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HomeMy WebLinkAbout2006.07.31 Council Workshop Packet AGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. July 31,2006 1. CALL TO ORDER 2. VERBAL REPORTS FROM COUNCILMEMBERS: 3. ITEMS FOR DISCUSSION: (a) Tri-Cities Visitor & Convention Bureau. (NO WRITTEN MATERIAL ON AGENDA). Presentation by: Kris Watkins, President and CEO Tri-Cities Visitor and Convention Bureau. (b) Benton Franklin Housing Continuum of Care 1110-Year Plan to Reduce Homelessness." (NO WRITTEN MATERIAL ON AGENDA). Presentation by: Deborah Bluher, Vice- Chairperson,Benton Franklin Housing Continuum of Care. (c) Historic Preservation Ordinance: 1. Agenda Report from Richard J. Smith, Community & Economic Development Director dated July 21, 2006. 2. Draft Historic Preservation Ordinance. (d) Sign Code Amendment: 1. Agenda Report from Richard J. Smith, Community &Economic Development Director and David I. McDonald, City Planner dated July 27, 2006. 2. Memo on Sign Code Amendment from the City Attorney. 3. Revised Draft Ordinance. (e) Senior Center Facility and Programs Study: 1. Agenda Report from Paul Whitemarsh, Recreation Services Manager dated July 24,2006. 2. Proposed Agreement with Gerontological Consultants Northwest, Inc. (f) Burden Boulevard Widening; Project No. 05-3-06: 1. Agenda Report from Doug Bramlette, City Engineer dated July 26, 2006. 2. Vicinity Map. 3. Bid Summary. 4. Resolution No. 2378. (g) Replace 1988 Rescue/Grass Fire Truck: 1. Agenda Report from Gregory L. Garcia, Fire Chief dated July 19,2006. (h) Amendment of PMC 16.06: 1. Agenda Report from Gary Crutchfield, City Manager dated July 27, 2006. 2. PMC Chapter 16.06 (Utility Service Requirements for Building Permits). 3. Map depicting areas excepted from requirement. 4. OTHER ITEMS FOR DISCUSSION: {a) (b) (c) 5. EXECUTIVE SESSION: (a) (b) (c) 6. ADJOURNMENT. Reminders: 1. 12:00 p.m., Wednesday, August 2, 1135 E. Hillsboro Street - Franklin County Mosquito Control District Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; JOE JACKSON,AIt.) 2. 5:30 p.m., Wednesday, August 2, DOT 1655 N. Fowler Street - Benton-Franklin Walla Walla Good Roads and Transportation Special Meeting. (COUNCILMEMBER BOB HOFFMANN) AGENDA REPORT NO. 68 FOR: City Council Date: July 21, 2006 TO: Gary Crutchfie anager Workshop: 07/31/06 Regular: 08/07/06 FROM: Richard J. Smi h, Director '1 Community & Economic Development SUBJECT: Historic Preservation Ordinance I. REFERENCE(S): A. Draft Historic Preservation Ordinance Ii. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 07/31/06: DISCUSSION 08/07/06: . MOTION: I move to adopt Ordinance No. , amending the Pasco Municipal Code by creating a new Title 27 entitled Historic Preservation and, further, to authorize publication by summary only. III. FISCAL IMPACT None. IV. HISTORY AND FACTS BRIEF: A. In late May, Brad Peck, owner of the Moore Mansion, submitted a letter asking that the City seek designation as a "Certified Local Government (CLG) for historic preservation. Such a designation would make the City eligible for State grants and owners of historic properties eligible to participate in the State's special valuation tax program which would reduce property taxes incurred as a result of the restoration of historic properties. B. This proposal was discussed at the July 10, 2006 workshop. Staff expressed concerns regarding the CLG requirements for the completion of an inventory of historic properties and the absence of visible community support in the neighborhoods which contain potentially historic properties. C. Staff recommended that Council consider an abbreviated historic preservation ordinance which would allow the City to process special valuation requests for properties now on the National Register of Historic Places (Moore Mansion) and form a Historic Preservation Committee which would educate the public and build support for a more comprehensive preservation program. This is the approach that Walla Walla used to establish their historic preservation program which now has full CLG status. V. DISCUSSION A. The draft ordinance that Council reviewed at the July 10th Workshop has been reviewed by the State CLG Coordinator for form and content. Minor editorial changes have been made and.the document has been formatted to PMC standards. B. If the City Council approves this ordinance on August 7th, the next step would be to solicit for members of the Historic Preservation Committee. Staff would contact such organizations as the Franklin Historical Society and Railroad Historical Society as well as advertising through normal channels for Board/Commission appointments. 3(C) TITLE 27 HISTORIC PRESERVATION CHAPTER 27.040 PURPOSE .................................................................. 1 CHAPTER 27.050 SHORT TITLE. ........................................................... 1 CHAPTER 27.060 DEFINITIONS .................................. .......................2 CHAPTER 27.070 CITY OF PASCO HISTORIC PRESERVATION COMMISSION ..................................................................................3 CHAPTER 27.080 REVIEW AND MONITORING OF PROPERTIES FOR SPECIAL PROPERTY TAX VALUATION...................................................................6 CHAPTER 27.090 CRITERIA .................................................................7 CHAPTER 27.100 AGREEMENT............................................................8 CHAPTER 27.110 APPEALS ..................................................................8 CHAPTER 27.040 PURPOSE. 27.040.010 PURPOSE. The purpose of this ordinance is to provide for the identification, evaluation, designation, and protection of designated historic and prehistoric resources within the boundaries of the City of Pasco and preserve and rehabilitate eligible historic properties within the City of Pasco for future generations through special valuation, a property tax incentive, as provided in Chapter 84.26 RCW in order to: 1) Safeguard the heritage of the City of Pasco as represented by those buildings, districts, objects, sites and structures which reflect significant elements of Pasco's history; 2) Foster civic and neighborhood pride in the beauty and accomplishments of the past, and a sense of identity based on Pasco's history; 3) Stabilize or improve the aesthetic and economic vitality and values of such sites, improvements and objects; 4) Assist, encourage and provide incentives to private property owners for preservation, restoration, redevelopment and use of outstanding historic buildings, districts, objects, sites and structures; 5) Promote and facilitate the early identification and resolution of conflicts between preservation of historic resources and alternative uses; and, 6) Conserve valuable material and energy resources by ongoing use and maintenance of the existing built environment. CHAPTER 27.050 SHORT TITLE. 27.050.010 SHORT TITLE. The following sections shall be known and may be cited as the "Special Valuation for Historic Properties Ordinance of the City of Pasco." - 1 - CHAPTER 27.060 DEFINITIONS 27.060.005 DEFINITIONS. The following words and terms when used in this ordinance shall mean as follows, unless a different meaning clearly appears from the context: 27.060.010 CITY OF PASCO HISTORIC PRESERVAION COMMISSION. "City of Pasco Historic Preservation Commission", or "Commission" means the Commission created in Section 27.070.010 herein. 27.060.020 ACTUAL COST OF REHABILITATION. "Actual Cost of Rehabilitation" means costs incurred within twenty-four months prior to the date of application and directly resulting from one or more of the following: a) improvements to an existing building located on or within the perimeters of the original structure; or b) improvements outside of but directly attached to the original structure which are necessary to make the building fully useable but shall not include rentable/habitable floor-space attributable to new construction; or c) architectural and engineering services attributable to the design of the improvements; or d) all costs defined as "qualified rehabilitation expenditures" for purposes of the federal historic preservation investment tax credit. 27.060.030 BUILDING. A "building" is a structure constructed by human beings. This includes both residential and nonresidential buildings, main and accessory buildings. 27.060.040 CLASS OF PROPERTIES ELIGIBLE TO APPLY FOR SPECIAL VALUATION IN THE CITY OF PASCO. "Class of properties eligible to apply for Special Valuation in the City of Pasco" means properties listed on the National Register of Historic Places or certified as contributing to a National Register Historic District which have been substantially rehabilitated at a cost and within a time period which meets the requirements set forth in Chapter 84.26 RCW. 27.060.050 COST. "Cost" means the actual cost of rehabilitation, which cost shall be at least twenty-five percent of the assessed valuation of the historic property, exclusive of the assessed value attributable to the land, prior to rehabilitation. 27.060.060 EMERGENCY REPAIR. "Emergency repair" means work necessary to prevent destruction or dilapidation to real property or structural appurtenances thereto immediately threatened or damaged by fire, flood, earthquake or other disaster. 27.060.070 HISTORIC PROPERTY. "Historic property" means real property together with improvements thereon, except property listed in a - 2 - register primarily for objects buried below ground, which is listed on the National Register of Historic Places. 27.060.080 LOCAL REVIEW BOARD. "Local Review Board", or "Board" used in Chapter 84.26 RCW and Chapter 254-20 WAC for the special valuation of historic properties means the Commission created in Section 27.070.010 herein. 27.060.090 NATIONAL REGISTER OF HISTORIC PLACES. "National Register of Historic Places" means the national listing of properties significant to our cultural history because of their documented importance to our history, architectural history, engineering, or cultural heritage. 27.060.110 OBJECT. An "object" is a thing of functional, aesthetic, cultural, historical, or scientific value that may be, by nature or design, movable yet related to a specific setting or environment. 27.060.120 OWNER. "Owner" of property is the fee simple owner of record as exists on the Franklin County Assessor's records. 27.060.130 SPECIAL VALUATION. "Special Valuation for Historic Properties" or "Special Valuation" means the local option program which when implemented makes available to property owners a special tax valuation for rehabilitation of historic properties under which the assessed value of an eligible historic property is determined at a rate that excludes, for up to ten years, the actual cost of the rehabilitation. (Chapter 84.26 RCW). 27.060.140 STRUCTURE. A "structure" is a work made up of interdependent and interrelated parts in a definite pattern of organization. Generally constructed by man, it is often an engineering project. 