City of East Wenatchee, Washington Ordinance No. 2021-14 An
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City of East Wenatchee, Washington Ordinance No. 2021-14 An Ordinance of the City of East Wenatchee amending Chapters 1-9 and Appendix H of the East Wenatchee Shoreline Master Program in accordance with the Periodic Review and Update Cycle mandated by RCW 90.58.080, amending Ordinance 2008- 09 and Ordinance 2009-18, declaring the periodic review and update process as complete, containing a severability clause, and establishing an effective date. Una Ordenanza de la Ciudad de East Wenatchee que enmienda los Capítulos 1-9 y el Apéndice H del Programa Maestro de East Wenatchee Shoreline de acuerdo con el Ciclo de Revisión y Actualización Periódica ordenado por RCW 90.58.080, que enmienda la Ordenanza 2008-09 y la Ordenanza 2009-18, declarar que el proceso de revisión y actualización periódica está completo, que contiene una cláusula de divisibilidad y que establece una fecha de vigencia. 1. Alternate format. 1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta, etc.), póngase en contacto con el vendedor de la ciudad al [email protected], al (509) 884-9515 o al 711 (TTY). 1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@east- wenatchee.com, at (509) 884-9515, or at 711 (TTY). 2. Recitals. 2.1. The City of East Wenatchee (“City”) is a non-charter code city, duly incorporated and operating under the laws of the State of Washington. 2.2. The Washington State Legislature passed the Shoreline Management Act (SMA) in June 1971, and it was approved by voters in a public initiative in 1972. The SMA is codified as RCW 90.58. 2.3. The SMA, recognizes that shorelines are among the most valuable and fragile resources of the State, and that state and local government must establish a coordinated planning program to address the types and effects of development occurring along City of East Wenatchee Ordinance 2021-14 with Exhibit A and B Page 1 of 8 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) shorelines of statewide significance. 2.4. The primary responsibility for administering the SMA program is assigned to local governments, with a significant oversight role by the Washington State Department of Ecology (Ecology or DOE). 2.5. All counties and cities with shorelines meeting a specific threshold are required to adopt and administer a local shoreline master program to carry out the provisions of the SMA. 2.6. The Douglas County Shoreline Master Program, including the City of East Wenatchee, was originally approved by the Department of Ecology on February 20, 1975. 2.7. A comprehensive review and update was completed in 2009, as required by RCW 90.58.080(2), with the adoption of a new Douglas County Regional Shoreline Master Program approved by the Council with the passage of Ordinance No. 2008-09 and 2009-18. 2.8. The City Council finds that it is in the best interests of the City and its citizens to amend the adopted SMP. 2.9. The amendments, environmental documents, and meeting information were posted on the City of East Wenatchee website during the public comment and environmental review periods. 2.10. The City of East Wenatchee Planning Commission has reviewed the entire record and public testimony as it relates to the proposed amendments to the shoreline master program 2.11. On May 25, 2021, the East Wenatchee Planning Commission held an open-record public hearing and voted unanimously (4-0) to recommend that the City Council adopt the proposed amendments to the East Wenatchee Shoreline Master Program. 3. Authority. 3.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to adopt ordinances of all kinds to regulate its municipal affairs as appropriate to the good government of the City. 3.2. RCW 90.58 authorizes the City to adopt a shoreline master program consistent with the SMA 4. Purpose. In accordance with RCW 90.58.080(4)(b)(iii), counties and cities must take action to periodically review and update, if necessary, revise their master programs. The purpose of the review is: 4.1. To assure that the master program complies with applicable law and City of East Wenatchee Ordinance 2021-14 with Exhibit A and B Page 2 of 8 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) guidelines in effect at the time of the review; and 4.2. To assure consistency of the master program with the local government's comprehensive plan and development regulations adopted under chapter 36.70A RCW, if applicable, and other local requirements. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS: 5. Amendment 1. The City Council amends the Chapters 1-9 of the East Wenatchee Shoreline Master Program as set forth in Exhibit A to this Ordinance. 