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EMC Title 15, Local Project Review Procedures Page 69 of 94 <br />The Everett Municipal Code is current through Ordinance 4031-24, passed May 22, 2024. <br />A. Scope of Project Review and Appeals. As required by RCW 36.70B.030, except for issues of <br />code interpretation, neither the city nor any reviewing body shall reexamine alternatives to or <br />hear appeals on the following items: <br />1. Type of land use permitted at the site, including uses that may be allowed under certain <br />circumstances, such as planned unit development and conditional and special uses, if the <br />criteria for their approval have been satisfied; <br />2. Density of residential development in urban growth area; and <br />3. Availability and adequacy of public facilities identified in the comprehensive plan, if the <br />plan or development regulations provide for funding of these facilities as required by <br />Chapter 36.70A RCW. <br />B. Time Limit for Appeal Decisions. Land use permit decisions and SEPA determinations, <br />including the adequacy of a final EIS, shall be appealable as provided for in this section. For <br />purposes of this section, a final decision means the decision issued after any reconsideration or <br />remand if applicable. The time period for hearing and deciding an administrative appeal to the <br />city shall not exceed ninety days. However, the parties to an appeal may agree to extend this <br />time period. This appeal period is not included in the time limit for issuing a permit (Section <br />15.01.080). <br />C. SEPA Appeals. The city establishes the following administrative appeal procedures under the <br />SEPA ordinance (Chapter 19.43), RCW 43.21C.075 and WAC 197-11-680. For purposes of this <br />subsection, “EIS” means a final environmental impact statement, final supplemental <br />environmental impact statement, or a notice of adoption or addendum to a final EIS/SEIS that is <br />prepared and used by the city for making a decision on the proposal. Except as specified in this <br />chapter, SEPA appeals on land use permit decisions and any other city proposals shall be filed <br />and heard at the same time as appeals on the applicable land use permit or city proposal. <br />1. Procedural and Substantive Compliance. For purposes of utilizing SEPA to assist in <br />governmental planning and decisionmaking, the city recognizes a right of appeal by any <br />aggrieved person on whether governmental action is in compliance with the substantive <br />and procedural provisions of SEPA, including a threshold determination (DNS, MDNS or <br />DS), adequacy of an EIS, and of a decision document issued by the responsible official or <br />city which conditions or denies a project on the basis of SEPA substantive authority. Any