ORDINANCE NO. 630
AN ORDINANCE OF THE CITY OF UNIVERSITY PLACE, WASHINGTON, AMENDING TITLE 17 OF THE UNIVERSITY PLACE MUNICIPAL CODE, CRITICAL AREAS CODE, INCLUDING AMENDMENTS TO GENERAL REQUIREMENTS, GEOLOGICALLY HAZARDOUS AREAS, FISH AND WILDLIFE HABITAT AREAS, AND WETLANDS, TO ENSURE THAT CRITICAL AREAS REGULATIONS MEET THE STANDARDS OF THE SHORELINE MASTER PROGRAM GUIDELINES, RELY ON THE MOST CURRENT AVAILABLE BEST AVAILABLE SCIENCE, AND ARE CONSISTENT WITH THE COMPREHENSIVE PLAN
WHEREAS, the University Place City Council adopted a GMA Comprehensive Plan on July 6,1998 which became effective July 13, 1998 with amendments on May 1, 2000, August 4, 2003; and December 2004 and February 2012; and
WHEREAS, the Revised Code of Washington 36.70A.040 requires the City to adopt development regulations which are consistent with and implement the Comprehensive Plan; and
WHEREAS, a review of the City’s existing critical areas regulations by Ecology and City staff identified a number of provisions that must be amended to be consistent with current science and the Shoreline Master Program Guidelines; and
WHEREAS, the Planning Commission held numerous public meetings beginning in October 2012, including three public hearings on April 17, May 1, and May 15, 2013; and
WHEREAS, on June 19, 2013 the Planning Commission unanimously recommended the amendments to the Critical Areas Code attached hereto as Exhibit A, which rely on the most current available best available science to ensure consistency with the City’s Comprehensive Plan and Shoreline Master Program; and
WHEREAS, a SEPA Determination of Non-Significance (DNS) was issued on March 30, 2013 for Critical Areas Code amendments (Exhibit A) with a comment period ending on April 12, 2013; and
WHEREAS, the required State agency 60-day review period on the Critical Areas Code amendments (Exhibit A) began on May 14, 2013 and concluded on July 12, 2013; and
WHEREAS, the University Place City Council held study sessions on August 12 and 26, 2013 prior to a Public Hearing on October 7 and 21, 2013 to take public comment and discuss proposed Critical Areas Code amendments; and
WHEREAS, the University Place City Council finds the proposed amendments are consistent with the goals, objectives and policies of the Comprehensive Plan; the proposed amendments are in the best interest of the citizens and property owners of the City; and the proposed amendments enhance the public health, safety, comfort, convenience, or general welfare; and
WHEREAS, the City Council has determined that amending the City of University Place Critical Areas Code serves to comply with the Growth Management Act including RCW36.70A130(5)(a), the Shoreline Management Act, and the Shoreline Master Program Guidelines;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UNIVERSITY PLACE, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Title 17 Critical Areas Code Amendments. University Place Municipal Code Chapters 17.15, 17.25, 17.30 and 17.35 are hereby amended as set forth in Exhibit “A” attached.
Section 2. Copy to be Available. One copy of this Ordinance shall be available in the office of the City Clerk for use and examination by the public.
Section 3. Severability. If any section, sentence, clause, or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Ordinance.
Section 4. Publication and Effective Date. A summary of this Ordinance consisting of its title shall be published in the official newspaper of the City. This Ordinance shall take effect five days after publication.
PASSED BY THE CITY COUNCIL ON OCTOBER 21, 2013.
_______________________________ Ken Grassi, Mayor
Emelita Genetia, City Clerk
APPROVED AS TO FORM:
Steve Victor, City Attorney
Effective Date: 10/28/13