MANAGEMENT ROUTING: EXECUTIVE DFPUTY/EXEC. DIR, 1)1k.C:l OR/ELECTEID Dave Somers), DEPARTMENT Council DIV, MGR, DIVISION ORIGINATOR Will HalJ " I)ATE April 23, 2014 EXT. 3209 LOG NUMBERS BGT., CEO I *:i &vi 3iiIii[ i u i an i TO: COUNCIL CHAIRPERSON: SNOHOMISHICOUNTY COUNCI P EXECUTIVE RECOMMENDATION: Approve No Recommendation Further Processing Requested By Executive Office Signature CEO Staff Review Received at Council Office lfluj)ie*w1is) Emergency Appropriation Supplemental Appropriation Budget Transfer CONTRACT: New Amendment X GRANTP[U[ ] Lm#nrn.a Or d. I'JL fl C V Ii pjf.ij1li! ::4II'L JI APPROVAL AUTHORITY: EXECUTIVE COUNCIL X CITE BASIS Charter section 2.20 LJNG: NORMAL EXPEDITE URGENT X DEADLINE DATE
CONTRACTOR NAME & ADDRESS (City/State only): APPROVED: RISK MANAGEMENT Yes No COMMENTS PROSECUTING ATTY - AS To FORM: Yes No OTHER 1DEPARTMENTAL R &'A *WICOM MENTS:j ELECTRONIC ATTACHMENTS: NON-ELECTRONIC ATTACHMENTS:
1 SNOHOMISH COUNTY COUNCIL 2 Snohomish County, Washington 3 4 EMERGENCY ORDINANCE NO. 14-5 6 RELATING TO GROWTH MANAGEMENT, ADOPTING A MORATORIUM 7 ON APPLICATIONS FOR NEW RESIDENTIAL DEVELOPMENT IN OR 8 WITHIN ONE-HALF MILE OF LANDSLIDE HAZARD AREAS, ADDING A 9 NEW SECTION TO CHAPTER 30.62B SCC, DECLARING AN 10 EMERGENCY, AND SETTING A HEARING DATE 11 12 WHEREAS, pursuant to the Growth Management Act (chapter 36.70A RCW), the 13 Snohomish County Council adopted regulations in Chapter 30.62B SCC for the 14 protection of public safety, health and welfare in geologically hazardous areas, 15 including: erosion hazard, landslide hazard, seismic hazard, mine hazard, volcanic 16 hazard, and tsunami hazard areas; and 17 18 WHEREAS, by Motion No. 10-437 on September 7, 2010, the Snohomish 19 County Council adopted portions of the Snohomish County Natural Hazards Mitigation 20 Plan, including Map 14-1, Landslide Hazard Areas; and 21 22 WHEREAS, Snohomish County Executive John Lovick issued a local 23 proclamation of emergency on March 22, 2014, following a landslide between Oso and 24 Darrington that resulted in a devastating loss of life and property; and 25 26 WHEREAS, the extent of the landslide near Oso was significantly greater than 27 was forecast based on the Snohomish County Natural Hazards Mitigation Plan; and 28 29 WHEREAS, a significant amount of additional study and public involvement may 30 be required before determining if permanent changes in regulations may be appropriate 31 to balance the potential hazards of future landslides with the rights of property owners to 32 use and develop their land, and if so, what those changes should be; and 33 34 WHEREAS, the Snohomish County Council desires to reduce the potential that 35 future residential development will increase the number of people and dwellings that 36 could be affected by possible future landslides during the time that may be required for 37 study and development of potential new permanent regulations; and 38 39 WHEREAS, RCW 36.70A.390 provides that the Snohomish County Council may 40 adopt a moratorium, interim zoning ordinance, interim zoning map, and/or interim official 41 control; and 42 43 WHEREAS, moratoria, interim zoning ordinances, and interim official controls 44 enacted under RCW 36.70A.390 are methods by which local governments may 45 preserve the status quo so that new plans and regulations will not be rendered moot by 46 intervening development; EMERGENCY ORDINANCE NO. 14- NEW SECTION TO CHAPTER 30.62B SCC, DECLARING AN EMERGENCY, AND SETTING A HEARING DATE -1
2 NOW, THEREFORE, BE IT ORDAINED: 4 Section 1. The 5 conclusions: Snohomish County Council adopts the following findings of fact and 6 A. The Snohomish County Council adopts and incorporates the foregoing recitals as 7 findings as if set forth fully herein. 8 B. SCC 30.62B.130(6) requires, for all development activity or action requiring a 9 project permit, that the applicant submit a site development plan that shows the 10 location of all geologically hazardous areas on and within 200 feet of the site, to 11 the extent possible. 12 C. SCC 30.62B.340(2) generally requires structures to be set back from the toe of a 13 slope in a landslide hazard area a minimum of 50 feet or the height of the slope 14 divided by two, whichever is greater, subject to exceptions. 