§ 19.46.070. Periodic review.

(a)

Time for and initiation of review. The city may review the development agreement every 12 months from the date the agreement is entered into. The time for review may be modified either by agreement between the parties or by initiation in one or more of the following ways:

(1)

Recommendation of the planning staff;

(2)

Affirmative vote of at least three members of the planning commission;

(3)

Affirmative vote of at least three members of the city council.

(b)

Notice of periodic review. The city planner may initiate the review proceedings by giving notice that the city intends to undertake a periodic review of the development agreement to the developer. The city planner shall give the notice at least 15 days in advance of the time at which the matter will be considered by the planning commission.

(c)

Delegation to the city planner. Review shall be conducted by the city planner.

(d)

Public hearing. The planning commission may conduct a public hearing at which the developer must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue is upon the developer.

(e)

Findings upon public hearing. The planning commission shall determine, upon the basis of substantial evidence, whether or not the developer has, for the period under review, complied in good faith with the terms and condition of the agreement.

(f)

Procedure upon findings.

(1)

If the planning commission finds and determines, on the basis of substantial evidence, that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period is concluded, and a notice of that determination shall be published and mailed as provided in section 19.46.030.

(2)

If the planning commission finds and determines, on the basis of substantial evidence, that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the planning commission shall forward its recommendation to the city council and the city council may modify or terminate the agreement.

(Ord. No. 934-2015, § 19.46.070, 7-20-2015)