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HomeMy WebLinkAbout4365 BREHERTON CITY COUNCIL ORDINANCE NO. ~-~ ~ AN ORDINANCE ADOPTING AMENDMENTS TO THE CITY OF BREHERTON SHORELINE MANAGMENT MASTER PROGP. AM OF 1977 WHICH PROMULGATES SHORELINE MANAGEMENT POLICIES AND USE REGULATIONS CONSISTENT WITH THE STATE OF WASHINGTON SHORELINE MANAGEMENT ACT OF 1971 AS AMENDED. WHEREAS. the State of Washington Shoreline Management Act of 171 and all subsequent amendments is the law of the State of Washington; and WHEREAS. certain duties, obligations and responsibilities have thereby become incumbent upon the City of Bremerton; and WHEREAS. the City of Bremerton approved a Shoreline Master Program by Resolution No. 1736, dated October 5, 1977; and WHEREAS, the City of Bremerton has performed the required steps under the Shoreline Management Act of 1971, and its amendments, in the preparation of the amended City of Bremerton Shoreline Management Master Program; and WHEREAS, the amended City of Bremerton Shoreline Management Master Program was adopted on February 5, 1992 by the State of Washington Department of Ecology, pursuant to WAC 173-19- 062 Submission of master pro,rams and amendments by local government and 173-19-064 Review and adoption of master programs and amendments by the department; and WHEREAS, the City of Bremerton has met the requirements of WAC 173-19 Shoreline Manaqement Act of 1971--State Master Pro.ram for amending shoreline master programs; now. therefore THE CITY OF BREMERTON DOES HEREBY ORDAIN SECTION 1. Amendments to the City of Bremerton Shoreline Management Master Program, as listed in Exhibit A attached hereto and incorporated herein by this reference, is hereby adopted. APPROVED by the City Council of the City of Bremerton on PASSED by the City Council of the this ~- ~ day of ~-~¢ r~ ~L.~ , ~992. President, City Council LOUIS MENT6~,~ Mayor ATTEST: KATHLEEN L. McCLUSKEY, Clerk SHORELINE MASTER PROGRAM City of Bremerton, W'_ashington Proposed ltevtsions AMENDED TEXT SMP AMENDMENTS Public Access .......... 1 Shore Modification ....... 38 View Protection ......... 66 Joint--Use Moorage ........ 76 Kitsap Lake & Kitsap Wetlands . . 80 Housekeepin~ Amendments ..... 81 PROPOSED AMENDMENT PUBLIC ACCESS BREMERTON SHORELINE MASTER PROGRAM JULY 31~ 1991 City of Bremerton Department of Community Development/Planning Division Project Manager: Kay W. Wilson, Senior Planner 286 Fourth Street, Bremerton, WA 98310 (206) 478-5275 The preparation of this report was financially aided through a grant from the Washington State Department of Ecology with funds obtained from the National Oceanic and Atmospheric Administration, and appropriated for Section 306 of the Coastal Zone Management Act of 1972. PROPOSED NEW SECTION PUBLIC ACCESS APPLICABILITY Shoreline public access: The physical ability of the general public to reach and touch the water's edge and/or the ability to have a view of the water and the shoreline from upland locations. There are a variety of types of public access including picnic areas, pathways and trails (including handicapped), floats and docks, promenades, viewing towers, bridges, boat launches, street ends, ingress and egress, parking and others. DEFINITION OF TERMS Physical publlc access: Unobstructed access with public use improvements which are available to the general public extending from the public right-of-way to the ordinary high water mark (OHWM) or to the wetland directly abutting the OHWM. This includes access to the navigable waters of any water body and to tidelands in marine waters. Visual public access: Access with public use improvements available to the general public which provide a view of the shoreline or water but do not allow physical access to the shoreline. General public access: Public access of a size and design appropriate to the site, size and general nature of the proposed development. Improved public access: Physical public access from the right- of-way to and along the entire waterfront of the subject property within the OHWM yard. OHWM yard: The shoreline setback area upland of the Ordinary High Water Mark. Limited public access (physical or visual): Access with restrictions that are deemed necessary to protect the health, safety or welfare of the public OR to protect and maintain a particular site. Restrictions may limit times of use, or allow access only to certain users. [A limitation to restrict access may not be based on race, sex, color, creed, age or physical disability.] For example, such restrictions may limit public use to daylight hours, limit use to residents of a private community, or restrict use of tidelands used for shellfish production. PUBLIC ACCESS I Feasible: Physically capable of being put into effect, accomplished, or utilized; practicable or suitable.. Minor Projects: Minor accessory uses, minor remodels of existing development or other minor projects requiring a shoreline permit to correspond to the impact of the improvement, when such projects meet Master Program criteria for revision of permits. [Part 3 - Revision of Permits] GOAL · Protect and enhance the rights of the general public to enjoy the physical and aesthetic qualities of the shoreline, while allowlng controlled dewelopment consistent with the public interest. · Plan, provide and maintain a comprehensive system of public access, designed to provide safe, abundant access to shoreline recreational areas, while preventing trespass onto private properties. · Encourage water-oriented shoreline uses and activities that provide an opportunity for substantial numbers of the public to enjoy city shorelines. Public access should include, where appropriate, activities ranging from camping and shellfish harvesting to the appreciation of a simple water view. Access can be to and from the uplands adjacent to the shoreline, to tidelands, beaches, stream corridors and to the water itself. While publlc access is most frequently gained over public land, it can also be a mitigating component in a development on private land. In such cases, the public may gain some form of access to or near the shoreline, while the developer is able to complete a project that otherwise may have unacceptable impacts on public views of, access to, and use of the shoreline and water. This right of access is most often obtained as a condition of development approval in the form of a public access easement. Public access could also be conveyed in fee simple (transfer of title). Public access may also be achieved by developers contributing to the cooperative development of public properties such as street rights-of-way. POLICIES 1. Incorporate.public access into all private and public developments (including land division), with the exception of: small single-family development; small multi-family development; agricultural/ranching activities; and where deemed inappropriate due to health or safety hazards, PUBLIC ACCESS 2 security requirements, environmental impacts, or undue conflict with adjacent uses. 2. Create incentives for developers to provide viewpoints, pathway sections, and view corridors between buildings, over and above minimum requirements. 3. Control development, uses and activities on or near the shoreline so as not to impair or detract from the public's visual and physical access to the water. 4. Preserve and enhance public views from the shoreline and upland areas. Enhancement of views will not be construed to mean excessive removal of vegetation that partially impairs views or creation of a view not previously existing. 5. Limit publicly-owned shorelines to water-dependent uses, public recreational uses, or protected open space. 6. Maintain, enhance, and preserve public access afforded by shoreline street-ends, public utilities and rights-of-way. 7. Design public access to include: a. Public access as close as possible to the water's edge. b. Protection of sensitive shoreline areas such as wetlands and unstable bluffs; incorporate erosion control and wildlife habitat protection measures. c. Naturally regenerating systems for prevention and control of beach erosion, such as gravel berms, drift sills, beach nourishment, and beach enhancement where appropriate. d. Provisions for public safety and ease of maintenance; e. Clear separation of public and private space by physical or other means in order to avoid unnecessary user conflict. This separation can be achieved by adequate space and through effective screening, such as with landscape plantings or fences. f. Adequate space and features to make the access area a comfortable and safe place to visit. The public space should be of sufficient size to allow passage and allow visitors to stop, linger, and contemplate the setting. It should be designed so that visitors will feel safe from such things as industrial activities, biting dogs and irate homeowners. PUBLIC ACCESS g. Features consistent with the adopted Bremerton Waterfront Access Plan where applicable. 8. Link public access points with pathway systems for pedestrians and bicyclists. Provide linkages between pathway systems, public transit routes, and activity centers. 9. Separate bicycle from pedestrian traffic. Strategically place bicycle parking racks to encourage separation of bicyclists and pedestrians. 10. Require landowners to keep public access facilities on private land maintained up to code standards to limit public liability.1 REGULATIONS 1. Public Access Requirement: Provisions for adequate public access shall be incorporated into all shoreline developments except as provided below. a. Exceptions: i. A residential project containing four (4) or less dwelling units; ii. A subdivision containing four (4) or less lots; iii. A ,,minor project".2 2. Payment in Lieu of Public Access: When public access is required, the City may authorize a payment in lieu of such public access, as follows: a. Criteria for Eligibility: To qualify to make payment in lieu of providing public access, the applicant shall demonstrate that: 1RC~/ &.24.220-210 limits the [{abitit¥ of tandowners ~ recreat~onat ushers, providing a fee is not charged, in order to protect tando~ners ~ho at[o~ public recreatJonat use of their rands. 2Defined under I)efin{tion of Terms, above. PUBLIC ACCESS 4 i. Ail reasonable alternatives have been exhausted, including but not limited to: (1) Providing "limite4 public access,,3 to protect the public health, safety or welfare or protect and maintain the particular site; (2) Designing separation of uses and activities, (e.g. fences, terracing, use of one-way glazings, hedges, landscaping, etc.) to provide security for and protect adjacent sites from unreasonable intrusions into their privacy; and (3) Provisions for access at a site geographically separated from the proposal such as a street end, vista or trail system; and ii. One or more of the following provisions apply: (1) Unavoidable health or safety hazards to the public exist which cannot be prevented by any practical means; (2) Inherent security requirements of the use cannot be satisfied through the application of alternative design features or other reasonable solutions; (3) Unacceptable environmental harm will result from the public access that cannot be mitigated; or (4) Significant undue and unavoidable conflict between any access provisions and the proposed use and/or adjacent uses would occur and cannot be mitigated. b. Public Access Payment. Where the above conditions are met, a payment in lieu of providing public access shall be made in accordance with RCW 82.02.020.4 Such payments shall be deposited into a general shoreline public access fund an~ dedicated to support established areas or to acquire extensions to the public access system in the near vicinity of the project site. 31bid. 4Rev{sedCode of Washington, Exc{se Tax regulations: prov{s~ons and [{mitations for voluntary payments by devetopers. PUBLIC ACCESS 5 3. General Public Access: Where "public access" is required for certain use activities, such access shall consist of the following: a. .Visual public access;5 b. Easement: A public access easement along the water's edge. (See "Public Access Easement" below); b. Within Adopted Waterfront Access ,,Link,, Plan Area:6 An upland sidewalk and/or pathway connecting existing or proposed water access areas where specified by the Plan, including appropriate trees, signs and street furnishings. 4. ii~'~'~ildii!=ii!~i~i~'~'ii~i=iX~'6~i~7: Where "improved public access" is '~'~'~e~d"~'~'~'f6~'"~""6'~"~'~i'h"'~'~Se activities, such access shall include: ....... ~ {~~=~=~?~ (Also see Public Access' Easement below2') ~'~:'?~?:~:~?~?T-~d' ~ entire dedicated area sh ::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: prese~ing and enhancing .............................. n'~"i~e"'"'~'e'~e't'~'~'i~'h'""~'~h'e'~ feasibl e, by the property owner; and 5 Current Commercial and Residential pubtic access requirements include: "Provide an opportunity for the public, patrons and/or residents to view the waterfront area." A "Link One" p[en for the area between the downtown and the college was adopted in 1990. "link Two" end "Link Three" ptans for two other areas of the city are proposed for adoption in the near future. 