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S • <br /> 4. All shoreline developments shall be located, constructed and operated so as not to be a <br /> hazard to public health and safety. <br /> Comment: No new lighting is proposed. The changes will not create any new operational noise <br /> sources and will continue to be subject to complying with Chapter 20.08 EMC. <br /> 5. Shoreline sites shall have a landscaping plan which is in scale and harmony with proposed <br /> structures and serves to provide some screening and buffering of the activities where this is <br /> appropriate. <br /> Comment: Landscape screening and buffering is not feasible at this location. <br /> 3.5 Cultural Resources <br /> 1. All shoreline permits shall contain provisions which require developers to immediately stop <br /> work and notify the City and the Tulalip Tribes if anything of possible archaeological interest is <br /> uncovered during excavations or development and consult a professional archaeologist to inspect <br /> and evaluate the site. Failure to comply with this requirement shall be considered a violation of <br /> the Shoreline Permit. <br /> Comment: Although there will be no dredging or excavation work, a condition is attached to this <br /> decision consistent with this regulation. <br /> 3.7 Public Access <br /> 1. Public access shall be required to the extent allowed by law in the review of all shoreline <br /> substantial development and conditional use permits (including land division), except for <br /> projects which meet the following criteria[omitted]: <br /> 2. Public access shall be provided on-site, except for projects which meet the following criteria <br /> as determined by the Planning Director or Hearing Examiner: <br /> a. The project is in the Deep Water Port Environment. <br /> 3. Projects which meet the criteria in Regulation 2 above, must either construct off-site <br /> improvements or, if approved by the Planning Director, contribute to a public access fund <br /> established by the City to construct off-site public access improvements of comparable value. <br /> Comment: The project is located in the Deep Water Port environment and therefore must meet <br /> the public access requirements either by constructing off-site improvements or contributing to a <br /> public access fund. <br /> 3.9 Conservation Element <br /> 1. All development activities shall comply with the City's Environmentally Sensitive Area <br /> Ordinance, EMC 19.37,in effect on March 21,2001, and Planning Director Interpretation No.2- <br /> 2000, Interim Procedures, Endangered Species Act Listing for Chinook Salmon and Bull Trout, <br /> unless more stringent requirements are adopted by City Council subsequent to that date. <br /> 2�s <br />