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HomeMy WebLinkAbout2023.11.27 Council Special Meeting PacketAGENDA City Council Special Meeting 7:00 PM - Monday, November 27, 2023 Pasco City Hall, Council Chambers & GoToWebinar Page 1.MEETING INSTRUCTIONS for REMOTE ACCESS - Individuals, who would like to provide public comment remotely, may continue to do so by filling out the online form via the City’s website (www.pasco-wa.gov/publiccomment) to obtain access information to comment. Requests to comment in meetings must be received by 4:00 p.m. on the day of this meeting. To listen to the meeting via phone, call (415) 655-0060 and use access code 307-404-066. City Council meetings are broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco. 2.CALL TO ORDER 3.ROLL CALL (a)Pledge of Allegiance 4.HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO 4 - 16 (a)Public Hearing and Ordinance No. 4695 - Ad Valorem Tax (Property Tax) and General Fund Revenue Presentation HOLD A PUBLIC HEARING MOTION A: I move to adopt Ordinance No. 4695, providing for an increase in the regular property taxes of the City for levy in 2023 and collection in the 2024 tax year; preserving the levy capacity for future years: and providing for related matters. [Zero-Percent (0 %) increase from the previous year, 2023] Page 1 of 161 -OR- MOTION B: I move to adopt Ordinance No. 4695, providing for an increase in the regular property taxes of the City for levy in 2023 and collection in the 2024 tax year; preserving the levy capacity for future years: and providing for related matters. [One-Percent (1 %) increase from the previous year, 2023] 17 - 40 (b)Public Hearing and Ordinance No. 4696 - 2023-2024 Proposed Mid-Biennium Budget Adjustment HOLD A PUBLIC HEARING MOTION: I move to adopt Ordinance No. 4696, amending the 2023- 2024 Biennial Operating Budget by providing supplement thereto; by appropriating revenue received in excess of estimated revenues for the current Biennial and by providing transfers and adjustment authority and, further, authorize publication by title only. 5.ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS 41 - 50 (a)*Ordinance Nos. 4698 & 4699 - 2024 Administrative/Professional Wage and Management Salary Plans MOTION: I move to adopt Ordinance No. 4698, providing for certain adjustments in the Administrative/Professional, Exempt and Non- Exempt wage plan beginning January 7, 2024 (1st full pay period of 2024) and, further, authorize publication by summary only. MOTION: I move to adopt Ordinance No. 4699, providing for certain adjustments in the Management salary plan beginning January 7, 2024 (1st full pay period of 2024) and, further, authorize publication by summary only. 51 - 132 (b)Ordinance No. 4700, Amending PMC Title 25 "Zoning," Related to Residential Design Standards MOTION: I move to adopt Ordinance No. 4700, amending certain Sections in Chapters 25.15, 25.45, 25.60, 25.65, 25.70, 25.165, 25.170.030, 25.175, and 25.185; repealing Section 25.165.100 entitled “Residential Design Standards”; and creating a new Chapter 25.22 entitled “Zone District Standards” all within Title 25 “Zoning” of the Pasco Municipal Code, to increase housing choices and improve the quality of built environment in Pasco residents and, further, authorize publication by title only. 133 - 154 (c)Ordinance No. 4701 - Amending Pasco Municipal Code Sections 3.35.160 and 13.45.060 Related to Water Rights Acquisition Fee MOTION: I move to adopt Ordinance No. 4701, amending the Pasco Page 2 of 161 Municipal Code Section 3.35.160 Water Utility, adjusting the water rights acquisition fee; Section 13.15.030 Connection Outside City Limits – Water Rights, and Section 13.45.060 Assignment of Water Rights–Extension of City Water Services Beyond City Limits and, further, authorize publication by title only. 155 - 159 (d)Resolution No. 4404 - Amendment No. 1 to the City Manager Employment Agreement for Adam R. Lincoln MOTION:approving 4404, Resolution approve No. move I to Amendment No. 1 to the City Manager Employment Agreement between the City of Pasco, Washington, and Adam R. Lincoln. 6.ADJOURNMENT 7.ADDITIONAL NOTES (a)(RC) Roll Call Vote Required * Item not previously discussed Q Quasi-Judicial Matter MF# “Master File #....” 160 - 161 (b)Adopted Council Goals (Reference Only) Page 3 of 161 AGENDA REPORT FOR:City Council November 21, 2023 TO:Adam Lincoln, City Manager City Council Special Meeting: 11/27/23 FROM:Darcy Buckley, Finance Director Finance SUBJECT:Public Hearing and Ordinance No. 4695 - Ad Valorem Tax (Property Tax) and General Fund Revenue Presentation I.REFERENCE(S): Ordinance Options A (Motion A) and B (Motion B) Property Tax Option Calculations Chart for Property Tax Comparison II.ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: HOLD A PUBLIC HEARING MOTION A: I move to adopt Ordinance No. 4695, providing for an increase in the regular property taxes of the City for levy in 2023 and collection in the 2024 tax year; preserving the levy capacity for future years: and providing for related matters. [Zero-Percent (0 %) increase from the previous year, 2023] -OR- MOTION B: I move to adopt Ordinance No. 4695, providing for an increase in the regular property taxes of the City for levy in 2023 and collection in the 2024 tax year; preserving the levy capacity for future years: and providing for related matters. [One-Percent (1 %) increase from the previous year, 2023] III.FISCAL IMPACT: Council decision sets the City's share of the Ad Valorem (Property Tax) rate for 2024 collections. Revenue impact on the General Fund is dependent upon the option selected from below. Motion A - Includes no increase in the regular property tax levy, but instead preserves (or banks) levy capacity for future assessment. Page 4 of 161 Motion B - Includes a one percent increase in the regular property tax levy in 2023 for collection in 2024 tax year of $131,528. IV.HISTORY AND FACTS BRIEF: The General Fund is the primary administrative and operational fund of the City. As compared to the City-wide budget, activity recorded in the General Fund represents 33% of revenues. Therefore, reviewing the results of current activity is valuable for making budgetary projections and ad valorem (property) tax decisions. While prudent to undertake this analysis, RCW 84.55.120 also requires a public hearing be conducted on General Fund revenue sources for the coming year’s budget, including possible increases in the City’s property tax levy. Council may pass an ordinance that authorizes an increase in the property tax levy for the coming year, 2024. The statutory increase in the levy is limited to the lessor of inflation, as measured by the Implicit Price Deflator or, one percent increase. Any increase approved is applied to the highest lawful levy to date. IPD as an economic measurement differs from the Consumer Price Index, or CPI. Unlike the CPI, the IPD rate is not based on a fixed basket of goods and services in a specified region. Instead, the goods and services included also is rate The inputs. national considers basket IPD the in influenced by consumption and investment patterns. The IPD as of September 25, 2023 is 3.67%. Additionally, the State statutory limit on City levy rate is $3.60 per $1,000 of assessed valuation. The City of Pasco levy rate for 2023 is $1.288 per $1,000 of assessed valuation, significantly below the statutory limit. At the November 20th meeting, Council was provided an update on General Fund revenue activity as compared to budgetary expectations and state of property Assessor, County Franklin Roseanu, for City. the taxes John presented Franklin County's role and process in the assessment of property taxes and staff presented various options available to the Council regarding the application of property taxes for the year 2024. Revenues are lagging in three areas, retail sales tax revenues, building permit revenues and plan check fees. Also highlighted was the inclusion of $5M in potential land sales in the 2023- 2024 biennial budget. While one-time in nature, and not reasonable for support for on-going expenses, successful sales benefit the fund balance in the General Fund. Importantly, the presentation included the fiscal impact of new City responsibilities and future expenditure demands, both of which will negatively impact fund balance and reserves. V.DISCUSSION: Page 5 of 161 For 2023, the Franklin County Assessor has provided a preliminary City assessed valuation of $13.3 billion, which was used as the basis to calculate the 2024 property tax levy value. This amount includes new construction of $539,637,400 and Local Tax Incremental Financing Area (LTIF) assessed valuation of $151,492,200 located in areas designated for collection of Tax Incremental Financing. Option A (Motion A) reflects an estimated increase of $519,710 (excluding TIF) over the 2023 levy amount. This change is the product of an increase in assessed valuation primarily due to new construction in 2023. This option declines the statutorily allowed one percent increase in the City property tax levy, an increase of $131,528. Instead, given this option, the City will bank the capacity to levy the additional value in the future. Important to this decision is the consideration that the City is not able nor has oversight to ensure that its banked capacity remains intact. Based on record-keeping of the Assessor’s Office it is possible, even if unlikely, that a breakdown in process or clerical error could result in a loss of formerly bank capacity. The effect of new construction adds to the overall assessed valuation of the City. As assessed value is the denominator by which the levy rate is calculated an increase serves to reduce the levy rate for 2024. Based upon the calculation of added new construction and the increased assessed valuation, the levy rate for Option A is $1.076 per $1,000 assessed value. This new levy rate is $0.212 less than the rate applied in 2023. For a house valued at $360,000, the savings over 2023 are approximately $76 annually. Option B (Motion B) includes the addition of the one percent statutory limit, or $131,528. The estimated tax collection increase in levy value is $651,238 (excluding TIF). The levy rate resulting from this calculation is $1.086 per $1,000 assessed value. Based on this calculation, the 2024 levy rate will be $0.201 per $1,000 assessed value less than the amount levied in 2023. For a house valued at $360,000, the savings over 2023 are approximately $73 annually. While staff relayed the challenges of protecting the banked capacity in the future to the Council, we are not recommending Council take the capacity banked from prior years. As the City continues to grow, the lag between the growth in the tax base and the investment to enhance services puts pressure on the City's finances. Council adopted an ambitious budget last year with significant investment to enhance the City's level of service. These services are to be funded by increased future economic activity and grants. Staff will monitor the expected lag between these investments, expiration of grants, and revenue from the economic activity and recommend recapturing the banked capacity if needed. At this time in the biennium, there are known expense additions. They include debt service for the bonds issued in September of 2023. Debt service Page 6 of 161 expenses, including principal and interest payments, for the Fire Station No. 85 project are included in the biennial budget. However, costs related to bond proceeds for the Animal Shelter Annex Improvements, Memorial Pool Annex Improvements, and Gesa Stadium Improvements are new demands on the General Fund. The increase in annual debt service averages $434,000 over the next 20 years. Another anticipated amendment to the 2023-2024 biennial budget is the cost associated with the unanticipated City assumption of operational control of the Pasco Specialty Kitchen and Pasco Farmer's Market and related events. It is also important to note that revenue collections in the Port of Pasco established Tax Increment Financing Area do not benefit the City of Pasco. Instead, those revenues are remitted to the Port. The dollars redirected to the Port total approximately $173,000. Additionally, City received nearly $22,000 this year for the Broadmoor Tax Increment Financing Area; this revenue would be the primary financing source when the City issues the planned $39 million bonds for infrastructure investments. In order for the Franklin County Assessor to levy property taxes, the City is required to certify property tax levies with the County by November 30th of each year. Page 7 of 161 Option A (Motion A) Ordinance – 2024 Ad Valorum Tax - 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, PROVIDING FOR AN INCREASE IN THE REGULAR PROPERTY TAXES OF THE CITY FOR LEVY IN 2022 AND COLLECTION IN THE 2023 TAX YEAR; PRESERVING LEVY CAPACITY FOR FUTURE YEARS; AND PROVIDING FOR RELATED MATTERS. THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Findings and Determinations. The City Council of the City of Pasco, Washington (City), makes the following findings and determinations: (a) RCW 84.55.120(1) provides that the City Council must hold a public hearing on revenue sources for the following year’s current expense budget and that the hearing must include consideration of possible increases in property tax revenues and must be held prior to the time the City levies the taxes. (b) RCW 84.55.120(3) provides that the City may not authorize an increase in property tax revenue from the previous year except by adoption of a separate ordinance or resolution, pursuant to notice, specifically authorizing the increase in terms of both dollars and percentage. (c) Pursuant to proper notice, the City Council held a public hearing (Hearing) on November 20, 2023, to consider the City’s 2024 revenue sources, along with consideration of possible increases in property tax revenues. (d) The City’s actual levy amount from the previous year was $12,556,081. (e) The City has a population that is greater than 10,000. (f) The City Council, after the Hearing and after duly considering all relevant evidence and testimony presented, determined that the City requires 0% in allowable increase in property tax revenue from the previous year, in addition to revenue resulting from the addition of new construction and improvements to property, newly constructed wind turbines, solar, biomass and geothermal facilities, if the facilities are not state assessed, any increase in the value of state-assessed property, any annexations that have occurred and any refunds made, in order to discharge the expected expenses and obligations of the City and in its best interest. Section 2. Property Tax Increase Authorized. An increase in the regular property tax levy of the City is authorized for the levy to be collected in the 2024 tax year. The dollar amount of the increase over the actual levy amount from the previous year is $0 (zero dollars), which is a percentage increase of 0% (zero percent) from the previous year. This increase is Page 8 of 161 Option A (Motion A) Ordinance – 2024 Ad Valorum Tax - 2 exclusive of additional revenue resulting from new construction, improvements to property, any increase in assessed value due to construction of wind turbine, solar, biomass and geothermal facilities, if the facilities are not state assessed, any increase in the value of state assessed property, any annexations that have occurred, any refunds made. Section 3. Transmittal. The City Clerk is authorized and directed to transmit a certified copy of this ordinance to the Franklin County Assessor on or before November 30, 2023. Section 4. . General Authorization and Ratification. The City Manager, the Finance Director of the City, the City Clerk and other appropriate officers of the City, and each of them acting alone, are authorized and directed to take any action and to execute any document as in their judgment may be necessary or desirable to effectuate the provisions of this ordinance. All prior actions in furtherance of and consistent with the terms of this ordinance are ratified and confirmed. Section 5. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance should be held to the invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this ordinance. Section 6. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Section 7. Effective Date. This Ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take full force and effect five (5) days after approval, passage, and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, on this ____ day of November, 2023. _____________________________ Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: ______________________________ ________________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 9 of 161 Option A (Motion A) Ordinance – 2024 Ad Valorum Tax - 3 Published: _____________________________ Page 10 of 161 Option B (Motion B) Ordinance – 2024 Ad Valorum Tax - 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, PROVIDING FOR AN INCREASE IN THE REGULAR PROPERTY TAXES OF THE CITY FOR LEVY IN 2022 AND COLLECTION IN THE 2023 TAX YEAR; PRESERVING LEVY CAPACITY FOR FUTURE YEARS; AND PROVIDING FOR RELATED MATTERS. THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Findings and Determinations. The City Council of the City of Pasco, Washington (City), makes the following findings and determinations: (a) RCW 84.55.120(1) provides that the City Council must hold a public hearing on revenue sources for the following year’s current expense budget and that the hearing must include consideration of possible increases in property tax revenues and must be held prior to the time the City levies the taxes. (b) RCW 84.55.120(3) provides that the City may not authorize an increase in property tax revenue from the previous year except by adoption of a separate ordinance or resolution, pursuant to notice, specifically authorizing the increase in terms of both dollars and percentage. (c) Pursuant to proper notice, the City Council held a public hearing (Hearing) on November 20, 2023, to consider the City’s 2024 revenue sources, along with consideration of possible increases in property tax revenues. (d) The City’s actual levy amount from the previous year was $12,556,081. (e) The City has a population that is greater than 10,000. (f) The City Council, after the Hearing and after duly considering all relevant evidence and testimony presented, determined that the City requires 1% in allowable increase in property tax revenue from the previous year, in addition to revenue resulting from the addition of new construction and improvements to property, newly constructed wind turbines, solar, biomass and geothermal facilities, if the facilities are not state assessed, any increase in the value of state-assessed property, any annexations that have occurred and any refunds made, in order to discharge the expected expenses and obligations of the City and in its best interest. Section 2. Property Tax Increase Authorized. An increase in the regular property tax levy of the City is authorized for the levy to be collected in the 2024 tax year. The dollar amount of the increase over the actual levy amount from the previous year is $131,528 (one hundred thirty-one thousand five hundred twenty eight dollars), which is a percentage increase of Page 11 of 161 Option B (Motion B) Ordinance – 2024 Ad Valorum Tax - 2 1% (one percent) from the previous year. This increase is exclusive of additional revenue resulting from new construction, improvements to property, any increase in assessed value due to construction of wind turbine, solar, biomass and geothermal facilities, if the facilities are not state assessed, any increase in the value of state assessed property, any annexations that have occurred, any refunds made. Section 3. Transmittal. The City Clerk is authorized and directed to transmit a certified copy of this ordinance to the Franklin County Assessor on or before November 30, 2023. Section 4. . General Authorization and Ratification. The City Manager, the Finance Director of the City, the City Clerk and other appropriate officers of the City, and each of them acting alone, are authorized and directed to take any action and to execute any document as in their judgment may be necessary or desirable to effectuate the provisions of this ordinance. All prior actions in furtherance of and consistent with the terms of this ordinance are ratified and confirmed. Section 5. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance should be held to the invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this ordinance. Section 6. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Section 7. Effective Date. This Ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take full force and effect five (5) days after approval, passage, and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, on this ____ day of November, 2023. _____________________________ Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: ______________________________ ________________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 12 of 161 Option B (Motion B) Ordinance – 2024 Ad Valorum Tax - 3 Published: _____________________________ Page 13 of 161 Options Option AOption B ‐ RecommendedGeneral Fund Levy Options2023 Property Tax No Increase 1% Increase2023 Levy 12,556,081$        12,556,081$        12,556,081$        Statutory Increase (IPD ‐ 1%) 131,528$             State Utility (est) 20,000$               20,000$               New Construction (est) 694,804$             694,804$             2024 Levy 12,556,081$        13,270,885$        13,402,413$        Page 14 of 161 Levy Impact Option AOption B ‐ RecommendedGeneral Fund Levy Options2023 Property Tax No Increase 1% IncreaseRate 1.288$                 1.076$                 1.086$                 Rate Change from Current Levy(0.21)$                         (0.20)$                         Cost per $1, 000 on a $360,000 AV Home464$                            387$                            391$                            Net Change(76)$                             (73)$                             Page 15 of 161 Regional Comparison $‐ $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 $‐ $100 $200 $300 $400 $500 $600 $700 $800 $900City of Richland City of Kennewick City of PascoProperty Tax Cost for home valued at $360,000Tax CollectionPage 16 of 161 AGENDA REPORT FOR:City Council November 21, 2023 TO:Adam Lincoln, City Manager City Council Special Meeting: 11/27/23 FROM:Darcy Buckley, Finance Director Finance SUBJECT:Public Hearing and Ordinance No. 4696 - 2023-2024 Proposed Mid- Biennium Budget Adjustment I.REFERENCE(S): Mid-Biennium Budget Message Ordinance - Operating Budget Adjustment Mid-Biennium Budget Adjustment Presentation II.ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: HOLD A PUBLIC HEARING MOTION: I move to adopt Ordinance No. 4696, amending the 2023-2024 Biennial Operating Budget by providing supplement thereto; by appropriating revenue received in excess of estimated revenues for the current Biennial and by authorize further, and, authority adjustment and transfers providing publication by title only. III.FISCAL IMPACT: Included in attached Ordinance IV.HISTORY AND FACTS BRIEF: As required by State law, code cities operating with a biennial budget are required to conduct a mid-biennial budget review no later than the conclusion of the first year of the fiscal biennium. The proposed adjustments are intended and necessary to reflect several modifications from the adopted budget including; reflection of new revenue sources in the form of grants or debt proceeds, inclusion of new programs or responsibilities, adaptation to changed conditions or recognized budgetary needs, and inclusion of opportunities to further the City Council Goals. Page 17 of 161 As Council will recall, at time the 2023-2024 Biennial Budget was prepared and adopted, priorities influential during creation were community growth and related anticipated demands for city services, as well as, budgetary support of programs outlined in completed studies and plans. Plans considered were the Broadmoor Master Plan and strategic plans for information systems, police department and fire department. The resulting planning related to these priorities resulted in various capital spending needs and staffing increases; significantly the addition of 104 full-time equivalent positions. V.DISCUSSION: An overview of the proposed mid-biennium budget adjustments is provided in the attached presentation. Elements influencing proposed budgetary changes are: 1. Revenues that were not included in the adopted budget, including grants, loan proceeds, bond proceeds, and interest income, 2. City adoption of new responsibilities including: o Pasco Specialty Kitchen, o Pasco Farmers' Market, o Downtown community events, o Animal Control Facility operations - While the City provided operational control of the facility in 2022, experience gained since allows staff to better understand and plan for facility needs 3. Focused Initiatives o Community development-related professional service agreements to augment community needs Demand for services varies based on development activity. The use of external professional services helps meet unique and specialized development-related needs. o Abatement of properties with ongoing code violations results in city-borne costs. However, the work completed benefits neighborhoods by maintaining minimum standards and minimizing the impact of deteriorating properties. o Establishment of capital improvement replacement funding related to lease agreement with CourseCo for golf course management 4. Other Miscellaneous Adjustments o Adjustments to reflect regular and recurring expenditures that were inadvertently under or not budgeted as part of the adopted budget. o Evaluation of equipment and vehicle needs resulting in purchase requests for 2024. o Inflation-related increases for items like vehicle purchases occurring in 2023, fuel costs, and utilities. Page 18 of 161 o Budgetary support for software purchases was budgeted in the prior biennium, but payment concluded in 2023 Throughout 2023, necessary capital amendments have been presented to the Council not is amendment capital further this At adjustment. for time, underway be will and is A plan improvement capital requested. update presented to Council at the November 27 meeting. Coupled with planning efforts for the 2025-2026 biennial budget, a new Capital Improvement Plan covering the years 2024-2029 will be completed. Over the past many years, the City has grown at a rapid pace which adds complexity Concurrently, added needs. operational practices to and responsibilities and preparation for community expansion are impactful. This budget amendment includes changes to meet service needs for this biennium while supporting staff efforts to prepare for the future. As with any community nationwide and globally, the City is experiencing the fiscal impact of inflation both in cost and scarcity of goods. Therefore, included in offset to are that necessary are request amendment this increases budgetary needs associated with expense escalation. As of year-end, the City is halfway through the biennium, and the elements included in this request are those known to be deficient. Conversely, cognizant of the time remaining in the biennium, there are other elements of elevated costs that have not been included in this request. Moving into 2024, the City aims to avoid or limit budgetary increases through the remainder of the biennium. City staff will work together to mitigate or offset elevated costs, where possible. This collaborative process will also carry into the creation of the fund 2025-2026 biennium budget. Cautious evaluation of balance sustainability will be a necessary evaluation metric for expenditure budgeting. Page 19 of 161     City Manager  (509) 545-3404  Fax (509) 545-3403 P.O. Box 293  525 N. Third Ave.  Pasco, WA 99301 Honorable Mayor and City Council, Pasco residents, business owners/operators, and interested parties: I am pleased to present the City of Pasco’s proposed mid-biennium adjustment for the 2023-2024 biennium. As required by State law, revenues and expenses that compose the budget need to be balanced in all funds. Mid-biennium adjustments are done to capture changes to assumptions from the prior year, unanticipated new programs/project expenses and revenues, errors during the budgeting process etc. With a highly dynamic and transforming City to manage, Council approved a budget that invests in critical infrastructure, technology, people, public safety and quality of life. This ambitious budget planned for sales tax trend of 2022 to continue during the biennium, Broadmoor area to increase the City’s economic footprint in a short period, and the continued investment in the City’s industrial development. Continuing the investment from prior years, Council has made significant effort to bring the City up to adequate level of staffing. 2023-2024 Biennium is a historically significant step towards this goal as it added 102 FTEs (82 FTEs excluding Animal Shelter) to the City’s headcount and budget. The total cost of this action is $22 million on an annual basis. Availability of limited term grants and local partnerships reduces this impact by 50% until year 2025. This financial impact of additional staffing and infrastructure investments like Fire Stations, Animal Shelter and annex, GESA Stadium, Police Training Facility, utility infrastructures are expected to be supported by increased sales tax, utility rates, and utility sales tax brought on by a thriving and growing community. Staff in confident in the City’s ability to grow as predicted, however, we are impacted by the global and national forces beyond our control; mortgage interest was 3.75% during preparation of the biennial budget compared to the 7.80% now. These types of assumptions that were made during the preparation of Department FTE Annual Expense Information System 3.4 806,000$               Executive 3 716,000$               Finance 2 384,000$               ACS 10 2,655,000$            CED 4 773,000$               Municipal Court 2 250,000$               Police 14 4,100,000$            Fire 9 2,044,000$            Human Resources 0.5 114,000$               Engineering 3 992,000$               General Fund 50.9 12,834,000$         Ambulance Fund 12.6 2,869,000$            Fleet 3 707,000$               Animal Shelter 20 2,786,000$            Equipment Replacement 0.5 104,000$               Water 8 1,781,000$            Sewer 4 871,000$               PWRF 2.5 300,000$               Medical Insurance 0.5 114,000$               Other Funds 51.1 9,532,000$           Total 102 22,366,000$         Page 20 of 161 2023-2024 budget impact our sales tax from the sale of vehicles, cooling off of commercial development, rising inflation, increased cost of owning or renting homes etc. The adopted budget assumes the City will utilize $15 million in reserves just in the City’s General Fund to fill the gap between the investment and the future revenue growth. Council has guided the City to a very healthy financial state where such action is possible. Reserves are built for the exact purpose of investing for the future. However, we project that by end of 2025-2026, we will be back to a standard operational budget reserve; requiring the revenues to catch up to expenses to continue standard level of operations by then. With all these factors in mind, staff is keeping an even closer eye on all expenses. Vacant positions will be evaluated to keep vacant or repurpose, large contracts will be evaluated and prioritized and schedules for projects will be moved if possible. These are actions that staff perform on a daily basis, however, with current economic factors, we will be adopting a standard process for evaluation. Staff is also going through a General Fund long term study that will lay out projected revenues and expenses for the City’s governmental functions for the next 5-10 years; allowing for improved financial strategy. All requests presented by the city staff has been vetted for necessity, some were programs like PSK and Farmer’s market we did not anticipate inheriting last year, some were omission errors bound to happen during a complex process with leadership transition, timing of bonding etc. We appreciate Council’s support and guidance as we strive to serve our residents and businesses sustainably with the highest level of service. Respectfully, Page 21 of 161 Ordinance - 2023-2024 Mid-Biennium Operating Budget Adj - 1 ORDINANCE NO. 4696 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE 2023-2024 BIENNIAL OPERATING BUDGET BY PROVIDING SUPPLEMENT THERETO; BY APPROPRIATING REVENUE RECEIVED IN EXCESS OF ESTIMATED REVENUES FOR THE CURRENT BIENNIAL AND BY PROVIDING TRANSFERS AND ADJUSTMENT AUTHORITY. WHEREAS, on November 27, 2022, the Pasco City Council approved Ordinance No. 4619, adopting the 2023-2024 Biennial Budget; and WHEREAS, staff has identified the need to make certain revisions to the 2023-2024 Biennial Budget; and WHEREAS, a Public Hearing has been held subsequent to due notice, and the City Council has after consideration, deemed the proposed Mid-Biennial adjustment to the Biennial Budget necessary and appropriate. