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Element, and the Conservation Element are all considered. These elemenis <br />have been reviewed by the City of Everett. The proposal satisfies these <br />elemenls. (exhibit 2) <br />37. The Shoreline Use Element requires that all exterior lighting, including lighting of <br />signs, be directed downward onto ihe site. However, Federal law requires ihat <br />U.S. flags flown at night must be lighted. As a result, lhe City determined that the <br />lighting that is to occur when lhe flag is flying must be consistent with the <br />standards as set forth in exhibit 10. Any olher lighting must be consistent with <br />Shoreline Regulations, including all exterior lighting must be directed downward <br />onto lhe site and away from shoreline properties and neighborhoods. (exhibits 2 <br />& 10) <br />38. All Shoreline Permits require developers to stop work and notify jurisdictions if <br />possible archaeological discoveries of interest are uncovered. The Applicant <br />would be required to contact the City of Everetl and lhe Tulalip Tribes if this <br />occurs. (Ervine testimony, exhibit 2) <br />39. The subject property is v�ithin ihe Flood Fringe and Floodway Overlay Zone. It <br />must comply with lhe provisions of EMC 19.30 et seq. These requirements <br />include that tfie firsi iloor of all slructures and equipment that may su(fer damage <br />be iwo feet sbove the 100-year flood elevation. The Applicant shouid be aware <br />of all such regulalions and adhere to them for the conslruction of the equ�pment <br />facilily. (exliibit 2) <br />40. The Public Access Element requires access to the shoreline, if reasonable. For <br />the instant appiicalion, the public access improvements would be satisfied with a <br />participatory payment for construction costs of the required improvements in lieu <br />of developing improvements on-site. The Ciiy of Everett Shoreline Public Access <br />Plan (adopted in 2003) proposed a bike lane and sidewaik or a separated <br />pedesirian trail be provided along Ross Avenue. The public access requirements <br />of the Applicant are salisfied by a contribulion of at least a minimum of lwo <br />percent of the value of the construction project paid to the City of Everell. <br />(exhibit 2, Ervine testimony) The Applicant did not object to this determination or <br />to lhe payment of the fee in lieu of public access. <br />41. The Applicant provided a Biological Assessment of the site and determined that <br />the proposed project would not adversely affect any federally listed species or <br />their habitat within lhe City. This assessment was reviewed wiih the City's <br />Environmentally Sensitive Area Ordinance and the Planning Director's <br />Interpretation, Interim Procedures, Endangered Species Act Listing for Chinook <br />Salmon and Bull Trout. (exhrbits 2& 10) <br />