3210 36TH PL NE 2018-01-02 MF Import

GENERAL CONCLUSIQNS 1. The Applicant requested approval of a Shoreline Permit and a Special Property Use Permit to allow construction of a ready-mix concrete batch plant with associated storage and retail facilities on 15 acres of an 18-acre parcel that is located at the so�theast portien of Smith Island at 3640 — 34th Avenue NE, Everett, Washington. (finding 1) 2. The Hearing Examiner has jurisdiction to hear and decide the Shoreline Permit, the Special Property Use Permit and the SEPA appeal. This authority is set forth in EMC Title 2.23, EMC Title 15, and EMC Title 19.41. SEPA APPEAL CONCLIISIONS 3. SEPA (RCW Chapter 43.21.C) specifies the environmental review procedures that the City must foll�w for proposals that may have an impact on the environment. One of the purposes of the act is to "ensure that presently unquantified environmental amenities and values will be given appropriate consideration in decision making along with economic and technical considerations." Thus, every proposal that may impact the environment is „�, subject to environmental review. (RCW 43.21.C.030(8)) ,_,.pi '.w';�=a :::� � s. The SEPA threshold determination is a determination as to whether a proposal is "�""^-�y "likely to have a probable adverse environmental impacY'. (WAC 197-11-330) If � �'""" the responsible official of the lead agency determines that a proposal would not o. r�� have a probable, significant adverse environmental impact, then a Determination ra;°��r u;�.' of Non-Significance (DNS) is issued. If the responsible official determines that a ,� ' proposal would have a prubable, significant adverse environmental impact, then �` : : a Determination of Significance (DS) is issued and an Environmental Impact i,' Statement (EIS) must be prepared. As an altemative, a Mitigated Determination of Non-Significance (MDNS) may be issued to mitigate identified probabie, significant adverse environmental impacts so that an EIS does not have to be - prepared. (WAC 197-11-350;Anderson vs. Pierce Countv, 86 Wn.App. 290) � 5. "SignificanY', as used in SEPA, means "a re3sonable likelihood of more than a �! moderate adverse impact on the environmenY'. Significance involves context and intensity and does not lend itself to a formula or a quantifiable test. (WAC 197-11-794) If several marginal impacts, when considered together create a significant adverse impact, further environmental review may be required. (WAC 197-11-330(3)(C)] 6. "Probable", as used in SEPA, means "reasonably likely to occur". Probable is used to distinguish likely impacts from those that merely have a possibility of occ�rring, but are remote or speculative. (WAC 197-11-782) 15