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ORDINANCE NO. ~
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, repealing certain sections of Chapter
21.02 of the Bremerton Municipal Code and creating a new
chapter, Chapter 20.02 to consolidate and update the review and
processing of proj ect permit applications.
WHEREAS, the current provisions of the Bremerton Municipal Code relating to
project permitting are currently contained in the zoning code, Chapter 21.02 ofBremerton
Municipal Code; and
WHEREAS, removing provisions relating to project permitting from the zoning
code, updating the same and consolidating provisions related to project permits would assist in
the administration, review and processing of proj ect permit applications; and
WHEREAS, pursuant to WAC 197-11-800(20), proj ect permits are procedural
actions exempt from SEP A review; and
WHEREAS; the City Council desires to create a new chapter relating to the
proj ect permits and further update the provisions relating to the administration, review and
processing of proj ect permit applications;
WHEREAS pursuant to RCW 36.70A.106 a Notice of Intent to adopt this
ordinance was sent to the Washington State Department of Community Development on October
23, 2004; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The following Sections of Chapter 21.02 of the Bremerton
Municipal Code, the Zoning Code, are hereby repealed in their entirety:
21.02.400
21.02.410
21.02.420
21.02.450
21.02,830(1)
21.02.840
21.02.845
21.02.850
21.02.855
21.02.865
21.02.870
21.02.875
Administrative Hearing Examiner Recommendation
City Council Action
Appeal to Superior Court
Appeal of Director's Determination
Appeal of Director's Determination
Type I Administrative Decisions
Type II Administrative Decisions
Type III Administrative Hearing Examiner
Type IV City Council Decisions
Planned Actions
General Processing Procedures
Project Permit Application
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Project Permits
21.02.885
21.02.890
21.02.895
21.02.935
Decisions
Time Limits on Decisions
Notice
Appeal
SECTION 2. Figures 840, 895(a) and 895(b) ofthe Appendix to Chapter 21.02
of the Bremerton Municipal Code are hereby repealed in their entirety.
SECTION 3. A new chapter, Chapter 20.02, entitled "Project Permits" is hereby
added to the Bremerton Municipal Code to read as follows:
CHAPTER 20.02
PROJECT PERMITS
20.02.010 PURPOSE AND INTENT
(a) Fundamental land use planning choices made in adopted comprehensive plans and
development regulations shall serve as the foundation for project review. This chapter
establishes how the City of Bremerton will process applications for project permits.
(b) These procedures provide for an effective processing and review of permits
consistent with Chapter 36.70B RCW. This chapter is applied in conjunction with Chapter 2.13
BMC (Administrative Hearing Examiner), Chapter 20.04 BMC (Environmental Policy), Chapter
20.12 BMC (Subdivisions), Chapter 17.04 IBC (International Building Codes), Title 20 Section
III Zoning, the Bremerton Shoreline Master Program, Chapter 20.14 Critical Lands and other
applicable codes making reference to this chapter.
20.02.020 DEFINITIONS
Unless the context clearly requires otherwise, the definitions in this section apply
throughout this chapter.
City means City ofBremerton.
Closed record appeal means an administrative appeal on the record on a project permit
application following an open record hearing with no or limited new evidence or information
allowed to be submitted and only appeal argument allowed.
Days means calendar days.
Director means the Director of the Department of Community Development of the City of
Bremerton or his/her designee.
Department means Department of Community Development
Hearing Body means City Council, Hearing Examiner or any other body designated by the City
Council to preside over an open record hearing or closed record appeal.
Hearing Examiner means the Administrative Hearing Examiner pursuant to Chapter 2.13 BMC.
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Project Permits
Open record appeal hearing An open record hearing held on an appeal when no open record
pre-decision hearing has been held on the project permit application.
Open record hearing means a hearing that creates the city's record through testimony and
submission of evidence and information, under procedures prescribed by the city by ordinance or
resolution. An open record hearing held prior to the city's decision shall be known as an "open
record pre-decision hearing."
Parties of record means:
(1) the applicant;
(2) the property tax payer as identified by the records available from the Kitsap County
Assessor's office;
(3) any person who testified at the open record public hearing on the application; and/or
(4) any person who submitted written comments during administrative review or has
submitted written comments concerning the application at the open record public hearing
(excluding persons who have only signed petitions or mechanically produced form
~letters).
