HomeMy WebLinkAboutM100109S
District No.1 Commissioner: Ph>> Johnson
District No.2 Commissioner: David W. Sullivan
District No.3 Commissioner: John Anstin
County Administrator: Philip Morley
Clerk of the Board: Lorna Delaney
MINUTES
SpeclaI Meeting - October 1, 2009
The meeting was called to order by Chairman David Sullivan at the appointed time in the
presence of Commissioner Phil Johnson and Commissioner John Austin.
Shoreline Master Program (SMP) Deliberations: Planning Manager Stacie Hoskins and
Long Range Planning Lead Michelle McConnell were present to assist the Board with deliberations on the
Shoreline Master Program (SMP). Also present was Jefferson County Chief Civil Deputy Prosecutor David
Alvarez and Washington State Department of Ecology representative Jeffi:ee Stewart.
Michelle McConnell presented an updated spreadsheet titled SMP Issues "Pick List" which reflects changes
the Board has requested during their meetings held on September 2, 14,21,23 (Special Meeting), and 28,
2009. StaffwilI update this list with any changes the Board requests throughout the deliberations. The
changes on the "Pick List" have not yet been incorporated into the SMP document. All the changes will be
made at one time after the deliberations have been concluded and when clear direction to make the changes
has been given by the Board. She also presented revised language for Non-confonning Development
outlined in Article 10 and photographs of Anderson Lake, Marrowstone Point, and Termination Point to
provide visuals for consideration of shoreline designations.
The Board continued its review of the Planning Commission's proposed SMP draft with the line-in/Iine-out
changes recommended by DCD staff as follows.
APPENDIX A - OFFICIAL SHORELINE MAP
After reviewing the aerial photographs the Board decided as follows:
Anderson Lake: The Board agreed to designate the existing cleared area as "Conservancy" consistent with
the parks map which designates the area as "Recreation."
Termination Point: The Board agreed to redesignate a portion of Reach X from "Natoral" to "Conservancy"
from the end of the State Parks road/parking area and extending around the comer past the Hood Canal
Bridge to where the shore lll'lIloring ends.
Marrowstone Point: The Board agreed to redesignate a portion of Reach MM from "Natoral" to
"Conservancy" from the white tower on the beach extending around the point to the parking lot.
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ARTICLE 2 - DEFINITIONS
Pae:e 2-16. Section F(4) "''''''''''Feeder bluff Reads "means any bluff or cliff experiencing periodic erosion
from waves, sliding or slumping that, through natora1 transportation, contributes eroded earth, sand or gravel
material via a driftway to an accretion shoreform. These natoral sources of beach material are limited and
vital for the long-term stability of driftways and accretion shoreforms (e.g., spits, bars, and hooks)." The
Board agreed to change this definition to read "Means any bluff experiencing erosion from waves, sliding or
slumping that, through natoral transportation, contributes eroded earth, sand or gravel material via a driftway
to an accretion shoreform." The four asterisks in the title will also be removed.
The Board further agreed to add a definition for "Blufl" that reads "Means any coastal headland or hill with
a broad steep face."
Pae:e 2-16. Section F(9)( e) Fish habitat Reads "Presence of riparian vegetation as defined in this Article.
Riparian vegetation creates a transition zone, which provides shade, and food sources of aquatic and
terrestrial insects for fish." The Board agreed to add the words "large woody debris," before the word
"shade."
Pae:e 2-17. Section F(l) Floatine: aauaculture After discussing the aspects of floating aquaculture and
hanging aquaculture, the Board agreed not to make any changes to this section which reads "means
aquaculture systems that suspend aquatic organisms in the water colurun using buoys, rafts, docks, piers or
other structure and that extend more than 3 feet from the bottom into the water colurun. Floating
aquaculture is synonymous with hanging aquaculture."
