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HomeMy WebLinkAbout4722 Ordinance - Amending PMC Titles 5 & 25 Related to Pasco Public Space and Mobile Vending Ordinance Amending Title 5 and Title 25 - 1 ORDINANCE NO. 4722 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING TITLE 5 BUSINESS LICENSES AND REGULATIONS AND TITLE 25 ZONING OF THE PASCO MUNICIPAL CODE TO IMPLEMENT THE PASCO DOWNTOWN MASTER PLAN BY EXPANDING OPPORTUNITIES FOR BUSINESSES TO USE STREETS, PUBLIC SPACES, AND PRIVATE LOTS TO INCREASE ACTIVITY IN DOWNTOWN AND OTHER RETAIL HUBS. WHEREAS, the City of Pasco (City) adopted its first Downtown Master Plan in January 2023 following extensive public engagement that resulted in strong support for the plan; and WHEREAS, the City and the community have prioritized implementing the Downtown Pasco Master Plan which is an ongoing effort; and WHEREAS, the Downtown Master Plan includes many strategies to activate public spaces including expanding opportunities for community and businesses uses; and WHEREAS, the City established the Pasco Specialty Kitchen (PSK) to be an incubator for food trucks, mobile vending, and restaurants and desires to support and encourage these the expansion of these activities in Downtown Pasco and other retail hubs, consistent with the vision and goals of the Downtown Master Plan; and WHEREAS, the City regulates businesses including the uses of streets and public spaces for business activities and mobile vending in the Pasco Municipal Code and the new regulations are specific to implementation of the Downtown Pasco Master Plan; and WHEREAS, the City desires to have regulations for business activities in public and private spaces that support the goals of the Downtown Master Plan but also ensure that these activities are well planned and designed to ensure a safe environment; and WHEREAS, the City Council of the City of Pasco, Washington has determined that certain amendments supporting the Downtown Master Plan are necessary. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That Section 5.50.050 entitled “Sidewalk Seating” of the Pasco Municipal Code is hereby repealed in its entirety. 5.50.050 Sidewalk Seating. Any food establishment licensed under this chapter and located within the C-2 zone (Central Business District) may, upon application and receiving a permit therefor, provide sidewalk seating for its customers adjacent to the licensed place of Ordinance Amending Title 5 and Title 25 - 2 business; provided, however, the food establishment must have interior seating and the outside seating shall not exceed 25 percent of interior seats, and the outside seating shall not reduce usable sidewalk width to less than six feet. Such application shall include a drawing of the proposed sidewalk location which includes the location of the seating, the width of the sidewalk and the width of the sidewalk that will be obstructed by the outside seating. In addition the application shall include identification of the food establishment by reference to its regular Pasco business license number, assurance that the area will be kept clean, the times of day during which the outside seating will be utilized and the period of the year for which the outside seating is requested. The City Clerk shall review each such application with the City Planner and if in their opinion the public interest would not be unduly restricted or subject to unreasonable or unnecessary risk of harm or injury, the Clerk shall notify the applicant that a permit therefor will be granted, subject to the payment of an annual permit fee as set forth in Chapter 3.35 PMC and the filing of a satisfactory hold-harmless agreement and primary liability insurance policy suitable to the City Attorney which will indemnify the City and release it from liability. Subject to such filing a permit will be issued. [Ord. 3560 § 27, 2002; Ord. 2539 § 18, 1985; Code 1970 § 5.28.125.] Section 2. That Chapter 5.52 entitled “Parklets and Public Space Cafés” of the Pasco Municipal Code shall be and hereby is created and shall read as follows: Chapter 5 .52 PARKLETS AND PUBLIC SPACE CAFÉS Sections: 5.52.010 Purpose and Intent. 5.52.020 Permit required. 5.52.030 Definitions. 5.52.040 Permit application and terms. 5.52.050 Terms and conditions. 5.52.060 Design standards. 5.52.070 Conversion of parking spaces for a Public Space Café. 5.52.080 Application. 5.52.010 Purpose and Intent: (1) To expand and promote opportunities for the use and activation of public space. (2) To ensure that Pasco’s Downtown provides a fun, safe, and engaging experience for all. Ordinance Amending Title 5 and Title 25 - 3 (3) To provide a clear, concise, and user-friendly process for review and approval of applications for the use of public space by the community, private businesses, property owners, event managers, and others. (4) To ensure that public spaces are used in a manner that is safe and inviting for all. (5) To implement the community vision for Downtown Pasco expressed in the adopted Master Plan. 5.52.020 Permit Required. (1) No person shall operate a café in the public place without obtaining a Public Space Café Permit. (2) A Public Space Café permit expires if: the business changes ownership or the business vacates the premises, except when a permit transfer is approved by the Community & Economic Development Department; the Public Space Café permit duration expires; or Public Space Café permit fees are not paid. All permit - related encroachments shall be removed from the public place when the Public Space Café expires. (3) All Public Space Café permits are of a temporary nature and vest no permanent rights. The Community & Economic Development Department may suspend any Public Space Café permit for transportation mobility or public safety purposes. 5.52.030 Definitions. “Parklet” means the use of the sidewalk, planting strip, curb space, alley, or parking space by the City as a temporary or semi-permanent public space. “Pedestrian Clear Zone” means an area of the sidewalk reserved for pedestrians and free of elements such as street furniture, planters, fire hydrants, and street trees. “Public Space Café” means t he use of the sidewalk, planting strip, curb space, alley, or parking space by an adjacent restaurant, café, or bar into a temporary or semi-permanent area for use by patrons. Note: The photos below are examples of public space uses and are not intended to serve as regulations or standards as part of this code. Ordinance Amending Title 5 and Title 25 - 4 Figure 1: A Public Space Café using sidewalk space adjacent to the business frontage to provide additional seating for customers. Figure 2: A Public Space Café positioned between the sidewalk and the curb takes advantage of street trees to provide dappled shade to customers. Ordinance Amending Title 5 and Title 25 - 5 Figure 3: Parking spaces converted into a Public Space Café using a platform to meet curb grade. Figure 4: A parklet design turns parking spaces into a public area with swings and tables. 5.52.040 Eligibility. (1) Applicants for a Public Space Café Permit must be businesses licensed under this chapter to sell food or beverage in Pasco. Ordinance Amending Title 5 and Title 25 - 6 (a) Business must have building frontage in Pasco on a street with a speed limit of 30mph or less. (b) Business frontage shall not be designated as a Freight Corridor by the most recent Transportation Master Plan. Businesses within the Downtown Zoning District shall be exempt from this restriction. 5.52.050 Terms and Conditions. (1) A Public Space Café may be permitted for sidewalks, parking spaces, alley ways or other public spaces abutting the eligible business’s property. Public Space Cafés may be approved to extend into the public place abutting an adjacent property at the discretion of the Community & Economic Development Department. (2) Movable furniture must be cleared when not in use. Furniture may be stored within the Public Space Café given it is secured, stacked, and does not obstruct the passageway. Built-in furniture and heavy furniture such as picnic tables may remain in place when not in use. (3) Amplified sound shall adhere to PMC 9.130. (4) The installation of any permanent fixtures or breaking of surfaces shall require City approval. (5) Structures, site furnishings, and café area shall be continuously maintained by the permittee as approved on the issued permit, and shall be kept clean and in good repair. (6) Only materials and supplies used by the permittee for the daily operation of the Public Space Café may be located within the Public Space Café extents. The permittee shall not store other supplies or other materials in the Public Space Café unless otherwise authorized by Public Space Café permit. (7) The Community & Economic Development Director may suspend or revoke the permission granted if the applicant violates this chapter, any implementing rules, or the terms and conditions of the permit. 5.52.060 Design Standards. Obtaining a permit for a Public Space Café is contingent upon adhering to the following design standards. In cases where compliance is not feasible, the Community & Economic Development Department may work with the applicant to determine a solution and issue a permit at their discretion. (1) The placement of a Public Space Café shall not obstruct vehicular traffic or the use of any crosswalk, wheelchair ramp, bus, or taxi zone. Ordinance Amending Title 5 and Title 25 - 7 (2) Pedestrian clear zone. (a) Use of sidewalks shall not reduce pedestrian clear zone to less than 3 feet. Figure 5: The location of the sidewalk cafe shall not reduce or obstruct the pedestrian clear zone to less than six feet to the obstruction. (3) Perimeter treatments. (a) Public Space Cafés require a barrier 30” tall or greater around all sides of the café that border a travel lane or parking lane. Planter boxes are permitted to be used as barriers. (b) Alcohol: (i) If alcohol will be consumed at a Public Space Café, there must be a temporary or permanent 42 inch barrier around the sidewalk café, or businesses may apply to use only demarcations (café markers) by submitting an Alteration Request Form to the Washington State Liquor and Cannabis Board. (ii) If alcohol will be consumed at Public Space Café located in a parking space, there must be a temporary or permanent 42 inch barrier around all sides adjacent to a travel lane or parking lane. (c) Fencing shall allow for visibility into and out of the café. (d) Upon approval of a Public Space Café that uses the sidewalk, the City shall issue Café Markers, which