Division II. Land Development
Chapter 20.10
COMPREHENSIVE PLAN AMENDMENTS
Sections:
20.10.040 SUSPENSION OF APPLICATIONS.
20.10.050 AMENDMENTS OUTSIDE THE ANNUAL PROCESS.
20.10.075 PRELIMINARY REVIEW AND EVALUATION CRITERIA.
20.10.090 HEARING PROCEDURES - NOTICE REQUIREMENTS.
20.10.100 CITY COUNCIL ACTION.
20.10.010 ANNUAL AMENDMENTS.
The City Council shall consider amendments to the Bremerton Comprehensive Plan no more than once each calendar year, except as provided in BMC 20.10.050. (Ord. 5366 §3 (part), 2019: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4994 §1 (part), 2006: Ord. 4950 §4 (part), 2005: Ord. 4852 §1 (in part), 2003)
20.10.020 APPLICATIONS.
Comprehensive Plan amendments may be initiated by the Department of Community Development or other administrative staff of the City, private citizens, private or public entities or agencies, the Planning Commission, or the City Council. (Ord. 5366 §3 (part), 2019: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4994 §1 (part), 2006: Ord. 4950 §4 (part), 2005: Ord. 4852 §1 (in part), 2003)
20.10.030 TIME OF FILING.
Applications to amend the Comprehensive Plan shall be submitted to the Department of Community Development between the first business day in August and November 15th (or the next business day if it falls on a weekend) to be considered for the following year’s amendments. Applications shall be submitted on forms prescribed by the Department, and a presubmittal meeting is required prior to submittal. Incomplete applications will not be accepted for filing. Requests received after the deadline shall be resubmitted during the next calendar year amendment process. The Director of Community Development may, at his or her sole discretion, accept applications filed after the deadline if review has not begun on the pending applications and acceptance of the late application will not have a significant impact on the processing of the pending applications. (Ord. 5366 §3 (part), 2019: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4994 §1 (part), 2006: Ord. 4971 §3, 2006: Ord. 4950 §4 (part), 2005: Ord. 4852 §1 (in part), 2003)
20.10.040 SUSPENSION OF APPLICATIONS.
The City Council may, by motion or resolution, suspend the amendment process for any given calendar year. However, in no case shall the amendment process be suspended for two (2) consecutive calendar years. (Ord. 5366 §3 (part), 2019: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4994 §1 (part), 2006: Ord. 4950 §4 (part), 2005: Ord. 4852 §1 (in part), 2003)
20.10.050 AMENDMENTS OUTSIDE THE ANNUAL PROCESS.
Pursuant to RCW 36.70A.130, the City Council may consider amendments to the Comprehensive Plan outside the annual review process set forth in BMC 20.10.010 under the following circumstances:
(a) Subarea Plan. The initial adoption of a subarea plan that does not modify the Comprehensive Plan policies and designations applicable to the subarea; and
(b) Shoreline Master Program. The adoption or amendment of a Shoreline Master Program under the procedures set forth in Chapter 90.58 RCW; and
(c) Capital Facilities Element. The amendment of the capital facilities element of the Comprehensive Plan that occurs concurrently with the adoption or amendment of the City’s budget; and
(d) Planned Actions. The adoption of Comprehensive Plan amendments necessary to enact a planned action under RCW 43.21C.031(2); and
(e) Emergency Amendments. At any time an emergency situation exists, emergency Comprehensive Plan amendments may be processed separately and in addition to the standard annual amendment process even though such emergency amendment results in a Comprehensive Plan amendment more frequently than once per year. Prior to considering an emergency amendment, the City Council shall, by resolution or motion, make a finding that an emergency situation exists. The following shall constitute a basis for emergency amendments:
(1) Situations involving official, legal, or administrative actions, such as those to immediately avoid an imminent danger to public health and safety, prevent imminent danger to public or private property or to prevent an imminent threat of serious environmental degradation;
(2) To address the absence of adequate and available public facilities or services;
(3) To resolve an appeal of the Comprehensive Plan filed with the Central Puget Sound Growth Management Hearings Board or court, or to comply with a decision of the Board or court or of a State agency or office or the State Legislature necessitating an emergency Comprehensive Plan amendment; or
(4) Council confirmation of the Director’s finding of a conflict, inconsistency, deficiency or other internal defect in the Comprehensive Plan that requires correction for clear, complete and consistent policy direction. (Ord. 5366 §3 (part), 2019: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4994 §1 (part), 2006: Ord. 4950 §4 (part), 2005: Ord. 4852 §1 (in part), 2003)
20.10.060 SEPA REVIEW.
After the annual Comprehensive Plan amendment docket is established, the City’s responsible official shall review the cumulative environmental effect of all proposed Comprehensive Plan amendments, pursuant to the Washington State Environmental Policy Act (SEPA). If the responsible official determines that a draft final or supplemental environmental impact statement (EIS) or other appropriate environmental review is warranted, applicants may be responsible for a full or proportionate share of the costs of preparing the environmental analysis as determined by the responsible official. (Ord. 5366 §3 (part), 2019: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4994 §1 (part), 2006: Ord. 4950 §4 (part), 2005: Ord. 4852 §1 (in part), 2003)
