HomeMy WebLinkAbout5416ORDINANCE NO. 5416
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending the Bremerton Municipal Code
Section 20.46.010 to allow two Accessory Dwelling Units.
WHEREAS, through practical use and application of the Zoning Code the need
for modification has been identified; and
WHEREAS, the City of Bremerton ("City") has established a procedure for
amending the Zoning Code in Title 20.18.020(d) of the Bremerton Municipal Code ("BMC"),
which requires amendments to the Zoning Code to be both consistent with the goals and policies
of the Comprehensive Plan and to be consistent with other applicable rules and regulations; and
WHEREAS, these amendments are consistent with the City's Comprehensive
Plan, County Wide Planning Policies, The State Growth Management Act, and other applicable
regulations and ordinances; and
WHEREAS, the City of Bremerton (and the region) are experiencing a housing
shortage and allowing a second Accessory Dwelling Unit (ADUs) would increase the
opportunity for more housing types in the City; and
WHEREAS, due to their smaller size, an ADU can provide a more affordable
housing option in single-family zones; and
WHEREAS, increasing housing options, such as ADUs, throughout the City will
give more families access to existing schools, parks, and other public amenities, and
WHEREAS, on May 18, 2020, the Planning Commission conducted a workshop
on the proposed amendments; and
WHEREAS, on May 29, 2020, and October 2, 2020 a State Environmental Policy
Act ("SEPA") Determination of Nonsignificance ("DNS") was issued for the proposed action
and no appeals were filed; and
WHEREAS, on June 1, 2020, and October 2, 2020 the proposed Zoning Code
amendments were circulated to the State Agencies for the requisite review and comment period;
and
WHEREAS, on October 2, 2020, the public was notified by a legal advertisement
in the Kitsap Sun of the opportunity to make comment and participate in the public hearing held
by the Planning Commission; and
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Title 20 BMC Updates
WHEREAS, on October 19, Mu, the Planning Commission conducted a public
hearing on the Zoning Code amendments and formulated a recommendation to forward the
amendments for City Council consideration; and
WHEREAS, on December 16, 2020, the City Council passed the majority of the
Planning Commission recommendations through Ordinance 5410, however the Council
requested that the Commission's recommendation of two ADUs per site come back at a later
date; and
WHEREAS, on February 11, 2021, the public was notified by a legal
advertisement in the Kitsap Sun of the opportunity to make comment and participate in the
public hearing on February 17, 2021 by the City Council; and
WHEREAS, on February 17, 2021, the City Council conducted a public hearing
and considered all testimony including testimony on amending code proposals to this topic; and
WHEREAS, on February 25, 2021, the public was notified by a legal
advertisement in the Kitsap Sun of the opportunity to make comment and participate in another
public hearing on March 3, 2021 by the City Council; and
WHEREAS, on March 3, 2021, the City Council conducted a public hearing and
considered all testimony prior to their decision; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings and Recitals Incorporated The findings and recitals set
forth above are hereby adopted and incorporated herein by this reference.
SECTION2. Planning Commission Findings. The findings and conclusions
adopted by the Planning Commission attached hereto as Exhibit A are adopted and incorporated
as if set forth herein in full.
SECTION3. Chapter 20.46 of the Bremerton Municipal Code entitled "Special
Development Standards" is hereby amended by amending Section 20.46.010 to read as follows:
20.46.010 ACCESSORY DWELLING UNITS.
An accessory dwelling unit (ADU) may be permitted anywhere a new or existing single-
family dwelling unit (hereafter, "principal unit") is allowed. Accessory dwelling units are
exempt from the density requirements of the underlying zone and shall be subject to the
following requirements:
(a) An ADU shall comply with the development standards of the underlying zone for
the principal unit including setbacks, height, and lot coverage or BMC 20.44.060,
accessory structures setbacks for detached ADUs.
(b) An ADU may be attached or detached from the principal unit.
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Title 20 BMC Updates
(c) kjmy-ens t" Two 2 ADUs may be created per lot. The lot shall only contain one
(1) single-family dwelling unit and one-(-) a maximum of two (2) ADUs.