are to be installed at corners and at maximum 10’ apart to mark the Café extents. Ordinance Amending Title 5 and Title 25 - 8 Figure 6: Café markers will be issued by the City and shall be installed at corners of café and at maximum 10 feet apart to mark the Café extents. (4) Setbacks. (a) A setback of 5 feet or greater from curb ramps, traffic signs, utility poles, fire hydrants, bike racks, and other street fixtures is required. (b) Public Space Cafés using the sidewalk: (i) A setback of 3 feet or greater from the front of the curb is required wherever a café abuts a parking lane. (ii) A setback of 10 feet or greater from the Corner Curb Radius Area is required. (c) Public Space Cafés using one or more parking spaces: (i) A setback of 1 foot or greater from adjacent travel or bicycle lane is required. (ii) A setback of 2 feet or greater is required from adjacent parking spaces. Buffer space may be used for planters. (iii) A setback of 5 feet or greater is required from handicapped parking spaces. Ordinance Amending Title 5 and Title 25 - 9 Figure 7: A 3-foot setback from the front of the curb is required. A 5-foot setback is required from street fixtures such as utility poles, bike racks, etc. A 10-foot setback is required from the Corner Curb Radius. Figure 8: Café must be set back 1 foot from adjacent travel or bicycle lane. (5) Vertical elements. (a) Overhead features may not extend into the travel lane and must provide at least 8’ of clearance if over the sidewalk. Ordinance Amending Title 5 and Title 25 - 10 Figure 9: Overhead features may not extend beyond the street edge and must provide at least 8 feet of clearance if over the sidewalk. (6) Ground plane elements. (a) If Public Space Café is on a platform, the platform must be flush with the top of the curb. (7) Lights and Electrical Elements. (a) Electrical cords may not be placed on the pedestrian path of travel. (b) Use of extension cords is limited to periods not exceeding 90 days, in accordance with International Fire Code 603.8. 5.52.070 Conversion of parking spaces for a Public Space Café. (1) Each eligible food and beverage service business may request approval to convert legal parking spaces along their building frontage in the following amounts: (a) 1 to 2 parallel on-street parking spaces. (b) 2 to 3 angled parking spaces or 90 degree parking spaces. (c) In the case of parallel parking with no demarcation of spaces, applicant can request up to 40 linear feet of space parallel to sidewalk, and shall work with Community & Economic Development Department to ascertain the most appropriate configuration. Ordinance Amending Title 5 and Title 25 - 11 Figure 10: Public Space Cafés may occupy 1-2 parallel parking spaces. These cafes must be set back 2 or more feet from adjacent parking spaces and 1 or more feet from the adjacent travel lane. Figure 11: Public Space Cafés may occupy 1-3 angled parking spaces. These cafes must be set back 2 or more feet from adjacent parking spaces and 1 or more feet from the adjacent travel lane. (2) The City shall consult with Franklin Transit regarding stalls sited near bus stops. (3) Parklets and Public Space Cafés shall not block storm drains. 5.52.080 Application. (1) All requests for a Public Space Café Permit shall be made on the form provided by the city, which will be reviewed by the Community & Economic Development Department. Ordinance Amending Title 5 and Title 25 - 12 (2) Applicants shall be required to provide proof of liability insurance, naming the City of Pasco as an additional insured in the amount of $1,000,000; (3) Built structures such as platforms or overhead structures are subject to additional review. Section 3. That Chapter 5.75 entitled “Itinerant Merchants and Mobile Venders” of the Pasco Municipal Code shall be and hereby is amended and shall read as follow: Chapter 5.75 ITINERANT MERCHANTS AND MOBILE VENDORS Sections: 5.75.010 License Required Purpose and Intent. 5.75.0105.75.020 License required. 5.75.0205.75.030 Definitions. 5.75.0305.75.040 Exemptions. 5.75.0405.75.050 Application. 5.75.050 Investigation and determination. 5.75.060 Terms of licenses. 5.75.070 Exhibition of license – Transfer. 5.75.080 Health regulation. 5.75.090 Stationary vendor standards. Mobile vendor typical locations. 5.75.100 Mobile vendor standards. 5.75.110 Revocation of license. 5.75.120 Appeal. 5.75.130 Penalty. 5.75.010 Purpose and Intent: (1) To expand and promote opportunities for mobile vending in Pasco. (2) To support small businesses and showcase local products. (3) To provide a clear, concise, and user-friendly process for review and approval of applications for mobile vending. (4) To ensure that public spaces are used in a manner that is safe and inviting for all. (5) To implement the community vision for Downtown Pasco expressed in the adopted Master Plan. Ordinance Amending Title 5 and Title 25 - 13 5.75.0105.75.020 License required. It shall be unlawful for an itinerant a mobile vendor to engage in business within the City of Pasco except when licensed as provided in PMC 5.05.020, in compliance with the provisions of this chapter. A separate license shall be required for each location of any stationary vendor and for each vehicle or other conveyance engaged by a mobile vendor. [Ord. 4372 § 23, 2017; Ord. 2826 § 1, 1991; Code 1970 § 5.10A.010.] 5.75.0205.75.030 Definitions. The following terms and definitions shall be used in the administration of this chapter: “Concessionaire” means a person, firm or corporation operating or maintaining a concession stand for the sale of food in the public parks, in the City, or on other public property, in accordance with an agreement or franchise therefor. “Food” shall have its usual and ordinary meaning, and shall include all items designed for human consumption, including, but not limited to candy, gum, popcorn, hot dogs, sandwiches, peanuts, soft drinks and dairy products. “Itinerant vendor” Mobile vendor shall mean any person, firm or corporation, whether as owner, agent, consignee, or employee, whether a resident of the City or not, who engages in a business of selling and delivering goods, wares, food or merchandise of any kind or description, who conducts such a business outside of a permanent structure affixed to real property. A person, firm or corporation so engaged shall not be relieved from complying with the provisions of this chapter merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such temporary business in connection with, as part of, or in the name of any local dealer, trader, merchant or auctioneer. “Mobile vendor” means an itinerant vendor who conducts business from a vehicle or other conveyance upon public streets, sidewalks, alleys, or other public ways of the City. “Pedestrian clear zone” means an area of the sidewalk reserved for pedestrians and free of elements such as street furniture, planters, fire hydrants, and street trees. “Public celebration” means Independence Day activities or refers to any other kind of public celebration designated by the City Council, such as Memorial Day or Labor Day, and such events as sidewalk sales and street fairs, which may be organized by the Pasco Downtown Development Association or Chamber of Commerce and officially authorized by the City Council. Ordinance Amending Title 5 and Title 25 - 14 “Stationary vendor” means an itinerant vendor who conducts business from a vehicle or other conveyance upon privately or publicly owned property, but not on a public street, sidewalk, alley or public way of the City. [Ord. 3560 § 11, 2002; Ord. 2826 § 1, 1991; Code 1970 § 5.10A.020.] 5.75.0305.75.040 Exemptions. The provisions of this chapter shall not be construed to apply to the following: (1) Persons selling only fruits, vegetables, berries, eggs or any farm produce or edibles raised, gathered, produced or manufactured by such persons in the State of Washington per RCW 36.71.090. (2) Persons selling only trees used for the celebration of the Christmas season. [Ord. 2826 § 1, 1991; Code 1970 § 5.10A.030.] 5.75.0405.75.050 Application. Any person, firm, or corporation desiring to secure a license as a stationary or mobile vendor shall make application through Business Licensing Service, and supply supplemental information on forms to be provided by the City. Such supplemental information shall provide: (1) The name or names and address of the applicant; vehicle license numbers of all vehicles from which the applicant proposes to conduct business; description of the general type of goods, wares, merchandise or food proposed to be sold by the applicant; the place or places where the applicant proposes to engage in business; (2) Each application shall be accompanied with the license fee as provided for in this chapter; (3) Each license application for a stationary vendor shall be accompanied with the following information to establish compliance with PMC 5.75.090 and other applicable code provisions: (a) A notarized written authorization from the business owner to conduct the applicant’s business at the place so noted on the application. (b) A statement explaining the method of trash and litter disposal being proposed by the vendor. (c) A drawing of a scale not greater than 50 feet per inch and not less than 10 feet per inch, which drawing shall depict the following information: (i) The portion of the property to be occupied by the business; (ii) The portion of the property to be used for automobile parking and the number of automobiles accommodated in said area; (iii) The location of driveways providing ingress and egress to the property; (iv) The location of existing buildings and structures located on the property, noting the use of each building or structure so identified. Ordinance Amending Title 5 and Title 25 - 15 Mobile vending in Pasco requires a Mobile Vending License, which may be issued upon completion of application through the Business Licensing Service. [Ord. 4372 § 24, 2017; Ord. 2826 § 1, 1991; Code 1970 § 5.10A.040.] 