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EMC Title 15, Local Project Review Procedures Page 70 of 94 <br />The Everett Municipal Code is current through Ordinance 4031-24, passed May 22, 2024. <br />SEPA appeal shall meet the requirements of SEPA (see RCW 43.21C.075), the SEPA <br />ordinance (Chapter 19.43), and this title, as further specified in this section. <br />2. Review Process V—Judicial Appeal Only, Except for Determination of Significance. No SEPA <br />administrative appeal to the city is provided for Review Process V other than for an appeal <br />of a determination of significance to the hearing examiner. The hearing examiner’s open <br />record appeal hearing shall occur prior to any permit hearing by a body designated under <br />Review Process V to make a recommendation or decision on the project. Any further SEPA <br />appeal shall not occur prior to a permit decision under Review Process V. Any appeals of <br />Review Process V decisions shall be to Snohomish County superior court under Chapter <br />36.70C RCW (the Land Use Petition Act or LUPA). <br />3. Review Process I, II, and III—Administrative and Judicial Appeal. SEPA administrative <br />appeals are provided for Review Process I, II, and III. All SEPA administrative appeals shall <br />be to the hearing examiner and are subject to the consolidated appeals provisions of this <br />title. Any appeal of the hearing examiner’s decision shall be to Snohomish County superior <br />court under Chapter 36.70C RCW. This means: <br />a. For Review Process I and II permits, one open record appeal hearing is allowed on <br />the appeal of a SEPA threshold determination and permit together. If the hearing <br />examiner requires an EIS, one subsequent open record appeal is allowed on the <br />adequacy of the EIS and permit together. <br />b. For Review Process III permits, the hearing examiner must hear the SEPA <br />administrative appeal for a Review Process III permit at the same open public hearing <br />where the hearing examiner makes a recommendation or decision on the permit. If <br />the hearing examiner requires an EIS or supplemental EIS, the hearing examiner must <br />hear any appeal of the EIS at the open public hearing on the permit (which will <br />generally be continued pending the preparation of the required environmental <br />document). <br />c. For Review Process I, II, and III, an appeal of a SEPA determination of significance <br />shall be heard by the hearing examiner in its own separate open record appeal <br />hearing, prior to the further processing of the land use permit application or issuance <br />of a decision.