7Shaded text identifies public access provisions contained in current Master Program requirements for Commercial and I~esidentia[ Devetopment. Some wording has been revised to fit the senter~e structure of the proposed amendments. Put)tic Access Easement provision moved to Iiegu[ation 5. PUBLIC ACCESS 6 5. ~blic Access Easement: a. Size and Design: ~en re~ired, public access easements along shorelines shall be of a size and design appropriate to the site, size and general nature of the proposed development. Minim~ width (unless othe~ise specified in an adopted City plan): i. Wate~ard of the Ordinary High Water Mark (O~): Thirty (30) feet. ii. Landward of the 0~: A minimum width necessary to accommodate accessways which will not damage bluffs, stream banks, or other shoreline features, but no less than 9 9Current Commercial and Residentiat "improved pubtic access" requfrements inctude "dedication of a 12- foot public access easement to the City atong the shoreline". PUBLIC ACCESS 7 iii. Connecting nearest right-of-way and shorellne easement= Ten (10) feet.1° iv. Minlmum Wldth Exception= When the applicant demonstrates that undue hardship would result from minimum width standards, easement width may be reduced only to the minimum extent necessary to relieve the hardship. b. Recording= Public access easements and permit conditions shall be recorded on the deed of title and/or on the face of a plat or short plat as a condition running contemporaneous with the authorized land use, as a minimum. Said recording with the Kitsap County Auditor's Office shall occur at the time of permit approval (RCW 58.17.110). 6. Design and Operation= a. Development uses and activities shall be designed and operated to avoid blocking, reducing, or adversely interfering with the public's visual or physical access to the water and shorelines where feasible. b. Public access sites shall be connected directly to the nearest public street (or as otherwise provided by the adopted Waterfront Access Plan) c. Development uses and activities shall include features consistent with the adopted Waterfront Access Plan. d. Public access shall be made barrier free for the physically disabled where feasible. e. The entire dedicated area shall be open to public access from at least 10:00 a.m. to dusk (one-half hour after sunset) each day.11 7. Signs: a. The standard state approved logo or other approved signs that indicate the public's right of access and hours of access shall be constructed, installed and maintained by the property owner in conspicuous locations at public access sites. lOcurrent Cormnercia[ and Residential requirements for "improved public access" do not specify easement requirements connecting street to shoreline. 11Current Master Program provisions for "improved pub[lc access" in Co~nercial and Resfdentia[ developments: "The watkway shat[ be open to the pubtic from at [east mid-morning to dusk." PUBLIC ACCESS 8 b. Signs may control or restrict public access as a condition of permit approval, in accordance with regulation 2.a. (1). 8. Oocupancy~ Required public access sites shall be fully developed and available for public use at the time of occupancy of the use or activity. 8. Future Actions: Future actions by the applicant or other parties shall not diminish the usefulness or value of the public access provided. Table 3 - Required Public Acosss (Summary) Table 3 summarizes the public access requirements for. the~I various Uses and Activities regulated by the Master Program. Related Use Activity Amendments The remaining pages list e×isti'ng and proposed public access provisions in the various Use Activity sections of the Master Program. New wording Deleted Wording PUBLIC ACCESS RELATED USE ACTIVITY AMENDMENTS 10 TABLE 3 REQUIRED PUBLIC ACCESS (SUHHARY}~2 USE ACTIVITY GENERAL iMPROVED SPECIAL PUBLIC ACCESS REQUIREMENTS PUBLIC PUBLIC ACCESS ACCEBB AQUACULTURE F ARCHEOLOGICAL F F 1. Provide as required for AREAS & associated use. HISTORIC 2. Design and manage to give maximum SITES protection to resource. COMMERCIAL R R 1. Downtown Waterfront: In DEVELOPMENT accordance with adopted Downtown Waterfront Urban Renewal Plan. FOREST F 1. Provide along Shorelines of MANAGEMENT State-wide Significance: PRACTICES a. Roadside scenic view pullovers; b. Shoulder parking and pedestrian access to streams; LANDFILL * * 1. Provide as required for a~sociated use. MARINAS R F 1. Provide along top of breakwater where feasible. MINING F F 1. Provide safe visual access when physical access not feasible. PARKS AND R R 1. Motorized vehicular access to RECREATION beaches, bars, spits and streambeds limited to boat launching and maintenance activities. 2. All-terrain and off-road vehicles permitted only where specific areas are set aside and controlled, and only when demand is sufficient to warrant such activity. 3. Golf courses: Provide public access for dispersed passive recreation. PORT AND R R 1. Provide visual and/or physical INDUSTRY public access whenever feasible and safe. access requirements. It Is necessarily IncompLete, end does not substitute for the actual potlclem and regutattons contained in tho~e sections. PUBLIC ACCESS RELATED USE ACTIVITY AMENDMENTS 11 USE ACTIVITY GENERAL IMPROVED SPECIAL PUBLIC ACCESS REQUIREMENTS PUBLIC PUBLIC ACCESS ACCESS RESIDENTIAL R R 1. Exceptions: Multi-family DEVELOPMENT developments, subdivisions, and planned unit developments of four (4) or less waterfront lots/units. ROADS, * * 1. Public Roads with Scenic Vistas: RAILROADS AND a. Viewpoint areas; BRIDGES b. Provisions for safe pedestrian and non-motorized vehicular travel through scenic corridors. SHORE * * 1. Provide as required for STABILIZATION associated use. 2. Dikes and Levees: Provide linear public access when in public interest. Improved public access is preferred. 3. Breakwaters, Jetties, & Groins: Provide where feasible and safely compatible. 4. Bulkheads at public access sites: Provide for safe access to the water. SIGNS UTILITIES R R 1. Provide for compatible multiple use of sites and rights-of-way, including physical and/or visual access points and trail systems. WATER ACCESS * * 1. Provide as required for AND MOORAGE associated use, consistent with FACILITIES scale of project. KEY: R - Public Access required F - Public Access required where feasible * - Required as stated in Special Public Access Requirements column. PUBLIC ACCESS RELATED USE ACTIVITY AMENDMENTS 12 AGRICULTURAL PRACTICES (P. 5 0 ) 13 Policies 4. Encourage cooperative arrangements between farmers and public recreation agencies to allow public use of shorelines where it does not conflict with agricultural operations. Requlations 13Normal egriculturat practfces ere exempt from the substant(e[ deve[ol~ent permit requirement. However some practfces associated with sgricutture0 such as dikes, woutd require · permit. PUBLIC ACCESS RELATED USE ACTIVITY AMENDMENTS 13 AQUACULTURE ( P. 52 -53 ) Policies 3. ! .................... !::~*~!~:: '~¥~ ...... m~ ~ ~ ~-; ~ A ~ ~Pg:~ ........ ~ .... aquaculture development ~'""~'~'~ ~ ~ . : ====================================================== , , :.:.:.: .... ~ ...... e ~o:::.::~l~[~:ze detrimental lm acts on the visual:~:~:~:~:~6:~:~:::::~:f~:~:~:~Upland o~ers and oh the general aesthetic ~ality of the shoreline area.~4 4. Locate, design and operate a~aculture facilities to minimize potential adverse impacts on local water resources, a~atic plant and animal co--unities, land and water views, and the physical character of the shoreline. Requlat~ons ...................................... 4. A~aculture structures and e~ip~ent, EXCE~ navigation aids, shall be designed, operated, and ~aintained to blend into their surroundings through the use of appropriate colors and ~aterials. ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 1) Over-water a~aculture structures shall be constructed of non-reflective ~aterials that blend in with the shoreline environment. As policies ere revised, the sentence structure is being' changed from "subject/verb/object" to "verb/object" to be consistent ~ith comprehensive ptan poticy sentence structure, as in Aquacu[ture Policy ~. These routine changes are not being shown uith strike-out and shaded text un[ess the po[icy is being substantively revised. PUBLIC ACCESS RELATED USE ACTIVITY AMENDMENTS 14 more ithon th b. For floating culture facilities the city shall rese~e the right to re~ire a visual impact analysis consi~ttng of tnfomation comparable to that found the 1986 Department of Ecology "A~acultural ~tting Study". Such analysis may be prepared by the applicant, without professional assistance, provided that it is competently prepared. b. ~'~g'~J"~: ~eve~ Potential visual impacts on upland ownors shall not b~ a basis for denying aquaculture projects in otherwi~e ~uitable a~acult~re deVelOpment' p~:o'~:id:~::::bpport:nitiez:' for educational tours. ' PURLIC Accrss RELATFD tmr ACIlVIIY AHKNDHENT$ ~ ARCHEOLOGICAL AREAS AND HISTORIC SITES (P. 54-55) Policies 1. Identify and protect areas of special significance for enjoyment by the public. Requlations PUBLIC ACCESS RELATED USE ACTIVITY AMENDMENIS 16 COHHERCIAL .DEVELOPMENT (P. 56-61} Policies 2. Cite15 ~6~ commercial development to maximize the enjoym~h~:¥:¥~:~~ the shoreline for a substantial number of patrons, or for the general public. 3. Locate parking, circulation, and other elements of a commercial development so as not to interfere with visual quality and visual or physical access to the shoreline. b. "~t .... l~t~ .... , 15 Current wording: "Co~ercia[ devetopment shoutd be sited to maximize the enjoyment of the shoreline,.." PUBLIC ACCESS RELATED USE ACTIVITY AMENDMENTS 17 2. Commercial uses that are proposed for shoreline locations will be evaluated individually for their visual impact, waterfront relationship to the shoreline, and potential to enhance public access, direct and visual, to the shoreline. 6. Publis Access Requirements: .................................... '~'d'~"'h:~:~'~'~':"~"~'~'":"':the water's edge shall provide "improved public access" to and along the shoreline. (See ~blic Access use activity section.)~ 7. ~ ...................... d~. may spacc; 16 Requfrements for "imp¢oved pubtic access" are located in the proposed ne~ Pubtic Access section. PUBLIC ACCESS RELATED USE ACTIVITY AMENDMENTS ~ PUBLIC ACCESS RELATED USE ACTIVITY AMENDMENTS FOREST MANAGEMENT PRACTICES (P. 6 4 ] 17 Policfes 1. Conduct forest management practices in such a manner as to prevent soil erosion, protect fish and wildlife habitat, protect water quality, and maintain scenic values. 2. Water boundaries should be protected by suitable buffer strips. ........................ ~'s~a~'t~iallY: natural' COnditton;?:/:'.Ltmifi. timber .ha~est; tn, ..... ......... With[n'-shOrelines of State-wide.:signiftcance .as fo~..!9~s.~~ ............. ~rovlded'wi~h the proVi~ion.of~'~oad~de b~?'adening of road 'ShoUlder's.~// .................. parking':iand 'appropriate p-e.d.e.-s.trian, a~ce'~s ~-.-~o .th.9 ......... ' .............. stream. road' parking and az'sOcia'ted Pedestrian access OPPortunity,.to the 'stream~edge,.'.if feasible. 17Shorettne permits are not norm. fly required for forest practices. Retated activities such as road require public access and should be authorized prior to the forest practices activity occurring. PUBLIC ACCESS RELATED USE ACTIVITY AMENDMENTS 20 LANDFZLt Pollcles 2. Give priority to landfills for water-dependent uses and for public uses. In evaluatin~ fill projects, flow and circulation ~i~:~~, reduction of water ~ality, and dest~ct~6~:~:~:6:~:"'~abitat %'ili bc ccnsldcrcd. Re~lations · · ~ ~ -- ~ · · ~ ~ ~ ~ ~ ~ ~ ~ ~ "?:::.:':: :::.: .-:.... :~.:~.:~. ':~:.:.: :~ ~.'.:.:::.: :.:.:.:.:-:~:~: :.:?:.¥.:.: :.:.:.: :::,~[. :.:: ..:.:::.: :f::...~:~:~::.:.: :.:.:.::~ ~. ::::::::::::::::::::: ============================== ?::--.:.:::.:.:.: '~'~:~':':':':~:~':':':':'~:'~Verse effect upo~ '~:'~9':[~:~:~'1on, natural systems, adjoini~9 properties are prohibited. PUBLIC ACCESS RELATED USE ACTIVITY AMENDMENTS 21 MARIN;~S (P.70-7~) Pol~cles Regulations 2. Proposals for marinas shall include an evaluation of ~he following: ~a~er circulation and flushing~ marine life~ petroleum handling and s~orage~ upland impac~ visual ~ali~y~ effec~ upon ~he Environmen~ designation and land use~ and any o~her concerns deemed necessary. 3. Breakwaters constructed for pro~ec~ion of marinas shall be designed ~o allo~ public access along ~he ~op, ~here PUBLIC ACCESS RELATED USE ACTIVITY AMENDMENTS 22 MINING Policies ................................... ~:~ii~~ ~.~i!ii ~ ~ i~ii~'~i! :~ ~ Re~lations PUBLIC ACCESS RELATED USE ACTIVITY AMENDMENTS 23 PARKS AND RECREATION P. ? 3-? 4 Policies 1. Develop existing and acquired publicly owned lands to assure ~a.x.~.m....u..m. ~.e..c..~eg.t.~?..nal oppor~_nities ~:~:::,~i~!!~.~i~ 2. ~:. ~:~:~: .... ~ ........................ ~.9~. ~ ............ Ac~lre these areas by lease or .......... ~ ...... ~fom~nco~ora~ion into the public tcgcther. 5, Encourage th~ use of shor~lin~ street ~nds ',: :,:.:< :.<.: '., .: :,:-:.v ' '-:.:,:.: ' '.:.: :..: :..:-:,:.' ' :,:c c. :+: ','.<,? ' '.' ' ?:.~.:.' :~.' · -,,.'-',, .:<. ,:.' ' ' :.:. own~d~=~=~ands for pubtzc access and ~.e~ 7, Give priority to developments which provide recreational uses and other i~provements facilitating public access to shorelines, 1. Street-e~d parks, where developed to se~e co~umity needs, shall be limited to car top boat launching, waterfront viewing, swimming, or fishing, and shall be not to interfere with privacy of adjacent residential uses. PUBLIC ACCESS RELATED USE ACTIVITY AMENDMENTS 2 4 PUBLIC ACCESS RELATED USE ACTIVITY AMENDNENTS 2 S PORT AND INDUSTRY (P.75-76) Policies 6. D s~n~:and Dpera~e new ports and industry on the shoreline .............. ~ ......... to minimize adverse visual and environmental impact. Re~lations ................................. ~:~ ~ ~ ~:?