5.75.050 Investigation and determination. Upon receipt of the required supplemental information, the City Clerk shall cause such investigation of such person’s or persons’ business responsibility to be made as is deemed necessary to the protection of the public good and shall refer to the application to the Community and Economic Development Department for its determination as to compliance with standards and requirements of this chapter. An application shall be denied by the City Clerk upon written findings that the applicant’s business responsibility is unsatisfactory or that the proposed business activity will violate any applicable law, rule or regulation. Any license issued under this chapter shall contain the number on the license, the date same was issued, the nature of the business authorized to be carried on, the amount of license fee paid, the expiration date of said license, the place where said business may be carried on under such license and the name or names of the person or persons authorized to carry on the same. The City Clerk shall keep a record of all licenses issued under this chapter and shall promptly provide the Washington State Department of Revenue a copy of any license issued under this chapter. [Ord. 4372 § 25, 2017; Ord. 2826 § 1, 1991; Code 1970 § 5.10A.050.] 5.75.060 Term of licenses. All licenses shall be for a period of one year, unless otherwise provided therein. [Ord. 4372 § 27, 2017; Ord. 2826 § 1, 1991; Code 1970 § 5.10A.070.] 5.75.070 Exhibition of license – Transfer. (1) Any license issued under this chapter shall be posted conspicuously at the place of business authorized therein. (2) Any license issued under this chapter shall not be transferred to any other person, firm, corporation or location. [Ord. 2826 § 1, 1991; Code 1970 § 5.10A.080.] 5.75.080 Health regulation. All food vendors shall comply with all laws, rules and regulations regarding food handling, and all vehicles used for the sale of food shall comply with all the laws, Ordinance Amending Title 5 and Title 25 - 16 rules and regulations respecting such vehicles as established by the Benton- Franklin Health Department and as set forth in the Pasco Municipal Code. [Ord. 2826 § 1, 1991; Code 1970 § 5.10A.090.] 5.75.090 Stationary vendor standards. All stationary vendors licensed under this chapter shall conform to the following standards: (1) No stationary vendor shall be licensed for a location in a residential zoning district or office district, as defined in PMC Title 25; (2) Stationary vendors shall be licensed only at those sites on which there is a permanent business operating and licensed under PMC Title 5; (3) No stationary vendor shall locate his or her vehicle, other conveyance, or temporary stand within 20 feet of any public right-of-way or within 20 feet of the intersection of any public right-of-way and private driveway; (4) No signs or signage shall be permitted other than that which can be contained on the vehicle or conveyance utilized to sell food; (5) No vehicle, other conveyance or temporary stand shall be located closer than 20 feet from any building or structure on the licensed property or adjoining property; (6) No vehicle, other conveyance or temporary stand shall locate closer than 50 feet from flammable, combustible liquid or gas storage and dispensing structures; (7) All stationary vendors shall place at least one 30-gallon garbage receptacle upon the site of business for customer use; (8) Licensed stationary vendor sites shall be cleaned of all debris, trash and litter at the conclusion of daily business activities; (9) All merchandise, goods, wares or food shall only be displayed or offered for sale from the vendor’s conveyance; (10) All vehicles, other conveyances or temporary stands shall be equipped with at least one 2A:40B:C fire extinguisher; (11) No stationary vendor shall be licensed to locate a vehicle, other conveyance, or temporary stand within 250 feet from another stationary vendor except where vendors are separated by a public street; (12) No stationary vendor may be licensed at a location if their vehicle, conveyance or temporary stand diminishes required off-street parking for the permanent business licensed on the site. 5.75.090 Mobile vendor typical locations. Mobile vendors shall obtain a Mobile Vending Permit, which specifies where and when they may vend. (1) Public or private property. Ordinance Amending Title 5 and Title 25 - 17 (a) Mobile vendors on public or private property, such as a vacant lot or parking lot, are required to maintain an agreement with the property owner, either via the Mobile Location Agreement completed for the Benton Franklin Health District permit or through a notarized written authorization from the owner of the property on which they plan to operate. (2) Public Space Vending. (a) Mobile vendors may be permitted for use of one or more parking spaces, sidewalk areas, park areas, or other public ways. This area will be specified on the Mobile Vending Permit, along with the hours during which they are permitted to vend. (b) Restrictions. Mobile vendors shall not be authorized to vend in the following locations: (i) Within bus stops, loading areas, or ADA parking spaces. (ii) Within 5 feet of an alley or driveway apron. (iii) Within 15 feet of a fire hydrant. (iv) In any location that inhibits the operation, maintenance, visibility, or functionality of any utilities or street fixtures. (3) Route vending. Some Mobile vendors move more frequently and establish their typical route with the Benton Franklin Health District. Their permit may not specify their exact location, and thus they shall adhere to the restriction below. These restrictions also apply to permitted vendors who make use of public space not specified on their permit. (a) Mobile Vendors may vend in legal parking spaces for up to two hours per location. (b) Mobile vendors using food carts may vend on sidewalks and public plazas for up to two hours per location. Vendors must not obstruct wheelchair ramps or building entrances. Their presence on the sidewalk shall not reduce the Pedestrian Clear Zone to less than 3 feet. (4) Zoning Restrictions. The regular use of public ways, public and private lots is intended for commercial and industrial areas where people come to work and frequent Ordinance Amending Title 5 and Title 25 - 18 businesses. As such, Mobile Vending Permits for use of public ways, public or private lots will not be issued for locations in residential areas. [Ord. 3624 § 1, 2003; Ord. 2826 § 1, 1991; Code 1970 § 5.10A.100.] 5.75.100 Mobile vendor standards. All mobile vendors licensed under this chapter shall conform to the following standards: (1) Geographical Restrictions. No mobile vendor shall sell or vend from his or her vehicle or conveyance: (a) Within 400 feet of any public or private school grounds during the hours of regular school session, classes, or school-related events in said public or private school, except when authorized by said school; or (b) Within 300 feet of the entrance to any business establishment offering as a main featured item or items similar products for sale which is open for business; or (c) Within 300 feet of any restaurant, cafe, or eating establishment which is open for business; or (d) Within 300 feet of any public park of the City where any City-authorized concession stand is located during times other than during the course of a public celebration except as approved by the Parks and Recreation Department of the City; or (e) Within 300 feet of any public park of the City where any City authorized concession stand is located during the course of a public celebration when nonprofit organizations are permitted to engage in the sale of merchandise and food in such park; or (f) Within any one block for more than one hour in any four-hour period; except this shall not apply in those situations where the mobile vendor is serving organized and sanctioned community-sponsored ball games at public parks and schools provided there is no City-approved concession in the park or at the school. (2) No mobile vendor shall conduct business so as to violate the traffic and sidewalk ordinances of the City as now in effect or hereafter amended. (3) No mobile vendor shall obstruct or cause to be obstructed the passage of any sidewalk, street, avenue, alley or any other public place, by causing people to congregate at or near the place where food is being sold or offered for sale. (4) No customer shall be served on the street side of the mobile unit. All service must be on the curb side when the mobile unit is on or abutting a public street. (5) All mobile vendors shall provide garbage receptacles for customer use. (6) No mobile vendor shall locate his or her vehicle or other conveyance in such a manner as to cause a traffic hazard. (7) At the conclusion of business activities at a given location the mobile vendor shall clean all the public way surrounding his or her vehicle of all debris, trash and litter generated by the vendor’s business activities. (8) All mobile vendors preparing food by cooking, frying or other means shall be equipped with at least one 2A:40B:C fire extinguisher. Ordinance Amending Title 5 and Title 25 - 19 (9) All mobile vendors shall conclude daily business activities at sunset. (1) Pedestrian and vehicular safety. (2) (a) No mobile vendor shall conduct business so as to violate the traffic and sidewalk ordinances of the City as now in effect or hereafter amended. (3) (b) No mobile vendor shall obstruct or cause to be obstructed the passage of any sidewalk, street, avenue, alley or any other public place, by causing people to congregate at or near the place where food is being sold or offered for sale. (4) (c) No customer shall be served on the street side of the mobile unit. All service must be on the curb side when the mobile unit is on or abutting a public street. (5) All mobile vendors shall provide garbage receptacles for customer use. (6) (d) No mobile vendor shall locate his or her vehicle or other conveyance in such a manner as to cause a traffic hazard. (e) Mobile vendors using sidewalk shall maintain 3 feet of pedestrian clear zone. (7) (2) At the conclusion of business activities at a given location, the mobile vendor shall clean all the public way surrounding his or her vehicle of all debris, trash and litter generated by the vendor’s business activities. Vendors associated with a public or private lot shall provide a trash receptacle or otherwise ensure that their space is kept clean. (3) Fire safety: (a) It is recommended that Mobile Vendors using heat or flames are inspected annually by the Pasco Fire Department. (9) All mobile vendors shall conclude daily business activities at sunset. (3) Conveyances: Only vendors using food trucks or push carts may be permitted for public space vending. Tents may be used to provide shade for cart vendors but shall not be used to display merchandise. [Ord. 2826 § 1, 1991; Code 1970 § 5.10A.110.] Ordinance Amending Title 5 and Title 25 - 20 5.75.110 Revocation of license. Any license issued pursuant to this chapter may be revoked, in writing, by the City Manager Community & Economic Development Director for any of the following causes: (1) Any fraud, misrepresentation or false statement contained in the application for license; (2) Any fraud, misrepresentation or false statement made in connection with the selling of products; (3) Any violation of this chapter; (4) Conviction of the licensee of any felony or of a misdemeanor involving moral turpitude; or (5) Conducting the business licensed under this chapter in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public. [Ord. 2826 § 1, 1991; Code 1970 § 5.10A.120.] 