(A) Time for and initiation of review. The city will review all Development Agreements once every 12 months after the city enters into such Agreements.
(B) Applicant's submission. Between 45 and 60 days prior to the yearly anniversary of the date a Development Agreement was entered into, the party to the Agreement or successors in interest will submit evidence to the Planning Director of good-faith compliance with the Agreement and will notify the Director in writing that such evidence is being submitted to the city pursuant to the periodic review requirements of this section. Said notification will be accompanied by a processing fee as specified in the city's fee schedule.
(C) Findings of compliance. If the party to the Agreement or successors in interest has complied with the terms of the Development Agreement, a finding of compliance will be issued, which may be recorded by the Party to the Agreement or successors in interest with the Ventura County Recorder.
(D) Finding of noncompliance. If, on the basis of substantial evidence, it is found that the party to the Agreement or successor in interest has not complied with the terms of the Development Agreement, the party to the Agreement or successor in interest will be notified in writing of the grounds of noncompliance. A reasonable time period will be specified in which the party to the Agreement or successor in interest must comply. If the party to the Agreement or successor in interest does not comply within the time limits prescribed, the Development Agreement will be subject to cancellation pursuant to § 16.234.090 of this Chapter 16.234.
(E) Appeal of determination. Upon the payment of the required fee, any interested person may file an appeal of the issuance of a finding of compliance, or notice of noncompliance, to the City Council within ten calendar days after the date of issuance or notice.
(Ord. 1104, passed 7-19-04)