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32. As noted on the Conceptual Plans (exhibit 4) submitted by the Applicant, <br />landscaping within development parcels is subject to all requirements of the <br />Development Agreement. The landscaping must be consistent with the urban <br />character of the development and must comply with City standards to provide <br />shade, augment aesthetics and work to unify the character of the entire project. <br />The Design Guidelines and Standards have been adopted by the City Council <br />and referenced in the Development Agreement. A detailed landscape plan must <br />be submitted with building permit applications to ensure all applicable standards <br />are satisfied. (exhibit 1, staff report, page 4, exhibit 4, plan set; exhibit 11 a, <br />development agreement) <br />33. All shoreline permits must have provisions that require the Applicant to <br />immediately stop work and notify the City and Tulalip Tribes if anything of <br />possible archaeological interest is uncovered during excavation or development. <br />If such items are discovered, the Applicant must consult a professional <br />archaeologist to inspect and evaluate the site. The City determined that <br />discovery of archaeological items of interest is not expected because the site <br />consists mainly of fill. (exhibit 1, staff report, page 4) <br />34. Public access is required as part of a shoreline permit. Water enjoyment uses <br />and nonwater oriented uses fronting the shoreline must provide continuous public <br />access along the entire site's shoreline. The proposal provides public access as <br />a significant feature of the proposed project. (exhibit 1, staff report, pages 4 and <br />5; exhibit 4, plan set, sheets #P1.01 and #P1.03) <br />35. The site to be developed is within the City of Everett's adopted shoreline public <br />access plan. Upon review of the shoreline public access plan for the site that <br />was submitted by the Applicant, the City determined that it would be consistent <br />with the City's plan and would provide continuous access along the shoreline and <br />along West Marine View Drive frontage with pedestrian linkages connecting the <br />northern and southern esplanades throughout the interior of the development. <br />The esplanades and other pedestrian ways will be designed to satisfy <br />accessibility standards. (exhibit 1, staff report, page 5; exhibit 16, powerpoint, <br />testimony of Mr. Jimerson; testimony of Ms. Gurley) <br />36. The Development Agreement between the City and the Port establishes time <br />schedules for completion of public access improvements. Many of the <br />improvements are currently under construction pursuant to previous permits. <br />The Applicant indicated that it would satisfy this requirement. (exhibit 1, staff <br />report, page 5, exhibit 11 f, pathways and public access; testimony of Ms. Gurley) <br />37. The public access trail will be along the entire perimeter of the site and will have <br />unobstructed views. While there will be partial view impacts, properties along the <br />top of the bluff, east of the project, will be impacted minimally. The analysis <br />submitted by the Port indicated that the partial view images will be towards the <br />Snohomish River, Jetty Island and the Sound, but the majority of the views from <br />9 <br />