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SEATTLE YACHT CLUB - CORRECTING CONDITION 31 - DECISIONBEFORE THE HEARING EXAMINER CITY OF BAINBRIDGE ISLAND In the Matter of the Application for Conditional Use Permits by SEATTLE YACHT CLUB SCUP/CUP13042 and the Appeal of the Director’s Threshold Determination (MDNS) by ORDER CORRECTING CONDITION 31 MALLUM/FRANZ et al. The Applicant has correctly observed that Condition #31(b) indicates “16 students” as maximum sailing class size, but that the Findings and Conclusions refer to a 20 student maximum. The number 16 is a scrivener’s error and CONDITION 31(B) SHOULD BE AND HEREBY IS CORRECTED to read as follows: b. Have a maximum limit of 20 students per class. The parties are also advised that although the postscript to the decision is correct, a more detailed note concerning further review of a Shoreline Conditional Use Permit decision would be: The decision of the Hearing Examiner is the final decision of the City in this matter. The Washington State Department of Ecology (DOE) reviews decisions of this type and the City shall notify DOE of this decision to initiate that review. Within 30 days of notification, DOE is to approve, approve with condition or deny a Shoreline Conditional Use Permit approved by the City. The DOE decision is appealable to the Washington State Shorelines Hearings Board as provided by RCW 90.58.180 (or its successor); to be timely, petition for review must be filed within the 21-day appeal period [see BIMC 16.12.380]. Entered this 21st day of September 2006. -signed in original- Meredith A. Getches Hearing Examiner SCUP/CUP13042 Page 33 of 33 Revised 28. *The proposed development shall comply with the City’s noise ordinance; specifically, BIMC 16.16.020 regarding maximum environmental noise levels and 16.16.025 regarding the limitations on construction hours and activities. 29. Outstation signs that are visible from adjacent properties, Spargur Loop Road, or the bay, shall be limited to a cumulative total of 12 sq. ft. (Signs referred to in Conditions 22 and 24 are interior-oriented and are not to be included in this cumulative total.) 30. Sailing class information, registration, and other materials provided to students or prospective students shall include directions showing/describing approach to the site only from Hidden Cove Road and advising that departing trips must go south on Spargur Loop Road to Hidden Cove Road. Students who carpool or use alternate modes of transportation (i.e., walk, bike, boat) shall receive a discount on class fees. 31. The small boat sailing classes shall: a. Be open to the public and, until the class orientation meeting or the first day of class (which ever comes first), 50% of class space shall be reserved for non-members. b. Have a maximum limit of 20 students per class. c. Not have class sessions that start before 9:30 a.m. or an end after 4:00 p.m. d. Be limited to one class per day. e. Be held only between June 1 and September 1. f. Be held only on weekdays, but not on any weekday that is part of a SYC large event. g. Store boats inside on weekends and between classes. The boats used for class may be left on the float overnight, centered on the solid portions (overlapping the grating as little as possible), during consecutive weekdays of class. h. The Springer building shall not be used for sleeping accommodations, except by class participants or instructors in connection with sailing class attendance or activities. 32. The small boat dock (modified Springer dock) shall be equipped with adequate lifesaving equipment such as life rings, hooks and ropes. If used for motor boat moorage, it shall also be equipped with containment booms for petroleum and other toxic materials. 33. When sailing classes are not in session, the small boat dock may be used for sailboats that are not longer that 24 ft. The small boat dock may be used for moorage only when no space is available at the main dock; no rafting shall be permitted from the north end of the small boat dock. 34. Use of the meeting rooms in the renovated Springer house must be ancillary to the small sailboat sailing program (e.g., lessons for sailing classes, parents’ meeting on first day of class, speakers/presentations regarding small boat sailing, SYC committee planning sailing classes, etc.), or for meetings of regular SYC committees. No meetings shall be held in the meeting rooms while any sailing class is in session or when arrival or departure times could overlap. The Springer building shall not be rented out, or be available to the general public, or be used for private or non-SYC activities or general meetings. 35. Failure to satisfactorily implement these conditions could result in revocation of the conditional use permit(s).