~[~.~ ~'d:;~ ::b~f f ~:.~ ~d ::~ ~:[~: ~: ~ :.~'~ ~:~:~ ~:.~:~ ~:~:.i[ih~:~ ~::~ ~ ~;~t'~'~ PUBLIC ACCESS RELATED USE ACTIVITY AHENDHENTS 26 PUBLIC ACCESS RELATED USE ACTIVITY ANENDHENTS 27 18 Current .utti-fami[y "improved public access" provisions are identical to provisions. Requirements for "improved public access" are proposed to be moved to the new Public Access section. PUBLIC ACCESS RELATED USE ACTIVITY AMENDMENTS 28 RO;NDSm RAILRO;NDSm AND BRIDGES (P.81-82) Policles un c ........... t~ ~ ......... 3. Encourage rest areas, view turnout points, and picnic areas along shoreline areas, provided they do not detract from the shoreline environment. 7. Provide facilities for safe pedestrian and other non- motorized travel along public roadways in scenic areas. Re~lattons 1. ~ndscape planting is re~ired along all shoreline roads, parking, and turnout facilities to: a. Provide buffers between pedestrian and auto users; b. Enhance the shoreline driving experience; and c. Enhance and complement potential views of shoreline areas. PUBLIC ACCESS RELATED USE ACTIVITY AMENDMENTS 29 2. Applications for roads, railroads and bridges shall adequately address the following criteria when appropriate: f. That When public roads will afford scenic vistas, viewpoint areas should i~i~i~ be provided. Scenic corridors should !~!~ ~:~'~'~'~'sufficient provisions for safe pedestrian a~n-motorized vehicular travel. :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 19RCW 35.79.035 - a[tows vacations of streets abuttingt~dies of water on[~when: (a) the vacationwi(t enabte acquisition of the property for public purposes; (bi the street or alley is not suitable for certain purposes (e.g. port, park, education); or (c) the vacat;on,i[[ enable implementation of a pub[{c access ptan. PUBLIC ACCESS RELATED USE ACTIVITY AMENDMENTS 30 SHORE STABILIZATION (P. 83-87) Policies - General :~:~:~::~:~:`~:~:`~:~:~:.~:~:~:~:.::~:~:~:[~:~:~:~:~.:~:~:~:~:~:`~:~`~:~:~:.:~:`:.~:~:~:~:.~:~:~:~:~:.j:~.~.:~:~:.~:~:~:~.~:~::~:~:~:.~::~.~::~.`~:~[~[~j~:~:~: : ::: :.,...:.......: ....,.:..,,.. :::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::: :. 19 See proposed revisions to current "Shore Defense Works" section. PUBLIC ACCESS RELATED USE ACTIVITY A~ENDMENTS PUBLIC ACCESS RELATED USE ACTIVITY AMENDMENTS 32 S~NS Policies 3 ~ ~ .... ~ ~;~ aga' ' ' '" thc '.'atek bodics. Re~lations attcnt:cn-gctt:ng ~v 6. All ~'-~ .................. ~ signs and on-premiso signs shall be constmcted on existing buildings, where feasible. ~???'~::~::~:?::~'"' ':~' .................. S ~::.:.~ ' ~:':::"::'::'"?'"'~:':'::~ .............................. ~0~ ~...~:':':~' '~F~': ~:~:~:~:~:~:~:~:~:~:~:~:~:~ ~:~ ~:::::~:~: :~:~: :::~:~::; :::-::~: :::~:~: .................................. .................................. ~6~:~a ~ ~ ~ ~ ~e ~ ...................................................................................................................................................................................................................... PUBLIC ACCESS RELATED USE ACTIVITY AMENDMENTS 33 7. ~i~i~ili!!~i~i~i~i~i~i~i In Commercial designations that are ~i~i~'~e~--'f'f'~'~-~'~'fh~'~"~'~h~reline by a high bluff, the above sign restrictions and sign prohibitions may be waived by the direct?r of Co--unity Development if it can be demonstrated that vlews will not be blcckcd ~~.~?~~~ and that the signs will not be PUBLIC ACCESS RELATED USE ACTIVITY AMENDMENTS 34 UTILITIES · (P.91-92) Policies Re~lations PUBLIC ACCESS RELATED USE ACTIVITY AMENDMENTS 35 PUBLIC ACCESS RELATED USE ACTIVITY AMENDMENTS WATER ACCESS AND MOORAGE FACILITIES (P.93-95) Policies 2. Construct piers, docks and recreational floats should be constructed so as to minimize obstruction of navigable waters and not significantly reduce use of the water surface. 4. Encourage the use of ~-~-~-~- in those areas where scenic values are high, and where conflicts with recreational boaters and fish. c-m~- ..... are not greatly increased. ................ so aS'to.be a~sthetically compatible'with'the area'igiSR'ai1'~ affected'and protect ~urrounding propertie~ from undue impairment of views. · '~equlations - General 1. Prior to granting a permit for a pier, dock, or float, the effects of the structure upon navigation, recreation, and adjacent shorelines shall be determined, and disposition of the permit by the City shall reflect such determination. ~i~!?i:!i. ii"W~ ~'~'7~'~'~'~''' '"a'n'd m o Ora g~' ' f'h~'~'~' i'~t'~'?"'~'h ~'i '~ '"'~ be" '~'66 designed and constructed so as.to cause minimum wtth~?navigatio~-and public fuse ofi~.'th'e~i~i~!iwater surface~i!'a~d ....................... ~ho'r~lin'~, i~pa~rf0ent of 'viewsi~ - .... .... uses reqa/iring pUblic access, shall provide public access faqi~S.consi~tent with i~the ~cal'e~iofliii.~he' Pro~ectii~i ........................... ADD TO PART 2 DEFINITIONS SECTION: Water-oriented~ Any comb~nation of water-dependent, water- related, and/or water enjoyment uses; serves as an all encompassing definition for priority uses under the SMA. PUBLIC ACCESS RELATED USE ACTIVITY AMENDMENTS 3'7 PROPOSED AMENDMENT ~ HORE MODIFICATION BREMERTON SHORELINE MASTER PROGRAM JULY 31t 1991 City of Bremerton Department of Community Dovelopment/Planning Division Project Manager: Kay W. Wilson, Senior Planner 286 Fourth Street, Bremerton, WA 98310 (206) 478-5275 The preparation of this report was financially aided through a grant from the Washington State Department of Ecology with funds obtained from the National Oceanic and Atmospheric Administration, and appropriated for Section 306 of the Coastal Zone Management Act of 1972. SHORE MODIFICATION APPLICABILITY Shore modification: Actions which modify shore forms. These actions include shore stabillzation activities as well as dredging and landfill activities. Shore stabilization: Actions taken to reduce adverse impacts caused by current, flood, wake or wave action. These actions include all structural and non-structural means to reduce impacts due to significant flooding, erosion and accretion. Specific shore modification activities included: beach enhancement; breakwaters, jetties, rock weirs and groins; bulkheads and seawalls; flood management; revetments (riprap); and other means of shore protection. These provisions apply to all structural and non-structural shore modifications, actions and improvements associated with or in support of a specific use. They also apply to projects whose chief intent is to modify the shore of the property for which the permit applies. GOAL · Protect uplands and harbors without adversely impacting natural systems and adjacent shores, either physically or aesthetically. POLICIES - GENERAL All shore modification measures shall be consistent with the following general policies. 1. Purpose: Locate, design and construct shore stabilization measures primarily to prevent damage to existing development. a. Locate and design new development in a manner so that shore modification is not likely to become necessary in the future. b. Discourage new development requiring shore modification.- SHORE MO01F iCAT ION 38 2. Location/Design= a. Give preference to stabilization activities which use natural materials, (e.g. protective berms or vegetative stabilizatlon) over structural works (of materials such as steel, wood, or concrete), because the former have less adverse and cumulative impacts on shore features and habitats. b. Allow structural solutions to reduce shore damage only after it is demonstrated that natural methods are unworkable. c. Protect and/or restore the physlcal integrity of shore processes and other properties which may be damaged by interruptions of the geo-hydraulic system; 1) Strongly encourage or require professional design by a registered engineer to ensure that project design responds to complex modifying water movements and littoral drift systems that extend well beyond the project boundaries. 2) Require supplementary beach nourishment where structural stabilization works are likely to increase impoverishment of existing beach materials at or downdrift from the project site. e. Protect water quality and natural ground water movement; f. Protect valuable fish and wildlife vital to the aquatic food chain, including their habitat; g. Preserve valuable recreation resources and aesthetic values, such as islands, point and channel bars, braided stream banks, and other river and shore features and scenery; h. Public Access: Protect and/or enhance public access to public shores. Where projects are publicly financed or subsidized, provide public pedestrian access to shorelines for low-intensity outdoor recreation. 3. Rivers and Streams: a. Preserve rivers and streams in their natural state, free of shoreline modification, where they are not now influenced by urban growth and channelization. SHORE HO01FICATION 39 b. Avoid substantial stream channel direction modifications, realignment and straightening as a means of shore stabilization and flood management. c. Provide for the long-term multiple use of streamway resources. 4. Coordinations Encourage affected property owners and public agencies to coordinate shore modification development for an entire drift sector or homogeneous reach in order to avoid exacerbating erosion on adjacent properties. 5. Construction and Maintenance~ a. Ensure that construction and maintenance of shore modification activities does not reduce the quality of the existing environment. b. Upon completion, require restoration of shore areas to as near pre-project configuration as possible, reestablishing vegetation with native species. b. Require mitigation if loss of riparian vegetation and habitat occurs. REGULATIONS - GENERAL All shore modification activities shall comply with the followlng general regulatlons: 1. New Development: Ail new development activities shall be located and designed to prevent or minimize the need for shore modification and flood management works, such as seawalls, bulkheads, riprap, landfills, levees, dikes, groins, jetties, or substantial'site regrades. 2. Prohibited: Shore modification works are prohibited: a. In wetlands; b. On point and channel bars; c. In salmon and trout spawning areas, except for fish or wildlife habitat enhancement; d. Where in support of a nonconforming shoreline use except as permitted below. SHORE HO01F i CAT ION 40 3. Criteria for Approval: Shore modification activities are permitted when the applicant has demonstrated that: a. The proposal is in support of an allowable shoreline use that is in conformance with the provisions of this Master Program. EXCEPTION= Shore modification may be allowed as a shoreline activity when necessary to maintain shoreline stability and the natural ecology. b. The proposal is consistent with all applicable Master Program provisions. 4. Applicat~on Requirements= Proposals for shore modification shall include the following information, or as otherwise determined by the director of Community Development: a. Purpose of Project; b. Description of Proposal: i. Location of project; ii. Construction materials (e.g. materials used, dimensions of, design); iii. Method of construction (e.g. source of backfill, erosion contr01s);Purpose of project; c. Characteristics of Site: i. Toe and crest of uplands; ii. Existing buildings; iii. Existing shore stabilization and flood protection devices; iv. Ordinary, low, and high water elevations; v. Net direction of littoral drift changes and tidal currents (if any); vi. General direction and speed of prevailing winds; vii. Beach type, slope and material; viii.Uplands type, slope and material; ix. Soil types (S.C.S.); x. Physical or geologic stability of uplands; xi. Profile rendition of beach and uplands; d. Characteristics of Impact Area: i. Extent of Impact Area: (1) Marine shores: Within drift sector; (2) Rivers: One-half (1/2) mile on each side of proposed project; (3) Lakes and streams: Three hundred feet (300') on each side of proposed project; SHORE HOOl F I CAT ION 41 ii. Existing characteristics: (1) Physical, geological and/or soil characteristics; (2) Existing shore stabilization and flood management devices; (3) Presence of fish/wildlife vital to the aquatic food chain, or their habitat; (4) Rivers: hydraulic characteristics; e. Analysis: i. Potential impact upon area shore and hydraulic processes, upland stability, natural habitat, adjacent properties, shore and water uses, and public access; and ii. Alternative measures (including non-structural measures) which will achieve the same purpose. Design alternatives shall include the best available technology, including (but not limited to) beach enhancement where appropriate. 5. Project Design: The City shall require professional design of the proposed revetment if it is determined there are sufficient uncertainties, such as: a. Inadequate data on local geophysical conditions; b. Inadequate data on stream flow, velocity, and/or flood capacity; and/or c. Effects on adjacent properties. 