HomeMy WebLinkAboutSP 2025-009 Soriano's Daycare Center decisionCITY OF PASCO
LAND USE HEARING EXAMINER
IN THE MATTER OF ) FINDINGS OF FACT,
CONCLUSIONS OF LAW,
SP2025-009 ) DECISION AND
Soriano's Daycare Center ) CONDITIONS OF APPROVAL
THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on July 9,
2025, the Hearing Examiner having taken evidence hereby submits the following Findings of Fact,
Conclusions of Law, Decision and Conditions of Approval as follows:
I. FINDINGS OF FACT
1. APPLICANT: Maria Soriano Prieto; 611 N Cedar Ave; Pasco, WA 99301
2. REQUEST: Special Permit: The applicant proposes to convert an existing single-family
residence into a daycare facility serving school -age children before and after school. The residence will
be fully converted to a non-residential use, operating exclusively as a licensed daycare center. The
proposed facility will accommodate up to 15 school -age children and one employee. As part of the
project, the applicant also plans to expand the existing driveway.
3. TIMELINE
3.1. May 16, 2025 Special Permit Application, SP2025-009, Submitted
3.2. May 22, 2025 Application Deemed Complete
3.3. June 19, 2025 Notice of Public Hearing for SP2025-009 Mailed to Properties Within 300 Feet of
the Proposal
3.4. June 22, 2025 Notice for Public Hearing for SP2025-009 Published in Tri-City Herald
3.5. June 27, 2025 Public Hearing Staff Report Published
4. PROPERTY DESCRIPTION:
4.1. Legal: BROADWAY PLACE PHASE 1 LOT 5
4.2. Parcel: 113760090
4.3. General Location: Located northwest of East Lewis Street and Heritage Boulevard, north of East
Broadway Street.
4.4. Property Size: 0.18 acres.
5. ACCESS: The property has access on North Cedar Avenue.
6. UTILITIES: Municipal water and sewer are available in North Cedar Avenue.
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7. LAND USE AND ZONING: The site is zoned R-1-A (Low Density Residential Alternate). The site is
currently developed as a single-family dwelling. Surrounding properties are zoned and developed as
follows:
7.1. North:
R-1-A
Single Family Dwelling Units
7.2. East:
R-1-A
Single Family Dwelling Units
7.3. South:
R-1-A
Single Family Dwelling Units
7.4. West:
R-1-A
Single Family Dwelling Units
8. COMPREHENSIVE PLAN: The City of Pasco (City) Comprehensive Plan designates the site as
"Low Density Residential". The Low -Density Residential designation is described as a variety of
residential housing at a density of 3 to 6 dwelling units per acre, and may be assigned R-S-20, R-S-12,
R-S-1, R-1, R-1-A, and R-1-A2 zoning designations. Please note that the proposed conversion into a
daycare center is classified as a conditional use permit within the R-1-A zoning district.
ENVIRONMENTAL DETERMINATION: The City has determined this proposal to be exempt
under Washington Administrative Code (WAC) 197-11-800 (6) Land use decisions. (b) Other land use
decisions not qualified for exemption under subsection (a) (such as a home occupation or change of
use) are exempt provided: (i) The authorized activities will be conducted within an existing building or
facility qualifying for exemption under WAC 197-11-800 (1) and (2); and (ii) The activities will not
change the character of the building or facility in a way that would remove it from an exempt class. (2)
Other minor new construction. (f) Additions or modifications to or replacement of any building or
facility exempted by subsections (1) and (2) of this section when such addition, modification or
replacement will not change the character of the building or facility in a way that would remove it from
an exempt class.
10. History
10.1. The subject property was annexed into the City in 1979 through Ordinance No. 2016 and
was initially assigned an R-T zoning designation by Resolution No. 1202. Since annexation, the
property has undergone multiple zoning changes —first from R-T to C-1/RMH-2, and later from
C-1/RMH-2 to RMH-1 (Residential Factory Assembled Structure), now known as R-1-A, as
established by Ordinance No. 3 73 1.
10.2. The site remained undeveloped until 2004, when the final plat for Broadway Place Phase
One was recorded. A building permit was issued later that year for the construction of the existing
single-family dwelling. Since then, permits for accessory improvements such as fencing, patio
covers, and minor site modifications have been completed.
11. CITY STAFF FINDINGS OF FACT: The following findings were recited in the Staff Report,
received by the Hearing Examiner as Ex. A:
11.1. The applicant proposes to convert an existing single-family dwelling into a daycare center
serving school -age children.
11.2. Pursuant to Pasco Municipal Code (PMC) 25.50.040(5), daycare centers and preschool
centers are permitted in the zoning district subject to approval of a special permit.
