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040-19 - Resolution - Adopting Public Participation Plan Shorelien Master ProgramRESOLUTTON NO. 040-19 A RESOTUT ON OF THE CITY OF PORT ORCHARD, WASH NGTON, ADOPT NG THE PUBI C PART CTPATION PIAN AND WORK PROGRAM FOR CONDUCTING THE LEG SIATURE,S MANDATED 2OL9 SHORELINE MASTER PROGRAM PERIODIC REV EW UPDATE. WHEREAS, RCW 90.58.080(a) of the State Shoreline Management Act (SMA) requires that the City of port Orchard take tegislative action to review and if necessary, amend its Shoreline Master Program according to the schedule provided therein, as modified by the interpretive policy statement issued by the Department of Ecology on August 14, 20L9; and WHEREAS, to assist SMA-planning jurisdictions the Department of Ecology, which administers the SMA, provides compliance checklists for agencies to review against their local Shoreline Master Programs (SMP); and WHEREAS, City staff used the Ecology checklists to review the City's SMP for compliance with applicable provisions of the SMA; and WHEREAS, City staff have also conducted an initial review of the City's SMP for consistency with the City's current Comprehensive Plan and development regulations, and have prepared initial considerations of changed circumstances, new information and improved data relevant to the City's SMP; and WHEREAS, Iocal governments are required to establish a program that identifies procedures and schedules for the public to participate in the periodic SMP update process; and WHEREAS, on November 5, 2OL9, the City of Port Orchard Planning Commission reviewed the SMP Public Participation Plan, Tentative Schedule and Work Plan, and recommended approva! of such plan to the City Council; and WHEREAS, on November Lg, zOLg, the City Council reviewed the SMP Public participation Plan, Tentative Schedule and Work Plan at its work-study session; now, therefore, THE CITY COUNC t OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. S MP Public Parti cipation Plan , Tentative Schedu le and Work option. The City Council hereby adopts the 2019 Shoreline Master Program Public Participation Plan, Tentative Schedule and Work Plan attached as Exhibit 1,, for the 2019 Shoreline Master Program periodic review. Plan Resolution No.040-19 Page 2 of 2 PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this 26th day of November 2019. Robert Putaansu ATTEST: Brandy Rinearson, MMC, City Clerk EXHIBIT 1: SMP Public Participation Plan, Tentative Schedule and Work Plan \L^ Ctyof Po tO ch rd ho Ii M terPr amPr d Rvi w u ic r ic ainPro r m an W rk lan ovember 20,2OL9 Shore ine Master Program Periodic eview Publi Parti p t nProgram ndw rkP n Tab e of Contents Contact Informat on Introduction Goa s Sco e of Periodic Rev ew Antic pated T me! ne Oppoftunit es for u lic Paft cipat on How to Get and Stay Invo ved Outreach Methods and Too s Potent a! Groups for Outreach Work Plan ii 1 1 1 2 2 3 3 6 il i Contact Information for SMP Per odic Review To sign up for the SMP email notification list or to submit an email comment: pla n n i ng@citvofpo rto rcha rd. us To submit a comment by regular mail: City of Port Orchard Department of Community Affairs 2L4 Prospect St Port Orchard, WA 98366 To view documents in person: City of Port Orchard Department of Community Affairs 720 Prospect St Port Orchard, WA 98366 To ask a question by phone: Keri Sa!!ee, Long Range Planner (360) 874-ss33 'lI Introduct on The City of Port Orchard (City) is conducting the periodic review of its Shoreline Master Program (SMP). The Shoreline Management Act ( ) requires each city and county to review, and, if necessary, revise their SMP at least once every eight years. The City's periodic review is due to be completed on or before June 30,2020. The City is using the optionaljoint state/local review process in partnership with the Department of Ecology (see ). This joint review process means that the state and city public comment period, which includes at least one public hearing, wil! run concurrently. The review process also includes initial review and final approva! by the Department of Ecology. The SMA requires that local governments provide a full opportunity for involvement in both the development and implementation of their SMPs. ln other words, the periodic review requires a public participation program that provides for early and continuous involvement of interested parties throughout the review process. This Public Participation Program outlines the scope and timing of the amendment process and describes opportunities for public participation at each step along the way to state approval. Goa s Overall goals of this Public Participation Program are to: Provide objective information to assist the public in understanding issues and solutions related to the SMP itself and the periodic review process. Provide opportunities to the public to contribute ideas and provide feedback through all steps of the periodic review process. Make the periodic review process accessible and engaging to interested participants by using a variety of media, plain !anguage, and easy-to-understand materials. Scope of Periodic Review The required minimum scope of review as established by the sMA is: (A) To assure that the master program complies with applicable law and guidelines in effect at the time of the review; and (B) To assure consistency of the master program with the local government's comprehensive plan and development regulations adopted under the state Growth Management Act (Chapter 36.704 RCW), if