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Exhibit 3 to Ordinance No. <br /> 7 <br /> 7.2.4 Regulations for nonconforming uses. <br /> 7.2.5 Standards of Chapter 37 of the zoning code (Critical Areas). <br /> 7.2.6 Shoreline regulations, where applicable. <br /> 7.2.7 Standards adopted as part of"H"historic or"D" design overlay <br /> zones. <br /> 7.3 Evaluation Criteria for Modification. Any proposal to modify development <br /> standards or design guidelines shall not undermine the intent of the Development Standards of <br /> this Agreement. The Planning Director shall not approve a request for modification unless the <br /> proposal provides architectural and urban design elements equivalent or superior to what would <br /> likely result from compliance with the Development Standards and Design Guidelines which are <br /> proposed to be modified. The Planning Director shall consider the following criteria in <br /> evaluating proposals using this process: <br /> 7.3.1 The unique characteristics of the subject property and/or its <br /> surroundings and how they will be protected or enhanced by modifying the Development <br /> Standards. <br /> 7.3.2 The positive characteristics of the proposed development and whether <br /> such characteristics could be provided by compliance with the Development Standards <br /> proposed to be modified. <br /> 7.3.3 The arrangement of buildings and open spaces as they relate to other <br /> buildings and/or uses on the subject property and on surrounding properties. <br /> 7.3.4 Visual impact to surrounding properties caused by parking facilities <br /> in the proposed development and whether such impacts are less than would result from <br /> compliance with the Development Standards proposed to be modified. <br /> 7.3.5 Whether the proposed design mitigates the impacts that could be <br /> caused by modification of the Development Standards? <br /> 7.4 Appeal of Planning Director's Decision. An appeal of the Planning Director's <br /> decision using this process shall be reviewed by the hearing examiner in accordance with EMC <br /> Title 15, Local Project Review Procedures. Substantial weight shall be given to the decision of <br /> the Planning Director in considering any appeal. <br /> 8. Environmental Review and Mitigation; General Development Conditions; Phasing. <br /> 8.1 SEPA Environmental Review and Mitigation. <br /> 8.1.1 The City issued a Final EIS dated June 11, 2008 and an EIS <br /> Addendum dated November 24, 2008 regarding the Project and other proposed actions on <br /> adjacent properties pursuant to the requirements of the.State Environmental Policy Act <br /> ("SEPA"), Chapter 43.21C RCW. It is the intent of the parties that this EIS will satisfy the <br /> 7 2 -6- <br />