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Ord 1328: NOH to consider Ordinance 1328 and to amend LCC 15.35.150, Shoreline Permits or Exemptions. BEFORE THE BOARD OF COUNTY COMMISSIONERS LEWIS COUNTY, WASHINGTON IN THE MATTER OF: ORDINANCE NO. 1328 PUBLIC HEARING TO CONSIDER ORDINANCE 1328 AND TO AMEND LEWIS COUNTY CODE 15.35.150, SHORELINE PERMITS OR EXEMPTIONS. NOW THEREFORE BE IT ORDAINED DONE IN OPEN SESSION this 14th day of September, 2021. APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON Amber Smith Absent By: Amber Smith, Gary Stamper, Chair Deputy Prosecuting Attorney ATTEST: °RooF ''sy'• Lindsey R. Pollock, DVM .ter °P CE 'Lidsey R. Pollock, DVM, Vice Chair •°; Silt' �,:; < 1gc„skt45 aw : • ' �� Y moo. Rieva Lester Sean D. Swope Rieva Lester, Sean D. Swope, Commissioner Clerk of the Lewis County Board of County Commissioners Page 1 of 1 Ord. 1328 ORDINANCE 1328 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF LEWIS COUNTY, WASHINGTON AN ORDINANCE OF THE COUNTY OF LEWIS, CORRECTING A MINOR ERROR UNDER LEWIS COUNTY CODE SECTION 15.35.150, SHORELINE ) MANAGEMENT PERMITS WHEREAS, Lewis County promotes the public health, safety, and general welfare by minimizing public and private losses due to flood conditions in specific areas; and WHEREAS, Lewis County Code (LCC) Section 15.35, Flood Damage Prevention, establishes requirements for preventing flood damage in specific areas; and WHEREAS, Section 15.35.150 establishes procedures for obtaining shoreline management and floodplain development permits; and WHEREAS, Section 15.35.150 errors in referencing the joint aquatics resources application (JARPA) as a "joint aquatics application permit;" and WHEREAS, Lewis County proposes correcting this error by amending Section 15.35.150 by replacing "joint aquatics application permit" with "joint aquatics resources application (JARPA);" and WHEREAS, Lewis County held open public workshops with the Lewis County Planning Commission on January 26, 2021, February 9, 2021 and May 11, 2021 to discuss the proposed amendment; and WHEREAS, staff at Lewis County issued a SEPA Determination of Nonsignificance for the draft on May 11, 2021; and WHEREAS, staff at Lewis County sent the draft to Washington State Department of Commerce on April 28, 2021 for the 60 day review; and WHEREAS, on June 8, 2021, the Lewis County Planning Commission conducted a joint public hearing with Washington State Department of Ecology, noticed in accordance with the standards in LCC 17.12; and WHEREAS, following the public hearing, the Lewis County Planning Commission voted unanimously to recommend approval of the amendment to Section 15.35.150 LCC to the Lewis County Board of County Commissioners (BoCC) for their consideration; and WHEREAS, on August 24, 2021, the BOCC passed Res. 21-309 to hold a public hearing on Ordinance 1328, and directed the Clerk of the Board to provide notice of the hearing; and 1 WHEREAS, the Lewis County BoCC held a duly noticed public hearing on the proposed amendment to Chapter 15.35.150 LCC on September 14, 2021; and WHEREAS, the Lewis County BoCC finds that the proposed amendment to Section 15.35.150 LCC best serves the residents of Lewis County; NOW,THEREFORE BE IT HEREBY ORDAINED that the Lewis County BoCC approve the following; Section 1. Amend Section 15.35.150 to read as follows: 15.35.150 Shoreline management permits or exemptions. A shoreline management substantial development permit or exemption shall accompany a joint aquatics resources application permit application (DARPA) form and a floodplain development permit. A shoreline management substantial development permit or exemption issued pursuant to Chapter 90.58 RCW (Shoreline Management Act of 1971) and the