Ordinance 2859-05 - Laserfiche WebLink

Economic Development), and the Draft Snohomish River Basin Salmon Conservation Plan (Snohomish Basin Salmon Recovery Forum); and WHEREAS, the City Council finds that the Shoreline Master Program with the proposed amendments incorporates scientific information for Everett's critical areas in shoreline jurisdiction, as required by the SMA and documented in studies and reports including, but not limited to, the Snohomish Estuary Wetland Integration Plan (SEWIP), the Salmon Overlay to SEWIP, and Buffers for Streams in Shoreline Jurisdiction (Pentec); and WHEREAS, the City Council finds that the Shoreline Master Program with the amendments identified herein complies with the GMA requirements, to the extent that such requirements apply, for incorporating Best Available Science (RCW 36.70A.172) into policies and regulations for protecting the functions and values of critical areas, and that the Shoreline Master Program with the amendments gives special consideration to conservation and protection measures necessary to preserve or enhance anadromous fisheries; and WHEREAS,the City Council finds that the proposed amendments are consistent with the Shoreline Management Act (RCW 90.58) and SMP Guidelines (Chapter 173-26 WAC); and WHEREAS, the City Council finds that the proposed amendments to the Shoreline Master Program and Comprehensive Plan including the addition of the Shoreline Restoration Element; amendments to the management policies for the Marshland agricultural area; the updating of goals and policies for critical areas; and the modifications to the table identifying consistent comprehensive plan, zoning and SMP designations are consistent with the criteria for amendments to the Comprehensive Plan policies, as follows: 1. Circumstances related to the subject policies have changed sufficiently since the adoption of the plan to justify changes to the policies. Following adoption of the SMP by City Council and the Department of Ecology in 2002, the following circumstances changed: • The SMP was appealed to the Central Puget Sound Growth Hearings Board and the Board's decision was subsequently appealed to the Court of Appeals. • New Shoreline Master Program Guidelines became effective in January 2004 (Chapter 173-26 WAC). • The Washington State Legislature passed ESHB 1933, relating to the integration of shoreline management policies with the growth management act, which took effect in July 2003. • The City engaged in discussions with WEC and ESC and reached a settlement agreement on the SMP appeal which requires amendments to the SMP. 2. New information is available which was not considered at the time the SMP and Comprehensive Plan were adopted, that justifies a change to the Comprehensive Plan. The new information considered in the proposed amendments includes the Central Puget Sound Growth Hearings Board Decision, ESHB 1933, the 2004 Shoreline Master Program Guidelines, the Snohomish River Basin Salmon Recovery Plan, and the updated goals and policies for critical areas in the Comprehensive Plan. 3