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I I I I 65865.1, this Agreement, and the provisions of Section 9-1310.4 of the Development Agreement Regulations. g 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. �t 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 reasonably schedule such hearing.At such hearing,the Developer shall be entitled to 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 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. 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 temn.inate or modify this Agreement or take such other actions as may be specified J { 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 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:FPD161481145.2 -41- FJ