ORD NO. 2018-14 AMENDING MORATORIUM ORDINANCEORDINANCE NO. 2018-14
AN ORDINANCE of the City of Bainbridge Island, Washington, adopted pursuant
to RCW 35A.63.220 and RCW 36.70A.390; amending Section 3 and of Ordinance
No. 2018-05 to amend the activities subject to the moratorium; providing for
severability; and leaving the effective date and duration of the moratorium
unchanged.
WHEREAS, on January 9, 2018, the 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, the City Council and City staff received feedback and comment from
individuals related to the moratorium and, based partly on that feedback and comment, the
Council determined that certain exclusions to the moratorium needed to be amended to clarify
the Council's intent regarding such exclusions; and
WHEREAS, on January 16, 2018, the Council enacted Ordinance No. 2018-03, which
amended Ordinance No. 2018-02 to clarify some of the exclusions; and
WHEREAS, the Council and City staff received additional feedback and comment from
individuals related to the moratorium and, based partly on that feedback, the Council determined
that further amendment was necessary to clarify which types of activities are subject to the
moratorium, and which activities are excluded from the moratorium; and
WHEREAS, on February 15, 2018, the Council enacted Ordinance No. 2018-05, which
amended and restated Ordinance No. 2018-02 and Ordinance No. 2018-03; and
WHEREAS, based on additional information and consideration related to educational
facilities and preschools, as well as related to the applicability of the moratorium in the Mixed
Use. Town Center/Central Core Overlay District, on March 13, 2018, the Council approved
Ordinance No. 2018-09 to further clarify which types of activities are subject to the moratorium,
and which activities are excluded from the moratorium; and
WHEREAS, this moratorium was imposed, in part, to allow the Council and City staff
adequate time to complete the Critical Areas Ordinance Update process; and
WHEREAS, the Council adopted the Critical Areas Ordinance Update (Ordinance No.
2018-01) on February 27, 2018, and the updated Critical Areas Ordinance takes effect on April
23, 2018; and
WHEREAS, critical areas within the City's shoreline jurisdiction are regulated by the
City's shoreline master program (see, e.g., Chapter 16.12 BIMC, RCW 36.70A.480(3)(b)); and
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WHEREAS, integration of applicable critical areas regulations into the shoreline master
program is essential to ensuring adequate protection of critical areas within the shoreline
jurisdiction and no net loss of shoreline ecological functions; and
WHEREAS, regulations for critical areas within the City's shoreline jurisdiction are in
the process of being updated through an amendment of the City's shoreline master program
consistent with the Shoreline Management Act and, at this time, that amendment process is not
expected to be complete before July 9, 2018, which is the date that the moratorium is currently
set to expire; and
WHEREAS, the City possesses land use jurisdiction and regulatory authority over the
City's incorporated lands; and
WHEREAS, the moratorium promotes the public good and is necessary for the
protection of public health, property, safety, and welfare, and the public emergency on which this
moratorium was imposed continues to exist and this ordinance does not change the basis for that
declaration of emergency, except as described above, nor the effective date of the moratorium,
which is January 9, 2018.
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 Nos. 2018-02, 2018-03, 2018-05, and 2018-09.
Section 2. Moratorium Amended. Section 3 of Ordinance No. 2018-05 is hereby
amended as follows related to the activities to which the moratorium applies:
B. Structures, buildings, and land use permits and approvals in the R-1, R-2, and R-0.4 ;
and zones within the City's shoreline jurisdiction areas see
Chapter 16.12 BIMC :
(i) That will result in less than 65% of the subject property being retained as
native vegetation; or
(ii) That will result in reducing the native vegetation on the subject property by
any amount if that property had native vegetation existing on less than 65% of
the property as of the effective date of the moratorium.
a
(iii) Provided def, that this Section B does not apply to complete land use
applications (see BIMC Table 2.16.010-1) that were submitted prior to the
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effective date of the moratorium, and to the resultant site work and associated
approvals related to such complete land use applications.
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. No Change to Basis for Declaration of Emergency; Effective Date;
Duration. This ordinance shall take effect and be in force five (5) days from and after its passage
and publication as required by law. Provided, that this ordinance is not intended to change the
basis of the emergency declarations stated in the four moratorium ordinances which preceded
this ordinance, Ordinance Nos. 2018-02, 2018-03, 2018-05, and 2018-09, except as described in
the "Whereas" clauses of this ordinance. Pursuant to Matson v. Clark County Board of
Commissioners, 79 Wn. App. 641 (1995), non -exhaustive underlying facts necessary to support
the emergency declarations adopted as part of the enactment of this moratorium were included in
the "Whereas" clauses of Ordinance No. 2018-02 and Ordinance No. 2018-03, and were restated
and supplemented in Ordinance No. 2018-05 and Ordinance No. 2018-09, as well as in this
ordinance, and those "Whereas" clauses are adopted as findings of fact. This ordinance
amending, the moratorium shall remain effective for the six (6) month period as established for
the moratorium, which moratorium has an effective date of January 9, 2018, unless terminated
earlier by the City Council. The Council may, at its sole discretion, renew the moratorium for
one or more six (6) 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.
PASSED by the City Council this 24th day of April, 2018.
APPROVED by the Mayor this 24th day of April, 2018.
ATTEST/AUTHENTICATE:
Christine Brown, City Clerk
Kol Medina, Mayor
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FILED WITH THE CITY CLERK April 20, 2018
PASSED BY THE CITY COUNCIL April 24, 2018
PUBLISHED: April 27, 2018
EFFECTIVE DATE: May 2, 2018
ORDINANCE NO: 2018-14
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