27.060.150 WASHINGTON STATE ADVISORY COUNCIL'S STANDARDS FOR THE REHABILITATION AND MAINTENANCE OF HISTORIC PROPERTIES. "Washington State Advisory Council's Standards for the Rehabilitation and Maintenance of Historic Properties" or "State Advisory's Council's Standards" means the rehabilitation and maintenance standards used by the City of Pasco Historic Preservation Commission as minimum requirements for determining whether or not an historic property is eligible for special valuation and whether or not the property continues to be eligible for special valuation once it has been so classified. CHAPTER 27.070 CITY OF PASCO HISTORIC PRESERVATION COMMISSION 27.070.010 CREATION AND SIZE. There is hereby established a City of Pasco Historic Preservation Commission, consisting of five (5) members, as - 3 - provided in Sections 27.070.020 and 27.070.030 below. Members of the City of Pasco Historic Preservation Commission shall be appointed by the Mayor and approved by the Pasco City Council and shall be residents or own property in the City of Pasco, except as provided in Section 27.070.020(2) below. 27.070.020 COMPOSITION OF THE COMMISSION. 1) All members of the Commission must have a demonstrated interest and competence in historic preservation and possess qualities of impartiality and broad judgment. 2) The commission shall always include at least two (2) professionals who have experience in identifying, evaluating, and protecting historic resources and are selected from among the disciplines of architecture, history, architectural history, planning, prehistoric and historic archaeology, folklore, cultural anthropology, curatorship, conservation, landscape architecture, or related disciplines. The Commission action that would otherwise be valid shall not be rendered invalid by the temporary vacancy of one or all of the professional positions. Furthermore, exception to the residency requirement of Commission members may be granted by the Mayor and City Council in order to obtain representatives from these disciplines. 3) In making appointments, the Mayor may consider names submitted from any source. 27.070.030 TERMS. The original appointment of members to the Commission shall be as follows: two (2) for two (2) years; two (2) for three (3) years; and one (1) for four (4) years. Thereafter, appointments shall be made for a three (3) year term. Vacancies shall be filled by the Mayor for the unexpired term in the same manner as the original appointment. 27.070.040 POWERS AND DUTIES. 1) Responsibility. The major responsibility of the Historic Preservation Commission is to identify and actively encourage the conservation of Pasco's historic resources by reviewing National Register properties applying for Special Tax Valuation; to raise community awareness of Pasco's history and historic resources; and to serve as the City of Pasco's primary resource in matters of history, historic planning, and preservation. In carrying out these responsibilities, the Historic Preservation Commission shall engage in the following: a) Conduct all Commission meetings in compliance with Chapter 42.30 RCW, Open Public Meetings Act, to provide for adequate public participation and adopt standards in its rules to guide this action. b) Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic and prehistoric resources. c) Establish liaison support, communication and cooperation with federal, state, and other local government entities which will further historic preservation objectives, including public education, within the City of Pasco. - 4 - d) Review and comment to the Pasco City Council on land use, housing and redevelopment, municipal improvement and other types of planning and programs undertaken by any agency of the City of Pasco, other neighboring communities, the Franklin County, the State or Federal governments, as relate to historic resources of the City of Pasco. e) Advise the Pasco City Council and the Mayor generally on matters of Pasco's history and historic preservation. #} Perform other related functions assigned to the Commission by the Pasco City Council or the Mayor. g) Provide information to the public on methods of maintaining and rehabilitating historic properties. This may take the form of pamphlets, newsletters, workshops, or similar activities. h) Officially recognize excellence in the rehabilitation of historic buildings, structures, sites and districts, and new construction in historic areas; and encourage appropriate measures for such recognition. i) Be informed about and provide information to the public and City of Pasco departments on incentives for preservation of historic resources including legislation, regulations and codes which encourage the use and adaptive reuse of historic properties. j) Investigate and report to the Pasco City Council on the use of various federal, state, local or private funding sources available to promote historic resource preservation in Pasco. k) Serve as the local review board for Special Valuation and: 1. Make determinations concerning the eligibility of historic properties for special valuation; 2. Verify that the improvements are consistent with the Washington State Advisory Council's Standards for Rehabilitation and Maintenance: 3. Enter into agreements with property owners for the duration of the special valuation period as required under WAC 254- 20-070(2); 4. Approve or deny applications for special valuation; 5. Monitor the property for continued compliance with the agreement and statutory eligibility requirements during the 10 year special valuation period; and 6. Adopt bylaws and/or administrative rules and comply with all other local review board responsibilities identified in Chapter 84.26 RCW. 1) The Commission shall adopt rules of procedure to address their responsibilities under this ordinance. 27.070.050 COMPENSATION. All members shall serve without compensation. - 5 - 27.070.060 RULES AND OFFICERS The Commission shall establish and adopt its own rules of procedure, and shall select from among its membership a chairperson and such other officers as may be necessary to conduct the Commission's business. 27.070.070 COMMISSION STAFF. Commission and professional staff assistance shall be provided by the Director of Community & Economic Development with additional assistance and information to be provided by other City of Pasco departments as may be necessary to aid the Commission in carrying out its duties and responsibilities under this ordinance. CHAPTER 27.080 REVIEW AND MONITORING OF PROPERTIES FOR SPECIAL PROPERTY TAX VALUATION 27.080.010 TIME LINES. 1) Applications shall be forwarded to the Commission by the Franklin County Assessor within ten (10) calendar days of filing. 2) Applications shall be reviewed by the Commission before December 31 of the calendar year in which the application is made. 3) Commission decisions regarding the applications shall be certified in writing and filed with the Franklin County Assessor within ten (10) calendar days of issuance. 27.080.020 PROCEDURE. 1) The Franklin County Assessor forwards the application(s) to the Commission. 2) The Commission reviews the application(s), consistent with its rules of procedure, and determines if the application(s) are complete and if the properties meet the criteria set forth in WAC 254-20-070(1) and listed in Section 27.090.030 of this ordinance. a. If the Commission finds the properties meet all the criteria, then, on behalf of the City of Pasco, it enters into a Historic Preservation Special Valuation Agreement (set forth in WAC 254-20-120 and in Section 27.100 of this ordinance) with the owner. Upon execution of the agreement between the owner and Commission, the Commission approves the application(s) b. If the Commission determines the properties do not meet all the criteria, then it shall deny the application(s). 3) The Commission certifies its decisions in writing and states the facts upon which the approvals or denials are based and files copies of the certifications with the Franklin County Assessor. 4) For approved applications: a. The Commission forwards copies of the agreements, applications, and supporting documentation (as required by WAC 254-20-090 (4) and identified in Section 27.090.020 of - 6 - this ordinance) to the Franklin County Assessor, b. Notifies the state review board that the properties have been approved for special valuation, and c. Monitors the properties for continued compliance with the agreements throughout the 10-year special valuation period. 5) The Commission determines, in a manner consistent with its rules of procedure, whether or not properties are disqualified from special valuation either because of: a. The owner's failure to comply with the terms of the agreement, or b. Because of a loss of historic value resulting from physical changes to the building or site. c. For disqualified properties, in the event that the Commission concludes that a property is no longer qualified for special valuation, the Commission shall notify the owner, assessor, and state review board in writing and state the facts supporting its findings. CHAPTER 27.090 CRITERIA 27.090.010 HISTORIC PROPERTY CRITERIA: The class of historic property eligible to apply for Special Valuation in City of Pasco means properties listed on the National Register of Historic Places which have been substantially rehabilitated at a cost and within a time period which meets the requirements set forth in Chapter 84.26 RCW. 27.090.020 APPLICATION CRITERIA: Complete applications shall consist of the following documentation: 1) A legal description of the historic property, 2) Comprehensive exterior and interior photographs of the historic property before and after rehabilitation, 3) Architectural plans or other legible drawings depicting the completed rehabilitation work, and 4) A notarized affidavit attesting to the actual cost of the rehabilitation work completed prior to the date of application and the period of time during which the work was performed and documentation of both to be made available to the commission upon request, and 5) For properties located within historic districts, in addition to the standard application documentation, a statement from the Secretary of the Interior or appropriate local official, as specified in local administrative rules or by the local government, indicating the property is a certified historic structure is required. 6) Any other documents that the Commission needs to evaluate the request. All costs shall be the responsibility of the applicant. - 7 - 27.090.030 PROPERTY REVIEW CRITERIA. In its review the Commission shall determine if the properties meet all the following criteria: 1) The property is historic property; 2) The property is included within a class of historic property determined eligible for Special Valuation by the City of Pasco. under Section 27.080.020 of this ordinance; 3) The property has been rehabilitated at a cost which meets the definition set forth in RCW 84.26.020(2) (and identified in Section 27.060.020 of this ordinance) within twenty-four months prior to the date of application; and the property has not been altered in any way which adversely affects those elements which qualify it as historically significant as determined by applying the Washington State Advisory Council's Standards for the Rehabilitation and Maintenance of Historic Properties (WAC 254-20-100(1). 27.090.040 REHABILITATION AND MAINTENANCE CRITERIA: The Washington State Advisory Council's Standards for the Rehabilitation and Maintenance of Historic Properties in WAC 254-20-100 shall be used by the Commission as minimum requirements for determining whether or not an historic property is eligible for special valuation and whether or not the property continues to be eligible for special valuation once it has been so classified. 