(d) Manufactured homes may be allowed as an accessory dwelling unit provided it
complies with the design criteria of ADUs and must comply with BMC 20.46.040,
manufactured home provisions, excluding BMC 20.46.040(a)(2) and (6) regarding size
and roof pitch.
(e) The ADU shall be limited to one thousand (1,000) square feet or not more than sixty
(60) percent of the principal unit's total habitable floor area, whichever is greater, with
the following exception:
(1) To encourage the compact infill development and use of existing single-
family homes, if a residence that was constructed or remodeled prior to December
31, 2020, is proposed to be divided into a principal unit and an ADU, the Director
may allow equal square footage for the principal unit and the ADU if the ADU is
located completely on a single floor of the existing residence. This does not apply
to detached ADUs.
(f) Any ADU shall be designed so that the appearance of the building remains that of a
single-family residence and should architecturally blend into the existing neighborhoods
through careful design. The exterior of an ADU shall have siding and roofing which in
color, material and appearance are comparable to the predominant materials of the
primary dwelling unit and/or characteristics of the neighborhood.
(g) A -acees-s- r b One ADU is not required to provide an additional off-
street parking space. The second ADU shall provide one (1) off street parking space in
addition to that which is required for the principal unit. The site must comply with
Chapter 20.48 BMC, specifically that the required parking spaces for the principal unit
shall be provided and that all driveways and areas used for loading, parking, and
maneuvering vehicles on the parcel shall have a paved surface.
(h) When development of an ADU is for people with disabilities, the Director may
aHow reasonable deviation from the stated requirements to install features that facilitate
accessibility such as those required by the International Building Code.
(i) An ADU shall be required to be served by City water and sewer or an approved
septic system.
(j) The property owner, which shall include titleholders and contract purchasers, must
abide by the following:
(1) International Property Maintenance Code Chapter 3, Section 302,
concerning exterior property areas, as adopted at BMC 17.04.020(f), except those
not adopted as enumerated in BMC 17.04.110, or as hereby amended; and
(2) All applicable provisions in BMC Title 6 regarding health and sanitation
including maintaining nuisance vegetation, proper garbage and refuse
containment, and maintaining the buildings to not qualify as an unfit dwelling,
building, structure and/or premises.
(k) Conversion of Existing Detached Structures. To encourage the compact infill
development of existing structures throughout the City, a detached ADU that does not
comply with certain development standards of this chapter may be permitted provided the
requirements of this section are met. The following shall apply to all development
seeking to utilize this provision:
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Title 20 BMC Updates
(1) The structure must have been constructed prior to December 31, 2020. The
structure must either have received a City or County permit, not needed a permit
at the time of construction, or be recognized as a structure per the Kitsap County
Assessor records.
(2) The structure must meet, either currently or through permitted remodeling,
the requirements of the building (BMC Title 17) and fire (BMC Title 18) code for
habitable structures.
(3) The conversion of an existing structure to an ADU, with no expansions, may
be exempt from.
(i) Compliance with the development standards for setbacks, height, and
lot coverage of the underlying zone.
(ii) Compliance with the ADU provisions of this section related to size
and design, except as provided at subsection (k)(4) of this section.
(4) An existing structure may be enlarged or extended, provided the following
provisions are met.
(i) The enlargements do not violate underlying zone requirements.
Structures that do not conform to the setback requirements may expand up
to twenty (20) percent of the gross floor area, and to the building line,
provided these enlargements do not further violate setback requirements.
(ii) The enlargements do not cause the entire structure to exceed the
ADU size requirements of subsection (e) of this section.
(iii) Any altered or new facades shall have siding and roofing which in
color, material, and appearance match or complement the predominant
materials of the existing structure.
(5) A conversion of the structure to an ADU will not be approved if it conflicts
with the City's plans, Capital Improvement Plan or other capital projects related
to nearby expansion of utilities or infrastructure including the need for additional
right-of-way.
SECTION 4. Corrections. The City Clerlc and codifiers of this ordinance are
authorized to make necessary corrections to this ordinance, including but not limited to, the
correction of scrivener, clerical, typographical, and spelling errors, references, ordinance
numbering, section/subsection numbers and any references thereto.
