ORD 2002-29 SHORELINE MORATORIUM
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ORDINANCE NO. 2002- 29
AN ORDINANCE of the City of Bainbridge IS1~d' Washington,
adopting fmdings of fact supporting the continuatio of. the City's
moratorium on applications for shoreline substant al development
permits. shoreline substantial development exemptiont. and shoreline
conditional use permits; continuing the moratorium unti I March 1, 2003;
amending Section 2 of Ordinance No. 2001-34. !
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WHEREAS. in March 1999. Puget Sound Chinook wtire listed as a threatened
species under the Endangered Species Act; and I
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WHEREAS, in September 2000, the City Council ~idoPted Resolution No.
2000-31, recognizing that Bainbridge Island contains critical habitat to Puget Sound
Chinook and making the protection of salmonid habitat a high P, iority for the City; and
WHEQAS, in May 2001, the City Council adopted ~~' eneral salmon recovery
and conservation' strategy, of which the two most important co ponents are the revision
of the City's Shorelin Master Program (Chapter 16.12 BIM .) and the City's critical
areas ordinance (Chapt r 16.20 BIMC); and
WHEREAS, inbridge Island's shoreline is approxim,tely 51 percent armored
and heavily developed ith shoreline structures, which may fr~grnent remaining natural
habitat; and .
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WHEREAS, S oreline structures, such as piers, dOCkS~1 and bulkheads, have the
potential to cause sig ificant impact to critical shoreline ha itat, by changing beach
substrate and elevatio which can negatively effect juvenile sa mon migratory patterns;
and
WHEREAS, e removal of riparian and overhang~g vegetation can cause
changes in microclo te and water quality. and can impact ~e food web critical to
salmonids; and
WHEREAS, addition to the direct impacts des~ribed above, shoreline
structures can cause s. nificant stress to marine vegetation an4 animals that are critical
to healthy salmonid h itat; and
WHEREAS, urrently, the City lacks adequate too~ and detailed scientific
knowledge necessary for a full evaluation of the ind vidual and cumulative
environmental impact of shoreline development in salmonid h. hitat; and
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WHEREAS, the Bainbridge Island Nearshore Assess~nt, a federally. funded
shoreline inventory and ecological assessment project, has be n and will provide the
basic scientific knowledge required to develop the necessary res, urce management tools ·
for the Shoreline Master Program revision; and
WHEREAS, once the Bainbridge Island Nearshore ASissment is completed in
October 2002, it will take additional time to revise the City's S oreline Master Program
and critical areas ordinance, and obtain necessary approvals fr ,m the state Department
of Ecology; and
WHEREAS, on August 22, 2001, the City counci=pasSed Ordinance No.
2001-34, imposing a moratorium on the filing of certain a plications for . shoreline
substantial development permits, shoreline substantial develo, ment exemptions, and
shoreline conditional use permits; and
WHEREAS, on October 10, 2001, the City Council tld a public hearing on
the moratorium and adopted Ordinance No. 2001-45 amending rdinance No. 2001-34;
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WHEREAS, the City has been working through a del~berate public process to
revise and update the Shoreline Master Program consistent WiJ RCW 90.58, especially
RCW 90.58.130, but will not be able to complete the Shorelin ; Master Program update
prior to September 1,2002; and
WHEREAS, the City established the Shoreline f1aster Program Update
Steering Committee in January 2002, which reviewed and retised the shoreline goals
and policies between January and June 2002; and
WHEREAS, the Planning Commission began reVieW~g and revising shoreline
goals and policies in June 2002 and will hold a public hearing on September 12, 2002,
and the City expects City Council adoption of goals and polici~s between October 2002
and January 2003; and
WHEREAS, the City will begin updating the limplementing shoreline
regulations upon adoption of goals and policies by the City qouncil and expects final
adoption of the implementing shoreline regulations between J~lly and September 2003
with final Ecology approval of the entire Shoreline Master Prbgram expected between
October 2003 and January 2004; and
WHEREAS, the City needs additional time to gathe~ study and analyze the
scientific information, and to revise the Shoreline Master P ! gram and critical areas
ordinance, during which time significant shoreline habitat! that supports a species
threatened with extinction could be lost or damaged; and
WHEREAS, RCW 35A.63.220 and RCW 36.70A.3po authorize the City to
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adopt a moratorium on development of up to one year, and to ~'ontinue the moratorium
for additional six-month periodS. after conducting a public heari g on the c.ontinuation of
the moratorium and adopting findings of fact supporting the con inuation; 'and . ·
WHEREAS, on August 14, 2002, the City Council hel* a hearing on the issue
of the continuation of the moratorium, at which time membe~s of the public had the
opportunity to present testimony and other evidence in f3jYor of or against the
continuation of the moratorium; and
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WHEREAS, the City Council has determined that ~e continuation of the
moratorium, as adopted in Ordinance Nos. 2001-34 and 2001- 5, is necessary for the
protection of the public health, safety, property, or peace, inc uding the protection of
shoreline habitat that supports a species threatened with extinct.on, and desires to enter
the findings set forth in this Ordinance to support the continuati~m of the moratorium as
required by RCW 35A.63.220 and RCW 36.70A.390; now, therefore
THE CITY COUNCIL OF THE CITY OF BAI~GE ISLAND, DO
ORDAIN AS FOLLOWS: !