5.75.120 Appeal. Any person aggrieved by the denial of an application for a license or by the revocation of a license as provided for in this chapter shall have the right to appeal to the City Council City Hearing Examiner. Such appeal shall be taken by filing with the City Clerk Community & Economic Development Director within 14 calendar days after the notice of decision has been mailed, by certified mail, to the applicant’s or licensee’s last known address, a written statement setting forth the grounds for the appeal. The Council shall set the time and place for hearing on such appeal and notice of such hearing shall be given by certified mail to the appellant at least five calendar days prior to the date fixed for such hearing. [Ord. 2826 § 1, 1991; Code 1970 § 5.10A.130.] [Ord. 2826 § 1, 1991; Code 1970 § 5.10A.130.] 5.75.130 Penalty. Any person, firm or corporation violating any of the provisions of this chapter shall have committed a code infraction and shall be subject to the provisions of Chapter 1.40 PMC. The first offense shall be subject to a $100.00 penalty, the second offense shall be subject to a $500.00 penalty, and the third offense in any two-year period shall cause the vendor to be ineligible for a license under this chapter for a period of 90 days. Ordinance Amending Title 5 and Title 25 - 21 [Ord. 3624 § 2, 2003; Ord. 2826 § 1, 1991; Code 1970 § 5.10A.140.] Section 4. That Section 25.15.080 entitled “F definitions” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.15.080 F definitions. 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) living together as a single housekeeping 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. “Food Truck Park” is a lot that is primarily used for mobile vending, services related to mobile vending, and mobile vending customers. This may be on a lot that also contains a building, or on an open lot with no buildings. Food Truck Parks may contain temporary or permanent seating areas, pathways, and other amenities to support the outdoor dining experience. This definition does not apply to use of a parking lot by one or more food trucks, whereby the primary function of the lot is for parking. [Ord. 4575 § 4, 2022; Ord. 4110 § 5, 2013; Ord. 3354 § 2, 1999; Code 1970 §§ 25.12.190 – 25.12.195.] Ordinance Amending Title 5 and Title 25 - 22 Section 5. That Section 25.15.220 entitled “T definitions” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.15.220 T definitions. “Temporary business” means an itinerant vendor as defined under PMC 5.75.020 5.75.030 and any business licensed as a temporary special sales event out of doors and not included within the business activity licensed for the permanent business located on the lot. [Ord. 4066 § 3, 2012; Ord. 3354 § 2, 1999; Code 1970 §§ 25.12.445 – 25.12.456.] Section 6. That Section 25.130.100 entitled “Temporary business standards” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.130.100 Temporary business standards. (1) Temporary businesses are only permitted on lots that are fully developed with curb, gutter and sidewalk and improved with parking lots, landscaping and buildings. (2) Temporary businesses must be located at least 300 feet from the property line of any residentially zoned property. (3) Goods, wares and merchandise of any kind can only be displayed or offered for sale from the temporary business vehicle or conveyance. (4) Only one temporary business vehicle is permitted per licensee and lot or parcel. (5) Temporary businesses must be located at least 300 feet apart. (6) No ancillary or accessory equipment of any kind is permitted to be used with a temporary business, including but not limited to: tables, chairs, benches, picnic tables, umbrellas, propane tanks, tents, awnings, carport structures, satellite dishes, recreational equipment, amusement devices, entertainment equipment, portable or temporary shelters, portable heaters, temporary lighting fixtures, decorative lighting, coolers not located on the business vehicle, freezers/refrigerators not located on the business vehicle, carpet, fencing, and faux landscape elements. (7) No parking lot modifications are permitted for the location of temporary businesses, including but not limited to: curbing, concrete slabs, decking and patios. (8) Signage is only permitted on the temporary business vehicle and not on public right-of-way or in parking lots. Ordinance Amending Title 5 and Title 25 - 23 (9) No advertising for services, activities and products that are not available on or from the temporary business vehicle is permitted. (10) Temporary businesses must be located at least 25 feet from any public right- of-way. (11) Temporary businesses must locate in an area of the parking lot that will not impede fire lanes or the use of drive aisles within and around parking lots. (12) Required off-street parking cannot be diminished by the location and operation of a temporary business. (13) The above is not applicable to food trucks and other mobile vendors. These businesses shall adhere to PMC 5.75 and PMC 25.165.215. [Ord. 4288 § 1, 2016; Ord. 3972 § 3, 2010; Code 1970 § 25.58.095.] Section 7. That a new Section 25.165.215 entitled “Food Truck Parks” of the Pasco Municipal Code shall be and hereby is created and shall read as follow: 25.165.215 Food Truck Parks. (1) Purpose: (a)_ To allow for Food Truck Parks as a semi-permanent land use where food trucks and other mobile vendors can station themselves to provide regular service to customers. (b) To support small businesses and generate economic activity in Pasco by creating hubs for local food, outdoor dining, light recreation, and gathering. (c) To encourage mobile vending by creating centralized hubs for resources such as commercial kitchens, bathrooms, and approved discharge areas. Ordinance Amending Title 5 and Title 25 - 24 Figure 1: Summer's Hub in Kennewick acts as a local hub for mobile vendors and customers. An on-site commercial kitchen supports vendor operations, and a dining area with picnic tables and string lights invites customers to eat and gather. Figure 2: A food truck park in West Hartford is developed with a paved path and features a seating area surrounding a fire pit. (2) Design and Operation Standards Ordinance Amending Title 5 and Title 25 - 25 Food Truck Parks, as defined in PMC 25.15.080, are subject to the following general requirements: (a) Design and use of site must adhere to all applicable laws that apply to permanent use of the lot. (b) All vendors must hold a Pasco Mobile Vending License and be permitted for use of the site pursuant to PMC 5.75.090. (c) Any business-related discharge into the sanitary or sewer systems requires the written approval from the City. (d) The use of tents and membrane structures larger than 400 square feet requires City approval to ensure compliance with IFC 3103.2 or most up- to-date IFC guidance for tents and membrane structures. (e) No structure or temporary use may be within five feet of any right- of-way. (f) There must be adequate provisions made for dust and litter control. (3) Food Truck Parks are not considered Temporary Businesses and are thus not subject to Temporary Business standards or regulations. (4) Permit and Application (a) The applicant must submit the notarized written consent from the property owner for the use of the premises if the applicant is not the owner. (b) Applicant must possess a City of Pasco business license. (c) The City of Pasco shall maintain an application and submittal requirements to obtain a Food Truck Lot Permit. Section 8. That Section 25.127.070 entitled “Development standards” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.127.070 Development standards. (1) All structures, uses, and shoreline modifications shall comply with the City of Pasco Shoreline Master Program (Chapter 29.15 PMC), where applicable. (2) Minimum Density. (a) Commercial, office, education and government uses: none. Ordinance Amending Title 5 and Title 25 - 26 (b) Residential uses: 14 units/net acre average for residential portions of Osprey Pointe (net acre excludes infrastructure, such as roads, utility easements, stormwater infrastructure, and excludes critical areas, and applies to the entire Osprey Pointe rather than to individual developments). Additionally, residential uses shall not comprise more than 50 percent of the gross land area within Osprey Pointe. (c) Residential uses: the minimum density is seven units per net acre. For the purposes of this subsection, net acre excludes infrastructure (such as roads, utility easements, stormwater infrastructure), excludes critical areas, and excludes other unbuildable areas such as any required landscape buffer areas, fire lanes and parking lots, and applies to the entire MU district rather than to individual developments. (3) Minimum Lot Area at Osprey Pointe. (a) Commercial, office, education and government uses: none. (b) Residential uses: 1,000 square feet (single-family detached), 1,500 square feet per unit (duplex and single-family attached). There is no minimum lot area for multifamily dwellings. (4) Minimum Lot Width at Osprey Pointe. (a) Commercial, office, education and government uses: none. (b) Residential uses: 35 feet (single-family detached), 20 feet per unit (duplex and single-family attached). There is no minimum lot width for multifamily dwellings. (5) Lot Coverage at Osprey Pointe. Dictated by parking requirements, setbacks and landscaping. (6) Dimensional Standards for Lots Not Located at Osprey Pointe. The following standards shall apply except in cases of a binding site plan or zero-lot- line development (in which cases there are no minimums): (a) Minimum Lot Area. (i) Commercial, office, education and government uses: none. (ii) Residential uses: 1,000 square feet (single-family detached), 1,500 square feet per unit (duplex and single-family attached). There is no minimum lot area for multifamily dwellings. (b) Minimum Lot Width. Ordinance Amending Title 5 and Title 25 - 27 (i) Commercial, office, education and government uses: