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030304 Whitmore CITY OF BAINBRIDGE ISLAND OFFICE OF THE HEARING EXAMINER APPLICATION FOR ) CUP10943 CONDITIONAL USE PERMIT ) FINDINGS OF FACT APPLICANT: MICHAEL AND ) CONCLUSIONS OF LAW ANGELA WHITMORE ) AND DECISION ____________________________________) FINDINGS OF FACT 1. Michael and Angela Whitmore (Applicants) are the legal owners of a 5.75 acre parcel located at 5962 Whitmore Way NE in the City of Bainbridge Island. This parcel is Lot D of the Samson Short Plat recorded under Auditor’s file No. 961-2060-183-0184. A legal description for the property is attached to the application as Exhibit A [EXHIBIT 18]. This parcel is identified by Kitsap County Assessor’s Tax Lot No. 05240211092009. 2. The Applicant’s parcel is zoned R-1. Surrounding properties to the north, south and east have been zoned R-2. Properties to the west are zoned R-1. The Applicant’s property has a Comprehensive Plan designation of OSR 1. Surrounding properties are also designated OSR 1. Most parcels in the neighborhood have been developed for single-family residential use. The Applicant’s lot is a part of a four-lot short plat. Other lots in the short plat are located west of the Applicant’s property. One of those lots has a residence and two are undeveloped. The Rhodes End subdivision is immediately north of the Applicant’s property. 3. The application for a conditional use permit was filed on February 14, 2003. The Applicants wish to construct a second single-family residence on their property. This new residence is designed as a three-story building with a sport court under the residence. The living areas and sport court will total approximately 8,000 square feet. The Applicants now reside in the garage/carriage house. This garage/carriage house is more than 2000 square feet in size. The two residences will be accessed over a common driveway. The garage/carriage house does not qualify as an accessory dwelling unit (BIMC 18.06.010). Building a second residence requires a conditional use permit for multiple-family dwellings on a single lot. (BIMC 18.33.030(G) and 18.06.320). The resulting density will be one residence for each 2.8 acres of property. The development of this property for two single-family residences is consistent with the policies of the Comprehensive Plan for Open Space Residential development. A conditional use permit which allows a larger residence on the lot will maintain the residential nature of the neighborhood. Undeveloped land on surrounding properties has been subdivided for residential development, and many new homes have been built. 4. The site plan submitted by the Applicant was designed by Mr. Jason Fowers. The Site Plan has not been signed or stamped by a licensed professional architect. The plans submitted by Mr. Fowers were reviewed by Mr. John Peterson of Aspect Consulting, LLC. Mr. Peterson is a Geotechnical Engineer. Mr. Peterson provided a subsurface exploration, geologic hazard and geotechnical engineering report for the proposed residence [EXHIBIT 5]. The purpose of this geotechnical engineering study was to provide subsurface data to be utilized in the design and development of the Applicant’s new residence. The building area chosen for the residence is a grass covered 16% slope. Mr. Peterson states that, from a geotechnical standpoint, the building area is suitable for the proposed building project. Several design recommendations were included in his report. SEPA Condition No. 10 requires that all recommendations found in Mr. Peterson’s report must be adhered to and are conditions of approval for the project. 5. A Class III wetland has been identified on the southwest corner of the Applicant’s property [EXHIBIT 25]. This wetland connects with additional wetland areas located on properties to the south. The Applicants have planted fruit trees in an area identified as the wetland buffer for this Category III wetland. The City planning staff has recommended that a restoration plan be required for disturbed portions of the wetland and wetland buffer. This plan would require removal of the fruit trees and replanting of native vegetation in the buffer area. There are three wells located within the wetland area. Access to the wells is limited to pedestrian access over a pervious trail system. The Bremerton-Kitsap County Health District has approved continued use of water from these wells for irrigation only [EXHIBIT 48]. The proposed residence will be built outside the boundaries of the Category III wetland and wetland buffer. A Class IV stream crosses the southeast corner of the Applicant’s property. The existing driveway crosses that streambed. No alterations are planned to the existing driveway. The planning staff has recommended a condition which prohibits widening of the driveway in the area of the stream, or its associated buffer. A 15-foot building setback is required from the stream buffer boundary. The proposed house location is more than 150-feet from the edge of the wetland buffer, and is outside the building setback from the identified stream buffer. 