28.12.150 Final determination.
Following submission of a completed detailed study, the Department of Community and Economic Development will review the detailed study and make a determination, based on the critical area detailed study and any other available and appropriate materials. The determination will address the adequacy of the project, as proposed, to mitigate any effects it may have on critical areas that are included within or adjacent to the project site. The City may elect to request assistance from state resource agency staff if necessary. In addition, the Department of Community and Economic Development will assess the adequacy of the project proposal’s compliance with the applicable performance standards. Notice of this determination shall be attached to the permit and the critical area review shall be completed.
(1) A Favorable Determination. A determination that the project proposal adequately mitigates its impacts on the critical areas and complies with the applicable performance standards satisfies the provisions of this title only. It should not be construed as endorsement or approval of the original or any subsequent permit applications.
(2) An Unfavorable Determination. When a project proposal is found to not adequately mitigate its impacts on the critical areas and/or not comply with applicable performance standards, the Department of Community and Economic Development shall prepare written notice of the reasons for the finding of noncompliance. Such notice shall identify the critical area impacted and the nature of the impact.
Following notice of a determination from the critical area review that the proposed activity does not adequately mitigate its impacts on the critical areas and/or does not comply with applicable performance standards, the applicant may request consideration of a revised mitigation plan. if the revision is found to be substantial and relevant to the critical area review, the Department of Community and Economic Development may reopen the critical area review and make a new determination based on this revised mitigation plan. [Ord. 4525 § 1, 2021; Ord. 3911 § 2, 2009; Code 1970 § 28.12.160. Formerly 28.12.160.]