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11/13/2013 AGENDA
CITY COUNCIL 3456th Street, Suite 600, Bremerton, WA 98337 Phone (360) 473 -5280 NOVEMBER 13, 2013 CITY COUNCIL STUDY SESSION Beginning at 5:00 PM in COUNCIL CONFERENCE ROOM 603 The Study Session is open to the public but there will be no opportunities for input or participation; no action is anticipated during the Study Session; and the content of these items is subject to change. If approved by the City Council, the items will be placed on the November 20, 2013 Council Meeting Agenda (unless otherwise noted)... A. NO PRESENTATION PLANNED — The following items are budgeted items or have already been reviewed by the appropriate Council Committee: 1. Interlocal Agreement with Bremerton School District for a full -time School Resource Officer 2. Contract Award for Additional Work on 11 Street & Warren Avenue Construction Project 3. Resolution to amend and re- establish City Rates & Fees for 2014 (Action to be taken on December 4) B. BRIEFINGS & FULL PRESENTATION ITEMS 4. Briefing on Municipal Court Computer Upgrades — Dawn Nelson (Information Only) 5. Resolution to approve and ratify the Kitsap Countywide Planning Policies (CPP's) 6. Ordinance to adopt the Shoreline Master Program 7. Ordinance to amend Bremerton Municipal Code (BMC) Chapter 20.16 relating to "Shoreline Permits" 8. Proposed Public Hearing and Ordinance to adopt the 2013 Annual Comprehensive Plan Amendment 9. Ordinance to revise Bremerton Municipal Code (BMC) Chapter 17.60 relating to "Floodplain Management" 10. Ordinance amending Chapters of the Bremerton Municipal Code (BMC) relating to the Office of Human Resources 11. Proposed Public Hearing and Ordinance to amend Title 18 of the Bremerton Municipal Code (BMC) adopting the 2012 changes to the International Fire Codes (IFC) C. GENERAL COUNCIL BUSINESS • Public Safety and Parks Committee Briefing (11/13/13 Meeting) — Leslie Daugs, Chair • SKIA Implementation and Gorst Plan Update — Andrea Spencer, Director of Community Development • Other General Council Business (As necessary...) D. ADJOURNMENT OF STUDY SESSION ® Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at (360) 473 -5323 by noon on the Monday preceding the Council meeting. AMBULANCE TRANSPORT RATES KITSAP COUNTY AGENCY BREMERTON SUR CKFR PFD NKFR BIFD AVERAGE AVERAGE WITH BFD ALS -RES $550.00 $600.00 $770.00 $700.00 $700.00 $875.00 $699.17 $729.00 ALS - 2 $650.00 $600.00 $873.00 $750.00 $750.00 $975.00 $766.33 $789.60 ALS - NR $650.00 $600.00 $770.00 $700.00 $700.00 $875.00 $715.83 $729.00 BLS - RES $425.00 $470.00 $591.00 $550.00 $550.00 $600.00 $531.00 $552.20 BLS - NR $500.00 $470.00 $591.00 $550.00 $550.00 $600.00 $543.50 $552.20 MILEAGE 1 $11.00 1 $11.00 $15.00 $15.00 $15.00 $18.00 $14.17 $14.80 Recommendation: Increase ALS resident to $700 Increase ALS 2 to $750 Increase ALS -NR to $750 Increase BLS to $500 Increase BLS -NR to $550 Increase Mileage to $14 O � ro s � H �s G �..tl /Vvvei► -, fir- �3 a-oi3 �S'���� OPMO IF II.maU I MOO: DWI -13 M v ssg m v m � T ■� _ A n m S A � fi o GG © - — - ` — ` 0 � o ■ MEIN ■EI■ Elm L EL ���iG►M ill r S l -ft 'f . ca ■�� - � e : � o m r x OLYMPIC PROPERTY GROUP, LLC. c.mm.r.i., SOURCE INFORMATION Y L DC Irir.struetMr. E MUMG TCN m a w g usa caoR aMGTocwwrn�, i R.siMnti.l gTSrP COUNTY GP PA CEL 9IXROMY f WRIGHT CREEK °° WSW CCUMY GS UNNCOWORA® COUNTY ZONING VICINITY MAP CRY OF BREMtRTON CITY ZONING. DIGREED FROM CRY'S OFRICK ZONING MW WITH ZONING DESIGNATIONS FC . ��.. a 8" IP CUL s Proposed Map Change �¢ from "Industrial Park" (IP) R -10 to "Low Density Residential" (R -10) e ** *Area in White is Kitsap County Jurisdiction „.»... ., „.. r ..: »..,...... + i . Site Location M ,,A o' s Page I 1 Summary of Changes International Fire Code 2012 Code Cite Title Context Occurrence Severity (Full Document N/A fire code official to Roughly 60 times 0 Change) Fire Code Official (Full Document N/A Miscellaneous Code Roughly 59 times 0 Change) Cite adjustments (Full Document N/A Move all definitions to Roughly 5 times 0 Change) Chapter 2 (Full Document Deleted Code - Permit Length - Section 0 Change) Sections 105 Note- deleting a code - Hearing Examiner to section does not always interpret the code. mean a provision is less Section 108 restrictive, only deletions - Definition of R -2 causing the code to be less (townhomes) Chapter 2 restrictive are to the left. - Remodel- Chapter 2, others - Ladder Access #3 Chapter 5 - Buildings Vacant for >1 Page 2 year Chapter 9 - Standards (NFPA) Section 901 -4 hour wall -tax parcel, ownership. Section 903 - Remodeled Section 903 -Spec Use Warehouses Section 903 - Sprinkler Coverage 10ft - Ambulatory Health Care Section 903 - Sprinkler Requirements in portable classrooms Section 903 - 903.2.8 Group R Fire Area -(Fire Alarm Exceptions) Section 907 -10% Grade - Section D105 - Chapter 45 Marinas 18.02.10 Purpose No Changes* 18.02.20 Fire Code Adopted No Changes* 18.02.30 Code Conflicts No Changes* Page 13 18.02.40 Sec. 109.3 Violation penalties. Any person, company or corporation who violates any provision of this code or fails to comply with any of its requirements or who erects, constructs, alters, or repairs a building or structure or building system in violation or inconsistent with of (a) the approved construction documents, (b) a directive of the fire eede effieialFire Code Official or (c) a permit or certificate issued under the provisions of this code, or operates without such permit, shall be subject to penalties as set forth in section 18.02.80 -190 of the Bremerton Municipal Code or as otherwise provided by law. I FIRE CODE OFFICIAL, Fire Code Official shall mean the City of Bremerton _ - Formatted: Font: (Default) Times New Fire Marshal or other City official desi agn ted by the City of Bremerton Fire -- - - - - -- ------------- - - - - -- Roman, 12 pt, Not Bold Chief who 4hall be the of the Ci Fire Code The Fire Formatted: Font: (Default) Times New ---- - - - - -- ---------------- ---------- ---------- - - - - -- Roman, 12 pt, Not Bold Code Official is authorized to enforce the provisions of the fire code and its adopted reference documents to the fullest extent of the law Formatted: Font: (Default) Times New Roman, 12 pt, Not Bald 18.02.50 Vacant Premises No Changes* 18.02.55 Emergency No Changes* Preparedness 18.02.60 Sec. 503.2.1 Dimensions. Unless otherwise approved by the Fire Code Official the following minimum dimensions shall apply for fire apparatus access roads: Sec. 503.3 Marking. Fire apparatus access roads shall be marked whenever necessary to maintain the unobstructed minimum required width of roadways as determined by the Fire Code Official Subject to the fire eede effiei alfire Code Official prior written approval, marked fire apparatus access roads, or "fire lanes" as defined in section 502.1 of the code, may be established or relocated at the time of plan review, pre - construction site inspection, and /or post construction site inspection as well as any time during the life of the occupancy. Only those fire apparatus access roads established by the fire eede a€€tsial Code Official can utilize red marking paint and the term "fire lane." Once a fire lane is established it shall be maintained in a clean and legible condition at all times or repair /replaced to maintain visibility. Fire lanes shall be marked as directed by the €tFe eede e€fteia[ Code Official with one or more of the following types of marking: Page 4 503.7 Residential Driveway/Private Road Access and Sprinkler Requirements. if a res fire sprinidef system is installed in eaeh neiV Occupancies constructed on private roads /driveways shall be equipped throughout with a fire sprinkler system. 5. All occupancies shall be required to provide approved life safety rescue access, as defined in section 902 of this eede202 of the International Building Code or the International Residential Code as applicable 2. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with section 903.3.1.1 -et, 903.3.1.2, or other approved fire protection system, the distance requirement shall be 600 feet (183 m). Sec. 507.5.78 Installation requirements. All fire hydrants shall be installed in accordance with the specifications established by the fire eerie effieia Fire Code Official and the Director of Public Works and Utilities or his or her designee, or at a minimum, in accordance with the currently adopted NFPA, APWA, or AWWA standards. In addition, unless modified by written decision of the fire eede effieiedFire Code Official the following requirements shall apply to all building construction projects: Sec. 507.8 Building permit requirements. No building permit shall be issued until all plans required by this section have been submitted and approved in accordance with the provisions of this section. No combustible construction beyond the foundation shall be nllewed until all hydrants and mains required by this section are in place and approved. Page 5 Section 605.11 (Solar Panels) See attached 18.02.70 901.4.2.1 Fire Alarm Systems no longer required by the Fire Code or and other Formatted: Font: (Default) Times New applicable code or that were not installed as an alternative method to other code Roman, 12 Pt, sold provisions may, after the written approval of the Fire Code Official maybe discontinued and removed The removal of the system shall be pursuant to the _ regulations of Washington State Department of Labor and Industries Electrical Division as applicable, but as a minimum shall require the removal of visible wiring, fire alarm panels and other related visible devices The Fire Alarm System may be maintained as a local system rather than be removed Fire alarm systems that remain in service either monitored or local shall be inspected, maintained and tested per the International Fire Code NFPA 72 and this code Sec. 901.6.2 Records. Records of all system inspections, tests, and maintenance required by the referenced standards shall be maintained on the premises for a minimum of 3 years. A copy of each inspection, test, or maintenance record shall be forwarded to the fire eede offleia} Code Official —by an approved electronic method of delivery, within e n4; 1 a ten (10) business days of the date the inspection, test, or maintenance occurred. All fire protection systems taken off line or out of service and subsequently returned to service shall be reported to the Fire Code Official's office by an approved method of delive 18.02.80 Sec. 903.2 Where required. Approved fire sprinkler systems shall be installed throughout buildings and structures as follows: 1. In all new buildings and structures without adequate fire flow as required by this code. Exception: Group U Occupancies and remodels and replacements to existing Group R -3 residential structures as defined in the International Residential Code regardless of the requirements of Chapter 5 of the International Fire Code 2. All new buildings and structures with a gross floor area of Page 6 10,000 or more square feet (929 in), or where. this code provides a more restrictive floor area requirement, and shall be provided in all locations or where described by the International Fire Code tl3is -eede. Exception: Spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution equipment, batteries, and standby engines, provided those spaces or areas are equipped throughout with an automatic fire alarm system and are separated from the remainder of the building by a wall with a fire- resistance rating of not less than 1 hour and a floor /ceiling assembly with a fire- resistance rating of not less than 2 hours. 3. Where this code requires the installation of an automatic sprinkler system to protect an occupancy within an otherwise non - sprinkled building, then automatic sprinkler protections will be required throughout the entire building unless otherwise authorized by the fire eede a€€iaialFire Code Official 4. Only 4 hour area separation walls without openings shall constitute separate buildings to allow for a fire sprinkler exemption. When this exemptien Sec. 903.3.1.1.1 Exempt locations. When approved by the Fire Code Official; automatic sprinklers s :K& not be required in the following rooms or areas where such rooms or areas are protected with an approved automatic fire detection system in accordance with Section 907.2 that will respond to visible or invisible particles of combustion. Sprinklers shall not be omitted from any room merely because it is damp, of fire- resistance rated construction, or contains electrical equipment. Sec. 903.3.1.3 NFPA 13D Sprinkler Systems. The design of NFPA 13D fire sprinkler systems shall comply with the flow - through options listed in NFPA 13D. It is generally understood the flow - through systems be interconnected with the domestic 12jumbing system sized accordingly, to provide adequate turnover of potable water as well as the minimum required densi1y required by that of NFPA 13D. Sec 903.3.1.3.1 Design. In addition to the - design /coves e of the NFPA Page 7 13D fire sprinkler system a single sidewall or other approved design shall be installed above the man door between the habitable space and the attached garage. When the garage also contains a fuel fired appliance the sidewall head if within the listed spacing will be adequate coverage for that appliance All habitable spaces and other spaces with the potential to be occupied are to be covered. - All spaees in exeess ef 10 square feet shall be pfevided with spritilder eevefage. Sec. 903.4.2 Alarms - Exterior notification. Approved audible alarm devices shall be connected to every automatic sprinkler system. Such sprinkler water - flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Alarm devices shall be water -motor gong or approved electric bell which operates with water flow and ep be provided on the exterior of the building in an approved location at each riser or riser group. Sec. 903.4.3 Floor control valves. Approved supervised indicating control valves shall be provided at the point of connection to the riser on each floor on buildings /structures four (4) or more stories in height or 30 feet above rg ade lane as defined in Chapter 2 of the International Fire Code. 18.02.90 Fire Alarm and Detection Systems - General. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended to add the following to Subsection 907.1.2: Sec. 907.1.2 Fire Alarm Shop Drawings. 14. A Bremerton Fire dep aA submittal checklist. 15. A copy of the device /zone map. 16. All RiF& fire alarm system s drawings which _..m ,.,, _..main 25 c..,,. °1,GAIAC deviees eembi ° shall be submitted on no less than 4 4 x 17 "x24" sized drawings and "— ' to an approved scale with a digital copy of the design in . PDF format. lbl Fire Alarm and Detection Systems - Where Required Section 907 of the International Fire Code entitled "Fire Alarm and Detection Systems _ "is Page I8 amended to add the following Subsection 907.1 3.1 as follows: Sec. 907.1.3.1 All fire alarm systems shall be addressable. A fully functional annunciator panel shall be placed at the main entrances and fire sprinkler room(s). Graphic annunciators shall be utilized in all high -rises and schools Shielded fire alarm cable shall be utilized as required by the Fire Code Official (bc) Fire Alarm and Detection Systems - Where Required. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by substituting Subsection 907.2 with the following: Sec. 907.2 Where required -new buildings and structures. All new and remodeled occupancies where the fire area exceeds + +0 10.000 square feet, an approved mtantal -and automatic fire alarm system shall be provided. Appreved syste - i devices Where automatic sprinkler protection installed in accordance with Section 903.3.1.1 or 903.3.1.2 is provided and connected to the fire alarm system, automatic heat detection requirements of this section may be modified upon specific approval by the Fire eerie effieia Fire Code Official A prescriptive design will be: Automatic smoke detection in common areas, corridors and /or means of egress areas. Automatic heat detection throughout unless covered by a fire sprinkler system or smoke detection. (see strikeouts this section) 18.02.100 Fire Pumps No Changes* 18.02.110 Motor Fuel Dispensing No Changes* Page 19 18.02.120 Fire Safety During No Changes * Construction 18.02.130 Appendix D No Changes 18.02.140 Fees No Changes* 18.02.150 False Alarm Code No Changes* 18.02.160 (Reserved) No Changes* 18.02.170 18.02.170 AUTOMATIC SPRINKLER SYSTEMS - BUILDINGS CONTAINING TWO OR LESS DWELLING UNITS. (a) When automatic sprinkler systems are installed in buildings containing two (2) or less dwelling units as defined in the International Residential Code, whether attached or detached, they are permitted to be connected to the domestic service within said unit utilizing an integrated fire /plumbing flow - through system. (b) Automatic sprinkler systems installed pursuant to subsection (a) of this section shall not be subject to general facility charges, connection fees, inspections fees and other permit fees specifically related to and ether-wise assessable wider- GhapteF 3.01 the installation of a fire sprinkler system with a service size up to and including one (1) inch (c) Automatic sprinkler systems installed pursuant to subsection (a) of this section are integrated into and dependent upon the domestic water supply of the residential dwelling unit; therefore, the property owner is responsible for maintaining a connection to and paying for an adequate supply of water to the residential dwelling unit. 18.02.180 Specific Violations- No Changes Fines 18.02.190 Penalty No Changes* 18.02.200 Appeals No Changes* * -Does not include the notes made in the top 4 rows of this document 1 05.11 Solar photovoltaic power systems. Solar photovoltaic power systems shall be installed in accordance with Se ions 605.11.1 through 605.11.4, the International Building Code and NFPA 70. Exception: Detached, nonhabitable Group U structures including, but not limited to, parking shade structures, car ports solar trellises and similar structures shall not be sub ject to the requirements of this section. 0121 NTERNATIONAL FIRE CODE® white on red background. 605.11.1.2 Marking content. The marking shall con tain the words "WARNING: PHOTOVOLTAIC POWER SOURCE." 605.11.1.3 Main service disconnect. The marking shall be placed adjacent to the main service disconnect in a location clearly visible from the location where the disconnect is operated. 605.11.1.4 Location of marking. Marking shall be placed on intedor and exterior DC conduit, raceways, enclosures and cable assemblies every 10 feet (3048 mm), within 1 foot (305 mm) of turns or bends and within 1 foot (305 mm) above and below penetrations of roof/ceiling assemblies, walls or barriers. 605.11.2 Locations of DC conductors. Conduit, wiring systems, and raceways for photovoltaic circuits shall be located s close as possible to the ridge or hip or valley and from the hip or valley as directly as possible to an out side wall to reduc trip hazards and maximize ventilation opportunities. Conduit runs between sub arrays and to DC combiner boxes shall be installed in a manner that mini mizes the total amount of conduit on the roof by taking the shortest path from the array to t DC combiner box. The DC combiner boxes shall be located such that conduit runs are minimized in the pathways between arrays. DC wiring shall be installed in metallic conduit or raceways when located within enclosed spaces in a building. Conduit shall run along the bottom of load bearing members. 605.11.3 Access and pathways. Roof access, pathways, and spacing requirements shall be provided in accordance with Sections 605.11.3.1 through 605.11.3.3.3. Exceptions: 1. Residential structures shall be designed so that each photovoltaic array is no greater than 150 feet (45 720 mm) by 150 feet (45 720 mm) in either axis. 2. Panels /modules shall be permitted to be located up to the roof ridge where an alternative ventila tion method approved by the fire chief has been provided or where the fire chief has determined vertical ventilation techniques w 11 not be employed. 605.11.3.1 Roof access points. Roof access points shall be located in areas that do not require the placement of ground ladders over openings such as windows or doors, and located at strong points of building con struction in locatic is where the access point does not conflict with overhead obstructions such as tree limbs, wires, or signs. 605.11.3.2 Residential systems for one- and two family dwellings. Access to residential systems for one- d two- family dwellings shall be provided in accordance with Sections 605.11.3.2.1 through 605.11.3.2.4. 605.11.3.2.1 Residential buildings with hip roof layouts. Panels /modules installed on residential buildings with n roof layouts shall be located in a manner that provides a 3- foot -wide (914 mm) clear access pathway from the e ve to the ridge on each roof slope where panels /modules are located. The access pathway shall be located at a structurally strong location on the building capable of support ing the live load offire fighters accessing the roof Exception: These requirements shall not apply to roofs with slopes of two units vertical in 12 units horiz tal (2:12) or less. 605.11.3.2.2 Residential buildings with a single ridge. Panels /modules installed on residential buildings with a single ridge shall be located in a manner that provides two, 3- foot -wide (914 mm) access pathways from the eave o the ridge on each roof slope where panels /modules are located. Exception: This requirement shall not apply to roofs with slopes of two units vertical in 12 units horizontal (2: ) or less. 605.11.3.2.3 Residential buildings with roof hips and valleys. Panels /modules installed on residential buildings with roof hips and valleys shall be located no closer than 18 inches (457 mm) to a hip or a val ley where panels /modules are to be placed on both sides of a hip or valley. Where panels are to be located on only one side of a hip or valley that is of equal length, the panels shall be permitted to be placed directly adjacent to the hip or valley. Exception: These requirements shall not apply to roofs with slopes of two units vertical in 12 units horizontal (2:12) or less. 605.11.3.2.4 Residential building smoke ventilation. Panels /modules installed on residential build ings shall be located no higher than 3 feet (914 mm) below the ridge in order to allow for fire department smoke ventilation operations. 605.11.3.3 Other than residential buildings. Access to systems for occupancies other than one- and two family dwellings shall be provided in accordance with Sections 605.11.3.3.1 through 605.11.3.3.3. Exception: Where it is determined by the flre code official that the roof configuration is similar to that of a one- or two - family dwelling, the residential access and ventilation requirements in Sections 605.11.3.2.1 through 605.11.3.2.4 shall be permitted to be used. 78 605.11.3.3.1 Access. There shall be a minimum 6- foot -wide (1829 nun) clear perimeter around the edges of the roof. Exception: Where either axis of the building is 250 feet (76 200 mm) or less, there shall be a minimum 4- foot -wide (1290 mm) clear perimeter around the edges of the roof. 605.11.3.3.2 Pathways. The solar installation shall be designed to provide designated pathways. The pathways shall meet the following requirements: 1. The pathway shall be over areas capable of supporting the live load of fire fighters accessing the roof. 2. The centerline axis pathways shall be pro vided in both axes of the roof. Centerline axis pathways shall run where the roof structure is capable of supporting the live load of fire fighters accessing the roof. 3. Shall be a straight line not less than 4 feet (1290 mm) clear to skylights or ventilation hatches. 4. Shall be a straight line not less than 4 feet (1290 nun) clear to roof standpipes. 5. Shall provide not less than 4 feet (1290 mm) clear around roof access hatch with at least one not less than 4 feet (1290 mm) clear path way to parapet or roof edge. 605.11.3.3.3 Smoke ventilation. The solar installation shall be designed to meet the following require ments: 1. Arrays shall be no greater than 150 feet (45 720 mm) by 150 feet (45 720 mm) in distance in either axis in order to create oppmiunities for fire department smoke ventilation operations. 2. Smoke ventilation options between array sec tions shall be one of the following: 2.1. A pathway 8 feet (2438 mm) or greater in width. 2.2. A 4 -foot (1290 mm) or greater in width pathway and bordering roof skylights or smoke and heat vents. 2.3. A 4 -foot (1290 mm) or greater in width pathway and bordering 4 -foot by 8 -foot (1290 mm by 2438 mm) "venting cutouts" every 20 feet (6096 mm) on alternating sides of the pathway. 605.11.4 Ground - mounted photovoltaic arrays. Ground - mounted photovoltaic arrays shall comply with Sections 605.11 through 605.11.2 and this section. Set back requirements shall not apply to ground- mounted, free - standing photovoltaic arrays. A clear, brush -free area of 10 feet (3048 mm) shall be required for ground mounted photovoltaic arrays. i i e ,..... �+.«.h�. or a� ............. ........................ re p 1 ;9 gip t N i fx; x.": ,. m � � � '' � a `h��e � ��� �` ar rat v �, „_ °w � i . � 1 � x �� I �I �I a f X �' �. WIMU IM Ml .two, e a� y s a. % rt t ^'may nh> R 4, .� . /« J� � � » . � ? � \ \.. . a . � .� «. ; « «� � \ }� "� � ? °� e » «�� � . \ \< « : z . < »� * �.� � .., � a » w . .� a § . \� y . ? ° »� z� <: }. » �: ° � � : �.. . � 2� »�r °: .. �. «� � �� < ».: y.\ . .. .. a , = a, �� � a y« � � � ©�� � » �yw>e« d »2? »S a«, »� .a,� �w ��a. .�� «� . ««:y«<J» «y«. : . >. a� � � . . \ }� � �� � .� � � ��� � �� � � . \ \. : w� � � � � � � � � � {�� � . 1� < .�� ? «ice «� +� � � � a :� .: y . . � >� � ,� �� ««� y:� � +� � � y� ?� � � /\ \: d� 7 �?���������y2� . m� �. . :; © �«m2y <� � aw2� «�� ° \y. . `�� \ \ % \ \ «. � ^ » ©: r Contact Tra nsportation Mayor Patty Lent Funding to Provide Jobs and Growth ' Chair of SKIA MIC in Mason Kitsap County and in City of Bremerton Implementation Committee �\ 360 - 473 -5266 mayor@ci.bremerton.wa.us t ,; ,�; ' `,- -� City of Bremerton /Kitsap County MA$O COUNTY ,'� _ NTY ' - - - - -- r �- -- - -' To Hwy 16 3,700 acres in South Kitsap Industrial f ; i Area (SKIA) UGA SR 3 -- PROJECTS LIST T f rir� F 4: 4th l argest and largest available Regional Projects: contiguous acreage MIC in the State Z_ Cross -SKIA Connector $11.5M Potential 10,000 new Clean Technology, ti m Providing connectivity and £; ; Aerospace and Industrial jobs Port of Brer4erton ° improved freight access to SKIA i Nationaii Airport •Phase 1 completed 2010 �, � � :�; Expand and diversify military workforce M\ City of _ Bren'rert Other Investments Made: Belfair Bypass $ •SKIA SubArea Plan and Planned Providing improved freight mobility ' =r r , £ , 7 Action EIS .� - $500K between Kitsap /Mason Counties r __- _- __________ � ���' <' ; on • Cross -SKIA Connector Phase 1- $2.4M o • $1M Environmental' r �• "`° "` Assessment completed • Pilot Project. Right- sizing for Mason 0 M C costs savings o�, 2,200 acres in Belfair UGA _ a State Roads Potential 2,600 new jobs and 2,700 SR 3 /Imperial Way $2.OM Belfa UGA housing units .7 SR 3 /Sunnyslope Road $2.OM SR 16/01d Clifton Rd Ramps $1.5M oaf �� I � F Belfair Bypass provides improved SR 3 /Airport Way Intersection $0.5M freight mobility SR 3 /Christopherson Rd Intersection $3.OM Sr Greenfield project in Belfair UGA key to Local Improvements: jobs and housing growth Lake Flora Widening $3.2M� ' � -� - ; � _ u � Other Investments Made: Trails (12 miles) $1.3M f i > Wa ewater r F SR 3 ' ' � Trea#I��Rt t j - , � •' $48.75 M Wastewater Treatment r,u Plant complete to support growth PROJECT PLANNING i PI Belfair SR 3 Widening and Ready for Implementation ; -------- -_ N Safety Improvements - $18.1M WSDOT Bremerton Economic Development f J Study, 2012 Mason' Kitsap . Bremerton SKIA Subarea Plan and To Shelt G L9rte . .: tl Planned Action EIS, 2012 WSDOT Belfair Bypass Environmental �� `"^�. # PORT OF ., Economic Development Council v�hMa� Assessment, 2013 p Kitsap Regional •IHAMBER _,� Coordinating Council KRSAPAEROSPACE AN \ -�- —•° �] • 6 t)EEEN6E ALLIANCE n ______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 Phone (360) 473-5280 NOVEMBER 13, 2013 CITY COUNCIL STUDY SESSION 5:00 PM in COUNCIL CONFERENCE ROOM 603 The Study Session is open to the public but there will be no opportunities for input or participation; no action is anticipated during the Study Session; and the content of these items is subject to change. If approved by Council, the items will be placed on the November 20, 2013 Council Meeting Agenda (unless otherwise noted): A. NO PRESENTATION PLANNED - The following items are budgeted items or have been reviewed by the appropriate Council Committee: 1. Interlocal Agreement with Bremerton School District for a full-time School Resource Officer 2. Contract Award for Additional Work on 11th Street & Warren Avenue Construction Project 3. Resolution to amend and re-establish City Rates & Fees for 2014 (Action to be taken on December 4) B. BRIEFINGS & FULL PRESENTATION ITEMS 4. Briefing on Municipal Court Computer Upgrades - Dawn Nelson (Information Only) 5. Resolution to approve and ratify the Kitsap Countywide Planning Policies (CPP's) 6. Ordinance to adopt the Shoreline Master Program 7. Ordinance to amend Bremerton Municipal Code (BMC) Chapter 20.16 relating to "Shoreline Permits" 8. Proposed Public Hearing and Ordinance to adopt the 2013 Annual Comprehensive Plan Amendment 9. Ordinance to revise Bremerton Municipal Code (BMC) Chapter 17.60 relating to "Floodplain Management" 10. Ordinance amending Chapters of the Bremerton Municipal Code (BMC) relating to the Office of Human Resources 11. Proposed Public Hearing and Ordinance to amend Title 18 of the Bremerton Municipal Code (BMC) adopting the 2012 changes to the International Fire Code (IFC) C. GENERAL COUNCIL BUSINESS o Public Safety and Parks Committee Briefing (11/13/13 Meeting) – Leslie Daugs, Chair o SKIA Implementation and Gorst Plan Update – Andrea Spencer, Director of Community Development o Other General Council Business (As necessary…) D. ADJOURNMENT OF STUDY SESSION Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations should contact the City Clerk’s Office at (360) 473-5323 by noon on the Monday preceding the Council meeting. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Interlocal Agreement with Bremerton School District to provide a full- time School Resource Officer to assist faculty, staff, students, and families within the Bremerton School District Study Session Date: November 6, 2013 COUNCIL MEETING Date: November 13, 2013 Department: Police Presenter: Steven Strachan Phone: (360) 473-5224 SUMMARY: Provide a full-time School Resource Officer to work with the District and building administrators to provide a positive, safe environment for students and employees. ATTACHMENTS: Interlocal Agreement with the Bremerton School District FISCAL IMPACTS (Include Budgeted Amount): The Bremerton School District will pay the City $60,000 to offset the costs of the program. STUDY SESSION AGENDA: ☒ No Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Interlocal Agreement with Bremerton School District for a full-time School Resource Officer, and to authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/25/13 School Resource Officer Page 1 of 3 PROFESSIONAL SERVICES AGREEMENT January 1, 2014 through December 31, 2014 The City of Bremerton ("City") and the Bremerton School District 100-C (“District”), referred to collectively as the “Parties,” enter into the following Agreement for security services: I. Scope: City will provide a full-time School Resource Officer (SRO) to assist faculty, staff, students, and families within the Bremerton School District. The SRO’s primary service areas will be Bremerton High School and Mountain View Middle School. Assistance at other Bremerton Schools will be provided as requested. The SRO will assume regular police duties outside of the scheduled academic calendar. The SRO, along with the Chief of Police or his designee, will work with the District and building administrators to provide a positive, safe environment for students and employees. City officials will work with the District to plan and carry out in-services for staff which will help staff learn to identify safety risks and learn appropriate responses in unsafe situations. The SRO will work with individual students and groups of students to encourage positive behavioral choices. The SRO will at all times follow the procedures laid out by building principals. District and SRO will work closely to plan and implement specific activities designed to improve student behavioral choices at each site. All parties agree to meet together on a regularly scheduled basis. II. Term: This Agreement shall be effective January 1, 2014 through December 31, 2014. III. Compensation: In consideration of the services provided pursuant to this Agreement, the District shall pay City of Bremerton Treasurer Sixty Thousand Dollars ($60,000). District shall make payment in the amount of Forty Thousand Dollars ($40,000) on or before January 30, 2014 and Twenty Thousand Dollars ($20,000) on or before September 30, 2014. IV. Relationship of Parties: SRO is an employee of the City of Bremerton Police Department and will answer to the Police Chief. V. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. VI. Nondiscrimination: City shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, sexual orientation or disability. VII. Termination: This Agreement may be terminated without cause at any time by mutual agreement of the parties hereto, or by either party after 30 days following the other party's receipt of a written intent to terminate. School Resource Officer Page 2 of 3 Each party shall have the right to cancel and immediately terminate this agreement without prior notice upon breach of the agreement by the other party. VIII. Indemnification: The School District shall defend, indemnify and hold harmless the City and its officers, agents and employees, or any of them, from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, arising out of any act or omission of the School District, its officers, agents, and employees or any of them relating to or arising out of the performance of the agreement; however, the School Dist rict shall not defend, indemnify or hold the City harmless from any claims, actions or suits for injury, damage or loss of any kind caused by either intentional act(s) or the sole negligence of the City, its officers, agents and employees, or any of them. In any action which the School District defends the City, the School District shall have the right to select counsel; however, the City may associate additional counsel at the City's own expense. If final judgment be rendered against the City and the School District and their respective officers, agents and employees, or any of them, the School District shall satisfy the same; however, in the event that the final judgment contains any award for injury, damage or loss of any kind caused by the intentional act(s) or the sole negligence of the City, its officers, agents and employees, or any of them, the City shall pay that portion of the judgment. In executing this agreement, the City does not assume liability or responsibility for, or in any way release the School District from any liability or responsibility which arises in whole or in part from the existence or effect of School District policies, rules or regulations. If any cause, claim, suit, action, or administrative proceeding is commenced, in which the enforceability and/or validity of any such School District policy, rule or regulation is at issue, the School District shall defend the same at its sole expense and if judgment is entered or damages are awarded against the School District, the City or both, the School District shall satisfy the same, including all chargeable costs and attorney's fees. The City shall defend, indemnify and hold harmless the School District and its officers, directors, agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, out of any act or omission of the City, its officers, agents and employees, or any of them in the performance of this agreement; however, the City shall not defend, indemnify or hold the School District harmless from any claims, actions or suits for injury, damage or loss of any kind caused by either intentional act(s) or the sole negligence of the School District, its officers, directors, agents and employees or any of them. In any action which the City defends the School District, the City shall have the right to select counsel; however, the School District may associate additional counsel at the School District's own expense. If final judgment contains any award for injury or loss of any kind caused by the intentional act(s) or the sole negligence of the School District, its officers, directors, agents and employees or any of them, the School District shall pay that portion of the judgment. IX. Venue Stipulation: This agreement shall be construed as having been made and delivered with the State of Washington, and the laws of the State of Washington shall be School Resource Officer Page 3 of 3 applicable to its construction and enforcement. Any action at law, suit in equity, or judicial proceeding for the enforcement of this agreement or any provision hereto shall be instituted in Kitsap County, Washington. CITY OF BREMERTON BREMERTON SCHOOL DISTRICT 100-C PATTY LENT, Mayor By: Its: Date ___________________ Date ___________________ Steven Strachan, Police Chief Board Member Date Date APPROVED AS TO FORM: Roger A. Lubovich, City Attorney Date R:\Legal\Legal\Contracts\Police\Brem School Dist 2014.doc AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Contract award for construction of the 11th and Warren Project – Additional Work Study Session Date: 11/13/13 COUNCIL MEETING Date: 11/20/13 Department: PW &U Presenter: Chal Martin Phone: 360-473-5758 SUMMARY: The City entered into an Interlocal Agreement (ILA) with Olympic College for construction of the new signal at 13th Street and Warren Avenue. With completion of this project, there is additional work along the Warren Avenue corridor with sidewalk, ADA ramps, signal, and landscaping improvements benefitting both the City and the College which can be completed with remaining monies. The City requested proposals from seven contractors on October 31st and received one response on November 7th. The apparent low, responsive, responsible bidder was RV Associates for $135,510.00. ATTACHMENTS: 1) Summary 2)Agreement; 3) Bid Tabulation FISCAL IMPACTS (Include Budgeted Amount): The project is funded with remaining monies from Olympic College with no City match. STUDY SESSION AGENDA: ☒ No Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the bid for construction of the 11th and Warren Project – Additional Work and authorize the Mayor to finalize and execute the agreement with RV Associates, in the amount of $135,510.00, with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 Sewage Pump Station CW-1 Upgrade Council Summary COUNCIL SUMMARY 11th & WARREN PROJECT – ADDITIONAL WORK Background Upon completion of the 11th and Warren Project, additional funding designated by Olympic College for construction of the signal at 13th Street was identified as remaining and available for construction of work items of mutual benefit to the City and college. Staff met with Olympic College officials and identified the following work items to be considered for construction; Construction of an ADA ramp and crosswalk from the southbound Warren Avenue sidewalk to the frontage road near 18th Street, ADA ramps at 17th Street and Warren Avenue, New vehicle detector loops (traffic signal loops) exiting 16th Street onto Warren Avenue, Landscaping replacement between the parking lot and Warren Avenu e from 13th to 15th Streets, Staff contracted with Parametrix to design these improvements; the contract documents were sent to five contractors to bid the work via the small works process. Provisions have been included in the documents to allow deletion of specific scope items to ensure the project costs do not exceed the available budget. Fiscal Summary Approximately $95,000 is available from Olympic College for construction of this work. All construction costs will be paid by these funds, with no City match required. Staff costs for construction management and inspection are expected to be minimal, and will be paid from the Engineering General Fund budget. The design costs (approximately $10,000) were also paid by Olympic College from the funds designated for the signal at 13th Street. PARAMETRIX Form 05-PD-189/Rev. 07/05 Date:October 29, 2013 ITEM SPEC NO.SECTION DESCRIPTION QTY UNIT UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST Schedule A - 18th St and Warren Ave A1 1-04 Minor Change 1 EST $15,000.00 $15,000.00 $15,000.00 $15,000.00 A2 1-07 SPCC Plan 1 LS $500.00 $500.00 $500.00 $500.00 A3 1-09 Mobilization 1 LS $8,699.50 $8,699.50 $13,812.00 $13,812.00 A4 1-10 Project Temporary Traffic Control 1 LS $2,500.00 $2,500.00 $11,657.00 $11,657.00 A5 2-01 Clearing and Grubbing 1 LS $1,000.00 $1,000.00 $1,808.00 $1,808.00 A6 2-02 Removing Asphalt Conc. Pavement 25 SY $15.00 $375.00 $59.00 $1,475.00 A7 2-02 Removing Cement Conc. Curb and Gutter 65 LF $8.00 $520.00 $18.00 $1,170.00 A8 2-02 Removing Cement Conc. Sidewalk 25 SY $25.00 $625.00 $54.00 $1,350.00 A9 2-02 Removing Guardrail 140 LF $7.00 $980.00 $10.00 $1,400.00 A10 2-03 Roadway Excavation Incl. Haul 5 CY $30.00 $150.00 $208.00 $1,040.00 A11 2-03 Gravel Borrow Incl. Haul 20 Ton $35.00 $700.00 $57.00 $1,140.00 A12 4-04 Crushed Surfacing Top Course 20 Ton $35.00 $700.00 $101.00 $2,020.00 A13 5-04 Commercial HMA 12 Ton $125.00 $1,500.00 $383.00 $4,596.00 A14 8-01 Biodegradable Erosion Control Blanket 60 SY $5.00 $300.00 $5.00 $300.00 A15 8-02 Topsoil Type A 20 CY $50.00 $1,000.00 $51.00 $1,020.00 A16 8-02 Sod Installation 60 SY $7.50 $450.00 $13.00 $780.00 A17 8-04 Cement Conc. Traffic Curb and Gutter 40 LF $25.00 $1,000.00 $39.00 $1,560.00 A19 8-04 Cement Conc. Pedestrian Curb 35 LF $30.00 $1,050.00 $40.00 $1,400.00 A20 8-06 Cement Conc. Driveway Entrance Type 1 21 SY $60.00 $1,260.00 $74.00 $1,554.00 A21 8-14 Cement Conc. Sidewalk 90 SY $30.00 $2,700.00 $65.00 $5,850.00 A22 8-14 Cement Conc. Curb Ramp Type Parallel A 1 Each $1,500.00 $1,500.00 $1,224.00 $1,224.00 A23 8-14 Cement Conc. Curb Ramp Type Parallel B 1 Each $1,250.00 $1,250.00 $1,151.00 $1,151.00 A24 8-21 Permanent Signing 1 LS $500.00 $500.00 $1,015.00 $1,015.00 A25 8-22 Plastic Crosswalk Line 32 SF $10.00 $320.00 $83.00 $2,656.00 $44,579.50 $75,478.00 Schedule B - 17th St and Warren Ave B1 2-02 Removing Asphalt Conc. Pavement 30 SY $15.00 $450.00 $30.00 $900.00 B2 2-02 Removing Cement Conc. Curb and Gutter 40 LF $8.00 $320.00 $24.00 $960.00 B3 2-02 Removing Cement Conc. Sidewalk 35 SY $25.00 $875.00 $23.00 $805.00 B4 2-03 Roadway Excavation 3 CY $30.00 $90.00 $221.00 $663.00 B5 4-04 Crushed Surfacing Top Course 15 Ton $35.00 $525.00 $51.00 $765.00 B6 5-04 Commercial HMA 5 Ton $125.00 $625.00 $383.00 $1,915.00 B7 8-04 Cement Conc. Traffic Curb and Gutter 40 LF $25.00 $1,000.00 $40.00 $1,600.00 B8 8-04 Cement Conc. Traffic Curb 42 LF $30.00 $1,260.00 $38.00 $1,596.00 B9 8-04 Cement Conc. Pedestrian Curb 46 LF $30.00 $1,380.00 $30.00 $1,380.00 B10 8-04 Cement Conc. Curb Ramp Type Parallel A 2 Each $1,250.00 $2,500.00 $1,500.00 $3,000.00 B11 8-14 Detectable Warning Surface 22 SF $15.00 $330.00 $50.00 $1,100.00 B12 8-21 Permanent Signing 1 LS $250.00 $250.00 $400.00 $400.00 B13 8-22 Plastic Stop Line 24 LF $12.50 $300.00 $83.00 $1,992.00 B14 8-22 Plastic Crosswalk Line 128 SF $10.00 $1,280.00 $22.00 $2,816.00 B15 8-22 Removing Plastic Line 36 LF $5.00 $180.00 $83.00 $2,988.00 $11,365.00 $22,880.00 Schedule C - 16th St and Warren Ave C1 8-20 Traffic Signal System Loops, Complete 1 LS $15,000.00 $15,000.00 $4,500.00 $4,500.00 $15,000.00 $4,500.00 Schedule D - Warren Ave - 13th St to 15th St D1 2-01 Clearing and Grubbing 1 LS $2,500.00 $2,500.00 $3,966.00 $3,966.00 D2 8-02 Topsoil Type A 180 CY $50.00 $9,000.00 $50.00 $9,000.00 D3 8-02 Sod Installation 1,100 LS $7.50 $8,250.00 $12.00 $13,200.00 D4 8-03 Irrigation System 1 LS $5,000.00 $5,000.00 $6,486.00 $6,486.00 $24,750.00 $32,652.00 $95,694.50 $135,510.00 Bid Tabulation for 11th and Warren - Additional Work Total Schedule C Total Schedule A RV Associates Total Project (Sch A+B+C+D) Total Schedule B Total Schedule D Page 1 of 1 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution No. ____ amending and re-establishing City Rates and Fees for 2014 Study Session Date: November 13, 2013 COUNCIL MEETING Date: December 4, 2013 Department: All Presenter: Becky Hasart Phone: 473-5722 SUMMARY: Each year as part of the budget process, the various City departments review their charges, rates and fees for services and make recommendations on any changes needed. The attached includes recommended changes to fees charged by the various departments. ATTACHMENTS: Resolution No. ____ FISCAL IMPACTS (Include Budgeted Amount): Impacts to revenues are dependent on the demand for services. The 2014 proposed budget does anticipate the approval of this resolution and related rate tables. STUDY SESSION AGENDA: ☒ No Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to adopt Resolution No. _____ amending and re-establishing City Rates & Fees for 2014. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/25/13 1 2014 Rates and Fees RESOLUTION NO. ________ A RESOLUTION of the City Council of the City of Bremerton, Washington, amending and reestablishing rates and fees for services relating to the Department of Financial Services, Municipal Court, Department of Community Development, Police Department, Fire Department, Parks and Recreation Department, Department of Public Works and Utilities and Bremerton Kitsap Access Television (BKAT). WHEREAS, the City Council desires to amend and reestablish the rates and fees established in prior Resolution Nos. 3185, 3188, 3191, and 3197, by this resolution; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Resolutions Repealed. Resolution Nos. 3185, 3188, 3191, and 3197 are hereby repealed in their entirety. SECTION 2. Rate Tables amended. Rates and fees for services relating to the Department of Financial Services, Municipal Court, Department of Community Development, Police Department, Fire Department, Parks and Recreation Department, Department of Public Works and Utilities and Bremerton Kitsap Access Television (BKAT), as established and amended by Resolution Nos. 3185, 3188, 3191, and 3197, are hereby amended and reestablished herein by this Resolution as set forth in the rates tables attached hereto as Exhibit A, incorporated herein by reference. SECTION 3. Effective Date of Sections 1 and 2. The repeal of resolutions as set forth in Section 1 above and the amendment and restatement of rate tables as set forth in Section 2 above shall be effective January 1, 2014. SECTION 4. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 5. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this _____ day of __________________, 2013. _________________________________ GREG WHEELER, Council President 2 2014 Rates and Fees APPROVED AS TO FORM: ATTEST: __________________________________ ________________________________ ROGER A. LUBOVICH, City Attorney SHANNON CORIN, City Clerk R:\Legal\Legal\Resolutions\Finance\2014 Rates and Fee Tables\2014 Resolution establishing Rate Tables.doc AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution No. ______ ratifying the Kitsap Countywide Planning Policies (CPP’s) Study Session Date: 11/13/2013 COUNCIL MEETING Date: 11/20/2013 Department: DCD Presenter: Andrea L. Spencer Phone: 360.473.5283 SUMMARY: The Kitsap Countywide Planning Policies (CPP’s) are a regional framework prepared by local governments to coordinate jurisdictional growth planning as directed by the State Growth Management Act (GMA). The CPP’s were originally adopted and ratified by all Kitsap County local governments in 1992, and they have been amended several times in the years since, with the last update occurring in 2011. In the 2013 amendment cycle there are two revisions proposed, briefly summarized as follows: 1.) Updates were made to the process and review criteria for siting of essential public facilities for compliance with State law (see Element G, page 22, of CPP Exhibit A) and 2.) The countywide population growth allocation tables were reorganized and updated (see Appendix B, pages 45 & 46, of CPP Exhibit A). A useful and in-depth summary of this year’s CPP update process has been prepared by staff at KRCC, please refer to Attachment I of this agenda bill. The Kitsap Regional Coordinating Council (KRCC) has recommended that the Kitsap Board of County Commissioners (BoCC) adopt the CPP changes as described in the attached Resolution. The BoCC is scheduled to take action on November 25. The City Council ratification of the amendments is requested to be compliant with the procedures outlined in the CPPs (please see Appendix A of the CPP’s for the ratification process). The proposed resolution ratifies the CPPs only if the BoCC adopts them as recommended by the KRCC. ATTACHMENTS: I. KRCC Summary of the 2013 CPP updates. II. Proposed Resolution with updated CPPs contained in Exhibit A FISCAL IMPACTS (Include Budgeted Amount): No anticipated fiscal impacts. STUDY SESSION AGENDA: ☐ No Presentation ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to adopt Resolution No. _________ approving and ratifying the updated Kitsap Countywide Planning Policies, as recommended by the KRCC, conditioned upon and subject to adoption by the Kitsap County Board of County Commissioners. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/25/13 Chair Commissioner Josh Brown Kitsap County Vice-Chair Mayor Tim Matthes City of Port Orchard Commissioner Charlotte Garrido Commissioner Robert Gelder Kitsap County Mayor Patty Lent Council Member Faye Flemister Council Member Greg Wheeler Council Member Leslie Daugs * City of Bremerton Mayor Steve Bonkowski Council Member Anne Blair Council Member Debbi Lester * City of Bainbridge Island Council Member Carolyn Powers Council Member Jeff Cartwright * City of Port Orchard Mayor Becky Erickson Council Member Ed Stern * City of Poulsbo Council Chair Leonard Forsman Rob Purser* Suquamish Tribe*** Council Chair Jeromy Sullivan Council Member Dawn Purser * Port Gamble S’Klallam Tribe*** Commissioner Axel Strakeljahn Commissioner Larry Stokes * Port of Bremerton Captain Tom Zwolfer Tom Danaher, PAO * Naval Base Kitsap ** Mary McClure Executive Management McClure Consulting LLC * Alternate * * Ex Officio Member *** Associate Member Executive Committee P.O. Box 1934 Kingston, WA 98346 360-377-4900 (voice) 360-297-7762 (fax) www.KitsapRegionalCouncil.org Kitsap Regional Coordinating Council KRCC Member Agency Adoption & Ratification of the Kitsap Countywide Planning Policy (CPP) September 26, 2013 On September 24, 2013, the Kitsap Regional Coordinating Council (KRCC) Executive Board approved the proposed 2013 updates to the Kitsap Countywide Planning Policy (CPP), and recommended adoption by Kitsap County, with concurrent, contingent ratification by the Cities and Tribes. In addition, the KRCC Executive Board committed to developing Countywide Household and Employment Distribution Targets for formal adoption by the KRCC Executive Board by the end of 2014. REQUESTED ACTION: October to December 2013 Kitsap Board of County Commissioners: Adopt the 2013 CPP updates by ordinance City & Tribal Councils: Ratify the 2013 CPP updates, contingent upon Kitsap County adoption by ordinance of the updates as recommended by the KRCC Executive Board. BACKGROUND The Kitsap Regional Coordinating Council (KRCC) is the local council of government entities in Kitsap County, responsible for collaborative land use and transportation planning. The KRCC is required to periodically update the Countywide Planning Policy (CPP), originally adopted in 1992, under the Growth Management Act, to provide the framework for growth management in Kitsap County. The CPP was last updated in 2011. 