SECTION S. Severability. If any one or more sections, subsections, or sentences
of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this ordinance and the same shall remain in full force and
effect.
SECTION 6. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the day of M A.f CIAL , 2021.
KEV GORMAN, Council President
Title 20 BMC Updates
Approved this to %.= day of M gKG41 , 2021.
ATTEST:
��4-"
G E O Y WHEELER, Mayor
APPROVED AS TO FORM:
ANGELA HOOVER, City Clerk �Ol`iER A. LUBOVICH, pity Attorney
PUBLISHED the 54*L day of YVIa 11,4 2021s
EFFECTIVE the 1!5il'*% day of lKeAl A 2021.
ORDINANCE NO. 5y ! (D
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Title 20 BMC Updates
Exhibit A
DEPARTMENT OF
COMMUNITY DEVELOPMENT
Coversheet for Planning Commission's
Finding & CUHU USIUH3 for ADUS:
Following this document is the City of Bremerton Planning Commission's Finding and
Conclusions for their public process related to the Zoning Code Amendments for Accessory
Dwelling Units (ADUs).
The City Council has adopted a portion of the Zoning Code Amendments related to ADUs as
Planning Commission recommended on December 16, 2020 via Ordinance 5410. Those
amendments that were adopted and are part of Bremerton Municipal Code (BMC) 20.46.010
are the following:
• Increasing the ADU minimum size requirements,
• Removing the parking requirement for ADU,
• Removing Owner -Occupancy requirement,
• Changing the Design Standards, and
• Adding Standards for nonconforming detached structures to become ADUs.
At the December 16, 2020 Public Hearing, the Council requested that one Planning Commission
recommendation be considered at a future date:
• Increasing the maximum number of ADUs per lot from one (1) to two (2).
Additional Information:
Though this Planning Commission's Finding and Conclusion is the record of the ADU public process
including the official Workshop and Public Hearing, the ADU discussions has been discussed numerous
times at the Commission's meeting. The Planning Commission meetings were ADUs were discussed are
related to the City's Infill Toolkit discussion. The following are other times that ADUs were discussed at
Planning Commission (when the meeting was not specifically about ADUs):
• March 19, 2018
• July 15, 2019
• October 21, 2019
Exhibit A
FINDINGS AND CONCLUSIONS
OF THE CITY OF BREMERTON PLANNING COMMISSION
Summary:
Proposed amendments to the Bremerton Municipal Code related to Accessory Dwelling Units.
I. FINDINGS OF FACT
1. Project Description:
The proposed amendment includes revisions to Bremerton Municipal Code 20.46.010, Accessory
Dwelling Units, as follows.
A. Increasing the ADU minimum size.
B. Increasing the maximum number of ADUs per lot from one (1) to two (2).
B. Removing parking requirements for the first ADU.
C. Removing owner occupancy and ownership requirements.
D. Changing the design standards.
E. Adding standards for nonconforming detached structures to become ADUs.
2. Procedural History:
2.1 Planning Commission Workshops: May 18, 2020
2.2 Washington State Department of Commerce Notice: June 1, 2020 AND October 2, 2020
2.3 SEPA Threshold Determination DNS: May 29, 2020 and October 2 2020
2.4 Notice of Public Hearing: October 2, 2020
2.5 Planning Commission Public Hearing: October 19, 2020
3. Public and Agency Comment:
3.1 At the workshop held on March 19, 2018, two public comments were received:
3.1.01 A. Marcus expressed support.
3.1.02 Russ Shiplet, representing the Kitsap Building Association, expressed support.
3.2 Written comments are summarized below.
3.2.01 Comment 01, R. Runyon submitted a potential code amendment.
3.2.02 Comment 022 L. King is supportive of ADU amendments.
3.3 At the Planning Commission Public Hearing on October 19, 2020, the following people
testified:
R. Runyon
R. Shiplet for the Kitsap Building Association
S. Plahn
J. Vogt
4, SEPA Determination:
A Determination of Non -Significance (DNS) was issued on May 29, 2020, to date no comments
or appeals have been filed. A subsequent DNS was issued on October 2, 2020 as additional
code revisions were requested by the public for the City to consider.
