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HomeMy WebLinkAbout02/09/05 AGENDA 181 ,..., L ,.... ",-.1- ~"(~C~]\{@;:T~:l ~ ,... 1~~tJ~41f!f~~:C:}J~) , ."",............,,.,=-.""'..~,._,... """'1 CITY COUNCIL 345 6th Street, Suite 600, Bremerton, W A 98337-1873 03 (360) 473-5280 FEBRUARY 9, 2005 CITY COUNCIL MEETING AGENDA 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. General Council Business B. A 20-minute Executive Session to discuss "POTENTIAL LITIGATION" per R.C.W. 42.30.110(1)(i). 2. CALL TO ORDER: 5:30 P.M. in MEETING CHAMBERS LOCATED ON FIRST FLOOR A. Pledge of Allegiance B. Invocation 3. PUBLIC SERVICE ANNOUNCEMENTS 4. CONSENT AGENDA A. Claims & Check Register (#AB05-039) 5. GENERAL BUSINESS - There are no GENERAL BUSINESS items this week... 6. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING CITY COUNCIL STUDY SESSION Immediately following the City Council Meeting, the Council Members will reconvene in COUNCIL CONFERENCE ROOM 603 for a LEGISLATIVE REVIEW MEETING to hear presentations on the following ~ items. Please note that no action will be taken, and the content of these items are subject to change... a..5~ 1. Professional Services Agreement to WASHINGTON TIMBERLAND MANAGEMENT for Timber Harvest \ Management and Marketing Services - Bill McKinney, Forestry Manager 2. Contract Award to FISCHER GENERAL CONTRACTING, INC. for Reservoir No.1 0 North & South Seismic 13 Upgrades - Dan Miller, Project Manager, Public Works & Utilities 3. Contract Award to T. BAILEY, INC. for Reservoir No.8 Seismic Upgrade and Interior Coating \5 Replacement -Dan Miller, Project Manager, Public Works & Utilities 4. Resolution setting a Hearing Date of March 16, 2005 for approval and confirmation of the 18 Assessments and Assessment Roll for ULlD 2002-1 - Michael Mecham, City Engineer 5. Proposed Ordinance granting Cascade Natural Gas Corporation a Franchise - Michael Mecham, 2-:2- City Engineer 6. Budget Adjustment for completion of Pedestrian Door in the 4th & Washington Parking Garage on 5th 30 Street - Paula Johnston, City Clerk 7. Contract Approval for 2005 between Kitsap Physicians Service (KPS) and the City of Bremerton- 3<8 Carol Conley, Human Resources Director 8. Resolution to adopt the Kitsap County revised Multi-Hazard Mitigation Plan - Fire Chief AI Duke 5~ 9. Proposed Ordinance adopting amendments to Title 20 of the Bremerton Municipal Code (BMC) B 0 relating to the Zoning Code - Chris Hugo, Director of Community Development fO. -(!nV1,'S- 6>CArl- fh>perfy - !<eVl IY/rckeISet-1) ft,tr/<s- P,'r~<..:il>r(..t--~ OJ-.drj . Americans with Disabilities Act (ADA) 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. DATE SUBMITTED: BILL # () .:J-(j3? AGENDA BILL CITY OF BREMERTON 'IA CITY COUNCIL ~eeg~SmDm~~~~e~mc~m~~8~D~~EGm~m~~~m0~~~mE&mGmm~B88m~BDeBnmmti~mm~BmmesmmB~~mEmeE~~m8~S~Bm SUBJECT: cL\,-pproval of Claims and Checks Committee Meeting Date: Register COUNCIL rviEETING Date: c? ~9-o.s- Department: Financial Services Presenter: Cathy Johnson Phone: 473-5296 SUMMARY: Consent agenda item. Approval of payroll, checks and electronic fund transfers. ATTACHMENTS: FISCAL IMP ACTS (Include Budgeted Amount):. , APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: .-- CONSENT AGENDA IZI OPERATIONS: COUNCIL PRESIDENT: ---:=D~ ~ RECOMMENDED MOTION: Move to APprove:. tp(, 7?,F::! 1) Check#'s;(,9'77f?L3 through;{9?$ItJandEFT's (P~7~ through ~ in the amount of $ I.f I (J "5 s-7. 5f-3 2) Regular Payroll for the pay period ending I-~S---D S- in the amount of $ (P30 DOor::: 7S- /-3(-0 ) (P~?: ??9./~ 3) Retiree Payroll for the pay period ending /-3/-D~ in the amount of $ . 9 ~ Jl"S'S'"; {) S- COUNCIL ACTION: ~prove D Deny D Table o Continue D No Action DATE SUBMITIED: February 2, 2005 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Professional Services Committee Meeting Date: February 9, 2005 Agreement for Timber Harvest Mgt. & COUNCIL MEETING Date: February 16, 2005 Marketing Services Department: PW&U, Forestry Presenter: Bill McKinney Phone: 473-5354 SUMMARY: Public Works & Utilities has negotiated a Professional Services Agreement with Washington Timberland Management of Union, W A, a consulting forestry firm, to perform timber harvesting and marketing services within Water Utility forest lands under the direction of the Forestry Manager. Sale of timber through this agreement will be a large component of the annual timber revenue goals of the Water Utility. This proposal was brought before the Public Works Committee on December 14, 2004. A synopsis for this proposal is attached. ATTACHMENTS: 1.) Synopsis; 2.) Professional Services Agreement FISCAL IMPACTS (Include Budgeted Amount): Annual revenue generated through this Agreement will be approximately $1.5 million as budgeted. Consultant's fee is paid from a percentage of timber value per Fee Schedule attached as Exhibit B of the Agreement. APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY: -~ FINANCE DIRECTOR: -;;// MAYOR: ,/ // / FISCALIBUDGET: CONSENT AGENDA 0 OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to approve a Professional Services Agreement with Washington Timberland Management to perform harvesting and marketing services as directed by the Forestry Manager and authorize the Mayor to finalize and execute the necessary contract documents for the Agreement. COUNCIL ACTION: 0 Approve o Deny o Table o Continue o No Action I SYNOPSIS Proposal for Professional Services Agreement - Timber Harvest Management and Marketing Dep" of Public Works & Utilities, Forestry Division Back2J"Ound Timber harvesting is an important revenue component for the Water Utility. Approximately $1.5 million is generated annually, at times representing over 30% of total Utility revenues. Timber has been sold both by open bid timber sales and via marketing services agreements. Bid timber sales were primarily even-age ("clearcut") harvest operations that can generally be logged at lower cost. In the early 1990' s, our harvest emphasis shifted to forest health and uneven-age (thinninglselective cut) operations. This type of harvest can have a higher relative cost as less volume/acre is removed; daily production is relatively lower; and higher skill and diligence is required of the harvester for harvest tree selection and to leave the residual stand in the prescribed condition. The even-age harvest method is applicable to some situations, but un-even age halvest has benefits for overall watershed management The Public Works Forestry staff selects all harvest units and determines the prescription for harvest and overall management of each timber stand. This process takes into account water quality and production, regulatory requirements, forest stand improvement, sustainable harvest levels, and accessibility. Washington Timberland Management (WTM) has worked previously to provide timber harvest and marketing services through professional services agreements. Negotiated compensation rate is paid from timber proceeds at no more than ten percent (10%) of delivered log price. ReouestlReasonine: The current agreement with WTM expired December 31, 2004. Forestry staff believes it would be extremely useful to continue to utilize their services. The following reasons are compiled from past experience with this company and this type of agreement: . Quality of work provided based on professional staff experience and marketing expertise . Rate of return to Water Utility from log sales has averaged 60% for all species, grades and halvest operations (2004 halvest included high percentage of thinning in lower value hemlock and pulp grades) . Knowledge and experience in the industry and familiarity with forest practice regulations . Market access . Payment based on actual scale of halvested timber rather than lump sum . Log and financial accountability (excellent system employed to track volumes, grades, payments) . Responsiveness (subcontractors on short notice, quick response to requests and changing conditions) . Use of State certified logging contractors . Knowledge of our watershed and forest management goals and constraints . Long term employees and subcontractors (reflects in logging costs, work quality) . Market leverage (benefit from aggregate volumes supplied by consultant) . Maintain/retain buyers during market downturns . Confidence of regulatory agencies . Flexibility to adjust halvest boundaries and volumes . Flexibility to change markets to obtain optimum return to Water Utility . Range of harvesting systems available Recommendation Public Works & Utilities staff recommends that the City 1) Develop a new professional services agreement (proposed agreement attached) for a five year term (2005 - 2009) and 2) Execute this agreement with Washington Timberland Management. 1/31/2005 ;;L PROFESSIONAL SERVICES AGREEMENT Timber Harvest Management and Marketing Services # The City of Bremerton ("City") and Washington Timberland Management ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H. of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: This Agreement commences on the date of execution and terminates on December 31,2009, unless terminated earlier per Section IX. City and the Consultant agree that work will begin on the tasks described in Exhibit A upon execution of this Agreement and completed on a mutually agreeable schedule. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant according to the terms and at a time and in a manner provided for in the fee schedule attached as Exhibit B and incorporated herein by reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit B. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed Bremerton/Washington Timberland Management 1/18/2005 Timber Harvest Management & Marketing Services Page 1 of 10 3 in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFIC ALL Y AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTffiS FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination ofthis Agreement. BremertonlWashington Timberland Management 1/18/2005 Timber Harvest Management & Marketing Services Page 2 of 10 4 VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liabilitv insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCV) if applicable; and employer's liability; and 3. Excess Liabilitv insurance with limits not less than $1,000,000 limit per occurrence and aggregate. 4. Professional Liabilitv insurance with limits no less than $1,000,000 limit per occurrence/claim. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims-made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. BremertonIW ashington Timberland Management 1/18/2005 Timber Harvest Management & Marketing Services Page 3 of 10 5 VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Union, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Consultant to Maintain Records to Support Independent Consultant Status: On the effective date ofthis Agreement (or shortly thereafter), Consultant shall: 1. File a schedule of expenses with the Internal Revenue Service for the type of business Consultant conducts; 2. Establish an account with the Washington State Department of Revenue and other necessary state agencies for the payment of all state taxes normally paid by employers, register to receive a unified business identifier number from the State of Washington; and 3. Maintain a separate set of books and records that reflect all items of income and expenses of Consultant's business, all as described in the Revised Code of Washington (RCW) Section 51.08.195, as required to show that the services performed by Consultant under this Agreement shall not give rise to an employer- employee relationship between the parties which is subject to RCW Title 51, Industrial Insurance. BremertonlWashington Timberland Management 1/18/2005 Timber Harvest Management & Marketing Services Page 4 of 10 G D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Union, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. 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. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address: Consultant Address: Forestry Manager Gary A. Hanson, President Bremerton Public Works & Utilities Washington Timberland Mgt. 3027 Olympus Drive P.O. Box 130 Bremerton, W A 98310 Union, W A 98592 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. Bremerton/Washington Timberland Management 1/1812005 Timber Harvest Management & Marketing Services Page 5 of 10 7 M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. O. Assignment: Any assignment of this agreement by the without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. Termination shall be effective ten calendar days after Consultant's receipt of the written notice by certified mail. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period oftime commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City BremertonlWashington Timberland Management 1/18/2005 Timber Harvest Management & Marketing Services Page 6 of 10 C6 without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. CITY OF BREMERTON CONSULTANT By: By: its: its: Date: Date: ~ Attest: (, ..........- - -::::,. Br merton City Atto y City Clerk R:\LEGAL\Contracts\FORMS\Professional Services Agreement Form (2003).doc Bremerton/Washington Timberland Management 1/18/2005 Timber Harvest Management & Marketing Services Page 7 of 10 1 EXHIBIT A Scope of Services for Timber Harvest Management and Marketing Services Deliverables: For harvest units within Water Utility forest lands selected by the Forestry Manager, Consultant shall provide the following: 1. Complete or assist in completing Forest Practices Applications (FP As) in a form acceptable to the Washington Department of Natural Resources, by a date mutually agreeable to the City and Consultant. 2. Complete or assist in completing any other requirement for harvest required by a regulatory agency having jurisdiction. 3. In consultation with the Forestry Manager, determine appropriate logging system to economically harvest timber on selected units. Said method shall take into account water quality as well as other environmental concerns. Harvest type (even-age, uneven-age, and/or combination) shall be determined by the Forestry Manager. Residual spacing, leave tree, and harvest tree selection to be prescribed by the Forestry Manager in consultation with the Consultant. 4. Field location and marking of harvest unit boundaries and road betterment or construction centerlines as directed by the Forestry Manager prior to submission ofFP As. 5. Coordinate and supervise subcontractors in road construction and betterment, harvesting, and hauling operations on specified road segments and harvest units, per above items and in conformance with current or revised forest practice regulations. Operations are to be conducted so as to achieve the following general conditions upon completion: . Comply with all FP A and other regulatory requirements . Achieve spacing requirements and leave tree selection as directed by the Forestry Manager . A void damage to water bodies and soils; minimize damage to all leave trees . Harvest areas requiring reforestation shall be left in a condition conducive to reforestation . Slash shall either be machine piled and fire breaks constructed and/or evenly scattered throughout the harvest unit, as directed by the Forestry Manager . Required access roads shall be constructed to the standard prescribed by forest practice rules and approved by the Forestry Manager . Roads, yarding corridors and skid trails shall be left in a condition to prevent erosion as prescribed by the Forestry Manager 6. Provide log accountability records and timber payment disbursements including periodic Bremerton/W ashington Timberland Management 1/18/2005 Timber Harvest Management & Marketing Services Page 8 of 10 10 EXHIBIT A Scope of Services for Timber Harvest Management and Marketing Services (continued) and final accounting statements (more fully specified in Schedule B). 7. In addition, if requested by the Forestry Manager, Consultant shall provide a summary of previous years harvest in a format acceptable to complete annual Harvest Report required by the Dept. of Natural Resources. Summary, if required shall be available on, or about February 1 st ofthe proceeding year following harvest. Bremerton/Washington Timberland Management 1/18/2005 Timber Harvest Management & Marketing Services Page 9 of 10 II EXHIBIT B Fee Schedule for Timber Harvest Management and Marketing Services Timber Harvesting and Marketing: 1. Consultant shall receive ten percent (10%) ofthe delivered log price for timber harvested as part of this Agreement. No compensation will be paid to consultant for pulp sort prices under $26.00/ton delivered price. It is understood that the Consultant shall obtain the highest practical log prices from the best possible domestic log markets (all City timber is export restricted under WAC 240-15; all pertinent State and Federal regulations apply). 2. The following shall be allowable deductions from log proceeds: . Consultant fee . Authorized logging and haul costs . Authorized road building and betterment expenses . Authorized reforestation expenses . Forest Excise taxes 3. Consultant shall provide the City with periodic summaries in a format approved by the Forestry Manager, showing market, species, grade, volume delivered, price/unit, total mill payments, disbursements to City, consultant, subcontractors, as well as other expenses described above or required by the Forestry Manager Out of Scope Services: Any out-of-scope services approved by the Forestry Manager shall be paid for on a time and materials basis according to the following schedule: Miscellaneous Forestry Services $55.00/hour Mileage $OAO/mile Consultant shall submit a statement describing the services rendered with a breakdown for hours and rate as authorized under this Agreement. The City, upon receipt of the completed statement, shall promptly process claim for payment. BremertonIW ashington Timberland Management 1/18/2005 Timber Harvest Management & Marketing Services Page 10 of 10 /0- DATE SUBMITTED: January 24, 2005 BILL # AGENDA BILL :c- ~ CI~I~~ ~~~~ZON 'e. m Z. ............................................................................ ............... SUBJECT: CONTRACT AWARD- Committee Meeting Date: February 9, 2005 Fischer General Contracting, Inc.- COUNCIL MEETING Date: February 16, 2005 Reservoir No. 10 North & South- Department: Public Works & Seismic Upgrades Utilities ~~/ Presenter: Dan Miller Phone: 473-2314 i./ SUMMARY: Bids were opened on Tuesday, January 18, 2005 for Reservoir No. 10 North & South, Seismic Upgrade Project. A total of nine (9) bids were received for the project (see attached Bid Opening List). The low bidder is Fischer General Contracting, Inc. from Poulsbo, W A for the Total Lump Sum Bid of $67,091.00. The total contract amount, including Washington State Sales Tax, is $72,861.00. The engineer's estimate was $110,000. A TT ACHMENTS: Bid Opening List FISCAL IMPACTS (Include Budgeted Amount): Budgeted in Water 2005 in the amount of $353,000 to include Reservoirs 10 N&S, 21 (estimate $114K), and 22 (estimate $113K) for 100% cost funded by FEMA-Hazardous Mitigation Grant Program. APPRO V ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: CONSENT AGENDA D OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to approve the contract award to Fischer General Contracting, Inc. in the amount of$72,861.00 including Washington State Sales Tax, and authorize the Mayor to execute the contract. COUNCIL ACTION: D Approve D Deny D Table D Continue o No Action /3 --~-~" \' \ ..~ , I ,I \ ~ I <.1: .. \ I- I o I \ I- o 1-. 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'" 0 " I- u.ll- Z &~. '-. \J . - 'A \-. \~ 3"" 'n. <.J - '",," p V (\ " ......... n. uJ ~ o <.1: u' -, t\~ -:\V1' <C (/) ..... mO' \. .. .' I. " - DATE SUBMITTED: January 24, 2005 BILL # AGENDA BILL CITY OF BREMERTON 3 CITY COUNCIL ...........................................................................................1 SUBJECT: CONTRACT AWARD- Committee Meeting Date: February 9, 2005 T Bailey Inc. - COUNCIL MEETING Date: February 16,2005 Reservoir No.8 - Seismic Upgrade & Department: Public Works & Interior Coating Replacement Utilities Presenter: Dan Miller Phone: 473-2314 SUMMARY: Bids were opened on Tuesday, January 18, 2005 for Reservoir No.8, Seismic Upgrade & Interior Coating Replacement Project. A total of eleven (11) bids were received for the project (see attached Bid Opening List). The low bidder is T Bailey, Inc. from Anacortes, W A for the Total Lump Sum Bid of $226,000.00. The total contract amount, including Washington State Sales Tax, is $245,436.00. The engineer's estimate for this project was $255,000. ATTACHMENTS: Bid Opening List (2-pages) FISCAL IMPACTS (Include Budgeted Amount): Budgeted in Water 2005 in the amount of $350,000 for 100% cost funded by FEMA-Hazardous Mitigation Grant Program. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: CONSENT AGENDA 0 OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to approve the contract award to T Bailey Inc. in the amount of$245,436.00 including Washington State Sales Tax, and authorize the Mayor to execute the contract. COUNCIL ACTION: 0 Approve o Deny o Table o Continue o No Action (5 -~-...------~"~----' -- .....J <( t I- 0 v;. I- \~ :t- ~ --~~----V::~g7()7~9 B '< C; ~..J' 0- \. ( J ~. ,.;) 0 ~ (/). 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'" \-::.) ..,; ~ -J ~ Q ~ s: .....J 0 ~ lu ,- (: 1 'J ?:: ~~ ~ -7 .. ~. -J ~ 0 \'\ I- .... j' -_ ,\....J "e ill ~ a -J 0- I- ill <( W .~-~..,. ~ cJ '/) ,::l. '-, \ \ a: 5~ a ~ Z " " - ,- <( a: I- ~ /'. ,.,; '" \ <i !j\ l.L f \ r- \ ~ -..... it \" frl ~ ~ .~ 0 <( CD 0 ...... j ',-, '.,-, --' ~,-i...... . <(, CfJ ~ J(;7 --\- . . ~ . . @ fu @ 0 0 u..l () -z. ti u..l 0- 0 % 0% ~g uJ'4: ~..J et=' Ul~ U-t- b 00 u..l ~cn -z. u.l - 0- 0 0 u.l :E ~ b u.l z u.l . . 0- ~ 0 uJ t: ~ I- 0 0 CO DATE SUBMITTED: January 26,2005 BILL # - AGENDA BILL ~m CITY OF BREMERTON ~ CITY COUNCIL ........................................................................................ SUBJECT: Resolution No._ setting a Committee Meeting Date: Februrary 9, 2005 hearing date of March 16,2005 for approval COUNCIL MEETING Date: Februaury 16, 2005 and confirmation of the assessments and Department: PW &U, Engineering assessment roll for ULID 2002-1. Presenter: Michael Mecham Phone: 473-5288 SUMMARY: The City initiated forming a Utility Local Improvement District (ULID) in 2002. This ULID provides water service to sections ofthe W -650 pressure zone which is in the vicinity of Werner Road and south and west ofNolwood Lane (see attached vicinity map). Construction is complete. This resolution sets a hearing date for the approval and confirmation ofthe assessments and assesment roll as required by the State of Washington ATTACHMENTS: 1. Council Summary; 2. Resolution; 3. Vicinity Map FISCAL IMPACTS (Include Budgeted Amount): 12% of the cost is contributed by the City. The ~ City's co~tribution is $56,324.29 This is budgeted in the Water Utility Fund 0. \u......~ "",',~\.. Q...~~q,~\e. ~.~~wc:\~ c.os:\-s. .____ APPROV ALS: (~. ~j , I:.~ DEPARTMENT DIRECTOR\.:~:-') }. . /~,t/-- "-",. '-- ----- CITY ATTORNEY: ..- FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: CONSENT AGENDA D OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to pass Resolution # setting hearing date of March 16, 2005 for approval and confirmation of the assessments and assessment roll for ULID 2002-1. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action ab, Agenda Bills 2005, ULID 2002 Assessment Roll ICd RESOLUTION NO. l' A RESOLUTION of the City Council of the City of Bremerton, Washington, establishing a hearing date for approval and confirmation of the assessments and assessment roll for Utility Local Improvement District (ULID) 2002-1. WHEREAS, the City initiated forming a Utility Local Improvement District in 2002 that provides water service to sections ofthe W-650 pressure zone located in the vicinity of Werner Road and south and west ofNolwood Lane; and WHEREAS, the project is now complete and the City Council desires to set a hearing date for approval and confirmation of the final assessment; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A Public Hearing will be held on March 16,2005, at 5:30 p.m. or later at the Norm Dicks Government Center in the first floor meeting room, 345 Sixth Street, Bremerton, Washington, to take public comment or consider written objections to the confirmation of the assessments and assessment roll of Utility Local Improvement District No. 2002-1 for the construction of a 12" water distribution main. SECTION 2. All objections to the assessments and assessment roll must be submitted in writing to the City Clerk's office on or before the hearing date. SECTION 3. Severability. If anyone 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 4. 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 ,2005. DAREN NYGREN, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney P AULA JOHNSTON, City Clerk R:\LEGAL\Files\Current Active Files\W650 ULID\Resolution setting hearing for final assessment.doc 1 ULID 2002-1 Assessment Roll /1 REOLUTION SETTING A HEARING DATE TO CONFIRM ULID ASSESSMENT ROLLS COUNCIL SUMMARY This Resolution sets a hearing date of March 16,2005 for approval and confirmation of the assessments and assessment rolls for Utility Local Improvement District (ULID) 2002-1. This UUD is a portion ofa large project known as theW-650 Pressure Zone Improvements. The total project consisted of a large water reservoir, a water pump station and approximately 15,000 feet of water pipe. The ULID portion of this project is approximately 5,300 feet of 12-inch water distribution pipe. During the hearing Engineering staff will present all final and assessment costs to each property owner within the ULID. The estimated assessment cost prior to bid was $104 per front foot. At the close of construction the estimated assessment cost will be approximately $50 per front foot. These costs are substantially less because of a good bid and there was considerably less rock and blasting than anticipated. The property owners will have an opportunity to present objection to the assessments ofthe ULID. ab, Agenda Bills 2005, UUD 2002 Assessment Roll eJO ~~~ · l '-~ I===. = 0( . PROPOSED BOOSTER !,~c PUMP STATION r EXISTING RESERVOIR #8 , I ~ i .5 ~ ~ ~ - - .c::=::J :::::::::::--1. n C=:J p_ c::J- 0:: c::J~ ~ ' (f) c:::=J 6C3 rDISTRIBUTION ~:=J Fl: ~. TRANSMISSION MAIN MAIN r - -1i....:1I / ~ >~ ./ - :' J;~ ~ PROPOSED RESERVOIR #23 FUNDING SOURCES - EDA - ULlD - EMERGENCY SERVICE; READINESS CENTER - KITSAP COUNlY - CllY OF BREMERTON - . SINCLAIR = INLET WEST 650 PRESSURE ZONE IMPROVEMENTS ~.., i\ DATE SUBMITTED: February 1, 2005 BILL # - AGENDA BILL CITY OF BREMERTON ~+em 5 CITY COUNCIL ...............................8........................................................ SUBJECT: Ordinance # _ granting Committee Meeting Date: February 9, 2005 Cascade N aural Gas Corporation a COUNCIL MEETING Date: February 16, 2005 Franchise. Department: PW &U, Engineering Presenter: Michael Mecham Phone: 473-5288 SUMMARY: The Cascade Natrual Gas franchise recently expired. City staff coordinated with Cascade Natural Gas staff to draft a new franchise. The proposed Ordinance grants Cascade Natural Gas a ten year franchise. ATTACHMENTS: 1. Council Summary; 2. Ordinance # _ FISCAL IMP ACTS (Include Budgeted Amount): none APPROVALS: i' I DEPARTMENT DIRECTOR: /~i:,t;~,,~-_/ ~ CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: '" FISCAL/BUDGET: CONSENT AGENDA 0 OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to approve Ordinanace # granting Cascade Natural Gas Corporation a franchise with the City of Bremerton. COUNCIL ACTION: 0 Approve o Deny o Table o Continue o No Action ab, Agenda Bills 2005, CNG Franchise ;)~ .. Council Summary Cascade Natural Gas Franchise The Cascade Natural Gas Franchise recently expired. The last franchise was written in 1991. In addition there have been yearly extensions of the original agreement but no changes or updates. The City staff used the current Puget Sound Energy Franchise as a template to create a new franchise agreement. Meetings have been held with the Cascade Natural Gas staff to insure they concurred with the terms of this agreement. Some of the changes in this franchise are: 1. In section 4 it has language to protect new pavement for a period of five years after the new pavement is installed. 2. In section 12 the City is requesting copies of Geographic Information Systems (GIS) and records files. This will be helpful in our design and maintenance activities. Weare also asking that the City receive updates of these files each year. This new franchise agreement is proposed to be valid for a period of ten years. ab/Agenda Bills 20051CNG Franchise summary ~3 ORDINANCE NO. AN ORDINANCE granting Cascade Natural Gas Corporation, a Washington corporation, its successors and assigns, the right and privilege to use and occupy the public streets, avenues, lanes, alleys, easements and highways of the City of Bremerton, State of Washington, for the purpose of supplying, distributing and selling gas to the inhabitants of the City, and elsewhere; and the right and privilege of constructing and thereafter maintaining a gas works, mains, service pipes and other necessary equipment in said City for the distribution of gas for light, fuel, power and other purposes, and to charge and collect tolls, rates, and compensation for such energy and uses. THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. DEFINITIONS. 