A. If, at any time during the term of a development agreement the director of community development determines that the applicant has not complied in good faith with the terms and conditions of the development agreement, the director of community development shall, pursuant to the notice provisions of this chapter, request that the planning commission conduct a public hearing at which the applicant must demonstrate good faith compliance with the terms of the development agreement. The burden of proof by substantial evidence of compliance by the applicant is upon the applicant. If such compliance cannot be shown, the planning commission shall recommend to the city council that the city council either commence proceedings to cancel the development agreement or recommend new terms and conditions intended to remedy the noncompliance.
B. The city council shall conduct a noticed hearing on the recommendations of the planning commission at which the applicant and any other interested person shall be entitled to submit such evidence and testimony as may be germane to the issue of the applicants good faith compliance with the terms of the development agreement. If the city council finds, based on substantial evidence, noncompliance with the terms and conditions of the development agreement, it may either cancel the development agreement upon giving sixty (60) days' notice to the applicant, 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 city council may impose such conditions to the action it takes as it considers necessary to protect the interests of the city. The decision of the city council shall be final.
C. Any cancellation or imposition of new terms and conditions pursuant to this section shall be noticed in accordance with the procedures specified in section 18.220.150 of this chapter. (Ord. 2385 § 3, 1998: Ord. 2073 § 1, 1989)