The applicant will be required to demonstrate compliance with the provisions of the development agreement at least once a year, at which time the Director will review each approved development agreement.

A.

Finding of Compliance. If the Director, on the basis of substantial evidence, finds compliance by the applicant with the provisions of the development agreement, the Director will issue a finding of compliance, which will be in recordable form and may be recorded with the Contra Costa County Clerk-Recorder's Office, County Recorder Division after the conclusion of the review.

B.

Finding of Non-compliance. If the Director finds the applicant has not complied with the provisions of the development agreement, the Director may issue a finding of noncompliance that may be recorded by the City with the Contra Costa County Clerk-Recorder's Office, County Recorder Division after it becomes final. The Director must specify in writing to the applicant the respects in which the applicant has failed to comply, and must set forth terms of compliance and specify a reasonable time for the applicant to meet the terms of compliance. If applicant does not comply with any terms of compliance within the prescribed time limits, the development agreement will be subject to termination or modification pursuant to this article.

C.

Appeal of Determination. Within seven days after issuance of a finding of compliance or a finding of noncompliance, any interested person may file a written appeal of the finding with the City Council. The appellant must pay fees and charges for the filing and processing of the appeal in amounts established by resolution of the City Council. The appellant shall specify the reasons for the appeal. The issuance of a finding of compliance or finding of noncompliance by the Director and the expiration of the appeal period without appeal, or the confirmation by the City Council of the issuance of the finding on such appeal, will conclude the review for the applicable period and such determination will be final.