2013 POLICY UPDATE In 2013 the KRCC initiated an update of the CPP to address required changes in two policy areas: • Required update to Appendix B: Countywide Population Distribution to 2035, as per the State Growth Management Act • Required update to policy Element G: Siting Public Capital Facilities, as per KRCC Board Resolution no. 2012-02. Further information relating to those changes, the schedule throughout the year, opportunities for public input, and the proposed language changes are included in the following pages. KRCC Summary of 2013 CPP Updates: Page 1 of 17 Included in this Packet: Page No. 3 Overview of Required CPP Updates 4 2013 Schedule for CPP Update & Adoption 5 Appendix B: (2035) Population Distribution as Proposed 6 2035 Population Distribution Rationale 10 Appendix B: Population Distribution as Adopted (2011 CPP) 11 CPP Policy Element G: Siting Capital Facilities, with Proposed Policy Update 13 KRCC Resolution 2012:02 Re: CPP Element G 14 KRCC Letter (7/31) to the Puget Sound Regional Council Re: Proposed Updates 16 Puget Sound Regional Council Comments on Proposed CPP Updates KRCC Summary of 2013 CPP Updates: Page 2 of 17 Chair Commissioner Josh Brown Kitsap County Vice-Chair Mayor Tim Matthes City of Port Orchard Commissioner Charlotte Garrido Commissioner Robert Gelder Kitsap County Mayor Patty Lent Council Member Faye Flemister Council Member Greg Wheeler Council Member Leslie Daugs * City of Bremerton Mayor Steve Bonkowski Council Member Anne Blair Council Member Debbi Lester * City of Bainbridge Island Council Member Carolyn Powers Council Member Jeff Cartwright * City of Port Orchard Mayor Becky Erickson Council Member Ed Stern * City of Poulsbo Council Chair Leonard Forsman Rob Purser * Suquamish Tribe*** Council Chair Jeromy Sullivan Council Member Dawn Purser * Port Gamble S’Klallam Tribe*** Commissioner Axel Strakeljahn Commissioner Larry Stokes * Port of Bremerton Captain Tom Zwolfer Tom Danaher, PAO * Naval Base Kitsap ** Mary McClure Executive Management McClure Consulting LLC * Alternate * * Ex Officio Member *** Associate Member Executive Committee P.O. Box 1934 Kingston, WA 98346 360-377-4900 (voice) 360-297-7762 (fax) www.KitsapRegionalCouncil.org Kitsap Regional Coordinating Council 2013 Proposed Kitsap Countywide Planning Policy (CPP) Updates 2013 Proposed CPP Updates address two policy areas: • Required update to Appendix B: Countywide Population Distribution to 2035, as per the State Growth Management Act Included in this packet: o Proposed Appendix B o Analysis developed by the KRCC Planning Director Forum to support the proposed policy change o Current adopted Appendix B • Required update to policy Element G: Siting Public Capital Facilities, as per KRCC Board Resolution no. 2012-02 Included in this packet: o KRCC Board Resolution no. 2012-02: Amend CPP o Proposed Element G: Siting Public Capital Facilities Public Capital Facilities, also known as Essential Public Facilities, are facilities of a regional, county or statewide nature that are typically difficult to site. Examples include: airports; State education facilities and State or regional transportation facilities; regional transit authority facilities; state and local correctional facilities; solid waste handling facilities; and inpatient facilities including substance abuse facilities, mental health facilities, group homes, and secure community transition facilities. The process defined in Element G has been used three times in the siting of Essential Public Facilities: • 1993: Washington State Department of Corrections Work Release Facility Outcome: Sited near Port Orchard • 2000: Solid Waste Handling Facility Outcome: Sited at Olympic View • 2002: Washington Department of Social and Health Services (DSHS) Secure Community Transition Facility (for Sexual Offenders) Outcome: Not sited in Kitsap KRCC Summary of 2013 CPP Updates: Page 3 of 17 Chair Commissioner Josh Brown Kitsap County Vice-Chair Mayor Tim Matthes City of Port Orchard Commissioner Charlotte Garrido Commissioner Robert Gelder Kitsap County Mayor Patty Lent Council Member Faye Flemister Council Member Greg Wheeler Council Member Leslie Daugs * City of Bremerton Mayor Steve Bonkowski Council Member Anne Blair Council Member Debbi Lester * City of Bainbridge Island Council Member Carolyn Powers Council Member Jeff Cartwright * City of Port Orchard Mayor Becky Erickson Council Member Ed Stern * City of Poulsbo Council Chair Leonard Forsman Rob Purser* Suquamish Tribe*** Council Chair Jeromy Sullivan Council Member Dawn Purser * Port Gamble S’Klallam Tribe*** Commissioner Axel Strakeljahn Commissioner Larry Stokes * Port of Bremerton Captain Tom Zwolfer Tom Danaher, PAO * Naval Base Kitsap ** Mary McClure Executive Management McClure Consulting LLC * Alternate * * Ex Officio Member *** Associate Member Executive Committee P.O. Box 1934 Kingston, WA 98346 360-377-4900 (voice) 360-297-7762 (fax) www.KitsapRegionalCouncil.org Kitsap Regional Coordinating Council 2013 Kitsap Countywide Planning Policy (CPP) Update Schedule Adopted by the KRCC Executive Board: May 28, 2013 May 28 KRCC Executive Board Study Session: Countywide Planning Policy Workshop Review 2010 – 2035 Population Distribution, & other policy changes. June 25 KRCC Executive Board: Action Release proposed revisions for public / State agency comment June 26 (through August 26) Submit for 60 day Agency Review: • WA State agencies (Dept.’s of Commerce, Corrections, Health, Fish & Wildlife, Ecology, Social & Health Services, Transportation and Archaeology & Historic Preservation; Puget Sound Partnership; WA State Dept. of Natural Resources; Recreation & Conservation Office; Parks & Recreation Commission): 0 Comments Received • KRCC Member Agencies: 0 Comments Received • Puget Sound Regional Council: 1 Comment Received July 23 KRCC Executive Board: Action • End Public Comment Period: 0 Comments Received • Public Hearing: 0 Comments Received Sept 17 Planning Directors: Review public & state agency comments; prepare final proposed CPP updates Sept 24 KRCC Executive Board: Action Recommend proposed updates to Kitsap County for adoption & Cities/Tribes for ratification October to December Cities & Tribes: Provisional Ratification Councils take action that will come into effect after County adoption by ordinance Kitsap County: Adoption Process SEPA checklist, public hearing, Planning Commission, adoption by ordinance KRCC Summary of 2013 CPP Updates: Page 4 of 17 Chair Commissioner Josh Brown Kitsap County Vice-Chair Mayor Tim Matthes City of Port Orchard Commissioner Charlotte Garrido Commissioner Robert Gelder Kitsap County Mayor Patty Lent Council Member Faye Flemister Council Member Greg Wheeler Council Member Leslie Daugs * City of Bremerton Mayor Steve Bonkowski Council Member Anne Blair Council Member Debbi Lester * City of Bainbridge Island Council Member Carolyn Powers Council Member Jeff Cartwright * City of Port Orchard Mayor Becky Erickson Council Member Ed Stern * City of Poulsbo Council Chair Leonard Forsman Rob Purser* Suquamish Tribe*** Council Chair Jeromy Sullivan Council Member Dawn Purser * Port Gamble S’Klallam Tribe*** Commissioner Axel Strakeljahn Commissioner Larry Stokes * Port of Bremerton Captain Tom Zwolfer Tom Danaher, PAO * Naval Base Kitsap ** Mary McClure Executive Management McClure Consulting LLC * Alternate * * Ex Officio Member *** Associate Member Executive Committee P.O. Box 1934 Kingston, WA 98346 360-377-4900 (voice) 360-297-7762 (fax) www.KitsapRegionalCouncil.org Kitsap Regional Coordinating Council CPP Appendix B: Kitsap County Population Distribution: 2010-2035 Approved by the KRCC Executive Board: September 24, 2013 Jurisdiction Census 2010 1 Population Growth 2 2035 Targets 3 City of Bremerton 37,729 14,288 52,017 Bremerton UGA 9,082 4,013 13,095 Total Bremerton 46,811 18,301 65,112 City of Bainbridge Island 23,025 5,635 28,660 City of Port Orchard 12,323 8,235 20,558 Port Orchard UGA 15,044 6,235 21,279 Total Port Orchard 27,367 14,470 41,837 City of Poulsbo 9,222 1,330 10,552 Poulsbo UGA 478 3,778 4,256 Total Poulsbo 9,700 5,108 14,808 Central Kitsap UGA 22,712 7,764 30,476 Silverdale UGA 17,556 5,779 23,335 Kingston UGA 2,074 2,932 5,006 UGA (Includes Cities) Total 145,434 63,800 209,234 Rural Non-UGA 105,699 16,638 122,337 Total County 251,133 80,438 331,571 1 2010 Census data reflects incorporated city and UGA boundaries as of August 31, 2012 2 Population growth reflects new residents through the 2035 planning horizon 3 Changes in city or UGA boundaries during the planning horizon may affect the population distributions. This table may be updated periodically to reflect such changes. These updates do not constitute policy changes to the CPP's and will not require adoption and ratification by member agencies. KRCC Summary of 2013 CPP Updates: Page 5 of 17 Kitsap County Population Projections: 2010-2035 Recommendation from the KRCC Planning Directors Forum May 28, 2013 Planning Within the Growth Management Act Jurisdictions planning under the WA State Growth Management Act are required to plan for population growth within the WA State Office of Financial Management (OFM) projected growth range (shown in Table 1 below for Kitsap County) as the basis for individual jurisdictions’ Comprehensive Planning and Updates. The Kitsap adopted growth targets are embodied in the Kitsap Countywide Planning Policies, last updated in 2011. At that time, the countywide 2025 population projection was not changed from the 2004/2007 projections, anticipating that federal Census data would become available in the short-term. The next required update for Kitsap jurisdictions’ Comprehensive Plans is in 2016 for a 2035 planning horizon. The GMA allows counties to select the growth target within the OFM range that best reflects local conditions and policy intentions. To date, Kitsap has chosen to plan for the OFM intermediate population growth projection, historically the most accurate throughout the State. In 2012, OFM has provided a 2035 population range for Kitsap (244,823 to 408,976). While its intermediate point (311,737) is WA State’s best estimate, OFM provides a wide range recognizing that jurisdictions' local circumstances may not be adequately addressed in the OFM Intermediate projection. Table 1: WA State OFM Projections for Kitsap Population Growth: Comparison of Current 2012 Projections to 2004 OFM Projections as of: 2004 2012 For Planning Horizon: 2025 2025 2035 Low 268,573 240,939 244,823 Intermediate 331,571 289,265 311,737 High 412,391 355,786 408,976 Kitsap Projected Growth: Adopted through CPP’s1 331,571 Proposed for 2013 CPP Update 331,571 1 As per CPP’s adopted November, 2004; no change during 2007, 2011 CPP revisions KRCC Summary of 2013 CPP Updates: Page 6 of 17 Proposed Kitsap Approach to Population Distribution The Kitsap Regional Coordinating Council’s (KRCC) Planning Directors Forum’s recommendation is to extend the adopted 2025 population projection out to 2035. The extension of 331,571 persons from 2025 to 2035 is a 22.3% reduction in the projected annual growth rate for Kitsap (from 1.44% to 1.12%), reflecting the severe worldwide economic downturn and its impacts on growth in Kitsap and Washington State. Historically, Kitsap has increased the population target between 30,000 and 40,000 people with each 10- year forecast extension. Staying with the 2025 projection for 2035 reflects a net decrease in planned population. The 331,571 closely achieves the Puget Sound Regional Council’s Vision 2040 growth strategy for the region. In the Regional Growth Strategy (RGS), Kitsap’s 2040 share of the overall regional population is 9%. Extending the 331,571 population target to 2035 is consistent with this percentage (further analysis below). Recognizing that the broad OFM range is intended to address the potential uncertainty of OFM’s projections due to unforeseen local circumstances, jurisdictions must evaluate data beyond the OFM-provided Intermediate projection to properly analyze the impacts of local circumstances on population projections, which are the foundation for local comprehensive plan development. In assessing local circumstances, the substantial impact of military employment and population on Kitsap must be considered. This is often difficult to quantify due to the confidential policies of the US Navy. Neither OFM nor PSRC can accurately capture these impacts in a specific population projection. They do not fully capture the fluid nature of military employment and associated population. With the new explosives handling wharf at Bangor and the increased importance of Puget Sound Naval Shipyard as military operations shift to the Pacific, there is substantial reason to expect a potential increase in military population over the next 22 years. Additionally, the effects of military retirees returning to the Puget Sound, Kitsap in particular, are not captured in the OFM projections, and would have an increasing effect. All of these rationales have been supported by senior US Navy personnel. Consistency with the Puget Sound Regional Council’s Regional Growth Strategy Kitsap County and the Kitsap Regional Coordinating Council (KRCC) have completed a local analysis of growth for the 2010-2035 planning horizon. Based upon several assumptions regarding local circumstances, KRCC staff and its member jurisdictions have proposed extending the 2025 countywide population target (331,517) to 2035. It would require local jurisdictions to plan for 80,438 additional residents over this time period. Kitsap County has analyzed the Puget Sound Regional Council’s (PSRC) Regional Growth Strategy (RGS) for consistency with the proposed Countywide population projection of 331,571 by 2035. The results show the proposed population projection of 331,571 for 2035 and the growth change of 80,438 (2010-2035) are consistent with the RGS. Kitsap County population growth control total calculation is illustrated below: 1. Began with the Washington Office of Financial Management’s (OFM) Growth Management Act County Series (2012 series, intermediate). These numbers are provided for each region to allocate growth KRCC Summary of 2013 CPP Updates: Page 7 of 17 targets to Cities and set their unincorporated Urban Growth Area boundaries. Additionally, these are the numbers used by PSRC for the regional control total. 2. Next, the 2010 US Census data was used as the base year population of the planning horizon and the OFM Intermediate target for the 2035 end year. When applied to the four central Puget Sound counties, the calculations for regional total and population change are shown in Table 2 below. Table 2: Comparison of Puget Sound Counties’ Calculated Population Change % of Regional Growth Strategy U.S. Census OFM Intermediate Projection Population Growth 2010 2035 '10-'35 King 42% 1,931,249 2,350,576 419,327 Kitsap 9% 251,133 311,737 60,604 Pierce 23% 795,225 1,006,614 211,389 Snohomish 26% 713,335 955,281 241,946 Region 100% 3,692,952 4,626,243 933,291 3. Next, Kitsap’s share of the regional growth (9%) referenced in the Vision 2040 Regional Growth Strategy table below was applied. Nine percent of the total regional growth through 2035 (933,291, shown in Table 2 above) is +83,996. KRCC Summary of 2013 CPP Updates: Page 8 of 17 4. When this growth target (+83,996) is added to Kitsap’s 2010 actual Census population of 251,133, the result is 335,129, which exceeds this recommendation for Kitsap’s 2035 population projection of 331,571 by just 1%. The conclusion drawn from this analysis is that Kitsap County is consistent with the PSRC Regional Growth Strategy in setting a total population target of 331,571 for the 2010-2035 planning horizon. KRCC Summary of 2013 CPP Updates: Page 9 of 17 Appendix B: Population Distribution 2005 - 2025 Population Distribution 2005 through 2025 2000 Population Through 2025 + New Population = Total in 2025 Annual Growth Rate Bremerton City 2 37,259 14,759 52,017 1.34% East UGA 1 5,412 2,210 7,622 1.38% West UGA 1 3,229 2,017 5,246 1.96% Bremerton Port UGA 2 68 -68 0 -100.00% Central Kitsap UGA 1 21,743 8,733 30,476 1.36% Gorst UGA 1 154 73 227 1.56% Silverdale UGA 1 15,276 8,059 23,335 1.71% Bainbridge Island City 2 20,308 8,352 28,660 1.39% Kingston UGA 3 1,871 3,135 5,006 4.02% Poulsbo City 2 6,813 3,739 10,552 1.77% UGA 2 901 3,355 4,256 6.41% Port Orchard City 2 7,693 3,600 11,293 1.55% UGA 2 11,570 3,375 14,945 1.03% Port Orchard UGA Expansion Study Area 3 0 6,334 6,334 South Kitsap UGA: 2 1,241 8,024 9,265 8.37% UGA Population 133,537 58% 75,697 76% 209,234 63% 1.81% Non-UGA Population 98,432 42% 23,905 24% 122,337 37% 0.87% Total County Population 231,969 99,602 331,571 1.44% OFM Projection through 2025 Low 268,573 0.59% Intermediate 331,571 1.44% High 412,391 2.33% Kitsap County Historical Growth 1 Based on PSRC Model 2 Based on City and/or County Comprehensive or Sub-area planning 3 Target to be substantiated by further analysis and/or Sub-area planning 4 Office of Financial Management official estimate US Census Annual Growth Rate 1960 84,176 1970 101,732 1.91% 1980 147,152 3.76% 1990 189,731 2.57% 2000 231,969 2.03% 20044 239,500 0.80% Note: Population Banking as described in Kitsap County’s Updated Comprehensive Plan LU-13 applies to the potential need in specific UGA’s (e.g. Central Kitsap) to work with adjacent Cities to resolve unmet population growth targets through an UGAMA or to re-allocate population to other UGA’s over time, through the Kitsap Regional Coordinating Council Population distribution will be reviewed through the Kitsap Regional Coordinating Council process every five years. The review will include an analysis of the Cities’ and County’s progress in achieving target distributions. If the 76% UGA target mentioned above for new population growth and the overall population targets are met or exceeded, the target for new population will revert to five sixths (83%), as per the revised County-wide Planning Policies adopted by Kitsap County Ordinance #258-01 on August 20, 2001. Otherwise, the target may be reaffirmed or explicitly modified. AS ADOPTED IN 2004/2007/2011 FYI ONLY: TO BE SUPERCEDED BY PROPOSED UPDATE ON PAGE 5 OF THIS PACKET KRCC Summary of 2013 CPP Updates: Page 10 of 17 Chair Commissioner Josh Brown Kitsap County Vice-Chair Mayor Tim Matthes City of Port Orchard Commissioner Charlotte Garrido Commissioner Robert Gelder Kitsap County Mayor Patty Lent Council Member Faye Flemister Council Member Greg Wheeler Council Member Leslie Daugs * City of Bremerton Mayor Steve Bonkowski Council Member Anne Blair Council Member Debbi Lester * City of Bainbridge Island Council Member Carolyn Powers Council Member Jeff Cartwright * City of Port Orchard Mayor Becky Erickson Council Member Ed Stern * City of Poulsbo Council Chair Leonard Forsman Rob Purser* Suquamish Tribe*** Council Chair Jeromy Sullivan Council Member Dawn Purser * Port Gamble S’Klallam Tribe*** Commissioner Axel Strakeljahn Commissioner Larry Stokes * Port of Bremerton Captain Tom Zwolfer Tom Danaher, PAO * Naval Base Kitsap ** Mary McClure Executive Management McClure Consulting LLC * Alternate * * Ex Officio Member *** Associate Member Executive Committee P.O. Box 1934 Kingston, WA 98346 360-377-4900 (voice) 360-297-7762 (fax) www.KitsapRegionalCouncil.org Kitsap Regional Coordinating Council Kitsap Countywide Planning Policy Element G: Siting Public Capital Facilities Approved by the KRCC Executive Board: September 24, 2013 The Growth Management Act requires local governments to inventory existing capital facilities owned by public entities, to identify locations and to determine capacities to meet future demand for growth without decreasing levels of service. The Washington State Office of Financial Management is responsible for identifying and maintaining a list of essential state public facilities that are required or likely to be built within the next six years as required by the Growth Management Act. Counties and Cities are also required to coordinate the siting of countywide and statewide capital facilities to mitigate potential adverse impacts from the location and development of these facilities. Policies for Siting Public Capital Facilities (CF): 1. Identification of needed capital facilities: a. The County and the Cities shall each inventory their existing capital facilities and identify needed facility expansion and construction and provide that data to the Kitsap Regional Coordinating Council. b. The Kitsap Regional Coordinating Council shall develop and maintain a list of public capital facilities needed to serve Kitsap County as a whole, based upon the County and Cities' Comprehensive Plans, the Countywide Coordinated Water System Plan, and other appropriate system plans. These include, but are not limited to, solid and hazardous waste handling facilities and disposal sites, water and wastewater treatment facilities, regional water supply inter-tie facilities, education institutions, airports, local correctional facilities, in-patient facilities including hospitals and regional park and recreation facilities, and government buildings that serve Kitsap County as a whole, including those essential public facilities as defined in RCW 36.70A.200. 2. Location of capital and public facilities: a. If the primary population served by the facility is urban, the facility should be located in a City or Urban Growth Area where feasible. 3. Establishing a process and review criteria for the siting of facilities that are of a countywide or statewide nature: a. When essential public facility as defined in RCW 36.70A.200 is proposed in Kitsap County, and its location has not been evaluated through a regional siting process pursuant to WAC 365-196-550 (3) (d), the Kitsap Regional Coordinating Council shall appoint a Facility Analysis and Site Evaluation Advisory Committee composed of citizen members selected by the member jurisdictions to KRCC Summary of 2013 CPP Updates: Page 11 of 17 represent a broad range of interest groups to evaluate proposed public facility siting. At a minimum this evaluation shall consider: i. The impacts created by existing facilities; ii. The potential for reshaping the economy, the environment and community character; iii. The development of specific siting criteria for the proposed project, giving priority consideration to siting within Designated Centers; iv. The identification, analysis and ranking of potential project sites; v. Measures to first minimize and second mitigate potential physical impacts including, but not limited to, those relating to land use, transportation, utilities, noise, odor and public safety; vi. Measures to first minimize and second mitigate potential fiscal impacts. b. Certain public capital facilities such as schools and libraries that generate substantial travel demand should be located first in Designated Centers or, if not feasible to do so, along or near major transportation corridors and public transportation routes. c. Some public capital facilities, such as those for waste handling, may be more appropriately located outside of Urban Growth Areas due to exceptional bulk or potentially dangerous or objectionable characteristics. Public facilities located beyond Urban Growth Areas should be self-contained or be served by urban governmental services in a manner that will not promote sprawl. Utility and service considerations must be incorporated into site planning and development. d. Uses shall adhere to local health district or state agency rules regarding commercial and industrial use of on-site sewage systems. e. The multiple use of corridors for major utilities, trails and transportation rights-of-way is encouraged. f. County and City comprehensive plans and development regulations shall not preclude the siting of essential public facilities. g. Public facilities shall not be located in designated resource lands, critical areas, or other areas where the siting of such facilities would be incompatible. 4. Air transportation facilities in Kitsap County: a. The Counties and the Cities shall recognize the importance of airports as essential public facilities and the preservation of access to the air transportation system. b. The County and the Cities shall ensure the safety of the community and airport users through compatible land use planning adjacent to airports and coordination of the airport with ground access. Examples would include not encouraging or supporting higher residential densities, schools, or hospitals near airports or airport approach corridors. c. The County and the Cities shall plan for heliports throughout Kitsap County for emergency use. KRCC Summary of 2013 CPP Updates: Page 12 of 17 Kitsap Regional Coordinating Council RESOLUTION NO. 2012-01: February 2012 A RESOLUTION of the Kitsap Regional Coordinating Council acknowledging that essential public facilities evaluated through a state or regional siting process do not have to comply with the local siting process set forth in the Countywide Planning Policies – Element G. WHEREAS, RCW 36.70A.200 requires cities and counties that are planning under the Growth Management Act to include a process for identifying and siting essential public facilities (EPF), and no local comprehensive plan or development regulation may preclude the siting of EPF; and WHEREAS, Kitsap County and three (3) of its Cities have adopted Countywide Planning Policies (CPP’s), and this document contains Element G that outlines an evaluation framework to coordinate the local siting of an EPF to mitigate potential adverse impacts from the location and development of an EPF; and WHEREAS, in 2010 the Washington Administrative Code (WAC) was revised relating to EPFs; and WHEREAS, WAC 365-196-550(3)(d) provides that if an EPF and its location have been evaluated through a state or regional siting process, the county or city may not require the facility to go through the local siting process; and WHEREAS, Element G of the CPPs appears to subject all essential public facilities to the local siting process, even where those facilities have already gone through a state or regional siting process, which is contrary to WAC 365-196-550(3)(d); NOW THEREFORE THE KITSAP REGIONAL COORDINATING COUNCIL OF KITSAP COUNTY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1: The findings set forth in the above recitals are hereby adopted by reference. Section 2: Local cities and counties may not use their comprehensive plan or development regulations to preclude the siting of EPFs, and further, WAC 365-196-550(3)(d) does not allow local jurisdictions to require a facility to go through a local siting process if the state or regional authority has conducted its own siting process, therefore, any EPF that is proposed in Kitsap County that has been evaluated through its own siting process conducted by the state or a regional authority is not required to comply with the CPP’s EPF siting criteria in Element G. Section 3: Effective Date. This Resolution shall take effect and be in force immediately upon its passage. Passed this 7th day of February, 2012. _____________________________ _____________________________ Patty Lent, Chair Attest: Kitsap Regional Coordinating Council Mary McClure, Executive Director Mayor, City of Bremerton Kitsap Regional Coordinating Council Chair Mayor Patty Lent City of Bremerton Vice-Chair Commissioner Josh Brown Kitsap County Commissioner Charlotte Garrido Commissioner Robert Gelder Kitsap County Council Member Faye Flemister Council Member Greg Wheeler Council Member Adam Brockus * City of Bremerton Council Member Anne Blair Council Member Kirsten Hytopoulos Council Member Debbi Lester * City of Bainbridge Island Mayor Tim Matthes Council Member Carolyn Powers Council Member Jim Colebank * City of Port Orchard Mayor Becky Erickson Council Member Linda Berry-Maraist * City of Poulsbo Council Chair Leonard Forsman Rob Purser* Suquamish Tribe*** Council Chair Jeromy Sullivan Council Member Kelly Baze * Port Gamble S’Klallam Tribe*** Commissioner Roger Zabinski Commissioner Axel Strakeljahn * Port of Bremerton Captain Pete Dawson Tom Danaher, PAO * Naval Base Kitsap ** Mary McClure Executive Management McClure Consulting LLC * Alternate * * Ex Officio Member *** Associate Member P.O. Box 1934 Kingston, WA 98346 360-377-4900 (voice) 360-297-7762 (fax) www.KitsapRegionalCouncil.org KRCC Summary of 2013 CPP Updates: Page 13 of 17 Chair Commissioner Josh Brown Kitsap County Vice-Chair Mayor Tim Matthes City of Port Orchard Commissioner Charlotte Garrido Commissioner Robert Gelder Kitsap County Mayor Patty Lent Council Member Faye Flemister Council Member Greg Wheeler Council Member Leslie Daugs * City of Bremerton Mayor Steve Bonkowski Council Member Anne Blair Council Member Debbi Lester * City of Bainbridge Island Council Member Carolyn Powers Council Member Jim Colebank * City of Port Orchard Mayor Becky Erickson Council Member Ed Stern * City of Poulsbo Council Chair Leonard Forsman Rob Purser* Suquamish Tribe*** Council Chair Jeromy Sullivan Council Member Dawn Purser * Port Gamble S’Klallam Tribe*** Commissioner Axel Strakeljahn Commissioner Larry Stokes * Port of Bremerton Captain Pete Dawson Tom Danaher, PAO * Naval Base Kitsap ** Mary McClure Executive Management McClure Consulting LLC * Alternate * * Ex Officio Member *** Associate Member Executive Committee P.O. Box 1934 Kingston, WA 98346 360-377-4900 (voice) 360-297-7762 (fax) www.KitsapRegionalCouncil.org Kitsap Regional Coordinating Council Charlie Howard, Director of Integrated Planning Puget Sound Regional Council 1011 Western Avenue Seattle, WA 98104 July 31, 2103 Re: Population Targets for Kitsap: 2010 - 2035 Dear Charlie, We appreciate your early review comments on Kitsap’s proposed population targets. As we have reviewed them carefully, we see three categories of comments: • The need for employment and housing targets: Timing does not allow for incorporation of housing units and employment targets into the already in-progress 2013 CPP update. The KRCC Planning Directors propose addressing housing and employment targets in a “two step,” phased approach. Starting in mid-2013, the Planning Directors will develop a housing and employment targets policy document, to be approved by the KRCC Executive Board, with commitment to use the targets in Comp Plan Updates. Then, this document would be incorporated into the CPP during its next update (i.e. within 5 years). The KRCC, through its Planning Directors Forum, is currently reviewing information about the other member Counties’ approach to this task, as well as the work completed last year based on Kitsap County and Cities Comprehensive Plans. The outcomes of the Buildable Lands Report will also be a significant input to this work. Based on the timeline of that project, and the need for data to support 2016 Comp Plan updates, the end of 2014 is a reasonable timeframe for adoption of KRCC policy regarding housing units/employment targets. PSRC staff participated in developing this general time frame. General support for the proposed population targets and distribution: Thank you. Suggested issues for further consideration and comment: • Bending the Trend: o Reasonable Measures: Kitsap County and Cities have demonstrated strong commitment to implementing Reasonable Measures in all urban areas. In 2005, through the KRCC, we developed the Reasonable Measures Desktop Manual (www.kitsapregionalcouncil.org under special projects) and updated it in 2008. It reflects our jurisdictions’ work on urban in-fill measures. Some of our Planning Directors have suggested we update it further during 2014. We anticipate that any future discussion about population, Comprehensive Plan Updates, Buildable Lands/Land Capacity, and/or expanding UGA boundaries will include consideration of implementing reasonable measures. o Kitsap County has not approved any platting activity that would compete with moving population into urban areas. In fact, only 2 new residential short plats have been approved in Kitsap’s rural areas since 2011, except those vested while KRCC Summary of 2013 CPP Updates: Page 14 of 17 land was previously within the UGA boundaries. Numerous large lot plats have been created since the adoption of the 2006 Comprehensive plan, but these segregations are consistent with GMA and the County’s rural zoning. This reflects our Board of County Commissioners’ commitment to thriving urban communities and appropriate uses in rural areas. Of particular note in this regard is the work of our South District Commissioner on agricultural policy support to small farming operations throughout Kitsap. o Legacy lots are a challenge for every county. We would welcome discussion about other jurisdictions’ actions to limit their sub-urban development. • Front-loaded/Back-loaded Growth Assumptions: o Overall, we understand that the next set of targets will need to be aggressive in order to meet the current Regional Growth Strategy. That said, we believe that the next Vision 2040 Update and RGS should address and account for the “market correction” slow-growth-period from the 2008 recession to now. Considering the distribution of projected growth throughout Kitsap County and its communities: o Growth in Poulsbo and Port Orchard is front-loaded (although annexing areas that are already developing does not lead to net increase of county population). o Bremerton: The City of Bremerton has excess residential capacity for its current needs. This chosen strategy supports 15 years of urban re-vitalization/renewal, including extensive re-development in the downtown core (Norm Dicks Government Center, Bremerton Harborside Condominiums and Marina, home ownership support programs, for example). Public investments have led to private investment: new residential, entertainment venues, extensive commercial re-development. As the economy revives, we are confident that the City will fully realize its urban future. Other contributing factors: continued Dept. of Defense focus on the Naval Base Kitsap complex; South Kitsap Industrial Area build-out; local effects of regional economic development strategies. o Silverdale: There is currently no plan to expand Silverdale’s Urban Growth Boundary. Kitsap County staff, working with citizens and elected officials, will be looking at how to densify the community, for a number of reasons, through the 2016 Comp Plan Update. o Rural Area: Recognizing that the 1992 GMA found Kitsap County distinctly less urbanized (with more growth capacity) than Counties east of Puget Sound, it is no surprise that Kitsap’s existing development pattern is different than King, Snohomish, and Pierce ~ Kitsap’s urban communities have had to mature into their GMA role, in a manner that retains and actually enhances their unique community characters. Thus, there is a lag time between Kitsap’s growth and that of the other Counties. The process is well-underway, despite five years of the slow-growth economy. As part of the Buildable Lands Report, Kitsap County will highlight the rural lot supply in comparison to urban, to evaluate the relative rate of development. Further, the Kitsap Countywide Planning Policies include a policy commitment to re-calibrate targeted growth to the rural area in response to demonstrated success in urban growth and densification. Sincerely, Mary McClure Kitsap Regional Coordinating Council KRCC Summary of 2013 CPP Updates: Page 15 of 17 1011 Western Avenue, Suite 500 Seattle, WA 98104-1035 (206) 464-7090 FAX (206) 587-4825 psrc.org August 6, 2013 Mary McClure Kitsap Regional Coordinating Council P.O. Box 1934 Kingston, WA 98346 Dear Mary: Thank you for your July 31, 2013 letter that responded to our comments on Kitsap’s Initial Proposed Population Targets. This letter represents our formal comments on the proposed revisions to Appendix B: Countywide Population Distribution to 2035. Population Targets On May 24, 2013, PSRC transmitted a letter with our Preliminary Comments on the Initial Proposed Kitsap County 2010-2035 Growth Targets. The letter noted that the baseline expectation is a demonstration of substantive good faith effort to begin bending local growth trends towards the numeric goals established in the Regional Growth Strategy. To that end, we indicated the “effect of holding the horizon year totals consistent with the previous round of targets is that the proposed targets for four of the regional geographies (Metro, Core, Smaller, and Rural) represent a notable shift toward bending historical trends to align with the Regional Growth Strategy.” The KRCC June 28 Executive Board Action packet, Appendix B, includes identical population growth targets as previously commented on by PSRC. Given this, PSRC has no additional comments on the population growth targets other than to congratulate you for having successfully moved forward in your process. Employment and Housing Unit Targets In its May 24, 2013 letter, PSRC described the VISION 2040 expectation for the adoption of local employment and housing unit targets. Since that time, PSRC has worked with KRCC to address questions and comments. On July 31, 2013, KRCC transmitted a letter to PSRC discussing the process to be used to develop and use these targets. Dialogue between PSRC and KRCC clarified a number of issues. I want to express PSRC’s support for the proposed “two-step approach” for developing and adopting these targets and acknowledge some of the positive elements expressed in the recent letter. Specifically, PSRC highlights the following: • The term “policy document” accurately reflects the status of the targets and moves away from the “white paper” concept that was of concern in the April/May timeframe. The employment and housing unit targets will have similar status and therefore can be used in a manner comparable to the population targets. KRCC Summary of 2013 CPP Updates: Page 16 of 17 Mary McClure August 6, 2013 Page 2 • The language indicating “a commitment to use the targets in Comp Plan Updates” addresses questions PSRC had regarding an initial draft letter circulated for comment dated July 22, 2013. PSRC also understands that the employment and housing unit targets policy document will be formally adopted by a resolution of the KRCC Executive Board. • The commitment to finish the work on the employment and housing unit targets by the end of 2014, thereby allowing an adequate timeframe for jurisdictions to use them, is very positive. • The “within 5 years” commitment to update the countywide planning policies makes the process for employment and housing unit targets comparable to population targets, albeit with a longer timeframe until full adoption. Reasonable Measures & Growth Assumptions The July 31, 2013 KRCC letter also addresses reasonable measures to “bend the trend.” We commend KRCC and planning staff for compiling reasonable measures information into a Desktop Manual. The letter notes a suggestion from some Kitsap Planning Directors to update the manual during 2014 to support the comprehensive plan updates, buildable lands, and other planning activities. PSRC expresses its support for this update. Reasonable measures play a critical role under the state Growth Management Act in ensuring that urban land is efficiently used. As noted in the KRCC letter, the economic recession has altered the planning landscape in a variety of way; updating the 2008 version of the manual can improve local understanding of which tools and measures have been, and can be, successful in Kitsap jurisdictions. PSRC also wants to acknowledge other work done to “Bend the Trend” in terms of platting activity and thinking through front-loaded and back-loaded growth assumptions. Some of the efforts noted in the KRCC letter – looking at how to densify Silverdale, highlighting the rural lot supply in comparison to urban in order to evaluate the relative rate of development, and implementing the policy commitment to re-calibrate targeted growth to the rural area in response to demonstrated success in urban growth and densification – are all positive actions and we commend you for addressing them. The conversations we had to date on the population targets, and the process to develop the employment and housing unit targets, continue to strengthen the important communication channels needed to move forward together. PSRC looks forward to working with KRCC and the Kitsap planning directors on the next stages of this important process. Sincerely, Charlie Howard Director of Integrated Planning cc: Mark Gulbranson, PSRC Ivan Miller, PSRC KRCC Summary of 2013 CPP Updates: Page 17 of 17 1 Countywide Planning Policies Ratification 2013 RESOLUTION NO. ________ A RESOLUTION of the City Council of the City of Bremerton, Washington, ratifying amendments to the Kitsap Countywide Planning Policies. WHEREAS, the Countywide Planning Policies (CPPs) are written policy statements used solely for establishing a countywide framework from which County and City comprehensive plans are developed and adopted to ensure that their comprehensive plans are consistent; and WHEREAS, the Kitsap Regional Coordinating Council (KRCC) originally adopted CPPs in 1992 to coordinate countywide planning among local jurisdictions; and WHEREAS, it is necessary and appropriate to update and revise CPPs periodically to assist the coordination of local planning to keep current with changing conditions and expectations; and WHEREAS, the KRCC concluded the 2013 CPP update process with a set of recommended amendments to the Kitsap County Board of Commissioners on September 24, 2013; and WHEREAS, the 2013 CPP amendments can be generally summarized as follows; they clarify the process for siting of essential public facilities to be consistent with the Washington Administrative Code (WAC) and establish the countywide population distribution through the year 2035; and WHEREAS, the Kitsap County Board of County Commissioners is expected to adopt the revised CPPs as recommended by the KRCC with the passage of an ordinance on November 25, 2013; and WHEREAS, under the amendment procedures incorporated in the CPPs, revisions to the CPPs adopted by the Board of County Commissioners do not take effect until ratified by cities and Tribes within Kitsap County; and WHEREAS, the City of Bremerton considers the CPPs as recommended by the KRCC Board on September 24, 2013, to be of benefit to the planning, development and growth interests of the City and County; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City of Bremerton approves and ratifies the updated Kitsap Countywide Planning Policies, attached hereto as Exhibit A, as recommended by the KRCC, conditioned upon and subject to adoption by the Kitsap County Board of Commissioners. 2 Countywide Planning Policies Ratification 2013 SECTION 2. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 3. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this _____ day of __________________, 2013. _________________________________ GREG WHEELER, Council President APPROVED AS TO FORM: ATTEST: __________________________________ ________________________________ ROGER A. LUBOVICH, City Attorney SHANNON CORIN, City Clerk R:\Legal\Legal\Resolutions\Community Development\Countywide Planning Policies Ratification 2013.doc Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 1 Adopted Kitsap Countywide Planning Policies November 14, 2011 Date of Adoption Attached are the Kitsap Countywide Planning Policies as adopted by the Kitsap County Board of Commissioners by ordinance on November 14, 2011 Date of Adoption (Ordinance 476-2011 as adopted).The Countywide Planning Policies as revised are currently in effect in Kitsap County. The Kitsap Countywide Planning Policies are the framework for growth management in Kitsap County. Under the Growth Management Act, the Puget Sound Region is defined as King, Kitsap, Snohomish and Pierce Counties. The Puget Sound Regional Council is responsible for developing the four-county regional transportation and land use vision. The Kitsap Countywide Planning Policies tailor the Puget Sound Regional Council’s regional growth management guidelines to Kitsap County and are the policy framework for the County’s and the Cities’ Comprehensive Plans. The Kitsap Countywide Planning Policies address 14 separate elements, ranging from urban growth areas to affordable housing. The Countywide Planning Policies are required by the Growth Management Act and may be appealed (only) by Cities and the Governor of Washington. The original Kitsap Countywide Planning Policies (adopted by Kitsap County in 1992) and subsequent revisions (August 2001, December 2003, November 2004, November 2007, November 2011, and November 2013) were developed through a multi-jurisdictional collaboration sponsored by the Kitsap Regional Coordinating Council among: Kitsap County, the Cities of Bremerton, Bainbridge Island, Port Orchard & Poulsbo, the Suquamish & Port Gamble S’Klallam Tribes, the Navy, the Port of Bremerton, and Kitsap Transit. Kitsap County is lead agency for its environmental review. .Proposed changes, approved by the KRCC Executive Board for Kitsap County adoption & City & Tribal ratification, appear in red underlined italics. Proposed policy changes: pages 22 & 45/46. CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 2 CONTENTS Page INTRODUCTION………………………………………………………………………………… 3 POLICY ELEMENTS A. Countywide Growth Pattern (CW)……………………………………………………. 5 B. Urban Growth Areas (UGA)…………………………………………………………... 7 C. Centers of Growth (C)..………………………………………………………………. 13 D. Rural Land Uses and Development Patterns (R)..……………………………………. 15 E. Countywide Strategies for Open Space Preservation, Resource Protection, Critical Areas, Air Quality, and Water Quality/Quantity (PPCAAW)………………. 17 F. Contiguous, Compatible, and Orderly Development (CCOD)………….…………… 20 G. Siting Public Capital Facilities (CF)………………………………………………..... 22 H. Transportation (T)……………………………………………………………………. 24 I. Housing (H)………………………………………………………………………….. 30 J. Countywide Economic Development (ED) ……………………………………..…... 33 K. An Analysis of the Fiscal Impact (FI)……………………………………………….. 35 L. Coordination with Tribal Governments (CT)………………………………………... 36 M. Coordination with Federal Government including Navy (CF)……………………… 37 N. Roles & Responsibilities (RR)………………...…………………………………….. 39 APPENDIX A. Ratification Process a B. Population Distribution b C. Urban Growth Area Management Agreements c D. Revenue Sharing Interlocal Agreement (adopted December, 2001) d E. Current Organizational Interlocal Agreement e F. Regional and Kitsap-Designated Centers List f G. Centers & Limited Areas of More Intensive Rural Development (LAMIRD) Matrix g CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 3 INTRODUCTION The Growth Management Act (GMA) is founded on the principle that it is in the best interest of the citizens of the State to foster coordination and cooperation among units of local and state government. Cities and counties must engage in a collaborative planning process under the requirements of the Act. Specifically, the Act states that, "THE LEGISLATURE FINDS THAT UNCOORDINATED AND UNPLANNED GROWTH ... POSE A THREAT TO THE ENVIRONMENT, SUSTAINABLE ECONOMIC DEVELOPMENT, AND THE HEALTH, SAFETY, AND HIGH QUALITY OF LIFE ENJOYED BY RESIDENTS OF THE STATE. IT IS IN THE PUBLIC INTEREST THAT CITIZENS, COMMUNITIES, LOCAL GOVERNMENTS, AND THE PRIVATE SECTOR COOPERATE AND COORDINATE WITH ONE ANOTHER IN COMPREHENSIVE LAND USE PLANNING." To guide the development of Comprehensive Plans and development regulations, the GMA sets forth planning goals (RCW 36.70A.020) in 13 areas: 1. Urban Growth 8. Natural Resource Industries 2. Reduce Sprawl 9. Open Space and Recreation 3. Transportation 10. Environment 4. Housing 11. Citizen Participation and Coordination 5. Economic Development 12. Public Facilities and Services 6. Property Rights 13. Historic Preservation. 7. Permits The Growth Management Act (RCW 36.70A.210) states that “A COUNTYWIDE PLANNING POLICY IS A WRITTEN POLICY STATEMENT OR STATEMENTS USED SOLELY FOR ESTABLISHING A COUNTYWIDE FRAMEWORK FROM WHICH COUNTY AND CITY COMPREHENSIVE PLANS ARE DEVELOPED AND ADOPTED … (TO) ENSURE THAT CITY AND COUNTY COMPREHENSIVE PLANS ARE CONSISTENT…”as required in RCW 36.70A.100. “NOTHING IN THIS DOCUMENT SHALL BE CONSTRUED TO ALTER THE LAND USE POWERS OF CITIES.” The Act requires that the countywide policy be collaboratively developed among Cities and the County. Further, “FEDERAL AGENCIES AND INDIAN TRIBES MAY PARTICIPATE IN AND COOPERATE WITH THE COUNTYWIDE PLANNING POLICY ADOPTION PROCESS.” These policies may also be used for other purposes requiring collaboration and cooperation in addition to the development and adoption of comprehensive plans. Vision 2040 (adopted by the Puget Sound Regional Council during 2010) serves as the long-range growth management, environmental, economic development, and transportation strategy for King, Kitsap, Pierce, and Snohomish Counties. Vision 2040 includes the Regional Growth Strategy, Multi-County Planning Policies (RCW 36.70A.210) and Implementation Actions. The 1992 Kitsap Countywide Planning Policies and subsequent revisions in 2001, 2003, 2007, 2011 and 2013 were developed by a committee of planners representing Kitsap County, the City of Bremerton, the City of Port Orchard, the City of Poulsbo, the City of Bainbridge Island, the Port Gamble S'Klallam Tribe, the Suquamish Tribe, the Navy, and Kitsap Transit.1 At each point, the Kitsap Regional Coordinating Council conducted a public hearing and prepared a recommendation for adoption by the Kitsap County Board of Commissioners and ratification by Cities and Tribes. The process of review and discussion through the Kitsap Regional Coordinating Council forum is intended to foster consensus whenever possible. County and City Comprehensive Plans must be consistent with the adopted Countywide Planning Policies. 1 The Kitsap County Health District and Kitsap Economic Development Alliance (KEDA) also reviewed and commented upon the 2011 amendment proposals. CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 4 Policies for Update and Ratification (UR): 1. The Kitsap Countywide Planning Policies should be dynamic and regularly monitored for applicability and effectiveness. a. The adopted Countywide Planning Policies should be reviewed through the Kitsap Regional Coordinating Council process at least every five years. Proposed revisions shall be reviewed for impacts according to the State Environmental Protection Act (SEPA) and shall be consistent with the State Growth Management Act (GMA). b. The County or a City may propose a policy amendment to the Countywide Planning Policies. 2. Proposed amendments should be considered on a regular basis and voting is subject to the Kitsap Regional Coordinating Council by-laws. a. Kitsap County shall take action to consider and adopt amendments or revisions to the Countywide Planning Policies following recommendation from the Kitsap Regional Coordinating Council. b. The Kitsap Regional Coordinating Council will strive for ratification by all Cities and Tribes during the 90 days following the Board of County Commissioners’ adoption of its subject ordinance. The adopted CPP will become effective upon ratification by three or more cities in Kitsap County. c. A City or Tribal Council that does not ratify the revised Countywide Planning Policies within 90 days of the Board of County Commissioners’ adoption of its subject ordinance shall provide a written statement of its objections to the Kitsap Regional Coordinating Council, in order to facilitate further review. (See Appendix A for process flow chart). d. Once the ratified revisions to the Countywide Planning Policies take effect, a City or the Governor’s office may appeal the revisions to the Growth Management Hearings Board within a further 60 day period. CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 5 Element A. Countywide Growth Pattern The vision for the future of Kitsap County, “seeks to maintain and enhance the quality of life that makes our County a special place to live and work...... envision a future in which our natural systems are protected; the water quality in our lakes, streams and Puget Sound is enhanced; the village character of some of our smaller towns is preserved; the historical nature of our communities is respected in order to preserve our heritage for future generations; a diversified economic base that supports good jobs, contributes to healthy downtowns in our Cities and affordable housing choices; the rural appearance of our county is perpetuated. This vision of the future, shared by citizens and elected officials, includes the following elements: a. Livable urban communities and neighborhoods, centers for employment, civic activities, housing: Attractive, well designed, bike/pedestrian-friendly and livable urban communities, enhanced by preserved historic properties and neighborhoods, that are supported by efficient and high quality services and facilities, and provide a range of housing choices. Healthy cities that are the region’s centers for employment, affordable housing choices, and civic and cultural activities. b. Vital diversified economy: An economy that provides training, education, and living wage jobs for residents, supported by adequate buildable land for a range of employment uses and that encourages accomplishment of local economic development goals as articulated in the Kitsap Economic Development Alliance’s adopted plan, Kitsap 20/20: A Strategy for Sustainable Economic Prosperity. c. Efficient multi-modal transportation system: Creation of an efficient, clean, and sustainable multi- modal transportation system – including roads and highways, public transportation, ferries, airports, and opportunities for non-motorized travel – that provides efficient access and mobility for county residents, and supports our land use pattern. d. Natural systems protection: Protection and enhancement of the natural environment, including wetlands, streams, wildlife habitat, shorelines, water quality, air, climate, and natural resource lands. Creation of a system of open space, trails, parks, and greenbelts that provide opportunities for recreation and that give structure and separation to urban areas. e. Rural character: Maintenance of the traditional character, appearance, economic and ecological functions, and lifestyles of Kitsap County’s rural communities and areas to include the production and distribution of locally grown food. f. Responsive Government: An efficient and responsive government that works in partnership with citizens, governmental entities and Tribes to meet collective needs fairly; and that supports education, environmental protection and human services. A key strategy to accomplish this vision is the intention to encourage future urban growth in areas within incorporated cities and in unincorporated areas that are already characterized by urban growth with existing and planned services and facilities. These actions will work to strengthen our natural environment and rural character, and are geared to reduce taxpayer costs by focusing the expenditure of public funds, encouraging concentrated development where appropriate, and increasing our choices for housing and jobs.” CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 6 Balancing historical patterns of growth with a preferred vision of the future and legal requirements is an on-going challenge. Tradeoffs must be made to balance the costs with the gains; flexibility is necessary to adapt to changing conditions. These policies are intended to reflect the long-term goals of the people living, working and doing business here. Policies for Countywide Growth Pattern (CW): 1. Roles of Cities and Urban Growth Areas/Urban Communities a. The primary role of Kitsap’s urban communities is to encourage growth, through new development, re-development and in-fill. (See Appendix B for current and projected population distribution.) Population growth should be directed to Cities, urban growth areas and centers with a transportation system that connects people with jobs and housing. b. Each of Kitsap’s urban communities should foster its unique vision as a high quality place to live and work, through urban design, historic preservation, and arts that improve the natural and human-made environments; promote healthy lifestyles; contribute to a prosperous economy; and, increase the region’s resiliency in adapting to changes or adverse events. c. In Kitsap, urban communities are closely linked to water and natural amenities and provide open space links to the natural environment. 2. Roles of Kitsap County: a. Keep regional vision in mind when making local decisions. b. Promote stewardship of unincorporated urban areas and promote annexation into cities or incorporation. c. Maintain/enhance natural systems and rural character. d. Include a variety of low density rural communities, densities, and uses. 3. To achieve these goals, the Kitsap Regional Coordinating Council member jurisdictions should: a. Make decisions together when needed. b. Coordinate and cooperate on land use policy, capital planning, environmental issues, and cultural resource management/planning. c. Establish and keep updated a Buildable Land Analysis Program. d. Develop a program for the Transfer of Development Rights to preserve lands with important public benefits. e. Maintain/preserve distinct urban identities with green breaks or other natural features. f. Promote tiering and/or phasing of infrastructure development within Urban Growth Areas. g. Develop and implement land use policies, regulations and incentives to promote the efficient use of urban areas. h. Incorporate provisions addressing community health into appropriate regional, countywide, and local planning and decision-making processes. CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 7 Element B. Urban Growth Areas The basic premise for designating Urban Growth Areas is to encourage the location of urban density residential, commercial and industrial developments in areas where services can be most economically provided. The benefits of directing growth to designated urban areas include: o Higher density residential development within walking or bicycling distance of jobs, transit, schools and parks. o Limiting urban expansion into rural and forested areas. o Promotion of in-fill or redevelopment of existing urban areas. o Preservation of open space, critical areas and lands designated for resource protection. o Accommodation of employment growth in a concentrated pattern. o More economical provision and maintenance of streets, sewer/water lines and other public facilities. o Promotion of attractive residential neighborhoods and commercial districts which provide a sense of community. o A harmonious relationship with regional planning as articulated by Vision 2040 and Transportation 2040, adopted by the Puget Sound Regional Council as the growth and transportation strategy for central Puget Sound. Policies for Urban Growth Areas (UGA): 1. Land Utilization & Monitoring Programs: Consistent with RCW 36.70A.115, the County and Cities shall ensure that, taken collectively, adoption of and amendments to their comprehensive plans and/or development regulations provide sufficient capacity of land suitable for development within their jurisdictions to accommodate their housing and employment growth (derived from population distribution), as adopted in the applicable Countywide Planning Policies and consistent with the 20-year population forecast from the WA Office of Financial Management and Vision 2040 guidance. (Implements Multi-County Planning Policy DP-Action-15). a. The County and the Cities shall maintain a Land Capacity Analysis Program using consistent, agreed-upon methodology to estimate the land supply available to accommodate future residential, commercial, and industrial growth. b. The County and the Cities shall participate in an agreed-upon Buildable Lands Analysis Program to monitor and evaluate the effectiveness of their respective Comprehensive Plans. c. The County and Cities shall establish procedures for resolving disputes in collection and analysis of Land Capacity data. In the event a resolution cannot be achieved, the Kitsap Regional Coordinating Council shall be a forum to review Background: The Growth Management Act was amended in 1997 requiring Kitsap County and Cities to monitor countywide development activities in five-year intervals in order to test their Comprehensive Plans’ growth and land absorption assumptions. Two different analyses are used: (1) The Land Capacity Analysis, first conducted by Kitsap County in 2002, estimates the existing land supply based on a set of defined assumptions, e.g. market factor, speed of land absorption, critical areas exclusions, etc. It uses a consistent, agreed- upon methodology, with allowance for documented variations for individual jurisdiction’s conditions. (2) The Buildable Land Analysis (as required by the State GMA) uses recorded permit activity to track and monitor residential, commercial, and industrial growth. It will be updated throughout Kitsap County in 2007. It is an adaptive management tool for comparing development assumptions, targets, and objectives with actual development. If inconsistencies are found, the County and Cities must then implement reasonable measures, other than adjusting Urban Growth Areas, that will be taken in order to comply with the GMA. The following countywide planning policies relate to this regional program to monitor the buildable land supply for future growth as forecasted by the State and distributed through the Kitsap Regional Coordinating Council CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 8 and if possible facilitate any disputes between parties. 2. Each jurisdiction is responsible for implementing appropriate reasonable measures within its jurisdictional boundaries. If the Buildable Lands Analysis shows that a jurisdiction’s Comprehensive Plan growth goals are not being met, that jurisdiction shall consider implementing additional reasonable measures in order to use its designated urban land more efficiently. 3. Process and criteria for establishing, expanding, and adjusting Urban Growth Areas in Kitsap County: a. Urban Growth Areas are areas “within which urban growth shall be encouraged and outside of which growth can occur only if it is not urban in nature” (RCW 36.70A.110(1)) except under specific circumstances, as fully contained communities and master planned resorts as authorized by the Growth Management Act. b. Unincorporated Urban Growth Areas shall be associated with an existing or future city. c. All Urban Growth Areas shall be reflected in County and respective City comprehensive plans. d. Sufficient area must be included in the Urban Growth Areas to accommodate the adopted 20-year population distribution as adopted by the Kitsap Regional Coordinating Council and consistent with WA Office of Financial Management projections. e. A jurisdiction may define growth tiers within its Urban Growth Area (RCW 36.70A.110.3) to focus public and/or private investment where growth is desired. Utility development and/or expansion may be phased to support efficient and cost-effective growth and to prioritize investments. f. The County, City, or interested citizens may initiate an amendment to an existing Urban Growth Area through the comprehensive plan amendment process as authorized by the Growth Management Act. g. Any jurisdiction seeking to expand its Urban Growth Area shall achieve densities and urban growth patterns consistent with the Growth Management Act and the City’s adopted Comprehensive Plan and any inter-local agreement between the City and the County. h. If an adopted or proposed, 20-year projected population distribution requires the expansion of its Urban Growth Area, the respective jurisdiction shall conduct planning and analysis, addressing the following conditions: i. Update and confirm the capacity analysis for land within the existing Urban Growth Area for residential, commercial, and/or industrial lands, which takes into account all development approved within the overall UGA since the last UGA expansion. This shall be based upon updated Buildable Land and Land Capacity Analyses that follow the guidelines of RCW 36.70A.215 or other analysis determined appropriate for the particular UGA involved. To maximize consistency across jurisdictions, each jurisdiction shall use consistent methodology in calculating capacity. ii. Review the planning and zoning regulations and any incentive programs in place to determine expected densities and urban growth patterns in the existing UGA consistent with the Growth Management Act and the jurisdiction’s adopted Comprehensive Plan. CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 9 iii. Determine whether the adoption and implementation of suitable reasonable measures should be considered, if the Buildable Land Analysis shows that its Comprehensive Plan growth goals are not being met. iv. Data collection and analysis for the Land Capacity Analysis should be done cooperatively. The County will be responsible for data describing growth and capacity in the unincorporated portion of the Urban Growth Area, and the City for the incorporated portion. i. Expansion of Urban Growth Areas shall direct growth first to areas already characterized by urban growth that have adequate existing public facility and service capabilities to serve development; second to areas already characterized by urban growth that will be served adequately by a combination of both existing public facilities and services and any additional needed public facilities and services that are provided; and third to areas that are adjacent to incorporated cities or established Urban Growth Areas once the available land meeting the first or second priority has been designated. Areas which have existing public facilities or where public facilities can be reasonably extended and are not currently at urban densities should be considered first within this category. j. A jurisdiction, as part of its Comprehensive Plan amendment or Subarea Plan process, that proposes an expansion of the UGA shall prepare or update a comparison of potential areas for expansion, including. i. Planning and zoning regulations currently in place. ii. An evaluation of how a full range of urban-level infrastructure and services would be provided within potential expansion areas, including appropriate capital facility analysis. Fire Storm Water Solid Waste Police Potable Water Park & Recreation Facilities Transportation Sewer Schools Utilities: Power and Telecommunications, including Broadband Emergency Medical Services All service providers including special districts and adjacent jurisdictions should be included in the evaluation. Best available infrastructure technology may be used provided that it has been approved by the jurisdiction as part of a broader review of available technology. iii. Although specific standards and criteria are not implied, other factors shall be addressed in evaluating areas for Urban Growth Area expansion, including but not limited to: environmental constraints; economic development; preservation of cultural, historical, and designated resource lands. k. The City and County shall conduct early and continuous public involvement when establishing, expanding, or adjusting Urban Growth Areas, and shall do so jointly when appropriate. Residents of unincorporated areas should be consulted and actively involved in the process affecting them. CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 10 4. Coordinated Growth Management in Urban Growth Areas: a. Adopted City and County comprehensive plans shall reflect the intent that all land within unincorporated Urban Growth Areas will either annex to a city or incorporate within the 20-year planning horizon. b. To maximize the efficient use of urban lands, subdivisions in Urban Growth Areas shall be consistent with the associated jurisdiction’s Comprehensive Plan and underlying zoning densities. c. As described in the Growth Management Act, cities are the primary provider of municipal services and facilities in their Urban Growth Areas, responsible for demonstrating within their Comprehensive Plans the capacity to provide all urban services within their associated Urban Growth Area(s). This may be accomplished through a collaborative process with Kitsap County and/or other service providers. d. The County and Cities shall establish procedures to facilitate the smooth transfer of governance for associated Urban Growth Area(s) through the adoption of Urban Growth Area Management Agreements (UGAMAs), as per Appendix C: Urban Growth Area Management Agreements. e. For Urban Growth Areas: i. The County should plan with associated cities and local communities to address land uses, infrastructure needs, level of service standards as identified in these policies, and other issues as needed. The results should be reflected in the County Comprehensive Plan. ii. The County should provide a level of urban facilities and services consistent with the County’s ability and appropriateness to provide such services for those Urban Growth Areas that will be associated with a specific city or that will eventually incorporate. 