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EMC 18.08.040 Review process for preliminary subdivisions requiring a hearing <br /> examiner decision. <br /> A. Required Review Process. A preliminary subdivision application of fifty-one lots or <br /> more shall be reviewed as Review Process III as defined in Title 15 of this code, as <br /> amended. <br /> B. Integrated Permit Review. <br /> 1. The city shall integrate the SEPA review and the review of all other requested city <br /> land use permits with review of the preliminary subdivision application as required by <br /> Title 15 of this code, as amended. <br /> 2. A final SEPA threshold determination may be issued concurrently with the city's staff <br /> recommendation to the hearing examiner on the project permit consistent with Title 15 of <br /> this code, as amended. If a SEPA appeal is filed, the hearing of the SEPA appeal and the <br /> subdivision application shall be consolidated in a single open record hearing before the <br /> hearing examiner, consistent with Title 15 of this code, as amended. <br /> 3. When a subdivision application requiring a Review Process III, hearing examiner <br /> decision includes Review Process I or II administrative decision, the hearing examiner <br /> shall have jurisdiction over the administrative permits. The city shall issue a single <br /> consolidated staff report which shall include staff recommendations on all requested <br /> project permits. <br /> 4. All permits will be reviewed concurrently to the extent permissible by law as defined <br /> in Title 15 of this code, as amended. <br /> C. Open Record Public Hearing. The hearing examiner will conduct an open record <br /> public hearing. At this hearing, the hearing examiner will create the record of the <br /> preliminary subdivision application through testimony and admission of evidence and <br /> information in accordance with the procedures defined in Title 15 of this code, as <br /> amended, Chapter 2.23 of this code, as amended, and this title. The open record public <br /> hearing will be held prior to the hearing examiner's decision on the project permit. <br /> D. Approval of a Preliminary Subdivision Shall Consider the Land Division Evaluation <br /> Criteria and Development Standards in Chapter 18.28. The hearing examiner shall <br /> evaluate the proposed preliminary subdivision application and its compliance with <br /> Chapter 18.28 of this code, all other applicable city ordinances and city standards. <br /> E. Decision by the Hearing Examiner. <br /> 1. If the hearing examiner finds that the proposed preliminary subdivision is consistent <br /> with Chapter 18.28 of this code, all other applicable city ordinances, and city standards, <br /> the preliminary subdivision shall be approved. If the hearing examiner finds that the <br /> preliminary subdivision is not consistent with Chapter 18.28 of this code, or other <br /> applicable city ordinances and city standards, the hearing examiner may disapprove the <br /> application stating reasons for disapproval, or return it to the applicant for modification or <br /> correction with specific revisions or conditions that must be met for approval. <br /> 2. Each final decision of the hearing examiner shall be in writing and shall include <br /> findings and conclusions based on the record to support the decision. Each final decision <br /> of the hearing examiner shall be rendered within the time frames as established in Title <br /> 15 of this code, as amended, and Chapter 2.23 of this code, as amended, following <br /> conclusion of all testimony and hearings, unless a longer period is mutually agreed to by <br /> the applicant and the hearing examiner. <br /> 8 <br />