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Harris.HEX CITY OF BAINBRIDGE ISLAND OFFICE OF THE HEARING EXAMINER APPLICATION FOR SHORELINE ) SSDP/CUP08-22-00-1 SUBSTANTIAL DEVELOPMENT/ ) FINDINGS OF FACT CONDITIONAL USE PERMIT ) CONCLUSIONS OF LAW APPLICANT: GARY L. AND ) AND DECISION CATHERINE K. HARRIS ) ____________________________________) SUMMARY Mr. and Mrs. Harris have filed an application for a Shoreline Conditional Use Permit to build a beach access stairway at their personal residence. They reside on Wing Point Road in Bainbridge Island. Their east property line is a steep shoreline bluff approximately 100 feet in vertical height which adjoins the Puget Sound shoreline. Mr. and Mrs. Harris wish to build a zigzag-patterned beach access stairway on which they will attach a tightline drainage pipe for their stormwater system. The beach access stairway will serve a dual purpose, providing recreational access to the beach frontage and providing access for maintenance of the stormwater drainage piping along the face of the bluff. The shoreline bluff has been identified as a geologically hazardous area. The applicant has retained Mr. Alvin R. Zeman, a professional Geotechnical Engineer, to study the site and make recommendations on this stairway project. Mr. Zeman concluded that proper construction of this beach access stairway will neither increase nor decrease the stability of the existing bluff slope. This beach access stairway project is a continuation of a stormwater drainage control project begun in late 1999, after sliding had occurred on the bluff in front of the Harris residence. In late 1999, the applicants received a Shoreline Letter of Exemption to place a dewatering well approximately 10 feet landward of the shoreline bluff-top to help ensure the stability of the slope. This beach access stairway will be constructed in the native vegetation zone along the shoreline, however, conditions will be imposed on the project to ensure minimal site disturbance and replacement of native vegetation removed during construction. This access stairway will be constructed on the face of the bluff and will be located above the Ordinary High Water Mark on the shoreline. The Shoreline Substantial Development/Conditional Use Permit is granted with conditions. FINDINGS OF FACT 1. This application for Shoreline Substantial Development/Conditional Use Permit seeks permission to construct a beach access stairway on property owned by Gary L. and Catherine K. Harris who reside at 7000 Wing Point Road, Bainbridge Island, Washington 98110. The project site is legally described as: LEGAL DESCRIPTION ASSESSORS ACCOUNT NO.4111-000-026-0107. That portion of Tract 26, Madrono Park, as per plat recorded in Volume 1 of plats, Page 49, Records of Kitsap County described as follows: beginning at the northwest corner of said Tract 26, thence southerly along the west line of said tract 26, 50.00 feet more or less to a fence as established on 3-17-66 and the tpob (all on record, Auditor No. 873581). Thence easterly along said fence line to the west margin of Washington Avenue (vacated), then southerly along said west margin to a line which is 368.80 feet south and parallel to the original north line of Tract 19, plat of said Madrono Park (Auditor’s file no. 261732); thence westerly along said parallel line to the west line of said Tract 26; thence northerly along said westerly line to the tpob. Together with that portion of vacated Washington Avenue, adjoining and together with, any upland lying in front thereof, between the north and south lines of said premises produces easterly to the meander line except all road- including the west 40.00 feet of said Tract 26. 2. On December 20th, 2000 a Public Hearing was held before the Hearing Examiner to consider the application. Prior to the hearing, notice was published in the Bainbridge Review on December 2nd and 9th, 2000; notice of the public hearing was mailed to the owners of property within 300 feet of the proposed project, and notices were posted at the City Hall, the Chamber of Commerce, and the Ferry Terminal on December 1, 2000; notice was posted at the subject property on December 1, 2000. [EXHIBIT 20.] 3. The Harris residence is located on a residential lot, approximately .76 acres in size. The residence is located parallel to the shoreline approximately 65 feet landward of the bluff-top. The eastern property line consists of a steep shoreline bluff which overlooks Puget Sound. 4. The Harris property has a zoning designation of R-2.9, allowing a density of 2.9 units per acre. The property has been assigned a Shoreline Environment designation of Semi-Rural and a Comprehensive Plan designation of Semi-Urban Residential. The surrounding properties have also been designated on the City’s Comprehensive Plan’s Land Use Map as Semi-Urban Residential. 5. Vehicular access to the site is off of Wing Point Road. There is no pedestrian access from the upland portion of this site to the shoreline at the toe of the slope. 