1.1 Where used in this Franchise (the "Franchise") the following terms shall mean: 1.1.1 "Cascade" means Cascade Natural Gas Corporation, a Washington corporation, and such successors and assigns as are approved by the City pursuant to this Franchise Ordinance. 1.1.2 "City" means the City of Bremerton, a municipal corporation ofthe State of Washington, and its respective successors and assigns. 1.1.3 "Franchise Area" means any, every and all of the roads, streets, avenues, alleys, highways, easements, and public rights-of-way, as now laid out, platted, dedicated or improved; and any, every and all roads, streets, avenues, alleys, highways, easements, and public rights of way that may hereafter be laid out, platted, dedicated or improved within the present limits ofthe City and as such limits may be hereafter extended. "Franchise area" does not, however, include any other public property owned in whole or in part, leased or otherwise occupied by the City. 1.1.4 "Facilities" means a system of mains, pipes, and the necessary attachments and appurtenances for the storage, conveyance, distribution and sale of gas, whether the same be located over or under ground. 1.1.5 "Ordinance" means this Ordinance which sets forth the terms and conditions of this Franchise. 1 Cascade Natural Gas Franchise f)-4 SECTION 2. FRANCHISE AND ORDINANCE NOT TO CONFLICT WITH TARIFFS. 2.1 This Franchise is subject to the provisions of any applicable tariff now or hereafter on file with the Washington Utilities and Transportation Commission or its successor, as construed by any court with jurisdiction on appeal or otherwise. In the event of any conflict or inconsistency between the provisions of this Franchise and such tariff, the provisions of such tariff shall control. 2.2 All notices of proposed applicable tariff adjustments, changes, alterations, and additions filed with the Washington Utilities and Transportation Commission by Cascade shall be mailed concurrently to the City of Bremerton, to the attention of the Director of Public Works and Utilities. SECTION 3. FACILITIES WITHIN FRANCHISE AREA. 3.1 Pursuant and subject to the City Charter, the City does hereby grant to Cascade the right, privilege, authority and Franchise to: 3.1.1 Set, lay, construct, support, attach, connect, maintain, repair, replace, enlarge, operate and use Facilities in, upon, over, under, along, across and through the Franchise Area for purposes of a system of mains, pipes, necessary attachments and appurtenances for the purpose of storage conveyance, distribution and sale of gas for light, fuel, power, heat and other purposes for which gas can be used 3.1.2 To charge and collect tolls, rates and compensation for such energy and such uses. 3.2 Existing facilities installed or maintained by Cascade on public grounds and places as of the effective date of this Franchise which are not within the Franchise Area as defined by this Franchise may be maintained, repaired and operated by Cascade for the term of this Franchise; provided, however, that no such Facilities may be enlarged, improved or expanded without prior review and written approval by the City pursuant to applicable ordinances, codes, resolutions, standards and procedures. 3.3 This Franchise does not allow Cascade or any third party the right to use the Franchise Area for any purpose other than the transmission, distribution and sale of gas, or to install any facilities in the Franchise Area other than the Facilities described herein. 3.4 Cascade shall comply with all applicable federal, state and local laws (including, but not limited to, the lawful exercise of the City's general police powers) in connection with the exercise of its rights under this Franchise. Notwithstanding the foregoing, this Franchise shall supersede, govern and control any ordinance, rule, plan, policy, resolution, regulation or other directive of the City to the extent any such ordinance, rule, plan, policy, resolution, regulation or other directive conflicts with, or is inconsistent with, the terms and conditions of this Franchise. 3.5 Cascade's Facilities shall be maintained within the Franchise Area so as not to 2 Cascade Natural Gas Franchise :2.5 unreasonably interfere with the use of the Franchise Area by the City and by the general public and in accordance with the laws of the State of Washington and the City of Bremerton. 3.6 Cascade shall obtain all necessary permits and approvals and shall comply with all applicable City ordinances, fees, codes, resolutions, standards and procedures, as now or hereafter amended, to the same extent as any other person or entity doing business within the City, except as otherwise provided by this Franchise. SECTION 4. RESTORATION OF FRANCHISE AREA. 4.1 When Cascade or any person acting on its behalf, does any work in or affecting the Franchise Area or does any work authorized by the City affecting other rights-of way or City property ("City Property") in conjunction with work in the Franchise Area, it shall, at its own expense, promptly remove any obstructions therefrom and restore, to the City's reasonable satisfaction, such Franchise Area or City Property to as good or better condition as existed before the work was undertaken, unless otherwise directed by the City. Recorded survey monuments which have been destroyed or disturbed shall be restored in accordance with applicable ordinances or laws. 4.2 If weather or other conditions do not permit the complete restoration required by this Section, Cascade shall temporarily restore the Franchise Area or City Property. Such temporary restoration shall be at Cascade's sole expense and Cascade shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. 4.3 Cascade or other persons acting in its behalf within the Franchise Area or City Property shall use suitable barricades, flags, flag persons, lights, flares, and other measures as required by applicable law for the safety of all pedestrians, motorists, or other members of the general public. 4.4 The City Director of Public Works and Utilities, or designee, shall be responsible for inspection and final approval of the condition of the Franchise Area or City Property following any construction and restoration activities therein, according to City engineering standards. 4.5 Except in the case of emergencies, as determined by the City, cutting of pavement shall be prohibited in a newly constructed, reconstructed or resurfaced street for a period of five (5) years from the paving of such street when Cascade was given reasonable prior notice of such construction, reconstruction, or resurfacing activity. Provided, however, the Director of Public Works and Utilities, or designee, may in his or her discretion permit pot-holing (subject to conditions to alleviate the harmful effects) where conduit is to be placed underground by means of directional boring and the person seeking permission has provided evidence satisfactory to the Director of Public Works and Utilities, or designee, that (a) such pot-holing is necessary to avoid interference with existing utilities; (b) such pot-holing is the only reasonable alternative available to locate existing utilities and (c) such pot-holing will result in little or no visual or other detrimental impact to the street. 3 Cascade Natural Gas Franchise ;)0 4.6 Any and all property in the Franchise Area that is disturbed or damaged during the construction, operation, repair or removal of any Cascade facility shall be promptly repaired by Cascade. The property must be restored to the satisfaction of the City and to a condition as good as or better than it existed before the disturbance or damage occurred. SECTION 5. RELOCATION OF FACILITIES. 5.1 Whenever the City causes a public right of way improvement to be undertaken within the Franchise Area, and such public right of way improvement requires the relocation of Cascade's then existing Facilities within the Franchise Area (for purposes other than those described in paragraph 5.2 below), the City shall: 5.1.1 Provide Cascade, within a reasonable time prior to the commencement of such public right of way improvement, written notice requesting such relocation; and 5.1.2 Provide Cascade with reasonable plans and specifications for such public right of way improvement. After receipt of such notice and such plans and specifications, Cascade shall relocate such Facilities within the Franchise Area at no charge to the City. If the City requires the subsequent relocation of any Facilities within five (5) years from the date of relocation of such Facilities pursuant to this Section 5.1, the City shall bear the entire cost of such subsequent relocation. As used in this Section 5, the term "public right of way improvement" is a City-funded or sponsored capital project or major maintenance project. 5.2 Whenever (i) any public or private development within the Franchise Area, other than a public right of way improvement, requires the relocation of Cascade's Facilities within the Franchise Area to accommodate such development; or (ii) the City requires the relocation of Cascade's Facilities within the Franchise Area for the benefit of any person or entity other than the City, then in such event, Cascade shall have the right as a condition of such relocation, to require such developer, person or entity to make payment to Cascade, at a time and upon terms acceptable to Cascade, for any and all costs and expenses incurred by Cascade in the relocation of Cascade's Facilities. 5.3 Any condition or requirement imposed by the City upon any third party (including, without limitation, any condition or requirement imposed pursuant to any contract or in conjunction with approvals or permits for zoning, land use, construction or development) which necessitates the relocation of Cascade's Facilities within the Franchise Area shall be a condition or requirement causing relocation of Cascade's Facilities to occur subject to the provisions of Subsection 5.2 above; provided, however: If the City reasonably determines, and notifies Cascade in writing of such determination, that the primary purpose of imposing such condition or requirement upon such person or entity is to cause, on the City's behalf, a public capital improvement within the Franchise Area, then relocation will be pursuant to section 5.1 above. 4 Cascade Natural Gas Franchise ;)7 5.4 Nothing in this Section 5 "Relocation of Facilities" shall require Cascade to bear any cost or expense in connection with the location or relocation of any Facilities then existing under benefit of easement or such other private property rights. SECTION 6. INDEMNIFICATION AND INSURANCE. 6.1 Indemnification 6.1.1 Cascade shall defend, indemnify, and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, demands, injuries, damages, losses or suits, including all legal costs and attorney fees, made against it on account of injury or damage to the person or property of another, to the extent such injury or damage results, or is alleged to result, from the negligent or intentional acts or omissions of Cascade, its officers, officials, employees, agents and volunteers, in connection with the exercise ofthe rights granted to Cascade in this Franchise, including, but not limited to, the construction, inspection, maintenance, or operation of Cascade Facilities, or the placement or location of its Facilities in the Franchise Area. In the event any such claim or demand is presented to or filed with the City, the City shall promptly notify Cascade thereof. The City shall have the right at all times to participate through its own attorney in any suit or action which arises out of any right, privilege or authority granted by or exercised pursuant to this Franchise when the City determines that such participation is required to protect the interests ofthe City or the public. The cost of such additional City participation shall be borne by the City. Cascade's obligation to indemnify the City shall not apply to any claim, demand, injury, loss or suit that is caused by or arises out of the sole negligence of the City, its officers, officials, employees, agents and volunteers. Upon indemnification and defense of the City, Cascade shall have the right, at its election and at its sole cost and expense, to settle and compromise such claim or demand, provided further, that in the event any suit or action be begun against the City based upon any such claim or demand, the City shall likewise promptly notify Cascade thereof, and Cascade shall have the right, at its election and sole cost and expense, to settle and compromise such suit or action, or defend the same at its sole cost and expense, by attorneys of its own election. 6.1.2 Inspection or acceptance by the City of any work performed pursuant to this Franchise in the Franchise Area by Cascade, its agents, servants, contractors, officers, or employees, during or at the time of completion of construction shall not be grounds for avoidance of any of these covenants of indemnification. Said indemnification obligations shall extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination of any litigation or the institution of any litigation. 6.1.3 In the event that Cascade refuses a tender of defense under subsection 6.1.1 above, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to have been a wrongful refusal on the part of the Cascade, then Cascade shall pay the City's reasonable attorneys' fees incurred in connection with the wrongful refusal of such tender (in addition to, and without limitation of, such other costs and expense as are determined by such court or tribunal as being within the scope of subsection 6.1.1). 5 Cascade Natural Gas Franchise 2~ 6.1.4 As to claims made pursuant to Section 6, such claims shall survive the expiration or termination of this Franchise. 6.1.5 The City shall not be liable to Cascade for any damage to or loss caused by the City of any Cascade Facilities within the Franchise Area or any facilities of any other entity authorized to be placed upon City property or within the public ways of the City as a result of or in connection with any public works, public improvements, construction, excavating, grading, filling, or other City work except to the extent such loss is attributable to intentional, or malicious, acts or omissions of the City. 6.2 Insurance 6.2.1 Cascade shall maintain for the duration of this Franchise, insurance or self insurance against claims for injuries to persons or damage to property that may arise from or in connection with the exercise of Franchise rights by Cascade, its agents, representatives, employees, contractors or volunteers. Cascade shall provide and keep current a certificate of insurance evidencing commercial general liability insurance with limits no less than $2,000,000 combined single limit and $4,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include blanket contractual, products/completed operations, broad form property damage, and explosion, collapse and underground (XCU). The City, its officials, employees, agents and volunteers, shall be named as an additional insured, as respects work performed by or on behalf of Cascade, and a copy of the endorsement naming the City as additional insured shall be attached to the certificate of insurance. Cascade's insurance shall be primary insurance as respects the City, and the City shall be given 30 calendar days prior written notice of any cancellation, suspension or material change in coverage. SECTION 7. REVOCATION OF FRANCHISE. 7.1 This Franchise may be revoked and all rights therein forfeited by the City if Cascade shall fail to comply with the terms and conditions of this Franchise. Without limiting the generality of the foregoing, the City may initiate a proceeding to revoke this Franchise if it believes that anyone or more of the following actions by Cascade constitute a breach of this Franchise: 7.1.1 Construction or operation of Facilities in the Franchise Area without a Franchise, in a manner that is inconsistent with this Franchise; 7.1.2 Construction or operation of Facilities in the Franchise Area at an unauthorized location within the Franchise Area so as to be inconsistent with this Franchise; 7.1.3 Unauthorized assignment of this Franchise by Cascade, in a manner that is inconsistent with this Franchise; 7.1.4 Material misrepresentation of fact by or on behalf of Cascade upon which the City relies in making a decision to grant, review or amend this Franchise; 6 Cascade Natural Gas Franchise ;2CJ 7.1.5 Abandonment of Facilities in the Franchise Area, in a manner that is inconsistent with this Franchise; 7.1.6 Failure to relocate Facilities in accordance with this Franchise; or 7.1.7 Violation of any other material provision of this Franchise. 7.2 In the event that the City believes that grounds exist for revocation of the Franchise, Cascade shall be given written notice of the apparent violation or noncompliance, providing a short and concise statement of the nature and general facts of the violation or noncompliance, and providing Cascade a reasonable period oftime not exceeding thirty (30) days to furnish evidence: 7.2.1 That corrective action has been, or is being actively and expeditiously pursued, to remedy the violation or noncompliance; or 7.2.2 That rebuts the alleged violation or noncompliance; 7.3 In the event that Cascade fails to provide evidence reasonably satisfactory to the City as provided in Subsection 7.2 above, the City shall refer the apparent violation or non- compliance to the City Council. The City Council shall provide Cascade with notice and a reasonable opportunity to be heard concerning the matter. 7.4 If the City Council determines that Cascade willfully violated or failed to comply with the terms and conditions of this Franchise through willful misconduct or gross negligence or failed to heed or comply with any notice given Cascade by the City under the provisions ofthis Franchise, then upon order of the City Council, this Franchise may be revoked and all rights therein forfeited. 7.5 The foregoing provisions of subsections 7.1 through 7.4 (pertaining to certain remedies afforded the City in the event of a breach of this Franchise by Cascade) are in addition to, and not a limitation of, any and all right and remedies afforded a party in the event of a default by the other party. Without limiting the generality of the foregoing, if a party shall be in default of its obligations under this Franchise, the other party may secure an order of specific enforcement of the defaulting party's obligations under this Franchise from the Superior Court. SECTION 8. NONEXCLUSIVE FRANCHISE. 8.1 This Franchise is not and shall not be deemed to be an exclusive Franchise. This Franchise shall not in any manner prohibit the City from granting other and further Franchises over, upon, and along the Franchise Area which do not interfere with Cascade's rights under this Franchise. This Franchise shall not prohibit or prevent the City from using the Franchise Area or affect the jurisdiction of the City over the same or any part thereof. 7 Cascade Natural Gas Franchise 30 SECTION 9. FRANCHISE TERM. 9.1 Franchise This Franchise is and shall remain in full force and effect for a period of ten (10) years from and after the effective date ofthe Ordinance, provided, however, Cascade shall have no rights under this Franchise nor shall Cascade be bound by the terms and conditions of this Franchise unless Cascade shall, within sixty (60) days after the effective date ofthe Ordinance, file with the City its written acceptance of the Ordinance. SECTION 10. ASSIGNMENT. 10.1 This Franchise may not, directly or indirectly, be transferred, assigned or disposed of in any manner by Cascade except as provided by RCW 80.12.020 (collectively, "Assignment") 10.2 Without limiting the generality of the foregoing and to the extent consistent with applicable law, an assignment, in whole or in part, shall be subject to the City's prior written consent, which shall not be unreasonably withheld. Notwithstanding the foregoing, the City hereby consents to Cascade's mortgage of this Franchise to the trustee for its bondholders. SECTION 11. HERBICIDES. 11.1 Cascade shall not apply any herbicide within the Franchise Area without providing the Director of the City Department of Public Works and Utilities fourteen (14) days prior written notice of such application, unless the parties agree to a different term, or the City gives a blanket approval as part of a periodic program of spraying. Cascade shall post the relevant portion of the Franchise Area at least 8 days prior to any spraying with notice of intended spraying. Nothing herein is intended or shall be construed to relieve Cascade of any and all other requirements of applicable law relating to the application of herbicides. SECTION 12. RECORDS OF INSTALLATION. 12.1. Cascade shall provide the city with records of all Cascade facilities within the Franchise area in a standard geographic information system (GIS) format. All updates ofthe GIS shall be submitted to the City Public Works and Utilities Department by the first day of March each year. 12.2 Cascade shall provide the City, upon the City's reasonable request, copies of available as-built drawings in use by Cascade showing the location of its Facilities within the Franchise Area. As to any such drawings so provided, Cascade does not warrant the accuracy thereof and, to the extent the location of Facilities are shown, such Facilities are shown in their approximate location. With respect to any excavations within the Franchise Area undertaken by or on behalf of Cascade or the City, nothing herein is intended (nor shall be construed) to relieve either party of their respective obligations arising under applicable law with respect to determining the location of utility facilities. 8 Cascade Natural Gas Franchise 31 SECTION 16. FRANCHISE FEE. 16.1 The parties understand that the restrictions of RCW 35.21.860 forbid the imposition of a Franchise fee. If at any time the restrictions of this statute should be removed or modified, the City may seek to amend this Franchise in accordance with Subsection 22.2 below. SECTION 17. CHARGE FOR ADMINISTRATIVE COSTS. 17.1 As provided in RCW 35.21.860, the City may recover from Cascade actual administrative expenses incurred by the City that are directly related to: (i) receiving and approving a permit, license or this Franchise, (ii) inspecting plans and construction, or (iii) preparing a detailed statement pursuant to Chapter 43.21C RCW. SECTION 18. RIGHTS GRANTED. 18.1 No authorization granted under this Ordinance shall convey any right, title or interest in the public ways, but shall be deemed an authorization only to use and occupy the public ways in accordance with RCW 80.32.010. Further, this Ordinance shall not be construed as any warranty oftitle. SECTION 19. REPAIR AND EMERGENCY WORK. 19.1 In the event of an unexpected repair or emergency within the Franchise Area for which a permit has not been obtained in accordance with Bremerton Municipal Code (BMC) as now or hereafter amended and which such work is not otherwise within the scope of the exemption authorized by the BMC, Cascade may commence such repair and emergency response work as required under the circumstances, provided Cascade shall notify the City as promptly as possible, before such repair or emergency work commences or as soon thereafter as possible if advance notice is not practicable. The provisions of this section does not relieve Cascade from the requirement to obtain permits and approvals from the City and all other agencies with jurisdiction. SECTION 20. MAINTENANCE OF FACILITIES. 20.1 Cascade shall maintain its Facilities within the Franchise Area in a manner that complies with all applicable federal, state and local requirements. Additionally, Cascade shall provide reasonable maintenance of Cascade Facilities, to prevent deterioration of equipment and service and provide prompt customer response to both the City and the public with respect to deficiencies or failure of Facilities in providing such service. SECTION 21. MISCELLANEOUS. 21.1 If any term, provision, condition or portion of this Franchise shall be held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Franchise which shall continue in full force and effect. The headings of sections and paragraphs of this 9 Cascade Natural Gas Franchise 3d-- Franchise are for convenience of reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections or paragraphs. 21.2 Except as provided in this paragraph 22.2, this Franchise may be amended only by written instrument, signed by both parties, which specifically states that it is an amendment to this Franchise and is approved and executed in accordance with the laws of the State of Washington. Without limiting the generality ofthe foregoing, this Franchise (including, without limitation, Section 6.1 above) shall govern and supersede and shall not be changed, modified, deleted, added to, supplemented or otherwise amended by any permit, approval, license, agreement or other document required by or obtained from the City in conjunction with the exercise (or failure to exercise) by Cascade of any and all rights, benefits, privileges, obligations or duties in and under this Franchise, unless such permit, approval, license, agreement or other document specifically: 21.2.1 references this Franchise; and 21.2.2 states that it supersedes this Franchise to the extent it contains terms and conditions which change, modify, delete, add to, supplement or otherwise amend the terms and conditions of this Franchise. In the event of any conflict or inconsistency between the provisions of this Franchise and the provisions of any such permit, approval, license, agreement or other document, the provisions of this Franchise shall control. SECTION 22. PRIOR FRANCHISE SUPERCEDED. 23.1 This Franchise shall supercede all prior Franchises granted to Cascade or its predecessors by the City. SECTION 23. SEVERABILITY. 24.1 If anyone or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 24. EFFECTIVE DATE. 25.1 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 ,2005 DAREN NYGREN, Council President 10 Cascade Natural Gas Franchise 33 Approved this day of ,2005 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: P AULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of ,2005 EFFECTIVE the day of ,2005 ORDINANCE NO. 11 31 Cascade Natural Gas Franchise CITY COUNCIL CITY OF BREMERTON, WASHINGTON In the matter of the application of Cascade Natural Gas Corporation, : Franchise Ordinance No. - a Washington corporation, for a Franchise to construct, operate and maintain facilities in, upon, over under, along, across and through the Franchise area of the ACCEPTANCE City of Bremerton, Washington WHEREAS, the City Council of the City of Bremerton, Washington, has granted a Franchise to Cascade Natural Gas Corporation, a Washington corporation, its successors and assigns, by enacting Ordinance No. _, bearing the date of ,2005; and WHEREAS, a copy of said Ordinance granting said Franchise was received by the Cascade Natural Gas Corporation on ,2005, from said City of Bremerton, Kitsap County, Washington. NOW, THEREFORE, Cascade Natural Gas Corporation, a Washington corporation, for itself, its successors and assigns, hereby accepts said Ordinance and all the terms and conditions thereof, and files this, its written acceptance, with the City of Bremerton, Kitsap County, Washington. IN TESTIMONY WHEREOF said Cascade Natural Gas Corporation has caused this written Acceptance to be executed in its name by its undersigned thereunto duly authorized on this _ day of ,2005. ATTEST: Cascade NATURAL GAS CORPORATION By: Its: Copy received for City of Bremerton on ,2005 By: Paula Johnston, City Clerk R:\LEGAL\Ordinances\Public Works & Utilities\cascade gas franchise.DOC 12 35 Cascade Natural Gas Franchise DATE SUBMITTED: 2-2-05 BILL # AGENDA BILL CITY OF BREMERTON ~-ttm iJ CITY COUNCIL ..........................................................................................., SUBJECT: Budget Adjustment Request for Committee Meeting Date: 2-9-05 Completion of Pedestrian Door in the COUNCIL MEETING Date: 2-16-05 4th/Wash Parking Garage on 5th Street Department: Financial Service Presenter: Paula Johnston Phone: 473-5323 SUMMARY: On December 22,2004 City Council approved additional 2004 expenditures of $17,500 for the design and installation of a pedestrian door accessing 5th Street from the fourth floor of the 4th/Washington Parking Garage. Our Facilities staffwas able to complete the design of the door at a cost of$6,920 during the month of December. Due to the late commencement of this project in 2004, we were unable to complete the door using all of the 2004 approved funds. Therefore, staff is requesting that City Council approve additional capital expenditures of$10,580 for 2005 for the Parking System Fund. The source of funds would be the additional Ending Balance of the Parking System Fund that resulted from the unexpended 2004 funds. ATTACHMENTS: Memo FISCAL IMPACTS (Include Budgeted Amount): Funding for the $10,580 capital expenditure will come from the 2004 Ending Balance of the Parking System Fund 105. