Chapter 17.35 — PROJECT CONDITIONS AGREEMENT AND MONITORING

§ 17.35.010. Agreement required. ¶

Applicants for all land use projects shall be required to execute a project conditions agreement specifying the nature of the land use application, the location, the assessors parcel number, the project's conditions of approval as required by staff, and/ or planning commission, and/or city council. Said agreement shall indicate that the development and/or the use of the real property shall conform to the conditions of approval, and shall be binding on all owners and persons having or acquiring right, title, or interest in the real property. The agreement shall be signed by the applicant/ owner/developer and dated. Said agreement shall be executed prior to engaging in the use or issuance of any development permits.

(Ord. 796 Att. A(part), 1999)

§ 17.35.020. Project conditions monitoring procedure. ¶

Upon execution of the project conditions agreement, the community development department (staff) shall carry out the following monitoring procedure:

A. Staff shall conduct a pre-construction/pre-permit review of the conditions that must be satisfied prior to the issuance of a building or other development permit and note the status accordingly;
B. Staff, in conjunction with other city departments, shall conduct a review of the project and the conditions that must be satisfied during the construction or development phase of the project. All required conditions shall be completed prior to the issuance of an occupancy permit, operation of the use, or execution of a financial security agreement.
C. Staff, in conjunction with other city departments, shall conduct post-construction review of the project and the conditions of approval. The post-construction monitoring shall be completed as needed. The post-construction report must indicate the status of all conditions, remedial action necessary, and other observations and recommendations. Post-construction reports may be made available to the Lakeport planning commission or city council who may initiate actions necessary to correct any deficiencies.
(Ord. 796 Att. A(part), 1999)

§ 17.35.030. Development project conditions enforcement. ¶

Failure of an applicant/owner/developer to comply with the conditions of approval imposed by staff, planning commission, and/or city council for a development project shall be deemed a violation of the municipal code. The enforcement procedures and penalties as set forth in Chapter 17.48 of the municipal code shall be applicable. (Ord. 796 Att. A(part), 1999)