27.090.050 EVALUATION COSTS: Any costs, including but not limited to the costs of professional services, incurred by the Commission in evaluating applications for Special Valuation shall be the responsibility of the applicant(s). CHAPTER 27.100 AGREEMENT 27.100.010 AGREEMENT. The historic preservation special valuation agreement in WAC 254-20-120 shall he used by the Commission as the minimum agreement necessary to comply with the requirements of RCW 84.26.050(2). CHAPTER 27.110 APPEALS 27.110.010 APPEALS. Any decision of the Commission acting on any application for classification as historic property, eligible for special valuation, may he appealed to Superior Court under Chapter 34.05.510 -34.05.598 RCW in addition to any other remedy of law. Any decision on the disqualification of historic property eligible for special valuation, or any other dispute, may be appealed to the Franklin County Board of Equalization. - 8 - AGENDA REPORT NO. 70 FOR: City Council Date: July 27, 2006 TO: Gary Crutchfi ity 4anager Workshop: 7-31-06 Regular: FROM: Richard J. Smit , Director Community& conomic Development David McDonald, City Planner -�Xt SUBJECT: Sign Code Amendment (MF #CA06-001-CA) I. REFERENCE(S): A. Memo on Sign Code Amendment from the City Attorney B. Revised Draft Ordinance II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 7/31/06 Review and Discussion HI. FISCAL IMPACT None IV. HISTORY AND FACTS BRIEF: A. Some time ago the City retained the services of the Beckwith Consulting Group to assist with updating the City's sign regulations. B. The Planning Commission held a public workshop in June and a public hearing in July of last year to consider amendments to the Sign Code. Following the public hearing the Planning Commission recommended the sign code be amended. In May of this year the Planning Commission reviewed and reaffirmed their recommendations for the Sign Code. C. The City Council reviewed the proposed sign code amendments at the June 20`x' and July I0"' Workshops. V. DISCUSSION: A. The City Attorney has completed his legal analysis of proposed sign code amendments and has reorganized the proposal into proper ordinance format. B. The attached memo prepared by the City Attorney provides an overview of the issues that were considered during the City Attorney's legal analysis. As a result of that analysis and comments made at Council Workshops, the following changes have been incorporated into the proposed sign regulations: 1. Chapter 17.01 Title Purpose & Enforcement(page 2). The purpose statement has been modified to conform with a recent ruling of the Ninth Circuit Court of Appeals dealing with signs. The right of entry section was also removed. 2. Chapter 17.03 Definitions. #11 Durable (page 4)was modified to include weather-proof cardstock. #27 Periphery of the Right-of-Way (page 5) definition was added #32 Right-Of-Way (page 6) was changed to clarify right-of-way includes all lands between sidewalks and property lines. #37 Sign (page 6) minor word changes for clarity. #69 Sign Limited Duration (page 9) definition was added. 3(d) #90 Sign Temporary {page 11) removed the word construction. 3. Chapter 17.05 Sign Allowance Table. 17.05.020 A) Temporary signs (page 13). A paragraph was added containing language consistent with the Ninth Circuit Court ruling. 17.05.020 A) 5) Garage or Yard Sale Signs (page 14). Language that conflicted with yard sale licensing provisions was removed. 17.05.020 B) (page 14). Limited Duration signs (page 14). Paragraph added to provide clarification for limited duration signs. 17.05.030 Exempt Signs (page 14). Added the words shall not require application or fee and added subsection P (Political signs) on page 15. 17.05.050 Sign Illustrations (page 17). Section added to reference illustrations used to help explain different types of signs. 4. Chapter 17.07 Permits, Fees and Inspections. 17.07.010 (page 17). Minor language change for clarification purposes. 17.07.010 F) Interpretation (page 18). Language added to gain consistency with the Ninth Circuit Court ruling. 17.07.020 Application (page 18). Language added to clarify the application process. 17.07.030 Fees (page 18). Added a reference to the Fee Summary in PMC Chapter 3.07. 5. Chapter 17.09 General regulations. 17.09.010 Generally (page 19). Added a reference to the International Building Code. 17.09.080 Relocation Required (page 20). Changed the relocation time frame from 10 days to 30 days. 6. 17.11 Construction Standards. 17.11.020 F) Sign Quality (page 23). Language dealing with workmanship changed to conform with the Ninth Circuit Court ruling. 7. 17.13 Off-Premise Signs. 17.13.010 F) (page 24). Language on lettering changed to conform with the Ninth Circuit Court ruling. 17.13.040 Standards & Locations for Off-Premise Directional Sign Kiosks (page 25). The word "will' changed to "may" in first paragraph under subsection I. 17.13.050 Of-Premise Directional Sign Kiosk Design (page 26). Language added to conform with the Ninth Circuit Court ruling. 17.13.070 Kiosk Licenses (page 26). All references to franchises changed to license. 8. 17.15 Nonconforming Signs. 17.15.010 A) (page 27). Added a date certain for nonconforming signs. 17.15.020 Maintenance (page 27) Language added to explain what maintenance includes. 9. 17.17 Variances and appeals. 17.17.010 B) (page 28). Notification procedures were added. 17.17.010 D) (page 28 & 29). Variance criteria were added to provide guidance for the Hearing Examiner. Some Council members expressed concern about the impact the proposed sign code may have on campaign signs. The proposed code permits the placement of political signs in the periphery of street right-of-ways or on private property without the necessity of obtaining a permit. While political signs are exempt from permitting, they must conform to all other requirements of the code such as being placed out of the vision triangle at the corners of streets and alleys (Section 17.09.030 (page 19)). There is no restriction on the number of campaign signs a candidate can erect. Campaign signs in the right-of-way can be up.to six square feet in size. There is no size restriction for campaign signs on private property. Campaign signs must be made of durable materials which includes weather- proof card stock. Following an election, campaign signs must be removed within 15 days (The current code requires removal in 10 days). Following Council review staff will prepare a final draft ordinance for Council action. PAINE, HAMBLEN, COFFIN, BROOKE & MILLER LLP 7025 Grandridge Blvd., Suite A Kennewick, Washington 99336-7724 (509) 735-1542 MEMORANDUM TO: Rick Smith, Director Community & Economic Development City of Pasco FROM: Leland B. Kerr Attorney at Law DATE: July 24, 2006 RE: Sign Ordinance Amendment I have reviewed the most recent changes to the proposed Sign Ordinance incorporating some of the current concerns that we have previously discussed. I have been able to complete my legal analysis of the Ordinance and have suggested additional changes which I have incorporated in the draft which is attached. As you will note, I have restructured the Ordinance because the format utilizing the existing Sign Code proved to be too confusing and resulted in a number of duplications, the inclusion of inappropriate sections and inappropriate numbering. The Sign Code involves a lot more that immediately meets the eye. Sign codes are subject to Constitutional scrutiny. Restrictions on the free expression through commercial or noncommercial signs involve the First Amendment free speech considerations, and as a result there are a number of cases from the United States Supreme Court that apply to this area. There has been traditional tension between the right of free speech and local government's right to control the signage within its boundaries. The Supreme Court has made it clear that if there is a conflict, free speech must be given preference. The result is a strict prohibition against the restriction of content on a sign and significant restriction on the format of the sign to pass constitutional muster. The Court has ruled that the government may impose reasonable restrictions on the time, place or manner of engaging in protected speech "provided that they are adequately justified without reference to the content of the regulated speech. In addition to be justified without reference to content, the restrictions must be narrowly tailored to serve a significant governmental interest and leave open ample alternative channels for communication of information." (City of Cincinnati vs. Discovery Network, 507 U.S. 410; Ward vs. Rock Against Racism, 491 U.S.781). To pass muster under the Ward case, the challenged regulation must first be qualified without reference to the content of the regulated speech. Rick Smith July 24, 2006 Page 2 The Supreme Court in Madsen vs. Woman's Health Center, 512 U.S. 753, stated the test as follows: "We . . . look to the government's purpose as the threshold consideration. It is common ground that governments may regulate the physical characteristics of signs. We have upheld restrictions on the size and aggregate areas of signs posted on private property based upon the city's interest in aesthetics. . in this circuit a regulation of speech is 'content-based' if a law enforcement officer must read a sign's message to determine if the sign is regulated." The Courts refer to this requirement as "content neutrality." That test is applicable in a number of circumstances that affect this proposed ordinance. First, any criteria that is based upon the content or attempts to limit the content of the sign or even provides the opportunity to approve or deny the permit based in whole or in part upon the content of the sign is constitutionally deficient. This Ordinance looks to the content in a couple of fashions. The first is that category assigned to deal with public messages (i.e., traffic signs, emergency signs, legal notices, etc.). The Court has held a distinction which is referred to as "speaker base" exemptions. These exemptions apply to a certain s eaker and not to particular content. "Speaker-based Iaws demand strict scrutiny when they reflect the Government's preference for the substance of what the favored speakers have to say (or aversion to what the disfavored speakers have to say) . . . laws favoring some speakers over others demand strict scrutiny when the legislature's speaker preference reflects a content preference." (Turner Broadcasting System vs. FCC, 512 U.S. 658) The second area is event-based exemptions. This applies to temporary signs and limited duration signs. It is necessary for the City to express its intent and goal that signage will not be restricted by content to reinforce evidence of the City's intent not to limit the substance of the speech in any way. The third area is the grandfathered clause. An ordinance is content-based where a change that trips the grandfather exception can only be determined by evaluating the sign's contents. The suggested change that would mean that they only would have to literally hold the two signs up