6. The Harris residence is provided water and sewer through the City of Bainbridge Island public water and sewer system. A stormwater collection system is in place on the site. In late 1999, a Shoreline Letter of Exemption was issued to the applicants allowing placement of a dewatering well approximately ten feet landward of the top of the bluff. This dewatering well was placed on the property at the recommendation of the Geotechnical Engineer, Mr. Alvin Zeman, to collect seepage flows from the property and help with slope stabilization. A stormwater collection system on the site is designed with a tight line drainage feature that discharges stormwater via PVC pipe at the toe of the slope. This stormwater collection system will be modified as a part of this beach access stairway project. The PVC pipe carrying stormwater down the face of the slope will now be attached to the bottom of the staircase and stormwater will be dispersed into an energy dissipater at the toe of the slope before discharge into Puget Sound. 7. Mr. Harris testified that the sections of PVC pipe which carry stormwater down the bluff face are difficult to maintain since access to the vegetated bluff face is limited. Over the course of the Harris’ ownership of this residence, the stormwater PVC piping has on several occasions become clogged and sections of the pipe have separated. In the Spring of 1999 the bluff slope was the site of shallow slide activity. According to Mr. Zeman’s report, this slide activity was caused by seepage from a water bearing sand zone estimated to be 1-2 ft. thick, located 20-25 ft. below the crest of the bluff. The dewatering well has been constructed on the property to improve that condition. The stairway will be used to carry the tightline pipe which discharges both the surface stormwater and the shallow subsurface water collected along the slope. Connecting the stormwater drainage pipe to the stairway structure will provide a more stable platform for carrying the surface water tightlines to the base of the slope and will allow for inspection and maintenance of the lines. In addition, the stairway will provide a means for monitoring any future slide activity on the slope. 8. The Shoreline Master Program under Section V. K. Reg.9; allows a beach stairway to be located within the native vegetation zone on a shoreline lot, provided the construction of the stairway conforms to all other City and State requirements. 9. The shoreline bluff face on the east side of the Harris property is covered by thick vegetation. The vegetation is rooted in the weathered soil layer on the face of the slope and provides some erosion control protection. It is particularly important that vegetation removal be minimized in the construction area, and any vegetation removed should be replaced immediately upon completion of the construction of the stairway. Protection of the slope during construction by a surface covering of jute matting or similar material is recommended by Mr. Zeman. The soil at this site has been identified as Dystric Xerorthents by the Kitsap County Soils Survey. The hazard of water erosion for soil of this type is high and it is recommended that the use of equipment on this soil be severely limited. 10. The beach access staircase has been designed by E. Frank Hofmeister, Professional Engineer. Mr. Hofmeister has designed the staircase in a zigzag pattern with landings at 12 foot intervals. The staircase will cross the face of the slope, beginning at the top of the bluff and ending approximately 25 feet above the toe of the slope. This switchback design is similar to an approved staircase design proposed for the residence of Everett and Gladys Paup on adjoining property. This switchback design localizes the impact of staircase construction on the site. Early in the planning process, the Harris’ and the Paups considered a joint use staircase for beach access and to carry drainage tightlines down to the toe of the slope. Because of the location of the stormwater drainage systems on the two properties, and other considerations of the owners of the properties, a joint use staircase was not feasible. The Harris staircase will be located approximately 220 feet north of the proposed location for the Paup beach access staircase. 11. The preliminary plans for the Harris staircase call for a series of stairways and landings which traverse the slope, however, due to the varying slope angle, the alignment of the staircase will have to be adjusted in the field so that the landings can be located on the less steep portions of the slope. The stairway landings will be supported by wood posts augered into the slope soils and backfilled with concrete. Mr. Zeman has recommended that these support pillars be founded in the underlying dense glacial till rather than in the top layer of weathered soils which are not suitable for the support of the stairway. A geotechnical engineer will supervise construction of this beach access stairway to ensure its proper design to protect the stability of the slope. 