(A) The Director of Planning shall set a public hearing before the Planning Commission to review a developer’s compliance with the development agreement on an annual basis and at any other time that the Director determines that there are reasonable grounds to believe that the developer may be in default under the agreement.
(B) Upon not less than 30 days’ written notice by the Director of Planning, the developer shall provide such information and documents as may be deemed by the Director as reasonably necessary to ascertain compliance with the development agreement.
(C) At any compliance hearing, the developer shall be given the opportunity to be heard orally or in writing regarding performance under the agreement. The developer shall have the burden of providing compliance at the public hearing before the Planning Commission.
(D) If the Planning Commission finds the developer to be in full compliance with all terms and conditions of the agreement, it shall adopt a written resolution certifying compliance with the development agreement through the applicable period of review. The developer may cause the resolution to be recorded with the County Recorder.
(E) If the Planning Commission finds that good faith compliance with all terms and conditions of the agreement has not been demonstrated, the Commission shall refer the matter along with its recommendation to the Board of Supervisors.
(F) If the Planning Commission refers the matter, to the Board, the Board of Supervisors shall conduct a public hearing on compliance at its first available agenda after the referral. The Board shall hear the matter de novo, meaning that the Board shall base its decision on the record generated by the Planning Commission proceedings and based upon any new evidence presented in connection with the public hearings before the Board. The developer shall bear the burden of proving compliance at the public hearing before the Board.
(G) If the Board of Supervisors finds and determines, on the basis of substantial evidence, that the developer has not demonstrated compliance with all terms and conditions of the agreement, the Board may terminate or modify the agreement.
(1966 Code, § 6A.05-12) (Ord. 653, § 1(part))