Pae:e 2-18. Section F(23) Function assessment or Functions and values assessment The Board agreed
with DCD's recommendation to add this definition which reads "means a set of procedures, applied by a
qualified consultant, to identify the ecological functions being performed in a shoreline or critical area,
usually by determining the presence of certain characteristics,.and determining how well the area is
performing those functions. Function assessments can be qualitative or quantitative and may consider social
values potentially provided by an area. Function assessment methods must be consistent with best available
science. "
Pae:e 2-18. Section G The Board agreed with DCD's recommendation to add the word "definitions" to this
section title for the purpose of consistency.
The Board agreed to add a definition for "Genetically Modified Organism" that reads "means a plant or
animal that has had a gene or genes from a different species transferred into its genetic material using
techniques of genetic engineering and where such introduced genes have been shown to produce a gene
product (protein). Selective breeding, cross breeding and creation of polyploidy are specifically excluded
from this definition as foreign gene materials are not introduced or engineered."
Michelle McConnell expressed concern that the definition as worded may be limiting genetic modification
to only organisms that have had a gene added to it. She thinks that removing genes from an organism may
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also be a consideration for genetic modification. Commissioner Sullivan replied that those kinds of things
happen in nature all the time and they usually do not reproduce or survive. Michelle McConnell will look to
see if there is a definition provided by the State.
Pae:e 2-19. Section Gllo) Groin The Board agreed with DCD's recommendation to add this definition
which reads "means a wall-like structure extending on an angle waterward from the shore into the intertidal
zone. Its purpose is to build or preserve an accretion shoreform or berm on its updrift side by trapping
littoral drift. Groins are relatively narrow in width but vary greatly in length. Groins are sometimes built in
series as a system, any may be permeable or impermeable, high or low, and fixed or adjustable." Jeffree
Stewart noted that this definition is limited to marine waters. Michelle McConnell suggested changing the
first sentence to read "means a wall-like structure extending on an angle waterward from the shore." The
Board agreed to make that change.
P8l!:e 2-20. Section H The Board agreed with DCD's recommendation to add the word "definitions" to this
section title for the purpose of consistency.
Page 2-20. Section H( 4) Hazard tree reads "means any tree with a high probability of falling due to a
debilitating disease, a structural defect, a root ball more than fifty percent exposed, or having been exposed
to wind throw within the past ten years. To be considered hazardous, there must be a structure within a tree
length of the base of the trunk. Where not immediately apparent to the Administrator, the hazard tree
detennination shall be made after review of a report prepared by an arborist or forester." DCD recommends
changing the second sentence to read "To be considered hazardous, there must be a residence, residential
appurtenance or residential accessory structure within a tree length of the base of the trunk."
Commissioner Johnson noted that this definition only addresses hazards to structures and he asked about
hazard trees along trails that may be hazardous to people. Commissioner Austin added that there are also
hazardous trees in campgrounds that are managed by the Park Service. Michelle McConnell agreed and
stated that DCD's language addition may not be needed. DCD was directed to review the State DNR's
definition of hazard tree. The Board agreed to change this section to read "means any tree that displays
evidence of high probability of falling in the near future and presents a risk to persons or property." Where
not immediately apparent to the Administrator, the hazard tree determination shall be made after review of a
report prepared by a certified arborist." It will also be made part of regulation 4( viii) in Article 6, Title 4
Vegetation Conservation.
Pae:e 2-21. Section I The Board agreed with DCD's recommendation to add the word "definitions" to this
section title for the purpose of consistency.
Pae:e 2-22. Section I(7) "'Infiltration The Board agreed with DCD's recommendation to add this definition
which reads "means the downward entry of water into the immediate surface of soil."
P8l!:e 2-22. Section 1(9) "''''''''''Inner harbor line Reads "means a line located and established in navigable
tidal waters between the line or ordinary high tide and the outer harbor line, and constitoting the inner
boundary of the harbor area." The Board agreed 'l'\ith DCD's recommendation to change this section to read
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"means a line located and established in navigable tidal waters between the line of ordinary high water and
the outer harbor line, constituting the inner boundary of the harbor area."
Pae:e 2-23. Section 1(15) Invasive Snecies The Board agreed with DCD' s recommendation to add a
sentence at the end of this section which reads "Includes noxious weeds that, when established, are highly
destructive, competitive, or difficultto control by cultoral or chemical practices, as per RCW 17.10.010."