6. The Applicant’s proposed residence would exceed the height limit of 30-feet required in the R-1 zone [EXHIBIT 64]. Buildings up to 35-feet in height may be allowed in the R-1 zone under a conditional use permit if the application meets the criteria of BIMC 18.108 and BIMC 18.33.070(A). 7. Mr. Fowers, the residence designer, submitted a site plan which describes view corridors from residences now built on surrounding properties [EXHIBIT 64]. This Exhibit demonstrates that view corridors presently enjoyed by residences on adjoining properties, will not be substantially affected by an increase in building height above 30 feet. SEPA conditions attached to the approval of the Samson short plat required the establishment of a 40-foot no-cut/no-build buffer on the south portion of Lot D. A 20-foot no-cut/no-build buffer was also required along the north and east portions of Lot D [EXHIBIT 24]. The planning staff has recommended that an additional 25-foot no-cut/no-build native vegetation perimeter buffer be maintained on the west property boundary. An additional 5-feet of no-cut/no-build native vegetation buffer will be added to the existing 20-foot buffer along the north and east property boundaries. These buffers will substantially screen views from off site residences onto the Applicant’s property. The building site for the new residence is located more than 60-feet from any neighboring property. Solar access for neighboring lots will not be reduced. A 350-foot wide forested buffer exists along the lot’s road frontage on Sorrel Drive. This residential building project will not require removal of any of that forested buffer. A 130-foot wide forested area remains along the southern property boundary. This forested area will also remain undisturbed [EXHIBIT 53]. 8. The Applicant’s property is Lot D of the Samson short plat (SPT 08-06-96-1) which was approved by the City on September 20, 1996. The Department of Public Works approved a stormwater management system designed by Browne Engineering, Inc. for properties in the short plat. After the Samson short plat approval, neighboring properties owned by the Hayashidas and the Fujitas were also short platted. Brown Engineering, Inc. also designed the stormwater management systems for those short plats. The Hayashida/Fujita stormwater system was connected to the Samson system after approval by the City Engineer. Browne Engineering’s analysis showed that the constructed joint stormwater control system would be adequate to handle the build out anticipated for the three short plats, i.e. Samson (6 residences), Hayashida/Fujita (8 residences) [EXHIBIT 66]. This new stormwater system was connected to an existing stormwater system on Lot A of the Samson short plat. No alterations were made to the Lot A stormwater system. Mr. David Browne testified that the Samson/Hayashida/Fujita stormwater system has adequate capacity to accept additional stormwater runoff from the proposed second residence on the Whitmore property. The Spencer property (Lot A of the Samson short plat) contains approximately 735 lineal feet of the storm drainage pipeline which extends from the Hayashida development to Crystal Springs Drive. The entire system is approximately 1,700 lineal feet. According to drawings submitted by Browne Engineering, Inc., the pipeline consists of 12-inch and 18-inch diameter pipe which collects stormwater from the Spencer property and up slope developments that include Rhodes End subdivision, Samson short plat, the Hayashida property and the Fijuta property [EXHIBIT 73]. The first 400-feet of the pipeline, from Crystal Springs Drive to catch basin #5, is believed to have been constructed in 1996 [Testimony of Dane Spencer and EXHIBIT 73]. Mr. Spencer has been unable to determine whether this portion of the stormwater system was designed by a professional engineer, or approved by the City prior to installation. The remaining stormwater system up slope was designed by Browne Engineering, Inc. in 1997. Modifications were made in 2001 [EXHIBIT 72]. Design calculations by Browne Engineering, Inc. indicate that the stormwater system is over capacity at catch basin #3 during a 100-year/24-hour storm event. Catch basin #3 is located on the Spencer property near the toe of a steep slope and the center of the Spencer’s gravel driveway. 