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: CONSENT AGENDA 0 OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to approve additional capital expenditures of $10,580 for 2005 for the Parking System Fund 105. COUNCIL ACTION: 0 Approve o Deny o Table o Continue o No Action 30 m '-";''-''--'-,:i-,'-.'':'''_; , --'.::',;'-'.:; Paula Johnston, City Clerk pjohnston@ci.bremerton.wa.us Financial Services Te/360-47a.:5323 Fax 360-473-5200 345 Sixth Street, Suite 600 Bremerton, WA 98337 Date: February 2,2005 To: City Council Members ~ From: Paula Johnston, City Clerk ( . . Re: Funding for the Pedestrian Door on the 51h St side of 41hNVash Parking Garage On December 22, 2004, as part of the FY2004 Budget Amending Ordinance #4925, City Council approved additional 2004 expenditures of $17,500 for the design and installation of a pedestrian door accessing 5th Street from the fourth floor of the 4th/Washington Parking Garage. The majority of the employees in the Norm Dicks Government Center park in this garage. Installing a pedestrian door at the top of the hill on 5th Street makes access far more convenient for those headed to the Government Center. Our Facilities staff was able to complete the design of the door using Art Anderson & Associates at a cost of $6,920 during the month of December. Due to the late commencement of this project in 2004, we were unable to complete the door using all of the 2004 approved funds. Therefore, staff is requesting that City Council approve additional capital expenditures of $10,580 for 2005 for the Parking System Fund. The source of funds would be the additional Ending Balance of the Parking System Fund that resulted from the unexpended 2004 funds. The remaining $10,580 will be spent on materials and labor. The Facilities Division of Public Works & Utilities will be installing the door and finishing the landing area and lighting. 37 DATE SUBMITTED: February 2, 2005 BILL # AGENDA BILL CITY OF BREMERTON ~-fem 7 CITY COUNCIL ............................................................................................ SUBJECT: 2005 KPS Contracts Approval Committee Meeting Date: 2-9-05 COUNCIL MEETING Date: 2-16-05 Department: Human Resources Presenter: Carol Conley Phone: 473-5347 SUMMARY: Approval and authorization of formal execution ofthe 2005 contracts between the City and Kitsap Physicians Service (KPS) for employee group health insurance coverage. The new contracts, which were negotiated on our behalf by our benefits consultants, Willis of Seattle, reflect a 25.4% rate increase above 2004 levels. A TT ACHMENTS: KPS 2005 Premium Rates & Underwriting Criteria; Contracts: Plan A (LEOFF I Active, LEOFF II Active) and Plan A (LEOFF I Retirees under 65); Plan B (Management & Professional employees/dependents, Teamsters employees/dependents and Fire fighter dependents). FISCAL IMPACTS (Include Budgeted Amount): $2,300,000 for active employees; $900,000 for LEOFF I retirees APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: CONSENT AGENDA D OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED Move to approve KPS 2005 Premium Rates and Underwriting Criteria and Contracts: Plan A (LEOFF I Active, LEOFF II Active) and Plan A (LEOFF I Retirees under 65) and Plan B (Management & Professional employees/dependents, Teamsters employees/dependents and Fire fighter dependents) and authorize the Mayor to execute the same in substantially the same form as presented. COUNCIL ACTION: D Approve o Deny o Table o Continue o No Action ~0 KPS health plans February 2,2005 Carol Conley City of Bremerton 346 6th Street, Suite 600 Bremerton, Washington 98337 Dear Carol: Enclosed are the endorsements that provide the changes effective January 1, 2005 to Attachment A (Benefits Booklet) of the following plans: City of Bremerton - Plan A City of Bremerton - Plan B City of Bremerton - Under 65 LEOFF I Retirees Please review the endorsements carefully and keep them with your 2004 contracts as no other document will be sent to you. Also, please have the signature pages signed and return it to me in the envelope provided. As always, please feel free to contact me at 360-415-6513 or toll free 800-628-3753 with questions or concerns. Sincerely, , ~~c~~ Joyce McCarthy for ~ Julie Hinthome Account Manager KPS Health Plans Enclosures 3~ P.o. Box 339.400 '{;JarrBr1 Ave., Brernertol1, Washi!1!Jton 98331-QD39 . (360) 37/-5576 www.kpshealthplans.com KPS Health Plans, In Rehabilitation 400 Warren Avenue P.O. Box 339 Bremerton, W A 98337-0039 CONTRACT ENDORSEMENT This Endorsement applies to the Group Contract for City of Bremerton - Plan A. 1. Please revise the following language on page 5 of your Group Contract as shown below: Court-Ordered Coverage Employees who declined initial enrollment in this Group Plan in writing, may subsequently apply for coverage for themselves and their Eligible Dependents in the event they are required to provide health care coverage for an Eligible Dependent Child as a result of a court order. Application for enrollment mUE:t be receivod is requested within thirty-one (31) days following the date of the court order. CoveraQe will be effective the date as of the court order. or ".':lit until the noxt Open Enrollment Poriod. 2. Please revise the following language in the Coverage Waiting Periods section, page 5 of your Group Contract: A. Waiting Periods (This section does not apply to LEOFF I Employees) Pre-Existing Conditions You must be enrolled in this Group Plan for a period of three (3) consecutive months before KPS will provide benefits for a pre-existing condition. A pre-existing condition is any condition for which you received medical advice during the three (3) month period immediately preceding enrollment in this Group Plan, or for which your Provider recommended or provided treatment. Genetic information shall not be treated as a pre- existing condition unless there has been a diagnosis of the condition related to the specific genetic information. This waiting period may be reduced, however, by the number of months of Creditable Coverage you have accrued under other health care programs prior to your enrollment in this Group Plan. "Creditable Coverage" means periods of other health coverage an Enrollee may use to reduce pre-existing waiting periods. These include group health coverage; Medicare; Medicaid; military health coverage; Indian Health Service or tribal coverage; state high risk pool; federal or public health plans; Peace Corps Plan; other health insurance coverage. You will receive credit for prior Creditable Coverage if it occurrod anytime during tR& was continuous and terminated no more than three (3) month2 peAOO immediately precedinQ enrollment in this Group Plan. and thoro was no break in the prior cO'lor3ge. No credit will be given if there was more than a three (3) month break in coverage between your prior plan and vour effective date of enrollment in this Group Plan. Any employer imposed probationary period will not be considered a break in coverage or Creditable Coverage. CITY AGC-END-2005 10 3. Please revise the following language in the Continuation of Covera~e section, page 9 of your Group Contract: COBRA (Consolidated Omnibus Budget Reconciliation Act. 1985) If you lose eligibility for coverage under this Group Plan (except in the case of a labor dispute), you may be eligible to continue your coverage for a period of time specified by federal law and regulations then in effect. This continuation of coverage is referred to as COBRA and applies generally to groups of twenty (20) or more employees. Continuation of coverage under COBRA is not automatic. You must apply for continuation of your Group coverage within sixty (60) days of the effectivo d3te of termimtion of cover3ge undor this Group Pl3n date your Group provides you a COBRA election notice. 4. Please delete the entire paragraph entitled "False and Misleading Information language in the General Terms and Conditions section, page 19 of you Group Contract and replace with the following: Misrepresentation, False or Fraudulent Information If the Group provides statements or other information on the Group Master Application form, or any other form required by KPS, that constitutes intentional misrepresentation or fraudulent misstatement of material fact, KPS may elect to immediately terminate this Contract. Signature by a qualified Group representative shall constitute acceptance of the terms and conditions set forth herein. FOR KPS: FOR GROUP: ~~.~ Elizabeth A. Gilje, President Signature January 27,2005 Date Print Name Title Date 4/ KPS Health Plans, In Rehabilitation 400 Warren Avenue P.O. Box 339 Bremerton, WA 98337-0039 BENEFITS BOOKLET ENDORSEMENT This Endorsement applies to the Benefits Booklet for the City of Bremerton - Plan A. 1. Please revise the following language in the Eliaibilitv and Enrollment section on page 1 of your Benefits Booklet: Court-Ordered Coverage If you declined coverage, in writing, when you were initially eligible to enroll in this Group Plan, you may subsequently apply for coverage in the event you are required to provide health care coverage for an Eligible Dependent Child as a result of a court order. Application for enrollment must bo received is requested within thirty-one (31) days following the date of the court order. Coveraqe will be effective the date of the court order. , or you must 'N3i! until the next Open Enrollment Poriod. 2. Please revise the following language in the How the Group Plan Works section, pages 4 & 5 of your Benefits Booklet: A. Waiting Periods (This section does not apply to LEOFF I Employees) Pre-Existing Conditions You must be enrolled in this Group Plan for a period of three (3) consecutive months before KPS will provide benefits for a pre-existing condition. A pre-existing condition is any condition for which you received medical advice during the three (3) month period immediately preceding enrollment in this Group Plan, or for which your Provider recommended or provided treatment. Genetic information shall not be treated as a pre- existing condition unless there has been a diagnosis of the condition related to the specific genetic information. This waiting period may be reduced, however, by the number of months of Creditable Coverage you have accrued under other health care programs prior to your enrollment in this Group Plan. "Creditable Coverage" means periods of other health coverage an Enrollee may use to reduce pre-existing waiting periods. These include group health coverage; Medicare; Medicaid; military health coverage; Indian Health Service or tribal coverage; state high risk pool; federal or public health plans; Peace Corps Plan; other health insurance coverage. You will receive credit for prior Creditable Coverage if it occurred :::mytime dyring the was continuous and terminated no more than three (3) month2, ~ immediately precedinq enrollment in this Group Plan. ::md there W3S no break in the prior cover3ge. No credit will be given if there was more than a three (3) month break in coverage between your prior plan and your effective date of enrollment in this Group Plan. Any employer imposed probationary period will not be considered a break in coverage or Creditable Coverage. CITY A-END-2005 ~ B. Choosing a Provider or Hospital Participating Providers include those Providers who contract directly with KPS as well as Providers in the First Choice Health Network (FCHN), Providence Preferred Provider Organization and MultiPlan Network. The following list provides general locations and networks of Participating Providers. However, exceptions may exist. for example, both KPS and FCHN contract with providers in Grays Harbor and Thurston counties. For a current listing of Providers in your area, please call KPS at 1-800-552-7114, or visit our website at www.kpshealthplans.com: C. Add the following language at the end of the "Choosing a Provider or Hospital" section. What happens if my Provider no longer participates with KPS? If your Participating Provider chooses to terminate their agreement with KPS, we will notify you of the termination. The notification will allow at least sixty (60) days to either (i) complete your course of treatment, or (ii) appropriately transfer your care to another Participating Provider. After the sixty (60) days, services received from a provider who has terminated their agreement with KPS will be covered at the Non-participating Provider benefit level. 3. Please add the following language to the Your Out-of. Pocket Costs section on page 8: Lifetime Maximum and Reinstatement of Benefits The lifetime maximum is the total amount of benefits payable on behalf of each Enrollee during the individual's lifetime under this Group Plan and any prior plans with KPS. However, each year, at renewal, the reinstatement amount will be restored toward the lifetime maximum. This reinstatement does not apply to benefits with a separate lifetime maximum such as organ transplants and sleep disorders. Lifetime Maximum Benefit $1,000,000 per Enrollee Annual Reinstatement of Benefits Up to $5,000 per Enrollee per Calendar Year 4. Please revise the following benefit language in the Benefits Summary on page 11 of your Benefits Booklet: KPS provides the following Medically Necessary benefits and services, at the indicated reimbursement percentage. Benefits paid at 100% are not subject to the annual Deductible. , ......J .... ........ . ."-'..< :-~~= c , ~. ..... . _ ___ ._._ _ __, '_ - . ". '. . _, . _ ' ,-__ - . ,- ., '.~. Chemical Dependency $11,811 $12.500 maximum per 24 month period Inpatient care 100% 100% Outpatient care 100% 100% Colonoscopy and Si~moidoscopy - not subject to the See Professional & Hospital Services preventive care maximum or limit Sections 4-3 5. Please revise the following benefit language in the Description of Covered Benefits and Services section, pages 18, 26 & 27 of your Benefits Booklet: A. Add the following new language before the Home Health and Hospice Benefit: Colonoscopy and Siamoidoscopy Services Coveraqe under this benefit includes screeninq and/or diaqnostic colonoscopy and siqmoidoscopy services when such services are recommended by a physician. advanced reqistered nurse practitioner (ARNP) or licensed phvsician's assistant (PA). This benefit is not subiect to the preventive care limit. B. Phenylketonuria (PKU) Formulas Special dietary formulas designed for use by 3 Child yoU and/or your Eliqible Dependents who J:las-have been diagnosed with phenylketonuria are covered under this benefit. C. Pharmacy Benefits Coverage Coverage under this benefit includes: ~ Prescription drugs ~ Insulin and diabetic supplies ~ Self-administered drugs, including self-administered chemotherapy drugs ~ Pre-authorized off-label use of prescription drugs ~ Contraceptives ~ Pre-natal vitamins (for you, as the Subscriber, or your enrolled Spouse only during the term of pregnancy) All drugs and supplies must be Medically Necessary for the condition, and must be prescribed by a Provider with prescriptive authority. Except in the case of a Medical Emergency, all prescriptions must be filled at a network pharmacy. We will also cover druqs dispensed at a hospital-based emerqency room. 6. Please revise the following exclusions in the Exclusions and Limitations section, pages 30 and 31 of your Benefits Booklet 17. Hearing aids. hearinq devices such as cochlear implants, and hearing exams. 29. Services for any occupational illness or injury arising out of, or in the course of, an activity pertaining to any trade, business, employment (including self-employment) or occupation for wage or profit. whether or not a proper and timely claim was filed for such benefits under another plan or policy. Except LEOFF I Employees. 41 7. Please revise the following language in the Continuation of Coverage section, page 32 of your Benefits Booklet: COBRA (Consolidated Omnibus Budget Reconciliation Act -1985) If you lose eligibility for coverage under this Group Plan (except in the case of a labor dispute), you may be eligible to continue your coverage for a period of time specified by federal law and regulations then in effect. This continuation of coverage is referred to as COBRA and applies generally to groups of twenty (20) or more employees. Continuation of coverage under COBRA is not automatic. You must apply for continuation of your Group coverage within sixty (60) days of the effecti'.'e d::lte of termin3tion of cover3ge under this Group PI3n date your Group provides you a COBRA election notice. ENDORSEMENT No.: City of Bremerton EFFECTIVE DATE: January 1, 2005 ~~'hJj- TITLE: ELIZABETH A. GILJE, PRESIDENT By: 45 KPS Health Plans, In Rehabilitation 400 Warren Avenue P.O. Box 339 Bremerton, WA 98337-0039 CONTRACT ENDORSEMENT This Endorsement applies to the Group Contract for City of Bremerton - Plan B. 1. Please revise the following language on page 5 of your Group Contract as shown below: Court-Ordered Coverage Employees who declined initial enrollment in this Group Plan in writing, may subsequently apply for coverage for themselves and their Eligible Dependents in the event they are required to provide health care coverage for an Eligible Dependent Child as a result of a court order. Application for enrollment must bo recoived is requested within thirty-one (31) days following the date of the court order. CoveraQe will be effective the date as of the court order. or w3it until tho next Open Enrollmont Poriod. 2. Please revise the following language in the Coveraae Waitina Periods section, page 5 of your Group Contract: A. Waiting Periods (This section does not apply to LEOFF I Employees) Pre-Existing Conditions You must be enrolled in this Group Plan for a period of three (3) consecutive months before KPS will provide benefits for a pre-existing condition. A pre-existing condition is any condition for which you received medical advice during the three (3) month period immediately preceding enrollment in this Group Plan, or for which your Provider recommended or provided treatment. Genetic information shall not be treated as a pre- existing condition unless there has been a diagnosis of the condition related to the specific genetic information. This waiting period may be reduced, however, by the number of months of Creditable Coverage you have accrued under other health care programs prior to your enrollment in this Group Plan. "Creditable Coverage" means periods of other health coverage an Enrollee may use to reduce pre-existing waiting periods. These include group health coverage; Medicare; Medicaid; military health coverage; Indian Health Service or tribal coverage; state high risk pool; federal or public health plans; Peace Corps Plan; other health insurance coverage. You will receive credit for prior Creditable Coverage if it occurrod 3nytime during #Ie was continuous and terminated no more than three (3) month~ pefieG immediately precedinQ enrollment in this Group Plan. 3nd thero was no broak in the prior cover3ge. No credit will be given if there was more than a three (3) month break in coverage between your prior plan and your effective date of enrollment in this Group Plan. Any employer imposed probationary period will not be considered a break in coverage or Creditable Coverage. CITYBGC-END-2005 1-b 3. Please revise the following language in the Continuation of Covera~e section, page 9 of your Group Contract: COBRA (Consolidated Omnibus Budget Reconciliation Act. 1985) If you lose eligibility for coverage under this Group Plan (except in the case of a labor dispute), you may be eligible to continue your coverage for a period of time specified by federal law and regulations then in effect. This continuation of coverage is referred to as COBRA and applies generally to groups of twenty (20) or more employees. Continuation of coverage under COBRA is not automatic. You must apply for continuation of your Group coverage within sixty (60) days of the effective d3te of tormin3tion of cover::lge undor this Group Pl3n date your Group provides you a COBRA election notice. 4. Please delete the entire paragraph entitled "False and Misleading Information language in the General Terms and Conditions section, page 19 of you Group Contract and replace with the following: Misrepresentation, False or Fraudulent Information If the Group provides statements or other information on the Group Master Application form, or any other form required by KPS, that constitutes intentional misrepresentation or fraudulent misstatement of material fact, KPS may elect to immediately terminate this Contract. Signature by a qualified Group representative shall constitute acceptance of the terms and conditions set forth herein. FOR KPS: FOR GROUP: ~~.~ Elizabeth A. Gilje, President Signature January 27, 2005 Date Print Name Title Date L{7 KPS Health Plans, In Rehabilitation 400 Warren Avenue P.O. Box 339 Bremerton, W A 98337-0039 BENEFITS BOOKLET ENDORSEMENT This Endorsement applies to the Benefits Booklet for the City of Bremerton - Plan B. 1. Please revise the following language in the Eligibilitv and Enrollment section on page 1 of your Benefits Booklet: Court-Ordered Coverage If you declined coverage, in writing, when you were initially eligible to enroll in this Group Plan, you may subsequently apply for coverage in the event you are required to provide health care coverage for an Eligible Dependent Child as a result of a court order. Application for enrollment mUEt bo received is requested within thirty-one (31) days following the date of the court order. Coveraqe will be effective the date of the court order. , or you must .....ait until tho noxt Open Enrollment Poriod. 2. Please revise the following language in the How the Group Plan Works section, pages 4 & 5 of your Benefits Booklet: A. Waiting Periods Pre-Existing Conditions You must be enrolled in this Group Plan for a period of three (3) consecutive months before KPS will provide benefits for a pre-existing condition. A pre-existing condition is any condition for which you received medical advice during the three (3) month period immediately preceding enrollment in this Group Plan, or for which your Provider recommended or provided treatment. Genetic information shall not be treated as a pre- existing condition unless there has been a diagnosis of the condition related to the specific genetic information. This waiting period may be reduced, however, by the number of months of Creditable Coverage you have accrued under other health care programs prior to your enrollment in this Group Plan. "Creditable Coverage" means periods of other health coverage an Enrollee may use to reduce pre-existing waiting periods. These include group health coverage; Medicare; Medicaid; military health coverage; Indian Health Service or tribal coverage; state high risk pool; federal or public health plans; Peace Corps Plan; other health insurance coverage. You will receive credit for prior Creditable Coverage if it occurred anytime during #Ie was continuous and terminated no more than three (3) month2, ~ immediatelv orecedinq enrollment in this Group Plan. and there W3S no bro3k in the prior covorage. No credit will be given if there was more than a three (3) month break in coverage between your prior plan and your effective date of enrollment in this Group Plan. Any employer imposed probationary period will not be considered a break in coverage or Creditable Coverage. CITYB-END-2005 Lf~ B. Choosing a Provider or Hospital Participating Providers include those Providers who contract directly with KPS as well as Providers in the First Choice Health Network (FCHN), Providence Preferred Provider Organization and MultiPlan Network. The following list provides general locations and networks of Participating Providers. However, exceptions may exist. for example, both KPS and FCHN contract with providers in Grays Harbor and Thurston counties. For a current listing of Providers in your area, please call KPS at 1-800-552-7114, or visit our website at www.kpshealthplans.com: C. Add the following language at the end of the "Choosing a Provider or Hospital" section. What happens if my Provider no longer participates with KPS? If your Participating Provider chooses to terminate their agreement with KPS, we will notify you of the termination. The notification will allow at least sixty (60) days to either (i) complete your course of treatment, or (ii) appropriately transfer your care to another Participating Provider. After the sixty (60) days, services received from a provider who has terminated their agreement with KPS will be covered at the Non-participating Provider benefit level. 3. Please add the following language to the Your Out-of-Pocket Costs section on page 8: Lifetime Maximum and Reinstatement of Benefits The lifetime maximum is the total amount of benefits payable on behalf of each Enrollee during the individual's lifetime under this Group Plan and any prior plans with KPS. However, each year, at renewal, the reinstatement amount will be restored toward the lifetime maximum. This reinstatement does not apply to benefits with a separate lifetime maximum such as organ transplants and sleep disorders. Lifetime Maximum Benefit $1,000,000 per Enrollee Annual Reinstatement of Benefits Up to $5,000 per Enrollee per Calendar Year 4. Please revise the following benefit language in the Benefits Summary on page 11 of your Benefits Booklet: KPS provides the following Medically Necessary benefits and services, at the indicated reimbursement percentage. Benefits paid at 100% are not subject to the annual Deductible. ,.-........-- ,- ..-- .- .-,. . '. . :'" .... . ... . . It. . - . - -. - - . ,. _ _ _, .:, _ _'" _. _,', . ,c.,--... _ " .. '._ ,_0 _, r, ,;_' '_ _ :'"'' _ .....".., Chemical Dependency . $11,g41 $12.500 maximum per 24 month period I at. t 80% to Stoploss; 80% to Stoploss; np len care 100% thereafter 100% thereafter Outpatient care 80% to Stoploss; 80% to Stoploss; 100% thereafter 100% thereafter Colonoscopy and SiQmoidoscopv - not subject to the See Professional & Hospital Services preventive care maximum or limit Sections tfcr 5. Please revise the following benefit language in the Description of Covered Benefits and Services section, pages 18, 26 & 27 of your Benefits Booklet: A. Add the following new language before the Home Health and Hospice Benefit: Colonoscopy and Siamoidoscopy Services Coveraqe under this benefit includes screeninq and/or diaqnostic colonoscopy and siqmoidoscopy services when such services are recommended by a physician, advanced reqistered nurse practitioner (ARNP) or licensed physician's assistant (PA). This benefit is not subiect to the preventive care limit. B. Phenylketonuria (PKU) Formulas Special dietary formulas designed for use by 3 Child YOU and/or your Eliqible Dependents who Aas-have been diagnosed with phenylketonuria are covered under this benefit. C. Pharmacy Benefits Coverage Coverage under this benefit includes: ~ Prescription drugs ~ Insulin and diabetic supplies ~ Self-administered drugs, including self-administered chemotherapy drugs ~ Pre-authorized off-label use of prescription drugs ~ Contraceptives ~ Pre-natal vitamins (for you, as the Subscriber, or your enrolled Spouse only during the term of pregnancy) All drugs and supplies must be Medically Necessary for the condition, and must be prescribed by a Provider with prescriptive authority. Except in the case of a Medical Emergency, all prescriptions must be filled at a network pharmacy. We will also cover druqs dispensed at a hospital-based emerqency room. 6. Please revise the following exclusions in the Exclusions and Limitations section, pages 30 and 31 of your Benefits Booklet 17. Hearing aids. hearinq devices such as cochlear implants. and hearing exams. 29. Services for any occupational illness or injury arising out of, or in the course of, an activity pertaining to any trade, business, employment (including self-employment) or occupation for wage or profit. whether or not a proper and timely claim was filed for such benefits under another plan or policy. So 7. Please revise the following language in the Continuation of Coverage section, page 32 of your Benefits Booklet: COBRA (Consolidated Omnibus Budget Reconciliation Act - 1985) If you lose eligibility for coverage under this Group Plan (except in the case of a labor dispute), you may be eligible to continue your coverage for a period of time specified by federal law and regulations then in effect. This continuation of coverage is referred to as COBRA and applies generally to groups of twenty (20) or more employees. Continuation of coverage under COBRA is not automatic. You must apply for continuation of your Group coverage within sixty (60) days of the effectivo d3te of termination of cover3go under this Group Pbn date your Group provides you a COBRA election notice. ENDORSEMENT No.: City of Bremerton EFFECTIVE DATE: January 1, 2005 ~A.