15 D. Chapter 30.628 SCC was developed and adopted using best available science. 16 E. The area impacted by the landslide near Oso extended more than one-half mile 17 from the toe of the slope that failed. 18 F. Allowing new residential development applications to become vested under the 19 current regulations within one-half mile of identified landslide hazard areas before 20 additional study and analysis of landslide hazards is completed could increase the 21 number of people and dwellings that could be affected by future landslides that 22 extend beyond the minimum setback distances that were adopted in the current 23 code based on the best science available at the time they were adopted. 24 G. It is necessary and desirable to conduct further study, analysis, and public 25 involvement on the topic of landslide hazards to determine whether new 26 regulations are necessary for the protection of public safety, health and welfare in 27 and within one-half mile of landslide hazard areas. 28 H. It is necessary and desirable to preserve the status quo on lands that may be 29 affected by landslide hazards during the time required for that further study, 30 analysis, public involvement, and potential development of new regulations related 31 to landslide hazards. 32 I. If the county were to follow its regular, non-emergency public participation 33 procedures to adopt new regulations related to landslide hazards without first 34 adopting a moratorium, permit applications could be submitted during the period 35 that potential new regulations were being developed, which would frustrate the 36 purpose of any such potential new regulations by increasing the number of people 37 and dwellings that could be affected by future landslides. 38 J. It is in the best interest of the health, safety, and welfare of the citizens of 39 Snohomish County to suspend, temporarily, the acceptance of applications for 40 residential development within one-half mile of all identified landslide hazard areas 41 where the height of the slope is greater than 50 feet. EMERGENCY ORDINANCE NO. 14- NEW SECTION TO CHAPTER 30.628 SCC, DECLARING AN EMERGENCY, AND SETTING A HEARING DATE -2
1 K. Applicants who submitted permit applications for residential development in or 2 within one-half mile of landslide hazard areas prior to the effective date of this 3 ordinance may have a vested right to have their applications processed under the 4 regulations that were in effect when their applications were deemed complete, 5 even if future study during the pendency of a moratorium leads to new regulations. 6 It is in the best interest of the health, safety, and welfare of the citizens of 7 Snohomish County that such applicants be notified that landslides could extend 8 beyond the setbacks required by the existing code, that proceeding with 9 development near landslide areas may expose them to risk despite the protections 10 in the existing code, and to recommend that they suspend development until new 11 regulations are in place. If they choose to proceed under the existing regulations, 12 they do so at their own risk and they should take appropriate steps to evaluate and 13 mitigate that risk. 14 L. This ordinance is exempt from the public participation requirements of Chapter 15 30.73 SCC, subject to the requirements of RCW 36.70A.390. 16 M. The amendment to Chapter 30.62B SCC adopted by this ordinance bears a 17 substantial relationship to the public health, safety and welfare. 18 N. Pursuant to WAC 197-11-880 and SCC 30.61.020, the adoption of this ordinance 19 is exempt from the requirements for a threshold determination under the State 20 Environmental Policy Act (SEPA). 21 22 Section 2. Pursuant to section 2.120 of the Snohomish County Charter, the 23 Snohomish County Council finds as a fact and concludes that adopting an emergency 24 ordinance and a moratorium on residential development in or within one-half mile of 25 identified landslide hazard areas where the height of the slope is greater than 50 feet is 26 necessary for the immediate preservation of the public peace, health or safety. Non- 27 emergency options may not provide adequate protection to people and property that 28 may be affected by future landslides of a magnitude that had not occurred in modern 29 Snohomish County prior to March 22, 2014. Based on the foregoing, the Snohomish 30 County Council declares that an emergency exists and this ordinance shall take effect 31 immediately. 