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2021-021 Public Hearing on Critical Areas Ordinance amendments ORDINANCE NO. 2021-021 AN ORDINANCE amending the City of Yakima Critical Areas Ordinance, YMC Ch 15.27 WHEREAS, to maintain eligibility in the National Flood Insurance Program (NFIP), the City of Yakima is required to demonstrate compliance with Paragraph 60.3(d) of the NFIP regulations prior to October 21, 2021; and WHEREAS, the proposed amendments to YMC Ch. 15.27 are consistent with Paragraph 60.3(d) of the NFIP and the Washington State Model Ordinance; and WHEREAS, the City of Yakima conducted a State Environmental Policy Act Review (SEPA) process for the proposed amendments and a Determination or Nonsignificance was issued on July 6, 2021; and WHEREAS, the Yakima Planning Commission held a public hearing on July 28, 2021, heard the staff presentation regarding the proposed Amendments and unanimously recommended approval; and WHEREAS, the Yakima City Council held a public hearing on September 7, 2021 to receive public comments on the Planning Commission's recommended findings and proposed revisions to the Amendments; and WHEREAS, based upon its review of the requirements Paragraph 60.3(d) of the NFIP and the Washington State Model Ordinance, the analysis and proposed revisions prepared by planning staff, the recommended findings forwarded by the Planning Commission, and public comments received, the Yakima City Council finds and declares that the review and needed revisions have been prepared in conformance with applicable law; and WHEREAS, the City Council of the City of Yakima, having considered the record herein and the recommendation from the Planning Commission, hereby finds and determines that approval of the Amendments is in the best interests of residents of the City of Yakima and will promote the general health, safety and welfare; now, therefore BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Findings, Analysis and Conclusions. After reviewing the record and considering the evidence and testimony in the record and at public meetings, the Yakima City Council adopts the findings of the Planning Commission and the recitals above, as its own findings herein. Section 2. Amendments to Replace and Supersede. The proposed amendments to YMC Ch 15.27, as contained in Exhibit "A", attached hereto and fully incorporated herein, are amended by these changes and all such changes are intended to replace and supersede previous versions of the referenced documents. Section 3. SeverabilityNalidity. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 4. Ratification. Any act consistent with the authority, and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 7th day of September, 2021. ATTEST: .-� P. ricia Byers, May Sonya I r Tee, City CI rk Publication Date: September 10,`2Q2i Effective Date: October 10, 2021 /4.4re&I i rr 11 i i�O enc u nrry 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 8. For Meeting of: September 7, 2021 ITEM TITLE: Public Hearing on Critical Areas Ordinance amendments SUBMITTED BY: Joseph Calhoun, Planning Manager, 509-575-6042 Joan Davenport,Al CP, Community Development Director SUMMARY EXPLANATION: On April 21, 2021, a Letter of Final Determination (LFD)was received from FEMA related to mapping updates which will become effective on October 21, 2021 . To maintain eligibility in the NFI P, the City of Yakima is required to demonstrate compliance with paragraph 60.3(d)of the NFI P regulations. The proposed changes to the Critical Areas Ordinance (CAO) (YMC Ch. 15.27) are compliant with said regulations and the Washington State Model Ordinance. The CAO amendments went through a public review process including a Yakima Planning Commission (YPC) study session on July 14, 2021 and public hearing on July 28, 2021. The YPC recommended approval and the chair signed the findings on August 3, 2021. More information can be found here: https://www.yakimawa.gov/services/planning/cao/ Council, please bring the packet delivered in the August 17, 2021 Council packet. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Ordinance ATTACHMENTS: Description Upload Date Type ID Ordinance 8/20/2021 Ordinance ❑ redline ord 9/1/2021 Corer Memo