2010/11/03 Council Agenda Packet

ORDINANCE NO. AN ORDINANCE Amending the Shoreline Master Program Relating to the Marshland Subarea Plan, amending Ordinance No. 3129-09 WHEREAS, on.June 17,2009 City Council approved Ordiriance o. 3i-2-9=09�w u—ch amend-et- the mendthe Shoreline Master Program for the City of Everett relating to the Marshland Subarea Plan;and WHEREAS, Shoreline Master Programs and amendments must also be reviewed and approved by the Washington State Department of Ecology(Ecology); WHEREAS,Ecology completed their review process and by letter dated September 1, 2010, stated that the City's proposed amendments are consistent with the policy of the Shoreline Management Act,the applicable guidelines and implementing rules subject to required changes identified in Attachment B of their letter; and WHEREAS,the City has determined that it agrees to the proposed changes as provided for by WAC 173-26-120(7)(b)(i); and WHEREAS,.thewnendments incorporated the Critical Area Regulations adopted in Ordinance No. 2909-06 (EMC 19.37) into the Shoreline Master Program to apply in the Marshland Subarea; and WHEREAS,Ecology determined that inclusion of the reasonable use provisions of the critical area regulations adopted in Ordinance No. 2909-06 Section 5B (EMC 19.37.050.B) in the SMP amendment conflicts with the shoreline variance permitting process specified in RCW 90.58.140(10)(Development Permits); and WHEREAS,the Washington State Legislature amended RCW 90.58 (RCW 90.58.580)to address hardships that may occur when a shoreline restoration project shifts shoreline management act regulations into areas that had not previously been regulated under the act or shifts the location of required shoreline buffers, and the amendments became effective subsequent to adoption of Ordinance 3129-09 by Everett City Council; and WHEREAS,Ecology determined that amendments to Ordinance 3129-09 would make the Shoreline Master Program consistent with the Legislature's amendment; and 92 1