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Pursuant to RCW 35A.34.130, the 2023-2024 Biennial Budget be and the same is hereby amended to provide for the following adjustments to, revenues, transfers in, expenditures, transfers out and ending fund balances by providing authority for any necessary transfer of money within or between funds indicated. Fund No Fund Name Revenue Expense Net Change 100 General Fund $5,680,866 $9,857,118 ($4,176,252) 110 City Street Fund $227,000 ($227,000) 120 Arterial Street Fund $- $- $- 125 I-182 Corridor Traffic Impact Fund $- $- $- 130 Street Overlay Fund $- $- $- 140 Community Development Grant Fund $250,500 $250,500 $- 145 Neighborhood Stabilization Program $- $- 150 Ambulance Services Fund $600,000 ($600,000) 160 City View Cemetery Fund $- $- 161 Boulevard Perpetual Maintenance Fund $- $- 165 Athletic Program Fund $- $- 166 Golf Course $100,000 ($100,000) 168 Animal Control $684,974 $684,974 $- 170 Senior Center Operating Fund $218,700 $- $218,700 Page 22 of 161 Ordinance - 2023-2024 Mid-Biennium Operating Budget Adj - 2 180 Multi-Modal Facility Fund $- $- 185 Rivershore Trail & Marina Maintenance Fund $ $- 189 Litter Abatement Fund $- $- 190 Revolving Abatement Fund $208,000 ($208,000) 191 TRAC Development & Operating Fund $- $- 192 Park Development Fund $- $- 193 Capital Improvements Fund (REET) ($2,000,000) $- ($2,000,000) 194 Economic & Industrial Development Fund $772,000 $400,000 $372,000 195 Stadium / Convention Center Fund $1,845,000 $1,295,000 $550,000 196 Hotel/Motel Excise Tax $- $- 249 LID - 249 $- $- 250 LID - 250 $- $- 200 LID - Guaranty Fund $- $- 244 LID - 244 $- $- 245 LID - 245 $- $- 367 General Construction Fund $- $- $- 410 Utility $2,619,494 ($2,619,494) 510 Equipment Rental Operations Fund - Government Type $170,000 $170,000 $- 511 Equipment Rental Operations Fund – Proprietary Type $117,000 $117,000 $- 515 Equipment Rental Replacement Fund - Government Type $- $- $- 516 Equipment Rental Replacement Fund - Proprietary Type $645,000 $1,171,776 ($526,776) 521 Medical Insurance Fund $- $- 522 Dental Insurance Fund $- $- 610 Old Fire Pension Fund $- $- 619 Old Fire Other Post Employment Benefit Fund $- $- Total $8,384,040 $17,700,862 ($9,316,822) Section 2. That the additions in appropriations and expenditures are hereby declared to exist in the above funds for the said uses and purposes as shown above, and the proper City officials are hereby authorized and directed to issue warrants and transfer funds in accordance with the provision of the Ordinance. Section 3. Except as amended herein, Ordinance No. 4503 as previously adopted heretofore shall remain unchanged. Section 4. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance should be held to the invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this ordinance. Page 23 of 161 Ordinance - 2023-2024 Mid-Biennium Operating Budget Adj - 3 Section 5. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Section 6. Effective Date. This Ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take full force and effect five (5) days after approval, passage, and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, on this 20th day of November, 2023. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Published: ___________________________ Page 24 of 161 Pasco City Council MeetingNovember 27, 2023Page 25 of 161 2023-2024 Budget HighlightsSignificant priorities during 2023‐2024 Budget preparation:◦Focus on growth and anticipated demands on City services, resulting in the addition of 104 positions across the service delivery categories of the City. ◦Included elements of effort tied to completed planning documents and studiesBroadmoor Master PlanInformation Systems, Police and Fire Strategic Plans◦Included capital improvements to address current system demands and future infrastructure needsPage 26 of 161 Revenue Increase & Impact•Grants•Capital Improvements –Approximately, $6.2M in interest savings•Municipal Court – support for state initiatives and community justice program •Bond Proceeds ‐Projects benefitting include:•Fire Station 85•Memorial Pool Improvements, supporting addition of pool bubble•Animal Control Facility Annex Improvements•Gesa Stadium Improvements•Projects for utilities, including Broadmoor Area infrastructure•The issuance of LTGO resulted in increases to debt service budget for 2024Page 27 of 161 New Responsibilities•Sizing budget to provide continued and full‐service City support for:•Pasco Specialty Kitchen •Includes funding from American Rescue Plan Act for facilities improvements•Pasco Farmers’ Market •Animal Control Facility ‐Will increase all partner support of facility, including City of Pasco General Fund•Downtown Community Events Page 28 of 161 Focused Initiatives•Budgetary needs to support ongoing programs•Community Development – Professional services to augment community support and needs.•Increase in abatement of properties for code violations •Support for capital improvements for golf course lease agreement Page 29 of 161 Other AdjustmentsOther needed adjustments/corrections:•Police vehicle leases. While included early in budget process, budgetary request were unintentionally excluded from final budget version. Inflationary impact influencing with 24% increase from 2023 to 2024•Other vehicle/equipment purchases. Includes department requests that were unapproved during original budgetary planning. Evaluated in 2023 and requesting purchase now.•Inflationary impact increased cost on planned vehicle purchases.•Additional overtime budget for Ambulance Fund. Need underbudgeted. Page 30 of 161 Other Adjustments•Temporary staffing for grounds and landscaping support excluded from final budget version. Necessary for maintenance of parks and boulevards.•Change coding for staff member to correctly reflect benefit to funds. No spending change. Instead, fund source amendment.•Increase budget to match electric service costs. •Increase budget for fuel costs.•Increase expense budget for software conversion items that were budgeted in prior biennium but completed this biennium.Page 31 of 161 Other AdjustmentsSubsidy of operations based on community needs and benefits. Included in amendment:•Section 108 Loan –Variable interest rate on loan from Community Block Grant causing greater than expected cost. Staff taking steps to refinance to recognize savings in future•Senior Center Operations – Community amenity with small revenue stream•Stadium Fund –Tied to debt service. Economic benefit of stadium operations are recognized through sales tax, lodging and hotel/motel taxes accounted for in different funds and throughout communityPage 32 of 161 General Fund2019‐2020 Revenue 2019‐2020 Expense 2021‐2022 Revenue 2021‐2022 Expense 2023‐2024 Revenue 2023‐2024 ExpenseBudget Amendment15,654,250 15,433,150 12,574,542 19,845,697 5,680,866 9,857,118Adopted119,744,935 119,032,673 113,085,878 117,210,191 179,585,702 189,884,556Staff (FTE)255.60 272.10 325 ‐ 50 100 150 200 250 300 350 $‐ $50 $100 $150 $200 $250Full‐Time Equivalent Staff MillionsAdoptedBudget AmendmentStaff (FTE)Page 33 of 161 Special Revenue Funds2019‐2020 Revenue 2019‐2020 Expense 2021‐2022 Revenue 2021‐2022 Expense 2023‐2024 Revenue 2023‐2024 ExpenseBudget Amendment9,625,942 4,300,915 16,499,554 26,370,422 1,771,174 3,765,474Adopted51,455,331 59,161,710 53,462,880 50,740,295 66,086,393 72,218,145Staff (FTE)55 58 89 ‐ 10 20 30 40 50 60 70 80 90 100 $‐ $10 $20 $30 $40 $50 $60 $70 $80 $90Full‐Time Equivalent Staff MillionsAdoptedBudget AmendmentStaff (FTE)Page 34 of 161 Utilities2019‐2020 Revenue 2019‐2020 Expense 2021‐2022 Revenue 2021‐2022 Expense 2023‐2024 Revenue 2023‐2024 ExpenseBudget Amendment3,013,500 7,161,135 1,101,572 5,258,801‐2,619,494Adopted96,348,791 95,857,578 140,982,987 142,505,317 218,865,288 228,096,209Staff (FTE)61 65.36 79.86 ‐ 10.00 20.00 30.00 40.00 50.00 60.00 70.00 80.00 90.00 $‐ $50 $100 $150 $200 $250Full‐Time Equivalent Staff MillionsAdoptedBudget AmendmentStaff (FTE)Page 35 of 161 Equipment Funds2019‐2020 Revenue 2019‐2020 Expense 2021‐2022 Revenue 2021‐2022 Expense 2023‐2024 Revenue 2023‐2024 ExpenseBudget Amendment1,277,270 (263,764) 497,659 752,591 932,000 1,458,776Adopted7,648,401 7,588,082 8,965,393 9,750,847 10,337,614 9,526,078Staff (FTE)7.20 7.20 11.20 ‐ 2 4 6 8 10 12 $(2) $‐ $2 $4 $6 $8 $10 $12Full‐Time Equivalent Staff MillionsEquipmentAdoptedBudget AmendmentStaff (FTE)Page 36 of 161 Summary of AmendmentsFund Revenue Expense Effect EFB NotesGeneral $5,680,866 $9,857,118‐$4,176,252Bond proceeds impact, new programs & initiatives,  adjustments/corrections to meet ongoing needs, subsidy of other fundsStreets $0 $227,000 $‐227,000 Electricity costCommunity Development Block Grant$250,500 $250,500 $0Interest expense for Section 108 Loan –Supported Peanuts Park Construction Project Ambulance $0 $600,000 $‐600,000 OvertimeGolf $0 $100,000 $‐100,000 Fund capital reserve – future spendingAnimal Control $684,974 $684,974 $0 Align budget with full‐service needs.Page 37 of 161 Summary of AmendmentsFund Revenue Expense Effect EFB NotesSenior Center $218,700 $0 $218,000 Subsidy from General Fund ‐operationsRevolving Abatement $0 $208,000‐$208,000 Property clean up need increasedReal Estate Excise Tax‐$2,000,000 $0‐$2,000,000 Revenues lagging –EconomyEconomic Development $772,000 $400,000 $372,000 Purchase of pivot. Stadium $1,845,000 $1,295,000 $550,000Bond proceeds. Debt service. Capital improvementsPage 38 of 161 Summary of AmendmentsFund Revenue Expense Effect EFB NotesUtility Fund $0 $2,619,494 $2,619,494New debt service, vehicle/equipment purchases, planning documentsEquip Operations – Govt $170,000 $170,000 $0 FuelEquip Operations –Utility $117,000 $117,000 $0 FuelEquipment Rplc – Utility $645,000 $1,171,776 $526,776Vehicles & Equipment –Newly evaluated in 2023 & inflationary impact of planned purchasesTotal $8,384,040 $17,700,862‐9,316,822Page 39 of 161 Future ConsiderationsFinancial planning for future needs is always necessary. A careful and thorough effort will be undertaken for budgetary planning of 2025‐2026 and beyond. ◦General Fund: Based on a current forecast and including discussed budgetary amendment requests, fund balance is slightly higher than reserve target. However, fund balance is declining, due to expenses outpacing revenues.◦Completion of the General Fund Long Term Plan will inform budgetary strategy including the coming biennium and future budgets.◦Expenses to consider that will lose current funding sources are:◦Fire department labor costs currently covered by SAFER grant,◦Resource Navigator and PRN programs current funding provided by American Rescue Plan Act (ARPA)◦Special Revenue Funds: Depending upon fund, sustainability varies. A handful of funds are included in this request for General Fund subsidy. Revenue availability and expense levels will be evaluation to guide future operations. ◦Utilities Funds: All utilities will be evaluated for review requirements. Stormwater and irrigation utilities were last evaluated in 2017. Water and sewer utilities concluded at the end of 2021. A revenue requirements review is in process in relation to capital needs and inflationary impact on operational spending.  ◦Equipment Funds: Equipment Funds provide intra‐City services and set aside dollars for future purchases. Inflationary pressure resulted in requests for budget amendments. Continuation of escalated costs is impactful.Page 40 of 161 AGENDA REPORT FOR:City Council November 21, 2023 TO:Adam Lincoln, City Manager City Council Special Meeting: 11/27/23 FROM:Richa Sigdel, Deputy City Manager City Manager SUBJECT:*Ordinance Nos. 4698 & 4699 - 2024 Administrative/Professional Wage and Management Salary Plans I.REFERENCE(S): Proposed Ordinance - Administrative/Professional, Exempt & Non-Exempt Proposed Ordinance - Management II.ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION:certain for providing 4698, No. adopt to move I Ordinance adjustments in the Administrative/Professional, Exempt and Non-Exempt wage plan beginning January 7, 2024 (1st full pay period of 2024) and, further, authorize publication by summary only. MOTION:4699, certain for providing No. move adopt to Ordinance I adjustments in the Management salary plan beginning January 7, 2024 (1st full pay period of 2024) and, further, authorize publication by summary only. III.FISCAL IMPACT: Estimated cost of $900,000 for 2024 and is accommodated in the adopted budget. IV.HISTORY AND FACTS BRIEF: The City of Pasco (City) utilizes “comparable” cities when negotiating union contracts for police and fire employees. To maintain competitiveness, lessen wage compression, and maintain rough parity throughout the organization and industry, similar comparable cities are used in evaluating the salary and total compensation plans of other City work groups (public works/facilities, administrative/professional, and management positions). Organized bargaining units (police, fire, and public works/facilities) negotiate Page 41 of 161 specific increases to salaries, benefits, and cost of living allowance (COLA) in bargaining contracts every two to three years. Council approves these City's The negotiated. are as contracts bargaining they administrative/professional and management employees do not operate under a collective bargaining agreement and instead, adjustments to compensation are accomplished through Council action in the form of an ordinance, typically following the budget process at the end of the calendar year. A COLA serves to maintain spending power in the face of inflation, while a market adjustment is used to calibrate classifications that require movement up or down the salary schedule for purposes of internal and external equity. There are other aspects of compensation beyond salary, such as health benefits, vacation accrual, flexible schedules, deferred compensation, etc. that impact workforce retention and the recruitment of quality candidates. An employer contribution to a 457 Deferred Compensation Plan is a common employee plans many in compensation benefit the in included total municipalities. Council approved the introduction of the deferred compensation benefit in 2021 to improve City's marketability, and ability to be competitive and attract exit During workforce. stable and competent a retain and highly interviews with Human Resources staff, employees had expressed that a factor in their leaving employment with the City of Pasco and accepting employment with other government employers was due to none or lower 457 contributions. Any employer, public or private, failing to consider market conditions or inflationary impacts on salaries, over time, will see their competitiveness as an employer erode, which in turn impacts their ability to recruit quality candidates and retain quality staff. Further, such inaction can cause wage compression, resulting in an imbalance between positions requiring similar skills and having comparable responsibilities, and have a detrimental impact on morale and productivity. All of this leads to an unstable workforce as people leave for better conditions, which adversely impacts an employer's ability to provide quality services. V.DISCUSSION: For the reasons outlined above it is recommended that when economic conditions permit, COLA and market adjustments be made to assure the competitiveness of the administrative/professional and management salary scales. In this regard, the Council has made incremental progress over the past few years, and this proposal essentially furthers a multi-year process of bringing all administrative/professional and management classifications into internal parity with one another and remaining roughly competitive with our peer agencies. Page 42 of 161 The City utilizes the All Urban Consumers (CPI-U) West–Size Class B/C Consumer Price Index (CPI). Using this index, the reported annual rate of inflation for October 2022 to October 2023 is 3.2%, CPI for the same period last year was 8.28%. Council approved a COLA adjustment of 5.0% and an additional 1.0% contribution to the 457 Deferred Compensation Plan. Staff recommend Administrative/Professional (Exempt and Non-Exempt) to receive a COLA adjustment of 4.0% and an additional 1.0% City contribution to the City of Pasco 457 Deferred Compensation Plan to maintain the City's competitiveness as an employer. As mentioned before, contribution to 457 Deferred Compensation was first authorized by the Council for the calendar year 2021 at a level of 1% as part of a multi-year plan to bring the benefit up to market standard and more on par with organizational parity. Council subsequently authorized a second and third 1% increase to the deferred compensation benefit to non-represented employee groups in 2022 and 2023. In furtherance of this effort, the City Manager is recommending an additional 1% City contribution to the 457 Deferred Compensation Plan for 2023, increasing the total benefit to 4%, which will bring the benefit to parity with comparable cities. Similar to the Administrative / Professional group, a COLA of 4.0% and an additional 1.0% City contribution to the 457 Deferred Compensation Plan is proposed for the Management employee group. The COLA is the only automatic salary adjustment any management employee will receive. The maximum salary of each band was adjusted for the purpose of remaining competitive to recruit, hire, and retain highly competent, experienced, and knowledgeable managers. It will also allow the City to address existing wage compression within reporting hierarchies and internal equity issues. These market-related adjustments do not directly change the individual salary of the incumbent(s), which is an entirely separate process related to documented performance. The cumulative cost of the recommended increase (4.0% COLA and 1.0% deferred compensation contribution) for the non-management (administrative/professional) and management groups' wage scale is estimated to be on the order of $900,000 for 2024, which was included in the City's 2023- 2024 Biennium Budget. Staff recommends the adoption of the non-represented wages and management salary plans as presented. Page 43 of 161 Ordinance Admin/Professional & Non-Mngt Wages 2024 - 1 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, CONCERNING WAGES FOR CERTAIN ADMINISTRATIVE/ PROFESSIONAL, NON-MANAGEMENT PERSONNEL FOR CALENDAR YEAR 2024. WHEREAS, after due consideration of the cost-of-living index and wage rates paid by comparable cities, and the history of wage adjustments for the City’s bargaining units, the City Manager has recommended a 4.0% cost of living adjustment and an additional 1.0% City-paid deferred compensation contribution in the administrative/professional, non-management wage plan; and WHEREAS, the City Council finds that the proposed cost of living adjustment is appropriate in consideration of the Department of Labor’s Consumer Price Index and comparability within the City and with other jurisdictions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The wage scale for those administrative and professional, non-management positions is specified in Exhibit A attached hereto, which is incorporated by reference as if fully set forth herein. The City Manager shall designate the appropriate salary in Exhibit A for each employee covered by this Ordinance, considering the employee’s time in the position, the current hourly wage, and the evaluation of the employee’s performance. Section 2. The step increases set forth in Exhibit A are dependent upon a satisfactory performance evaluation. Section 3. The wage scale set forth in Exhibit A shall be effective January 7, 2024, (1st full pay period of 2024) and remain in effect until this Ordinance is amended or superseded by a subsequent Ordinance. Section 4. This Ordinance supersedes any conflicting prior Ordinance or conflicting provision of a prior Ordinance. Section 5. Severability. If any section, subsection, sentence, clause, phrase, or word of this ordinance should be held to the invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this ordinance. Section 6. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Page 44 of 161 Ordinance Admin/Professional & Non-Mngt Wages 2024 - 2 Section 7. Effective Date. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, on this ____ day of ___________, 2023. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: ___________________________ Page 45 of 161 ADMINISTRATIVE/PROFESSIONAL WAGE SCALE (Non‐Represented) ‐ 2024 Effective 01.07.2024 ‐ 4% COLA Position Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Animal Care Technician Animal Shelter Customer Service Technician 17 19.96 20.58 21.21 21.87 22.55 23.24 23.96 Department Assistant I 20 21.18 21.84 22.51 23.21 23.92 24.66 25.43 Animal Control Officer 25 23.38 24.11 24.85 25.62 26.41 27.23 28.07 Administrative Assistant I Cemetery Customer Service Representative 26 23.85 24.59 25.35 26.14 26.94 27.78 28.63 Probation Services Clerk 27 24.33 25.08 25.86 26.66 27.48 28.33 29.21 Department Assistant II Deputy Court Clerk 28 24.82 25.58 26.37 27.19 28.03 28.90 29.79 Park Ranger 31 26.34 27.15 27.99 28.86 29.75 30.67 31.62 Accounting Assistant Engineering Technician I Permit Coordinator Lead Court Clerk 33 27.40 28.25 29.12 30.02 30.95 31.91 32.89 Animal Control and Operations Lead 35 28.50 29.39 30.30 31.23 32.20 33.19 34.22 Administrative Assistant II 37 29.66 30.57 31.52 32.50 33.50 34.54 35.60 Lead Permit Coordinator 38 30.25 31.19 32.15 33.14 34.17 35.23 36.32 Court Services Specialist Registered Nurse 39 30.86 31.81 32.79 33.81 34.85 35.93 37.04 Engineering Technician II Pre-Treatment Technician Code Enforcement Officer 40 31.47 32.45 33.45 34.48 35.55 36.65 37.78 Court Probation Officer Payroll Specialist Deputy City Clerk Planner I Recreation Specialist Court Community Resource Coordinator 41 32.10 33.09 34.12 35.17 36.26 37.38 38.54 Human Resources Specialist Lead Recreation Specialist Executive Administrative Assistant 42 32.74 33.76 34.80 35.88 36.99 38.13 39.31 Procurement Specialist Community Resource Specialist Planner II Management Analyst I Fire Logistics Coordinator 43 33.40 34.43 35.50 36.59 37.73 38.89 40.10 Building Inspector Construction Inspector Lead Code Enforcement Officer Information Technology Specialist (PC, Network, Database,GIS, and REV) 45 34.75 35.82 36.93 38.07 39.25 40.46 41.72 Safety and Training Coordinator 47 36.15 37.27 38.42 39.61 40.84 42.10 43.40 Associate Planner Engineering Tech III Plans Examiner Human Resouces Generalist Project Support Specialist 49 37.61 38.78 39.97 41.21 42.49 43.80 45.15 Environmental Compliance Coordinator 53 40.71 41.97 43.27 44.61 45.99 47.41 48.88 Instrumentation Technician Engineer I Public Works Project Coordinator CIP Inspection Coordinator 54 41.53 42.81 44.14 45.50 46.91 48.36 49.85 January 2024 Exhibit ANon-Exempt Page 46 of 161 ADMINISTRATIVE/PROFESSIONAL WAGE SCALE (Non‐Represented) ‐ 2024 Effective 01.07.2024 ‐ 4% COLA Position Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Staff Accountant Management Analyst II Communications Program Manager 49 37.61 38.78 39.97 41.21 42.49 43.80 45.15 Block Grant Administrator 53 40.71 41.97 43.27 44.61 45.99 47.41 48.88 Executive Assistant - City Manager Senior Human Resources Generalist Public Works Financial Analyst Lead Communications Engagement Strategist 54 41.53 42.81 44.14 45.50 46.91 48.36 49.85 Senior Planner Long Range Plan Coordinator 56 43.20 44.54 45.92 47.34 48.80 50.31 51.87 Lead Accountant I Information Technology Business Analyst 59 45.85 47.27 48.73 50.24 51.79 53.39 55.04 CIP Project Manager Engineer II Information Technology Administrator (Database, GIS, Network, Systems & SCADA) 61 47.70 49.18 50.70 52.27 53.88 55.55 57.27 Lead Accountant II Human Resources Business Partner 63 49.63 51.16 52.75 54.38 56.06 57.79 59.58 Senior Engineer Senior Traffic Engineer 65 51.63 53.23 54.88 56.57 58.32 60.13 61.99 Information Technology Lead 66 52.67 54.30 55.97 57.71 59.49 61.33 63.23 January 2024 Exempt Page 47 of 161 Ordinance – Management Wages 2024 - 1 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, CONCERNING THE SALARIES FOR MANAGEMENT POSITIONS FOR THE CALENDAR YEAR 2024. WHEREAS, after due consideration of the cost-of-living index and wage rates paid by comparable cities, and the history of wage adjustments for the City’s bargaining units, the City Manager has recommended a 4.0% cost of living adjustment and an additional 1.0% City-paid deferred compensation contribution for the calendar year 2024, in the management wage plan; and WHEREAS, the City Council finds that the proposed cost of living adjustment is appropriate in consideration of the Department of Labor’s Consumer Price Index and comparability within the City and with other jurisdictions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The maximum monthly salaries for management positions shall be as set forth in Exhibit A attached hereto, which is incorporated by reference as if fully set forth herein. The schedule of maximum salaries set forth in Exhibit A shall be effective January 7, 2024, (1st full pay period of 2024) and shall remain effective until this Ordinance is amended or superseded by subsequent Ordinance. The actual salary to be received by an employee occupying a management position shall be determined by the City Manager in an amount no greater than the maximum for the position except as authorized herein. Section 2. A merit increase may be granted to a city employee (with the exception of the City Manager) employed in one of the management level positions set forth in Exhibit A at the sole discretion of the City Manager and within the following guidelines; provided; however, the total of all merit increases herein authorized for the year 2024 does not exceed $75,000. (a) Any merit increase shall be based solely upon job performance demonstrating effort and achievement above and beyond what is regularly expected and defined in the employee management level job description and to management employee who surpasses annual identified objectives assigned at the beginning of the 2023, who also identifies and completes unanticipated significant tasks, demonstrates and implements recurring productivity improvements, and cost savings. (b) Any merit increase awarded shall be for a temporary period of time to be determined by the City Manager, provided any such merit increase shall expire not later than December 31, 2024. Section 3. For payroll purposes only, the monthly salaries as set forth in Exhibit A may be multiplied by twelve (12) and divided by two thousand eighty (2,080) (number of hours in Page 48 of 161 Ordinance – Management Wages 2024 - 2 work year) to determine an hourly rate of pay and paychecks may be computed and paid on this hourly basis; however, all positions listed on Exhibit A shall remain salaried positions. Section 4. This Ordinance supersedes any conflicting prior Ordinance or conflicting provision of a prior Ordinance. Section 5. Severability. If any section, subsection, sentence, clause, phrase, or word of this ordinance should be held to the invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this ordinance. Section 6. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Section 7. Effective Date. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, on this _____ day of _____________, 2023. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: ___________________________ Page 49 of 161 Position Monthly Maximum Salary City Manager CONTRACT Deputy City Manager 17,900 DIRECTOR BAND 2 17,047 Assistant City Manager C&ED Director Fire Chief Police Chief Public Works Director DIRECTOR BAND 1 15,974 Finance Director Human Resources Director Parks & Recreation Director MANAGEMENT BAND 3 14,726 City Engineer Deputy Community & Economic Development Director Deputy Fire Chief Deputy Police Chief Deputy Public Works Director MANAGEMENT BAND 2 13,664 Finance Manager Economic Development Manager Police Lieutenant MANAGEMENT BAND 1 11,751 Animal Services Manager City Clerk Construction Manager Court Administrator Facilities Manager Finance Project Manager Inspection Services Manager Parks Manager Planning Manager Police Records Manager Public Work Division Manager Recreation Services Manager Management Salary Schedule - 2024 4% COLA Exhibit A Page 50 of 161 AGENDA REPORT FOR:City Council November 21, 2023 TO:Adam Lincoln, City Manager City Council Special Meeting: 11/27/23 FROM:Jacob Gonzalez, Director Community & Economic Development SUBJECT:Ordinance No. 4700 - Amending PMC Title 25 "Zoning," Related to Residential Design Standards I.REFERENCE(S): Ordinance Presentation II.ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. 