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".. ' . � <br />Burlington Northern Railroad <br />SMA 10-92 - Page -3- <br />C. The proposed use of the site and design of the project will be <br />compatible with other permitted uses in the area. <br />D. The proposed use will cause no significant adverse effects to the <br />shoreline environment in which it is located. <br />6. In addition to the Shoreline Management Conditional Use Permit criteria of EMC <br />20.12.170, the Shoreline Master Program Use Regulations and the General <br />Regutations must be satisfied. These regulations are set forth on page two of the <br />Planning Department Staff Report. <br />7. The Applicant must submit an Erosion Control Plan that must be reviewed and <br />approved by the City Public Works Department prior to construction. In said plan, <br />all elements that will present adverse impacts to water quality will be defined. The <br />Applicant has indicated that such a report has been prepared and submitted. <br />8. Design and placement of the proposed structures on the right-of-way will not be <br />detrimental to shoreline views and vistas. The site is located at the base of a steep <br />slope and is obscured and screened by existing vegetation. Structures to be placed <br />are innocuous and are standard railroad structures. No views will be impacted. <br />9. The Applicant has not proposed any dumping or disposing of non-putrescible solid <br />waste material. <br />10. There is a public access to the shoreline via a pedestrian overpass that is located <br />near the subject property. This pedestrian overpass provides adequate access to <br />the shoreline. Any additional public access on this property would not be <br />appropriate and, in fact, would be detrimental because of the safety considerations. <br />11. A construction time li;rit pursuant to the City Sh�rel�nz Master Prog�-am is inclu�ed <br />as a condition of this permit. The time frame that is required pursuant to the permit <br />is that construction or substantial progress must be undertaken within two years of <br />final approval, and the project must be completed within five years. <br />12. The proposal satisfies all Shoreline Master General Regulations. <br />13. In addition to the General Regulations of the Shoreline Master Program, the Everett <br />Master Program has specific use regulations relating to road and railroad design <br />and construction and utilities. These specific use regulations are set forth on page <br />three of the Staff Report admitted as exhibit 1. <br />14. The Applicant has proposed a cross-over railroad track for switching purposes. It is <br />not a major passage way, and will follow the alignment of long, established tracks <br />which are parallel to the shareline. <br />��� <br />�� <br />