011-20 - Ordinance - Temp Suspending Approval and Permit Expiration and Tolling ProcessingoRDTNANCE NO.011-20
AN INTERIM ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON, REIAT!NG TO THE COVID-19 PANDEMIC;
TEMPORARILY SUSPENDING APPROVAL AND PERMIT EXP!RATION
AND TOLIING PROCESSING PROCEDURAT DEADTINES;
AUTHORIZI NG ADM I N ISTRATIVE ACTI ON AN D I NTE RPRETATIONS;
DECIARING A PUBIIC EMERGENCY; ESTABLISHING AN EXPIRATOIN
DATE CONSISTENT wlTH RCw 35.70A.390; PROVIDING FOR
SEVERABILITY; ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the World Health Organization has determined that a global pandemic exists
due to the novel coronavirus known as COVID-19; and
WHEREAS, on February 29, 2O2O, the Governor of the State of Washington issued
Proclamation 20-25, proclaiming the existence of a State of Emergency due to COVID-l9 and
restricted the conduct of non-essential business and activities by Washington's residents; and
WHEREAS, on March 25, 2O2O, the Governor provided direction that construction
activities are not considered essential under Proclamation 20-25, except in limited
circumstances; and
WHEREAS, on March 24, 2O2O, the Governor issued Proclamation 20-28, prohibiting in-
person meetings by local government agencies but authorizing meetings by telephone or
videoconferencing during the pendency of Proclamation 20-25, but restricting legislative bodies
from taking action on any item that is not routine and necessary or related to the COVID-19
response during this time period; and
WHEREAS, the Governor's Proclamation 20-25 and the generalfinancial impact from the
COVID-19 crisis have impacted the construction industry and created delays for an indeterminate
period of time in the construction, inspection and review of development projects with an active
application with the City and will cause delays for projects or applications filed during the state
of emergency; and
WHEREAS, a number of land use and permit review statutes and provisions in the Port
Orchard Municipal Code, including chapter 36.708 RCW and Title 20 of the Port Orchard
Municipal Code, impose certain time limitations and process requirements, such as action by the
City Council on items and public hearings, on development permit applications that are not
achievable under the restrictions imposed by the Governor; and
WHEREAS, the City Council desires to ensure staff are compliant with the Governor's
restrictions on non-essential activities, but acknowledges that processing dead lines set by statute
or the municipal code have not been tolled by action of the Governor; and
Ordinance No.011-20
Page 2 of 4
WHEREAS, in order to prevent the expiration of development related permits, approvals
and completed applications during this time of economic downturn, the City Council finds that
extensions of the expiration dates for certain permits and land use actions are warranted; and
WHEREAS, RCW 36.70A.390 the City Council may adopt an emergency interim zoning
ordinance for a period of up to six months if a public hearing on the proposal is held within at
least sixty (60) days; and
WHEREAS, the City Council finds that the COVID-19 crisis creates a time-sensitive
emergency necessitating an interim zoning ordinance temporarily extending development
application and permit expiration periods during this emergency; and
WHEREAS, pursuant to RCW 36.708.080(L), the City Council finds that an extension of the
deadlines identified herein is necessary to process project applications currently pending with
the City and those that will be submitted during the pandemic, due to the public health
emergency and economic crisis; and
WHEREAS, pursuant to WAC 197-11-880, the adoption of this Ordinance is exempt from
the requirements for a threshold determination under the State Environmental Policy Act (SEPA);
and
WHEREAS, the City Council finds that the proposed interim regulations to temporarily
grant extensions to certain deadlines are consistent with the City's Comprehensive Plan and
development regulations, the Growth Management Act, Chapter 36.70A 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. Findings and Recitals. The recitals set forth above are hereby adopted and
incorporated as findings of fact in support of this Ordinance, in accordance with RCW 36.70A.390.
SECTION 2. Extensions of Development Applications and Permits. This Ordinance
relates to the all development project applications and permits, including those under Titles 15
and 20 of the Port Orchard Municipal Code.
A. Pre-existing Approvals and Permits. A permit or development approval (for
example, a preliminary subdivision plat or preliminary PUD) that was active and valid as of
January 7, 2020, shall not lapse, terminate or otherwise expire prior to the expiration of this
interim Ordinance, and the expiration date of the permit or development approval or time period
for meeting a deadline or for performance of a condition of the permit or development approval
shall be either the time currently provided by the Port Orchard Municipal Code or the expiration
Ordinance No.011-20
Page 3 of 4
of this interim Ordinance, which date is later, unless the specific time is required by state law and
cannot be waived or altered by this action.
B. Approvals and Permits in Process or Later Received. Any application that the City
is currently processing or that was determined to be complete while this interim Ordinance is
effective shall not lapse, terminate or otherwise expire prior to the expiration of this Ordinance.