4700, amending certain Sections in Chapters 25.15, 25.45, 25.60, 25.65, 25.70, 25.165, 25.170.030, 25.175, and 25.185; repealing Section 25.165.100 entitled “Residential Design Standards”; and creating a new Chapter 25.22 entitled “Zone District Standards” all within Title 25 “Zoning” of the Pasco Municipal Code, to increase housing choices and improve the quality of built environment in Pasco residents and, further, authorize publication by title only. III.FISCAL IMPACT: IV.HISTORY AND FACTS BRIEF: City staff are preparing a substantial update to the Pasco Municipal Code (PMC) to accommodate a variety of residential housing options and typologies, increase development flexibility and clarity, and accommodate local market needs. Work on Phase 1 began in December 2021 and was initiated with the help of the Home Builders Association of the Tri-Cities (HBA-TC) to supplement the upcoming Housing Action and Implementation Plan. The proposed recommendations are being conducted with the assistance of a planning consultant, Oneza and Associates, and AHBL. In short, the proposed update utilizes objective design principles that address the following: - Increase Housing Supply and Options Page 51 of 161 - Create Objective Based Standards - Encourage Flexibility About Residential Design Standards The design standards aim to ensure high-quality residential developments in Pasco, fostering flexibility and diverse housing options for its residents. They enhance predictability and clarity in the permit process for both developers and Pasco residents. Moreover, these standards serve as instrumental tools for the Community to actualize Pasco's vision outlined in the Comprehensive Plan. Applicable to new residential developments in R-1, R-2, R-3, and R-4 zones, with a particular focus on multi-unit developments within the city limits, these standards contribute to the overall growth and development of Pasco. The RS- 12 and RS-20 zoning districts are now impacted by the proposal, no changes are proposed for these districts. types these Builders, Home of of National the to According Association standards for housing and neighborhoods are not new; various zoning codes have historically included design-related requirements. These standards are put in place by communities to manage the physical appearance of their housing, preserve the community's character, safeguard property values, and attract specific groups of home buyers and renters. However, can It drawbacks. with standards design implementing comes increase costs, restrict consumer choices, exclude certain populations due to pricing, and lead to legal concerns. Despite the growing awareness of how zoning and ordinances can create obstacles to housing affordability, many communities residential design detailed highly adopting are nationwide standards that limit materials and impose strict requirements on the housing industry. Pasco currently oversees housing through two avenues: the Zoning Code (PMC Title 25) aligns with the Comprehensive Plan, aiming to enhance the welfare of present and future residents. While Pasco presently has 10 distinct residential zoning districts, this proposal focuses on amending the four most utilized ones. Additionally, the Pasco Municipal Code shapes housing styles, forms, (PMC Standards Design Residential section via choices and the 25.165.100). However, these standards are relatively minimal and have been identified as somewhat restrictive, limiting the desired flexibility for both residents and builders. Despite the city adopting modifications to the Zoning Code to expand housing options, there have been minimal adjustments to the fundamental elements that effectively enable and enforce the intent of these recent changes. Planning Commission Summary Page 52 of 161 The Pasco Planning Commission recommended the draft ordinance at the November 2022 meeting. The Planning Commission conducted three public hearings and four workshops to discuss the proposal. The table below summarizes meetings and public hearings held with the Planning Commission. In addition to the meetings above, this effort has been shared and development housing the in with various communicated stakeholders community. Staff held three (3) meetings to ensure that the proposed changes are practical in addressing much-needed housing flexibility. Staff notes that additional input has been provided by local builders and developers, which may require minor changes to the proposal. City Council Workshops This item has been shared with the City Council previously on July 10 and August 14, 2023. V.DISCUSSION: Amendments boosting towards geared 1923 House the of part As Bill residential building capacities, the Department staff initiated a survey targeting home builders, realtors, and housing stakeholders. The objective was to gather insights on aspects of the city zoning code and other factors requiring updates to survey results The needs. 2021 city's the accommodate expanding underscore the necessity for adjustments in residential setbacks, lot coverage, and lot dimensions (including size, width, and depth). Policy Guidance The proposed changes are aligned with and implement the planning efforts of the Tri-Cities Pasco Comprehensive Plan, City Council Goals, HOME Consortium, and the recently adopted Housing Action and Implementation Plan (HAIP). Comprehensive Plan Land Use Policy 5-A encourages the allowance of a variety of residential choices and densities as an important factor for residential housing opportunities. Comprehensive Plan Housing Policy Use Policy 3-A supports the increase of housing supply through appropriate and flexible development standards. City Council's Goals for Quality of Life include the adoption of the Housing Action and Implementation Plan, with an emphasis on increasing the variety of housing options to address the needs of Pasco's growing population. Strategy #1 of the Housing Action and Implementation Plan is the removal of regulatory barriers and encourage the development of a variety of housing Page 53 of 161 options. Action 1.1 of the HAIP identifies the need to update the Pasco Municipal Code to implement the strategy. Summary of Recommendations The changes will impact various elements of Pasco Municipal Code Title 25 Zoning. It will also include the creation of a new chapter "Zone District Standards" that will replace the existing Residential Design Standards of PMC 25.165.100. The proposed revisions and recommendations are primarily focused on the following elements: - Lot Size - Lot Dimension - Lot Frontage - Setbacks - Parking and Driveways - Site Access and Circulation Through collaborative efforts involving representatives from diverse stakeholder groups, the recommendations provide a level of flexibility that accommodates builders, and homeowners increased options housing for effectively addressing the rising demand. Anticipating a population surge of over 60,000 residents by 2045, the proposed changes outlined in the Draft Ordinance represent a significant stride toward fulfilling our housing goals and meeting the community's evolving needs. Additionally, the implementation of these changes will effectively exempt the City of Pasco from recently adopted state legislation related to HB 1110 adopted in 2023. Proposal Support The updates to the Zoning Code have received support from the following: - Home Builders Association of the Tri-Cities - Tri City Association of Realtors - United Way of Benton and Franklin Counties - Habitat for Humanity - Tri-County Partners Page 54 of 161 Ordinance – Amending PMC – 25 “Zoning” - 1 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON AMENDING CERTAIN SECTIONS IN CHAPTERS 25.15, 25.45, 25.60, 25.65, 25.70, 25.165, 25.170, 25.175, AND 25.185; REPEALING SECTION 25.165.100 ENTITLED “RESIDENTIAL DESIGN STANDARDS”; AND CREATING A NEW CHAPTER 25.22 ENTITLED “ZONE DISTRICT STANDARDS” ALL WITHIN TITLE 25 “ZONING” OF THE PASCO MUNICIPAL CODE, TO INCREASE HOUSING CHOICES AND IMPROVE THE QUALITY OF BUILT ENVIRONMENT IN PASCO RESIDENTS. WHEREAS, cities planning under the Washington State Growth Management Act are required to plan for the availability of affordable and accessible housing to all economic segments in addition to promoting a variety of residential densities and housing types for the community per RCW 36.70A.020(4); and WHEREAS, projections from the Washington State Office of Financial Management indicate Pasco’s population will increase to 121,828 by the year 2038; and WHEREAS, the 2018-2038 Comprehensive Plan anticipates an additional 15,200 housing units will be necessary to accommodate the projected residential growth demands: and WHEREAS, counties and cities planning under the Growth Management Act are required to plan for the availability of affordable housing to all economic segments of their communities, encourage the availability of affordable housing and promote a variety of residential densities and housing types per RCW 36.70A.020(4); and WHEREAS, Policy LU-4-B of the 2018-2038 Pasco Comprehensive Plan encourages infill and higher residential densities within proximity to travel corridors and public transportation service areas; and WHEREAS, Policy LU-5-A of the 2018-2038 Pasco Comprehensive Plan states that the allowance of a variety of residential densities within the Urban Growth Area is important in maintaining a broad range of residential housing opportunities; and WHEREAS, Policy H-3-A of the 2018-2038 Pasco Comprehensive Plan supports the increase of the housing supply through appropriate and flexible development standards; and WHEREAS, Priority Need #1 of the 2020-2024 Tri-Cities Consolidated Home Plan identifies the need for affordable housing choices; and WHEREAS, the purpose of these amendments is to provide flexibility in housing development and offer a variety of housing choices for Pasco residents. Page 55 of 161 Ordinance – Amending PMC – 25 “Zoning” - 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 25.15.030 entitled “A definitions” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.15.030 A definitions. “Accessory dwelling unit” means an additional dwelling unit on a lot with a primary one-family dwelling unit. An accessory dwelling unit is an independent living unit designed for long-term residential occupancy by one or more people independent of the primary dwelling unit, with independent facilities for sleeping, cooking, and sanitation. An accessory dwelling unit may be attached or internal to the primary dwelling unit, or it may be detached from the primary dwelling unit. For the purposes of this title, internal accessory dwelling units are considered attached accessory dwelling units. “Accessory use” means a use subordinate to the principal use and located on the same lot with such principal use. “Adult entertainment” means: (a) Any exhibition, performance or dance conducted in an adult entertainment facility where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas; or (b) Any exhibition, performance, or dance intended to sexually stimulate any patron and any conduct in an adult entertainment facility where such exhibition, performance or dance is performed for, arranged with, or engaged in with fewer than all patrons in the adult entertainment facility at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance. For purposes of example and not limitation, such exhibitions, performances, or dances are commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing, or straddle dancing; or (c) Any exhibition, performance, display, dance, presentation, or dance of any type conducted in an adult entertainment facility and involving a person who is unclothed or in such attire, costume, or clothing as to expose to view any specified anatomical area, or who touches, caresses or fondles any specified anatomical area of themselves or another person, or permits touching, caressing or fondling of any of their own specified anatomical areas. “Adult entertainment facility” means any of the following: Page 56 of 161 Ordinance – Amending PMC – 25 “Zoning” - 3 (a) “Adult arcade” means a commercial establishment which contains individual viewing areas or booths, where for any form of consideration, including but not limited to membership fee, one or more still or motion picture projectors, slide projectors, or other similar image-producing machines are used to show films, motion pictures, computer images or pictures, video cassettes, slides, or other visual or sensory representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. (b) “Adult cabaret” means a nightclub, bar, restaurant, tavern, or similar commercial establishment, whether or not alcoholic beverages are served, that regularly features adult entertainment. (c) “Adult retail establishments” are commercial establishments such as a bookstore, video store, or novelty shop in which any one or more of the following constitute more than 20 percent of the establishment’s stock-in-trade for sale, rent, or any other form of consideration: (i) Books, magazines, periodicals or other printed materials, or photographs, films, motion pictures, video cassettes, slides or other visual or sensory representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas; or (ii) Instruments, devices, or paraphernalia designed for use in connection with any specified sexual activities. (d) “Adult motel” means a motel, hotel or similar commercial establishment which: (i) Offers sleeping accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other visual or sensory representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas, and that has a sign visible from the public right-of-way that advertises the availability of such sexually oriented materials; or (ii) Offers a sleeping room for rent on a rental fee period of time that is less than 10 hours; or (iii) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than 10 hours. Page 57 of 161 Ordinance – Amending PMC – 25 “Zoning” - 4 (e) “Adult mini motion picture theater” means a commercial establishment with a capacity for less than 50 persons, where for any form of consideration motion pictures, films, video cassettes, slides or similar visual or sensory representations are shown that are distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas. (f) “Adult motion picture theater” means a commercial establishment where for any form of consideration motion pictures, films, video cassettes, slides, or other similar visual or sensory representations are shown that are distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas. (g) “Adult nude photography shop” means a commercial establishment used for the business of allowing customers to photograph any “specified anatomical areas” of a person or persons, or for the customer to be so photographed with or without other persons. (h) “Body painting shop” means a commercial establishment used for the business of allowing customers to paint the body of a person or persons, or to allow the customer’s body to be painted. (i) “Other adult entertainment facility” means any commercial establishment not defined elsewhere in the Pasco Municipal Code where adult entertainment or sexually oriented materials are regularly conducted, displayed, or available in any form, for any type of consideration and which represent more than 20 percent of the business’s stock-in-trade; provided, however, that a public library, school, university, or similar accredited educational or scientific facility shall not be considered an adult entertainment facility. In addition, a commercial establishment which offers access to telecommunication networks as a principal business purpose shall not be considered an adult entertainment facility unless the access it provides is for the primary purpose of displaying or presenting visual images that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. “Agricultural uses (commercial)” means agricultural activities, involving 10 or more acres, carried on as a commercial enterprise with the object of gain, benefit, or advantage, directly or indirectly. Agricultural uses (commercial) do not include feed lots, stockyards, dairies, hog farms or poultry husbandry. “Agricultural use (limited)” means an agricultural operation, including the construction of farm buildings and the keeping of farm animals upon the premises, but the agricultural operation shall be for a personal use only and not be carried on as a commercial enterprise where a profit is realized. Page 58 of 161 Ordinance – Amending PMC – 25 “Zoning” - 5 “Alley” means a dedicated narrow service way, not more than 20 feet wide, providing a secondary means of public access to abutting properties. “Alterations” means, as applied to a building or structure: (a) A change or rearrangement of the structural or nonstructural parts in the existing facilities; or (b) An enlargement or addition on a building or structure; or (c) Moving a building or structure from one location or position to another; or (d) A change of use. “Amusement game center” means any building or portion thereof which contains more than two amusement game devices. “Amusement game device” means a machine or other device, whether mechanical, electrical, or electronic, to be operated by the public for the purpose of entertainment, amusement or as a game, the object of which is to score high or low by comparison to the score of other players, playing concurrently or not, or to demonstrate skill or competence against an opponent, whether the opponent is the device or another person. It shall include such devices as pool tables, billiard tables, pinball machines, arcade video games and similar devices which use television screens or monitors to reproduce symbolic figures and lines intended to be representative of real games or activities. This definition shall not apply to vending machines for products unrelated to gaming, a device which does not require active participation by the player in the game, coin-operated machines which only provide music, or gambling devices regulated by state law. “Animal unit” means any one of the following: Steer, cow, milk cow, horse, mule/donkey, three goats, three sheep, three pigs, 20 chickens, 20 fowl or 20 rabbits. For the purpose of this definition, any newborn animal listed above shall be excluded until such time as it is weaned. “Antique” means a piece of furniture, glassware, silverware, art work or other items that are at least 60 years old and are distinguished from general secondhand personal property and collectibles by educational value, historic value, artistic value, ornamental character or intrinsic aesthetic merits. “Antique dealer” means an establishment having as its primary stock-in-trade antiques as that term is defined in this chapter. Page 59 of 161 Ordinance – Amending PMC – 25 “Zoning” - 6 “Apartment” means a part of a building occupied by one person or family, while the rest is occupied by another, or others. “Articulation” means shifts in the plane of walls, setbacks, stepbacks, overhangs, and finishes to create variation in a building façade and divide large buildings into smaller identifiable sections. “Assisted living facility” means a system of housing and care that is designed for two or more occupants who need some assistance with daily activities, and is required to be licensed by the State of Washington. “Auto body shop” means a building or portion of a building wherein there is engaged the business of improvement and restoration of automobiles and other motor vehicles by sanding, priming, painting, straightening and other like repair and restoration. “Auto dealership, new” means a business that is franchised or sanctioned through a dealership contract with an automaker or its sales subsidiary (e.g., Ford, Chrysler, Honda, BMW, etc.) to sell new vehicles at the retail level. Said dealership must include an on-site building greater than 8,000 square feet, with offices, a showroom, a parts department, service bays and indoor maintenance facilities. No more than 33 percent of a new auto dealership sales lot may be devoted to the display of pre- owned vehicles. “Auto detail shop” means a building or portion of a building wherein there is engaged the business of improvement of the appearance of automobiles or other vehicles defined in PMC 25.15.240 by washing, waxing, polishing or other like means not within the definition of an “auto body shop” (this section). “Auto repair facilities” means the machinery permanently installed on site to facilitate automobile repair, such as hydraulic lifts, hoists or repair pits. [Ord. 4575 § 2, 2022; Ord. 4526 § 2, 2021; Ord. 4369 § 6, 2017; Ord. 4149 § 1, 2014; Ord. 4121 § 1, 2013; Ord. 4110 § 5, 2013; Ord. 3354 § 2, 1999; Code 1970 §§ 25.12.015 – 25.12.093.] Section 2. That Section 25.15.040 entitled “B definitions” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.15.040 B definitions. “Billiard or pool halls” means an establishment wherein the principal use or activity is billiards, pool, or snooker, regardless of the number of billiard, pool or snooker tables. “Blank Walls” means ground floor walls or a portion of a ground floor wall with a horizontal length of greater than 15 feet without windows, transparent doors, or architectural elements such as articulation and/or modulation. Page 60 of 161 Ordinance – Amending PMC – 25 “Zoning” - 7 “Boarding house” means any dwelling with fewer than 20 sleeping rooms in which persons whether individually or as families are housed or lodged and are provided meals at the dwelling. A rooming house or furnished rooming house is a boarding house. “Boat” means any type of watercraft, whether registered or unregistered, licensed or unlicensed. The term boat shall include any wheeled trailer or other device on which such boat is or may be kept, stored, or transported, whether registered or unregistered, licensed or unlicensed. “Building” is any structure used or intended for supporting or sheltering any use or occupancy. “Building, accessory” means a supplementary building, the use of which is incidental to that of the main or principal building and which is located on the same lot therewith. “Building area” means the three-dimensional space within which a building is permitted to be built on a lot and which is defined by height regulations, yard setbacks, and building coverage. “Building, detached” means a building surrounded by open space as required herein. “Building height” means the vertical distance from grade plane to the average height of the highest roof surface. Said grade plane represents the average finished ground level adjoining the building exterior walls. Where the finished ground slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six feet from the building, between the building and a point six feet from the building. [Ord. 4110 § 5, 2013; Ord. 3354 § 2, 1999; Code 1970 §§ 25.12.095 – 25.12.130.] Section 3. That Section 25.15.060 entitled “D definitions” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: “Dance hall” means an enclosed space where public dances are held and where alcohol and/or food may be sold. Day-Care Center, Family Home Nursery School, Family Home Day Care, Preschool. For the purpose of this title, the following definitions shall apply to day-care center, babysitting care, family home day care, family home preschool/nursery schools, nursery schools or preschools: Page 61 of 161 Ordinance – Amending PMC – 25 “Zoning” - 8 (a) “Babysitting care” means a dwelling which provides occasional care to children, for periods of less than 24 hours, who do not reside within the residence of the person providing the care. (b) “Day-care center” means a place which provides regular scheduled care for more than 12 children or adults, for periods of less than 24 hours. (c) “Family home child care” means a facility licensed to provide direct care, supervision and early learning opportunities for 12 or fewer children, in the home of the licensee where the licensee resides and is the primary provider. (d) “Family home day care” means a home licensed by the Department of Social and Health Services and in which direct care, supervision and learning opportunities are regularly provided for not more than 12 children or adults or for periods of less than 24 hours. (e) “Family home day care provider” means a person who provides direct care, supervision, behavior management, and early learning opportunities for 12 or fewer children in their family home living quarters for periods of less than 24 hours. (f) “Family home preschool/nursery schools” means a home that provides regular care and/or organized learning and educational experiences for not more than 12 children. (g) “Preschool center” means a place that provides regular custodial care and/or organized learning and educational experiences for more than 12 children. “Dwelling” means a building or part of a building designed exclusively for residential purposes, including one-family, two-family, multiple-family dwellings, but not including hotels or motel units. “Dwelling, multiple multifamily” means a building or buildings used or designed as a residence for three four or more families living independently of each other and in separate dwelling units doing their own cooking therein. The buildings can be attached or detached. This includes apartments, condominiums, and cottage housing, but does not include hotels or motels houses, and similar divided residential structures. “Dwelling, single-family” means a detached or attached dwelling unit designed for or occupied exclusively by one family. A single-family dwelling may be attached to an accessory dwelling unit or to other single-family dwellings as part of a zero- lot-line development. “Dwelling, single family detached” means a free-standing dwelling unit designed for occupancy exclusively by one family on an individually owned lot, notwithstanding a permitted Accessory Dwelling Unit. Page 62 of 161 Ordinance – Amending PMC – 25 “Zoning” - 9 “Dwelling, single family attached” means a building designed for occupancy exclusively by one family on an individually owned lot where the building abuts one or more property lines and shares a common wall with an adjacent dwelling unit(s), also known as a “row house” or “townhouse,” and “zero-lot line.” “Dwelling, two-family duplex” means a building, located on one legal lot, containing two dwelling units designed exclusively for or occupied occupancy exclusively by two families living independently of each other, with one family in each dwelling unit. except that common laundry facilities are allowed. “Dwelling, triplex” means a multifamily building, which is located on one legal lot, containing three dwelling units designed exclusively for occupancy by three single households living independently of each other with one family in each dwelling unit. “Dwelling unit” means a building or portion thereof providing complete independent living facilities for one family, including permanent provisions for eating, sleeping, cooking and sanitation. “Dwelling unit, accessory” means an additional dwelling unit on a lot with a primary one-family dwelling unit. An accessory dwelling unit is an independent living unit designed for long-term residential occupancy by one or more people independent of the primary dwelling unit, with independent facilities for sleeping, cooking, and sanitation. An accessory dwelling unit may be attached or internal to the primary dwelling unit, or it may be detached from the primary dwelling unit. For the purposes of this title, internal accessory dwelling units are considered attached accessory dwelling units. “Dwelling unit, courtyard apartment” means three or more attached or detached dwelling units on one parcel designed and used for occupancy with one household within each individual dwelling unit. The entryway to units is oriented around a landscaped courtyard, which is adjacent to the fronting public right-of-way. “Dwelling unit, duplex” means a building divided in two parts side by side or one above the other of approximately equal size on a single lot, designed exclusively for occupancy by two families on one parcel within attached dwelling units, designed and used for occupancy by one family within each individual dwelling unit and which is separated by a common wall or floor. “Dwelling unit, primary” means a separate, complete dwelling unit that is the larger of the dwelling units when a single-family residential site development plan proposes or contains an accessory dwelling unit. “Dwelling unit, triplex” means a building designed exclusively for occupancy by three families on one parcel, within attached dwelling units, designed and used for Page 63 of 161 Ordinance – Amending PMC – 25 “Zoning” - 10 occupancy by one family within each individual attached dwelling unit and each separated by common walls or floor. “Dwelling unit, zero-lot-line” means a dwelling or dwellings on a parcel, which shares a common wall on a side lot line with a similar adjoining dwelling(s) on a separate, adjacent parcel. Examples include townhouses and rowhouses. [Ord. 4575 § 3, 2022; Ord. 4110 § 5, 2013; Ord. 3354 § 2, 1999; Code 1970 §§ 25.12.158 – 25.12.185.] Section 4. That Section 25.15.090 entitled “F definitions” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: A “factory-assembled home” is defined as either: (a) A factory-built structure that was constructed in accordance with the U.S. Department of Housing and Urban Development requirements and bearing an appropriate Department of Labor and Industries insignia indicating such compliance; or (b) A factory-built structure designed for human occupancy, which is entirely or substantially prefabricated or assembled at a place other than a building site and is transported to a building site on streets or highways and there affixed to a permanent foundation. A factory-assembled home must be constructed to International Building Code standards as adopted by the City of Pasco for on-site construction, the Washington State Energy Code and all other codes adopted by the City of Pasco governing the construction of residential structures. (c) Where a “factory-assembled home” is permitted within a zoning designation, it may be permitted only as one of the allowed housing types within that zone (e.g. single-family home), including as an accessory dwelling unit; provided, it meets the applicable criteria for that housing type and zoning designation. “Family” means one or more persons (but not more than six unrelated persons) either related or unrelated, living together as a single dwelling unit. For purposes of this definition and notwithstanding any other provision of this code, children with familial status within the meaning of 42 USC § 3602(k) and persons with handicaps within the meaning of 42 USC § 3602(h) will not be counted as unrelated person. Section 5. That Section 25.15.090 entitled “G definitions” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.15.090 G definitions. Page 64 of 161 Ordinance – Amending PMC – 25 “Zoning” - 11 “Gable” means the vertical triangular portion of the end of a building created by two sloping planes, extending from the level of the cornice or eaves to the ridge of the roof. “Garage, public” means any garage other than a private garage, available to the public, operated for gain and which is used for storage, repair, rental, greasing, washing, servicing, adjusting, or equipping of automobiles or other motor vehicles. “Garage, residential” means a structure on the same lot with and accessory to a principally permitted use, used for storage only. Residential garages do not contain bathrooms, showers, or other furnishings or living space appurtenances set up for habitation purposes. “Group care facility” means any number of unrelated persons living together as a single housekeeping unit sponsored by a public or private service entity, whether supervision of the residents is provided on a full- or part-time basis. “Group home” means more than six unrelated persons over the age of 16 years living together as a single housekeeping unit. [Ord. 4110 § 5, 2013; Ord. 3354 § 2, 1999; Code 1970 §§ 25.12.200 – 25.12.215.] Section 6. That Section 25.15.140 entitled “L definitions” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.15.140 L definitions. “Lot” means a designated parcel, tract or area of land established by final plat, short plat, binding site plan, or as otherwise permitted by law. “Lot area” means the total horizontal area within the boundary lines of a lot exclusive of street and alley rights-of-way, regardless of whether such right-of-way is improved. “Lot, corner” means a lot at the junction of and abutting two or more intersecting street rights-of-way or upon two parts of the same street forming an interior angle of less than 135 degrees. “Lot coverage” means that percentage of the lot area covered by all buildings, excluding