5. Consistency:
Text amendments to Title 20 shall meet the decision criteria outlined in BMC 20.18.020(d). The
Planning Commission may recommend, and the City Council may adopt or adopt with
modifications, an amendment to Title 20 if the criteria outlined below are met.
Exhibit A
(1) It is consistent with the goals and policies of the comprehensive plan;
Analysis The proposed amendments continue to uphold the objectives and goals of the
Comprehensive Plan, and implement the following policies.
The amendment continues to uphold the objectives, goals and policies of the
Comprehensive Plan such as.
o Policy LU1(B): Coordinate Bremerton's growth consistent with the Kitsap Countywide
Planning Policies and the Puget Sound Regional Council's Vision 2040, and state
requirements.
o Policy LU4(C): Provide land use regulations that give opportunities for the
community to have fair access to livelihood, education, and resources.
o Policy LU4(D): On an annual basis review and provide amendments, if necessary, to
the goals and policies and the Land Use Map to address changing circumstances
and/or emergencies.
o Housing Vision: To encourage the growth of Bremerton by strategically locating a
wide variety of housing types throughout the City in a way that protects the
environment and fosters community health.
o Housing Goal H2: Encourage the development of a variety of new housing options
and densities to meet the changing needs of Bremerton's residents.
o Policy H2(C): Supporting infill development and increased densities and the use of
Low Impact Development (LID) techniques and Best Management Practices (BMPs)
to ensure efficient and cost-effective utilization of existing public utilities.
o Housing Goal H3: Support access to quality and affordable housing for all Bremerton
residents.
o Policy H3(A): Provide opportunities for the production of new housing for all
incomes, ages, and family types through infill by stimulating growth of non-
traditional housing types such as townhomes, carriage units, accessory dwelling
units, and duplexes in locations where they will seamlessly infill into the fabric of the
existing neighborhoods.
o Policy H3(E): Eliminate unnecessary regulatory impediments to the development of
affordable housing.
o Goal H4: Implement and coordinate strategies that promote public and private
efforts to facilitate improvements to the housing stock.
o Policy H4(F): Promote increased housing density to provide a broader customer base
for more affordable public services including utilities.
(2) It does not conflict with other City, state and federal codes, regulations and ordinances.
Analysis: The proposed amendments do not conflict with any other regulations.
II. CONCLUSIONS &RECOMMENDATION
Based on the findings above, the Planning Commission concludes that the proposed amendments
to the Bremerton Municipal Code Title 20 Land Use Chapter, meets the requirements in BMC
20.18.020(d) text amendments, and therefore recommends to the City Council, the adoption of
amendments to Title 20.
Respectfully
Andrea
of Community Development
Attachment 1
DEPARTMENT OF
COMMUNITY DEVELOPMENT
To: City Council
From: Allison Satter, Planning Manager
Date: Updated � February 25, 2021
Subject: Amendments to the Zoning Code regarding Two Accessory Dwelling Units (ADU)
SUMMARY
City Council is holding a Public Hearing to determine if the City should adopt Zoning Code
amendments to allow two Accessory Dwelling Units (ADUs) per single-family lot, specifically
Bremerton Municipal Code (BMC) 20.46.010. Staff has updated this Memo after the February
17, 2021 Public Hearing where testimony was received for this proposed Zoning Code
amendment item and potential associated revisions.
The Council is considering the following items at this Public Hearing
• Planning Commission's Recommendation to allow 2 ADU per single-family lot and require an
additional parking space.
• Potential amending motion #1 — Limit Location of two ADUs to 500' from certain zones.
• Potential amending motion #2 — Limit Location of two ADUs to 500' from certain zones AND do
not require parking for 2nd ADU.
• Potential amending motion #3 — If 2nd ADUs are allowed Citywide, do not require parking for
2nd ADU when 1500' from certain zones.
• Potential amending motion #4 — Require Owner Occupancy if two ADUs were on site.
• Potential amending motion #5 — Prohibit all ADUs from being Short Term Rentals.
