Assignments of Error, Criteria 7: <br />Appeal Issue #23: The Hearings Official erred on Pages 54 and 55 of the Decision of the <br />Hearings Official dated April 20, 2018 regarding the Applicant's current compliance with EC <br />9.8320(7)(c). At issue is the applicant's (i.e., the "owners") current compliance with the code as <br />it relates to the future availability of sufficient domestic and fire water flows to the proposed <br />PUD, including a new off-site pump station and associated piping. The applicant would be <br />responsible for cost sharing of the new system. <br />The Applicant's representative, Ms. Carol Schirmer, stated in a 3/21/2018 letter addressed to the <br />Hearing Official that: "The applicant approached EWEB to work out a form of commitment <br />acceptable to the utility. That form of commitment, signed by the property owners, is Hearing <br />Exhibit R. EWEB informed the planning department on March 20 that the form of commitment <br />by the property owners was acceptable to EWEB. See Hearing Exhibit S. " <br />Exhibit R noted above is a document signed by the owners entitled "Owner Commitment to <br />Contribute to Cost of Water Infrastructure." <br />The Hearings Official states on Page 55 of her Decision that she "finds that the [Owners') <br />written statement is sufficient to demonstrate compliance with EC 9.88320(7)(c). " The Hearings <br />Official erred in this conclusion, based on the following: <br />1) It is pre-mature at this juncture to produce any form of a signed guaranty or <br />commitment regarding water infrastructure. <br />2) This written statement" is insufficient to replace the EWEB requirement, as noted on <br />Page 64 of the Decision, that "EWEB currently accepts cash payment, bond or <br />irrevocable letter of credit as financial guarantees. " <br />3) The Hearings Official erred in her acceptance of this written statement as the owners' <br />documentation for current compliance with criteria 9.8320(7)(c) in that she is also relying <br />on the owners' successful completion of a separate future responsibility under the same <br />criterion. See Condition of Approval Item 13 on Page 3 of the Decision which states <br />"Prior to final plat approval, the applicant shall provide documentation that EWEB has <br />received a financial guarantee, inform [o] cash payment, bond or an irrevocable letter <br />of credit, ensuring water will be provided to each lot in the plat. " <br />4) The written commitment states at the top of page 2 that <br />"the document's purpose is to state the owners' current written commitment to <br />pay their proportionate share of capital costs required to upgrade EWEB off-site <br />facilities, as needed to adequately serve the proposed development of this <br />property, in order to support a current finding by the Hearing Official that the <br />code standard in 9.8320 (7) ( c ) - is met. " <br />23 <br />