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HomeMy WebLinkAboutO-3155 - Updating the City's Development Regulations & Amending Sections 22A.010.160 & 22A020.180 of the MMCCITY OF MARYSVILLE Marysville, Washington ORDINANCE NO. 3 \ S 5 AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON, UPDATING THE CITY'S DEVELOPMENT REGULATIONS AND AMENDING SECTIONS 22A.010.160 AND 22A.020.180 OF THE MARYSVILLE MUNICIPAL CODE. WHEREAS, the State Growth Management Act, Chapter 36. 70A RCW mandates that cities periodically review and amend development regulations, including zoning ordinances and official controls; and WHEREAS, RCW 36.70A.106 requires the processing of amendments to the City's development regulations in the same manner as the original adoption of the City's comprehensive plan and development regulations; and WHEREAS, the State Growth Management Act requires notice and broad public participation when adopting or amending the City's comprehensive plan and development regulations; and WHEREAS, the City, in reviewing and amending its development regulations has complied with the notice, public participation, and processing requirements established by the Growth Management Act, as more fully described below; and WHEREAS, the City Council of the City of Marysville finds that from time to time it is necessary and appropriate to review and revise provisions of the City's municipal code and development code (MMC Title 22); and WHEREAS, during a public meeting on March 10, 2020, the Planning Commission discussed proposed amendments to MMC Section 22A.020.180; and WHEREAS, the City of Marysville submitted the proposed amendments to MMC Section 22A.020.180 to the Washington State Department of Commerce on March 17, 2020, as required by RCW 36.70A.106; and WHEREAS, the proposed amendments to MMC Section 22A.020.180 are exempt from State Environmental Policy Act review under WAC 197-11-800(19); WHEREAS, after providing notice to the public as required by law, the Marysville Planning Commission held a Public Hearing on June 9, 2020 regarding the proposed amendments to MMC Section 22A.020.180; and WHEREAS, on June 9, 2020 the Planning Commission made a Recommendation to the City Council recommending the adoption of the proposed amendments to MMC Section 22A.020.180; and WHEREAS, at a public meeting on September 14, 2020 the Marysville City Council reviewed and considered the Planning Commission's Recommendation and the proposed amendments to MMC Section 22A.020.180; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Required Findings. In accordance with MMC 22G.010.520, the following findings are made regarding the proposed amendments to MMC Section 22A.020.180 which comprise this ordinance: (1) The amendments are consistent with the purposes of the comprehensive plan; and (2) The amendments are consistent with the purpose of Title 22 MMC; and (3) There have been significant changes in the circumstances to warrant a change; and (4) The benefit or cost to the public health, safety, and welfare is sufficient to warrant the action. Section 2. Section 22A.020.180, "Q" definitions, of MMC Chapter 22A.020, Definitions, is hereby amended to read as follows: 22A.020.180 "Q" definitions. "Qualified scientific professional" means a person with experience and training in the pertinent scientific discipline, and who is a qualified scientific expert with expertise appropriate for the relevant critical area subject in accordance with WAC 365-195-905(4). A qualified professional must have obtained a B.S.L et= B.A., or equivalent degree as specified below in biology, engineering, environmental studies, fisheries, geomorphology, or related field, and t'NO years of related work experience, and have qualifications as follows:~ (1) A qualified professional for habitats or wetlands must have a degree in biologyL envi ronmental studies. natural resource management, ecology, or a related field; have two years of professional experience as a wetland biologist: and be certified as a Professional Wetland Scientist (PWS) and orofessional exoerience related to the subiect soecies. (2) A qualified professional for fisheries or fish habitat must have: (a) A degree In fisheries or aquatic ecology. and two years of professional experience as a fisheries biologist: or (b) A degree in biology, environmental studies. natural resource management, ecology, or a related field; certification by the American Fisheries Society; and five years of professional experience as a fisheries biologist. ~ .Ql_A qualified professional for a geological hazard must be a professional engineer or geologist, licensed by the state of Washington, and have two years of professional experience as an engineer or geologist. (Ord. 2852 § 10 (Exh. A), 2011). Section 3. Section 22A.010.160, Amendments, of the Marysville Municipal Code is hereby amended as follows by adding reference to this adopted ordinance in order to track amendments to the City's Unified Development Code: "22A.010.160 Amendments. The following amendments have been made to the UDC subsequent to its adoption: Ordinance Title (description) Effective Date 3\S~ Qualified Scientific Professionals Amendment )'?f.\-. 1.9 I 2020" Section 4. Severability. If any section, subsection, sentence, clause, phrase, or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase, or word of this ordinance. Section 5. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this ordinance, including scrivener's errors or clerical mistakes; references to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections Section 6. Effective Date. This ordinance shall become effective five days after the date of its publication by summary. PASSED by the City Council and APPROVED by the Mayor this \ Y,~ day of Syt--e.Vlber I 2020, Attest: By : &ck-- Approv ed a_: to form: ....-O By : ~~ ~,, .f_::--: JON WALKER, CITY ATTORNEY Date of Publication: S~ 9-ttrn '0-er \~1 l.01. 0 Effective Date: Seott rn \?-er 2-3, '2.020 (5 days after publication) CITY OF MARYSVILLE