This is the 2nd Council Public Hearing for the changes to the ADU code as recommended by
Planning Commission. The Zoning Code amendments made in the 1St Public Hearing
(Ordinance 5410) will not be change at this meeting2.
1 Zoning Code Amendments to the ADU regulations was passed on December 16, 2020 via Ordinance 5410.
Changes included removing owner -occupancy requirement, eliminating the one -additional off-street parking
space, modifying the maximum size requirement, reducing the design criteria, and allowing some
nonconforming structures to be converted to an ADU.
2 Record from Ordinance 5410 is not repeated in this packet, but click here to access City Council's record
for the adoption of Ordinance 5410.
Memo to ADU Ordinance
Planning Commission's Recommendation
Planning Commission unanimously recommended the ADU amendments for BMC 20.46.010 at
a Public Hearing held on October 19, 2020. At the Planning Commission's public hearing, each
topic of proposed changes to the ADU code was discussed independently prior to the vote. The
Commission's recommendation for two ADUs in the attached ordinance is described in this
memo. Please note that this Memo shows proposed amendments in legislative markup with
changes being red, and additions being underlined and deletions being strike4hre o,
(c) n,-„gene-� ;Two 2 ADUs may be created per lot. The lot shall only contain one (1)
single-family dwelling unit and one-(14a maximum of two (2) ADUs.
The amended code as recommended by the
Planning Commission raises this limit to two (2)
ADUs, either two attached, two detached, or one
attached and one detached. The Planning
Commission's decision was based on public
comment that was supportive of multiple ADUs on a
parcel, as well as the example of neighboring cities
that have introduced similar ADU standards. The
City of Seattle currently allows up to two ADUs per
lot, as does Kirkland and Burien. Looking further,
the State of California now permits up to two ADUs
statewide on all family zoned for low density
residential uses.
A Councilmember also expressed concerns about allowing two attached units or two detached
units on a single-family home lot. Although the City's updated ADU code may allow two, as a
practical matter the City's Code (Fire and Zoning) will make this difficult/impossible as follows:
• If two ADUs are attached to a Single-family home, such as a basement and upper floor
conversion to units, the Single-family home will have to install an automatic sprinkler
system. For existing houses, this is an expensive request that requires significant work.
One attached ADU to a single-family home does not require the sprinkler system to be
installed (this becomes a requirement at two attached units).
• Small lots will not be able to locate two detached ADUs as there is existing development
standards that will limit this. Such as not complying with maximum lot coverage allowed
which is 60% (40% of their site needs to yard) and meeting the required setbacks.
In addition to allowing two ADUs, the Planning Commission recommended that an additional
parking space be provided when two ADUs are on site. The following is also include in the
proposed Ordinance:
(g) If only one ADU is onsite, it is not required to provide additional off-street parking
space. The second accessor dwellin unit shall rovide one 1 off-street arkin s ace
in addition to that which is required for the principal unit. The site must comply with BMC
20.48, specifically that the required parking spaces for the principal unit shall be provided
and that all driveways and areas used for loading, parking, and maneuvering vehicles on
the parcel shall have a paved surface.
• Page 2
no to ADU Ordinance
Potential Code Revision - Limit where second AU U can be established
Potential Code Revision —
Place limitations about where a second ADU can be established
by limiting it to 500' from certain areas
City Council has requested a potential revision to the Draft Ordinance to add a provision to
Planning Commission recommendation to allow a second ADU where the City has existing or
planned denser population such as the City centers or the City's commercial or institutional
(Olympic College) zones.
A potential revision could be:
A second ADU located onsite is only allowed if located within 500 feet of a commercial,
institutional, or mixed -use Center zones.
This code regulation would be consistent with other City regulations, including the provision
which allows more housing types (duplexes and triplexes) in the Low Density Residential zone if
the housing types meeting the underlying density (code revision in 2018 via Ordinance 5364).
Here is a zoning map showing 500' from City Centers, commercial zones and institutional zone
that if this provision passed would be area that allowed two ADUs.
Zoning Map #1 —with 500' buffer shown in
green dash marks from commercial,
institutional and Center zones.