6. Project Criteria: Shore modification activities shall be located, designed, constructed and maintained in such a manner as to: a. Minimize alterations of the natural shore and prevent adverse impacts on adjacent shores; b. Ensure long-term structural integrity; and c. Consist of natural materials (such as rock) or other materials that blend aesthetically into the surrounding shoreline. The use of discarded materials such as car bodies, uprooted tree stumps, scrap building materials, asphalt from street work, or any discarded pieces of equipment or appliances for shore modification shall be prohibited. SHORE MO0[ FICATION 42 7. Rivers and Streams: a. Shore modification works shall be designed and constructed to allow for channel migration to the extent possible. These works shall not reduce the volume and storage capacity of rivers and adjacent wetlands or flood plains. b. Modification, realignment and straightening of river and stream channel direction are prohibited unless they are essential to uses that are consistent with this program. 8. Public Access: a. Public access shall be provided when shore modification improvements are associated with or in support of an existing use which would be required to provide public access under current Master Program provisions. b. Design of public shore modifications shall include and provide improved access to public shorelines whenever possible. c. Linear public access shall be provided along new dikes when the City determines such access to be in the public interest. 9. Vegetation Management: a. All disturbed shore areas shall be restored to as near pre-project configuration as possible and replanted with native grasses, shrubs, and/or trees in keeping with existing bank vegetation. If native species cannot be obtained, acceptable substitutes may be used for stabilization purposes. b. Vegetation shall be planted and maintained on shore modification structures in a manner that will lessen the visual impact of such structures. c. The restoration of any shoreline that has been disturbed or degraded shall use native plant materials with a similar diversity and structure as what was originally occurring. d. The use of commercial nursery stock in the restoration of disturbed or degraded shorelines shall emulate the previously existing vegetation in both size, structure, and diversity at maturation. SHORE HO01FICATION 43 e. Vegetation shall generally be planted by hand, with short-term mechanical assistance when appropriate. f. All plantings provided shall be maintained. 10. Mainten&noe~ Maintenance of shore modification activities shall be the sole responsibility of the property owner. 11. Liabil~ty~ Any impact to neighboring properties caused by shore modification activities is the sole responsibility of the property owner providing such shore modification. 12. Related Permits~ Prior to the issuance of city permits for the construction and operation of shore modification works, the developer shall demonstrate approval of and compliance with all applicable federal and state permits. SHORE MO01F ICA1'1014 44 BE~CH E~CEMENT ~pplicabilit¥ Beach enhancement/restoration: The process of restoring a beach to a state more closely resembling a natural beach, using beach feeding, vegetation, drift sills, and other non-intrusive means as applicable. Beach enhancement may be used on upland, tidal and/or submerged shorelines to restore, enhance or create recreational beaches, aquatic habitat, and/or to control erosion. The materials used are dependent on the intended use. Various grades of clean sand or pea gravel may be used to enhance a beach for recreational use or erosion control. Vegetation, drift sills and other non-intrusive means may also be used as applicable. To create or restore an underwater aquatic environment such as a reef or shore may require a rock matrix and/or combination of other materials appropriate for the intended environment. Berm: A linear mound or series of mounds of sand and/or gravel generally paralleling the water at or landward of the line of ordinary high tide. Drift sills: Small groins which hold sediments in place without blocking longshore drift. Perched beach: A beach or fillet of sand retained above the otherwise normal profile level by a submerged dike or sill. Pocket beach: A Class II or III accretion beach which does not depend on littoral drift accretion. It depends on the erosion of immediately adjacent sources. In rare instances a pocket beach may also be a berm beach. Definition of Terms Class I beaches: Accretional or rollback dry beaches, the backshore of which is only wetted under extreme tide and wave conditions. These beaches are usually the accretion terminals of their drift sectors, and as such are components of points, spits, and tombolos, as well as the various bluff-offset, and bay or marsh-barrier shoreforms. Class II beaches= Marginal erosion beaches, usually at the foot of gravel-containing banks and bluffs that supply the upper foreshore with a fairly heavy drift berm, but without creating a stable and dry backshore zone above Mean Higher High Water (NHHW) level. SHORE I~OO I F 1 {~AT I 014 45 Class III beaches: Erosional beaches under' banks and bluffs that are generally low in gravel and high in clay, and where the bluff toe and upper foreshore is wave-cut below MHHW level with minimum beach material cover to protect the foreshore shelf. In addition to the general Shore Modification policies and regulations, beach enhancement projects shall be consistent with the following policles and regulations: Policles - Beach Enhancement 13. Purpose= Encourage the design and use of naturally regenerating systems for prevention and control of beach erosion where: a. The length and configuration of the beach will accommodate such systems; b. Such protection is a reasonable solution to the needs of the specific site; and c. Beach restoration/enhancement will accomplish the following objectives: i. Recreate or enhance natural shore conditions; ii. Create or enhance natural habitat; iii. Reverse otherwise erosional conditions; and iv. Enhance access to the shore, especially to public shores. 14. Design: Ensure that beach enhancement projects will not degrade aquatic habitats, water quality and flood holding capacity. Regulations - Beach Enhancement 1. Prohibited: Beach enhancement is prohibited: a. Within spawning, nesting or breeding habitat; b. Where littoral drift of the enhancement materials will adversely effect adjacent spawning grounds or other areas of biological significance; c. If it will interfere with the normal public use of the navigable waters of the state; and/or d. Where the activity is in support of a nonconforming shoreline use." EXCEPTION: Beach enhancement may be SHORE HOOIF~CATiON 46 allowed as a shoreline activity, provided that such activities are necessary to maintain shoreline stability and the natural ecology. 2. Criteria for Approval: Beach enhancement may be permitted by Conditional Use Permit when the applicant has demonstrated that: a. No significant change in littoral drift will result which will adversely affect adjacent properties or habitat; b. The proposal is consistent with Master Program provisions for the Environment Designation; an4 c. The proposal conforms to all Master Program Policies and Regulations.1 3. Project Area: Wherever possible natural beach enhancement projects shall include adjacent shores that would benefit by similar treatment so as to enhance the total shore system. 4. Application Requirements: In addition to the general application requirements, proposals for beach enhancement shall include: a. Discussion of design alternatives, including the best available beach enhancement technology, such as gravel berms, beach nourishment, drift sills, and vegetation where appropriate. 5. Design Criteria. Beach enhancement projects shall be designed so that the project will not: a. Detrimentally interrupt littoral drift, or redirect waves, current or sediments to other shorelines; b. Result in any exposed groin-like structures; EXCEPT: Small "drift sill" groins may be used as a means of stabilizing restored sediment where part of a well planned beach enhancement program; c. Extend waterward more than the minimum amount necessary to achieve the desired stabilization; 1Update Table I -- Use Compatibility Chart eccording[y. SHORE MOOIFICATION 47 d. Result in contours sufficiently steep to impede easy pedestrian passage, or trap drifting sediments (a 5:1 slope is generally recommended; a 4:1 slope is a minimum); e. Create "additional dry land mass"; and f. Disturb significant amounts of valuable shallow water fish/wildlife habitat, unless'such habitat is immediately replaced by new habitat that is comparable or better.~ 6. Construction Standards: a. The size and/or mix of new materials to be added to a beach shall be adjusted to the local wave climate for maximum percolation and stability (generally similar to that of the natural beach sediment, but large enough to resist normal current, wake or wave action at the site). b. The restored beach shall approximate, and may slightly exceed, the natural beach width, height, bulk or profile (but not so much as to obviously create additional dry land mass). c. Where foreshore sediments containing marine plants or organisms are to be covered by beach enhancement materials: The top layer (approx. 6") shall first be removed just prior to covering, carefully protected, and then added to the top of the new beach material whenever feasible. 2Sources of technical information to be used as e basis for eYatuating propose[s end determining compliance are [isted at the end of the Shore Modification section. SHORE MOOIFICA110N 48 (- BREAKWATERS~ JETTIES~ ROCK WEIRS AND GROINS Applicability Breakwater: A protective structure usually built off shore to protect harbor areas, moorages, navigation beaches and bluffs from wave action. Breakwaters may be fixed (e.g., rubble mound or rigid wall), open-pile or floating. Groin, Rock Weir, or Spur Dike: A wall-like structure built seaward perpendicular to the shore for the purpose of building or preserving an accretion beach by trapping littoral sand drift on the updrift side. Groins are generally narrow and of varying lengths, and may be built in a series along the shore. (Groins are built to preserve and promote accretion along stretches of shoreline, while jetties are built to prevent accretion near channels and/or inlets.) Jetty: A structure generally built singly or in pairs perpendicular to the shore at harbor entrances or river mouths to prevent the shoaling or accretion of littoral sand drift. Jetties also protect channels and inlets from storm waves and cross-currents. In addition to the general Shore Modification policies and regulations, breakwaters, jetties, rock weirs and groins shall be conslstent~wlth the followlng pollcies and regulations: Policies - Breakwaters, Jetties, Rock Weirs and Groin~ 1. Breakwaters: Encourage the use of breakwaters which are open-pile or floating structures anchored in place so as not to impede longshore sand and gravel transport and fish movement, rather than solid breakwaters. (SDW Policy 4. revision) 2. Jetties: Discourage jetties, because they partially or totally block shore processes, are irreversible in nature and require an on-going and costly dredging or beach feeding program to alleviate erosion or accretion problems. 3. Rock Weirs and Groins: Allow rock weirs and groins where designed as part of a larger planned system intended to minimize the overall need for shore modification activities. Discourage rock weirs and groins which purposefully trap and accrete beach forming materials but may erode downdrift beaches or banks, having adverse effects on other shore resources and users. SHORE HO01F[CATION 49 4. Public Access: Include public access or multiple use opportunities in the design of breakwaters, jetties and groins, to increase public use and enjoyment of the shorelines where such access is safely compatible with the structures. (SDW Policy 9. revision) Requlations - Breakwaters, Jetties, Rock Weirs and Groin~ 1. Prohibited: a. Breakwaters, jetties, rock weirs and groins: i. In lakes; ii. Which would result in a net adverse impact on adjacent and nearby properties and shorelines; b. Groins: For the purpose of gaining access across tidal areas to deep water, unless integral to a public access project. 2. Notification Requirement: Applicants for groins, jetties & solid breakwaters shall notify by registered mail all shoreline landowners within the same drift sector3, or if it is not possible to determine the drift sector, within a one (1) mile of the project proposal. 3. Breakwaters: ...................................................................................................................................... Add definition to Master Program part 2 - DefinitiOns: Drift Sector - A particular reach of marine shore in which littoral drift may occur without significant interruption, and which contains any and all natural sources to such drift, and also any accretion shoreform(s) accreted by such drift. Each normal drift sector contains these shore process elements: feeder bluff or estuary, driftway, littoral drift, and accretion shoreform. SHORE MODIFICATION 50 c. Open-pile or floating breakwaters shall be the only type allowed unless it can be shown that solid breakwaters will have no adverse effect on the aquatic biology and shore processes. 