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still pending,the reasons why they were not completed and actions of the Developer to complete them. 4.3. Finding of Compliance. The Community Development Director shall review the Developer's submission to ascertain whether the Developer has complied in good faith with the terms of this Agreement. Upon request of the Community Development Director, the Developer shall furnish such additional documents or information as may be reasonably required and available to the Developer to enable the Community Development Director to make and complete his or her review hereunder. If the Community Development Director finds good faith compliance by the Developer with the terms of this Agreement,the Community Development Director shall issue a certificate of compliance certifying the Developer's good faith compliance with the terms of this Agreement as of the date of the applicable annual review. Such certificate of compliance shall be in recordable form and shall contain such information as may be necessary in order to impart constructive record notice of the finding of good faith compliance hereunder. The Developer shall have the right to record the certificate of compliance in the Official Records of the County of San Joaquin. At least ten(10)days prior to making his or her determination hereunder, the Community Development Director shall provide to the Developer copies of staff reports and other official information concerning Developer's compliance with the terms of this Agreement and the determination proposed by the Community Development Director. 4.4. Finding of Noncompliance. If the Community Development Director finds that the Developer has not complied in good faith with the terms of this Agreement or has failed to demonstrate such compliance to the satisfaction of the Community Development Director,the Community Development Director shall specify in writing to the Developer the respects in which the Community Development Director believes the Developer has failed to comply or has failed to demonstrate compliance. The Community Development Director 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 adequately bring the Developer's performance into good faith compliance with the terms of this Agreement. If the areas of non-compliance specified by the Community Development Director are not cured within such reasonable time limits prescribed by the Community Development Director,then this Agreement shall be subject to modification or cancellation pursuant to this Agreement and the provisions of Section 1310.4 of the Development Agreement Regulations. 4.5. Referral to Planning Commission. The Community Development Director may refer any review to be conducted hereunder to the Planning Commission. Such referral may include a staff report on the Community Development Director's preliminary findings. Upon such referral, the Planning Commission shall conduct a noticed public hearing to determine the good faith compliance by the Developer with the terms of this Agreement in accordance with the provisions of this Section 4. and Section 1310.4 of the Development Agreement Regulations. 4.6. Appeals to Board of Supervisors. The Developer may file an appeal of a determination of non-compliance hereunder to the Board of Supervisors within ten(10)days after such determination of non-compliance is made. If an appeal is timely made,the Board of Supervisors shall schedule a public hearing thereon not earlier than thirty (30)days after the Developer files its notice of appeal but as soon thereafter as the Board of Supervisors can -29-