~ TITLE: ELIZABETH A. GILJE, PRESIDENT By: 57 KPS Health Plans, In Rehabilitation 400 Warren Avenue P.O. Box 339 Bremerton, W A 98337-0039 CONTRACT ENDORSEMENT This Endorsement applies to the Group Contract for City of Bremerton - Under 65 LEOFF I Retirees 1. Please revise the following language on page 5 of your Group Contract as shown below: Court-Ordered Coverage Employees who declined initial enrollment in this Group Plan in writing, may subsequently apply for coverage for themselves and their Eligible Dependents in the event they are required to provide health care coverage for an Eligible Dependent Child as a result of a court order. Application for enrollment must be recoivod is requested within thirty-one (31) days following the date of the court order. Coveraqe will be effective the date as of the court order. or w:Jit b1ntil the noxt Open Enrollment Poriod. 2. Please revise the following language in the Continuation of Coveraae section, page 9 of your Group Contract: COBRA (Consolidated Omnibus Budget Reconciliation Act -1985) If you lose eligibility for coverage under this Group Plan (except in the case of a labor dispute), you may be eligible to continue your coverage for a period of time specified by federal law and regulations then in effect. This continuation of coverage is referred to as COBRA and applies generally to groups of twenty (20) or more employees. Continuation of coverage under COBRA is not automatic. You must apply for continuation of your Group coverage within sixty (60) days of the effective date of termin3tion of cover:Jge under this Group Pl3n date your Group provides you a COBRA election notice. 3. Please delete the entire paragraph entitled "False and Misleading Information language in the General Terms and Conditions section, page 19 of you Group Contract and replace with the following: Misrepresentation, False or Fraudulent Information If the Group provides statements or other information on the Group Master Application form, or any other form required by KPS, that constitutes intentional misrepresentation or fraudulent misstatement of material fact, KPS may elect to immediately terminate this Contract. Signature by a qualified Group representative shall constitute acceptance of the terms and conditions set forth herein. FOR KPS: FOR GROUP: ~A'hJje- Elizabeth A. Gilje, President Signature January 27,2005 Date Print Name Title Date CITYRETGC-END-2005 5~ KPS Health Plans, In Rehabilitation 400 Warren Avenue P.O. Box 339 Bremerton, W A 98337-0039 BENEFITS BOOKLET ENDORSEMENT This Endorsement applies to the Benefits Booklet for the City of Bremerton - Under 65 LEOFF I Retirees. 1. Please revise the following language in the Eliaibilitv and Enrollment section on page 1 of your Benefits Booklet: Court-Ordered Coverage If you declined coverage, in writing, when you were initially eligible to enroll in this Group Plan, you may subsequently apply for coverage in the event you are required to provide health care coverage for an Eligible Dependent Child as a result of a court order. Application for enrollment must be rocei'.'ed is requested within thirty-one (31) days following the date of the court order. Coveraqe will be effective the date as of the court order. , or you must 'Nait until the noxt Open Enrollment Poriod. 2. Please revise the following language in the How the Group Plan Works section, pages 3 & 4 of your Benefits Booklet: , A. Choosing a Provider or Hospital ! Participating Providers include those Providers who contract directly with KPS as well as Providers in the First Choice Health Network (FCHN), Providence Preferred Provider Organization and MultiPlan Network. The following list provides general locations and networks of Participating Providers. However, exceptions may exist. for example, both KPS and FCHN contract with providers in Gravs Harbor and Thurston counties. For a current listing of Providers in your area, please call KPS at 1-800-552-7114, or visit our website at www.kpshealthplans.com: C. Add the following language at the end of the "Choosing a Provider or Hospital" section. What happens if my Provider no longer participates with KPS? If your Participating Provider chooses to terminate their agreement with KPS, we will notify you of the termination. The notification will allow at least sixty (60) days to either (i) complete your course of treatment, or (ii) appropriately transfer your care to another Participating Provider. After the sixty (60) days, services received from a provider who has terminated their agreement with KPS will be covered at the Non-participating Provider benefit level. CITYRETIREE-END-2005 53 3. Please add the following language to the Your Out-of-Pocket Costs section on page 7: Lifetime Maximum and Reinstatement of Benefits The lifetime maximum is the total amount of benefits payable on behalf of each Enrollee during the individual's lifetime under this Group Plan and any prior plans with KPS. However, each year, at renewal, the reinstatement amount will Ibe restored toward the lifetime maximum. This reinstatement does not apply to benefits with a separate lifetime maximum such as organ transplants and sleep disorders. Lifetime Maximum Benefit $1,000,000 per Enrollee Annual Reinstatement of Benefits Up to $5,000 per Enrollee per Calendar Year 4. Please revise the following benefit language in the Benefits Summary on pages 10 of your Benefits Booklet: KPS provides the following Medically Necessary benefits and services, at the indicated reimbursement percentage. Benefits paid at 100% are not subject to the annual Deductible. :'''~;::'?f ~:. ';7. " ,-: Cf)<~:;;;~;~":;;~;'}J~,1;s<i}MKfiR\{c)rMEDicAE';BE<NEFITS .;': l~< '."".~, . ,l '~7 ,~,Y: ;c~:, ~ , }",- ~: ' < ?~;;'~- +, .'i~"''';>2~0;;;;",;~~^~ ;:~""%X' /:+~,~ -v 7c ~ >>> v - - ~ " ~ ^ ,~) y ~~,; ~h , :H~ "," - ,:' ,. :~' ~b:Zj '> '" " <', '. ,;<", ':;'< ,,':: ' :"" .' PL::ANPAYS' " . " BENEFIT',: " /"', ,:, < " ", ,.' ,', ,p+.",',:,','" ,', ,?,',.','!.%':; ;<~'.<,' ~ ;'<" ,'.'. <,:';.<'>' ,", ,;', EMPL::OYEE:",', 'DEPENDENT." , ~ _ ~ , u"', : .<' _~ w.. ..!'<; ~^ _ ~, > ; ^ _" ~ " r," '; ~~) ;;: ~, " ~ l Chemical Dependency $11,!'l41 $12.500 maximum per 24 month period Inpatient care 100% 100% Outpatient care 100% 100% Colonoscopv and Si~moidoscopv - not subiect to the See Professional & Hospital Services preventive care maximum or limit Sections 5. Please revise the following benefit language in the Description of Covered Benefits and Services section, pages 16,24 & 26 of your Benefits Booklet: A. B. Phenylketonuria (PKU) Formulas Special dietary formulas designed for use by a Child YOU and/or your Eliqible Dependents who Aa&-have been diagnosed with phenylketonuria are covered under this benefit. 51 c. Pharmacy Benefits Coverage Coverage under this benefit includes: ~ Prescription drugs ~ Insulin and diabetic supplies ~ Self-administered drugs, including self-administered chemotherapy drugs ~ Pre-authorized off-label use of prescription drugs ~ Contraceptives ~ Pre-natal vitamins (for you, as the Subscriber, or your enrolled Spouse only during the term of pregnancy) All drugs and supplies must be Medically Necessary for the condition, and must be prescribed by a Provider with prescriptive authority. Except in the case of a Medical Emergency, all prescriptions must be filled at a network pharmacy. We will also cover druqs dispensed at a hospital-based emerqenCV room. 6. Please revise the following exclusions in the Exclusions and Limitations section, pages 29 and 30 of your Benefits Booklet 17. Hearing aids, hearinq devices such as cochlear implants. and hearing exams. 29. Services for any occupational illness or injury arising out of, or in the course of, an activity pertaining to any trade, business, employment (including self-employment) or occupation for wage or profit. whether or not a proper and timelv claim was filed for such benefits under another plan or policv. 7. Please revise the following language in the Continuation of Coveraae section, page 31 of your Benefits Booklet: COBRA (Consolidated Omnibus Budget Reconciliation Act - 1985) If you lose eligibility for coverage under this Group Plan (except in the case of a labor dispute), you may be eligible to continue your coverage for a period of time specified by federal law and regulations then in effect. This continuation of coverage is referred to as COBRA and applies generally to groups of twenty (20) or more employees. Continuation of coverage under COBRA is not automatic. You must apply for continuation of your Group coverage within sixty (60) days of the effectivo date of termination of CO'llor:lge under this Group Plan date your Group provides YOU a COBRA election notice. ENDORSEMENT No.: City of Bremerton EFFECTIVE DATE: January 1,2005 ~A.~ TITLE: ELIZABETH A. GILJE, PRESIDENT By: 55 KPS Health Plans, In Rehabilitation 400 Warren Avenue P.O. Box 339 Bremerton, WA 98331-0039 Attachment B Premium Rates and Underwriting Criteria For City of Bremerton Period: January 1, 2005 - December 31, 2005 Premium Rates See Attached Underwriting Criteria The Premium rates quoted above for this Group Plan are based on the following underwriting criteria. KPS reserves the right to withdraw or rerate this offering if Group falls outside the scope of these criteria. ~ Active Employees must work a minimum of twenty (20) hours per week unless otherwise negotiated and agreed by both KPS and Group. ~ Subject to prior KPS approval, two (2) or more health insurance carriers, including KPS, may provide coverage to Group's Employees. ~ Subject to prior KPS approval, Group may select multiple KPS health plan offerings. ~ The minimum level of participation required is seventy-five percent (75%) of eligible Employees. ~ Unless otherwise approved by KPS, no more than twenty-five percent (25%) of Group's eligible Employees may reside outside of the KPS service area. The KPS service area is defined as Kitsap, Jefferson, Lewis, Mason, Clallam, Thurston, Grays Harbor, Pierce and King counties. ~ KPS reserves the right to rerate Group in the event actual enrollment fluctuates by ten percent (10%) or more from the census provided to KPS by Group at the time Group was initially rated. 50 City of Bremerton 01/2005-12/2005 PLAN A (& Retirees) - $50 Oed, $10 Copay, 100%, $200 Stop-Loss, Rx -1st $75080%/20% then 100% Medical LEOFF I - Active $447.41 Regular & LEOFF II - Active $324.88 Spouse $360.14 1 st Dependent $162.64 2nd and all other Dependents $130.90 LEOFF I Retirees Under 65 $1,170.82 Spouse $641.40 1 st Dependent $160.02 2nd and all other Dependents $127.88 PLAN B (& Retirees) - $100 Ded, $10 Copay, 80%, $200 Stop-Loss, Rx - 1st $750 80%/20% then 100% Medical LEOFF I - Active N/A Regular & LEOFF II - Active 280.93 Spouse 314.69 1 st Dependent 143.16 2nd and all other Dependents 111.39 LEOFF I Retirees Under 65 N/A LEOFF I Retirees Over 65 N/A Spouse 532.73 1 st Dependent 135.41 2nd and all other Dependents 109.48 57 DATE SUBMITTED: 2-2-05 S AGENDA BILL -WI CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: Resolution to adopt the Kitsap Committee Meeting Date: 2-9-05 County revised Multi-Hazard Mitigation COUNCIL MEETING Date: 2-16-05 Plan. Department: Fire Presenter: Al Duke, Fire Chief Phone: 473-5381 SUMMARY: The federal Disaster Mitigation Act of 2000 requires that all local organizations (governmental, tribal and not-for-profits), have an approved local mitigation plan in accordance with 44 CFR 201.6 prior to receiving Hazard Mitigation Grant Program (HMPG) funding. The Plan has been updated to ensure consistency with the federal Disaster Mitigation Act 2000 and has received federal approval. . ATTACHMENTS: Kitsap ~OUllty Mult-haz~d Mitigati?ll Plan (CW;.Ja.ifv ~ ~ CVT-~~()F) FISCAL IMPACTS (Include Budgeted Amount): None ~,,", ' " , / _I ,,_,.;-,.:., APPROVALS: I l} I l ),>_~_ DEPARTMENT DIRECTOR: L~~- = ~~~:;rORNEY: >t~ =; ~ ~-;:> \=='~ os C~ \ J ~ \J c.~ e. \ ~~ ' ~" I48' ..., ,..., <:sa.. \ or to c..:\-u v- C{\L/DUDGCf: OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: To approve Resolution # that adopts the Kitsap County Revised Multi-Hazard Mitigation Plan. AGENDA STATUS: Consent IT New Business IT Old Business IT Ordinance U COUNCIL ACTION: D Approve D Deny D Postpone D No Action Resolution U Public Hearing IT 5~ Information U Study Session U RESOLUTION NO. A RESOLUTION of the City Council of the City of Bremerton, Washington, adopting the Kitsap County Revised Multi-Hazard Mitigation Plan. WHEREAS, the federal Disaster Mitigation Act of 2000 requires that all local organizations (governmental, tribal and not-for-profits), have an approved local mitigation plan in accordance with 44 CFR 201.6 prior to receiving Hazard Mitigation Grant Program (HMPG) funding; and WHEREAS, the Kitsap County Department of Emergency Management has previously prepared a Kitsap County Multi-Hazard Plan and has recently revised the Plan and provided it to the Board of County Commissioners; and WHEREAS, the Plan has been updated to ensure consistency with the federal Disaster Mitigation Act 2000; and WHEREAS, the Plan shall not necessarily imply advocacy of, or support for, individual mitigation initiatives proposed by other participating organizations, and the adoption of the plan shall be subject to limitations as defined in the Plan; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The revised Kitsap County Multi-Hazard Mitigation Plan, attached as Exhibit A and incorporated by this reference, is hereby adopted. SECTION 2. Severability. If anyone 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 ofBremerton, Washington this_ day of ,2005. DAREN NYGREN, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney PAULA JOHNSTON, City Clerk r:\legal\resolutions\fire\kitsap county multi-hazard mitigation plan.doc 1 51 Multi-Hazard Mitigation Plan EXHffiIT A The Kitsap County Multi-Hazard Mitigation Plan is available in the Bremerton City Clerk's Office for public viewing. ((;0 City of Bremerton 239 4th Street Bremerton, WA 98337 Jurisdiction-Specific Vulnerability Assessment & Mitigation Strategies ., City of Bremerton Overview: Contact Information: Bremerton Fire Department, AI Duke, Fire Chief 817 Pacific Ave. Bremerton (360) 478-5380 Pop~lation of Jurisdiction: 37,834 (Office of Financial Management 2004) 13,000 (2025 Population Forecast for City Limits and Urban Growth Area) Land Profile: 23 square miles The City of Bremerton is located in Kitsap County. The city lies east of the Olympic Mountains directly across puget Sound from Seattle. i For over a century, Bremerton has been the home to Puget Sound Naval Shipyard that continues to service US Navy ships and its 8000 civilian and. many active duty personnel. -- The City of Bremerton was incorporated on October 14,1901, and operates under a charter city with' a Mayor/Council form of government. The City's downtown core is undergoing a comprehensive revitalization with the building of a new Conference Center, Parking Garage, Hotel on the waterfront, a PublIC Safety and Headquarters Fire Station. The purpose of this section of the plan is to assess the vulnerability of the City of Bremerton in regards to the various natural hazards previously identified in SECTION n of this plan. In addition, mitigation strategies that are currently in place relating to these natural hazards as well as newly proposed mitigation strategies have been included in this section of the plan. To complete the vulnerability assessment process, various city staff utilized a series of locally developed forms. The information collected with these forms is included in this portion of the plan. As part of the vulnerability assessment process, City of Bremerton government completed an inventory of all critical facilities and has considered these critical facilities in our planning and mitigation strategy development process. The City of Bremerton has no repetitive loss properties. 6/ Representatives from City of Bremerton government worked closely with other jurisdictions, agencies, Indian tribes, and the Kitsap County Mitigation Planning Committee to develop a comprehensive, coordinated mitigation plan intended to reduce the vulnerability to natural hazards within the City of Bremerton. The information contained in this document presents the results of this effort to identify the.specific natural hazards threatening the City of Bremerton, to characterize the vulnerability of the City of Bremerton.regarding these hazards, and to identify current as well as proposed mitigation strategies. projects and/or programs to address those vulnerabilities. . The analyses conducted by City of Bremerton staff were based on the best currently available information and data regarding the characteristics of the neighborhoods identified, the natural hazards that threaten the people, property, and environment of these neighborhoods as well as the impacts these neighborhoods have suffered in past disasters. This information includes, when available, United States Census data, local tax records, .I.ocal and national geographic information system data, Flood Insurance Rate Maps, hazard specific analyses, and other environmental and demographic facts. However, very often authoritative or current information simply was not available for the planning effort. In these cases, the experience, knowledge and judgment of local officials representing City of Bremerton government were used in the planning, including assumptions and approximations that were believed to be reasonable. In addition, straight-forward, simplified technical analyses were used for tasks such as estimating property values, determining the size of populations affected, and so forth. The reliance ( on the judgment of knowledgeable officials and simplified analyses is considered acceptable at this stage to allow the participating organizations to complete the tasks needed to develop this multi-jurisdictional natural hazards mitigation plan. As the planning continues in future years, or at the time when a proposed mitigation initiative is intended to be funded and/or implemented, the participating organizations/jurisdictions recognize that additional information and analyses may be required. City of Bremerton government is committed to the implementation of the mitigation related projects/programs'described in this section of the plan when and if resources become available. City of Bremerton government is also committed to continuing the mitigation planning process that has resulted in the development of this document, and .to the ongoing cooperation with other agencies, organizations, Indian tribes, and jurisdictions to make the City of Bremerton more resistant to the damages and hardships that could otherwise be the result of future natural disasters. Principal Economic Base: Retail sales Economic Characte"ristic: Median Household income is $37,500 Current Hazard Mitigation Codes/Plans/Ordinances: . Comprehensive Land Use Plan -1995 . Comprehensive Transportation Plan -2003 . Capital Improvement Plan -2003 GQ- . Surface Water Management Plan and Code . Uniform Building and Fire Code 2003 (updating to International Codes 2004) . Bremerton Municipal Code . Chapter 21 -Zoning Ordinance Chapter 21 - Critical Areas Ordinance Chapter 21 - Shoreline Development . Participation in National Flood Insurance Program . Participation in the Community Rating System Program MITIGATION STRATEGIES: #1 Goal: Eliminate or reduce the long-term risk to human life and property from identified hazards. Cateaorv: IV - Earthquake Strateav: Pursue seismic upgrades to the Bremerton water system and its components as identified in the report by Dames & Moore Group Company Job No. 05793-007-004, March 1997 and in the City of Bremerton's 6-year Capital Improvement Plan. Lead Aaencies: City of Bremerton Public Works & Utilities i Support Aaencies: Washington State Department of Health Drinking Water Programs Probabilitv of Occurrence: Medium Probabilitv of Future Occurrence: Medium Implementation Time:' 1-8 years Implementation Cost: $ 1,750,000 as per Dames & Moore Report #2 Goal: Eliminate or reduce the long-term risk to human life and property from identified . hazards. Cateaories: IV - Earthquake & VII - Multi-Hazard Strateav: Pursue seismic upgrades to the dam and provide improved monitoring and an early warning system in the. event of an uncontrolled release of the reservoir caused by a dam failure as identified in the report by Woodard-Clyde Consultants, July 1997 and in the City of Bremerton's 6-year Capital Improvement Plan. Lead Aaencies: City of Bremerton Public Works & Utilities Support Aaencies: Washington Department of Ecology Dam Safety Office Mason County Division of Emergency Management ~3 Probability of Occurrence: Low Probabilitv of Future Occurrence: Low Implementation Time: 1 year Implementation Cost: $ 375.888 as per Woodard-Clyde Consultants #3 Goal: Eliminate or reduce the long-term risk to human life and property from identified hazards. Cateaorv: VII - Terrorism Strateay: Pursue upgrades to security of water system facilities and components as identified in the Security Assessment of the Water Supply System prepared by Acres InternaUonal. November 4, 2003, and in the City of Bremerton's 6-year Capital Improvement Plan. Lead Aaencies: City of Bremerton Public Works & Utilities Support Aaencies: Washington State Department of Health Drinking Water Programs Washington Department of Ecology Dam Safety Office r Probability of Occurrence:. Low , Probabilitv of Future Occurrence: Medium . 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WASHINGTON DEPARTMENT OF EMERGENCY MANAGEMENT MUL TI-HAZARD , MITIGATION PLAN ~h,),'+ A ~If o.1~(J.o\t I r\ _ (,0 \.\V\G\ \ O~\ C DECEMBER 2004 71 DATE SUBMITTED: February 1,2005 BILL # - AGENDA BILL CITY OF BREMERTON 'I CITY COUNCIL ........................................................................................ SUBJECT: Ordinance adopting Committee Meeting Date: February 9, 2005 amendments to BMC Title 20 relating to COUNCIL MEETING Date: February 16,2005 zonmg Department: Comm Development Presenter: C. Hugo Phone: 473-5275 SUMMARY: The proposed ordinance enacts new sections of the zoning code to implement the 2004 Comprehensive Plan. The proposed new BMC chapters include new administrative sections, new zoning for single family residential areas, and new zoning for portions of the Wheaton Way and Kitsap Way corridors. In addition, re-numbering of several existing lands use chapters is proposed. The enactment of development regulations consistent with the 2004 Comprehensive Plan is necessary to maintain compliance with the State Growth Management Act. A TT ACHMENTS: Proposed BMC chapters 20.40, 20.42, 20.44, 20.46, 20.60, 20.62, and 20.64 as recommended by the City Planning Commission FISCAL IMP ACTS (Include Budgeted Amount): Failure to maintain GMA compliance may jeopardize eligibility for State grants and loans, particularly Public Works Trust Fund loans. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: ,~-,,".... ~- FISCAL/BUDGET: I --.._-~,,~~_._'... --. - CONSENT AGENDA D OPERA nONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to pass ordinance # adopting amendments to BMC Title 20 related to zoning. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action go ORDINANCE NO. '/;' AN ORDINANCE ofthe City Council of the City of Bremerton, Washington, adopting amendments to the City Zoning Code. WHEREAS, the City Council adopted a new Comprehensive Plan for the City on December 1, 2004; and WHEREAS, the City is in the process of updating its zoning regulations consistent with the new Comprehensive Plan; and WHEREAS, the City Council desires to begin the update process by updating and adopting new zoning regulations to be followed by additional updates; and WHEREAS, the proposed new zoning regulations have been approved by the Planning Commission; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 20.40 of the Bremerton Municipal Code entitled "Administration" is hereby created to read as follows: CHAPTER 20.40 ADMINISTRATION 20.40.010 TITLE. This title shall be known as the "City of Bremerton Zoning Code." This Code shall consist of this text and the map entitled "City of Bremerton Official Zoning Map." 20.40.020 AUTHORITY. This title is adopted pursuant to Revised Code of Washington (RCW) Chapter 35.63. 20.40.030 INTENT AND PURPOSE. The intent of this title is to regulate the physical development of all lands within the City of Bremerton's jurisdiction, except federally owned properties, in order to provide for orderly development within the City. The purpose is: (a) To implement the City's Comprehensive Plan; (b) To protect the community's social and economic stability, as well as the positive qualities and unique characteristics of all areas throughout the community; (c) To address both natural and man-made environmental considerations as part of the land use and development pennitting processes; and (d) To ensure the orderly and beneficial development and use of all lands by: 1 Zoning Code (1) Reserving an adequate supply of developable land area for each major category of land use and in the most appropriate locations, (2) Preventing the encroachment of incompatible uses; and (3) Providing clear concise regulations and development guidelines that are consistent with City goals and visions. (e) To protect the public's health, safety and welfare as a whole and not to create a duty of protecting any person or class of persons. 20.40.040 ADMINISTRATIVE AUTHORITY. The Director shall have the authority to make and issue orders, rules, requirements, permits, interpretations, decisions, or determinations as necessary in the administration and enforcement of the provisions of this title, except when provided for otherwise. 20.40.050 DEFINING SHALL AND MAY. The word "shall" is always mandatory; the word "may" denotes a use of discretion in making a decision 20.40.060 MINIMUM REQUIREMENTS. The provisions set forth in this title shall constitute the minimum requirements necessary to promote the public health, safety, morals, and general welfare. 20.40.070 CONFLICTS. The provisions of this title shall govern when this code imposes a greater restriction than is required by other ordinances, regulations, easements, covenants, or other agreements. In the case of internal conflicts within this code, the most restrictive provision shall prevail. 20.40.080 INTERPRETATIONS. The Director shall have the authority to make written interpretations when necessary for clarification or to resolve conflicts within these regulations. Any person may submit a written request for a code interpretation to the director, or the director may issue a code interpretation on the director's own initiative. A request for a code interpretation shall include the following (a) The provision of this title for which an interpretation is requested; (b) Why an interpretation of the provision is necessary; (c) Any reason or material in support of a proposed interpretation; and (d) Any fees adopted by the City Council. 20.40.090 ZONING MAP INTERPRETATIONS. The Director shall use the following criteria to interpret the Official Zoning Map: (a) Where a zone boundary is indicated as approximately following a property line, the property line is the zone boundary. (b) Where a zone boundary is indicated as following a street or other right-of-way, the centerline ofthe street or right-of-way is the zone boundary. (c) Where a zone abuts or extends into a lake or into Puget Sound, the zone boundary extends into that body of water to the full limit and territorial extent of the jurisdiction and control of the City. 2 Zoning Code (d) Where a zone boundary is not indicated to follow a property line, street, or other right-of way, the boundary line is as drawn, based on the scale shown on the Zoning Map. 20.40.100 COMPLIANCE WITH OTHER LAWS. Nothing in this title shall be construed to excuse compliance with other applicable federal, state, or local laws or regulations. 20.40.110 CITY LIABILITY. Nothing in this title shall be construed to impose any duty upon the City or any of its officers or employees so as to subject them to liability for damages not otherwise imposed by law to protect individuals from personal injuries or property damage. 20.40.120 PROPERTY OWNERS/ APPLICANT RESPONSIBILITY. (a) It is the intent of this title to place the obligation of complying with the requirements of this title and all applicable laws and regulations upon the owner, and jointly and severally upon the occupant of the land and buildings within its scope. (b) The applicant is responsible to provide accurate and complete information and plans to comply with the requirements ofthis title and all applicable laws and regulations. The City is not responsible for the accuracy of information or plans provided to the City for review or approval. 