HomeMy WebLinkAbout3676ORDINANCE NO.-� b
AN ORDINANCE of the City of Port Angeles, Washington regarding
the Shoreline Master Program Periodic Review Required by RCW
90.58.080(4).
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY
ORDAIN AS FOLLOWS:
WHEREAS, the City developed, adopted, and administers a Shoreline Master
Program (SMP) in accordance with Chapter 90.58 RCW, the Shoreline Management Act
(SMA); and
WHEREAS, the City last adopted a comprehensive SMP update on October 21,
2014 as required by RCW 90.58.080(2), which was effective as of November 17, 2014; and
WHEREAS, the SMA requires the City to periodically review and, if necessary,
revise the SMP; and
WHEREAS, the review process is intended to bring the SMP into compliance with
requirements of the act or state rules that have been added or changed since the last SMP
amendment, ensure the SMP remains consistent with amended comprehensive plans and
regulations, and incorporate amendments deemed necessary to reflect changed circumstances,
new information, or improved data; and
WHEREAS, the City developed a public participation program for this periodic
review in accordance with WAC 173-26-090(3)(a) to inform, involve and encourage
participation of interested persons and private entities, tribes, and applicable agencies having
interests and responsibilities relating to shorelines; and
WHEREAS, the City has followed its adopted public participation program,
including establishment of a city project webpage, a virtual open house in December 2020,
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briefings to City Council and Planning Commission, stakeholder information update emails,
and a Planning Commission and Department of Ecology joint public hearing March 10, 2021
with a 30-day comment period March 1-30 2021; and
WHEREAS, the City used the checklist of legislative and administrative rule
amendments published by the Department of Ecology (DOE) to review amendments to chapter
90.58 RCW and DOE guidelines that have occurred since the City's SMP was last updated, and
to determine if local amendments are needed to maintain compliance in accordance with WAC
173-26-090(3)(b)(i); and
WHEREAS, the City reviewed changes to its comprehensive plan and development
regulations to determine if its SMP policies and regulations remain consistent with them in
accordance with WAC 173-26-090(3)(b)(ii); and
WHEREAS, the City considered whether to incorporate any amendments needed to
reflect changed circumstances, new information or improved data in accordance with WAC
173-26-090(3)(b)(iii); and
WHEREAS, the City consulted with the DOE early and often during the drafting of
the amendments. The City worked collaboratively with the Department of Ecology to address
local interests while ensuring proposed amendments are consistent with the policy of RCW
90.58.020 and applicable guidelines in accordance with WAC 173-26-104; and
WHEREAS, the City conducted a formal public comment period in compliance with
requirements of WAC 173-26-104; and
WHEREAS, the City published a legal notice in the Peninsula Daily News on March
1, 2021 for a public hearing on the proposed Planning Commission recommendation(s),
including a statement that the hearings were intended to address the periodic review in
accordance with WAC 173-26-090(3)(c)(ii); and
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WHEREAS, the Planning Commission took public testimony on the proposed
Planning Commission recommendation(s) at a public hearing on March 10, 2021; and
WHEREAS, a State Environmental Policy Act (SEPA) environmental checklist was
prepared based upon Planning Commission Public Hearing Draft, and the City SEPA
responsible official issued and circulated a copy of the checklist and a Determination of Non -
Significance (DNS) on March 1, 2021; and
WHEREAS, the Planning Commission reviewed the public testimony and written
comments on the proposed SMP revisions, and suggested revisions to the proposed
amendments; and
WHEREAS, the Planning Commission recommended approval of the proposed
amendments and forwarded it to the City Council for review and adoption on April 14, 2021;
and
WHEREAS, the City provided Notice of Its Intent to Adopt to the Washington State
Department of Commerce in accordance with WAC 173-26-100(5); and
WHEREAS, after considering all public comments and evidence, the City Council
determined that the proposed amendments comply with all applicable laws and rules; and
WHEREAS, this completes the City's required process for periodic review in
accordance with RCW 90.58.080(4) and applicable state guidelines (WAC 173-26).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF PORT ANGELES:
Section 1. - Review and Evaluation. The City Council hereby finds that the
review and evaluation required by RCW 90.58.080(4) have occurred, as described in the recitals
above.
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Section 2. - Revisions. The currently existing Chapter 15.08 PAMC is hereby
repealed in its entirety, and it is hereby replaced with Exhibit 1, which is attached to this
ordinance and incorporated herein by this reference.
Section 3. - Adoption. The City Council hereby adopts the above referenced SMP
revisions and finds the amended SMP consistent with the requirements of RCW 90.58 and WAC
173-26, as they apply to these amendments.
Section 4. - Submission to Department of Ecology, The Director of the City's
Department of Community and Economic Development is directed to submit the SMP and
associated documents to the Department of Ecology for their review and approval prior to
formal adoption. IFOnce approved by the Department of Ecology no further action is necessary
for compliance with RCW 90.58.080(4).
Section 5. - Effective Date. This Ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum. The amendments to the
SMP adopted through ordinance shall be effective 14 days after Department of Ecology final
action as provided by RCW 90.58.090(7).
Section 6. - Corrections. The City Clerk and the codifiers of this ordinance
are authorized to make necessary corrections to this ordinance including, but not
limited to, the correction of the scrivener's/clerical errors, references to other local, state, or
federal laws, codes, rules or regulations, or ordinance numbering, section/subsection numbers and
any references thereto.
Section 7. - Severability. If any provisions of this Ordinance, or its application
to any person or circumstances, are held invalid, the remainder of the Ordinance, or application of
the provisions of the Ordinance to other persons or circumstances, is not affected.
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PASSED by the City Council of the City of Port Angeles by a vote of one more
than the majority of all members of the legislative body at a regular meeting of said Council
on the 15th day of June, 2021.
ATTEST:
• ' 1
Kari Martinez -Basle leri
PUBLISHED: l ry- c11, jo a. l
By Summary
Kate Dexter, Mayor
APP ' OVED AS TO FO
RM:
William E. Bloor, City Attorney
Summary of Ordinance Adopted by the Port Angeles City Council on June 15, 2021
ORDINANCE NO.3676
AN ORDINANCE of the City of Port Angeles, Washington regarding the Shoreline Master
Program Periodic Review Required by RCW 90.58.080(4).
This Ordinance, being an exercise of a power specifically delegated to the City legislative body,
is not subject to referendum. The amendments to the SMP adopted through ordinance shall be
effective 14 days after Department of Ecology final action as provided by RCW 90.58.090(7).
The full texts of Ordinances are available at City Hall in the Clerk's office, on the City's website
at of a.as or will be mailed upon request.
Kari Martinez -Bailey
City Clerk
Published by summary: Sunday, June 27, 2021