Ordinance 3774-20 - Laserfiche WebLink

D. Permit appeals 1. Review Process I, Minor Administrative Decisions.Appeals of Review Process I decisions shall be heard by the hearing examiner in the manner provided for in Review Process II appeals.Appeals of minor administrative decisions shall be to the hearing examiner and filed within fourteen(14)days of issuance of the decision, provided however,that appeals of shoreline permit decisions shall be filed within twenty- one(21)days of the decision. 2. Review Process II,Administrative Decisions.Appeals of administrative decisions, including decisions for SEPA threshold determinations,shall be heard by the hearing examiner.The hearing examiner's decision on the appeal shall be final.Appeals of hearing examiner's decision shall be to Snohomish County superior court in accordance with Chapter 36.70C RCW and filed within twenty-one(21)days of issuance of the decision. Exception: no city administrative appeal is provided for limited utility extensions or construction of a bulkhead or other measures to protect a single-family residence and its appurtenant structures from shoreline erosion,as defined in RCW 90.58.140(11)(b);any appeal shall be directly to the Shoreline Hearings Board. 3. Review Process IIIA, Hearing examiner Decisions.The decision of the hearing examiner on Review Process IIIA applications,including SEPA determinations,shall be final.Appeals of the hearing examiner's decisions shall be to Snohomish County superior court in accordance with Chapter 36.70C RCW and filed with twenty-one(21)days of issuance of the decision; provided however,that appeals of the hearing examiner's decision on shoreline substantial development permits or revisions shall be to the shorelines hearings board as set forth in RCW 90.58.180 and Chapter 461-08 WAC,the rules of practice and procedure of the shorelines hearings board. a. Appeals of revisions to shoreline permits not requiring a conditional use permit or variance shall be in accordance with RCW 90.58.180 and shall be filed within twenty-one(21)days from the date of receipt of the city's action by the Department of Ecology.The party seeking review shall have the burden of proving the revision granted was not within the scope and intent of the original permit. b. Appeals of revisions to shoreline permits requiring a conditional use permit or variance shall be in accordance with RCW 90.48.180 and shall be filed within twenty-one(21)days from the date of receipt of the city's action by the Department of Ecology.The party seeking review shall have the burden of proving the revision granted was not within the scope and intent of the original permit. 4. Review Process IIIB, Hearing examiner Recommendation to Council. a. There is no appeal of the hearing examiner's recommendation.The decision of the city council constitutes the final action of the city and is appealable to Snohomish County superior court in accordance with Chapter 36.70C RCW and shall be filed within twenty-one(21)calendar days of issuance of the decision. b. If a SEPA procedural determination is appealed for a proposal subject to Review Process IIIB,the appeal shall be heard with the hearing examiner's open public hearing on the permit.The decision of the hearing examiner shall be final and shall be stated in the hearing examiner's recommendation to the city council on the Review Process III permit.Any further SEPA appeal shall be to Snohomish County superior court under Chapter 36.70C RCW together with the city council decision on the permit. c. Nothing in this subsection limits the authority of the city council to condition or deny a proposed project under Review Process IIIB under applicable city standards and ordinances. 5. Review Process V, Planning Commission/City Council Quasi-Judicial Decisions.The decision of the planning commission constitutes a recommendation to the city council.The decision of the city council constitutes the final action of the city and is appealable to Snohomish County superior court in accordance with Chapter 36.70C RCW and shall be filed within twenty-one days of issuance of the decision. Ch.15.02 Local Project Review 32 City Council Action(11/04/2020)