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Ordinance 2975-07
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Ordinance 2975-07
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Ordinances
Ordinance Number
2975-07
Date
2/28/2007
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When required. The city shall provide a notice of decision on all Review Process II and <br /> III applications. Except as otherwise provided in this title or by state law, the notice of <br /> decision shall be issued within one hundred twenty days after the determination of <br /> completeness. <br /> For Review Process II and III shoreline permits for limited utility extensions or for the <br /> construction of a bulkhead or other measures to protect a single-family residence and its <br /> appurtenance structured from shoreline erosion, the notice of decision shall be issued <br /> within twenty-one days of the last day of the comment period. <br /> Section 14. Paragraph B if Section 4(C) of Chapter 6 of Ordinance No. 2530-01 (EMC <br /> 15.24.310), which reads as follows: <br /> B. Review Process IV, V, and VI—Judicial Appeal Only, Except for Determination <br /> of Significance. No SEPA administrative appeal to the city is provided for <br /> Review Process IV, V, and VI other than for an appeal of a determination of <br /> significance to the examiner. The examiner's open record appeal hearing shall <br /> occur prior to any permit hearing by a body designated under Review Process <br /> IV, V, and VI to make a recommendation or decision on the project. Any further <br /> SEPA appeal shall not occur prior to a permit decision under Review Process IV, <br /> V, or VI. Any appeals of Review Process IV, V, and VI decisions shall be to <br /> Snohomish County superior court under Chapter 36.70C RCW (the Land Use <br /> Petition Act or LUPA). <br /> Is hereby amended to read as follows: <br /> C. Review Process V and VI—Judicial Appeal Only, Except for Determination of <br /> Significance. No SEPA administrative appeal to the city is provided for Review <br /> Process V and VI other than for an appeal of a determination of significance to <br /> the examiner. The examiner's open record appeal hearing shall occur prior to any <br /> permit hearing by a body designated under Review Process V and VI to make a <br /> recommendation or decision on the project. Any further SEPA appeal shall not <br /> occur prior to a permit decision under Review Process V or VI. Any appeals of <br /> Review Process V and VI decisions shall be to Snohomish County superior court <br /> under Chapter 36.70C RCW (the Land Use Petition Act or LUPA). <br /> Section 15. Paragraph E if Section 4(D) of Chapter 6 of Ordinance No. 2530-01 (EMC <br /> 15.24.320) is hereby repealed. The codifier is hereby instructed to mark the applicable <br /> section of the Everett Municipal Code as "RESERVED". <br /> Section 16. Paragraph F of Section 4(F) of Chapter 6 of Ordinance No. 2530-01 (EMC <br /> 15.24.340.F), which reads as follows: <br /> F. Appeal to Court. Except where state law expressly provides for a different appeal <br /> process of a city land use permit, any appeal of a Review Process IV, V, and VI <br /> decision and any further appeal of an administrative appeal decision on a land use <br /> permit and associated SEPA determination by the examiner under this title shall <br /> 7 <br />
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