The time period for meeting a deadline or for the performance of a condition of the application
(including deadlines for obtaining permits that are ready for issuance) shall be either the time
currently provided for by the Port Orchard Municipal Code or the expiration of this interim
Ordinance, whichever date is later, unless the specific time period is required by state law and
cannot be waived.
C. lnternal Processing Deadlines. Application processing deadlines and timelines
relating to project permit applications processed under Title 20 POMC, including but not limited
to requirements for issuance of a notice of decision, are suspended and will be tolled for the
duration of the Governor's Proclamation 20-25 or the expiration of this interim Ordinance,
whichever date is later.
D. Authorization. The Director of the Department of Community Development is
hereby authorized to issue temporary procedural interpretations to address deadlines or other
requirements related to development activities that are not specifically addressed in this
Ordinance, provided such interpretations are in effect for the duration of this Ordinance and are
consistent with the intent and purpose of this Ordinance.
SECTION 3. Public Hearing. Pursuant to RCW 36.70A.390, a public hearing on the
interim official controls established by this ordinance shall be held within sixty (60) days of the
adoption of this ordinance to hear and consider public comment.
SECTION 4. Expiration. The City Council adopts this interim regulation under the
authority of RCW 36.704.390. Therefore, the interim controls adopted herein shall be in effect
for a period of six (6) months from the effective date of this Ordinance and shall automatically
expire after six months, unless extended as provided by statute or otherwise superseded by
action of Council, whichever occurs first.
SECTION 5. Ordinance to be Transmitted to Commerce. Pursuant to RCW 36.70A.106,
a copy of this interim Ordinance shall be transmitted to the Washington State Department of
Commerce.
SECTION 5. Declaration of E mergency. Pursuant to RCW 35A.12.130 and RCW
35A.13.190, this Ordinance, as a public emergency ordinance necessary for the protection of the
public health, public safety, public property, or public peace, is passed by at least a majority of
plus one of the whole membership of the City Council, and shall take effect and be in full force
Ordinance No.011-20
P4e 1of 4
immediately upon its adoption. Pursuant to Matson v. Clark Countv Eoard of Commissioners. 79
Wn. App. 64l, W p.2d 3Ll (1995), underlying facts necessary to support this emergency
declaration are lncluded in the recitals set forth above, which are adopted by reference.
SECTKIN 7. Corr€ctbns. Upon the approval of the city anorney, 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 scrivencr's/clerical errors, references, ordinance
numbering, section/subsection numbers, and any reference thereto.
S€CTION 8. Severability. lf any section, subsection, paragraph, senten€e, clause, or
phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall
not affect the validity of the remaining parts of this ordinance.
SECflOil 9. €trecthr€ Date. This ordinance shall be published in the officaal nervspaper of
the city and shall tale full force and effect immedrately upon passage. 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 28th day of Apnl 2020.
Robert Putaansuu, Mayor
ATT EST
.)L_-
a Rinearson, MMC, City Clerk
APPROVED AS TO FORM 5PO
charlotte A. Archer, city Attorney
PUBLTSHED DATE: l-f\ G
EFFECTIVE DATE: April 28,
n Clauson
/''
https://www.wapublicnotices.com/DetailsPrint.aspx?SID =?zgqn{..
Port Orchard Independent
Publication Nanre:
Port Orchard Independent
Publication URL:
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Publication City and State
Port Orchard, WA
Publication County:
Kitsap
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Notice Authentication Number:
2020050s1 03338656257 2
2463794825
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Notice Publish Date:
Friday, May 01,2020
Notice Content
NOTICE OF CITY OF PORT ORCHARD ORDINANCE The followlng is a summary of an Ordinance approved by the Port Orchard City
Council at their regular Council meeting held April 28,2020. ORDINANCE NO. O11-2O AN INTERIM ORDINANCE OF THE CITY OF PORT
ORCHARD, WASHINGTON, RELATING TO THE COVID.19 PANDEMIC; TEMPORARILY SUSPENDING APPROVAL AND PERMIT EXPIRATION AND
TOLLING PROCESSING PROCEDURAL DEADLINES; AUTHORIZING ADMINISTRATIVE ACTION AND INTERPRETATIONS; DECLARING A PUBLIC
EMERGENCY; ESTABLISHING AN EXPIRATOIN DATE CONSISTENT WITH RCW 36.70A,390; PROVIDING FOR SEVERABILITY; ESTABLISHING
AN EFFECTIVE DATE. Copies of Ordinance No. 011-20 are available for review at the office of the City Clerk of the City of Port Orchard. Upon
written request, a statement of the full text of the Ordinance will be mailed to any interested person without charge. Thirty days after
publication, copies of ordinance No. 011-20 wrll be provided at a nominal charge. Caty of Port Orchard Brandy Rlnearson City Clerk Date of
Rrst publlcatlon: May 1, 2020 (POI897668) ad+#8976681
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