11.3. According to PMC 25.15.060, a "day-care center" is defined as a facility that provides
regularly scheduled care for more than 12 children or adults for periods of less than 24 hours. A
"preschool center" similarly provides custodial care and/or organized educational experiences for
more than 12 children.
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11.4. The applicant states that the facility will serve up to 15 school -age children and will employ
one staff member.
11.5. Under RCW 43.216.010(27), a "school -age child" is defined as a child between the ages
of 5 and 12 who is attending public or private school.
11.6. Per PMC 25.185.170, off-street parking for daycare centers is calculated at a rate of one
space per employee and one space per six children.
11.7. Based on the proposed staffing and enrollment, four off-street parking spaces are required.
11.8. The applicant proposes to construct four off-street parking spaces within the front yard area
to meet this requirement.
11.9. Pursuant to PMC 12.04.100 (1)(c) No single driveway shall be wider than 34 feet or 50
percent of the lot frontage, whichever is smaller.
11.10. At 62.7' lot frontage the maximum driveway width (where it meets right-of-way) is 31.35'.
11.11. The applicant is proposing a 36' wide driveway exceeding the maximum allowed. This
would need to be reduced (where it meets right-of-way) to 31.35' and angled to meet PMC
12.04.100 (1)(c).
11.12. Pursuant to PMC 25.15.270 "Yard, front" means an open and unoccupied space extending
the full width of the lot between any building and the street right-of-way the building is addressed
from. The front yard shall be determined by measuring perpendicular from the street right-of-way
to the closest point of the building.
11.13. Under PMC 25.185.030(4), vehicle parking in front yards is limited to the area formed by
parallel lines extending from the outer dimensions of a garage, carport, or parking slab. An
additional area of up to 10 feet by 20 feet between the nearest side property line and the driveway
may be used for extra parking.
11.14. The proposal does not align with PMC 25.185.030(4) more specifically the additional area
of up to 10 feet by 20 feet between the nearest side property line and the driveway may be used
for extra parking.
11.15. Per PMC 25.180.050(4), at least 50 percent of the required front yard (excluding the
driveway) must be landscaped with live vegetation.
11.16. Per PMC 25.180.030 "Live vegetation" means healthy nursery stock consisting of shrubs,
trees, ground cover or lawn. Live vegetation does not include weeds, bark or other mulches,
ornamental stone or artificial plants.
11.17. The property contains approximately 1,913 square feet of total front yard area.
11.18. After subtracting the 400-square-foot driveway area (which is excluded from the live
vegetation calculation), the remaining 1,513 square feet is subject to the 50% landscaping
requirement. Therefore, a minimum of 756.5 square feet of live vegetation is required.
11.19. The applicant proposes a 1,116-square-foot driveway (36 feet by 31 feet). Of this, 716
square feet encroaches into the area subject to live vegetation requirements and is counted against
that requirement.
11.20. After accounting for the driveway encroachment, the applicant proposes approximately
797 square feet of live vegetation within the front yard area, thereby satisfying the minimum
required 756.5 square feet.
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11.21. Pursuant to Ordinance No. 4767, the applicable Traffic Impact Fee for Institutional Land
Use Code 565 — daycare Center is $4,961.69. This calculation is based on an enrollment of 15
students, credit for one existing single-family dwelling unit on the site, and a 44% pass -by rate
associated with the daycare center use.
11.22. Per PMC Table 17.15.010 Permanent signs l sign is allowed at 16 square feet in area.
12. CITY STAFF CONCLUSIONS BASED ON FINDINGS OF FACT: The following conclusions
were advanced in the Staff Report, received by the Hearing Examiner as Ex. A:
12.1. As per PMC 25.200.080, Upon conclusion of the open record hearing, the Hearing
Examiner shall make and enter findings from the record and conclusions thereof as to
whether or not:
12.1.1. (1) The proposal is in accordance with the goals, policies, objectives, maps and/or
narrative text of the Comprehensive Plan;
12.1.1.1. Economic Development Element Policy ED-1-A: Promote an environment which
supports the development and expansion of business opportunities. The proposal would
allow the expansion of an existing home -based daycare into a licensed daycare center,
enhancing childcare services for the community and supporting small business growth.
The home -based daycare has been in continuous operation at this location since 2015,
totaling approximately 10 years of service.
12.1.2. (2) The proposal will adversely affect public infrastructure;
12.1.2.1. Access to the site is largely established, with existing curb, gutter, sidewalk, and
street lighting already in place. A portion of the driveway is proposed to be expanded to
satisfy current off-street parking requirements. While the proposed expansion does not
fully meet code in its current form, minor modifications —such as angling the driveway
at its connection to the right -of -way --could bring it into compliance. This adjustment
is anticipated to have minimal impact on existing public infrastructure.
12.1.2.2. Additionally, the conversion of the existing single-family dwelling into a daycare
center may increase the demand on City utilities and result in adjustments to utility
billing to reflect the change in use.
