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c. The criteria used in making such an application of the development standard which is <br /> being appealed; <br /> d. The appellant's basis for appealing the application of the particular development <br /> standard; <br /> e. The impact that the development standard requested by the appellant would have on <br /> the following: <br /> i. The proposed use, <br /> ii. Surrounding properties, <br /> iii. Public right-of-way, <br /> iv. Environmentally sensitive areas, <br /> v. Other standards required by this title, <br /> vi. Overall public health, safety and welfare, <br /> vii. Relevant policies of the Everett general plan; and <br /> f. Any findings or conclusions issued in writing by the planning department or planning <br /> director. An applicant who wishes to vary from a prescribed standard contained in this <br /> title shall seek remedy through the variance procedure or any other legal method <br /> prescribed in this title. <br /> 2. Adult Use Businesses. A determination that an adult use business meets the <br /> development standards and/or locational requirements shall be a Review Process I <br /> decision under Title 15 of this code (as it exists or is hereafter amended). Any person <br /> who feels that the application of development standards and/or locational requirements is <br /> improper or inappropriate may file an appeal. The appeal shall be heard by the hearing <br /> examiner. <br /> In evaluating such an appeal, the hearing examiner shall determine whether the appealed <br /> development standards and/or location requirements have been correctly applied. The <br /> scope of the appeal and the hearing examiner's authority shall be limited to these factual <br /> determinations. If the hearing examiner determines that the development standards and <br /> locational requirements were property applied, the appeal shall be denied. If the hearing <br /> examiner determines that the development standards and locational requirements where <br /> not properly applied, the appeal shall be granted. The time period for processing the <br /> appeal shall be the time period specified for Review Process I in Title 15 of this code (as <br /> it now exists or is hereafter amended). Standing to appeal is limited to those persons <br /> defined in Title 15 of this code (as it now exists or is hereafter amended for Review <br /> Process I. <br /> When a proposed adult use requires a SEPA threshold determination under Chapter <br /> 43.21C RCW, the threshold determination is a Review Process II under Title 15 of this <br /> code. Appeals of SEPA determinations for adult use businesses shall be limited to the <br /> appeals listed in the city's SEPA ordinance, Section 20.04.250 (A). The time period and <br /> procedures for submitting an appeal and for processing the appeal of the threshold <br /> determination shall be the time period and procedures specified for Review Process II in <br /> Title 15 of this code (as it now exists or is hereafter amended). Whether the appeal is <br /> heard separately or in a combined hearing in conjunction with a SEPA appeal hearing, <br /> the scope of the hearing examiner's authority in reviewing an appeal regarding the city's <br /> application of development standards and/or locational requirements to a proposed adult <br /> use business shall be limited as set forth in this subsection. <br /> 39 <br />