8015 Broadway Everett LLC 12/29/2025 Amendment 1

The unpermitted grading and clearing activities, including application of gravel to create new parking areas,on the property and right-of-way easement are violations of Everett Municipal Code(EMC) 13.16.020 A&B,and EMC 19.26.080,which read: • EMC 13.16.020 Improvement permit required. A. No person,firm or corporation shall remove, alter or construct any curb,sidewalk, driveway approach, gutter,pavement or other improvement in any public street,alley or other property owned by or dedicated to or used by the city and over which it has jurisdiction to regulate the matters covered hereby, without first obtaining a permit from the city engineer, and no permit shall be granted until the applicant shall file with the city engineer for his approval a copy of a drawing showing the location and size of all such proposed improvements to serve the property affected. B. It shall be a violation of this title to drive over an improvement located within the public right-of- way,such as a curb,sidewalk or landscape area, without first obtaining a permit for a driveway approach from the city engineer and constructing the improvement(s)authorized by the permit. • EMC 19.26.080 Clearing and grading. A. Before any site modification where existing natural features would be disturbed or removed, a grading plan meeting city standards and the provisions of Chapters 19.24 through 19.27 EMC and this title must be submitted and approved by the city engineer showing the extent of the proposed modification. B. Debris and waste materials of any kind shall not be buried in any land or deposited in any critical area. C. All erosion control plans must be in compliance with city standards and the city's drainage ordinance. D. In critical drainage areas or on sites that are classified as critical areas, the city may prohibit clearing of lots until building permits have been issued. E. All clearing and grading shall be based on sound engineering techniques and meet the following minimum standards: 1. The project design and grading shall follow good engineering practices. Consideration shall be given to protection of slope stability,prevention of erosion,structural suitability for future building sites, driveways, and public streets; 2. Building sites, driveways, and public streets shall not be located on fill unless approved by the city based on information provided to the city by the applicant in a geotechnical report prepared by a Washington State licensed geotechnical engineer; 3. Grading shall be done in such a manner as to minimize the need for rockeries and retaining walls along lot lines,streets and the exterior boundaries of the project; 4. Clearing and grading limits shall be established so as to not impact critical areas, the required buffers, and adjacent properties; 5. Each lot shall have a suitable building site and driveway access.All grading should gradually transition to the approved grading limit and the project's exterior boundaries;and 6. Excavation of foundation material, utility trenches,and required public improvements shall not be distributed within the project boundaries and must be disposed of at a preapproved site, unless otherwise approved by the city engineer and shown on an approved grading plan. F. On projects that have critical area features and in critical drainage areas, clearing and grading and other significant earth work may be limited to a specific time period as determined by the city. Notice and Order Page 2 of 5