This includes most of East Bremerton.
• Page 3
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• Page 4
no to ADU Ordinance
Zoning Map #2 — with 500buffer
hown in green dash marks from
commercial, institutional and
Center zones. This includes
Manette, Olympic College,
Downtown, and part of Charleston.
*Please note this map has a minor
error that will be fixed prior to the
Public Hearing: the area near Naval
Base Kitsap/Gregory Way should be
IS within the 500' buffer.
Zoning Map #3 —with 500' buffer
shown in green dash marks from
commercial, institutional and
Center zones. This includes much
of West Bremerton (not including
downtown or Olympic College).
*Please note this map has a minor
error that will be fixed prior to the
Public Hearing: the area near Naval
Base Kitsap/Gregory Way should be
shown within the 500' buffer.
Memo to ADU Ordinance
Potential Code Revision — Require Owner Occupancy if Two ADUs onsite
Potential Code Revisions -
Allow second ADU only if there is owner occupancy on site.
In December 2020, the Council removed the requirement that the owner must live onsite if there
is an ADU. However, the Council is considering a potential amendment to bring back this
requirement if two ADUs are allowed onsite.
A potential revision could be:
A second ADU located onsite is allowed only if the property owner, which shall include
titleholders and contract purchasers, must occupy either the principal unit or ADU(s) as
their permanent residence for twelve (12) months of the year. A second ADU shall have a
deed restriction recorded with the Kitsap County Auditor to indicate the presence of the
two ADUs, the requirement of owner occupancy, and other standards for maintaining the
unit as described in this section.
There is a trend for ADU code revisions to remove the owner occupancy requirements as they
are hard to enforce and this is a big impediment to ADUs. Looking at future State initiatives, it is
encouraging Cities to remove owner occupancy requirements. For the City to add this back to
the code may make the City ineligible for future incentive programs for ADU development. If this
provision was adopted, Staff would be monitoring the State initiatives and may bring this item
back up to Council if this prohibits the City from participating in programs that help housing in
Bremerton.
• Page 5
Memo to ADU Ordinance
Potential Code Revision — Require Z d ADU to be rented as Affordable
Important Update: Due to the State requirements, it is unlikely that many ADU properties will be
able to accommodate the 50-year commitment of affordability requirement. Though City Council
has identified that Bremerton has affordable units available to those who need it as a top goal,
they understand that this requirement would just hinder the construction of two ADUs. City
Council will continue to push other affordable housing requirements but understands that this
would not be a successful program.
Staff researched the State Law provisions that set the requirements for programs (not MFTE)
that have affordability requirements. We reviewed WAC 365-196-870 and RCW 36.70A.540.
These sections of the State regulations indicate that if an affordability component is included in
local codes then:
• The rent cap for an eligible household shall be less than 30% of the household's income.
• The "income limits" used by the local regulations must be less than 80% Area Median
Income (AMI) of the Metropolitan Statistical Area (MSA). For and for Bremerton this
would be based on the Bremerton -Silverdale MSA. Here's the data for 2020:
2020
Median
Family
2020 Income Limit
Person in Family
Bremerton-
Income
Category
1
2
3
4
Silverdale
Low (80%) Income
MSA
$91,700
Limit
$51,350
$58,700
$66,050
$73,350
As shown in the table above, one person in an ADU shall not make more than $51,350 to
bNZ; an income -eligible household. Their rent/utility cost should not be more than $1,284
per month.
• The State requires that the "period of affordability" for these programs be established at
50 years and it does not appear that we can reduce this period to be less time like that
which is allowed under the Multifamily Tax Exemption (MFTE) code (which is 12 years for
affordable units).
• If an affordability requirement is established by the local code then an agreement is
required prior to the issuing the permit for the ADU, that will be recorded with the land.
Any future landowner of the property will have to accept the terms of this agreement.
