016-23 - Ordinance - Planning CommissionDocuSign Envelope ID: 1736A03F-CA9E-4BF4-87D5-FBC512300C49
ORDINANCE NO.016-23
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
ADOPTING REVISIONS TO PORT ORCHARD MUNICIPAL CODE (POMC)
2.20 TO PROVIDE UPDATED GUIDANCE TO THE PLANNING
COMMISSION TO CARRY OUT THEIR DUTIES; AMENDING POMC
SECTIONS 2.20.010, 2.20.020, 2.20.030, 2.20.050 AND 2.20.080 TO
MAKE HOUSEKEEPING CHANGES, AMENDING 2.20.080 TO UPDATE
QUORUM REQUIREMENTS INCLUDING REMOTE PARTICIPATION,
ADDING NEW SECTION POMC 2.20.025 TO OUTLINE REQUIREMENTS
AND PROCEDURES FOR COMMISSION MEETINGS, ADDING NEW
SECTION POMC 2.20.035 REGARDING ATTENDANCE TO ADDRESS
REMOTE PARTICIPATION PROCEDURES, AND NEW SECTION POMC
2.20.065 REGARDING RECORDS OF THE PLANNING COMMISSION,
PROVIDING FOR SEVERABILITY, CORRECTIONS, AND PUBLICATION; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council desires to amend POMC Chapter 2.20 (Planning
Commission) in order to provide updated guidance to the Planning Commission to carry out
their duties, including amending or adopting procedures to address remote participation by
Planning Commission Members; and
WHEREAS, on May 9, 2023, the City's SEPA official issued a determination of non -
significance for the proposed adoption of revisions POMC 2.20, and there have been no
appeals; and
WHEREAS, on June 6, 2023, the Planning Commission held a duly noticed public hearing
on the proposed adoption of revisions to POMC 2.20, and the Planning Commission
recommended approval of the proposed ordinance to the City Council; and
WHEREAS, the City Council, after careful consideration of the recommendation from the
Planning Commission, all public comment, and the Ordinance, finds that this Ordinance is
consistent with Chapter 35.63 RCW, and that the amendments herein are in the best interests
of the residents of the City and further advance the public health, safety and welfare; now,
therefore,
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. Section 2.20.010 of the Port Orchard Municipal Code is hereby amended to
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read as follows:
2.20.010 Planning Csommission created.
Pursuant to Chapter 35.63 RCW, there is created a Ceity Pplanning Csommission, which
shall consist of seven members appointed by the Mmayor and confirmed by the Ceity
Csouncil; six shall be residents of the Ceity and one may be a nonresident of the Ceity
except the Mmayor and Ceity Ceouncil may, by council resolution, temporarily extend
the term of a Planning Ceommissioner who, during their,",�k Ar her term, moves out of
the Ceity, to provide for continuity of specific projects or planning processes.
SECTION 3. Section 2.20.020 of the Port Orchard Municipal Code is hereby amended to
read as follows:
2.20.020 Planning Csommission positions, terms, and term ending dates.
(1) Planning Ceommissioner terms shall be four years in length. There shall be seven
P-planning Ceommissioner positions to be known as Position 1, Position 2, Position 3,
Position 4, Position 5, Position 6, and Position 7, respectively. The current term
expiration for each of the respective Pialanning Csommission positions as of the date of
the ordinance codified in this chapter 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 subsection (1) of this
section, reappointments or successors shall be appointed by the Mayor for tl4ea term
of four years each. When an appointment by the M4:Rayor 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 th_ evHave he er She has been appointed.
SECTION 4. A new Section 2.20.025 is hereby added to the Port Orchard Municipal Code
to read as follows:
2.20.025 Conduct of meetipfs.
The fol lowing standards shall a pply to Planning Commission m eetin s:
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(1) Planning Commission meetin s will be held consistent with the Open Public
Meetings Act Chapter 42.30 RCW and the Public Records Act Chapter 42.56 RCW.
(2) The rules contained in the current edition of Robert's Rules_ of Order Newly Revised
shall -govern the Planning; Commission in all cases to which they are applicable and in
whi h they are not inconsistent with any sl2ecial rules of order the Plannin
Commission ma adopt.
(3) PI a n n i ng Commission mggttg5mst have a p h y§J=cag location fQLtbg pubIic to
attend, however members of the Planning Commission may attend the meetin
remotely. The means of remote access shall allow real-time verbal communication.
(4) A Planning Commission -quorum shall be required for passage of any matter before
the Planning? Commission.
(5) The minutes of the meeti ng sh a II reflect the ayes and na ys cast on a p arts I a r
measure as well as the vote of each member present.
(6) Whenever a tie vote occurs, such a vote shall be considered no decision concluded.