together to see if there is a change in the logo or copy without evaluating the substantive message. The next area of concern is the City's authority for design review. The City has the authority to review the sign for clarity and legibility.. The Court has indicated the review of legibility entails no more than an official reading a sign to insure that its text is visible from the streets so as not to distract passing motorists and to determine that the size and other qualities of the sign are compatible with the aesthetic goals of the City. Rick Smith July 24, 2006 Page 3 The other area of concern is the distinction between commercial and noncommercial speech. "An ordinance is invalid if it poses greater restrictions on noncommercial than on commercial billboards or regulates noncommercial billboards based upon their content." (National Advertising Company vs. City of Orange, 861 F.2d 246). This proposed ordinance does not make a distinction between commercial and noncommercial speech. The only distinctions are essentially the location and duration that the sign can be displayed. As long as these are rationally related to the activity and do not contain a restriction on content. The next major area of concern is that permitting may constitute prior restraint. To pass constitutional muster, the Sign Ordinance must contain adequate procedural protections for speakers and secondly, reasonably limit the discretion of local law enforcemnet officials. "Generally, prior restraints are constitutionally suspect and may stand only if they are imposed for a short period of time and provide a process for adequate and swift appeal to a judicial body." (Freedman vs. Maryland, 380 U.S. 51). This requires the evaluation containing procedural safeguards including sufficient criteria for objectively making the determination for approval or rejection and providing a readily available appellate process. As the opportunity for content regulations goes up, likewise scrutiny required for permitting procedures and appellate review increases as well. As long as the Sign Code is content neutral, the procedural requirements of established criteria and appellate review as included in the proposed Ordinance, should be sufficient. "To avoid impermissible discretion, the challenged ordinance should contain adequate standards to guide the official's decision and render it subject to effective judicial review." Earlier this year, the Ninth Circuit Court of Appeals dealt with a very similar case in GX Limited Travel vs. City of Lake Oswego, 436 F.3d 1064 (2006), where numerous challenges were made to City of Lake Oswego's new Sign Ordinance. One of the major areas of attack was that of unbridled discretion. That ordinance passed judicial muster because it contained language that stated the City may deny permits only when the sign does not comport with the city's reasonably specific size and type criteria, or is not compatible with the surrounding environment. In that case, the Court found that criteria sufficient since the Sign Code essentially described the terms "surrounding environment" and "compatibility" in the City of Lake Oswego's ordinance, and the officials determined whether the sign was compatible with the surrounding environment while looking "only to the proposed sign's relationship with other nearby signs, other elements of the street, and site furniture and with adjacent structures. In determining whether the sign is compatible, the code instructs permitting officials to consider a limited and objective set of criteria, namely "form, proportion, scale, color, materials, surface treatment, overall sign size and the size and style of lettering." Rick Smith July 24, 2006 Page 4 I have incorporated that same language into this proposed Ordinance and avoided the more vague requirement of"professionally" lettered or "workmanlike quality." The Court has repeatedly struck down ordinances that contain vague findings of"harmful effect upon the health" or "welfare of the general public" detrimental to aesthetic quality of the community or "not in the public interest." In the City of Lake Oswego's case, the Ninth Circuit Court of Appeals was impressed that the permitting official in making its determination whether to grant the permit or not, must make findings explaining why the sign is incompatible "and therefore not worthy of a permit." The last area of significant challenge is that of vagueness. Like all regulations, it may be unconstitutionally vague if the regulation fails to give persons of ordinary intelligence adequate notice of what conduct is prescribed or it may permit or authorize arbitrary and discriminatory enforcement, especially where the First Amendment of free speech rights are concerned. I have attempted to quantify or reduce some of those areas or suspected vagueness. I hope this brief rendition of the constitional elements play in the adoption of this ordinance helps create an ordinance that accomplishes the goal creating a safe and attractive community while protecting the citizen's right of free expression. If you have any questions, please do not hesitate to give me a call. LBKlsla Attachment cc: Gary Crutchfield ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Enacting a New Sign Code; and Repealing the Existing Sign Code Consisting of Chapter 17.02, 17.04, 17.08, 17.10, 17.12, 17.14,17.16,17.20, 17.24, 17.28, 17.32, 17.36, 17.40, 17.44, 17.46, 17.48, 17.52, 17.56 and 17.60 WHEREAS, the City of Pasco has by the legislature's adoption of the comprehensive Growth Management Act been mandated to implement a plan for public and private facilities that provides for the health, safety, and high quality of life enjoyed by the citizens of this State, and to provide an attractive place to live; and WHEREAS, to accomplish this goal, the City has secured the assistance of a professional consulting group which utilized, in addition to their expertise and experience, case studies from other cities facing similar challenges to the City of Pasco and seeking similar goals to create a workable update to the City's sign regulations; and WHEREAS, the consultant has worked with City staff, Pasco Downtown Development Association and other individuals and groups to formulate new City sign regulations; and WHEREAS, this proposal for a revised sign code was submitted to the City Planning Commission, which in June 2005, conducted public workshops, and in July 2005, conducted a public hearing receiving input from the citizens and businesses considering amendments to the sign code; and WHEREAS, in May 2006, the Planning Commission finalized review of the resulting proposed sign code and has recommending adoption by the City Council of the sign code amendments; and WHEREAS, the City Council on June 26, 2006, at its workshop meeting, reviewed with the City staff, the consultant and the public proposed revisions to the sign code, and the City Council has found that to protect the health, safety, property and welfare for the citizens of the City of Pasco; to provide for a neat, clean, orderly and attractive appearance of the community; improve the effectiveness of the signs; to provide for safe construction, location, erection, and maintenance of signs; to prevent proliferation of signs and sign clutter; to minimize adverse visual safety factors to travelers on the public highways and on private areas opened to public travel, including pedestrian safety; and, to provide for an increase in property values, business opportunities and the City's overall appearance, it is necessary to regulate signs and sign structures within the community; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS: Ordinance- I Draft#2 7/25/06 Section 1. That a new Chapter 17.01 entitled "Title, Purpose and Enforcement" of the Pasco Municipal Code shall be and hereby is enacted and shall read as follows: CHAPTER 17.01 TITLE, PURPOSE AND ENFORCEMENT Sections 17.01.010 Short Title. 17.01.020 Purpose. 17.01.030 Enforcement. 17.01.040 Nonliability 17.01.050 Conflicting Provisions 17.01.060 Severability 17.01.010 SHORT TITLE. This Title shall be known as the Sign Code of the City of Pasco. 17.01.020 PURPOSE. The overall purpose of this title is to enhance and maintain the aesthetic character, to promote the public health, safety and general welfare, and to increase the effectiveness of visual communication in the City. This title is also intended to avoid visual clutter that may adversely impact traffic and pedestrian safety or that may be adverse to property values, business opportunities, ant the City's overall appearance. The purpose of this title is implemented by imposing reasonable restrictions on the design, construction, use, maintenance and quality of materials of all signs and sign structures without regard to the protected content with restrictions that are narrowly tailored to serve these goals while leaving open ample alternative channels for communication of information. 17.01.030 ENFORCEMENT. A) Enforcing Authority. The City Manager or his appointee is authorized and directed to enforce all provisions of this title. (Provisions for right to enter private property removed from this section) B) Violations and Penalties. It is unlawful and constitutes a civil infraction for any person, firm, or corporation to erect, hang, construct, enlarge, alter, repair, move, convert, equip, locate or relocate, use or maintain any sign or sign structure in the City, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this title 17.01.040 NONLIABILITY. This title shall not be construed to relieve from or lessen the responsibility or liability of any party owing, operating, construction installing, altering, removing, moving or controlling any sign in the City. Neither the City nor any agent thereof shall be held as assuming any liability by reason of permit or of the inspection authorized Ordinance-2 Draft#2 7/25/06 hereunder or certificate of inspection issued by the City for damages to person or property injured or damaged either in person or property caused by any defect therein 17.01.050 CONFLICTING PROVISIONS. If any provision of this title is found to be in conflict with any provision of any zoning, building, fire, safety or health ordinance or code of the City, the provision that establishes the more restrictive standard shall prevail. 17.01.060 SEVERABILITY. If any provision of this title or its application to any person or circumstances is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected, ad to this end the provisions of this title are declared to be severable. Section 2. That a new Chapter 17.03 entitled "Definitions" of the Pasco Municipal Code shall be and hereby is enacted and shall read as follows: CHAPTER 17.03 DEFINITIONS Sections 17.03.01 Generally. 17.03.01 GENERALLY. A) For the purpose of this title, certain abbreviations, terms, phrases, words, and their derivatives shall be construed as specified in this chapter and are to be used only for the implementation of this title. Words used in the singular include the plural, and the plural the singular. Words used in the masculine gender include the feminine, and the feminine the masculine. 1) ALLEY means a public street not designed for general travel and used primarily as a means of access to the rear of residences and business establishments. 