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EMC Title 15, Local Project Review Procedures Page 71 of 94 <br />The Everett Municipal Code is current through Ordinance 4031-24, passed May 22, 2024. <br />4. Appeals on Other City Proposals. This subsection applies to appeals of SEPA procedural <br />determinations on project or nonproject proposals by the city that are not city legislative <br />actions. If a SEPA threshold determination or EIS on a city proposal is issued prior to an <br />application for a land use permit (or if no land use permit is required for the proposal), the <br />city shall allow an administrative appeal to the hearing examiner in the public notice of the <br />SEPA determination. The hearing examiner shall hear only the SEPA procedural appeal and <br />shall not have jurisdiction over review of the city proposal unless otherwise provided by city <br />ordinance. There shall be no further appeal of the hearing examiner’s appeal decision until <br />after the city makes a final decision on the proposal. <br />5. Appeals To and From the Hearing Examiner. The hearing examiner shall provide for the <br />preparation of a record for use in any subsequent appeal proceedings. Any further appeal <br />of the hearing examiner’s decision on a SEPA administrative appeal on a Review Process I, <br />II, and III permit shall be to Snohomish County superior court under Chapter 36.70C RCW <br />together with the appeal of the permit (unless state law provides for a different appeal <br />process, such as to the Shoreline Hearings Board). <br />6. Deference to Responsible Official. The procedural determinations made by the city’s <br />responsible official shall be entitled to substantial weight. <br />D. Permit Appeals. <br />1. Review Process I, Minor Administrative Decisions. Appeals of Review Process I decisions <br />shall be heard by the hearing examiner in the manner provided for in Review Process II <br />appeals. Appeals of minor administrative decisions shall be to the hearing examiner and <br />filed within fourteen days of issuance of the decision; provided, however, that appeals of <br />shoreline permit decisions shall be filed within twenty-one days of the decision. <br />2. Review Process II, Administrative Decisions. Appeals of administrative decisions, including <br />decisions for SEPA threshold determinations, shall be heard by the hearing examiner. The <br />hearing examiner’s decision on the appeal shall be final. Appeals of hearing examiner’s <br />decision shall be to Snohomish County superior court in accordance with Chapter 36.70C <br />RCW and filed within twenty-one days of issuance of the decision. Exception: no city <br />administrative appeal is provided for limited utility extensions or construction of a <br />bulkhead or other measures to protect a single-family residence and its appurtenant <br />structures from shoreline erosion, as defined in RCW 90.58.140(11)(b); any appeal shall be <br />directly to the shoreline hearings board.