20.40.130 SCOPE OF UNLAWFUL ACTIVITY. It shall be unlawful for any person, firm or corporation to erect, construct, alter, repair, move, remove, convert, demolish, use, occupy, or maintain any structure or use of land, or any portion, in violation ofthe provisions of this chapter. The violation shall exist until the unlawful act andlor unlawful use has been remedied or abated. 20.40.140 ENFORCEMENT. (a) It is the duty of the Director to enforce the provisions of this title. Enforcement actions may include one or more of the following: (1) Withhold or revoke land use permits or approvals, (2) Withhold or revoke building permits for construction or alteration of a structure, abatement of structures; (3) Revocation of use permits and variances; (4) Enforcement through Chapter 1.04 BMC; (5) Filing a court action in a court of competent jurisdiction. (b) Land Use/Permit Revocation: a permit or land use approval may be revoked if: (1) The work is not authorized by a valid permit or approval; (2) Inaccurate or incorrect information was used to obtain the permit or approval or the permit or approval was issued in error; (3) The permittee is not complying with the terms of the permit or approved plans; (4) The permittee is in violation of the requirements of this chapter or of any land use ordinance, statute, or regulation; or (5) The work is, in the Director's judgment, a hazard to property or public safety, is adversely affecting or about to adversely affect adjacent property or rights-of-way, a 3 Zoning Code drainage way, watercourse, sensitive areas or storm water facility, or is otherwise adversely affecting the public health, safety, or welfare. (c) Revocation of a permit or land use approval shall be made by (1) The Director for Type I and Type II permits subject to the right of appeal as set forth in this title. (2) The Administrative Hearing Examiner for a Type III permit subject to the right of appeal as set forth in this title. (3) The Council for a Type IV permit as provided by law. 20.40.150 PROHIBITION OF FURTHER PERMITS OR APPROVALS. The City shall not accept, process, or approve any application for a subdivision or any other land use permit or approval, or issue a certificate of occupancy for property on which a violation of this chapter has occurred until the violation is cured by restoration or other means accepted by the Director and by payment of any penalty imposed for the violation. 20.40.160 VIOLATION - PENALTY. (a) Any violation of any provision of this title constitutes a civil violation under BMC Chapter 1.04 for which a monetary penalty may be assessed and abatement may be required as provided therein. (b) In addition to, or as an alternative to, any other penalty provided in this chapter or by law, any person who violates any provision of this title shall be guilty of a misdemeanor pursuant to BMC Section 1.12.020(2). SECTION 2. Chapter 20.42 ofthe Bremerton Municipal Code entitled "Definitions" is hereby created to read as follows: Chapter 20.42 DEFINITIONS 20.42.010 GENERAL DEFINITIONS. Terms not defined herein shall take their meaning from definitions in the comprehensive plan, shoreline master program and other ordinances incorporated by reference. If a specific term is not defined or referenced, it shall take its normal and customary meaning within the context of how it is used. When not inconsistent with the context, words used in the present tense include the future, words in the singular include the plural, and words in the plural include the singular. 20.42.020 DEFINITIONS. The following terms and definitions shall be applied to the provisions of this title. ACCESSORY DWELLING UNIT (ADD) means a second dwelling unit added to or created within an existing single-unit residential structure (principal structure) or within a detached accessory structure (guest house, cottage, or as part of or above a garage) for use as a complete, independent or semi-independent living unit with provisions for cooking, eating, sanitation and sleeping, and which complies with the design standards contained in this code for ADUs. 4 Zoning Code ACCESSORY USE, ACTIVITY OR STRUCTURE means a use, activity, structure or part of a structure which is subordinate and incidental to the permitted principal use or building, located on the same lot or parcel with such principal use or building, and erected or established only after or in conjunction with the establishment of the principal use or building. ACRE, NET means a measurement of land after subtracting public and private streets, rights-of- way, and other unusable or non-developable areas ofland from a gross acre ofland (43,560 square feet). ADJOINING AND ADJACENT means property that touches or is directly across a public or private right-of-way. This does not include property across from limited access highways or arterials with four lanes of traffic or more. ADMINISTRATIVE HEARING EXAMINER means a person appointed with the powers set forth in BMC Chapter 2.13. The term "administrative hearing examiner" shall likewise include the examiner pro tern. As used in this Chapter, "Administrative Hearing Examiner" shall not mean the Municipal Court Hearing Examiner established pursuant to BMC Chapter 2.62 ofthe Bremerton Municipal Code. ADULT BUSINESS means adult theater, adult bookstore, massage parlor as defined in BMC Chapter 5.92, or adult cabaret. ADULT THEATER means an establishment that presents material relating to sexual activities and specified anatomical areas for observation and restricted to adult audiences. ADUL T BOOKSTORE means an establishment that has a significant portion of its stock and trade in publications relating to specify sexual activities or specified anatomical areas. ADULT CABARET means an establishment that features entertainers or attendants dressed so as to emphasize specific anatomical areas or whose performance or other activities include or mimic specific sexual activities. ALLEY means any public right-of-way or thoroughfare having a typical width of at least ten (10) feet, but generally not more than thirty (30) feet, which has been dedicated or deeded to the public for public use and which affords only secondary means of access to abutting properties, primarily for service purposes. AL TERA TION, STRUCTURAL means any changes or repairs to the supporting members of a structure, or to the configurations of the roof or exterior walls, that would prolong the life of the supporting members of a building or structure. This does not include minor actions such as adding a doorway or window, or attaching architectural features, appurtenances, or adornments. ANTENNA, WIRELESS means any exterior equipment attached or mounted to a building or tower in the form of one or more rods, panels, discs or similar devices used for the transmission or reception of radio or electromagnetic frequency signals. 5 Zoning Code (1) Omni-directional antenna transmits and receives radio frequency signals in a 3600; radial pattern. For the purpose of the provisions set forth in BMC Chapter 21.02.335, an omni- directional antenna is up to 15 feet in height and up to seven inches in diameter. If otherwise meeting the definition, a whip antenna is considered an omni-directional antenna. (2) Directional antenna transmits and receives radio frequency signals in a specific directional pattern of less-than 3600. (3) Parabolic antenna is a device of generally parabolic shape for the reception and transmission of radio frequency signals in a specific directional pattern. Also referred to as a satellite dish. ANTENNA TOWER means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including but not limited to self-supporting lattice towers, guy towers or monopole towers. (1) Type I Tower" means a tower up to, but not exceeding, 60 feet in height. (2) Type II Tower" means a tower greater than 60 feet in height. APPLICANT means a person who applies for any permit or approval to do anything governed by this title and who has legal standing to apply for a permit or approval on the specific property. APPURTENANCE OR APPENDAGE means a supplemental component, architectural feature, or decoration that has been added to or extends outward from the exterior of a building wall and is not a primary component of the structure itself. This includes bay windows, low decks, open porches, awnings, chimneys, and other similar features. ARCADE means a place of amusement consisting primarily of games of skill, such as video games, pinball machines, and carnival-style skill games. An arcade may be a primary or accessory use. ART GALLERY means a room or series of room where art such as paintings, sculptures or other works are exhibited. ART STUDIO means a loft, room, group of rooms or building in which an artist works. This includes facilities for the production of photographic works (still or motion), painting, sculpture, dance, music or similar activities. A studio is often found in combination with a gallery or may be an accessory use to a retail business or other use. This does not include incidental artist work areas within a residence, which produce no odors or noise that negatively impact adjacent properties. ASSISTED LIVING FACILITY means a residential facility for elderly persons (age fifty-five or older) who require moderate to extensive assistance with daily tasks such as cooking, eating, bathing, housekeeping, dispensing of medicines, shopping, appointments and other tasks. BAY WINDOW means a window projecting outward from an exterior wall of a structure forming a small recess opening off of a larger room. 6 Zoning Code BED & BREAKFAST means an owner managed and occupied residential single-unit dwelling in which rooms or other overnight accommodations are rented on a nightly basis. Meals may be included that are included as part of the basic compensation. This does not include group residential homes, boarding and rooming houses. BOARDING, ROOMING HOUSE means a single-unit residential structure in which rooms without kitchens are provided for non-transient persons and may include meals. This does not include licensed care providing facilities. BUFFERING means a structural, earthy, or vegetative form used to minimize the impacts of one land use upon another. A buffer may include anyone or a combination of fences, walls, berms, high shrubs, trees, or other landscaping. Distance separation is also a form of buffering. BUILDING CODE means the International Building Code and related codes as amended and adopted by the City of Bremerton. BUILDING ENVELOPE means the three-dimensional space within which a structure is permitted to occupy. Height, Floor Area Ratio, setbacks, lot coverage and similar restrictions establish the building envelope. BUILDING LINE means a line on a lot, generally parallel to property lines and located a sufficient distance from the property lines to provide the minimum yard areas required by this code. Building lines establish the area within which buildings are permitted and does not necessarily correspond with the location of any existing structures or other improvements. CARETAKER means a person who maintains or watches over someone else's land or property on a part- or full-time schedule. The caretaker may live on the property or elsewhere. CARET AKER RESIDENCE means an accessory dwelling unit provided by the owner of a property to be used exclusively as living quarters for the caretaker(s) of that property. CAR W ASH means a business engaged in washing, waxing, polishing, and general cleaning of automobiles, small trucks, light utility vehicles and small recreational vehicles, but that is not designed to handle larger commercial trucks and buses. It includes self-service, full-service, and automated car washes and auto detailing services. CENTER, COMMUNITY OR NEIGHBORHOOD means a facility operated by a public agency or non-profit organization for social gatherings; learning; recreation; programs to promote economic independence; and similar functions to improve life skills and increase socio- economic opportunities for neighborhood or community residents of all ages. CENTER, SENIOR means a facility designed and equipped to serve the social and recreational needs and interests of senior citizens and offering the same general types of activities available in a neighborhood or community center. 7 Zoning Code CENTER, YOUR OR TEEN means a facility offering some or all of the types of activities commonly found in a community or neighborhood center but tailored specifically to provide for the needs and interests of the under-21 age group. CHANGE OF USE means a change in the utilization or occupancy of a property or building from one use to another. WORSHIP, RELIGIOUS, CHURCH FACILITY means a building or structure primarily intended as a place for public worship and related activities such as religious education, meeting halls, and kitchens or places for personal worship or meditation. It does not include pre-schools, parochial schools, day care facilities, major recreational facilities, vehicle or equipment storage yards, or other functions that are not clearly a necessary or integral part of the religious institution. CITY means "City" shall mean the City of Bremerton, Washington. CLINIC means an establishment used for the mental and physical care of human patients, but which excludes facilities for overnight patient care. DAY CARE FACILITY means a facility licensed by the State of Washington and approved by the City to provide regular care for adults or children for periods of less than 24 hours. DECK Means an open platform wider than 18 inches. A deck may be free-standing, cantilevered from a building, or connected to the ground with steps or ramps. A deck that is higher than 30 inches above finish grade may be referred to as a raised deck, a rooftop deck, a balcony, or other suitable term. DELICATESSEN means an establishment selling cooked or preserved foods such as meats, prepared salads, desserts, cheeses, pickles, sandwiches, soft drinks, etc., generally for consumption off the premises. DENSITY means a measure of residential concentration, usually expressed as the number of dwellings per acre ofland. For example, a 100-acre area containing 300 dwellings has a "gross" density of three dwellings per acre. "Net" density is determined by using the acreage total after all undevelopable areas (streets, open space, wetlands, etc.) have been removed. The U.S. Census Bureau defines "rural density" as 200 persons per square mile or about one dwelling per ten acres. DENSITY, MAXIMUM ALLOW ABLE means the number of dwellings per gross acre as stated for each zone. DEP ARTMENT STORE means a retail commercial store that consists of a variety of specialty departments that are interconnected within the same structure and under the same ownership, such as jewelry, clothing, shoes, automotive products, sporting goods, etc. 8 Zoning Code DETOXIFICATION CENTER means a facility providing for the care and treatment of an intoxicated person during the period in which the person recovers from the transitory effects of acute intoxication. DIRECTOR means Bremerton's Director of Community Development and his/ her designee. DRINKING PLACE means an establishment selling intoxicating beverages for consumption on the premises. DRIVE-THROUGH FACILITY means an automobile-oriented facility designed primarily for drive-through trade, and which provides service and caters to patrons while in their motor vehicles. This does not include gas stations, service stations, and auto repair garages. DUPLEX means a structure containing two dwelling units on a single lot. DWELLING, CONVENTIONAL means any building or structure that is built or assembled (in the case of a modular structure) on the site and in conformance with the provisions of the Uniform Building Code (UBC). DWELLING, MODULAR or FACTORY BUILT means buildings or structures that are constructed primarily in a factory and transported to the site for assembly or installation. All temporary wheels, axles, and other appliances used in the transport are removed at the destination and the structure is permanently placed, unless approved as a temporary placement by the City. Such structures are constructed to the standards of either the Uniform Building Code (UBC), or the HUD Code. (Also see: Manufactured Home) DWELLING, MULTI-UNIT STRUCTURE means a structure containing three or more dwelling units. (Also referred to as "multi-family" structure.) DWELLING, SINGLE-UNIT STRUCTURE means a structure containing one dwelling unit. (Also referred to as a "single-family" dwelling, or a "house".) DWELLING, SINGLE-UNIT ATTACHED means two single-unit dwellings (houses) that are attached at a common side lot line with each dwelling located entirely on its own lot. This does not include row houses or other housing types having more than two attached units. DWELLING UNIT means a living space or combination of rooms designed to provide independent year-round living facilities for one family or household, constructed to the minimum standards of the UBC or HUD Code, and with provisions for sleeping, eating and sanitation. FACTORY OUTLET means a retail store that sells products predominantly from a single manufacturer. It may be within the same building or on the same site as its manufacturing facilities, or at another location. A single manufacturing business may have many factory outlet stores, often located with similar stores in "outlet malls". When sited independently of its manufacturing facilities, a factory outlet store is permitted in the same manner as any other retail store selling similar merchandise. 9 Zoning Code FENCE means a structure built to prevent escape or intrusion, or to provide privacy, screening, or buffering from noise or other undesirable impacts or activities beyond the property line. Also includes freestanding walls. FOOD/BEVERAGE TAKE-OUT means a business establishment that specializes in fast service sales of limited food products such as sandwiches, hot dogs, packaged lunches, and hot and cold drinks, and that has no indoor customer seating. Such facilities may include pedestrian oriented or vehicular drive-through food booths, espresso stands, juice bars or similar facilities. Such facilities are located on permanent sites and should not be confused with street vendors. FOSTER HOME means a dwelling unit in which a full-time resident provides temporary care and supervision on a full-time basis to not more than six foster children, three expectant mothers, or three other adults requiring full-time care. GRADE means the lowest point of elevation of the finished surface ofthe ground, paving or sidewalk within the area between the building and the property line. When the property line is more than five feet from the building, grade is the lowest point of elevation ofthe finished surface between the building and a line five feet from the building. For structures built over water, grade shall mean the elevation of the ordinary high water mark. GRADE, EXISTING means the grade or topography existing prior to any excavation, clearing, grading or filling. GRADE, AVERAGE FINAL means the average of the final grade that will be directly under the proposed building or structure. Calculations of the average final grade shall be made by averaging the elevations at the center of all exterior walls of the proposed building or structure. GREENHOUSE see "Nursery and Greenhouse" GROSS FLOOR AREA means the sum of all horizontal areas of floors of a structure when measured from the exterior faces of exterior walls; including glazed or screened porches. GROUP RESIDENTIAL means shared living quarters without separate kitchen facilities for each room or unit. This classification includes group care residence for those whose permanent residence is the group residential facility. It does not include transient lodging. This definition shall not be construed to include crisis care facilities, detoxification centers or housing of sexually violent predators, as defined in RCW 71.09.020(16). GROUP RESIDENTIAL FACILITY - CLASS 1 (ASSISTED LIVING) means a group care residence for seven or more children and! or adults who for various reasons cannot reside in their natural homes; and/or for persons who have severe chronic disabilities or physical handicaps that cause substantial functional limitations. This facility may provide physical therapy and training in social skills. It does not include facilities to which persons are assigned as a result of criminal conviction or those where residents, individually or by their legal guardians, are not free to terminate their residency at will. 10 Zoning Code GROUP RESIDENTIAL FACILITY --- CLASS II means a group care residence for juvenile delinquents, the mentally ill, persons serving a sentence in lieu of confinement, persons needing correctional or mental rehabilitation, or persons needing rehabilitation and treatment for social and/or family problems, drug or alcohol addiction, or abuse. This definition includes programs providing alternatives to imprisonment; transition back into the community including pre- release, work-release, and probationary programs that are under the supervision of a court, State, or local agency. Teaching of work or social skills may be provided in this class facility but it does not include drug or alcohol detoxification centers. GROUP RESIDENTIAL HOME means a residential home in which a person or persons provide personal care, special care, room, and board to more than one but not more than six children and/or adults who are not related by blood or marriage to the person or persons providing the services; provided, however, any limitation on the number of residents resulting from this definition shall not be applied if it prohibits the City from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988,42 D.S.C. 3604(f)(3)(b ). HOMEOWNERS ASSOCIATION means an association of homeowners that has responsibility for commonly owned property within its residential development and which enforces covenants and restrictions on commonly owned areas or private property. HOME OCCUPATION means any non-residential use carried out for monetary gain, which is secondary to the use of the property for residential purposes, and which is operated in accordance with the Home Occupation standards of this code. HOSPITAL means a licensed institution providing primary health care services and medical or surgical care to persons, primarily inpatients, suffering from physical or mental conditions, and which may include related facilities as an integral part of the institution. HOTEL means an establishment that offers transient lodging accommodations to the general public, and which may provide such related services such as restaurants, meeting rooms, gift shops, beauty shops and recreational facilities. HOTEL, RESIDENTIAL or INN means a hotel that is oriented toward medium-term or long- term residents, with rooms offered at a weekly or monthly rate. Such a facility might also be oriented toward seasonal residents, persons with a particular need or income level, or persons employed in the area for a short time. HOUSEHOLD means all persons, regardless of age, sex, or family relationships, that reside as a single unit in a dwelling intended for single household occupancy. Such group quarter facilities as dormitories, boarding houses, nursing homes or similar accommodations typically do not provide facilities for households. 11 Zoning Code IMPERVIOUS SURFACE means any material which reduces or prevents absorption of stormwater into previously undeveloped land. JUNK YARD means a place where discarded or salvaged materials are bought, sold, exchanged, stored, baled, packed, disassembled, or otherwise handled. This includes automotive wrecking yards; house wrecking yards, and storage of structural steel materials and equipment, but does not include used or salvaged machinery in operable condition nor the processing of used, discarded or salvaged materials as a minor part of manufacturing operations. KENNEL means an establishment where five or more domestic animals older than six months are kept, whether for compensation or not. This does not include veterinary clinics/hospitals, pet shops or zoos. LOADING AREA means an area designed and intended for the temporary parking of a vehicle while loading or unloading passengers, merchandise or other materials. LOT means any area, tract or parcel of land owned by or under the lawful control and in the lawful possession of one distinct ownership undivided by a dedicated street or alley or another ownership, and which has a minimum of twenty feet of frontage on a street. LOT AREA means the area within the boundary lines of a lot. When creating new lots, the calculation for each new lot area shall not include public and private streets, wetlands, and other areas that may be restricted from use or from the types of development allowed by the zone in which the property is located. LOT, FLAG means a lot with access to its street by way of a narrow strip of land having a minimum width of twenty (20) feet. A flag lot consists of two parts. 1. The "flag" or main body of the lot; and 2. The "panhandle" or narrow access way connecting the body of the lot to the street. LOT, WATERFRONT means a lot of which any portion abuts wetlands or any water body regulated under the Bremerton Shoreline Master Program. LOT COVERAGE means that portion of a lot covered by the roof areas of all structures. This shall not include open decks, except if it provides a roof over occupancy underneath. LOT DEPTH means the horizontal distance between the front and rear property lines of a lot, measured along a line midway between the side property lines. The depth of an irregular lot or a lot having more or fewer than two side lots lines will be determined in the most reasonable manner, based on the lot's longest average dimension. LOT LINE, FRONT means any property line that abuts a public street, private street, alley (if the alley provides primary access) or Ordinary High Water Mark; and is considered a frontage. LOT LINE, REAR means the property line most opposite or most distant from the designated front lot line and does not intersect any front lot line. Comer lots do not have rear lot line. 12 Zoning Code LOT LINE, SIDE means any lot line not defined as a front or rear lot line, or any lot line that intersects a front lot line. LOT WIDTH means the average horizontal distance between side lot lines, measured at right angles to the lot depth line. The Director may use reasonable modifications to this procedure when determining the width of an irregular lot. MANUFACTURED HOME means a single-family dwelling required to be built in accordance with regulations adopted under the national manufactured housing construction and safety standards act of 1974 (42 U.S.C. 5401 et seq.) The unit shall bear an insignia issued by a State or Federal regulatory agency indicating that the manufactured home complies with all applicable construction standards of the U.S. Department of Rousing and Urban Development (HUD). Commercial coaches, recreational vehicles, travel trailers, and motor homes are neither manufactured homes nor dwelling units. (See Mobile Home.) MARINA means a facility which provides moorage or wet or dry storage for watercraft or float planes, and which may offer marine-related sales and services. MEDICAL LABORATORY means a facility primarily engaged in providing analytic or diagnostic services on human specimens, including body fluid or body tissue, or performing diagnostic imaging, to government agencies, to the medical, dental, or other health service professions or to the patient; includes the fabrication of dentures, eyeglasses and contact lenses, and prosthetic devices. MOBILE HOME means a factory-built dwelling built before June 15, 1976, to standards other than the national manufactured housing construction and safety standards act of 1974 (42 U.S.c. 5401 et seq.), and acceptable under applicable state codes in effect at the time of construction or introduction of the home into this state. Mobile Homes are accommodated within some existing mobile home parks, but are not allowed on individual lots. (See Manufactured Home.) MOTEL means a facility that offers transient lodging accommodations to the general public, with at least 25 percent of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building. A motel may include in-room kitchen facilities and may offer laundry facilities, exercise rooms, pool, flower and gift shops, travel services, restaurant, banquet and convention facilities as accessory functions. MUSEUM means a building, room, vessel (boat or ship), or site intended for the preservation and exhibition of artistic, historical, or scientific objects. In the interests of local historic preservation, the Land Use Tables allow the use of historically significant buildings in residential areas to be used as museums. NONCONFORMING LOT means a lawfully created lot which has characteristics that no longer conform to the applicable standards and regulations for the zone in which it is now located. 