12. At the hearing, Mr. Hofmeister testified that he expects to construct this stairway from the upland portion of the property, however, because the bluff is approximately 95 feet in height with a slope angle exceeding 45 degrees, the project may require equipment and materials for construction to be brought to the site by barge from the water side. The shoreline of Puget Sound, which abuts this property, contains potential habitat for both shellfish and salmon. If construction activities or clearance of the site are done from the shoreline rather than from the upland portion of the site, additional Federal and State permits will be required. 13. Vegetation will be removed from the native vegetation zone during construction of this beach access staircase. Replanting of native species after construction has been required as a condition of the SEPA Mitigated Determination of Nonsignificance (MDNS). This MDNS was issued on November 4, 2000 and was not appealed. 14. Section V. of the Shoreline Master Program, in Section K. Residential Development, allows a stairway to the beach to be built within the required native vegetation zone on a shoreline property. In this instance a 50 ft. native vegetation zone has been designated. The stairway to the beach will be located, of necessity, within that native vegetation zone. Stairways exceeding 120 sq.ft. in footprint require a Conditional Use Permit, as well as a Building Permit. 15. This staircase will be built on the shoreline of Puget Sound, therefore, there is a potential for encountering archeological sites. The SEPA MDNS requires notification to the City if any archeological sites or artifacts are discovered during construction. This condition conforms with the requirements of the Shoreline Master Program, Section III. A. 16. This property is not bulkheaded at the shoreline. No bulkhead or other shoreline armoring are required to protect this beach access stairway after construction. In accordance with the Shoreline Master Program, accessory structures must be located and designed to avoid the need for structural shoreline defense. (Shoreline Master Program, Section V, K, Reg.10.) 17. The proposed beach access staircase will not obstruct continuous pedestrian access across the beach at the shoreline. Public access is not available from the upland portion of this site. Free movement across the waters of Puget Sound will not be obstructed by the building of this staircase on the bluff. This staircase will be visible from the beach shoreline and from the adjoining waters. The staircase will not be visible from adjoining properties along the shoreline. The staircase platform will be at the crest of the bluff and will continue in a zigzag pattern down the face of the bluff. Native vegetation will be maintained on the slope and will be trimmed back only to maintain the use of the stairway for access to the beach. This staircase will be the third constructed along this shoreline bluff. Several years ago a beach access stairway was built on the property of Gary Waterman, two properties to the south of the Harris lot, and in December of 2000 a similar zigzag pattern beach access stairway was approved for construction on the Paup residential site immediately neighboring the Harris’. This access stairway and tightline outfall will be built landward of the Ordinary High Water Mark on the Harris’ property. The proposed staircase design is very visually intrusive on the natural bluff, however, conditions which will be attached to its approval will reduce its impact on the shoreline by requiring that the staircase be painted with a non-reflective natural color to blend in with native vegetation and soils on the shoreline bluff. Surrounding vegetation will remain to camouflage the staircase. 18. The Shoreline Master Program contains regulations to protect water quality in Section III. The final SEPA MDNS mitigation measures provide for temporary erosion control and permanent stormwater control plans that comply with the Washington Department of Ecology Stormwater Manual. The present stormwater collection system will be improved by the stabilizing of the PVC piping by anchoring it to the beach access stairway. Maintenance of the stormwater drainage system can then be done without further slope disturbance. 19. The staircase is proposed to be located in the center of the Harris’ lot, well beyond the 30% side setbacks required for residential development on the shoreline. 20. The geotechnical report issued by Zipper Zeman Associates on December 27, 1999 [EXHIBIT 2] states that the staircase installation proposed by the applicant will not make the bluff along the shoreline less stable. In compliance with BIMC 16.20.080 the applicant has provided a geotechnical analysis of the geologically hazardous slope located on their property. Soil slumping has occurred on the Harris’ property. Mr. Zeman has cautioned that this slope will still experience periodic episodes of downslope shallow slope movement, especially at times of unusually heavy rainfall during the winter months. Mr. Zeman cautions that there is an underlying risk that the periodic shallow slope movement may damage portions of stairway and require repair. In Mr. Zeman’s opinion, there is essentially no method of precluding such shallow slides, except for good surface water management at the top of the slope. The surface and sub-surface water collection systems in place on the Harris’ property were considered adequate and no additional systems were recommended by the Geotechnical Engineer. Mr. Zeman’s report makes four recommendations for this project based on the site constraints and the soil types on and within the slope. These recommendations have been incorporated into the conditions of approval for this project. CONCLUSIONS OF LAW 1. This application for Shoreline Substantial Development/Conditional Use Permit is properly before the Hearing Examiner and all public notice requirements have been met in a timely manner. 