9. Mr. Herb Armstrong, an engineer with ADA Engineering, Inc., was hired by Mr. Dane Spencer to make a field inspection of the stormwater drainage system on the Hayashida/Fujita and the Samson short plat lots [EXHIBIT 72]. Mr. Armstrong determined that the “as built” stormwater system on the Hayashida/Fujita and Samson properties does not conform to the Browne Engineering, Inc. drawings approved by the City in 1997. No “as built” system drawings are available. Mr. Armstrong’s field inspection revealed that stormwater lines have been connected to this stormwater system which were not included in the system design approved by the City. Mr. Armstrong determined that the stormwater system that serves the Hayashida/Fujita and Samson short plats would be adequate to handle the stormwater from development of these short plats, if constructed as designed, except for that section of the system between catch basin #3 on the Spencer property (Lot A - Samson short plat) and the outflow pipe on the beach. Mr. Armstrong was of the opinion that the Department of Ecology Stormwater Manual requires the stormwater system to be designed for a 100-year storm level without outflow at any catch basin along the system. He recommended that the stormwater system be improved to comply with BIMC 15.20 and the DOE Stormwater Manual. He also recommended that “as built” drawings be prepared for use by the neighborhood association with maintenance responsibility. 10. On March 15, 2001, the Applicants granted a utility easement to the owners of the Hayashida and Fujita short plats. This easement granted a non-exclusive utility easement for the storm drainage over and across the Applicant’s property. This easement assigns maintenance responsibility for the stormwater drainage system to nine-property owners on a pro-rata basis. These nine property owners are identified as the owners of the 8 lots in the Hayashida and Fujita short plats and the owner of Lot D in the Samson short plat (Whitmore) [EXHIBIT 74]. 11. This application was submitted to the Bainbridge Island Fire Department for review. The Fire Marshall has determined that adequate fire flow will be available from hydrants on the access road. [EXHIBIT 51]. 12. The South Bainbridge Water Company will provide potable water for the Applicant’s residence. A water connection has already been installed on the property to service both residences [EXHIBIT 14]. 13. The Health District approved a 2 tank septic system for the Applicant’s property in May of 1999. This system was designed to serve both the existing garage/carriage house and a main house. This building site application approval was for a system to serve 5 bedrooms. A connection permit will be required. The installation of the septic system was approved by the Health District on February 21, 2001 [EXHIBIT 67]. 14. At the request of Mr. Dane Spencer, the firm of Shannon and Wilson, Inc. conducted a geotechnical review to evaluate site conditions on the Spencer property (Lot A of the Samson short plat), and to discuss slope stability relative to the design and construction of the storm drainage pipeline on the Spencer property which is part of the overall stormwater control system for the Hayashida/Fujita and Samson short plats. The report was submitted by Martin W. Page, PE, LEG. [EXHIBIT 73]. Mr. Page reviewed the storm drainage design documents prepared by Browne Engineering, Inc. The backwater calculations included in the Browne Engineering documents indicated that the storm drainage system will overflow at catch basin #3 during a 100 year storm event. Catch basin #3 is located on the Spencer property, near the top of a steep slope driveway. An overflow at this location would likely cause flooding onto the gravel surfaced driveway and onto the adjacent Munro property. Mr. Page determined that a portion of the relatively high capacity storm drainage pipeline is buried in the backfill behind a retaining wall along the Spencer driveway. He determined that a wall failure caused by water emanating from a broken pipeline in the storm system could become a catastrophic debris flow in the event the retaining wall deflects or fails structurally. Regular maintenance of the stormwater system pipelines and catch basins must be an essential part of risk management on this system. Mr. Page recommended that the downstream pipeline diameter from catch basin #3 be increased to improve the stormwater system capacity. 15. A SEPA MDNS was issued by the City of Bainbridge Island on April 22, 2003. No appeals were filed. 16. On August 28, 2003 a Public Hearing was held before Hearing Examiner Robin Thomas Baker to consider the application. The public hearing was continued to October 2, 2003. The record remained open until October 24, 2003. Prior to the hearing, notice was published in the Bainbridge Review on August 9, 2003; 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 August 8, 2003. The Hearing Examiner visited the site in August and October. CONCLUSIONS OF LAW 1. This application for Conditional Use Permit is properly before the Hearing Examiner pursuant to jurisdiction established in BIMC 18.108.020(D) and BIMC 18.33. Adequate notice was mailed and published before public hearing on this application. 