2) BUILDING means any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind. 3) BUILDING CODE means the building codes of the City adopted by Title 16 of the Code.. 4) BUILDING OFFICIAL means the Building Official of the City and/or the person designated to enforce the sign code by the City Manager. 5) BUILDING LINE means a line established by ordinance beyond which no building may extend. Ordinance-3 Draft#2 7/25/06 6) CHANGE OF COPY. The change of a logo, and/or message upon the face or faces of a legal sign. 7) CITY means the City of Pasco, Washington. 8) CURB LINE means the line at the face of the curb nearest to the street or roadway. In the absence of a curb, the City Engineer shall establish the curb line. 9) DISPLAY SURFACE means the area made available by the sign structure for the purpose of displaying the advertising message. 10) DISTRICT OR ZONING DISTRICT means any district established pursuant to the provisions of Title 25. 11) DURABLE means a non-biodegradable material that withstands degradation from the elements such as weather-proof card stock, aluminum, metal, UV protected plastics, treated or painted wood concrete, stone and similar materials. 12) ERECTS means to build, construct, attach, place, suspend, or affix, including the painting of a wall sign. 13) FACE OF BUILDING means the general outer surface of any exterior wall of a building or other structure. 14) FACADE means the entire building front or street wall face, including the grade to the top of the parapet or eaves, and the entire width of the building elevation. 15) FILLING STATION, PUBLIC MOTOR FUELS means any area of land, including any structure or part thereof that is used or designed to be used for the supply of motor fuels, also deemed to be included within this term shall be: Any area or structure used or designed to be used for polishing, greasing, washing, spraying (other than paint), dry cleaning, or otherwise cleaning or servicing such motor vehicles. 16) FRONTAGE means the measurement of the length of the property line or building front. 17) HEARING EXAMINER means the Pasco Hearing Examiner as set forth in Chapter 25.84. 18) INCOMBUSTIBLE MATERIAL means any material which will not ignite at,or below, a temperature of one thousand two hundred degrees Fahrenheit during an exposure of five minutes, and which will not continue to burn or glow at that temperature. Ordinance-4 Draft#2 7/25106 19) MANSARD ROOF means a sloped roof or roof-like facade architecturally able to be treated as a building wall. 20) MULTIPLE-BUILDING COMPLEX means a group of commercial or industrial structures. 21) MULTIPLE-TENANT BUILDING means a single structure that houses more than one retail business, office or commercial venture, but that does not include residential apartment buildings sharing the same lot, access and/or parking facilities. 22) NONCONFORMING SIGN. Nonconforming signs are those which were lawfully installed, but which do not comply with the requirements of this title. 23) NONSTRUCTURAL TRIM means the molding, batons, caps, nailing strips, latticing, cutouts or letters and walkways that are attached to the sign structure. 24) PARAPET means a false front or wall extension above the roof line 25) PARCEL means the real property on which a business is located or the portion.of real property designated for use of a business. Parcel shall include all adjacent property used by a business including yards,parking lots, and storage yards. Where more than one business is located within a building, the property on which that building is located is considered one parcel. 26) PERIMETER means a square or rectangle required to enclose the sign area. 27) PERIPHERY OF RIGHT-OF-WAY means that portion of the right-of- way _lying behind the sidewalk or street improvements as the case may be. 28) PERSON means and includes persons, firms, partnerships, associations, corporations, and other business entities. 29) PREMISES means the real estate as a unit, upon which is displayed the sign or signs mentioned in this chapter. 30) PRIVATE ROAD OR DRIVEWAY means every way or place in private ownership and used for travel of vehicles by the owner or those having express or implied permission from the owner,but not by other persons. 31) PROJECTION means the distance by which a sign extends over public property or beyond the property line. Ordinance-5 Draft#2 7/25/06 32) RIGHT OF WAY (ROW) means that area of land dedicated for public use or secured by the public for purposes of ingress and egress to abutting property and other public purposes, including that hat space between the adjacent propelly line and the back of the street and/or sidewalk improvements. 33) ROADWAY means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder. In the event a highway includes two or more separated roadways, the term "roadway" shall refer to any such roadway separately but shall not refer to all such roadways collectively. 34) ROOFLINE means the top edge of a roof or parapet or the top line of a building silhouette. 35) SETBACK means the distance measured on a horizontal plane between a public right-of-way line or a property line and the closest portion of a sign thereto. 36) SIDEWALK means that property between the curb lines or the lateral lines of a roadway and the adjacent property, set aside and intended for the use of pedestrians or such portion of private property parallel and in proximity to a public highway and dedicated to use by pedestrians. 37 display or illustration that SIGN means a name, identification, description, p y } is affixed to or represented directly or indirectly upon a building, structure, or piece of land and that directs attention to an object, product, place, activity, person, institution, organization or business. However, a "sign" shall exclude any display of official court or public office notice, emblem or insignia of a nation, political unit, school, or religious group. A "sign' shall not exclude a sign located completely within an enclosed building unless the public may view the sign from a roadway or sidewalk, or the context of this chapter shall so indicate. 38) SIGN - ABANDONED means a sign that no longer correctly directs or exhorts any person nor advertises a bona fide business, lessor, owner, product or activity conducted or available on the premises whereon such sign is located. 39) SIGN - AREA means the total area of a sign visible from any one viewpoint or direction, excluding the sign support structure,architectural embellishments, or framework that contains no written copy, and includes only one side of a double-faced sign. Individual letter signs using a wall as the background without added decoration or change in wall color shall be calculated by measuring the perimeter enclosing each letter. The combined total area of each individual letter shall be considered the total area of the sign. Module signs consisting of more than one sign cabinet shall be computed by adding together the total area of each module. Perimeter or sign area shall be established by the smallest rectangle enclosing the extreme limits of the letter module or advertising message being measured. Ordinance-6 Draft#2 7125106 I 40) SIGN - AWNING means a sign that is hung from and below a building awning or canopy that may extend outwards under the awning or canopy and over the walkway or parking area. 41) SIGN -- BANNER means flexible material on which a sign is painted or printed that is attached to a building or displayed on the grounds. 42) SIGN - BILLBOARD means a sign or sign structure supported by one or more uprights and braces in the ground or on a building roof upon which general advertising matter is placed, usually by the poster method, erected entirely upon private property. 43) SIGN — BLADE OR PROJECTING means a sign that is wall-mounted perpendicular to the building that may extend upwards and above the facade and/or outwards and over the walkway or parking area. 44) SIGN - BUSINESS means a sign which directs attention to a business or profession conducted, or to a commodity, service, or entertainment sold, or offered upon the premises where such sign is located, or to which it is affixed. 45) SIGN - CANOPY means a sign that is painted onto the face or edge of an awning or canopy that is mounted to the building facade. 46) SIGN — CHANGING MESSAGE CENTER means an electronically controlled public service time and temperature sign, message center, or reader board where different copy changes of a public service or commercial nature are shown on the same lamp bank. 47) SIGN - COMBINATION means any sign incorporating any combination of the features of freestanding, projecting and roof signs. "Combination sign" shall include signs commonly referred to as "fin signs." 48) SIGN - CONSTRUCTION means a temporary sign designating the contractor(s), architect(s), and engineer(s) participating in a construction project underway on the same premises. A construction sign may also include the name of the project. 49) SIGN - DIRECTIONAL means any sign designated and used solely for the purpose of indicating the location or direction of a place on the premises upon which the sign is located 50) SIGN — DIRECTIONAL OFF-PREMISE means a sign designated and Ordinance-7 Draft#2 7125106 used solely for the purpose of indicating the location or direction of a place or business and which is located on private property separate from the place or business. 51) SIGN — DIRECTIONAL OFF-PREMISE KIOSK means a structure erected by the City or a private party through a license agreement with the City in approved locations bearing multiple off-premise directional signs 52) SIGN — DIRECTIONAL TRAFFIC means a sign that is located to guide or direct pedestrian or vehicular traffic to parking entrances,exits and service areas. 53) SIGN — DIRECTORY OF TENANTS means a sign that identifies the building or project name and the tenants which share a single structure or development. 54) SIGN—DOUBLE-FACED means a sign with 2 faces. 55) SIGN - ELECTRICAL means a sign or sign structure in which electrical wiring, connections, and/or fixtures are used as part of the sign proper. 56) SIGN - FLASHING means an electrical sign or portion thereof that changes light intensity in a sudden transitory burst or that switches on and off in a constant pattern with more than one-third of the light source that is not constant being off at any one time. 57) SIGN — FREESTANDING PEDESTAL means a self-supported sign permanently attached directly to the ground upon a pedestal base or monument foundation and not attached to any building, wall or fence. (Also called pedestal or monument sign. 58) SIGN — FREESTANDING POLE means a self-supported sign permanently attached directly to the ground supported by upright poles or posts or braces placed on or in the ground. (Also called ground or pole sign.) 59) SIGN — FREEWAY means a free standing sign located on the premise where the business, product or service is located with said sign being within 250 feet of I- 182, SR-395 and SR-12. 