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Memo to ADU Ordinance
Potential Code Revision — Allow 2"d ADU without additional parking space
The Planning Commission proposal for parking when allowing two ADUs on a parcel is the
following (which is part of the proposed Ordinance):
(g) If only one ADU is onsite, it is not required to provide additional off-street parking
space. The second accessory dwellingunit shall rovide one 1 off-street arkin s ace
in addition to that which is required for the principal unit. The site must comply with BMC
20.48, specifically that the required parking spaces for the principal unit shall be provided
and that all driveways and areas used for loading, parking, and maneuvering vehicles on
the parcel shall have a paved surface.
City Council inquired if the City could eliminate the requirement for the parking of the second
ADU when frequent transit is nearby. This is a similar proposal to a recent State Law change.
In 2020, Washington State lawmakers passed State Bill 6617 which requires jurisdictions to
waive off-street parking requirements for ADUs when nearby frequent transit. The bill prohibits
cities from imposing off-street parking requirements for ADUs with one -quarter mile of frequent
transit, including commuter rail, rapid transit buses, or other public transportation that runs every
15 minutes during peak hours. The one -quarter mile, or 1,320 feet, is about a 5 to 10-minute
walk. Currently Bremerton does not have public transit that qualifies to those standards.
Though the City does not meet the "frequent transit" qualifications as identified by the State at
this time, the Council can still eliminate the parking requirement for the second ADU if it desires.
Following the model of the State Bill, the need for more parking can be reduced if the property is
near City Centers and commercial hubs as this is where buses converge and have more
frequent transit than other areas of the City. The following is a potential code proposal for
Council to consider (this is not currently part of the proposed Ordinance):
(g) The following is required for the parking and driveways areas:
An ADU is not required to provide an additional off-street parking space.
L2)
When two ADUs are located onsite one (1) additional parking space shall be provided unless
the property is located within 1 500 feet of commercial institutional or mixed -use Center
zones
The site must comply with Chapter 20.48 BMC, specifically that the required parking spaces
for the principal unit shall be provided and that all driveways and areas used for loading,
parking, and maneuvering vehicles on the parcel shall have a paved surface.
If Council determines to go with the option only allow a second ADU within areas of 500' from
commercial and mixed use centers, AND desire to allow a parking reduction (as this area is
close to transportation hubs) there is no need to change the code, as the code already allows
ADUs without adding parking.
e Page 8
Memo to ADU Ordinance
Potential Code Revision — Prohibit ADU from being short-term rentals
Potential Code Revisions:
Prohibit ADUs from being used as short-term rentals.
The Council inquired if we allow two ADUs, can we limit the ADUs from being short-term
vacation rentals? Currently the City does not regulate short-term rentals but the ADU code can
contain provisions to prohibit them from being used in this manner.
A proposed code could be:
New Subsection (L) An ADU may not be used as a short-term rental and must be rented
for a minimum of <insert time> or more.
This is very similar to an existing provision from Poulsbo Municipal Code 18.70.070(A)(5)(k)
which have the provision for 90-days.
• Page 9
Memo to ADU Ordinance
How Does other jurisdictions regulate ADUs?
Loosening development restrictions for ADUs is an important tool that the city can utilize to
provide a variety of housing types and income sources for the public. Both nationally and within
Washington, providing more ADU flexibility is becoming increasingly utilized. Over the next three
pages is a table showing what regulations other jurisdictions are implementing:
Tacoma
(amended
May 2019)
(population
218,000)
(populatior
93,000)
Burien
(amended
December
2019)
(population
52,000)
• Page 10
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affordable.
85% of the
principal unit
not to � Generally match
No None 1 the main house in One
exceed materials
1,000
square feet
i � second � 'appearance affordability
requirements.
Detached: Additions shall be
800 square No parking consistent with the Two — one type of
feet required for existing design each attached and
No ADU if within features, detached. No
Attached: ; a'/4 mile of detached ADUs affordability
1000 square I transit stops shall match or requirements.
feet compliment SFR.
Memo to ADU Ordinance
• Page 11
Memo to ADU Ordinance
• Page 12
PREML[ I U l WASHiNGTON
Additional ADUs can help create more affordable housing
The City of Bremerton recently proposed changing rules for Accessory Dwelling Units
(ADUs) to help create more housing to meet the need across the City. The proposal would
permit up to two accessory dwelling units (ADUs) on the same lot as a single-family
house. Currently, the City code limits each lot to one ADU.
