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1 6. The Washtington StateAttor y General last issued an advisory memorandum,as <br /> 2 roquired by RCW 36.70A-370,in Ueeember of 2015 entitled"Advisory <br /> 3 Memt randum:Avoiding Unconstitutional Takings of Private Property'to help local <br /> 4 governments avoid the cincaiistitutiarial taking of private property.The prooass <br /> 5 outlined in the State Attorney General's 2015 advisory rnemorandum was used by <br /> B Snohomish County In objectively evaluating the regulatory changes proposed by <br /> 7 this ordinance. <br /> 8 <br /> 9 I. This ordinance Is consistent with the record as set forth In PDS staff reports relating to tide <br /> 10 proposal dated August 10,2018,and Sepfernber 7,2018. <br /> 11 <br /> 12 Section 2.The County Council makes the following conclusions: <br /> 13 <br /> 14 A. The 2019-2024 CIP Is consistent with and complies with the procedural and substantive <br /> 15 re uirarnenta of the GMA. <br /> 16 <br /> 17 B,, The2019-202d CIF'is consistent with and implements the MPPs,CPPs,and GPP. <br /> 18 <br /> 19 C. All SEPA requirements with respect to this noon-project action have been satisfied. <br /> 20 <br /> 21 C. This proposal does not result In an unconstitutional taking of private property for a public <br /> 22 purpose and does not violate substantive due process guarantees, <br /> 23 <br /> 24 Section 3.The County Council bases its findings and conclusions on the entire record of the <br /> 25 Planning Commission and the County Council,including all testimony and exhibits:Any finding <br /> 28 which should be deemed a conclusion,and any conclusion which should be deemed a finding,is <br /> 27 hereby adopted as such. <br /> 2E <br /> 29. Section 4,The 2019-2024 CiP,attached hereto as Exhibit A end incorporated by reference to this <br /> 3a ordinance,Is hereby adopted as the six-year capital Improvement program required by the GMA, <br /> 31 County Charter,MPPs,CPPs,SCC,and GPP based on the foregoing findings of fact aid <br /> 32 conclusions, <br /> 33 <br /> 34 Sewn 5.The 201g-2024 CIP adopted by this ordinance supersedes all other County capital <br /> 35 improvement programs.The 2019-2924 CIP shall control in the event of any Inconsistency <br /> 3s between the 2019-2024 CIP and any other capital improvement program adopted by the County. <br /> 37 _ <br /> as Section S.Severability and Sevin$.If any section,sentence,clause or phrase of this ordinance <br /> 39 shall be held to be Invalid r}r unconstitutional by the Growth Management Hearings Board('Board`} <br /> 40 or a c urt of Cenicietentjunsdiclion,such Invalidity or unconstitutionality-shell not affect the validity <br /> 41 or constitutionality of any etfier-se0On,sentence,clause or phrase of this ordinance.Provided, <br /> 42 however,that if any section,sentence,clause or phrase of this ordinance is held to be invalid by <br /> 43 the Board or court of com etarit ju'risdiciion,then the section,sentences;clause or phrase in effect <br /> 44 prior to the effective data of this&dlnance shall be in full force arid effect for that Individual sec ten, <br /> 45 sentanCe,d*use or phrase as If this ordinance had never been adapted, <br /> 46 <br /> AMENDED Mi ANca t+Jo,18-O52 <br /> RELATING TO THE GROWTH MANAGEMENT ACT, <br /> AROPT NG THE 2019-2024 CAPITAL.€IMPROVEMENT <br /> PROGRAM AS PART OF THE SNOHOMtSH COUNTY <br /> CAPrl'At.i:Acn.r nES PLAN-8 <br />