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approved by the Everett City Council in 2015. (exhibit 1, staff report, page 1; <br />exhibit 2, JARPA application; exhibit 3, project narrative, pages 1 through 3; <br />testimony of Mr. Jimerson; testimony of Ms. Gurley; testimony of Mr. Anderson) <br />2. Previous shoreline permits for the site were issued by the City of Everett. These <br />shoreline permits remain valid if work has been commenced on them. The City <br />determined that the proposed shoreline permit would facilitate the completion of <br />the City approved goals envisioned, but not yet completed, by previous shoreline <br />permits that have been issued. The instant shoreline permit would provide <br />revisions and updates for the remaining proposed shoreline improvements. <br />(exhibit 3, project narrative, page 1; testimony of Mr. Anderson; testimony of Ms. <br />Gurley) <br />3. The revised plan reflects changes consistent with the scope and intent of two <br />shoreline permits that were approved by the City of Everett Hearing Examiner <br />that are to expire in the near future. (exhibit 3, project narrative, page 1) The <br />Hearing Examiner approved SMA #05-009 on January 5, 2006 and SMA #05- <br />013 on February 27, 2006. <br />4. The instant application provides a detailed description of portions of the proposed <br />initial project, the Fisherman's Harbor. It provides a flexibility in mixed -use, multi - <br />phased development and will be a cornerstone for the Port for attracting quality <br />private development. The Port submitted that the level of detail and the <br />proposed phasing for the remainder of the site within the shoreline jurisdiction is <br />currently conceptual, but with an understanding that the future planning will be <br />consistent with Section 4.2 of the Development Agreement between the City of <br />Everett and the Port that was entered on January 7, 2015. (exhibit 3, project <br />narrative, page 1; exhibit 11, development agreement; testimony of Mr. <br />Jimerson) <br />5. Because of the close proximity to a significant shoreline within the State of <br />Washington (Puget Sound) and because the proposed project exceeds the <br />statutory threshold amount of $5,000.00, the proposed project is subject to a <br />shoreline permit. (WAC 173-27-040(2); testimony of Mr. Jimerson) <br />6. Shoreline permits in the City of Everett are reviewed pursuant to the Washington <br />State Shoreline Act (RCW 90.58) and the ordinances of the City of Everett, <br />including the Everett Shoreline Master Program (SMP). <br />7. Pursuant to the State Environmental Policy Act (SEPA) (RCW 41.2l.C), the Port <br />was designated as the lead agency for the environmental review of the impacts <br />of the proposed project. On May 27, 2005, the Port issued a final Environmental <br />Impact Statement (EIS). No appeals were filed of that EIS. The Port remains the <br />lead agency, and it has incorporated the final EIS issued in 2005 as the <br />environmental review. No appeals of this determination have been made. <br />2 <br />