Ordinance 3202-10 - Laserfiche WebLink

• The provisions relating to the enforcement of City permits and codes in EMC 2.23 — Enforcement Procedures. This section of Section 33D of the Zoning Code provides the criteria for processing shoreline substantial development, conditional use and variance permits. The procedures for permit processing, including SEPA and public review, are in EMC Title 15 —Project Permit Processing. Although revisions to EMC Title 15 are generally not required to be processed as SMP amendments, any revision to the designation of the type of review process required for shoreline permits in EMC Title 15 shall be processed as shoreline master program amendments. SECTION 2: Section 13 of Ordinance 3129-09 (Section 3.9 Regulation 25 of the Shoreline Master Program, Exhibit A to Ordinance No. 2600-02, as amended, and codified in EMC 19.33D.090.A.5), which currently reads as follows: Except as provided herein, all new development in the Marshland Subarea shall comply with the requirements of EMC 19.37 Critical Areas: • The wetland compensation requirements of SMP Section 3.9 Regulation 35 shall apply in the Marshland area, rather than the compensation requirements in EMC 19.37.120C. • The Marshland Subarea Plan recommends significant tidal restoration within the subarea that would result in moving the ordinary high water mark further inland. The Subarea Plan also proposes significant nontidal wetland and riparian restoration that will result in new wetland areas, higher habitat scores for existing wetlands, and fish access to streams and drainages where it may currently not exist. Additional buffers shall not be required on land abutting the restoration beyond that required prior to the restoration action. This shall not apply to shoreline restoration projects created as mitigation to obtain a development permit. IS HEREBY AMENDED TO READ AS FOLLOWS: Except as provided herein, all new development in the Marshland Subarea shall comply with the requirements of EMC 19.37 Critical Areas: • The wetland compensation requirements of SMP Section 3.9 Regulation 35 shall apply in the Marshland area, rather than the compensation requirements in EMC 19.37.120C. • EMC 19.37.050.B (Reasonable Use Exception) is not applicable. • Except as provided in the following bullet, a Shoreline Variance is required to modify the standards in EMC 19.37. • The Marshland Subarea Plan recommends significant tidal restoration within the subarea that would result in moving the ordinary high water mark further inland. The Subarea Plan also proposes significant nontidal wetland and riparian restoration that will result in new wetland areas, higher habitat scores for existing wetlands, and fish access to streams and drainages where it may currently not exist. Pursuant to the process identified in RCW 90.58.580, the City may grant relief from Shoreline Master Program regulations if the proposed relief is the minimum necessary to relieve the hardship; the restoration project will result in a net environmental benefit; and the granting of the proposed relief is consistent with the 7