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HomeMy WebLinkAbout4852 ORDINANCE NO. 4852 AN ORDINANCE of the City Council of the City of Bremerton, Washington, repealing and replacing Chapter 21.06 of the Bremerton Municipal Code entitled Comprehensive Plans to provide for updated procedures for amending the City of Bremerton Comprehensive Plan. WHEREAS, the current provisions of Chapter 21.06 of the Bremerton Municipal Code relating to comprehensive plans do not provide adequate procedures for comprehensive plan amendments; and WHEREAS, the Washington State Growth Management Act (GMA), RCW 36.70A, specifies that amendments to a comprehensive plan cannot be made more frequently than once per year to 1) give the plan stability over time, avoiding spontaneous changes in response to development pressures, and 2) group all proposed amendments in a common process for consideration, providing the oppommity to examine their collective effects on the plan; and WHEREAS, all amendment proposals must be considered concurrently in order to evaluate for their cumulative effect. Also, the amendment period should be timed to coordinate with budget deliberations; and WHEREAS, the proposed new amendment process is designed to be fair and equitable to all applicants, provide predictability for both the process and the review criteria, and streamline the review and decision process related to rezones, provide consistency between the comprehensive plan and the development regulations, ensure full oppommity for public participation and provide flexibility to consider amendment proposals outside the annual cycle, such as when an emergency exists; and WHEREAS, the City Council desires to repeal and replace Chapter 21.06 of the Bremerton Municipal Code in order to provide for updated comprehensive plan amendment procedures; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION L Chapter 21.06 of the Bremerton Municipal Code entitled "Comprehensive Plans" is hereby repealed in its entirety and there is hereby created a new Chapter 21.06 to read as follows: 1 Comprehensive Plans Chapter 21.06 COMPREHENSIVE PLAN AMENDMENTS 21.06.010 BIENNIAL AMENDMENTS. The City Council shall consider amendments to the Bremerton comprehensive plan no more than once each bienniura, except as provided in BMC 21.06.050. The biennial consideration of amendments shall occur in even-numbered years. 21.06.020 APPLICATIONS. Comprehensive plan amendments may be initiated by the Deparanent of Community Development or other administrative staff of the City, private citizens, private or public entities or agencies, the Planning Commission, or the City Council. Application fees for comprehensive plan amendments shall be the same as the fee established for rezones. 21.06.030 TIME OF FILING. Applications to amend the comprehensive plan shall be submitted to the Department of Community Development by April 1 of each even-numbered year. Applications shall be submitted on forms prescribed by the Department. Incomplete applications will not be accepted for filing. Requests received after April I shall be considered in the next even-numbered year amendment process. 21.06.040 SUSPENSION OF APPLICATIONS. The City Council may, by motion or resolution, suspend the amendment process for any given biennium. However, in no ease shall the amendment process be suspended for two consecutive biennia. 21.06.050 AMENDMENTS OUTSIDE THE BIENNIAL PROCESS. Pursuant to RCW 36.70A.130, the City Council may consider amendments to the comprehensive plan outside the biennial review process set forth in section 21.06.010 under the following circumstances: (a) Subarea Plan. The initial adoption of a subarea plan that does not modify the comprehensive plan policies and designations applicable to the subarea; (b) Shoreline Master Program. The adoption or amendment of a shoreline master program under the procedures set forth in chapter 90.58 RCW; and (c) Capital Facilities Element. The amendment of the capital facilities element of the comprehensive plan that occurs concurrently with the adoption or amendment of the city's budget; and (d) Scheduled Comprehensive Reviews. Scheduled reviews and evaluations of the city's comprehensive plan pursuant to RCW 36.70A. 130(4). (e) Emergency.~mendments. At any time an emergency situation exists. Emergency comprehensive plan amendments may be processed separately and in addition to the standard biennial amendment process even though such emergency amendment results in a comprehensive plan amendment more frequently than once per year. Prior to considering an emergency amendment, the City Council shall, by resolution or motion, make a finding that an emergency situation exists. The following shall constitute a basis for emergency amendments: 2 Comprehensive Plans (1) Situations involving official, legal, or administrative actions, such as those to immediately avoid an imminent danger to public health and safety, prevent imminent danger to public or private property or to prevent an imminent threat of serious environmental degradation, (2) To address the absence of adequate and available public facilities or services, (3) To resolve an appeal of the comprehensive plan filed with the Central Puget Sound Growth Management Hearings Board or court, or to comply with a decision oftbe Board or court or of a state agency or office or the state legislature necessitating an emergency comprehensive plan amendment, or (4) Council confirmation of the Director's finding of a conflict, inconsistency, deficiency or other internal defect in the comprehensive plan that requires correction for clear, complete and consistent policy direction. 