3. The Applicants requested a conditional use permit which would allow multiple family dwellings on their 5.75 acre lot. BIMC 18.33.030(G) allows multiple family dwellings on lots zoned R-1, provided the site plan proposed by the applicant includes 25-foot perimeter natural vegetative easements and interior open space. The Applicants have also requested a permit to build their second residence at a height up to 35-feet, as allowed in BIMC 18.33.070(A). 4. A conditional use permit allowing multiple family dwellings on the Whitmore property may be approved, or approved with modifications, if the decision criteria of BIMC 18.108.040 are met by the application. A conditional use permit which allows an increase in building height for the proposed residence from 30 to a maximum of 35 feet may be approved if the application meets the decision criteria of BIMC 18.108.040(A), and the additional criteria included in BIMC 18.33.070(A). 5. BIMC 18.108.040(A)(1): The conditional use is harmonious and appropriate in design, character and appearance with the existing or intended character and quality of development in the immediate vicinity of the subject property and with physical characteristics of the subject property. The Applicants have submitted a site plan which describes a two-story residence, with two levels of living area over a covered sport court. This home will be built in a neighborhood that is being developed with large single-family residences [EXHIBIT 59]. This particular parcel will be less intensely developed than surrounding properties, due to the large lot owned by the Whitmores. This property has been zoned R-1 which allows one dwelling unit per acre. After a second home is built, the resulting density will be one residence for every 2.8 acres. The Applicants have retained a geotechnical engineer to evaluate the site conditions on the portion of the lot chosen for their building site. Aspect Consulting, LLC submitted a geotechnical engineering report [EXHIBIT 5] which concludes that the project site is suitable for the proposed development provided certain design recommendations are followed. A Class III wetland and wetland buffer have been identified on this project site. All residential buildings and accessory structures will be located outside the wetland and its buffer area. This second residence, if constructed as proposed, is harmonious and appropriate in design, character and appearance with the existing development in the immediate vicinity of this property. The area chosen as the building site for this second residence is a grassy area with a 16% slope. The contours of the building site will accommodate the house design proposed by the Applicants within the lot coverage maximums allowed in the R-1 zone. The residence will be built in an open area of the lot, while existing forested perimeter buffers will remain undisturbed. The site chosen by the applicant is appropriate for the physical characteristics of the property. The new residence will be appropriate in design, character and appearance with the existing and intended development in the neighborhood [EXHIBIT 64]. 6. BIMC 18.108.040(A)(2): The conditional use will be served by adequate public facilities, including roads, water, fire protection, sewage disposal facilities and storm drainage facilities. The Applicants have been developing their property for residential use for several years. An access driveway has been built from the southeast corner of the parcel to a circular terminus in the center of the lot. The driveway then extends north and east to provide access to the garage/carriage house and to the new home site. This driveway is of an adequate width to provide for emergency access and will not be expanded for this project. This private driveway has access to a public street. The Bainbridge Island Fire Department has reviewed the site plan proposed by the applicant and has found adequate provision for fire protection through hydrants located on the access road to the property [EXHIBIT 51]. The Applicants built a sewage disposal facility which included two 1,125 gallon septic tanks, as well as a 1,250 gallon pump tank. This septic system was designed to provide sewage disposal for two dwelling units. The Health District has approved the installation [EXHIBIT 67]. A connection permit from the Health District is required when the second residence is built. A stormwater drainage system is in place. This system was designed to provide stormwater management for all lots in the Samson short plat, and for all lots in the Hayashida/Fujita short plats immediately east of the Samson short plat. This stormwater system was designed by Browne Engineering, Inc., and approved