accessory dwellings, including accessory buildings and patio covers or sunscreens. “Lot depth” means the horizontal distance between the front and rear property in the mean direction of the side lot lines. “Lot, depth of corner” means a mean horizontal distance between the front and rear lot lines measured in the general direction of its side lot lines. Page 65 of 161 Ordinance – Amending PMC – 25 “Zoning” - 12 “Lot, flag” means a lot not meeting minimum frontage requirements and where access to the public right-of-way is by a narrow private driveway. Flag lot also means a recessed interior lot with an extended driveway. “Lot, interior” means a lot other than a corner lot. “Lot, key” means a lot in which the front half of the side lot line forms the rear lot line of an adjoining lot. “Lot line” means any line dividing a lot from a public street or alley right-of-way, or dividing one lot from another. “Lot, through” means an interior lot having frontage on two parallel or approximately parallel streets. “Lot, width of,” means the average width measured at right angles to the depth. [Ord. 4110 § 5, 2013; Ord. 3354 § 2, 1999; Code 1970 §§ 25.12.235 – 25.12.290.] Section 7. That Section 25.15.150 entitled “M definitions” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.15.150 M definitions. “Massage parlor” means a business principally used for the purpose of providing massage in an enclosed building. “Massage” shall have the same meaning as in PMC 5.25.010. “Massing, Building Mass” refers to height, width and depth of a building structure. Massing means grouping of three-dimensional building forms to achieve variation. “Micro-brewery” means a business engaged in the production of beer and licensed by the Washington State Liquor Board as a B1 Domestic Brewery, producing less than 60,000 barrels annually. “Micro-winery” means a business licensed by the Washington State Liquor Board as a W1 winery, producing less than 99,999 liters annually. “Mini-storage facility” means a building or group of buildings consisting of small, self-contained units for the storage of household or business goods or recreational vehicles, provided no hazardous substances or conditions are maintained within the facility. “Minor automobile repair” means repairs that are started and completed in one business day, which is defined as the 12-hour period from 7:00 a.m. until 7:00 p.m., and do not involve vehicle disassembly, dismantling, salvaging or recycling; and include belt and bulb replacement, oil changes and lubrication, fluid flushes, tire and rim replacement or mounting, muffler and exhaust replacement, filter and hose Page 66 of 161 Ordinance – Amending PMC – 25 “Zoning” - 13 replacement, audio and alarm system installation and glass or wiper replacement or other similar activities. “Mission” means a facility that offers or provides temporary housing, meals, food, clothing and other commodities or any combination thereof to the homeless and needy as its primary activities. “Mobile home” means a factory-built dwelling built prior to June 15, 1976, to standards other than the United States Department of Housing and Urban Development code, and acceptable under applicable state codes in effect at the time of construction or introduction of the home into the state. “Modulation” means variation in the building mass through the use of stepbacks, setbacks, diminishing upper floors areas, and/or projecting roof overhangs. “Motor home” means a recreational vehicle or device, whether licensed or unlicensed, primarily designed as a temporary living quarters for recreation, camping, or travel use, which contains its own motive power. “Motor vehicle repair shop” means a building or portion of a building arranged, intended or designed to be used for making repairs to motor vehicles. [Ord. 4121 § 1, 2013; Ord. 4110 § 5, 2013; Ord. 3951 § 1, 2009; Ord. 3514 § 2, 2001; Ord. 3354 § 2, 1999; Code 1970 §§ 25.12.295 – 25.12.325.] Section 8. That Section 25.15.210 entitled “S definitions” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.15.210 S definitions. “Secondhand dealer” means an establishment having any portion of its stock-in- trade in secondhand personal property as that term is defined in this section, exclusive of consignment stores and thrift shops as defined in PMC 25.15.050 and 25.15.220. “Secondhand personal property” means any item (or part thereof) of secondhand personal property, regardless of condition, age or value; including scrap and melted metals, excepting the following: stamps, coins, books, reconditioned appliances, empty food containers, compact discs, computer software, goods used in trade-ins on the purchase of other merchandise of the same or greater value, used automobiles, unclaimed goods sold to collect mechanics’ liens, and antiques. “Setback” means the distance that buildings or uses must be located away from their lot lines. “Sexually oriented materials” means any books, magazines, periodicals, or other printed materials, or any photographs, films, motion pictures, video cassettes, slides Page 67 of 161 Ordinance – Amending PMC – 25 “Zoning” - 14 or other visual or sensory representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. “Shared driveway” means two to more homes with a shared driveway access from the street to the lots. “Shop” means a residential garage as defined under PMC 25.15.090. “Snowmobile” means a vehicle with a continuous tread and runner-type steering device used primarily for over-snow travel. “Specified anatomical areas” means: (a) Less than completely and opaquely covered: (i) Human genitals, pubic region; (ii) Anus, buttock; and (iii) Female breast below a point immediately above the top of the areola; and (b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. “Specified sexual activities” means: (a) Human genitals in a state of sexual stimulation or arousal; (b) Act of human masturbation, actual or simulated; (c) Sex acts, normal or perverted, actual or simulated, including sexual intercourse, oral copulation or sodomy; (d) Fondling or other erotic touching of human genitals, pubic region, anus, buttocks or female breast; (e) Excretory function as part of, or in connection with, any sexual activities specified in this definition. “Stock-in-trade” means all books, magazines, posters, pictures, periodicals, other printed material, items, products, equipment, prerecorded video tapes, discs or other similar materials readily available for purchase, rental, viewing or use by patrons of the establishment, excluding material located in any storeroom or other portion of the premises not regularly open to patrons. Page 68 of 161 Ordinance – Amending PMC – 25 “Zoning” - 15 Storage, Container. “Storage container” means a unit originally or specifically used or designed to store goods or merchandise during shipping or hauling by a vehicle, including but not limited to rail cars of any kind, truck trailers or multi-modal shipping containers. This definition also includes mobile homes used for storage rather than habitation. “Street” means a public or private way that affords a principal means of access to abutting properties. “Structure” is that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. [Ord. 4110 § 5, 2013; Ord. 4066 § 2, 2012; Ord. 3354 § 2, 1999; Code 1970 §§ 25.12.385 – 25.12.440.] Section 9. That a new Chapter 25.22 entitled “Zone District Standards” of the Pasco Municipal Code shall be and hereby is created and shall be read as follows: Chapter 25.22 ZONE DISTRICT STANDARDS Sections: 25.22.010 Purpose. 25 22.020 Permitted Housing Types. 25.22.030 Lot Size and Density Standard. 25.22.040 Lot Dimensions. 25.22.050 Setbacks. 25.22.060 Height and Lot Coverage. 25.22.010 Purpose. The purpose of these Zone District Standards is to offer quality residential developments in Pasco while providing flexibility in the development and offering of housing choices for Pasco residents. The Zone District Standards provide predictability and clarity in the permit process for developers and Pasco residents. In addition, the Zone District Standards provides tools for the Community to implement Pasco’s vision in the Comprehensive Plan. These standards are applicable to all new residential developments in R-1, R-2, R- 3 and R-4 Zones (the “applicable zones”). These Zone District Standards shall take precedence in case there is a conflict with other sections of the Pasco Municipal Code. 25.22. 020 Permitted Housing Types. Page 69 of 161 Ordinance – Amending PMC – 25 “Zoning” - 16 Within the applicable zones, under the provisions of these Zone District Standards, the following residential housing types are permitted: (1) Single-family dwelling unit detached (SFDU – Detached). (2) Single-family dwelling unit attached (SFDU – Attached). (3) Duplexes and triplexes. (4) Multifamily attached (including apartments, stacked flats, condos). (5) Multifamily detached (including cottage housing). (6) New Factory Assembled homes. All housing types consistent with the zoning district and Comprehensive Plan density and these Zone District standards shall be allowed. 25.22.030 Lot Size and Density Standard. For all permitted housing types in the applicable zones: (1) All lots shall meet the site requirements in this Chapter and shall be of sufficient size, dimension, design, and configuration so as to permit development of the lot without variance from the applicable zoning requirements. (2) Minimum lot sizes shall be based on building types in applicable zone as set out for the zoning districts in Table 25.22.030 (1). See definitions and housing types in PMC Chapter 25.15. Table 25.22.030 (1) Home Type Minimum Lot Size (SQFT) Per Unit R-1 R-2 R-3 R-4 SFDU – Detached 4,000 3,000 2,500 2,000 SFDU - Attached 3,500 2,000 1,500 1,250 Duplex, Triplex 5,000 4,000 3,000 2,500 Multifamily Dependent on Comprehensive Plan Density, Site Design and Parking Requirements. (3) Lot size averaging shall be allowed when in accordance with PMC 21.20.070 (4) The permitted number of dwelling units or lots shall be determined as follows: (a) The maximum density of each zoning district shall be the maximum number of dwelling units allowed per gross area of an acre, excluding Page 70 of 161 Ordinance – Amending PMC – 25 “Zoning” - 17 accessory dwelling units. Maximum density shall be expressed as a ratio (e.g., three (3) dwelling units per acre). (b) The minimum lot size shall not determine maximum density. Maximum density shall not be exceeded, except as allowed by the provisions of PMC Chapter 25.155 Density Increase. (c) Gross area is the total sum area of the property line to property line, including easements, and wetlands, streams, shorelines, and other critical areas. The required critical area buffers and all legally recorded private access easements shall not be subtracted from the gross acre for the purpose of dwelling unit calculations. (d) When calculations result in a fraction, the fraction shall be rounded down to the nearest whole number as follows: 1. Fractions of one-half (0.5) or above shall be rounded up; and 2. Fractions below one-half (0.5) shall be rounded down. (e) In the event that the applicant can clearly demonstrate that due to environmental and/or physical constraints on the subject lot that the minimum density cannot be achieved, the minimum density requirement shall not be applied. (f) The minimum and maximum density shall be as set out in the City’s Comprehensive Plan. 25.22.040 Lot Dimensions. This section applies to all permitted housing types in the applicable zones. (1) Where multi-unit developments occur, they shall have at least one public street frontage. For shared driveways (e.g. triplexes, townhomes), frontage shall be measured from the public street only for the lots abutting the street. Rear lots accessed by a shared driveway are not required to have street frontage. (2) Minimum lot width shall be the same as minimum lot frontage. (3) Minimum lot frontage and lot width in each applicable zone by building types shall be in accordance with Table 25.22.040(1). (4) Depth. (a) SFDU-Detached, Duplex, and Triplex lots may have a lot with a depth to width ratio up to 3:1 when located in Medium Density Residential, High Density Residential, or Mixed Residential/Commercial land use Page 71 of 161 Ordinance – Amending PMC – 25 “Zoning” - 18 (b) SFDU-Attached lots may have a lot with a depth to width ratio up 5:1; (c) Multifamily lots shall not have a maximum depth. Table 25.22.040(1): Minimum Lot Frontage and Lot Width by Zoning Districts Home Type Minimum Site Frontage & Width (FT) R-1 R-2 R-3 R-4 SFDU – Detached 40’/ DU 30’ / DU 30’ / DU 30’ / DU SFDU - Attached 35’ 20’ 20’ 20’ Duplex, Triplex 50’ 40’ 30’ 30’ / Lot Multifamily Detached 60’ 40’ 40’ 30’ Multifamily Attached 40’ Minimum dependent on Comprehensive Plan density, Site design and parking requirements. Not permitted in cul-de-sac or dead end. 25.22.050 Setbacks This section applies to all permitted housing types and residential accessory buildings in the applicable zones. (1) Residential building setback shall be in accordance with Table 25.22.050(1) and the standards that follow: (a) Front yard setbacks are measured from the lot line, except for when the sidewalk is built upon the property, then the setback is measured from the edge of the sidewalk. (b) Residential accessory buildings have the same setbacks in Table 25.22.050(1), except as follows: i. Structures related to rabbits and/or chicken hens must be at least 10’ from any property line and must be located behind the rear line of the dwelling. (c) Accessory Dwelling Units (ADUs) are exempted from this section and are subject to the regulations contained in Chapter 25.161. Page 72 of 161 Ordinance – Amending PMC – 25 “Zoning” - 19 Table 25.22.050(1): Building Setbacks HOUSING & ACCESS TYPE Building Setbacks Front Rear Alley / Private driveway Side • SFDU – Detached • Duplexes & Triplexes • SFDU Attached • Multifamily that are accessed directly from public streets 15’ for living area / 20’ for garage 15’ 15’ for living area and 5’ for garage 5’ • SFDU – Attached • Multifamily with shared driveway and parking located in the rear of development, or accessed via alleyway 12’ (1) 15’ 15’ for living area and 5’ for garage 5’(2) Accessory Structure (3) Same as housing unit 5’ 0’ / 5’ for garage with vehicle doors parallel to alley 5’ (1) Attached Multifamily or mixed use buildings permitted without a minimum setback if abutting a sidewalk 8’ or wider and has garage or parking located on the back or side of the site. A 5’ landscaping buffer setback is required when abutting sidewalks below 8’ (2) The attached side of an Attached SFDU may be built up to the property line. (3) (a) Structures related to rabbits and/or chicken hens may not exceed 6’ in height nor 30 square feet in size. (b) Accessory Dwelling Units (ADUs) are exempted from this section and are subject to the regulations contained in Chapter 25.161. 25.22.060 Height and Lot Coverage. For all permitted housing types in the applicable zones. Building height and lot coverage shall be according to Table 25.22.060 (1). Page 73 of 161 Ordinance – Amending PMC – 25 “Zoning” - 20 Table 25.22.060(1): Building height and Lot Coverage Home Type Building Height & Lot Coverage Maximum R-1 R-2 R-3 R-4 Bldg . Heig ht Lot Coverage Bldg. Height Lot Coverage Bldg. Height Lot Coverage Bldg. Height Lot Coverage SFDU - Detached 35’ 45% 35’ 50% 40’ 60% 40’ 60% SFDU – Attached 35’ 60% 35’ Dependent on Comprehensive Plan Density, Site Regs and Parking Requirements. 40’ Dependent on Comprehensive Plan Density, Site Regs and Parking Requirements. 40’ Dependent on Comprehensive Plan Density, Site Regs and Parking Requirements. Multifamily Detached 25’ 60% 25’ 25’ 25’ Multifamily Attached 35’ 60% 45’ 45’ 45’ Accessory Building 15’ Per Home Type 15’ Per Home Type 15’ Per Home Type 15’ Per Home Type Page 74 of 161 Ordinance – Amending PMC – 25 “Zoning” - 21 Section 10. That Chapter 25.45 entitled “R-1 Low Density Residential District” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: Chapter 25.45 R-1 LOW DENSITY RESIDENTIAL DISTRICT Sections: 25.45.010 Purpose. 25.45.020 Permitted uses. 25.45.030 Permitted accessory uses. 25.45.040 Conditional uses. 25.45.050 Development standards. 25.45.010 Purpose. 25.45.010 Purpose. The R-1 low density residential district is established to provide a low to medium density residential environment compliant with the Comprehensive Plan land use density table in PMC 25.215.015. Certain public facilities and institutions may also be permitted, provided their nature and location are not detrimental to the intended low to medium density residential environment. [Ord. 4575 § 8, 2022; Ord. 3354 § 2, 1999; Code 1970 § 25.28.010.] 25.45.020 Permitted uses. The following uses shall be permitted in the R-1 district:All housing types permitted in Section 25.22.020 Zone District Standards are permitted in this zone. (1) Single-family dwellings. (2) Zero-lot-line dwellings. (3) Multiple dwellings . (4) Duplexes. (5) Triplexes. (6) Courtyard apartments. (7) New factory-assembled homes. (8) Nothing contained in this section shall be deemed to prohibit the use of vacant property for gardening or fruit raising. [Ord. 4575 § 8, 2022; Ord. 3731 § 9, 2005; Ord. 3354 § 2, 1999; Code 1970 § 25.28.020.] Page 75 of 161 Ordinance – Amending PMC – 25 “Zoning” - 22 25.45.030 Permitted accessory uses. The following uses shall be permitted as accessory to a permitted use in the R-1 low density residential district: (1) Detached residential garages as defined in PMC 25.15.090, provided they do not exceed 15 feet in height and 1,000 square feet in area; except on lots that are 12,000 square feet or more the height may be increased by three feet and the area may increase by 200 square feet. On lots over 12,000 square feet in area detached residential garages in excess of 18 feet in height may be permitted by special permit based upon the review criteria listed in PMC 25.200.080 and 25.200.090. (2) Home occupations, as defined by PMC 25.15.100. (3) Storage buildings cumulatively not exceeding 200 square feet of gross floor area and 15 feet in height; provided no container storage, as defined in PMC 25.15.210, shall be permitted. (4) The renting of rooms for lodging purposes only; provided, however, such accommodations shall not exceed two persons in a single-family dwelling. One off- street parking space, per room, must be provided in addition to the requirement set forth under PMC 25.185.170(5). (5) The keeping of dogs and cats, provided such number of animals does not exceed three dogs and three cats. (6) Family day care homes in conformance with Chapter 388-73 WAC as now existing and as amended and Chapter 25.150 PMC. (7) Accessory dwelling units in conformance with Chapter 25.161 PMC. (8) On lots with a minimum of 5,000 square feet and containing only one single-family dwelling unit, the keeping of dogs, cats, rabbits, and chicken hens, provided such number of animals does not exceed three dogs and/or three cats, and/or three rabbits and/or three chicken hens, the total number of animals not to exceed six; in all cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed. (9) Family home preschool in conformance with Chapter 25.150 PMC. (10) Community/amenity buildings for multifamily complexes. [Ord. 4575 § 8, 2022; Ord. 4144 § 4, 2014; Ord. 4110 § 11, 2013; Ord. 4036 § 8, 2011; Ord. 3688 § 4, 2004; Ord. 3354 § 2, 1999; Code 1970 § 25.28.030.] Page 76 of 161 Ordinance – Amending PMC – 25 “Zoning” - 23 25.45.040 Conditional uses. In addition to the unclassified uses listed in Chapter 25.200 PMC, the following uses may be permitted by special permit as provided in Chapter 25.200 PMC: (1) Churches and similar places of worship. (2) Public libraries and municipal office buildings. (3) Public and private schools, public parks and playgrounds. (4) Fire department station houses. (5) Day-care centers and preschool centers. (6) Unclassified uses as listed in PMC 25.200.020. [Ord. 4575 § 8, 2022; Ord. 4110 § 11, 2013; Ord. 3354 § 2, 1999; Code 1970 § 25.28.040.] 25.45.050 Development standards. (1) The dimensional standards for this zone, including setbacks, density, maximum building height, and lot coverage, are set out in Chapter 25.22 Zone District Standards. (1) Minimum lot area: 7,200 square feet; (2) Density. All developments shall be compliant with the Comprehensive Plan land use density table in PMC 25.215.015, and shall contain no greater than four dwelling units per lot; (3) Maximum lot coverage: 40 percent; (4) Minimum Yard Setbacks. (a) Front: 20 feet. (b) Side: Five feet, except in zero-lot-line developments in which case no side yard setback is required from the common lot line, provided the remaining side yards are at least 10 feet each. (c) Rear. Principal building: Equal to the height of the dwelling. Accessory buildings: Accessory buildings adjacent an alley may be placed on the alley line provided there are no openings in the wall adjacent to the alley. Garages with vehicle doors adjacent to an alley shall be set back from the alley 20 feet. Where there is no alley, the setback shall be five feet. Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops, must be at least 10 feet from any property line, may not exceed six feet in height and 30 square feet in size, and must be located behind the rear line of the dwelling. Rabbit hutches and/or chicken coops adjacent an alley may be placed within five feet of the alley Page 77 of 161 Ordinance – Amending PMC – 25 “Zoning” - 24 line provided there are no openings in the wall adjacent to the alley. Property owners shall not allow such structures to become a nuisance due to noise or odor; (5) Maximum Building Height. (a) Principal: 35 feet, except a greater height may be approved by special permit (b) Accessory buildings: 15 feet; (62) Fences and hedges: See Chapter 25.180 PMC; (73) Parking and driveways: See Chapter 25.185 PMC; (84) Landscaping: See Chapter 25.180 PMC; and (95) Residential Site and building design standards See PMC 25.165.100175. [Ord. 4575 § 8, 2022; Ord. 4040 § 4, 2012; Ord. 4036 § 9, 2011; Ord. 3731 § 10, 2005; Ord. 3354 § 2, 1999; Code 1970 § 25.28.050.] Section 11. That Chapter 25.60 entitled “R-2 Medium Density Residential District” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: Chapter 25.60 R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT Sections: 25.45.010 Purpose. 25.60.010 Purpose. 25.60.020 Permitted uses. 25.60.030 Permitted accessory uses. 25.60.040 Conditional uses. 25.60.050 Development standards. 25.60.010 Purpose. The R-2 district is established to provide a medium density residential environment compliant with the Comprehensive Plan land use density table in PMC 25.215.015. The R-2 district is intended to allow for a gradual increase in density between low and high density residential districts. [Ord. 4575 § 9, 2022; Ord. 3354 § 2, 1999; Code 1970 § 25.34.010.] 25.60.020 Permitted uses. The following uses shall be permitted in the R-2 district:All housing types permitted in Section 25.22.020 Zone District Standards are permitted in this zone. (1) Single-family dwellings. (2) Two-family dwellings. Page 78 of 161 Ordinance – Amending PMC – 25 “Zoning” - 25 (3) Zero-lot-line dwellings. (4) Multiple dwellings. (5) Duplexes. (6) Triplexes. (7) Courtyard apartments. (8) New factory-assembled homes. (9) Nothing contained in this section shall be deemed to prohibit the uses of vacant property for gardening or fruit raising. [Ord. 4575 § 9, 2022; Ord. 3731 § 13, 2005; Ord. 3354 § 2, 1999; Code 1970 § 25.34.020.] 25.60.030 Permitted accessory uses. The following uses shall be permitted as accessory to a permitted use in the R-2 district: (1) Detached single-family residential garages, as defined in PMC 25.15.090, provided they do not exceed 15 feet in height and 1,000 square feet in area. On lots over 12,000 square feet in area detached residential garages in excess of 15 feet in height and/or increase in floor area of up to 200 square feet may be permitted by special permit based upon the review criteria listed in PMC 25.200.080 and 25.200.090. (2) Home occupations as defined by PMC 25.15.100. (3) Storage buildings cumulatively not exceeding 200 square feet of gross floor area and 15 feet in height; provided no container storage, as defined in PMC 25.15.210, shall be permitted. (4) The keeping of dogs and cats provided such number of animals does not exceed three dogs and three cats. (5) Family day care homes in conformance with Chapter 388-73 WAC as now existing and as amended and Chapter 25.150 PMC. (6) The renting of rooms for lodging purposes only; provided, however, that such accommodations shall not exceed two persons in a single-family dwelling. One off-street parking space per room must be provided in addition to the requirement set forth under PMC 25.185.170(5). (7) Family home preschool in conformance with Chapter 25.150 PMC. (8) Accessory dwelling units in conformance with Chapter 25.161 PMC. (9) On lots with a minimum of 5,000 square feet and containing only one single-family dwelling unit, the keeping of up to three rabbits or three chicken hens for personal use, provided the total number of animals (including dogs, cats, rabbits, Page 79 of 161 Ordinance – Amending PMC – 25 “Zoning” - 26 and chicken hens) does not exceed six; in all cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed. (10) Community/amenity buildings for multifamily complexes. [Ord. 4575 § 9, 2022; Ord. 4144 § 5, 2014; Ord. 4110 § 14, 2013; Ord. 4036 § 14, 2011; Ord. 3354 § 2, 1999; Code 1970 § 25.34.030.] 25.60.040 Conditional uses. In addition to the unclassified uses listed in Chapter 25.200 PMC, the following uses may be permitted by special permit as provided in Chapter 25.200 PMC: (1) Churches and similar places of worship. (2) Public libraries and municipal office buildings. (3) Public and private schools, public parks and playgrounds. (4) Fire department station houses. (5) Day-care centers and preschool centers. (6) Unclassified uses as listed in PMC 25.200.020. [Ord. 4575 § 9, 2022; Ord. 4110 § 5, 2013; Ord. 3354 § 2, 1999; Code 1970 § 25.34.040.] 25.60.050 Development standards. (1) The dimensional standards for this zone, including setbacks, density, maximum building height, and lot coverage, are set out in Chapter 25.22 Zone District Standards. Minimum lot area: 5,000 square feet (2) One single-family dwelling shall be permitted per lot. Multiple dwellings shall be permitted based on the density standards in subsection (3) of this section. (3) Density. All developments shall be compliant with the Comprehensive Plan land use density table in PMC 25.215.015. In addition, one dwelling unit per 5,000 square feet of lot area is required for all single-family detached dwellings and 4,000 square feet of lot area is required for all multiple dwellings, duplexes, two-family dwellings, triplexes, courtyard apartments, and zero-lot-line dwellings, except as provided in Chapter 25.161 PMC. (4) Maximum Lot Coverage. (a) Single-family (detached): 40 percent. (b) Single-family with an attached ADU, duplexes, two-family dwellings, triplexes, courtyard apartments, zero-lot-line dwellings or multiple dwellings: determined by parking and setback requirements. (5) Minimum Yard Setbacks. (a) Front: 20 feet. Page 80 of 161 Ordinance – Amending PMC – 25 “Zoning” - 27 (b) Side: five feet except in zero-lot-line developments in which case no side yard setback is required from the common lot line, provided the remaining side yards are at least 10 feet each. (c) Rear: Principal building: Equal to the height of the dwelling. Accessory structures: Accessory structures adjacent to an alley may be placed on the alley line provided there are no openings in the wall adjacent to the alley. Garages with vehicle doors adjacent to an alley shall be set back from the alley 20 feet. Where there is no alley the setback shall be five feet. Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops, must be at least 10 feet from any property line, may not exceed six feet in height and 30 square feet in size, and must be located behind the rear line of the dwelling. Rabbit hutches and/or chicken coops adjacent to an alley may be placed within five feet of the alley line provided there are no openings in the wall adjacent to the alley. Property owners shall not allow such structures to become a nuisance due to noise or odor. (6) Maximum Building Height. (a) Principal building: 35 feet, except a greater height may be approved by special permit. (b) Accessory buildings: 15 feet. (72) Fences and hedges: See Chapter 25.180 PMC. (83) Parking and driveways: See Chapter 25.185 PMC. (94) Landscaping: See Chapter 25.180 PMC. (105) Residential Site and building design standards: See PMC 25.165.100175. [Ord. 4575 § 9, 2022; Ord. 4445 § 2, 2019; Ord. 4110 § 14, 2013; Ord. 4040 § 7, 2012; Ord. 4036 § 15, 2011; Ord. 3731 § 14, 2005; Ord. 3354 § 2, 1999; Code 1970 § 25.34.050.] Section 12. That Chapter 25.65 entitled “R-3 Medium Density Residential District” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: Chapter 25.65 R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT Sections: 25.65.010 Purpose. 25.65.020 Permitted uses. 25.65.030 Permitted accessory uses. 25.65.040 Conditional uses. 25.65.050 Development standards. 25.65.010 Purpose. Page 81 of 161 Ordinance – Amending PMC – 25 “Zoning” - 28 The R-3 district is established to provide a medium density residential environment compliant with the Comprehensive Plan land use density table in PMC 25.215.015. The R-3 district is intended to allow for a gradual increase in density between low- and high-density residential districts. [Ord. 4575 § 10, 2022; Code 1970 § 25.36.010.] 25.65.020 Permitted uses. The following uses shall be permitted in the R-3 district: All housing types permitted in Section 25.22.020 Zone District Standards are permitted in this zone. (1) Single-family dwellings. (2) Two-family dwellings. (3) Zero-lot-line dwellings. (4) Multiple dwellings. (5) Duplexes. (6) Triplexes. (7) Courtyard apartments. (8) New factory-assembled homes. (9) Nothing contained in this section shall be deemed to prohibit the uses of vacant property for gardening or fruit raising. [Ord. 4575 § 10, 2022; Ord. 3731 § 15, 2005; Ord. 3354 § 2, 1999; Code 1970 § 25.36.020.] 25.65.030 Permitted accessory uses. The following uses shall be permitted as accessory to a permitted use in the R-3 district: (1) Detached single-family residential garages, as defined in PMC 25.15.090, provided they do not exceed 15 feet in height and 1,000 square feet in area. On lots over 12,000 square feet in area detached residential garages in excess of 15 feet in height and/or increase in floor area of up to 200 square feet may be permitted by special permit based upon the review criteria listed in PMC 25.200.080 and 25.200.090. (2) Home occupations as defined by PMC 25.15.100. (3) Storage buildings cumulatively not exceeding 200 square feet of gross floor area and 15 feet in height; provided no container storage, as defined in PMC 25.15.210, shall be permitted. (4) The keeping of dogs and cats, provided such number of animals does not exceed three dogs and three cats. (5) Family day care homes in conformance with Chapter 388-73 WAC as now existing and as amended and Chapter 25.150 PMC. Page 82 of 161 Ordinance – Amending PMC – 25 “Zoning” - 29 (6) The renting of rooms for lodging purposes only, provided such accommodations shall not exceed two persons in a single-family dwelling. One off- street parking space per room must be provided in addition to the requirement set forth under PMC 25.185.170(5). (7) Family home preschool in conformance with Chapter 25.150 PMC. (8) Accessory dwelling units in conformance with Chapter 25.161 PMC. (9) On lots with a minimum of 5,000 square feet and containing only one single-family dwelling unit, the keeping of up to three rabbits or three chicken hens for personal use, provided the total number of animals (including dogs, cats, rabbits, and chicken hens) does not exceed six; in all cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed. [Ord. 4575 § 10, 2022; Ord. 4144 § 6, 2014; Ord. 4110 § 15, 2013; Ord. 4036 § 16, 2011; Ord. 3354 § 2, 1999; Code 1970 § 25.36.030.] 