A. The city manager shall, on an annual basis and at any other time that the city manager determines to be appropriate, review the extent of good faith substantial compliance by the landowner with the terms and conditions of the development agreement. Such periodic review shall be limited in scope to compliance with the terms and conditions of the agreement, pursuant to Government Code Section 65865.1. The costs of notice and related costs incurred by the city for such annual review shall be borne by the landowner.
B. The city manager shall provide thirty (30) days' prior written notice of such periodic review to the land-owner. Such notice shall require the landowner to demonstrate good faith compliance with the terms and conditions of the agreement, and to provide such other information as may be reasonably requested by the city manager and deemed by the city manager to be required in order to ascertain compliance with the agreement. Such notice shall also include the state-ment that any review may result in amendment or termination of the agreement.
C. If, following the review, the city manager is satisfied that there has been good faith compliance with the terms and conditions of the agreement, the city manager shall by letter inform the landowner of this finding. If the city manager is not satisfied that the landowner has demonstrated good faith compliance with all the terms and conditions of the agreement, the city manager may refer the matter along with recommendations to the city council.
D. Subject to all applicable noticing requirements, the city council shall conduct a hearing on compliance at its first available agenda after referral by the city manager. The landowner shall be given written notice of the hearing by mail at the address specified in the agreement, at least ten (10) days prior to the date of the hearing, in addition to any other notice required by law. When the written notice is sent to the landowner, it shall include any staff report or other materials upon which the city manager based a conclusion that there has not been demonstrated good faith compliance with the terms and conditions of the agreement.
E. The landowner shall be provided with opportunity to present written and/or oral testimony at the public hearing.
F. The city council shall hear the matter de novo.
G. At the conclusion of the hearing, the city council shall make written findings and determinations on the basis of substantial evidence, as to whether or not the landowner or successors have complied in good faith with the terms and conditions of the agreement.
H. If the city council determines that the landowner or successor has not complied in good faith with the terms and conditions of the agreement, the city council may terminate the agreement as to the particular landowner or successor, and as to the portion of the property in which the particular landowner or successor holds an interest. Alternatively, the city council may modify the agreement; in that case, the landowner or successor shall decide whether to accept the modification. If the proposed modification is rejected, the agreement shall be terminated.
I. Termination of the agreement shall not affect any of landowner's obligations to comply with the general plan, any applicable specific or community plan, any applicable financing plan, any applicable zoning, conditional use permit, subdivision map or other land use entitlement approved with respect to the property, nor shall it affect other covenants of landowner specified in the agreement to continue after termination of the agreement.
J. A finding by the city manager or the city council of good faith compliance by a landowner with the terms and conditions of the agreement shall conclusively determine said issue up to and including the date of said review as to such landowner and that landowner's property. (Ord. 2013-0021 § 105; prior code § 56.06.616)