13 Zoning Code NONCONFORMING STRUCTURE means a structure that was legally constructed under the codes in place at that time, but does not comply with currently required setback, height, lot coverage, or other development standards of the zone in which it is now located. NONCONFORMING USE means any activity, development or condition that was legally established prior to the effective date of this or other applicable code requirements and which would not be permitted under today's codes. (Such uses are often referred to as "grandfathered" and may continue to exist and operate legally.) NURSING HOME means any home, place or institution which operates or maintains facilities providing convalescent or chronic care, or both, for a period in excess of twenty-four consecutive hours for three or more patients not related by blood or marriage to the operator, who by reason of illness or infirmity, are unable properly to care for themselves. Convalescent and chronic care may include but not be limited to any or all procedures commonly employed in waiting on the sick, such as administration of medicines, preparation of special diets, giving of bedside nursing care, application of dressings and bandages, and carrying out of treatment prescribed by a duly licensed practitioner of the healing arts. It may also include community-based care. This does not include group residential facilities, hospitals, sanitariums, or treatment centers. NURSERY and GREENHOUSE means facilities used for the propagation and sale of agricultural or ornamental plants and related products: 1. Retail Nursery/Greenhouse: Offers products to the general public including plant materials, planter boxes, fertilizer, sprays, garden tools, and related items. 2. Wholesale Nursery/Greenhouse: Raises nursery stock for sale to retail nurseries or other businesses. 3. Greenhouse: A nursery facility constructed with transparent or translucent materials for indoor propagation of plants. A private greenhouse with no commercial sales is considered an accessory use. OPEN SPACE means any area which provides physical or visual relief from the developed environment. It may consist of lands that are improved or unimproved, and public or private. Within the urban environment, open space may include linear streetscapes, view corridors, shoreline areas, mini-parks, pedestrian corridors, and areas reserved or used for stormwater retention, drainage, wetland protection, etc. For zoning and development purposes, specific areas may be required for outdoor recreation, resource or sensitive areas protection, amenities, safety, or buffering. The calculations of areas designated to meet open space requirements may not include driveways, parking areas, required yard areas, land occupied by buildings or structures, nor other impervious surfaces that are not related to the open space. OUTDOOR ATHLETIC FIELDS means outdoors facilities used for sporting activities such as softball, baseball, football, soccer, running track, tennis complex and other non-motorized sports. Outdoor athletic fields may include bleachers, concession stands, lights, restrooms and other supporting facilities. OVERLAY ZONE means a set of land use and development requirements designed to be applied over, or in addition to, the requirements of the underlying zone for a specific purpose 14 Zoning Code without removing or modifying the underlying zone. Common examples are design review overlays and parking overlays. PARCEL means a continuous quantity of land in single ownership or under single control, consisting of one or more lots, and considered a unit for purposes of development. (See "Lot") PAVED SURF ACE means a surface paved with asphalt, concrete, concrete pavers, or brick but excluding gravel, crushed rock, and similar materials. PERSONAL SERVICE BUSINESS means an establishment engaged primarily in providing services involving the care of a person or apparel, such as; shoe repairs, laundry and dry- cleaning, beauty and barber shops, clothing/costume rental, tanning, other personal grooming facilities and domestic assistance services. This does not include massage parlors, health care services, exercise establishments, nor funeral services. PIER means a fixed structure, or a permanently moored floating structure, built over tidelands or shore lands, and used for a marine landing or moorage for watercraft. PORCH means a roofed open area attached to a building or other structure, usually at an entrance to the structure. A porch that is enclosed, glazed or screened, may lose its status as an appurtenance. PRIVATE CLUB OR LODGE means structures, facilities and grounds owned or operated by a private or fraternal organization for use by its members and guests. PUBLIC FACILITIES means facilities provided for the benefit of the general public including streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities, public schools, and other public buildings. PUBLIC SERVICES means services provided for the benefit of the general public, including fire protection and suppression, law enforcement, public health, education, information, recreation, environmental protection, development assistance/permitting, etc. RECREATIONAL VEHICLE means a vehicular-type unit primarily designed for recreational camping or travel use that has its own motive power or is mounted on or towed by another vehicle. The units include, but not limited to, travel trailers, fifth-wheel trailers, folding camping trailers, truck campers, and motor homes, motorcycles, snowmobiles, etc. RECREATIONAL VEHICLE PARK means a facility designed to provide two or more sites on which to park travel trailers, motor homes or similar recreational vehicles for periods not to exceed 30 days. Accessory uses to an "RV Park" often include a swimming pool, playground equipment, convenience store, bathing and laundry facilities, and other camping/travel services. 15 Zoning Code RECYCLING CENTER means a facility for the collection, storage and processing of recyclable materials including crushing, breaking, sorting, packaging and related operations. A "junk yard" is not a recycling center. RECYCLING COLLECTION STATION means a facility consisting of structures, bins, or other containers designed or intended for the collection and temporary storage of recyclable materials until they are picked up and transported to another location for processing and/or packaging. RECYCLING COLLECTION STATION (LIMITED) means a recycling collection station for the collection of glass, tin cans, aluminum, cardboard, newspaper, magazines, plastics, and other recyclables in small units, but not including large appliances, furniture, auto parts, tires, hazardous or liquid wastes, or any forms of domestic garbage (putrescible wastes). REHABILITATION means the upgrading ofa building from a dilapidated or substandard condition. RESIDENTIAL, AS SECONDARY USE means when permitted in a non-residential zone, a residential land use is not always accessory to other uses, but is considered secondary and subordinate to the principal uses of that zone. Residential uses are placed in locations that don't conflict with street level frontage locations that are reserved for retail, office and other business uses that comprise the primary function ofthat zone. (See design standards) RESTAURANT means a commercial use (excluding fast food establishments) which sells a variety of prepared food and beverages and provides accommodations for consuming those products on the premises. RESTAURANT, FAST FOOD means an establishment whose principal business is the sale of a limited variety of pre-prepared or rapidly prepared food and beverages directly to the consumer for consumption either on or off premises. Food is generally not served to the customers' tables, but is more often dispensed through a walk-up counter or drive-through take-out window. REZONE means a formal amendment to the Official Zoning Map of the City of Bremerton to change the zone designation of one or more lots. (also referred to as a Zoning Map Amendment) SENIOR CITIZEN means an individual of 55 years of age or older. SENIOR HOUSING COMPLEX means a planned residential community, intended and operated for occupancy by senor citizens, which consists of any mix of detached single family or duplex dwellings and/or retirement apartments, wherein, at least 80% of the occupied units are occupied by at least one Senior Citizen. SETBACK means the required horizontal distance between the finished exterior wall of a structure and the lot line of the lot on which it is located. 16 Zoning Code SETBACK, PERIMETER means the required distance between the allowed building envelope and the exterior lot lines of a Planned Unit Development. This does not apply to interior lots. SCHOOLS, PUBLIC means an institution ofleaming operated by a public school district and including colleges. This may include schools operated by a non-profit organization. SCHOOL, PRIVATE means privately owned and operated schools including private colleges, Montessori schools and similar. SCHOOL, PAROCHIAL means an institution having a curriculum equivalent to that ofa public school but supported and controlled by a recognized religious organization. SCHOOL, BUSINESS & TRADE means an institution providing instruction and training in a specific service, art, or trade such as secretarial, real estate, travel, auto or machinery repair, welding, etc. SIDEWALK VENDOR means a person(s) who sells edible or non-edible merchandise from a stand, booth, cart, basket, tray, table or other device on any sidewalk, street, highway or public place. They are not categorized as a land use. SIGN means any communication device, structure, or fixture which is intended to identify a building, use, business, or event; or to promote the sale of products, goods or services; using graphics, letters, figures, symbols, trademarks or written copy. Painted wall designs or patterns which do not represent a product, service or registered trademark, and which do not identify the user, are not considered signs. (See "Sign Provisions" of this code) SPECIFIED ANATOMICAL AREAS 1. Less than completely and opaquely covered areas of the human body: a. Genitals and/or pubic region; b. Buttocks; c. Breast below a point immediately above the top of the areola; 2. Human male genitals in a turgid state, even if completely and opaquely covered. SPECIFIED SEXUAL ACTIVITIES 1. Human genitals in a state of sexual stimulation or arousal; 2. Acts of human masturbation; sexual intercourse or sodomy; sadism and masochism; or other explicit sexual behavior. 3. Fondling or other erotic touching of human genitals, pubic region, buttocks or breast. STADIUMS AND SPORTS COMPLEXES means a large structure for open-air sports and entertainment generally consisting of tiered seating where people can sit and watch games. Field houses and facilities for serving food are often included. STORAGE YARD means an outdoor area where vehicles, equipment, merchandise, raw materials, or other items are accumulated and stored for an indefinite period until needed. Storage yards are often used in conjunction with a warehouse, storage buildings, sheds or other 17 Zoning Code structures and may be public or private. Unless a function of a government agency or public utility, storage yards are considered accessory to a business or other principal use. STORY means that portion ofa building that extends from the floor surface to the surface of the floor above or, in the case of a top floor, to the ceiling or roof above. If a finished floor level is more than six feet above the finished grade for more than fifty percent of the total perimeter, the area beneath that floor shall be considered a story. STREET means the improved section of any public or private right-of-way intended primarily for motor vehicle travel and which affords the principal means of access to abutting property, together with bicycle lanes, sidewalks, and related improvements. STREET, PRIVATE means a parcel at least 20 feet in width, created specifically to provide motor vehicle access to abutting properties, the owners of which share in its ownership and maintenance responsibilities. STRUCTURE means that which is built or constructed. STRUCTURE, ACCESSORY means a structure that is incidental and subordinate to a principal structure and which is customarily found in connection with the principal structure and located on the same lot or parcel. STRUCTURE, PRINCIPAL means a structure containing one or more principal uses, as permitted by the zone in which the property is located. STRUCTURE, TEMPORARY means a structure which does not have, nor is it required by the Uniform Building Code to have, a permanent attachment to the ground but is subject to building permits. TOWNHOUSE for purposes of this code, a townhouse is a single-unit structure in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another, and each is separated from any other unit by one or more common fire resistant walls. Ownership of each unit includes ownership of an individual parcel of land beneath the unit and usually includes a privately-owned outdoor area as well (private yard or open space). The remainder of the grounds, private streets or driveways, and recreational facilities are owned in common, similar to condo ownership. TRANSIENT PERSON means a temporary lodger who stays no longer than 30 days per visit. USE means the purpose or activity for which land or improvements are intended, occupied or maintained. USE ACCESSORY means a use that is incidental and subordinate to a principal use, which customarily is found in connection with the principal use, and which is located on the same lot or parcel such as a private garage, hobby shop, workshop, personal greenhouse, and required off- street parking. 18 Zoning Code USE, PRINCIPLE means the primary or main use conducted or allowed on a lot or parcel. USE, CONDITIONAL means a use that is not permitted "outright", but may be approved through a Conditional Use Permit process. Conditional Use shall have the same meaning as "Special Use" as employed in Bremerton Municipal Code. USE, SPECIAL means a use that is not permitted "outright", but may be approved through a Special Use Permit process. Special Use shall have the same meaning as "Conditional Use" as employed in Bremerton Municipal Code. USE, TEMPORARY means a use that may occur on a lot on a short term or seasonal basis for a prescribed period of time, which usually does not exceed a six-month duration during a twelve- month period. V ARIANCE means official permission to be relieved from specific development code requirements that cause an unusual or unreasonable hardship due to the physical characteristics of the site or existing improvements. VESTING a fully completed development application is "vested" at the time it is received by the permitting authority. The development may then be processed, permitted and carried out under the zoning, land division, and other regulations that were in effect when vesting occurred. VETERINARY CLINICS AND ANIMAL HOSPITALS means a facility providing routine and emergent medical attention to domestic pets and other animals. YARD means that portion of a lot that lies between a lot line (property line) and the building line. (See Figure 070(d).) FRONT YARD: The yard area extending the full width of the front of a lot between the front property line (lot line) and the front building line. REAR YARD: A yard extending the full width of the lot between the rear property line (lot line) and the rear building line. When irregular lots, through lots, and comer lots have no rear lot lines, they will have no rear yard areas as defined. SIDE YARD: A yard between the side lot line and the side building line and extending from the front yard to the rear yard. Triangular lots, comer lots, or other irregularly shaped lots may have only front and side yards. Through lots generally have two front yards and two side yards, but no rear yard as defined. YARD, CONSTRUCTION OR STORAGE See "Storage Yard". ZERO LOT LINE means the location of a building on a lot in such a manner that one of its sides rests directly on a side lot line with no setback. SECTION 3. Chapter 20.44 ofthe Bremerton Municipal Code entitled "General Development Standards" is hereby created to read as follows: 19 Zoning Code CHAPTER 20.44 GENERAL DEVELOPMENT STANDARDS 20.44.010 FRONT YARD (a) The front yard is the area extending the full width of the front of a lot between the front lot line and the front building line. Structure intrusions into front yard setbacks are prohibited except: (1) Eaves, cornices, awnings, bay windows, architectural appendages, fireplaces, chimneys and may project not more than two (2) feet into the front yard setback; (2) Decks, platforms, porches, steps, walkways, and driveways that do not exceed thirty inches (30") in height above the finished grade; (3) Raised decks, high or enclosed porches, balconies or similar architectural appendages that extend more than thirty inches (30") above finished grade may project not more than six feet (6') into the front yard setback; (4) Free standing signs may project not more than six feet (6') into the front yard setback; and (5) Fences and free-standing walls; (b) Requirements for lots with more than two (2) front yards (1) Through Lot: have two (2) front property lines parallel or approximately parallel to each other. Front yard setbacks shall apply to each. The Director may designate one of the front property lines a rear property line provided the following criteria are met: (i) Orientation ofthe lot or structure shall be considered; (ii) At least 60 percent of the lots/ or structures within the neighborhood block, or area being considered, are oriented in a similar direction away from the lot line being designated as a rear lot line; (iii) In the case of waterfront properties, the portion of a lot facing views or waterfront may be designated the front lot line, in which case the only street frontage could be designated its rear lot line. (2) Comer Lots: have abutting streets that intersect. The front yard setbacks shall apply to each front property line. 20.44.020 TRADITIONAL FRONT YARD In residential zones, front yard areas the Director may modify the front yard setback according to the following criteria. (a) When sixty (60) percent or more of the houses or garages/ carports within a numbered block on the same side ofthe street as the subject property are setback less than the required zoning front yard setback, the average setback of the existing nonconforming structures may be used to establish the minimum front yard of all properties fronting on that side of the street; (b) No new structure may be setback less than five (5) feet from the front of the structures on the adjoining lots; and (c) The minimum front yard setback shall not be less than five (5) feet. 20.44.030 SIDE YARD 20 Zoning Code The side yard is the area extending between the side lot line and the side building line and extends from the front yard to the rear yard. Triangle lots, comer lots and other irregular lots may have only front and side yards and no rear yards. Structure intrusions into a side yard are prohibited except as follows: (a) Eaves, cornices, awnings, fireplaces, and chimneys may project not more than two (2) feet into the side yard setback; (b) Platforms, steps, walkways, and driveways (does not include parking spaces) that do not exceed thirty inches (30") in height above the finished grade; and (c) Fences and freestanding walls. 20.44.040 REAR YARD The rear yard is the area extending the full width of the lot between the rear lot line and the rear building line. Structure intrusions into a rear yard setback are prohibited except: (a) Eaves, cornices, awnings, architectural appendages, fireplaces, chimneys and permitted signs may extend no more than two (2) feet into the required rear yard area setback, and are no closer than three (3) feet from any lot line. (b) Decks, platforms and open uncovered porches provided they do not exceed thirty- (30) inches in height above the finished grade and are no closer than three (3) feet from any lot line. (c) Fences, freestanding walls, steps, walks and driveways. 20.44.050 ALTERNATIVE SETBACKS The Director may approve alternative setbacks that generate a public benefit provided the following criteria are satisfied. (a) Total site area within setbacks shall be equal to or exceed that created by adherence to the standard setbacks; (b) There shall be a finding of public benefit that is consistent with the goals and policies of the Comprehensive Plan. An example of public benefit includes but is not limited to reduction of setback adjacent to a street or other public right of way in exchange for increased setback from a development-sensitive environment such as a wetland or an existing incompatible land use; and (c) The development plan shall not be inconsistent with the intent of any provision of the Zoning Code. 20.44.060 ACCESSORY STRUCTURE SETBACKS (a) Accessory structures shall observe the front yard setbacks requirements of the zone in which they are located. (b) Accessory structures in Residential zoning districts may be constructed no closer than three (3) feet from the side or rear property lines that adjoin other property. No setback is required if the side or rear property line adjoins an alley. (c) Accessory structures for the keeping of livestock or fowl shall conform to the requirements of Bremerton Municipal Code, Chapter 7.08.700. (d) Accessory structures on adjacent lots, that are not attached to their principal or any other structures, may be attached to each other at a side or rear property line (zero-lot-line) with approval of a Special Use Permit and if designed in accordance with IBC requirements for such structures. 21 Zoning Code 20.44.070 MEASURING THE HEIGHT OF A STRUCTURE The height of a building or structure shall be measured as the distance from the average final grade to the highest point of the structure. Exceptions: Penthouse for elevators, firewalls, chimneys, and flagpoles, may exceed maximum height limits. None of these exceptions to the height regulations shall be used for advertising of any kind. 20.44.080 CALCULATING LOT AREA Lot area shall include all areas within the exterior lot lines exclusive of water areas. Lot widths, depths and setbacks on shoreline lots are measured from the ordinary high water mark. 20.44.090 ROUNDING OF FRACTIONS OF DWELLING UNITS The number of dwelling units allowed on property using density calculations is determined by dividing the lot size by the number of square feet permitted per dwelling unit. When this number results in a fraction, round up to the next whole number (unit) when the fraction of whole number is at least 0.66. 20.44.100 FLAG LOTS A flag lot is defined as a lot with access to a street by way of a narrow strip of land. The lot consists of two parts: the "flag" or main body ofthe lot and the "panhandle" or the narrow access way connecting the lot to the street. (a) When creating new lots the following standards shall apply: (1) The minimum lot size shall be 150 percent of the minimum lot size of the underlying zone; (2) The "panhandle" shall have a minimum width of twenty (20) feet wide; (3) The minimum lot width and depth of the "flag" shall be the same as the underlying zone; (b) Flag lot dimensions shall be measured from the mid-point between two opposite lot lines of the "flag" body of the lot. (c) The yard setbacks shall be the same as underlying zone setbacks, except the front yard setback area shall be applied per the following diagram. 22 Zoning Code FLAG LOT FRONT YARD SETBACK Shaded Area = Setback ~ Street (d) In those case where BMC 20.44.1 OO( c) cannot be applied, the property line that most closely parallels the street from which the lot gains its access shall be deemed the front lot line and front yard setbacks shall be measured from that line. (e) The access way or driveway shall be under the same ownership as the body of the flag lot. An easement shall not be used as a method of providing access to the body of the flag lot. (f) The panhandle shall provide access to a paved and dedicated public right-of-way or a private street. Flag lots shall not be created in order to avoid providing turnarounds per City engineering street standard. SECTION 4. Chapter 20.46 of the Bremerton Municipal Code entitled "Special Development Standards" is hereby created to read as follows: CHAPTER 20.46 SPECIAL DEVELOPMENT STANDARDS 20.46.010 ACCESSORY DWELLING UNITS An Accessory Dwelling Unit (ADD) may be installed where an existing or new single- family dwelling unit (hereafter principal unit) is allowed. Accessory Dwelling Units are exempt from density requirements and shall be subject to the following specific development, design and owner-occupancy standards. (a) The ADU shall comply with the development standards ofthe underlying zone for the principle unit including setbacks, height, and lot coverage. (b) The ADU may be attached to, or detached from, the principle unit. (c) Only one ADU may be created per residence. (d) The property owner, which shall include titleholders and contract purchasers, must occupy either the principle unit or the ADU as their permanent residence, but not both, for at least six (6) months out of the year. (e) The ADU shall be limited to not more than: (1) Forty (40) percent of the principle unit's total floor area (not including basement); (2) 800 square feet maximum, nor less than 200 square feet; (3) Two (2) bedrooms. 23 Zoning Code (f) The ADU shall be designed so that, to the degree reasonably feasible, the appearance of the building remains that of a single-family residence including the following: (1) Constructed of the same materials and siding as the principle unit; (2) The roof shall be of equal or greater pitch as the principle unit; (3) Shall not have a height greater than the principle unit. (g) The principle entrance to the ADU shall be located in such a manner as to be unobtrusive from the same view of the building, which encompasses the entrance to the principle unit. (h) Accessory Dwelling Units with up to one bedroom shall provide one (1) off-street parking space, and ADUs with two-bedroom shall provide two (2) off-street parking spaces in addition to that which is required for the principle unit. (i) When development of the ADU is for people with disabilities, the Director may allow reasonable deviation from the stated requirements to install features that facilitate accessibility such as those required by the International Building Code. (j) The ADU shall have a deed restriction recorded with the Kitsap County Auditor to indicate the presence of the ADU, the requirement of owner-occupancy, and other standards for maintaining the unit as described above. (k) Cancellation of an ADU's registration may be accomplished by the owner filing a certificate with the Director for recording at Kitsap County Auditor, or may occur as a result of enforcement action. 20.46.020 FENCES AND WALLS (a) Fences and walls shall observe the following height and setback requirements: (1) Residential Zones: (i) Maximum height shall be six (6) feet. (ii) Maximum height within the front yard setback area shall be three (3) feet; except an open mesh cyclone type fence may not exceed a height of 48 inches. (iii) On comer lots with a specified front yard setback on each street frontage, the Director can determine that the street frontage of the residence's principal orientation is a "primary frontage" and may permit a six (6) foot maximum height fence in the yard on the other (secondary) frontage only if all of the following conditions are met: a. The higher fence will not block any existing front yard views from an adjoining residence with its principal orientation to that same street; b. The higher fence will not be closer to the residence's front property line on the street of principal orientation than the closest part of the front facyade of the residence; c. The higher fence will not encroach into the front yard of the primary frontage where the maximum height limit in BMC 20.46.020(a)(I)(ii) takes precedence. (2) Commercial Zones: (i) Maximum height shall be eight (8) feet. (ii) Maximum height shall be six (6) feet when adjacent to a public right-of-way, or to a residential zone. (3) Industrial Zone: (i) Maximum height shall be ten (10) feet. 24 Zoning Code (ii) Maximum height shall be six (6) feet when adjacent to a public right-of-way, or to a residential zone. (b) A Type II Special Use Permit may be granted for fences or walls up to eight (8) feet high in a side or rear yard only if all of the following criteria are met: (1) The fence or wall is necessary to provide privacy and security between a residential and a non-residential use; and (2) The design of the fence will present a "finished" appearance on its outside face. (c) Fences and walls shall not block or hinder the sight distance of traffic. Exact location and design of a fence or wall is subject to the approval of the City Engineer when visibility or public safety is an issue. (d) No electric or electrified fences shall be permitted within the City of Bremerton. (e) Barbed wire or similar wire protective devices are permitted only in industrial zones above a height of six (6) feet provided that adjoining a residential zone, devices may be allowed by a Type II Special Use Permit only ifthe following criteria are met: (1) The applicant demonstrates that the protective device cannot be installed outside of the specified setback without significantly diminishing the utility of the industrial property; (2) The protective device will be designed to minimize adverse aesthetic impact to the residential use by installing the device behind the top of a fence or wall or screening the device with landscape; and (3) The applicant demonstrates that the protective device is necessary to provide additional security along the residential property line to protect the industrial premises. (1) Notwithstanding the provisions of (a)(I)ii above, architectural appurtenances such as trellises or entry gates that define a walkway or driveway entry are allowed in a front yard up to ninety (90) inches high, provided that: (1) No individual structural support for such features shall be more than twelve (12) inches square in section, (2) Any gate shall not obscure more than 20% of visibility to the yard as viewed perpendicular to the gate's installation, and (3) Any entry feature greater than three (3) feet in height shall not be more than six (6) feet wide for a walkway entry or more than sixteen (16) feet wide for a driveway entry. 