2. This application requires a Shoreline Substantial Development/Conditional Use Permit because it is an application for a beach access staircase to be located in a native vegetation zone. It will serve a single family residence located in the Semi-Rural shoreline environment. (Specific Shoreline Use Policies and Regulations, K. Residential Development, Regulations-General 16.) 3. This application must comply with the criteria set forth in Section VII of the Shoreline Master Program under J, 2, a (1) through (6). 4. Shoreline Master Program, Section VII, J, 2, a (1) states: The proposed use will be consistent with the policies of RCW 90.58.020 or its successor and the policies of the Master Program. A review of the Shoreline Master Program policies relating to this project can be found in the Department of Planning and Community Development (DPCD) Staff Report [EXHIBIT 22] and in the Findings of Fact included in this Decision. Testimony at the hearing demonstrated that the proposed beach access staircase project is consistent with the policies of the Shoreline Master Program. A beach access stairway is specifically permitted as an accessory structure to a single family residence built in the Semi-Rural Shoreline Environment. Mitigation measures have been recommended by the DPCD, which will ensure compliance with the policies and regulations of the Shoreline Master Program. 5. Shoreline Master Program, Section VII, J, 2. a, (2) requires: The proposed use will not interfere with the normal public use of the public shoreline. The beach access stairway proposed for the Harris property will be constructed on the face of the shoreline bluff above the Ordinary High Water Mark. The staircase will not interfere with or intrude upon the waterways of Puget Sound, and will not interfere with beach pedestrian access presently enjoyed on this shoreline of statewide significance. There is no pedestrian access to the shoreline from the upland portion of the Harris’ property without this staircase. Public pedestrian access to the shoreline in the front of the Harris’ property is limited. The present access to the shoreline from the waterside will not change. The Harris’ property contains no moorage along the beach. 6. Shoreline Master Program, Section VII, J, 2, a, (3) requires: The proposed use of the site and design of the project will be compatible with other permitted uses within the area. This beach access staircase is to be used as a private access to the beach from the single family residence located on the property. The residence has been located on this property since approximately 1940. Private residential uses and appurtenances such as this stormwater tightline drainage system and beach access stairway are specifically permitted in this Semi-Rural Shoreline Environment. This staircase is similar to other staircases already constructed on high bluff faces in the vicinity and on other similar high bluffs on the shoreline elsewhere in the City. While the staircase will change the natural landscape of the slope, the change to that natural landscape view will be minimized by the retention of natural vegetation and replacement of vegetation removed during construction activities. Only minimal trimming of vegetation around the stairway will be allowed. This staircase will not be visible from adjoining properties, but will be visible from the shoreline and from the waters of Puget Sound. The staircase is to be located entirely on the applicants’ property and will be out of view of neighbors on either side. It will be compatible with other permitted uses of properties in this area. Both the Paup property and the Waterman property have received Conditional Use Permit approval for beach access stairways in this neighborhood. 7. Shoreline Master Program, Section VII, J, 2, a, (4) requires: The proposed use will cause no unreasonably adverse effects to the shoreline environment designation in which it is located. This property has been designated as a Semi-Rural Shoreline Environment. It has been developed for single family residence for more than 50 years. Under the Shoreline Master Program, a beach access staircase is permissible in a Semi-Rural Shoreline Environment provided a Conditional Use Permit is obtained. The applicants provided a geotechnical engineer’s report discussing the stability of the geologically hazardous slope on the shoreline bluff in compliance with BIMC 16.20.080. This staircase is to be built on the face of this geologically hazardous area and special conditions have been attached to protect the stability of the slope. The geotechnical report of Zipper Zeman Associates, Inc., dated December 27, 1999 