036-20 - Ordinance - Amending Chapter 2.20 Planning CommissionORDINANCE NO. 036-20
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING CHAPTER 2.20 (PLANNING COMMISSION) OF THE PORT
ORCHARD MUNICIPAL CODE; AMENDING PROVISIONS FOR PLANNING
COMMISSIONER POSITIONS, TERMS, TERM ENDING DATES, AND MEETING
REQUIREMENTS; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, per Chapter 35.63.020 and 35.63.030 RCW, the City of Port Orchard (City) has
established a planning commission consisting of eight members, as provided in section
2.20.010 of the Port Orchard Municipal Code (POMC); and
WHEREAS, per RCW 35.63.020, the City may elect to seat a planning commission
consisting of any amount from three to twelve members, appointed by the Mayor and
confirmed by the Council; and
WHEREAS, per section 2.20.050 POMC, the planning commission is required to hold at
least one regular meeting in each month and not less than nine meetings in each year; and
WHEREAS, per section 2.20.070 POMC, five members of the planning commission shall
constitute a quorum for the transaction of business; and
WHEREAS, staff has reviewed the planning commission’s size and schedule and
determined that the City can provide better service to the residents of Port Orchard by
reducing the size and frequency of meetings, and encouraging participation by lessening the
time burden on those who volunteer to serve on the planning commission; and
WHEREAS, accordingly, the City Council desires to revise sections 2.20.010 and 2.20.070
POMC to reduce the number of planning commissioners from eight to seven, with a quorum
of four members for the transaction of business; and
WHEREAS, the City Council desires to revise section 2.20.050 POMC, to clarify that the
planning commission shall generally hold a regular meeting once per month, but that this
schedule may be revised as needed based on the number of items submitted for review, or
lack thereof in a particular month; and
WHEREAS, on July 28, 2020, the City submitted to the Department of Commerce a
request for a 15-day expedited review of the proposed revisions to subsections 2.20.010,
2.20.050, and 2.20.070 POMC; and
Ordinance No. 036-20
Page 2 of 5
WHEREAS, on November 24, 2020, the City Council held a duly-noticed public hearing on
the proposed revisions to subsections 2.20.010, 2.20.050, and 2.20.070 POMC; now, therefor,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. The City Council adopts all of the “Whereas” sections of this ordinance as
findings in support of this ordinance.
SECTION 2. Chapter 2.20 of the Port Orchard Municipal Code is hereby amended to read
as follows:
Chapter 2.20
PLANNING COMMISSION
Sections:
2.20.010 Planning commission created.
2.20.020 Planning commission positions, terms and term ending dates.
2.20.030 Powers and duties.
2.20.040 Recommendations to council.
2.20.050 Repealed.
2.20.060 Meetings of commission – Records.
2.20.080 Quorum.
2.20.090 Annual report to council.
2.20.010 Planning commission created.
Pursuant to Chapter 35.63 RCW, there is created a city planning commission, which shall
consist of seven members appointed by the mayor and confirmed by the city council; six
shall be residents of the city and one may be a nonresident of the city except the mayor
and city council may, by council resolution, temporarily extend the term of
commissioner who, during his or her term, moves out of the city, to provide for
continuity of specific projects or planning processes.
2.20.020 Planning commission positions, terms, and term ending dates.
(1) Planning commissioner terms shall be four years in length. There shall be seven
planning commissioner positions to be known as Position 1, Position 2, Position 3,
Position 4, Position 5, Position 6, and Position 7, respectively. The current term
Ordinance No. 036-20
Page 3 of 5
expiration for each of the respective planning commission positions as of the date of
this ordinance is as follows:
Position Term Expiration
Position 1 December 31, 2020
Position 2 December 31, 2020
Position 3 December 31, 2021
Position 4 December 31, 2022
Position 5 December 31, 2023
Position 6 December 31, 2023
Position 7 December 31, 2023
(2) Upon expiration of the terms of each position as provided in (1) above,
reappointments or successors shall be appointed by the mayor for the term of four
years each. When an appointment by the mayor is to fill an open position prior to the
end of the term, then the person so appointed shall serve out the term of the position
into which he or she has been appointed.
2.20.030 Powers and duties.
The planning commission shall have all of the powers and perform each and all of the
duties specified by Chapter 35.63 RCW, together with any other duties or authority
which may hereafter be conferred upon them by laws of the state of Washington, the
performance of such duties and the exercise of such authority to be subject to each and
all the limitations expressed in Chapter 35.63 RCW.
2.20.040 Recommendations to council.
The city council may refer to the planning commission for its recommendation and
report, any ordinance, resolution or other proposal relating to any of the matters and
subjects referred to in Chapter 35.63 RCW, and the commission shall promptly report to
the council thereon, making such recommendations and giving such counsel as it may
deem proper.
2.20.050 Plats submitted to commission.
Repealed by Ord. 047-07.
2.20.060 Meetings of commission – Records.
Ordinance No. 036-20
Page 4 of 5
The commission shall elect its own chairman and create and fill such other offices as it
may determine it requires. In general, the commission shall hold a regular meeting once
per month; however, during any month, the chair of the commission or the city’s
planning director may determine that there are no review items requiring the planning
commission to hold a regular meeting and conduct business during that month; or, that
there are review items requiring the planning commission to hold a regular meeting and
conduct business more often than once during that month. All meetings shall be open to
the public and shall be noticed in accordance with Ch. 42.30 RCW. It shall adopt rules of
transaction of business and shall keep a written record of its meetings, resolutions,
transactions, findings and determinations, which record shall be of public record.
2.20.070 Quorum.
Four members of the planning commission shall constitute a quorum for the transaction
of business. Any action taken by a majority of those present at any regular meeting of
the planning commission shall be deemed and taken as the action of the commission.
2.20.080 Annual report to council.
The planning commission, at or before its first regular meeting in February of each year,
shall make a full report in writing to the city council of its transactions and expenditures,
if any, for the preceding year, with such general recommendations as to matters
covered by its prescribed duties and authority as may to it seem proper.
SECTION 3. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity of constitutionality of any other
section, sentence, clause or phrase of this ordinance.
SECTION 4. Corrections. Upon the approval of the city attorney, the city clerk and/or
code publisher is authorized to make any necessary technical corrections to this ordinance,
including but not limited to the correction of scrivener’s/clerical errors, references, ordinance
numbering, section/subsection numbers, and any reference thereto.
SECTION 5. Effective Date. This ordinance shall be published in the official newspaper of
the city and shall take full force and effect on the 15th day of December 2020. A summary of this
ordinance in the form of the ordinance title may be published in lieu of publishing the ordinance
in its entirety.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this 24th day of November 2020.
Ordinance No.036-20
Page 5 of 5
A
Brandy Rinearso MC, City Clerk
APPROVED AS TO FORM
Charlotte A. Archer, City Attorney
PUBLISHED: November 27, 2O20
EFFECTIVE DATE: December 75,2O2O
Robert Pu u, Mayor
SPONSOR:
Scott Diener, Councilmember
ilil
RPOQ
EALS