Ordinance 3457-15 - Laserfiche WebLink

WHEREAS, the City completed a review of Best Available Science for the update to critical area policies and regulations including the information identified in Exhibit A to this Resolution; and WHEREAS, little new science was found that is contradictory to current Critical Area Regulations, with the primary need for amendments related to new WA Department of Ecology guidance for wetlands and frequently flooded areas, including use of the Corps of Engineers Wetland Delineation Manual and a new State wetland rating system, a new method of calculating debits and credits for wetland mitigation, new in -lieu fee mitigation programs, and implementation of a National Marine Fisheries Service Biological Opinion on the effect of the National Flood Insurance Program on species listed under the Endangered Species Act and their critical habitats in Puget Sound; and WHEREAS, the City issued a Draft Environmental Impact Statement (DEIS) under State Environmental Policy Act requirements that evaluated the impacts of the proposals on July 20, 2015 and a Final Environmental Impact Statement (FEIS) responding to the comments received on September 4, 2015; and WHEREAS, because the proposal includes adopting Snohomish County's adopted population and employment targets for the unincorporated portion of Everett's planning area, to meet the City's State Environmental Policy Act requirements, the City issued a Notice of Adoption of the Environmental Impact Statement for the Snohomish County Comprehensive Plan 2015 Update on July 20, 2015; and WHEREAS, the Planning Commission held a public workshop to review proposed amendments to the critical area and floodplain regulations on March 3, 2015, and held a public hearing to take public testimony on the proposed amendments on September 15, 2015 and recommended that City Council approve the proposed amendments; and WHEREAS, the City Council finds that: 1. The proposed amendments to the city's regulations in the Zoning Code for critical areas and floodplains are consistent with the GMA requirements for incorporating Best Available Science and to give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries; 2. The proposed amendments are consistent with the applicable provisions of the Everett Comprehensive Plan; 3. The proposed amendments bear a substantial relation to public health, safety or welfare; and 4. The proposed amendments promote the best long term interests of the Everett community. NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: SECTION 1: Section 5 of Ordinance 2909-06 (EMC 19.37.050), which read in part as follows: Exemptions — Exceptions - Modifications Certain activities are exempt from the requirements of this chapter, while other activities which are regulated by this chapter may be granted specific exceptions or an administrative 2