Ordinance 2530-01 - Laserfiche WebLink

the requirements of SEPA(see RCW 43.21C.075), the SEPA ordinance, and this Ordinance, as further specified in this section. 2. Review Process IV, V, and VI—Judicial appeal only, except for determination of significance. No SEPA administrative appeal to the City is provided for Review Process IV, V, and VI other than for an appeal of a determination of significance to the Examiner. The Examiner's open record appeal hearing shall occur prior to any permit hearing by a body designated under Review Process IV, V, and VI to make a recommendation or decision on the project. Any further SEPA appeal shall not occur prior to a permit decision under Review Process IV, V, or VI. Any appeals of Review Process IV, V, and VI decisions shall be to Snohomish County Superior Court under RCW 36.70C (the Land Use Petition Act or LUPA). 3. Review Process I, II, and III—Administrative and judicial appeal. SEPA administrative appeals are provided for Review Process I, II, and III. All SEPA administrative appeals shall be to the Examiner and are subject to the consolidated appeals provisions of this Ordinance. Any appeal of the Examiner's decision shall be to Snohomish County Superior Court under RCW 36.70C. This means: a. For Review Process I and II permits, one open record appeal hearing is allowed on the appeal of a SEPA threshold determination and permit together. If the Examiner requires an EIS, one subsequent open record appeal is allowed on the adequacy of the EIS and permit together. b. For Review Process III permits, the Examiner must hear the SEPA administrative appeal for a Review Process III permit at the same open public hearing where the Examiner makes a recommendation or decision on the permit. If the Examiner requires an EIS or supplemental EIS, the Examiner must hear any appeal of the EIS at the open public hearing on the permit (which will generally be continued pending the preparation of the required environmental document). c. For Review Process I, II, and III, an appeal of a SEPA determination of significance shall be heard by the Examiner in its own separate open record appeal hearing, prior to the further processing of the land use permit application or issuance of a decision. 4. Appeals on Other City Proposals. This paragraph applies to appeals of SEPA procedural determinations on project or nonproject proposals by the City that are not City legislative actions: If a SEPA threshold determination or EIS on a City proposal is issued prior to an application for a land use permit (or if no land use permit is required for the proposal), the City shall allow an administrative appeal to the Examiner in the public notice of the SEPA determination. The Examiner shall hear only the SEPA procedural appeal and shall not have junsdiction over review of the City proposal unless otherwise provided by City ordinance. There 69