Imperial County Municipal Code Ch. 27 Mixed-Use Projects—review

The planning and development services director shall review a development agreement annually, on or before the anniversary date of the recordation of the development agreement, in order to ascertain the good faith compliance by the property owner with the terms of the development agreement. The property owner shall submit an annual monitoring report, in a form acceptable to the planning and development services director, within thirty (30) days after written notice from the planning and development services director. The annual monitoring report shall be accompanied by an annual review and administration fee sufficient to defray the estimated costs of review and administration of the development agreement during the succeeding year. The amount of the annual review and administration fee shall be set annually by resolution of the board of supervisors.

(Ord. No. 1448, § 1, 4-14-09)

The board of supervisors may order a special review of compliance with a development agreement at any time. The planning and development services director shall conduct such special reviews.

(Ord. No. 1448, § 1, 4-14-09)

A. During either a periodic review or a special review, the property owner shall be required to demonstrate good faith compliance with the terms of the development agreement. The burden of proof on this issue shall be on the property owner.

B. Upon completion of a periodic review or a special review, the planning and development services director shall submit a report to the board of supervisors setting forth the evidence concerning good faith compliance by the property owner with the terms of the development agreement and his or her recommended finding on that issue.

C. If the board finds on the basis of substantial evidence that the property owner has complied in good faith with the terms and conditions of the development agreement, the review shall be concluded.

D. If the board finds on the basis of substantial evidence that the property owner has not complied in good faith with the terms and conditions of the development agreement, the board may modify or terminate the development agreement as provided in chapter 28 of these regulations.

(Ord. No. 1448, § 1, 4-14-09)