Ordinance 2859-05 - Laserfiche WebLink

areas and to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries; and WHEREAS,the legislature amended the Growth Management Act by adding RCW 36.70A.480 to clarify that the Shoreline Management Act provides the exclusive land use controls over critical areas within shoreline areas; and WHEREAS, stage agencies have indicated that they would not take a position as to whether the provisions of RCW 36.70A.480 apply to the City's current update of its comprehensive plan and development regulations, including its amendments to the SMP; and WHEREAS, the City Council desires its adoption of the SMP amendments to satisfy requirements of the GMA, to the extent that any such requirements still apply; and WHEREAS, the environmentally sensitive area goals and policies in the 1994 Comprehensive Plan were incorporated by reference in the Shoreline Master Program, and the July 2005 10-Year Update to the Comprehensive Plan contains updated goals and policies for critical areas that are consistent with best available science requirements of the GMA; and WHEREAS, after reviewing the proposed Comprehensive Plan amendments, the Draft and Final Supplemental Environmental Impact Statements, and public testimony, the Planning Commission recommended that the updated Land Use critical area policies be incorporated into the Shoreline Master Program; and WHEREAS, Planning staff held an open house for property owners and met separately with property owners affected by the proposed Shoreline Master Program amendments addressed in the settlement agreement, and the Planning Commission conducted a public hearing to review the amendments and to take additional public testimony, and recommended that the City Council approve the proposed Shoreline Master Program and Comprehensive Plan amendments; and WHEREAS, the City Council conducted a public hearing to review the recommendations of the Planning Commission and to take additional public testimony; and WHEREAS, notice was provided consistent with the requirements of RCW 36.70A.106, RCW 36.70A.140, WAC 173-26-100, RCW 90.58.130, and WAC 173-26-201; and WHEREAS,the City Council finds that the critical area goals and policies in the 2005 Comprehensive Plan Land Use Element incorporate best available science for Everett's critical areas, as documented in the science and recommendations in reports, including, but not limited to, Geologically Hazardous Areas Regulation Review (Landau Associates), Buffers for Streams in Shoreline Jurisdiction (Pentec), Buffers for Non-shoreline Streams (Watershed Company), Revisions to Stream Rating System (Watershed Company), Wetlands in Washington State Volume 1: A Synthesis of the Science and Volume 2: Guidance for Protecting and Managing Wetlands (Washington State Department of Ecology); Critical Areas Assistance Handbook and Citations of Best Available Science (Washington State Department of Community, Trade and 2