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f 65$6 1,this Agreement; and•:the provisions o f S tign 9; 1310:4 of the Developrtient Aigr nt i Regu a,ons. nx ay yrs yz ('SS'g , p-� �y - fAy 4.3 Reealt ��"'c1a4iS,i� is S �ii ll t��[� yF I<]$$,,dA`. � y' } x$v �S'QEF 5'� 1�.-9 kn-101 I 0 refe"any revtet bendtte � tS y� p t kx r �'e�Ost on tete` 5•-!y�b � C '� J`Q'} L 'tJ Y'�J� $ •*4 g",.y r4. ' yt- 3L L Llt t - n 4t n is ^Yi a 'may ' ', 5 °a s4t.T ryG `lr +f a re sub ferral, UP Iann>Ing G0M.- MM >ion li l et ath �ed aaitl ean>Lt t ie. � _ Y � � �sf gQo�:farth complxatiee by the D.eue�ldper=wxt��ttte�,iris p�� gree� t��t7r�c��, ��i'#fie ©x r ; 77 �� 'x.'f'n $�i as 's Lons of this eet�oti 4 and ectron 131'07I&�f4�helDeveibp_tnent Agreement-e ?�} 4 5 A ,eats tc Board of Su ervl cors,Tie Deeiope ,may filer an'appealfaf a' detertr{rnat>lon of non-corr�pl�anee hereunder to tha.l3oard'ofSupervisors w>Ithiir ti=n4)t1ys after such determ><nation of n6n:-comp1iance is F ade If art appeal s h ely made, the Board of Supervisors shall°schedule a public hearing thereon not earlier;than thirty(3;[})ds�s after.the E Devetoper'files its noti�e:of appeal but as soon thereafter:as the.Baard of SupeAm-,Jsorcane reasonably schedule such•hearing Atrsuch heanng the Developer shall'be.entitled to submit evidence and ade'ss all;_the issues raised in the notice ofnon=compliance or on appeal The. Developer's evidence shall be in wasting and may e supplerriented orally of the heanng.before the Board of Supervisors. The Developer's written evidence shall'be submitted not less than twenty(20)business days prior to the scheduled hearing on the appeal. If, after receipt of the f written response of the Developer, and after considering all of the evidence at such public . hearing, the Board of Supervisors finds and determines on the basis of substantial evidence that the Developer has not complied in good faith with the terms and conditions of this Agreement, then the Board of Supervisors shall specify to the Developer the respects in which the Developer has failed to comply, and shall also specify a reasonable time for the Developer to meet the terms of compliance, which time shall p be not less than thirty(30) days and shall be reasonably related E to the time necessary to bring the Developer's performance into good faith compliance with the terms of this Agreement. If the areas of non-compliance specified by the Board of Supervisors are not cured within such reasonable time limits herein prescribed, then the Board of Supervisors may by noticed hearing as provided in Section 1310.4 of the Development Agreement Regulations terminate or modify this Agreement or take such other actions as may be specified in Section 1310.4 of the Development Agreement Regulations. A notice of determination hereunder of non-compliance by Developer shall specify in detail the grounds therefore and all facts demonstrating such non-compliance, so that the Developer may address the issues raised in the notice of non-compliance on a paint-by-point basis on any appeal taken to the Board of Supervisors. 4.7. Miscellaneous Requirements in Connection With Annual Review. The Commuhity Development Director's determination shall be made within sixty(60) days after the submission by the Developer of the material required under Section 4-2. hereof, and, if the Community Development Director refers the matter to the Planning Commission/then the determination by the Planning Commission shall be made within sixty(60) days after such referral subject to continuation of such matter by the Planning Commission for any reason. The Developer shall be permitted an opportunity to be heard orally or in writing before the Community Development Director regarding such performance before the Community W02—SF-FPD161481 145.2 —4t-