5. Distribution of 20 year population increments, as forecasted by the WA Office of Financial Management: a. The Kitsap Regional Coordinating Council shall coordinate the process for distributing the forecasted population for the period 2005 – 2025 and every five years thereafter, consistent with the requirements of the Growth Management Act. Kitsap County shall adopt any revision to the population distribution as part of its next Comprehensive Plan amendment process and the Cities shall base their Comprehensive Plan amendments upon that distribution. The distribution process should consider countywide demographic analysis, the Land Capacity Analysis, and the OFM projections and it shall promote a countywide development pattern targeting over three quarters (76%) of new population growth to the designated Urban Growth Areas. The County and the Cities recognize that the success of this development pattern requires not only the rigorous support of Kitsap County in the rural areas, but also Cities’ Comprehensive Plans being designed to attract substantial new population growth. Population distribution will be reviewed through the Kitsap Regional Coordinating Council process every five years. The review will include an analysis of the Cities’ and County’s progress in achieving target distributions. If the 76% UGA target mentioned above for new population growth and the overall population targets are met or exceeded, the target for new population will revert to five sixths (83%), as per the revised County-wide Planning CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 11 Under the Growth Management Act (RCW 36.70A.350), fully contained communities (FCCs) may be considered, provided that a portion of the twenty-year population forecast is reserved for & subsequently distributed to the FCC. The GMA requires that FCCs provide for a mix of uses that would provide jobs, housing, & public facilities and services to support a long-term residential population. The GMA (RCW 36.70A.360) also allows the consideration of proposed master planned resorts (MPR’s) outside of Urban Growth Areas for shorter-term residential uses. Master planned resorts are described as self-contained, fully integrated planned developments in areas with significant natural amenities. The GMA allows for areas with a federal landmark designation to be developed as National Historic Towns (RCW 36.70A.520). The designation may allow urban services in rural areas dependent upon historic development pattern. Its boundaries and land uses must be consistent with those over the course of its history, but not specific to any point in time. Vision 2040 policies state that new FCC’s are to be avoided. Policies adopted by Kitsap County Ordinance #258-01 on August 20, 2001. Otherwise, the target may be reaffirmed or explicitly modified. i. Each jurisdiction with a designated Urban Growth Area shall develop an estimate and/or range of the additional population that it could accommodate and service during the 20 year planning horizon, consistent with its vision for future community character. The estimate shall consider the need for increasing population density within the Urban Growth Areas to promote efficient service delivery, avoid sprawl, and preserve community character. ii. The population estimates and/or ranges shall be provided to the Kitsap Regional Coordinating Council, with a statement of need concerning adjusted Urban Growth Area boundaries. iii. The Kitsap Regional Coordinating Council shall compile the jurisdictions’ population estimates, including the estimate of additional population capacity for areas outside the Urban Growth Areas, and determine whether adjustments to the overall distribution are required in order to fit within the OFM projected range. iv. The Kitsap Regional Coordinating Council, after conducting a public hearing, shall recommend the estimate and/or ranges of 20 year population distribution to Kitsap County for adoption as an amendment to the Countywide Planning Policies. v. Kitsap County should give substantial weight to the Kitsap Regional Coordinating Council’s recommendation in adopting the 20-year population distribution. vi. Following adoption of the estimates and/or ranges, each jurisdiction should update its comprehensive plan, so as to arrive at a final population target consistent with the estimate and/or within the original range. vii. After each jurisdiction has completed its comprehensive plan update, the final adopted target should be compiled and reviewed through the Kitsap Regional Coordinating Council process and the revised population distribution incorporated into the Countywide Planning Policies. A final distribution to Urban Growth Areas versus non-Urban Growth Areas within the range specified above should then be calculated. 6. Policies for Growth Outside of Urban Growth Areas: Fully Contained Communities, National Historic Towns and Master Planned Resorts a. A Master Plan review process and decision criteria for fully contained communities, national historic towns, and master planned resorts should be incorporated in the County’s Comprehensive Plan, must reflect the standards and requirements in the GMA, and in addition must address the following: i. Provision of necessary public facilities, including but not CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 12 limited to parks, schools, and public safety facilities should be provided within or along with the development, consistent with adopted capital facility and level of service standards; ii. Future assessment of adverse impacts to public infrastructure, nearby communities, adjacent rural areas, environmental resources, and designated resource lands. Such impacts should first be avoided, second minimized, and third mitigated; iii. Provisions for review of such developments through the Kitsap Regional Coordinating Council process, in addition to other procedural requirements. b. Consistent with guidance provided in Vision 2040, the Kitsap Regional Coordinating Council shall avoid the establishment of a Fully Contained Community (FCC). Only if it is found necessary to accommodate future urban population growth may the Kitsap Regional Coordinating Council recommend the creation of an FCC and a corresponding new community reserve population. Any such designation shall be fully consistent with all Countywide Planning Policies establishing new Urban Growth Areas (Elements B3 and B5) and RCW 36.70A.350 (2), which, in part, requires that a new community reserve population be established no more than once every five years as a part of the designation or review of Urban Growth Areas and that the Urban Growth Areas shall be accordingly offset. In addition, the following shall be included in any County Comprehensive Plan requirements governing FCCs: i. a phasing plan that monitors and requires concurrent development of commercial and employment uses with residential development, to insure that the community is fully contained; ii. a mechanism to insure that the timing of the development components will be fully regulated by the phasing plan; iii. a substantial public benefit. c. As Vision 2040 requires comprehensive review and consideration of the regional impacts of any proposed Fully Contained Community, the County shall forward the proposal to adjacent counties, the Puget Sound Regional Council, and the Kitsap Regional Coordinating Council for review at the earliest possible point in the process. The Kitsap Regional Coordinating Council shall review the proposal for regional impacts to the following: i. the regional growth strategy as included in Vision 2040; ii. the split in population growth between the countywide urban and rural areas; iii. other elements of the Countywide Planning Policies. CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 13 Element C: Centers of Growth Centers are intended to be compact and centralized working, shopping and/or activity areas linked to other Centers by transit and non-motorized facilities. [See H. Transportation: 5-6] Centers and their boundaries are intended to be locally determined by the County and the Cities where a community-wide focal point can be provided, significant population and/or employment growth can be located, and the increased use of transit, walking and bicycling can be supported. Designated Centers are intended to define the pattern of future residential and commercial/industrial growth and incorporate opportunities for parks, civic, and public space development in Kitsap County. (See Appendix F for listing of Kitsap Designated Centers.) Policies for Centers of Growth (C): 1. In decisions relating to population growth and resource allocation supporting growth, Centers have a high priority. 2. The Kitsap Countywide Planning Policies encourage the development of Centers according to the following typology: a. Regional Growth Centers: i. Metropolitan Centers function as anchors within the region for a high density mix of business, residential, public, cultural and recreational uses, and day and night activity. They are characterized by their historic role as the central business districts of the major cities within the central Puget Sound region, providing services for and easily accessible to a population well beyond their city limits. Metro Centers may also serve national or international roles.” (Vision 2040) ii. Urban Centers are areas with the comprehensive planning to support a wide range of commercial, housing, and cultural choices. All areas of the Urban Center are serviced by transit throughout the day and much of the area is within walking or bicycling distance. Significant in-fill opportunities exist with the highest residential, commercial, and employment densities expected. (Vision 2040) b. Regional Manufacturing/Industrial Centers are major, existing regional employment areas of intensive, concentrated manufacturing and industrial land uses which cannot be easily mixed at higher densities with other incompatible uses. To preserve and maximize land at these centers for manufacturing, industry and related uses, large retail uses or non-related offices are discouraged. Provision of adequate public facilities and services, including good access to the region's transportation system, is very important to the success of manufacturing/industrial centers." (Vision 2040) c. The following are other types of centers within Kitsap County: i. Town or City Centers are usually the existing downtown core of a city or Urban Growth Area. There is an abundant mix of shopping, service, employment, and cultural opportunities. Multifamily housing may be intermixed and single family housing may The Puget Sound Regional Council has defined several types of Centers within Urban Growth Areas in the four-county planning region, with planning guidelines (Vision 2040). CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 14 be within walking or bicycling distance. Infill should include mixed use and higher densities surrounding the Town Center. ii. Mixed Use Centers are a generic category that can be described in terms of neighborhoods or districts within a city or Urban Growth Area. The designation represents a commitment to planning for Center development, with a planned mix of housing, commercial, service, and employment opportunities. Most shopping and commercial uses are within a short walking or bicycling distance of housing. There is a higher proportion of multi-family housing at relatively high densities. Navy facilities could be considered for this designation. iii. Activity and Employment Centers are areas of concentrated employment and are a magnet for significant numbers of people usually during daytime hours because of business and/or manufacturing activities. They may be located outside of Urban Growth Areas, consistent with the Growth Management Act. Industrial and business parks and Navy employment centers are in this category. Within Urban Growth Areas, the opportunity to include a proportional residential element should be determined on a case-by-case basis, considering the unique geography and economics of the area. iv. Transportation Hubs are locations of regional inter-modal connection that may be located outside of Urban Growth Areas. Examples are ferry terminals, the Bremerton National Airport, or certain transit stations. 3. Recognizing that communities evolve over time, a jurisdiction may request of the Kitsap Regional Coordinating Council an initial designation or a change in Center status. This request shall be considered and a decision made during the next Countywide Planning Policies amendment cycle. A change in Center status may require action by the Puget Sound Regional Council. 4. In addition to meeting the applicable criteria above, a request for Center designation or a change in Center status should address the following: (See Appendix G) a. Current or programmed transportation resources (including roads, ferries, transit, airports, bicycle, pedestrian) b. Balance of living wage employment opportunities with residential c. Proximity and connectivity among jobs, housing, retail services d. Types and density of residential uses e. Inclusion of affordable housing f. Provision of community gathering space, parks, and cultural opportunities g. Impacts to ecological functions. Living wage is the minimum hourly wage needed by a sole provider working full time (2080 hours per year) to cover the costs of food, shelter, clothing, and other basic necessities for their family. The assumption is that living wages vary across communities, based on differences in the cost of living and size of household. [Sources: Economic Policy Institute & KEDA] Living Wage: Living Wage Calculator for Kitsap County, Pennsylvania State University: http://www.livingwage.geog.psu.edu/ Minimum Wage: WA State Dept of Labor & Industries: http://www.lni.wa.gov/ CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 15 Element D: Rural Land Uses and Development Patterns Rural areas of Kitsap County are characterized as having a variety of parcel sizes, with a diversity of land use activities. These areas also contain significant amounts of complex natural systems. It is a high priority to preserve and enhance the rural character of these areas. Counties are responsible for designating and regulating rural areas through the comprehensive planning process. However, rural preservation is a regional issue and it is important to coordinate these planning objectives with the Cities. Policies for Rural Land Uses and Development Patterns (R): 1. Preserving rural character and enhancing the natural environment. a. Preserve the character of identified rural areas by protecting and enhancing the natural environment, open spaces, recreational opportunities, and scenic and historic areas. Support small scale farming and working resource land, promote locally grown food, forestry, eco- and heritage-tourism. Support low-density residential living and cluster development that provides for a mix of housing types, rural levels of service, cultural activities, and employment that services the needs of rural areas at a size and scale that is compatible with long-term character, productivity, and use of these lands. b. This policy is not intended to preclude the future designation of Urban Growth Areas. 2. Preserving rural land use and development patterns: a. Rural Communities are already-existing residential and commercial areas of more intensive rural development designated in the Kitsap County Comprehensive Plan under RCW 36.70A.070.5. In-fill is expected. Rural Communities should be serviced by transportation providers and other services consistent with the Levels of Service adopted by Kitsap County for roads and by Kitsap Transit for transit upon their designation as an area of more intensive rural development. b. Transportation Hubs may be located within existing areas of more intensive development. Walking, bicycling, and transit are the major forms of travel. Transportation Hubs are locations of regional intermodal connection. Examples are ferry terminals and transit stations with convenience services. c. The County shall develop criteria consistent with the Growth Management Act for designating future industrial and commercial development outside of Urban Growth Areas that protect rural character while encouraging vehicle trip reduction. The criteria should allow for industrial resource-based land use and recreation and for convenience commercial that is scaled to serve the daily needs of rural residents. 3. Establishing and maintaining rural levels of service: a. Rural level-of-service standards shall address sewage disposal, water, transportation and other appropriate services. The standards shall be developed based upon levels of service typically delivered in rural areas consistent with RCW 36.70A.030 (16). CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 16 b. For purpose of trip reduction, develop a range of alternative modes of transportation consistent with rural levels of service to connect Rural Communities with urban Centers. c. When sewers need to be extended to solve isolated health, environmental, and sanitation problems, they shall be designed for limited access so as not to increase the development potential of the surrounding rural area. 4. Conserving small-scale natural resource use in rural areas: a. Rural land use designations in the County's Comprehensive Plan shall recognize ecological functions and support rural uses such as farming, forestry, mining, recreation, and other rural activities, and permit a variety of low-density residential uses which preserve rural character and ecological functions, and can be sustained by rural service levels. b. The County's Comprehensive Plan policies shall promote clustering residential development and other techniques to protect and enhance significant open spaces, natural resources, cultural resources, and critical areas for more effective use of the land. Clustering should not increase residential housing units in the overall area designated as rural, consistent with designated rural densities. Development clusters shall be designed, scaled and sited in a manner consistent with rural character and the provision of rural levels of service. c. The County's Comprehensive Plan policies shall support Rural Communities as locations of employment, a mix of housing types, and cultural activities for rural areas that primarily function as locations for service needs such as grocery stores, shopping, and community services, and small-scale cottage industries for the surrounding rural area. CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 17 Element E. Countywide Strategies for Open Space Preservation, Resource Preservation, Critical Areas, Air Quality, and Water Quality/Quantity Open space is defined as land area consisting of natural systems, resource lands and critical areas that include building limitations for future development. These critical areas include wetlands, wildlife conservation areas, steep slopes, frequently flooded areas and areas with a critical recharging affect. These open space lands also include aesthetic functions such as view sheds of the water or ridgelines. Many of these natural systems are inter-connected and cross multi- jurisdictional boundaries within the County. The strategy is to conserve these areas and connect them to create a regional open space network to protect critical areas, conserve natural resources, and preserve lands and resources of countywide and local significance. The purpose of these strategies is to enhance the quality of countywide water, soil, and air resources and, potentially, climate. Policies for Open Space Preservation, Resource Protection, Critical Areas, Air, and Water Quality/Quantity (PPCAAW): 1. Creating a regional network of open space: a. The County and the Cities shall implement the Kitsap County Open Space Plan and the Kitsap County Consolidated Greenway Plan which identify a countywide green space strategy that incorporates planning efforts of the County, Cities, state agencies, non-profit interest groups and land trusts in the County. b. The County and the Cities shall preserve and enhance, through inter-jurisdictional planning, significant networks and linkages of open space, regional parks and public/ private recreation areas, wildlife habitats, critical areas and resource lands; historic and cultural landscapes; water bodies and trails. c. The County and the Cities shall frame and separate urban areas by creating and preserving a permanent network of urban and rural open space, including parks, recreation areas, critical areas and resource lands. 2. Conserving and enhancing the County’s natural resources, critical areas, water quality/quantity, and environmental amenities while planning for and accommodating sustainable growth: a. The County and the Cities shall protect critical areas (wetlands, aquifer recharge areas, fish and wildlife habitat conservation areas, frequently flooded areas, steep slopes, and geologically hazardous areas) and should consider other environmental amenities such as view corridors, canopy cover, and ridgelines. b. The County and the Cities shall establish and implement Best Management Practices to protect the long-term integrity of the natural environment, adjacent land use, and the productivity of resource lands. c. The County and the Cities shall establish procedures to preserve significant historic, visual and cultural resources including views, landmarks, archaeological sites, and areas of special locational character. CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 18 d. The County and the Cities shall encourage the use of environmentally sensitive development practices to minimize the impacts of growth on the County’s natural resource systems. e. The County and the Cities shall protect and enhance the public health and safety and the environment for all residents, regardless of social or economic status, by reducing pollutants, as defined by WA State and federal law. f. The County and the Cities shall work together to identify, protect, and restore networks of natural habitat areas and functions that cross jurisdictional boundaries. g. The County and Cities shall protect and enhance ecosystems that support Washington State’s Priority Habitat and Species as identified by the Washington Department of Fish and Wildlife. 3. Protection of air quality is accomplished by reducing the levels of toxins, fine particles, and greenhouse gases released into the environment, especially through transportation activities. a. The County and Cities, in their respective comprehensive plans, should include specific goals and policies to enhance air quality by reducing the release of toxins, fine particles, and greenhouse gases. b. The County and Cities should adopt and implement purchasing policies/programs for vehicles/equipment that use clean efficient fuels. 4. Protection of water quality and quantity is accomplished by reducing the amount of toxins and pathogens in our water supply. a. The County and Cities should adopt policies in their Comprehensive Plans to reflect that surface and storm water and aquifer recharge areas should be treated as a resource. b. The County and Cities should continue to be models for low impact development and implement such programs whenever practical. c. The County and Cities should develop and implement a program, as funding allows and where feasible, to retrofit infrastructure that was developed prior to the implementation of best practices in surface and storm water management programs. 5. Listed species recovery under the Endangered Species Act (ESA): a. The County and the Cities shall preserve, protect, and where possible, restore the functions of natural habitat to support ESA-listed species, through the adoption of comprehensive plan policies, critical area ordinances, shoreline master programs and other development regulations that seek to protect, maintain or restore aquatic ecosystems associated habitats and aquifer through the use of management zones, development regulations, incentives for voluntary efforts of private landowners and developers, land use classifications or designations, habitat acquisition programs or habitat restoration projects. b. The County and the Cities shall provide incentive-based non-regulatory protection efforts such as acquisition of priority habitats through fee-simple and conservation easements from willing sellers. CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 19 c. The County and the Cities shall jointly establish and implement monitoring and evaluation program to determine the effectiveness of restoration, enhancement, and recovery strategies for salmon including ESA-listed species. Each jurisdiction shall apply an adaptive management strategy to determine how well the objectives of listed species recovery and critical habitat preservation/restoration are being achieved. 6. Coordination of watershed and land use planning: a. The County and the Cities shall participate in a planning program that determines changes in stream hydrology and water quality under different land use scenarios at full build-out of designated land use classifications. b. The County and the Cities shall coordinate land use planning using watersheds or natural drainage basins to implement strategies for restoration of aquatic habitat and to reduce impacts to other natural systems and participate in efforts to improve the health of our waterways. c. Kitsap County shall coordinate and maintain a regional database of best available science for the purpose of modifying Critical Areas Ordinances, if funding is available. d. Upon adoption of a state classification system, the Cities and the County shall establish a single system for stream typing. CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 20 Element F. Contiguous, Compatible, and Orderly Development Upon designation of Urban Growth Areas, the County and Cities will need to develop consistent implementation measures to ensure that development occurs in an orderly and contiguous manner. The intent of the following countywide planning policies is to minimize differences in urban development regulations and standards between the County and the Cities and to facilitate the economical provision of urban services to development. Policies for Contiguous, Compatible, and Orderly Development (CCOD): 1. Encouragement of cooperative inter-jurisdictional planning by federal, tribal, state, local, and special purpose government: a. Inter-jurisdictional discussion, information exchange, and coordination of proposals shall be initiated as early and expeditiously as possible by the responsible agencies, to aid in the smooth transition of governance. b. Initial inventories and analyses of utilities and public services information are critical to the planning process and shall be made available as early and expeditiously as possible by the responsible agencies. c. The Kitsap Regional Coordinating Council may establish or designate on-going technical committee(s) comprised of representatives from utilities and service providers to investigate long-range regional needs for various facilities and services, including but not limited to those for transportation, sewer and storm drainage, availability and delivery of potable water, solid waste, broadband, parks and recreation, and open space. d. The Countywide Planning Policies will further the implementation of Vision 2040 and Transportation 2040 as adopted by the Puget Sound Regional Council. 2. Inter-regional coordination of land use and transportation, environmental, and infrastructure planning: a. The County and the Cities shall participate in the Puget Sound Regional Council and the Peninsula Regional Transportation Planning Organization. b. Locally-generated data shall be provided to the Puget Sound Regional Council and the Peninsula Regional Transportation Planning Organization for use in their coordination of population forecasts, land use, and transportation. c. The planning proposals of these regional organizations shall be monitored and adjustments recommended to insure that they accurately reflect local needs and plans. d. Recognize and work with corridors that cross jurisdictional boundaries (including natural systems, and transportation and infrastructure systems) in community planning, development, and design. 3. Fiscal equity: a. It is recognized that fiscal disparities exist as a result of growth and changes in municipal boundaries. The Kitsap Regional Coordinating Council shall monitor the Revenue Sharing Inter-local Agreement among the County and Cities (shown as Appendix D) and seek CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 21 additional ways to address fiscal disparities as they relate to promoting coordinated development and the implementation of the Growth Management Act. b. The County and the Cities shall work together to insure that all fees associated with development approval are based upon the real cost of service and act to encourage development within designated Urban Growth Areas. c. The Kitsap Regional Coordinating Council shall facilitate on-going regional discussion on revenue equity issues. 4. Community design and development: Strategies should promote orderly development that reflects the unique character of a community and encourages healthy lifestyles through building and site design and transportation connectivity. In addition, sustainable economic and environmental development techniques should be utilized to enhance the quality of life: a. Utilize design strategies to ensure that changes in the built environment provide continuous and orderly development. b. Encourage development that reflects unique local qualities and provides an economic benefit to the community. c. Design mixed use developments and local street patterns to improve the environment for overall mobility and accessibility to and within the development through multi-modal transportation options that serve all users. d. Design of transportation networks should fit within the context of the built and natural environment, enhancing the community, connectivity, and physical activity in the area community wide and specifically in designated growth centers and high transit areas. e. Design schools, institutions and public facilities to be compatible with the surrounding community character and needs. f. Use sustainable building techniques (such as rehabilitation/re-use, LEED [Leadership in Energy & Environmental Design], Low Impact Development, energy-efficient fixtures, etc.) in the design and development of the built environment. g. Support urban design, historic preservation, and arts to enhance quality of life. h. Promote solar, wind, tidal, wave generation, and other renewable energy generation where appropriate to serve the community. CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 22 Element G. Siting Public Capital Facilities The Growth Management Act requires local governments to inventory existing capital facilities owned by public entities, to identify locations and to determine capacities to meet future demand for growth without decreasing levels of service. The Washington State Office of Financial Management is responsible for identifying and maintaining a list of essential state public facilities that are required or likely to be built within the next six years as required by the Growth Management Act. Counties and cities are also required to coordinate the siting of countywide and statewide capital facilities to mitigate potential adverse impacts from the location and development of these facilities. Policies for Siting Public Capital Facilities (CF): 1. Identification of needed capital facilities: a. The County and the Cities shall each inventory their existing capital facilities and identify needed facility expansion and construction and provide that data to the Kitsap Regional Coordinating Council. b. The Kitsap Regional Coordinating Council shall develop and maintain a list of public capital facilities needed to serve Kitsap County as a whole, based upon the County and Cities' Comprehensive Plans, the Countywide Coordinated Water System Plan, and other appropriate system plans. These include, but are not limited to, solid and hazardous waste handling facilities and disposal sites, water and wastewater treatment facilities, regional water supply inter-tie facilities, education institutions, airports, local correctional facilities, in-patient facilities including hospitals and regional park and recreation facilities, and government buildings that serve Kitsap County as a whole, including those essential public facilities as defined in RCW 36.70A.200. 2. Location of capital and public facilities: a. If the primary population served by the facility is urban, the facility should be located in a City or Urban Growth Area where feasible. 3. Establishing a process and review criteria for the siting of facilities that are of a countywide or statewide nature: a. When essential public facility as defined in RCW 36.70A.200 is proposed in Kitsap County, and its location has not been evaluated through a regional siting process pursuant to WAC 365-196-550 (3) (d), the Kitsap Regional Coordinating Council shall appoint a Facility Analysis and Site Evaluation Advisory Committee composed of citizen members selected by the member jurisdictions to represent a broad range of interest groups to evaluate proposed public facility siting. At a minimum this evaluation shall consider: i. The impacts created by existing facilities; ii. The potential for reshaping the economy, the environment and community character; iii. The development of specific siting criteria for the proposed project, giving priority consideration to siting within Designated Centers; iv. The identification, analysis and ranking of potential project sites; CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 23 v. Measures to first minimize and second mitigate potential physical impacts including, but not limited to, those relating to land use, transportation, utilities, noise, odor and public safety; vi. Measures to first minimize and second mitigate potential fiscal impacts. b. Certain public capital facilities such as schools and libraries that generate substantial travel demand should be located first in Designated Centers or, if not feasible to do so, along or near major transportation corridors and public transportation routes. c. Some public capital facilities, such as those for waste handling, may be more appropriately located outside of Urban Growth Areas due to exceptional bulk or potentially dangerous or objectionable characteristics. Public facilities located beyond Urban Growth Areas should be self-contained or be served by urban governmental services in a manner that will not promote sprawl. Utility and service considerations must be incorporated into site planning and development. d. Uses shall adhere to local health district or state agency rules regarding commercial and industrial use of on-site sewage systems. e. The multiple use of corridors for major utilities, trails and transportation rights-of-way is encouraged. f. County and City comprehensive plans and development regulations shall not preclude the siting of essential public facilities. g. Public facilities shall not be located in designated resource lands, critical areas, or other areas where the siting of such facilities would be incompatible. 4. Air transportation facilities in Kitsap County: a. The Counties and the Cities shall recognize the importance of airports as essential public facilities and the preservation of access to the air transportation system. b. The County and the Cities shall ensure the safety of the community and airport users through compatible land use planning adjacent to airports and coordination of the airport with ground access. Examples would include not encouraging or supporting higher residential densities, schools, or hospitals near airports or airport approach corridors. c. The County and the Cities shall plan for heliports throughout Kitsap County for emergency use. CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 24 Element H. Transportation The Growth Management Act requires that transportation planning be coordinated among local and state jurisdictions. The Growth Management Act further requires that transportation planning be coordinated with the land use elements of local comprehensive plans. Coordination of land use and transportation plans will allow Kitsap County and the Kitsap Cities to meet three inter-related transportation goals: o Serve Designated Centers to reduce sprawl, conserve land and make more efficient use of infrastructure, o Preserve the natural environment, including water and air quality and, potentially, climate. o Provide a balanced system for the efficient, clean, safe movement of people, goods and services among Designated Centers within Kitsap County and the larger Puget Sound region. The intent of the following policies is to define appropriate methods and strategies to achieve these goals through inter-regional and intra-regional coordination among transportation and land use planning agencies. For the purpose of this Policy, the following transportation facilities are of countywide significance: a. state and federal highways; b. major arterials; c. public transit facilities and services; d. non-motorized facilities connecting designated centers; e. marine transportation facilities (ferries, shipping); f. airports and heliports (passenger and/or freight); g. rail facilities (passenger and/or freight) The following facilities and system components should be included in the multi-modal network: a. roads, including major highways, arterials and collectors; b public transit, including bus, rail, and park & ride lots; c. non-motorized facilities; d. vehicle and public or private passenger only ferries; e. airports; f. parking facilities that support the multi-modal network; g. facilities related to transportation demand management; h. intelligent transportation systems (ITS). Policies for Transportation (T): 1. Strategies to optimize and manage the safe use of transportation facilities and services: a. The County and the Cities shall each emphasize the maintenance and preservation of their existing transportation network. b. Through the regular update of the Transportation Element of their Comprehensive Plan, the County and the Cities should each identify Level of Service (LOS) and prioritize operational and safety deficiencies, with the goal of substantially reducing deaths and serious injuries. CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 25 The State of Washington has taken steps to reduce greenhouse gas emissions and vehicle miles traveled. Not only does reducing the overall amount of travel produce benefits for improving air quality and curbing emissions related to climate change, it also lessens traffic congestion. Developing a transportation system that provides more opportunities for walking, bicycling, or using transit also creates more choices and options for people. The WA State Dept of Transportation and Vision 2040 policies identify telework (or tele-commuting) as a viable transportation alternative. The WSDOT-funded 2008 Kitsap Telework Pilot Project noted the particular importance of telework in rural areas, where citizens tend to drive greater distances. c. The County and the Cities should utilize Transportation System Management strategies such as parking restrictions, traffic signal coordination, transit queue jumps (traffic signal modification equipment that allows busses to move ahead of other vehicles), ramp metering, striping non-motorized transportation facilities, traffic calming devices, and real time sensor adjustments for traffic signals. d. The County and the Cities should develop and implement access management regulations that provide standards for driveway spacing and delineation, and encourage the joint use of access points where practical. e. The County and the Cities shall actively seek opportunities to share facilities, expertise, and transportation resources, such as multiple use park & ride/parking lots or shared traffic signal maintenance responsibility. 2. Reducing the rate of growth in auto traffic, including the number of vehicle trips, the number of miles traveled, and the length of vehicle trips taken, for both commute and non-commute trips: a. The County and the Cities shall provide both infra-structure and policy incentives to increase the use of non- SOV modes of travel. i. The range of infrastructure incentives to encourage the use of non-SOV modes of travel could include the following: • Provide public transit, including preferential treatments for transit, such as queue by-pass lanes (dedicated bus lanes that allow for transit queue jumps), traffic signal modifications, and safe, transit stops. • Provide integrated transfer points to facilitate seamless trips between transit and other modes of travel, particularly at ferry terminals, including park & ride lots, bike storage facilities, carpool/vanpool and transit advantages to ease ingress/ egress, with proximity to actual connection points, and innovative transit-oriented development. • Provide non-recreational bicycle and pedestrian facilities, including safe neighborhood walking and biking routes to school. • During the development of all state, county, and city highway capacity improvement projects, consider the market for non-SOV travel and the addition of High Occupancy Vehicle (HOV) lanes, park & ride lots, and appropriate infrastructure for both bicycling and walking. CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 26 ii. The range of policy incentives to encourage the use of non-SOV modes of travel could include the following: • Increased emphasis on the Commute Trip Reduction Program already in place (including ridesharing incentives), with Kitsap Transit designated as the lead agency, including program promotion and monitoring. • Managed parking demand at ferry terminals, employment, and retail centers to discourage SOV use through privileged parking for HOV users, fee structure and parking space allocations. • Encouraging telecommuting and home-based businesses as a viable work alternative. • Encouraging the shift of work and non-work trips to off-peak travel hours. • Congestion pricing. • Auto-restricted zones. • Promotion of driver awareness through educational efforts. d. The County and the Cities shall develop standards for Complete Streets that address bicycle and pedestrian facilities for development of new streets and reconstruction of existing streets as appropriate, consistent with State law. e. In Designated Centers, the jurisdictions should complete missing vehicular and non-motorized links between key arterials to accommodate pedestrian and bicycle facilities, without compromising safety standards. f. The County and the Cities shall develop bicycle and pedestrian plans, which should be coordinated across jurisdictional boundaries with particular consideration to providing safe routes for children to walk and to bike to school. g. Kitsap Transit shall review and comment on development proposals where appropriate, to facilitate convenient use and operation of appropriate transit services. 3. Environmental impacts of transportation policies: a. Transportation improvements shall be located and constructed so as to discourage/minimize adverse impacts on water quality and other environmental features. b. The County, the Cities, and Kitsap Transit shall consider programming capital improvements and transportation facilities that alleviate and mitigate impacts on air quality, greenhouse gas emissions and energy consumption, such as: high-occupancy vehicle lanes; public transit; vanpool/ carpool facilities; electric and other low emission vehicles Vision 2040 and Transportation 2040 emphasize Complete Streets, which ensure that transportation facilities serve all users and all ages and abilities. By designing and operating Complete Streets, local jurisdictions provide pedestrians, bicyclists, motorists, and transit riders with safer travel and can avoid expensive retrofits, encourage physical activity and help create walkable communities. There is no singular design prescription for Complete Streets; each one is unique and responds to its community context. CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 27 including buses; bicycle and pedestrian facilities that are designed for functional transportation. c. The County and the Cities shall ensure environmental protection, water quality, and conformance with ESA requirements through best management practices throughout the life of the transportation facilities, including: i. Facility design, and in particular low impact development strategies for the collection and treatment of storm water and surface run-off. ii. Avoiding construction during the rainy season. iii. Regular and routine maintenance of systems. d. The County, the Cities, and Kitsap Transit should support Puget Sound Clean Air Agency public education about anti-pollution measures. 4. Recognizing that the County and the Cities each encompass a range of development and density patterns, each jurisdiction shall designate its Centers consistent with the criteria set forth in Element C of the Countywide Planning Policies. The following policies relate to planning guidelines to support transit and pedestrian travel appropriate to each type of urban and rural development or re-development: a. The County and the Cities shall each prepare development strategies for their Designated Centers that encourage focused mixed use development and mixed type housing to achieve densities and development patterns that support multi-modal transportation. b. In Urban Growth Areas, comprehensive plans should promote pedestrian- and transit- oriented development that includes access to alternative transportation and, in the interest of safety and convenience, includes features, such as lighting, pedestrian buffers, sidewalks, and access enhancements for physically challenged individuals. c. Rural Communities shall accommodate appropriate pedestrian/bicycle connections and transit service and facilities consistent with rural levels of service in order to minimize vehicle trips. 5. Transportation linkages between designated local and regional Centers: a. Regional corridors shall be designated for automobile, freight, transit, HOV facilities, rail, marine, bicycle, and pedestrian travel between centers as part of the countywide transportation plan. b. The transportation system linking Designated Centers within the county shall be transit- oriented and pedestrian and bicycle friendly. 6. Freight transportation: a. Preferred routes for the movement of freight shall be identified as part of the countywide transportation plan. b. The County and the Cities shall work to ensure that compatible land uses are applied along designated freight corridors; including, but not limited to, corridors for air, rail, road and marine traffic. CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 28 c. The County and the Cities shall use appropriate roadway standards for designated freight corridors. 7. Transportation relationships with the Puget Sound Regional Council and the Peninsula Regional Transportation Planning Organization: a. The Countywide Planning Policies should support adopted regional and state plans and policies. b. The County and the Cities shall actively participate in the Puget Sound Regional Council and the Peninsula Regional Transportation Planning Organization (RTPO) to assure that transportation planning in the two regions is consistent and accurately reflects local needs related to identified regional system components. c. The Kitsap Regional Coordinating Council shall serve as the point of coordination to assure Puget Sound Regional Council and Peninsula RTPO planning programs are consistent and mutually beneficial to jurisdictions within Kitsap County. d. The Transportation Improvement Program (TIP) for Kitsap County shall continue to be a part of the regional TIP adopted by the Puget Sound Regional Council. Local review, comment and recommendations shall be coordinated through the Kitsap Regional Coordinating Council. 8. Identification of needed transportation related facilities and services within Kitsap County: a. The Puget Sound Regional Council and the Peninsula RTPO shall identify regional system components and related improvements within Kitsap County with the concurrence of the Kitsap Regional Coordinating Council. b. A countywide transportation plan developed by the Kitsap Regional Coordinating Council shall be prepared pursuant to the Growth Management Act to identify countywide transportation facility and service needs. A technical committee including transit and local, regional, and state transportation providers shall be used in this process. 9. Coordination of intra-county transportation planning efforts: a. The Puget Sound Regional Council reviews Cities’ and the County’s Comprehensive plans for consistency of land use and transportation elements. b. The County and the Cities shall address compatibility between land use and transportation facilities by: i. Not using new road improvements to justify land use intensification. ii. Managing access on new transportation facilities outside Urban Growth Areas. iii. Allowing phased development of improvements including acquiring right of way. iv. Using comprehensive plans and development regulations to ensure that development does not create demands exceeding the capacity of the transportation system, such as: density limits in areas outside of Urban Growth Areas; concurrency management and adequate public facility regulation; integrated multi-modal and non-motorized networks. CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 29 c. The County and the Cities shall work together in a coordinated, iterative process to periodically reassess whether regional land use and transportation goals can realistically be met. If transportation adequacy and concurrency cannot be met, the following actions should be considered: i. Adjust land use and/or level of service (LOS) standards and consider adopting multi- modal solutions. ii. Make full use of all feasible local option transportation revenues authorized but not yet implemented. iii. Work with Washington State Department of Transportation (including Washington State Ferries), Kitsap Transit, and the private sector to seek additional State transportation revenues, state and federal grants for infrastructure improvements, and local options to make system improvements necessary to accommodate projected population growth. d. Adjacent jurisdictions in Kitsap County shall develop consistent street classification system and street standards. e. Kitsap Regional Coordinating Council may establish a process for evaluating development impacts including those that may affect neighboring jurisdictions within the county. f. The Kitsap Regional Coordinating Council shall function to ensure that transportation planning, system management and improvements at local, regional, and state levels are coordinated, complementary, and consistent with adopted comprehensive land use plans. 10. Coordinated and consistent level of service (LOS)standards: a. The County and the Cities should develop comparable level of service standards among the County, Cities and the State of Washington for identified regional system components. b. The County and the Cities shall adopt roadway LOS standards. Urban growth management agreements shall designate level of service standards. c. The County and the Cities shall adopt transit LOS in the form of "Service Standards" adopted by the Kitsap Transit Board of Commissioners. The standards shall consider both frequency of service and bus capacity. d. Consistent with State law, the County and Cities shall recognize the Level of Service Standards for Highways of Statewide Significance, including principal arterial ferry routes, that have been adopted by the Washington State Department of Transportation, in their respective Comprehensive Plans. e. For State highways and facilities of regional significance, including the Southworth ferry route, the County and the Cities shall include the Level of Service Standards adopted for these routes by the Puget Sound Regional Council, the Peninsula RTPO, and the Washington State Department of Transportation, in their respective Comprehensive Plans. f. On highways and streets which are subject to concurrency requirements, the County and the Cities shall each identify capacity deficiencies and either address them in terms of identified funding, adjust the LOS standard on a temporary basis, or place a temporary moratorium on development. CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 30 g. On highways and streets which are subject to concurrency requirements, new development should not cause LOS to degrade to a level lower than the adopted standard, consistent with State law. CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 31 Element I. Housing The Growth Management Act requires cities and counties to encourage the availability of housing that is affordable for all income levels at a variety of housing densities. Local jurisdictions are also encouraged to preserve existing housing resources in their communities, and to provide an adequate supply of housing with good access to employment centers to support job creation and economic growth. (WAC 365.196.410) VISION 2040 takes a comprehensive approach to addressing the range of housing needs. Housing is addressed throughout the Countywide Planning Policies. See box on right for specific references. Jobs-Housing Balance: Jobs-housing balance refers to relationship of housing supply and the job base. There are transportation implications in terms of improving accessibility between where jobs are located and where people live, as well as access to goods, services and other amenities. Policies in Element C: Centers of Growth, Element F: Contiguous, Compatible and Orderly Development, and Element J: Countywide Economic Development are all part of the County’s overall approach to jobs-housing balance. Best Practices in Housing: The County and the Cities recognize the value of housing practices that preserve existing neighborhoods and communities, use land more efficiently, make services more economical, and meet the diverse needs of our county’s changing demographics. The Community Design and Development Policies in Element F: Contiguous, Compatible and Orderly Development address key innovative practices and design principles for development and housing. Affordable Housing: Housing affordability refers to the balance (or imbalance) between household income and housing costs. Affordable housing is a major challenge in Kitsap County. The following definitions relate to the Countywide Planning Policies: Housing shall mean housing intended for a full range of household incomes. These income levels are defined as follows (WAC 365.196.410 [2]-e-i-C): Extremely low-income shall mean those households that have incomes that are at or below 30% of the countywide median. Very low-income shall mean those households that have incomes that are within the range of 31 - 50% of the countywide median. Low-income shall mean those households that have incomes that are within the range of 51 - 80% of the countywide median. Moderate-income shall mean those households that have incomes that are within the range 81-95% of the countywide median. Middle-income shall mean those households that have incomes that are within the range of 96-120% of the countywide median. Upper-income shall mean those households that have incomes above 120% of the countywide median. Countywide Planning Policies Addressing Jobs-Housing Balance: C:2/ C:4 Centers as areas of a mix of business, commercial and residential uses F:4-c Mixed used development J:1-b Employment for diverse segments of the community J:1-e Economic Prosperity and increased job opportunities J:2 Promoting development of designed industrial and commercial areas J:3 Monitoring land supply CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 32 Policies for Affordable Housing (AH): 1. Coordinated process among County, Cities, and housing agencies for determining and fulfilling housing needs, and the equitable distribution of affordable housing at all income levels in Kitsap County: a. The County and the Cities should inventory the existing housing stock consistent with the Growth Management Act synchronized with County and Cities’ respective Comprehensive Plan updates, and correlate with current population and economic conditions, past trends, and ten year population and employment forecasts, to determine short and long range housing needs, including rental and home ownership. Navy personnel housing policy should also be considered. b. Local housing inventories, projections, and equitable distribution strategies should be compiled, updated, and monitored under the coordination of the Kitsap Regional Coordinating Council to identify countywide conditions and projected needs. c. Sufficient land supply for housing including various housing types shall be identified and monitored through regular updates to the countywide Buildable Lands Analysis [see Element B-1 Land Utilization and Monitoring Programs]. d. The County and the Cities should each identify specific policies and implementation strategies in their Comprehensive Plans and should enact implementing regulations to provide a mix of housing types and costs to achieve identified goals for housing at all income levels, including easy access to employment centers. e. The County and the Cities shall incorporate a regular review of public health, safety, and development regulations pertaining to housing implementation strategies to assure that: i. protection of the public health and safety remains the primary purpose for housing standards ii. regulations are streamlined and flexible to minimize additional costs to housing. 