60) SIGN — FREEWAY INTERCHANGE means a sign that provides only regional identification for a group of businesses within an area defined by a state recognized business association with the businesses collectively occupy a minimum of 15 acres of land. 61) SIGN — GARAGE OR YARD SALE means a sign advertising a private sale of personal household possessions; not for the use of any commercial venture. Ordinance-S Draft#2 7125/06 62) SIGN - HEIGHT means the vertical distance measured from the adjacent grade at the base of the sign support to the highest point of the sign. 63) SIGN — IDENTIFICATION means a sign of an informational nature that directs attention to certain uses other than businesses, individual private residences. 64) SIGN - INFLATABLE means a large balloon or balloon-like object greater than 18 inches in any dimension that uses blown air or a gas to remain inflated. 65) SIGN — INFORMATIONAL PRIVATE means a sign placed for the convenience of the property owner used for the sole purpose of designating property control and warning signs such as "no trespassing", "no dumping", "patrolled by dogs", etc. 66) SIGN — INFORMATIONAL PUBLIC means a sign placed for the convenience of the public used for the sole purpose of designating restrooms, hours of operations, entrances and exits to buildings and parking lots, help wanted, public telephones, public notary, etc. Also included are plaques, tablets or inscriptions that are an integral part of a building. 67) SIGN - INTERIOR means any sign attached to the interior surface of the window of any building or structure, or maintained within the building or structure. 68) SIGN - LANDMARK means a sign or plaque that is attached to the surface of the building or on a site that identifies or describes. the historical, cultural, social, or other significance of a building or site. 69) SIGN - LIMITED DURATION means any sign advertising real estate sales or rentals or construction projects utilized for a specified period of time. 70) SIGN MARQUEE OR READERBOARD means a sign that displays a changing message using manually mounted lettering or electronic printout that may be mounted on a building or freestanding pedestal or pole. 71) SIGN MARQUEE OR READERBOARD - PORTABLE means a sign that displays a changing message using manually mounted lettering or electronic printout that may be mounted on an easel, trailer, or other movable equipment. 72) SIGN - NAMEPLATE means a sign which indicates no more than the name and address of the resident of the premises. 73) SIGN - NONCONFORMING means any sign lawfully constructed prior to the enactment of the ordinance codified in this title, which fails to conform to the provisions of this title. Ordinance-9 Draft#2 7125106 74) SIGN - OFF-PREMISE means a sign that carries a message of any kind or directs attention to a business, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the premises where such sign is located, or to which it is affixed. Signs identifying a business complex and containing the names of multiple businesses within the complex shall not be considered an off-premise sign. 75) SIGN - OFF-PREMISE DIRECTIONAL means a sign providing directions to a public or other community event or facility in a location different than the property on which the sign is posted. 76) SIGN - OFF-PREMISE INFORMATIONAL means a sign providing inforration about events conducted at a public or other community facility in a location different than the property on which the sign is posted. 77) SIGN — OPEN HOUSE means a sign welcoming viewers to a piece of residential real estate that is being offered for sale. 78) SIGN — PEDESTRIAN-ORIENTED means a sign the primary purpose of which is to provide information for pedestrians and bicyclists. 79) SIGN - POLITICAL means a temporary sign that identifies a candidate(s) for public elective office; urges a particular vote on a ballot measure in a pending public election, whether local, state or national; or expresses an opinion on a public issue. 80) SIGN - PORTABLE means an unlighted business sign including paper, cardboard, wood or metal, that is capable of being moved easily and that is not permanently affixed to the ground, structure or building. This includes a sidewalk or sandwich board signs, except those worn by a person. 81) SIGN—POSTER means a decorative placard or advertisement intended to advertise a movie, theater production, video or CD, or other product or special event that is being conducted or offered for sale. 82) SIGN — READER BOARD means a lighted or unlighted business sign or part of a sign on which the letters are readily replaceable such that the copy can be changed from time to time at will. 83) SIGN — READER BOARD PORTABLE means a lighted or unlighted business sign or part of a sign on which the letters are readily replaceable such that the copy can be changed from time to time at will. A portable reader board is capable of being moved or trailer-mounted and is not permanently affixed to the ground, structure or building. Ordinance-10 Draft#2 7/25/06 84) SIGN —REAL ESTATE means a temporary sign erected by the owner, or his/her agent, that advertises the real estate upon which the sign is located for rent, lease or sale, or directing people to the property. 85) SIGN — REAL ESTATE DIRECTIONAL means a temporary and/or portable sign that is intended to assist people finding the location of difficult to locate property that is for sale, rent, or lease. 86) SIGN — REVOLVING means any sign that rotates or turns in a circular motion by electrical or mechanical means and does not exceed eight revolutions per minute. 87) SIGN - ROOF means a business sign erected upon or above a roof or parapet of a building or structure. Mansard roof signs shall be considered wall signs. 88) SIGN— SANDWICH OR A-FRAME means a temporary portable 2-faced board style sign that is readily movable and has no permanent attachment to a building, structure, or the ground. 89) SIGN — SPECIAL EVENT means a temporary sign advertising activities concerning a drive or event of a political, civic, seasonal, cultural, philanthropic, educational or religious event or organization that will occur intermittently. 90) SIGN - STRUCTURE means any structure supporting or is capable of supporting any sign defined in this chapter. A sign structure may be a single pole or may or may not be an integral part of the building or structure. (removed the word construction) 91) SIGN - TEMPORARY means any real estate, open house, special event, garage sale, or political sign corresponding to a specific event and displayed for a limited period of time. 92) SIGN—TRACT means signs used for the sale of real property in a platted subdivision. 93) SIGN—WALL means any sign, mural or graphic design which is attached parallel to, or flat against, or is painted on, the wall or exterior of a building or structure having a commercial message or identification. 94) SIGN — WALL MURAL OR ARTWORK means a mural or artwork painted to a building wall that may or may not have a commercial message, name, or other advertisement incorporated. (Exterior surface color alone is not considered a mural Ordinance-11 Draft#2 7/25/06 or artwork.) 95) SIGN — WALL-MOUNTED means a sign attached or erected parallel to and extending from the facade or wall of any building to which it is attached. A wall sign is supported through its entire length with the exposed face of the sign parallel to the plane of said wall or facade. A sign painted on the wall of a building or a sign painted or attached to a marquee shall be considered a wall-mounted sign. 96) . SIGN — WINDOW means any sign which is painted or mounted onto an exterior window pane, or which is hung directly inside the window including advertisements for services or products in the form of decals, emblems, paint, exposed neon, banners, etc within 3 feet of the window pane. 97) SIGN — WINDOW TEMPORARY INDOOR means any sign (or poster) of a temporary nature displayed within a commercial building on the inside of the glass or in close proximity to the window and may be viewed by persons outside of the building. 98) STREET means a public or private way opened to general public use including all classes of roadways and excepting alleys, driveways, and interstate freeways, but including major internal circulation corridors within parking lots. 99) STREET FRONTAGE means the side of the building facing a street that abuts the property on which the building is located. 100) STRUCTURE means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. 101) U.L. means Underwriters Laboratory. 102) ZONE, ZONING DISTRICT. See definition under District. Section 3. That a new Chapter 17.05 entitled "Sign Allowance Table" of the Pasco Municipal Code shall be and hereby is enacted and shall read as follows: CHAPTER 17.05 SIGN ALLOWANCE TABLE Sections 17.05.010 Interpretation of Sign Allowance Table. 17.05.020 Special Provisions by Sign Classification. 17.05.030 Exemptions Ordinance-12 Draft#2 7/25/06 17.05.040 Prohibited Signs. 17.05.050 Sign Illustrations 17.05.010 INTERPRETATION OF SIGN ALLOWANCE TABLE A) The sign allowance table, as incorporated herein, determines whether a specific sign is allowed in a zone district or by land use activity. The zone district or land use activity is identified in the left column and the specific sign allowances are located in the rows of the table. B) If no symbol or number appears in the table box at the intersection of the column and row, the sign is not allowed in that category or is not subject to an allowance. C) If a number appears in the table box at the intersection of the column and row or in the column or row heading, the sign may be allowed subject to the appropriate requirement and specific conditions indicated in the table footnotes. D) All applicable requirements shall govern a sign whether or not the requirements are cross-referenced in the table. 17.05.020, SPECIAL PROVISIONS BY SIGN CLASSIFICATION A) Temporary signs. This si na a shall not be restricted by content but is usual! and customarily used to advertise real estate sales, political or ideological positions, garage sales, special events having a specific date or duration. Such signage shall be subject to the following provisions: 1) All exterior real estate-signs - shall be placed entirely on the property for sale, except as provided below. 2) Residential "open house" signs - are permitted only during daylight hours and during times in which the broker/agent or seller or an agent is in attendance at the property for sale. The sign may be placed within the periphery of the roadway provided it does not interfere with traffic safety, but it shall not be attached to a utility pole or traffic safety device. Such signs shall be permitted only during weekends beginning at 5:00 pm Friday and ending at 8:00 am Monday. 3) Political Signs - may be placed within the periphery of the public roadway provided they do not interfere with traffic - vehicular or pedestrian as provided in 17.05.040 D and 17.09.030, or interfere with the use of any residential or commercial property. Political signs may be placed upon privately owned property with the consent of the property owner. 4) Grand Opening and Special Event Displays - temporary signs, posters, portable reader boards, banners, strings of lights, clusters of flags, blinking lights, Ordinance-13 Draft#2 7/25/06 inflatables, balloons, and searchlights are permitted only to announce the opening of a completely new enterprise, the opening of an enterprise under new management, or a special event. Such displays shall require a sign permit and are allowed only on the premises where the enterprise so advertised is located. a) All banners must be securely fasten taut against the wall of a building and shall not extend above the building. b) Tethered balloons and inflatables can not be more than 70 feet above the surface of the ground. 