by the City of Bainbridge Island. Recent inspections of that drainage system have revealed that the “as built” system is not the same as the system described on the Browne Engineering plans from August of 1997, and the Hayashida/Fujita short plat drainage modifications dated May 18, 2001. The original system design and analysis projected adequate system capacity to accommodate an additional residence on the Applicants’ property. If improvements are made to the section of the system from catch basin #6 west to the outfall pipe, the consulting engineers have agreed that the system is adequate to handle another residence on the Whitmore property. The Whitmores signed a maintenance agreement with upland property owners, in which they agreed to maintain and repair the installed stormwater drainage system on a pro rata basis [EXHIBIT 74]. BIMC 15.21 requires property owners to maintain stormwater facilities in accordance with the requirements of BIMC 15.21 and the Stormwater Management Manual [EXHIBIT 66]. The professional engineers who have inspected this system have determined that the system can be modified to provide stormwater management for all the intended properties. Adequate stormwater drainage facilities will be available for this residence if the system is modified to comply with the requirements of BIMC 15.20 and 15.21. 7. BIMC 18.108.040(A)(3): The conditional use will not be materially detrimental to uses or property in the immediate vicinity of the subject property. The use of this property for two residences will be compatible with the use being made of other properties in this neighborhood. There is adequate space available on this 5.75 acre lot to accommodate two residences. The new larger residence will be built at least 60 feet away from any neighboring residence. Native vegetation buffers will be maintained along all property lines of the parcel. Existing forested buffers on the east and south property lines will be maintained. The stormwater management system, if properly repaired and maintained, will be adequate to handle the additional stormwater runoff from the second residence. Access to the second residence will be over a common driveway already built on the parcel. Residents of this property will have access to the nearest public right-of-way. The further development of this lot for single-family residential use, is consistent with the development of properties adjoining on the north, south, east and west. There will be no detrimental impact to the uses of any of those adjoining properties if adequate stormwater drainage is provided. 8. BIMC 18.108.040(A)(4): The conditional use is in accord with the Comprehensive Plan. The continued use of this parcel for single-family residential use is compatible with the Comprehensive Plan designation for the property. This lot is Open Space Residential 1 (OSR 1). The property is being developed with adequate perimeter buffering to protect residential uses on adjoining lots. The Class III wetland and buffer area located on the southwestern corner of the property will be protected by erosion control measures during construction (SEPA Condition 6). A split rail or other similar fencing or signage indicating the presence of a “Critical Area” will be installed along the wetland buffer to discourage intrusions into the wetland. The Applicants will be required to restore disturbed portions of the wetland and wetland buffer. The landscape plan will include a five year monitoring plan. Significant trees on the site will be identified before permit issuance. The residence will be built in an area which will not require removal of significant trees. If the property is developed in compliance with conditions required by the SEPA MDNS and additional conditions required for this conditional use permit, the project will be in accord with the policies and goals of the Comprehensive Plan. 9. BIMC 18.108.040.A.5: The conditional use complies with all other provisions of this code. The Applicant has asked to build a home which exceeds the maximum height limit allowed in the R-1 zone. The documents submitted by the Applicant demonstrate that the additional criteria for an exception to the maximum building height have been met by this application (BIMC 18.33.070(A)). Conditions will be attached to the approval of this permit which require an engineered analysis of the stormwater drainage facilities on the property, as well as the preparation of “as built” drawings for the stormwater system. A schedule for regular inspection, maintenance and repair will be required prior to building permit issuance. Identified wetlands and wetland buffers will be protected with erosion control measures and appropriate fencing or signage. The building site is located in an area which has been identified as a geologically hazardous area. The Applicant