12.1.3. (3) The proposal will be constructed, maintained and operated to be in harmony with
the existing or intended character of the general vicinity;
12.1.3.1. Surrounding properties are primarily developed with single-family residential
uses. While the proposed daycare center may introduce activity levels that differ slightly
from typical residential patterns, it is a use specifically permitted through a special
permit within the residential zone.
12.1.3.2. The only exterior site modification proposed is a minor expansion of the existing
driveway, which does not currently meet residential driveway standards under the PMC.
However, the code does not clearly indicate whether commercial driveway standards
apply in this context, as it explicitly provides a pathway for daycare centers to operate
in residential neighborhoods.
12.1.3.3. It is also relevant to note that Engrossed Substitute Senate Bill 5184, which is set
to take effect soon and is expected to be incorporated into the PMC, will prohibit cities
from requiring off-street parking for daycare centers (per Section 2. (3)(e)). This
pending legislation supports the reasonableness of allowing the daycare center to
operate without requiring modifications to off-street parking.
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12.1.3.4. In addition, the PMC previously required driveways to lead into a garage or
carport, which effectively limited driveway placement. This provision was eliminated
with the adoption of Ordinance 4700AA in December 2023. However, the outdated
reference in PMC 25.185.030(4) remains, contributing to confusion regarding driveway
boundary standards.
12.1.3.5. Interior modifications required under the International Fire Code (IFC)--such as
the installation of a fire sprinkler system —will not alter the building's exterior or impact
the residential character of the site.
12.1.4. (4) The location and height of proposed structures and the site design will discourage
the development of permitted uses on property in the general vicinity or impair the value
thereof;
12.1.4.1. The proposal does not include any changes to the height or overall massing of the
existing structure. The only exterior modification involves a minor expansion of the
driveway. While it is currently unclear whether the proposed driveway configuration
fully complies with the PMC, the modification does not affect the building's height or
bulk and is not anticipated to impact adjacent properties.
12.1.4.2. The location and overall site design will remain largely unchanged, and the
proposed use is not expected to discourage the development of other permitted uses in
the vicinity or negatively affect surrounding property values.
12.1.5. (5) The operations in connection with the proposal will be more objectionable to
nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights
than would be the operation of any permitted uses within the district;
12.1.5.1. The proposed daycare center will operate primarily before and after school hours
and indoors, with limited outdoor play periods typical of similar home -based childcare
operations. No fumes, vibrations, dust, or flashing lights are associated with the use.
12.1.5.2. While there may be a modest increase in vehicle traffic due to pick-up and drop-
off activities, it is not expected to exceed the traffic generated by other permitted uses
in the residential district, such as home occupations or accessory dwelling units.
Additionally, access to the site is already established, and only minimal modifications
to the driveway are proposed.
12.1.5.3. Overall, the nature and scale of the daycare center are compatible with the
surrounding neighborhood and are not anticipated to create impacts that would be
considered more objectionable than other uses permitted outright in the zone.
12.1.6. (6) The proposal will endanger the public health or safety if located and developed
where proposed, or in any way will become a nuisance to uses permitted in the district.
12.1.6.1. The proposed daycare center will be required to comply with all applicable local,
state, and federal regulations related to building safety, health, and fire protection,
including licensing requirements and life -safety standards enforced by the Washington
State Department of Children, Youth, and Families (DCYF) and the IFC.
12.1.6.2. The use will be located within an existing residential structure that has functioned
as a licensed home daycare for nearly 10 years, with no known history of nuisance
complaints or safety violations through the City.
12.1.6.3. Operations are not expected to generate excessive noise, traffic, or activity beyond
what is typical for other residential or home -based uses. Therefore, the proposal is not
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anticipated to pose a threat to public health or safety, nor is it likely to create a nuisance
to surrounding permitted residential uses.
13. An open record public hearing was held, after legal notice, on July 9, 2025.
14. Appearing and testifying on behalf of the Applicant was the Applicant herself, Maria Soriano Prieto, of
611 N Cedar Avenue, Pasco, Washington. Ms. Soriano testified that she agreed with the representations
set forth within the staff report and the proposed Conditions of Approval.
15. No member of the public testified at the hearing.
16. Ten (10) written comments were submitted in support of the application. They are received as Ex. C.
17. One (1) written comments was submitted in opposition to the application. It is received as Ex. D.
18. The following exhibits were admitted into the record:
18.1. Ex A Staff Report;
18.2.
Ex. B
Remainder of Planning Staff File.
18.3.
Ex. C
Compiled written comments in support.
18.4.
Ex. D
Written comment in opposition.
19. The Hearing Examiner takes official notice of the engrossed text and history of Senate Bill 5184. Senate
Bill 5184 was signed into law on May 7, 2025, with an effective date of July 27, 2025. Section 2(3)(e)
of the bill dictates that a city may not require any minimum parking requirements for... [c]hild care
centers as defined in RCW 43.216.010 that are licensed or certified by the Department of Children,
Youth, and Families.