32 33 Section 3. The County Council hereby adopts the following moratorium: 34 35 A. The County shall not accept any permit application for a subdivision, short 36 subdivision, rural cluster subdivision, rural cluster short subdivision, mobile home park, 37 binding site plan, single family detached units development, urban center development, 38 cottage housing development, planned residential development, boundary line 39 adjustment, or new dwelling located in or within one-half mile of any landslide hazard 40 area identified on Map 14-1 of the Snohomish County Natural Hazards Mitigation Plan 41 where the height of the slope of the landslide hazard area is greater than 50 feet. This 42 moratorium does not affect any permits required for repair or reconstruction of 43 infrastructure including SR 530 and the Mt. Index River Road. This moratorium does 44 not affect remodels, repairs, or alterations of existing dwellings, or building or other EMERGENCY ORDINANCE NO, 14-_ NEW SECTION TO CHAPTER 30.62B SCC, DECLARING AN EMERGENCY, AND SETTING A HEARING DATE -3
1 permits necessary to develop subdivisions, short subdivisions, rural cluster 2 subdivisions, rural cluster short subdivisions, mobile home parks, binding site plans, 3 single family detached unit developments, urban center developments, cottage housing 4 developments or planned residential developments applied for or approved prior to the 5 effective date of this ordinance. 6 7 B. This moratorium shall be effective for six months. It may be renewed for one 8 or more six-month periods if a subsequent public hearing is held and findings of fact are 9 made prior to each renewal. 10 11 Section 4. A new section is added to chapter 30.62B of the Snohomish County 12 Code to read: 13 14 30.628.005 Moratorium on residential development near landslide hazard areas. 15 16 Pursuant to Emergency Ordinance No. 14-, a moratorium has been adopted to allow 17 time for the potential development of new regulations regarding development activities 18 in landslide hazard areas. During the pendency of the moratorium, the County will not 19 accept any application for a subdivision, short subdivision, rural cluster subdivision, rural 20 cluster short subdivision, mobile home park, binding site plan, single family detached 21 units development, urban center development, cottage housing development, planned 22 residential development, boundary line adjustment, or new dwelling located in or within 23 one-half mile of any landslide hazard area identified on Map 14-1 of the Snohomish 24 County Natural Hazards Mitigation Plan where the height of the slope of the landslide 25 hazard area is greater than 50 feet. This moratorium does not affect any permits 26 required for repair or reconstruction of infrastructure including SR 530 and the Mt. Index 27 River Road. This moratorium does not affect remodels, repairs, or alterations of 28 existing dwellings, or building or other permits necessary to develop subdivisions, short 29 subdivisions, rural cluster subdivisions, rural cluster short subdivisions, mobile home 30 parks, binding site plans, single family detached unit developments, urban center 31 developments, cottage housing developments or planned residential developments 32 applied for or approved prior to the effective date of this ordinance. This section shall 33 be repealed automatically six months after the effective date of Emergency Ordinance 34 No. 14- unless renewed. 35 36 Section 5. Public hearing. The Snohomish County Council will hold a public 37 hearing on this matter on June 11, 2014, at the hour of 10:30 a.m. in the Henry M. 38 Jackson Board Room, 8 t" Floor, Robert J. Drewel Building, 3000 Rockefeller, Everett, 39 Washington, for the purpose of hearing public testimony on this matter in accordance 40 with RCW 36.70A.390. The notice for the public hearing shall specifically indicate that 41 this ordinance may be renewed for one or more six month periods if a subsequent 42 public hearing is held and findings of fact are made prior to each renewal. 43 44 EMERGENCY ORDINANCE NO, 14-_ NEW SECTION TO CHAPTER 30.628 SCC, DECLARING AN EMERGENCY, AND SETTING A HEARING DATE -4