none. (ii) Residential uses: 35 feet (single-family detached), 20 feet per unit (duplex and single-family attached). There is no minimum lot width for multifamily dwellings. (c) Lot Coverage. All other uses: dictated by parking requirements, setbacks and landscaping. (7) Minimum Yard Setbacks – Front. (a) Commercial, office, education and government uses: none. (b) Residential uses: 10 feet (single-family detached and attached, and duplexes), 20 feet (garden-style apartments/condominiums), none for multifamily adjacent to commercial areas or in mixed-use buildings. (8) Minimum Yard Setbacks – Interior Side Yard. (a) Commercial, office, education and government uses: none. (b) Residential uses: five feet (for primary structures in single-family detached and attached, and duplexes; however, the minimum yard setback is reduced to three feet where fire barriers are provided for buildings), 15 feet from other buildings (garden-style apartments/condominiums), none for multifamily adjacent to commercial areas, in mixed-use buildings or for zero-lot-line development. (9) Minimum Yard Setbacks – Street Side Yard and Rear. (a) Commercial, office, education and government uses: none. (b) Residential uses: 10 feet (single-family detached and attached, and duplexes; however, the minimum setback for detached garages is three feet), 20 feet from other buildings (garden-style apartments/condominiums), none for multifamily adjacent to commercial areas or in mixed-use buildings. (10) Maximum Building Height. (a) At Osprey Pointe. (i) Commercial, office, education and government uses: 60 feet. Ordinance Amending Title 5 and Title 25 - 28 (ii) Residential uses: 35 feet (single-family detached and duplexes), 40 feet (single-family attached and garden-style apartments/condominiums), 90 feet (multifamily adjacent to commercial areas or in mixed-use buildings). (b) At All Other Locations. (i) Commercial, office, education and government uses: maximum 85 feet, except a greater height may be approved by special permit. (ii) Residential uses: maximum 15 feet for accessory buildings; maximum 40 feet for detached single-family, duplexes; maximum 45 feet for garden-style courtyard apartments/condominiums; maximum 90 feet for multifamily adjacent to commercial areas or in mixed-use buildings; except that in all cases a greater height may be approved by special permit. (iii) Nothing in this chapter precludes the use of rooftop decks or permitted uses to be permitted on the roof; provided, that building codes are met. (11) Fences and Hedges. (a) Fences and walls shall meet the requirements of Chapter 25.180 PMC, with the following exceptions: (i) Fences and walls shall be constructed using a combination of natural materials such as wood, stone, or brick, including those on industrially used properties. (ii) Barbed wire and electrified fencing are prohibited on all properties. (12) Parking and Loading. (a) All new uses in the MU district must provide parking in accordance with Table 25.127(1). The Community and Economic Development Director may approve ratios lower than the minimum if the new use provides bicycle parking, includes access to an improved bus stop, or will have shared parking spaces. See subsections (12)(d), (e), and (f) of this section pertaining to parking reductions. The Community and Economic Development Director shall determine parking requirements for unlisted uses. Uses which are not listed in the table shall have parking requirements of the nearest analogous use which is included in the table, as determined by the Community and Economic Development Director. If the number of Ordinance Amending Title 5 and Title 25 - 29 minimum off-street parking spaces required in Table 25.127(1) contains a fraction, the number shall be rounded up if the fraction is equal to or greater than one-half and rounded down if less than one-half. (b) On-street parking or off-street public parking lots may be used in combination with dedicated off-street parking to accommodate parking demand from individual developments. (c) On-street and off-street public parking may be time-limited, metered, or otherwise restricted in order to ensure that parking demand from individual developments does not adversely impact parking availability for the district as a whole and may be managed by either the Port (in the case of Osprey Pointe property), City or an association/business entity (depending on public or private ownership). Parking spaces must be located within 500 feet of the proposed use unless the use is listed under the “Recreational and Entertainment Use” category in Table 25.127(1) in which case parking may be located off site; provided, that if the parking facility is under different ownership, a written agreement or lease is required. No more than 30 percent of the minimum parking requirement for an individual use may be on-street spaces or off-street public spaces more than 500 feet away from the proposed use except as noted above. (d) Bicycle Parking Reduction. For every five bicycle parking spaces provided, the number of vehicle parking spaces may be reduced by one up to maximum of 10 percent of the minimum number of spaces otherwise required. (e) Transit Reduction. If a site is within one-quarter mile of a current, planned, or proposed public transportation facility or service, the required number of parking stalls may be reduced by 10 percent. (f) Shared Uses. Owners of two or more uses, structures, or parcels of land within 500 feet of each other may share the same parking area when the hours of operation do not overlap. 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. (g) 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. Ordinance Amending Title 5 and Title 25 - 30 (h) No boat, motor home, camp trailer, trailer, fifth wheel, pickup camper, snowmobile, or utility trailer as defined in this title shall be stored or maintained on any public street, right-of-way, or other public areas. Table 25.127(1). Number of Minimum Required and Maximum Allowed Parking Spaces by Use in the MU District Use Category Minimum Maximum COMMERCIAL, OFFICE, EDUCATIONAL, AND GOVERNMENT USES Churches, places of worship, clubs, fraternal societies 1 per 100 square feet of main assembly area 1 per 60 square feet of main assembly area Commercial lodging (hotel, motel, bed and breakfast, short-term vacation rentals) 0.5 per room 1 per room Educational Uses Elementary schools 1 per classroom and 1 per employee 1.5 per classroom Middle schools 1 per classroom 2 per classroom High school 7 per classroom 10.5 per classroom Universities, colleges, business, professional, technical and trade schools 0.3 per full-time student and 0.8 per employee 0.5 per FTE student and 0.8 per employee Ordinance Amending Title 5 and Title 25 - 31 Use Category Minimum Maximum Gyms or fitness centers 3 per 1,000 square feet of gross floor area 5 per 1,000 square feet of gross floor area Museums and art galleries 2.5 per 1,000 square feet of gross floor area 4 per 1,000 square feet of gross floor area Offices: administrative, professional, government 2 per 1,000 square feet of gross floor area when located on the ground floor; 1 per 1,000 square feet of gross floor area when located on floors above the ground floor 4 per 1,000 square feet of gross floor area when located on the ground floor; 1 per 1,000 square feet of gross floor area when located on floors above the ground floor Portable food vendors/food trucks None required None required Restaurants/ba rs/ breweries, wineries, and distilleries 0.5 per 3 seats 1.0 per 3 seats Ordinance Amending Title 5 and Title 25 - 32 Use Category Minimum Maximum Retail sales and services 3 per 1,000 square feet of gross floor area 5 per 1,000 square feet of gross floor area Wholesale sales 3 per 1,000 square feet of gross floor area 5 per 1,000 square feet of gross floor area RESIDENTIAL USES Single-family detached 1 per unit 2 per unit Accessory dwelling units 0.5 per unit 1 per unit Single-family attached and two-family dwellings 1 per unit 2 per unit Multifamily dwellings 0.75 per unit 1.5 per unit Nursing homes and assisted living facilities 0.25 per bed 0.5 per bed RECREATIONAL AND ENTERTAINMENT USES Public and private parks and trails To be determined during land use approval process Event entertainment (indoor or outdoor)* *Does not apply to 1 per 8 seats 1 per 5 seats Ordinance Amending Title 5 and Title 25 - 33 Use Category Minimum Maximum parking for special events such as but not limited to concerts or performances with conveyance options (such as shuttle buses or vans) or shared parking within walking distance Theaters 1 per 4 seats 1 per 2.7 seats INSTITUTIONAL USES Hospitals and clinics 1 per bed or exam room 1.5 per bed or exam room Police and fire stations 2 per 1,000 square feet of gross floor area 4 per 1,000 square feet of gross floor area (13) Landscaping. (a) Surface parking lots shall be landscaped in accordance with PMC 25.180.070. (b) Single-family detached and attached residences and duplexes shall be landscaped in accordance with PMC 25.180.050(4). (c) Single-use commercial property shall be screened in accordance with PMC 25.180.050(3). Commercially used property in multistory and/or mixed-use buildings is exempt from screening requirements. (d) No landscape areas shall contain artificial grass, trees, plants or other artificial materials as a live vegetative substitute. Ordinance Amending Title 5 and Title 25 - 34 (e) There shall be at least one tree and three shrubs for every 300 square feet of landscaped area. (f) All landscape maintenance shall comply with the provisions of PMC 25.180.120. (g) Road Frontage. (i) Landscaped buffers on commercial properties adjacent to or across a public or private street or alley from residentially zoned properties must be a minimum of 15 feet in width and may additionally serve as a swale for stormwater; provided, that at least 50 percent of the total area is vegetated. Landscaped buffers may be substituted with a plaza with an average minimum width of 30 feet featuring two or more of the following features: street trees in pits, planters that are a minimum of three feet wide and three feet tall featuring vegetation, space for shaded outdoor seating (permanent or nonpermanent), benches, stamped concrete or pavers, protruding awnings, planted beds, ledges for seating, public art, monument signage, wayfinding signage; such plaza additionally serves to substitute for the need of any sidewalk; provided, that an eight-foot- wide unobstructed walking path is established and maintained. (ii) Landscaping in the unused