Section 1. Establishment of Findings. Based on me public testimony and
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other evidence submitted at the public hearings held on Octob~r 10, 2001 and August
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14, 2002, the City Council enters the following Findings pf Fact to support the
moratorium described in Section 1 of Ordinance No. 2001-34, *s amended by Section 2
of Ordinance No. 2001-45 ("Moratorium"):
1. On October 10, 2001, the City Counqil held a public
hearing on the moratorium on the filing of certain I applications for
shoreline substantial development permits, shorqline substantial
development exemptions, and shoreline conditional usel permits, and on
August 14, 2002, the City Council held a public! hearing on the
continuation of the moratorium.
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2. At the hearings, members of the Ipublic had the
opportunity to present testimony and other eVideni regarding the
imposition of the Moratorium. The City Council con idered testimony
by staff regarding the Moratorium submitted at the he ings, as well as
all evidence presented by the public.
3. In March 1999, Puget Sound Chinook Iwere listed as a
threatened species under the Endangered Species AFt. The Kitsap
Peninsula Salmonid Refugia Study, authored by Kitsap ~ounty and d~ted
July 13, 2000, identifies Bainbridge Island nearshor~ as Category B
salmonid refugia (Category B refers to 'high qu~lity but altered
conditions, with good ecological integrity). =Rte-~atiaB61 MariB0
Piske". Sef"iee _ ftlletl tltet "eritieal Ilahitat is desilptated te iBebu!e
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:::' :::e' = ~d :~ rea;::S :eSSihle t~ listed ekiaeek
sa~1l ill Paget 8elmEl." (SG CFR22(;.212)' In Sept mber 2000, the
City Council adopted Resolution No. 2000-31, jecognizing that
Bainbridge Island contains critical habitat to Puget So nd Chinook and
making the protection of salmonid habitat a high priority I for the City.
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4. In May 2001, the City Council adopted ~eneral salmon
recovery and conservation strategy, of which the tw most important
components are the revision of the City's Shoreline aster Program
(Chapter 16.12 BIMC) arid of the City's critical lareas ordinance
(Chapter 16.20 BIMC).
5. Bainbridge Island has 48.5 miles of shor9line. The City's
shorelines are approximately 51 percent armored ~ are heavily
developed with shoreline structures, which may fra. ent remaining
natural habitat with an unknown cumulative effect.
6. Shoreline structures, such as piers, dock, and bulkheads,
have the potential to cause significant impact to critical horeline habitat,
by changing beach substrate and elevation which can negatively effect
juvenile salmon migratory patterns. The removal of riparian and
overhanging vegetation can cause changes in microctte and water
quality, and can impact the food web critical to salmoni s. Moreover, in
addition to these direct impacts, shoreline structures can I cause significant
stress to marine vegetation and animals that are c4tical to healthy
salmonid habitat.
7 . Currently, the City lacks adequate t:=s and detailed
scientific knowledge necessary to a full evaluation of e individual and
cumulative environmental impacts of shoreline develop ent in salmonid
habitat. i
8. In order to provide the basic scientific kn wledge required
to develop the necessary resource management tools or the Shoreline
Master Program revision, the City has begun the ainbridge Island
Nearshore Assessment, a federally funded shorelin inventory and
ecological assessment project. The City has not had t~ to complete the
Nearshore Assessment.
9. Once the Bainbridge Island Nearshor~ Assessment is
completed in October 2002, the City will need additiot~l time to revise
the City's Shoreline Master Program and critical areas rdinance, and to
obtain the necessary approvals of the revisions from the istate Department
of Ecology. The City anticipates that the revisions ito the Shoreline
Master Program and the critical areas ordinance will b~ completed prior
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to or by January 2004.
10. Based on a simple trend analysis, the City I estimates that in
the time that it will take to revise the Shoreline Master rrogram and the
critical areas ordinance, the City will receive at le~st 34 shoreline
substantial development permit applications and 69 shoteline substantial
development exemption applications, all of which may Icause additional
harm to the shoreline habitat. In addition, based! on the City's
experience in the past, the City expects to receive an i creased number
of applications due to the pending regulation chan es. The City
estimates that this increase will be approximately twen percent. There
has been a noticeable increase in shoreline permit appli ations since the
time that Puget Sound Chinook were listed as a threate d species under
the Endangered Species Act in March 1999.
