2171-18. Periodic Review Findings.
(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. (Ord. 2399, § 1, 9/16/2008)
(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 thirty (30) days after the final action of the Commission. (Ord. 2399, § 1, 9/16/2008)
(c) Any person may appeal a determination made by the Planning Commission pursuant to this section to the Board of Supervisors in accordance with Section 312-8.3 of the Humboldt County Zoning Regulations. (Ord. 2399, § 1, 9/16/2008)
(d) Within sixty (60) days of the Clerk of the Board’s receipt of the Planning Commission’s recommendation to modify or terminate the agreement due to the lack of the property owner’s good faith compliance the Board shall hold a public hearing. At that hearing the Board shall determine on the basis of substantial evidence, whether or not the agreement should be modified or terminated. The property owner shall be given an opportunity to be heard at the hearing before the Board. The property owner shall bear the burden of proving compliance. The Board may act to modify or terminate the agreement, may continue the agreement, may impose additional conditions upon the continuance of the agreement or may refer the matter back to the Planning Commission for further proceedings or for a report and recommendation. The decision of the Board of Supervisors is final. (Ord. 2399, § 1, 9/16/2008)