has provided a report by a geotechnical engineer, as required by BIMC 16.20.080. This report demonstrates that the proposed development will not adversely impact the geologically hazardous slope. This project, if built in compliance with all conditions of approval, will comply with all provisions of BIMC. 11. BIMC 18.108.040(A)(6): The conditional use will not adversely affect the area or alter the area’s predominantly residential nature. This project will add a second residence on a 5.75 acre parcel. This additional single-family residential use is consistent with the area’s development as a single-family residential neighborhood. The Applicants plan a 4,800 square foot home which will be compatible in size and design with other homes now being built in this neighborhood. The use of this property for multiple family dwellings will not adversely effect the area or alter the area’s residential character. 12. BIMC 18.108.040(A)(7): All necessary measures have been taken to eliminate the impacts that the proposed use may have on surrounding area. The City has conducted an environmental review of this project and issued a SEPA MDNS which listed 15 mitigation measures which address probable environmental impacts anticipated from this project. Those mitigation measures have addressed the critical areas on the site, as well as air quality, erosion and noise impacts expected during construction activities. A stormwater drainage plan will be required of the Applicants prior to building permit issuance. The Applicants have proposed connection to an existing stormwater system. Prior to building permit issuance, the Applicants will be required to provide an engineered drainage analysis which includes inspection of the system “as built.” A plan for the operation and maintenance of all constructed stormwater facilities must also be submitted and approved prior to project acceptance (Condition 15). The Planning Department has recommended several additional conditions for this project to help ensure compliance with BIMC. All necessary measures have been taken to eliminate the probable impact on the surrounding neighborhood from the proposed use of this property for multiple single family dwellings. 13. The Applicants have also requested a conditional use permit allow an increase in height on their second residence above the maximum 30-feet required by BIMC 18.33.070. The Applicants have demonstrated by their documents that the decision criteria of BIMC 18.108 can be satisfied by this proposal. In addition, the Applicants must demonstrate that: 1. view opportunities are not substantially reduced; 2. fire flow is adequate; 3. no unstable slopes or soils are on the building site; and 4. solar access of neighboring lots is not reduced (BIMC18.33.070(A). Mr. Jason Fowers, the designer of this residence, provided a site plan on which he outlined the view corridors for neighboring residences. The views from residences built along the north property line of the Applicant’s lot do not have view access onto the Applicant’s property, because a 20-foot native vegetation buffer with trees and brush extends east to west along that north property line. Likewise, an extensive treed buffer is maintained along the south property line. This new residence will be located at least 60-feet from any neighboring residence. An increase in building height should not impact the views or the solar access for any neighboring property. The Fire Marshall has determined that adequate fire flow will be available for this residence through hydrants already in place along the access road. The Applicants retained Mr. John Peterson, a geotechnical engineer, to prepare geotechnical engineering report for the building site chosen for the new residence. Mr. Peterson concluded that the soils at the building site have a low to moderate erosion potential. No evidence was observed along the site slope or along nearby slopes that suggested the presence of recent active surficial or debris landslides. Mr. Peterson concluded that from a geotechnical standpoint, the project site is suitable for the proposed development. Spread footing foundations will be utilized. The dense to very dense lodgement till existing 2 to 3 ½ feet below the ground surface at the building site is adequate for foundation support [EXHIBIT 5]. The hearing record demonstrates that the additional criteria required by BIMC 18.33.070(A) are met by this application. A conditional use permit which allows a building height no greater than 35-feet should be allowed for this project. 