Unless a longer period is permitted by statute, the county shall review the development agreement at least once during each 12-month period from the date the agreement was entered into, as provided by this section.
A. Review Body. Unless otherwise specified in the development agreement, periodic review of a development agreement shall be conducted by the Planning Commission.
B. Notice of Periodic Review. The Planning Director shall begin the review proceeding by giving notice to the developer that the county intends to undertake a periodic review of the development agreement. Notice shall be given at least 10 days in advance of the time at which the matter will be considered by the Planning Commission.
C. Public Hearing. The Planning Commission shall conduct a public hearing at which the developer must demonstrate good faith compliance with the terms of the agreement. The burden of proof in such matters is upon the developer. The hearing need not be advertised as provided in SCC 25.05.060(B); however, hearings on periodic review of development agreements shall be included in the regular agenda of the hearing body considering the periodic review.
D. Determination by Hearing Body. The hearing body 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 conditions of the agreement.
1. If the county finds and determines on the basis of substantial evidence that the developer has complied in good faith with the terms and conditions of the agreement during the period under review, a written report stating such shall be issued, terminating that review period.
2. If the county finds and determines on the basis of substantial evidence that the developer has not complied in good faith with the terms and conditions of the agreement during the period under review, the county may modify or cancel the agreement pursuant to SCC 25.05.080.
3. The developer may appeal a determination pursuant to subsection (D)(2) of this section to the Planning Commission and/or Board of Supervisors in accordance with the procedures outlined in SCC 20.05.130. (Formerly 25.07)