The Planning Commission shall review the development agreement at least once every twelve (12) months from the date the agreement is entered into, in order to determine whether applicant, or any successor in interest, is complying in good faith with the terms of the agreement. The time for review may be modified by the Board of Supervisors acting by Resolution.
The Planning and Development Director shall begin the review proceeding by giving notice to the owner of the property that the Planning Commission intends to undertake a periodic review of the development agreement. The director shall give the notice at least ten (10) days in advance of the time at which the matter will be considered by the Planning Commission.
The Planning Commission shall conduct a public hearing at which the property owner must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue is upon the property owner.
(a)
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.
(b)
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 Commission may recommend that the Board of Supervisors modify or terminate the agreement. The written decision of the Planning Commission recommending modification or termination of the agreement shall be delivered to the Board of Supervisors not later than ten (10) days after the final action of the Commission.