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f 65,865-:1 this Agreement;:and':the proyisrons of Sectrnn 9:+411 04 of theDevelopment Agrernent Regulations 5� ii C 1 ,F - 4 5 Ref$ a t P1atris Feo� qty�enrd�ent�3rte�oy, r t i NMF, r? ; T :kyrr refer revs �e coca dune n s . ' ' a. ..£ i ke5r� 76 + i5 }1`I-ell �1 � 'inc€�l a staff react gn �tp° otyAle �' r ,5� � , m gyts _101! 4� sL suchferral,`'thelanntilg Cor�xsron`�hl{uendnct anct��dpb>tcrtg� c,1 r 1t eti ,Gni" +, 1s ' •. , - o5 �'tth compliance.�b `the IDvelo cit l etc slsLgsef� ► cr 'j��]he �tie 8 � y mJ -. 1�,. +� pcois 'ons of tlirs-Stroz�4 and`Sectton 131n4`c�fhe De�reipteritgreettent IOW Iap ' 3 3J fi k -fr 5 } 4 6: AppealsStaBoard of Sup ryik 'lie Developec:may f le an appeal A a deternimaiioiwof non cornplrarice hereunder to the'Board'.of supervisors wrtlrn ten(10�days after such deterrrirnatron ofnon-compliance is rtiade I£an appeal is tmeiy trade, tfie hod t�f Supervisors shall>'schedule a publrc heanng,thereon not.bar.tot than thirty(30)days after the Develover,'files its notree,of appeal bait as°soon theYeaftcr as the,Board of Supervisors cari reasonably schedule suchhearing At.such hearing;the Eieve'lvper shall:be,entitled'.tosuti nit evidence and address ail;the issues raised.in the notice of non.-comlliance-,or on appeal `1`he, Developer's evidence shalt be.in writing and may be-supplernented orally at the hearing: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 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 be not less than thirty(30) days and shall be reasonably related to the time necessary to bring the Developer's performance into good faith compliance with the terms of this Agreement. Cf 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 point-by-point basis on any appeal taken to the Board of Supervisors. 4.7. Miscellaneous Requirements in Connection With Annual Review. The Community 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 Comm ission/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—S E FP 1)161481145.2 —41—