§ 24.35.140. Geologic hazards—Minimum standards for special reports—Third party review.

The approval authority may require a third party review of the geological assessment by a geotechnical professional at the applicant's expense.

A.

If a third party review is required, the approval authority will notify the applicant in writing of an intent to retain a qualified third-party to review the information provided by the applicant.

B.

At the time the applicant is notified of the requirement for third party review, the approval authority shall also provide written notice that the geotechnical report is available for review to property owners within one thousand feet of the project site. The approval authority shall accept public comment during a thirty-day period and shall forward the comments to the third party reviewer.

C.

Landslide and Marine Bluff Hazard Areas. The approval authority shall require third party review, at the applicant's expense, to assess the adequacy of the proposal and the cumulative impacts of stormwater infiltration on slope stability. This is accomplished by evaluating the applicant's proposal as well as previous geotechnical reports prepared for properties within one thousand feet of the project site.

The approval authority may waive this requirement if the applicant demonstrates that the development proposal site is hydrologically disconnected to the landslide or marine bluff hazard area.

D.

Third Party Review—Report Requirements. Third party review reports submitted under this section shall include the following information:

1.

An analysis of the adequacy of methods used and the uncertainty and risk involved in the estimates.

2.

Review and comment on the applicant's proposed methods for handling stormwater.

3.

In addition to paragraphs (1) and (2) above, third party review reports for landslide and marine bluff hazard areas shall include a thorough discussion of the cumulative stormwater impacts on the ground water flowing into the proposed development and the geologic hazard area from prior developments built or proposed to be built within one thousand feet of the project site.

4.

In light of these analyses, the third party reviewer shall answer the following question:

a.

For landslide and marine bluff hazard areas: "In your professional opinion, does this development, as proposed, along with adjacent development within one thousand feet, create a probable significant adverse impact from increased geological hazard risk." If the answer is yes, the approval authority shall deny approval of the project, as proposed.

b.

For seismic, volcanic, mine, or erosion hazard areas: "In your professional opinion, does the development, as proposed, create a probable significant adverse impact from increased geological hazard risk?" If the answer is yes, the approval authority will consider denial of the project, as proposed, based on the third party review findings.

(Ord. No. 14773, § 3(Att. B), 7-24-2012)