2025/11/05 Council Agenda Packet

3 comments in the decision-making process, as they relate to project design elements, protection of the Water Corridor. 1.B.4 Engineering Evaluation. If a permit application for public or private development or construction within the Water Corridor or within 50 feet of the Water Corridor involves work that includes a significant change in grade or installation of structures or other activities that could impact the transmission lines, an engineering evaluation shall be required prior to permit issuance by Lake Stevens and will be available for review and comment by Everett at least for the entire comment period. This evaluation must be conducted by a professional engineer, licensed in the State of Washington, who has experience evaluating site conditions and preparing reports for the relevant engineering discipline including but not limited to civil engineering, geotechnical engineering or structural engineering, based on the specific application and potential impact with a preference for engineers with practical experience working within or near water transmission lines. The professional engineering evaluation must follow water utility industry standards, must include specific engineering standards from Everett or Lake Stevens as applicable, and must demonstrate that the proposed work will not adversely affect the transmission lines. If the engineering evaluation includes conditions for the proposed work for minimizing or avoiding adversely affecting the transmission lines, those conditions will be included in the permit(s) issued by Lake Stevens. 1.B.5 Setbacks from the Water Corridor. Lake Stevens, by ordinance or by other legally enforceable mechanism, will enforce a mandatory 10-foot setback from the boundary line of Everett’s ownership or easement, as shown in Exhibit 1 and marked as “Setbacks.” As shown in Exhibit 1, the Setbacks are 10 feet in width from such boundaries. Everett may acquire additional property interests from time to time for transmission line related infrastructure, and the Setbacks will be modified to be a 10-foot set back from the boundary lines of the additional property interests at the time Everett acquires them. No private or public improvements shall be permitted by Lake Stevens within the Setbacks, except for improvements specifically allowed under this Section 1.B.5 or otherwise approved by Everett’s Water Corridor Contact Person in writing. Everett will allow, and Lake Stevens may permit, the following improvements within the Setbacks: roads, driveways, parking lots, utility installations or similar improvements, all subject to review and comment under Section 1.B.3 above and engineering evaluation (if applicable) under Section 1.B.4 above. The following are examples of structures that are not allowed within the Setbacks: buildings, building parts, manufactured homes, mobile homes, walls, rockeries, vaults, and foundations. 1.B.6 Additional Requirements for Activities Within the Water Corridor. 1.B.6(a) Permit Authority/Transmission Line Right-of-Way Use Permits. Lake Stevens is the permitting authority for all permits and associated improvements within Lake Stevens per Chapter 35A.11 RCW, including those adjacent to or crossing the Water Corridor, including but not limited to construction plan approval, grading permit approval, environmental review, issuance of a SEPA threshold determination (except as may be otherwise provided herein), and Lake Stevens right-of-way permit approval. Lake Stevens will provide Everett’s Water Corridor Contact Person copies of all permit applications for public or private development or construction within the Water Corridor and provide for review and comment and engineering evaluation as set forth in Sections 1.B.3 and 1.B.4 above. Lake Stevens will notify applicants that a Transmission Line Right-of-Way Use Permit will be required by Everett. The city of Lake Stevens will not issue permits for development and construction until the applicable