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EMC Title 15, Local Project Review Procedures Page 72 of 94 <br />The Everett Municipal Code is current through Ordinance 4031-24, passed May 22, 2024. <br />3. Review Process IIIA, Hearing Examiner Decisions. The decision of the hearing examiner on <br />Review Process IIIA applications, including SEPA determinations, shall be final. Appeals of <br />the hearing examiner’s decisions shall be to Snohomish County superior court in <br />accordance with Chapter 36.70C RCW and filed within twenty-one days of issuance of the <br />decision; provided, however, that appeals of the hearing examiner’s decision on shoreline <br />substantial development permits or revisions shall be to the Shorelines Hearings Board as <br />set forth in RCW 90.58.180 and Chapter 461-08 WAC, the rules of practice and procedure of <br />the Shorelines Hearings Board. <br />a. Appeals of revisions to shoreline permits not requiring a conditional use permit or <br />variance shall be in accordance with RCW 90.58.180 and shall be filed within <br />twenty-one days from the date of receipt of the city’s action by the Department of <br />Ecology. The party seeking review shall have the burden of proving the revision <br />granted was not within the scope and intent of the original permit. <br />b. Appeals of revisions to shoreline permits requiring a conditional use permit or <br />variance shall be in accordance with RCW 90.48.180 and shall be filed within <br />twenty-one days from the date of receipt of the city’s action by the Department of <br />Ecology. The party seeking review shall have the burden of proving the revision <br />granted was not within the scope and intent of the original permit. <br />4. Review Process IIIB, Hearing Examiner Recommendation to Council. <br />a. There is no appeal of the hearing examiner’s recommendation. The decision of the <br />city council constitutes the final action of the city and is appealable to Snohomish <br />County superior court in accordance with Chapter 36.70C RCW and shall be filed within <br />twenty-one calendar days of issuance of the decision. <br />b. If a SEPA procedural determination is appealed for a proposal subject to Review <br />Process IIIB, the appeal shall be heard with the hearing examiner’s open public hearing <br />on the permit. The decision of the hearing examiner shall be final and shall be stated in <br />the hearing examiner’s recommendation to the city council on the Review Process III <br />permit. Any further SEPA appeal shall be to Snohomish County superior court under <br />Chapter 36.70C RCW together with the city council decision on the permit.