20.46.030 HOME OCCUPATION Home occupations are permitted in a residential dwelling unit subject to the following limitations. (a) The business shall clearly subordinate to the use of the dwelling unit for residential purposes. (b) The business shall be wholly situated indoors. (c) No person shall be employed in the home occupation unless a resident of the dwelling unit; (d) There shall be no exterior display, storage or other exterior indication of the existence of the home occupation, except as allowed by the underlying zone; 25 Zoning Code (e) One additional off-street parking space meeting shall be provided in addition to the number of spaces already required. The Director may waive this ifthe home occupation involves Internet services that do not require customers or deliveries at the residence. (f) Any sales of product shall be limited to those produced on the premises, except products produced elsewhere may be allowed provided the business is primarily involved in the product's distribution and does not attract buyers to the property for retail or wholesale sales. (g) Sales and services to patrons shall be arranged through appointment so that only one patron vehicle is on the premises at the same time. (h) Not more than fifty (50) percent of the gross floor area of the dwelling unit may be devoted to the home occupation use. (i) The garage shall not be used in the business unless the required off-street and customer parking can be adequately accommodated elsewhere on the site. (j) Home occupations involving non-automotive engine and equipment maintenance or servicing, beauty or barbershops, or the selling of products that are not produced on the premises shall require a Type II Special Use Permit. (k) Automotive painting, body, and engine repair, small engine repair services and any activity likely to produce excessive noise are prohibited as home occupations. (1) Persons engaged in legal home occupations on the effective date of this chapter shall be considered legal, provided the operation is consistent with all of the above-listed performance standards. Any home occupation that was legally established but does not conform to all those standards may not expand or enlarge and shall terminate that use upon (1) change of use or ownership of the property or (2) written complaint of adjacent or nearby property owners, after due notice and hearing, if the Director determines that the home occupation is interfering with the use and enjoyment of the neighboring premises and is not compatible with the residential environment in which it is located. 20.46.040 MANUFACTURED HOMES (a) Manufactured homes are permitted on one individual parcel, lot, or tract in residential zones. The following shall apply to manufactured homes. (1) Manufactured Home Certification: The Washington State Department of Labor and Industries or the U.S. Department of Housing and Urban Development shall approve all manufactured homes and have the appropriate insignia affixed to the unit, in accordance with the provisions ofRCW 43.22; (2) Is comprised of at least two fully enclosed parallel sections each of not less than twelve feet wide by thirty-six feet long; (3) Shall be set upon a permanent foundation, as specified by the manufacturer, and that the space from the bottom of the home to the ground be enclosed by concrete or an approved concrete product which can be either load bearing or decorative; (4) Shall comply with all local design standards applicable to all other homes within the neighborhood in which the manufactured home is to be located; (5) The home is thermally equivalent to the state energy code; (6) Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of nominal 3: 12 pitch; and (7) Has exterior siding similar in appearance to siding materials commonly used on conventional site-built uniform building code single-family residences. 26 Zoning Code (b) A manufactured home which was legally placed and maintained prior to the date of adoption ofthis chapter, and does not meet the requirements of this chapter, shall be deemed to be a non-conforming structure. If a legal non-conforming manufactured home is partially or wholly destroyed, replaced, or altered, it shall be required to meet the relevant requirements set forth in the nonconforming provisions of this title. (c) The Building Official or designee shall inspect the installation of manufactured homes prior to occupancy and issue certificates of occupancy for manufactured homes. If all requirements are met, a certificate of occupancy shall be issued. No manufactured home shall be occupied until after the City issues a valid certificate of occupancy. (d) If a manufactured home is replaced by another manufactured home, a new certificate of occupancy shall be required for the installation of a manufactured home after the date of adoption of this ordinance. 20.46.050 RECREATIONAL VEHICLES A Temporary Use Permit is required for any recreational vehicles parked on a vacant lot not containing a principle use as defined under this Title. The following conditions shall apply to the permit: (a) A recreational vehicle shall be limited to no more than 30 days during any 12 consecutive month period; (b) No more than two (2) temporary use permits may be issued for a parcel during any 12 consecutive month period; (c) The recreational vehicle owner shall have the written permission of the property owner on whose property it is located; (d) The recreational vehicle must be legally parked on the property (not in the street); (e) The recreational vehicle cannot occupy any required off-street parking spaces; (f) The recreational vehicle must be self-contained and all garbage and sanitation shall be disposed of in a manner approved by the City. 20.46.060 DISH ANTENNAS (a) A ground-mounted dish antenna is subject to the setback requirements of the underlying zone. (b) Dish antennas may not be placed above the maximum underlying zoning district height. (c) All dish or other parabolic antenna having a collector dish diameter of six feet or greater shall be ground-mounted, except as provided for otherwise. An antenna having a dish diameter smaller than six feet may be pole-or roof-mounted in a location that has the least visual impact on surrounding properties and views while maximizing the effectiveness ofthe antenna's operation. 20.46.070 ADAPTIVE REUSE OF PUBLIC AND SEMI-PUBLIC BUILDINGS The intent ofthese provisions is to provide opportunities for reusing functionally.obsolete public and semi-public buildings that are structurally sound. The adaptive reuse shall not be granted ifthe new use adversely affects adjacent properties. Consideration shall be given to the relative intensity of the proposed use compared to the intensity of the planned land use environment. 27 Zoning Code (a) A Type III Special Use Permit is required when an adaptive reuse is for a building located within a residential zone. The adaptive reuse shall meet the following criteria in order to be granted approval. (1) New traffic shall be adequately accommodated within the existing levels of service on the surrounding neighborhood streets. (2) Adequate provisions for off-street parking are made. The Hearing Examiner may reduce the number of off-street parking spaces if commute trip reductions methods are employed and the adaptive reuse do not generate an increase in on-street parking demand. (3) The new use does not generate noise that exceeds City standards for residentially zones. (4) Adequate street trees and landscaping are incorporated in a manner that buffers the adaptive reuse from adjacent residential uses and makes it more compatible with the surrounding neighborhood. (5) Additional conditions may be applied including, but not limited to, limiting hours of operations, density, restrictions for noise attenuation and other conditions deemed necessary to ensure compatibility with surrounding residential uses. (6) The subject building must have been constructed for a stated public or semi-public use and operated as such for a minimum offive (5) years. For the purpose of this section public and semi-public building" shall include public schools, fire stations, libraries, churches, hospitals, and post offices. (b) The following uses may be approved for adaptive reuse: (1) Residential as a secondary use; (2) Foster Homes; (3) Daycare facilities; (4) Group Residential Facilities, Class I (Assisted Living); (5) Youth, Teen, Senior, Community or Neighborhood Centers; (6) Medical and dental clinic and related services (not hospitals); (7) Schools, and religious worship facilities; (8) Library; (9) Museum and Art Gallery; (10) Consultants (Architect, Engineering, Planning, Design and similar); (11) Computer assistance and training (but not repair); (12) Officelbusiness assistance services, Call Centers, and general offices. 20.46.080 MINERAL RESOURCE EXTRACTION The purpose ofthis section is to preserve opportunities for mineral extraction while protecting the health and safety of the community. (a) Mineral resource extraction for soil, and, gravel, quarried stone or ore may be allowed if a Type III Special Use Permit is approved. The owner or agent of the quarry shall submit to the City copies of all documents submitted to the Washington Department of Natural Resources with the application. (b) At a minimum the following performance standards shall apply. (1) A fence eight (8) feet in height shall be installed around the mineral extraction area and all accessory operations. 28 Zoning Code (2) When a subject property is adjacent to developed properties or public rights-of-way, a four (4) foot high landscape sight-obscuring barrier shall be installed that will grow to not less than eight (8) feet high within three (3) years. If soil and terrain make landscaping impractical, an eight (8) foot fence or wall that completely screens the property from other uses and the public streets shall be installed. (3) The following are the minimum distances to be measured from adjacent property lines or public rights-of-way. To be on case by case Shoreline Area 100 feet 300 feet To be determined on case by case Industrial 20 feet 200 feet 400 feet Residential 300 feet 500 feet To be determined on case by case, with a minimum 1,000 feet All other land 100 feet 300 feet To be determined on uses case by case (4) When a pit exceeds a depth of twenty (20) feet, all dense undergrowth shall be removed from the soil cover for a distance of fifty- (50) feet from the edge of the pit. (5) No smoke, dust, dirt, fly ash, other airborne particulate matter, toxic or odorous gasses, liquid or solids shall be emitted in quantities that adversely affect surrounding properties. (6) The provisions set forth in BMC Chapter 6.32 shall apply as applicable. (7) Upon the termination of quarrying operations at a pit that exceeds a depth of five (5) feet, shall be backed fill to a minimum slope of one (1) foot vertical to one (1) foot horizontal. (8) The site shall be restored after quarrying activities are completed. A landscaping and site reclamation plan shall be required with the Special Use Permit and the City may require a security guarantee for restoration. 20.46.090 SENIOR HOUSING COMPLEX A Type III Special Use Permit may allow senior housing complexes in any zone, except industrial zones, subject to the following standards: (a) The site shall have access to an arterial street; (b) Minimum site area shall be no less than two (2) acres; (c) Minimum setbacks, density, height and lot coverage of the underlying zone shall apply; (d) Off-street parking shall be a minimum one (1) space per dwelling unit; (e) Except for a community building / clubhouse for the exclusive use of complex residents, all accessory uses shall be located within a structure containing residential units; 29 Zoning Code (t) Attached or detached structure types are permitted and dwelling units may be owned by individuals or occupied as rentals; (g) Access to alternative transportation such as public transit or on-site shuttle services to access daily goods and services shall be provided; and (h) A management agreement or covenants on individual properties to maintain the complex, as a senior citizen complex, shall be recorded with the Kitsap County Auditor's office. 20.46.100 RECYCLING COLLECTION STATION The following standards apply to collection stations intended for public use. They are not mandatory (but may be applied voluntarily) for private on-premise collection and storage of recyclables by owners or tenants of residential properties, businesses or organizations. Such on- premise collection and storage is considered accessory to the principal use of the property and not available to the general public. (a) Areas to be used in the collection operation must have asphalt or concrete surface and shall be landscaped to the same standards that apply to any other development or use within the subjectzone. (b) The facility shall be closed to public access between the hours of 8:00 p.m. and 6:00 a.m. in residential zones. (c) A sight-obscuring fence or wall built to the maximum allowed height ofthe zone shall be constructed and maintained along the sides and rear of the facility. Chain-link type fences and gates are permitted along front lot lines. (d) The facility may be lighted for use during hours of darkness, but shall not be lighted between the hours of 8:00 p.m. and 6:00 a.m. in residential zones. (e) The site shall be monitored and maintained in a clean, safe and healthful manner. 20.46.110 ADULT ENTERTAINMENT PROVISIONS This section regulates the location and spacing of adult businesses. The purpose of these regulations is to reduce conflicts between adult businesses and certain uses. The intent is to protect the City from the blighting impacts of concentrations of adult businesses while assuring the full enjoyment of all the constitutionally guaranteed rights of the general public. (a) Adult businesses shall be permitted only in the General Business and Business Core commercial zoning districts. (b) A Special Use Permit is required subject to the following criteria: (1) Not adjacent to a residential zone. (2) Prohibited within five-hundred (500) feet of any parcel of real property on which is located any of the following facilities: (i) A school primarily attended by minors; or (ii) A church which conducts religious education classes for minors; or (iii) A public park, public beach, or public recreation facility frequented by minors; or, (iv) An athletic or recreational center which caters to or is attended in substantial part by minors; or, (v) Video game establishments; or, (vi) Convenience markets; or, (vii) Downtown Shoreline District east of Washington Street between 1 st Street and 6th Street. 30 Zoning Code (3) No new or relocated adult business shall locate within five hundred (500) feet of any other adult business. (c) Standards of Measurement: Distances shall be measured in a straight line, without regard to intervening structures from the closest point of lot, parcel, or tract on which a structure is occupied or is proposed for occupancy by an adult business to the nearest portion of a lot, parcel, or tract which a use, facility, or structure, or the closest portion of a structure containing another adult business. 20.46.120 OUTDOOR STORAGE AREAS All uses that include outdoor storage areas and all refuse containers shall, in addition to any underlying zoning requirements, meet the following criteria. (a) It shall be surrounded by a six- (6) foot high solid wall or sight-obscuring fence. The wall or fence shall be considered a structure and shall conform to the setbacks of the underlying zone. (b) Outdoor storage of materials shall not exceed six- (6) feet in height when visible from a public right-of-way. (c) Outdoor storage yards shall meet landscaping requirements for non-residential uses. 20.46.130 OUTDOORS LAND USES In addition to other applicable development requirements, outdoor oriented land uses such as sales lots, impound lots, outdoor storage yards, and similar activities shall have all parking and storage areas developed with a paved surface, which is durable, and able to withstand all weather conditions. SECTION 5. Chapter 20.60 of the Bremerton Municipal Code entitled "Low Density Residential (R -10)11 is hereby created to read as follows: CHAPTER 20.60 LOW DENSITY RESIDENTIAL (R-10) 20.60.010 INTENT The intent of the Low Density Residential zoning district is to accommodate single- family housing by infilling at a range of lot sizes consistent with urban growth patterns. Some attached single-family housing may be appropriate when responding to sensitive areas. Residential development at higher densities is encouraged at the edge of designated centers and corridors, and within planned developments of 10 acres or larger. 20.60.020 SINGLE USE PER LOT Only one principle use shall be allowed on each residentially zoned lot unless allowed for otherwise as provided by law. This limitation shall not include permitted accessory uses associated with a permitted principle use. 20.60.030 PERMITTED USES The following uses are pennitted outright: (a) Single-unit Dwelling Unit - Detached; 31 Zoning Code (b) Single-unit Dwelling Unit - Attached (Zero Lot Lines) per BMC 20.60.070(b); (c) Manufactured Home per BMC 20.46.040; (d) Foster Home; (e) Day Care Facility (12 or fewer persons receiving care); (f) Group Residential Home; (g) Private Schools (K - 12) (12 or fewer students); (h) Religious Worship & Related Facilities (20,000 square feet or less); (i) Parks and playgrounds equal or less than 0.5 acres (21,780 square feet); (j) Cemetery; (k) Underground water, sewer, storm water and utility facilities; (1) Co-location of wireless communication per BMC 21.02.335; 20.60.040 ACCESSORY USES The following accessory uses may be permitted when found in connection with a principle use. (a) Attached or detached Accessory Dwelling Unit per BMC 20.46.010; (b) Detached garage, carport, and parking facilities for the residents of the property; (c) Playhouses, patios, cabanas, porches, gazebos, swimming pools and incidental household storage buildings; (d) Home Occupation per BMC 20.46.030; (e) Other necessary and customary uses determined by the Director to be appropriate, incidental and subordinate. 20.60.050 CONDITIONAL USES A Conditional (Special) Use Permit, which is approved pursuant to BMC Section 21.02.905, may permit the following uses subject to meeting the corresponding conditions. (a) Bed & Breakfast provided: (1) The individual or family who operates the facility must also occupy the house as their primary residence; (2) No more than one (1) Full Time Equivalent (FTE) person employed by the bed and breakfast residence who is not a resident of the dwelling; (3) The facility is limited to a maximum of six (6) bedrooms available for rent to guests. All guest rooms shall be contained within the principal structure; (4) Two (2) off-street parking spaces, plus one (1) space per each bedroom made available to guests, is required. (5) The Director may reduce the number of required off-street parking spaces provided the applicant can demonstrate that parking will not spill over into the neighborhood. (6) No guest shall stay for more than fourteen (14) days within any thirty (30) day period; (7) The facility shall not be used for commercial receptions, parties, or other public gatherings, or for the serving of meals to non-resident guests for compensation; (8) The residential structures may be remodeled for the purpose of i! Bed & Breakfast provided the design changes remain residential in nature and the structure is not altered in such a manner that would prevent the structure from being used as a residence in the future; 32 Zoning Code (9) The Director may allow one sign up to eight (8) square feet to advertise the Bed & Breakfast provided the sign is designed to match the architectural features of the primary residential structure. (b) Group Residential Facilities Class I provided: (1) All state licensing requirements are satisfied; (2) Located on a collector or higher street; (3) Minimum setbacks, height and lot coverage of the underlying zone shall apply; (4) Off-street parking shall be at a minimum of one (1) space per each employee during the peak shift plus one (1) space per two (2) residents the facility will provide service to; (5) If counseling services are provided to non-residents, additional parking spaces are required at one (1) per 300 gross floor area used for counseling services; (6) The Director may reduce the number of required off-street parking spaces provided the applicant can demonstrate that parking will not spill over into the neighborhood; (7) Landscaping meeting the minimum requirements for non-residential uses set forth in BMC Chapter 21.02.700 through 21.02.760. Additional landscaping may be required if the Director deems it necessary to buffer any impacts to adjoining residential properties; (c) Senior Housing Complex provided the conditions set forth in BMC Section 20.46.090 are satisfied. (d) Nursing/ Convalescent Homes provided: (1) All state licensing requirements are satisfied; (2) Located on a collector or higher street; (3) Minimum site area shall be no less than one (1) acre; (4) Minimum setbacks, height and lot coverage of the underlying zone shall apply; (5) Off-street parking shall be a minimum of one (1) space per 600 square feet of gross floor areas. The Director may reduce off-street parking space requirements provided the applicant can demonstrate that parking will not spill over into the neighborhood. (6) Landscaping meeting the minimum requirements for non-residential uses set forth in BMC Chapters 21.02.700 through 21.02.760. Additional landscaping may be required if the Director deems it necessary to buffer any impacts to adjoining residential properties. (e) Day Care Facilities (13 or more persons receiving care) provided: (1) All state licensing requirements are satisfied; (2) Located on a collector or higher street; (3) Off-street parking shall be a minimum one (1) space per each 5 children based on the state license maximum occupancy load. All resulting fractions in determining parking spaces shall be rounded up to the next whole number; (4) One loading! unloading space without back up is required for the first 20 children and one additional space for up to each additional 20 children; (5) The Director can reduce off-street parking and! or loading! unloading spaces provided the applicant can demonstrate that parking will not spill over into the neighborhood; (6) Landscaping meeting the minimum requirements for non-residential uses set forth in BMC Chapters 21.02.700 through 21.02.760. Additional landscaping may be 33 Zoning Code required if the Director deems it necessary to buffer any impacts to adjoining residential properties; (7) The Director may approve increasing the maximum height of a fence/ wall to 6 feet provided it enhance safety and security around the outdoor play area. (f) Adaptive Reuse of Public and Semi-Public Buildings are allowed pursuant to the conditions set forth in BMC Section 20.46.070. (g) Manufacture Home Park or Expansion of Existing Parks provided: (1) It is exempt pursuant to RCW 58.17.040 from requirements for property segregation. (2) The minimum site size shall be five (5) acres. (3) Density shall meet the underlying zone. (4) Adequate water, sewer, and utility services are available to all building sites. (5) A fire protection system meeting the requirements of the City fire Marshall is provided. (6) Interior circulation shall meet the City road standards plus the following standards: (i) All interior circulation routes shall be constructed within a tract or easement; (ii) Roads and driveways shall be paved with an all weather surface. Gravel roads and driveways are not allowed; (iii) The City fire Marshall shall approve all fire turnarounds. (7) The following setbacks shall apply to manufactured homes or mobile homes, together with their additions and appurtenant structures, accessory structures, and other structures on the site (excluding fences), excluding any hitch or towing fixture: (i) From interior roads: 15 feet from centerline of tract or easement, but in no case not less than five feet from the paved surfaced edge; (ii) Structures near the perimeter lot lines ofthe property shall comply with the setbacks of the underlying zone; (iii) A minimum of ten- (10) foot separation between all manufactured homes. (8) Off-street parking spaces shall be provided in the following manner: (i) One (1) parking space per home site; plus (ii) One (1) parking space for each five home sites for guest parking; plus (iii) Additional parking spaces to provide for the parking needs of offices, community buildings, recreational facilities, or other uses within the park that may be used by park residents or others. (9) Outside storage of vessels (boats), household items and equipment is prohibited, except a common central storage area may be provided for residents of the park. The storage area shall be screened by a minimum 5-foot high by 5-foot wide sight-obscuring barrier consisting of landscaping and fencing or wall, and shall meet minimum setbacks of the underlying zone. (10) Ten- (10) percent of the site shall be maintained as common recreational open space for the use of residents. Recreational open space may include community areas and facilities such as playgrounds, swimming pools, hobby and craft shops. It shall not include 34 Zoning Code required landscaping areas, perimeter setback areas, parking areas, storage areas, building separation areas or other areas deemed impractical by the Director for the recreational enjoy of the residents. (11) Trees meeting the standards set forth in BMC Chapter 21.02.710 shall be provided along all property lines abutting a residential zone or public street. One tree per each twenty- five (25) lineal feet of property line is required. The Director may allow exceptions when a property line abuts an alley or is obstructed by a building or other structure. (12) Adequate lighting to illuminate streets, driveways, and walkways for the safe movement of pedestrians and vehicles is required. (13) All water, sewer, electrical, and communication service lines shall be underground. (h) Religious Worship & Related Facilities greater than 20,000 square feet provided: (1) Located on a collector or higher street; (2) The minimum site area shall be no less than one (1) acre; (3) Landscaping meeting the minimum requirements for non-residential uses set forth in BMC Chapters 21.02.700 through 21.02.760. Additional landscaping may be required if the Director deems it necessary to buffer any impacts to adjoining residential properties. (i) Golf Course. Site plan review pursuant .to BMC Section 21.02.930 is required. The purpose ofthe Conditional Use Permit is to allow modifications to parking, landscaping, and other development requirements necessary to mitigate impacts and ensure compatibility with the surrounding neighborhood. Golf Courses shall have access provided from an arterial street or highway. (j) Schools, Parks and Associated Facilities: The following schools, parks and associated facilities may be allowed by a Conditional Use Permit provided the proposal meets the Criteria for Approval: . All public schools and associated gymnasium and auditorium: . Private schools (K-12) with 13 or more students; . parks and playgrounds greater than 0.5 acres; . Outdoor Athletic Fields; Boat Launching and related facilities . Maintenance & Service Yards . Bus and other vehicle and equipment maintenance and storage facilities . Administrative office related to the facilities if greater than 2,000 square feet . Buildings and Structures for nonprofit groups on public lands; Criteria for Approval: (1) Front, side and rear yard setbacks shall be increased to at least 30 feet. Setbacks may be reduced for structures located near interior streets. (2) Landscaping meeting the minimum requirements for non-residential uses set forth in BMC Chapter 21.02.700 through 21.02.760. Additional landscaping may be required if the Director deems it necessary to buffer any impacts to adjoining residential properties. (3) Additional measures may be requirements if deemed necessary to mitigate any noise impacts to adjacent residential uses. The Director may approve increasing the maximum height of a fence/ wall to 6 feet provided it enhance safety and security around the outdoor play area. 35 Zoning Code (k) Water, Sewer, Storm Water and Utility Facilities located above ground provided: (1) Landscaping meeting the minimum requirements for non-residential uses set forth in BMC Chapter 21.02.700 through 21.02.760. Additional landscaping may be required if the Director deems it necessary to buffer any impacts to adjoining residential properties. (2) The Director may approve modifications to the maximum height of fence/ wall that will provide screening from adjacent uses and enhance safety and security around the facility. (3) Exceptions to setbacks may be allowed where the applicant can demonstrate that a public interest is provided. (1) Law Enforcement and Fire Facilities provided: (1) Landscaping meeting the minimum requirements for non-residential uses set forth in BMC Chapter 21.02.700 through 21.02.760. Additional landscaping may be required if the Director deems it necessary to buffer any impacts to adjoining residential properties. (2) The Director may approve modifications to the maximum height of fence/ wall that will provide screening from adj acent uses and enhance safety and security around the facility. 