20. The City of Pasco Hearing Examiner considered all evidence within the record in rendering this
decision.
21. HEARING EXAMINER'S DISPOSITIVE FINDINGS:
21.1. The proposal IS IN ACCORDANCE with the goals, policies, objectives, maps and/or
narrative text of the Comprehensive Plan. The staff representations set forth in Paragraph
12.1.1.1, above, are persuasive and hereby adopted as finding(s) of fact.
21.2. The proposal will NOT adversely affect public infrastructure. As noted in the Staff
Report, access to the site is largely established, with existing curb, gutter, sidewalk, and street
lighting already in place. Modifications to increase on -site parking cannot be required beyond the
effective date of Senate Bill 5184, July 27, 2025. If the Applicant chooses to expand on -site
parking in a similar manner to the proposed site plan, the staff representations set forth in
Paragraph 12.1.2.1, above, are persuasive and hereby adopted as finding(s) of fact —in particular,
that parking expansion, adjusted to conform to applicable sections of the Pasco Municipal Code,
is anticipated to have minimal impact on existing public infrastructure. The staff representations
set forth in Paragraph 12.1.2.2, above, are persuasive and hereby adopted as finding(s) of fact.
21.3. The proposal WILL BE constructed, maintained and operated to be in harmony with
the existing or intended character of the general vicinity. The staff representations set forth in
Paragraph 12.1.3, above, are persuasive and hereby adopted as finding(s) of fact.
21.4. The location and height of proposed structures and the site design will NOT
discourage the development of permitted uses on property in the general vicinity or impair
the value thereof. The staff representations set forth in Paragraph 12.1.4, above, are persuasive
and hereby adopted as finding(s) of fact.
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21.5. The operations in connection with the proposal will NOT be more objectionable to
nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than
would be the operation of any permitted uses within the district. The staff representations set
forth in Paragraph 12.1.5, above, are persuasive and hereby adopted as finding(s) of fact.
21.6. The proposal will NOT endanger the public health or safety if located and developed
where proposed, or in any way will become a nuisance to uses permitted in the district. The
staff representations set forth in Paragraph 12.1.6, above, are persuasive and hereby adopted as
finding(s) of fact.
22. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this
reference.
II. CONCLUSIONS OF LAW
1. The Hearing Examiner has been granted the authority to render this decision.
2. As conditioned, this project is consistent with the Pasco Comprehensive Plan and Pasco Municipal
Code.
3. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this
reference.
III. DECISION
Based on the above Findings of Fact and Conclusions of Law, SP2025-009 is hereby APPROVED
subject to the following Conditions of Approval.
IV. CONDITIONS OF APPROVAL
1. The Special Permit shall apply to 611 North Cedar Avenue (Parcel No. 113760090) including any
subsequent legal subdivisions thereof.
2. Pursuant to Senate Bill 5184, no expansion of on -site parking for the project shall be required;
otherwise, the project shall be constructed and operated in substantial conformance with the site plan
submitted with the Special Permit application, as included in the July 2025 Hearing Examiner packet.
3. If on -site parking expansion is undertaken, any modification to the existing driveway or parking area
shall comply with all applicable provisions of the Pasco municipal code, including but not limited to
PMC 12.04.100 (1)(c) requirement that the driveway be no wider than 31.35 feet.
4. The operator shall maintain all required licenses and approvals from the DCYF and shall comply with
all applicable state and local health, building, and safety regulations.
5. The maximum number of children enrolled at the daycare center shall not exceed 15 and the maximum
number of employees shall not exceed 1 as approved by DCYF and the Fire Marshal.
6. Staggered pick-up and drop-off times are encouraged to reduce traffic impacts. No queuing is permitted
in the public right-of-way.
7. Prior to occupancy, any modifications to the driveway shall be reviewed and approved by the City
through a building and right-of-way permit.
8. Outdoor playtime shall be limited to designated fenced areas and scheduled to mitigate disruption to
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adjacent properties.
9. The applicant shall obtain all necessary permits for interior modifications, including installation of a
fire sprinkler system, if required by the Fire Marshal or applicable building code.
10. The special permit is valid only for a daycare center use as described in the application and supporting
materials. Any expansion in enrollment or change in use shall require additional review and approval.
11. The special permit shall expire if the daycare center use is discontinued for more than 12 consecutive
months.
Dated this day of July, 2025
CITY OF PASCO HEARING EXAMINER, PRO TEM
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JA . EY STONE
Absent a timely appeal, this Decision is final'
' See Ch. 36.70C RCW (establishing a 21 day appeal period to superior court, and setting forth necessary review
contents, along with filing and service requirements).
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