2. Recognizing that the market place makes adequate provision for those in the upper economic brackets, each jurisdiction should develop some combination of appropriately zoned land, regulatory incentives, financial subsidies, and/or innovative planning techniques to make adequate provisions for the needs of middle and lower income persons. 3. Recognizing the percentage share of the existing and forecasted countywide population and housing stock, as well as the distribution of existing housing for those households below 120% countywide median income, the County and the Cities should develop coordinated strategies to disperse projected housing for those below 120% countywide median income throughout Kitsap County, where they are specifically found to be appropriate, in consideration of existing development patterns and densities. These strategies should promote the development of such housing in a dispersed pattern so as not to concentrate or geographically isolate low-income housing in a specific area or community. CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 33 4. Provision of affordable housing for households below 120% countywide median income should include: a. Housing options located throughout Kitsap County in Urban Growth Areas and Rural Communities, as defined in Element D (2-a),in a manner to provide easy access to transportation, employment, and other services. i. Designated Centers should include such housing options. ii. Rural self- help housing programs should be encouraged first in UGA’s and Rural Communities and then allowed in other appropriate areas as defined by the U.S. Department of Agriculture. b. Local comprehensive plan policies and development regulations that encourage and do not exclude such housing. c. Housing strategies that include: i. preservation, rehabilitation and redevelopment of existing neighborhoods as appropriate, including programs to rehabilitate and/or energy retro-fit substandard housing; ii. provision for a range of housing types such as multi-family, single family, accessory dwelling units, cooperative housing, and manufactured housing on individual lots and in manufactured housing parks; iii. housing design and siting compatible with surrounding neighborhoods; iv. mechanisms to help people purchase their own housing, such as low interest loan programs, "self-help" housing, and consumer education. v. innovative regulatory strategies that provide incentives for the development of such housing, such as: reducing housing cost by subsidizing utility hook-up fees and rates, impact fees, and permit processing fees; density incentives; smaller lot sizes; zero lot line designs; inclusionary zoning techniques, such as requiring housing for specified income levels in new residential developments; transfers of development rights and/or a priority permit review and approval process and/or other provisions as appropriate. d. Housing policies and programs that address the provision of diverse housing opportunities to accommodate the homeless, the elderly, physically or mentally challenged, and other segments of the population that have special needs. e. Participation with housing authorities to facilitate the production of such housing. The County and the Cities shall also recognize and support other public and private not-for- profit housing agencies. Supporting housing agencies is encouraged through public land donations, guarantees, suitable design standards, tax incentives, fee waivers, providing access to funding sources and support for funding applications, or other provisions as appropriate. CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 34 5. The County and the Cities shall collaborate with PSRC to evaluate availability of appropriate housing types to serve future residents and changing demographics. CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 35 Element J. Countywide Economic Development Growth Management Act requires that general economic development policies be identified in the Countywide Planning Policies. Consistent with the goals of the Act, economic development planning must be coordinated with local comprehensive plans. The intent of the following policies is to encourage coordinated economic growth among all jurisdictions in Kitsap County and to add predictability and certainty to the private investment decision. Policies for Countywide Economic Development (ED): 1. A general strategy for enhancing economic development and employment: a. The County and the Cities recognize that a healthy economy is important to the health of residents and quality of life in the county. Economic development should be balanced with environmental concerns and protect the quality of life. b. A healthy economy provides a spectrum of jobs including entry-level, living wage, and advanced wage earner employment that, raises family income levels and provides opportunities for diverse segments of the community. c. The County and the Cities recognize that the economy in Kitsap County is very dependent on the U.S. Navy and diversification is necessary. Diversification should be promoted through a multi-faceted strategy that includes broadening the customer bases of existing contracting industries, expanding the number of local businesses that benefit from defense contracting, and building the base of business activity that is not directly connected to the Department of Defense. d. The County and the Cities shall collaborate with ports, tribes, and other special districts to encourage economic growth and diversification that is consistent with comprehensive plans and policies for land use, transportation, public transit, regional water supply, capital facilities, urban governmental services and environmental quality. e. Local governments are encouraged to utilize the Kitsap Economic Development Alliance (KEDA) as a resource to provide advice on economic development needs, the potential for retaining and expanding existing industries, including the U.S. Dept. of Defense, and attracting new industries, especially those that would improve wage and salary levels, increase the variety of job opportunities, and utilize the resident labor force. f. The County and the Cities should cooperate / participate with the Puget Sound Regional Council’s economic initiatives, including focus on identified industry clusters and clean industry and with the KEDA’s adopted plan, Kitsap 20/20: A Strategy for Sustainable Economic Prosperity. g. The County and the Cities recognize that widespread access to broadband capability will enhance economic development in Kitsap County. Local governments are encouraged to collaborate with the KEDA to promote the expansion of telecommunications in Kitsap County and to coordinate telecommunications policy with regional and federal agencies, including public utility districts, Bonneville Power Administration, regional transportation planning organizations, and neighboring counties. CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 36 h. Investments in our people, in particular, efforts of local educational institutions to provide, improve and expand vocational and post-secondary education programs, should be supported to assure a highly skilled, technically trained resident work force. 2. The role of government agencies in assuring coordinated, consistent efforts to promote economic vitality and equity throughout Kitsap County: a. The County and the Cities shall promote Urban Growth Areas and existing industrial sites as centers for employment. b. The County and the Cities shall encourage the full utilization/development of designated industrial and commercial areas. The County and the Cities shall promote revitalization within existing developed industrial and commercial areas to take advantage of the significant investments in existing buildings and infrastructure. c. The County and the Cities shall cooperate with tribes, ports, other special districts, and all economic development interests to identify the capital facility needs to support economic development and should identify necessary funding sources. d. The County and the Cities shall collaborate with tribes, ports, and other special districts to identify innovative development methods such as public and private partnerships and community development assistance financing to increase economic vitality. e. The County and the Cities shall collaborate with the KEDA and the Ports to establish a common method to monitor the supply of designated commercial and industrial sites and to ensure adequate land supply for the expansion of existing enterprises and the establishment of new economic enterprises. The monitoring method shall indicate environmental constraints, infrastructure availability and capacity, and shall use the Kitsap County Geographic Information System and Land Capacity Analysis as a regional database for this information. f. The County and the Cities shall establish common infrastructure policy and standards, including telecommunications infrastructure. g. The County, Cities and KEDA shall collaborate to identify opportunities that favor local suppliers for goods and services. 3. The Kitsap Regional Coordinating Council shall coordinate the development of land supply monitoring methods, common infrastructure policy and standards, and other strategies among the County, the Cities, Tribes, Ports, and other special districts to encourage economic development in Kitsap County: a. The County and the Cities shall each establish and monitor a development review process that is timely, predictable, efficient, fair, and consistent. b. Where more than one jurisdiction is involved in planning and permitting a business development, the jurisdictions shall work collaboratively to provide consistent development regulations and permitting. c. The County and the Cities shall encourage small business enterprises and cottage industries, and allow appropriate and traditional home occupations as permitted by local regulations. CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 37 Element K. An Analysis of the Fiscal Impact In order to preserve and maintain the community’s quality of life and level of government services, jurisdictions are expected to fully evaluate their financial capacity to provide the full range of urban services (as described in Element B – 3[j]) within designated Urban Growth Areas. Policies for Analysis of Fiscal Impact (FI): 1. The Countywide Planning Policies recognize three opportunities for jurisdictions to consider and plan for urban-level infrastructure and services: a. During each jurisdiction’s comprehensive plan amendments, through the Capital Facilities Plan, including sub-area plans, Urban Growth Area boundary changes, incorporations, partial dis-incorporations, proposed new fully contained communities and master planned resorts. b. At the point where a jurisdiction is comparing and analyzing geographic areas for possible expansion of its Urban Growth Area (as described in Element B – 3[j]). c. As part of the development of the Urban Growth Area Management Agreement (see Element B-4 [d] and Appendix C). These analyses and plans should identify infrastructure and service costs as well as the anticipated revenues to support them. 2. Special districts should be included in planning for the provision of urban level services in Urban Growth Areas and should include future population growth in their plans. 3. The Kitsap Regional Coordinating Council shall facilitate on-going regional discussion of infrastructure and service delivery strategies (see Element F-1 [c]) and revenue equity issues (see Element F-3 [c]). CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 38 Element L. Coordination with Tribal Governments The Suquamish Tribe, the Port Gamble S’Klallam Tribe, and other federally recognized Indian tribes have reservations and/or trust resources within Kitsap County, Washington. These tribes are parties to treaties with the United States Government through which certain rights and privileges both on and off reservation were articulated and remain in effect. These tribes have authorities, responsibilities, interests and treaty rights within their respective reservation boundaries and Usual and Accustomed Areas. Since future growth and land use decisions in Kitsap County affect all governmental entities, governmental agencies must be well informed and continuously involved in regional and local planning. Policies for Coordination with Tribal Governments (CT): 1. Meaningful and substantial opportunities for early and continuous tribal government participation shall be incorporated into regional and local planning activities. 2. Local jurisdictions should work with the tribes to develop agreements that provide for discussion on comprehensive planning issues among governments and ensure that the tribes are consulted on issues within their interest. The parties will jointly determine the appropriate contents of the agreements and a schedule for completing them. 3. Tribal governments, federal agencies, and county and local governments are encouraged to coordinate plans among and between governments and agencies to address substantive areas of mutual interest especially where geographical areas overlay and promote complementary and cooperative efforts. 4. City and County governments are encouraged to include Tribal governments in joint comprehensive planning and development activities for areas within the Tribes’ Usual and Accustomed areas. Activities include but are not limited to the establishment and revision of urban growth boundaries, distribution of forecasted population; regional transportation, capital facility, housing and utility plans; and policies that may affect natural and/or cultural resources. 5. All County, City, and Tribal government agencies shall be included in the normal public notice and comment procedures of other agencies and kept informed of matters of interest to them. 6. The County, the Cities, and Tribal governmental agencies are encouraged to keep one another informed about matters of local and regional interest by mutually agreeable means and schedule. CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 39 Element M. Coordination with Federal Government including Navy The federal government has unique authorities, responsibilities, interests affecting land use and other activities. Military installations are of particular importance to the economic health of Washington State, as well as to national security. Since the impacts of future growth and development in Kitsap County affect all governmental entities, governmental agencies must be well informed and continuously involved in regional and local planning. Policies for Coordination with Federal Government (CF): 1. Meaningful and substantial opportunities for early and continuous federal government participation shall be incorporated into regional and local planning activities. 2. It is recognized that constitutional and statutory provisions may constrain federal government agencies from entering into local agreements and processes. However, when possible, the County, the Cities, and federal governments should establish intergovernmental cooperative agreements promoting coordination and involvement in activities that are of mutual interest. 3. Federal agencies and county and local governments are encouraged to coordinate plans among and between governments and agencies to make plans as consistent and compatible as possible for properties over which they have authority or activities they authorize and the adjacent areas affected. 4. Federal government agencies are encouraged to participate in City, County, and joint comprehensive planning and development activities that may affect them, including the establishment and revision of urban growth areas encompassing, adjacent to or within federally-owned lands; distribution of forecasted population; regional transportation, capital facility, housing and utility plans; and policies that may affect natural and/or cultural resources of interest. 5. The following policies relate to promoting coordination among the Cities, County, and the federal government including the Navy: a. All jurisdictions should promote planning that considers the impact of new growth to avoid the potential for encroachment on military readiness activities as described below when developing zoning ordinances or designating land uses affecting military facilities. Each jurisdiction and the Navy should coordinate to identify the types of development and areas of interest to the Navy, method of notice, and opportunities for comment. b. "Military readiness activities" mean all of the following: i. Training, support, and operations that prepare the men and women of the military and Naval ships and submarines for combat. ii. Operation, maintenance, and security of any military installation. iii. Testing of military equipment, vehicles, weapons, and sensors for proper operation or suitability for combat use. c. “Impacts” include but are not limited to: i. Aircraft, boat, and rail traffic. ii. Incompatible adjacent land uses. CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 40 d. Through the Kitsap Regional Coordinating Council, jurisdictions should monitor issues that arise in implementing these policies, and should identify areas for improved coordination. 6. All County, City, and federal governmental agencies shall be included in the normal public notice and comment procedures of other agencies and kept informed of matters of interest to them. (RCW 36.70A.530) 7. The County, the Cities, and federal governmental agencies are encouraged to keep one another informed of matters of local and regional interest by mutually agreeable means and schedule. CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 41 Element N. Roles and Responsibilities The County, Cities, Tribal governments, and special districts are all involved in planning activities related to their statutory authority and responsibility. In addition to the responsibilities defined in previous countywide planning policies, this section further clarifies the planning roles and responsibilities of the Kitsap Regional Coordinating Council and member agencies. Policies for Roles and Responsibilities (RR): 1. The KITSAP REGIONAL COORDINATING COUNCIL was established by interlocal agreement (see Appendix E) to assure coordination, consensus, consistency, and compliance in the implementation of the Growth Management Act and comprehensive planning by County, city and tribal governments within Kitsap County. The Kitsap Regional Coordinating Council also provides a voice for all jurisdictions and opportunity for citizens and stakeholders to provide input to planning policies to be applied countywide. The interlocal agreement adopted by the County, the Cities and the Tribal governments declared that the Kitsap Regional Coordinating Council is necessary to maintain a regular intergovernmental communication network for all local and tribal governments within the county, facilitate compliance with the coordination and consistency requirements of the Growth Management Act, provide an effective vehicle to resolve conflict among and/or between jurisdictions with respect to urban growth boundaries or comprehensive plan consistency, and to build consensus on planning solutions for countywide growth management issues. The Kitsap Regional Coordinating Council shall: a. Submit agreed-upon recommendations on behalf of member jurisdictions to multi-county regional agencies and State government on proposed changes to multi-county regional plans, State plans, and laws. b. Provide a forum, as necessary, for achieving coordination in the development of local plans and resolving planning and plan implementation issues that are common among jurisdictions. c. Promote coordination and consistency among local plans and between local plans and the Countywide Planning Policies and the Growth Management Act to the extent necessary to achieve regional policies and objectives. Through the Kitsap Regional Coordinating Council forum, jurisdictions should establish a process to monitor and review individual comprehensive plans and associated implementation mechanisms to determine consistency with the Countywide Planning Policies. d. Serve as a forum for resolving disputes locally. The process shall not preclude appeals to the Central Puget Sound Growth Planning Hearings Board if the local process has been exhausted without resolution of the dispute. e. Promote coordination of educational programs and the dissemination of planning-related information of regional interest. f. Coordinate the review, revision and monitoring of the Countywide Planning Policies. g. Apply for grants and administer contracts relative to regional tasks and plans. CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 42 h. Conduct the region-wide growth management planning consistent with these policies. i. Initiate and coordinate the development of other regional planning policies and implementation mechanisms that may improve the effectiveness of the comprehensive planning process. j. Define and implement procedures that assure opportunities for early and continuous public involvement in policy discussions facilitated by the Kitsap Regional Coordinating Council. 2. KITSAP COUNTY is the regional government within the county boundaries providing various services within unincorporated and incorporated areas as required and specified by law and by legal agreements. Kitsap County shall: a. Be responsible for the development, adoption and implementation of comprehensive plans and development regulations and the processing of land use permits for the unincorporated portions of the county. b. Be responsible for coordinating water quality planning in multi-jurisdictional watersheds and for other environmental planning activities as agreed to by all affected and interested jurisdictions. c. Be responsible for coordinating the response on the listing for the federal Endangered Species Act in multi-jurisdictional watersheds as agreed by all affected and interested jurisdictions. d. Be responsible for being a regional sewer provider to the unincorporated areas of Kitsap County as needed to improve water quality consistent with levels of service outlined in the County Comprehensive Plan. e. Maintain a geographic information system to serve as a regional planning data base. f. Execute Urban Growth Area Management Agreements with each city to address joint issues identified in the Countywide Planning Policies and other matters agreed to be of mutual interest. g. Define and implement procedures that assure opportunities for early and continuous public involvement throughout short and long range planning projects. 3. CITIES within Kitsap County provide a variety of services primarily to residents within their respective municipal boundaries. Cities shall: a. Provide urban governmental services as identified in the Growth Management Act (Chapter 36.70A RCW) and adopted urban growth management agreements. b. Be responsible for the development, adoption and implementation of comprehensive plans and development regulations and the processing of land use permits within the incorporated portion of the respective city. c. Participate with other agencies in multi-jurisdictional planning activities including but not limited to environmental planning, e.g. water quality planning and coordinating the response on the listing for the Federal Endangered Species Act in multi-jurisdictional watersheds transportation planning, and growth management strategies. CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 43 d. Execute a separate Urban Growth Area Management Agreement with Kitsap County to address joint issues identified in the Countywide Planning Policies and other matters agreed to be of mutual interest. e. Define and implement procedures that assure opportunities for early and continuous public involvement throughout short and long range planning projects. 4. SPECIAL DISTRICTS are governmental subdivisions of the county that are usually established to provide a defined scope of services. Special districts shall: a. Be responsible for service provision, capital facility planning and other activities as authorized by law and legal agreements. b. Coordinate capital planning and implementation strategies with local governments to assure consistency with comprehensive plan policies, the Countywide Planning Policies, and the WA State Growth Management Act; c. Participate in service provision identification required in each urban growth management agreement; d. Coordinate with other agencies as appropriate in multi-jurisdictional planning activities; e. Provide technical assistance as appropriate to assist local governments in comprehensive plan development, adoption and implementation; f. Encourage cooperative agreements and consolidate when possible to formalize participation in local and regional processes; g. Define and implement procedures that assure opportunities for early and continuous public involvement throughout short and long range planning projects. h. Site and size facilities consistent with local plans. 5. The County and Cities shall coordinate with the County Department of Emergency Management to ensure the integrity of the National Incident Management system and coordinated response in the event of disasters and other emergencies. CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 a Appendix A: Kitsap Countywide Planning Policy Ratification Process County, City, & Tribal Councils review possible revisions to the CPP’s Draft Revisions through Planning Directors The Kitsap Regional Coordinating Council Board Adopt and Recommend CPPs • Discuss CPP’s • Release draft for Public Comment • Public Hearing • Discuss CPP’s • Recommend to County, Cities, & Tribes Kitsap County Adoption by Ordinance • SEPA Review • Kitsap County Public Hearing • Kitsap County Ordinance (may change document) City & Tribal Councils Ratify • Resolution to Ratify (Within 90 days of County Ordinance) Yes No • No Resolution: abstention If 2+ Cities don’t Ratify or Abstain: to KRCC for further discussion County Ordinance Takes Effect Begin 60 day City/State Appeal Period to GMHB Estimated 2 Months Estimated 3 Months Up to 3 Months 60 days 3+ Cities Ratify Note that the Kitsap Regional Coordinating Council anticipates refinements to this process over time. CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011 November 14, 2011 c Appendix B: Population Distribution 2005 - 2025 Population Distribution 2005 through 2025 2000 Population Through 2025 + New Population = Total in 2025 Annual Growth Rate Bremerton City 2 37,259 14,759 52,017 1.34% East UGA 1 5,412 2,210 7,622 1.38% West UGA 1 3,229 2,017 5,246 1.96% Bremerton Port UGA 2 68 -68 0 -100.00% Central Kitsap UGA 1 21,743 8,733 30,476 1.36% Gorst UGA 1 154 73 227 1.56% Silverdale UGA 1 15,276 8,059 23,335 1.71% Bainbridge Island City 2 20,308 8,352 28,660 1.39% Kingston UGA 3 1,871 3,135 5,006 4.02% Poulsbo City 2 6,813 3,739 10,552 1.77% UGA 2 901 3,355 4,256 6.41% Port Orchard City 2 7,693 3,600 11,293 1.55% UGA 2 11,570 3,375 14,945 1.03% Port Orchard UGA Expansion Study Area 3 0 6,334 6,334 South Kitsap UGA: 2 1,241 8,024 9,265 8.37% UGA Population 133,537 58% 75,697 76% 209,234 63% 1.81% Non-UGA Population 98,432 42% 23,905 24% 122,337 37% 0.87% Total County Population 231,969 99,602 331,571 1.44% OFM Projection through 2025 Low 268,573 0.59% Intermediate 331,571 1.44% High 412,391 2.33% Kitsap County Historical Growth 1 Based on PSRC Model 2 Based on City and/or County Comprehensive or Sub-area planning 3 Target to be substantiated by further analysis and/or Sub-area planning 4 Office of Financial Management official estimate US Census Annual Growth Rate 1960 84,176 1970 101,732 1.91% 1980 147,152 3.76% 1990 189,731 2.57% 2000 231,969 2.03% 20044 239,500 0.80% Note: Population Banking as described in Kitsap County’s Updated Comprehensive Plan LU-13 applies to the potential need in specific UGA’s (e.g. Central Kitsap) to work with adjacent Cities to resolve unmet population growth targets through an UGAMA or to re-allocate population to other UGA’s over time, through the Kitsap Regional Coordinating Council Population distribution will be reviewed through the Kitsap Regional Coordinating Council process every five years. The review will include an analysis of the Cities’ and County’s progress in achieving target distributions. If the 76% UGA target mentioned above for new population growth and the overall population targets are met or exceeded, the target for new population will revert to five sixths (83%), as per the revised County-wide Planning Policies adopted by Kitsap County Ordinance #258-01 on August 20, 2001. Otherwise, the target may be reaffirmed or explicitly modified. CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011 November 14, 2011 c Appendix B: Population Distribution Through 2035 Jurisdiction Census 2010 1 Population Growth 2 2035 Targets 3 City of Bremerton 37,729 14,288 52,017 Bremerton UGA 9,082 4,013 13,095 Total Bremerton 46,811 18,301 65,112 City of Bainbridge Island 23,025 5,635 28,660 City of Port Orchard 12,323 8,235 20,558 Port Orchard UGA 15,044 6,235 21,279 Total Port Orchard 27,367 14,470 41,837 City of Poulsbo 9,222 1,330 10,552 Poulsbo UGA 478 3,778 4,256 Total Poulsbo 9,700 5,108 14,808 Central Kitsap UGA 22,712 7,764 30,476 Silverdale UGA 17,556 5,779 23,335 Kingston UGA 2,074 2,932 5,006 UGA (Includes Cities) Total 145,434 63,800 209,234 Rural Non-UGA 105,699 16,638 122,337 Total County 251,133 80,438 331,571 1 2010 Census data reflects incorporated city and UGA boundaries as of August 31, 2012 2 Population growth reflects new residents through the 2035 planning horizon 3 Changes in city or UGA boundaries during the planning horizon may affect the population distributions. This table may be updated periodically to reflect such changes. These updates do not constitute policy changes to the CPP's and will not require adoption and ratification by member agencies. CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011 November 14, 2011 c Appendix C: Urban Growth Area Management Agreements The intent of the Urban Growth Area Management Agreement is to facilitate and encourage annexation and/or incorporation of urban areas over the 20 year planning period and to ensure compatibility of development within the unincorporated Urban Growth Area. Each Urban Growth Area Management Agreement shall: 1. Describe the goals and procedures of the joint planning process including roles and responsibilities for the unincorporated Urban Growth Area, with the goal of having compatible City and County plans, zoning, and development regulations. The following provisions should apply to the entire Urban Growth Area associated with the City unless mutually agreed otherwise by the City and County: a. The City’s zoning code, densities, and development, sub-division, environmental, and construction standards. b. The City’s Levels of Service. c. The Comprehensive Plan of the City should reflect land use planning for the entire Urban Growth Area. 2. Identify responsibility and mechanisms for comprehensive plan amendments, zoning changes and development applications within unincorporated Urban Growth Areas. Significant weight should be given to City preferences. 3. Identify services to be provided in the Urban Growth Area, the responsible service purveyors, and the terms under which the services shall be provided, including: Fire Storm Water Solid Waste Police Potable Water Park & Recreation Facilities Transportation Sewer Schools Utilities: Power and Telecommunications, including broadband where available EMS All service providers, including special districts, and adjacent jurisdictions should be included in Urban Growth Area planning. 4. Reference the adopted Revenue Sharing Inter-local Agreement, as appropriate (see Appendix D). 5. Develop pre-annexation plans, which shall include: a. Conditioning City service extensions upon actual annexation for properties contiguous to the City boundary or to agreements of no protest to future annexation for properties not contiguous. b. Offering pre-annexation agreements to property owners interested in annexation and needing assurances from the City about services, planning, or other issues. c. Plans for tiering and/or phasing of infrastructure development, appropriate to the individual Urban Growth Area. d. City priorities for City-led annexation efforts as appropriate. 6. Describe the development and implementation of a public involvement program that identifies roles and responsibilities for respective jurisdictions, including actions and timeline. 7. Be reflected in County and City Comprehensive plans. CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011 November 14, 2011 d Appendix D Interlocal Agreement Between Kitsap County and the City of Bainbridge Island, City of Bremerton, City of Port Orchard and City of Poulsbo Concerning Revenue Sharing Upon Annexation and In Conjunction With Major Land Use Decisions Within a City’s Urban Growth Area Adopted by all parties in November-December, 2001. Effective November 24, 2010, the City of Port Orchard is officially withdrawn from this agreement. Effective November 29, 2011, the City of Bremerton is officially withdrawn from this agreement. This Agreement, made pursuant to Chapter 39.34 RCW, is between KITSAP COUNTY (hereinafter, the County), a political subdivision of the State of Washington, and the CITY OF BAINBRIDGE ISLAND, the CITY OF BREMERTON, the CITY OF PORT ORCHARD, and the CITY OF POULSBO, (hereinafter, the Cities), municipal subdivisions of the State of Washington. WHEREAS, through the Kitsap Regional Coordinating Council, the County and the Cities have worked together constructively on revenue sharing issues that in the past have been adversarial; and WHEREAS, the County and Cities sought a balanced set of revenue sharing provisions that would benefit both the County and the Cities and support the orderly evolution of logical land use patterns and jurisdictional boundaries; and WHEREAS, the County and Cities reached accord on a set of Principles of Agreement for Revenue Sharing in Annexations and in Major Land Use Decisions; and WHEREAS, the County and Cities desire to implement the Principles of Agreement through an interlocal agreement; NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions contained herein, the parties agree as follows: SECTION 1 ANNEXATIONS The purpose of this section is to provide a framework for logical and orderly annexations that are consistent with the Growth Management Act, Chapter 36.70A RCW (hereinafter GMA), and to mitigate the fiscal impact to the County of annexations initiated after the effective date of this agreement. 1.1 The Cities each confirm their willingness to eventually annex all land within their designated Urban Growth Area (hereinafter UGA) boundaries. 1.2 Each City shall encourage annexation of all lands equally, and will support logical and coordinated annexations, consistent with the intent of the GMA. 1.3 As part of the Kitsap Regional Coordinating Council’s 2002 Work Program, the County and Cities will continue to address coordinated development within the UGAs, including infrastructure standards and funding. 1.4 Before the County constructs a major infrastructure improvement within a City’s designated UGA, the County and the City will negotiate and execute an interlocal agreement that specifies the level at which the City shall reimburse the County for a portion of its investment in the infrastructure improvement if the area where the improvement is to be located is annexed within a specified period of time. CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011 November 14, 2011 d 1.5 The County and the Cities anticipate that each specific proposed annexation will require negotiation of other issues particular to its time, place and geography. The Cities and the County commit to completing these negotiations and executing an interlocal agreement on such issues in a timely manner. 1.6 As part of this agreement, the County will not oppose annexations within that City’s designated UGA or invite the Boundary Review Board to invoke jurisdiction. 1.7 The Cities agree to share with the County revenue lost to the County and gained by the annexing City as follows: A. Revenue sharing payments shall be based on the following three sources of revenue: 1. The County’s portion of the local retail sales tax levied under Chapter 82.14 RCW. 2. The ad valorem property tax levied by the County pursuant to RCW 36.82.040 for establishment and maintenance of county transportation systems. 3. The admission tax levied by the County pursuant to Chapter 36.38 RCW. B. For purposes of this Section, “lost revenue” means an amount computed as follows: The combined total of the County’s collections from all three sources within the annexation area during the calendar year preceding annexation minus The combined total of the County’s collections from all three sources within the annexation area during the first full calendar year following annexation. C. The amount of the payment from the City to the County will be based on a three-year “soft landing” approach as follows: 1. The Year 1 payment will be equal to 75% of the County’s lost revenue. 2. The Year 2 payment will be equal to 50% of the County’s lost revenue. 3. The Year 3 payment will be equal to 25% of the County’s lost revenue. D. The calculation of lost revenue pursuant to subsection B of this Section requires revenue data for one full year following annexation. Therefore, the County shall initiate a request for payment under this Section by written notice to the annexing City within two years of the effective date of the annexation. SECTION 2 MAJOR LAND USE ACTIONS The purpose of this section is to recognize that retail development near jurisdictional boundaries has an impact on neighboring jurisdictions and, in particular, on existing businesses and the demand for public services and facilities. This Section is designed to mitigate these impacts by providing that sales tax revenues from new major business development within a City’s designated UGA, or from the CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011 November 14, 2011 d relocation of an existing major business from a City to a location within the City’s designated UGA, will be shared with the affected City. 2.1 For purposes of this Agreement, “major land use” means: A. A new development within a City’s designated UGA that houses any single retail tenant greater than 40,000 square feet. B. The expansion of an existing retail business within the City’s designated UGA if the expansion is greater than 40,000 square feet. C. A retail business greater than 25,000 square feet that is relocated from a City to the City’s designated UGA. Or D. An automobile, truck, recreational vehicle, manufactured or mobile home, or boat dealership, regardless of the size of the building permitted, that is newly located within a City’s designated UGA, or relocated from a City to the City’s designated UGA. 2.2 The County agrees to share with the affected City revenue lost to the City and gained by the County due to a major land use, as follows: A. Revenue sharing payments will be required only for local retail sales tax revenues generated from major land uses. Because there are limitations, related to confidentiality, on using a figure based on actual sales tax collections from the new or relocated business, the revenue sharing payment will be based on estimated sales tax revenues derived by using industry standards, such as the Washington State Department of Revenue or the Urban Land Institute, for taxable retail sales per square foot for businesses. B. For purposes of this Section, “lost revenue” means an amount computed as follows: Total gross enclosed building square footage of the major land use x Industry standard annual average retail sales per square foot for category of business that most closely resembles the major land use x Tax rate levied under Chapter 82.14 RCW for the first full calendar year following the date on which the County issues a certificate of occupancy for the major land use. C. The County will make revenue sharing payments for the first full three years after the major land use receives a certificate of occupancy. D. The revenue sharing payment from the County to the affected City will be calculated according to the following formulas: 1. For the relocation of a major retail business from a City to the City’s designated UGA: a. The Year 1 payment will be equal to 75% of the City’s lost revenue; b. The Year 2 payment will be equal to 50% of the City’s lost revenue; and CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011 November 14, 2011 d c. The Year 3 payment will be equal to 25% of the City’s lost revenue. 2. For new development within a City’s designated UGA that houses any single retail tenant greater than 40,000 square feet, the payment amount will be 50% of the City’s estimated lost revenue each year for the first three years. F. The calculation of lost revenue pursuant to subsection B of this Section requires revenue data for one full year following issuance of a certificate of occupancy. Therefore, the affected City shall initiate a request for payment under this Section by written notice to the County within two years of the date the major land use receives the County’s permission to occupy the building. SECTION 3 MISCELLANEOUS 3.1 Duration. This Agreement will remain in effect until the terms of the Agreement are fulfilled. There is no other term agreed to by the parties 3.2 Reevaluation. Any City or the County may request immediate reevaluation of this Agreement by the Kitsap Regional Coordinating Council Revenue Sharing Policy Committee. If the reevaluation fails to yield a resolution satisfactory to the requesting party within six months from the date the request for reevaluation was made, the requesting party may initiate the process for termination provided in this Agreement. 3.3 Termination. After completion of the Reevaluation process required by this Agreement, a party may terminate this Agreement by 12 months’ written notice to the other parties. Termination does not extinguish the obligations of the terminating party under this Agreement for annexations initiated, or major land uses for which an application is filed, prior to the effective date of termination. 3.4 Filing. When fully executed, this Agreement shall be filed with the Kitsap County Auditor. 3.5 Notices. Any notices required by this Agreement shall be delivered, or mailed postage prepaid, and addressed to: Kitsap County City of Bainbridge Island City of Bremerton Clerk to the Board City Clerk City Clerk Office of the Kitsap County City of Bainbridge Island City of Bremerton Board of Commissioners 280 Madison Avenue N. 345 6th Street, Suite 600 614 Division Street Bainbridge Island, WA98110 Bremerton, WA98337 Mail stop 4 Port Orchard, WA98366 City of Port Orchard City of Poulsbo Kitsap Regional Coordinating Council City Clerk Mayor Chair City of Port Orchard City of Poulsbo Kitsap Regional Coordinating Council 216 Prospect Street 200 NE Moe Street P.O. Box 1934 Port Orchard, WA98366 Poulsbo, WA98370 Kingston, WA98346 3.6 Administration. As this Agreement contemplates no joint or cooperative undertaking, each party shall administer the Agreement as to its own responsibilities under the Agreement. The CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011 November 14, 2011 d Kitsap Regional Coordinating Council shall oversee the revenue sharing process provided for in this Agreement. 3.7 Reporting. The County and the Cities shall report to the Kitsap Regional Coordinating Council at the start of each calendar year any payments made or received by the reporting jurisdiction pursuant to this Agreement during the preceding calendar year. 3.8 Waiver. The failure by the County or any City to enforce any term or condition of this Agreement shall not be construed to constitute a waiver of any other term or condition, or of any subsequent breach of any provision, of this Agreement. 3.9 Entire Agreement. This Agreement includes the entire agreement of the parties with respect to any matter addressed in this Agreement 3.10 Amendment. This Agreement may be amended only upon the written agreement of the parties made with the same formalities as those required for its original execution. 3.11. Countywide Planning Policy. To the extent that anything in this Agreement may be found to be inconsistent with any part of the Kitsap County-wide Planning Policy, the County and City in 2002 will review the applicable parts of the County-wide Planning Policy and revise them in accordance with this Agreement. 3.12 Review. The County and the Cities shall review this Agreement within the Kitsap Regional Coordinating Council in December of 2003, and every five years thereafter. 3.13 Effective Date. This Agreement shall take effect retroactively to September 4, 2001, as this date has been expressly agreed upon by all the parties. CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 e Appendix E: Interlocal Agreement Establishing the Kitsap Regional Coordinating Council THIS AGREEMENT is made and entered into by and between the undersigned members of the Kitsap Regional Coordinating Council, pursuant to provisions of the Inter-local Cooperation Act of 1967, Chapter 39.34 RCW. WHEREAS, the undersigned members recognize the need and desirability to participate in a forum for intergovernmental coordination, cooperation, and consultation among member agencies in order to bring about a continuous and comprehensive regional planning process and efficient service delivery; and WHEREAS, the undersigned members desire jointly to undertake continuous cooperative regional development, land use, housing, capital facility, service, and transportation planning; and WHEREAS, it is the belief of the undersigned members that regional deliberations, planning, and review should be accomplished whenever possible by all jurisdictions affected and should receive policy direction from all local general purpose and tribal governments; THEREFORE, in consideration of mutual promises and covenants herein it is hereby agreed: 1. DEFINITIONS: For the purpose of this Inter-local Agreement and all other agreements, contracts, and documents executed, adopted, or approved pursuant to this agreement, the following terms have the meaning prescribed to them in this section unless the context of their use dictates otherwise: a. “Member agency” means any public body which is a party or becomes a party to this inter-local agreement and is a County, City, or federally-recognized Tribal government within the region; b. “State” means the State of Washington; c. “Region” means the territory physically lying within the boundaries of Kitsap County; d. “Council” means the body of local and tribal elected officials designated in accord with the By-laws of the Kitsap Regional Coordinating Council to represent member agencies to carry out all delegated powers and managerial and administrative responsibilities of the Kitsap Regional Coordinating Council; e. “Majority vote” means more than one-half of the votes cast when a quorum is present and must include a majority of votes from County representatives and a majority of votes from the representatives of at least two separate cities. 2. ORGANIZATION – COMPOSITION AND NATURE: The undersigned member agencies constitute the Council: Kitsap County, City of Bainbridge Island, City of Bremerton, City of Port Orchard, City of Poulsbo, the Port Gamble S’Klallam Tribe and the Suquamish Tribe. Management of the Council is structured as provided herein and by the Council Bylaws. Adopted by Kitsap County and all four cities 3/21-6/20/01 CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 e 3. AUTHORITY AND PURPOSES: The Council has the following authorities and purposes: a. To provide a regional forum for deliberations and cooperative decision-making by the region’s elected officials in order to bring about a continuous and comprehensive planning process. b. To foster cooperation and mediate differences among governments throughout the region. c. To coordinate actions to provide for a sustainable economy and environment for the region. d. To carry out such other planning and coordinating activities authorized by majority vote of the Council including participation in other forums and organizations. e. To provide for administrative services necessary and incidental to the aforementioned Council activities. 4. FINANCING: The Council receives funds from each member agency as provided by the Bylaws and from other available funding sources. The Council may apply for funding of any nature as may become available to assist the Council in carrying out its purposes and functions. 5. FISCAL YEAR AND BUDGET: The fiscal year coincides with the calendar year. The Council adopts an annual work program and budget in advance of each fiscal year that identifies anticipated activities, goals, revenues, and expenditures for completing the work program. A draft work program and budget is prepared by the Executive Committee established by the By-laws of the Council and is submitted for consideration and approval by the full Council. After the Council has approved the final budget it is forwarded to the County for inclusion as a distinct agency fund within the Kitsap County Budget. No increase or decrease to the final budget shall occur without the approval of the Council. 6. WITHDRAWAL FROM AGREEMENT: Any member agency has the right to withdraw from this Inter-local Agreement by giving the Council six (6) months prior written notice. Unless otherwise provided by future agreement, any member agency that withdraws shall remain responsible for its financial and other obligations with regard to Council activities until the effective date of withdrawal and with regard to agreements to which the Council is a party and which exist at the time of such notice of withdrawal. Withdrawal by one member agency to this Inter-local Agreement shall not terminate the agreement as to any other remaining member agencies. 7. DISPOSAL OF ASSETS: Upon termination of this agreement any Council assets, after payment of all liabilities, costs, expenses, and charges validly incurred under this agreement, shall be distributed to all contributing member agencies in proportion to their contribution determined at the time of termination. The debts, liabilities, and obligations of the Council shall not constitute a debt, liability, or obligation of any member agency. CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 e KITSAP REGIONAL COORDINATING COUNCIL INTERLOCAL AGREEMENT THIS AGREEMENT is made and entered into by and between the undersigned parties pursuant to provisions of the Interlocal Cooperation Act of 1967, Chapter 39.34 RCW. WHEREAS, the undersigned members recognize the need and desirability to participate in a forum for intergovernmental coordination, cooperation, and consultation among member agencies in order to bring about a continuous and comprehensive regional planning process and efficient service delivery; and WHEREAS, the undersigned members desire jointly to undertake continuous, cooperative study and planning of regional and governmental issues of mutual interest, including but not limited to development, land use, housing, capital facilities, service, utilities, finances, public buildings, water supply, water distribution and drainage, air and water pollution, parks and recreation, transportation planning, and economic development; and WHEREAS, it is the belief of the undersigned members that regional deliberations, planning, and review can best be achieved with the creation of a separate legal entity whose function and activities are subject to policy direction from the undersigned member agencies according to the provisions of this Agreement; and WHEREAS, the State Growth Management Act (GMA) requires local jurisdictions to coordinate and ensure consistency when developing comprehensive land use plans and the undersigned members desire to establish the Kitsap Regional Coordinating Council as a separate legal entity to facilitate coordination and consistency of comprehensive land use plans as required by the GMA; and WHEREAS, the undersigned members desire to use the Kitsap Regional Coordinating Council for developing County- wide Planning Policies (CPPs) under the GMA as a framework to guide Kitsap County and cities situated within the County in developing their comprehensive land use plans. THEREFORE, in consideration of mutual promises and covenants herein it is hereby agreed: I. NAME This Agreement establishes the KITSAP REGIONAL COORDINATING COUNCIL (“Council”), a separate legal entity since 2001. II. DURATION The Agreement shall remain in force and effect perpetually or until terminated by majority vote of the member agencies. III. DEFINITIONS For the purpose of this Interlocal Agreement, the following terms have the meaning prescribed to them in this section unless the context of their use dictates otherwise: A. “Member agency” means a voting and dues paying municipal or other government entity located within Kitsap County which is a party to this Agreement. B. “State” means the State of Washington. C. “Region” means the territory physically lying within the boundaries of Kitsap County. D. “Kitsap Regional Coordinating Council” or “Council” means the separate legal entity established by this Agreement to represent member agencies to carry out those powers and managerial and administrative responsibilities delegated pursuant to the provisions of this Agreement. Adopted by Kitsap County, all four Cities and the Port of Bremerton: 11/22/12 – 02/14/13. Amendments to the 2001 ILA that established KRCC were made in 2006 and 2007. CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 e E. “Majority vote” means more than one-half of the votes cast when a quorum is present and must include a majority of votes from County commissioners and a majority of votes from the representatives of at least two separate cities. F. “Executive Board” shall mean the representatives of member agencies of the Kitsap Regional Coordinating Council identified in Article IV.B. of this Agreement. G. “Cost Allocation” means annual dues (the annual allocation among Member agencies of the cost of Council operations determined by the Executive Board for the purposes of calculating members’ obligations to contribute to the funding of Council operations for the year, and for the purposes of calculating obligations and distributions in the event of withdrawal or termination). H. “Ex Officio Member” means a non-voting, non-dues paying member of the Council. I. “Two-thirds majority vote” means a majority vote and also requires a majority of votes from County commissioners and a majority of votes from the representatives from at least two separate cities. J. “Associate Member” means a member of the Council which is not a party to this Agreement and who enters into a separate agreement with the Council that establishes the Associate Member’s level of participation in Council activities. IV. MEMBERSHIP AND REPRESENTATION A. Membership. Membership (except for Associate Members and Ex Officio Members) is established by execution of this Agreement and payment of any required cost allocation as established by the Executive Board. B. Executive Board. The Executive Board is comprised of the following representatives of member agencies: 1. County Government: three (3) members of the Kitsap County Board of Commissioners; 2. City Governments: a. The Mayor of each city having a population of 10,000 persons or less; b. The Mayor and one (1) member of the City Council of each city having a population between 10,001 persons and 30,000 persons; c. The Mayor and two (2) members of the City Council of each city having a population greater than 30,000 persons; d. A city with a Council/Manager form of government may select one (1) member of the City Council instead of a Mayor. The number of additional City Council members representing the city shall be as described in 2(a-c) above. 3. Port of Bremerton: one (1) representative consisting of a Port Commissioner. 