20.10.070 CUMULATIVE EFFECT.
In considering annual amendments to the Comprehensive Plan, the Planning Commission and the City Council shall consider all proposed amendments concurrently to assess their cumulative effect. The analysis of cumulative effect shall be conducted pursuant to BMC 20.10.060 and shall be entered into the hearing records of the Planning Commission and City Council prior to any action. (Ord. 5366 §3 (part), 2019: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4994 §1 (part), 2006: Ord. 4950 §4 (part), 2005: Ord. 4852 §1 (in part), 2003)
20.10.075 PRELIMINARY REVIEW AND EVALUATION CRITERIA.
(a) Prior to the Planning Commission recommendation to City Council, the Department shall conduct a preliminary review and evaluation of proposed amendments and assess the extent of review that would be required under the SEPA in this chapter. The preliminary review and evaluation shall include any review by other departments deemed necessary by the Department and shall be based on the following criteria:
(1) Is the proposed amendment consistent with the county-wide planning policies, the Growth Management Act (GMA), other state or federal law, or the Washington Administrative Code?
(2) Would the proposed amendment cause little or no adverse environmental impacts, and is the time required to analyze impacts available within the time frame of the standard annual review process?
(3) Is sufficient analysis completed to determine any need for additional capital improvements and revenues to maintain level of service, and is the time required for this analysis available within the time frame for this annual review process?
(4) Can the proposed amendment be considered now without conflicting with some other Comprehensive Plan established timeline?
(5) Can the proposed amendment be acted on without significant other amendments or revisions not anticipated by the proponents, and is the time required for processing those amendments or revisions available within the time frame of this annual review process?
(6) If the proposed amendment was previously reviewed, ruled upon or rejected, has the applicant identified reasons to review the proposed amendment again?
(b) If the Department determines that the answer to any of the above questions is no, it may recommend to the Planning Commission that the proposed amendment or revision not be further processed in the current amendment review cycle. Upon direction from the Planning Commission, Department staff will inform those whose proposed amendments or revisions will not be considered because (a) impact analysis beyond the scope of the amendment process is needed; (b) the request does not meet preliminary criteria; or (c) likelihood of inclusion of the proposal in a department’s work program. Proponents may resubmit proposals to the Department at any time, subject to the timelines contained in this chapter. (Ord. 5366 §3 (part), 2019)
20.10.080 DECISION CRITERIA.
The Planning Commission may recommend, and the City Council may adopt or adopt with modifications, an amendment to the Comprehensive Plan if:
(a) There exists an obvious technical error in the pertinent Comprehensive Plan provisions; or
(b) All the following criteria have been met:
(1) The amendment is consistent with the Growth Management Act;
(2) The amendment is consistent with the Comprehensive Plan or other goals or policies of the City;
(3) If the amendment was reviewed but not adopted as a part of a previous proposal, circumstances related to the proposed amendment have significantly changed, or the needs of the City have changed, which support an amendment;
(4) The amendment is compatible with existing or planned land uses and the surrounding development pattern; and
(5) The amendment will not adversely affect the City’s ability to provide urban services at the planned level of service and bears a reasonable relationship to benefitting the public health, safety and welfare. (Ord. 5366 §3 (part), 2019: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4994 §1 (part), 2006: Ord. 4950 §4 (part), 2005: Ord. 4852 §1 (in part), 2003)
20.10.090 HEARING PROCEDURES - NOTICE REQUIREMENTS.
The Department of Community Development shall prepare a report on proposed plan amendments which shall be presented to the Planning Commission at a public hearing. The Planning Commission shall hold one (1) or more hearings on the proposed amendments. Following the public hearing by the Planning Commission, the Planning Commission’s recommendation shall be forwarded to the City Council for action. For proposed text amendments, notice of the first Planning Commission and the first City Council public hearing shall be given in at least one (1) publication in the local newspaper at least ten (10) days prior to said hearing. (Ord. 5366 §3 (part), 2019: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4994 §1 (part), 2006: Ord. 4950 §4 (part), 2005: Ord. 4852 §1 (in part), 2003)
20.10.100 CITY COUNCIL ACTION.
Following receipt of the Planning Commission recommendation, the City Council shall affirm, deny, modify or return the application to the Commission for further consideration. In the event the City Council modifies the recommendation, it shall make its own findings and set forth in writing the reasons for the action taken. If the City Council makes a substantial modification to the Planning Commission recommendation, it shall hold at least one (1) additional hearing on the modified recommendation prior to adoption. (Ord. 5366 §3 (part), 2019: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4994 §1 (part), 2006: Ord. 4950 §4 (part), 2005: Ord. 4852 §1 (in part), 2003)
20.10.110 APPEALS.
Appeals from a decision of the Bremerton City Council shall be pursuant to Chapter 36.70A RCW. (Ord. 5366 §3 (part), 2019: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 4994 §1 (part), 2006: Ord. 4950 §4 (part), 2005: Ord. 4852 §1 (in part), 2003)