5) Garage or Yard Sale Signs. (Language on one sign per quarter was removed) a) No garage/yard sale sign shall be placed, affixed, stapled, glued, or taped to any utility pole, street sign, tree, stop sign, fence, etc.; b) No yard garage/yard sale sign shall be placed on a subdivision fence; c) No garage/yard sale sign shall be placed on the right-of-way of any roadway in such a manner as to interfere with traffic, both vehicular and pedestrian, as provided in 17.05.040 D and 17.09.030 or interfere with any residential, commercial or industrial property; d) No garage/yard sale signs shall be placed on private property for more than 72 hours, regardless of the length of the sale. 6) Duration — except for political or as otherwise provided or limited, no temporary sign shall be erected, re-erected, or maintained for more than 30 days, unless permitted as provided hereafter. For the purpose of this regulation, any sign of similar content erected subsequent to the original temporary sign shall be considered as the original sign for the time limitation contained herein. B) Limited Duration Signs. This signage shall not be restrained by content, but is usually and customarily used to advertise nonpermitted events of longer duration than temporary signs to advertise real estate sales or rentals and construction projects that were used during the period of the real estate sales or rental campaign with the completion of the construction project. Specific conditions and period of duration are identified in the chart in Section 17.05.010 above. 17.05.030 EXEMPT SIGNS. The following signs shall not require gpplication, fee or sign permit. These exceptions shall not be construed as relieving the owner of the sign from responsibility of its erection, and its compliance with provisions of this code or any other law or ordinance regulating the same: Ordinance-14 Draft#2 7125106 i A) Changing of the advertising copy or message on theater marquee, readerboards, and similar signs. B) Painting, repainting, cleaning, repairing and other normal maintenance, unless structural or electrical changes are made. C) Signs erected or installed by or at the direction of the City, such as traffic signs, legal notices, railroad warning signs, signs showing the location of underground public utility facilities, and other signs of a non-advertising nature erected for warning or emergency purposes. D) Interior signs, provided that no interior sign shall be permitted in the R-S-20, R-S- 12, R-S-1, R-1 and R-2, R-3, R-4, R-I-A and R-1-A2 zoning districts. E) Temporary signs and decorations that are customary for special holidays and that are erected on private property. F) Signs directly related to a municipal building, structure or installed by the city or required by a governmental entity. G) Bona fide religious symbols. H) Traffic or pedestrian control signs, signs required by law, or signs indicating scenic or historic points of interest that are erected by or on the order of a public officer in the performance of his public duty. 1) Sculptures, fountains, mosaics, and design features that do not incorporate advertising or identification. J) The flag of governments or noncommercial institutions such as schools, with the poles treated as structures. K) Official public notices of federal, state or local governments, official court notices. L) Signs not intended to be viewed by the public from the street right-of-way. M) Lettering or symbols painted directly onto or flush-mounted magnetically onto an operable vehicle. N) Identification signs upon recycling collection containers for public, charitable or nonprofit organizations. O) Emblems of local nonprofit organizations and community service clubs, including signs less than two square feet that identify the meeting place and time. Ordinance-15 Draft#2 7125/06 P) Political signs. 17.05.040 PROHIBITED SIGNS. From and after September 1, 2006, it is unlawful for any person to maintain, erect or place within the city: A) A swinging projecting sign. B) Signs attached to or placed upon a vehicle or trailer parked on private or public property designed to operate as a de facto permanent advertising sign. This provision is not to be construed as prohibiting the identification of a firm or its principal products on a vehicle operating during the normal course of business. This does not include automobile for sale signs or signs attached to licensed buses or taxis. Q Private signs placed in or upon a public right-of-way, except as expressly provided herein. D) Any sign that constitutes a traffic hazard or detriment to traffic safety because of size, location, movement, content, or method of illumination. Any sign that obstructs the vision of drivers or detracts from the visibility of any official traffic control device or diverts or tends to divert the attention of drivers of moving vehicles away from traffic movement on streets, roads, intersections, or access facilities. No sign shall be erected so that it obstructs the vision of pedestrians, or which by its glare or by its method of illumination constitutes a hazard to traffic. No sign may use words,. phrases, symbols or characters in such a manner as to interfere with, mislead, or confuse the steady and safe flow of traffic. E) Any sign or advertising structure or supporting structure that is torn, damaged, defaced or destroyed F) Signs attached to utility poles, trees, rocks or other natural features; G) Signs attached to fences H) Signs attached to benches on public rights-of-way; I) Billboards and product advertising signs; roof signs, including signs painted directly on a sloped or gabled roof surface, strobe lights, lasers; strings of streamers; and all other signs not otherwise specifically authorized or exempted by this chapter. J) Off-premise signs except those expressly permitted herein and except that a maximum of two such signs no more than 2 square feet in size shall be permitted within the periphery of the roadway in such a manner as to not interfere with traffic both vehicular and pedestrian, as provided in 17.05.044 D and 17.09.030 only during weekends beginning at 5:00 pm Friday and ending at 8:00 am Monday, provided they do not create a traffic hazard. Ordinance- 16 Draft#2 7/25/06 K) Balloons or inflatables attached, anchored or tethered to a roof of a building. 17 05 050 SIGN ILLUSTRATIONS To assist in the application of this Title, the Communily & Economic Development Department shall maintain a brochure of exam les provided to illustrate the purpose, design principals and format demonstrating permissible signs allowed in this Title to assist in the interpretation and enforcement of the Sign Code. (Insert Sign Allowance Table) Section 4. That a new Chapter 17.07 entitled "Permits, Fees and Inspection" of the Pasco Municipal Code Shall be and hereby is enacted and shall read as follows: CHAPTER 17.07 PERMITS, FEES AND INSPECTION Sections 17.07.010 Permits, Fees and Inspection. 17.07.020 Application. 17.07.030 Fees 17.07.040 Maintenance. 17.07.050 Inspections. 17.07.060 Approval 17.07.010 No sign shall be erected, constructed, altered, relocated or modified without first obtaining a permit pursuant to the provisions of this Title unless specifically exempted herein. (This section was reworded for clarification purposes) A) Permit—Number Required. A separate permit shall be required for a sign or signs for each business location. If the business entity's sign is part of a group of signs for a business location, only one permit shall be required at the time of application. B) Permit — Time Limitation. If, after the issuance of a sign permit, the operations authorized thereunder are not completed or substantially completed within 180 days after the date of the permit, such sign permit shall be automatically null and void. C) Revocation of Permit. The Building Official may, in writing, suspend or revoke a permit issued under provisions of this chapter whenever the permit is issued in error or on the basis of incorrect information or whenever the sign is in violation of any ordinance, regulation or provision of this chapter. D) Change of Copy - the holder of a permit, for the duration thereof, shall have the right to change the advertising copy on the structure or sign for which the permit was issued, without being required to pay any additional fees. Ordinance-17 Draft#2 7/25/06 E) Wall Sign and Mural Maintenance. Failure to properly maintain the mediums used within a painted wall sign or mural or artwork as defined herein shall be sufficient grounds to revoke the sign permit. F) Interpretation. In all applications for permits where a matter of interpretation arise, the most restrictive definition shall prevail. Approval shall be dependent u op n the showing that the proposed sign meets the specific size and type criteria required under this Title and is compatible with the surrounding environment The Building Official,shall consider the proposed sign's form, proportion, scale, color, materials, surface treatment overall sign size and the size and styling of the lettering considering its relationship with other nearby signs, other elements of the street and site improvements and with adjacent structures 17.07.020 APPLICATION. The permit required by this section is issued by the Building Official pursuant to the provisions of this Chapter. In determining whether the criteria for gpproval of a sin permit are satisfied the Building Official shall use the criteria set forth in this sign code. A decision is to be made within fourteen (14) working days of receipt of a complete application and payment of the fee required Application for a sign permit shall be in written form upon forms furnished by the Building Official and shall include information as the Building Official deems necessary to show full compliance with this sign code and all other laws and ordinances affecting the construction and location of the sign. 17.07.030 FEES. A nonrefundable fee shall be paid upon the filing of an application for a sign permit in accordance with Chapter PMC 3.07 Fee Summary. 17.07.040 MAINTENANCE. All signs shall be maintained in a state of security, safety, and good repair. It shall be the responsibility of every owner of real property and his their tenant or other person in possession of such property with the consent of the owner to maintain every sign on such property in strict compliance with this code. 17.07.050 INSPECTIONS. All signs for which a permit is required shall be subject to inspection by the Building Official. The permit holder shall notify the Building Official when the following work is ready for inspection and shall not proceed further until such work has been approved: A) Footings - before any concrete is poured for freestanding signs or any other sign partially supported on or attached to the ground. B) Electrical - signs containing electrical wiring shall be inspected by the State Department of Labor and Industries. C) Final - to be made immediately after erection. 