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M 6586 1,this Agreement, and the prav><stons© Setron 9 1310 4 fit Development Agreement Regulations 43 Rife aIJ,Iumganrun 1 1 k h .1FL Left aay"reu><ex '1�eon tn;1dhtigr a � r mcltl+e a sta#f rort o#t the` 1.16 15 $$ ulu o r ,�t � z x c r r 3 6 E a�Yj= c a N u n 3 r E y E suekltfeial,'the Planhxrig G�nits�rdn shill�uet a itatcedub iar�rfig t a' �e: _. s-a ns �'Ss�^e 3 ?.u s �" g oc �ntth eompit`atic by the 366. toper r th ttb'te is c �l [e 1 t�,acc� pzoions of thts�ecttor1 4 and Soon' 3 o fileovelo to f t$ y'IM, t p; etl ??�gareement Regula ro, r" 4 b: eats to Board of Su ervtstars he Developer may file an appeal<of determmatian of non cornpltanee hereunder to the Board=.of Srpervtsors w�thtn ten{ 0�days after such determrriatron of noxi-compliance is treacle If alit appeal is ttrnely rradea the Board of Supervisors shall schedule a publ777, ic hearrng tltereoh not earlier,than thirty(30)dais after the ; Developer;f les its itohce:of appeal but as sdan-the�eafter:as:the Board of Supervisors cart reasonably schedule sudhhearing At such hearng the Developer shall be:entitlW tq submit evidence and.address all;the issues raised in the notice of non compliance or.on appeal The,. Developer's evidence shall.be.in writing and may be `supplemented orally at.the heanng:l a€ore the Board of Supervisors. The Developer's written evidence shall'be submitted not less thou twenty(20) business days prior to the scheduled hearing onIthe appeal. If, after receipt of tfie 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. 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 point-by-point basis on any appeal taken to the Board of Supervisors. i 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 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:FPD16148t 145.2 -41-