4. City Council, and Port of Bremerton representatives may be selected by whatever means established by each specific member agency for a two (2) year term. C. The determination of the population of cities will be the most recent annual population estimate of cities and towns prepared by the Washington State Office of Financial Management. D. A municipal or government entity or a federally recognized Indian Tribe that desires to become a member of the Council must obtain permission to do so by majority vote of the Executive Board. The required permission applies to any entity that wishes to become a Member or Ex Officio Member. A municipal or government entity or a federally recognized Indian tribe that wishes to become an Associate Member must obtain permission to do so by a majority vote of the Executive Board, and must present a draft agreement for the Executive Board’s consideration, establishing the proposed terms, duties, powers and privileges for Associate Member status. CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 e V. POWER, AUTHORITY, AND PURPOSE This Agreement does not confer additional substantive powers or authorities on member agencies. The powers and authorities conferred herein are limited to the powers that each member agency is authorized by law to perform. The Council has the following power, authority, and purpose: A. Provide a regional forum for regional deliberations and cooperative decision-making by the region’s elected officials in order to bring about a continuous and comprehensive planning process, and foster cooperation and mediate differences among governments throughout the region. B. Consistent with the GMA, coordinate and ensure consistency when developing comprehensive land use plans. C. Consistent with the GMA, develop CPPs to be used as a framework to guide the County and the Cities in developing their comprehensive land use plans; D. Coordinate actions to provide for the distribution of state and federal grant funds, including but not limited to federal transportation funding, community development block grants, and low income housing grants. E. Undertake continuous, cooperative study and planning of regional and governmental problems of mutual interest, including but not limited to development, land use, housing, capital facilities, services, utilities, finances, public buildings, water supply, water distribution and drainage, air and water pollution, parks and recreation and transportation planning. F. Coordinate actions to provide for a sustainable economy and environment for the region. G. Carry out such other planning and coordinating activities authorized by majority vote of the Council including participation in other forums and organizations. H. Establish Bylaws, to be amended from time to time, that govern the procedures of the Council. The Bylaws, as may be amended, are incorporated into this Agreement by this reference as if fully set forth herein. I. Contract for administrative services and enter into other agreements as deemed appropriate and/or necessary to implement this Agreement. J. Purchase, receive, lease, take by gift, or otherwise acquire, own, hold, improve, use and otherwise deal in and with real or personal property, or any interest therein, in the name of the Council. K. Sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of its property and assets. L. Sue and be sued, complain and defend, in all courts of competent jurisdiction in the Council’s name. M. To engage in any other activity necessary to further the Council goals and purposes to the extent authorized by chapter 39.34 RCW. N. Apply for such federal, state, or private funding of any nature as may become available to assist the organization in carrying out its purposes and functions. O. Identify and examine issues such as governance, growth policies, development standards, service provision, revenue-cost sharing and municipal annexations in urban growth areas. P. Strive to represent the consensus of views on growth management and planning issues among member agencies. The Council makes recommendations on behalf of those jurisdictions to multi-county regional agencies and State government on behalf of member agencies, on proposed changes to multi-county regional plans, state plans and laws. Q. Represent the views or position of member agencies within the County on issues of consistency or the resolution of conflicts related to the multi-county regional growth strategy and transportation plan. CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 e R. Make appointments to committees and boards of multi-county regional organizations (e.g. Puget Sound Regional Council, Peninsula Regional Transportation Planning Organization) where appointments are requested to represent more than one member agency of the Council. Members appointed to such committees and boards shall represent the consensus of the views of the Council. If consensus is not reached on a particular issue, the members appointed to such committees and boards shall represent the majority and minority views of the Council, in order to accurately portray the status of discussions on that issue. S. Review this Interlocal Agreement no fewer than every 10 years with the assistance of legal counsel. VI. FINANCING A. Cost Allocation. All members shall pay the annual cost allocation as described in the Bylaws. If payment by a member is not paid timely after notice of the cost allocation is received, the member is subject to having its membership status revoked by majority vote of the Executive Board. B. Local Government Accounting. All services and transfers of property to the Kitsap Regional Coordinating Council shall be paid and accounted for in accordance with RCW 43.09.210. VII. FISCAL YEAR AND BUDGET A. The Fiscal Year. The fiscal year shall coincide with the calendar year. B. Adoption of Budget. By September of each year the Executive Board shall adopt a draft annual work program, budget, and cost allocation for the ensuing fiscal year that identifies anticipated activities, goals, revenues, and expenditures for completing the work program. The final work program, budget, and cost allocation for the ensuing year shall be adopted by the Executive Board no later than November of each year. No increase or decrease to the final budget shall occur without the approval of the Executive Board. C. Notice of Budget. On or before September 30, the Executive Board shall provide written notice of the ensuing year’s draft budget, work plan, and cost allocation to the designated representative(s) of each member agency. On or before November 30, the Executive Board shall provide written notice of the final budget, work plan, and cost allocation adopted for the ensuing fiscal year to the designated representative(s) of each member agency. D. Accounting, Budgeting, and Reporting. The Council shall be subject to the Budgeting Accounting & Reporting System (BARS) applicable to Category 1 local governments. E. Fiscal Agent. The Council may retain a fiscal agent. The fiscal agent may be a member agency who shall serve, and be subject to removal, pursuant to the terms and conditions as established by agreement between the fiscal agent and the Council. F. Contracting. All contracts made by or on behalf of the Council shall be in accordance with state law, including, but not limited to: Chapter 39.04 RCW, and Chapter 42.23 RCW, and Chapter 42.24 RCW. VIII. WITHDRAWAL FROM AGREEMENT Any member agency has the right to withdraw from this Interlocal Agreement by giving the Executive Board six (6) months prior written notice. Unless otherwise provided by future agreement, any member agency that withdraws shall remain responsible for its financial and other obligations with regard to Council activities until the effective date of withdrawal and with regard to agreements to which the Council is a party and which exist at the time of such notice of withdrawal. Withdrawal by one member agency to this Interlocal Agreement shall not terminate the Agreement as to any other remaining member agencies. Except as provided in Article IX of this Agreement, any member agency that withdraws from this Agreement forfeits any rights it may have to the Council’s assets; provided, however, such forfeiture shall not take effect if the Council dissolves within one (1) year of the date of the withdrawal notice. CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 e IX. DISPOSAL OF ASSETS Upon dissolution of the Council, any Council assets, after payment of all liabilities, costs, expenses, and charges validly incurred under this Agreement, shall be distributed to member agencies which are members of the Council on the date of dissolution. Distribution of assets shall be in proportion to the funding formula for cost allocation as described in the Bylaws, in accordance with Article VI.B. of the Agreement, and existing at the time of dissolution. The debts, liabilities, and obligations of the Council shall not constitute a debt, liability, or obligation of any member agency. If assets cannot reasonably be distributed in proportion to the funding formula, the Council shall declare the assets to be surplus, and shall offer the assets for sale according to the requirements of chapter 43.19 RCW, and shall distribute the proceeds from the sale in proportion to the funding formula established by the Executive Board in accordance with Article VI.B. of this Agreement. X. LIABILITY AND INSURANCE A. Any loss or liability to third parties resulting from negligent acts, errors, or omissions of the Council, Member agencies (excluding Associate Members), Ex Officio Members, and/or employees while acting within the scope of their authority under this Agreement shall be borne by the Council exclusively, and the Council shall defend such parties, at its cost, upon request by the member agency, ex officio agency, and/or employee. B. The Executive Board shall obtain commercial general liability, and auto liability insurance coverage for the Council, Executive Board, and any staff employed by the Council, at levels no less than $1 million single occurrence and $2 million aggregate for each type of liability that is insured. The policy shall name each member agency, and their respective elected officials, officers, agents, and employees as additional insured’s. The Executive Board shall annually evaluate the adequacy of the Council’s insurance coverage. C. The Executive Board shall require that all contractors and subcontractors utilized by the Council obtain insurance coverage consistent with Article X.B. XI. LEGAL REPRESENTATION The Council may retain legal counsel. Legal counsel may be an employee of a member agency, an outside entity, or an individual. In the event of a conflict of interest, the Council may retain substitute or additional legal counsel. Additionally, Council may retain outside legal counsel concerning any matter the Council deems appropriate. Retained counsel shall serve, and be subject to removal, pursuant to the terms and conditions established by agreement between legal counsel and the Council. An adjustment in cost allocation to Members will be made if the Council retains outside legal counsel. XII. ENTIRE AGREEMENT This Agreement supersedes all previous Kitsap Regional Coordinating Council interlocal agreements and all prior discussions, representations, contracts, and/or agreements between the parties relating to the subject matter of this Agreement and constitutes the entire contract between the parties. XIII. MODIFICATION Except as provided by Article XIX, the terms of this Agreement shall not be altered or modified unless agreed to in writing by all member agencies and such writing shall be executed with the same formalities as are required for the execution of this document. XIV. WAIVER The failure of any party to insist upon strict performance of any of the terms and conditions of this Agreement shall not be construed to be a waiver or relinquishment of same, but the same shall be and remain in full force and effect. XV. NOTICE Except as provided in Article XVIII of this Agreement, any notice required by this Agreement shall be made in writing to the representative(s) identified in Article IV.B. of this Agreement. Notice is effective on the third day following deposit with the U.S. Postal Service, regular mail. CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 e XVI. SEVERABILITY If any of the provisions of this Agreement are held illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. XVII. CHOICE OF LAW AND VENUE This Agreement shall be governed by the laws of the State of Washington, both as to its interpretation and performance. Any action at law, suit in equity, or other judicial proceeding arising in connection with this Agreement may be instituted and maintained only in a court of competent jurisdiction in Kitsap County, Washington. XVIII. CLAIMS A. Any claim for damages made under chapter 4.96 RCW shall be filed with the Chair of the Kitsap Regional Coordinating Council, c/o the Clerk of the Kitsap County Board of Commissioners, 614 Division Street, MS-4, Port Orchard, Washington, 98366. B. Upon receipt of a claim for damages, or any other claim, a copy of the claim will be provided by the Clerk of the Board to each member of the Executive Board. XIX. EXECUTION AND FILING A. Counterparts. The parties agree that there shall be multiple original signature pages of this Agreement distributed for signature by the necessary officials of the parties. Upon execution, the executed original signature pages of this Agreement shall be returned to the Clerk of the Kitsap County Board of Commissioners, who shall file an executed original of this Agreement with the Kitsap County Auditor. The Clerk of the Board shall distribute duplicate conformed copies of the Agreement to each of the parties. Parties that sign on as Members at a later date will provide original signature pages of this Agreement to the Clerk of the Kitsap County Board of Commissioners, who shall file the signature pages provided with the Kitsap County Auditor. The Clerk of the Board shall distribute duplicate conformed copies of the signature pages filed later, to each of the parties. Addition of parties at a later date will not constitute a modification under Section XIII of this Agreement. B. Later Approval and Filing. Later approval and filing of this Agreement by additional parties as set forth in Article IV, Section D, shall be deemed an authorized amendment to the Agreement already on file with the Kitsap County Auditor, without the need for reconsideration and approval by parties that have already approved and executed the Agreement. XX. EFFECTIVE DATE This Agreement shall go into effect among and between the parties upon its execution by all of the parties, as evidenced by the signatures and dates affixed below and upon its filing with the County Auditor as provided in Article XIX. CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 f Appendix F: Regional and Kitsap Designated Centers List Regional (Adopted by PSRC) City of Bremerton Metro Center Silverdale Urban Core Urban Center South Kitsap Industrial Area Industrial/Employment Center Jurisdiction Jurisdiction’s (Comp Plan) Designation KRCC Center Designation Kitsap County Kingston Town or City Center/Transportation Hub Kitsap County Southworth Transportation Hub Kitsap County Suquamish Activity/Employment Center∼ Transportation Hub City of Bremerton Harrison Employment Center Activity/Employment Center City of Bremerton NW Corporate Campus Employment Center Activity/Employment Center City of Bremerton Port Blakely Employment Center Activity/Employment Center City of Bremerton Upper Wheaton District Center Mixed Use Center/ Neighborhood City of Bremerton Lower Wheaton District Center Mixed Use Center/ Neighborhood City of Bremerton Sylvan/Pine Neighborhood Center Mixed Use Center/ Neighborhood City of Bremerton Perry Avenue Neighborhood Center Mixed Use Center/ Neighborhood City of Bremerton Manette Neighborhood Center Mixed Use Center/ Neighborhood City of Bremerton Charleston Neighborhood Center Mixed Use Center/ Neighborhood City of Bremerton Haddon Neighborhood Center Mixed Use Center/ Neighborhood City of Bainbridge Island Winslow Core Town or City Center City of Bainbridge Island Day Road Light Manufacturing Area Activity/Employment Center City of Bainbridge Island Lynnwood - Neighborhood Service Centers* Mixed Use Center/ Neighborhood City of Bainbridge Island Rolling Bay - Neighborhood Service Centers* Mixed Use Center/ Neighborhood City of Bainbridge Island Island Center - Neighborhood Service Centers* Mixed Use Center/ Neighborhood City of Poulsbo Poulsbo Town Center Town or City Center City of Poulsbo Olhava Mixed Use Center/ Neighborhood City of Port Orchard City of Port Orchard Town or City Center/ Transportation Hub City of Port Orchard Tremont Community Services Activity/Employment Center City of Port Orchard South Kitsap Mall – Mixed Use Center Mixed Use Center/ Neighborhood Kitsap Transit Historic Mosquito Fleet Terminals Transportation Hub *- Special Planning Areas Adopted 2004 CPP RATIFICATION RESOLUTION EXHIBIT A Adopted by Kitsap County Ordinance 476-2011as adopted Date of Adoption November 14, 2011 g Appendix G: Centers &Local Areas of More Intensive Rural Development (LAMIRD) Matrix Type of Growth UGA Criteria Apply (per GMA) Mixed Use: High Density Residential with Jobs Federal Funding Cycles PSRC- managed Transportation Funding : Centers & Corridors * Incorporated UGA Urban Yes Yes N/A Unincorporated UGA Urban Yes Yes N/A PSRC Centers: • Regional • Industrial/Employment Urban Yes Yes Regional Competitive & Countywide Kitsap Regional Coordinating Council Centers Countywide Town/City Center Urban Yes Yes Mixed Use/Neighborhood Urban Yes Yes Employment/Activity Urban if in UGA; Rural if outside UGA Limited if not in UGA Transportation Hubs Urban if in UGA; Rural if outside UGA Fully Contained Communities Urban Yes Yes Countywide if designated as Kitsap Center Master Planned Resorts Recreational No Limited Rural set-aside ** LAMIRDs In-fill Consistent with Existing Character No Limited to Existing density with no intensification of use Rural set-aside ** Industrial in Rural Employment/Activity Resource-based Industrial No No Rural set-aside ** Rural Non-urban Rural Character No No Rural set-aside ** Resource Lands No Residential Growth Limited No Rural set-aside ** * Non-motorized/Enhancement Transportation Funding can be used anywhere in Kitsap County. ** 10% each funding cycle, set by federal statute (1991). CPP RATIFICATION RESOLUTION EXHIBIT A AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. ______ Adopting the Shoreline Master Program Study Session Date: Nov. 13, 2013 COUNCIL MEETING Date: Nov. 20, 2013 Department: DCD Presenter: Nicole Floyd Phone: 360.473.5279 SUMMARY: The proposed ordinance adopts the Shoreline Master Program as previously approved by City Council in October 2012 by Resolution 3180. The Shoreline Master Program was forwarded to the Department of Ecology for review and approval. Ecology has recommended approval with specific required and recommended changes. The attached Ordinance embraces all recommended and required changes as seen in Attachment D. ATTACHMENTS: A. Department of Ecology’s Approval Letter B. Department of Ecology’s Required Changes C. Department of Ecology’s Recommended Changes D. Ordinance adopting the Shoreline Master Program (Shoreline Master Program is attached to Ordinance as Exhibit A) Available for viewing on the City of Bremerton’s Website at http://www.ci.bremerton.wa.us/display.php?id=936 Department of Community Development – “Shoreline Master Program” FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: ☐ No Presentation ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. _____ adopting the Shoreline Master Program. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/25/13 1 ATTACHMENT A: FINDINGS AND CONCLUSIONS FOR PROPOSED COMPREHENSIVE UPDATE TO THE CITY OF BREMERTON SHORELINE MASTER PROGRAM SMP Submittal accepted February 27, 2013, Ordinance No.3180 Prepared by Barbara Nightingale on September 22, 2013 Brief Description of Proposed Amendment: The City of Bremerton has submitted to Ecology for approval, a comprehensive update to their Shoreline Master Program (SMP) to comply with Shoreline Management Act (SMA) and SMP Guidelines requirements. The updated master program submittal contains locally tailored shoreline management policies, regulations, environment designation maps, administrative provisions as well as local ordinance #4965 adopted by reference as part of the SMP. Additional reports and supporting information and analyses noted below, were included in the submittal. Bremerton is located on the western side of Puget Sound, in the central area of Kitsap County, approximately 15 miles from Seattle. Bremerton SMP shorelines lie within WRIA 15. This Draft SMP will regulate shoreline uses and development along the City’s 46 miles of Puget Sound marine shorelines and 7 miles of freshwater shorelines along Gorst Creek, Lake Kitsap, Twin Lakes, the Union River, Union Reservoir and all wetlands associated with these shorelines. Bremerton has been involved with Kitsap County and other Kitsap cities in a regional watershed planning process that includes agreements on Potential Annexation Areas (PAAs), also known as Urban Growth Areas (UGAs) anticipated to be soon annexed by Bremerton. The 53 miles of shoreline designated in the Bremerton SMP include several UGAs. These include the East and West Bremerton UGAs and the Gorst UGA. These shorelines are along the Port Washington Narrows, north of Heron Point, Rocky Point Peninsula, the east side of Mud Bay, the west side of Phinney Bay, shorelines associated with the south end of the Navy Yard, northeastern Sinclair Inlet, and the Gorst estuary. Upon approval of this SMP, Bremerton’s SMP will regulate the marine shorelines of portions of Dyes Inlet, Ostrich Bay, Oyster Bay, Mud Bay, Phinney Bay, Port Washington Narrows, Point Herron, Sinclair Inlet, Port Orchard Bay, a small portion of the Gorst estuary adjacent to Port Orchard shorelines and the freshwater shorelines of Gorst Creek, Twin Lakes, Union River and the Lake Union Reservoir. Along Sinclair Inlet, Bremerton’s present jurisdiction includes the WSDOT Ferry Terminal and the Puget Sound Naval Shipyard. The freshwater shorelines include 1 mile of Gorst Creek, Lake Kitsap, a 238-acre acre lake, the Union Reservoir and the Union River. The Union River and Reservoir are both contained in a protected watershed area, where only water supply and forest management activities are allowed. In addition to these freshwater shorelines, the City’s jurisdiction includes Twin Lakes, covering a total of 21.7 acres located along the hydrologic boundary between the Union River and Gorst Creek watersheds. There are no surface drainage channels out of the Twin Lakes. However 50% of the groundwater from Twin Lakes drains to the Union River watershed and 50% drains to the Gorst Creek watershed. Although only one mile of Gorst Creek lies within the City’s shoreline jurisdiction, under the SMA, the Gorst Estuary, at the mouth of Gorst Creek, is the largest estuary in the planning area and provides significant shoreline functions to Sinclair Inlet and Puget Sound. This proposed SMP protects those critical areas within Bremerton’s shoreline jurisdiction through the incorporation of its 2006 CAO and the updating of its wetland buffers, mitigation requirements, and 2 definitions to reflect present requirements under state law. It also strengthens those protections by replacing local CAO reasonable use exceptions with SMP-required shoreline variance and conditional use permits. FINDINGS OF FACT Need for amendment. The proposed amendment is needed to comply with the statutory deadline for a comprehensive update of the City’s local Shoreline Master Program pursuant to RCW 90.58.080 and 100 for cities in Kitsap County to update their SMPs by December 1, 2011. This amendment is also needed for compliance with the planning and procedural requirements of the SMP Guidelines contained in WAC 173-26 and 27. The City adopted its first SMP in 1977 with major amendments in 1989, 1992 and with amendments for Downtown Development Standards in 2003. This comprehensive Shoreline Master Program update is an extensive overhaul of the existing SMP intended to incorporate the most accurate and up to date scientific data into the shoreline development regulations for the future and present Bremerton shoreline areas. The SMP has never been comprehensively updated. This SMP update is needed to address land use changes that have occurred along the City’s shorelines over the past decades, future anticipated jurisdiction, and to provide consistency between the updated SMP and the environmental protection and land use management policies and practices provided by the City’s most recent Critical Areas Ordinance, Comprehensive Plan, and Flood Management Plan. SMP provisions to be changed by the amendment as proposed: This comprehensive SMP update is intended to entirely replace the City’s existing SMP. This updated SMP increases, the linear extent of shorelines to be covered and regulated by the City, to include areas annexed in 2009 and several areas for potential future annexation, such as the East and West Bremerton UGAs and Gorst UGA. These areas are pre-designated in the updated SMP. This pre-designation allows the application of SMP regulations to these areas upon annexation, without requiring an additional amendment. The Draft SMP clearly defines buffers from 175 feet for Urban Conservancy, 20-30% of lot depth, across a range of lot depths for Single Family & Multi Family Residential, 100 feet for Recreational and 50 feet for Commercial/Industrial/Downtown Waterfront shorelines. The present SMP does not clearly identify required buffer widths. Uses are updated to include present and anticipated future shoreline uses. Dock standards, including materials and specifications, such as width, length and use of grated decking, are clearly identified and updated to meet present federal and state standards. Amendment History, Review Process: The City has provided documentation that the proposed SMP amendments originated from a local planning process that began in late 2009. In January 2010, public outreach began with a Planning Commission meeting and SMP Open House. This was followed by fourteen (14) SMP Planning Commission meetings and workshops and a public hearing before the Planning Commission with a series of four televised workshops with the City Council. Additionally, in August 2010, the formation of a Citizen Advisory Committee held a kick-off meeting and continued SMP meetings through 2011.The City also participated in 29 monthly coordination meetings, over the 3-year SMP development period. These monthly coordination meetings were with Kitsap County, Bainbridge Island, Poulsbo, Port Orchard, the Suquamish Tribe and other tribes with usual and accustomed hunting and fishing areas in Kitsap County areas, Department of Natural Resources, Department of Fish and Wildlife, Department of Ecology, and the Hood Canal Coordinating Council. These meetings also included the US Army Corps of Engineers, FEMA, the Navy, and the Kitsap Health Department. 3 On May 29, 2012 and September 17, 2012, public hearings were held before the Planning Commission. Affidavits of publication provided by the City indicate notice of the hearing was published on September 17, 2012. The public was also notified by legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in a public hearing before the City Council. The City Council then took public testimony from interested parties and considered all written and oral arguments at a duly advertised public hearing for the SMP on October 3, 2012. On October 3, 2012, the City Council approved the SMP and with passage of Resolution #3180 on October 3, 2012, authorized staff to forward the proposed amendments to Ecology for approval. The proposed SMP amendments were received by Ecology for state review and verified as complete on February 27, 2013.The state comment period began on April 22, 2013 and continued through May 24, 2013. Interested parties were notified of the public comment period through the Kitsap Sun and letters to all interested parties, over 130 individuals and organizations, directing the public to the documents available on the Ecology web page for the City’s proposed SMP and all supporting documents. Only one comment letter was received during the 30-day public comment period. The one comment letter was submitted by the US Navy reflecting the Navy’s permitting status and limits on public access for defense purposes. Ecology sent this comment letter to the City on June 7, 2013. On July 1, 2013, the City submitted to Ecology its responses to the issues raised by the Navy during the state comment period. Consistency with Chapter 90.58 RCW: The proposed amendment has been reviewed for consistency with the policy of RCW 90.58.020 and the approval criteria of RCW 90.58.090(3), (4) and (5). The City has also provided evidence of its compliance with SMA procedural requirements for amending their SMP contained in RCW 90.58.090(1) and (2). Consistency with “applicable guidelines” (Chapter 173-26 WAC, Part III): The proposed amendment has been reviewed for compliance with the requirements of the applicable Shoreline Master Program Guidelines (WAC 173-26-171 through 251 and 173-26-020 definitions). This included review of a SMP Submittal Checklist, which was completed by the City. Consistency with SEPA Requirements: The City submitted evidence of SEPA compliance in the form of a SEPA checklist and issued a Determination of Non-Significance (DNS) for the proposed SMP amendments on May 14, 2012. Notice of the SEPA determination was published in the Kitsap Sun on May 16, 2012. Ecology did not comment on the DNS. Other Studies or Analyses supporting the SMP update: Ecology also reviewed the following reports, studies, map portfolios and data prepared for the City in support of the SMP amendment: These supporting documents include: a 2009 Public Involvement Plan, a 2012 Shoreline Inventory and Analysis, a 2012 Cumulative Effects Analysis a 2012 Public Access Inventory a 2012 Restoration Plan 4 Summary of Issues Raised During The Public Review Process: The City’s SMP amendment drafting/public review process was at times contentious. Considerable debate centered on the concept and terminology of non-conforming development and buffer size. In response to that the City issued a Buffer Analysis to display how a seemingly small buffer width will not only achieve No Net Loss, but provide improved habitat functions over time. Summary of Issues Identified by Ecology as Relevant To Its Decision: CONCLUSIONS OF LAW After review by Ecology of the complete record submitted and all comments received, Ecology concludes that the City’s proposed comprehensive SMP update/amendment, subject to and including Ecology’s recommended change (itemized in Attachment B), is consistent with the policy and standards of RCW 90.58.020 and RCW 90.58.090 and the applicable SMP guidelines (WAC 173-26- 171 through 251 and .020 definitions). The recommended change in Attachment B is a change the City requested. As the steep slope buffer reduction in geologic hazard areas pertains primarily to human safety and relies upon engineers’ reports, it is best addressed in the City’s CAO, rather than through the shoreline conditional use process. This change leaves this section in the existing CAO, which is already incorporated into the SMP. In conclusion, approval of the proposed SMP, subject to the recommended change, contains sufficient policies and regulations to assure that no net loss of shoreline ecological functions will result from implementation of the new updated master program (WAC 173-26-201(2)(c). Ecology also concludes that a recommended change to the submittal (identified during the review process and itemized in Attachment B) would be consistent with SMA policy and the guidelines and would be beneficial to SMP implementation. These changes are not required, but can, if accepted by the City, be included in Ecology’s approved SMP amendments. Consistent with RCW 90.58.090(4), Ecology concludes that those SMP segments relating to critical areas within Shoreline Management Act jurisdiction provide a level of protection at least equal to that provided by the City’s existing critical areas ordinance. Ecology concludes that those SMP segments relating to shorelines of statewide significance provide for the optimum implementation of Shoreline Management Act policy (RCW 90.58.090(5). Ecology concludes that the City has complied with the requirements of RCW 90.58.100 regarding the SMP amendment process and contents. Ecology concludes that the City has complied with the requirements of RCW 90.58.130 and WAC 173-26-090 regarding public and agency involvement in the SMP update and amendment process. Ecology concludes that the City has complied with the purpose and intent of the local amendment process requirements contained in WAC 173-26-100, including conducting open houses and public hearings, notice, consultation with parties of interest and solicitation of comments from tribes, government agencies and Ecology. 5 Ecology concludes that the City has complied with requirements of Chapter 43.21C RCW, the State Environmental Policy Act. Ecology concludes that the City's comprehensive SMP update/amendment submittal to Ecology was complete pursuant to the requirements of WAC 173-26-110 and WAC 173-26-201(3)(a) and (h) requiring a SMP Submittal Checklist. Ecology concludes that it has complied with the procedural requirements for state review and approval of shoreline master program amendments as set forth in RCW 90.58.090 and WAC 173-26-120. Ecology concludes that the City has chosen not to exercise its option pursuant to RCW 90.58.030(2)(d)(ii) to increase shoreline jurisdiction to include buffer areas of critical areas within shorelines of the state. Therefore, as required by RCW 36.70A.480(6), for those designated critical areas with buffers that extend beyond SMA jurisdiction, the critical area and its associated buffer shall continue to be regulated by the City’s critical areas ordinance. In such cases, the updated SMP shall also continue to apply to the designated critical area, but not the portion of the buffer area that lies outside of SMA jurisdiction. All remaining designated critical areas (with buffers NOT extending beyond SMA jurisdiction) and their buffer areas shall be regulated solely by the SMP. DECISION AND EFFECTIVE DATE Based on the preceding, Ecology has determined the proposed amendment comprehensively updating the SMP, is consistent with Shoreline Management Act policy, the applicable guidelines and implementing rules, once the required changes set forth in Attachment B are approved by the City. Ecology approval of the proposed amendments with the required change is effective 14 days from Ecology’s final action approving the amendment. These required changes are changes to aquaculture, a relatively new use along the shorelines of Bremerton. The recommended changes in Attachment C are at the discretion of the City. The recommended change associated with permitting for steep slope buffer reductions in geologically hazardous areas is at the request of the City and the other recommended changes on aquaculture regulations are at the suggestion of Ecology. As provided in RCW 90.58.090(2)(e)(ii), the City may choose to submit an alternative to the changes required by Ecology. If Ecology determines that the alternative proposal is consistent with the purpose and intent of Ecology’s original changes and with RCW 90.58, then the department shall approve the alternative proposal and that action shall be the final. Approval of the updated SMP and proposed alternative is effective 14 days from Ecology’s final action approving the alternative. 1 Attachment B: City of Bremerton Ecology Required Changes The following changes are required to clarify elements of the City’s updated SMP ITEM SMP Submittal Provision (Cite) TOPIC BILL FORMAT CHANGES (underline = additions; strikethrough = deletions) RATIONALE 1 BMC 20.16.300 Definitions Aquaculture The culture, harvesting or farming of food fish, shellfish, or other aquatic plants and animals. Activities include, but are not limited to the hatching, cultivating, planting, feeding, raising, harvesting, and processing of aquatic plants and animals and the maintenance and construction of necessary equipment, buildings and growing areas. Cultivation methods include, but are not limited to fish pens, fish hatcheries, shellfish rafts, racks and long lines, seaweed floats and nets and the culture of clams and oysters on tidelands and sub-tidal areas. Aquaculture does not include the harvest of wild geoduck associated with a state managed wild stock geoduck fishery. For consistency with WAC 173-26-020(6). Aquaculture is the “culture or farming of fish, shellfish, or other aquatic plants and animals” and does not just refer to food fish, nor does not qualify which activities are included. 2 BMC 20.16.820(1) Shoreline Use Regulations Aquaculture The culture, harvesting or farming of food fish, shellfish, or other aquatic plants and animals. Activities include, but are not limited to the hatching, cultivating, planting, feeding, raising, harvesting, and processing of aquatic plants and animals and the maintenance and construction of necessary equipment, buildings and growing areas. Cultivation methods include, but are not limited to fish pens, fish hatcheries, shellfish rafts, racks and long lines, seaweed floats and nets and the culture of clams and oysters on tidelands and sub-tidal areas. Aquaculture does not include the harvest of wild geoduck associated with a state managed wild stock geoduck fishery..Aquaculture is a preferred water-dependent use. It should be encouraged to locate where it will not significantly conflict with navigation and other water- dependent uses, and/or result in a net loss of ecological functions, and/or adversely impact eelgrass and macroalgae..where it is not in conflict with other preferred water- dependent uses, and where it includes specific conditions; to protect ecological function. Harvest of wild stock free swimming fish, shellfish articially planted or maintained by a fishery and/or harvest of wild stock geoducks on state owned aquatic lands is not considered aquaculture and does not require a SDP. For consistency with WAC. Net loss is an important qualifier included in WAC 173-26-241(3)(b). “Processes of aquatic system” is not part of WAC nor is it defined in the definitions. Provisions regarding net loss of ecological functions and conflicts with water dependent uses, WAC 173-26-241(3)(b)(i)(C) includes other provisions regarding impacting eelgrass and macroalgae, and conflicts with navigation. The use of the words “significant” and “net loss” are important regarding scale and scope of conflict and loss. These activities are not explicitly exempt from the definition of aquaculture, particularly the artificial planting of shellfish which is a type of culturing. The only explicitly stated exemption is the “harvest of wild geoduck associated with the state managed wildstock geoduck fishery.” Suggest leaving the definition to stand on its own and only include the reference to SDP at the end of the paragraph. 2 3 BMC 20.16.820 (a)(1) Shoreline Use Regulations Aquaculture Policies Aquaculture should not be located where it would result in areas where it would be detrimental to the net loss of ecological functions and processes of the aquatic system. Reword to be consistent with WAC. Net loss is an important qualifier included in WAC 173-26- 241(3)(b). “Processes of aquatic system” is not part of WAC nor is it defined in the definitions. 4 BMC 20.16.820 (a)(2) Shoreline Use Regulations Aquaculture Policies Aquaculture should be limited to shellfish, algal and plant species. As stated in the applicability section, aquaculture is a preferred water-dependent use. This prohibition is inconsistent with SMA 90.58.020 and WAC 173-26- 241(3)(b)(i) 5 BMC 20.16.820 (a)(3) Shoreline Use Regulations Aquaculture Policies Aquaculture should not preclude the appropriate use of adjacent uplands. Aquaculture is a preferred water-dependent use. WAC 173-26-201(2)(d) contains a preference for water- dependent uses over other uses in the shoreline. Also, WAC 173-26-241(3)(b)(i)(D) stipulates that “Local government should ensure proper management of upland uses to avoid degradation of water quality of existing shellfish beds.” This specifically requires local provisions that constrain upland uses to prevent water quality degradation of existing shellfish beds – including commercial, tribal, recreational, and naturally occurring beds. 6 BMC 20.16.820 (a)(4) Shoreline Use Regulations Aquaculture Policies Aquaculture should not be permitted in areas where it would significantly conflict with navigation and other water-dependent uses.unduly interfere with established navigation channels and other water-dependent uses. Reword to be consistent with WAC 173-26- 241(3)(b)(i)(B). 7 BMC 20.16.820 (b)(1) Shoreline Use Regulations Aquaculture Regulations Aquaculture shall not be located where it would result in areas where it would be detrimental to the net loss of ecological functions and processes of the aquatic system. Reword to be consistent with WAC. Net loss is an important qualifier included in WAC 173-26- 241(3)(b). “Processes of aquatic system” is not part of WAC nor is it defined in the definitions. 3 8 BIMC 20.16.820 (b) (3) Shoreline Use Regulations Aquaculture Regulations Aquaculture shall not preclude the appropriate use of adjacent uplands. or be detrimental to visual access of the water body. Aquaculture shall not significantly impact the aesthetic qualities of the shoreline. Aquaculture is a preferred water-dependent use. WAC 173-26-201(2)(d) contains a preference for water- dependent uses over other uses in the shoreline. Also, WAC 173-26-241(3)(b)(i)(D) stipulates that “Local government should ensure proper management of upland uses to avoid degradation of water quality of exsting shellfish beds.” This specifically requires local provisions that constrain upland uses to prevent water quality degradation of existing shellfish beds – including commercial, tribal, recreational, and naturally occurring beds. The standard is the broader “aesthetics”, not just “visual access”. (per WAC 173-26-241(3)(b)(i)(C): 9 BIMC 20.16.820 (b)(4) Shoreline Use Regulations Aquaculture Regulations Aquaculture activities shall not significantly conflict with navigation unduly interfere with the navigability of the water body for industrial commercial or personal watercraft. Reword to be consistent with WAC 173-26- 241(3)(b)(i)(C). 10 BIMC 20.16.820 (b)(7) Shoreline Use Regulations Aquaculture Regulations Harvest activities shall be conducted in a manner that minimizes turbidity and the risk of impacts to aquatic vegetation and the intertidal bed by complying with state water quality standards and permit requirements. If a state water quality permits is not required, harvest acitivites must utilize utilizing the following methods. Geoduck aquaculture currently requires a Section 401 WQ certification and net pen aquaculture requires an NPDES permit. This change will ensure the SMP requirements do not confound state and federal requirements. 11 BIMC 20.16.820 (b)(10) Shoreline Use Regulations Aquaculture Regulations All commercial aquaculture requires a Shoreline Conditional Use Permit. Add this for consistency with BMC 20.18.790 Use Matrix 4 12 BMC 20.16.820( c) Shoreline Use Regulations Geoduck Aquaculture In addition to the policies and regulations above, new commercial geoduck aquaculture or conversions from existing non-geoduck aquaculture to geoduck aquaculture requires a conditional use permi t and will be administered consistent with WAC 173-26-241(3)(b)(ii), (iii), and (iv) Geoduck aquaculture requires a CUP for all environmental designations where it is allowed. If it is different than Commercial Aquaculture, add a separate row for Commercial Geoduck Aquaculture under Commercial Aquaculture and note whether prohibited, permitted, or a conditional use for each Environmental Designation. 13 BMC 20.16.790 Use Matrix and Height Table Clarify table to include all types of aquaculture as policies consistent with policies and regulations section The Use Table only lists commercial aquaculture under Shoreline Modifications. The Policies and Regulations, as currently written, apply to more than commercial aquaculture. Please clarify permitting requirements for all types of aquaculture within the Use Table. 14 BMC 20.16.790 Use Matrix and Height Table Clarify Use Table to include Geoduck aquaculture Geoduck aquaculture requires a CU for all environmental designations where it is allowed. If it is different than Commercial Aquaculture, add a separate row for Commercial Geoduck Aquaculture under Commercial Aquaculture and note whether prohibited, permitted, or a conditional use for each Environmental Designation. 1 Attachment C: City of Bremerton Ecology Recommended Changes The following changes are recommended to clarify elements of the City’s updated SMP ITEM SMP Submittal Provision (Cite) TOPIC BILL FORMAT CHANGES (underline = additions; strikethrough = deletions) RATIONALE 1 BMC 20.16.300 Definitions Critical saltwater habitat Means all kelp beds, eelgrass beds, spawning and holding areas for forage fish, such as herring, smelt and sandlance; subsistence, commercial and recreational shellfish beds; mudflats, intertidal habitats with vascular plants, and areas with which priority species have a primary association. Include types of shellfish beds as stated in WAC 173- 26-221(2)(c)(iii)(A), Applicability. This clarifies that “shellfish beds” include all three types, not just naturally occurring beds. 2 BMC 20.16.710(4) Steep Slope Buffer Reductions: For Geologically Hazardous Areas (4) Steep Slope Buffer Reductions: For Geologically Hazardous Areas within the Shoreline Jurisdiction the following criteria relating to the reduction of buffers/setback shall supersede those requirements established in the Critical Area Ordinance (BMC 20.14.630(c)). All reductions to setbacks/buffers for geologically hazardous areas shall be processed in accordance with the Conditional Use permit provisions of BMC 20.16.520. Report(s) must be submitted by a qualified professional(s) establishing the following: (i)The modification will not result in foreseeable risk from geological hazards to people or improvements during the life of the development; and; (ii) For marine bluffs, demonstrate that the proposed development will be set back sufficiently to ensure that shoreline stabilization is unlikely to be necessary in the future; and (iii) Clear evidence that there is no alternative to modifying the buffer to accommodate allowed development, including reduction in the size or area of the development, or relocation on the contiguous site; and (iv) That there is no loss of the ecological functions provided by As the major issue for geologic hazards is life safety, the criteria for approval are technical and scientific. The imposition of a CUP review process on a narrow technical review rather than ecological functions addressed in FWCA buffers. The Bremerton CAO Section 20.14.621 has both high and moderate geologic hazard and includes extensive areas of 30% slopes that meet specific standards, in addition to 40% slopes. The CAO will regulate this provision without any changes. 2 buffer vegetation including habitat; and (v) Document that no net loss of ecological functions will result. (5) (4) Shoreline Buffers and Setbacks: ….. (6 5) The provisions of the Critical Area Ordinance…… (76) The provisions of the Critical Area Ordinance ….... (8)(7) Setback and Buffer Averaging:…… (98) Fences in Fish and Wildlife Habitat Conservation Area Buffers:. (109) Exemptions from Fish and Wildlife Habitat Conservation Area Buffers: …….. 3 BMC 20.16.660 Nonconforming uses (d)(4) Aquaculture occurring on nonconforming aquaculture sites is not considered discontinued until the use has ceased for a period of more than 5 years. Please see Existing Legal Uses (SMP Handbook) for discussion on dormant lands. Given the cyclic nature of shellfish aquaculture, there may be parcels or whole project areas that may lie dormant for more than one year. To make this more reasonable when applied to aquaculture, we recommend you add a 4th bullet specific to aquaculture. 4 BIMC 20.16.820 (b)(6) Shoreline Use Regulations Aquaculture Regulations Aquaculture sites may shall be separated from other aquaculture sites to prevent cumulative impacts upon shoreline processes. Spreading aquaculture across a broader area may increase aesthetic or other cumulative impacts. Separation should be considered on a case-by-case basis. 1 SMP Amendments ORDINANCE NO. ______ AN ORDINANCE of the City Council of the City of Bremerton, Washington adopting the updated Shoreline Master Program and repealing resolutions and ordinances relating to the Shoreline Master Program. WHEREAS, the people of the State of Washington enacted the Shoreline Management Act (Chapter 90.58 RCW) by a vote of the people in 1971; and WHEREAS, RCW 90.58.020 directs local governments developing shoreline master programs to give preference to uses in the shorelines in the following order of preference which: 1) recognize and protect the State-wide interest over local interest; 2) preserve the natural character of the shoreline; 3) result in long-term over short-term benefit; 4) protect the resources and ecology of the shorelines; 5) increase public access to publicly-owned areas of the shorelines; 6) increase recreational opportunities for the public in the shoreline; and 7) provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary; and WHEREAS, in 2003, The Department of Ecology adopted new rules, pursuant to RCW 90.58.200, which gave procedural and substantive direction to local jurisdictions for updating shoreline uses and regulations, which became effective January 17, 2004; and WHEREAS, The Growth Management ACT (RCW 36.70A.480) adds the goals and policies of the Shoreline Management Act as set forth in RCW 90.58.020 as one of the goals of the Growth Management Act without creating an order of priority; and WHEREAS, the City conducted a comprehensive inventory of the ecological functions and conditions within its shoreline jurisdiction in 2009 to provide a scientific foundation for application of the shoreline environment criteria and assignment of the appropriate shoreline designations; and WHEREAS, the results of this comprehensive inventory are contained in the document entitled, Shoreline Inventory and Characterization, most recently updated in May 2012; and WHEREAS, consistent with the requirements of WAC 173-26-186(8)( d), the City conducted an analysis of potential cumulative impacts of reasonably foreseeable future development on shoreline ecological functions and other shoreline functions fostered by the policy goals of the Shoreline Management Act. This analysis is contained in the document entitled, “Shoreline Cumulative Effects Analysis” most recently updated in February 2012, and; WHEREAS, the City has utilized the scientific information from the Inventory and the Cumulative Impact Analysis to draft the City’s proposed Shoreline Master Program Update; and 2 SMP Amendments WHEREAS, consistent with the requirements of WAC I 73-26-224(4)(c), the City has conducted a public access analysis entitled, “Shoreline Public Access Inventor y”, most recently updated in April 2012. This plan establishes an integrated shoreline public access system that identifies public needs and opportunities to provide public access; and WHEREAS, consistent with the requirements of WAC 173-26-186(8)(c) and 173- 26-20 1 (2)(f), a document entitled “Restoration Plan” most recently updated in February 2012 has been formulated so that the City's Shoreline Master Program includes goals, policies and actions for restoration of impaired shoreline ecological functions; and WHEREAS, over the past three years, the City's Planning Commission has reviewed and revised a number of documents, including: the Shoreline Inventory, proposed revisions to shoreline regulations, the Restoration Plan, the Public Access Plan, the Cumulative Effects Analysis, and responded to both governmental agency and public comments; and WHEREAS, the City developed a public participation plan that provided widespread public notice throughout the Shoreline Master Program Update process. The City has made a concerted effort to generate public involvement, including holding a public open house, having a booth at the Bremerton Blackberry Festival, sending notice in all residents’ utility bills, creating a Citizen Advisory Committee and Technical Advisory Committee, attending monthly coordination meetings with the Technical Advisory Committee, creating a comprehensive and regularly-updated web page devoted to the Shoreline Master Program Update, maintaining a large mailing list in order to keep interested parties informed; holding over fourteen (14) workshops and a Public Hearing at the Planning Commission and a series of four televised workshops at the City Council, and WHEREAS, The City issued a complete Planning Commission Draft of the Shoreline Master Program in May of 2012 and considered and responded to government, agency, and public comments and prepared and issued revised Draft Shoreline Master Program or elements thereof in June 2012; and WHEREAS, the City’s Responsible Official issued a Determination of Nonsignificance on the proposed Shoreline Master Program on May 14, 2012 with an appeal deadline of May 29, 2012. No appeals were filed; and WHEREAS, on May 18, 2012, a draft Shoreline Master Program was circulated to the State Agencies for the requisite 60-day review and comment period. No comments were received; and WHEREAS, the City of Bremerton Planning Commission considered staff’s recommendations, received testimony, and formulated a recommendation to forward the amendments for City Council at a duly advertised public hearing on May 29, 2012; and WHEREAS, on September 17, 2012 the public was notified by legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the City Council; and 3 SMP Amendments WHEREAS, City Council took public testimony from interested parties and considered all written and oral arguments at a duly advertised public hearing for the Shoreline Master Program update on October 3, 2012; and WHEREAS, The Bremerton City Council held a Public Hearing on October 3, 2012 to collect comments and testimony concerning the Draft Shoreline Master Program document and adopted Resolution Number 3180 directing staff to forward the documents to the Department of Ecology for approval; and WHEREAS, on November __, 2013 the Department of Ecology approved the draft Shoreline Master Program subject to certain required changes; and WHEREAS, at the City Council directed staff to make the changes to the Draft Shoreline Master Program document required and recommended by the Department of Ecology; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY DO ORDAIN AS FOLLOWS: SECTION 1. The recitals set forth above are hereby incorporated as if set forth herein in full. SECTION 2. Resolution numbers 1736, 1746, 1765, 1769, 1770 and ordinance numbers 4183, 4365, 4634, 4797 and 4829, adopting and amending the City of Bremerton Shoreline Master Program are hereby repealed. SECTION 3. The City of Bremerton Shoreline Master Program with appendices, as set forth in Exhibit A, attached hereto and incorporated herein by reference, is hereby adopted. SECTION 4. Severability. If any one or more sections, subsections, or sentence of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect; and SECTION 5. 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___________ day of ____________________, 2013 _________________________________ GREG WHEELER, Council President Approved this ________ day of ________________________, 2013 4 SMP Amendments _________________________________ PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the________ day of ______________________, 2013 EFFECTIVE the_________day of ______________________, 2013 ORDINANCE NO. ____________ R:\Legal\Legal\Ordinances\Community Development\2013 SMP Amendments-Final.doc AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. ______ amending Chapter 20.16 BMC Study Session Date: Nov. 13, 2013 COUNCIL MEETING Date: Nov. 20, 2013 Department: DCD Presenter: Nicole Floyd Phone: 360.473.5279 SUMMARY: The proposed ordinance amends Chapter 20.16 of the Bremerton Municipal Code by removing duplicative and conflicting language from the BMC pertaining to shoreline permits and adds language making reference to the updated Shoreline Master Program for these permitting processes. ATTACHMENTS: I) Ordinance amending Chapter 20.16 BMC. FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: ☐ No Presentation ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. _____ amending Chapter 20.16 of the Bremerton Municipal Code. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/25/13 1 Chapter 20.16 BMC – SMP Permitting ORDINANCE NO. ______ AN ORDINANCE of the City Council of the City of Bremerton, Washington amending Chapter 20.16 of the Bremerton Municipal Code relating to the Shoreline Master Program and shoreline permits. WHEREAS, the City Council is, concurrently with this ordinance, adopting an updated Shoreline Master Program which contains a chapter updating language pertaining to shoreline permits currently contained in Chapter 20.16 of the Bremerton Municipal Code; and WHEREAS, the City Council desires to amend Chapter 20.16 of the Bremerton Municipal Code to remove duplicative and conflicting language pertaining to shoreline permits and add language making reference to the updated Shoreline Master Program for these permitting processes; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY DO ORDAIN AS FOLLOWS: SECTION 1. Bremerton Municipal Code Section 20.16 is hereby amended to repeal in its entirety and replace the section with a reference to the Shoreline Master Program Document as follows: Chapter 20.16 SHORELINE DEVELOPMENT 20.16.010 PERMIT - REQUIRED – CONDITIONS SHORELINE MASTER PROGRAM. For all applicable requirements within the Shoreline Jurisdiction, see the Bremerton Shoreline Master Program which is on file with the City Clerk and may be posted or linked on the City of Bremerton’s website. (a) No substantial development, as defined in the State Shoreline Management Act of 1971, shall be undertaken on the shorelines abutting upon or within the City limits without having first obtained a permit therefor from the City Council. (b) Until such time as a master plan has become effective, no substantial development permit shall be granted unless the proposed development is consistent with: (1) The policy set out in Section 2 of the Shoreline Management Act; and (2) After their adoption, the guidelines and regulations of the Washington State Department of Ecology; and (3) So far as can be ascertained, the master plan being developed within the City and the areas. (c) After adoption by the Department of Ecology of the applicable master program, no substantial development permit shall be granted unless the proposed development is consistent with the applicable master program and the policy of Section 2 of the Shoreline Management Act. 2 Chapter 20.16 BMC – SMP Permitting 20.16.020 PERMIT - APPLICATION. Any person requesting a permit for substantial development upon the shorelines abutting or within the boundaries of the City shall file an application therefor with the Planning Department of the City. The application shall be made on forms prescribed by the Planning Department. Applications for substantial development permits shall be accompanied by an application fee as provided for by resolution of the City Council. The application shall contain the name and the mailing address of the applicant, the relation of the applicant to the property, the general location of the proposed project, the legal description of the project site, a statement concerning the intended use of the property, description of improvements currently on the property, an estimate of the total cost or fair market value of the project for which permit is requested, a vicinity land map and a site plan map. The vicinity land map shall indicate the relationship of the proposed development to adjacent land for at least four hundred (400) feet in all directions from the project site. The site plan map shall include: size and location of existing improvements which will be retained; existing utilities; ordinary high water mark and low water mark; beach type (sand, mud, gravel, etc.); size and location of proposed structures; width of setbacks and side yards; proposed fill area (state type, amount and treatment of fill); proposed utilities; proposed sewage disposal system; proposed parking areas and greenbelt areas. The application shall be dated and signed by the applicant. 