4. Jetties, Rock Weirs and a. Allowed subject to approval of a Conditional Use Permit only for navigational purposes, industrial activity, marinas, erosion control, fisheries or habitat enhancement, and public beach management as integral components of an overall resource management plan. 5. Design: a. Proposed designs for new or expanded breakwaters, jetties, rock weirs and groins shall be designed by and so certified by a registered civil engineer. b. .The design of breakwaters, jetties, rock weirs and groins shall conform to all applicable requirements established by the State Departments of Fisheries and Wildlife and the U.S. Army Corps of Engineers. c. Floating breakwaters shall be used in place of solid~ rubble mound types wherever they can withstand anticipated wave action, in order to maintain sand movement and protect fish and aquatic habitat. d. Breakwaters, 3etttes, rock eirs ................ :) ............................................................................................................... e. Public Access: New breakwaters, jetties rock weirs an~ groins shall incorporate provisions for public access, such as sightseeing and public fishing, if it is determined such access is feasible and desirable. 6. Beach Maintenance: The effect of proposed breakwaters, jetties, rock weirs, and groins on sand movement shall be evaluated during permit review. The beneficiaries and/or owners of large scale shore modification works which substantially alter, reduce or block littoral drift and cause new erosion of downdrift shores shall be required to establish and maintain an adequate long term beach feeding program as follows: SHORE HODI FICATION 51 a. Groins, Breakwaters and Rock Weirs: By artificial beach feeding. b. Jetties: By artificially transporting sand to the downdrift side of the inlet. SHORE HOOf F I C~,T iON 52 BULKHEADS AND SEAWALLS Applicability Bulkhead: A wall usually constructed parallel to and near the shore, whose primary purpose is to contain and prevent the loss of soil caused by erosion and wave action. Bulkheads are used to protect bluffs by retaining soil at the toe of the slope or by protecting the toe from erosion and undercutting. Bulkheads may also be used to protect the perimeter of a fill often associated with single family and other developed properties. Bulkheads are typically constructed of poured-in-place precast concrete, steel or aluminum sheet piling, wood, or wood and structural steel combinations. Bulkheads may either be thin structures penetrating deep into the ground (e.g. sheet piling - Figure )' or more massive structures resting on the surface (e.g. sand or grout-filled bags - Figure ). Seawall: Structure separating land and water areas primarily to prevent erosion and other damage by wave action. Generally more massive and capable of resisting greater wave forces than a bulkhead. In addition to the general Shore Modification policies and regulations, bulkheads and seawalls shall be consistent with the following policles and regulations: Policies - Bulkheads and Seawalls 1. Purpose: a. Allow bulkheads only where it is demonstrated that natural shore modification methods (e.g. protective berms, beach enhancement or vegetative stabilization) are unworkable to prevent damage to existing development. b. Generally discourage construction of bulkheads to protect feeder bluffs, particularly in areas not already developed or not already subject to shoreline modification. c. Deny approval for bulkheads as a solution to geo- physical problems (e.g. mass slope failure, sloughing, landslides) caused by factors other than bank erosion. 2. Impacts: Evaluate the cumulative effects of allowing bulkheads along segments of shoreline prior to granting individual permits or exemptions. SHORE MODI F ZCATION 53 Requlations - Bulkheads and Seawalls 1. Slngle Family Permit Exemption= The construction of a normal protective bulkhead common to an existing single family residence is exempt from the Substantial Development Permit requirement (see definition of Substantial Development). To qualify for the substantial development permit exemption, a statement of exemption shall be obtained from the City before commencing construction. 2. Prohibited= a. For the primary purpose of retaining a landfill proposed in conjunction with a non-water-dependent or non-public use. b. For any purpose when the bulkhead/seawall will cause significant adverse erosion or beach starvation. 3. Criteria for Approval= Bulkheads/seawalls may be allowed only when the following conditions apply: a. Wave erosion threatens one of the following: i. An established use or existing building(s) on upland property that is consistent with this Master Program; or ii. A vacant parcel or nonconforming use or activity, subject to approval of a Conditional Use Permit; b. And: i. All alternatives are unworkable, including: use relocation; use design; the use of natural materials and processes; non-structural shore modification options; and revetments; ii. The bulkhead/seawall is not located on a shore where valuable geo-hydraulic or biological processes are sensitive to interference and critical to shoreline conservation (e.g. feeder bluffs, marshes, wetlands or accretion shoreforms such as spits, hooks, bars or barrier beaches); iii. Local physical conditions such as foundation bearing material, surface and subsurface drainage are suitable for such alterations; and SHORE MOO] F ICA? ION 54 ( -- (-- iv. If the bulkhead/seawall is for the primary purpose of retaining a landfill: The proposal is in conjunction with a water-dependent or public use. 4. Location: On all shorelines, bulkheads/seawalls shall be located landward of the OHWM, landward of protective berms (artificial or natural), and generally parallel to the natural shoreline. In addition: a. Marine Accretion Beaches: Bulkheads/seawalls shall be set back a minimum of twenty-five (25) feet landward of the OHWM, shall not extend waterward of OHWM, and shall parallel the natural shoreline; EXCEPT: On sloping or bluff/cliff shore, bulkheads shall be placed as far landward of the OHWM as is feasible. (See Figure .) b. Driftways and Lake Shores Subject to Erosion: Bulkheads/seawalls shall be located within one (1) foot of the bank toe and shall generally parallel the natural shoreline. (See Figure __.) c. On Bluff or Bank Shorellnes with no Adjacent Bulkheads/Seawalls: Bulkheads/seawalls shall be as close to the bank as possible and in no case shall be more than three (3) feet from the toe of the natural bank. d. A bulkhead/seawall for a permitted landfill shall be located at the toe of the fill. e. Bulkheads/seawalls may tie in flush with existing bulkheads/seawalls on adjoining properties. i. Exception: Where an adjoining bulkhead/seawall extends waterward of the OHWM or the toe of the bank or permitted landfill, the location requirements of Requlation ~4.a., ~4.b., and/or .~4.c. shall apply. ii. If there is an existing bulkhead/seawall on only one of the adjacent properties, the proposed bulkhead/seawall may tie in flush with the adjacent bulkhead/seawall at or landward of the OHWM and minimize the land area waterward of the required setback. However, the required setback shall be met on the side not abutting an existing bulkhead/seawall. SHORE MO01FICATION 55 f. Replacement bulkheads/seawalls shall be located no further waterward of the existing bulkhea~ than is necessary for construction of new footings, except where the existing bulkhead has not been backfilled or has been abandoned and is in serious disrepair. g. The base of the bulkhead/seawall shall rest upon the in-situ foreshore platform/shelf below the littoral drift material. 5. Designs a. Bulkheads/seawalls shall be sited and designed consistent with appropriate engineeringprinciples. Professional geologic site studies or design may be required for any proposed bulkhead if the City determines sufficient uncertainties exist. Grounds for such determination shall be inadequate information or expertise on local physical features and/or potential damage to other shoreline properties and features. b. Bulkheads/seawalls shall be designed for the minimum dimensions necessary to adequately protect the development. c. Stairs or other permitted structures may be built into a bulkhead but shall not extend waterward of it. d. Bulkheads/seawalls shall be designed to permit the passage of surface or ground water without causing ponding or saturation of retained soil/materials. e. Adequate toe protection (i.e. proper footings, a fine retention mesh, etc.) shall be provided to.ensure bulkhead stability without relying on additional riprap. i. Sheetpiling and precast concrete slabs with vertical waterward faces shall include adequate tiebacks and toe protection. 6. Construction Materials: Materials used in bulkhead/seawall construction shall meet the following standards: a. Bulkheads/seawalls shall utilize stable, non-erodible, homogeneous materials (e.g. concrete, wood, rock riprap or other suitable materials) which will accomplish the desired end with the maximum preservation of natural shoreline characteristics. SHORE MODIFICATION 56 b. Beach materials shall not be used for fill behind bulkheads/seawalls except clean dredge spoil from a permitted off site dredge and fill operation. 7. Public Access: When a bulkhead/seawall is required at a public access site, provision for safe access to the water shall be incorporated into bulkhead design. 8. Related Permits: Bulkhead/seawall design and development shall conform to all other applicable state agency policies and regulations, including the Department of Fisheries criteria governing the design of bulkheads. SHORE MOOt F]CATION 57 FLOOD MANAGEMENT APPLICABILITY Flood management: Actions taken to prevent or mitigate damage due to flooding. Flood management projects or programs may include physical and/or regulatory controls, including dikes, dams, lakes, engineered floodways, bioengineering, and land use management (e.g. planning and zoning). Flood management also includes repair and maintenance Of flood control systems if the systems are enlarged or otherwise modified. Dike: Constructed earthen embankments for the purpose of flood control. In addition to the general Shore Modification policies and regulations, beach enhancement projects shall be consistent with the following policies and regulations: Requlations 1. Flood management diking shall be landward of the floodway base (100-year frequency) flood and any marshes, bogs or swamps associated or directly interrelated and interdependent with the river. 2. Dikes and levees shall be limited in size to the height required to protect adjacent lands from the predictable annual flood. SHORE lqO0 i F I CAT ION 58 REVETMENTS Applicability Revetment: A sloped shoreline facing built to protect an existing eroding shoreline or newly placed fill against waves, wakes, currents, or weather. Revetments are most commonly built of randomly placed boulders (rlprap), but may also be built of sand-cement bags, paving or building blocks, gabions (rock filled wire baskets), or other systems and materials. The principal features of a revetment, regardless of type, are: heavy armor layer; filter layer; and toe protection (see Figure ). Riprap: Large quarry rock used as building material in construction of "rip-rap" revetments, seawalls or jetties. In addition to the Shore Modification policies an4 regulations, revetments shall be consistent with the following policies and regulations: Policies 1. Purpose: a. Limit the use of armored structural revetments to situations where non-structural solutions, such as bioengineering, setbacks, and buffers or any combination therefor, will not provide sufficient shoreline stabilization. 2. Design: a. Combine bioengineering techniques with armored revetments where feasible.4 b. Where armored revetments will be impractical, costly and ineffective, consider revetments that are particularly adaptive to conditions, ranging from jetted willow poles, piling revetments, jacks, brush mats and others. c. Design, improve and maintain revetments to provide public access whenever possible. & Bioengineering is the' preferred "best practices" choice when considering shoretine stabilization. Soi[ "bioengineering" is a technotogy edlich involves restoration of altered or threatened shoretines to reestabtish a native ptant co~n~qity es a dynamic syste~ that stabilizes the land from the effects of erosion. SHORE MOO IFICATION 59 3. Mitigation: Require mitigation if loss of riparian vegetation and habitat occurs through construction and/or maintenance of revetments. 4. Existing Revetments: Encourage enhancement of existing riprap shorelines to restore lost riparian/shoreline habitat and public values. Requlations - Revetments 1. Revetments are only permitted subject to approval of a Conditional Use Permit in the Conservancy, Kitsap Lake, Kitsap Lake Wetlands, and Tracyton Beach Natural System environments.5 2. When permitted, the siting and design of revetments shall be performed using appropriate engineering princles, including guidelines of the U.S. Soil Conservation Service and the U.S. Army Corps of Engineers. 3. When permitted, bank revetments shall be placed at the extreme edge or bank of the shoreline. 