Project permit or "project permit application" means any land use or environmental permit
or license required from the city ofBremerton for a project action, including but not limited to
building permits, site development permits, land use preparation pernlits, subdivisions, binding
site plans, planned unit developments, conditional uses, shoreline substantial development
permits, development plan review, site specific rezones authorized by the comprehensive plan;
but excluding adoption or amendment of the comprehensive plan and development regulations,
zoning of newly annexed land, area-wide rezones, and zoning map amendments except as
otherwise specifically included in this subsection.
Public meeting means an informal meeting, hearing, workshop, or other public gathering of
persons to obtain comments from the public or other agencies on a proposed project permit prior
to the city's decision. A public meeting may include, but is not limited to, a design review
meeting, a special committee meeting, such as the short subdivision committee, or a scoping
meeting on a draft environmental impact statement. A public meeting does not include an open
record hearing. The proceedings at a public meeting may be recorded and a report or
recommendation may be included in the city's project permit application file.
SEP A means State Environmental Policy Act and includes the provisions of Chapter 43.21 C
RCW, Chapter 197-11 WAC and Chapter 20.04 BMC.
20.02.030 GENERAL PROVISIONS
(a) General Exemptions. The following permits or approvals are exempt from the
procedures set forth in this chapter.
(1) Landmark designations;
(2) Street vacations;
(3) Right-of-Way/Street use permits;
(4) Permits or approvals relating to the use of public areas or facilities;
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(5) Permits or approvals involving the location or development of essential
public facilities or utilities;
(6) Project permits not listed in this chapter, which are categorically exempt
from SEP A;
(7) Legislative actions such as the adoption of or amendments to the
comprehensive plan, sub-area plans, area-wide map amendments, and development regulations.
(b) Applicable Procedures. The Director shall determine the proper procedure for
the processing of each project permit application pursuant to the provisions of this chapter.
Disputes shall be resolved in favor of the higher category. Type I is considered the lowest and
Type IV is the highest.
(c) Standard Consistency. The City reviews proposals for consistency to applicable
development regulations and the Comprehensive Plan. This determination includes
consideration ofthe following:
(1) The type of land use permitted, including uses that may be permitted
under certain circumstances, provided the criteria for their approval is satisfied;
(2) The density of development allowed such as units per acre or other
measures of density;
(3) Availability and adequacy of infrastructure, which includes public
facilities and services identified in the Comprehensive Plan; and
(4) Characteristics of the development such as development design standards.
(d) Standard of Review. The land use regulations in effect on the date an
application is vested will be the standard of review.
( e) Conflict with Other Regulations. When any provisions of this chapter conflict
~ with provisions of other City regulations, ordinances or resolutions the more restrictive shall
apply.
(f) Severability. If any part or provisions of this chapter or the application of these
regulations to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, the judgment shall be confined in its operations to the part, provision, or application
directly involved in the controversy in which the judgment shall be rendered and it shall not
affect or impair the validity of the remainder of these regulations or the application ofthem to
other persons or circumstances.
(g) General Notice Requirements. The available records of the Kitsap County
Assessor's office shall be used to determine the property taxpayer of record. All notices shall be
deemed to have been provided or received on the date the notice is deposited in the mail or
personally delivered, whichever occurs first. Failure to provide the public notice as described in
this chapter shall not be grounds for invalidation of a decision on a permit.
(h) Optional Public Notice. In addition to required public notice, the City may
provide notice to other individuals or organizations interested or possibly affected by the
proposal. Failure to provide optional public notice shall not be grounds for invalidation of a
decision on a permit.
20.02.040 PROJECT PERMIT PROCESSING PROCEDURES
Project permit applications are categorized as Type I, Type II, Type III or Type IV
Project Permits. Permit processing procedures may include Determination of Completeness,
Notice of Application, Notice of Public Hearing and Notice of Decision. Applicable procedures
for the processing of permits are pursuant to the following provisions.
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(a) Type I Project Permits. These are administrative decisions by the Director who
may approve, conditionally approve or deny the application. They include permits categorically
exempt from SEP A review or have had SEP A review completed in connection with another
application or permit. Type I Project Permit processing procedures are set forth in Table 040.
(b) Type II Project Permit. These are administrative decisions by the Director with
limited public notice. The Director has the authority to approve, conditionally approve or deny
the application. Type II Project Permit processing procedures are set forth in Table 040.
(c) Type III Project Permit. These are Hearing Examiner decisions. The Hearing
Examiner may approve, conditionally approve, or deny the application. Type III Project Permit
processing procedures are set forth in Table 040.
(d) Type IV Project Permit. These are decisions by the City Council after a closed-
record hearing. The City Council may approve, conditionally approve, modify and approve or
deny the application. Type IV Project Permit processing procedures are set forth in Table 040.
