Division 6 — Yucaipa Zoning Code

PERIODIC REVIEW

Sections:

83.0301391 Notice of Periodic Review
83.0301392 Delegation or Referral to Planning Commission
83.0301393 Public Hearing

83.0301394 Findings Upon Public Hearing

83.0301395 Procedure Upon Findings

83.0301390 Time For and Initiation of Review.

The City shall review the development agreement every 12 months from the date the agreement is entered into. The time for review may be modified either by agreement between the parties or by initiation in one or more of the following ways:

(1) Recommendation of the planning staff;
(2) Affirmative vote of at least 4 members of the Planning Commission
(3) Affirmative vote of at least 3 members of the City Council (Ord. 67 § 1, 1991)

83.0301391 Notice of Periodic Review.

The Director of Planning Services shall begin the review proceeding by giving notice that the City intends to undertake a periodic review of the development agreement to the property owner. He shall give the notice at least 30 days in advance of the time at which the matter will be considered by the City Council. (Ord. 67 § 1, 1991)

83.0301392 Delegation or Referral to Planning Commission.

The City Council may refer the matter to the Planning Commission for further proceedings or for report and recommendations. (Ord. 67 § 1, 1991)

83.0301393 Public Hearing.

The City Council shall conduct a public hearing at which the property owner must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue is upon the property owner. (Ord. 67 § 1, 1991)

83.0301394 Findings Upon Public Hearing.

The City Council shall determine upon the basis of substantial evidence whether or not the property owner has, for the period under review, complied in good faith with the terms and conditions of the agreement. (Ord. 67 § 1, 1991)

83.0301395 Procedure Upon Findings.

(a) If the City finds and determines on the basis of substantial evidence that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period is concluded.

(b) If the City finds and determines on the basis of substantial evidence that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the City may terminate the agreement, or with the concurrence of the applicant, may modify the agreement. (Ord. 67 § 1, 1991)