11. . On August 22, 2001, the City Council assed Ordinance
No. 2001-34, imposing a moratorium on the filing of ce in applications
for shoreline substantial development permits, shor line substantial
development exemptions, and shoreline conditional u e permits. On
October 10, 2001, the City Council held a public! hearing on the
moratorium and passed Ordinance No. 2001-45, Iwhich amended
Ordinance No. 2001-34 and adopted findings of fact supporting the
moratorium, as amended. The amendment to the mor~orium, stated. in
Section 2 of Ordinance No. 2001-45, clarified and simp ified the type of
shoreline development that is subject to the mo atorium. The
amendments also restricted the moratorium to the strucnfres that have the
greatest potential to impact shoreline habitat.
12. Since passing Ordinance No. 2001-45, ~e City has been
working through a deliberate public process to revisq and update the
Shoreline Master Program consistent with RCW 90.58,1 especially RCW
90.58. 130. However, the City will not be able to complete the Shoreline
Master Program update by September I, 2002. !
13. In January 2002, the City established the!hOreline Master
Program Update Steering Committee. Between Januar and June 2002,
the Steering Committee reviewed and revised the sh reline goals and
policies in the Shoreline Master Program. .
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14. In June 2002, the Planning Commission I began reviewing
and revising the shoreline goals and policies. The Planfring Commission
will hold a public hearing on September 12, 2002 on th~ revisions to the
shoreline goals and policies. The City expects City Cquncil adoption of
goals and policies between October 2002 and January 2(~)3.
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15. After the City Council adopts revised s:reline goals and
policies, the City will begin. updating the imple enting shoreline
regulations. Currently, the City expects final ~doption of the
implementing shoreline regulations by the Council ~etween July and
September 2003, with final Ecology approval of the I entire Shoreline
Master Program expected between October 2003 and JaflUary 2004.
16. As outlined in the previous paragraPh~ the City needs
additional time to gather, study and analyze careful I the appropriate
scientific information, and to revise the Shoreline M ter Program and
critical areas ordinance, during which time significant I shoreline habitat
that supports a species threatened with extinction qould be lost or
damaged.
17. An extension of the Moratorium is ne essary while the
City considers the appropriate scientific information, d prepares ~d
considers the revisions to the Shoreline Master Pro ram and critical
areas ordinance. The City's land use and planning p cess, .as well as
the protection of critical salmonid habitat, will suffer S~gnificant harm if
the Moratorium is not in place until the City complete the revisions to
the Shoreline Master Program and critical areas ordinanfe.
18. The City Council has determined that th~ extension of the
Moratorium is necessary for the protection of the pub ic health, safety,
property, or peace, including the protection of shor i line habitat that
supports a species threatened with extinction.
Section 2. Section 2 of Ordinance No. 2001-34 lis amended to read as
follows:
Term of Moratorium. The moratorium imposed in th s ordinance shall
take effect five days after its passage, approval publication as
required by law and shall continue in effect until and in luding March 1,
2003, unless repealed, extended or modified by the ity Council after
subsequent public hearing and entry of appropriate fmdings of fact
pursuant to RCW 35A.63.220.
Section 3. Severability . If any section, sentence, Iclause or phrase of this
ordinance shall be held to be invalid or unconstitutional br a court of competent
jurisdiction, such invalidity or unconstitutionality shall no. affect the validity or
constitutionality of any other section, sentence, clause or phras~ of this ordinance.
Section 4. Effective Date. This ordinance shall taJFe effect and be in force
five days from and after its passage, approval and publication ~s required by law.
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PASSED by the City Council this 14th day of August, 2op2.
APPROVED by the Mayor this 15111 day of August, 2002j
ATTEST / A UTHENTICA TE:
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APPROVED AS TO FORM:
ROD P. KASEGUMA, City Attorney
ALED WITH THE CITY CLERK: August 14, 2002
PASSED BY THE CITY COUNCIL: August 14, 2002
PUBLISHED: Augu'st 21, 2002
EFFECTIVE DATE: August 26, 2002
ORDINANCE NO. 2002-29
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I, SUSAN P. KASPER, City Clerk of the City of Bainbridge Island,
Washington, certify the attached copy of Ordinance No. 2002-29, is a true and
correct copy of the Ordinance as it appears in the minutes book of the City of
Bainbridge Island.
DATED this 13th day of November, 2002.
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SUSAN P. KASPER, City Clerk