25.65.040 Conditional uses. In addition to the unclassified uses listed in Chapter 25.200 PMC, the following uses may be permitted by special permit as provided in Chapter 25.200 PMC: (1) Churches and similar places of worship. (2) Public libraries and municipal office buildings. (3) Public and private schools, public parks and playgrounds. (4) Fire department station houses. (5) Day-care centers and preschool centers. (6) Unclassified uses as listed in PMC 25.200.020. [Ord. 4575 § 10, 2022; Ord. 4110 § 15, 2013; Ord. 3354 § 2, 1999; Code 1970 § 25.36.040.] 25.65.050 Development standards. (1) The dimensional standards for this zone, including setbacks, density, maximum building height, and lot coverage, are set out in Chapter 25.22 Zone District Standards. Minimum lot area: 4,500 square feet (2) One single-family dwelling shall be permitted per lot. Multiple dwellings shall be permitted based on the density standards in subsection (3) of this section. (3) Density. All developments shall be compliant with the Comprehensive Plan land use density table in PMC 25.215.015. In addition, one dwelling unit per 4,500 square feet of lot area is required for single-family dwellings and 3,000 square feet Page 83 of 161 Ordinance – Amending PMC – 25 “Zoning” - 30 of lot area is required for multiple-family dwellings, duplexes, two-family dwellings, triplexes, courtyard apartments, and zero-lot-line dwellings, except as provided in Chapter 25.161 PMC. (4) Maximum Lot Coverage. (a) Single-family dwellings: 60 percent. (b) Single-family dwellings with an ADU, or multiple dwellings, duplexes, two- family dwellings, triplexes, courtyard apartments, and zero-lot-line dwellings: determined by parking and setback requirements. (5) Minimum Yard Setbacks. (a) Front: 20 feet. (b) Side: Five feet, except in zero-lot-line developments in which case no side yard setback is required from the common lot line(s), provided the remaining side yards are at least 10 feet each. (c) Rear: Principal building: Equal to the height of the dwelling. Accessory structures: Accessory structures adjacent to an alley may be placed on the alley line provided there are no openings in the wall adjacent to the alley. Garages with vehicle doors parallel to an alley shall be set back from the alley 20 feet. Where there is no alley, the setback shall be five feet. Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops, must be at least 10 feet from any property line, may not exceed six feet in height and 30 square feet in size, and must be located behind the rear line of the dwelling. Rabbit hutches and/or chicken coops adjacent to an alley may be placed within five feet of the alley line provided there are no openings in the wall adjacent to the alley. Property owners shall not allow such structures to become a nuisance due to noise or odor. (6) Maximum Building Height. (a) Principal building: 40 feet for single-family detached or attached dwellings and 45 feet for multiple dwellings, duplexes, two-family dwellings, triplexes, courtyard apartments, and zero-lot-line dwellings, except a greater height may be approved by special permit. (b) Accessory buildings: 15 feet. (72) Fences and hedges: See Chapter 25.180 PMC. (83) Parking: See Chapter 25.185 PMC. (94) Landscaping: See Chapter 25.180 PMC. (105) Residential Site and building design standards: See PMC 25.165.100.175 [Ord. 4575 § 10, 2022; Ord. 4456 § 1, 2019; Ord. 4445 § 3, 2019; Ord. 4110 § 15, 2013; Ord. 4040 § 8, 2012; Ord. 4036 § 17, 2011; Ord. 3731 § 16, 2005; Ord. 3354 § 2, 1999; Code 1970 § 25.36.050.] Page 84 of 161 Ordinance – Amending PMC – 25 “Zoning” - 31 Section 13. That Chapter 25.70 entitled “R-4 High Density Residential District” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: Chapter 25.70 R-4 HIGH DENSITY RESIDENTIAL DISTRICT Sections: 25.70.010 Purpose. 25.70.020 Permitted uses. 25.70.030 Permitted accessory uses. 25.70.040 Conditional uses. 25.70.050 Development standards. 25.70.010 Purpose. The R-4 district is established to provide a high-density residential environment compliant with the Comprehensive Plan land use density table in PMC 25.215.015. Lands within this district generally may contain multiple dwellings and multifamily structures. [Ord. 4575 § 11, 2022; Ord. 3354 § 2, 1999; Code 1970 § 25.38.010.] 25.70.020 Permitted uses. All housing types permitted in Section 25.22.020 Zone District Standards are permitted in this zone. The following uses shall be permitted within the R-4 district: (1) Single-family dwellings with an attached ADU. (2) Two-family dwellings. (3) Zero-lot-line dwellings (may include single-family dwellings without an ADU). (4) Multiple dwellings. (5) Duplexes. (6) Triplexes. (7) Courtyard apartments. (8) New factory-assembled homes. (9) Nothing contained in this section shall be deemed to prohibit the uses of vacant property for gardening or fruit raising. [Ord. 4575 § 11, 2022; Ord. 3731 § 17, 2005; Ord. 3354 § 2, 1999; Code 1970 § 25.38.020.] 25.70.030 Permitted accessory uses. The following uses shall be permitted as accessory to a permitted use in the R-4 district: (1) Detached single-family residential garages, as defined in PMC 25.15.090, provided they do not exceed 15 feet in height and 1,000 square feet in area. On lots over 12,000 square feet in area detached residential garages in excess of 15 feet in Page 85 of 161 Ordinance – Amending PMC – 25 “Zoning” - 32 height and/or increase in floor area of up to 200 square feet may be permitted by special permit based upon the review criteria listed in PMC 25.200.080 and 25.200.090. (2) Home occupations as defined by PMC 25.15.100. (3) Storage buildings cumulatively not exceeding 200 square feet of gross floor area and 15 feet in height; provided no container storage, as defined in PMC 25.15.210, shall be permitted. (4) The keeping of dogs and cats, provided such number of animals does not exceed three dogs and three cats. (5) Family day care homes in conformance with Chapter 388-73 WAC as now existing and as amended and Chapter 25.150 PMC. (6) The renting of rooms for lodging purposes only, provided such accommodations shall not exceed two persons in a single-family dwelling. One off- street parking space per room must be provided in addition to the requirements set forth under PMC 25.185.170(5). (7) Family home preschool in conformance with Chapter 25.150 PMC. (8) Accessory dwelling units in conformance with Chapter 25.161 PMC. (9) On lots with a minimum of 5,000 square feet and containing only one single-family dwelling unit, the keeping of up to three rabbits or three chicken hens for personal use, provided the total number of animals (including dogs, cats, rabbits, and chicken hens) does not exceed six; in all cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed. [Ord. 4575 § 11, 2022; Ord. 4144 § 7, 2014; Ord. 4110 § 16, 2013; Ord. 4036 § 18, 2011; Ord. 3354 § 2, 1999; Code 1970 § 25.38.030.] 25.70.040 Conditional uses. In addition to the unclassified uses listed in Chapter 25.200 PMC, the following uses may be permitted by special permit as provided in Chapter 25.200 PMC: (1) Churches and other places of worship. (2) Public libraries and municipal office buildings. (3) Public and private schools, public parks and playgrounds. (4) Fire department station houses. Page 86 of 161 Ordinance – Amending PMC – 25 “Zoning” - 33 (5) Day-care centers and preschool centers. (6) Unclassified uses as listed in PMC 25.200.020. [Ord. 4575 § 11, 2022; Ord. 4110 § 16, 2013; Ord. 3354 § 2, 1999; Code 1970 § 25.38.040.] 25.70.050 Development standards. (1) The dimensional standards for this zone, including setbacks, density, maximum building height, and lot coverage, are set out in Chapter 25.22 Zone District Standards. 1) Minimum lot area: 4,000 square feet (2) One single-family dwelling shall be permitted per lot. Multiple dwellings, duplexes, two-family dwellings, triplexes, courtyard apartments, and zero-lot-line dwellings shall be permitted based on the density standards in subsection (3) of this section. (3) Density. All developments shall be compliant with the Comprehensive Plan land use density table in PMC 25.215.015. In addition, one dwelling unit per 4,000 square feet of lot area is required for single-family dwellings and 1,500 square feet of lot area is required for multiple dwellings, duplexes, two-family dwellings, triplexes, courtyard apartments and zero-lot-line dwellings, except as provided in Chapter 25.161 PMC. (4) Lot Coverage. (a) Single-family attached: 60 percent. (b) Multiple dwellings, duplexes, two-family dwellings, triplexes, courtyard apartments, and zero-lot-line dwellings: determined by parking and setback requirements. (5) Minimum Yard Setbacks. (a) Front: 20 feet. (b) Side: Five feet, except in zero-lot-line developments in which case no side yard setback is required from the common lot line(s), provided the remaining side yards are at least 10 feet each. (c) Rear: Principal building: Equal to the height of the dwelling. Accessory structures: Accessory structures adjacent to an alley may be placed on the alley line provided there are no openings in the wall adjacent to the alley. Garages with vehicle doors adjacent to an alley shall be set back from the alley 20 feet. Where there is no alley, the setback shall be five feet. Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops, must be at least 10 feet from any property line, may not exceed six feet in height and 30 square feet in size, and must be located behind the rear line of the dwelling. Rabbit hutches and/or chicken coops adjacent to an alley may be placed within five feet of the alley line provided there are no openings in the wall adjacent to the alley. Property owners shall not allow such structures to become a nuisance due to noise or odor. (6) Maximum Building Height. (a) Principal building: 45 feet, except a greater height may be approved by special permit. Page 87 of 161 Ordinance – Amending PMC – 25 “Zoning” - 34 (b) Accessory buildings: 15 feet. (72) Fences and hedges: See Chapter 25.180 PMC. (83) Parking: See Chapter 25.185 PMC. (94) Landscaping: See Chapter 25.180 PMC. (105) Residential Site and building design standards: See PMC 25.165.100175 [Ord. 4575 § 11, 2022; Ord. 4456 § 2, 2019; Ord. 4445 § 4, 2019; Ord. 4110 § 16, 2013; Ord. 4040 § 9, 2012; Ord. 4036 § 19, 2011; Ord. 3731 § 18, 2005; Ord. 3354 § 2, 1999; Code 1970 § 25.38.050.] Section 14. That Chapter 25.165 entitled “Use Regulation” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows with Section 25.165.100 repealed: Chapter 25.165 USE REGULATIONS Sections: 25.165.010 Purpose. 25.165.020 Permitted land uses. 25.165.030 Accessory buildings. 25.165.040 Repealed. 25.165.050 Adult entertainment establishments. 25.165.060 Caretaker’s residence. 25.165.070 Communication towers. 25.165.080 Wireless communication facilities. 25.165.090 Compost boxes/piles. 25.165.100 Residential design standards. 25.165.110 Relocation of existing site-built dwellings. 25.165.120 Hazardous waste. 25.165.130 Natural resource uses. 25.165.140 Outdoor shops and sales. 25.165.150 Pawnshops and secondhand shops. 25.165.160 Consignment stores. 25.165.170 Thrift shops. 25.165.180 Tattoo parlor. 25.165.190 Temporary structures. 25.165.200 Vehicle-related uses. 25.165.205 Electric vehicle battery charging stations. 25.165.210 Wineries. 25.165.010 Purpose. The purpose of this chapter is to establish supplemental development standards which qualify or supplement, as the case may be, the district regulations contained Page 88 of 161 Ordinance – Amending PMC – 25 “Zoning” - 35 in this title. The supplemental development standards are intended to assure land use compatibility and promote the public health, safety and welfare of the community. [Ord. 3354 § 2, 1999; Code 1970 § 25.70.010.] 25.165.020 Permitted land uses. Table 70-1*, Permitted Land Uses, is incorporated as part of this section as a reference guide and is inserted at the end of this chapter. The land uses listed in Table 70-1 are designated as permitted by right (P), accessory (A) or requiring a conditional use permit (CUP). [Ord. 3354 § 2, 1999; Code 1970 § 25.70.020.] * Code Reviser’s Note: Table 70-1 is on file in the City Clerk’s office. 25.165.030 Accessory buildings. Accessory buildings shall not be permitted on a parcel prior to the existence of a principal use. The following standards shall apply to all accessory buildings in residential districts: (1) Roofing materials must be compatible and similar in relation to the primary structure; and (2) Exterior siding must be compatible and similar in relation to the primary structure. (3) In no case shall a detached garage have more square footage than the principal building and shall not be higher than the principal building. [Ord. 3688 § 5, 2004; Ord. 3354 § 2, 1999; Code 1970 § 25.70.030.] 25.165.040 Repealed by Ord. 4575. 25.165.050 25.165.050 Adult entertainment establishments. (1) An adult entertainment facility shall not be permitted to locate in any zoning district other than the general business district (C-3), the light industrial district (I- 1), the medium industrial district (I-2), and the heavy industrial district (I-3); (2) No adult entertainment facility shall operate, and the same is prohibited from operation, within 1,320 feet of the nearest property line of the following: (a) Any residential zoning area; (b) Any public or private primary or secondary school; (c) Any church, synagogue, temple, mosque or other place of worship; (d) Any library, public playground or park; Page 89 of 161 Ordinance – Amending PMC – 25 “Zoning” - 36 (e) Any public or private preschool or nursery school; (f) Any commercial day care facility. (3) No adult entertainment facility shall operate within 750 feet of the nearest property line of any other adult entertainment facility. [Ord. 3354 § 2, 1999; Code 1970 § 25.70.050.] 25.165.060 Caretaker’s residence. In the commercial and industrial districts, a caretaker’s residence may be permitted by special permit as an accessory use, provided the following circumstances are demonstrated by the applicant: (1) The caretaker’s residence is solely intended to provide security for the established principal permitted use of the property; (2) The caretaker’s residence is within a commercial or industrial area with less than 40 percent of parcels within the surrounding vicinity, defined as a 300-foot radius from the site, being developed. The term “developed” shall mean a parcel containing at least one permitted structure or land use with a current City of Pasco business license; (3) The residential structure, limited to motor homes, travel trailers or truck campers, will be located on a parcel at least two times the size of the caretaker’s residence; and (4) A special permit granted for a caretaker’s residence may be reviewed annually upon written request of owners of property within 300 feet of such residence or upon written request of the City Building Official. (5) The special permit shall be reviewed administratively and biennially to determine if the surrounding vicinity within a 300-foot radius is at least 40 percent developed. If the area is at least 40 percent developed, the caretaker’s residence shall be removed from the site within one year of the review date. [Ord. 4496 § 5, 2020; Ord. 4110 § 26, 2013; Ord. 3354 § 2, 1999; Code 1970 § 25.70.060.] 25.165.070 Communication towers. (1) Communication towers as defined in PMC 25.15.050 are permitted in all residential districts for noncommercial purposes, provided: (a) Such structures and appurtenances shall not be located in the required front yard or in front of the front line of the dwelling or principal building; Page 90 of 161 Ordinance – Amending PMC – 25 “Zoning” - 37 (b) Such structures shall not exceed a height of 10 feet within a required side or rear yard; (c) Such structures shall not exceed a height of 80 feet within the rear yard setback area; and (d) Not more than one such structure per lot or parcel shall exceed a height of 30 feet. [Ord. 3734 § 1, 2005; Code 1970 § 25.70.070.] 25.165.080 Wireless communication facilities. Wireless communication facilities are permitted under the following conditions: (1) Such structures shall be permitted in all industrial or C-3 zoning districts, provided the location is 500 feet or more from a residential district. Any location closer than 500 feet requires special permit approval. (2) Such structures may be permitted by special permit in all other zoning districts, provided said structures are: (a) Attached to or located on an existing or proposed building or structure that is higher than 35 feet; or (b) Located on or with a publicly owned facility such as a water reservoir, fire station, police station, school, county or port facility. (3) All wireless communication facilities shall comply with the following standards: (a) Wireless facilities shall be screened or camouflaged by employing the best available technology. This may be accomplished by use of compatible materials, strategic location, color, stealth technologies, and/or other measures to achieve minimum visibility of the facility when viewed from public rights-of-way and adjoining properties, such that a casual observer cannot identify the wireless communication facility. (b) Wireless facilities shall be located in the City in the following order of preference: (i) Attached to or located on buildings or structures higher than 35 feet; (ii) Located on or with a publicly owned facility; Page 91 of 161 Ordinance – Amending PMC – 25 “Zoning” - 38 (iii) Located on a site other than those listed in subsections (3)(a) or (3)(b) of this section. (c) If an applicant chooses to construct a new freestanding wireless communication facility, the burden of proof shall be on the applicant to show that a wireless communication facility located on a higher order of preference site cannot reasonably be accommodated. The City reserves the right to retain a qualified consultant, at the applicant’s expense, to review the supporting documentation for accuracy. (4) All applications for building permits must be accompanied by verification of approval by the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA) and any other state or federal requirements for tower design and location. Additionally, all tower construction plans must be designed and stamped by a licensed professional engineer. (5) All wireless communication facilities shall be removed by the facility owner within six months of the date the facility ceases to be operational or if the facility falls into disrepair. [Ord. 3734 § 2, 2005; Code 1970 § 25.70.075.] 25.165.090 Compost boxes/piles. Compost boxes or piles are permitted in rear yards only as accessory uses in any residential zoning district, provided they are maintained in such a manner so as not to be a nuisance and are located at least five feet from any adjoining property. [Ord. 3354 § 2, 1999; Code 1970 § 25.70.080.] 25.165.100 Residential design standards. (1) Design Standards. Except for multifamily structures, the following design standards shall apply to all newly constructed or newly placed dwellings in the RT, R-S-20, R-S-12, R-S-1, R-1, R-2, R-3 and R-4 districts: (a) The main entry doors of all dwellings must face the street on which the dwelling is addressed; (b) A minimum of 30 square feet of glazing must be on the portion of the dwelling facing the street. Dwellings with less than 32 square feet of glazing must contain covered porches with a minimum of a four-foot overhang; (c) All entry porches/landing areas must be constructed as an integral part of the dwelling architecture; (d) The main roof of all dwellings shall have a minimum 5/12 pitch; except dwellings with less than a 5/12 pitch legally established as of the effective date of the ordinance codified in this chapter shall be permitted to be rebuilt, altered, enlarged or remodeled without the roof being changed to a 5/12 pitch; and except for flat-pitched roofs (roofs with a pitch of 1/12 or less) and/or shed-style roofs with varying pitches as part of an architecturally integrated design. (e) Eave overhangs are required and shall be a minimum of 12 inches; Page 92 of 161 Ordinance – Amending PMC – 25 “Zoning” - 39 (f) Dwellings with 4/12 pitch roofs may be permitted, provided the main roof includes one or more secondary roofs intersecting the main roof at right angles. The secondary roof must have a pitch of 5/12 or greater; (g) No false or artificial dormers are permitted, except fenestrated false or artificial dormers on roofs with at least a 5/12 pitch; (h) All foundation walls must be poured concrete or masonry block; (i) All dwellings must be permanently connected to foundations, and must meet seismic and wind loading standards for Franklin County, Washington; (j) No more than 12 inches of foundation wall can be exposed on the walls facing a street; (k) All siding must be durable materials, such as brick, masonry, stucco, vinyl, exterior-grade wood, or exterior-grade composites, each with a lifespan of at least 20 years under normal conditions; (l) All siding must extend below the top of the foundation one and one-half to two inches. A bottom trim board does not qualify as siding and cannot be used to cover the top of the foundation; (m) All trim materials around windows, doors, corners, and other areas of the dwelling must be cedar or other City-approved materials that are not subject to deterioration; (n) All electric meters must be securely attached to an exterior side wall of the dwelling. Meters are not permitted to face the street upon which the dwelling is addressed; (o) All additions and/or other architectural features must be designed and permanently connected to the dwelling so as to be an integral part of the dwelling; (p) Primary driveways shall terminate into an architecturally integrated garage or carport. No parking pad is permitted in front of a dwelling unless such pad leads to a garage or carport; (q) At least one required off-street parking space must be located behind the front building setback line of the dwelling. (2) Exceptions. Exceptions to the design standards may be granted through the special permit process based upon review of the criteria listed in PMC 25.200.080. [Ord. 4358 § 1, 2017; Ord. 4110 § 26, 2013; Ord. 3731 § 23, 2005; Code 1970 § 25.70.085.] 25.165.110 Relocation of existing site-built dwellings. Existing site-built dwellings may be relocated to a new location without meeting the provisions of PMC 25.165.100, provided the following conditions are met: (1) The dwelling must be relocated to a lot on which the dwelling meets all other requirements of the zoning district; and (2) The value of the dwelling being relocated must not be less than 100 percent of the average assessed value, as determined by the records of the County Assessor, of improvements on surrounding lots in the same and adjacent blocks. [Ord. 3731 § 24, 2005; Code 1970 § 25.70.095.] Page 93 of 161 Ordinance – Amending PMC – 25 “Zoning” - 40 25.165.120 Hazardous waste. (1) No person, firm, or corporation shall use any parcel(s), lot(s), or tract(s) of land for disposal of “dangerous” or “extremely hazardous” waste (chemical) as defined by Chapter 173-303 WAC; or (2) For any operation involving radioactive material greater than one curie in a sealed form, or any radioactive material in a nonsealed form, but excluding any place of medical practice, except upon a permit granted by the Hearing Examiner applied for in the manner prescribed by Chapter 25.200 PMC, the Hearing Examiner shall, in addition to the requirements of Chapter 25.200 PMC, also consider the location of the proposed use, the zoning regulations, the threat to the public health, safety or welfare, the effect on surrounding property values and development, reclamation of property, and the suitability of the property for the use proposed; and (3) Uses or activities that process or dispose of medical wastes as defined by Chapter 173-303 WAC are required to obtain a special permit following the procedures of Chapter 25.200 PMC. [Ord. 4496 § 6, 2020; Ord. 3354 § 2, 1999; Code 1970 § 25.70.100.] 25.165.130 Natural resource uses. (1) Mineral Extraction. Mineral extraction, quarrying, rock crushing or related activities such as a premix plant may be permitted in any zone, on approval of a special permit and as provided in this title; the excavation and sale of sand and gravel, clay, shale, or other natural mineral deposits (except topsoil) for the quarrying of any kind of rock formation shall be subject to the following conditions: (a) In case of an open excavation or quarry, there shall be a substantial fence with suitable gates completely enclosing the portion of the property in which the excavation is located and such fence shall be located at all points 40 feet or more from the edge of the excavation or quarry. (b) Whenever production in any area used as a gravel pit, sand pit, clay pit, or quarry shall have been completed, then all plants, buildings, structures and equipment shall be entirely removed from such property and stockpiles shall be removed or back-filled into the pit within one year after such completion. When production shall have been completed, then the owner shall take such measures to rehabilitate the area as deemed reasonable by the City Engineer and/or as required in the special permit. A reclamation bond or surety may be required. Page 94 of 161 Ordinance – Amending PMC – 25 “Zoning” - 41 (c) Concrete and asphalt batch plants may be located in the I-2 (medium industrial) zone by special permit and are permitted uses in the I-3 (heavy industrial) zone. (2) Agricultural Uses. (a) All existing agricultural uses (limited to existing acreage) occurring within any zoning district of the City of Pasco, where not expressly permitted by this code, shall be deemed a lawfully established nonconforming agricultural use. (b) The production of alfalfa or pasture grasses on acreage of any size shall be considered permitted uses within all zoning districts. (3) Stripping of Topsoil. No person, firm or corporation shall strip, excavate or otherwise remove topsoil for sale or for use other than on the premises from which the same shall be taken, except in connection with the construction or alteration of a business on such premises, in which an excavation could be incidental thereto. [Ord. 4110 § 26, 2013; Ord. 3354 § 2, 1999; Code 1970 § 25.70.110.] 25.165.140 Outdoor shops and sales. Where the business of selling merchandise is permitted under this title, such business shall be within an enclosed structure meeting the requirements for the particular type of occupancy. An enclosed structure shall mean a building or similar established structure, but shall not mean a vehicle or other device capable of readily being removed from the premises. The requirements of this section shall not apply to businesses selling merchandise in the following situations: (1) Where there is specific authorization by this code that clearly permits the conducting of the business outside an enclosed structure, but only to the extent clearly permitted; (2) Where there is specific authorization by this code that permits a business to be conducted and such business by its very nature must be conducted outside an enclosed structure, but only to the extent that it must be so conducted; (3) Where the merchandise is of such size as to render it impractical to contain the merchandise within a building or is of a character that does not readily deteriorate when exposed to the elements; (4) Where the merchandise is plants, shrubbery, or trees growing or cut; (5) When the merchandise being sold is on the same premises, or adjoining premises, or on a premises within 200 feet of the premises from which a business is conducted from within an enclosed building, and the operator of the business Page 95 of 161 Ordinance – Amending PMC – 25 “Zoning” - 42 conducted within an enclosed building has control of and is responsible for the use of the premises; (6) Where the merchandise is fruits, vegetables, berries, butter, eggs, fish, milk, poultry, meats, or any farm products or edibles raised, caught, produced, or manufactured in any place in this state by the person selling the merchandise; and (7) Where the merchandise is food or liquid refreshment being sold for immediate consumption. [Ord. 3354 § 2, 1999; Code 1970 § 25.70.120.] 25.165.150 Pawnshops and secondhand shops. Pawnshops and secondhand dealers as defined in PMC 25.15.180 and 25.15.210, exclusive of consignment stores and thrift shops as defined in PMC 25.15.050 and 25.15.220, are prohibited from operating in the C-2 (central business district), C-1 (retail business district), BP (business park district), O (office district), C-R (regional commercial) and any residential zoning district. Pawnshops and secondhand dealers are permitted to operate in the C-3 (general business district) zone and I-1 (light industrial district) zone; provided, however, that no new pawnshops and secondhand dealers licenses shall be issued to an establishment located closer than 1,000 feet from an existing pawnshop, consignment store, thrift store or secondhand dealer. All business activities of pawnshops and secondhand dealers located in the C-3 (general business district) zone shall be conducted entirely within an enclosed structure. [Ord. 4066 § 4, 2012; Ord. 3354 § 2, 1999; Code 1970 § 25.70.130.] 25.165.160 Consignment stores. (1) Consignment stores, as the term is defined in PMC 25.15.050, may operate in the C-1 (retail business district) and C-2 (central business district) zones; however, no new consignment store may locate closer than 1,000 feet from an existing consignment store, thrift store, or pawnshop; and (2) Consignment stores may operate in the C-3 (general business district) and in the I-1 (light industrial district) zones; however no new consignment store may locate closer than 1,000 feet from an existing consignment store, thrift store, or pawn shop; and (3) All business activities of consignment stores located in the C-1 (retail business district), C-2 (central business district), and C-3 (general business district) zones shall be conducted entirely within an enclosed structure. [Ord. 4066 § 5, 2012; Code 1970 § 25.70.131.] Page 96 of 161 Ordinance – Amending PMC – 25 “Zoning” - 43 25.165.170 Thrift shops. (1) Thrift shops, as the term is defined in PMC 25.15.220, may operate in the C-1 (retail business district) and C-2 (central business district) zones upon issuance of a special permit, as per the requirements found in Chapter 25.200 PMC; however, no new thrift shop may locate closer than 1,000 feet from an existing consignment store, thrift store, or pawn shop; and (2) Thrift shops may operate in the C-3 (general business district) and in the I- 1 (light industrial district) zones; however, no new consignment store may locate closer than 1,000 feet from an existing consignment store, thrift store, or pawn shop; and (3) All business activities of thrift shops in the C-1 (retail business district), C- 2 (central business district), and C-3 (general business district) zones shall be conducted entirely within an enclosed structure. [Ord. 4066 § 6, 2012; Code 1970 § 25.70.132.] 