Page 2-23. Section J The Board agreed with DCD's recommendation to add the word "definitions" to this
section title for the purpose of consistency.
Pae:e 2-23. Section K The Board agreed with DCD's recommendation to add the word "definitions" to this
section title for the purpose of consistency.
Pae:e 2-23. Section L The Board agreed with DCD's recommendation to add the word "definitions" to this
section title for the purpose of consistency.
Page 2-24. Section US) Liberal construction Reads "means an interpretation that tends to effectuate the
spirit and purpose of the writing. For purposes of this program, liberal construction means that the
arlministrator shall interpret the regulatory language of this program in relation to the broad policy statement
of RECW 90.58.020, and make determinations which are in keeping with those policies as enacted by the
Washington State Legislature." Jeffree Stewart stated that this definition is lengthy, inexact and not
particularly helpful. Liberal construction in the context of shoreline management refers to a specific
statutory passage (RCW 90.58.900), yet there is no mention of this RCW in the definition. He suggested the
definition be simplified.
The Board agreed to change the language to read "means that the interpretation of this document shall not
only be based on the actual words and phrases used in it, but also by taking its deemed or stated purpose into
account."
Pae:e 2-24. Section Ull) "'LoPl7ine: The Board agreed with DCD's recommendation to add language to the
end of this definition which reads "See also Forest Practices."
Pae:e 2-24. Section L1l3) "'Lot Reads "means a designated tract, parcel or area of land established by plat,
subdivision, or as otherwise permitted by law, to be separately owned, and utilized. The area below the
ordinary high water mark shall not be considered a part of the lot area." In the last sentence the Board
agreed to change the word "shall" to the word "may" and add the words "for all purposes" so it will read
"The area below the ordinary high water mark shall be considered a part of the lot area for all purposes."
Pae:e 2-25. Section M The Board agreed with DCD's recommendation to add the word "definitions" to this
section title for the purpose of consistency.
Pae:e 2-25. Section M(4) "'Master planned resort The Board agreed with DCD's recommendation to add
"(MPR)" to the title of this definition.
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The Board agreed with DCD's recommendation to delete the definition for "Mineral extraction" and
"Mineral processing" and add a definition for "Minerals" and change the definition of "Mining" as follows:
Pae:e 2-26. Section M(7) "Minerals means clay, coal, gravel, industrial minerals, metallic substances, peat,
sand, stone, topsoil, and any other similar solid material or substance to be excavated from natoral deposits
on or in the earth for commercial, industrial, or construction use."
Pae:e 2-26 throue:h 2-27. Section M(a) Minine: Reads "See mineral extraction." DCD recommends
changing this definition to read "8. Mining or Mining Operations means, in accordance with RCW
78.44.031, all mine-related activities, exclusive of reclamation, that include, but are not limited to activities
that affect noise generation, air quality, surface and ground water quality, quantity, and flow, glare,
pollution, traffic safety, ground vibrations, and/or significant or substantial impacts commonly regulated
under land use provisions. Mining specifically includes: i. Extraction of rock, stone, gravel, sand, earth, and
other minerals; ii. Blasting, equipment maintenance, sorting, crushing, and loading; iii. On-site mineral
processing including asphalt or concrete batching, concrete recycling, and other aggregate recycling; and iv.
Transporting minerals to and from the mine, on site road maintenance, maintenance of roads used
extensively for surface mining activities, traffic safety, and traffic control."
The Board previously agreed to change the language of section iv. noted above to read "All methods of
transporting minerals to and from the mine (including conveyors, piers and barges), on site road
maintenance, maintenance of roads used extensively for surface mining activities, traffic safety, and traffic
control."
The proposed definition further reads "Mining shall not include the following: i. Excavation and grading at
building construction sites where such construction is authorized by a valid building permit; or ii.