14. A conditional use permit which allows a second residence on the Applicant’s property should be granted subject to certain conditions necessary to ensure compliance with the provisions of the BIMC and other state and federal regulations. The following conditions are required for this project: SEPA Conditions: 1. Clearing, grading, or filling shall only occur in the period between April 1st and October 1st unless the applicant provides an erosion control plan that specifically identifies methods for wet-weather conditions. Such a plan shall be reviewed and approved by the Public Works Department prior to beginning any earthwork. 2. The applicant shall utilize Best Management Practices as endorsed by the Department of Ecology and as directed in its Stormwater Management Manual for the Puget Sound Basin (Technical Manual). Stormwater plans shall comply with BIMC Chapter 15.20 and shall be reviewed and approved by the Public Works Department prior to building/grading permit issuance. 3. To mitigate air quality impacts during clearing activities, any cleared vegetation must be removed from the site and/or processed by chipper or some other method of disposal that does not require burning. 4. To mitigate noise impacts to adjacent development, outside construction activities shall be limited in accordance with the provisions of BIMC Section 16.16.025. (The current provisions limit outside construction activities to 7:00 a.m. to 7:00 p.m. on weekdays, not including legal holidays, and 9:00 a.m. to 6:00 p.m. on Saturdays, not including legal holidays. Outside construction activities shall be prohibited on Sundays and all legal holidays.) 5. To mitigate potential off-site glare, exterior lighting associated with the residence shall be hooded and shielded in accordance with Ordinance No. 2002 - 15. 6. Erosion control measures, including installation of silt fencing along the outer edge of the north and eastern wetland buffers, shall be in place and inspected by the project planner prior to issuance of a building permit. 7. No construction activities, storage of materials or vehicles, or soil stockpiling shall take place within the wetland or stream buffer. 8. Prior to final inspection, either a split-rail or other similar fence or signs indicating the presence of a critical area, spaced at 50-foot intervals, shall be installed along the wetland buffer to prevent intrusion into the wetland. 9. Pursuant to BIMC 16.20.130, the applicant shall record a notice to title describing the presence of the wetland, wetland buffer, stream, stream buffer and geologically hazardous slope prior to building permit approval. 10. All the recommendations found in the February 2003 report titled Subsurface Exploration, Geologic Hazard, and Geotechnical Engineering Report shall be adhered to and shall be considered conditions of approval for the proposed project. There are a series of recommendations provided by Mr. James Peterson, of Aspect Consulting, LLC, the Geotechnical Engineer for the project. Those recommendations, regardless if stated as “should” or otherwise recommended, shall be closely followed without variance. 11. The applicant shall submit Parts 1 and 2 of the standard geotechnical forms required for the project. The city engineer shall review and approve these forms prior to building permit issuance. 12. All geotechnical features shall be inspected by the Geotechnical Engineer. Final acceptance of the project shall require professional engineering stamped certification by the Geotechnical Engineer that the project has been inspected, and has been constructed and functions as recommended by the Geotechnical Engineer. The final certification shall also include operation and maintenance recommendations for the recommended items including drainage features and vegetation management. All geotechnical information, including indemnification requirements, must be made available to all future purchasers of the property. 13. The applicant is required to indemnify and hold the City of Bainbridge Island, its agents their heirs, or assigns forever harmless for any damages directly or indirectly related to the geotechnical stability of this site per the City’s standard form. 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 or any buildings or facilities thereon. Prior to any clearing, grading or building activities, an indemnification agreement as required by chapter 16.20.080 BIMC, shall be furnished by the City of Bainbridge Island and shall be signed and notarized by the applicant and submitted to the Department of Planning Community Development. 14. Prior to building permit submittal the applicant shall obtain an engineered analysis/design to meet the requirements for BIMC 15.20. The current stormwater systems may be at capacity since the impervious area ordinarily attributed to residential sites is in the range of 3200 to 4200 square feet. 15. A recorded Declaration of Covenant and a plan for the Operation and Maintenance of all constructed facilities shall be submitted and approved prior to project approval/acceptance. The existing facilities were constructed per the requirements of Short Plat 08-06-96-1 (Samson/Munro) and require regular ongoing maintenance to function properly. Non-SEPA Conditions: 16. Prior to any construction, the applicant shall submit a building permit for the proposed residence. The building permit application shall be in substantial conformance with the plans date stamped February 14, 2003. 