25.165.180 Tattoo parlor. Tattoo parlors, as defined in PMC 25.15.220 are prohibited from operating in the C-2 (central business district), the C-1 (retail business district), the BP (business park district) zone, the O (office district) zone, the C-R (regional commercial) zone, and any residential zone. [Ord. 3354 § 2, 1999; Code 1970 § 25.70.140.] 25.165.190 Temporary structures. Temporary structures, which may include a motor home, travel trailer or truck camper, may be permitted administratively by the Community and Economic Development Director in all commercial and industrial districts when it can be found: (1) The structure is needed to provide temporary housing for an existing licensed business that is being remodeled to such an extent that the existing business structure would be unsafe or unhealthy to occupy. (2) The structure is needed to provide temporary housing for an existing licensed business that is be reconstructed after damage by fire or other causes. (3) The structure is needed to provide security for a site during construction or remodeling. Temporary structures permitted under this section shall not be required to comply with the special permit process as identified in PMC 25.200.040. Temporary structures permitted under this section must, however, be located on the same property as the structure that was damaged is being remodeled, repaired or Page 97 of 161 Ordinance – Amending PMC – 25 “Zoning” - 44 constructed. A temporary structure permitted under this section must also be located so as not to create a nuisance or hazard for adjoining properties and the community in general. In granting approval of a temporary structure under the provisions of this section, the Community and Economic Development Director may impose conditions necessary to minimize adverse impacts. Temporary structures permitted under this section must be promptly removed within 30 days of the issuance of a certificate of occupancy for the remodel, repair work or construction and shall not remain on-site for more than 180 days. A renewal period extending this time frame may be approved by the Community and Economic Development Director. [Ord. 4110 § 26, 2013; Ord. 3465 § 1, 2001; Code 1970 § 25.70.145.] 25.165.200 Vehicle-related uses. (1) Any building to be used as an auto body shop, as defined in PMC 25.15.030, shall have a spray paint room or spray paint booth which complies with the requirements of the International Fire Code and/or International Building Code; (2) Inoperable vehicles, as defined in PMC 25.15.240, are permitted within the R-T, R-S-20, R-S-12, R-S-1, R-1, R-2, R-3, R-4, and RFA-1/1-A districts and on all nonconforming residential uses in other districts subject to the following conditions: (a) Only one inoperable vehicle may be stored outside of a fully enclosed building on the property, as an accessory use to a dwelling unit. (b) The inoperable vehicle stored outside shall not be stored upon a public right-of-way or in the front or side yard areas of the property, and shall not conflict with other residential requirements, such as off-street parking and lot coverage. (c) The trunk of the outside inoperable vehicle shall be removed or locked at all times it is unattended, and the unattended vehicle shall be completely enclosed within a six-foot fence, which is fully sight obscuring. (d) All vehicle parts not properly installed upon a vehicle shall be stored inside a fully enclosed building, except that parts may be stored within the outside inoperable vehicle. (3) In the C-3 and I-1 zoning districts, inoperable vehicles, as defined in PMC 25.15.240, and vehicle parts, tires and accessories that are not readily movable and for immediate sale shall be stored or parked behind screening as provided by PMC Page 98 of 161 Ordinance – Amending PMC – 25 “Zoning” - 45 25.180.040(1)(d). [Ord. 4121 § 3, 2013; Ord. 3354 § 2, 1999; Code 1970 § 25.70.150.] 25.165.205 Electric vehicle battery charging stations. (1) Purpose. To establish “electric vehicle infrastructure” (EVI) regulations for the City to allow EVI and to meet the intent of RCW 35A.63.107 requiring the city to allow EVI in all zones except for residential zones or for resource use. (2) Definitions. “Battery charging station” means an electrical component assembly or cluster or component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards, codes, and regulations set forth by Chapter 19.28 RCW or as it may be amended and consistent with rules adopted under RCW 19.27.540 or as it may be amended. “Battery electric vehicle (BEV)” means a type of electric vehicle (EV) that uses chemical energy stored in rechargeable battery packs. As with other electric vehicles, BEVs use electric motors and motor controllers instead of internal combustion engines (ICEs) for propulsion. Sometimes, all-electric vehicles are referred to as BEVs (although a plug-in hybrid vehicle is also a battery electric vehicle). “Battery exchange station” means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by Chapter 19.27 RCW or as it may be amended and consistent with rules adopted under RCW 19.27.540 or as it may be amended. “Charging levels” means the electrical force, or voltage, at which an electric vehicle’s battery is recharged. Levels 1, 2, and 3 are the most common EV charging levels, and include the following specifications: (a) Level 1 is considered slow charging. It requires a 15- or 20-amp breaker on a 120-volt AC circuit and standard outlet. This level of charging can fully recharge a BEV between eight and 32 hours and a plug-in hybrid vehicle (PHEV) between three and 15 hours. (b) Level 2 is considered medium charging. It requires a 40-amp to 100- amp breaker on a 240-volt AC circuit. This level of charging can fully recharge a BEV between four and six hours and a PHEV between one and two hours. Page 99 of 161 Ordinance – Amending PMC – 25 “Zoning” - 46 (c) Level 3 is considered fast charging. It requires a 60-amp or higher dedicated breaker on a 480-volt or higher three-phase circuit with special grounding equipment. Level 3 charging uses an off-board charger to provide the AC to DC conversion, delivering DC directly to the car battery. Charging time ranges from 25 to 40 minutes for BEVs and less than 20 minutes for PHEVs. “Electric motorcycle,” also referred to as an e-motorcycle, means a two- or three- wheeled vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on board for motive purpose. “Electric vehicle” means any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on board for motive purpose. “Electric vehicle” includes: (a) Battery electric vehicle (BEV); (b) Plug-in hybrid electric vehicle (PHEV); (c) Neighborhood electric vehicle (NEV); (d) Medium-speed electric vehicle; and (e) Electric motorcycles. “Electric vehicle charging station” means a public or private parking space located together with a battery charging station which permits the transfer of electric energy (by conductive or inductive means) to a battery or other storage device in an electric vehicle. An electric vehicle charging station is permitted as an accessory use to any principal use. However, only a private battery charging station is permitted in a residential neighborhood. “Electric vehicle infrastructure” where permitted means structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations. “Electric vehicle parking space” means any marked parking space that identifies the use to be exclusively for an electric vehicle. “Medium-speed electric vehicle” means a self-propelled, electrically powered four- wheeled motor vehicle, equipped with a roll cage or crush-proof body design, whose speed attainable in one mile is more than 25 miles per hour but not more than 35 miles per hour and otherwise meets or exceeds the federal regulations set forth in 49 C.F.R. 571.500. Page 100 of 161 Ordinance – Amending PMC – 25 “Zoning” - 47 “Neighborhood electric vehicle (NEV)” means an electric vehicle that is capable of traveling at a maximum speed of 25 miles per hour. “Plug-in hybrid vehicle (PHEV)” means a hybrid with high-capacity battery that can be charged by plugging it into an electrical outlet or charging station. Such vehicles can store enough electricity to significantly reduce their petroleum use under typical driving conditions. “Rapid charging station” means an industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels, which meets or exceeds any standards, codes, and regulations set forth by Chapter 19.28 RCW or as it may be amended and consistent with rules adopted under RCW 19.27.540 or as it may be amended. (3) Design Criteria. (a) Number Required. The number of required EV charging stations is pursuant to the Washington State Building Code, WAC 51-50 or as amended. This is an optional improvement. No minimum number of stalls applies; provided, if electric vehicle stalls are reserved for electric vehicles, care should be taken to ensure enough spots are available for all of a site’s parking needs. (b) Generally. Location and layout of electric vehicle parking is expected to vary based on the design and use of the primary parking lot. It is expected flexibility will be required to provide the most convenient and functional service to users. Standards and criteria should be considered guidelines and flexibility should be allowed when alternatives can better achieve objectives for provision of this service. (c) Signage to Identify. Each charging station space should be posted with signage indicating the space is only for electric vehicle charging purposes. Days and hours of operation should be included if time limits or tow away provisions are to be enforced by the owner. (d) Directional Signage. Installation of directional signs at the parking lot entrance and at appropriate decision points to effectively guide motorists to the charging station space(s). (e) Maintenance. Charging station equipment should be maintained in all respects, including the functioning of the charging equipment. (f) Accessibility. Where charging station equipment is provided within an adjacent pedestrian circulation area, such as a sidewalk or accessible route to the building entrance, charging equipment should be located so as Page 101 of 161 Ordinance – Amending PMC – 25 “Zoning” - 48 to not interfere with accessibility requirements of WAC 51-50-005 or as it may be amended. (g) Lighting. Where charging station equipment is installed, adequate site lighting should also be provided unless charging is for daytime purposes only. (h) Notification of Station Specifics. Information on the charging station must identify voltage and amperage levels and time of use, fees, and/or safety information. (4) Construction of Chapter. None of the standards herein shall have the effect of precluding the siting of electric vehicle infrastructure in areas where that use is allowed. [Ord. 4526 § 3, 2021.] 25.165.210 Wineries. The following standards must be met or exceeded: (1) Outdoor Storage. Outdoor storage of any kind, except wine storage, is prohibited unless such storage is completely screened from public view by an opaque screening device. Screening visible from public rights-of-way and less intense zoning districts shall be constructed of brick, decorative concrete, natural stone, decorative masonry or cedar fencing material. Screening shall be constructed and maintained at a sufficient height to visually screen all stored materials; (2) Utility Areas. All areas of the property used for loading and unloading purposes, trash receptacles, transformers and utility purposes shall be visually screened as provided in subsection (1) of this section; (3) Landscape and Buffering. In addition to the landscape provisions of Chapter 25.180 PMC, the Hearing Examiner may require additional landscape features to ensure that the proposed winery will be in harmony with and not impair the value of present and future development of adjacent lands. The spacing of shade trees in all buffer areas shall not be greater than 30 linear feet. Buffer area trees shall be a caliper size of one and one-half inches at the planting; (4) Exterior Lighting. Exterior lighting shall be directed on site so as not to interfere with the comfort and repose of adjoining property owners; and (5) Building Design. The exterior of all structures shall be constructed of brick, natural stone, exposed aggregate, decorative concrete, stucco, cedar siding or lap siding as approved by the Hearing Examiner. Roofing materials may consist of composition shingles, standing rib or delta rib, baked enamel metal roofs, or alternate as approved by the Hearing Examiner. [Ord. 4433 § 6, 2019; Ord. 3354 § 2, 1999; Code 1970 § 25.70.160.] Page 102 of 161 Ordinance – Amending PMC – 25 “Zoning” - 49 Section 15. That Section 25.170.030 Development on existing lots of record, as part of Chapter 25.170 titled “Nonconforming Uses” of the Pasco Municipal Code, shall be and hereby is amended and shall read as follows: 25.170.030 Development on existing lots of record. In any district, any permitted use or structure may be erected on an existing lot of record as recorded in the Franklin County Auditor’s Office. Said lots shall be deemed to meet the lot size requirements of this title, provided all adjacent or abutting lots are held under separate ownership on the effective date of this title.A lot legally created that does not conform to the current minimum area, minimum frontage, or minimum width requirements established under the zone in which the lot is located is considered a nonconforming lot. A structure containing a conforming use may be built on any nonconforming lot; provided, that the applicable dimensional standards including setbacks, lot coverage and building height as required in this title are met. Section 16. That Chapter 25.175 entitled “Site design standards” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: Chapter 25.175 SITE AND BUILDING DESIGN STANDARDS Sections: 25.175.010 Purpose. 25.175.020 Yards. 25.175.030 Building height exceptions. 25.175.035 Corner residential lots. 25.175.040 Business entrances on residential streets. 25.175.050 Garage entrances. 25.175.060 Site drainage. 25.175.065 Site and building entrances for residential buildings. 25.175.070 Frontage Design 21.175.080 Site and Building entrances for residential buildings 25.175.090 Open space and landscaping. 25.175.100 Utilities and service areas. 25.175.110 Residential building height, bulk and scale. 25.175.120 Exceptions 25.175.010 Purpose. The purpose of this chapter is to establish certain basic development requirements in order to realize the community’s goals and objectives. These are minimum standards which must be met to assure land use compatibility and promote public Page 103 of 161 Ordinance – Amending PMC – 25 “Zoning” - 50 health, safety and welfare. Further, it is the purpose of this chapter to achieve particular objectives, including, but not limited to, the following: (1) Ensure attractive, functional residential development to meet the city’s housing needs. (2) Provide prominent, welcoming and clearly defined entrances to the site and to buildings to allow developments to be easily visible and accessible from the street, and provide wayfinding features. (3) Enforce the physical and visual connection between the buildings, streets, and open space in order to create a safe, lively and pedestrian-friendly environment. (4) Enhance the streetscape environment to foster a safe streetscape for all users regardless of abilities, including people driving, walking, biking, or taking transit. (5) Provide open space that is safe and usable for the residents, landscaped in a way that enhances visual and environmental quality of the neighborhood (6) Ensure personal safety and security and establish lighting that is compatible with the development, and reduce adverse impact of lighting to the surrounding areas. (7) Minimize visual and other impacts of waste and service handling facilities; ensure that utilities such as carports, storages, mailboxes, trash receptacles, electric and mechanical equipment don’t create any physical and visual hazard for the residents. (8) Allow for flexibility of development while maintaining compatibility within the City’s various neighborhoods.[Ord. 3354 § 2, 1999; Code 1970 § 25.74.010.] 25.175.020 YardsSetbacks. (1) Variable Yard Requirements. The City Council, on recommendation of the Planning Commission, and after a public hearing held by the Planning Commission, may establish a building line along certain streets throughout certain zones or throughout certain natural areas, other than the setback requirements as established herein, when it is found that to do so will protect public health, welfare and safety; (2) Where any setback is required, no building shall be hereafter erected, altered, or placed in the setback, except: Front Yard. Where any front yard is required, no building, structure, satellite dish, stationary play equipment or clotheslines shall be hereafter erected, altered, or placed so that any portion thereof shall be nearer to the front property line than the distance indicated by the depth of the required front yard, except: Page 104 of 161 Ordinance – Amending PMC – 25 “Zoning” - 51 (a) Eaves, cornices, belt courses, and similar ornamentation may project over a front into the setbackyard not more than two feet; (b) Steps, platforms, and open porches may extend into the rear yard setback, but not more than four feet; (3) (b) An open or enclosed porch shall be considered part of a building in the determination of the front yard setback and lot coverage; (4) (ca) Where two contiguous corner lots, or two lots separated only by an alley, form the entire frontage between two parallel streets and there is erected a solid six-foot fence, permitted accessory buildings may be located not closer than five feet from the property line along the street on which there is a solid six-foot fence. This reduced setback shall not apply to garages or accessory buildings higher than 10 feet. (db) Where two contiguous corner lots form the entire frontage between two parallel streets, the front yard along the common flanking street shall be reduced to 15 feet. This reduction shall not apply to garages that are accessed from the flanking street. (ec) Within the R-S-20, R-S-12, R-S-1, R-1, R-2, R-3, R-4 and R-1-A/A2 districts, where the front yard of a lawfully existing structure is less than that required for the district in which the structure is located, alteration or enlargement of said structure may be permitted, but shall not further reduce the existing front yard dimension or be located closer than 15 feet from the front property line, whichever is the most restrictive; (fd) Within the R-S-20, R-S-12, R-S-1, R-1, R-2, R-3 and R-1-A/A2 districts, where the front yards provided for lawfully existing structures upon the majority of lots within the same block front and on the same side of the street are of less depth than required by the applicable district regulation, the minimum front yard requirement for the remaining unoccupied lots within the same block front and on the same side of the street shall be reduced to a depth not less than the average front yard dimension provided by said existing structures, but in no case shall the front yard depth be less than 15 feet. (ge) Handicapped access ramps may encroach within the front yard setback of all residential zoning districts, provided such ramps are built to the Washington State Building Code standards. The ramps must also be constructed and finished to complement the dwelling with respect to finishes and construction materials and must be built in a workmanlike manner. Page 105 of 161 Ordinance – Amending PMC – 25 “Zoning” - 52 (3) Side Yard. Where any specified side yard is required, no building shall be hereafter erected or altered so that any portion thereof shall be nearer to the side lot line than the distance indicated by the width of the required side yard. (a) Exceptions. Eaves, cornices, belt courses, similar ornamentation and fireplaces may project over a side yard, but not more than two feet. (4) Rear Yard. Where any rear yard is required, no building shall hereafter be erected or altered so that any portion thereof may be nearer to the rear lot line than the distance indicated by the required rear yard, except: (a) Eaves, cornices, steps, platforms, and open porches may extend into the rear yard, but not more than four feet; (b) An open or enclosed porch shall be considered part of a building in the determination of the rear yard setback and lot coverage. (5) Commercial Yard Exception Requirements. Where a lot in a commercial district abuts or adjoins a front, side or rear yard in a residential district, any building on the commercial lot shall conform to and meet the front, side or rear yard setbacks in the adjoining residentially zoned lot; (6) Residential Yards in Commercial Districts. Nonconforming residential uses in commercial or industrial districts must maintain residential setbacks as provided in PMC 25.45.050; and (7) Vision Triangle. No building, wall, fence or other structure higher than 36 inches above curb grade shall be placed in a C-3 or I-1 district within any vision triangle, the equal legs of which are formed by lines measured 20 feet along the property line from the intersection of two streets, or 15 feet from the intersection of a street and alley. [Ord. 3603 § 1, 2003; Ord. 3354 § 2, 1999; Code 1970 § 25.74.030.] 25.175.030 Building height exceptions. (1) Exceptions to Height Regulations. Chimneys, water tanks, penthouses, towers, scenery lofts, elevators, bulkheads, stacks, ornamental casting towers, monuments, steeples, cupolas, domes, false mansards, and similar structures and necessary mechanical appurtenances may be erected to any height not exceeding the cross-sectional area of 20 percent of the ground floor. (2) The above exceptions shall not apply to structures within the designated airport zones. [Ord. 4110 § 27, 2013; Ord. 3354 § 2, 1999; Code 1970 § 25.74.040.] 25.175.035 Corner residential lots. (1) All housing units with multiple frontages shall have design features on all street sides in accordance with PMC 25.175.070 Frontage Design. Page 106 of 161 Ordinance – Amending PMC – 25 “Zoning” - 53 (2) Multi-family buildings at corner locations shall treat the corner with landscaping features, plazas, or other design features. Such features may be counted as part of the required open space by the development. (3) Vehicular access shall be in accordance with the standards under 25.175.075, Site and building entrances for residential buildings. 25.175.040 Business entrances on residential streets. Where a residential district is bounded by a portion of a business district, any side street extending through such residential district into such business district shall not be used for any business purpose. A business structure erected in a business district shall face and open upon the street set aside for business purposes. [Ord. 3354 § 2, 1999; Code 1970 § 25.74.050.] 25.175.050 Garage entrances. No public garage for more than five motor vehicles shall have an entrance or exit for motor vehicles within 50 feet of a residential district. [Ord. 3354 § 2, 1999; Code 1970 § 25.74.060.] 25.175.060 Site drainage. All storm drainage shall be retained on site and controlled by way of drainage swales, dry wells, French drains or other means as approved by the City Engineerand meet all standards of the most current adopted Stormwater Management Manual for Eastern Washington. [Ord. 3354 § 2, 1999; Code 1970 § 25.74.070.] 25.175.070 Frontage Design. (1) All sides of a residential building fronting a public or private street or a public park, must not be a blank wall and must be treated with a combination of the following at a minimum of every 15 feet: (a) transparent windows and/or doors. (b) articulating and or modulation of the façade. (2) Residential buildings shall be oriented to public streets. (3) A minimum of 30 square feet of glazing must be on the portion of the dwelling facing the street. Dwellings with less than 32 square feet of glazing must contain covered porches with a minimum of a four-foot overhang. 25.175.080 Site and building entrances for residential buildings. (1) Building entrances must be prominent and clearly visible from the street. Page 107 of 161 Ordinance – Amending PMC – 25 “Zoning” - 54 (2) Vehicular and pedestrian accesses to the building entrance(s) shall be provided from the public street. Pedestrian access to the site from the fronting street shall be emphasized with landscaping, special paving, signage or similar features. (3) The main entrance to multifamily buildings shall be emphasized through landscaped entry approaches consistent with the building design and theme, by the use of modulation to emphasize indentation or protrusion of that portion of the building containing the entrance, or by the inclusion of porte-cochere or other covered entry methods. (4) Long linear and hidden staircases and corridors must be avoided. (5) The main entry door(s) of all single-family dwellings must face the street on which the dwelling is addressed. (6) All entry porches/landing areas must be constructed as an integral part of the dwelling architecture. 25.175.090 Open space and landscaping. (1) Multifamily developments with four to nine units shall provide usable recreation and/or open space on site at least equal to 100 square feet per unit. (2) Multifamily developments with ten units or more shall provide usable recreation and open space on-site subject to the following: (a) The open space shall include a mix of active and passive recreation opportunities, such as playgrounds, courtyards, gazebos, walkways, benches, etc. (b) Open space shall be, a minimum of 800 square feet in area plus 50 s.f. for each additional unit over ten. (c) Indoor amenities such as community rooms, rooftop decks, etc. accessible to all residents can be counted as part of this requirement. (d) Outdoor open space and children’s play area must be clearly visible and accessible from the dwelling units on the site. (e) All landscaping elements in the development shall be maintained by the Homeowner’s Association or property owner. (3) Single-family attached, single-family detached, duplexes, and triplexes shall provide usable open space at least equal to 100 square feet per unit. Such space shall Page 108 of 161 Ordinance – Amending PMC – 25 “Zoning” - 55 not contain steep slopes. Usable open space is intended to accommodate human activity such as outdoor eating, gardening, toddler play, lounging, or similar uses. 25.175.100 Utilities and service areas. (1) Service areas (loading docks, trash dumpsters, electrical panels etc.) shall be located or screened to avoid negative visual, auditory (noise), olfactory or other physical impacts on the street environment, residents of the project and adjacent residentially zoned or residentially developed properties. (2) Garbage dumpsters must be screened on at least three sides. (3) Screening material shall be selected consistent with the design of the project. Screening shall be constructed of masonry, heavy-gauge metal or decay-resistant composite wood. Deviation from this requirement must prove that proposed screening will meet consistency with the overall project design. Chain link or plastic slat fences shall not be allowed. (4) Roof-mounted mechanical equipment must be located and screened so the equipment is not visible from the ground level of adjacent streets or properties.The color of roof mounted equipment and the exposed color of the roof should be matched to minimize visual impacts when equipment is visible from higher elevations nearby. Roof-mounted mechanical equipment must not exceed the City of Pasco Noise Ordinance. Prior to final occupancy, maximum decibel readings must be provided to the City Building Department. (5) Pedestrian-scaled lighting or other measures shall be used to enhance security. (6) Placement of utility meters shall be in less visible locations of the buildings and according to the City codes. 25.175.110 Residential building height, bulk and scale. (1) All foundation walls must be poured concrete or masonry block, or equivalent industry standard building material; (2) All dwellings must be permanently connected to foundations, and must meet seismic and wind loading standards for Franklin County, Washington; (3) No more than 12 inches of foundation wall can be exposed on the walls facing a street; (4) All siding must be durable materials, such as brick, masonry, stucco, vinyl, exterior-grade wood, or exterior-grade composites, each with a lifespan of at least 20 years under normal conditions; Page 109 of 161 Ordinance – Amending PMC – 25 “Zoning” - 56 (5) All siding must extend below the top of the foundation in order to cover the top of the foundation (6) All trim materials around windows, doors, corners, and other areas of the dwelling must be durable and not subject to deterioration; 25.175.120 Exceptions. Exceptions to the site and building design standards contained in this chapter may be granted through the special permit process based upon review of the criteria listed in PMC 25.200.080. [Ord. 4358 § 1, 2017; Ord. 4110 § 26, 2013; Ord. 3731 § 23, 2005; Code 1970 § 25.70.085.] Section 17. That Chapter 25.185 entitled “Off Street Parking” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: Chapter 25.185 OFF STREET PARKING Sections: 25.185.010 Purpose. 25.185.020 Off-street parking and loading spaces required. 25.185.030 General provisions. 25.185.040 Central business district. 25.185.050 Existing parking facilities. 25.185.060 Location of required parking. 25.185.065 Driveway, vehicular and pedestrian circulation standards for residential uses. 25.185.070 Computation of required spaces. 25.185.080 Site plan required. 25.185.090 Parking lot standards. 25.185.100 Special event parking lots. 25.185.110 Handicapped parking. 25.185.120 Parking space dimensions. 25.185.130 Compact car allowance. 25.185.140 Recreational equipment parking. 25.185.150 Uses not specified. 25.185.160 Off-street loading. 25.185.170 Required off-street parking. 25.185.010 Purpose. The provisions of this chapter are intended to ensure adequate off-street parking is provided for all land uses to avoid or reduce traffic congestion on public streets, increase traffic safety and reduce the visual impact of parking lots in the community. Page 110 of 161 Ordinance – Amending PMC – 25 “Zoning” - 57 The purpose of parking and circulation standards is to provide safe, visible and convenient circulation within the development, and ensure efficient internal connectivity are available for residents and visitors within the site. [Ord. 3354 § 2, 1999; Code 1970 § 25.78.010.] 25.185.020 Off-street parking and loading spaces required. Whenever a structure is erected or altered, there shall be provided on the same lot, adjacent lot, or group of lots accessible off-street parking. No off-street parking or loading spaces shall be constructed, located, relocated or modified without the issuance of a building permit. [Ord. 3354 § 2, 1999; Code 1970 § 25.78.020.] 