20.02.050 SUBMISSION REQUIREMENTS
(a) Pre-conference meeting. Type II, III and IV Project Permits require a pre-
conference meeting before an application is submitted. Anyone choosing the consolidated
permit process set forth in Section 20.02.070 also requires a pre-conference meeting.
(b) Application Contents. An application submitted to the department shall be on
forms, number of forms, and in a manner determined by the Director. Unless specified
otherwise, an application shall at least include the following.
(1) A completed application form;
(2) A legal description of the property and associated tax account number;
(3) A vicinity map showing the location of the property including surrounding
major streets, shorelines and other reference points;
(4) A site plan when physical changes will result from approval ofthe
application;
(5) When required, mailing labels containing the names and addresses of all
owners of record of parcels within the notification radius;
(6) The names, addresses, and phone numbers ofthe applicant and all owners
of the property, along with a signed letter or other verification of the owner(s) consent to the
application;
(7) When required, SEP A Checklist and! or other environmental
documentation;
(8) Additional information required by the Director to support a decision on
the application(s);
(9) The application fee(s) for the permit(s) requested as set forth in Chapter
3.01 BMC or by other applicable rule or regulation.
20.02.060 VESTING
A project permit application shall vest in the land use regulations in effect on the land at
the time of submission of a completed project permit application as defined herein and all
application fees are paid.
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20~02.070 OPTIONAL CONSOLIDATED PERMITTING PROCESS
(a) An application, which involves two (2) or more permits or procedures, may have
the processes consolidated under the highest project permit classification and procedures. The
applicant shall request if they want their permit processes consolidated or if they want each
permit processed individually.
(b) If a proj ect involving two (2) or more permits has the permits processed
individually, the highest proj ect permit classification and procedures shall be finalized before
subsequent permits can be issued. The Director may waive this requirement for permits not
dependent on the higher classification of permit for their justification or implementation.
(c) A single open-record hearing and no more than one closed-record appeal shall be
provided on a consolidated review process. The consolidated process may combine an open-
record hearing on one or more permits with an open record appeal hearing on the other permits.
20.02.080 PRE-APPLICATION CONFERENCE
(a) Purpose. The purpose of the pre-application conference is to acquaint the
applicant with the review procedures and applicable Bremerton Municipal Codes to the proposal.
Only one (1) meeting is required for all project permit applications related to the same project
action.
(b) Waiver. The Director may waive the requirement for a pre-application
conference when a proposal is determined not to be of a size and complexity to require a detailed
analysis.
(c) Submission. Pre-application conferences may be held at any time before an
application is submitted. A completed form and related information in sufficient number of
copies as determined by the Director are required. The information does not need to meet the
submission requirement set forth in BMC Section 20.02.050(b).
(d) Timeline. The City shall hold the pre-application conference within thirty (30)
days of the receipt of a completed request, unless the applicant agrees to an extension ofthis time
in writing.
(e) Non-binding. The pre-application conference is not intended to be an exhaustive
review of all potential issues and the discussions shall not be binding or prohibit the enforcement
of applicable laws. Failure to provide all pertinent information may prevent the city from
identifying all of the issues or providing the most effective pre-application conference.
(f) Lapse of Time. If a time lapse of more than one (1) year occurs between a pre-
application conference and the submission for permits, or if Director determines the scope of the
proj ect has changed significantly from the pre-application conference, a new conference may be
required.
20.02.090 DETERMINATION OF COMPLETENESS
When review procedures require a determination of completeness, the following shall
apply.
(a) Determination. Within twenty-eight (28) days of accepting the application, the
department shall provide a written determination to the applicant, stating that:
(1) the appli9ation is complete; or
(2) the application is incomplete and what is necessary to make the
application complete.
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To the extent known, the City shall identify other agencies oflocal, state or federal
governments that may have jurisdiction over some aspect of the application.
(b) Failure to Notify. Failure to provide a written determination within the required
time shall automatically deem the application complete.
(c) Processing. A complete application meets the submission requirements set forth
in Section 20.02.050(b) and is sufficient for continued processing. The determination of
completeness shall not preclude the City from requesting additional information or studies either
at the time of the notice or subsequently if new information is required or substantial changes in
the proposed action occur.
(d) Incomplete Application. An incomplete application shall have ninety (90) days
from the date of the written determination in subsection 20.02.090(a)(2) for the necessary
information to be submitted. If the applicant either refuses in writing or does not submit the
required information within the time limits, the application shall lapse.
