2102 ROSS AVE 2018-01-02 MF Import

proposed project subject to the conditions that have been adopted as part of this Shoreline Permit. (see conditions 35-54) (exhibit 1, staff report; Jimerson testimony) 33. The reduced buffer is the only alteration of the code standards that has been requested by the Applicant. It is the minimum necessary to allow for the reasonable use of the subject property. (exhibit 1, staff report) 34. The natural configuration of the site and the industrial uses of other properties in the area have limited the Applicant's flexibility in the design and use of the subject property. None of these factors was the result of any action taken by the Applicant. The configuration was not the result of an inappropriate subdivision or boundary line adjustment. (exhibit 1, stafreport) 35. In the past, the property has been the site of fills and storage activities. The footprint has been subject to a significant amount of disturbances. None of this was caused by the Applicant. (Jimerson testimony, exhibit 1, staff report) 36. The most sensitive environmentally valuable parts of the subject property are those areas that are below the OHWM. None of these areas would be used by the Applicant in its operation and would be left in tact. Mitigation is proposed for the disturbed areas on -site. (exhibit 1, staff report) CONCLUSIONS OF LAW Jurisdiction Jurisdiction: The Hearing Examiner of the City of Everett has jurisdictional authority to hold a hearing and to issue the decisicn. That authority is set forth in EMC 15.16.100. Based on the above Findings of Fact, the Hearing Examiner enters the following Conclusions: Criteria and Standards for Review Shoreline Permit - The proposed project is subject to the requirements of the Washington Shoreline Act (RCW 90.58) and ordinances of the City of Everett, including the Everett Shoreline Management Program. The goals. policies, and regulations applicable to the development on the shoreline are set forth in these documents. The relevant goals, policies, and regulations have been addressed in the City of Everett's staff report (exhibit 1). The City has correctly identified the sections that are jurisdictional to the request. These include: General Regulations (section 3); Cultural Resources (section 3.5); Flood Hazard Reduction (section 3.6); Public Access Regulations (section 3.7); Conservation Element (section 3.9); Use Regulations (section 5); Industry (section 5.7); and Parking (Section 5.12). The requirements for each of these regulations are set forth in the Everett Shoreline Master Program. These are the review criteria for the Shoreline Permit. 9