25.185.030 General provisions. (1) The off-street parking and loading facilities required by this chapter shall be established prior to the occupancy of any new or enlarged structure; (2) Required off-street parking spaces shall provide vehicle parking only for residents, customers, patrons, and employees and shall not be used for the storage of equipment or materials, or for the sale, repair or servicing of any vehicle; (3) Any area once designated for required off-street parking shall not be used for any other purpose unless and until equal facilities are provided elsewhere and a site plan has been approved to reflect the change, or the primary use of the property is changed to a use requiring less off-street parking; (4) The required front yard in the single-family residential districts shall not be used for off-street parking for five or more cars. The storage and parking of vehicles in front yard areas of single-family properties shall be limited to that area formed and bounded by parallel lines extending from the outer dimension of a garage, carport, or parking slab to the right-of-way. An additional area between the nearest side property line and the driveway of not more than 10 feet by 20 feet may be used for additional parking. On lots with 100 feet of frontage or more, parking may be permitted on circular drives. All primary parking areas and driveways in front yards shall be hard surfaced, except in the R-S-20 and R-S-12 districts, driveways may be of an all-weather surface, provided the first 20 feet from the right-of-way is hard surfaced; and (5) In the R-2, R-3 and R-4 residential districts off-street parking spaces for multiple-family dwellings shall not be located in the front yard, except that a single two-lane drive may extend through the required front yard, provided no portion of the drive is within 10 feet of a dwelling unit entry nor five feet from any portion of a residential structure. [Ord. 3354 § 2, 1999; Code 1970 § 25.78.030.] 25.185.040 Central business district. Page 111 of 161 Ordinance – Amending PMC – 25 “Zoning” - 58 The provisions of this chapter shall not apply in the central business district as they relate to parking spaces required; provided that all other requirements of this chapter apply to any parking lot provided by a developer/property owner. [Ord. 3354 § 2, 1999; Code 1970 § 25.78.040.] 25.185.050 Existing parking facilities. The following shall apply to existing parking facilities: (1) Whenever a pre-existing building or structure, that is nonconforming with respect to this chapter, is remodeled, enlarged, altered, reconstructed or changed in any way by 33 percent or more of its assessed value, the requirements of this chapter shall apply. [Ord. 3354 § 2, 1999; Code 1970 § 25.78.050.] 25.185.060 Location of required parking. Off-street parking facilities shall be located according to the following: (1) For single-family and two-family dwellings, parking facilities shall be located on the same lot or building site as the buildings they are required to serve; (2) For uses other than those specified above, parking facilities shall not be located over 300 feet from the buildings they are required to serve; and (3) Off-site parking greater than 300 feet but less than 500 feet from the building may be authorized by special permit as provided in Chapter 25.200 PMC. (4) For multiplexes/ apartments, primary parking (open or covered) and garages must be located at the rear or side of the lot, or must be located in areas that are less visible or less prominent from the street. On the primary street frontage, no more than 10% of the total parking stalls, or 35% of the street frontage, whichever is less in length can be used for parking. (5) For multiplexes/ apartments, parking located near the street must be screened with a minimum of 15 ft landscaping buffer between the sidewalk and parking. Landscaping buffer shall include trees and shrubs. See PMC 25.180.085 Residential Site Landscaping for additional details. (6) For multiplexes/ apartments, parking must be visible and adequately lit from open areas, pedestrian walkways and dwelling units in order to ensure safety. (7) Large parking lots in apartment or multi-unit developments with more than 660 liner feet of parking shall be broken into a few smaller or multiple parking lots. [Ord. 3354 § 2, 1999; Code 1970 § 25.78.060.] Page 112 of 161 Ordinance – Amending PMC – 25 “Zoning” - 59 25.185.065 Driveways, vehicular and pedestrian circulation standards for residential uses. (1) For multifamily developments, the minimum driveway length from the public street to the nearest parking stall shall be 15 ft. (2) Shared driveways are allowed for up to four detached dwelling units, and for all attached dwelling units types. (3) When driveways of individual dwelling units occupy more than 50% of the lot width, developments must avoid repeated curb-cuts from public streets in order to provide safe pedestrian movement. At least one of the following design approaches shall be followed: (a) Use shared driveways in order to reduce individual driveways from the main access road (b) Driveway access from private streets and/or alleys (c) Place the sidewalk behind the curb-cut and with minimum 20 ft driveway depth from the back of the sidewalk where sidewalk is continued without slope. In this case, landscaping strip shall be placed in between sidewalk and the street. (4) Internal access roads connecting parking lots and dwelling units shall be easily identifiable. (5) For multi-unit projects, a network of sidewalks shall be provided between parking lots, street sidewalks, open spaces, parks, community facilities and buildings. (6) Minimum width of a hard surfaced walkway shall be according to the ADA standards, the PMC, and the City’s adopted City Standards and Specifications. (7) Walkways must be adequately lit to meet the safety standards of the City. All lighting, material and surface standards shall meet the City code. (8) Walkways must be maintained by the owner or owner's association. 25.185.070 Computation of required spaces. The following rules shall apply to the determination of the number of required off- street parking spaces: Page 113 of 161 Ordinance – Amending PMC – 25 “Zoning” - 60 (1) Fraction. If the number of off-street parking spaces required in PMC 25.185.170 contains a fraction, such number shall be changed to the next higher whole number. (2) Mixed Uses. When different uses occupy a single structure or lot, the total required parking spaces shall be the sum of the requirements of the individual uses. (3) Shared Uses. Owners of two or more uses, structures, or parcels of land within 300 feet of each other may share the same parking or loading area when the hours of operation do not overlap. The owners of two or more uses, structures, or parcels within 300 feet of each other may also share facilities concurrently; however, the total parking requirements shall be the sum of the requirements for each individual use. Whenever shared parking is allowed under this section, the parking lot shall be signed so as to reasonably notify the public of the availability of use, and spaces shall not be assigned, allocated or reserved between uses; a notarized and recorded parking agreement shall be required for shared parking between two or more separate tax parcels under separate ownership. (4) Tandem Parking. Parking spaces in tandem, having a single means of ingress and egress, shall not be counted as two off-street parking spaces for the purpose of fulfilling the requirements of this chapter; except that, each tandem space for single- family and two-family (duplex) dwellings shall be counted as a required parking space. [Ord. 4110 § 29, 2013; Ord. 3354 § 2, 1999; Code 1970 § 25.78.070.] 25.185.080 Site plan required. The submittal and approval of a site plan is required prior to the construction of any parking lot. The site plan shall show the proposed development, locations, size, shape and design of the parking spaces, curb cuts, lighting, method of on-site drainage, adjacent streets, circulation of vehicular and pedestrian traffic, signage, finished grade, landscaping, irrigation and other features of the proposed parking lot. [Ord. 3354 § 2, 1999; Code 1970 § 25.78.080.] 25.185.090 Parking lot standards. All parking lots required pursuant to this chapter and those properties consisting solely of parking development shall be designed and approved to meet the following standards: (1) Surfacing. (a) Parking lots designated for customer/client parking and all parking areas located between the right-of-way line and the face of buildings shall be surfaced with asphalt or Portland cement concrete. Those areas out of direct public view utilized for employee parking and service vehicle parking and Page 114 of 161 Ordinance – Amending PMC – 25 “Zoning” - 61 storage, that are located behind the front yard setback or front of the building, are exempt from the surfacing requirements. (b) All parking not requiring hard surfacing as provided in subsection (1)(a) of this section must be surfaced with gravel on a stable substrate. (c) No parking lot or driveway consisting of gravel shall abut a public street right-of-way. All driveways shall be surfaced as provided in subsection (1)(a) of this section for a distance of five feet on each side of driveway openings to a point 20 feet from the right-of-way line. (2) Grading and Drainage. All parking lot drainage shall be contained on site. Drainage facilities shall be designed according to accepted engineering standards; (3) Border Barricades. All parking areas designed for customer/client parking and all parking areas located between a right-of-way line and a building face shall have curbing installed around perimeter areas and around all landscape elements; (4) Markings. Parking stalls shall be delineated by paint or other markings as approved by the City Engineer; (5) Landscaping. All parking lots shall conform to the landscape provisions of Chapter 25.180 PMC; (6) Lighting. Parking lot lighting shall be so arranged as to not constitute a nuisance or hazard to passing traffic, or encroach on adjoining residential properties; and (7) Maintenance. All parking lots shall be regularly maintained and kept free of weeds and litter. Maintenance shall include the repair of traffic control devices, signs, light standards, fences, surfacing materials, curbs, landscaping, and drainage facilities. [Ord. 3354 § 2, 1999; Code 1970 § 25.78.090.] 25.185.100 Special event parking lots. (1) Special event parking lots used on an infrequent basis such as those associated with seasonal play fields shall be exempt from provisions of this chapter except PMC 25.185.090(7). [Ord. 4110 § 29, 2013; Ord. 3354 § 2, 1999; Code 1970 § 25.78.100.] 25.185.110 Handicapped parking. Handicapped parking shall be designed and provided in accordance with the International Building Code as adopted, Chapter 19.27 RCW and WAC 51-10-7508. [Ord. 4110 § 29, 2013; Ord. 3354 § 2, 1999; Code 1970 § 25.78.110.] Page 115 of 161 Ordinance – Amending PMC – 25 “Zoning” - 62 25.185.120 Parking space dimensions. Parking stall dimensions are provided in Table 25.185.120. Table 25.185.120. Parking Space Dimensions (All dimensions are based on a basic 9' x 19' stall) Angle of Parking Stall Width Curb Length Per Car Stall Depth Minimum Driveway Width Lot Width (1 row + 1 driveway) Sq. Ft Lot Width (2 rows +1 driveway) Sq. Ft. Along Curb 0 degrees 8 23' 8' 12' 20' 460 28' 644 30 degrees 9 18' 17'4" 11' 28'4" 511 45'8" 824 45 degrees 9 12'7" 19'8" 13' 32'8" 420 52'6" 668 60 degrees 9 10'4" 21' 18' 39' 406 60' 624 90 degrees 9 9' 19' 24' 43' 387 62' 558 [Ord. 3354 § 2, 1999; Code 1970 § 25.78.120.] 25.185.130 Compact car allowance. Any parking area required by this chapter may provide parking spaces designed for compact cars, the minimum dimensions of which shall be seven and one-half feet in width and 15 feet in length; provided such provision does not exceed 25 percent of the total number of parking spaces required by this chapter; and further provided, such compact car parking spaces are identified by above-grade signs. [Ord. 3354 § 2, 1999; Code 1970 § 25.78.130.] 25.185.140 Recreational equipment parking. Boats, motor homes, camp trailers, travel trailer, fifth wheels, pickup campers, utility trailers, and snowmobiles as defined herein may be stored in all yard areas within the R-1, R-2, R-3 and R-4 districts, and only within the side and rear yards in the R-S-20, R-S-12 and R-S-1 districts. All storage areas shall be surfaced with all-weather materials such as asphalt, brick, stone, concrete or gravel. Additionally, the storage and parking of said items in residential districts shall, at all times, comply with the parking conditions in PMC 25.185.030(4). Bona fide guests of the occupants of the premises may temporarily park on driveways for periods not to exceed 10 days in any 60-day period. [Ord. 3354 § 2, 1999; Code 1970 § 25.78.140.] 25.185.150 Uses not specified. Page 116 of 161 Ordinance – Amending PMC – 25 “Zoning” - 63 Off-street parking requirements for uses not specifically listed herein shall be determined by the City Planner based upon the requirement for similar uses. [Ord. 3354 § 2, 1999; Code 1970 § 25.78.150.] 25.185.160 Off-street loading. Off-street loading and unloading spaces shall be required for any use requiring frequent loading or unloading from trucks or other large vehicles: (1) Loading Space Size. The required loading space shall be of adequate size to accommodate the maximum number and size of vehicles simultaneously loading or unloading at the structure. Each off-street loading space shall have the minimum dimensions of 12 feet in width and 25 feet in length. On-site maneuvering space of not less than 52 feet in length shall be provided adjacent to the loading dock. This maneuvering space shall not include any area designated for off-street parking; (2) Loading Space Location. Required off-street loading and related maneuvering space shall be located only on the property served by the load facility. No part of any vehicle using the loading space will be allowed to project into the right-of-way of any public or private road; and (3) Off-Street Loading. Schools – A driveway designed for continuous forward flow of passenger vehicles for the purpose of loading and unloading children shall be located on the site of any public or private school. [Ord. 3354 § 2, 1999; Code 1970 § 25.78.160.] 25.185.170 Required off-street parking. The number of off-street parking spaces for various land uses will be as follows: Use Required Parking (1) Amusement and Recreation Auditorium, exhibit halls, stadiums, and sports arenas One space for four fixed seats based upon maximum seating capacity or at least one space for every 10 lineal feet of bench seating, or places with no fixed seating, one space for every 100 square feet of floor area Bowling alleys Four spaces for each lane Game rooms, card rooms, pool halls One space for each playing table, or one space for every three machines Gymnasiums, exercise facilities One space for each 200 square feet of floor area Page 117 of 161 Ordinance – Amending PMC – 25 “Zoning” - 64 Horse racing tracks, speedways One space for each four grandstand seats based upon maximum seating capacity or at least one space for every 10 lineal feet of bench seating Movie theaters One space for each four seats Roller/ice-skating rinks One space for each 200 square feet of skating surface area Swimming pools One space for each 200 square feet of water surface area (2) Community Services Churches, synagogues, temples and funeral homes One space for each four seats based upon maximum seating capacity or at least one space for every 10 lineal feet of bench seating Convalescent homes, nursing homes, congregate care facilities One space for each three beds plus one space for each two employees Fire and police stations One space for each 300 square feet of floor area Hospital One space for every five patients plus one additional space for each staff doctor and one space for each three employees Library One space for each 250 square feet of floor area Museums, art galleries One space for each 250 square feet of floor area Juvenile detention centers One and one-half spaces for each bed (3) Educational Facilities Elementary schools One and one-half spaces for each classroom or teaching station Middle schools Two spaces for each teaching station High schools One space for each employee plus one space for each eight students School auditoriums See requirements for auditoriums under amusement Day care centers One parking space for each employee and one space per six children Vocational schools, beauty schools One parking space for each 300 square of floor area (4) Manufacturing Industries All uses One space for each 400 square feet of gross floor area or one space for each employee per shift (5) Residential Studio or 1-bedroom dwellings One space per dwelling All other dwellings Two spaces per dwelling Page 118 of 161 Ordinance – Amending PMC – 25 “Zoning” - 65 Congregate care facilities One space for every three beds and one space for every two employees (6) Retail Trade and Services General retail uses One space for each 300 square feet of floor area Beauty and barber shop One space for each 150 square feet of floor area Financial institution One space for each 300 square feet of floor area Furniture and appliances One space for each 600 square feet of floor area Office buildings, medical offices One space for each 300 square feet on the ground floor; One space for each 500 square feet of floor space above or below the first floor Motels and hotels One space for each lodging room and one space for every two employees Restaurants One space for each 100 square feet of floor area (7) Transportation Bus and train stations One space for each 400 square feet of floor area Use Required Parking (1) Amusement and Recreation Auditorium, exhibit halls, stadiums, and sports arenas One space for four fixed seats based upon maximum seating capacity or at least one space for every 10 lineal feet of bench seating, or places with no fixed seating, one space for every 100 square feet of floor area Bowling alleys Four spaces for each lane Game rooms, card rooms, pool halls One space for each playing table, or one space for every three machines Gymnasiums, exercise facilities One space for each 200 square feet of floor area Horse racing tracks, speedways One space for each four grandstand seats based upon maximum seating capacity or at least one space for every 10 lineal feet of bench seating Movie theaters One space for each four seats Roller/ice-skating rinks One space for each 200 square feet of skating surface area Page 119 of 161 Ordinance – Amending PMC – 25 “Zoning” - 66 Use Required Parking Swimming pools One space for each 200 square feet of water surface area (2) Community Services Churches, synagogues, temples and funeral homes One space for each four seats based upon maximum seating capacity or at least one space for every 10 lineal feet of bench seating Convalescent homes, nursing homes, congregate care facilities One space for each three beds plus one space for each two employees Fire and police stations One space for each 300 square feet of floor area Hospital One space for every five patients plus one additional space for each staff doctor and one space for each three employees Library One space for each 250 square feet of floor area Museums, art galleries One space for each 250 square feet of floor area Juvenile detention centers One and one-half spaces for each bed (3) Educational Facilities Elementary schools One and one-half spaces for each classroom or teaching station Middle schools Two spaces for each teaching station High schools One space for each employee plus one space for each eight students School auditoriums See requirements for auditoriums under amusement Day care centers One parking space for each employee and one space per six children Vocational schools, beauty schools One parking space for each 300 square of floor area (4) Manufacturing Industries Page 120 of 161 Ordinance – Amending PMC – 25 “Zoning” - 67 Use Required Parking All uses One space for each 400 square feet of gross floor area or one space for each employee per shift (5) Residential All residential units Two spaces per unit Congregate care facilities One space for every three beds and one space for every two employees (6) Retail Trade and Services General retail uses One space for each 300 square feet of floor area Beauty and barber shop One space for each 150 square feet of floor area Financial institutions One space for each 300 square feet of floor area Furniture and appliances One space for each 600 square feet of floor area Office buildings, medical offices One space for each 300 square feet on the ground floor; One space for each 500 square feet of floor space above or below the first floor Motels and hotels One space for each lodging room and one space for every two employees Restaurants One space for each 100 square feet of floor area (7) Transportation Bus and train stations One space for each 400 square feet of floor area [Ord. 3354 § 2, 1999; Code 1970 § 25.78.170.] Section 18. Severability. If any section, subsection, sentence, clause, phrase or word of this Ordinance should be held to the invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this Ordinance. Section 19. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Page 121 of 161 Ordinance – Amending PMC – 25 “Zoning” - 68 Section 20. Effective Date. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, this ___ day of ________, 2022. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: ______________________ Page 122 of 161 CA2022-001 –Residential Design Standards Objectives Phase 1: Essential/critical modifications •Offer variety of housing choices •Promote variety in site and building design •Increase design standard simplicityPage 123 of 161 CA2022-001 –Residential Design Standards Objectives Phase 1: Essential/critical modifications Page 124 of 161 CA2022-001 –Residential Design Standards Minimum Lot Size Home Type Minimum Lot Size (SQFT) Per Unit R-1 R-2 R-3 R-4 SFDU –Detached 4,000 3,000 2,500 2,000 SFDU -Attached 3,500 2,000 1,500 1,250 Duplex, Triplex 5,000 4,000 3,000 2,500 Multiplex/Apts Dependent on Comprehensive Plan Density, Site Design and Parking Requirements.Page 125 of 161 CA2022-001 –Residential Design Standards Minimum Site Frontage & Width Home Type Minimum Site Frontage & Width (FT) R-1 R-2 R-3 R-4 SFDU –Detached 60’/ DU 40’ / DU 40’ / DU 30’ / DU SFDU –Attached 35’20’20’20’ Duplex, Triplex 50’40’30’30’ MF –Detached 60’40’40’30’ Multiplex/Apts, Courtyard Apartments (Entire Lot) 40’ Minimum Dependent on Comprehensive Plan Density, Site Design and Parking Requirements. Not permitted in cul-de-sac or dead end.Page 126 of 161 CA2022-001 –Residential Design Standards Setbacks HOME TYPE Building Setbacks Front Rear Side SFDU –Detached, Duplexes (Living Unit)15’15’5’ SFDU –Attached, Townhome, Cottage Housing, Multiplex/Apartments^ 12’15’5’Page 127 of 161 CA2022-001 –Residential Design Standards Height & Lot Coverage Home Type Building Height & Lot Coverage R-1 R-2 R-3 R-4 Bldg. Height Lot Coverage Bldg. Height Lot Coverage Bldg. Height Lot Coverage Bldg. Height Lot Coverage SFDU - Detached 35’60%35’60%40’60%40’60% SFDU – Attached 35’60%35’ Dependent on Comprehensive Plan Density, Site Regs and Parking Requirements. 40’ Dependent on Comprehensiv e Plan Density, Site Regs and Parking Requirements. 40’ Dependent on Comprehensiv e Plan Density, Site Regs and Parking Requirements. Cottage Housing 25’60%25’25’25’ Multiplex / Apartments 35’60%45’45’45’ No Changes to Building HeightPage 128 of 161 CA2022-001 –Residential Design Standards Parking & Access Parking and Driveways –Multiplex/Apartments Off-Street Parking Off-Street Parking Location •Studio and 1brm units: Reduced to 1 space •Permitted adjacent to public frontage. May not exceed 10% of total off-street parking or 20% of entire frontage length (combined). •When permitted adjacent to public frontage, must be screened with a minimum of 15’ of approved landscaping. •Parking areas shall be designed to incorporate incremental breaks to provide adequate access, turnaround, and circulation. Page 129 of 161 CA2022-001 –Residential Design Standards Pedestrian Access and Circulation Pedestrian Circulation •Dedicated pedestrian network between parking lots, public streets and sidewalks, open spaces, and community facilities. •Shall provide pedestrian and bicycle access within and onto the site. •Walkways shall form an on-site circulation system that minimizes the conflict between pedestrians and traffic at all points. •Conformance with ADA design standards Page 130 of 161 CA2022-001 –Residential Design Standards Page 131 of 161 CA2022-001 –Residential Design Standards Questions?Page 132 of 161 AGENDA REPORT FOR:City Council November 22, 2023 TO:Adam Lincoln, City Manager City Council Special Meeting: 11/27/23 FROM:Steve Worley, Director Public Works SUBJECT:Sections Code Municipal Pasco Amending 4701 No. Ordinance - 3.35.160 and 13.45.060 Related to Water Rights Acquisition Fee I.REFERENCE(S): Ordinance Water Rights Market Analysis Water Rights Fee Update 2023 II.ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. 4701, amending the Pasco Municipal Code Section 3.35.160 Water Utility, adjusting the water rights acquisition fee; Section 13.15.030 Connection Outside City Limits – Water Rights, and Section 13.45.060 Assignment of Water Rights–Extension of City Water Services Beyond City Limits and, further, authorize publication by title only. III.FISCAL IMPACT: The proposed amendment will increase revenues to the water rights fund allowing the City to purchase water rights at current market rates and to help provide sufficient water for future development. IV.HISTORY AND FACTS BRIEF: For the City to serve its residents and businesses with enough municipally treated water, the City must have an appropriate amount of water rights that allow the withdrawal of large amounts of water from the Columbia River. Currently the City has approximately 18,883 acre-feet of the Department of Ecology (Ecology) approved water rights. In 2022, the City used approximately 15,873 acre-feet of water to serve its potable water customers. An acre-foot of water is equal to one acre of land covered by one foot of water or 325,851 gallons. Page 133 of 161 It is important for the City to ensure there is a sufficient amount of water rights available to serve new and future developments. This is done through the transfer of water rights from land owners to the City as development occurs. If a developer does not have water rights to transfer to the City, a Water Rights Acquisition Fee is paid. The monies collected through this fee are then used to purchase more water rights. The purchase of water rights to support future development is becoming increasingly more difficult as landowners recognize the increased market value of water rights. The market for water rights acquisition has increased significantly over the past several years such that the value of water rights far exceeds the City’s current Water Rights Acquisition Fee of $1,725.00 per acre- foot. This increase in value of water rights has resulted in developments within the city choosing to pay the current Water Rights Acquisition Fee of $1,725.00 per acre-foot and then selling their water rights to others for a higher amount based on the current market value. Staff is also aware that some property owners are transferring their water rights to properties outside the City, paying the current Water Rights Acquisition Fee of $1,725.00 per acre-foot, and requesting water service from the City. It has also become increasingly more difficult for the City to acquire water rights due to the City’s lack of sufficient funds collected from the current Water Rights Acquisition Fee and property owners are showing more interest in leasing water rights through long-term contracts rather than selling the water rights outright. The lease approach puts cities like Pasco in a position of owning nothing after making 20 years of lease payments, which does not seem to be a prudent course of action. V.DISCUSSION: In September 2022, the City contracted with Darryll Olson of Pacific Northwest Project to evaluate the water rights market and provide a recommendation to the City regarding the fair market value of water rights purchases. That market analysis estimated the current water rights value to be $4,150.00 per acre-foot. This is a 140.6% increase over the current Water Rights Acquisition Fee. It is in the City’s best interest for developers to transfer available water rights to the City and discourage payment of the Water Rights Acquisition Fee. Based on feedback from the development community, staff recommends the proposed Water Rights Acquisition Fee include a 50% surcharge for only those properties that no longer have water rights but had water rights available within the 10 years prior to any new proposed development. This surcharge will Page 134 of 161 encourage the transfer of water rights to the City rather than paying the in-lieu water rights acquisition fee. The Pasco Municipal Code (PMC) Section 13.45.060 requires, as a condition of extending water beyond the city limit to serve new development, water rights must be transferred to the City in a quantity sufficient to serve the new development. Due to the difficulty in finding opportunities to purchase water rights in the market, it is in the City’s interest to require the transfer of available water rights to the City for the provision of City water for all new developments; those within and beyond the city limit and for commercial as well as residential. This item was discussed at the October 10, 2023, Council Workshop meeting. Staff also held a Developer's meeting on October 23, 2023, to review and discuss the proposed code revisions. Five takeaways resulted from this meeting. 1. Agreement that the water rights water acquisition fee (in-lieu fee) needed to reflect the current market rate. 2. Consider requirement for water rights transfers for developments on property that had water rights associated with them in the past 10 years - no in-lieu fee allowed. 3. The proposed 50% surcharge seemed arbitrary and maybe too high. Consider increasing future fees based on inflation, CPI or something similar. 