( e) Review of Additional Information. When additional information for an
incomplete application is received, the City shall notify the applicant within fourteen (14) days
of receipt of the additional information whether the application is complete or what additional
information is necessary.
(1) Review'Timeline. Following the date an application is determined complete, the
date shall be noted and the 120-day official review period to render a decision shall begin.
20.02.100 NOTICE OF APPLICATION
When review procedures require a notice of application, the following shall apply.
(a) Timeline. The notice shall be provided within fourteen (14) days after the
Determination of Completeness is issued.
(b) Content. The notice of application shall include the following:
(1) The file number assigned;
(2) The date of application, date ofthe notice of completeness, and the date of
the notice of application;
(3) A description ofthe proposed project action and a list of permits included
with the application and if applicable a list of requested studies;
(4) Identification of known permits not included with the application;
(5) Identification of existing environmental documents that evaluate the
proposal;
(6) The location where the application and any studies can be reviewed;
(7) A statement of the public comment period and which shall not be less than
fourteen (14) or more than thirty (30) days.
(8) A statement of the rights of any person to comment on the application,
receive notice of and participate in any hearings, request a copy of the decision and any appeal
rights.
(9) Any other information determined appropriate by the city.
(c) Legal Notice. Notice shall be provided in the following manner as applicable.
(1) Mail. The notice shall be sent by first class or higher mail to the
following:
(i) the applicant;
(ii) affected city departments;
(iii) state, federal and local agencies with jurisdiction; and
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(iv) any person who requests such notice in writing to the Department.
(2) Posting of the property. Notice shall be posted according to the
following:
(i) at least one location on or adjacent to the subject property and that
shall be clearly visible and legible from an adjacent street or public area;
(ii) the Director shall determine the specifications to the construction
and installation of the notice boards.
(3) Publishing Notice. A published notice in the City's official newspaper of
general circulation within the city boundaries is required. The content shall include the
following.
(i)' Project location;
(ii) Project description;
(iii) Type ofpermit(s) required;
(iv) Comment period and dates;
(v) Location where the complete application may be viewed.
(d) Integration of Notices. The City will integrate the notice of application with
SEP A review whenever possible. Notification for a notice of application should be combined
with the notification for threshold determination and the scoping for a determination of
significance whenever possible.
( e) Issuance of Decisions. Except for a threshold determination, the City may not
issue a decision or a recommendation on a permit until the expiration of the public comment
period.
(1) Public Comments. Comments shall be as specific as possible. Comments shall
be received by the last day of the comment period specified in the notice. If no comments are
received by the date specified in the notice from an affected city department or agency with
jurisdiction, which notification was sent to, then it is presumed that the department or agency has
no comments.
20.02.110 NOTICE OF HEARING
When review procedures require a Notice of Hearing, the following shall apply.
(a) Notice Integration. A notice of hearing is required for public hearings. A notice
of hearing may be integrated with the notice of application.
(b) Notice Content. A written notice of hearing shall contain the following
information.
(1) The name of the applicant or designated contact;
(2) A description of the affected property (not including any legal
description);
(3) Project smary/description of each project permit application;
(4) The application/project file number;
(5) The date, time and place ofthe hearing;
(6) A statement that all interested persons may appear and provide testimony;
(7) A statement where information may be examined or obtained and the staff
contact and phone number;
(8) A statement how written testimony or comments may be submitted;
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(9) The SEP A threshold determination along with any appropriate statement
regarding any shared or divided lead agency status and phased review, and stating the end of any
final comment period;
(10) The deadline (date, time and place) for submitting a SEP A appeal;
(11) A statement regarding any administrative appeal process including SEP A
appeal.
(c) Appeal Notification. Notification for a hearing on an open-record or closed-
record appeal shall be provided in the following manner.
(1) Mail. The notice shall be sent by first class mail or higher to the
following:
(i) the applicant/appellant;
(ii) parties of record;
(iii) affected agencies;
(iv) parties requesting notice; and
(v) other persons whom the department believes may be affected by
the action.
(d) Project Permit Notification. Notification for a hearing on a project permit shall
be provided in the following manner as applicable.
(1) Mail. The notice shall be sent by first class mail or higher to the
following:
(i) the applicant;
(ii) all property owners of real property (as shown by the records of the
Kitsap County Assessor's office) within three hundred (300) feet of the subject property; and
(iii) any person providing a written request to the Department.
(iv) Where any portion of a property abutting the subject property is
owned, controlled, or under the option of purchase by the applicant, all property owners within a
three-hundred (300) foot radius of the total ownership interest shall be notified by mail as
referenced above.