20.16.030 PERMIT - APPLICATION - NOTICE POSTING. Upon receipt of a proper application for a substantial development permit, the City Planner shall instruct the applicant to publish notices thereof at least once a week for two (2) consecutive weeks in a newspaper of general circulation within the City and Kitsap County. The notice shall include the name and address of the applicant, the general location of the proposed project, and the name of the adjacent water areas or wetlands. Said notice shall further include a statement that any person desiring to present his views to the City Council, with regard to said application, may do so in writing, addressed to the City Council, or that any person interested in the City Council’s action on an application for a permit may submit his views or notify the City Council of his interest within thirty (30) days of the last date of publication of notice. Such notification or submission of views to the City Council by an interested party or parties shall entitle said persons to a copy of the action taken on the application. 20.16.040 PERMIT - APPLICATION - NOTICE PUBLICATION AFFIDAVIT. Upon publication of notice, the applicant shall file with the Planning Department of the City an affidavit of publication, which affidavit shall set out fully the language contained in the notice and the dates on which the notice was published. 20.16.050 PERMIT - APPLICATION - NOTICE TRANSMISSION. Upon receipt by the Planning Department of an application, the Planning Department shall immediately send notice thereof, containing pertinent information, to the Directors of Fisheries, Game, Conservation, and Health. 20.16.060 PERMIT - APPLICATION - ACTION. The City Council shall act upon the application not less than thirty (30) days, nor more than sixty (60) days after the last date of publication of notice. 3 Chapter 20.16 BMC – SMP Permitting 20.16.070 PERMIT RULING. Any ruling on the permit for substantial development, whether it is an approval or a denial, shall, concurrently with the transmittal of the ruling to the applicant, be filed with the Department of Ecology and the Washington State Attorney General, which notice shall be transmitted not less than five (5) days after the action has been taken. 20.16.080 BURDEN OF PROOF. The applicants for the substantial development permits shall have the burden of proving that the proposed substantial development is consistent with the criteria as set out in the Shoreline Management Act of 1971. 20.16.090 WORK COMMENCEMENT. In the event a permit is granted, construction pursuant to a permit shall not begin or be authorized until forty-five (45) days from the date of final approval by the City, or until all review proceedings have terminated, if such proceedings were initiated within forty-five (45) days from the date of final approval by the City. 20.16.100 APPLICATION FEES FOR SHORELINE VARIANCE PERMITS, CONDITIONAL USE PERMITS AND REVISIONS. (a) Application for shoreline conditional use permits shall be accompanied by an application fee as provided for by resolution of the City Council. If the conditional use permit is sought in combination with a substantial development permit as required in Chapter 173-14 WAC, Ordinance 3015, and Bremerton’s Shoreline Management Master Program, the application fee shall be as provided for by resolution of the City Council. (b) Application for shoreline variance permits shall be accompanied by an application fee as provided for by resolution of the City Council. If the variance permit is sought in conjunction with a substantial development permit or shoreline conditional use permit as required in Chapter 173-14 WAC and Ordinance 3015 and Bremerton’s Shoreline Management Master Program, the application fee shall be as provided for by resolution of the City Council. (c) Applications for revisions to any shoreline substantial development, conditional use or variance permits shall be accompanied by an application fee as provided for by resolution of the City Council. 20.16.110 SHORELINE DECISIONS. (a) Actions. The following are subject to the requirements of Bremerton’s Shoreline Master Program but shall be decided within one hundred twenty (120) days. Recommendations and hearings shall be conducted as described in Table 040 in Chapter 20.02 BMC. (1) Shoreline substantial development permit; (2) Shoreline conditional use permit; (3) Shoreline variance; (4) Shoreline permit revisions; (5) Shoreline Master Program amendments. (b) Decision Format. The decision format is completion of a prepared form or statement of findings, conclusions and the decision of the approving body. Adoption of and amendments to the Shoreline Master Program shall be made by ordinance. (c) Final Decisions. 4 Chapter 20.16 BMC – SMP Permitting (1) Substantial development permits and amendments to existing permits are decided administratively, in the same manner as other Type II permits. (2) Conditional use permits and variances are decided by the Administrative Hearing Examiner and may be approved, rejected, or modified by the Department of Ecology. A neighborhood meeting or study session is optional. (3) All shoreline permit decisions must be submitted simultaneously to the applicant, the Department of Ecology (DOE), and to the Attorney General. DOE may approve or disapprove the permit. (4) Shoreline Master Program amendments are decided by the City Council and may be approved, rejected, or modified by the Department of Ecology. (d) Appeals. An appeal of the local shoreline permit decision may be filed with the Administrative Hearing Examiner pursuant to Chapter 2.13 BMC as provided herein, with a second appeal to the Shoreline Hearings Board (SHB), or may be filed directly with the SHB. (1) Decisions on substantial development permits may be appealed to the Administrative Hearing Examiner within fourteen (14) calendar days of the date of the decision, and considered in an open-record appeal hearing; or (2) Those decisions listed in subsection (d)(1) of this section or the Administrative Hearing Examiner decisions on appeals of earlier decisions may be appealed to the Shoreline Hearings Board by filing a petition for review within twenty-one (21) calendar days of the date of the Department of Ecology’s review and decision. (3) The decision of the Department of Ecology pertaining to the adoption of, or amendment to, the Shoreline Master Program may be appealed to the Central Puget Sound Growth Management Hearing Board per RCW 36.70A.250 through 36.70A.320. (4) Appeals to the Hearing Examiner shall be decided within thirty (30) calendar days of the filing date. Appeals to the Shoreline Hearings Board will be decided within one hundred eighty (180) calendar days. SECTION 2. Severability. If any one or more sections, subsections, or sentence of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect; and 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___________ day of ____________________, 2013 _________________________________ GREG WHEELER, Council President Approved this ________ day of ________________________, 2013 _________________________________ PATTY LENT, Mayor 5 Chapter 20.16 BMC – SMP Permitting ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the________ day of ______________________, 2013 EFFECTIVE the_________day of ______________________, 2013 ORDINANCE NO. ____________ R:\Legal\Legal\Ordinances\Community Development\Chapter 20.16 Amendments.doc AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Public Hearing and Ordinance to adopt the 2013 Comprehensive Plan Amendment docket Study Session Date: November 13, 2013 COUNCIL MEETING Date: November 20, 2013 Department: DCD Presenter: Allison Daniels Phone: 360-473-5845 SUMMARY: The action before the Council is to conduct a public hearing to consider the proposed 2013 Comprehensive Plan Amendment docket. The amendment includes one site specific land use map re-designation request for 36 acres of Industrial Park to Low Density Residential. The amendment item is a result of an application received from interested party. ATTACHMENTS: 1) Staff Memo 2) Planning Commission Minutes from May 21, 2013 Planning Commission Workshop; and September 17, 2013 and October 15, 2013 (Draft) Planning Commission Public Hearing 3) Proposed Ordinance Exhibit A—Planning Commission Findings and Conclusions Exhibit B—Comprehensive Plan Amendment Site Map FISCAL IMPACTS (Include Budgeted Amount): None. STUDY SESSION AGENDA: ☐ No Discussion ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☒ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. ______ adopting the 2013 amendments to the Comprehensive Plan. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/25/13 Attachment 1 From: Allison Daniels, City Planner Date: November 13, 2013 Re: 2013 Comprehensive Plan Amendment EXECUTIVE SUMMARY Staff and the Planning Commission are pleased to present the proposed 2013 Comprehensive Plan Amendment docket for Council consideration. State and City statutes allow the Comprehensive Plan to be amended a maximum of once per year (not including adoption of new Subarea Plans). The proposed Comprehensive Plan amendment must show consistency with the criteria contained in BMC 20.10.080. The Planning Commission conducted a Public Hearing on the amendments and recommends the Council adopt the changes. The Commission has passed findings and conclusions (See Ordinance as Exhibit A) that demonstrate the consistency with the criteria outlined in BMC 20.10.080, and includes policies in the Comprehensive Plan to support the proposed changes. The 2013 Comprehensive Plan Amendment docket is summarized as follows: On March 27, 2013, Olympic Property Group/West Hills LLC submitted a request for a land use map change. The submittal affects two parcels located at 3rd Avenue West and Sinclair Way/West Sunn Fjord Lane (tax id #282401 -1-085-2001and 282401-1-086-2000) for a total of 36 acres. The parcels are currently designated Industrial Park, and the proposal is to re- designate them to Low Density Residential. As shown in ordinance Exhibit B, the site plan identifies the surrounding land use designations to the subject parcels which include City of Bremerton Low Density Residential and Industrial Park, and Kitsap County Urban Reserve, Urban Industrial, and Urban Medium Residential. The surrounding uses include the Sun Fjord Apartments, single-family homes, Wright Creek Industrial Park, Water Reservoir, warehouses and undeveloped land. Planning Commission has reviewed the submitted Comprehensive Plan Amendment Application, and compliance with BMC 20.10.080, Decision Criteria for Comprehensive Plan and has recommended the land use map change which is described in ordinance Exhibit A. Once included in the Low Density Residential land designation within the Comprehensive Plan, the two subject parcels will be required to be rezoned to the Low Density (R-10) zoning designation as set forth in BMC 20.60. DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM Planning Commission Minutes Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 Attachment 2 DRAFTAPPROVED CITY OF BREMERTON PLANNING COMMISSION MINUTES OF REGULAR MEETING October 15, 2013 CALL TO ORDER: Chair Jose called the regular meeting of the Bremerton Planning Commission to order at 5:30 p.m. ROLL CALL Commissioners Present Staff Present Chair Jose Vice Chair Tift Commissioner Albright Commissioner Dinkuhn Commissioner Lambert Commissioner Simpson Commissioner Strube Quorum Certified Nicole Floyd, Senior Planner, Department of Community Development Allison Daniels, Long-Range Planner, Department of Community Development Others Present Lisa Grueter, Berk Consulting APPROVAL OF AGENDA VICE CHAIR TIFT MOVED TO APPROVE THE AGENDA AS PRESENTED. COMMISSIONER SIMPSON SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES COMMISSIONER STRUBE MOVED TO APPROVE THE MINUTES OF SEPTEMBER 17, 2013 AS AMENDED. COMMISSIONER LAMBERT SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. PUBLIC MEETING Call to the Public (public comments on any item not on the agenda) Chair Jose asked if there were any comments from citizens. Seeing none, he closed the public portion of the meeting. Continued Public Hearing: 2013 Comprehensive Plan Amendment Docket Ms. Daniels advised that on September 17th, the Commission held an initial public hearing on an application to amend the Comprehensive Plan Land-Use Map to re-designate two parcels located at 3rd Avenue West and Sinclair Way from Industrial Park, to Low-Density Residential (R-10). Because of concerns raised by Kitsap County, the Commission continued the hearing to October 15th. She reported that on September 18th Kitsap County appealed the City’s State Environmental Policy Act (SEPA) Determination of Non-Significance (DNS). Since that time, the City has worked with the applicant and issued an addendum to the SEPA Determination (Attachment I) to clarify that, with the legislative adoption of the land-use map Attachment 2 DRAFTchange, the Development Agreement known as “West Hills Development Agreement” (dated July 14, 2000) would no longer apply to the subject parcels. That means that when the subject properties are subdivided or developed, compliance with current code would be required. Ms. Daniels reminded the Commission that staff was working with the applicant on the Development Agreement prior to Kitsap County’s appeal, but the SEPA addendum provides confirmation to the County that the changes will be made. The County withdrew its appeal on October 10, 2013. Therefore, staff recommends that the Commission find that the 2013 Comprehensive Plan Amendment Docket meets the requirements of Bremerton Municipal Code (BMC) 20.10.080 and forward a recommendation of approval to the City Council. Chair Jose noted a correction to Item 3.4 of Attachment II (Findings and Conclusions). The word “county” was misspelled. As no members of the public indicated a desire to participate in the hearing, Chair Jose closed the public portion of the hearing. COMMISSIONER SIMPSON MOVED THAT THE COMMISSION FORWARD THE COMPREHENSIVE PLAN AMENDMENT DOCKET TO THE CITY COUNCIL AS PRESENTED ON SEPTEMBER 17, 2013, WITH A RECOMMENDATION OF APPROVAL. COMMISSIONER LAMBERT SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY Public Workshop: Gorst Subarea Plan Ms. Daniels explained that the purpose of the workshop is to discuss the Watershed Characterization, Gorst Urban Growth Area Subarea Plan and Final Environmental Impact Statement (FEIS). She reminded the Commission that this has been a collaborative effort between the City of Bremerton and Kitsap County. The effort has been primarily funded by a grant from the United States Environmental Protection Agency (EPA) and is intended to result in a consistent land-use plan for the future of Gorst. She reminded the Commission that Kitsap County currently governs the unincorporated Gorst Urban Growth Area (UGA) but has assigned it as a future annexation area to the City of Bremerton. Ms. Daniels advised that the primary project objectives include: • Prime Gorst for potential redevelopment. • Allow Gorst to become a more complete community. • Protect water quality, habitat and fish while fostering economic development. • Identify areas for development, restoration and protection based on science. • Implement a long-range capital improvement plan to provide for future utility services, public services and transportation needs. Ms. Daniels referred to the notebooks that were provided to Commissioners, which contain three documents: The Watershed Characterization and Framework, Subarea Plan and Development Regulations, and Final Environmental Impact Statement (FEIS). She noted that the Watershed Characterization and Framework Plan was modified by updating the goals and policies based on Commission comments during the June and July workshops. In addition, an appendix was added based on public comment that ultimately resulted in revised watershed boundaries. She briefly reviewed the revised boundaries, which are intended to protect the watershed while creating an urban growth area that is primed for redevelopment. Ms. Daniels advised that the draft Environmental Impact Statement (EIS) was presented to the Commission in June, and was followed by a 45-day comment period that ended July 23rd. The Final Planned Action Environmental Impact Statement (FEIS) addresses the comments that were received and verifies the preferred alternative for the Gorst Subarea Plan. She noted that all documents related to the Gorst watershed and subarea plans can be found at the project website www.gorstwatershed.com. Attachment 2 DRAFTMs. Daniels referred to the draft Subarea Plan and Development Regulation. She reviewed that when preparing the draft plan, the following questions and policy issues were considered: • Develop an appropriate preferred land-use alternative and associated zoning. • Should some zoning and incentives be phased post annexation? • How to coordinate shoreline regulations in the City and County, especially on Gorst Creek? At this time, the City’s code is much less restrictive on Gorst Creek and more restrictive on the shoreline. • How to mitigate stormwater and flooding conditions along Sinclair Inlet and Gorst Creek? • How to best manage multimodal travel in Gorst (i.e. added pedestrian and transit features, managing traffic, and implementing non-motorized facilities). Ms. Daniels reviewed that, in addition to the 45-day comment period for SEPA, the City conducted multiple stakeholder meetings and community workshops. They also met with the Advisory Committee and project partners. At the Gorst Community Workshop in June, citizens favored an alternative that provided a broader range of residential uses. They also suggested lower intensity development along the shoreline and Gorst Creek to protect salmon habitat and water quality. In addition to the comments received at the community workshop and stakeholder meetings, the City received comments from the Washington State Department of Transportation (WSDOT), the Suquamish Tribe, and Sustainable Bremerton. • WSDOT expressed concern about cumulative volumes of traffic on state routes. They requested clarification on the County’s level of service (LOS) and concurrency standards. They also requested an analysis of intersections, links and mitigation at the development stage. They expressed a desire to reduce access points and restrict turning movements in Gorst. • The Suquamish Tribe stated a desire that the City and County ensure that wetland delineations are performed for planned areas. They indicated a need for regular notification of planned actions. They stated their support for Alternative 3, with a slight modification to reflect less intense development on streams in headwaters. They recommended that the plan limit impervious surface area throughout the watershed, as per the Department of Ecology’s (DOE) Stormwater Management Manual. In addition, when pursuing the Gorst Creek Management Overlay, they would like to see that the inner 50 feet is “no touch”. They provided recommendations regarding vegetation and trails in the subarea, as well. • Sustainable Bremerton commented on the need to extend protection of Gorst Creek by expanding the Low- Intensity Waterfront zoning to the full flood plain. They were in favor of restoration as a tool to support the local economy. They also supported multimodal improvements. Ms. Daniels advised that the Commission received a preliminary draft of the Gorst Subarea Plan in June, but the current version provides much more detail as a preferred alternative has been chosen. The newest version provides specific development regulations for both the County (Chapter 9) and the City (Chapter 8). She reminded them that the goal is to provide consistency with the jurisdictions so there can be a smooth transition when the City annexes. She cautioned that while the City and County codes differ in format, the majority of the information is the same. Commissioner Simpson asked why the City did not annex the Gorst Urban Growth Area before the planning process started. Doing so would have eliminated the need to collaborate with the County. Ms. Daniels responded that the City and County received grant funding to move forward with the subarea plan in 2010. At that time, the City had hoped to proceed with annexation in conjunction with the subarea plan. However, staff changes delayed the annexation process, and the grant timeline required the City to move forward. This required the City to work with the County to complete the subarea plan now, and the City plans to move forward with the fiscal analysis for the annexation in 2014. Ms. Daniels provided a map to illustrate the preferred alternative and described the various districts as follows: • The Low-Intensity Waterfront District would allow commercial uses to serve the traveling public in a development pattern that reduces impervious surfaces, promotes shoreline reclamation and open space, promotes landscape and streetscape improvements, promotes pedestrian safety and comfort, and improves vehicular access. Attachment 2 DRAFTCommercial uses would occur on smaller impervious footprints interspersed by trails, parks and reclaimed shoreline habitat. New residential uses would be restricted. There are currently two residential homes located in this area. She noted that new stormwater and flood plain management requirements already make redevelopment in waterfront areas much more restrictive. • The Low-Intensity Mixed Use District promotes a mixture of uses (retail, hotel, office, services, and residential) in horizontal or small-scale vertical patterns. It also promotes regional commercial uses designated to maximize shoreline views and allow streamside public access where appropriate. A less intensive pattern is found on Gorst Creek and West Belfair Road. A new development pattern reduces impervious surfaces; improves vehicular access; and promotes creek restoration, landscape and streetscape improvements, and pedestrian safety and comfort. The requirements in this zone reflect comments the City received from WSDOT regarding access to and from state highways. • The Gorst Creek Mixed Use District promotes a mixture of uses (retail, hotel, office, services, and residential) in horizontal or small-scale vertical patterns. It also promotes regional commercial uses designated to maximize shoreline views and allow streamside public access where appropriate. A more intensive development pattern is found in Central Gorst, with a less intensive pattern on West Belfair Road, Sam Christopherson Road West, and West Frontage Road/West Frone Drive. At the request of Chair Jose, Ms. Daniels explained that there are a lot more development regulations in the flood plains. Therefore, development regulations in the Low-Intensity Mixed Use Zone would be more restrictive than the Gorst Creek Mixed Use Zone. • The Neighborhood Mixed Use District promotes low and medium-density housing, including detached single- family, attached single-family, cottages, townhomes, small-scale flats, and accessory dwelling units. Development would be accomplished in an environmentally-sustainable pattern, such as clustering, low-impact development techniques, energy conservation, and similar methods. Small-scale commercial uses that serve local residences would be allowed, and public/private open spaces would also be promoted. She noted that this designation would apply to the properties that are currently identified as Mineral Resources and Industrial, and would maintain these designations under the County’s plan for the time being. She reminded the Commission that it is anticipated that the mine area is going to be reclaimed in 10 years when the mining use is discontinued. • The Commercial Corridor District would provide locations for high-intensity commercial uses serving the entire community while preserving maritime views and forested areas and buffering impacts to adjacent residential areas. The corridor would accommodate access to businesses by automobile while also creating a pedestrian-friendly, transit-supporting corridor. • The Industrial District would accommodate light and heavy industrial uses in locations where there is limited interaction with residential uses. Uses would include large-scale and/or heavy industries in a manner that reduces impact to the community while meeting industry’s needs for easy access, large sites, and locations that do not cause conflicts with residential and other less-intense-use areas. Chair Jose noted that that the “Industrial District” should be included as a category in the guide (Figure 17) that was prepared by staff. • The Gorst Creek Residential District would apply to low-density residential and large-lot residential areas along Gorst Creek where low-impact development and riparian and wetland zone protection are priorities. Clustered development patterns and incentives for stream restoration are promoted in this district. • The Open Space/Recreation Designation would allow for active and passive parks, recreation and open space facilities. Secondary uses would include accessory commercial such as concessions, recreation equipment rental, and other small-scale facilities that support and enhance public access and recreation. Attachment 2 DRAFTMs. Daniels emphasized that addressing stormwater issues was a high priority when selecting a preferred alternative. The proposed subarea plan includes incentives to reduce impervious surfaces along the shoreline and in flood plains. It also encourages and/or requires low-impact development where feasible. Chair Jose asked staff to clarify when low-impact development would be required versus encouraged. Lisa Grueter, Berk Consulting, explained that the City defers to the DOE’s Stormwater Manual for stormwater regulations. The DOE’s Stormwater Manual requires rather than encourages low- impact development. The proposed plan calls out incentives, such as additional height, in exchange for retaining more stormwater on site. Ms. Daniels said the plan chronicles specific stormwater issues and proposes planning level design fixes with costs, which is necessary for the City to be eligible for additional state and federal grant funding. She provided a map identifying 14 capital facilities projects that are needed in the Gorst Subarea to address known stormwater issues. She noted that once the area is annexed, the City will be responsible for developing a funding plan for the public improvements and other items on that list that are on private property will be the responsibility of private property owners. Ms. Daniels reviewed that the proposed plan also addresses transportation issues. It specifically identifies the need to coordinate closely with WSDOT’s plans for improvement of the Gorst interchange. It calls for pedestrian connectivity between the Gorst shoreline and other Gorst neighborhoods. The plan will require a full traffic review of any large future development that increases trips at peak-hour trips greater than 2% including the of the rock quarry/gravel pit to identify potential impacts which is consistent with City regulations. The plan also incorporates regional non-motorized facilities into the land use pattern. Ms. Daniels recalled that the Commission recommended mixed use in the triangular area that is now shown on the map to be Commercial Corridor. She explained that the triangle is surrounded by highways. If the roadways are expanded, the area within the triangle will get smaller and smaller. Staff is not recommending that residential development be encouraged in this location. Commissioner Simpson noted the locations of the highways that run through the Gorst Subarea. While the plan talks about encouraging the subarea as a place where people will want to come to recreate, she would not have chosen to take her children there to play. Instead, she would choose another park, such as Evergreen Park, where there is no major highway. She said she is not trying to discourage the Commission from moving the plan forward, but she questioned what percentage of the population would realistically choose to go to Gorst when there are dozens of other parks in the County. Ms. Daniels pointed out that when the area is developed, those living in the new community will want to have resources in their neighborhood. However, she acknowledged that the City will need to provide a safe pedestrian access over the highway to the waterfront parks. She pointed out that Jarstad Park, a very popular park, is already located in the area. Chair Jose asked if a highway crossing was included in the Capital Facilities Plan. If so, has a cost estimate been attached to the project? Ms. Grueter said the plan includes a policy that supports an overpass, and the map identifies a location for the crossing. However, no cost estimate has been provided at this time. Chair Jose said the crossing was discussed by the Advisory Committee, but it is unclear where the crossing would happen and what it would look like. However, the policy is that some type of safe crossing should be provided. Commissioner Simpson observed that the intent is to make the Gorst Subarea a destination where people come to spend their money. She asked staff to identify where a business such as a Fred Meyer or Walmart could be developed and supported based on the preferred alternative. Ms. Daniels answered that this type of use could be located in the Gorst Creek Mixed Use or Commercial Corridor Districts. Ms. Grueter added that the proposed plan would not restrict the types of retail allowed, but the developers will have to get creative when developing in the areas that limit pervious surfaces such as packing. The big box retailers have been getting more creative with their design, which is becoming less uncommon. Commissioner Simpson summarized that commercial uses would be located in the triangle that is anticipated to get smaller as the years go by. Ms. Grueter said commercial uses would also be allowed in the Low-Intensity Waterfront, Low- Intensity Mixed Use and Gorst Creek Mixed Use Districts, but more restrictions would apply. Commissioner Simpson asked if the proposed plan would allow the Subaru Dealership to convert to a Walmart or Fred Meyer. Ms. Grueter answered affirmatively, but explained that restrictions would apply. For example, the development would have to be placed further away from the waterfront. However, the height restrictions in the various zones recognize the fact that property owners would be required to develop further back from the critical area. Commissioner Simpson said it was her Attachment 2 DRAFTunderstanding that properties on the water side of the highway would be off limits for any real development. Chair Jose said it is not likely that a traditional, one-story box store similar to the one located in East Bremerton, with a sea of parking, could be developed in the Gorst Subarea. However, it is important to keep in mind that the use, itself, would not be restricted. It would be possible to develop the use with a more modern design. Again, Commissioner Simpson questioned how the City would attract families to live, shop and play in the Gorst Subarea if it is easier for them to go to Costco to spend their money rather than a few boutique shops in Gorst. On paper, the plan looks great, but she questioned how viable small stores would be for the public who might want to move into the subarea. Again, she said she would not take her children to the park by the freeway. She questioned where people will park to visit the parks. She also pointed out that a large number of parking spaces would be required for a box store that is several stories high. She summarized that she does not see how the City can attract the businesses and jobs necessary to implement the proposed plan. The plan must be viable in order to sell it to the public. Chair Jose said it is important to maximize the uses allowed in the mixed-use districts and let the market determine what works best for each site. He acknowledged that there are no large, flat open spaces in the subarea. They must work with what they have to maximize opportunities within each of the commercial areas. Ms. Daniels pointed out the commercial areas where uses such as Fred Meyer and Walmart could potentially locate. She also pointed out the properties that are located within the flood plain where development would be more restricted. Chair Jose observed that there are some large parcels in the southern portion of the subarea. Ms. Daniels pointed out that, as currently proposed, a City-specific code would be adopted for the Gorst Urban Growth Area. This code would be consistent with, but not identical to, the proposed County Code. Annexation would be promoted as part of a holistic, but not immediate, discussion. In addition, the Gorst Creek Management Zone Overlay identifies incentives, such as additional height in exchange for reducing the amount of impervious surface, to preserve the waterfront while still allowing for reasonable development. Commissioner Dinkuhn suggested there is conflicting language in the descriptions of the height incentives allowed for each zone. For example, she noted that the plan calls for preserving view corridors, but allowing greater heights could eliminate some existing views. Ms. Grueter said the maximum height allowed varies, depending on the district and consideration was implemented in the height table and zones further back, allow for greater height then such zones as the Low Intensity Waterfront. Ms. Daniels explained that the proposed Planned Action Ordinance would provide a detailed, area-wide environmental analysis that would allow the City to streamline development proposals. If a proposal complies with the Planned Action Ordinance, the Gorst Subarea Plan, and the mitigation measures identified in the Final EIS, no additional SEPA review would be required. However, she emphasized that the project would still have to comply with all applicable City codes, including the Critical Areas Ordinance and Shoreline Master Program. Chair Jose added that one of the greatest benefits of a Planned Action Ordinance is the predictability it provides. Developers know what the costs, mitigation measures, etc. will be up front. He explained that, prior to SEPA review, developers have no idea what the mitigation requirements will be. This risk tends to scare off developers. Ms. Daniels advised that thresholds are attached to the Planned Action Ordinance. After development reaches a certain number of households or commercial square footage, the City may choose to conduct another Environmental Review to continue the benefit of the Planned Action process. She handed out a discussion guide that provides more information about the planned action ordinance. Ms. Grueter referred to the tools identified in the discussion guide related to the preferred alternative and this should hopefully provide guidance for the Planning Commission to consider the Planned Action Ordinance. Commissioner Lambert noted that the Planned Action Ordinance would facilitate an increase of a specific number of households. She asked if the number is intended to be a target or a maximum. She also asked if the number is binding in any way. Ms. Grueter answered that it is not necessarily binding. It just means that development below that threshold would be exempt from additional SEPA review. Once the threshold is exceeded, the City could review and potentially change the Planned Action Ordinance. She explained that the number came out of the environmental review, and the mitigation measures were sized based on the City’s assumption for how much growth would occur. Attachment 2 DRAFTMs. Daniels briefly reviewed the Gorst Creek Watershed Plan Schedule. She specifically noted that City and County Planning Commission hearings and meetings will take place this fall, with final public hearings before the City and County Councils in late fall. It is anticipated that the plan and accompanying regulations will be adopted by the end of 2013. She encouraged the Commissioners to contact her with additional questions and comments regarding the proposed plan. Vice Chair Tift referenced the map that was provided by staff to identify the capital improvement projects needed to address stormwater issues. Ms. Daniels explained that all of the red boxes identify problem areas. She said the Stormwater Capital Improvement Plan provides a brief description of each issue. While the plan does not necessarily provide a solution, it identifies the problems and the estimated costs associated with resolving the problems. It is hoped that by identifying the issues and their associated costs, the City will be eligible for grant funding for studies to move the projects forward. Vice Chair Tift asked if the proposed study is intended to find solutions to all 14 of the issues. Ms. Grueter answered that the purpose of the study is to identify the exact source of the problems and potential solutions. Some of the projects would be funded by property owners and others by the City. Chair Jose asked if the stormwater issues have been prioritized. Ms. Daniels said the capital improvement plan in the back of the Subarea Plan does list the stormwater issues in a prioritized manner. Commissioner Dinkuhn observed that none of the stormwater issues that have priority are being addressed currently on a City budget. The costs associated with resolving these issues may come up when determining whether or not the City wants to move forward with annexation. Ms. Daniels agreed that would be part of the discussion. Commissioner Simpson asked staff to describe how the City would benefit from annexation. Ms. Daniels advised that annexing the property is a probability in the future as the City provides sewer service to the area. She pointed out that areas around the urban growth are already City of Bremerton jurisdiction. In addition, the tax revenue could be a benefit. Further fiscal analysis will need to be performed. Commissioner Tift referred to the Gorst Watershed and Gorst UGA Vicinity Map (Figure 1), which appears to show Gorst as an actual city. Ms. Daniels said the map was intended to identify Gorst as an Urban Growth Area, but the coloring was bad. Ms. Daniels referred to additional documents that were added at the end of the binder that was provided to the Commissioners, these are proposed addendums to the Subarea Plan and Watershed Characterization for consideration and are available on the website for public review. Chair Jose summarized that the additional items are pending changes to the documents that have not been integrated yet. Commissioner Simpson referred to the Kitsap County Comprehensive Plan Land Use Map (Figure 19.1), which appears to designate a lot of the area as Industrial. Ms. Grueter explained that the current growth projections for this area of Kitsap County are very low. The County cannot change the designations on their map until the growth projections have been adjusted accordingly. They must continue the Mineral Resource and Industrial designations until their County Wide Planning Policies have been updated as current the residential population for Gorst is lower than the Subarea Plan is allocating. The County has committed to the City’s overall concept for the subarea plan, but they must phase it to be in compliance with the Countywide Planning Policies population numbers. BUSINESS MEETING Chair Report Chair Jose did not have any items to report. Director Report Ms. Floyd reported that because of budget meetings, Director Spencer was unable to attending the Commission meeting. She announced that Garrett Jackson was recently hired as the City’s newest planner. Attachment 2 DRAFT Old Business There was no old business to come before the Commission. New Business No new business was scheduled on the agenda. ADJOURNMENT The meeting was adjourned at 6:41 p.m. Respectively Submitted by: ______________________________ ______________________________ Andrea L Spencer, AICP Greg Jose, Chair Executive Secretary Planning Commission Attachment 2 1 2013 Comp Plan Amendment ORDINANCE NO. ____ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending the Comprehensive Plan to re- designate two parcels in the land use map from Industrial Park to Low Density Residential. WHEREAS, the City of Bremerton adopted a Comprehensive Plan on December 1, 2004 by Ordinance No. 4917 and has been subsequently amended by Ordinances No.; 4954, 4962, 4985, 4998, 5025, 5034, 5037, 5062, 5077, 5082, 5094 and 5202 hereinafter referred to as the “Comprehensive Plan”; and WHEREAS, the Washington State Growth Management Act ("GMA") requires internal consistency among comprehensive plan elements and applicable regional plans; and WHEREAS, to assure that comprehensive plans remain relevant and up to date, the GMA requires each jurisdiction to establish procedures whereby amendments to the plan are considered by the City Council (RCW 36.70A.130(2)), and limits these amendments to once each year unless an emergency exists; and WHEREAS, the City of Bremerton has established a procedure for amending the Comprehensive Plan in Title 20.10.010 of the Bremerton Municipal Code (BMC), that limits amendments to the Comprehensive Plan to no more than once each year; and WHEREAS, the City of Bremerton allows applications to be submitted each year between January and the first business day of April; and WHEREAS, one Comprehensive Plan amendment application was submitted by Olympic Property Group/West Hills Development LLC (“Applicant”) on March 27, 2013, prior to the deadline, to address changing circumstances relative to land use needs for property owned by West Hills Development LLC, tax parcel numbers (282401-1-085-2001 and 282401-1-086- 2000), (“Property”); and WHEREAS, the Planning Commission conducted a workshop on the 2013 Comprehensive Plan amendment proposal on May 21, 2013; and WHEREAS, consistent with RCW 36.70A.106 the 60-day notice period began on August 19, 2013 when the Washington State Department of Commerce received notification of the Comprehensive Plan Amendment for 2013; and WHEREAS, on August 21, 2013 a SEPA DNS was issued for the amendment with a comment deadline of September 4, 2013, with an administrative appeal deadline of September 18, 2013; and WHEREAS, on September 7, 2013 the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing held by the Planning Commission; and 2 2013 Comp Plan Amendment WHEREAS, on September 17, 2013 the Planning Commission conducted a public hearing on the 2013 Comprehensive Plan Amendment, and the Planning Commission continued the hearing to October 15, 2013; and WHEREAS, on September 18, 2013, Kitsap County Department of Community Development appealed the SEPA determination relating to issues concerning the application of the West Hills Development Agreement dated July 14, 2000 (Kitsap County Auditor’s File No. 200007270004), ( “Development Agreement”) to the Property as well as other matters; and WHEREAS, on October 4, 2013, a SEPA addendum was issued to withdraw application of the requirements of the development agreement for the Property; and WHEREAS, on October 10, 2013, Kitsap County Department of Community Development withdrew the appeal on the SEPA determination; and WHEREAS, on October 15, 2013 the Planning Commission continued the public hearing on the 2013 Comprehensive Plan Amendment, and the Planning Commission recommended the City Council approve the amendment; and WHEREAS, by letter to the City dated October 25, 2013, the Applicant for the proposed 2013 Comprehensive Plan Amendment, acknowledged and agreed that upon adoption and effective date of the proposed amendment, the vested rights set forth in the Development Agreement will no longer apply to the Property currently owned by West Hills Development LLC; and WHEREAS, on November 7, 2013 the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing held by the City Council; and WHEREAS, on November 20, 2013 the City Council conducted a public hearing and considered all testimony prior to their decision; and WHEREAS, the amendment proposals satisfy the decision criteria of BMC 20.10.080 for Comprehensive Plan amendments; and WHEREAS, the proposal meets requirements of the Washington State Growth Management Act (GMA); and WHEREAS, the proposal is consistent with Kitsap County Countywide Planning Policies (KCCPP); and WHEREAS, the subject parcels will be required to be rezoned Low Density Residential for consistency with our Comprehensive Plan Land Designation and Zoning Map. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 3 2013 Comp Plan Amendment SECTION 1. Recitals Adopted. The findings set forth in the recitals above area hereby adopted and incorporated herein. SECTION 2. Planning Commission Findings Adopted. The findings and conclusions adopted by the Planning Commission on October 9, 2012 and attached hereto as Exhibit A are adopted and incorporated as if set forth fully herein. SECTION 3. Comprehensive Plan Amended. The City of Bremerton Comprehensive Plan is hereby amended by approving and adopting the proposed 2013 Comprehensive Plan amendment to amend the Comprehensive Plan Land Designation Map for two parcels (282401-1-085-2001and 282401-1-086-2000) from Industrial Park designation to Low Density Residential, more particularly described in Exhibit B affixed hereto. SECTION 4. Development Agreement. Following expiration of the appeal period for this ordinance adopting the 2013 Comprehensive Plan Amendment, the vested rights set forth in the West Hills Development Agreement dated July 14, 2000 (Kitsap County Auditor’s File No. 200007270004) will no longer apply to the two subject parcels (282401-1- 085-2001 and 282401-1-086-2000) currently owned by West Hills Development LLC. All other terms and conditions of the subject Development Agreement shall continue to apply unless said agreement is amended or terminated by the City and West Hills Development LLC, or its successors and /or assigns; and SECTION 5. Rezone Required. Following the approval of the 2013 amendment to the Comprehensive Land Designation Map for the two parcels (282401-1-085-2001 and 282401-1-086-2000) from Industrial Park designation to Low Density Residential, the subject parcels will be required to be rezoned to provide consistency with the Comprehensive Plan and Zoning Map. SECTION 6. Severability. If any provision of this ordinance is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remainder of this ordinance. Provided however, that if any provision of this ordinance is held invalid or unconstitutional, then the provision in effect prior to the effective date of this ordinance shall be in full force and effect for that individual provision as if this ordinance had never been adopted. SECTION 7. 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___________ day of ____________________, 2013 _________________________________ GREG WHEELER, Council President Approved this ________ day of ________________________, 2013 4 2013 Comp Plan Amendment _________________________________ PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the________ day of ______________________, 2013 EFFECTIVE the_________day of ______________________, 2013 ORDINANCE NO. ____________ R:\Legal\Legal\Ordinances\Community Development\2013 Comp Plan Ordinance-final.doc Exhibit A Exhibit A Exhibit A R-10 Low Density Residential Industrial Park Urban Reserve Urban Low Residential Urban Medium ResidentialIndustrialIndustrial R-10 Low Density Residential ULR City of Bremerton Kitsap County City of Bremerton Kitsap CountyProposed Comprehensive Plan Map Change Area 1.0FIGURE: PROJECTION: WASHINGTON STATE PLANE, NORTH ZONE, NAD 83, FEET JOB NUMBER: OPM01 DRAWING NAME: OPM01F11 DRAWING BY: I. MIERAU DATE: 03-18-13 SCALE: AS SHOWN JURISDICTION: BREMERTON DESIGNER: A. BENTON REVISION:SOURCE INFORMATIONDESCRIPTIONSOURCE AGENCYUSDACOLOR AERIAL PHOTOGRAPHY (2011)KITSAP COUNTY GISPARCEL BOUNDARYOPM01F11.mxd | MOD: 03/18/2013 | IGMLEGEND q Scale in Feet Bremerton Puget Sound Mapped Extent S R -16SR-3Port Orchard VICINITY MAP 0 300 600 OLYMPIC PROPERTY GROUP, LLC.WRIGHT CREEKVICINITY MAPWITH ZONING DESIGNATIONSPhase I Boundary Parcel Boundary City Limits THE CIVIL ENGINEERING GROUPCommercialInfrastructureResidential14201 NE 200th St., #100Woodinville, WA 98072Ph. 425.806.1869www.LDCcorp.comFx. 425.482.2893KITSAP COUNTY GISUNINCORPORATED COUNTY ZONINGCITY OF BREMERTONCITY ZONING - DIGITIZED FROM CITY'SOFFICIAL ZONING MAP AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. ____ revising the Bremerton Municipal Code Chapter 17.60 relating to Floodplain Management Study Session Date: 11/13/13 COUNCIL MEETING Date: 11/20/13 Department: PW & U Presenter: Knuckey Phone: 473-2376 SUMMARY: In October, 2012 the Washington State Department of Ecology performed a Community Assistance Visit (CAV) to review the City’s compliance with the National Flood Insurance Program. Subsequent to this visit, Ecology provided comments regarding required updates to the City’s Flood Damage Prevention Ordinance, BMC 17.60. The proposed update to BMC Chapter 17.60 incorporates all comments from the CAV. ATTACHMENTS: Ordinance No. _____ FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☐ No Presentation ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Ordinance No. ____ revising Chapter 17.60 of the Bremerton Municipal Code entitled “Floodplain Management.” COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/25/13 1 Chapter 17.60 BMC Floodplain Management ORDINANCE NO. ________ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 17.60 of the Bremerton Municipal Code entitled Floodplain Management. WHEREAS, the City Council desires to update provisions relating of Chapter 17.60 of the Bremerton Municipal Code to maintain compliance with the National Flood Plain Insurance Program; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 17.60 of the Bremerton Municipal Code entitled "Floodplain Management" is hereby amended to read as follows: Chapter 17.60 FLOODPLAIN MANAGEMENT 17.60.010 STATUTORY AUTHORIZATION. The city of Bremerton has the legal authority and responsibility to adopt regulations designed to promote the public health and general welfare of its citizenry pursuant to Article XI, Sections 10 and 11 of the Washington State Constitution, and Article III of the Bremerton City Charter and Section 7 of city Ordinance 2678. Therefore, the city does ordain as follows in this chapter. 17.60.020 FINDINGS OF FACT. (a) The flood hazard areas of the city are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. (b) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofedflood proofed, elevated or otherwise protected from flood damage also contribute to the flood loss. 17.60.030 STATEMENT OF PURPOSE. It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: (1a) To protect human life and health; (2b) To minimize expenditure of public money and costly flood control projects; (3c) To minimize the need for rescue and relief effort associated with flooding and generally undertaken at the expense of the general public; (4d) To minimize prolonged business interruptions; 2 Chapter 17.60 BMC Floodplain Management (5e) To minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; streets and bridges located in areas of special flood hazard; (6f) To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize blight resulting from future flood; (7g) To ensure that potential buyers are notified that property is in an area of special flood hazard; and (8h) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. 17.60.040 METHODS OF REDUCING FLOOD LOSSES. In order to accomplish its purposes, this chapter includes methods and provisions: (1a) Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards or in flood heights or velocities; (2b) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3c) Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters; (4d) Controlling filling, grading, dredging and other development which may increase flood damage; and (5e) Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. 17.60.050 DEFINITIONS. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. (1) "Appeal" means a request for a review of the City Engineer's interpretation of any provision of this chapter or a request for a variance. (2) "Area of shallow flooding" means a designated AO or AH zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one (1) to three (3) feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. AO is characterized as sheet flow and AH indicates ponding. (3) "Area of special flood hazard" means the land in the floodplain within a community subject to a one (1) percent or greater chance of flooding in any given year. (4) "Basement" means any area of the building having its floor subgrade (below ground level) on all sides. (5) "Base flood" means the flood having a one (1) percent chance of being equaled or exceeded in any given year. “Base flood elevation” means the water surface elevation corresponding to a flood having a one percent probability of being equaled or exceeded in a given year. “Breakaway Wall” means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. 3 Chapter 17.60 BMC Floodplain Management “Coastal High Hazard Area” means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on the FIRM as Zone V1-30, VE or V. “Critical Facility” means a facility for which even a slight chance of flooding might be too great. Critical facilities include (but are not limited to) schools, nursing homes, hospitals, police, fire and emergency response installations, and installations which produce, use or store hazardous materials or hazardous waste. (6) "Development" means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials located within the area of special flood hazard. “Elevated Building” means for insurance purposes, a non-basement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns. “Elevations Certificate” means the official form (FEMA Form 81-31) used to track development, provide elevation information necessary to ensure compliance with community floodplain management ordinances, and determine the proper insurance premium rate with Section B completed by Community Officials. (7) "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (a) The overflow of inland or tidal waters; and/or (b) The unusual and rapid accumulation of runoff of surface waters from any source. (8) "Flood Insurance Rate Map or (FIRM)" means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium applicable to the community. (9) "Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary Floodway Map, and the water surface elevation of the base flood. (10) "Floodplain" means any land area susceptible to being inundated by water from any source. (11) "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. “Increased Cost of Compliance” or (ICC)” means a flood insurance claim payment up to $30,000 directly to a property owner for the cost to comply with floodplain management regulations after a direct physical loss caused by a flood. Eligibility of an ICC claim can be through a single instance of “substantial damage” or as a result of “cumulative substantial damage”. (12) "Lowest floor" means the lowest floor of the enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter found at BMC 17.60.300(b). 4 Chapter 17.60 BMC Floodplain Management (13) "Habitable floor" means any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a "habitable floor." (14) "Manufactured home" means a structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailer, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. (15) "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale. (16) "New construction" means structures for which the "start of construction" commenced on or after the effective date of the ordinance codified in this chapter. (17) "Recreational vehicle" means a vehicle built on a single chassis, that is four hundred (400) square feet or less when measured at the largest horizontal projection, designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. (18) "Start of construction" includes substantial improvements, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty (180) days of the permit date. The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. (19) "Structure" means a walled and roofed building including a gas or liquid storage tank that is principally above ground. “Substantial Damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred. (20) "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure: (a) Before the improvement or repair is started; or (b) If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: 5 Chapter 17.60 BMC Floodplain Management (a) Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditionscorrect pre-cited existing violations of state or local health, sanitary, or safety code specifications which have been previously identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (b) Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. (21) "Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. 17.60.060 LANDS TO WHICH THIS CHAPTER APPLIES. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city of Bremerton. 17.60.070 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for Kitsap County and Incorporated Areas" dated November 4, 2010, and any revisions thereto, with accompanying Flood Insurance Rate Maps, and any revisions thereto, are hereby adopted by reference and declared to be a part of this chapter. The best available information for flood hazard area identification as outlined in BMC 17.60.140(b) shall be the basis for regulation until a new FIRM is issued that incorporates data utilized under BMC 17.60.140(b). The Flood Insurance Study is on file at the Bremerton Department of Community Development, 345 6th Street, Suite 600, Bremerton, WA 98337. 17.60.080 PENALTIES FOR NONCOMPLIANCE. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $1,000.00 or imprisoned for not more than ninety (90) days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the City of Bremerton from taking such other lawful action as is necessary to prevent or remedy any violation. 17.60.090 ABROGATION AND GREATER RESTRICTIONS. This chapter is not intended to repeal, abrogate or impair an existing easements, covenants or deed restrictions. However where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 17.60.100 INTERPRETATION. In the interpretation and application of this chapter, all provisions shall be: (1a) Considered as minimum requirements; 6 Chapter 17.60 BMC Floodplain Management (2b) Liberally construed in favor of the governing body; and (3c) Deemed neither to limit nor repeal any other powers granted under state statutes. 