Ordinance 3774-20 - Laserfiche WebLink

chapter,SEPA appeals on land use permit decisions and any other city proposals shall be filed and heard at the same time as appeals on the applicable land use permit or city proposal. 1. Procedural and Substantive Compliance. For purposes of utilizing SEPA to assist in governmental planning and decisionmaking the city recognizes a right of appeal by any aggrieved person on whether governmental action is in compliance with the substantive and procedural provisions of SEPA, including a threshold determination(DNS, MDNS or DS),adequacy of an EIS,and of a decision document issued by the responsible official or city which conditions or denies a project on the basis of SEPA substantive authority.Any SEPA appeal shall meet the requirements of SEPA(see RCW 43.21C.075),the SEPA ordinance(EMC 19.43),and this title,as further specified in this section. 2. Review Process V—Judicial Appeal Only, Except for Determination of Significance. No SEPA administrative appeal to the city is provided for Review Process V other than for an appeal of a determination of significance to the hearing examiner.The hearing examiner's open record appeal hearing shall occur prior to any permit hearing by a body designated under Review Process V to make a recommendation or decision on the project.Any further SEPA appeal shall not occur prior to a permit decision under Review Process V.Any appeals of Review Process V decisions shall be to Snohomish County superior court under Chapter 36.70C RCW(the Land Use Petition Act or LUPA). 3. Review Process I, II,and III—Administrative and Judicial Appeal.SEPA administrative appeals are provided for Review Process I, II,and III.All SEPA administrative appeals shall be to the hearing examiner and are subject to the consolidated appeals provisions of this title.Any appeal of the hearing examiner's decision shall be to Snohomish County superior court under Chapter 36.70C RCW.This means: a. For Review Process I and II permits,one open record appeal hearing is allowed on the appeal of a SEPA threshold determination and permit together. If the hearing examiner requires an EIS,one subsequent open record appeal is allowed on the adequacy of the EIS and permit together. b. For Review Process III permits,the hearing examiner must hear the SEPA administrative appeal for a Review Process III permit at the same open public hearing where the hearing examiner makes a recommendation or decision on the permit. If the hearing examiner requires an EIS or supplemental EIS,the hearing examiner must hear any appeal of the EIS at the open public hearing on the permit (which will generally be continued pending the preparation of the required environmental document). c. For Review Process I, II,and III,an appeal of a SEPA determination of significance shall be heard by the hearing examiner in its own separate open record appeal hearing, prior to the further processing of the land use permit application or issuance of a decision. 4. Appeals on Other City Proposals.This paragraph applies to appeals of SEPA procedural determinations on project or nonproject proposals by the city that are not city legislative actions. If a SEPA threshold determination or EIS on a city proposal is issued prior to an application for a land use permit(or if no land use permit is required for the proposal),the city shall allow an administrative appeal to the hearing examiner in the public notice of the SEPA determination.The hearing examiner shall hear only the SEPA procedural appeal and shall not have jurisdiction over review of the city proposal unless otherwise provided by city ordinance.There shall be no further appeal of the hearing examiner's appeal decision until after the city makes a final decision on the proposal. 5. Appeals To and From the Hearing examiner.The hearing examiner shall provide for the preparation of a record for use in any subsequent appeal proceedings.Any further appeal of the hearing examiner's decision on a SEPA administrative appeal on a Review Process I, II,and III permit shall be to Snohomish County superior court under Chapter 36.70C RCW together with the appeal of the permit(unless state law provides for a different appeal process,such as to the Shoreline Hearings Board). 6. Deference to Responsible Official.The procedural determinations made by the city's responsible official shall be entitled to substantial weight. Ch.15.02 Local Project Review 31 City Council Action(11/04/2020)