Plumas County Municipal Code Art. 5 Annual Reviews

All development agreements shall be reviewed by the Planning Director or his designee at least once every twelve (12) months, unless the agreement provides for more frequent reviews.

(§ 2, Ord. 82-512, eff. August 12, 1982)

The purpose of the review shall be to inquire into the good faith compliance of the applicant with the terms of the agreement and for any other purpose which may be specified in the agreement. The burden of demonstrating good faith compliance shall rest with the applicant.

(§ 2, Ord. 82-512, eff. August 12, 1982)

Following the review by the Planning Director or his designee, the Planning Director shall determine in writing, based on substantial evidence, whether or not the applicant is in good faith compliance with the terms of the agreement and whether any further discretionary action needs to be considered pursuant to the conditions, terms, restrictions, and requirements set forth in the agreement.

(§ 2, Ord. 82-512, eff. August 12, 1982)

(a) If the Planning Director determines that the applicant is not in good faith compliance with the terms of the agreement, he shall refer the matter to the Board for consideration of termination or modification.

(b) If the Planning Director determines that further discretionary action needs to be considered pursuant to the conditions, terms, restrictions, and requirements set forth in the agreement, he shall refer the matter to the Board for consideration of such action.

(§ 2, Ord. 82-512, eff. August 12, 1982)

(a) If the Board finds and determines, on the basis of substantial evidence, that the applicant or his successor in interest has not complied in good faith with the terms and conditions of the agreement, the Board may unilaterally terminate or modify the agreement.

(b) The Board shall consider, and may take, any proposed discretionary action pursuant to the conditions, terms, restrictions, and requirements set forth in the agreement.

(§ 2, Ord. 82-512, eff. August 12, 1982)