HARRIS, GARY L. & CATHERINE K.CITY CLERK
FEB 1' 1 9:28
CITY OF BAINBRIDGE ISLAND
OFFICE OF/THE ltEAi~JNG EXAMINER
APPLICATION FOR SHORELINE ) SSDP/C~22- ,00-!
SUBST~IAL DEVELOPMENT/ ) FINDINGS OF FACT
CONDITIONAL USE PERMIT ) CONCLUSIONS OF LAW
APPLICANT: GARY L. AND ) AND DECISION
CATHE~ K. HARRIS )
)
SUMMARY
Mr. and Mrs. Harris have filed an application for a Shoreline Conditional Use Permit to
build a l~ach acc~s stairway at their person~ residence. They reside on Wing Point Road in
B~nbridge Island. Their east property line is a steep shoreline bluff approximately 100 feet in
vertic~ 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 tightlin¢ drainage pipe for their
stormwater system. The beach access stairway will serve a dual purpose, prodding 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. Zcman, a professional Geotechnical
Engineer, to study the site and make recommendations on this stairway project. Mr. Zcman
concluded that proper construction of this beach access stairway will neither increase nor decrease
thc 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
Pormit i~ 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.
Hsxris who reside at 7000 Wing Point Road, Bainbridge Island, Washington 98110. The project
site is legally described as:
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Gary L. and Catherine K. Hams Page -1- City of Bainbridge Island
LEGAl' DESCRIPTION ASSESSORS ACCO UNT NO. 4111-000-02 6-010 7. That
portion of Tract 26, Madrono Park, as per plat recorded m 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. OO 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 W~hington Avenue (vacated), then southerly along said west
margin to a line which is 368.80feet south andparallel to the original north line
of Tract 19, plat of saidMadrono Park (Auditor 'stile no. 261732); thence
westerly along said tnarallel line to the west line of said Tract 26; thence northerly
along said westerly line to the tpob.
Together with that portion of vacated IVashington Avenue, adjoining and together
with, any upland lying m front thereof between the north and south lines of said
premises produces easterly to the meander line except all road- including the west
40. OO feet of said Tract 2 6.
2. On December 20a, 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 he.~ng was mailed to the owners of property
within 300 feet of the proposed project, and notices were posted at the City Hall, thc Chamber of
Commerce, and the Ferry Terminal on. December 1, 2000; notice was posted at the subject-
property on December 1, 2000. [~IBIT 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 ~wer 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 dcwatering well was
placed on the property at the recommendation of the Geotechnical Engineer, Mr. Alvin Zeman, to
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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
fac~ 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
wa~ the site of shallow slide activity. According to Mr. Zcman's report, this slide activity was
caused by seepage from a water beating sand zone estimated to be 1-2 f~. 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 tightlincs 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 furore 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
ve~tation. The vegetation is rooted in the weathere~ 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 coveting of jute matting or similar material is recommended by Mr. Zeman. The soil
at this site has been identified as Dystric XcrOrthcnts 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
Ensin~r. Mr. Hofm¢ister has designe~ the staircase in a zi~ 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
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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 ofNonsignificance (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 t~. 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 potemial
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
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Gary L. and Catherine K. Hams Page -4- City of Bainbridge Island
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!0.)
·
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 m.
The final SEPA MI)NS mitigation measures provide for temporary erosion control and permanent
stormwater control plans that comply with the Washington Department of Ecology Stormwater
M~nual. 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
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Gary L. and Catherine K. Hams Page -5- City of Bainbridge Island
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 He. rig Examiner and all public notice requirements have been met in a timely manner.
2. This application requires a Shoreline Substantial Development/Conditional Use Permit
becau~ it is an application for a beach access staircase to be located in a native veg~ation zone.
It will serve a single family residence located in the Semi-Rural shoreline environment. '(Specific
Shoreline Use Policies and Regulati°n~, K. Residential Development, Regulations-General 16.).
3. This application must comply with the criteria set forth in Section VII of the Shoreline
Ma~ter 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) StaffReport [EXHIBIT 22] and
in the Findings of Fact included in this Decision. Testimony at the heating 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 publ~c use of the public shoreline.
The beach access stairway proposed for thc 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 statewid¢ significance. There is no pedestrian access to the
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Gary L. and Catherine K. Harris Page -6- City of Bainbridge Island
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, ~ (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.
Thi~ prope~ has been desis~ated as a Semi-Rural Shoreline Environment. It has been d~velop~
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 g¢ot¢chnical 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 MI)NS 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
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Gary L. and Catherine K. Hams Page -7- City of Bainbridge Island
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 en~ronment.
8. Shoreline Master Program, Section VII, J, 2, a, (5) requires: The public interest suffers no
substtmt~al 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
Hams 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 equipmem 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.
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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 t°
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 1 O, 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 heating
by Mr. Hofmeister, Professional Engineer, and Mr. Hofmeister's testimony at the heating 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 thc personal residence on the site
and is permitted under the policies of the Shoreline Master Program. The proposed design and
loc~tion 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
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Gary L. and Catherine K. Hams Page -9- City of Bainbridge Island
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:
la. 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 writin8 by'
the Washington State Department offish and Wildlife.
lb. 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 Developmem, 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 shah 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 shah 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.
1 c. 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
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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.
ld. 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.
1 e. 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.
If. 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.
lg. 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).
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1 h. In order to prevent loss of signifi~t 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 storrnwater 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 fiat 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.
b. 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 proposexl 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 th~ City's intention that th~ landowners b~ 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
SSDP/CUP08-22-00-1 Hearing Examiner
Gary L. and Catherine K. Hams Page -12- City of Bainbridge Island
Geoteehnical Engineer.
c. The consulting geoteehnical 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.
d. Mr. Zeman, in his Geotechnieal 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.
e. 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.
f. 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.
g. 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 followin$
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
SSDP/C~8-22~- 1 Hearing Examiner
Gary L. and Catherine K. Hams Page -13- City of Bainbridge Island
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 necessa~ 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 ascncy approvals and lspprovcd drawings shall bc vcn 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.
SSDP/C~8-224)0-1 Heating Examiner.
Gary L. and Catherine K. Hams Page -14- City of Bainbridge Island
DECISION
The application for a Shoreline Substantial Development/Conditional Use Permit filed by
Cr'~ 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
Robin Thom~ B~:er
Hearing Examiner Pro T em
APPEAL
This Decision is final, unless within 21 calendar days of the date of the Decision of the H~ng
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 ~eneral in accordance with Shoreline
Master Program Section VII, J, 6.
SSDP/CUP08-22-~- 1 Hearing Examiner
Gary L. and Catherine K. Hams Page - 15- City of Bainbridge ISland