A. Annual Review: The city shall review development agreements at least once every twelve (12) months from the date of their approval. Pursuant to Government Code section 65865.1, the applicant for a development agreement shall have the duty to demonstrate its good faith compliance with the terms of the development agreement at the time of such periodic review. The city's cost for such periodic review shall be paid by the applicant to the city prior to the time of such review.
B. Applicant's Submission: Not less than thirty (30), nor more than sixty (60), days prior to the anniversary date of a development agreement, and each anniversary date thereafter, the applicant shall submit to the community development department a letter setting forth the applicant's good faith compliance with the terms and conditions of the development agreement. Such letter shall be accompanied by documents and other information as may be necessary and available to enable the city to undertake its annual review of applicant's good faith compliance under the terms of the development agreement, and shall also state that such letter is submitted to the city pursuant to the requirements of Government Code section 65865.1 and this chapter. Not less than thirty (30), nor more than sixty (60), days prior to the anniversary date of a development agreement, the city's community development department shall provide notice to the city council, at a regularly scheduled meeting of the city council, that a development agreement will be subject to annual review in accordance with this chapter.
C. Finding Of Compliance: The community development department shall review the applicant's submission to ascertain whether the applicant has complied in good faith with the terms of the development agreement. Upon request of the community development department, the applicant shall furnish such additional documents or information as may be reasonably required and available to the applicant to enable the community development department to make and complete its review hereunder. If the community development department finds good faith compliance by the applicant with the terms of the development agreement, it shall issue a certificate of compliance, certifying the applicant's good faith compliance with the terms of the agreement through the period of the applicable annual review. Such certificate of compliance shall be in recordable form and shall contain such information as may be necessary in order to impart constructive record notice of the finding of good faith compliance hereunder. The applicant shall have the right to record the certificate of compliance, at the applicant's sole cost, in the official records of the county of San Bernardino. At least ten (10) days prior to making its determination, the community development department shall provide to the applicant copies of all staff reports and other information concerning the applicant's compliance with the terms of the development agreement and the determination made by the community development department.
D. Finding Of Noncompliance: If the community development department finds that the applicant has not complied in good faith with the terms of the development agreement, it shall specify to the applicant in writing the respects in which the applicant has failed to comply. The community development department shall also specify a reasonable time for the applicant to comply with such terms for compliance, which shall not be less than thirty (30) days, and shall be reasonably related to the time necessary to adequately bring the applicant's performance into good faith compliance with the development agreement. If the areas of noncompliance specified by the community development department are not perfected within such reasonable time limits prescribed by the department, then the development agreement shall be subject to modification or cancellation pursuant to this chapter and the provisions of Government Code section 65865.1.
E. Referral To City Council: The community development department may refer any review to be conducted hereunder to the city council. Such referral shall be made by the community development department director, together with a staff report on the department's preliminary findings. Upon such referral, the city council shall conduct a noticed public hearing on the applicant's compliance with the terms of the development agreement in accordance with the provisions of this chapter and Government Code section 65865.1. If, after considering all the evidence at such public hearing, the city council finds and determines on the basis of substantial evidence that the applicant has not complied in good faith to the terms and conditions of the development agreement, then the city council shall specify to the applicant the respects in which the applicant has failed to comply and shall also specify a reasonable time for the applicant to comply with such terms which shall not be less than thirty (30) days, and shall be reasonably related to the time necessary to adequately bring the applicant's performance into good faith compliance with the terms of the development agreement. If the areas of noncompliance specified by the city council are not perfected within such reasonable time limits, then the city council, by noticed hearing, may terminate, modify or take such other action with regard to the development agreement.
F. Miscellaneous Requirements In Connection With Annual Review: The community development department's determination shall be made within thirty (30) days after the submission by the applicant of the required material hereunder, and, if the community development department refers the matter to the city council, then the determination by the city council shall be made within fifteen (15) days after such referral. The applicant shall be permitted an opportunity to be heard orally, or in writing, before the community development department regarding such performance and before the community development department makes its determination or referral. The issuance of the certificate of compliance by the community development department (or the city council on referral) shall conclude the review for the applicable period, and such determination shall be final and conclusive up to and including the date of the annual review hereunder. All costs incurred by city for the annual review conducted under this chapter shall be borne by the applicant, including, but not limited to, the city's retention of professionals. (Ord. 2385 § 2, 1998: Ord. 2385 § 2, 1998)