ORD NO. 2018-03 AMENDING 6-MONTH MORATORIUMORDINANCE NO. 2018-03
AN ORDINANCE of the City of Bainbridge Island, Washington, adopted pursuant
to RCW 35A.63.220 and RCW 36.70A.390; amending Section 4 of Ordinance No.
2018-02 to amend and clarify certain exclusions to the moratorium; providing for
severability; declaring an emergency; and establishing an immediate effective date.
WHEREAS, on January 9, 2018, the Bainbridge Island City Council enacted Ordinance
No. 2018-02 and thereby established a temporary emergency moratorium on the acceptance and
processing of certain Permit Applications, as defined in Section 2 of Ordinance No. 2018-02; and
WHEREAS, Section 4 of Ordinance No. 2018-02 establishes several types of Permit
Applications that are excluded from the moratorium; and
WHEREAS, the City Council and City staff have received feedback and comment from
individuals related to the moratorium and, based on that comment and feedback, the Council has
determined that certain exclusions to the moratorium need to be amended to clarify the Council's
intent regarding such exclusions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings of Fact. The recitals set forth above are hereby adopted as additional
and supplemental findings of fact to the City Council's initial findings of fact in support of the
moratorium, as established by Ordinance No. 2018-02.
Section 2. Moratorium Amended. Section 4 of Ordinance No. 2018-02 is hereby
amended as follows related to the exclusions to the moratorium:
A. "Legislative Approvals" and "Quasi -Judicial Decisions by City Council' as identified on
Table 2.16.010-1 of BIMC 2.16.010 for projects that are already vested.
D. Permits and approvals for additions, alterations, or remodels to existing buildings whm
additions,altefations,
theyareexemp�rrreview puFsuant to BIA. t. rc— e a 10.
resin
r.�^r�vry .
F. Permits and approvals, the sole purpose of which is for the few -removal and replacement
of hazardous trees or invasive plant species.
I. Permits and approvals for affordable housing projects that qualify as Housing Deign
Demonstration Project HDDP Tier 3 projects pursuant to BIMC 2.16.020.0. and Table
2.16.020.Q-1.
O. Permits and approvalsBuilding pefmit applicat for single family residences in
existing_plats., ,
subdivision,
provided that the applioant owned the propeFty as e
. provided that a
person, or- entity, or groqp of commonly -owned entities may only use this exclusion once.,
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unless the develo meat would result in the conversion of three-quarter acres or more of
vegetation to lawn or landscape areas, or would convert 2.5 acres, or more, of native
vegetation to pasture.
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A # PRIOR-
.i��iarr a,
Q. Btiil iag pafm:t applications Permits and approvals for complete site plan and design
review applications or other complete land use applications that had been submitted prior
to the effective date of the moratorium, and any such applications that have been
approved and for which such approval has not expired.
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Section 3. Severability. Should any section, paragraph, sentence, clause, or phrase of this
ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this ordinance be preempted by state
or federal law or regulation, such decision or preemption shall not affect the validity of the
remaining portions of this ordinance or its application to other persons or circumstances.
Section 4. Declaration of Emergency; Effective Date; Duration. This ordinance, as a
public emergency ordinance necessary for the protection of the public health, public safety,
public property, and public peace, shall take effect and be in full force immediately upon its
adoption. Pursuant to Matson v. Clark County Board of Commissioners, 79 Wn. App. 641
(1995), non -exhaustive underlying facts necessary to support this emergency declaration are
included in the "Whereas" clauses above and the "Whereas" clauses in Ordinance No. 2018-02,
all of which are adopted by reference as findings of fact as if fully set forth herein. This
ordinance amending the moratorium shall take effect immediately, and shall remain effective for
the six (6) month period as established by Ordinance No. 2018-02, unless terminated earlier by
the City Council. Provided, that the Council may, at its sole discretion, renew the moratorium for
one or more six month periods in accordance with state law. This ordinance or a summary
thereof consisting of the title shall be published in the official newspaper of the City.
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PASSED by the City Council this 16th day of January, 2018.
APPROVED by the Mayor this 16th day of January, 2018.
Kol Medina, Mayor
ATTEST/AUTHENTICATE:
Christine Brown, City Clerk
FILED WITH THE CITY CLERK January 16, 2018
PASSED BY THE CITY COUNCIL January 16, 2018
PUBLISHED: January 26, 2018
EFFECTIVE DATE: January 16, 2018
ORDINANCE NO: 2018-03
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