concludes that “proper construction of the stairway will neither increase or decrease the stability of the existing slope... Assuming any disturbed areas are revegetated, the potential for surface erosion or shallow downslope soil movement will remain unchanged.” [EXHIBIT 2.] The proposed use of this shoreline bluff for construction of a beach access stairway will cause no unreasonably adverse effects to the shoreline on which it is located. Mitigation measures required by the SEPA MDNS will minimize any adverse impacts caused by construction of this staircase on the bluff. Protections for water quality and erosion control have been included. Vegetation trimming has been kept to a minimum to help camouflage the staircase and minimize the visual impact on the natural shoreline. When properly constructed, in compliance with the conditions of approval, this proposed use will cause no unreasonably adverse effects to the shoreline environment. 8. Shoreline Master Program, Section VII, J, 2, a, (5) requires: The public interest suffers no substantial detrimental effect. The public will continue to have access over the waters of Puget Sound adjacent to the Harris shoreline. Pedestrian access along the shoreline will remain unchanged. Locating the staircase on the bluff face will alter the visual landscape of the native vegetation zone on the shoreline bluff, however, that visual landscape is visible only from the water side. Minimal vegetative trimming will be allowed around the staircase to maximize the camouflage effect on the staircase. The staircase will also be treated with non-reflective material to blend in with the shoreline environment. The adjoining neighbors will not see the staircase, except perhaps the uppermost portion of the first landing. Pedestrians along the shoreline and boaters in the waters of Puget Sound, will now see a staircase that did not previously exist. Conditions have been required under the MDNS to protect the native vegetation zone in which the staircase is to be built. This beach access stairway is a permitted accessory structure for single family residences built in the Semi-Rural Shoreline Environment. The stormwater tightline system and the beach access staircase will be built in conformance with City and State code requirements. The public interest will suffer no substantial detrimental effect from the building of this beach access stairway on the Harris property. 9. Shoreline Master Program, Section VII, J, 2, a, (6) requires: The proposed use is consistent with the provisions of the zoning ordinance (BIMC Title 18) and the Comprehensive Plan (Ordinance 94-21). The proposed staircase and stormwater tightline drainage system are built to serve a single family residence located on the Harris property. Residential uses are specifically permitted within this residential zone (R 2.9). The beach access staircase and the stormwater features are accessory uses for the single family residence. The policies of the Comprehensive Plan will be met by the design of the project and through conditions placed upon the project in the SEPA process and the CUP process. A vegetation management plan will be required for the maintenance of the native vegetation zone on the shoreline bluff to protect the bluff and the shoreline during construction and after completion of the project. The applicant, as required by BIMC 16.20.080, has filed a geotechnical engineer’s report providing an analysis of the geologic conditions located on the site. The beach access staircase has been designed in a zigzag pattern to minimize the disturbance to the slope and to minimize the impact on the native vegetation zone in which it is located. An indemnification agreement will be required from the applicants in accordance with BIMC 16.20.080.C, (2), g. If the applicants’ project requires supplies and/or construction equipment to be brought to the site by water, or if construction activities are to be conducted from the shoreline additional permits from the State and Federal agencies will be required prior to construction . 10. The Harris property is located on a shoreline of statewide significance, the shoreline of Puget Sound. Shoreline Master Program Section III. H, lists policies for shorelines of statewide significance located in the City of Bainbridge Island. This proposed beach access staircase, when constructed in accordance with mitigation measures required by the SEPA MDNS and the Conditional Use Permit will meet the intent of those policies. Protections for the shoreline in the adjoining waters of Puget Sound have been included in the required mitigation measures. The project will be constructed under the supervision of the consulting geotechnical engineer to ensure that the site chosen for the staircase is the location on the Harris’ shoreline bluff least susceptible to landslide or erosion risks. The Department of Public Works has required that the Project Engineer provide a stamped certification stating that “the project has been inspected and has been constructed and functions in general accordance with the recommendations of the Project Engineer.” Prior to construction at the site, the Engineer will be required to provide a letter to the Building Department verifying that he has reviewed and approved the plans and design and has inspected the located for the stairway support piers. The consulting Engineer must also certify that to the best of his professional knowledge the site is safe to build on and use by all reasonable and applicable engineering standards, and that in his professional opinion, the geotechnical risk to adjacent properties is not increased by the proposed construction of this beach access stairway on the Harris property. 