17.60.110 WARNINGS AND DISCLAIMER OF LIABILITY. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city, any officer or employee thereof, or the Federal Insurance Administration for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. 17.60.120 ESTABLISHMENT OF FLOOD PLAIN DEVELOPMENT PERMIT. A floodplain development permit shall be obtained before construction or development begins within any area of special flood hazard established in BMC 17.60.070. The permit shall be for all structures including mobile homes, as set forth in BMC 17.60.050, and for all other developments including fill and other activities, also as set forth in BMC 17.60.050. Application for floodplain development permit shall be made on forms furnished by the city engineer and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required: (1a) Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; (2b) Elevation in relation to mean sea level to which any structure has been floodproofedflood proofed; (3c) Certification by a registered professional engineer or architect that the floodproofingflood proofing methods for any nonresidential structure meet the floodproofingflood proofing criteria in §BMC 17.60.130; and (4d) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. 17.60.130 DESIGNATION OF CITY ENGINEER AS LOCAL ADMINISTRATOR. The city engineer is appointed to administer and implement this chapter, by granting or denying floodplain development permit applications in accordance with its provisions. 17.60.140 DUTIES AND RESPONSIBILITIES OF THE CITY ENGINEER. Duties of the City Engineer shall include, but not be limited to: Permit Review (1a) Floodplain Development Permit Application Review. (A1) Review all development permits to determine that the permit requirements of this chapter have been satisfied. 7 Chapter 17.60 BMC Floodplain Management (B2) Review all development permits to determine that all necessary permits have been obtained from those Federal, State, or local governmental agencies from which prior approval is required. (C3) Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of §BMC 17.60.330(1a) are met. (2b) Use of Other Base Flood Data - When base flood elevation data has not been provided in accordance with §BMC 17.60.070 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the City Engineer shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administration Sections SPECIFIC STANDARDS, and FLOODWAYS. (3c) Information to be Obtained and Maintained (A1) Where base flood elevation data is provided through the Flood Insurance Study or required as in §BMC 17.60.140(2b) obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement. (B2) For all new or substantially improved floodproofedflood proofed structures: (i) Verify and record the actual elevation (in relation to mean sea level) to which the structure was floodproofedflood proofed, and (ii) Maintain the floodproofingflood proofing certifications required in §BMC 17.60.120(3c). (C3) Maintain for public inspection all records pertaining to the provisions of this chapter. (4d) Alteration of Watercourses (A1) Notify adjacent communities and the Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. (B2) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. (C3) Interpretation of FIRM boundaries - Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in §BMC 17.60.150. 17.60.150 VARIANCE - COUNCIL AUTHORITY GENERALLY. The city council shall hear and decide appeals and requests for variances from the requirements of this chapter. 17.60.160 VARIANCE - ALLEGED ERROR BY ENGINEER. The city council shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the city engineer in the enforcement or administration of this chapter. 8 Chapter 17.60 BMC Floodplain Management 17.60.170 VARIANCE - APPEAL TO COUNTY COURT. Those aggrieved by the decision of the city council or any taxpayer, may appeal such decision to the Kitsap County superior court, as provided by law. 17.60.180 VARIANCE - CONSIDERATIONS. In passing upon such applications, the city council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and: (1a) The danger that materials may be swept onto other lands to the injury of others; (2b) The danger to life and property due to flooding or erosion damage; (3c) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (4d) The importance of the services provided by the proposed facility to the community; (5e) The necessity to the facility of a waterfront location, where applicable; (6f) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (7g) The compatibility of the proposed use with existing and anticipated development; (8h) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (9i) The safety of access to the property in times of flood for ordinary and emergency vehicles; (10j) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and (11k) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges. 17.60.190 VARIANCE - LOTS OF ONE-HALF ACRE. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous and surrounded by lots with existing structures constructed below the base flood level, providing subsections (1a) through (11k) of §BMC 17.60.180 have been fully considered. As the lot size increases beyond the one- half acre, the technical justification required for issuing the variance increases. 17.60.200 VARIANCE - COUNCIL AUTHORITY TO ATTACH CONDITIONS. Upon consideration of the factors of §BMC 17.60.180 and the purposes of this chapter, the city council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. 17.60.210 VARIANCE - RECORDS AND REPORTS. The city engineer shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. 9 Chapter 17.60 BMC Floodplain Management 17.60.220 VARIANCE - CONDITIONS GENERALLY. (a) Vvariances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places that will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure without regard to the procedures set forth in the remainder of this section. (b) Vvariances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (c) Vvariances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (d) Vvariances shall only be issued upon: (1) A showing of good and sufficient cause; (2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and (3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in §BMC 17.60.180, or conflict with existing local laws or ordinances. (e) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (f) Vvariances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare. (g) Vvariances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofingflood proofing than watertight or dry floodproofingflood proofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria, except BMC 17.60.220, and otherwise complies with §BMC 17.60.240. 17.60.230 FLOOD HAZARD PROTECTION - GENERAL STANDARDS. In all areas of special flood hazards the standards set out in BMC 17.60.240 through BMC 17.60.280 are required. 17.60.240 ANCHORING. (a) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure. (b) All manufactured/mobile homes shall be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top and frame ties to ground anchors. 10 Chapter 17.60 BMC Floodplain Management 17.60.250 CONSTRUCTION MATERIALS AND METHODS. (a) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (b) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. (c) Electrical, heating, ventilation, plumbing and air-conditioned equipment and other service facilities shall be designed and/or otherwise elevated or located at least one (1) foot above the base flood elevation so as to prevent water from entering or accumulating within the components during conditions of flooding. 17.60.260 UTILITIES. (a) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. (b) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters. (c) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (d) Water wells shall be located on high ground that is not in the floodway. 17.60.270 SUBDIVISION PROPOSALS. (a) All subdivision proposals shall be consistent with the need to minimize flood damage. (b) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (c) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. (d) Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least fifty lots or five acres, whichever is less. 17.60.280 REVIEW OF BUILDING PERMITS. Where elevation data is not available either through the Flood Insurance Study or from another authoritative source (§BMC 17.60.140(2b)) applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding etc., where available. Base flood elevation data and reference marks are generally provided throughout Bremerton and are indicated on Bremerton's flood insurance map. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates. 17.60.290 FLOOD HAZARD PROTECTION - SPECIFIC STANDARDS. In all areas of special flood hazards where base flood elevation data has been provided as set forth in BMC 17.60.070, the provisions set out in BMC 17.60.300 through BMC 17.60.320 are required. 11 Chapter 17.60 BMC Floodplain Management 17.60.300 RESIDENTIAL CONSTRUCTION. (a) New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to one (1) foot or more above base flood elevation. (b) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: (1) A minimum of two (2) openings have a total net area of not less than one (1) square inch of every square foot of enclosed area subject to flooding shall be provided. (2) The bottom of all openings shall be no higher than one (1) foot above grade. (3) Openings may be equipped with screens, louvers, or other coverings or devices; provided, that they permit the automatic entry and exit of floodwaters. 17.60.310 NONRESIDENTIAL CONSTRUCTION. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to one (1) foot or more above the level of the base flood elevation, or, together with attendant utility and sanitary facilities, shall: (a) Be floodproofedflood proofed so that below one (1) foot or more above the base flood level the structure is watertight with walls substantially impermeable to the passage of water; (b) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and (c) Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this section based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in BMC 17.60.140(3c)(B2). (d) Nonresidential structures that are elevated, not floodproofedflood proofed, must meet the same standards for space below the lowest floor as described in BMC 17.60.300(b). (e) Applicants floodproofingflood proofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one (1) foot below the floodproofedflood proofed level (e.g., a building constructed to the base flood level will be rated as one (1) foot below that level). 17.60.315 CRITICAL FACILITY. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the Special Flood Hazard Area (SFHA) 100-year floodplain. Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet above BFE or to the height of the 500-year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Flood proofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into 12 Chapter 17.60 BMC Floodplain Management the floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible. 17.60.320 MANUFACTURED/MOBILE HOMES. All manufactured/mobile homes in the floodplain to be placed or substantially improved on sites shall be elevated on a permanent foundation such that the lowest floor of the manufactured/mobile home is elevated one (1) foot or more above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. 17.60.325 RECREATIONAL VEHICLES. Recreational vehicles placed on sites in the floodplain are required to either: (1a) Be on the site for fewer than one hundred eighty (180) consecutive days; or (2b) Be fully licensed and ready for highway use, on wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or (3c) Meet the requirements for manufactured/mobile homes as found in BMC 17.60.320. 17.60.330 FLOODWAYS. Located within areas of special flood hazard established in BMC 17.60.070 are portions of Gorst and Parish Creeks which are designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential projectiles, and erosion potential, the following provisions apply: (1a) Prohibit encroachments, including fill, new construction, substantial improvements and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge; (2b) If Subsection (1a) is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of BMC 17.60.230 through BMC 17.60.320; (3c) Prohibit the placement of any mobile homes; (4d) Construction or reconstruction of residential structures is prohibited within designated floodways, except for (i) repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and (ii) repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either, (A) before the repair or reconstruction (B) if the structure restored before the damage occurred. Work done on structures to comply with existing health, sanitary, or safety codes or to structures identified as historic places shall not be included in the 50fifty percent (50%) determination. 17.60.340 ZONES WITH BASE FLOOD ELEVATIONS BUT NO FLOODWAYS In areas with base flood elevations (but a regulatory floodway has not been designated), no new construction, substantial improvements, or other development (including fill) shall be 13 Chapter 17.60 BMC Floodplain Management permitted within Zones A1-30 and AE on the community’s FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. 17.60.350 COASTAL HIGH HAZARD AREAS Located within areas of special flood hazard established in BMC 17.60.070 are Coastal High Hazard Areas, designated as Zones V1-30, VE and/or V. These areas have special flood hazards associated with high velocity waters from surges and, therefore, in addition to meeting all provisions in this ordinance, the following provision shall also apply: (a) All new construction and substantial improvements in Zones V1-30 and VE (V if base flood elevation data is available) on the community’s FIRM shall be elevated on pilings and columns so that: (1) The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated one foot or more above the base flood level; and (2) The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Wind and water loading values shall each have a one percent chance of being equaled or exceeded in any given year (100-year mean recurrence interval). A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of BMC 17.60.350 (a)(1) and (2). (b) Obtain the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures in Zones V1-30, VE, and V on the community’s FIRM and whether or not such structures contain a basement. The (Local Administrator) shall maintain a record of all such information. (c) All new construction within Zones V1-30, VE, and V on the community’s FIRM shall be located landward of the reach of mean high tide. (d) Provide that all new construction and substantial improvements within Zones V1- 30, VE, and V on the community’s FIRM have the space below the lowest floor either free of obstruction or constructed with non-supporting breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purposes of this section, a breakaway wall shall have a design safe loading resistance of not less than ten (10) and no more than twenty (20) pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of twenty (20) pounds per square foot (either by design or when so required by local or State codes) may be permitted only if a registered professional engineer or architect certifies that the design proposed meets the following conditions: (1) Breakaway wall collapse shall result from water load less than that which would occur during the base flood; and (2) The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of 14 Chapter 17.60 BMC Floodplain Management wind and water loads acting simultaneously on all building components (structural and non- structural). Maximum wind and water loading values to be used in this determination shall each have a one percent chance of being equaled or exceeded in any given year (100-year mean recurrence interval). If breakaway walls are utilized, such enclosed space shall be useable solely for parking of vehicles, building access, or storage. Such space shall not be used for human habitation. (e) Prohibit the use of fill for structural support of buildings within Zones V1-30, VE, and V on the community’s FIRM. (f) Prohibit man-made alteration of sand dunes within Zones V1-30, VE, and V on the community’s FIRM which would increase potential flood damage. (g) All manufactured homes to be placed or substantially improved within Zones V1- 30, V, and VE on the community’s FIRM on sites: (1) Outside of a manufactured home park or subdivision, (2) In a new manufactured home park or subdivision, (3) In an expansion to an existing manufactured home park or subdivision, or (4) In an existing manufactured home park or subdivision on which a manufactured home has incurred “substantial damage” as the result of a flood Shall meet the standards of BMC 17.60.350(a) through (f) and manufactured homes placed or substantially improved on other sites in an existing manufactured home park or subdivision within Zones V1-30, V and VE on the FIRM shall meet the requirements of BMC 17.60.320, (h) Recreational vehicles placed on sites within Zones V1-30, V and VE on the community’s FIRM either: (1) Be on the site for fewer than 180 consecutive days; or (2) Be fully licensed and ready for highway use, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions; or (3) Meet the requirements of BMC 17.60.120 (development permit required) and BMC 17.60.350(a) through (f). SECTION 2. 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. 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___________ day of ____________________, 2013 _________________________________ GREG WHEELER, Council President 15 Chapter 17.60 BMC Floodplain Management Approved this ________ day of ________________________, 2013 _________________________________ PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the________ day of ______________________, 2013 EFFECTIVE the_________day of ______________________, 2013 ORDINANCE NO. ____________ R:\Legal\Legal\Ordinances\Public Works & Utilities\Floodplain Management (2013) Chapter 17.60 - final.docx AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. _______ amending the Bremerton Municipal Code relating to the Office of Human Resources Study Session Date: November 13, 2013 COUNCIL MEETING Date: November 20, 2013 Department: Mayor & City Attorney’s Office Presenter: Mayor Lent & Roger Lubovich Phone: 473-2345 SUMMARY: The proposed ordinance amends the Bremerton Municipal Code to remove Human Resources as a division of the Department of Financial Services, establish Human Resources as the Office of Human Resources in a new chapter of the code, and assign the Office of Human Resources to report to the City Attorney. The purpose of this change is for better coordination of services between the City Attorney’s office and Human Resources. This code amendment does not change the organization or structure of the Office of Human Resources. ATTACHMENTS: Proposed Ordinance No. ________ FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☐ No Discussion ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Ordinance No. ______ amending the Bremerton Municipal Code relating to the Office of Human Resources. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 1 Office of Human Resources ORDINANCE NO. ________ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapters 2.06 and 2.09 and creating Chapter 2.11 of the Bremerton Municipal Code to remove Human Resources as a division of the Department of Financial Services, establish Human Resources as the Office of Human Resources, to assign the Office of Human Resources to report to the City Attorney, and make other related changes. WHEREAS, Human Resources is currently a division of the Department of Financial Services; and WHEREAS, the City Council desires to remove Human Resources as a division of the Department of Financial Services and establish Human Resources as the Office of Human Resources in a new chapter of the Bremerton Municipal Code; and WHEREAS, the City Council also desires to assign the Office of Human Resources to report to the City Attorney and make other related changes to the City code; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.06 of the Bremerton Municipal Code entitled "Office of the City Attorney" is hereby amended to read as follows: Chapter 2.06 OFFICE OF CITY ATTORNEY 2.06.010 DEPARTMENT CREATED. There is hereby created the Office of the City Attorney which shall serve as the Legal Department for the City pursuant to the laws of the State of Washington and the Charter of the City of Bremerton for the purpose of representing the City in all legal matters involving the City. The office shall be managed by the City Attorney who shall serve as its director, and who shall be responsible for hiring and supervising employees of the office. The City Attorney shall oversee and manage the civil and prosecution divisions of the office. and . The City Attorney shall also oversee and manage the Office of Risk Management established pursuant to Chapter 2.92 BMC and the Office of Human Resources established pursuant to Chapter 2.11 BMC. 2.06.020 APPOINTMENT. The City Attorney shall be appointed by the Mayor subject to confirmation by the City Council. The resignation of the City Attorney shall be effective upon the acceptance of resignation by the Mayor. 2 Office of Human Resources 2.06.030 DUTIES. To accomplish the directives of the City Charter and requirements of state law, the functions of the Office of the City Attorney shall include, but not be limited to: (a) Advise the Mayor, boards, commissions, department heads, Council and its committees, and other City officials and officers, including the rendering of formal legal opinions when so requested or when it appears to the attorney advisable to do so. (b) Attend all regular and special meetings of the Council, unless excused by the President of the Council. (c) Prepare, draft, approve as to form, or supervise the preparation of ordinances, resolutions, leases, deeds, contracts and/or agreements, and such other and similar instruments as may be required by the business of the City. (d) Represent the City in criminal prosecutions in Municipal Court and appellate courts. (e) Represent the City in all litigation and administrative proceedings in which the City is involved either as a plaintiff or defendant, or recommend the appointment of special counsel therein. (f) Attend meetings of the Civil Service Commission, pension boards, and other commissions, boards, or committees required by law, or as directed by the Council, or requested by the chair of such board or commission. (g) Facilitate bond issues; provided, this shall not mean the rendering of an opinion on the validity of the bonds in any case where special bond counsel has been retained by the City or by any prospective bond buyer. (h) On request of the Mayor or Council participate in intergovernmental relations affecting the City. (i) Keep litigation files and records, and copies of all other official written communications, and deliver same to successors of the Office of the City Attorney. (j) Direct or participate in proceedings for the vacation of streets, condemnation of land, land acquisition, sale of surplus properties, and related legal transactions. (k) Prepare and administer the budget for the Office of the City Attorney. (l) Serve as advisor and/or participant in labor negotiations and approve labor contracts as to form. (m) Coordinate and assist in obtaining information and legal opinion from Municipal Research as requested by the Mayor, Council President, or Chair of the Audit Committee. (n) Prepare and/or approve ballot measures and levies. (o) Interpret substance, form, and applicability of the City Charter and ensure consistency of all ordinances, resolutions, and administrative rules therewith. (p) Manage the Office of Risk Management. (q) Manage the Office of Human Resources. 2.06.040 OUTSIDE EMPLOYMENT. The City Attorney and Assistant City Attorneys shall not engage in any legal practice outside the Office of the City Attorney that would interfere or conflict with the duties of this office. 3 Office of Human Resources SECTION 2. Chapter 2.09 of the Bremerton Municipal Code entitled "Department of Financial Services" is hereby amended to read as follows: Chapter 2.09 DEPARTMENT OF FINANCIAL SERVICES 2.09.010 DEPARTMENT CREATED. There is hereby created the Department of Financial Services. (a) Divisions. The Department of Financial Services shall consist of the following divisions, as well as any other divisions established by the City Council: (1) Finance; (2) Office of the City Clerk; (3) Human Resources; (43) Information Technology; and (54) Bremerton Kitsap Access Television (BKAT). (b) Duties. The Director of Financial Services shall be in charge of the Department of Financial Services and all divisions established thereunder. The duties enumerated in each division as set forth in this chapter may be reassigned within the Department of Financial Services at the discretion of the Director of Financial Services for the purpose of achieving work efficiencies. The Director of Financial Services is also responsible for the management of the Conference Center operating fund. 2.09.020 DIRECTOR OF FINANCIAL SERVICES AND DIVISION MANAGERS – POSITIONS CREATED AND APPOINTMENT. (a) Department Director – Appointment. There is hereby created the position of Director of Financial Services who shall be in charge of the Department of Financial Services and all divisions established thereunder. The Director of Financial Services shall have complete charge of all of the work of the Department and shall be responsible for hiring and supervising employees of the Department. The Director of Financial Services shall be appointed by the Mayor, subject to confirmation by the City Council, on the basis of professional experience, education and demonstrated knowledge of accepted practices relating to the duties of the Department. All appointees to the position of Director of Financial Services are terminable at will by the Mayor as set forth in Chapter 2.05 BMC. (b) Division Managers – Appointment. There are hereby created the positions of Finance OfficerAssistant Director of Financial Services, Human Resources Manager, City Clerk, Information Technology Manager, and Public Access Manager as managers for their respective divisions. The managers (hereinafter "managers" or "division managers") shall manage the operations of their respective divisions and shall report directly to the Director of Financial Services. The division managers shall be appointed by and shall serve at the pleasure of the Director of Financial Services, subject to the approval of the Mayor, on the basis of professional experience, education and demonstrated knowledge of accepted practices relating to the duties of the division. All appointees to the division manager positions shall serve as "at-will" employees subject to termination by the Director of Financial Services without cause at any time with no notice or hearing unless otherwise provided pursuant to an applicable rule or regulation, the City Charter, ordinance, or terms and conditions as approved by the City Council. 4 Office of Human Resources 2.09.030 FINANCE DIVISION CREATED – DUTIES. There is hereby created the Finance Division for the purpose of performing all finance and accounting functions of the City of Bremerton. The division shall be managed by the Finance OfficerAssistant Director of Financial Services who shall serve as the City Treasurer. It shall be the duty of the Finance OfficerAssistant Director of Financial Services to: (a) Be responsible for assisting in the management of the City's investment and debt portfolios. (b) Assist City administration in budget preparation and monitoring. (c) Maintain the accounting system in accordance with generally accepted accounting principles (GAAP). (d) Maintain the payroll system. (e) Exercise control of accounts payable and purchasing. (f) Maintain an inventory of capital assets. (g) Collect and account for all City funds. The Finance OfficerAssistant Director of Financial Services shall perform such other duties as the Mayor and Director of Financial Services may direct or as may be required by law. 2.09.040 OFFICE OF THE CITY CLERK CREATED – DUTIES. There is hereby created the Office of the City Clerk for the purpose of performing all records management functions of the City. The division shall be managed by the City Clerk. It shall be the duty of the City Clerk to act as the official records keeper of the City and in such capacity shall perform those duties as required by the laws of the state, City Charter or City Code. The City Clerk shall perform such other duties as the Mayor or the Director of Financial Services may direct or as may be required by law. The City Clerk is authorized to appoint one or more Deputy City Clerks as needed to fulfill the duties of the City Clerk during his or her absence. 2.09.050 OFFICE OF HUMAN RESOURCES CREATED – DUTIES. There is hereby created the Office of Human Resources. The division shall be managed by the Human Resources Manager. It shall be the duty of the Human Resources Manager to: (a) Assist City departments with recruitment, testing and hiring as applicable. (b) Advise City departments on professional personnel management practices including performance evaluations and employee relations. (c) Support City Labor Negotiator and negotiations advisory team. (d) Conduct employee training and counseling. (e) Administer employee benefit programs. (f) Maintain personnel records. (g) Perform salary surveys. (h) Serve as liaison between the administration and Civil Service Commission. (i) Coordinate temporary placements in support of the City Workers Compensation Program. The Human Resources Manager shall perform such other duties as the Mayor or the Director of Financial Services may direct or as may be required by law. 5 Office of Human Resources 2.09.060050 INFORMATION TECHNOLOGY DIVISION CREATED – DUTIES. There is hereby created the Information Technology Division for the purpose of performing all information technology operations of the City. The division shall be managed by the Information Technology Manager. It shall be the duty of the Information Technology Manager to: (a) Direct the activities of the Information Technology Division with the responsibility to provide technological leadership in systems planning, implementation and support programs. (b) Direct the development and maintenance of long-range information processing plans and budgets. (c) Act as a contact person with user departments responding to and analyzing their inquiries. The Information Technology Manager shall perform such other duties as the Mayor or the Director of Financial Services may direct or as may be required by law. 2.09.070060 BREMERTON KITSAP ACCESS TELEVISION (BKAT) DIVISION CREATED – DUTIES. There is hereby created the Bremerton Kitsap Access Television (BKAT) Division for the purpose of performing all public access television functions of the City. The division shall be managed by the Public Access Manager. It shall be the duty of the Public Access Manager to manage the production, programming and operation of the local access television station. The Public Access Manager shall perform such other duties as the Mayor or the Director of Financial Services may direct or as may be required by law. SECTION 3. A new chapter, Chapter 2.11, entitled "Office of Human Resources" is hereby added to the Bremerton Municipal Code to read as follows: Chapter 2.11 OFFICE OF HUMAN RESOURCES 2.11.010 OFFICE CREATED. There is created the Office of Human Resources. The Office of Human Resources shall be administered by the Human Resources Manager, subject to the direction and supervision of the City Attorney. 2.11.020 POSITION. The Office of Human Resources shall be administered by the Human Resources Manager, or other assigns, subject to the direction and supervision of the City Attorney, or designee. The Human Resources Manager shall report directly to the City Attorney, or designee. The duties of the Human Resources Manager may be assigned to one or more employees in the City Attorney’s Office who shall hereinafter be referred to in this chapter as "Human Resources Manager." 2.11.0230 DUTIES. It shall be the duty of the Human Resources Manager to: 6 Office of Human Resources (a) Assist City departments with recruitment, testing and hiring as applicable. (b) Advise City departments on professional personnel management practices including performance evaluations and employee relations. (c) Support City Labor Negotiator and negotiations advisory team. (d) Conduct employee training and counseling. (e) Administer employee benefit programs. (f) Maintain personnel records. (g) Perform salary surveys. (h) Serve as liaison between the administration and Civil Service Commission. (i) Coordinate temporary placements in support of the City Workers Compensation Program. The Human Resources Manager shall perform such other duties as the City Attorney may direct or as may be required by law. SECTION 4. 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. SECTION 5. 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___________ day of ____________________, 2013 _________________________________ GREG WHEELER, Council President Approved this ________ day of ________________________, 2013 _________________________________ PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the________ day of ______________________, 2013 EFFECTIVE the_________day of ______________________, 2013 ORDINANCE NO. ____________ R:\Legal\Legal\Ordinances\legal\Office of Human Resources.docx AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Public Hearing on Ordinance No. ______ amending Title 18 of the BMC adopting the 2012 changes to the International Fire Code Study Session Date: November 13, 2013 COUNCIL MEETING Date: November 20, 2013 Department: Fire Presenter: Captain Mike Six Phone: 360-473-5386 SUMMARY: The proposed Ordinance amends the Bremerton Municipal Code to reflect the updates provided for in the 2012 International Fire Code, and makes other housekeeping amendments to reference the International Fire Code. ATTACHMENTS: Proposed Ordinance No.______ FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☐ No Presentation ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☒ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. amending Title 18 of the Bremerton Municipal Code adopting the 2012 changes to the International Fire Code. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/25/13 1 2012 International Fire Code Adoption ORDINANCE NO. ________ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 18.02 of the Bremerton Municipal Code entitled "City Fire Code" to adopt the 2012 edition of the International Fire Code, as amended by the Washington State Building Code Council in Chapter 51-54 of the Washington Administrative Code (“WAC”) and to incorporate additional amendments. WHEREAS, the City adopted the state International Fire Code as Chapter 18.02 of the Bremerton Municipal Code; and WHEREAS, the International Fire Code has been updated with the publication of the 2012 International Fire Code; and WHEREAS, Chapter 18.02 of the Bremerton Municipal Code needs to be amended to reflect the changes to the 2012 edition of the International Fire Code as well as to incorporate additional amendments; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 18.02 of the Bremerton Municipal Code entitled "City Fire Code" is hereby amended to read as follows: Chapter 18.02 CITY FIRE CODE 18.02.010 PURPOSE. The purpose of the City Fire Code is to prescribe regulations consistent with nationally recognized good practice for safeguarding to a reasonable degree of protection the life and property of our citizens from the hazards of fire and explosion arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the use or occupancy of buildings or premises. It is understood the fire code and its referenced documents are to provide a framework for the fire and life safety requirements to protect the citizens and emergency responders from the predictable situations the codes regulate. Therefore under no circumstance shall any space, occupancy or other location be allowed to be occupied or otherwise utilized, whether temporarily or permanently, without the Fire Code Official’s written authorization. 18.02.020 FIRE CODE - ADOPTED. In accordance with Chapter 19.27 RCW, the International Fire Code, 2009 2012Edition, published by the International Code Council, Inc., together with any additions, deletions, and exceptions currently enacted or as may be amended from time to time by the State of 2 2012 International Fire Code Adoption Washington through its Building Code Council pursuant to Chapter 51-54 of the Washington Administrative Code ("WAC"), and International Fire Code, 2009 2012 Edition, Appendices B, C, D, H, and Iand J, and as further amended in this chapter, is hereby adopted and incorporated by this reference. One (1) copy of the International Fire Code is on file with the City’s Fire Code Official. 18.02.030 CODE CONFLICTS. To the extent allowed by RCW 19.27.040, if a conflict exists between the provisions of the International Fire Code adopted and amended by the Washington State Building Code Council and the provisions of this chapter, the Bremerton Municipal Code provisions shall govern. 18.02.040 AMENDMENTS TO THE IFC - ADMINISTRATION. (a) General Authority and Responsibilities - Retained Authority. Section 104 of the International Fire Code, entitled "General Authority and Responsibilities," is amended by adding the following new Subsection 104.1.1: Sec. 104.1.1 Retained authority - Additional conditions. The fire code officialFire Code Official retains the authority to impose additional conditions where the official determines it necessary to mitigate identified fire protection impacts. These conditions may include, by way of example and without limitation, increased setbacks, use of fire retardant materials, installation of standpipes, smoke and heat vents, draft curtains, smoke control, fire sprinkler and fire alarm systems, including temporary provisions and without limitation such as fire watch, fire department standby, blocking of roads and additional fire safety inspections. (b) General Authority and Responsibilities - Lot Lines and Setback Lines. Section 104 of the International Fire Code, entitled "General Authority and Responsibilities," is amended by adding the following new Subsection 104.12: Sec. 104.12 Lot lines and setback lines. Notwithstanding the authority of the fire code officialFire Code Official to administer and enforce the fire code, the fire code officialFire Code Official shall have no duty to verify or establish lot lines or setback lines. No such duty is created by this code and none shall be implied. (c) Permits - Fees. Section 105 of the International Fire Code, entitled "Permits," is amended by adding the following new Subsection 105.1.4: Sec. 105.1.4 Fees. The fire code officialFire Code Official shall prepare a resolution establishing a schedule of fees, if any, for council consideration, which fees shall include the cost involved in the processing, issuance, and renewal of permits and certificates. Any fee schedule adopted by resolution shall govern the fee amount to be assessed for any permit or certificate and the fire code officialFire Code Official shall collect those 3 2012 International Fire Code Adoption fees as a condition to issuance or renewal of any permit or certificate. Failure to pay for either an original permit or the required renewal within 30 days of the date notice is given, shall result in the City’s termination of the permit or certificate application. (d) Permits - Term. Section 105 of the International Fire Code, entitled "Permits," is amended by adding the following new Subsections, 105.1.4 and 105.3.6.1: Sec. 105.1.4 Term. Permits and certificates issued in accordance with this code shall be valid for a 12 month period and are renewable at the end of that 12 month term. Sec. 105.3.6.1 Unsafe Situations: Actions taken outside of the guidelines contained within any permit required by section 105 of the IFC shall be deemed unsafe and shall entitle the fire code officialFire Code Official to immediately have all utilities including but not limited to: electricity, water, sewer and gas shut off or otherwise disconnected from the site. Utilities shall not be restored without the conditions of all required permit(s) resolved. (e) Board of Appeals. Section 108 of the International Fire Code, entitled "Board of appeals," is amended by substituting Section 108 with the following: Sec. 108 Board of appeals. The City of Bremerton hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the fire code officialFire Code Official relative to the suitability of alternate materials, designs, and methods of construction and appeals of the reasonable application of the Fire Code and interpretation of the building and fire codes. Appeals shall be made as set forth in section 18.02.190200 of the Bremerton Municipal Code. (f) Violation Penalties. Section 109 of the International Fire Code, entitled "Violations," is amended by substituting Subsection 109.3 with the following: Sec. 109.3 Violation penalties. Any person, company or corporation who violates any provision of this code or fails to comply with any of its requirements or who erects, constructs, alters, or repairs a building or structure or building system in violation or inconsistent with of (a) the approved construction documents, (b) a directive of the fire code officialFire Code Official, or (c) a permit or certificate issued under the provisions of this code, or operates without such permit, shall be subject to penalties as set forth in section 18.02.180 190 of the Bremerton Municipal Code or as otherwise provided by law. 4 2012 International Fire Code Adoption (g) General Definitions. Section 202 of the International Fire Code is amended to add the following general definitions: APWA is the American Public Works Association. AWWA is the American Water Works Association. FIRE CODE OFFICIAL. Fire Code Official shall mean the City of Bremerton Fire Marshal or other City official designated by the City of Bremerton Fire Chief who shall be the formal administrator of the City Fire Code. The Fire Code Official is authorized to enforce the provisions of the fire code and its adopted reference documents to the fullest extent of the law. FIRE FLOW. A measure of the sustained flow of available water for firefighting at a specific building or within a specific area at 20 pounds- per-square-inch residual pressure. FIRE WALL. An approved wall of not less than 4 hour fire-resistive construction with no openings, which extends vertically from the foundation to terminate in a parapet not less than 30 inches above the roof, and which extends horizontally to the furthest projection of any portion of the building or to a point 30 inches beyond the intersecting exterior wall, whichever is furthest. As an alternative to the horizontal requirements, such fire wall may be extended a minimum of 30 inches along both sides of the intersecting exterior wall, provided there are no projections beyond the intersecting exterior wall. LIFE SAFETY RESCUE ACCESS. Unobstructed access to all floor levels and each roof level of a building on not less than 20 percent of the building perimeter by utilizing a 35 foot ladder. An alternate method would be at least 1 stairway enclosure with exit doorways from each floor level and with a door opening onto each roof level which conforms to the requirements of the International Building Code. OCCUPANCY CLASSIFICATION RESIDENTIAL GROUP R.: R-2 shall also include Townhomes/Rowhouses. PRIVATE HYDRANT is a fire hydrant situated and maintained to provide water for firefighting purposes with restrictions as to use. PUBLIC HYDRANT is a fire hydrant situated and maintained to provide water for firefighting purposes without restrictions as to use for that purpose and is accessible for immediate use at all times. 5 2012 International Fire Code Adoption REMODEL is the building or buildings in question will have more than 50% of the gross square footage of fire area structurally remodeled, improved and/or otherwise reconditioned or, two or more major building systems improved or otherwise reconditioned within any 60 month time period. Major building systems include but are not limited to: Water, Sewer, Storm, or other plumbing, Electrical, HVAC, Foundation, Structural members. Exceptions. Maintenance, energy conservation and cosmetic improvements which do not require a permit of any kind are not considered structural remodels. 18.02.050 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 311, VACANT PREMISES. The following local amendments to Section 311 of the International Fire Code, entitled "Fire Protection," are adopted and incorporated into the International Fire Code: (a) Vacant Premises - Fire Protection Systems. Section 311 of the International Fire Code, entitled "Vacant Premises," is amended by substituting Subsection 311.2.2 with the following: Sec. 311.2.2 Fire protection. Fire alarm, sprinkler, and standpipe systems shall be maintained in an operable condition at all times. Exception: If, in the opinion of the fire code officialFire Code Official, the premises (a) has been cleared of all combustible materials and debris, (b) is of the type of construction with sufficient fire separation distance so as to not create a fire hazard, (c) has been secured to prohibit entry by unauthorized persons, and (d) has buildings that will not be heated, potentially exposing fire protection systems to freezing temperatures, then the fire code officialFire Code Official may allow fire alarm and sprinkler systems to be placed out of service and may allow standpipes to be maintained as dry systems (without an automatic water supply). 18.02.055 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 4, EMERGENCY PREPAREDNESS. The following local amendments to Chapter 4 of the International Fire Code, entitled "Emergency Planning and Preparedness," are hereby adopted: Sec. 401.9 Hardwired Telephones. All occupancies with hardwired telephones, new and existing, when 911 is dialed shall correctly report the address of the actual location dialed from. 18.02.060 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 5, FIRE SERVICE FEATURES. The following local amendments to Chapter 5 of the International Fire Code, entitled "Fire Service Features," are adopted and incorporated into the International Fire Code: (a) Fire Service Features - Fire Apparatus Access Roads. Section 503 of the International Fire Code, entitled "Fire Apparatus Access Roads," is hereby adopted. 6 2012 International Fire Code Adoption (b) Fire Apparatus Access Roads - Dimensions. Section 503 of the International Fire Code, entitled "Fire Apparatus Access Roads," is amended by substituting Subsection 503.2.1 with the following: Sec. 503.2.1 Dimensions. Unless otherwise approved by the Fire Code Official, The the following minimum dimensions shall apply for fire apparatus access roads: 1. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), except for approved security gates in accordance with section 503.6 and Appendix D 103.5, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). 2. In the immediate vicinity of any building or portion thereof in excess of 28 feet in height, the fire apparatus access road shall have an unobstructed width of not less than 26 feet (7924 mm) and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). 3. At least one of the required fire apparatus access roads shall be located a minimum of 15 feet and a maximum of 25 feet from each building on the premises and shall be positioned parallel to one entire side of each building. The measurement for this requirement shall be taken from the exterior wall of the building to the nearest edge of the fire apparatus access road. (c) Fire Apparatus Access Roads - Bridges and Elevated Surfaces. Section 503 of the International Fire Code, entitled "Fire Apparatus Access Roads," is amended by substituting Subsection 503.2.6 with the following: Sec. 503.2.6 Bridges and elevated surfaces. Where a bridge or an elevated surface is part of a fire apparatus access road or likely to be used during emergency operations, including EMS, the bridge or elevated surface shall be constructed and maintained in accordance with specifications established by the fire code officialFire Code Official and the City’s public works director, or their designees; at a minimum, however, the bridge or elevated surface shall be constructed and maintained in accordance with AASHTO Standard Specifications for Highway Bridges. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of a 35 or more ton fire apparatus, the total imposed load to be determined by the fire code officialFire Code Official. Vehicle load limits shall be posted at both entrances to bridges when required by the fire code officialFire Code Official. Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces which are not designed for that use, approved barriers 7 2012 International Fire Code Adoption or approved signs, or both, shall be installed and maintained, if required by the fire code officialFire Code Official. (d) Fire Apparatus Access Roads - Marking. Section 503 of the International Fire Code, entitled "Fire Apparatus Access Roads," is amended by substituting Subsection 503.3 with the following: Sec. 503.3 Marking. Fire apparatus access roads shall be marked whenever necessary to maintain the unobstructed minimum required width of roadways, as determined by the Fire Code Official. Subject to the fire code officialFire Code Official’s prior written approval, marked fire apparatus access roads, or "fire lanes" as defined in section 502.1 of the code, may be established or relocated at the time of plan review, pre- construction site inspection, and/or post construction site inspection as well as any time during the life of the occupancy. Only those fire apparatus access roads established by the fire code officialFire Code Official can utilize red marking paint and the term "fire lane." Once a fire lane is established it shall be maintained in a clean and legible condition at all times or repair/replaced to maintain visibility. Fire lanes shall be marked as directed by the fire code officialFire Code Official with one or more of the following types of marking: 503.3.1 Type 1. The following shall apply to Type 1 marking: 1. Curbs shall be identified by red traffic paint with a 6 inch wide stripe on the top and front, extending the length of the designated fire lane. 2. Rolled curbs shall be identified by red traffic paint with a 6 inch wide stripe on the curb, extending the length of the designated fire lane. 3. Lanes without curbs shall be identified by red traffic paint with a 6 inch wide stripe on the pavement, extending the length of the designated fire lane. 4. The words "NO PARKING - FIRE LANE" shall be in 3 inch stroke white letters 18 inches in height, and placed 8 inches measured perpendicular from the red paint stripe on the pavement. In most cases, both sides of the access road shall be marked. Where long drives are to be marked, the repetitions shall alternate sides of the drive. 503.3.2 Type 2. The following shall apply to Type 2 marking: 1. In addition to the requirements for Type 1 marking, Type 2 marking shall also include the addition of metal signs stating "NO PARKING - FIRE LANE" to be installed at intervals or locations designated by the fire code officialFire Code Official. The signs shall be 8 2012 International Fire Code Adoption approximately 12 inches in width and 18 inches in height and have red letters on a white background. Metal signs shall be installed on either 2 inch metal pipes, for private property, or treated 4 inch by 4 inch wood posts, for public property, and shall be located so that the bottom of the sign is a minimum of 7 feet above the curb. Where fire lanes are adjacent to buildings or structures and when approved or directed by the fire code officialFire Code Official, the signs may be placed on the face of the building or structure. 503.3.3 Type 3. The following shall apply to Type 3 marking: 1. Where directed by the fire code officialFire Code Official, specific areas shall be designated and those areas are to be marked with diagonal striping across the width of the fire lane. Diagonal marking shall be used in conjunction with painted curbs and/or edge striping and shall run at an angle of 30 to 60 degrees from one side to the other. These diagonal lines shall be in red traffic paint, parallel with each other, at least 6 inches in width, and 24 inches apart. Lettering shall occur as with Type 1 marking. 503.3.4 Street or Road Signs. Street or road signs shall be provided for all private and public roads. All private street and road signs shall be designed and installed to meet public road sign standards as set by the City of Bremerton Street Department; any expense shall be the responsibility of the property owner. New street and road signs shall be posted within 30 days after receiving approval from the City of Bremerton Engineering Department. 503.3.5 Alternate materials and methods. The fire code officialFire Code Official may modify, on a case-by-case basis, any of the marking provisions in this subsection 503.3 where practical difficulties exist. Modification requests shall be submitted in writing to the fire code officialFire Code Official setting forth a suggested alternative. (e) Fire Apparatus Access Roads. Section 503 of the International Fire Code, entitled "Fire Apparatus Access Roads," is amended by adding the following new Subsection 503.7: 503.7 Residential Driveway/Private Road Access and Sprinkler Requirements. In the event the number of R division 3 or U occupancies exceeds two, the maximum number allowed off a driveway/private road will be 9 if a residential fire sprinkler system is installed in each new structure.Occupancies constructed on private roads/driveways shall be equipped throughout with a fire sprinkler system. (f) Access to Building Openings and Roofs - Required Access. Section 504 of the International Fire Code, entitled "Access to Building Openings and Roofs," is amended by substituting Subsection 504.1 with the following: 9 2012 International Fire Code Adoption Sec. 504.1 Required access. The following points of access must be provided: 1. Exterior doors and openings required by this code or the International Building Code shall be maintained readily accessible for emergency access by the fire department. 2. Each tenant space provided with a secondary exit to the exterior or exit corridor shall be provided with tenant identification by business name and/or address. Letters and numbers shall be posted on the corridor/exterior side of the door, be plainly legible, and shall contrast with their background. 3. An approved access walkway shall be provided to connect fire apparatus access roads to exterior openings. 4. All rescue windows shall be accessible by a 35-foot ground extension ladder placed so that the inclination of the ladder does not exceed 70 degrees. An area of discharge, 36 inches in all directions around the base of the ladder, shall be provided. Ladders and associated areas of discharge shall be located within the property lines. 5. All occupancies shall be required to provide approved life safety rescue access, as defined in section 902 of this code202 of the International Building Code or the International Residential Code as applicable. 6. The provisions of this subsection shall apply if the building or buildings in question will have more than 50% of the gross square footage of the fire area structurally remodeled, improved or otherwise reconditioned and/or two or more major building systems improved or otherwise reconditioned within any 60 month time period. Major building systems include but are not limited to: water, sewer, storm, or other plumbing, electrical, HVAC, foundation, and structural members. Exceptions: 1. Group U occupancies. 2. Maintenance, energy conservation and cosmetic improvements which do not require a permit of any kind are not considered structural remodels. (g) Premises Identification. Section 505 of the International Fire Code, entitled "Premises Identification," is amended by adding the following new Subsection 505.1.1: 10 2012 International Fire Code Adoption 505.1.1 Address numbers for Commercial Buildings. Address numbers for commercial buildings shall be 12" and contrast with the background. Individual unit/suite or space numbers or letter shall be 6" in size and contrasting with the background and visible from the approach side or angle. Housing developments which contain 100 or more dwelling units which alley ways are or may be used for access to dwelling units shall have 4" minimum house numbers including street designation included. The street designation may be a smaller size, but no less than 2" in size. Example: (h) Fire Protection Water Supplies - Existing Non-conforming Hydrants. Section 507 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended to add a new Subsection 507.1.1 as follows: Sec. 507.1.1 Existing non-conforming hydrants. At such time as an existing hydrant, which does not conform to the requirements and standards of this section, is replaced, it shall be replaced with a hydrant that does conform to the standards and requirements of this section. (ih) Fire Protection Water Supplies - Where Required. Section 507 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by substituting Subsection 507.5.1 with the following: Sec. 507.5.1 Where required. All buildings or structures shall be located so that there is at least 1 hydrant within 150 feet, and no portion of the building or structure is more than 300 feet from a hydrant, as measured by an approved route. Exceptions: 1. For Group R-3 and Group U occupancies the distance required shall be 600 feet (183 m). 2. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with section 903.3.1.1 or, 903.3.1.2, or other approved fire protection system, the distance requirement shall be 600 feet (183 m). (i) Fire Protection Water Supplies - Existing Non-conforming Hydrants. Section 507 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended to add a new Subsection 507.5.7 as follows: 11 2012 International Fire Code Adoption Sec. 507.5.7 Existing non-conforming hydrants. At such time as an existing hydrant, which does not conform to the requirements and standards of this section, is replaced, it shall be replaced with a hydrant that does conform to the standards and requirements of this section. (j) Fire Protection Water Supplies - Installation Requirements. Section 507 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by substituting Subsection 507.5.7507.5.8 with the following: Sec. 507.5.78 Installation requirements. All fire hydrants shall be installed in accordance with the specifications established by the fire code officialFire Code Official and the Director of Public Works and Utilities, or his or her designee, or at a minimum, in accordance with the currently adopted NFPA, APWA, or AWWA standards. In addition, unless modified by written decision of the fire code officialFire Code Official, the following requirements shall apply to all building construction projects: 1. All fire hydrant piping, valves, and related appurtenances shall be approved by the City’s public works department. 