applicable, and other local requirements. The periodic review process provides the method for bringing shoreline master programs into comptiance with the requirements of the SMA that have been added or changed since the tast review and for responding to changes in guidelines adopted by the state, together with a review for consistency with amended comprehensive plans and regulations. The periodic review also provides an opportunity to incorporate amendments to reflect changed circumstances, new information, or improved data. The City's periodic review will meet minimum requirements with a focus on amendments to (a) improve implementation effectiveness and (b) better reflect new information and improved data related to specific topics such as climate change adaptation and aquaculture. The scope of the periodic review is outlined in the proposed work plan included in this document. o o a 1l Ant cipated Time ne The City anticipates the periodic review will follow the general timeline below. Each phase, as discussed above, will have a distinct review period. Specific meeting and public hearing dates will be made available in accordance with state and local requirements and best practices. . November 2O1r9 - January 2O2O. Cascadia Consulting Group/Kitsap County, preparation of Climate Change Resiliency Study for overall Kitsap County with appendices for Cities of Bremerton and Port Orchard. (Phase I climate change/sea level rise analysis) . January 2O2O- March 2O2O. Cascadia Consulting Group, preparation of planning and policy recommendations for downtown/Blackjack Creek estuary, in response to anticipated sea level rise to 2050. (Phase ll climate change/sea level rise analysis) . April 2O2O. Staff prepares draft updated SMP incorporating Cascadia recommendations. . May - June 2O2O. Planning Commission review. . July 2020. 30-day public comment period with public hearing. . August 2O2O - October 2O2O. Ecology submittal and review. . November - December 2020. City Counci! review and adoption. . January-February 2021. Ecology final review and approval. . March 2021. Periodic review complete. Oppoftun t es for Pub ic Paftic pat on The City is committed to providing multiple opportunities for the public to engage in the SMP periodic review process. Most meetings will be hosted by the Planning Commission or the City Council. ln-person public participation opportunities include: P ann ng Comm ss on eet ngs The Commission will discuss and consider potential changes to the SMP at regularly scheduled meetings and will hold at least one public hearing. The public hearing will be a joint public hearing with the Department of Ecology during the required 30-day public comment period. The Commissioners will consider public input to prepare draft revisions to the SMP, as appropriate. After completing their review, the Planning Commission's recommended draft amendments will be submitted to the Department of Ecology for the state's initial determination of consistency with the SMA. Planning Commission meetings are held on the first Tuesday the month at 5:00 pm at City Hall in the Council Chambers. Special meetings may be held at an earlier time or on a different day, as needed, and public notice will be provide in advance of any special meeting. Public comment is accepted at all Planning Commission meetings. Meeting materials are provided in the agenda packet, which is generally published on the City's website on the Friday prior to the meeting: 2l As indicated above, the periodic review process requires a 30-day public comment period during which at least one public hearing must be held. Pursuant to the joint review process, the City will hold at least one joint public hearing with the Department of Ecology. The public hearing will be held at a Planning Commission meeting and be advertised, including via the City's website and in the local newspaper prior to the hearing. The public comment period provides opportunity for written comment and in-person testimony at the public hearing. Subsequent to the 30-day comment period and Ecology review, City staff will present the Department of Ecology's initial determination to the City Council. The City Council will then discuss and consider amendments to the SMP at a regularly scheduled City Council meeting, and may choose to hold a public hearing. [Note: Only one public hearing is required.] At the end of its review process, the City Council must take legislative action declaring the review process complete. lt is anticipated that the City Council will adopt an ordinance approving the amendments proposed during the periodic review and authorizing staff to forward the periodic review to the Department of Ecology for state approva!. Regular City Council meetings are held on the second and fourth Tuesdays of each month, beginning at 6:30 pm at City Hall in the Council Chambers. Public comment is accepted at all regular City Council meetings. Meeting materials are published in the agenda packet, which is published on the City's website on the Friday prior to the meeting:httos:l I w.ciWofoo rtorcha rd. uslcitv-cou nci l-ase ndas/ How to Get and Stay nvo ved As well as coordinating with other localjurisdictions, tribes, and state and federal agencies, the City will use several modes of communication to continuously inform the public and encourage participation in the SMP update, including: Sign up for the C ty's email notification list: Members of the public can sign up to receive email notifications about public meetings and other aspects of the SMP