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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: wnrv. Dortorcht rdi ndeDcn rlent.com Publication City and State Port Orchard, WA Publication County: Kitsap Notice Popular Keyword Category: Notice Keywords: Notice Authentication Number: 2020050s1 03338656257 2 2463794825 Notice URL: Baqk 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 Back I of I 5/512020,8:33 AM