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ORDINANCE NO. ~
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Chapter 20.10 of the
Bremerton Municipal Code entitled "Comprehensive Plan
Amendments" to allow for annual comprehensive plan
amendments as authorized by State law.
WHEREAS, the current provisions of Chapter 20.10 of the Bremerton Municipal
Code relating to Comprehensive Plan Amendments allow biennial amendments to the
comprehensive plan; and
WHEREAS, State law allows annual amendments to the Comprehensive Plan;
and
WHEREAS, the City Council desires to amend the provisions of Chapter 20.10 of
the Bremerton Municipal Code to allow for annual comprehensive plan amendments as
authorized by State law; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 20.10 of the Bremerton Municipal Code entitled
"Comprehensive Plan Amendments" is hereby amended to read as follows:
Chapter 20.10
COMPREHENSIVE PLAN AMENDMENTS
20.10.010 BIENNL'..L ANNUAL AMENDMENTS.
The City Council shall consider amendments to the Bremerton Comprehensive Plan no
more than once each biennium calendar vear, except as provided in BMC 20.10.050. The biennial
consideration of amendments shall occur in even numbered years.
20.10.020 APPLICATIONS.
Comprehensive Plan amendments may be initiated by the Department 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.
20.10.030 TIME OF FILING.
Applications to amend the Comprehensive Plan shall be submitted to the Department of
Community Development between the first business day in January to the end of the first
business day of April inclusive 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 the deadline shall be resubmitted during the next even numberedcalendar
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BMC 20.10
Comprehensive Plan Amendments
year amendment process. The Director of Community Development, may, at his or her sole
discretion, accept applications filed after the deadline if review has not begun on the pending
applications and acceptance of the late application will not have a significant impact on the
processing of the pending applications.
20.10.040 SUSPENSION OF APPLICATIONS.
The City Council may, by motion or resolution, suspend the amendment process for any
given bienniumcalendar year. However, in no case shall the amendment process be suspended
for two consecutive bienniacalendar years.
20.10.050 AMENDMENTS OUTSIDE THE BIENNIAL ANNUAL PROCESS.
Pursuant to RCW 36.70A.130, the City Council may consider amendments to the
Comprehensive Plan outside the biennial annual review process set forth in BMC 20.10.010
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; and
(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 Revie\vs. Scheduled revie\ys and evaluations of the
City's Comprehensive Plan pursuant to RCW 36. 70A.130( 1)Planned Actions. The adoption of
Comprehensive Plan amendments necessary to enact a planned action under RCW
43.21C.031(2); and
( e) Emergency Amendments. At any time an emergency situation exists, emergency
Comprehensive Plan amendments may be processed separately and in addition to the standard
biennial annual 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:
(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 of the
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.
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BMC 20.10
Comprehensive Plan Amendments
20.10.060 SEPA REVIEW.
After April 1st of each even numberedcalendar 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 (SEP A). If the responsible official
determines that a draft final or supplemental environmental impact statement (ElS) 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 determined by the
responsible official.
20.10.070 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
20.10.060 and shall be entered into the hearing records of the Planning Commission and City
Council prior to any action.
20.10.080 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
(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 benefitting
the public health, safety and welfare.
20.10.090 HEARING PROCEDURES - NOTICE REQUIREMENTS.
The Department of Community Development shall prepare a report on proposed plan
amendments which shall be presented to the Planning Commission at a public hearing. The
Planning Commission shall hold one (1) 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.
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BMC 20.10
Comprehensive Plan Amendments
20.10.100 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 (1)
additional hearing on the modified recommendation prior to adoption.
20.10.110 APPEALS.
Appeals from a decision of the Bremerton City Council shall be pursuant to Chapter
36.70A RCW.
SECTION 2. Severabilitv. 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 3. 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 c;JObiJ
,2006
if~~~~ ,2006
-~
CARY BOZEMAN, Mayor
Approved this c:J.tJ.J-.J,) day of
APPROVED AS TO FORM:
~cii:~eY
~
PUBLISHED the ,"1-. AI day of
EFFECTIVE the 1j.J:.L day of
ORDINANCE NO. ~tj94
9;;::,;,';J;
,2006
,2006
R:\Legal\Legal\Ordinances\Community Development\20.1 0 Comp Plan Amendments.doc
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BMC 20.10
Comprehensive Plan Amendments
AFFIDAVIT OF PUBLICATION
Account # 37922 / Ad # 187802
STATE OF WASHINGTON
COUNTY OF KITSAP
I, Sarah Weller, 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
KITSAP 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, a weekly newspaper in 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: ,
January 3, 2006 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 $30.86 which
amount has not been paid in full.
~U~
(Signature of Principal Clerk)
Subscribed and sworn to before me this day of January 9, 2007
~..
't
Notary Public in and for the State of Washington, Kitsap County.
ORDINANCE NO. 4994
AN ORDINANCE of the City Council of the City of Bremerton, Washington amending Chapter 20.10 of
the Bremerton Municipal Code entitled "Comprehensive Plan Amendments" to allow for annual
comprehensive plan amendments as authorized by State law.
PASSED by the City Council the 20th day of December, 2006
The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600,
Bremerton, W A 98337.
January 3, 2007.........................AD #20026690