(incorrectly noted as v) Excavation and grading in public rights-of way for the purpose of on-site road
construction, or in private rights-of-way for the same purpose if authorized by the County; or iii. (incorrectly
noted as vi) Excavation and grading for the purpose of developing ponds or manure lagoons for agriculture
purposes; or iv. (incorrectly noted as vii) Excavation and grading in connection with and at the site of any
creek, river, or flood-control or storm drainage channel for the purpose of enlarging hydraulic capacity or
changing the location or constructing a new channel or storm drain where such work has been approved by
the County; or v. (incorrectly noted as viii) Excavation and grading where the excavated material will be
used on the same property or on property contiguous to and under the same ownership as the excavation."
Pae:e 2-27. Section M(13) "'Mobile home The Board agreed with DCD's recommendation to add language
to the end of this definition which reads "See also Manufactured Home in JCC 18.10."
Pae:e 2-28. Section M(15) Monitorine: The Board agreed with DCD's recommendation to add this
definition which reads "means evaluating the effects of a development action on the biological,
hydrological, pedological, and geological elements of natoral systems and/or assessing the performance of
required mitigation measures through data collection, analysis and reporting."
Pae:e 2-28. Section N The Board agreed with DCD's recommendation to add the word "definitions" to this
section title for the purpose of consistency.
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Page 2-28 and 2-29. Section N(4) No net loss (NNL) The Board agreed with DCD's recommendation to
add the actual WAC section number referred to in this definition so' it will read "means the maintenance of
the aggregate total of the County shoreline ecological functions over time. The no net loss standard
contained in WAC 173-26-186 requires that the impacts of shoreline use and/or development, whether
permitted or exempt from permit requirements, be identified and mitigated such that there are no resulting
adverse impacts on ecological functions or processes."
Pae:e 2-29. Section 0 The Board agreed with DCD's recommendation to add the word "definitions" to this
section title for the purpose of consistency.
Pae:e 2-30. Section 0(0) Ordinarv hie:h water mark or OHWM The Board agreed to add the reference
to "RCW 90.58" at the end of this definition.
Pae:e 2-30. Section P The Board agreed with DCD's recommendation to add the word "definitions" to this
section title for the purpose of consistency.
Pae:e 2-30. Section pm "'Park The Board agreed with DCD's recommendation to add the word "for" after
the word designated in this definition so it will read "means a tract of land designated for and used by the
public for recreation."
Page 2-33. Section P(29) Pruninl! The Board agreed with DCD's recommendation to add this definition
which reads "means the removal of any of a tree's living branches."
Pa..e 2-33. Section P(30) Public Access The Board agreed with DCD's recommendation to add a sentence
to the end of this definition which reads "Public access is intended to connect people to public lands and
waters, not to allow trespassing on private property."
Michelle McConnell noted that a definition for "Public waters" with a reference to the relating RCW and
WAC will be added once direction has been given by the Board.
Pae:e 2-34. Section 0 The Board agreed with DCD's recommendation to add the word "definitions" to this
section title for the purpose of consistency.
Pae:e 2-34. Section R The Board agreed with DCD's recommendation to add the word "definitions" to this
section title for the purpose of consistency.
Pwre 2-34. Section R(5) Reclamation The Board agreed with DCD's recommendation to add this definition
which reads "means, in accordance with RCW 78.44.03 I, rehabilitation for the appropriate future use of
disturbed areas resulting from surface mining."
Page 2-34. Section R(8) Recreation. shoreline The Board agreed with DCD's recommendation to add this
definition which reads "means an activity intended for personal enjoyment and leisure. Most shoreline
recreation occurs outdoors and can be either passive (such as observation or recording activities such as
photography, painting, bird watching, viewing of water conditions or shoreline features, nature study and
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related activities) or active (such as fishing, clamming, hunting, beach combing, rock climbing, boating,
swimming, biking, bicycling, horseback riding, camping, picnicking, and similar activities). Existing rules
for health, safety and public conduct are not exempted by an action being deemed recreational."
Pae:e 2-35. Section R(20) Riparian area The Board agreed with DCD's recommendation to change this
definition title to read "Riparian corridor, zone or area."
Pae:e 2-36. Section S The Board agreed with DCD's recommendation to add the word "definitions" to this
section title for the purpose of consistency.