4. Where armored revetment is employed the following design criteria shall be met (see Figure ): a. The size and quantity of the material shall be limited to only that necessary to withstand the estimated energy intensity of the hydraulic system; b. Filter cloth must be used to aid drainage and help prevent settling; and c. The toe reinforcement or protection must be adequate to prevent a collapse of the system from river scouring or wave action. 5U~ate Teb|e 1 -- Use C~t~bJ|ity Chart eccord~ng[y. SHORE MODIFICATION 60 INCORPORATED INTO SHORE MODIFICATION SECTION BY REFERENCE' DREDGING (P.62-63) In addition to the specific provisions for Dredging activities, such activities shall comply with the general Shore Modification policles and regulations. LANDFILL (P.68-69} In addition to the specific provisions for Landfill activities, such activities shall comply with general Shore Modification Policies and Regulations. SHORE MO01F ICAT ION 61 Sheet piling Figure Bulkheads Constucted of Thin Sheet Piling With Deep Foolings Drain Pipe k,, V.o.tatlon Top~oll · ~ FiIIocl Bag& Gravel Flllar , Toa Ptoler.,tiott Figure - Bulkheads of Massive Stucture Resting on Sand or Grout Filled Bags SHORE HOOIFICATION 62 G~blon m~l (rock Figure Typical Gabion Cor~ructlon / · :~ T~.pIoll F~re Bu~d Seiback ~fflnlmnm Along Ma~e Accretion B~ch~ . Figure Recommended Location of Bulkheads Along Driftways and Lakesh ores t Vegetation RIprap Filler Cloth Toe Protection Figure Examples of Design Criteria for Pdprap Revetments SHORE llll~ I F ICl'( I O)i 64 SHORE MODIFICATION TECHNICAL REFERENCES The following sources of technical information will be used as a basis for evaluating proposals for shore modification and determining compliance. Bauer, Wolf, Marine Shore Resource Analysis: Shoreline Dynamics, City of Seattle, Department of Community Development Environmental Management Division, 1978. Shoreline Master Program Handbook, Department of Ecology, Shorelines and Coastal Zone Management Section, First Edition, 1990. Draft Shoreline Administrators Manual, Washington State Department of Ecology, Shorelines and Coastal Zone Management Section, April 1990. Canning,Douglas J., Shoreline Bluff and Slope Stability: Technical Manaqement Options: Shorelands Technical Advlsor¥ Paper No. 2, Washington State Department of Ecology, Shorelands Division, July 1985. Terich, Thomas A., Livlnq with the Shore of Puqet Sound and the Georqia Strait, Sponsored by the National Audubon Society, Duke University Press, Durham 1987. Shorellne Public Access Handbook, Compiled by James W. Scott, Washington State Department of Ecology Shorelands & Coastal Zone Management Program, February 1990. SHORE MOD ~ F ] CAT l ON 6 5 SHORE DEFENSE WORKS DEFINITION Shoreline defense works are structures or used on n~ar~ne shores for diverting wave erosion, protecting harbors, and controlling the ~,ove~,ent of sand, i.e., ds, breakwaters, gro~ns, and jetties. GOAL To protect the upland and harbor portions the shoreline, without adversely ir~pacting natural syst and adjacent shorelines, either physically or aesthet~ca~ . POLICIES 1. The effect of proposed shore de e works on public access to publicly owned shoreline sho be considered. 2. Shore defense works shall bi designed to have a degradation of views, and d adverse effects on nmtural r~ar~ne resources. 3. Construction of shore d ense works should not be ccns~dered until effects to ad ant shores have been re~ewed and determined. 4. Float~ng or open kwaters which do not ~r~pede l~ttoral drift or r. arine 1 are preferred over sol~d breakwaters. 5. Bulkheads shoul be constructed only for the p~otect~on of upland propert or facElities, and not for the indirect purpose cf c ting land, or f~ll~ng beh~d the bulkhead. 6. Bulkheads d be constructed so as to not adversely affect joining property, to blend in ~ith the surround s, and to not detzagt from the aesthetic qualiti ~ of the shoreline. 7. Bul ads of r/p-rap construction utilizing natural mat ~als (i.e., stacked rocks/boulders) are preferred over th, other types of construction, such as timber or.concrete 8. ore defense works should be designed to ~nin,~ze adverse effects on w~ld]ife propagation and mover,ant. Breakwaters should provide recreational opportunities, as well as protection to the . shoreline area or facilities, where possible. 83 ~0. Groins will only be allowed when nece~sar protect and preserve existing natural features, or for the public Denefit. ~EGULATION$ 1. Prior to granting a Substantial Deve >ment Permit for shore defense ~orks (bulkhemd, bre~kwmte gro~ns, and jetties), the effect of such development on djacent properties shall be deters,~ned, and the dec~s~ the City ~hmll reflect such determination. Appl~cat~o~ for such development, even if e×e~.pt by definition, ~ust accompanied by appropriate ~nformation, as follows: a. Bulkheads: Configuration o: shoreline and consistency of bank ~aterial for land ~ithin 300 feet ~n both directions f the proposal; 2) Type and e of construction; 3) Elevation toe and crest of the bulkhead with respect t waters levels; 4)Directi~ of net longshore drift, (~here a' ate); 5) !~orma low and high water elevations {when appr, pr~ate). " b. ~gD~¥a rs: 1) ~ of breakwater: 2) struct~on ~aterlal: . 3) Method of cons%ruction: 4 Direction of net longshore drift. c. ettfes and Gro~ns: I) Reason for project; 2) Type of construction; 3) l{ethod of construction; 4) D~rect~on of net longshore drift, and resultant beach material ~.over~en~. $4 2. Shore defeni-' works shall be eva~uat(-- using the criteria provided in ..~C 220-110. Current ~u~de~nes (1987) state: e. The le~est t~dal elevations for the toe of sloping or ~. vertical bp~kheads in the ~re~.erton area is as '. (Tidal ~eference Area ~5): ~ulkheads Adjacent A~l other ~ea Areas to S~elt ~a~ninq ~eds Vertical S~oping ~ulkhead Bulkhead + 11.0 + 9.0 + 6.6 b. The faces o~ bulkheads shall constructed ~er~anent ~aterial not readily su eot to erosion. c. Sl~p~ng bulkheads shall have slope n~t greater than 1.5 horizontal to 1 foot vert d. Bulkheads shall only be c~n~ ucted during lo~ tides. e. ~ulkheed forms shall be c~ tructed so that leaching of concrete is mfnfm~zed E×pcsed concrete shall be covered or cured prior ~ater contact. f. Bulkhead construction =s restricted to the following time ~eriods: I 1) June 26 to ober 15, adjacent to Smelt ~ beds ~ithin air ~nlet and Dyes ~nlet. (The ~elt spawn beds are shown on F~gure 4.) 2) June 16 tl ~h March 14 ~n all other areas. 3. ~hore defense wot! shall be located and constructed ~n such a ~,anner as to adversely affect nearby 5e~ches and to n, inim~ze altera of the natural shoreline and inpacts on adjacent shorel nos. 4. Bulkheads sba' be placed as close to the e×i~ting bank as feasible, a~ parallel to the natural shoreline. When bulkhead ~ proposed between two adjacent ex~sting bulkheads, he proposed bulkhead ~,~y be pez~tted to extend out to f~r: a straight ~ne with the adjacent bulkheads it is that no adverse i~,pacts w~31 occur. 5. The loc ~on of a breakwater ~hall not render the remaining open wa surface unusable by the publfc. 6. ~reak' ~ters shall only be allowed for protectfon of natural feat es, for publfc benefit, for naviGatfonal or recreatfonal purposes, or for commercSal activities and 85 ( ~ar~nas. 7. Jetties and groins shall. he d gned to he visually compatible with their surrounding 8. Shore defense works shall be cted of material and in a manner that will ensure lon structural ~ntegrity. 86 PROPOSED AMENDMENT VIEW PROTECTION BREMERTON SHORELINE MASTER PROGRAM JULY 31v 1991 City of Bremerton Department of Community Development/Planning Division Project Manager: Kay W. Wilson, Senior Planner 286 Fourth Street, Bremerton, WA 98310 (206) 478-5275 PROPOSED AMENDMENTS ! :~!iltext~!il~ ~PrOP°sed ~newWording'is'. ishown With ,,shaded : ~::~" ::::::::::::::::::::::::::::: ...... raP!es ~:..:'::: ~.-~ ~,~.,~.': O.r~:~::. ~i:::::::~r~:~g: '::::.:.-...' :..i: :::::::::::::::::::::: PART 7 S~ORELINE USE ACTIVITY GOALS, POLICIES AND REGULATIONS [] REVISE TABLE 2 TEXT (P.41}: [] REVISE TABLE 2 (P.45-46): · (SEE FOLLOWING PAGES) · VIEW PROTECTION 66 TABLE 2 ENVIRONMENT DESIGNATION SHORELINE ~ HEIGHT SETBACK ~ [ 3 ] URBAN CONSERVANCY Utility Lands 25' i~*~i~!i [5] 25' [6] Other 25' 60% 25' [6] RES IDENTIAL Single ~am!ly 25' ~ 25' [6] CO~RCIAL Water-Dependent 0' [6] 35' [6] Water-Related 25' [6] 35' [6] Water-Enj o~ent 25 ' [ 6 ] 35 ' [ 6] Non-Water-Oriented 50' [6] 35' [6] VIE~ PROTECTION 67 ENVIRONMENT DESIGNATION SHORELINE ~ - HEIGHT SETBACK ~ii ~,W [ 3 ] INDUSTRIAL Water-Dependent 0' [5] 35' [6] Water-Related 35' [5] 35' [6] ~TATURAL SYSTEMS [1] Shoreline Setback - Minimum setback for structures landward of OHWM: PROVIDED, that an activity adjacent to a marine bluff may be subject to a special marine bluff review ~"~?~a:;~ i~?:i i~?~:~!~ ~:~:~ ?:i~::~nf/~: ~ i:.~:~:~?~!?: ?'~6~.i~:~!'' .................................................................................................................. [2] ~':~;'::f:~?~:-:.C~f~'~:~ - Minim'an lot -~idth to bc .!.~.f.~.....~.D..._SPS, D.~ ......... .......... · ...,._, ..., ............. : .- ._ .::. ,:.....~:.: :. ,:-.: .....:..:,: :.-.: =.:.. :.:.:< :.:.~ ...,:.:.:.:: :.: :.:,:.: :..:.:,:.:.:.:. :.:. ,.~: ,..:. :.:: :.:,? :,..: :,:.:,:.:.:.:.:.:.:.:.:..::::::::::::::::::::::::::::: ::: :. :~?~:~:~:~:~:~:~: -: ~:~:'~ ~:{:~ ~: :?~:~:~:~:~:~:~:~:~:~:~?~:~:~::,:.:.:.:.:,:.:.:: :.:.. ,.:. 1Rev|$~on of current Table 2 Note #2. VIEW PROTECTION 68 [3] Height ~d~'~?~':~?~?~ - Maximum height above Average ~ ..... ...... d~ ....... ei 'ess othe~ise specified. [53 No Shoreline Maste~....p.[gg~9~....~9~.~.rement; which mcans that Zoning Orainance, ~h~=~a~~=.~-~~?~=~=, or other applicable thc ~ ..... .......... dcsl~natlcn ~c as ~-'~,,d f~om ~ ~: ~:~; ~ ~;: ~:~ ~:.:~:;: :~:;:~: :~:~:~:;:~::::::: ::::: ::::::::::::::::: ::: ::::: :::: :::::: :::::::: :: :):{:::: :~: ::~: :::::::::::::::::::::::::::::::::::::::::::::::::::::::: 2Revfs{on of current Table 2 Note #1. 3Rev{s{o~ of current Tabte 2 Note #7. VIEW PROTECTION '~ ¢ fir:t ..... h~ ~I ~,,e. [NA] Not applicable. [] VIEU PROTECTION 7 0 EXAMPLES OF VIEW CORRIDOR/HEIGHT REQUIREMENT Figure [6] on the following page gives an example of the proposed view corridor/height requirements as applied to lots that are 40~, 60~ and 90~ wide. Figure [6-A] is a comparison of the existing 40% Open Area requirement with the proposed View Corridor requirement (NOT. PART OF AMENDMENT). VIEW PROTECTION D NEW VIEW PROTECTION SECTION APPLICABILITY The protection of "scenic vistas" within the shorelines and water bodies is an important objective of the Shoreline Management Act: In the implementation of this policy the public's opportunity to enjoy the physical and aesthetic qualities of natural shorelines of the state shall be preserved to the greatest extent feasible consistent with the overall best interest of the state and the people generally. (RCW 90.58.020) No permit shall be issued pursuant to this chapter for any new or expanded building or structure of more than thirty- five feet above average grade level on shorelines of the state that will obstruct the view of a substantial number of residences on areas adjoining such shorelines except where a master program does not prohibit the sane and then only when overriding considerations of the public interest will be served. (RCW 90.58.320) The protection of significant views is a form of public.access requirements: the access being visual rather than physical. Consideration must be given to protection of the visual quality of the shoreline resource and to the naintenance of view corridors to and from waterways and their adjacent shoreland features. GOaL ! Preserve the public,s opportunity to enjo~ the physical and aesthetic qualities of natural shorelines to the greatest extent feasible. POLICIES 1. Control development, uses and activities on or near the shoreline so as to not impair or detract from the public's visual access to the water. 2. Enhance and preserve public views from shoreline and upland areas. View enhancement should not be construed to mean vIEW P~OTE~T ION 74 excessive removal of vegetation that partially impairs views. 3. Maintain, enhance and preserve visual access on shoreline street ends, public utilities and rights-of-way. REGUL~TIONB 1. Shoreline uses and activities shall be designed and operated to avoid blocking, reducing, or adversely interfering with the public's visual access to the water and shorelines (see Table 2 - Development Standards Matrix). 2. Public lands such as street ends, rights-of-way, and utilities shall provide visual access to the water and shoreline in accordance with RCW 35.79.035 (Limitations on vacations of streets abutting bodies of water). 3. Submerged public right-of-way shall be preserved for visual ~CC~. 4. In providing visual access to the shoreline, the natural vegetation shall not be excessively removed either by clearing or by topping (see "Grading and Drainage" and "Land Clearing" sections). 5. Development on or over the water shall be constructed as far landward as possible to avoid interference with views from surrounding properties to the shoreline and adjoining waters. 