Part Seven. Monitoring Effectiveness of Land Use Application Processing
26.10.700 Performance monitoring.
Any permit or other approval issued under authority of this chapter as a Type I, II or III permit, and containing conditions for such approval such as an approved mitigation plan, habitat management plan, certificate of compliance, or other special report, is subject to the following permit condition monitoring procedures, unless otherwise specified in the relevant permit, plan, certificate, or report:
(1) For conditions of approval requiring physical improvements (i.e., roads, landscaping, etc.), the applicant shall provide an affidavit of improvements upon compliance with such conditions. The affidavit shall be filed with the Department of Community Development (Department) prior to expiration of the permit, as applicable, or as otherwise consistent with specific timing restrictions imposed as a condition of final approval.
(2) For conditions of approval affecting operational characteristics and/or performance standards (i.e., maximum traffic generation, survival rate of landscape plants, etc.), the applicant shall provide a report to the Department, detailing the progress of the approved use and the effectiveness of the conditions of approval. The report shall be prepared by the applicant, or a designated agent, and shall be submitted once a year, for the first three years of operation of the approved use. The Department shall respond in writing within 28 days of receiving such reports and indicate whether the report is adequate or whether modifications or corrections to the proposal are necessary.
(3) The Department shall evaluate reports, affidavits of improvements, and public comments regarding the approved use based on the conditions of approval. The Department may request to inspect the site. If the Department determines that all conditions of approval have been adequately satisfied, a certificate of compliance in the form of a letter will be issued. Refusal to allow inspection of the site during regular business hours is adequate reason to deny issuance of a certificate of compliance.
(4) If, at any time prior to the expiration of the permit or the expiration of performance monitoring, the Department determines that conditions of approval are not being adequately achieved, the Department may notify the applicant in writing of the inadequacy, warn that corrective action is required to ensure compliance with the conditions of approval, and notify the applicant that failure to fully comply with all of the conditions of approval, including the provisions of any mitigation plan, habitat management plan, certificate of compliance, or special report, is subject to enforcement under CCC Title 20, Code Compliance, including rescission of the permit and denial of any further permits.
(5) Failure to demonstrate full compliance with conditions requiring physical improvements prior to permit expiration or conditions affecting operational characteristics prior to completion of all monitoring reports shall constitute grounds for rescission of the permit pursuant to the provisions of CCC Title 20, Code Compliance. Failure to comply with all the terms and conditions of a permit decision is also subject to enforcement pursuant to the provisions of CCC Title 20, Code Compliance.
(6) Any determination issued pursuant to subsection (2) or (3) of this section is final unless appealed in accordance with CCC 26.10.620 within 14 days of the date of mailing the determination. The filing fee must accompany the appeal and shall be the same as the fee for Type I appeals as specified in the “Planning Division Fee Schedule 300-A” at CCC 5.100.300.
(7) Any party may make a request in writing to receive any determinations issued pursuant to this section. Copies of written decisions, determinations or other materials contained within the public record shall be provided upon request and payment of reasonable fees.