In such a case the Chairperson shall call for a new motion r heaLinp no new
motion and cletermininp—the matter under consideration cannot be resolved during
the current meeting, shall announce and direct the matter to be carried over to the
next Planning Commission agenda, at which time it shall be scheduled for further
consideration; or, the Chairperson may forward the request to,the City Council with
no recommendation accompanied by the minutes of the request.
SECTION 5. Section 2.20.030 of the Port Orchard Municipal Code is hereby amended to
read as follows:
2.20.030 Powers and duties.
The Pplanning Cc-ommission 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.
SECTION 6. A new Section 2.20.035 is hereby added to the Port Orchard Municipal Code
to read as follows:
2.20.035 Attendance.
Planning Commis inners shall attend Planning Commission meetings in the physical
I cation where the meeting is held. Planning ommi sioners may attend meetings
remotely if necessary. If the Chair is unable to be present in the physical location where
the meeting is held the Vice Chair, if physically present,shall chair the meetin . If
neither the Chair nor Vice Chair are resent another o mi ssioner who is h sicall
present, shall chair the meeting. Such selection shall be as voted qn=ky the membershi
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SECTION 7. Section 2.20.040 of the Port Orchard Municipal Code is hereby amended to
read as follows:
2.20.040 Recommendations to City Csouncil.
The Ceity Ceouncil may refer to the Pplanning Ceommission 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 Planning Ceommission shall
promptly report to the Ci�eouncil thereon, making such recommendations and giving
such counsel as it may deem proper.
SECTION 8. Section 2.20.060 of the Port Orchard Municipal Code is hereby amended to
read as follows:
2.20.060 Meetings of Planning Ceommission — Records.
The Planning Ceommission shall elect its own Cehairperson and create and fill such
other offices as it may determine it requires. In general, the Planning Ceommission shall
hold a regular meeting once per month; however, during any month, the Cc -hair of the
Planning Ccommission or the Ceity's Department of Community Development planning
D'director may determine that there are no review items requiring the Pialanning
Ceommission to hold a regular meeting and conduct business during that month; or,
that there are review items requiring the Pplanning Ceommission 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 Chapter 42.30 RCW.
SECTION 9. A new Section POMC 2.20.065 is hereby added to the Port Orchard
Municipal Code to read as follows:
2.20.065 Recordkee in .
The City hall provide a recording of all Planning Commission meetinju by electronic
means. The City shall furnish a copy of a record ing of any meeting upon written request
of any interested party. The party requesting the copy of the recording must bear the
costs of producing a copy of the recording. The Plannin Commission will also keep a
written record of its meetinjzs. resolutions, transactions findings, and conclusions. That
record shall be a ,public record.
SECTION 10. Section 2.20.070 of the Port Orchard Municipal Code is hereby amended
to read as follows:
2.20.070 Quorum.
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.(I) A simple majority Pour- er,n., b of the Pplanning Ceommission shall constitute a
quorum for the transaction of business. Any action taken by a majority of those present
at any regular meeting of the Pplanning Ceommission shall be deemed and taken as the
action of the Plannin&commission.
2 Plannin ig Commissioners atten d i nig meetin Rs remotel will —co--u ra in the uorum.
In the case of a meeting being interrupted by the loss of a auorum during the taking of
ublic comments or testimony.,testimoMy., the Planning Commission may continue to accept and
record all the public comments that are offered but may not take any action_ on that
agenda item nor may continue to another agenda item, other than to adjourn.
3 When a quorum doea not exist at_-a-regul-arly scheduled oEspecial meetin a
-mem of the Planning Com m ission ma announce to all present that an u li
hearings are continued to a time date and location certain, thereby avoiding the need
to re -advertise such public hearings.
SECTION 11. Section 2.20.080 of the Port Orchard Municipal Code is hereby amended
to read as follows:
2.20.080 Annual report to City Ccouncil.
The P-planning Ceommission, at or before its first regular meeting in February of each
year, shall make a full report in writing to the Ceity Ceouncil 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 12. Severability. If any section, sentence, clause, or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
SECTION 13. 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 14. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 15. Effective Date. This Ordinance shall take effect and be in full force and
effect five days after publication, as provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 13th day of June 2023.
DocuSign Envelope ID: 1736A03F-CA9E-4BF4-87D5-FBC512300C49
Ordinance No. 016-23
ATTEST:
DocuSigned by:
r 6VAJAJ� UQLVt,
) �AsIqA
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
DocuSigned by:
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Charlotte A. Archer, City Attorney
PUBLISHED: June 16, 2023
EFFECTIVE DATE: June 21, 2023
DocuSigned by:
�b PlM"G 4VUSWA,
Robert Putaansuu, Mayor
SPONSOR:
i
Jay Ro pe, ❑uncil mbar
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