11. Shoreline Master Program, Section V, K, Regulation 10, requires that this beach access stairway, which is an accessory structure to the single family residence on the property, be located and designed to avoid the need for structural shore defense. The plans submitted at the hearing by Mr. Hofmeister, Professional Engineer, and Mr. Hofmeister’s testimony at the hearing show a location for this staircase in the center of the Harris lot, approximately 25 feet above the shoreline and approximately 14 feet above and landward of the Ordinary High Water Mark. No request for shoreline armoring has been included in this application and none is required for the project. 11. This approval is based on the drawings submitted by the applicant dated August 16, 2000. The drawings were prepared by E. Frank Hofmeister, Professional Engineer, and were received by the City of Bainbridge Island Department of Planning and Community Development by date stamp August 22, 2000. 12. This beach access staircase is an accessory structure for the personal residence on the site and is permitted under the policies of the Shoreline Master Program. The proposed design and location on this shoreline lot has been approved by consulting Geotechnical Engineer and is an appropriate additional use for this shoreline lot provided certain conditions of approval are met during the construction and maintenance of this staircase and stormwater drainage conveyance system. The conditions of approval attached to this Decision are required to ensure conformance with the requirements of the Shoreline Master Program within the Bainbridge Island Municipal Code and the policies of the Bainbridge Island Comprehensive Plan. Mitigation measures were required for SEPA approval and additional conditions are required for Conditional Use Permit approval. The following conditions are necessary to bring this project into compliance with the Shoreline Master Program, the Bainbridge Island Comprehensive Plan and the Bainbridge Island Municipal Code: SEPA Conditions: 1a. To prevent degradation of existing fish habitat, including juvenile salmonids, any and all construction activities waterward of the Ordinary High Water Mark on the shoreline shall not be permitted from March 15 through June 14, unless otherwise permitted in writing by the Washington State Department of Fish and Wildlife. 1b. To prevent degradation of shoreline bluff stability, water quality, and habitat area, a vegetation management plan shall be submitted to and approved by the Director of Planning & Community Development, concurrent with a building permit application, which includes at a minimum the following items: i. Removal of existing vegetation shall be limited to that necessary for placement of support pilings and stormwater control measures. The plan shall specify in no case will overstory vegetation with a trunk larger than twelve inches diameter at breast height be removed in conjunction with the staircase placement or maintenance. ii. All removed vegetation shall be immediately replaced with native species appropriate to Puget Sound shoreline bluffs. Replacement species, quantity and locations shall be specified within the plan. iii. Vegetation not proposed for timming or clearing during construction activities shall be clearly marked with paint application or flagging to avoid inappropriate removal. iv. A maintenance schedule shall be included in the plan, to ensure on-going health of vegetation across the bluff face. Minor trimming of vegetation may occur to prevent fouling of the staircase steps with vegetation. v. All necessary permits shall be obtained before any disturbance to the site. 1c. To avoid degradation of water quality and shoreline bluff stability during temporary construction activities and on-going maintenance of the site, prior to site disturbance, a set of Best Management Practices (BMP’s) for erosion and sediment control shall be submitted to and approved by the City of Bainbridge Island City Engineer. Construction shall be done in such a manner that it shall not increase the rate of surface water runoff or sedimentation runoff from the site and shall not increase the geological hazard for adjacent properties. Due dilligence shall be taken to identify and keep equipment operations and construction activities within a minimal construction activity area. The BMP’s shall be designed by a professional engineer with expertise in such measures. 