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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, 1 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 2 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. 3 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. 4 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