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Norton Industries <br />SMA 6-87 <br />Page -5- <br />2. A Shoreline Substantial Development Permit is required <br />pursuant to RCW 90.58.140(2). A Shoreline Substantial <br />Development Permit is required because: <br />A. The project's proximity to Port Gardner Bay and <br />Puget Sound; <br />B. The development is to occur on a shoreline as <br />d<'ined RCW 90.58.030; and, <br />C. The development is a substantial development as <br />defined in RCW 90.58.030. <br />3. The proposed development is a substantial development as <br />defined in the Shoreline Management Act of 1971. Puget <br />Sound and Port Gardner Bay are shorelines recognized <br />under the terms of the Shoreline Management Act of <br />1971. Accordingly, the Applicant must obtain a <br />Shoreline Substantial Development Permit for <br />construction of the proposed building. <br />4. Ordinance #1122-85, Section 7, establishes the criteria <br />for the issuance of a Shoreline Substantial Development <br />Permit. The permit may be granted only when the <br />development proposed is consistent with: <br />A. The policies and procedures of the Shoreline Act <br />of 1971; <br />B. Department of Ecology Shoreline Management <br />Guidelines of 1972; <br />C. The Everett Shoreline Master Program <br />D. The State Environmental Policy Act. <br />With the conditions of approval as set forth in th-s <br />document, the proposed development satisfies these <br />criteria. <br />5. The City of Everett's Ordinance 11122-85, Section 10(2) <br />grants the Everett Hearing Examiner the jurisdictional <br />authority to hold a hearing and to make a decision on <br />the Shoreline Substantial Development Permit request. <br />Ordinance 1122-85, Section 12(C), grants the Everett <br />Hearing Examiner the authority to attach conditions, <br />modifications and/or restrictions on the location, <br />character, or other features of the proposed development <br />that are necessary to make the permit and development <br />compatible with the criteria as set forth in Section 7 <br />of Ordinance t1122-85. <br />