1001 14TH ST 2024-03-01 - Laserfiche WebLink

the top of the bluff will remain unobstructed. (exhibit 1, staff report, page 5; testimony of Mr. Jimerson) 38. A restriction on height of structures is set forth in the Public Access Standards of the Shoreline Master Program. Any building or structure within 200 feet of the ordinary high water mark, in excess of 35 feet in height, must provide data showing that the structure will not obstruct the view of a substantial number of residences on the areas adjoining such shorelines4. The Development Agreement standard agreed to by the City and the Port limits building heights within 200 feet of the shoreline to 35 feet in height. (exhibit 1, staff report, page 5) 39. A biological evaluation was.conducted by the Port (see EIS Technical Appendix, exhibit 14). The conclusions of the report included comments that the proposal may have some effect on endangered species, but is unlikely to adversely impact the endangered species. The City submitted this conclusion was acceptable. No public comment or opposition was submitted. (exhibit 1, staff report, page 6; exhibit 14, biological evaluation; testimony of Mr. Jimerson) 40. All stormwater management on -site will be subject to City standards and the Washington State Department of Ecology best available management practices. Recommended conditions 8 through 10 address this issue. (exhibit 1, staff report, pages 6, 13 and 14) 41. The best available management practices and procedures will be employed for safe handling of fuel and toxic hazardous materials. All commercial uses on -site must practice these requirements relating to services and activities performed near the water. Operators shall take all actions necessary to ensure that contaminants do not enter the water or storm drainage system. All activity must comply with the City Drainage Ordinance and Stormwater Management Manual. The Everett Planning Department recommended conditions 8 through 10 and 25 to address these requirements. (exhibit 1, staff report, page 7; recommended conditions #8 through 10 and 25) Section 5 Use Regulation Findings 42. The City of Everett's Shoreline Master Program only allows nonwater oriented commercial uses within 200 feet of the ordinary high water mark if the use provides substantial public access and ecological restoration. Further, the use is allowed only if it is appropriate and feasible and one of the following criteria is satisfied: a. The site is physically separated from the shoreline by another property, public right-of-way, or significant environmentally sensitive area: or d This regulation does not apply to cranes, utility poles or other devices required to carry on water - dependent operations. 10