1d. To avoid degradation of water quality and shoreline bluff stability, design of the staircase and permanent stormwater features shall be reviewed and approved by the private, consulting professional engineer. Final City of Bainbridge Island acceptance of the project shall require professional engineer stamped certification by that consulting engineer that the project has been designed, inspected, and has been constructed and functions as recommended by that consulting engineer. Final certification by the City shall also include operation and maintenance recommendations for the staircase and stormwater features. All information, including risk and indemnification, must be made available to all future purchasers of the property. Final certification shall be submitted to the City of Bainbridge Island City Engineer for acceptance, prior to building permit certification for occupancy (use) of the staircase. 1e. To prevent degradation of water quality and habitat, the staircase design shall not utilize support pilings composed of new or used creosote treated wood materials. 1f. To avoid degradation of water quality, no over-water application of paint, preservative treatment or other chemical compounds shall be permitted. Extreme care shall be taken to prevent petroleum products, chemicals, or other toxic or deleterious materials from entering the water and degrading water quality. If a spill does occur, or if an oil sheen or distressed or dying fish are observed in the project vicinity, work shall cease immediately and Washington Department of Ecology shall be notified of such conditions. Contact: Northwest Regional Spill Response Section at (206) 649-7000. 1g. To avoid the need for further shoreline structural features, future protection of the staircase by shoreline armoring will not in and of itself be reason for approval of such armoring (for example, a rock bulkhead at the toe of the slope to prevent the staircase from falling down). 1h. In order to prevent loss of significant archaeological resources, the following measures shall be taken in the event phenomena of possible archaeological interest is uncovered during placement of the staircase: all work will stop immediately and notification shall be promptly given to the City and State Office of Archaeology and Historic Preservation. In such a case, the applicants shall be required to provide for a site inspection and evaluation by a professional archaeologist to ensure that all possible valuable archaeological data is properly salvaged. The applicants shall receive permission from the State Office of Archaeology and Historic Preservation prior to further disturbance of the site (RCW 27.53.070 or its successor). Non-SEPA Conditions: 2. To obscure the staircase from view and to camouflage the structure to blend into the natural vegetated bluff, the staircase and stormwater conveyance pipe shall be constructed of non-reflective materials that are compatible in color and texture with the surrounding area. If the structure is colored or painted, neutral or flat grays, browns or tans must be used to blend in with the colors of the bluff soils and vegetation. 3 Prior to site disturbance, an approved building permit shall be secured for the staircase. Design of the feature shall be engineered and stamped by a professional engineer licensed in the State of Washington with expertise in such features. 4. a. The final site plan design for the staircase must include a written determination by the applicants’ consulting geotechnical engineer that the site chosen for the staircase is the location on the shoreline bluff on the site least susceptible to landslide or erosions risks. The final site plan shall also include a written statement by the consulting Geotechnical Engineer which informs the owners and future owners of the engineer’s professional opinion of the overall risk of failure of the proposed beach access stairway project, and an evaluation of its possible impacts on the shore line bluff where it is built. The overall risk of failure and impact to the structure shall be stated in a quantified manner based on the Geotechnical Engineer’s professional opinion. It is the City’s intention that the landowners be provided information so that they accurately understand the risk to a reasonable degree of certainty given the information available from the Engineering Report. This beach access stairway is being constructed on a geologically hazardous slope and the overall risk involved in a project of this type must be communicated to the owner by the Geotechnical Engineer. The consulting geotechnical engineer shall review the final site plans, building plans and relevant design documents, including pier placement, prior to construction. Piers shall not be placed until this engineer provides a letter to the Department of Planning and Community Development verifying he has reviewed and approved the plans and design and has inspected the staked location for the stairway support piers. Mr. Zeman, in his Geotechnical Report dated December 27, 2000, included four specific recommendations for this project on pages 2 and 3 of that report. Those recommendations are made requirements of this project approval. The recommendations of the Engineer shall be followed without variance. The recommendations include requirements for footing design, pier design, lumber specifications, facility