Additional ADUs can help provide more housing alternatives. Allowing up to two ADUs per
parcel is one of Mayor Wheeler's initiatives to increase affordable housing in Bremerton.
"As I stated in December, when the City Council heard the City's proposal, the goal is to
allow more ADUs so they can help fill the gap in housing," said Mayor Wheeler. The more
options that are available, the more it tends to increase affordability. Right now, more of
our citizens can't afford rent or to stay in other types of residences. We really have to
address this issue with some solutions like ADUs."
Reports and surveys have found ADUs provide free and ultra -low rent options for family,
friends and elderly loved ones as well as generating rental income for homeowners to
cover their mortgage, among many other benefits. To see the full list, please see Mayor
Wheeler's message here.
The City Council is seeking public feedback on the proposal to permit up to two ADUs per
parcel. Under this proposal, if a second ADU were to be added to a property, an additional
parking space would need to be provided. The Council is requesting feedback regarding
other potential code changes for ADUs as well, including:
• Allowing a 2nd ADU only in certain areas of the City;
• Allowing a 2nd ADU only if the owner of the parcel lives on site;
• Allowing a 2nd ADU only if affordability requirements are met;
• Allowing a 2nd ADU without any parking requirements;
• Prohibiting all ADUs from being used as short-term rentals
To provide your comments, please submit them to the City Council at
C�.Councilt�ci.bremerton.wa.us, 360-473-5280 or Department of Community
Development at Isaac. GloorQci.bremerton.wa.us, 360-473-5281.
Residents may also attend the virtual City Council meeting, and provide testimony before
the council, on Wednesday, February 17, 2021 at 5:30 p.m. To join the meeting and view
the agenda and packet, please visit http://www.oremerionyvA.gov/691/Council-Meetings.
"I encourage residents to submit their public comments on the City's ADU proposal or
attend the City Council meeting on Wed., Feb. 17," said Mayor Wheeler.
4
• a I an MINN01111 to]r•170610
PROOF OF PUBLICATION
Angela Hoover
City Of Bremerton
345 6 Th Street Suite 100
Bremerton WA 98337
STATE OF WISCONSIN, COUNTY OF BROWN.
I, being first duly sworn on oath, deposes and says: That I am
now, and at all times embraced in the publication herein
mentioned was the principal clerk of the printers and
publishers of KITSAP SUN; that said newspaper has been
approved as a legal newspaper by the order of the Superior
Court of the County of Kitsap, in which County it is published
and is now and has been for more than 6 months prior to the
date of the publication hereinafter referred to, published in the
English language continually as a daily newspaper in
Bremerton, Kitsap County, Washington, a weekly newspaper
in Kitsap County, Washington and is now and during all of the
said time, was printed in an office maintained in the aforesaid
place of publication of said newspaper; that the following is a
true text of an advertisement as it was published in regular
issues (and not in supplement form) of said newspaper on the
following date(s), to wit: And on
03/05/2021
such newspaper was regularly distributed to its subscribers
during all of said period.
Subscribed and sworn to before on 03/05/2021
Legal Cjjmlc�7,e
Notary, State of WI((�ounty of Brown
My commision expires
Pub►ication Cost: $14.20
Order No: 5637781
Customer No: 288797
PO #: Ord. 5416
THIS IS NOT AN INVOICE!
Please do not use this form far porynnent rernittmrce.
State of Wisconsin 1
# of Copies:
1
PO Box 52173, Phoenix, AZ. 85072-2173
CITY OF BREMERTONI WASHINGTON
ORDINANCE N0.5416
AN ORDINANCE of the City Council of the City of Bremer-
ton, Washington, amending the Bremerton Municipal Code
Section 20,46,010 to allow two Accessory Dwelling Units.
PASSED by the City Council on the 3rd day of March 2021.
The full text of this ordinance is available from the City
Clerk's Office, 345 Sixth Street, Suite 100, Bremerton, WA
98337.
Mar. 5, 2021 45637781
RECEIVED
MAR 15 2021
OFFICE OF THE
CITY CLERK
Page 1 of 1