A. The city shall review the development agreement twelve months from the date the agreement is entered into and every twelve months thereafter. It is the developer’s responsibility to apply in a timely fashion for the annual review. The time for review may be modified either by agreement between the parties or at the city’s initiation, upon recommendation of the planning director, and by an affirmative vote of a majority of the planning commission.

B. The planning director or his designee shall give notice to the property owner that the city intends to undertake the review of the development agreement. He shall give the notice at least ten days in advance of the time at which the matter will be considered by the planning commission.

C. 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.

D. The planning commission shall determine upon the basis of substantial evidence whether or not the property owner has, for the period under review, complied in good faith with the terms and conditions of the agreement.

E. 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.

F. 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. 2003-04 § 2, 2003)