6. Marinas with covered boathouses shall limit their height above mean sea level (see Table 2 - Development Standards Matrix). VlE~ P~OTECTiON 7 5 PROPOSED AHENDHENT JOINT-USE MOORAGE BREMERTON SHORELINE MASTER PROGRAM JULY 31~ 1991 City of Bremerton Department of Community Development/Planning Division Project Manager: Kay W. Wilson, Senior Planner (206) 478-5275 RESIDENTIAL DEVELOPMENT Policies Requlat~ons New Policy: ..................................... ~:~b~d~'~ ~ ~:~ ~:::,~: ~ ~5:~ ?~:~6~ ........................................................................................................................ ~:~ :~:~:~:~:~ :~: ~: :: :::::::::::::::::::::::::: ~:~ :~ :~:' :::" :~:~:: :: :~: :~::;~: :: :::: :~:~:~:::::~:~:' :::::' :::~: ~: ::: :~ :::~:~ :~: ::' :~:::: :~2:: ::-: :~: ~:::~:-. ::::::::::::::::::::::::::::::::::::::::::::::::::: JOINT-USE MOORAGE WATER ACCESS AND MOORAGE FACILITIES Policies New Policy: REGU~TIONS JOINT-USE HOORAGE ? 7 JOINT-USE ~OORAGE 7 8 Boat launch ~ramps may be peat%ted for lndtvldual residences where the uPIand slope within .tWenty-five (25),fee~ bf the'~ ........... OHWM does~not~ exceed twent. Y'f~v? (25) percent and/6~i where SubstantiallC6tting. gradlng~~ filling or defense Q6~s a~e ............................. demOn.Strate!.~:and-dOcument tha{?adeqUate ~mai~tehanC~"! Floats.: more than two (2) foot:above the water's' Surfac~ an& ~ust have reflectors for nightthe visibilitY;::' exceed sixty-four (64) s~are feet. ....... ' d. ~o~n~-use floats shall not exceed n~nety-szx (96) ............................... ~indus'trial .~nt'erpris~s 'shall not ~ granted unl~S:S'":.i:t:.~ ~etemin~ ~at adjacent co~erCial.:and/or in~ust'ri~:t.: ente~rzses are not wxllxng:to coo eratz'velv:'develo~'::'~ JOIN]'-US~ ~O0~aGE '7 9 PROPOSED AME NDME~"~ KITSAP LAKE & KITSAP WETLANDS BREMERTON SHORELINE MASTER PROGRAM JULY 31, 1991 City of Bremerton Department of Community Development/Planning Division Project Manager: Kay W. Wilson, Senior Planner (206) 478-5275 PROPOSED AMENDMENTS [] CHANGE NAM~ OF "KITBAP BOG": The term "bog" has been a derogatory term and does not convey the true value of these wetlands at the south end of Kitsap Lake. Change the name of "Kitsap Bog" to: Fc[tsap Lake Wetlands [] REVISE TABLE I - USE COMPATIBILITY CHART: KITSAPLAKE/KITSAP ~TLANDS: LAI~DFILL Landward of OHWM: ~ LANDFILL Waterward of OHWM: ~ [] REVISE TABLE 2 - SETBACK, HEIGHT AND WIDTH REQUIREMENTS: Revise Table 2 as recommended in proposed "View Protection" amendments, to determine setback, height and width requirements within the Kitsap Bog designation by Conditional Use Permit (CUP). K]TSAP LAkE & I~ITSAP BOG 80 PROPOSED AMENDMENT HOUSEKEEPING AMENDMENTS BREMERTON SHORELINE MASTER PROGRAM JULY 31, 1991 CONTENTS PART i - GENERAL PROVISIONS Master Program Application Appeal Amendments to Master Program PART 2 - DEFINITIONS Adjacent Lands PART 3 - PERMIT PROCEDURES Geographic Applicability Development Activity that Requires a Permit Permit Processing Procedures Nonconforming Development PART 4 - NATURAL SYSTEMS AND SHORELINE ENVIRONMENTS Urban Conservancy Urban Residential City of Bremerton Department of Community Development/Planning Division Project Manager: Kay W. Wilson, Senior Planner (206) 478-5275 VESTING OF DEVELOPMENT STANDARDS IN PLATe PART i -- GENERAL PROVISION~ Master Proqram Application (Paqe 3) The provisions of this Master Program shall apply to all "shorelines" as that term is defined herein and which are within the jurisdiction of the City of Bremerton as defined by law. ~ The provisions of ~hls Mas~er Program shall not apply to those substantial developments as defined herein for which Substantial Development Permits were issued prior to the October 5, 1977, adoption of this Master Program. These previously approved substantial developments must however comply with. the policies and ~ Department of Ecology regulations of the Act, guidelines and -~ ~ ....... ~ ...... ~~ the Master Program being developed for the area at the time the Substantial Development Permit was issued. Substantlal Developments which are approved after the October 5, 1977 adoption of this Master Program must, when developed, comply with the policy and regulations of the Act, the Master Program in effect at the time they were granted an original or revised Substantial Development Permit, and the terms of that permit. Non-permit development must comply with this Master Program upon development. Plelr!i i§~anda:~d'~!iiiii!!ih'!iiiiii~i:flf~i6~!! ia~ ii~h~ i!ii~i~!~!iiii!%i~i Pi:~ ............. HOUSEKEEPING AHENDHENTS 82 Ap~ea! (Pa~e 4} Ail action taken during the administration and enforcement of these regulations may be appealed as ~ ( l~y CO~Cl~' ~C~sl~n. The~:~eclslon ~of ~he ~CltY Council: ~y ............... be apPealing0 ~e Shorelih~s~e~gs B~ard Amendments to Master Proqram (Page 4) Any of the provisions of this Master Program may be amended as provided for in RCW 90.58.120, i'T~:~i:S'"?:i~~'~'''~I~'~'h'i~'~'''i:~i''~'~'i~=:~'l~'' ............ ~e::ci%Y :CouhCil aft~ ::h°lding at leas~ :one ?:( ~a.~ ........................................... .............................. " ' .................. ' HOUSEKEEPING AMENDMENTS PART 2 - DEFINITIONS Adjacent Lands - Those lands immediately adjacent to and abutting lands under shoreline permit jursidiction, extending landward to the extent necessary to control direct and significant impacts to shorelands and to implement the management policy articulated in the Act, the Department of Ecology guidelines, and the Master Program (RCW 90.58.340). HCRJSEKEEP] NG AMENDMENTS 84 PART 3 -- PERMIT PROCEDURES: Geographic Applicability (Paqe 13) The Bremerton Shoreline Management Master Program applies to development activity ~'~i~g"'"6e~':~'!i~i~hO~r'~e~.within the incorporated city limi't~"'Of-'Brem~'~Oh'~'"i~cludih"g that occurs in Puget Sound, Kitsap Lake, Kitsap Bog, a'nd'~Tw~n'-'Lakes, Union River Union ir ~ ~ ~~ The , Reserve . ~'~ ~ ....... ~ ~ program also applies to development activity that occurs within ~'~ '~~'~i~'.~:~:i~ss'6~'i~'~:~'~i~h'"'%_h'~:~'[ill~i~f''':'~odi~'''u~i'i:''ai B g,.!and:~i:i~e.uplands w~th~n 290 feet landward of these wa~er' h°di'~'~";':':"':'~:~:~'r~'d"':'fr'6m the or~nar~ ~igh ~at~r ~rl -~ ........ ~io: only to dcvclop=cnt pro .... ~ ..... ~P jcct:, or portion: of ~,,~1 ~~ ~ '~ ,,4~ ~ ~ ............. ""'-'.":-.-:.:."- .... .'.:'.'.'-'." '~ ..... ~ .......~ .... , .................... ~tle aevelopment on "~ac"'n'~"'"i'~'~S"d°~'s"'n6~' reqUire a'~h0rei'fn& permit, it:~ust ~e ...... Consistent with ~aster Program requirenents for ~horeline .......... development. Where a substantial developm.nt is locatedii'part[y ~nside';the!'Shoreline and partly on a~jacent lands, the '~h:~reline p rm~t'~'¢overs the total project action as defined by'th:eyState .............. Environed%al'Policy ~ct (S~PA)...The'permit will inctud~ h°nd/ti°nS:iiii°n ~sveloPment located °n'~jacent lanai, when ~eCes~ii~iii.{° :::~itigatei::adverse i~pa~ets on :. the shorel ~he deVelOPment,-. ' ' ....... ' .................................................. Development Activity that Requires a Permit (Page 13) 1. State law requires that all substantial development occurring within the state's shorelines obtain a shoreline ~'~h~i~-"d&V'd:~:~Ph'dne permit before con~tmction undertaken .............. dcvclcpmcnt a. There are several exceptions to the definition, .;h~Ch .............................-- - ' ~ - -m~ " -~c-~d~n~~ - -~ that ~-~" t ....... ~ ' ~ '- complete ...... ~ ..... c found in Pa~ 2, HCIJSE£EEPING AMENDMENTS 8 5 b. ~~, While tkc abovc exceptions do not require a shorel ina ~i~'~'~!~ii~i!~i~!~i~i~i!~i~i permit, .a 11 developmen~'~'"~'~'~i~"i'{'~'~'~'~"i'h~'~'~'~h'~'~'~'~'sh'~6'~'~'line area must be consistent with the pclicicu cf thc Shoreline Management Act (R~.90.58) and the Bremerton Shoreline ~:~'~:~=~ Program. c. ~enever a development is exempt from the retirement to obtain a S~stantial Development pe~it, and thc Sccticn ~ P .... it "~- ~ Pollution Ccntrcl Act cf 1972, the City shall issue a ~tter of Exemption ~onsistent with WAC 173-14-115 Perm'~t Processing Procedures (Page The same application form is used for all three permits, and may be obtained at the Bremerton Department of Community Development. In general, Shoreline Pe~its are reviewed by the City using the same procedures used for zoning pe~it applications. However, additional public notice may be re~ired by the Shoreline Master Program. The procedure for processing Shoreline Pe~its is as follows: ::]~?:{~?:~?:~:::~....~pp.~.~9~::~:: The same application fo~ is used for all ..................................... *~h'~'6~:'~'~*:~'~*~i*{s, and may be obtained at the City of Breme~on Department of Community Development. ~'~{~R~i*~::~:~6~:~'~{~ In general, shoreline pe~its are reviewed :~:~:~:~:~:~:~:~:~:~:~:::~:~:~:~:~:~:~:~:~:~:::~:~:C:~:{:~.:~::~::~ng the same procedures used for zoning pe~it applications. However, additional public notice may be re~ired by the Shoreline Master Program. The procedure for processing shoreline pe~its is as follows: ...... ' ............ ~:~I~:~:~a~.~6~hg~.~:~:~{~/~:~~6~:~ rezone or site plan review for the development to proceed: The shoreline pe~it will be-'reviewed using the same prcccs= Zonin Ordinance HOUSEKEEPING AHENDHENTS 8 6 development to proceed, and: 1) A Shoreline Substantial Development Permit is required: The permit application will be reviewed and approved, approved with conditions, or denied by the Director of Community Development. Tha S~t .... O ~ +h~ ~ ~- Zcn~,,~ O~d ...... 2) A ~'T~ Conditional Use Pe~it or Variance Pe:~::{{:':~:::~:[~:~::~:::~e~ired: The pe~it application will be reviewed and approved, approved with conditions, or denied by the Planning Co~ission. ................. ~ ~ appca~d t= Nonconforminq Devlopment (Paqe 17) Nonconforming development may be continued provided it is not " ........ its non-confr=.ity: P. vvid~d that ................. cc arc lA Request for Review ~ay be fired directly with the Shorelines Hearing Board at the option of the applicant0 as provided for in RL~7 90.58.180. HOUSEKEE P I HG AMENDMENTS 8 7 PART 4 -- NATURAL SYSTEMS AND SHORELINE E~IRONMENTS DESIGNATION OF ENVIRONMENTS (Paqes 23-25} Urban Conservancy ~her-con~e'rva~cv ~i Des t~a~ Urban Residential Manette-East (Rll) - Extends south from the Manette Commercial area, around the Manette peninsula, to the city limits-~ ~-~-~- ~"~ ..... ................... , along the northeast shore of the Port Washington Narrows and the west shore of Sinclair Kitsap ~ke (R12) - E~ends ~"~ ~-~- ~ ~" l~-:~- at ~ .... th~=~t ~ -~ thc ....... ..... e no~ from C~p McKean on ~e west lake shore, around ~he la~ ~lon~ ~e east lake shore to Kitsap ~ke Park. T~:~:~7~'~'~?~i~:~'~:~'e:?~h~ ~'~:~~ effect ~Ve upon ahne xa t i On o f :j ~a t :~ a~ea:~ ~ :(p'e~ding)' ~ ..................................... ~ f,:: sincl a tr~: I nl et~. a Dpt oximatel:y' :. between :j and: Ba~iew 'DriVe e~egded ~::.~'Thi s 'des lqDat~en' :':wi 11~ b:~'come ............... ~ff~t~e..uP°n a~nexatl.0n of..~.e.area~[~Pendinq),: NOU~EL'~.EP i #G AMENDNENTS S 8 AMENDED ENVIRONMENT DESIGNATION MAPS Justification for Redesignation Map 1 of 6 Map 2 of 6 Map 3 of 6 JUSTIFICATION FOR REDESIGNATION PRE-DESIGNATION OF PENDING ANNEXATION AREAS The following areas are either recently annexed (R-12) or annexations are pending. These areas are being pre-designated in order that the Bremerton Shoreline Master Program will be effective upon annexation. JUSTIFICATION FOR PRE-DESIGNATION The following discussion is in response to the designation criteria listed in WAC 173-16-040(4). URBAN CONSERVANCY Camp McKean - (CS 12-F) 1. Existing Development Pattern: Developed recreational facility for use of military personnel and families. 2. Biophysical Capabilities and Limitations of Shoreline: Located on east shoreline of Kitsap Lake, is a designated Natural System requiring special protection from over- development. 3. Goals and Aspirations of Local Citizenry: Kitsap Lake residents have demonstrated steadfast concern for the protection of the lake ecosystem. Surrounding residents could be expected to take a very active interest in any proposals to change the use of or surplus this Federal facility. URBAN RESIDENTIAL Manette-East (R-11) 1. ExistinqDevelopment Pattern: Single-family development. 2. Biophysical Capabilities and Limitations of Shoreline: Located on the west shore of Sinclair Inlet, a narrow inlet connecting Bremerton to Puget Sound. Much of shoreline lined with bulkheads and riprap, and has shown vulnerability to wake damage from fast passenger ferries. 3. Goals and Aspirations of Local Citizenry: Residents are petitioning for annexation to the city with residential single-family zoning. Kitsap Lake (R-12) ' 1. Existing Development Pattern: Single-family development. 2. Biophysical Capabilities and Limitations of Shoreline: Located on northwest shoreline of Kitsap Lake, a designated Natural System requiring special protection from over-development. 3. Goals and Aspirations of Local Citizenry: Area was recently annexed to the city with residential single- family zoning. Sherman ~eights (R-13) 1. Existing Development Pattern: A railway to PSNS and Bangor and State Highway 3 parallel tke shoreline, with residential developnent upland of the highway. 2. Biophysical Capabilities and Limitations of Shoreline: Shoreline is lined with riprap to protect rail line, and the natural shore is non-existent. There is a significant landslide hazard on the steep bluff facing the water upland of the highway. There is no strong likelihood of flooding. 