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6. The Public Access Element has adequately been addressed. In lieu of providing <br /> direct public shoreline access and a pathway along Ross Avenue, the Applicant <br /> will pay 2% of the construction costs of the proposed development for future <br /> public access development within the City. The City's regulation is reasonable <br /> and addresses Public Access Element requirements. (finding 25) <br /> 7. The building heights within the proposed development would be less than the <br /> maximum as allowed pursuant to the SMP. (finding 26) <br /> 8. The required Conservancy Element review has been done and included a Critical <br /> Areas Report which lists critical areas impacted. Mitigation will be based on <br /> biological evaluation that addresses endangered species and habitat. The <br /> Conservancy Element requirements have been satisfied. (finding 27) <br /> 9. The site has been mapped by the City of Everett as a liquefaction hazard area. <br /> Impacts from this classification will be addressed during building permit <br /> application. Water quality has been addressed, and impacts will be mitigated <br /> with use of best available science. The Applicant will comply with stormwater <br /> regulations consistent with State Stormwater Regulations. (findings 28 and 29) <br /> 10. Regulations relating to mitigation of all impacts, including water quality monitoring <br /> during construction; prohibition of any ecological impacts to water quality, <br /> quantity, or flows; land clearing, grading, filling and alteration of natural drainage <br /> features be limited to the minimum necessary for the permitted development; <br /> correct mitigation sequence; planting within environmentally sensitive areas and <br /> required buffers be native species or native hybrids; and buffers be maintained to <br /> eliminate non-native species have been imposed. <br /> 11. The required buffers of this project have been addressed. The buffers may be <br /> reduced consistent with conditions listed. The Reasonable Use Exception, as <br /> requested, is allowed. The criteria for the Reasonable Use Exception have been <br /> satisfied by this application. (findings 38 through 41) <br /> 12. The SMP designations of Urban Mixed Industrial and Aquatic Conservancy limit <br /> the size of the buffer. The relevant elements include industry, parking, signs, <br /> outdoor advertising, transportation facilities and piers, docks and floats. The <br /> Applicant has proven that the proposed use will not interfere with the normal <br /> public use of public shorelines; will have no significant adverse effect on the <br /> shoreline environment; would be compatible with other authorized uses in the <br /> area or those uses planned for the area; and the public interest will suffer no <br /> substantial detrimental effect. The Conditional Use Permit is allowed. <br /> (finding 43) <br /> 12 <br />