amendment process. Publ c comments: Members of the public can provide in-person comments by testifying to the Planning Commission and City Council, or by providing written comments submitted to the City by letter or email. All comments wil! be documented, retained, and available for public review. Webs te: The City will maintain this SMP update page on its website with updates, important dates, background materials, and draft documents. Soc a Media Outreach: The City will provide notifications about public meetings and hearings and other aspects of the SMP amendment process on the City's Facebook page and the Port Orchard community Facebook page. Public not fication. The City will publish notifications about public meetings and hearings in the Port Orchard lndependent and on the City's webpage. Outreach ethods and Too s The overall objective of this Public Participation Program is to describe how the City wil! engage the public during the course of the periodic review process. This Public Participation Program may continue a a a a a 3l to be reviewed and refined throughout the review process, if needed. The City will utilize a variety of modes of communication to engage the public. Public outreach will consist of in-person outreach efforts, traditional media and advertising, and outreach efforts utilizing technology and social media. Public meetings will be noticed as far in advance as possible. In-Person Outreach ethods o ln-person presentations at group meetings, such as the Port Orchard Bay Street Association, Chamber of Commerce, etc. Trad tiona ed a and Adveftising . Press releases to local papers, blogs and newsletters. Utilize community organization email lists, newsletters, and social media o U.S. postal mailout to shoreline propertyowners and marina/boatyard business owners. o Public notice in the Port Orchord lndependent . Emails to City email interest group lists Techno ogy and Soc a med a . City website - Background information, existing SMP, usefu! weblinks to planning resources, and materials prepared for public meetings will be available to the public on the City's SMP proiect page and as hard copies at the Department of Community Development. . Updates related to the SMP periodic review process will be posted ontheCity'sFacebook page and on the Port Orchard community Facebook page. Potentia Groups for Outreach City staff wi!! initiate contact and communicate about the SMP periodic review process with the following potential groups. Staff anticipates developing an emai! !ist to maintain communication with these Sroups. The email list will be expanded to include other interested parties as the City is notified of their desire to be informed of and to participate in the SMP update process. Federal and State Agencies Department of Defense (Naval Base Kitsap) Washington State Department of Commerce Washington State Department of Transportation Washington State Department of Fish and Wildlife Washington State Department of Natural Resources 4l Loca I Govern ments/Age ncies City of Bainbridge lsland City of Bremerton City of Poulsbo Housing Kitsap Kitsap County Kitsap Public Health District Kitsap Regional Coordinating Council Kitsap Transit Port of Bremerton South Kitsap Fire & Rescue South Kitsap School District West Sound Utility District Tribes Suquamish Tribe Business/Com m u n ity G ro ups Kitsap Alliance of Property Owners Kitsap Building Association Kitsap County Association of Realtors Port Orchard Chamber of Commerce Port Orchard Bay Street Association sl Work P an The work plan includes those items that have been identified by staff in a Gap Analysis as most in need of review and revision, as summarized below. For more specific analysis, discussion and revision information,refer to the Gap Analvsis document. General . Remove references to previous versions of the SMP, obsolete POMC references, permit review requirements that are no longer valid, etc. Update plans included by reference to their most current version (e.9., Blackjack Creek Plan). . Update shoreline maps as needed for consistency with current UGA boundaries and zoning. . Revise shoreline use categories and tables for consistency with Zoning Code to remove uses not currently allowed in shoreline area zones (heavy industry, mining, agriculture, etc). . Regulatory measures for small cell communication facilities in the shoreline zone, consistent with FCC rules. . Update shoreline enforcement regulations to be consistent with 2OL9 POMC civil and criminal enforcement regu latio ns. Ecology Required . Address all items in Ecology's Periodic Review Checklist (912012017) that were not included in the City's 2OL8 minor SMP amendment, 2016 CriticalAreas Ordinance or Comprehensive Plan update, or other codes and regulations. Future Sea Leve! Rise/Downtown Development a The City's shoreline is highly altered from its pre-development state, and most of the downtown development within the City's shoreline zone is built on areas of low-lying fill. The City will hire a consultant to review existing climate change data and future sea level rise projections, and apply this information to the downtown Port Orchard shoreline, with the objective of determining what policy and planning measures may need to be incorporated in the SMP to address future development and redevelopment potential, protection of existing development and infrastructure, protection of natural resources and mitigation options, over a planning period equivalent to or exceeding the City's comprehensive plan horizon (2O years).