3. Goals and Aspirations of Local Citizenry: Residents are petitioning for annexation to the cit~ with residential single-family zoning. D* SBO~L~ SHIPYARD ~l RO~,~T DESIGNATIONS ](~3 % Map 3 Of ~ Con~ervancy CS Residential R I(F)S Co~ercia 1 C ~ Industrial Downto~ Water front/ ~ ;~ ~ ~to~ Waterfront/ DW~ Indicates Federal ~n~ [F)~ ~lgh Bluff HC)US[K[[PING AM[WDM[NI$ ~SOLUTION OF INTENT TO /tDOPT A I~ESOLUTION OF NOTICE OF INTENT OF THE CITY COUNCIL OF BRE~RTON t WASHINGTON, TO ADOPT APPeNDaNTS TO THE BREMERTON SHORELINE F~KSTER PROGRAM ~"HICH PROMULGAGES SHORELINE F~kN AG EP~ NT POLICIES AND USE REGULATIONS CONS I STENT ~/TH THE STATE OF WASHINGTON SHORE LINE ¥2%NAG~NT ACT OF 1971 AS AMENDED. NOW THEREFORE, BE IT RESOLVED that the Bremerton City Council hereby finds and adopts these facts. '1. Shoreline Master Program. The City of Bremerton approved the Bremerton Shoreline Master Program by Resolution No. 1736, effective OCTOBER 5, 1977. The City approved major amendments to the Shoreline Master Program by Ordinance No. 4183, effective JA3~ARY 25, 1989. 2. Waterfront Access Plan a. The City of Bre~erton adopted the Waterfront Access Plan as an a~end~ent to the 1986 Bremerton Comprehensive Plan by Resolution No. 2315, effective AUGUST 22, 1990. b. The Waterfront Access Plan Goal is to provide a comprehensive system of safe and abundant access to city shorelines, while protecting private properties from adverse impacts. The Plan includes policies and objectives toward this end, including the objective to add a new Public Access Element to the Bremerton Shoreline master Program to i~plement the recommendations of the Waterfront Access Plan. 3. Shore Defense. The Bremerton Shoreline'Master Program does not address beach enhancement as an alternative to bulkheads or riprap for shore defense. Beach enhancement is preferred to bulkheads, which usually cause long-range degradation of beaches, are often aesthetically unpleasing, and limit access to the beach. 4. View Protection. The Bremerton Shoreline Master Program does not adequately protect scenic vistas within the shorelines and water bodies. View protection requirements for residential development create a hardship on narrow lots, but do not provide effective view corridors on larger sites. View protection requirements for non-residential development are minimal. 5. Joint-Use Moorage Facilities. The Bremerton Shoreline Master Program encourages joint ~oorage facilities in place of individual docks, but contains inadequate guidance to determine m'hen Joint ~.oorage is required and individual docks prohibited. 6. Kitsap Lake and Kitsap Bog. The Bre~-erton Shoreline Easter Program contains inadequate protection for the Kitsap Lake and Kitsap Bog ~atural Systems. 7. ~eneral Provisions. The Bremerton Shoreline Easter Program: a. lacks information on state lam' regarding the vesting of development standards in plats; b. contains a discrepancy regarding procedures for appeals; and c. o~its Planning Co~ission review of proposed Easter Progra~ a~end~ents. 8. Permit Procedures. The ~rer~erton Shoreline Easter Progr. am: a. lacks information on the applicability of the Easter Program to adjacent lands; b. does not require documentation of exer. ption from the shoreline substantial development per, it requirement; c. does not provide a process for pre-application revie-g of proposed shoreline projects; and d. contains regulations for nonconforming development that are inconsistent with zoning ordinance re?ulations. 9. ~n~nexation Areas. Arunexation has occurred and ad~ed ne~' shoreline area to the city, and annexation of other shoreline areas is in process. The Bremerton Shoreline Easter Program. lacks provisions to transfer ne~'ly annexed areas fro.- ccunty to city shoreline jurisdiction effective upon annexation. 10. A Determination of ~'onsignificance m'as issued Eay 3, i991, in accordance m'ith the State Environmental Policy Act (SEPA). 11. The City of Bremerton Department of Co,unity Develop-ent has solicited comments on the proposed Shoreline Easter Progra~ anend~ents from the Department of Ecology consistent m-ith the require~-ents of WAC 173-19-061(5). 12. The Bre~erton Planr~ing Cot-mission held several study meetings, one public meeting, and one public hearing on the proposed Bremerton Shoreline Easter Program amendments between September 1990 and June 1991. After considering cral and %-ritten testimony and the staff report, the Commission p~ssed a resolution recor_~ending approval of the proposed E~ster Program amendments on May 21, 1991. 13. The Bremerton City Council held a study meeting on the proposed Bremerton Shoreline Master Program amendments on June 10, 1991. 14. The Bremerton City Council held a public hearing on' the proposed Bremerton Shoreline Master Program amendments on June 26, 1991, and continued the hearing to July 31, 1991, and has considered the proposed amendments, the staff report, Department of Ecology comments, and all public testimony on the proposed amendments during this five week period. BE IT FURTHER RESOLVED that the Bremerton City Council hereby concludes the following: 1. New planning issues and civic objectives have arisen that can be addressed by shoreline management. 2. Several deficiences have been identified in the Bre~erton Shoreline Master Program as a~ended January 25, 1989. 3. The proposed Bremerton Shoreline Master Program amendments are consistent with: a. The policies and procedures of the Shoreline Management Act; b. Department of Ecology guidelines, rules and regulations; and c. The State Environmental Policy Act (SEPA). :- BE IT FURTHER RESOLVED that the Bre~erton City Council hereby declares its intent to adopt the proposed amendments to the Bremerton Shoreline Master Program, adopted by Resolution No. 1736 in 1977, and amendments, ~odifications or changes thereto. PASSED by the City Council of the City of Bremerton this 31st day of July, 1991. LYNN MORTON President, Bremerton City Council APPROVED THIS /3' DAY OF ~-~glU~ , 1991. LOUIS F~_N~R, MaTor ATTEST: KATHLEEN L. McCLUSKEY,i Clerk DEPARTMENT OF ECOLOGY ^;ar' ~toF P'~-7~ · O,m,~.:~ Washingto'~ 9.~$54'..~'-17 · (206) February 5, 1992 Mr. Donald L. Pratt Director of Planning Department of Community Development City of Bremerton 286 - 4th Street Bremerton, Washington 98310 Re: Department Action on Amendments to Bremerton Shoreline Master Program Dear Mr. Pratt: I am pleased to advise you that the Department of Ecology has completed its review of the proposed amendments to the City of Bremerton's Shoreline Master Program (SMP), WAC 173-19-2601. The amendments include revisions to public access, shore modification, and view protection policies and regulations, revision of residential joint-use moorage requirements and pier, dock, and float standards, revision of Kttsap Lake and Bog development standards, and various housekeeping amendments relating to vesting of plat development, administrative decision appeal, S~ amendment, exempt development, pre-application procedures, adjacent lands policy, nonconforming development, and environment predesignation adjacent to Kitsap Lake. Our review has found the proposed amendments to be in conformance with the Shoreline Management Act, specifically RCW 90.58.120 and .200 and Chapter 173-16 WAC, Guidelines for Development of Master Programs. No public comment was received by the Department regarding this proposal. We appreciate the time and effort that the City has put into these a~emdm~ents and look foz-ward to the City's management of future shoreline development in accordance with these revisions to your master program. Please forward to the Department five (5) copies of your approved master program amendments in a form that can be inserted directly into the existing Official State Shoreline Master Program for Brem~rton. This will allow us to complete our SM~ amendment files. If you have questions regarding our approval of the subject amendz~nts, please contsct Peter Skowlund of my staff at (206) 438-7430. Sincerely, Fred Olson Deputy Director FO:PS:del cc: Kay Wilson, City of Bremerton Senior Flasher BREMER. TON CITY COUNCIL ORDINANCE NO. AN ORDINANCE ADOPTING AMENDMENTS TO THE CITY OF BREMERTON SHORELINE MANAGMENT MASTER PROGRAM OF 1977 WHICH PROMULGATES SHORELINE MANAGEN~NT POLICIES AND USE REGULATIONS CONSISTENT WITH THE STATE OF WASHINGTON SHORELINE MANAGEMENT ACT OF 1971 AS AMENDED. WHEREAS, the State of Washington Shoreline Management Act of 171 and all subsequent amendments is the law of the State of Washington; and WHEREAS, certain duties, obligations and responsibilities have thereby become incumbent upon the City of Bremerton; and WHEREAS, the City of Bremerton approved a Shoreline Master Program by Resolution No. 1736, dated October 5, 1977; and WHEREAS, the City of Bremerton has performed the required steps under the Shoreline Management Act of 1971, and its amendments, in the preparation of the amended City of Bremerton Shoreline Management Master Program; and WHEREAS, the amended City of Bremerton Shoreline Management Master Program was adopted on February 5, 1992 by the State of Washington Department of Ecology, pursuant to WAC 173-19- 062 Submission of master programs and amendments by local government and 173-19-064 Review and adoption of master programs and amendments by the department; and WHEREAS, the City of Bremerton has met the requirements of WAC 173-19 Shoreline Management Act of 1971--State Master Program for amending shoreline master programs; now, therefore THE CITY OF BREMERTON DOES HEREBY ORDAIN SECTION 1. Amendments to the City of Bremerton Shoreline Management Master Program, as listed in Exhibit A attached hereto and incorporated herein by this reference, is hereby adopted. APPROVED by the City Council of the City of Bremerton on the first reading this day of , 1992. PASSED by the City Council of the this day of , 1992. LYNN HORTON President, City Council APPROVED this day of , 1992. LOUIS MENTOR, Mayor ATTEST: KATHLEEN L. McCLUSKEY, Clerk Full text of amendments is included with City Clerk's packet. Executive Summary is attached for remaining pa cke ts. · New Public Access Section: [] Incorporates adopted Waterfront Access Plan policies. [] Includes existing Commercial and Residential public access requirements. · Related Use Activity Amendments: Adds public access policies/regulations to be inserted into various Use Activity sections. · Replaces current Shore Defense Works section: [] Establishes general Shore Modification policies and regulations applicable to all shore modification activities. [] Adds restrictions to bulkhead construction. Includes beach enhancement as a preferred shore protection method. · Incorporates current Dredgin~ and Landfill sections by reference. · Revises Table 2 - Setback, Height and Width Requirements: Replaces Residential 40~ Open Area requirement with 25~/35%40~ "View Corridor" requirement related to building height. Removes Downtown Waterfront requirements, which defers this authority to the Downtown Waterfront Urban Renewal Plan. · Adds new View Protection policy/regulation section. · Revises Residential Development section. Requires subdivisions and planned developments with shoreline frontage to provide a location for a joint-use pier/dock. Prohibits additional joint-use moorage where one is provided. Prohibits single-use moorage where joint-use moorage is provided. · Revises Water Access and Moorage Facilities Section: Allows existing residential lots to have no more than one private single-use dock. [] Limits maximum length and width of residential piers and docks. Limits moorage facilities for multi-family residences, hotels, motels and other commercial and industrial developments. [] Requires maintenance of joint-use moorage facilities. [] Limits size of floats. · Revises Table 2 - Setback, Height and Width Requirements to determine these requirements within Kitsap Bog by Conditional Use Permit (CUP). · Changes name of "Kitsap Bog" environment designation to "Kitsap Lake Wetlands". · Vesting of Development Standards in Plats: Explains effect of 5-year vesting period for subdivisions. · Appeal of Administrative Decision: Corrects discrepancy between appeal procedures listed in Part 1 and Part 3. · Amendments: Requires that proposed Master Program amendments go to Planning Commission for recommendation prior to action by City Council. · Adjacent Lands: Clarifies that lands adjacent to shoreline areas must be consistent with policies and regulations of the Shoreline Management Act. · Letter of Exemption: Requires a Letter of Exemption before development exempt from the substantial development permit requirement is allowed to proceed. · Pre-Application Meeting: Adds an optional Pre- application meeting for applicants. · Nonconformin~ Development: Replaces existing nonconforming development provisions with Zoning Ordinance provisions to eliminate the confusion of overlapping requirements. ~ DI!IS'rGIqA'I'ICH~I I~AP$ · West Kitsap Lake Annexation Area: Adds newly annexed area to Kitsap Lake (R-12) map designation. · Pre-Annexation Environment Designations: Adds designations to Environment Designation Maps to pre- designate areas expected to be annexed in near future: Camp McKean (CS 12-F) [] Manette-East (R-11) [] Sherman Heights (R-13)