Ordinance 2534-01 - Laserfiche WebLink

later than ten working days following the issuance of the DNS, MDNS, DS, decision document or FEIS, a written statement requesting an appeal setting forth the name and address of the person aggrieved, an explanation of why the person is aggrieved and a clear and concise statement of the specific issues for the appeal on a form provided by the planning department and paying the fee required by the land use development permit fee ordinance. If an appeal is properly filed within the initial ten-working-day period, then within fifteen working days following the issuance of the appealed DNS, MDNS, DS, decision document or FEIS, the appellant may submit to the planning department a final written statement of issues of appeal. The appellant is precluded from later raising any appeal issue other than those specifically noted in the written appeals statements. For purposes of computing time period for appeal, the definition of"days" means "working days." When computing the time period, the day from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday nor a legal holiday. Legal holidays are prescribed in RCW 1.16.050. 2. Upon timely and proper notice of appeal as set out in subdivision 1 of this subsection, a hearing shall be scheduled before the city's land use hearing examiner. The hearing examiner shall hold a public hearing per the requirements of Chapter 2.23. The action of the hearing examiner shall constitute a recommendation to city council. 3. Notice of the hearing before the hearing examiner shall be sent by mail to the appellant, applicant, to all persons who have filed with the responsible official a written request for notice of the pertinent SEPA decision and to all persons who timely file with the responsible official written comments during the comment period and shall be published in a newspaper of general circulation at least ten calendar days prior to the hearing. 4. All SEPA appeals shall be heard by the hearing examiner. When the underlying action as set forth in the hearing examiner's ordinance invokes the jurisdiction of the hearing examiner, the hearing on the SEPA appeal and the underlying action shall be concurrent. When the underlying action is an administrative action appealable to the hearing examiner and the threshold determination is appealed, then any approval on the underlying action shall constitute a recommendation to the examiner which matter shall be heard concurrently by the hearing examiner with the SEPA appeal. Notwithstanding any provisions of the Everett municipal code, when the hearings are concurrent the hearing examiner's action shall constitute a recommendation to the city council on both the underlying action and the SEPA appeal. When hearings are concurrent, the SEPA hearing notice requirements together with those established for the underlying action shall apply both to the SEPA appeal and the underlying action. In the event there is a conflict, the notice requirement that is the most extensive shall control. All testimony concerning the SEPA appeal shall be limited to those issues raised in the written statement of appeal. 5. Notice of the city council's action on the recommendation shall be sent by mail to the party of record (as defined by the hearing examiner's procedures), the appellant and applicant at least ten days prior to the meeting. If the city council schedules a public hearing on the appeal, notice of the hearing shall be sent by mail to the appellant, 30