(2) Preliminary Plat. when adjacent to the right-of-way of a state highway,
or within two (2) miles of the boundary of a state or municipal airport, mailed notice shall be
given to the Secretary of Transportation who has fifteen (15) days to respond.
(3) Posting ofthe property. The notice shall be posted in the same manner
and location(s) as the notice of application set forth in BMC Section 20.02.100(c)(2).
(4) Publishing Notice. A published legal notice in the City's official
newspaper of general circulation within the city boundaries is required. The content of the
publish notice shall include the following information.
(i) Project location;
(ii) Project description;
(iii) Type ofpermit(s) required;
(iv) Comment period and dates;
(v) Location where the complete application may be viewed.
(e) Notice Deadlines. Notice shall be given at least ten (10) days before the hearing
date except:
(1)
fifteen (15) days.
shoreline permits pursuant to WAC 173-27-110(3) shall be given at least
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(2) an integrated notice of hearing and notice of application shall be given at
least fifteen (15) days.
(3) an integrated notice of hearing and notice of a SEP A threshold
determination shall be given at least fifteen (15) days.
(f) Continuation of Hearing. Continued hearings do not require additional notices
of hearing.
(g) Additional Procedures. In addition to the procedures contained in this chapter,
the Department may develop general procedures for notification, including mailing packets and
the format of the notice and an affidavit of posting/mailing form to be filled out by the party
doing notice. ,
20.02.120 JOINT PUBLIC HEARING
A hearing on a project permit application may be combined with any other hearing on the
action held by another local, state regional, federal, or other agency pursuant to RCW
36.70B.110 as currently enacted or hereinafter amended.
20.02.130 NOTICE OF DECISION
The Director, the Hearing Examiner or the City Council issues a decision at the
conclusion of applicable project permit review. The notice of decision may be included as part of
the decision or project permit.
(a) The city shall provide a notice of decision. The notice shall include a statement of
any threshold determination made under SEP A and the procedures for appeal if a consolidated
notice was not given under BMC 20.02.110(e)(3).
(b) Notification. Notification shall be provided in the following manner as
applicable.
(1) Mail. The notice shall be sent by first class mail or higher to the
following:
(i) the applicant;
(ii) any person who, prior to the rendering of the decision, requested
notice of the decision in writing to the Department, or who submitted substantive comments on
the application; and
(iii) Kitsap County Assessor's office.
(2) Published Notice. A published notice in the City's official newspaper of
general circulation within the city boundaries is required. A shoreline permit may require more
than one published notice.
(c) Notice Contents. The notice may include a copy of the report of decision on the
project permit application; and shall include, when available, the SEP A threshold determination,
the permit decision, the conditions of approval or where they may be viewed by the public, and
the general procedures and time limits to file an appeaL
(d) Change of Valuation. The notice shall state that affected property owners may
request a change in valuation for property tax purposes notwithstanding any program of
revaluation.
(e) Timelines. The notice shall be issued within one hundred twenty (120) days after
the city notifies the applicant that the application is complete pursuant to BMC Section
20.02.090, except as follows:
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(l) the Director makes written findings that a specified amount of additional
time is needed for processing the application; or
(2) a permit or approval involving the location or development of important
public facilities or utilities, or related to the use of public areas or facilities, for public purposes
may be excluded from the 120-day time limit upon a determination of the Director that special
circumstances warrant a longer process.
(f) Extension of Timelines. If the city is unable to issue its final decision on a
project permit application within the time limits provided for in this chapter, it shall provide
written notice of this fact to the parties of record. The notice shall include a statement of reasons
why the time limits were not met, and an estimated date for issuance ofthe notice of decision.
(g) Timeline Exclusion. The 120 day time limit shall exclude any ofthe following.
(1) Any period an applicant takes to provide additional information, perform
studies or provide corrected plans requested by the City.
(2) Any period where the City determines that submitted information is
insufficient or incorrect, and has requested the applicant provide the necessary information.
(3) Any period an environmental impact statement (EIS) is being prepared
including scoping, and preparing the draft and final EIS.
(4) Any period for administrative appeals and any period for reconsideration
of decisions of the Hearing Examiner made on proj ect permit applications. The period for
consideration and decision on appeals shall not exceed:
(i) ninety (90) days for an open record appeal hearing; or
(ii) sixty (60) days for a closed record appeal.
(iii) The parties may agree to extend these periods.
(5) Any extension of time mutually agreed upon by the applicant and the City.
(6) All excluded periods are calculated from the date the city notifies the
applicant to when the information satisfies the City's requirement.