Pae:e 2-36. Section S(2) "'Salt-water intrusion The Board agreed with DCD's recommendation to change
this definition title to read "Salt-water intrusion or seawater intrusion."
Pae:e 2-37. Section S(9) ShelIilSh Reads "means invertebrate organisms of the phyla Arthropoda (class
Crustacea), Mollusca (class Pelecypoda) and Echinodermata." The Board agreed with DCD's
recommendation to add language to the end of this definition which reads "Shellfish possess a full, partial or
vestigial hard outer shell, carapace or exoskeleton. Examples include, but are not limited to, crabs and
shrimp, clams, oysters, mussels and other bivalves, snails, limpets, abalone and other single-shelled
gastropods, and sea urchins, sea cucumbers, sea stars."
Pae:e 2-37. Section S(12) "'''''''Shorelands or Shoreland areas The Board agreed to add the words "and
perpendicular to" after the words "horizontal plane from" so it will read "means those lands extending
landward for 200 feet in all directions as measured on a horizontal plane from and perpendicular to the
ordinary high water mark;..."
Pae:e 2-38. Section S(17) "'Shoreline Manae:ement Act The Board agreed with DCD's recommendation to
add "(SMA)" to the title of this definition.
Pae:e 2-38. Section S(20) Shoreline Vermit The Board agreed with DCD's recommendation to add
"(SSDP)" after the words "shoreline substantial development permit" in this definition.
Pae:e 2-38. Section S(22) ""'''''''Shorelines of statewide sUmificanee The Board agreed with DCD's
recommendation to add "(SSWS)" to the title of this definition.
Pae:e 2-39. Section S(24) Short plat The Board agreed with DCD's recommendation to add this definition
which reads "means a neat and accurate drawing of a short subdivision, prepared for filing for record with
the County Auditor, and containing all elements and requirements set forth in Chapter 18.35 JCC." It was
agreed to add an asterisk to the title because this is the same definition as the one in the UDC.
Pae:e 2-39. Section S(25) """Should The Board agreed to change the word "required" to the word
"preferred." Since it was the same definition as found in W AC173.26.020 the Board agreed to delete the
asterisks from the title.
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Pae:e 2-39. Section S(27) "'Silm. commerdal The Board agreed with DCD's recommendation to change the
definition title to read "*Sign, commercial or industrial."
Pa3e 2-39. Section S(28) Silm, private DCD recommended adding this definition. The Board agreed that
this definition will not be added.
Page 2-41. Section S(4n Strict construction The Board agreed to add the words "as opposed to liberal
construction." to the end of this definition.
Pa~e 2-41. Section S(42) Structure The Board agreed to remove the words "mussel racks" from the second
sentence.
Pae:e 2-41. Section S(44) Substantial development The Board agreed to add the words "or as adjusted by
WAC" after the parenthetical ($5,718).
Pae:e 2-41. Section T The Board agreed with DCD's reco=endation to add the word "definitions" to this
section title for the purpose of consistency.
Pae:e 2-42. Section T (4).(5) and (6) The Board agreed with DCD's reco=endation to add the following
three definitions:
"***Tombolo means a causeway-like accretion spit connecting an offshore rock or island with the main
shore, such as the formation that connects Hood Head to the southern shore of Paradise Bay, near the Hood
Canal Bridge."
"Topping means the removal of any part of a tree's main stem."
"Trimming means the removal of living plant matter from any type of vegetation and includes limbing,
thinning, shaping, tree pruning and topping."
Plq!e 2-42. Section U The Board agreed with DCD's recommendation to add the word "definitions" to this
section title for the purpose of consistency.
Pae:e 2-42. Section u(3)"'Urban Growth Area The Board agreed with DCD's recommendation to add
"(UGA)" to the definition title.
Pae:e 2-42. Section V The Board agreed with DCD's recommendation to add the word "definitions" to this
section title for the purpose of consistency.
Pae:e 2-42 and 2-43. Section V(2).(3) & (4) The Board agreed with DCD's reco=endation to add the
following three definitions:
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"Vegetation means all live plant material, including native and non-native, woody and herbaceous,
deciduous and evergreen, trees and understory groundcover, aquatic and terrestrial."
