HomeMy WebLinkAbout02/09/05 AGENDA
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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
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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
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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.
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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
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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
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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
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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
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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
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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.
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Timber Harvest Management & Marketing Services
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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.
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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
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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
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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
~~~
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PROPOSED BOOSTER !,~c
PUMP STATION r
EXISTING RESERVOIR #8 ,
I ~
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n C=:J p_
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MAIN r - -1i....:1I
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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. \ ~~
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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
. Implementation Time: 1-5 years
Implementation Cost: $ 50,000 as per Acres, International Report, November 2003.
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KITSAP COUNTY
.. 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.
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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.
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(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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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
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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.
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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:
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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
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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.
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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.
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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.
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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.
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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;
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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.
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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.
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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.
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(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;
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(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.
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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;
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(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;
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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
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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
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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.
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(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.
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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.
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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,
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(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.
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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;
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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.
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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;
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(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.
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(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.
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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.
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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.
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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
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