Chapter 22.08 — CANCELLATION OR TERMINATION

Any development agreement may be cancelled or modified by mutual consent of the parties in the manner provided in California Government Code Section 65868 . Notice of intention to amend or cancel any portion of the agreement shall be given in the manner provided by California Government Code Section 65867 . An amendment shall be subject to the provisions of California Government Code Section 65867.5

(Ord. CS 370 §1, 1990)

• A. If at any time during the term of development agreement, the planning director finds that the developer has not complied with the terms and conditions of the development agreement, and such noncompliance has not been cured under Section 22.07.030 of this title, the planning director shall pursuant to the notice provisions of this title request that the planning commission conduct a public hearing at which the developer must demonstrate compliance with the terms of the development agreement. If such compliance cannot be shown the planning commission shall recommend to the board of supervisors that the board of supervisors either commence proceedings to cancel the development agreement or recommend new terms and conditions to remedy the noncompliance.

• B. The board of supervisors shall con-duct a noticed hearing as set forth in Section 22.08.010 on the recommendations of the planning commission at which the developer and any other interested person shall be entitled to submit evidence and testimony relevant to the issue of the developer's compliance with the terms of the development agreement. If the board of supervisors finds, based on evidence presented, noncompliance with the terms and conditions of the development agreement, it may immediately cancel the development agreement, or in its discretion, may allow the development agreement to be continued by imposition of new terms and conditions intended to remedy such noncompliance. The board of supervisors may impose such conditions as it considers necessary to protect the interests of the county. The decision of the board of supervisors shall be final.

• C. Any cancellation or imposition of new terms and conditions pursuant to this section shall be noticed in accordance with Government Code Section 65867 and must comply with Government Code Section 65867.5

• (Ord. CS 370 §1, 1990)

In the event that a development agreement should be cancelled or otherwise terminated, unless otherwise agreed, all rights of the developer, property owner or successor-in-interest under the development agreement shall terminate. Any and all benefits, including money or land, received by the county shall be retained by the county. Notwithstanding the above provision, any termination of the development agreement shall not prevent the developer from completing a building or other improvements authorized pursuant to a valid building permit previously approved by the county or under construction at the time of termination, but the county may take any action permitted by law to prevent, stop or correct any violation of law occurring during and after construction, and the developer or any tenant shall not occupy any portion of the project or any building not authorized by a previously issued permit. As used herein, "construction" means work under a valid building permit, and "completing" means completion for beneficial occupancy or use. (Ord. CS 370 §1, 1990)