20.60.060 PROHIBITED USES Uses other than those identified under this chapter, unless specifically allowed otherwise, are prohibited. 20.60.070 DEVELOPMENT STANDARDS (a) Lot development requirements shall be in accordance with the following standards unless allowed for by law otherwise. Maximum Minimum Setbacks Front Yard Side Yard Rear Yard Lot Area Minimum Maximum Height Maximum Lot Coverage Maximum Notes: 1. minimum lot size is reduced to 3,000 square feet within planned unit developments of 10 or more acres and within centers designations as defined within the Bremerton Comprehensive plan (b) Zero Lot Line (ZLL) development is allowed along side property lines for attached single-family dwelling units and! or detached garages provided the opposite side yard setback is at least 10 feet. Zero Lot Line development along a rear property line is allowed for attached single-family dwelling units. (c) The following standards shall apply to attached garages and detached accessory structures. 36 Zoning Code Garage/ Carport Area (attached square gross and detached) plus 10 percent of the square footage of the gross floor area of the residential use In no case shall the gross floor area exceed 1,000 square feet. Area of all accessory structures Maximum 50 percent ofthe gross floor area including attached and detached square footage of the principal use garages, carports, barns, covered or 500 square feet, whichever is patios, cabanas, gazebos, and greater; subject to maximum lot incidental household storage coverage buildings; except excluding accessory dwelling unit approved per BMC 20.04.010 Height of detached accessory Maximum Not to exceed the height ofthe structures (including garage) principal structure Setback of detached accessory Per BMC 20.44.100 structures (d) When the garage vehicle door entrance faces the street, it shall have a front yard setback of at least 20 feet, except as provided in BMC 20.03.020 (Traditional Front Yard Setbacks). (e) Parks and schools may exceed maximum lot area requirements if approved through a Conditional Use Permit. 20.60.080 OFF-STREET PARKING REQUIREMENTS Off-street parking shall be provided in accordance with Chapter 21.02.670. 20.60.090 LANDSCAPING REQUIREMENTS Detached single-family and attached-single family dwellings are exempt from landscaping requirements. All other use shall comply with the landscaping requirements set forth in BMC Chapters 21.02.700 through 21.02.760. SECTION 6. Chapter 20.62 of the Bremerton Municipal Code entitled "Commercial Corridor (CC)" is hereby created to read as follows: Chapter 20.62 COMMERCIAL CORRIDOR (CC) 20.62.01 0 INTENT The intent ofthe Commercial Corridor district is to provide locations for high intensity commercial uses serving the entire community while preserving maritime views, forested areas, and buffering impacts to adjacent residential areas. The corridor accommodates access to businesses by automobile while also creating a pedestrian friendly, transit supporting corridor. 37 Zoning Code 20.62.020 PERMITTED USES Permitted Uses include: (a) Retail uses not exceeding 20,000 square feet in gross floor area. Uses include the following and those uses as determined by section 20.62.040: (1) general merchandise (2) grocery (3) apparel and accessories (4) eating and drinking establishments, including drive-thru's. (5) drug and proprietary (b) Finance, insurance and real estate not exceeding 20,000 square feet in gross floor area. Uses include the following and those uses as determined by section 20.62.040: (1) finance depository institutions, non-depository institutions, holding companies, other investment companies, brokers and dealers in securities and commodity contracts and security and commodity exchanges; (2) insurance, including carriers of all types of insurance and insurance agents and brokers; (3) real estate, including owners, leasers, lessees, buyers, sellers, agents and developers of real estate. (c) Services not exceeding 20,000 square feet in gross floor area. Uses include the following and those uses as determined by section 20.62.040: (1) personal services such as: laundry, photo studios, beauty shops, shoe repair and funeral service; (2) consulting services, including: advertising agencies, travel agencies, commercial art and computer programming engineering, accounting, research, management and related services.; (3) repair services, such as; radio, computer and TV repair; (4) educational services: establishments involved in academic and technical instruction and libraries; (5) senior center, neighborhood center, childcare and residential care; (d) Hotels and lodging places; (e) Medical uses not exceeding 20,000 square feet in gross floor area. Uses include the following and those uses as determined by section 20.62.040: (1) office and clinics of doctors, dentists, health practitioners, and (2) veterinarian clinics, and (3) medical laboratories; (f) Physical fitness facilities and health clubs not exceeding 20,000 in gross floor area; (g) Video tape rental stores, excluding adult oriented businesses; (h) Museums, art galleries and botanical and zoological gardens; (i) Membership organizations such as elks lodges, masons, etc., not exceeding 20,000 in gross floor area; (j) Non-motorized outdoor recreation facilities (k) Public Uses, such as post office, satellite police stations and fire stations. (1) Transportation facilities. Uses include the following and those uses as determined by section 200.22.040: (1) bus terminals, 38 Zoning Code (2) taxi cab services, (3) tour operators, (4) other transportation services. (m) Secondary residential uses. Secondary residential uses as defined in chapter 20.42 are permitted with a maximum density often units per acre. (n) Automobile related uses, not exceeding 20,000 square feet in gross floor area, excluding outdoor display areas for the sale of car, boat, RV and similar. Uses include the following and those uses as determined by section 20.62.040: (1) automobile parts store (2) automobile services such as repair, detailing. (0) Underground water, sewer, storm water and utility facilities; (P) Co-location of wireless communication per BMC 21.02.335; 20.62.030 CONDITIONAL USES. Uses in the following categories may be permitted through a Conditional (Special) Use Permit pursuant to chapter 21.02.905 BMC. (a) Hardware Stores, provided: (1) store includes less than 20,000 square feet of gross of floor space, (2) Storage and product display shall be entirely inside an enclosed, roofed structure, (b) Building material and garden supply, provided: (1) Store is less than 20,000 gross square feet of floor space, (2) No loading areas shall be located in a front yard or side yard facing residential uses. (3) Outside storage is limited to 5,000 gross square feet or less oflive plant materials, (4) Lumber, masonry materials and any other non-living product shall be stored and displayed entirely inside an enclosed structure, and (5) The use will not generate noise, odor, or vibrations impacts greater than those usually generated by uses permitted outright in the zone. (c) Home furnishings and equipment, provided: (1) store is limited to 20,000 gross square feet of floor space, (2) No loading areas shall be located in a front yard or side yard facing residential uses. (d) Gas stations and car washes, provided (1) No more than two points of ingress/egress are allowed per street frontage. Ingress/egress points shall be separated laterally along the property frontage(s) to the maximum possible while meeting all other street standards and City requirements. (2) Buffering is provided pursuant section(s) 21.02.700(a)(i)(A) and (B) BMC, except that required berms, and/or trees in combination shall provide total visual screening to a height of 5 feet shall not be less than 10 feet in height two inch caliper, measured 4 feet above ground, at time of planting and/or construction. 20.62.040 SIMILAR USE DETERMINATION (a) Any proposed land use that is NOT listed in sections 20.62.020 or 20.62.030 above may be permitted if, in the opinion of the Director, it is a use similar to a listed use. 39 Zoning Code (b) In such cases, and applicant may request that the Director make a determination of similar use. Such determination or denial of such, shall be made by the Director in writing. (c) In making a determination of similar use, the Director shall consider scale, visual impacts, traffic generation, relationship to surroundings, and any other factors which, in the opinion of the director, influence and/or define the nature of the proposed use. (d) If the Director finds that the proposed use is similar to a listed use, the use shall be subject to all standards, requirements and permitting processes to which the listed use is subject. 20.62.050 PROHIBITED USES Uses other than those identified or described in Sections 20.62.020 and 20.62.030 ofthis chapter are prohibited except as may be allowed per section 20.62.040. 20.62.060 DEVELOPMENT STANDARDS (a) More than one permitted principle use and accessory uses are allowed per each lot. (b) Lot development shall be in accordance with the following standards, unless allowed for otherwise by law. Maximum Front Yard Setback 5 feet Minimum Side Yard Setback None 10 feet for residential uses and 60 feet for non-residential uses adjacent to the R-IO zone Minimum Rear Yard Setback None 10 feet for residential uses and 60 feet for non-residential uses adjacent to the R-I0 zone Maximum Lot Coverage 50 percent 75 percent if bonuses are applied per BMC 20.62.060( c) Maximum Impervious Surface Area of 75 percent all development on the site 95 percent if bonuses are applied per BMC 20.62.060( c) Maximum Height 45 feet 35 feet when structure is within 100 feet of an adjacent to RR-lO zone I (c) A development that provides the following may have its maximum lot coverage and impervious surface area increased by adding bonus percentages to the maximum base area percentage provided the total does not exceed the maximum allowed above. (1) Commercial/ Residential Mixed-Use Development: 20 percent bonus; (2) Development containing 75 percent of the building footprint with three and four story buildings: 10 percent bonus; 40 Zoning Code (3) Ten (10) percent bonus if a sidewalk 10 feet in width or greater is installed extending to the front of the building and continuing along the entire arterial frontage of the parcel. (4) Pedestrian through-corridor that provides pedestrian access to a location approved by the Director: 5 percent bonus. (5) Fifty (50) percent of off-street parking is provided underground or within a building designed for occupancy: 20 percent bonus. 20.62.070 DESIGN STANDARDS The following design standards shall be applied to all new development or significant redevelopment of a site. When development involves the remodel or expansion of existing structures, the Director may modify these requirements to reasonably fit the scope and scale of the remodel or expansion. (a) Bulk Reduction: At least 2 ofthe following criteria shall be used to reduce the appearance of mass and bulk of the fayade of all buildings facing public streets. (1) Upper floor setbacks of not more than 10 feet provided the setbacks are not applied to more than 25 percent of building fayades facing a public street. (2) One or more of the following techniques: (i) recessing the entrance area at least 3 ft. (ii) an entrance area that protrudes at least 3 feet. (iii) a canopy, portico or overhang extending at least 5 feet over the sidewalk in the entrance area (3) Buildings with at least 5-foot overhangs, awnings, canopies or arcades elevated between 8 and 12 feet above the sidewalk. (4) Window fenestration. Windows shall occupy at least 50% of the ground floor facade measured to 10 feet above the sidewalk or finished grade. (b) Sight-obscuring landscape buffering shall be provided along property lines adjacent to CC and RR-I0 zones pursuant to the standards set forth in BMC Chapter 21.02.700(a)(I)(i)(A) or (B). (c) Outdoor storage of all materials shall be prohibited except for nurseries, which shall provide screening pursuant to 21.02.700(a)(1)(i)(A) or (B) BMC. (d) Refuse containers (1) Refuse container screening shall be required and be of a material and design compatible with the overall architectural theme of the associated structure, shall be at least as high as the refuse container, and shall in no case be less than six feet high; (2) No refuse container shall be permanently stored between a street and the front of a building; (3) Refuse collection areas shall be designed to contain all refuse generated on site and deposited between collections. Deposited refuse shall not be visible from outside the refuse enclosure. (e) Signage: Signs shall meet the requirements set forth in BMC 21.02.330, except all free standing signs shall be limited to monument styles not more than 8 feet maximum height and not exceeding 60 square feet in sign area. Monument signs shall be defined as a sign placed on a base of solid appearance equal to the width of the sign with no free space or other visual gap between the base and sign face. 41 Zoning Code 20.62.080 PARKING On-site parking shall be provided in accordance with Sections 21.02.580,21.02.590, 21.02.600,21.02.610,21.02.620,21.02.630, 21.02.640, 21.02.650, 21.02.670, and 21.02.680 of this title, except that on-site parking shall be to the rear or to the side of buildings on the site and shall not occupy more than 50% of the site frontage facing the arterial street. Parking shall not be placed on street corners. Access to parking may be from adjacent non-arterial streets, or from driveways off of the arterial. Driveways providing access to parking area shall be well marked. 20.62.090 LANDSCAPING The landscaping requirements set forth in Chapters 21.02.690 through 740 BMC, or as otherwise modified in this chapter, shall be satisfied. SECTION 7. Chapter 20.64 ofthe Bremerton Municipal Code entitled "Wheaton Way Redevelopment Corridor (WWRC)" is hereby created to read as follows: Chapter 20.64 WHEATON WAY REDEVELOPMENT CORRIDOR (WWRC) 20.64.010 INTENT. The intent of the Wheaton Way Redevelopment Corridor zone is to provide for the transition over time of the corridor away from suburban style strip commercial development. The WWRC zone seeks to create a mixed-use, high density, corridor that will enable a full range of commercial uses oriented closer to the street, and medium to high density residential uses above or on portions of larger sites away from the street frontage. The zone seeks to balance the needs of automobile oriented businesses with a desire to incorporate a more pedestrian oriented design approach. Introduction of residential use within the corridor is intended, in part, to support high levels of transit usage within the corridor. In addition, the WWRC zone seeks to provide adequate transitions to less intense adjacent zone districts. 20.64.020 PERMITTED USES. Permitted Uses include: (a) Retail uses. Uses include the following and those uses as determined by section 20.64.040: (1) general merchandise, such as furniture, appliances, and sporting goods (2) grocery (3) apparel and accessories (4) eating and drinking establishments, including drive-thru's. (5) drug and proprietary (b) Finance, insurance and real estate. Uses include the following and those uses as determined by section 20.64.040: (1) finance depository institutions, non-depository institutions, holding companies, other investment companies, brokers and dealers in securities and commodity contracts and security and commodity exchanges; (2) insurance, including carriers of all types of insurance and insurance agents and brokers; 42 Zoning Code (3) real estate, including owners, leasers, lessees, buyers, sellers, agents and developers of real estate. (c) Services. Uses include the following and those uses as determined by section 20.64.040: (1) personal services: laundry, photo studios, beauty shops, shoe repair and funeral service; (2) consulting services, including: advertising agencies, travel agencies, commercial art and computer programming engineering, accounting, research, management and related services.; (3) repair services: radio and TV repair; (4) educational services: establishments involved in academic and technical instruction and libraries; (5) social services: senior center, neighborhood center, childcare and residential care; (d) Hotels and lodging places; (e) Medical uses including, but not limited to, the following: (1) office and clinics of doctors, dentists, health practitioners, (2) veterinarian clinics, and (3) medical laboratories; (f) Physical fitness facilities and health clubs; (g) Video tape rental stores, excluding adult oriented businesses; (h) Museums, art galleries and botanical and zoological gardens; (i) Membership organizations such as elks lodges, masons, etc.; (j) Parks, playgrounds, outdoor recreation facilities (k) Public Administration Uses, such as post office, satellite police stations and fire stations. (1) Transportation activities. Uses include the following and those uses as determined by section 20.64.040: (1) bus terminals, (2) taxi cab services, (3) tour operators, (4) other transportation services. (m) Residential uses. All residential uses are permitted with a maximum density of twelve units per acre. (1) Residential uses shall be placed only on upper floors of mixed use structures in which ground floors are occupied with non-residential uses, except that on sites in single ownership larger than three acres, single use residential structures are permitted if screened from major arterials by mixed use structures or structures containing other permitted non-residential uses only. Such screening structures must not be less than thirty-five feet (2) On sites in single ownership larger than three acres, residential density may be increased to a maximum of 20 units per acre provided that; (i) Site design provides for internal circulation connections for both pedestrians and vehicles between all portions of the site, and (ii) landscaping and/or screening adjacent to a single-family zone district shall be provided per section 21.02.700(a)(1)(A&B), and (iii) a transit stop with shelter is provided at the arterial street frontage. 43 Zoning Code (n) Automobile related uses, excluding gas stations, including but not limited to the following; (1) automobile parts store (2) automobile services such as repair, detailing, and similar (0) Underground water, sewer, storm water and utility facilities; (p) Co-location of wireless communication per BMC 21.02.335; 20.64.030 CONDITIONAL USES. Uses in the following categories may be permitted through a Conditional (Special) Use Permit pursuant to Chapter 21.02.905 BMC. (a) Hardware Stores, provided: (1) store includes less than 20,000 square feet of gross floor space, (2) Outside storage shall be entirely inside an enclosed structure, (b) Building material and garden supply, provided: (1) Store is less than 20,000 square feet of gross floor space, (2) No loading areas shall be located in a front yard or side yard facing residential uses. (3) Outside storage is limited to 5,000 gross square feet or less oflive plant materials, (4) Lumber, masonry materials and any other non-living product shall be stored and displayed entirely inside an enclosed, roofed structure, and (5) The use will not generate noise, odor, or vibrations impacts greater than those usually generated by uses permitted outright in the zone. (c) Home furnishings and equipment, provided: (1) store is limited to 20,000 gross square feet of floor space, (2) No loading areas shall be located in a front yard or side yard facing residential uses. (d) Gas stations and carwashes, provided (1) No more than two points of ingress/egress allowed per street frontage. Ingress/egress points shall be separated laterally along the property frontage(s) to the maximum possible while meeting all other street standards and City requirements. (2) buffering is provided pursuant to section(s) 21.02.700(a)(i)(A) and (B) BMC, except that required berms, and/or trees in combination shall provide total visual screening to a height of 5 feet shall not be less than 10 feet in height two inch caliper, measured 4 feet above ground, at time of planting and/or construction. 20.64.040 SIMILAR USE DETERMINATION (a) Any proposed land use that is NOT listed in sections 20.64.020 or 20.64.030 above may be permitted if, in the opinion of the Director, it is a use similar to a listed use. (b) In such cases, and applicant may request that the Director make a determination of similar use. Such determination or denial of such, shall be made by the Director in writing. ~ (c) In making a determination of similar use, the Director shall consider scale,~. - impacts, traffic generation, relationship to surroundings, and any other factors which, in the opinion of the Director, influence and/or define the nature of the proposed use. (d) If the Director finds that the proposed use is similar to a listed use, the use shall be subject to all standards, requirements and permitting processes to which the listed use is subject. 44 Zoning Code 20.64.050 PROHIBITED USES. Uses other than those identified or described in Sections 20.64.020 and 2002.64.030 of this chapter are prohibited except as may be allowed per section 20.64.040. 20.64.060 DIMENSIONAL STANDARDS. (a) More than one permitted principle use and accessory uses are allowed per each lot. (b) Lot development shall be in accordance with the following standards, unless allowed for otherwise by law. Maximum Front Yard Setback 5 feet Minimum Front Yard Setback 0 Minimum Side Yard Setback None from non-residential zones, 30 ft from RIO, INC, IDC zones Minimum Rear Yard Setback None from non-residential zones, 30 ft from RIO, INC, IDC zones Maximum Lot Coverage 50 percent 75 percent ifbonuses are applied per BMC 20.64.060(c) below Maximum Impervious Surface Area of 75 percent all development on the site 95 percent if bonuses are applied per BMC 20.64.060(c) below Maximum Height 40 feet,35 feet within 100 feet of an adjacent to RR-l 0 zone Notes: 1. The maximum front yard setback shall be five feet unless the site plan review committee determines it is appropriate for the specific use to have a greater setback finding that other techniques can be used to promote pedestrian emphasis and that the use, with application of other techniques, will be compatible and complementary to surrounding uses and intent of the zone. (c) A development that provides the following may have its maximum lot coverage and impervious surface area increased by adding bonus percentages to the maximum base area percentage provided the total does not exceed the maximum allowed above. (1) Commercial! Residential Mixed-Use Development: 20 percent bonus; (2) Development containing 75 percent of the building footprint with three and four story buildings: 10 percent bonus; (3) Ten (10) percent bonus if a sidewalk 10 feet in width or greater is installed extending to the front of the building and continuing along the entire arterial frontage of the parcel. (d) Projects providing a through-block corridor that facilitates pedestrian access in a location approved by the city: five percent bonus. (e) Projects providing at least fifty percent of their required parking underground or within the building: twenty percent bonus. 45 Zoning Code 20.64.070 DESIGN STANDARDS The following design standards shall be applied to all new development or significant redevelopment of a site. When development involves the remodel or expansion of existing structures, the Director may modify these requirements to reasonably fit the scope and scale of the remodel or expansion. (a) Bulk Reduction: At least 2 of the following criteria shall be used to reduce the appearance of mass and bulk of the fa9ade of all buildings facing public streets. (1) Upper floor setbacks of not more than 10 feet provided the setbacks are not applied to more than 25 percent of building fa9ades facing a public street. (2) One or more of the following techniques: (i) recessing the entrance area at least 3 ft. (ii) an entrance area that protrudes at least 3 feet. (iii) a canopy, portico or overhang extending at least 5 feet over the sidewalk in the entrance area (3) Buildings with at least 5-foot overhangs, awnings, canopies or arcades elevated between 8 and 12 feet above the sidewalk. (4) Window fenestration. Windows shall occupy at least 50% of the ground floor facade measured to 10 feet above the sidewalk or finished grade. (b) Sight-obscuring landscape buffering shall be provided along property lines adjacent to CC and RR-lO zones pursuant to the standards set forth in BMC Chapter 21.02.700(a)(1)(i)(A) or (B). (c) Outdoor storage of all materials shall be prohibited except for nurseries, which shall provide screening pursuant to 21.02.700(a)(1)(i)(A) or (B) BMC. (d) 4. Refuse containers (1) Refuse container screening shall be required and be of a material and design compatible with the overall architectural theme of the associated structure, shall be at least as high as the refuse container, and shall in no case be less than six feet high; (2) No refuse container shall be permanently stored between a street and the front of a building; (3) Refuse collection areas shall be designed to contain all refuse generated on site and deposited between collections. Deposited refuse shall not be visible from outside the refuse enclosure. (e) Signage: Signs shall meet the requirements set forth in BMC 21.02.330, except all free standing signs shall be limited to monument styles not more than 8 feet maximum height and not exceeding 60 square feet in sign area. Monument signs shall be defined as a sign placed on a base of solid appearance equal to the width of the sign with no free space or other visual gap between the base and sign face. 20.64.080 PARKING. On-site parking shall be provided in accordance with Sections 21.02.580, 21.02.590, 21.02.600,21.02.610,21.02.620,21.02.630, 21.02.640, 21.02.650,21.02.670, and 21.02.680 of this title, except that on-site parking shall be to the rear or to the side of buildings on the site and shall not occupy more than 40% of the site frontage facing the arterial street. Parking shall not be placed on street comers. Access to parking may be from adjacent non-arterial streets, or from driveways off of the arterial. Driveways providing access to parking area shall be well marked. 46 Zoning Code On street parking shall be allowed to help satisfy parking requirements provided paved street widths provide adequate room pursuant to city standards for on-street parking. 20.64.090 LANDSCAPING. The landscaping requirements set forth in Chapters 21. 02.690 through 740 BMC, or as otherwise modified in this chapter, shall be satisfied. SECTION 8. Effective Date of Zoning Provisions. The provisions contained in Sections 1 through 7 of this ordinance shall become effective upon the effective date of the ordinance adopting the Official Zoning Map implementing the zoning classifications contained in said Sections. SECTION 9. Severability. If anyone or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 10. 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 ,2005 DAREN NYGREN, Council President Approved this day of ,2005 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: P AULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of ,2005 EFFECTIVE the day of ,2005 ORDINANCE NO. R:\LEGAL\Ordinances\Community Development\2005 Zoning Code Amendment\Title 20-0rdinance.doc 47 Zoning Code