Lewis County shoreline management master program and Chapter 17.25 LCC may serve as the flood hazard zone permit for those developments and structures that are within both a flood hazard zone and an area under jurisdiction of the Shoreline Management Act. [Ord. 1245 §1, 2013; Ord. 1145C § 3, 2000; Ord. 1157, 1998; Ord. 1145 § 6(A)(4), 1995J SECTION 2. All provisions of the Lewis County Code not specifically addressed herein shall remain in full force and effect. SECTION 3. If any part of this ordinance is found to be invalid by a court of competent jurisdiction, the remainder of the ordinance shall remain valid and continue in full force and effect. SECTION 4.This ordinance is in the public interest and shall be effective immediately. itytt PASSED IN REGULAR SESSION THIS IL � p DAY OF _ , 2202 APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON S•P.n-c-- • Deputy Pr ecuting Attorney Gary Stamper, Chair • _ as , Ad ATTEST: L •se '. Pollock, D M, Vice Chair •.4Z.' uNry w• •5t' ARD p, •�qJ!•• Rieva Lester, Clerk of the Board S.an Swope, Corn ssioner •°;' `y2: •Q SINCE 'e• :o• `d 1845 z: • - ' rr �bMM�S-' • •'PTON•S 1 �0•. 2 NOTICE OF PUBLIC HEARING BEFORE THE LEWIS COUNTY BOARD OF COUNTY COMMISSIONERS AND INTENT TO ADOPT NOTICE IS HEREBY GIVEN that the LEWIS COUNTY,WASHINGTON, BOARD OF COUNTY COMMISSIONERS will hold a public hearing to adopt Ordinance 1328.The hearing will take place at or after 10 a.m. September 14, 2021, in the Commissioners' Hearing Room on the second floor of the Historic Courthouse in Chehalis,Washington. Interested parties are encouraged to check the Commissioners' Business Meeting agenda for the Zoom log-in details.The agenda will be posted at https:jjlewiscountywa.gov/offices/commissioners/agendas-calendar/at least 24 hours in advance of the meeting. The public hearing will consider Ordinance 1328, which corrects a minor error under Lewis County Code Section 15.35.510, Shoreline Management Permits. During the hearing, individuals will be invited to speak and/or provide written statements regarding the proposed changes. All individuals wishing to speak are encouraged to attend. Written comments may be submitted in advance of the hearing to: Lee Napier lee.napier@lewiscountywa.gov Details about the proposal are available at https://lewiscountywa.gov/departments/community: develogmentjtrackiplanning-prokcts shoreline-master program-periodic-review/ Printed copies are available at the Lewis County Community Development Department at 2025 NE Kresky Ave., Chehalis WA. Due to COVID-19 and the physical closures of the Timberland Regional Libraries and Senior Centers, copies are not available at those locations. If you wish to receive a paper copy of the proposals, contact Community Development at 360.740.1146 and a copy will be mailed to you. The meeting site is barrier free. People needing special assistance or accommodations should contact Rieva Lester at 360.740.1419 at the Community Development Department 72 hours in advance of the meeting. Rieva Lester/Publish in the Chronicle and East County Journal on August 26 and September 1 2021 BOCC AGENDA ITEM SUMMARY BOCC Meeting Date: Sept. 14, 2021 Suggested Wording for Agenda Item: Agenda Type: Hearing - Ordinance Public hearing to consider Ordinance 1328 and to amend Lewis County Code 15.35.150, Shoreline Permits or Exemptions. Contact: Mindy Brooks Phone: 360-740-2610 Department: CD - Community Development Description: Public hearing to consider Ordinance 1328 and to amend Lewis County Code 15.35.150, Shoreline Permits or Exemptions. Approvals: Publication Requirements: Publications: User Status N/A PA's Office Pending Additional Copies: Cover Letter To: Lee Napier, Karen Witherspoon, Preston N/A Pinkston, Mindy Brooks