location, fill materials, drainage design and construction monitoring. All other recommendations included in the Geotechnical Professional Engineer’s Report must be incorporated into the design and construction of the project. All subsurface features recommended by the professional engineer (including any stormwater piping and footing drains) shall be inspected by that professional engineer prior to backfilling. Final acceptance of the project shall require professional engineering stamped certification by the project engineer stating that the project has been inspected, and has been constructed and functions in general accordance with the recommendations of the project engineer. The final certification shall also include operation and maintenance recommendations for the project including maintenance of the stormwater drainage features and vegetation management. All geotechnical-technical information, including risk and indemnification, must be made available to all future purchasers of the property. Final certification shall be submitted to City Department of Planning & Community Development, and reviewed and accepted by the city Department of Public Works – Engineering prior to final inspection. Prior to acceptance by the City a final certification for this project, the consulting Geotechnical Engineer must provide a statement to the City Department of Planning and Community Development and the City Engineer which states that in his professional opinion the following statements are true for this beach access stairway and stormwater drainage system project: “to the best of our professional knowledge the site is safe to build on and use by all reasonable and applicable standards” and, “in our professional opinion the geotechnical risk to adjacent properties is not increased by the proposed construction.” 5. a. The applicant is required to indemnify and hold the City of Bainbridge Island, its agents, their heirs, or assigns forever harmless for any damage directly or indirectly related to the geotechnical-technical stability of this site. This includes indemnification for unintended results from maintenance, modification, or aging of drainage facilities (or any other City or private facilities) that may or may not have any impact on the site of any buildings or facilities thereon. b. Prior to site disturbance, a hold harmless agreement for all activities and structures on the shoreline bluff shall be duly executed in a form approved by the City Attorney, pursuant to BIMC 16.20.080(C)(2)(g). This signed indemnification agreement shall be recorded with the Kitsap County Auditor to give notice of the risk and indemnification responsibilities to all subsequent owners of the property. 6. Prior to the commencement of construction on this project, the applicant shall notify the City Engineer of the method of operation to be used for construction of this staircase at the site. Prior to any site disturbance, a determination must be made by the applicant as to whether access for construction activities will be from the upland portion of the property, or from the shoreline at the toe of the bluff. After the City Engineer has approved this decision, then all necessary permits must be obtained for the chosen access. In addition to City building permits, access from the water side will require additional permits from the State of Washington and may require additional permits from the U.S. Army Corps of Engineers, since access would be over the waters of Puget Sound. All necessary permits must be obtained before any disturbance of the site. 7. This approval of application for Shoreline Substantial Development/Conditional Use Permit is based on drawings submitted by E. Frank Hofmeister, PE., dated August 16, 2000, and date stamped by the City of Bainbridge Island on August 22, 2000. 8. All necessary permits shall be obtained before any disturbance to the site. 9. Copies of all public agency approvals and approved drawings shall be given to all contractors performing work at the site. Mitigation measures required for the project shall be clearly emphasized on all documents. Conditions attached to the SSDP/CUP Permit shall be provided to all contractors performing work at the site. DECISION The application for a Shoreline Substantial Development /Conditional Use Permit filed by Gary L. and Catherine K. Harris for a permit to construct a beach access stairway on their residential property located at 7000 Wing Point Road NE, in the City of Bainbridge Island, is approved subject to the conditions listed above in Conclusion of Law 12. Dated this 31st day of January, 2001 /S/ Robin Thomas Baker Hearing Examiner Pro Tem APPEAL This Decision is final, unless within 21 calendar days of the date of the Decision of the Hearing Examiner, any party appeals the Decision to the City Council for review under BIMC 2.16.140. The final Decision approving the Substantial Shoreline Development/Conditional Use Permit shall be forwarded to the Washington State Department of Ecology for approval. A copy of the Decision shall also be sent to the Washington State Attorney General in accordance with Shoreline Master Program Section VII, J, 6.