(7) When the applicant submits the requested information, the City shall have
fourteen (14) days to determine ifit satisfactory. If the information is not satisfactory, but the
City fails to notify the applicant within the time limit, the information shall be deemed
satisfactory.
(8) The time limits established in this section do not apply if a project permit
application:
(i) requires an amendment to the comprehensive plan or a
development regulation; or
(ii) requires approval of the location ofan essential public facility as
provided in RCW 36.70A.200; or
(iii) is substantially revised by the applicant, in which case the period
shall start from the date at which the revised project application is determined to be complete.
(h) Liability. The city is not liable for damages due to the city's failure to make a
final decision within the time limits established in this chapter.
20.02.140 APPEALS
(a) General.
(1) Those land use and development decisions that are subject to appeal shall
become final unless an appeal is filed within the designated time to file an appeal.
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(2) The appellant shall bear the burden of proving the administrative decision
was not supported by substantial evidence.
(3) Appeal of Type I or Type II Project Permit final decision shall be to the
Hearing Examiner. Appeals shall be filed within fourteen (14) days following the issuance of the
notice of decision. A decision involving a SEP A Determination of Non significance, which
required public comments, shall have the appeal period extended an additional seven (7) days.
(4) Administrative appeal ofa SEPA threshold determination is to the Hearing
Examiner pursuant to BMC Chapter 20.04 and Subsection 20.02.140(a)(3).
(5) Appeal of Type III or Type IV Project permit final decisions shall be to
Kitsap County Superior Court pursuant to RCW 36.70C. Appeals shall be filed within twenty-
one (21) days following the issuance of the notice of decision.
(6) Final decision relating to the Bremerton Shoreline Master Program may be
appealed as follows:
(i) Director decisions and Type II shoreline permits may be appealed
to the Hearing Examiner pursuant to Subsection20.02.140(a)(3) or may be appealed directly to
the Shoreline Hearings Board pursuant to RCW 90.58.180.
(ii) Hearing Examiner decisions may be appealed to the Shoreline
Hearings Board by filing a petition for review within twenty-one (21) days of the date of filing
pursuant to RCW 90.58.140(6).
(b) Standing to Appeal. Only parties of record with standing may initiate an appeal.
Standing constitutes the following:
(1) Type I Project Permits only the applicant has standing.
(2) For project permits not Type I, the following have standing:
(i) Applicant;
(ii) Anyone who participates in the public hearing; or
(iii) Anyone who submits written comments in response to a legal notice
within the required time limits
( c) Filing an Appeal. Administrative appeals are filed by submitting a form provided
by the Department. The appeal must be received by 5:00 p.m. on the last day ofthe appeal period.
Appeals may be mailed, faxed or delivered to the Department.
(d) Timing of Decisions.
(1) An open record appeal shall be decided within ninety (90) days from the
date the complete appeal was filed. .
(2) Should an occasion arise that would require a closed record appeal
hearing, such an appeal shall be decided within sixty (60) days.
(e) Computation of Time. For purposes of computing the time for filing an appeal,
the day the decision is rendered shall not be included. The last day of the appeal period shall be
included unless it is a Saturday, Sunday, a day designated by RCW 1.16.050 or by the City's
ordinances as a legal holiday, then it also is excluded and the filing must be completed on the
next business day.
(1) Content of Appeal. An administrative appeal shall not be accepted unless it is
written, accompanied by the required appeal fee, and contains at least the following information:
(1) Appellant's name, address and phone number;
(2) Appellant's statement describing his or her standing, as a party of record,
to appeal;
(3) Identification ofthe application which is the subject of the appeal;
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based;
(4) Statement of grounds for appeal and the facts upon which the appeal is
(5) Statement of the relief sought, including the specific nature and extent;
and
(6) A statement that the appellant has read the appeal and believes the
contents to be true, followed by the appellant's signature.
(g) Effect. The timely filing of an administrative appeal shall stay the effective date
of the decision until the appeal is either decided or withdrawn.
(h) Notice of Appeal. The Director shall provide public notice afthe appeal as
provided in Section 20.02.110(c).
20.02.150 DEVELOPMENT AGREEMENT REVIEW PROCEDURES
(a) The City may enter into a development agreement with a person having
ownership or control of real property within its jurisdiction or outside its boundaries as part of a
proposed annexation or a service agreement. A development agreement set forth the
development standards and other provisions that shall apply to, and govern and vest the
development, use, and mitigation of the development of the real property for the duration
specified in the agreement.