4. Xeriscaping should be encouraged for new developments as a way to help reduce the in-lieu fee. 5. Reevaluate the return on investment of leasing water rights in lieu of purchasing - may be worth doing. The proposed Ordinance has been revised and addresses the first two items. For item 3 the 50% surcharge is still being proposed but applicable only to properties that historically had water rights but were removed within the past 10 years. More evaluation is needed to determine if the 50% surcharge should be replaced with another inflationary type index. Items 4 and 5 will continue to be evaluated but should not postpone the proposed code amendments. An evaluation by staff also determined that the City's remaining available water rights are not sufficient to serve all of the new developments that are currently in the City's queue for review and approval. Staff recommends approval of the proposed changes to the Water Rights Acquisition Fee and the applicability of this fee to developments both within and beyond city limits. Page 135 of 161 Ordinance – Amending PMC 3.35.160, 13.45.060 & 13.50.030 - 1 Version 09.01.23 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE PASCO MUNICIPAL CODE SECTION 3.35.160 WATER UTILITY, ADJUSTING THE WATER RIGHTS ACQUISITION FEE; SECTION 13.15.030 CONNECTION OUTSIDE CITY LIMITS – WATER RIGHTS, AND SECTION 13.45.060 ASSIGNMENT OF WATER RIGHTS–EXTENSION OF CITY WATER SERVICES BEYOND CITY LIMITS.. WHEREAS, recent water rate studies and fees of utility systems are generally conducted on periodic intervals to ensure they provide adequate revenue for the utilities, and to ensure rates, charges, and fees are, and continue to be, in conformance with State law; and WHEREAS, the purchase of water rights by the City of Pasco (City) to support future development is becoming increasingly more difficult as landowners recognize the increased market value of water rights; and WHEREAS, the market for water rights acquisition has increased significantly over the past several years such that the value of water rights far exceeds the City’s current Water Rights Acquisition Fee of $1,725.00 per acre-foot; and WHEREAS, the increase in value of water rights has resulted in developments within the City choosing to pay the current Water Rights Acquisition Fee of $1,725.00 per acre-foot and selling their water rights for a higher amount based on the current market value; and WHEREAS, staff is also aware that some owners of property within the City are transferring their water rights to properties outside the City and then paying the current Water Rights Acquisition Fee of $1,725.00 per acre-foot; and WHEREAS, it is increasingly more difficult for the City to acquire water rights at the current market price as landowners recognize the increased market value of water rights and the City’s lack of sufficient funds collected from the current Water Rights Acquisition Fee; and WHEREAS, owners of water rights are showing more interest in leasing water rights through long-term contracts rather than selling the water rights, which would put cities like Pasco in a position of owning nothing after making 20 years of lease payments; and WHEREAS, in September 2022, the City contracted with Darryll Olson of Pacific Northwest Project to evaluate the water rights market and provide a recommendation to the City regarding the fair market value of water right purchases; and WHEREAS, in October 2022, Pacific Northwest Project provided the City with the results of their market analysis and estimated a current water rights value of $4,150.00 per acre-foot, a 140.6% increase over the current Water Rights Acquisition Fee; and Page 136 of 161 Ordinance – Amending PMC 3.35.160, 13.45.060 & 13.50.030 - 2 Version 09.01.23 WHEREAS, it is in the City’s best interest to discourage payment of the Water Rights Acquisition Fee and instead have developers transfer available water rights to the City to help serve new development in Pasco; and WHEREAS, to ensure the City’s ability to purchase water rights in the future to adequately serve new developments, the proposed Water Rights Acquisition Fee includes a 50% surcharge to account for future increases in market value and encourage the transfer of water rights to the City rather than payment of the Water Rights Acquisition Fee; and WHEREAS, the PMC Section 13.45.060 “Assignment of Water Rights – Extension of City Water Services beyond City Limits” requires, as a condition of extending water beyond the City limit to serve new development, water rights must be transferred to the City; and WHEREAS, it is in the City’s interest to require the transfer of available water rights to the City for all new development both within and beyond the city limit. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That Section 3.35.160 entitled “Water utility effective January 1, 2022” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 3.35.160 Water utility effective January 1, 2022. Fee/Charge Reference 2021 2022 2023 2024 2025 2026 Inside city: Consumption – per 100 cubic feet: Residential/commercial $0.88 $0.94 $1.00 $1.07 $1.12 $1.18 13.20.050 Bulk – per 1,000 gallons $1.45 $1.54 $1.64 $1.75 $1.84 $1.93 13.20.080 Residential – single- family base fees: 3/4 and 5/8 inch – per month $20.55 $21.89 $23.31 $24.83 $26.07 $27.37 13.20.020 1 inch – per month $30.81 $32.82 $34.95 $37.22 $39.08 $41.03 13.20.020 Senior reduced/low income: 3/4 and 5/8 inch – per month $6.83 $7.27 $7.74 $8.24 $8.65 $9.08 3.65.150 1 inch – per month $10.30 $10.97 $11.68 $12.44 $13.06 $13.71 3.65.150 Page 137 of 161 Ordinance – Amending PMC 3.35.160, 13.45.060 & 13.50.030 - 3 Version 09.01.23 Fee/Charge Reference 2021 2022 2023 2024 2025 2026 Commercial – base fees: 3/4 inch – per month $28.97 $30.85 $32.86 $35.00 $36.75 $38.59 13.20.030 1 inch – per month $42.37 $45.12 $48.05 $51.17 $53.73 $56.42 13.20.030 1-1/2 inch – per month $81.60 $86.90 $92.55 $98.57 $103.50 $108.68 13.20.030 2 inch – per month $130.86 $139.37 $148.43 $158.08 $165.98 $174.28 13.20.030 3 inch – per month $178.74 $190.36 $202.73 $215.91 $226.71 $238.05 13.20.030 4 inch – per month $257.54 $274.28 $292.11 $311.10 $326.66 $342.99 13.20.030 6 inch – per month $402.01 $428.14 $455.97 $485.61 $509.89 $535.38 13.20.030 8 inch – per month $557.10 $593.31 $631.88 $672.95 $706.60 $741.93 13.20.030 Fee/Charge Reference Outside City; effective 11/1/02: Consumption – per 100 cubic feet: Residential/commercial 90% surcharge 13.20.090 Bulk – per 1,000 gallons 90% surcharge 13.20.090 Residential – single-family base fees: 3/4 and 5/8 inch – per month 90% surcharge 13.20.090 1 inch – per month 90% surcharge 13.20.090 Senior reduced/low income 90% surcharge 13.20.090 Commercial – base fees: All sizes 90% surcharge 13.20.090 Fee/Charge Reference Fire hydrants: Meter rental: Refundable deposit Not to exceed 110% of Cost, as determined by the Director of Finance 13.20.080 Page 138 of 161 Ordinance – Amending PMC 3.35.160, 13.45.060 & 13.50.030 - 4 Version 09.01.23 Fee/Charge Reference 2021 2022 2023 2024 2025 2026 Nonrefundable removal fee $30.00 13.20.080 Monthly base rental fee $62.00 Late payment and not returning meter after 48 hrs. (per day) $50.00 Hydrant rental – outside corporate limits, per year $20.00 13.20.070 Charges for water meters and services: Meter and service costs equal to average cost to City based on prior year 13.45.010 Move meter for owner Cost + 15% 13.30.060 Change meter size Cost + 15% 13.30.050 Water system capital expansion/replacement charges Inside City limits: 3/4-inch meter $360.00 13.25.010 1-inch meter $601.00 13.25.010 1-1/2-inch meter $1,198 13.25.010 2-inch meter $1,918 13.25.010 3-inch meter $3,599 13.25.010 4-inch meter $5,999 13.25.010 6-inch meter $11,995 13.25.010 8-inch meter $19,192 13.25.010 10-inch meter $27,591 13.25.010 Outside City limits: 3/4 – 10-inch meter 90% surcharge 13.25.020 Front footage (per foot): Page 139 of 161 Ordinance – Amending PMC 3.35.160, 13.45.060 & 13.50.030 - 5 Version 09.01.23 Fee/Charge Reference 2021 2022 2023 2024 2025 2026 Residential: In and out City limits $20.00 13.45.020 Commercial: In and out City limits $25.00 13.45.020 Square Footage (per sq. ft.): Residential: In and out City limits $0.0388 13.45.020 Commercial: In and out City limits $0.0426 13.45.020 Water rights acquisition fee – per acre foot $1,725.00$4,150.00 13.45.060(2) 21.05.120(2) Base water rights acquisition fee – per residential unit ($1,725.00$4,150.00 per acre foot x potable use factor .30) $517.50$1,245.00 13.15.030(1) Potable water irrigation fee (no irrigation water available) Equal to 50% of the area of the lot or parcel to be served expressed in acres or portion of acres x 3.5-acre feet of water x $1,725.00$4,150.00 (per acre foot) 13.15.030(1) Water rights transfer fee $1,000.00 13.15.030(5) [Ord. 4561 § 1, 2021; Ord. 4406 § 2, 2018; Ord. 4252, 2015; Ord. 4160, 2014; Ord. 4139, 2014; Ord. 3961, 2010; Ord. 3827, 2007; Ord. 3693 § 1, 2004; Ord. 3655, 2004; Ord. 3610, 2003; Ord. 3575, 2002; Ord. 3553, 2002; Ord. 3543, 2002; Code 1970 § 3.07.160.] Page 140 of 161 Ordinance – Amending PMC 3.35.160, 13.45.060 & 13.50.030 - 6 Version 09.01.23 Section 2. That Section 13.15.030 entitled “Connection Outside City Limits – Water Rights” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 13.15.030 Connection Within or Outside City Limits – Water Rights Any application for a new water service connection to serve real property located within or outside the City limits of the City of Pasco, except for those properties for which water rights, or payment in lieu of water rights, have been received by the City pursuant to PMC 13.45.060, shall be conditioned upon the transfer to the City of water rights associated with the property; or, if such water rights are not available or are inadequate to meet the water needs of the property to be served, upon payment to the City of a water rights acquisition fee in lieu of transfer, determined as follows: (1) Amount of Water Rights or Payment in Lieu. The amount of transferred water rights or the fee in lieu of transfer pursuant to this section and PMC 13.45.060 shall be sufficient to serve the number of residential units supplied by the connection for in-house domestic water service and irrigation water service sufficient to cover 50 percent of the lot or parcel of real property to be served by the water connection. If the property to be served by City water service had a certificate, permit, application, or claim to a water right for withdrawal of ground or surface waters, or such other water rights as may be appurtenant to such property, including well water rights, within ten years prior to submittal to the City of a development proposal or application for City water services, and the water rights are no longer available for transfer to the City, a 50% surcharge shall be added to the water rights acquisition fee. (a) Irrigation Water Service Available. If the property to be served by the City is located within and served by the Franklin County Irrigation District, or other public or private irrigation provider acceptable to the City for landscaping irrigation purposes, the property shall continue to be served by the District or other irrigation provider and the applicant for water service shall only be required to transfer three-tenths acre-foot of water rights per residential unit or its equivalent, or provide a payment in lieu for said quantity as directed by subsection (3) of this section. (b) Irrigation Water Service Unavailable. If the property to be served by the City is not included within or served by the Franklin County Irrigation District or other public or private irrigation water provider acceptable to the City for landscaping irrigation purposes, the applicant for water service shall be required to transfer three-tenths acre-foot of water rights per residential unit or its equivalent and in addition, three and one-half acre-feet per year per acre of irrigable land or fraction thereof, or provide a payment in lieu for said quantity as provided in PMC 3.35.160. The requirement relating to irrigable land cannot be waived on the basis that the current owner or developer does not plan to irrigate said land. Page 141 of 161 Ordinance – Amending PMC 3.35.160, 13.45.060 & 13.50.030 - 7 Version 09.01.23 Section 3. That Section 13.45.060 entitled “Assignment of water rights – Extension of City water services beyond City limits” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 13.45.060 Assignment of water rights – Extension Provision of City water services within and beyond City limit. (1) As a condition for the extension of a City water main provision of City water service within or beyond the City limits as a primary source of City water for potable or irrigation uses within a residential subdivision or other development, any property owner or developer of such property shall assign and transfer to the City any certificate, permit, application, or claim to a water rights for the withdrawal of ground or surface waters, or such other water rights as may be appurtenant to such property, including exempt well water rights in the quantity and manner set forth in PMC 13.15.030. This assignment and transfer shall not apply to individual service wells as are exempt from certification under the laws of the State of Washington, or properties which receive sufficient irrigation water services provided under a perfected water right from a City-approved irrigation water service provider. (2) In the event there are no water rights represented either by perfected application, certificate, permit, application, or right for withdrawal appurtenant to the real property benefited in subsection (1) of this section, the property owner or developer shall pay to the City, in lieu thereof, a water rights acquisition fee as established in the City Fee Summary Ordinance, Chapter 3.35 PMC; or upon appropriate notice recorded with the real property subject to development, defer payment in lieu to the time of application for connection of the new water service serving real property as provided by PMC 13.15.030. This water rights acquisition fee shall be in addition to any other water rates or charges as established in the City fee summary ordinance, Chapter 3.35 PMC. (3) Excess Water Rights. To the extent the water rights associated with the subject property exceed the anticipated water requirement for the subject property, the City, in its sole discretion, may require the owners of the subject property to transfer any amount of excess water rights to the City, and the City shall pay the owners of the excess water rights transferred to the City an amount representing the market value of the excess water as determined pursuant to PMC 13.15.030(3), subject to the right of administrative appeal as provided in PMC 1.30.030. [Ord. 4160, 2014; Ord, 3795, 2006; Ord. 3547 § 1, 2002; Code 1970 § 13.36.070.] Section 3. Severability. If any section, subsection, sentence, clause, phrase or word of this Ordinance should be held to the invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this Ordinance. Page 142 of 161 Ordinance – Amending PMC 3.35.160, 13.45.060 & 13.50.030 - 8 Version 09.01.23 Section 4. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Section 5. Effective Date. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 2023. _____________________________ Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ _______________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: _____________________________ Page 143 of 161 Markets for Water City of Pasco,WA,Request for Proposals The City of Pasco,WA,is reviewing potential water right lease purchases for future municipal development.The City will accept proposals from credible water right holders that meet the long- tenn water right leasequali?cationsand conditionsstipulatedbelow. Terms and Conditions: The City’s RFP conditions are non-negotiable,with a ?xed price-point,lease terms,and Valuation components: Proposals will be considered for incremental water “blocks”of 500 acre-ft,up to 2,000 acre-ft.The City will require initial delivery by January 1,2024. The water right lessee must be able to demonstrate secure water right ownership upon RFP response.No other ownership conditions are acceptable. The lease term will be for twenty years.The lease(s)will be nonrevocable;and can only be terminated prior to twenty-years by written consent from the Pasco City Manager or Public Works Director. The leases will provide an annual payment of $3 10/acre—ft./yearfor the lease term,with no escalatorsapplied.This is a capital equivalent of about $4,150/acre-PL,based on the City’s ?nancial discount rate.Full capital payment would be considered for water right ownership(title)transfers to the City (separate from a lease agreement). Regulatory/Transfer Requirements: Potential water rights for lease must have direct hydraulic continuity with the McNary Pool,Columbia River. The water rights for potential change/transfer must comply with RCW 90.03.380.It is the responsibility of the lessee to con?rm such with proposal submission. For potential lease agreements,the City will initially provide a letter of intent,while completing ?irther due diligence.The City will prepare a purchase and sale agreement for an accepted proposal. The City will conductwater right change/transfersthrough the FranklinCountyWater Conservancy Board,for either prior Ecology Trust actions with Ecology or new transfers. Proposal Contact/Administration: The City’s agent for proposal review and oversight is Darryll Olsen,Ph.D.,Paci?c Northwest Project,and he may be contacted at 509-783-1623.Succinct written proposals may be sent to DOlsenEcon(a;aol.com at any time.This RFP action will terminate on December 1,2022. Proposals that do not comply with the RFP provisions will be rejected.The City has sole discretion for acceptance of potential lease/purchase offerings. 2|Page Page 144 of 161 Pasco City Council Meeting October 9, 2023 Water Right Acquisition Fee AdjustmentPage 145 of 161 Water Rights Potable Water ◦Source: Columbia River ◦Available withdrawal: 18,883 acre-feet/yr. ◦Ecology leased water: 10,000 acre-feet/yr. ◦$35/acre-ft = $350,000/yr. (2020) ◦2022 Usage: 15,873 acre-feet Page 146 of 161 Water Rights Acquisition PMC 13.45.160 –Water & Sewers ◦Extending water beyond the city limit PMC 21.05.120 -Subdivision Regulations ◦Assignment of water rights for subdivision of landPage 147 of 161 Water Rights Acquisition PMC 3.35.160 –Revenue and Finance ◦In-lieu Fees: $1,725/acre-foot ◦Irrigation: 50% of site @ 3 ½ acre-feet/year per acre ◦Potable Water: 0.3 acre-feet/residential unit ◦Transfer Fee (Ecology)Page 148 of 161 Water Rights Acquisition What is Missing? Irrigation & Water Rights Transfers for: ◦Commercial Developments ◦Large Industrial Users: Food processors ◦Schools ◦Water Usage (versus water line extension) ◦Current Market Rate: $4,150/acre-footPage 149 of 161 Water Rights Acquisition Developers Appear to Prefer ◦Pay In-Lieu Fee: ◦Existing Rights Transferred to other properties ◦Sell Water Rights at Market Rate ◦Existing Rights Banked for later Transfer or SalePage 150 of 161 Water Rights Acquisition Water Rights Lease RFP ◦$310/acre-foot per year ◦No Escalators ◦Capital Equivalent of $4,150/acre-foot ◦20-Year Term ◦3 Respondents: ~4,000 acre-feet available ◦Annual Payment: $1,240,000.00Page 151 of 161 Water Rights Acquisition Proposed PMC Changes ◦Water Usage vs. Water Line Extension ◦Within and beyond City Limits ◦Market Rate + 50% Surcharge ◦Encourage Transfers vs. In-Lieu Fee ◦Account for future value increasesPage 152 of 161 Water Rights Acquisition Page 153 of 161 Pasco City Council Meeting March 4, 2019Page 154 of 161 AGENDA REPORT FOR:City Council November 21, 2023 TO:Blanche Barajas, Mayor City Council Special Meeting: 11/27/23 FROM:Eric Ferguson, City Attorney City Manager SUBJECT:Resolution No. 4404 - Amendment No. 1 to the City Manager Employment Agreement for Adam R. Lincoln I.REFERENCE(S): Resolution Amendment No. 1 to City Manager Employment Agreement between the City of Pasco and Adam R. Lincoln II.ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4404, approving Amendment No. 1 to the City Manager Employment Agreement between the City of Pasco, Washington, and Adam R. Lincoln. III.FISCAL IMPACT: $3,270.00 IV.HISTORY AND FACTS BRIEF: In the year 2022, City of Pasco's Council identified the necessity to appoint a permanent Council process, crucial this City To Manager. City facilitate a conduct firm recruitment professional to of services the engaged a comprehensive, nationwide search for suitable candidates for the City Manager position. Following a rigorous and transparent process, which allowed for thorough evaluation and competition among the candidates, City Council, after careful deliberation, concluded that Mr. Adam Lincoln was the most suitable individual to assume the role of City Manager for the City of Pasco. Subsequently, during the Council meeting held on April 14, 2023, Council officially the ratified Resolution No. 4343. This resolution endorsed Employment Agreement between the City of Pasco and Mr. Adam Lincoln, thereby formalizing his appointment as the City Manager. Page 155 of 161 V.DISCUSSION: City Council has conducted a thorough evaluation of Mr. Adam R. Lincoln's performance in his capacity as City Manager over the preceding year. Based on this assessment, the Council has concluded that Mr. Lincoln has executed his duties with a high degree of proficiency and effectiveness. In recognition of his service, City Council proposes to enhance his base compensation from the current amount of $218,000 by 1.5%, resulting in a revised annual salary of $221,270. Page 156 of 161 Resolution – Amendment No. 1 to City Manager Employment Agreement - 1 RESOLUTION NO. ______ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, APPROVING AMENDMENT NO. 1 TO THE CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN CITY OF PASCO, WASHINGTON, AND ADAM R. LINCOLN. WHEREAS, in 2022, the City of Pasco was in need of hiring a permanent City Manager; the Council hired a recruiting firm to perform a nationwide search for City Manager candidates. After an open, competitive interview process, and due consideration, the City Council determined that Adam Lincoln was the best choice to become the City Manager of the City of Pasco. WHEREAS, Council approved Resolution No. 4343, approving an Employment Agreement between the Pasco City Council and Adam Lincoln at the April 14, 2023, Council meeting. WHEREAS, the Council has determined that Adam R. Lincoln has performed at a high level as the City Manager over the past year and wishes to increase his base compensation of $218,000 by 1.5% to $221,270. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council of the City of Pasco, Washington, approves the terms and conditions of Amendment No. 1 to the City Manager Employment Agreement with Adam R. Lincoln for the calendar year of 2024, as attached hereto and incorporated herein as Exhibit A. Be It Further Resolved, that this Resolution shall take effect and be in full force immediately upon passed by the City Council. PASSED by the City Council of the City of Pasco, Washington, on this ____ day of November, 2023. _____________________________ Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 157 of 161 AMENDMENT NO. 1 TO CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN CITY OF PASCO, WASHINGTON AND ADAM R. LINCOLN BY THIS AMENDMENT NO. 1 to this Employment Agreement (“Agreement”) entered into this _____ day of __________________, 2023, by and between the City of Pasco, Washington, a municipal corporation (“Employer” or “City”), and Adam R. Lincoln (“Employee”), for City Manager services, individually a “party” and collectively the “parties.” This Amendment shall become effective on January 1, 2024. IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, the Parties agree that the City Manager Employment Agreement shall be amended as follows: Section 1. That Section 3 entitled “Compensation”, shall be and hereby is amended and shall read as follows: SECTION 3: COMPENSATION A.Base Salary. Employer shall pay the Employee an annual base salary of $221,270. B.Consideration shall be given on an annual basis to increased compensation. Increased compensation may be in the form of a salary increase, bonus, benefits, or other such consideration as the Employee and City Council may agree upon. Such consideration will be based on merit as determined by a performance evaluation consistent with Section 11 of this Agreement. C.Employer shall adjust the compensation each year by the amount of any COLA granted to other director-tier employees. The Employer agrees to additional increases necessary to maintain a 5% salary differential between the City Manager and the next highest paid salaried subordinate who is also a City of Pasco employee. D.Employer shall not reduce Employee’s salary or other financial benefits paid to Employee in a percentage greater than any reduction applicable to all other city non-represented employees. E.This Agreement shall automatically be amended to reflect any salary adjustments that are provided or required by Employer’s compensation policies. Section 2. All remaining terms and conditions not inconsistent herewith shall remain full force and effect. EXHIBIT A Page 158 of 161 EMPLOYER EMPLOYEE __________________________________ ________________________________ Blanche Barajas, Mayor Adam R. Lincoln Date:_____________________________ Date:_____________________________ Attest: _________________________________ City Clerk Page 159 of 161 QUALITY OF LIFE Promote a high-quality of life through quality programs, services and appropriate investment and re- investment in community infrastructure including, but not limited to: • Completion of Transportation System Master Plan and design standard updates to promote greater neighborhood cohesion in new and re-developed neighborhoods through design elements, e.g.; connectivity, walkability, aesthetics, sustainability, and community gathering spaces. • Completion of the Parks, Recreation and Open Space Plan and development of an implementation strategy to enhance such services equitably across the community. • Completion of the Housing Action and Implementation Plan with a focus on a variety of housing to address the needs of the growing population. FINANCIAL SUSTAINABILITY Enhance the long-term viability, value, and service levels of services and programs, including, but not limited to: • Adopting policies and strategic investment standards to assure consistency of long-range planning to include update of impact fees, area fees to specific infrastructure, and SEPA mitigation measures related to new development, e.g.; schools, traffic, parks, and fire. COMMUNITY TRANSPORTATION NETWORK Promote a highly functional multi-modal transportation system including, but not limited to: • Application of the adopted Transportation System Master Plan including development of policies, regulations, programs, and projects that provide for greater connectivity, strategic investment, mobility, multi-modal systems, accessibility, efficiency, and safety. COMMUNITY SAFETY Promote proactive approaches for the strategic investment of infrastructure, staffing, and equipment including, but not limited to: • Adoption and develop implementation strategies for Comprehensive Fire Master Plan aimed at maintaining the current Washington State Rating Bureau Class 3 community rating. • Collaboration with regional partners to influence strategies to reduce incidences of homeless by leveraging existing resources such as the newly implemented 0.1% mental health sales tax, use of resource navigator programs, and other efforts. • Development of an implementation strategy for the Comprehensive Police Master Plan to support future service levels of the department to assure sustainability, public safety, officer safety, crime control, and compliance with legislative mandates. ECONOMIC VITALITY Promote and encourage economic vitality including, but not limited to: • Implementation of the Comprehensive Land Use Plan through related actions including zoning code changes, phased sign code update, and development regulations and standards. • Completion of Area Master Plans and environmental analysis complementing the Comprehensive Land Use Plan such as Downtown and Broadmoor Master Plans. • Development of an Economic Development Plan, including revitalization efforts. COMMUNITY IDENTITY Identify opportunities to enhance community identity, cohesion, and image including, but not limited to: • Development of a Community Engagement Plan to evaluate strategies, technologies, and other opportunities to further inclusivity, community engagement, and inter-agency and constituent coordination efforts. • Support of the Arts and Culture Commission in promoting unity and the celebration of diversity through art and culture programs, recognition of significant events or occurrences, and participation/sponsorship of events within the community. Page 160 of 161 CALIDAD DE VIDA Promover una calidad de vida alta a través de programas de calidad, servicios, inversiones y reinversiones apropiadas en la infraestructura de la comunidad incluyendo, pero no limitado a: • Terminar el Plan de Transportación para promover más cohesión entre nuestras vecindades actuales y re-desarrolladas a través de elementos de diseño, p.ej. conectividad, transitabilidad, sostenibilidad estética, y espacios para reuniones comunitarias. • Terminar el Plan de los Parques, la Recreación, y los Espacios Vacíos y el desarrollo de una estrategia de implementación para mejorar tales servicios justamente a lo largo de la comunidad. • Terminar el Plan de Acción e Implementación de Viviendas con un enfoque en una variedad de viviendas para tratar las necesidades del aumento en la población. SOSTENIBIILIDAD FINANCIERA Mejorar la viabilidad a largo plazo, el valor, y los niveles de los servicios y los programas, incluyendo, pero no limitado a: • Adoptar las políticas y los estándares de inversión estratégica para asegurar consistencia en la planificación a largo plazo para incluir la actualización de las tarifas de impacto, las tarifas en áreas de infraestructura específica, y las medidas de mitigación SEPA relacionadas con el nuevo desarrollo, p.ej. escuelas, tráfico, parques, e incendios. RED DE TRANSPORTACION COMUNITARIA Promover un sistema de transportación multimodal en alta operación incluyendo, pero no limitado a: • Aplicar el Plan de Transportación que fue adoptado, incluyendo el desarrollo de las políticas, las reglas, los programas, y los proyectos que proporcionan más conectividad, inversión estratégica, movilidad, sistemas multimodales, accesibilidad, eficiencia, y seguridad. SEGURIDAD COMUNITARIA Promover métodos proactivos para la inversión estratégica en la infraestructura, el personal, y el equipo incluyendo, pero no limitado a: • Adoptar y desarrollar estrategias de implementación para el Plan Comprehensivo para Incendios. Con el propósito de mantener la clasificación comunitaria actual en la tercera Clase del Departamento de Clasificación del Estado de Washington. • Colaborar con socios regionales para influenciar estrategias que reduzcan los incidentes de personas sin hogar al hacer uso de los recursos actuales como el impuesto de ventas de 0.1% implementado recientemente para la salud mental, el uso de programas para navegar los recursos, y otros esfuerzos. • Desarrollar una estrategia de implementación para el Plan Comprehensivo de la Policía para apoyar los niveles futuros de servicio del departamento para asegurar la sostenibilidad, la seguridad pública, la seguridad de los policías, el control de crímenes, y el cumplimiento con los mandatos legislativos. VITALIDAD ECONOMICA Promover y fomentar vitalidad económica incluyendo, pero no limitado a: • Implementar el Plan Comprehensivo del Uso de Terreno a través de acciones relacionadas, incluyendo cambios de los códigos de zonificación, actualización en las etapas de los códigos de las señales, y el desarrollo de las reglas y los estándares. • Terminar los Planes de las Áreas y un análisis ambiental el cual complementa al plan integral de uso de la tierra como a los Planes del Centro y de Broadmoor. • Desarrollar un Plan de Desarrollo Económico, el cual incluya esfuerzos de revitalización. IDENTIDAD COMUNITARIA Identificar oportunidades para mejorar la identidad comunitaria, la cohesión, y la imagen incluyendo, pero no limitado a: • Desarrollar un Plan de Participación de la Comunidad para evaluar las estrategias, las tecnologías, y otras oportunidades para promover la inclusividad, la participación de la comunidad, y los esfuerzos interdepartamentales y de coordinación de los constituyentes. • Apoyar a la Comisión de las Artes y Cultura al promover la unidad y la celebración de la diversidad a través de programas de arte y cultura, reconocer eventos o acontecimientos significantes, y participar/patrocinar eventos dentro de la comunidad. Page 161 of 161