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/-7! <br /> CITY OF EVERETT <br /> PLANNING COMMISSION <br /> RESOLUTION NO. <br /> A Resolution Recommending that the City Council Approve Amendments to the Shoreline <br /> Master Program (SMP) and Comprehensive Plan to Implement a Settlement Agreement on the <br /> Appeal of the SMP, and that the SMP and Amendments be Adopted to Meet Growth <br /> Management Act Requirements for Critical Areas in Shoreline Jurisdiction <br /> WHEREAS, the City of Everett adopted a Comprehensive Plan in August, 1994 in conformance <br /> with the Washington State Growth Management Act; and <br /> WHEREAS, the Growth Management Act, codified as Chapter 36.70A, allows for the shoreline <br /> master programs and associated comprehensive plan amendments to be amended outside the <br /> yearly update process; and <br /> WHEREAS, in April 2002, City Council approved an updated Shoreline Master Program (SMP) <br /> in Ordinance No. 2600-02, and after approval by the Washington Department of Ecology the <br /> SMP became effective on May 3, 2002; and <br /> WHEREAS, the SMP was appealed to the Central Puget Sound Growth Hearings Board and the <br /> Board's Decision was appealed to the Court of Appeals; and <br /> WHEREAS, in December 2004, the City signed a settlement agreement with Washington <br /> Environmental Council, Everett Shoreline Coalition, the Department of Ecology, and the Port of <br /> Everett and the agreement requires amendments to the SMP; and <br /> WHEREAS, the proposed amendments were reviewed under the State Environmental Policy Act <br /> and a Determination of Nonsignificance was issued for the amendments; and <br /> WHEREAS,Planning staff held an open house for property owners and met with effected <br /> property owners and the Planning Commission conducted a public hearing to review the <br /> amendments and to take additional public testimony; and <br /> WHEREAS, the goals and policies of the SMP are incorporated into the Comprehensive Plan <br /> and the SMP regulations are incorporated into the City's Zoning Code; and <br /> WHEREAS, RCW 36.70A.172 requires that jurisdictions include best available science in <br /> developing policies and development regulations to protect the functions and values of critical <br /> areas and to give special consideration to conservation or protection measures necessary to <br /> preserve or enhance anadromous fisheries; and <br />