portion of the right-of-way shall match the established landscaping pattern and theme for the street. (h) Pedestrian Walkways. (i) Excluding pedestrian connections through parking lots, walkways shall be landscaped their entire length. Trees shall be a minimum of three feet from sidewalks and curbs at the time of planting, except: (A) Where tree wells are utilized. (B) Where sidewalks exceed eight feet in width, in which case a five-foot walking area shall be reserved. (14) Transportation. (a) The internal transportation network of Osprey Pointe shall be designed to maximize multi-modal travel options. (b) All transportation infrastructure shall meet the intent of the City Complete Streets Ordinance (Chapter 12.15 PMC) and comply with the Ordinance Amending Title 5 and Title 25 - 35 International Fire Code. Dedication of public right-of-way is not required when private streets are used. (15) Design Standards (Transportation Osprey Pointe). (a) Applicability. This section applies to development located at Osprey Pointe. (b) Speed limits: 20 miles per hour. (c) Sidewalk Widths. (i) Residential: minimum six feet. (ii) Commercial/mixed use: minimum: 10 feet. (d) Local Access Streets. (i) Driving lane minimum width: 11 feet. (ii) Parking lane minimum width: eight feet. (iii) Dedicated bicycle lane: minimum width: five feet (where included). (e) Alleys. (i) Minimum: 20-foot width. (f) Private Street/Lane. (i) Private street improvements for streets providing access to uses which are not single-family residential shall meet the standards for local access roads, at a minimum, with the exception being that sidewalk must be present on at least one side and on-street parking must be present on one side. This will result in a roadway section, with curb and gutter, that measures 31 feet back-to-back of curb. Street lighting will be provided per the type chosen at the developer’s discretion. (ii) Private street improvements for streets providing access to single-family residential uses shall be designed to meet International Fire Code requirements for fire apparatus, including pavement markings and signage for “No Parking – Fire Lane.” Sidewalks are not required when pedestrian paths are provided with a design accommodating pedestrian circulation which is separated from Ordinance Amending Title 5 and Title 25 - 36 vehicle traffic movements. Streets lighting will be provided per the type chosen at the developer’s discretion. (iii) Private streets must not interfere with vehicle, public transportation, or nonmotorized access to public areas, and may not preclude the connection of the transportation system. (iv) Stormwater facilities must be designed to treat and retain all stormwater on site without any runoff entering City of Pasco right- of-way. (v) Every private street within the district shall be named, and names shall be clearly posted in accordance with the Manual on Uniform Traffic Control Devices (MUTCD) standard. (16) Design Standards (Transportation). (a) Applicability. This subsection does not apply to development located at Osprey Pointe. (b) All street improvements, grades, widths, construction, and design shall comply with the standards and specifications as set forth in the City’s adopted Standard Specifications, except as otherwise contained in this section. (c) Street layout must be designed for street connectivity between neighborhoods, be pedestrian and bicycle friendly, and promote function, safety and aesthetics with minimum adverse environmental impact. (d) Block Length. Blocks shall not exceed 660 feet unless no other practicable alternative is available, as determined by CED Director. (i) Exemptions may be permitted when one or more of the following conditions are met: (A) Physical characteristics preclude a block length of 660 feet or less. These conditions may include topography or the existence of physical features, including but not limited to wetlands, ponds, streams, channels, rivers, lakes or steep grades, or a resource under protection by state or federal law. (B) Buildings or other existing development on adjacent lands, including previously subdivided but vacant lots/parcels that physically preclude a block length of 660 feet or less, considering the potential for redevelopment. Ordinance Amending Title 5 and Title 25 - 37 (C) Where the extension of a public street into the proposed development would create a block length exceeding 660 feet, the total block length shall be as close to 660 feet as possible. (D) Where block length exceeds the provisions of this section, a mid-block pedestrian and bicycle connection or accessway shall be provided. (e) Cul-de-Sac Streets. Cul-de-sacs are not permitted. However, subject to the following, a cul-de-sac street may be allowed where the CED Director determines that environmental or topographical constraints, existing development patterns, legal restrictions, or compliance with other applicable City requirements preclude a street extension. Where the City determines that a cul-de-sac is the only reasonable option, all of the following standards shall be met: (i) Cul-de-sac streets shall have a maximum length of 300 feet measured from their centerline intersection with the public access street right-of-way to the turnaround. (ii) The cul-de-sac shall provide, or not preclude the opportunity to later install, a pedestrian and bicycle access way between it and adjacent developable lands. (f) Private Streets. Private streets may be allowed subject to the following: (i) Private street improvements shall meet the standards for local access roads. (ii) An enhanced pedestrian path may be provided in lieu of sidewalk construction where the design to accommodate pedestrian circulation is separated from vehicle traffic movements. (iii) Street lighting will be provided per the type chosen at the developer’s discretion. (iv) Private streets must not interfere with vehicle, public transportation or nonmotorized access to public areas, and may not preclude the connection of the transportation system. (v) Stormwater facilities must be designed to treat and retain all stormwater on site without any runoff entering City of Pasco right- of-way. Ordinance Amending Title 5 and Title 25 - 38 (vi) Every private street within the district shall be named, and names shall be clearly posted in accordance with the Manual on Uniform Traffic Control Devices (MUTCD) standard. (17) Building Design Standards. (a) Applicability. This subsection does not apply to development located at Osprey Pointe. (b) Intent. The intent of this subsection is to implement the goals and policies of the Comprehensive Plan by promoting high quality development using aesthetically pleasing designs, creating a safe pedestrian-oriented streetscape, upgrading Pasco’s visual identity, and reducing the impact of parking lots and blank walls. (c) All buildings within a multi-building complex must achieve unity of design through the use of similar architectural elements, such as roof form, exterior building design and materials, colors and window patterns. (d) All new buildings shall have exterior walls that are constructed of at least one but not more than three of the following materials: wood, brick, stucco, steel, block, glass, or composite materials and shall have textured, embossed, sculpted or painted finishes. Exterior walls must include more than two of the following architectural features: columns, pilasters, belt courses, brackets, arches, decorative molding, quoins and similar architectural features. Changes in materials shall occur at inside corners and not outside corners. (e) All new retail buildings shall have windows, doors or display areas that cover 50 percent of the ground floor frontage wall area (walls that face frontage streets). Structures facing residential zones or developments are not required to have a minimum amount of glass or display area but must have architectural design features and/or building modulation. (f) Pedestrian entries for all structures shall be visible from the frontage street, driveways, and off-street parking areas. Pedestrian entries must 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. (g) Signage affixed to the building must be no higher than the roofline of the building. Ordinance Amending Title 5 and Title 25 - 39 (h) Wall-mounted electrical and mechanical equipment shall be located on the less visible side of the building and obscured from public view. (i) Parklets and Public Space Cafés are allowed and shall adhere to standards set forth in Chapter 5.52. Sidewalk Seating. Any food or drink establishment may provide sidewalk seating for its customers adjacent to the place of business meeting the following provisions: (i) Five feet of unobstructed sidewalk must be maintained at all times for through travel. (ii) If the sidewalk is located in the right-of-way, the placement of tables shall be subject to the filing of a satisfactory hold-harmless agreement and primary liability insurance policy suitable to the City Attorney which will indemnify the City and release it from liability. (18) Screening Standards. (a) Applicability. This subsection does not apply to development at Osprey Pointe or residential development. (b) All equipment, material or goods not housed or stored within the primary structure shall be within a 100 percent sight-obscuring fence, wall or structure, with the exception that outdoor garden sales areas associated with retail buildings must additionally incorporate false walls in the fencing design that match or complement the architectural features of the main building walls. (c) Gas meters, electric service boxes and other mechanical equipment shall be screened from public view by sight-obscuring fence, walls, or planting materials. All equipment must remain accessible for the applicable utility. (19) Temporary Business Standards. (a) Applicability. This subsection does not apply to development at Osprey Pointe or to food trucks and other mobile vendors, which shall adhere to PMC 5.75 and PMC 25.165.215. (b) Temporary businesses are only permitted on lots that are fully developed with curb, gutter and sidewalk and improved with parking lots, landscaping and buildings. (c) Temporary businesses must be located at least 100 feet from the property line of any residentially zoned property. (d) Goods, wares and merchandise of any kind can only be displayed or offered for sale from the temporary business vehicle or conveyance. Ordinance Amending Title 5 and Title 25 - 40 (e) Limited ancillary or accessory equipment may be utilized with a temporary business and must