"Vegetative debris means all dead and downed plant material, natora1ly expired or portions of a plant
removed intentionally, such as by trimming, resulting from native and non-native, woody and herbaceous,
deciduous and evergreen, trees and understory groundcover, aquatic and terrestrial source. Examples
include, but are not limited to, leaves, needles, branches, limbs, annual herbaceous growth, and grass
clippings. A standing tree snag is not considered vegetative debris for the purposes of this program."
"Vegetation removal means physical extraction, including the whole plant plus its root structure, or
trimming in excess of that which a plant can survive even though the root structure is left in place, or
chemical expiration of plant material."
Pae:e 2-43. Section V(6) *Vicinity The Board agreed to remove the word "generally" and to change the
reference to "[Ord. 8-06 ~ 1]" so it references section 18.10.220 of the Jefferson County Code.
Pae:e 2-43. Section W The Board agreed with DCD's recommendation to add the word "definitions" to this
section title for the purpose of consistency.
Pae:e 2-43. Section W(3) Water-denendent use The Board agreed to add the words "shellfish aquaculture"
to the second sentence so it will read "Ferry terminals, public fishing piers, marinas and shellfish
aquaculture are examples of water -dependent uses." Since it was the same definition as found in RCW
90.58 the Board agreed to delete the asterisks from the title.
ARTICLE 8 - USE-SPECIFIC POLICIES AND REGULATIONS
Pae:e8 8-29 throue:h 8-31. Title 9 Shrng
David Alvarez presented a paper dated September 30, 2009 that he prepared with information on a Kitsap
County court case involving signs. He stated that section C.1 in states that signs shall comply with Jefferson
County Code (JCC) Chapter 18.30.150 which is the portion of the UDC that regulates signs. Currently,
there is an injunction in place which prohibits the County from implementing JCC Chapter 18.30.150(2)(t)
so therefore any problems with this section of the JCC are being inserted into the SMP. He provided a copy
of this section which reads "(I) Prohibited Signs. The following signs are prohibited: ...(t) Personal signs on
private property displaying personal messages such as "yard sale" or "no trespassing" or political messages
not to exceed eight square feet;..." He also noted that JCC Chapter 18.30.150(3)(h) already mentions
seaward facing signs.
Stacie Hoskins read that particular section of the JCC which reads "No signs other than those related to
water-dependent uses such as a marina are permitted to face seaward, excepting signs relating to safety
concerns such as cable crossing, construction dredging, fuel area, etc." So if it is water-dependent, a sign
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can face the water. She suggested that langnage be added to the SMP which states that signs exempt from
permit review in JCC Chapterl 8.30.150 are also exempt from permit review in the SMP. She added that
this would include political signs of any size.
David Alvarez noted that section C.8 makes a distinction between "commercial speech" and "non-
commercial speech" which is why he prepared the information on the Kitsap County court case.
Specifically, the case mentions "raincoats", but really they are big sandwich board signs worn by individuals
on street comers to advise products. Kitsap County enforced their regulations which prohibits the use of
those signs and a lawsuit was filed against the County. Eventually, the State Supreme Court concluded that
the County should never have issued an infraction. Four Justices found Kitsap County's sign ordinance to
be unconstitutional regulation of commercial speech, while four other Justices concluded the County sign
ordinance passes constitutional muster.
The text in section C.8 is exactly the same text that Kitsap County has in its zoning code. That doesn't
mean that it's bad, because only four Justices rule the same. There was never a fifth vote to find it
unconstitutionally vagne. The court decision never reached the question of whether definitions of signs was
vague. Instead, they used a 4-part test called "Central Hudson" described as follows: A four-part test
determines whether commercial speech restrictions are permissable. Cent. Hudson, 447 U.S. at 557, 100 S.
Ct. 2343. The Central Hudson test asks (1) whether the speech concerns a lawful activity and is not mis-
leading, (2) whether the government's interest is substantial, (3) whether the restriction directly and
materially serves the asserted interest, and (4) whether the restriction is no more extensive than necessary.