(b) A Determination of Completeness, Notice of Hearing and a Notice of Decision
are required pursuant to the provisions of this chapter. The 120 day time limit for the Notice of
Decision shall not apply to a Development Agreement.
(c) When a request for a Development Agreement is consolidated with a Type III or
IV project permit, the public hearing shall be consolidated with the open-record hearing on the
permit before the Hearing Examiner. The Hearing Examiner shall make a recommendation to
the City Council on the Development Agreement and approval of the project permit shall be
conditioned on City Council approval of the Development Permit.
(d) The City Council may approve a Development Agreement by ordinance or
resolution only.
20.02.160 PLANNED ACTIONS
A Planned Action is defined in WAC 197-11-164 as one or more types ofproject action
that has had significant environmental impacts adequately addressed in an Environmental Impact
Statement (EIS) prepared in conjunction with the comprehensive plan, sub-area plan, fully
contained community, a master planned resort, a master planned development or a phased
project.
(a) A project action addressed in a Planned Action does not require an environmental
checklist or threshold determination, but may required the checklist for review to mitigate
environmental impacts through the Site Plan Review Process.
(b) To qualify, a project action shall:
(1) be subsequent or implementing projects in a comprehensive plan, sub-area
plan, fully contained community, a master planned resort, a master planned development or a
phased project;
(2)
(3)
(4)
be located within the City's adopted Urban Growth Areas;
be consistent with the Comprehensive Plan;
not be an essential public facility, as defined in RCW 36.70A.200.
13
Project Permits
(c) The City Council shall designate and approve by ordinance a Planned Action.
The ordinance:
(1) shall describe the type(s) of project action being designated as a planned
action;
(2) shall describe how the planned action meets the criteria in BMC
20.02.160(b), including specific references to the EIS;
(3) shall include findings that the environmental impacts have been identified
and adequately addressed in the EIS, subject to project review under WAC 197-11-172;
(4) should identify any specific mitigation measures other than applicable
development regulations that must be applied to a project for it to qualify as a planned action;
(d) The Planned Action may be limited to certain types of development, to specific
geographical areas of the City, and/or a time period identified in the EIS, plan, ordinance or
resolution.
( e) Review of a proj ect proposed as a Planned Action is intended to be simpler and
more focused than for other projects. Review ofthe project shall include:
(1) verification it meets the description and implements any applicable
conditions or mitigation measures identified in the designating ordinance or resolution;
(2) verification that the proposed significant adverse environmental impacts of
the project have been adequately addressed in the EIS.
(1) Nothing in this section limits the City from using applicable law to place
conditions on the project in order to mitigate nonsignificant impacts through normal project
review and permitting processes.
SECTION 4. For purposes ofthis Chapter and until full implementation of the
new Zoning Code by adoption of a new Official Zoning Map, a Special Use Permit (SUP) shall
be processed in the same manner as a Conditional Use Permit (CUP).
. SECTION 5. Severability. If anyone 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.
SECTION 6. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the U
day of ~/VI.LJ , 2005
7~~~
DAREN NYGREN, m: ncIl PreSIdent
Approved this d:d:7u day of
2005 q?
CARY BOZEMAN, Mayor
-,
14
Project Permits
ATTEST:
A JOHNS 0 , City Clerk
PUBLISHED he WJ day of ~
EFFECTIVE the J 7:XIu day of
ORDINANCE NO. 4-939
APPROVED AS TO FORM:
~~-
. RO -R A. LUBOVICH, C; y Attorney
,2005
,2005
R:\LEGAL\Ordinances\Cornmunity Development\Project Permitting-5.17.05.doc
15
Project Permits
TABLE 040 Project Permit Processing Procedures
TYPE I DIRECTOR DECISIONS
Application Type
(1) Administrative
determination/ code
interpretation
(2) Alternative Setback
Approval
(3) Boundary Line
Adjustment
(4) Building and other
Construction Permits
(5) Clearing less than 2 acres
of forest
(6) Demolition Permit
(exempt from SEP A)
(7) Final Planned Unit
Development
(8) Fill and Grading Permit
(exempt from SEP A)
(9) Home Occupation
Permit
(10) Landscaping or
Alternative Landscaping
Plan
(11) Minor Amendment
to an approved
Preliminary Plat
(12) Minor Amendment
to an approved
Preliminary PUD
(13) Minor Amendment
to other Permits not
listed
(14) Nonconforming use
Determinations
(15) Type I Permit or
Approval Revocation
(16) Recreational Vehicle
90-day Permit
(17) Sign Permit
(18) Site Plan Review
(exempt from SEPA)*
(19) Temporary
emergency wetland or
stream permits
* Applicable to Site Plan Review that is independent of and not part of a building or land use application.
