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17. The Applicant will be required to comply with all applicable City noise <br /> requirements during and after construction. The City identified that certain noise <br /> will be created that may exceed the noise ordinance standards at the time of the <br /> pile driving. (exhibit 1, staff report, page 2; exhibit 4, critical areas report) <br /> 18. While the Applicant would be required to comply with applicable noise <br /> regulations during and after construction, some noise will be exempt. Everett <br /> Municipal Code (EMC) 20.08.100(B)(3) exempts noise emanating from <br /> temporary construction sites except between the hours of 10:00 pm and 7:00 am. <br /> EMC 20.08.100(B)(4) exempts noise emanating from marine-oriented <br /> construction sites, except between the hours of 10:00 pm and 7:00 am on <br /> weekdays and weekends, if the receiving property is located in District I of the <br /> City. (exhibit 17, memo received May 30, 2014, pages 1 and 2) <br /> 19. The proposed shoreline development will be located, constructed and operated <br /> in a manner that will not be a hazard to the public health and safety. The site is <br /> significantly removed from the residential areas of the City of Everett, and <br /> regulations of local, state and federal agencies will apply. (exhibit 1, staff report, <br /> page 2; testimony of Mr. Ingalsbe; exhibit 7, application) <br /> 20. The City initially determined that Landscape Category "C" would apply to the <br /> instant project for landscaping along Ross Avenue and the side lot lines. In <br /> addition, plantings would be planted between the new building and the shoreline. <br /> This plan would be in scale and harmony of structures and serve to provide some <br /> screening and buffering of the activities. (exhibit 1, staff report, page 2; <br /> testimony of Mr. Ingalsbe; exhibit 3, site plan/mitigation plan) <br /> 21. The Applicant submitted a landscape plan, admitted as exhibit 16, and the City <br /> agreed to its provisions. As part of the plan, the City agreed to a reduction of a <br /> five-foot wide landscape. The City also submitted that it agreed to a five-foot <br /> wide landscape strip to be located along the west lot line, rather than the twenty <br /> feet of width required by the Zoning Code. According to the City, there is a City <br /> waterline at this location, and the City discourages trees near the waterline. <br /> (exhibit 17, memo received May 30, 2014, page 1) <br /> 22. In addition to the landscape plan and the landscape strip along the west lot line, <br /> the City agreed to allow the Applicant to place up to five feet of the required 15- <br /> foot wide landscape along Ross Avenue in the City right-of-way. This is not a <br /> unique approval because it would match what was previously permitted for the <br /> Applicant's existing development under a previous permit. The City has no plans <br /> to install sidewalks along Ross Avenue, and there is adequate right-of-way width <br /> for a future trail. The Applicant agrees that if there is to be outdoor storage at <br /> this location, that the outdoor storage area would be screened with a permanent <br /> sight-obscuring fence, and the fence would be located between the required <br /> landscaping and the storage area. (exhibit 17, memo received May 30, 2014, <br /> page 1) <br /> 6 <br />