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• <br /> 1. Decisions. The decisions of the examiner shall represent the final action on the <br /> application, unless appealed, as hereinbelow specified, for the following types of <br /> development action: <br /> a. Waivers, exceptions and appeals from administrative determinations of the <br /> city's street and sidewalk codes and commute trip reduction ordinance unless <br /> otherwise provided in said ordinances; <br /> b. Appeals from administrative determinations of the city's land use regulation <br /> codes. All appeals from land use regulation codes shall be filed with the city <br /> clerk no later than ten working days from the date of the written decision; <br /> c. Deferred improvements; <br /> d. Applications or appeals required by ordinance to be heard by the examiner, <br /> excluding variances and conditional use permits except as specified in <br /> subsection A(2) of this section and Section 2.23.140 of this chapter; <br /> e. Subdivisions and short subdivisions as specified by the city's subdivision <br /> ordinance. Subdivisions and short subdivisions when a concurrent application <br /> is submitted for a discretionary permit except as specified in subsection A(2) <br /> of this section; <br /> f. Nonconforming use expansion permits; <br /> g. Compliance with conditions imposed pursuant to any land use permit or <br /> decision which has been issued by the city of Everett land use hearing <br /> examiner; <br /> h. Shoreline management substantial development, conditional use or variance <br /> permit for projects from one to twenty-five acres in size and shoreline <br /> management substantial development permits for the following utility <br /> improvements: water supply distribution and storage facilities, sanitary <br /> sewage (and storm drainage when in a combined system) transmission and <br /> treatment facilities and storm water drainage systems. All other utility <br /> facilities shall be under the jurisdiction of the Everett planning commission; <br /> i. Special property use permits; <br /> j. Conditional use permits. <br /> 2. Recommendations. The decision of the examiner on the following matter shall <br /> constitute a recommendation to the city council which shall have the final <br /> authority to act on such applications: <br /> a. Rezones three acres or less in size; <br /> b. Rezones for which there is a concurrent application for a development action <br /> as is set forth in subsection A(1) of this section regardless of the size of the <br /> rezone. Notwithstanding the provisions of Title 18 of this code, the examiner's <br /> decision shall constitute a recommendation as to both the rezone and the <br /> concurrent application for the development action; <br /> c. Appeals of decisions made by the responsible official under the provisions of <br /> the city's environmental policy ordinance; <br /> d. Planned residential developments except for proposed developments exceeding <br /> fifty residential units in size; <br /> e. Planned residential developments for which there is a concurrent subdivision <br /> application. Notwithstanding the provisions of Title 18 of this code, the <br /> examiner's decision shall constitute a recommendation as to both the planned <br /> residential development and the preliminary subdivision. <br /> 2 <br />