20.25H.270 Critical areas report – Independent third-party review.
Regardless of whether the City conducts a technical review pursuant to LUC 20.25H.265, the applicant may request independent third-party review of the critical areas report and related proposal following the procedures of this section where disagreement exists between the City and the applicant on the critical areas report findings or technical recommendations contained in the critical areas report.
A. Timing of Independent Third-Party Review. The applicant may request independent third-party review at any time during the applicable decision process. If the City and applicant agree, the review may be conducted prior to issuance of any decision. If the City and applicant do not agree to pre-decision review, the review shall be conducted as part of the applicable appeal process. If conducted as part of the applicable appeal process, the timing of review and associated impact on the hearing date and the appeal schedule shall be determined during a pre-hearing conference held pursuant to the Hearing Examiner’s rules of procedure.
B. Qualified Reviewers. The independent third-party review shall be performed by a qualified professional who was not involved in preparing the critical areas report, and who was not engaged by the City to perform any technical review pursuant to LUC 20.25H.265.
C. Selection of Qualified Professional.
1. Pre-Decision Independent Third-Party Review. The qualified professional shall be chosen by mutual agreement between the City and the applicant. If the City and the applicant cannot agree on a qualified professional, the City shall issue its decision on the proposal pursuant to the applicable decision process. If the applicant appeals the decision and requests independent third-party review, the qualified professional shall be selected as set forth in subsection C.2 of this section.
2. Independent Third-Party Review on Appeal. The Hearing Examiner shall select a qualified professional from among candidates submitted by the City and the applicant. The Hearing Examiner’s selection shall be made during a pre-hearing conference held pursuant to the Hearing Examiner’s rules of procedure.
D. Impact on Required Project Timelines.
1. Timelines Suspended During Third-Party Review Process. The applicant shall agree in writing that the time period between initiating the selection process for the qualified professional to conduct the independent third-party review through issuance of any written report of that qualified professional shall not count against any project timelines applicable to the decision or appeal process pursuant to City code or state law.
2. Timelines Suspended During Revisions. The applicant shall agree in writing that the time period during which the applicant prepares revisions to the proposal as a result of the independent third-party review shall not count against any project timelines applicable to the decision or appeal process pursuant to City code or state law.
3. Additional Time for City Review. The applicant shall agree in writing that any project timeline applicable to the decision or appeal process pursuant to City code or state law shall be extended by 30 days to allow for City or Hearing Examiner review of any written report of the qualified professional.
E. Effect of Independent Third-Party Report. The report of the qualified professional shall not be binding, but shall be considered, together with all other reports and materials in the record, in determining compliance with the applicable decision criteria. The report of the qualified professional shall not be entitled to any more or less weight than other reports and materials in the record.
F. Cost of Independent Third-Party Review. The applicant shall bear the cost of independent third-party review, unless the applicant is determined to be the prevailing party on issues associated with the critical areas report and associated conditions and recommendations. (Ord. 5680, 6-26-06, § 3)