1 Section 6. Request for review. The Snohomish County Council requests that 2 the County Executive engage affected stakeholders and communities in the review of 3 the regulations for development near landslide hazard areas and propose any policies 4 and regulations deemed appropriate to serve the public health, safety, and welfare in 5 Snohomish County. The Snohomish County Council requests that the County 6 Executive submit a work plan to the County Council within 90 days outlining the scope, 7 process, and schedule for completing this review. 8 9 Section 7. Notice to applicants. The Snohomish County Council requests that 10 the County Executive provide a special notice to all applicants with pending applications 11 for residential development in or within one-half mile of any landslide hazard area 12 identified on Map 14-1 of the Snohomish County Natural Hazards Mitigation Plan where 13 the height of the slope of the landslide hazard area is greater than 50 feet. The notice 14 should advise the applicant that: 15 (1) The landslide that occurred between Oso and Darrington on March 22, 2014, 16 showed that landslides can extend beyond the setbacks required by the current code. 1'7 hl..i...+...j + ',.I,. `.I..d.w, (2\ 1 T i i is covunty has adop ed a morato r iu m i of i rid esent ia I l de elop1 l en lt in or vviu hii i 18 one-half mile of any landslide hazard area identified on Map 14-1 of the Snohomish 19 County Natural Hazards Mitigation Plan where the height of the slope of the landslide 20 hazard area is greater than 50 feet. 21 (3) The purpose of the moratorium is to provide time for additional study and 22 potential development of new regulations to address the potential hazards of potential 23 future landslides of a magnitude that had not occurred in modern Snohomish County 24 prior to March 22, 2014. 25 (4) Their application may be in or within one-half mile of a landslide hazard area 26 where the height of the slope is greater than 50 feet, which may mean that their site 27 may be affected by potential future landslides. 28 (5) Proceeding with development near landslide hazard areas may have risks 29 that are not addressed in the current code. 30 (6) Snohomish County recommends that they suspend development until the 31 county determines whether new landslide hazard area regulations should be adopted. 32 (7) If they choose to proceed under the existing regulations, they do so at their 33 own risk and they should take appropriate steps to evaluate and mitigate that risk. 34 (8) Any other information the Executive deems appropriate. 35 36 Section 8. Severability and savings. If any section, sentence, clause, or phrase 37 of this ordinance shall be ruled to be invalid or unconstitutional by the Growth 38 Management Hearings Board or a court of competent jurisdiction, such ruling shall not 39 affect the validity or constitutionality of any other section, sentence, clause, or phrase of 40 this ordinance, and the section, sentence, clause, or phrase in effect prior to the 41 effective date of this ordinance shall be in full force and effect for that individual section, 42 sentence, clause, or phrase as if this ordinance had never been adopted. 43 44 EMERGENCY ORDINANCE NO. 14-_ NEW SECTION TO CHAPTER 30.628 SCC, DECLARING AN EMERGENCY, AND SETTING A HEARING DATE -5
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 PASSED by a vote of to this day of April, 2014. ATTEST: Clerk of the Council ( ) APPROVED SNOHOMISH COUNTY COUNCIL Snohomish County, Washington Chairperson I, 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 (X) EMERGENCY ( ) VETOED ATTEST: Approved as to form only: Depty Prosecuting At r' ei County Executive EMERGENCY ORDINANCE NO. 14- NEW SECTION TO CHAPTER 30.62B SCC, DECLARING AN EMERGENCY, AND SETTING A HEARING DATE -6