17. The existing driveway shall not be widened in the area of the Type 5 stream and its buffer. 18. The proposed residence shall be located to avoid impact to the significant trees on the site. 19. A restoration plan for the disturbed portions of the wetland and wetland buffer on the property shall be submitted and approved by planning staff prior to building permit issuance. A pervious trail shall be allowed through the buffer to provide access to the existing wells. The plan shall include a landscape plan to restore the disturbed areas with native vegetation. The plan shall also include a 5-year monitoring plan. A landscape inspection shall be conducted by a staff person from the Department of Planning and Community Development prior to final building inspection to ensure that the restoration has been completed. 20. Pur suant to BIMC 16.20.140, the applicant shall post a five-year bond in an amount equal to 120 percent of the cost of materials and labor for the restoration. A written monitoring report shall be submitted each fall for the five-year period. The bond shall not be released until the director determines that performance standards detailed in the restoration plan have been met. 21. A 25-foot no-cut/no-build native vegetation perimeter buffer easement shall be recorded along the west property boundary. An additional 5-foot no-cut/no-build native vegetation buffer easement shall be added to the existing 20-foot buffers along the north and east property boundaries prior to building permit issuance. These buffer easements shall also be recorded. 22. Prior to building permit issuance, the Applicants shall submit to the Department of Public Works for approval, a set of “as built” plans which accurately reflect the components and location of the drainage system now serving their property. This “as built” plan must include the stormwater drainage system from the outfall pipe on the beach and continuing approximately 1,700 feet east to the terminus on the Hayashida/Fujita properties. All stormwater lines connected to this stormwater system must be included. An engineered system analysis which includes the entire system from outfall to eastern terminus, must be submitted to the Department of Public Works for approval prior to building permit issuance. The drainage system must comply with the requirements of BIMC 15.20. Any drainage system improvements or repairs required by the Department of Public Works shall be completed prior to building permit issuance. The Applicants shall provide an accurate calculation of the increase in impervious surface coverage resulting from this new residential project. Those calculations shall be submitted to the consulting engineer for use in his drainage system analysis. 23. The new residence shall be located in an area which does not encroach upon the driveway easement reserved for Lots B and C of the Samson short plat. That access and utility easement is shown on EXHIBITS 64 and 65 and on the final Samson short plat filed under Auditor’s No. 9612060183-0184. 24. Prior to building permit issuance, the Applicants shall obtain a connection permit from the Bremerton-Kitsap County Health District allowing an additional connection to their on-site septic system [EXHIBIT 67]. A copy of the connection permit must be filed with DPCD. 25. A 25-foot perimeter natural vegetation buffer shall be maintained along all property lines. 26. No alterations shall be made to that section of the common access driveway which crosses the identified Class V stream, without prior approval from the Department of Planning and Community Development. 27. This conditional use permit approval is based on the site plans submitted to Department of Planning and Community Development on September 11, 2003 [EXHIBIT 64]. DECISION A conditional use permit is granted to Michael and Angela Whitmore to allow the construction of a second residence on their property located at 5962 Whitmore Way NE in the City of Bainbridge Island. This conditional use permit will allow a building height no greater than 35-feet for this new residence. This conditional use permit is approved subject to all conditions set forth in Conclusion of Law 14 above. Dated this 3rd day of March, 2004 /S/ Robin Thomas Baker Hearing Examiner Pro Tem APPEAL The decision of the Hearing Examiner shall be final unless, within 21 days after issuance of this decision, a person with standing appeals the decision in accordance with RCW Chapter 36.70. [BIMC 2.16.130(F)(6)].