21.06.060 SEPA REVIEW. After April 1 of each even-numbered year, the City's Responsible Official shall review the cumulative environmental effect of all proposed comprehensive plan amendments, pursuant to the Washington State Environmental Policy Act (SEPA). If the Responsible Official determines that a draft final or supplemental environmental impact statement (EIS) or other appropriate environmental review is warranted, applicants may be responsible for a full or proportionate share of the costs of preparing the environmental analysis as determ'med by the Responsible Official. 21.06.070 CUMULATIVE EFFECT. In considering annual amendments to the comprehensive plan, the Planning Commission and the City Council shall consider all proposed amendments concurrently to assess their cumulative effect. The analysis of cumulative effect shall be conducted pursuant to BMC 21.06.060 and shall be entered into the hearing records of the Planning Commission and City Council prior to any action. 21.06.080 DECISION CRITERIA. The Planning Commission may recommend, and the City Council may adopt or adopt with modifications, an amendment to the comprehensive plan if: (a) There exists an obvious technical error in the pertinent comprehensive plan provisions; or (b) All the following criteria have been met: (1) The amendment is consistent with the Growth Management Act; (2) The amendment is consistent with the comprehensive plan or other goals or policies of the City; (3) If the amendment was reviewed but not adopted as a part of a previous proposal, circumstances related to the proposed amendment have significantly changed, or the needs of the City have changed, which support an amendment; (4) The amendment is compatible with existing or planned land uses and the surrounding development pattern; and 3 Comprehensive Plans (5) The amendment will not adversely affect the City's ability to provide urban services at the planned level of service and bears a reasonable relationship to benefiting the public health, safety and welfare. 21.06.090 HEARING PROCEDURES - NOTICE REQUIREMENTS. The Department of Community Development shall prepare a report on proposed plan amendments which shall be presented to the Plarming Commission at a public hearing. The Planning Commission shall hold one or more hearings on the proposed amendments. Following the public hearing by the Planning Commission, the Planning Commission's recommendation shall be forwarded to the City Council for action. For proposed text amendments, notice of the first Planning Commission and the first City Council public hearing shall be given in at least one (1) publication in the local newspaper at least ten (10) days prior to said hearing. 21.06.100 CITY COUNCIL ACTION. Following receipt of the Planning Commission recommendation, the City Council shall affirm, deny, modify or return the application to the Commission for further consideration. In the event the City Council modifies the recommendation, it shall make its own findings and set forth in writing the reasons for the action taken. If the City Council makes a substantial modification to the Planning Commission recommendation, it shall hold at least one additional hearing on the modified recommendation prior to adoption. 21.06.110 APPEALS. Appeals from a decision of the Bremerton City Council shall be pursuant to Chapter 36.70A RCW. SECTION2. Comprehensive Plan Amendments - Deferred. Allnon-emergency comprehensive plan amendments are deferred until year 2004 pursuant to Resolution No. 2857. SECTION3. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION4. Effective Date. This ordinance shall take effect and be in rome ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the 23rd day of April, 2003 PASSED by the City Council the 30th day of April, 2003 CAROL ARENDS, Council President 4 Comprehensive Plans CARY ff0Z~MAN, Mayor ATTES~ /~ ~ APPROVED AS TO FORM: KA~IL'~'I~4 MC ~,~Y~, City Cler~r ~Y PUBLISHED the~frd.~__ day of ~,~,a.o,_ ,2003 EFFECTIVE the ~day of ~ ,2003 ORDINANCE NO. 4g~',R [- ~' R:~LEGAL\Ordinances\Communily Development\Comp Plan - Annual Amendment Ordinance.vi.doc 5 Comprehensive Plans AFFIDAVIT OF PUBLICATION County of Kitsap, State of Washington No. 100055094 I, Valerie Zoller, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of THE SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of a legal advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following dates, to wit: May 6, 2003 and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $32.51 amount has not been paid in full. (Signature of Principal Clerk) ~-~,~A~,~' Subscribed and swom to before me this day of May 9, 2003 Notary Public in and for the State of Washington, Kitsap County. ORDINANCE NO. 4852' AN ORDINANCE of the City Council of the City of Bremerton, Washington, repealing and replacing Chapter 21.06 of the Bremerton Municipal Code entitled Comprehensive Plans to provide for updated procedures for amending the City of Bremerton Comprehensive Plan.- Approved by the City Council the 23rd day of April, 2003.- Passed by the City Council the 30th day of April, 2003.- The full text of this ordinance is available from the City Clerk's Office, 239 4th Street, Bremerton, WA 98337.- May 6, 2003° · 4/100055094-