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HomeMy WebLinkAbout2471 Emergency Interim Controls on Land Use Building and Development Permit ApplicationsOrdinance No. AN ORDINANCE OF THE CITY OF PORT TOWNSEND DECLARING AN EMERGENCY AND IMPOSING INTERIM CONTROLS ON LAND USE, BUILDING AND DEVELOPMENT PERMIT APPLICATIONS AFFECTING PROPERTY WITHIN THE CITY OF PORT TOWNSEND AND PROVIDING FOR THE EFFECTIVE DATE THEREOF A. RECITALS AND FINDINGS 1. The Washington State Legislature has by Chapter 98, Laws of 1995, adopted Initiative 164, known as the Private Property Regulatory Fairness Act, ("the Act"), effective July 22, 1995, which substantially affects the means whereby the City regulates the use of land within the city limits; and 2. Citizens have proposed Referendum 48 to repeal the Act. The Washington State Attorney General and/or Secretary of the State must count and validate signatures submitted to place Referendum 48 on the November 7, 1995 statewide ballot, during which time it is uncertain whether the provisions of the Act will be in effect; and 3. The Act is far reaching and could substantially affect the health, safety, welfare and fiscal well-being of the citizens of the City of Port Townsend, imposing potentially significant risk to the public of increases in taxes, rates, and fees; and 4. Without legislative action and refinements by ordinance adopted by the City, the Act may be interpreted to restrict the City's ability to condition or deny land uses in order to prevent environmental loss and degradation, and avoid dangers to public health and safety and negative impacts to the public at large, including measures imposed through the City's development standards and zoning code; and 5. The Act does not appear to exempt any land use, building and development permitting actions from the requirements of the Act, potentially requiring economic impact studies and public compensation payable to land use permit applicants; and 6. The Act is vague and ambiguous and will likely generate extensive litigation, including lawsuits for damages and litigation to determine the scope and meaning of the Act, imposing unknown costs on the City's taxpayers; and 7. The City desires to limit the impacts of the interim control measures imposed by this Ordinance to projects with significant potential regulatory requirements imposed by the City in compliance with state-imposed regulatory mandates; and 8. The State Environmental Policy Act, RCW 43.21C, et seq., as implemented by WAC 197-11, provides useful thresholds and standards for determining which land use proposals will be of a magnitude requiring heightened regulatory standards, conditions and administrative review; and 9. Solely for the purpose of this Ordinance, the City adopts the categorical exemptions set forth in WAC 197-11-305 and WAC 197-11-800 to 890, inclusive, to limit the effectiveness of this Ordinance, exempting from interim control measures those minor land use 'actions set forth in WAC 197-11-305 and 197-11-800 to 890, inclusive; and 10. In order to properly comply with the requirements of the Act, if not repealed by referendum, the City will be required to adopt numerous new ordinances, procedures, and fees, none of which will be in place between the effective date of the Act and the time when Referendum 48 may be validated; and 11. It is likely that this Ordinance will be in effect only for a very short duration (probably less than two weeks) in order to allow adequate time for the State of Washington to review and validate signatures on Referendum 48; and 12. On July 17, 1995, the City Council of the City of Port Townsend held a public hearing, after proper notification thereof, for the purpose of hearing and considering public testimony on the provisions of this Ordinance, NOW, THEREFORE, the City Council of the City of Port Townsend, in regular session assembled, does ordain as follows: B. INTERIM CONTROLS Section 1. For the reasons stated in the RECITALS AND FINDINGS above, there is hereby declared in the City of Port Townsend an emergency requiring interim controls on all land use applications defined in Sections B.2 and B.3 herein, filed on or after July 22, 1995, said interim controls to remain in effect for the period necessary for the Attorney General and/or the Secretary of State or other entity of the State of Washington to confirm that a sufficient number of signatures have been obtained to validate Referendum 48 for placement on the November 7, 1995 statewide ballot. Section 2. Pending state action validating signatures on Referendum 48, interim controls will govern the acceptance and vesting of land use applications specified herein. Specifically, no land use, building or development permit applications will be accepted or processed by the City of Port Townsend for any actions not defined as categorically exempt actions by WAC 197-11-305 and WAC 197-11-800 to 890, inclusive. Except as provided in Section B.3, any land use, building or development permitting actions defined as categorically exempt pursuant to WAC 197-11-305 and WAC 197-11-800 to 890, inclusive, shall not be affected by this Ordinance. 2 Section 3. Land use, building and development permitting applications affected by these interim controls include, but are not limited to the following: short subdivisions proposing development in excess of four (4) lots; all regular subdivisions; residential and commercial planned unit developments; all rezone applications; all conditional use applications; all applications for permits and exceptions made pursuant to PTMC 19.05 ("Environmentally Sensitive Areas"); all shoreline substantial development applications; and all other land use, building and development permit actions and applications not specifically defined by WAC 197- 11-305 and WAC 197-11-800 to 890, inclusive, as categorically exempt from the State Environmental Policy Act, RCW 43.21C, et seq. Section 4. All substantially complete land use, building and development permit applications filed in full compliance with PTMC 16.04.140 before July 22, 1995, shall be exempt from the interim controls imposed through this Ordinance. This Ordinance shall automatically expire and be null and void upon formal and final validation by the State of Washington of signatures and petitions submitted to place Referendum 48 on the November 7, 1995 statewide ballot, and upon confirmation by the City that the legal effect of the Act is stayed. In the event the State of Washington determines that an insufficient number of signatures have been submitted to place Referendum 48 on the ballot, this Ordinance shall continue in full force and effect until the Port Townsend City Council takes further action on this Ordinance. Section 5. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provisions or application, and to this end the provisions of this ordinance are declared to be severable. This ordinance shall be in full force and effect five days after the date of its passage, approval, and publication in the manner provided by law. Read for the first, second, and third times and passed by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this 17th day of July, 1995. Attest: 07/10/95 CA§ORD\{Interim.doc} '~~~~an, c~ty Attorney