6. Amendment 2. The City Council amends Appendix H to the East Wenatchee Shoreline Master Program as set forth in Exhibit B to this Ordinance. 7. Findings of Fact and Conclusions of Law. The City Council adopts the Recitals stated above as well as the findings of fact and conclusion of law as set forth below. 7.1. Findings of Fact 7.1.1. This proposal is part of the required periodic review and update to the city of East Wenatchee’s Shoreline Master Program (SMP). The City has drafted limited amendments to address updates to the Shoreline Management Act since 2009, correct minor consistency issues, clarify mitigation requirements, include amendments to be more consistent with the Douglas County SMP, and other limited amendments intended to promote the efficiency of SMP administration, enforcement, and implementation while maintaining protections adequate to support no net loss of shoreline functions and values 7.1.2. The City adopted a comprehensive plan in accordance with the Growth Management Act (GMA), RCW Chapter 36.70A, which is a generalized, coordinated land use policy statement of the City. The Greater East Wenatchee Area Comprehensive Plan (2020) includes policies relating regulation of uses along the shoreline and adopts by reference the Shoreline Master Program. 7.1.3. RCW 90.58.080(4)(b)(iii) requires the city of East Wenatchee to take action to review, and if necessary, revise its shoreline master program by June 30, 2021. City of East Wenatchee Ordinance 2021-14 with Exhibit A and B Page 3 of 8 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) 7.1.4. The Planning Commission is responsible for long-range planning processes and providing implementation recommendations to assure compliance with the Shoreline Management Act and the Growth Management Act. 7.1.5. April 12, 2021, draft amendments were submitted to the Washington State Department of Commerce for 60-day review in compliance with the requirements of RCW 36.70A.106 – the Growth Management Act. 7.1.6. April 12, 2021, draft amendments were submitted to local and state agencies and organizations initiating the 30-day comment period and announcing the Planning Commission workshop on April 27, 2021. 7.1.7. April 14, 2021, SMP update webpage was created on the City’s website explaining the process and providing a posting location for all documents. 7.1.8. April 14, 2021, notice of the SMP update 30-day comment period and announcement of the Planning Commission April 27, 2021, workshop was published in The Wenatchee World and posted on the SMP webpage. 7.1.9. April 15, 2021, notice of the April 27, 2021 public workshop was published in The Wenatchee World. 7.1.10. April 27, 2021, the East Wenatchee Planning Commission held a public workshop to review the proposed amendments to the SMP. 7.1.11. May 8, 2021, notice of the determination of Nonsignificance was published in The Wenatchee World and distributed to local and state agencies and organizations. 7.1.12. May 12, 2021, notice of the Planning Commission public hearing on May 25, 2021 was published in The Wenatchee World. 7.1.13. A threshold determination and environmental review pursuant to RCW 43.21C the State Environmental Policy Act was completed, and a Determination of Non-significance (DNS) was issued on May 7, 2021. The comment period ended on May 21, 2021. 7.1.14. The proposed amendments were transmitted via email with a request for comment to Chelan County Community City of East Wenatchee Ordinance 2021-14 with Exhibit A and B Page 4 of 8 Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Development, Chelan Douglas Health District, Confederated Tribes of the Colville Reservation, Confederated Tribes of the Yakama Nation, Douglas County Sewer District, Douglas County PUD, Douglas County Transportation & Land Services, East Wenatchee Water District, Washington State Department of Archaeology and Historic Preservation, Washington State Department of Ecology, Washington State Department of Fish & Wildlife, Washington State Department of Natural Resources, Washington State Department of Transportation, City of Wenatchee, and Wenatchee Reclamation District. Comments submitted were considered in the final draft of the proposed amendments. 7.1.15. One agency comment was received from Eric Pentico, Washington State Department of Fish and Wildlife. 7.1.16. The East Wenatchee Planning Commission held a duly advertised open-record public hearing on May 25, 2021. 7.1.17. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated by this reference.