2. The fire hydrant installation and its attendant water system connection shall conform to the City’s specifications and design and construction standards. 3. An auxiliary gate valve shall be installed at the main line tee to permit the repair and replacement of the hydrant without disruption of water service. 4. All hydrants shall be plumb, plus or minus 3 degrees, to be set to finished grade with the bottom flange 2 inches above the ground or curb grade and have no less than 36 inches in diameter of clear area around the hydrant for the clearance of hydrant wrenches on both outlets and the operating nut. 5. The largest port shall face the most likely direction of approach and location of the fire apparatus while pumping as determined by the fire code officialFire Code Official. Distance from the pumper port to the street curb shall be no further than 10 feet. 6. The lead from the service main to the hydrant shall be no less than 6 inches in diameter. Any hydrant leads over 50 feet in length from the water main to hydrant shall be no less than 8 inches in diameter. 12 2012 International Fire Code Adoption 7. All hydrants installed in single family residential areas shall be supplied by not less than 6 inch mains and shall be capable of delivering 1,000 gpm fire flow over and above average maximum demands at the farthest point of the installation except with fire code officialFire Code Official approval and the home is installed with a fire sprinkler system in accordance with this code. 8. All hydrants shall have at least 5 inch minimum valve openings, "O" ring stem seal, two 2-1/2 inch national standard thread hose ports, one 4-1/2 inch steamer port with national standard threads or otherwise determined by the fire code officialFire Code Official. In addition, all hydrants shall meet AWWA standards for public hydrants and be of a type approved for use in the City by the City’s public works department. In addition, all hydrants shall be equipped with a 5 inch Storz adapter on the steamer port and, when required by the fire code officialFire Code Official, locking Storz caps. 9. All pipe shall meet the City standards as determined by the public works department. Piping located entirely within private property and maintained by the property owner shall meet the requirements and be approved by the fire code officialFire Code Official. The fire code officialFire Code Official may approve any piping material that has been tested and approved by a nationally recognized testing laboratory. 10. The maximum distance between hydrants in single family use district zones shall be 600 feet. 11. The maximum distance between hydrants in commercial, industrial, and apartment (including duplex) use zones shall be 300 feet. 12. Lateral spacing of hydrants shall be predicated on hydrants being located at street intersections. 13. The appropriate water authority and the fire department shall be notified in writing of the anticipated date the hydrant installation and its attendant water connection system will be available for use. 14. All hydrants shall meet City of Bremerton Hydrant Identification standards as established by the fire code officialFire Code Official. (k) Fire Protection Water Supplies - Notification. Section 507 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by adding a new Subsection 507.6 as follows: Sec. 507.6 Notification. The owner of property on which private hydrants are located and the public agencies that own or control public hydrants 13 2012 International Fire Code Adoption must provide the fire code officialFire Code Official with the following written service notifications: Sec. 507.6.1 In-service notification. The fire code officialFire Code Official shall be notified when any newly installed hydrant or main is placed into service. Sec. 507.6.2 Out-of-service notification. Where any hydrant is out of service or has not yet been placed in service, the hydrant shall be identified as being out of service and shall be appropriately marked as out of service, by a method approved by the fire code officialFire Code Official. (l) Fire Protection Water Supplies - Dead-End Mains Prohibited. Section 507 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by adding a new Subsection 507.7 as follows: Sec. 507.7 Dead-end mains prohibited. When appropriate, all water mains in any project shall be looped. (m) Fire Protection Water Supplies - Building Permit Requirements. Section 507 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by adding a new Subsection 507.8 as follows: Sec. 507.8 Building permit requirements. No building permit shall be issued until all plans required by this section have been submitted and approved in accordance with the provisions of this section. No combustible construction beyond the foundation shall be allowedpermitted until all hydrants and mains required by this section are in place and approved. (n) Fire Department Access to Equipment - Identification. Section 509 of the International Fire Code, entitled "Fire Department Access to Equipment," is amended by substituting Subsection 509.1 with the following: Sec. 509.1 Identification. The following identification requirements shall apply to access to equipment. 1. Fire protection equipment and fire hydrants shall be clearly identified in an approved manner to prevent parking and/or other obstructions. 2. Entrances to rooms containing controls for air-conditioning systems, sprinkler risers and valves, or other fire detection, suppression, or control elements shall be identified for the use of the fire department. 14 2012 International Fire Code Adoption 3. Approved signs are required to identify fire protection equipment and equipment location. Signs shall be constructed of durable materials, permanently installed, and readily visible. 4. All fire department connections shall have a sign approved by the fire code officialFire Code Official. The sign shall specify the type of water-based fire protection system it serves and the building areas served. 5. All main control valves and sectional valves for water-based fire protection systems shall have a sign specifying what the valves control. 6. All sprinklers and standpipe risers shall have signs to indicate which type of water-based fire protection system is being used. 18.02.070 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 901, GENERAL. The following local amendments to Section 901 of the International Fire Code, entitled "General," are adopted and incorporated into the International Fire Code: (a) Fire Protection Systems - Scope. Section 901 of the International Fire Code, entitled "General," is amended by substituting Subsection 901.1 with the following: Sec. 901.1 Scope. The provisions of this chapter shall apply to all occupancies and buildings, shall specify where fire protection systems are required, and shall apply to the design, installation, inspection, operation, testing, and maintenance of all fire protection systems; however, nothing contained in this chapter shall diminish or reduce the requirements of any duly adopted building codes, including state and local amendments, or other City ordinances, resolutions, or regulations. In the event of any conflict in requirements among these codes, ordinances, resolutions, or regulations, the more stringent provision shall apply. (b) Fire Protection Systems - Alterations, Repairs, and Additions. Section 901 of the International Fire Code, entitled "General," is amended by adding a new Subsection 901.1.1901.4.2.1 as follows: Sec. 901.1.1 Alterations, repairs, and additions. The provisions of this subsection shall apply if, the building or buildings in question will have more than 50% of the gross square footage of fire area structurally remodeled, improved and/or otherwise reconditioned or, two or more major building systems improved or otherwise reconditioned within any 60 month time period. Major building systems include but are not limited to: Water, Sewer, Storm, or other plumbing, Electrical, HVAC, Foundation, and Structural members. Additions to an existing structure shall be considered new construction and subject to the provisions of this section. If additions to an existing structure cause a building to meet the 15 2012 International Fire Code Adoption area, number of floor levels, or units that would subject a new building to the requirements of this section, the entire building will then be required to comply with this section. Exceptions. Maintenance, energy conservation and cosmetic improvements which do not require a permit of any kind are not considered structural remodels. (c) Buildings Vacant for One (1) Year or More. Section 901 of the International Fire Code, entitled, "General," is amended by adding a new Subsection 901.1.2 as follows: Sec. 901.1.2 Buildings vacant for one year or more. Buildings, structures or significant portions thereof vacant for one year or more shall be brought up to current code regarding fire protection systems, prior to issuing occupancy. 901.4.2.1 Fire Alarm Systems no longer required by the Fire Code or any other applicable code or that were not installed as an alternative method to other code provisions may, after the written approval of the Fire Code Official, maybe discontinued and removed. The removal of the system shall be pursuant to the regulations of Washington State Department of Labor and Industries Electrical Division as applicable, but as a minimum shall require the removal of visible wiring, fire alarm panels and other related visible devices. The Fire Alarm System may be maintained as a local system rather than be removed. Fire alarm systems that remain in service, either monitored or local, shall be inspected, maintained and tested per the International Fire Code, NFPA 72 and this code. (d) Fire Protection Systems - Standards. Section 901 of the International Fire Code, entitled "General," is amended by substituting Subsection 901.6.1 and Table 901.6.1 with the following: Sec. 901.6.1 Standards. Fire protection systems shall be reviewed, installed, inspected, tested, and maintained in accordance with the National Fire Protection Association ("NFPA") standards listed in Table 901.6.1 below. Table 901.6.1 FIRE PROTECTION SYSTEM MAINTENANCE STANDARDS SYSTEM STANDARD Carbon dioxide fire- extinguishing systems NFPA 12 Clean agent fire- extinguishing systems NFPA 2001 16 2012 International Fire Code Adoption Dry chemical fire- extinguishing systems NFPA 17 Emergency power systems NFPA 110 & NFPA 111 Fire alarm systems NFPA 72 Fire doors NFPA 80 Foam fire-extinguishing systems NFPA 11 Halogenated fire- extinguishing systems NFPA 12A Smoke-control systems NFPA 92A Underground fire lines and hydrants NFPA 25 Water-based fire protection systems NFPA 25 Water-mist systems NFPA 750 Wet chemical fire- extinguishing systems NFPA 17A (e) (c) Fire Protection Systems - Records. Section 901 of the International Fire Code, entitled "General," is amended by substituting Subsection 901.6.2 with the following: Sec. 901.6.2 Records. Records of all system inspections, tests, and maintenance required by the referenced standards shall be maintained on the premises for a minimum of 3 years. A copy of each inspection, test, or maintenance record shall be forwarded to the fire code officialFire Code Official, by an approved electronic method of delivery, within 30 seven (7) calendar ten (10) business days of the date the inspection, test, or maintenance occurred. All fire protection systems taken off line or out of service, and subsequently returned to service shall be reported to the Fire Code Official’s office by an approved method of delivery. A copy of all system inspections shall be maintained in a three-ring binder or other folder type cover and located at the fire alarm main panel or other approved location. (f) Fire Protection Systems - Definitions. Section 902 of the International Fire Code, entitled "Definitions," is amended by adding the following definitions: FIRE AREA. The total area from all floors enclosed by the outermost exterior walls commonly understood to be the perimeter of the building. 17 2012 International Fire Code Adoption When a building or structure has an outdoor courtyard or garden, without an exit to a public way, this area shall be included in the fire area. FIRE FLOW. A measure of the sustained flow of available water for firefighting at a specific building or within a specific area at 20 pounds- per-square-inch residual pressure. FIRE WALL. An approved wall of not less than 4 hour fire-resistive construction with no openings, which extends vertically from the foundation to terminate in a parapet not less than 30 inches above the roof, and which extends horizontally to the furthest projection of any portion of the building or to a point 30 inches beyond the intersecting exterior wall, whichever is furthest. As an alternative to the horizontal requirements, such fire wall may be extended a minimum of 30 inches along both sides of the intersecting exterior wall, provided there are no projections beyond the intersecting exterior wall. LIFE SAFETY RESCUE ACCESS. Unobstructed access to all floor levels and each roof level of a building on not less than 20 percent of the building perimeter by utilizing a 35 foot ladder. An alternate method would be at least 1 stairway enclosure with exit doorways from each floor level and with a door opening onto each roof level which conforms to the requirements of the International Building Code. 18.02.080 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 903, AUTOMATIC SPRINKLER SYSTEMS. The following local amendments to Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," are adopted and incorporated into the International Fire Code: (a) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2 with the following: Sec. 903.2 Where required. Approved fire sprinkler systems shall be installed throughout buildings and structures as follows: 1. In all new buildings and structures without adequate fire flow as required by this code. Exception: Group U Occupancies and remodels and replacements to existing Group R-3 residential structures as defined in the International Residential Code regardless of the requirements of Chapter 5 of the International Fire Code. 2. All new or remodeled buildings and structures with a gross floor area of 10,000 or more square feet (929 m2), or where this code provides a 18 2012 International Fire Code Adoption more restrictive floor area requirement, and shall be provided in all locations or where described by the International Fire Codethis code. Exception: Spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution equipment, batteries, and standby engines, provided those spaces or areas are equipped throughout with an automatic fire alarm system and are separated from the remainder of the building by a wall with a fire-resistance rating of not less than 1 hour and a floor/ceiling assembly with a fire-resistance rating of not less than 2 hours. 3. Where this code requires the installation of an automatic sprinkler system to protect an occupancy within an otherwise non-sprinkled building, then automatic sprinkler protections will be required throughout the entire building unless otherwise authorized by the fire code officialFire Code Official. 4. Only 4 hour area separation walls without openings shall constitute separate buildings to allow for a fire sprinkler exemption. When this exemption is utilized, the separation wall must separate occupancy types by different ownership or tax parcels. (b) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.1 with the following: Sec. 903.2.1 Group A. An automatic sprinkler system shall be provided throughout buildings and portions thereof used as Group A occupancies as provided in this section. For Group A-1, A-2, A-3, and A-4 occupancies, the automatic sprinkler system shall be provided throughout the entire building. For Group A-5 occupancies, the automatic sprinkler system shall be provided in the spaces indicated in 903.2.1.5. (c) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.1.1 with the following: Sec. 903.2.1.1 Group A-1. An automatic sprinkler system shall be provided for Group A-1 occupancies where one of the following conditions exists: 1. The gross fire area of the building exceeds 10,000 square feet. 2. The fire area has an occupant load of 300 or more. 19 2012 International Fire Code Adoption 3. The fire area is located on a floor other than the level of exit discharge. 4. The fire area contains a multi-theater complex. 5. Dance halls where the total gross floor area exceeds 5,000 square feet (465 m2). (d) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.1.2 with the following: Sec. 903.2.1.2 Group A-2. An automatic sprinkler system shall be provided for Group A-2 occupancies where one of the following conditions exists: 1. The fire area of the building exceeds 5,000 square feet. 2. The fire area has an occupant load of 100 or more. 3. The fire area is located on a floor other than the level of exit discharge. (e) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.1.3 with the following: Sec. 903.2.1.3 Group A-3. An automatic sprinkler system shall be provided for Group A-3 occupancies where one of the following conditions exists: 1. The fire area of the building exceeds 10,000 square feet. 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than the level of exit discharge. Exception: Areas used exclusively as participant sports arena areas where the main floor area is located at the same level as the level of exit discharge of the main entrance and exit. (f) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.1.4 with the following: 20 2012 International Fire Code Adoption Sec. 903.2.1.4 Group A-4. An automatic sprinkler system shall be provided for Group A-4 occupancies where one of the following conditions exists: 1. The fire area of the building exceeds 10,000 square feet. 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than the level of exit discharge. Exception: Areas used exclusively as participant sports arena areas where the main floor area is located at the same level as the level of exit discharge of the main entrance and exit. (g) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.2, Group B ambulatory health care facilities, with the following: Sec 903.2.2 Group B ambulatory health care facilities. An automatic fire sprinkler system shall be installed throughout all buildings containing a Group B occupancy used for ambulatory health care facilities. (hg) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.3, Group E, with the following: Sec. 903.2.3 Group E. An automatic sprinkler system shall be provided for Group E occupancies as follows: 1. Throughout all buildings with a group E fire area. 2. Portable school classrooms, provided aggregate areas of clusters of portable school classrooms does not exceed 5,000 square feet (465 m2); and clusters of portable school classrooms shall be separated as required in Chapter 5 of the building code. The provisions of this subsection shall apply if the building or buildings in question will have more than 50% of the gross square footage of the fire area structurally remodeled, improved or otherwise reconditioned and/or two or more major building systems improved or otherwise reconditioned within any 60 month time period. Major building systems include but are not limited to: Water, Sewer, Storm, or other plumbing, Electrical, HVAC, Foundation, and Structural members. In the case of additions, only 4 hour area separation walls shall define separate buildings regarding sprinkler requirements. Exceptions: 21 2012 International Fire Code Adoption 1. Maintenance, energy conservation and cosmetic improvements not requiring a permit are not considered structural remodels. (ih) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.4, Group F-1, with the following: Sec. 903.2.4 Group F-1: An automatic sprinkler system shall be provided throughout all buildings containing a Group F occupancy where one of the following conditions exists: 1. Where the fire area of the building exceeds 10,000 square feet; or 2. Where a Group F-1 fire area is located more than three stories above grade. (ji) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.7 with the following: Sec. 903.2.7 Group M. An automatic sprinkler system shall be provided throughout all buildings containing a Group M occupancy where one of the following conditions exists: 1. Where the fire area of the building exceeds 10,000 square feet; or 2. Where a Group M fire area is located more than three stories above grade. (kj) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.8 with the followingamending Subsection 903.2.8 and by adding Subsections 903.2.8.3 and 903.2.8.4 as follows: Sec. 903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 9.03.3 shall be provided throughout all buildings with a Group R fire area as required by the International Building Code. Sec. 903.2.8.1 3 Existing Group R-1 and R-2 buildings shall install a full fire sprinkler system when any one of the following occurs: (1) A fire occurs which migrates from the unit of origin to involve a neighboring unit. (2) Two or more separate fires occur, which require a fire department response, in the same complex within a two year span. 22 2012 International Fire Code Adoption Sec. 903.2.8.2 4 Sprinkler heads in kitchens shall be installed (on the ceiling) with at least one sprinkler head no more than 4 feet out from the front of the stove top. Sec. 903.2.8.3 All normally habitable spaces shall be covered regardless of size. (lk) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.9 with the following: Sec. 903.2.9 Group S-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists: 1. Where the fire area of the building exceeds 10,000 square feet; or 2. Where a Group S-1 fire area is located more than three stories above grade. (m) Automatic Sprinkler Systems - Speculative Use Warehouses. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by adding the following new Subsection 903.2.9.3: Sec. 903.2.9.3. Speculative use warehouses. Where the occupant, tenant, or use of the building or storage commodity has not been determined or it is otherwise a speculative use warehouse or building, the automatic sprinkler system shall be designed and installed in accordance with the following: 1. The design area shall be not less than 5,600 square feet (520 m2). 2. The density shall be not less than that for class IV non- encapsulated commodities on wood pallets, with no solid, slatted, or wire mesh shelving, and with aisles that are 8 feet or more in width and up to 20 feet in height. 3. Sprinkler piping that is 4 inches and larger in width shall be used and the structural engineer of record shall provide written verification approving of the point and dead loads. (nl) Automatic Sprinkler Systems. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.3.1.1.1 with the following: 23 2012 International Fire Code Adoption Sec. 903.3.1.1.1 Exempt locations. When approved by the Fire Code Official, automatic sprinklers shall may not be required in the following rooms or areas where such rooms or areas are protected with an approved automatic fire detection system in accordance with Section 907.2 that will respond to visible or invisible particles of combustion. Sprinklers shall not be omitted from any room merely because it is damp, of fire-resistance rated construction, or contains electrical equipment. 1. Any room where the application of water, or flame and water, constitutes a serious life or fire hazard. 2. Any room or space where sprinklers are considered undesirable because of the nature of the contents, when approved by the fire code officialFire Code Official. 3. Generator and transformer rooms separated from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire-resistance rating of not less than 2 hours. 4. In rooms or areas that are of noncombustible construction with wholly noncombustible contents. (om) Automatic Sprinkler Systems. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.3.1.2.1 with the following: Sec. 903.3.1.2.1 Balconies and decks. Sprinkler protection shall be provided for exterior balconies, decks and ground floor patios of dwelling units. (n) Automatic Sprinkler Systems. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.3.1.3 with the following: Sec. 903.3.1.3 NFPA 13D Sprinkler Systems. The design of NFPA 13D fire sprinkler systems shall comply with the flow-through options listed in NFPA 13D. It is generally understood the flow-through systems be interconnected with the domestic plumbing system, sized accordingly, to provide adequate turnover of potable water as well as the minimum required density required by that of NFPA 13D. Sec 903.3.1.3.1 Design. In addition to the general design/coverage of the NFPA 13D fire sprinkler system a single sidewall, or other approved design, shall be installed above the man door between the habitable space and the attached garage. When the garage also contains a fuel fired appliance, the sidewall head, if within the listed spacing, will be adequate 24 2012 International Fire Code Adoption coverage for that appliance. All habitable spaces and other spaces with the potential to be occupied are to be covered. All spaces in excess of 10 square feet shall be provided with sprinkler coverage. (po) Automatic Sprinkler Systems - Installation Requirements. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.3.7 with the following: Sec. 903.3.7 Fire department connection locations. All fire department connection locations (F.D.C.’s) to automatic sprinklers and/or standpipe systems shall be located not less than 3 feet, nor more than 10 feet from the finished edge of an approved fire apparatus access road. F.D.C.’s shall not be located more than 50 feet from a fire hydrant. F.D.C.’s and F.D.C.’s serving sprinkler systems shall not be located on the wall of a building, unless approved by the fire code officialFire Code Official. F.D.C.’s serving class 1 or 3 standpipe systems may be located on walls, provided such walls are of fire resistive or noncombustible construction. Exception: F.D.C.’s that are not able to be located away from a wall due to physical restrictions may be located in an area approved by the fire code officialFire Code Official. F.D.C.’s shall be installed/located at the front of the building not less than 18 inches nor more than 36 inches above the finished grade of an approved fire apparatus access road. F.D.C.’s shall not be obstructed by vehicle parking, carports, garages, refuse storage containers, fences, landscaping or other obscuring features. F.D.C.’s shall be provided with tight fitting threaded caps or Knox type lockable caps. (qp) Automatic Sprinkler Systems - Alarms. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.4.2 with the following: Sec. 903.4.2 Alarms - Exterior notification. Approved audible alarm devices shall be connected to every automatic sprinkler system. Such sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Alarm devices shall be water-motor gong or approved electric bell which operates with water flow and operated and shall be provided on the exterior of the building in an approved location at each riser or riser group. Exception: NFPA 13D and NFPA 13R sprinkler systems may utilize an electrically operated alarm bell on the exterior of the building in an approved location at each riser or riser group, provided that the electrically operated alarm bell cannot be silenced during water flow. 25 2012 International Fire Code Adoption 903.4.2.1 Alarms - Interior notification. Actuation of the automatic sprinkler system shall actuate interior audible/visual notification appliances as outlined in NFPA 72 at all exits from all floors or where a fire alarm system is installed. The fire alarm system notification circuits shall provide the interior notification. When a structure exceeds one floor, a flow switch shall be provided for each floor. A flow alarm shall be identified by floor. Exception: NFPA 13D sprinkler systems do not require interior audible/visual notification appliances, except if a fire alarm system is installed, then the fire alarm system notification circuits shall provide the interior notification. (rq) Automatic Sprinkler Systems. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.4.3 with the following: Sec. 903.4.3 Floor control valves. Approved supervised indicating control valves shall be provided at the point of connection to the riser on each floor on buildings/structures four (4) or more stories in height or 30 feet above grade plane as defined in Chapter 2 of the International Fire Code. 18.02.090 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 907, FIRE ALARM AND DETECTION SYSTEMS. The following local amendments to Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," are adopted and incorporated into the International Fire Code: (a) Fire Alarm and Detection Systems - General. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended to add the following to Subsection 907.1.2: Sec. 907.1.2 Fire Alarm Shop Drawings. 14. A Bremerton Fire department Department submittal checklist. 15. A copy of the device/zone map. 16. All Fire fire alarm system sdrawings which contain 25 or more SLC/NAC devices combined, shall be submitted on no less than 11x1736”x24” sized drawings and 1/8"=1' to an approved scale with a digital copy of the design in DWG, DWF or other approved format. (PDFs are not acceptable.)PDF format. 26 2012 International Fire Code Adoption (b) Fire Alarm and Detection Systems - Where Required. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended to add the following Subsection 907.1.3.1 as follows: Sec. 907.1.3.1 All fire alarm systems shall be addressable. A fully functional annunciator panel shall be placed at the main entrance(s) and fire sprinkler room(s). Graphic annunciators shall be utilized in all high-rises and schools. Shielded fire alarm cable shall be utilized as required by the Fire Code Official. (bc) Fire Alarm and Detection Systems - Where Required. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by substituting Subsection 907.2 with the following: Sec. 907.2 Where required-new buildings and structures. All new and remodeled occupancies where the fire area exceeds 4,00010,000 square feet, an approved manual and automatic fire alarm system shall be provided. Approved addressable fire alarm systems will be required in all buildings having 10 or more fire alarm system devices. Where automatic sprinkler protection installed in accordance with Section 903.3.1.1 or 903.3.1.2 is provided and connected to the fire alarm system, automatic heat detection requirements of this section may be modified upon specific approval by the fire code officialFire Code Official. A prescriptive design will be: 1. Automatic smoke detection in common areas, corridors and/or means of egress areas. 2. Automatic heat detection throughout unless covered by a fire sprinkler system or smoke detection. Exceptions: 1. Group U Occupancies. 2. Occupancies protected throughout by an approved/monitored automatic sprinkler system can delete heat detectors from the system. 3. One and two family residences. 4. Those buildings that require 10 or less fire alarm devices pursuant to 907.2. 27 2012 International Fire Code Adoption In all remodels of existing non-sprinkled buildings over 4,000 square feet gross floor area, when the value of any remodel work exceeds 50 percent of the building’s assessed valuation. In any non-sprinkled existing building over 4,000 square feet gross floor area when a change in occupancy use classification occurs. Smoke detection shall be placed in: 1. Hallways, corridors, exit passages and all other primary egress components. 2. Above the fire alarm panel and all annunciator panels. 3. Rooms, assembly areas or other spaces which exceed 400 square feet. Heat detection shall be placed in all areas not covered by smoke detection. Exception: Buildings equipped with a fire sprinkler system. A fully functional annunciator panel shall be placed at the main entrance(s) and fire sprinkler room(s). Graphic annunciators shall be utilized in all high-rises and schools. Shielded fire alarm cable shall be utilized as required by the fire code. Prescriptive smoke detector placement shall utilize Table 5.6.5.5.1 from NFPA 72 2002 edition when ceiling heights exceed 10'. Prescriptive smoke detector placement of spot detectors shall not exceed 30' in height. Beam detectors shall be utilized in complex designs and ceilings in excess of 30'. (c) Fire Alarm and Detection Systems - Retroactive R-2 Visible Notification. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended to add Subsection 907.10 as follows: Sec. 907.10 Retroactive R-2 visible notification. At the request of the tenant, the building owner shall replace an existing audible device to an audible/visible device to assist hearing impaired tenants. Building owners are not required to otherwise change or modify fire alarm systems if due to design or device placement this option is not feasible. (d) Fire Alarm and Detection Systems - Duct Smoke Detectors. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended to repeal 28 2012 International Fire Code Adoption Exception 1 in Subsection 907.4.1. The amended is amended to add the following to Subsection Subsection 907.4.1 2.13.1.2reads as follows: Sec. 907.4.12.13.1.2 Duct smoke detectors. 3. Duct smoke detectors shall be connected to the building’s fire alarm control panel when a fire alarm system is provided. Activation of a duct smoke detector shall initiate a visible and audible supervisory signal at a constantly attended location. Duct smoke detectors shall not be used as a substitute for required open area detection. Exception: In occupancies not required to be equipped with a fire alarm system, actuation of a smoke detector shall activate a visible and an audible signal in an approved location. Smoke detector trouble conditions shall activate a visible or audible signal in an approved location and shall be identified as air duct detector trouble. (e) Fire Alarm and Detection Systems - Retroactive R-2 Visible Notification. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended to add Subsection 907.5.2.3.5 as follows: Sec. 907.5.2.3.5 Retroactive R-2 visible notification. At the request of the tenant, the building owner shall replace an existing audible device to an audible/visible device to assist hearing impaired tenants. Building owners are not required to otherwise change or modify fire alarm systems if due to design or device placement this option is not feasible. (ef) Fire Alarm and Detection Systems - Monitoring. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by substituting Subsection 907.5 6.5 with the following: Sec. 907.5 6.5 Monitoring. Where fire alarm systems are required by this chapter or by the International Building Code, a U.L.-listed central monitoring station in accordance with NFPA 72 shall monitor fire alarm systems. Exception: Supervisory service is not required for: 1. Single- and multiple-station smoke alarms required by Section 907.2.10. 2. Smoke detectors in Group I-3 occupancies. 3. Automatic sprinkler systems in one- and two-family dwellings. 29 2012 International Fire Code Adoption 4. Those existing R-1 and R-2 occupancies that are addressed by section 18.03.120(a) of the Bremerton Municipal Code. (fg) Fire Alarm and Detection Systems - Testing Prerequisites. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by adding a new Subsection 907.9.1: Sec. 907.9.1 Testing Prerequisites. Upon completion of the installation or alteration, a satisfactory test of the entire system and its functions shall be made in the presence of the fire code officialFire Code Official within two weeks of completion of installation. Prior to the acceptance test, written documentation shall be provided to the fire department certifying that the system has been installed and pre-tested in accordance with the approved plans and specifications. (gh) Fire Alarm and Detection Systems - Location/Security. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by adding a new Subsection 907.1110: Sec. 907.1110. Location/Security. The control unit, remote annunciator, alarm panel, and access keys to locked fire alarm equipment shall be installed and maintained in a location approved by the fire code officialFire Code Official. All occupancies equipped with a fire sprinkler or alarm system shall install a key safe below an exterior horn strobe and near the access to the remote annunciator or main entrance. Alarm panel access keys and building access keys or master keys shall be provided and kept in an on-site wall mounted entry key safe provided by the building owner and shall meet specifications of the fire code officialFire Code Official. (hi) Fire Alarm and Detection Systems - Monitoring. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by adding new Subsections 907.1211, 907.1312, 907.1413, 907.15 14 and 907.1615: Sec. 907.1211. Instructions. Written operating instructions for the fire alarm system shall be provided and kept in an on-site wall mounted entry key safe provided by the building owner and shall meet specifications of fire code officialFire Code Official. All alarm systems shall be capable of being silenced without having to be reset. Alarm panels that require a reset code to silence or reset the system shall be programmed with a fire department reset code that is approved by the fire code officialFire Code Official. Sec. 907.1312. Designer Qualifications. Persons who design fire alarm systems shall be either a fire protection engineer registered by the State of Washington or NICET III and current with all continuing education and 30 2012 International Fire Code Adoption training required by NICET. The designer must be NICET II by July 1, 2008 and NICET III by January 1, 2009. Sec. 907.1413. Installation Requirements. During the course of a fire alarm installation, including all subsequent modifications and annual testing, a NICET level II technician in fire alarms shall personally conduct all programming and testing. Sec. 907.1514. Existing Fire Alarm Systems. All existing fire alarm systems are subject to the provisions of 907.1413. Sec. 907.1615. Violations. Violations of section 907.14 13 and 907.15 14 constitutes a mandatory $1000 violation per occurrence. Each day constitutes a separate and distinct violation. Any three violations of this provision immediately revokes the affected fire alarm company’s City of Bremerton business license and prohibits re-application for a period of not less than three years. 18.02.095100 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 913, FIRE PUMPS. The following local amendment to Section 913 of the International Fire Code, entitled "Fire Pumps," is adopted and incorporated into the International Fire Code: (a) Fire Pumps. Section 913 of the International Fire Code is amended by adding a new Subsection 913.2.12: Sec. 913.2.1 2 Fire pumps utilizing electric drivers shall provide a back-up power supply. Exception: In F and S occupancies when the normal occupant load does not exceed 15, the occupancy would normally be vacated during power outages and with the fire code officialFire Code Official’s approval. 18.02.100 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 1433, FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION. The following local amendment to Chapter 1433 of the International Fire Code, entitled "Fire Safety During Construction and Demolition," is hereby adopted and incorporated into the International Fire Code as if fully set forth therein: (a) Water Supply for Fire Protection - When Required. Section 1412 of the International Fire Code, entitled "Water Supply for Fire Protection," is amended by substituting Subsection 1412.1 3312.1with the following: Sec. 1412.1 3312.1 When required. An approved water supply for fire protection shall be made available as soon as combustible material arrives on the site. 31 2012 International Fire Code Adoption 18.02.110 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 23, MOTOR FUEL-DISPENSING FACILITIES AND REPAIR GARAGES. The following local amendment to Chapter 23 of the International Fire Code, entitled "Motor Fuel-Dispensing Facilities and Repair Garages," is hereby adopted and incorporated into the International Fire Code as if fully set forth therein: Sec. 2305.3.1. Required Spill Control Equipment. Every fuel dispensing facility and repair garage shall maintain at least 50 pounds of rice hulls or other approved absorbent and at least 25 approved absorbent pads, minimum dimension 16 inch by 16 inch and/or other spill control equipment as approved by the Fire Code Official. 18.02.110 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 22, MOTOR FUEL-DISPENSING FACILITIES AND REPAIR GARAGES. The following local amendment to Chapter 2223 of the International Fire Code, entitled "Motor Fuel-Dispensing Facilities and Repair Garages," is hereby adopted and incorporated into the International Fire Code as if fully set forth therein: Sec. 22305.3.1. Required Spill Control Equipment. Every fuel dispensing facility and repair garage shall maintain at least 50 pounds of rice hulls or other approved absorbent and at least 25 approved absorbent pads, minimum dimension 16 inch by 16 inch and/or other spill control equipment as approved by the fire code officialFire Code Official. 18.02.120 AMENDMENTS TO THE INTERNATIONAL FIRE CODE – CHAPTER 33, FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION. The following local amendment to Chapter 33 of the International Fire Code, entitled "Fire Safety During Construction and Demolition," is hereby adopted and incorporated into the International Fire Code as if fully set forth therein: (a) Water Supply for Fire Protection - When Required. Section 3312 of the International Fire Code, entitled "Water Supply for Fire Protection," is amended by substituting Subsection 3312.1with the following: Sec. 3312.1 When required. An approved water supply for fire protection shall be made available as soon as combustible material arrives on the site. 18.02.120 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 27, HAZARDOUS MATERIALS - GENERAL PROVISIONS. The following local amendment to Chapter 27 of the International Fire Code, entitled "Hazardous Materials - General Provisions," is hereby adopted and incorporated into the International Fire Code as if fully set forth therein: (a) Storage - Ventilation - System Requirements. Section 2704 of the International Fire Code, entitled "Storage," is amended by substituting Subsection 2704.3.1 with the following: 32 2012 International Fire Code Adoption Sec. 2704.3.1 System requirements. Exhaust ventilation systems shall comply with all of the following: 1. Installation shall be in accordance with the International Mechanical Code. 2. Mechanical ventilation shall be at a rate of not less than 1 cubic foot per minute per square foot [0.00508 m3/(s · m2)] of floor area over the storage area. 3. Systems shall operate continuously unless alternative designs are approved. 4. A manual shutoff control shall be provided outside of the room in a position adjacent to the access door to the room or in another location, if approved by the fire code official. The switch shall be of the break-glass type and shall be labeled: VENTILATION SYSTEM EMERGENCY SHUTOFF: FIRE DEPARTMENT USE ONLY. 5. Exhaust ventilation shall be designed to consider the density of the potential fumes or vapors released. For fumes or vapors that are heavier than air, exhaust shall be taken from a point within 12 inches (305 mm) of the floor. 6. The location of both the exhaust and inlet air openings shall be designed to provide air movement across all portions of the floor or room to prevent the accumulation of vapors. 7. Exhaust ventilation shall not be recirculated within the room or building if the materials stored are capable of emitting hazardous vapors. 18.02.130 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 45, MARINAS. The following local amendment adding a new Chapter 45 of the International Fire Code, entitled "Marinas," is hereby adopted and incorporated into the International Fire Code as if fully set forth therein: Chapter 45 MARINAS 4501 Scope Marina facilities shall be in accordance with this chapter. 4501.2 Plans and Approvals 33 2012 International Fire Code Adoption Plans for marina fire-protection facilities shall be approved prior to installation. The work shall be subject to final inspection and approval after installation. 4501.2.1 Permits Permits are required to use open-flame devices for maintenance or repair on vessels, floats, piers or wharves. 4502 DEFINITIONS 4502.1 Definitions. The following words and terms shall, for the purpose of this chapter and as used elsewhere in this code, have the meanings shown herein. FLOAT is a floating structure normally used as a point of transfer for passengers and goods, or both, for mooring purposes. MARINA is any portion of the ocean or inland water, either naturally or artificially protected, for the mooring, servicing or safety of vessels and shall include artificially protected works, the public or private lands ashore, and structures or facilities provided within the enclosed body of water and ashore for the mooring or servicing of vessels or the servicing of their crews or passengers. PIER is a structure built over the water, supported by pillars or piles, and used as a landing place, pleasure pavilion or similar purpose. VESSEL is watercraft of any type, other than seaplanes on the water, used or capable of being used as a means of transportation. Included in this definition are nontransportation vessels such as houseboats and boathouses. WHARF is a structure or bulkhead constructed of wood, stone, concrete or similar material built at the shore of a harbor, lake or river for vessels to lie alongside of, and piers or floats to be anchored to. 4503 GENERAL PRECAUTIONS 4503.1 Combustible Debris. Combustible debris and rubbish shall not be deposited or accumulated on land beneath marina structures, piers or wharves. 4503.2 Sources of Ignition. Open-flame devices used for lighting or decoration on the exterior of a vessel, float, pier or wharf shall be approved. 34 2012 International Fire Code Adoption 4503.3 Flammable or Combustible Liquid Spills. Spills of flammable or combustible liquids at or upon the water shall be reported immediately to the fire department or jurisdictional authorities. 4503.4 Rubbish Containers. Containers with tightfitting or selfclosing lids shall be provided for the temporary storage of combustible trash or rubbish. 4503.5 Electrical Equipment. Electrical equipment shall be installed and used in accordance with its listing and Section 605 as required for wet, damp and hazardous locations. 4503.6 Berthing and Storage. Berthing and storage shall be in accordance with NFPA 303, Chapter 5. 4503.7 Addressing. Each slip shall be numbered and clearly marked. 4504 FIRE-PROTECTION EQUIPMENT 4504.1 General. Piers, wharves, floats with facilities for mooring or servicing five or more vessels, and marine motor vehicle fuel-dispensing stations shall be equipped with fire-protection equipment in accordance with Section 4604. 4504.2 Standpipes. Marinas and boatyards shall be equipped throughout with standpipe systems in accordance with the following: 1. All portions of floats exceeding 150' in distance from the point of fire apparatus access shall be provided with an approved dry standpipe system, installed in conformity with NFPA 14 and Section 905.12. 2. Hose stations shall be provided at 150' intervals, with the most remote station a maximum of 75' from the end of the float. Each hose station shall be provided with two 2-1/2'' standpipe valves with 2 1/2'' to 1 1/2'' reducers with caps. Installation of fire hose is not mandatory at standpipe locations. All hose station risers shall be galvanized steel. 3. Each standpipe system shall be provided with a minimum of two 2-1/2'' Fire Department connections. The Fire Department connections shall be located on the shore end of the first floating dock. 4. Piping shall be minimum schedule 40 class and shall be sized to deliver 300 GPM at 65 psi residual pressure at the most remote station with a delivered pressure of 150 psi at the Fire Department connection. 35 2012 International Fire Code Adoption 5. Sectional valves shall be provided at the change of direction of each float and at each hose station. The valve shall be down stream of the hose station. 4504.3 Access and Water Supply. Piers and wharves shall be provided with fire apparatus access roads and water-supply systems with on-site fire hydrants when required by the fire code official. Such roads and water systems shall be provided and maintained in accordance with Sections 503.2 and 508. 4504.4 Portable Fire Extinguishers. One fire extinguisher for ordinary (moderate) hazard type, shall be provided at each required hose station. Additional fire extinguishers, suitable for the hazards involved, shall be provided and maintained in accordance with Section 906. 4504.5 Communications. A telephone not requiring a coin to operate or other approved, clearly identified means to notify the fire department shall be provided on the site in a location approved by the code official. 4505 MARINE MOTOR VEHICLE FUEL-DISPENSING STATIONS 4505.1 Fuel-Dispensing. Marine motor vehicle fuel-dispensing stations shall be in accordance with Chapter 22 of this code. 18.02.140130 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - APPENDIX D, FIRE APPARATUS ACCESS ROADS. The following local amendments to Appendix D to the International Fire Code, entitled "Fire Apparatus Access Roads," are hereby adopted and incorporated into the International Fire Code as if fully set forth therein: (a) Minimum Specifications - Grade. Section D103 of the International Fire Code, entitled "Minimum specifications," is amended by substituting Subsection D103.2 with the following: Sec. D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent longitudinal and/or 6 percent laterally in grade. Approach and departure angle for fire apparatus access shall be as determined by the fire code official. Unless building sprinklers have been installed in accordance with this code and the roadway has been approved by the fire code official. (ba) Minimum Specifications - Turning Radius. Section D103 of the International Fire Code, entitled "Minimum specifications," is amended by substituting Subsection D103.3 with the following: 36 2012 International Fire Code Adoption Sec. D103.3 Turning radius. The fire apparatus access road shall have a 23 foot minimum inside turning radius and a 45 foot minimum outside turning radius. (cb) Fire Apparatus Access Road Gates. Section D103.5 of the International Fire Code, entitled "Fire Apparatus Access Road Gates," is amended by substituting Subsection D103.5.1 with the following: Sec. D103.5.1 The minimum gate width shall be 14 feet. 18.02.150140 FIRE CODES - FEES. The fees to be assessed for the codes adopted in this chapter shall be as set forth in BMC 3.01.060, Fire Department - Rate Table E, as currently enacted or as hereafter amended. 18.02.160150 CITY OF BREMERTON FALSE ALARM CODE. (a) For the purposes of this section, a false alarm shall be deemed and construed as being: the activation of any fire protection system due to some form of maintenance or lack of maintenance element. (b) It shall be unlawful for any person to give, signal, or transmit or for any person to cause or permit to be given, signaled, or transmitted, in any manner any false alarm. (c) It shall be unlawful for any person to tamper with or maliciously injure or activate any fire protection system or equipment maintained for the purpose of transmitting fire alarms to the Fire Department. (d) Nothing in this section shall prohibit the sounding of any such signal essential for the carrying out of any system maintenance or fire drill. The Fire Code OfficialFire Code Official, his designated representative, or the responsible central station monitoring agency shall be notified in advance when such signal will be sounded. (e) Any person, firm or corporation who is found to have signaled or transmitted a false alarm shall be guilty of a civil infraction and shall be fined per BMC 3.01.060, Fire Department - Rate Table E. (f) Definitions. (1) "False alarm" shall mean the activation of a fire protection system at a time when no conditions attributable to a fire or smoke condition are found to exist upon arrival of the Fire Department. (2) "Fire Code Official" shall mean the Chief of the Fire Department or his designated representative. (32) "Person" shall mean any person, firm, partnership, association, corporation, company or organization of any kind. (43) "Preventable false alarm" shall mean a false alarm caused or initiated or allowed to be caused or initiated by the premises owner, or by a representative, assignee, or other persons that function under the direction or control of the owner, whether caused by direct intent, malicious action or by system neglect or improper system maintenance. (54) "Unpreventable false alarm" shall mean a false alarm caused by power failures or interferences unrelated to the operation of the premises. (g) Any person having or maintaining a fire alarm shall, within three (3) working days after notice by the Fire Code Official at the scene of a false alarm, make a written report to 37 2012 International Fire Code Adoption the Fire Code Official setting forth the cause of such false alarm, the corrective action taken, whether such alarm has been inspected by an authorized service person, and such other information as the Fire Code Official may reasonably require to determine the cause of such false alarm and the prescribed action necessary. (h) The determination whether or not a false alarm was preventable shall be made by the Fire Code Official. Any fee resulting from a determination that a false alarm was preventable shall be billed by the City Treasurer’s Office and shall be deposited in the General Fund. 18.02.160 Reserved. 18.02.170 AUTOMATIC SPRINKLER SYSTEMS - BUILDINGS CONTAINING TWO OR LESS DWELLING UNITS. (a) When automatic sprinkler systems are installed in buildings containing two (2) or less dwelling units as defined in the International Residential Code, whether attached or detached, they are permitted to be connected to the domestic service within said unit utilizing an integrated fire/plumbing flow-through system. (b) Automatic sprinkler systems installed pursuant to subsection (a) of this section shall not be subject to general facility charges, connection fees, inspections fees and other permit fees specifically related to and otherwise assessable under Chapter 3.01 BMC and BMC Title 15 attributed to the installation of automatic sprinkler systemsthe installation of a fire sprinkler system with a service size up to and including one (1) inch. (c) Automatic sprinkler systems installed pursuant to subsection (a) of this section are integrated into and dependent upon the domestic water supply of the residential dwelling unit; therefore, the property owner is responsible for maintaining a connection to and paying for an adequate supply of water to the residential dwelling unit. 18.02.175180 SPECIFIC VIOLATIONS - FINES. Any violation of any provision of the City Fire Code identified in this section may be assessed a monetary fine for each incident or occurrence as follows: (a) Illegal burning: two hundred fifty dollars ($250.00); (b) NICET violations: one thousand dollars ($1,000); (c) False fire alarms: two hundred dollars ($200.00); (d) Fire Code violations with the knowledge of the a responsible party: one hundred twenty-five dollars ($125.00); (e) Repeat Fire Code violations for failure to correct or comply with the City Fire Code: one hundred twenty-five dollars ($125.00). Nothing in this section prohibits the City from seeking other remedies as allowed by ordinance, including, but not limited to, those set forth in BMC 18.02.180. The Fire MarshalFire Code Official may, at his or her discretion, reduce the amount of the assessed fine due to mitigating circumstances. 18.02.180190 VIOLATION - PENALTY. (a) Any violation of any provision of the City Fire Code, BMC Title 18, constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement may be required as provided therein. 38 2012 International Fire Code Adoption (b) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any of the provisions of the City Fire Code, BMC Title 18, shall be guilty of a misdemeanor pursuant to BMC 1.12.020(2). 18.02.190200 APPEALS. (a) Appeals to the Hearings Examiner. (1) Jurisdiction. The City Hearings Examiner has been designated as the Board of Appeals and shall have jurisdiction over all matters concerning the reasonable application of the fire codes cited in this chapter. The City Hearings Examiner, however, shall have no authority relative to interpretation of the administrative provisions of these codes, nor shall the City Hearings Examiner be empowered to waive requirements of these fire codes and referenced codes. (2) Filing. Appeals shall be filed with the Hearings Examiner in accordance with Chapter 2.13 BMC. (3) Standing. Standing to bring an appeal under this chapter is limited to the following persons: (i) The applicant and the owner of property to which the permit decision is directed. (ii) Another person aggrieved or adversely affected by the order, determination, or decision, or who would be aggrieved or adversely affected by a reversal or modification of the order, determination, or decision. A person is aggrieved or adversely affected within the meaning of this section only when all of the following conditions are present: a. The order, determination, or decision has prejudiced or is likely to prejudice that person; b. A judgment in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by the order, determination, or decision; and c. The appellant has exhausted his or her administrative remedies to the extent required by law. (b) Appeals to Superior Court. Appeals to the Hearings Examiner shall be made pursuant to Chapter 2.13 BMC. SECTION 2. 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. 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___________ day of ____________________, 2013. _________________________________ GREG WHEELER, Council President 39 2012 International Fire Code Adoption Approved this ________ day of ________________________, 2013 _________________________________ PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ SHANNON L. CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the________ day of ______________________, 2013 EFFECTIVE the_________day of ______________________, 2013 ORDINANCE NO. ____________ R:\Legal\Legal\Ordinances\Fire\2012 IFC Amendments (2013)8.docx