** Director's decision on final PUD plan shall be sent to parties of record.
Determination of
Completeness
No
Notice of
Application
No
Notice of
Hearing
No
Notice of
Decision
No
No
No
No
No
No
No
No
No
Yes
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No**
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
Yes
No
No
No
No
No
No
No
No
No
No
TABLE 040 Project Permit Processing Procedures
TYPE II DIRECTOR DECISIONS
Application Type
(1) Administrative
Conditional Use Permit
(2) Binding Site Plan
(3) Demolition Permit
(requiring SEP A)
(4) Fill and Grading Permit
(requiring SEP A)
(5) Nonconforming
Administrative
Continuance *
(6) Type II Permit or
Approval Revocation
(7) Site Plan Review
(requiring SEP A)
(8) Shoreline Permit
Revision
(9) Shoreline Substantial
Development Permit
(10) Short Subdivision
(11 ) Wetland or stream
Assessment
(12) Wetland or stream
development permit
(13) Building and other
Construction Permits
(requiring SEP A)
*Notice of Application shall be mailed to property owners within 300 feet of the subject property and the
notice of decision shall be issued within 60 days.
TYPE III HEARING EXAMINER DECISIONS
Application Type Determination of Notice of Notice of Notice of
Completeness Application HearinR Decision
(1) Non-administrative Yes Yes Yes Yes
Conditional Use Permit
(2) Major PUD Amendment Yes Yes Yes Yes
(3) Major Amendment Yes Yes Yes Yes
Preliminary Subdivision
(4) Preliminary POO Yes Yes Yes Yes
(5) Preliminary Subdivision Yes Yes Yes Yes
(6) Senior Housing Yes Yes Yes Yes
Complexes
(7) Shoreline Conditional Yes Yes Yes Yes
Use Permit
(8) Shoreline Variance Yes Yes Yes Yes
Determination of
Completeness
Yes
Notice of
Application
Yes
Notice of
HearinR
No
Notice of
Decision
Yes
Yes
Yes
Yes
Yes
No
No
Yes
Yes
Yes
Yes
No
Yes
No
Yes
No
Yes
No
No
No
No
Yes
Yes
No
Yes
Yes
Yes
No
Yes
Yes
Yes
No
Yes
Yes
Yes
Yes
Yes
No
No
Yes
Yes
Yes
Yes
No
Yes
Yes
Yes
No
Yes
TABLE 040 Project Permit Processing Procedures
Application Type
Determination of Notice of Notice of Notice of
Completeness Application Hearing Decision
No No No No
Yes Yes Yes Yes
(9) Type III Permit
Approval Revocation
(10) Variance
TYPE IV CITY COUNCIL DECISIONS
Application Type
Determination of
Completeness
Yes.
Notice of
Application
Yes
Notice of
Hearing
Yes
Notice of
Decision
Yes
(1) Rezone for site-specific
property*
(2) Final Subdivision** No No . No No
(3) Development Agreement Yes No No No
(4) Vacation of Subdivision Yes Yes Yes Yes
*The Hearing Examiner holds the open-record hearing and provides a recommendation to the City
Council.
** A final subdivision may be decided at a public meeting and it does not require a public hearing.
R:\LEGAL\Ordinances\Cornrnunity Development\Proj ect Permitting-3 .24.05- Table 040.doc
,.
AFFIDAVIT OF PUBLICATION
No. Account #42742/ Ad # 100156183
STATE OF WASHINGTON
COUNTY OF KITSAP
I, Robin Alexander, 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; June 7, 2005 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 $31.56, which amount as not been
paid in full
1?o~~
(Signature of Principal Clerk)
Subscribed and sworn to before me this day of June 28, 2005.
-=~
Notary Public in and for the State of Washington, Kitsap County.
OFFICIAL SEAL
DAWN BLATT
: ND:rARY PUBLIC. STATE OF WASHINGTON
=- My Commission Expires July 30, 2006 _J
ORDINANCE NO. 4938'
AN ORDINANCE of the City Council of the City of Bremerton, Washington, repealing certain sections of
Chapter 21.02 of the Bremerton Municipal Code and creating a new chapter, Chapter 20.02 to consolidate
and update the review and processing of project permit applications.-
PASSED by the City Council the 1st day of June, 2005.-
The full text of this ordinance is available from the City Clerk's Office, 345 6th Street, Suite 600,
Bremerton, W A 98337.-
June 7, 2005"#100156183-