be temporary in nature and easily removable, such as coolers, umbrellas, tents, tables, and chairs. The following types of ancillary or accessory equipment are not permitted to be used with a temporary business, including but not limited to: benches, picnic tables, propane tanks, awnings, carport structures, satellite dishes, recreational equipment, amusement devices, entertainment equipment, portable or temporary shelters, portable heaters, temporary lighting fixtures, decorative lighting, freezers/refrigerators not located on the business vehicle, carpet, fencing, and faux landscape elements. (f) Signage is only permitted on the temporary business vehicle and not on public right-of-way or in parking lots. (g) No advertising for services, activities and products that are not available on or from the temporary business vehicle is permitted. (h) Temporary businesses must be located at least 25 feet from any public right-of-way. (i) Temporary businesses must locate in an area of the parking lot that will not impede fire lanes or the use of drive aisles within and around parking lots. (j) Required off-street parking cannot be diminished by the location and operation of a temporary business except such parking spaces may be used for temporary businesses on weekends or holidays. (20) Sign Standards. (a) Applicability. This subsection does not apply to development located at Osprey Pointe. (b) No sign shall be erected, re-erected, constructed, painted, posted, applied or structurally altered except as provided in this section and pursuant to the approval of the Director of Community and Economic Development. All signs shall comply with the International Building Code and PMC Title 17 and conform to the following. (c) Prohibited Signs. (i) Signs, which by coloring, shape, wording or location resemble or conflict with traffic control signs or devices; and (ii) Signs that create a safety hazard. Ordinance Amending Title 5 and Title 25 - 41 (d) Permitted Signs. (i) Permanent subdivision signs or area name signs of a permanent character at street entrances or entrances to a specific area or development. These signs shall not exceed six feet in height; (ii) Temporary banners, flags, pennants which are maintained in good condition; (iii) Contractor, architect or engineer signs that identify the project are permitted during the period of construction; (iv) Standard official, directional, informational, warning, or safety signs and street signs; and (v) Portable reader boards, flashing, movable, or moving signs; provided, that such signs must not be located in view of any residentially zoned land located within 300 feet of the sign. (e) Nonconforming Signs. (i) Signs that were permanently installed and legally erected prior to the adoption of the ordinance codified in this chapter shall be allowed to remain in use so long as they are continuously maintained. (f) Relief. (i) Where relief is sought from the provisions of this subsection pertaining to signage standards, an application shall be made in the form of a letter explaining the relief sought and the reasons therefor, accompanied by a scaled site plan and a $100.00 fee. The complete application shall be filed with the Director of Community and Economic Development. Within 15 working days from the date of receipt of a complete application, the Director of Community and Economic Development shall issue a written decision to approve, approve with modifications, or deny the request for relief. Any decision of the Director of Community and Economic Development may be appealed to the City Council if written notice of appeal, which shall include all and exclusive reasons for said appeal, is filed with the Director of Community and Economic Development within 10 working days from the date of the decision. In the event a written decision is not issued by the Director of Community and Economic Development within the required time period, the application for relief shall automatically constitute a qualified and properly filed Ordinance Amending Title 5 and Title 25 - 42 notice of appeal and shall be considered by the City Council in accordance with this section. The City Council, within 30 calendar days from the date of filing of the appeal, shall consider the appeal at a regular meeting thereof, but such consideration shall be limited to the reasons included in the written notice of appeal and shall include the written decision of the Director of Community and Economic Development and the reasons therefor. The City Council may affirm, modify or reverse the decision of the Director of Community and Economic Development. [Ord. 4668A § 2, 2024; Ord. 4668 § 2, 2023; Ord. 4514 § 2, 2021.] Section 9. That Section 25.85.020 entitled “Permitted uses” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows. 25.85.020 Permitted uses. The following uses shall be permitted in the C-1 district: (1) All uses permitted in the O office district; (2) Automobile detail shops and automobile rental or leasing; (3) Banks; (4) Dancing schools; (5) Hotels and motels; (6) Printing shops; (7) Restaurants; (8) Stores and shops for the conduct of retail business; (9) Stores and shops for repair and similar services such as: (a) Bakeries, retail for distribution from the premises; (b) Barbershops and beauty shops; (c) Catering establishments; (d) Garage and filling stations, provided: Ordinance Amending Title 5 and Title 25 - 43 (i) All outdoor repair work is “minor” as defined by PMC 25.15.150; and (ii) The garage or filling station conducting outdoor repair work was in existence and conducting outdoor auto repair prior to September 1, 2013; and (iii) The number of vehicles undergoing outdoor repair does not exceed the capacity of the existing outdoor repair facilities, or no more than two vehicles if there are no existing outdoor repair facilities; and (iv) The number of vehicles stored outdoors and awaiting customer pick-up cannot exceed the capacity of the indoor and outdoor auto repair facilities; and further provided, that all vehicles must be kept on the business premises; and (v) Pumps, lubrication or other devices are located at least 15 feet from any street property line; and (vi) All stored automobile parts and dismantled or inoperable automobiles are contained within the building, except material on outdoor display racks. (e) Laundromats and dry-cleaning establishments employing not more than five persons; (f) Locksmith shops; (g) Offices; (h) Membership clubs; (i) Photo shops; (j) Shoe repair shops; (k) Upholstery shops. (10) Sign shops, commercial (no outdoor storage of materials); (11) Theaters; (12) Veterinarian clinics for household pets (no boarding or outdoor treatment facilities); Ordinance Amending Title 5 and Title 25 - 44 (13) Parking lots within 500 feet of a C-2 district boundary, provided such lots are paved and half of the required landscape is live vegetation; and provided further, that any such property adjacent to a residential zoned parcel shall provide a sight- obscuring fence along the common lot line(s) in accordance with residential fence height requirements; (14) Car washes provided they are located more than 300 feet from a residential district; and (15) Cannabis retail facilities as defined in PMC 25.15.050 and pursuant to PMC 25.10.025. (16) Food Truck Parks as defined in PMC 25.15.080 and pursuant to PMC 25.165.215. [Ord. 4670 § 6, 2023; Ord. 4197 § 1, 2014; Ord. 4121 § 2, 2013; Ord. 4110 § 18, 2013; Ord. 3354 § 2, 1999; Code 1970 § 25.42.020.] Section 10. That Section 25.90.020 entitled “Permitted uses” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.90.020 Permitted uses. The following uses shall be permitted in the C-2 district: (1) Amusement game centers; (2) Antique stores as defined by PMC 25.15.030; (3) Artist and office supplies; (4) Bakeries; (5) Banks and financial institutions; (6) Barber and beauty shops; (7) Billiard and pool halls; (8) Bookstores, except adult bookstores; (9) Card rooms, bingo parlors, dance halls, nightclubs and similar places; (10) Clothing, shoes and accessories, and costume rentals; (11) Consignment stores (PMC 25.165.160) and thrift shops (PMC 25.165.170); Ordinance Amending Title 5 and Title 25 - 45 (12) Crafts, stationery and gift shops; (13) Department and drug stores; (14) Electronic sales and repair stores; (15) Fresh and frozen meats, including seafood; (16) Florists; (17) Furniture and home appliance stores; (18) Galleries for art and restored or refinished antiques; (19) Grocery stores with less than 10,500 square feet of gross floor area; (20) Hardware and home improvement stores; (21) Import shops; (22) Jewelry and gem shops, including custom work; (23) Offices for medical and professional services; (24) Massage businesses; (25) Membership clubs; (26) Restaurants, sandwich shops, cafeterias and delicatessens; (27) Sporting goods; (28) Tailoring and seamstress shops; (29) Tattoo shops or businesses; (30) Taverns and bars; (31) Theaters for movies and performances, except adult theaters; (32) Public markets for fresh produce and craft work; (33) Parking lots; (34) Micro-breweries, micro-wineries and tasting rooms; Ordinance Amending Title 5 and Title 25 - 46 (35) Research, development and assembly facilities for component devices and equipment of an electrical, electronic or electromagnetic nature; (36) Home brewing and/or winemaking equipment sales; (37) Dwelling units, provided the units are within the principal building, are all above the ground floor of said building, the ground floor of said building is designed or intended to be used for a use permitted in this section, and there is at least one dedicated and off-street parking space for each unit; and (38) Cannabis retail facilities as defined in PMC 25.15.050 and pursuant to PMC 25.10.025. (39) Food Truck Parks as defined in PMC 25.15.080 and pursuant to PMC 25.165.215. [Ord. 4670 § 7, 2023; Ord. 4556 § 1, 2021; Ord. 4356 § 2, 2017; Ord. 3354 § 2, 1999; Code 1970 § 25.44.020.] Section 11. That Section 25.110.020 entitled “Permitted uses” of the Pasco Municipal Code shall be and hereby is amended and shall read as follow: 25.110.020 Permitted uses. The following uses shall be permitted in the business park district: (1) Administrative professional and business offices; (2) Research laboratories and facilities; (3) Testing laboratories and facilities; (4) Research and development facilities for the creation of prototypes; (5) Manufacturing assembly testing and repair of component devices, equipment and systems of an electrical, electronic or electromagnetic nature; (6) Manufacture