The party seeking to uphold a restriction on commercial speech carries the burden of justifying it. Thompson
v. W. States Med. Ctr., 535 U.S. 357, 122 S.Ct. 1497, 152 L.Ed.2d 563 (2002); Ino Ino, 132 Wash.2d at 114,
937 P.2d 154.
The first general rule is that commercial speech can be more highly regulated than other kinds of speech.
The second rule is that you have to follow the Cental Hudson test based on a U.S. Supreme Court case
called Metro Media vs. San Diego from 198 I. This case concluded that commercial speech can be regulated
in a more stringent way and it can be separated from non-commercial speech. The City of San Diego was
able to show that it did create visual blight and it did create driver distraction.
Those same public policies are not a basis here for the SMP, however, in terms of public policy we do have
safety, aesthetics and enjoyment of the shorelines. In general, David Alvarez concluded that the Board
should be aware of the Kitsap County case and the findings of the Justices.
Chairman Sullivan stated that a concern was expressed regarding the ability to have signs on private
property which read "No Trespassing" or "No Hunting." DCD staff confirmed that those signs are exempt
from the JCC 18.30 and stated that there is nothing to prevent property owners from having those types of
personal signs on their property.
Section C (incorrectlv noted as Fl. Subsection 1 The Board agreed to add language to the end of this
section which reads "and exemptions therein, also apply to this program."
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The Board also agreed that DCD's recommended definition for "Sign, private" in Article 2, Definitions is
unnecessary and will not be added.
At the conclusion of the Board's review, DCD was directed by the Board to insure that the use table reflects
the text.
Commissioner Austin moved to direct DCD to make revisions to the Planning Commission's SMP draft to
reflect the Board's changes and bring it back to the Board for final review and approval. Commissioner
Johnson seconded the motion for discussion.
The Board reviewed and agreed with DCD's recommended rewording of Article 10, Section 6, Subsection
A, Non-confonning Development.
Commissioner Johnson stated that he would like to see the program prohibit all finfish aquaculture. He
feels this Country and this State allow chemicals to be used that other countries do not allow to be used. If a
corporation goes to all the expense to put in an upland finfish operation, and they find they have to use
antibiotics because they get infected, he feels and fears that the antibiotics would be allowed. Chairman
Sullivan replied that he understands his fear, but the program prohibits many things that relate to finfish
aquaculture including the use of many chemicals and antibiotics. Commi~sioner Austin stated that he
doesn't want to penalize Jefferson County's aquaculture industry because of something that other
organizations have done or fulled to do. If there is an opportunity for the aquaculture industry to come up
with a way of having finfish aquaculture that doesn't mess up the environment then he doesn't think the
Board should discourage it
Chairman Sullivan stated that the window the Board is trying to leave open is for low-intensity, organic fish
farms. Net pens are prohibited so there is no fear of finfish aquaculture occurring in netpens.
Commissioner Johnson argued that half the fish consumed in the world is farmed. In most cases it is not
healthy due to antibiotics used on the fish that are so powerful that they are breaking down the systems of
the people who consume the seafood. If there are so many restrictions on finfish aquaculture making it
nearly impossible to raise finfish in upland tanks, why not just prohibit finfish aquaculture in upland tanks.
Commissioner Austin replied that the population of the world is growing faster than the fish supply and we
are running out of natoral fish. One way to feed people with a relatively nutritious and protein laden food is
to engage in healthy fish farming. It can be argued that not all fish farms create unhealthy or dangerous fish.
Commissioner Johnson said the Board members do not have to agree on every issue. He will look into the
matter further which can discussed again later prior to approval of the SMP.
Chairman Sullivan called for a vote on the motion which carried unanimously.
PagelI
Commissioners Meeting Minutes: Week of October 1, 2009
NOTICE OF ADJOURNMENT: Commissioner Austin moved to adjourn the meeting at
4:29 p.m. until the next regular Monday meeting at 9:00 am. or special meeting as properly noticed
pursuant to RCW 42.30.080. Commissioner Johnson seconded the motion which carried by a unanimous
vote.
MEETING ADJOURNED
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