San Jose Municipal Code Part 3 Compliance Review

A. The director shall set a hearing for review of developer's compliance with the agreement before the planning commission on an annual basis and at any other time that director determines that there are reasonable grounds to believe that the developer may be in default under the development agreement.

B. Upon not less than thirty days' written notice by the director of planning, the developer shall provide such information and documents as may be deemed by the director as reasonably necessary to ascertain compliance with the development agreement.

C. If the director intends to recommend that the planning commission refer the matter to the city council, the director shall so notify the developer. Such notice shall specify the actions which must be taken to cure the noncompliance. If the developer, in writing, requests time to cure the noncompliance, the planning commission hearing shall be deferred to allow a reasonable period of time for the developer to effect a cure. The reasonable period of time shall be determined by the director under the circumstances, provided however, that unless the noncompliance presents a threat of imminent harm to the public, the deferral shall not be less than thirty days.

D. At any compliance hearing, the developer shall be given the opportunity to be heard orally or in writing regarding performance under the development agreement.

E. If the planning commission finds the developer to be in full compliance with all terms and conditions of the development agreement, it shall adopt a resolution certifying compliance of the agreement through the applicable period of review. Said resolution may be recorded by the developer with the county recorder.

F. If the planning commission finds that good faith compliance with all terms and conditions of the development agreement has not been demonstrated, the commission shall refer the matter along with its recommendations to the city council.

G. If the planning commission refers the matter, the city council shall conduct a hearing on compliance at its first available agenda after such referral. The council shall hear the matter de novo.

H. If the city council finds and determines, on the basis of substantial evidence, that the developer has not complied in good faith with all terms and conditions of the development agreement, the city council may terminate or modify the agreement.

(Ord. 28986.)