testing, repair and assembly of optical devices, equipment and systems; (7) Manufacture testing, repair and assembly of testing equipment; (8) Pharmaceutical laboratory; (9) Blueprinting, photocopying, photoengraving, and film processing; Ordinance Amending Title 5 and Title 25 - 47 (10) Printing; (11) Manufacture of ceramic products using only previously culturized clay and using kilns fired only by electricity or gas; (12) Manufacture of control devices and gauges; (13) Industrial medical facilities; (14) Cafeteria, restaurant; (15) Offices; and (16) Stores and shops for the conduct of retail business, excluding repair shops and any automotive-related retail or service businesses; (17) Motels and hotels. (18) Food Truck Parks as defined in PMC 25.15.080 and pursuant to PMC 25.165.215. [Ord. 3879 § 1, 2008; Ord. 3354 § 2, 1999; Code 1970 § 25.50.020.] Section 12. That Section 25.115.020 entitled “Permitted uses” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.115.020 Permitted uses. Uses permitted in the I-1 district shall be: (1) All uses permitted in the C-3 district; (2) Building material storage yard; (3) Trucking, express and storage yards; (4) Contractor’s plant or storage yards; (5) Laboratories, experimental; (6) Automotive assembly and repair; (7) Kennels; (8) Creamery, bottling, ice manufacture and cold storage plant; Ordinance Amending Title 5 and Title 25 - 48 (9) Blacksmith, welding or other metal shops, excluding punch presses over 20 tons rated capacity, drop hammers, and the like; (10) The manufacturing, compounding, processing, packaging of cosmetics, pharmacology and food products, except fish and meat products, and the reducing and refining of fats and oils; (11) Printing plant; (12) Parking lots within 500 feet of a C-2 district boundary, provided such lots are paved and the development complies with the landscape and fencing requirements of the C-1 district, as enumerated in PMC 25.85.020(13); and (13) Cannabis retail facilities as defined in PMC 25.15.050 and pursuant to PMC 25.10.025. (14) Food Truck Parks as defined in PMC 25.15.080 and pursuant to PMC 25.165.215. [Ord. 4670 § 9, 2023; Ord. 4110 § 23, 2013; Ord. 3354 § 2, 1999; Code 1970 § 25.52.020.] Section 13. That Section 25.120.020 entitled “Permitted uses” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.120.020 Permitted uses. Uses permitted in the I-2 district shall be: (1) All uses not otherwise prohibited by law, but no residential buildings shall be permitted; and (2) Junkyards, automobile wrecking yards, scrap iron, scrap paper, or rag storage, sorting or bailing shall be permitted, provided: (a) An eight-foot, sight-obscuring fence must be constructed and inspected prior to the issuance of a certificate of occupancy for use of the goods. The fence shall be of solid single neutral color. (b) No automobile or parts thereof, junk or salvage materials or parts thereof shall be visible from any public right-of-way. All materials or parts shall be located within the fenced area. (c) Fire lanes shall be provided as required in the International Fire Code. Ordinance Amending Title 5 and Title 25 - 49 (d) A performance bond for $1,000 shall be required prior to the issuance of an occupancy permit, to ensure compliance with provisions of this section. The bond shall remain in force as long as the use exists. (e) The permit shall be granted for a period not to exceed two years, and at the end of such period an inspection shall be made of the premises to determine the advisability of renewing such permit. (3) Cannabis retail facilities as defined in PMC 25.15.050 and pursuant to PMC 25.10.025. (4) Food Truck Parks as defined in PMC 25.15.080 and pursuant to PMC 25.165.215. [Ord. 4670 § 10, 2023; Ord. 3354 § 2, 1999; Code 1970 § 25.54.020.] Section 14. That Section 25.125.020 entitled “Permitted uses” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.125.020 Permitted uses. The following shall be permitted in the I-3 zone: (1) All uses not otherwise prohibited by law, except those listed in PMC 25.125.030. (2) Cannabis retail facilities as defined in PMC 25.15.050 and pursuant to PMC 25.10.025. (3) Food Truck Parks as defined in PMC 25.15.080 and pursuant to PMC 25.165.215. [Ord. 4670 § 11, 2023; Ord. 3354 § 2, 1999; Code 1970 § 25.56.020.] Section 15. That Section 25.127.020 entitled “Permitted uses” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.127.020 Permitted uses. The following uses shall be permitted in the mixed-use district: (1) Commercial, office, educational, and government uses: (a) All uses permitted in the “O” office district; Ordinance Amending Title 5 and Title 25 - 50 (b) Artisan manufacturing; provided, that such uses are intended to be compatible with surrounding development and shall adhere to the following requirements: (i) Structures shall not encompass more than 10,000 square feet of area, and the 10,000 square foot total shall include all indoor storage areas associated with the manufacturing operation. (ii) Outdoor storage is prohibited. (iii) Loading docks. Where the site abuts a residential use, the building wall facing such lot shall not have any service door openings or loading docks oriented toward the residential use. (iv) Public viewing. Artisan manufacturing uses must accommodate public viewing or a customer service space. Public viewing shall be accomplished with windows or glass doors covering at least 25 percent of the front of the building face abutting the street or indoor lobby wall, allowing direct views of manufacturing. The display area may be reduced below 25 percent where fire-rated separation requirements restrict opening size as determined by the building official. A customer service space including a showroom, tasting room, restaurant or retail space may be provided that substitutes for the exterior public viewing area. (v) All uses shall not emit smoke, gas, odor, dust, sound, vibration, soot, heat, glare, or light that is detectable beyond the property line; (c) Banks and financial institutions; (d) Bars, taverns, and craft breweries, boutique wineries, and small- scale distilleries and/or tasting rooms (any production of product shall be small-scale in nature, with annual production limited to 300 barrels per year of beer or equivalent product); (e) Churches and similar places of worship (Osprey Pointe, only); (f) Dancing schools; (g) Gyms and fitness centers; (h) Hotels and motels; (i) Laundries/dry cleaners; Ordinance Amending Title 5 and Title 25 - 51 (j) Portable food vending/food trucks; (k) Printing shops; (l) Public or commercial parking garages; (m) Public markets for fresh produce and craft work; (n) Restaurants and eating establishments, including food halls with shared common areas; (o) Stores and shops for the conduct of retail business and similar services in buildings not exceeding 40,000 gross square feet, except that the maximum areas are 80,000 gross square feet at Osprey Pointe, such as: (i) Bakeries, retail for distribution from the premises; (ii) Barber and beauty shops; (iii) Bookstores, except adult bookstores; (iv) Catering establishments; (v) Artist and office supplies; (vi) Florists; (vii) Specialty retail stores; (viii) Museums and art galleries; (ix) Clothing, shoes and accessories, and costume rentals (new/unused materials only); (x) Crafts, stationery, and gift shops; (xi) Department and drug stores; (xii) Grocery or specialty food stores; (xiii) Furniture and home appliance stores; (xiv) Import shops; (xv) Jewelry and gem shops, including custom work; Ordinance Amending Title 5 and Title 25 - 52 (xvi) Shoe repair shops; (xvii) Sporting goods stores; (xviii) Tailor and seamstress shops; (xix) Upholstery shops; (p) Locksmith shops; (q) Membership clubs; (r) Theaters (movie or live theater); (s) Veterinary clinics serving household pets (no boarding or outdoor treatment facilities); and (t) Universities, colleges, and business, professional, technical, and trade schools. (u) Food Truck Parks as defined in PMC 25.15.080 and pursuant to PMC 25.165.215. (2) Residential Uses. (a) Specific Limitations at Osprey Pointe. (i) Single-family detached dwellings may be located west of the alignment of South Maitland Avenue at densities prescribed under PMC 25.127.070; (ii) Attached single-family dwellings (duplexes and townhouses) may be located east of the extension of South Maitland Avenue, but no further than 500 feet east of the alignment of South Oregon Avenue at densities prescribed under PMC 25.127.070; and (iii) Multifamily dwellings may be located no further than 500 feet east of the alignment of South Oregon Avenue; (iv) Short-term vacation rental uses, and bed and breakfasts, may be established where residential uses are allowed; (b) Single-family dwellings (including zero-lot-line dwellings); (c) Two-family and multiple (family) dwellings; and Ordinance Amending Title 5 and Title 25 - 53 (d) Recreational facilities for residents (i.e., playground, basketball court, bocce ball court). (3) Recreational and Entertainment Uses. (a) Specific Provisions at Osprey Pointe. (i) Indoor and outdoor event and entertainment uses and facilities (commercial or public), not to exceed 15 acres; (ii) Marinas and marine repair facilities; (iii) Mixed-use buildings containing any combination of residential, commercial, office, educational, and government facilities in a single building; and (iv) Public and private parks and trails. (b) Indoor and outdoor event and entertainment uses and facilities (commercial or public). [Ord. 4668 § 2, 2023; Ord. 4514 § 2, 2021.] Section 16. That Section 25.80.020 entitled “Permitted uses” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.80.020 Permitted uses. The following uses shall be permitted in the office district: (1) Administrative and professional offices, such as lawyers, engineers, real estate, accountants and insurance offices; (2) Medical and dental offices; (3) Museums and art galleries; (4) Governmental offices, excluding police and fire stations; and (5) Funeral homes. (6) Food Truck Parks as defined in PMC 25.15.080 and pursuant to PMC 25.165.215. [Ord. 3354 § 2, 1999; Code 1970 § 25.41.020.] Ordinance Amending Title 5 and Title 25 - 54 Section 17. 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 18. 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 19. 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 5th day of August, 2024. ______________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ _______________________________ Debra Barham, MMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: Sunday, August 11, 2024