17.07.060 APPROVAL. Ordinance- 18 Draft#2 7/25/06 A) Each sign shall be adequately constructed - in accordance with the requirements of the International Building Code and Sign Codes, as amended. B) Signs containing electrical circuitry -.shall meet the requirements of all state laws and shall include an approved testing lab sticker. Section 5. That a new Chapter 17.09 entitled "General Regulations" of the Pasco Municipal Code shall be and hereby is enacted and shall read as follows: CHAPTER 17.09 GENERAL REGULATIONS Sections 17.09.010 Generally. 17.09.020 Fire Exits. 17.09.030 Traffic obstruction and visibility. 17.09.040 Removal of dangerous and/or illegal signs. 17.09.050 Abandoned signs and frames. 17.09.060 Property owner's consent. 17.09.070 Projection over public property. 17:09.080 Relocation required. 17.09.090 Clearance from power lines. 17.09.100 Aerial power source. 17.09.010 GENERALLY. All signs, including the frames, braces or supports, including all structural attachments thereof, shall be constructed and maintained in accordance with this title, the International Building Code, Title 25, and all other applicable ordinances of the City. 17.09.020 FIRE EXITS. No sign or any portion thereof shall be anchored to, or attached to, or supported by any fire escape or any standpipe, or erected so as to obstruct or prevent the free ingress and egress from any window, door or fire escape. 17.09.030 TRAFFIC OBSTRUCTION AND VISIBILITY. No sign shall be erected so as to obstruct the vision of vehicular traffic, or at any location where it may interfere with, or be confused with, any traffic signal or device. No sign or sign structure shall be erected within the vision triangle of a corner lot property measured (20 feet along the property line from the intersection of 2 streets or 15 feet from the intersection of a street and alley). 17.09.040 REMOVAL OF DANGEROUS AND/OR ILLEGAL SIGNS. If the Building Official finds that any sign is unsafe or insecure, or is a menace to the public safety, or Ordinance- 19 Draft#2 7/25/06 has been constructed, erected, relocated or altered in violation of the provisions hereof; he shall give written notice to the owner or the tenant of the property wherein it is located to remove or alter such sign. If the owner or tenant fails to comply with the provisions of this title within 10 days after such notice, the Building Official may cause such sign to be removed and the cost thereof shall be paid by the owner or tenant. The Building Official may cause any sign that is an immediate peril to persons or property to be removed summarily and without notice. 17.09.050 ABANDONED SIGNS AND FRAMES. Any sign, including support frames, now or hereafter existing which no longer advertises a bona fide business conducted, or a product sold or service rendered, shall be removed or the advertising copy shall be painted or coated out. If the property owner or tenant fails to do so within 30 days after written notice from the Building Official, the Building Official shall cause the sign to be removed or painted out and any expense incident thereto shall be paid by the owner or tenant. All sign frames and supports of abandoned signs must be removed within one year of the date of abandonment or business closure. 17.09.060 PROPERTY OWNER'S CONSENT. It is unlawful for any person to place, attach or maintain any sign, banner, card, sticker, handbill or other advertising device upon or within any property, whether public or private, without securing the consent of the owner or their tenant. 17.09.070 PROJECTION OVER PUBLIC PROPERTY. Signs supported entirely on private property may extend into the public right-of-way as set forth in the Sign Allowance Table (Chapter 17.10), provided that in no event shall any sign be permitted to extend beyond the curb line. In the absence of a curb, the curb line shall be established by the City Engineer. 17.09.080 RELOCATION REQUIRED. The Building Official may, on 30 days written notice, by reason of changed traffic conditions or the construction or relocation of public improvements or otherwise, find that a private sign that extends over or maintained on a public property must be relocated. The person maintaining such sign must remove, relocate or alter the sign in accordance with the Building Official's finding at their sole expense. 17.09.090 CLEARANCE FROM POWER LINES. No sign shall be constructed or maintained which would have less horizontal or vertical clearance from communications lines or electric power lines than the clearance prescribed by the Electrical Construction Code of the Washington State Department of Labor and Industries. In case of conflict, the most restrictive shall apply. Whenever it becomes necessary for workmen to be less than 10 feet from any electrical conductor carrying more than 600 volts, the sign contractor shall notify the proper utility company to provide a standby service crew. 17.09.100 AERIAL POWER SOURCE. No aerial or overhead power source shall be allowed for any type of sign. Section 6. That a new Chapter 17.11 entitled "Construction Standards" of the Pasco Ordinance-20 Draft#2 7/25/06 Municipal Code shall be and hereby is enacted and shall read as follow: CHAPTER 17.11 17.11 CONSTRUCTION STANDARDS Sections I 17.11.010 General construction 17.11.020 Construction 17.11.010 GENERAL CONSTRUCTION A) GENERAL. All signs shall be designed and constructed to resist wind and seismic forces as specified in this chapter and the International Building Code (IBC). All bracing systems shall be designed and constructed to transfer lateral forces to the foundations. For signs on buildings, the dead and lateral loads shall be transmitted through the structural frame of the building to the ground in such a manner as not to overstress any of the elements thereof. The overturning moment produced from lateral forces shall in no case exceed 2/3rds of the dead-load resisting moment. Uplift due to overturning shall be adequately resisted by proper anchorage to the. ground or to the structural frame of the building. The weight of earth superimposed over footings may be used in determining the dead-load resisting moment. Such earth shall be carefully placed and thoroughly compacted. B) WIND LOADS. For the purpose of design, wind pressure shall be taken upon the gross area of the vertical projection of all signs at not less than 15 pounds per square foot for those portions less than 50 feet above the ground. In calculating wind pressure on cylindrical or spherical signs or sign structures, this pressure shall be assured to act on 6/10ths of the projected area. In all open frame signs, the area used in computing wind pressure shall be 1.5 times the net area of the framing members exposed to the wind. C) SEISMIC LOADS. Signs and sign structures shall be designed and constructed to resist seismic forces as specified in the building code. D) COMBINED LOADS. Wind and seismic loads need not be combined in the design of signs or sign structures; only that loading producing the larger stresses need be used. Vertical design loads, shall be assumed to be acting simultaneously with the wind or seismic loads. E) ALLOWABLE STRESSES. The design of wood, concrete, or steel members Ordinance-21 Draft#2 7/25/06 shall conform to the requirements of the building code. Loads, both vertical and horizontal, exerted on the soil shall not produce stresses exceeding those specified in the building code. The working stresses for wind or seismic loads combined with dead loads may be increased as specified in the building code. The working stresses of wire rope and its fastenings shall not exceed 25% of the ultimate strength of the rope or fasteners. 17.11.020 CONSTRUCTION. A) GENERAL. The supports for all signs shall be placed in or upon private property and shall be securely built, constructed, and erected in conformance with the requirement of this title. B) MATERIALS. Materials of construction for signs shall be of the quality and grade as specified for buildings in the building code. In all signs, the materials and details of construction shall, in the absence of specified requirements, conform to the following: 1) Structural steel shall be of such quality as to conform to standards of the building code. The thickness of sheet metal, when formed integrally with the display surface, shall be not less than No. 24 gauge. When not formed integrally with the display surface, the minimum thickness of the secondary members shall be not less than No. 12 gauge. The minimum thickness of hot-rolled steel members furnishing structural support for signs shall be of sufficient strength to support the loads imposed upon them. Steel pipes shall be of such quality as to conform to the building code. Steel members may be connected with one galvanized bolt provided the connection is adequate to transfer the stresses in the member; 2) Anchors and supports for signs, when of wood which are embedded in the soil, or in direct contact with, shall be pressure treated with an approved preservative before erection. 3) No material, part, portion, or equipment shall be used in any sign that might become dangerous because of vibration, corrosion, disintegration, or an other l�' � Y reason. C) RESTRICTIONS ON COMBUSTIBLE MATERIALS. Freestanding signs may be constructed of any materials meeting the requirements of this title. Wall signs, blade or projecting signs, and signs on awnings or canopies or marquees shall be constructed of incombustible materials, except as provided in subsection (d) of this section. Ordinance-22 Draft#2 7125/06 No combustible materials other than approved plastics shall be used in the construction of electric signs. D) NONSTRUCTURAL TRIM. Nonstructural trim may be of wood, metal, approved plastic or any combination thereof E) ANCHORAGE. Members supporting unbraced signs shall be so proportioned that the bearing loads imposed on the soil in either direction, horizontal or vertical, shall not exceed the safe values. Braced signs shall be anchored to resist the specified wind or seismic load acting in any direction. Anchors and supports to the ground shall be designed for safe bearing load on the soil and for an effective resistance to pull-out amounting to a force 25% percent greater than the required resistance to overturning. Signs supported by frames or posts rigidly attached to the base but not anchored into the ground shall be so proportioned that the weight and size of the base will be adequate to resist the wind pressure specified in Section 17.11.410 B). Signs attached to masonry, concrete, or steel shall be safely and securely fastened thereto by means of metal anchors, bolts, or approved expansion screws of sufficient size and anchorage to safely support the loads applied. No wooden blocks or plugs or anchors with wood used in connection with screws or nails shall be considered proper anchorage, except in the case of signs attached to wood framing. No anchor or support of any sign shall be connected to, or supported by, a parapet wall, unless such wall is designed in accordance with the requirements specified in the building code for parapet walls. Cables, chains, wires or other flexible or loosely connected members shall not be considered as adequate fastening, except for cloth signs and banners. No sign shall be erected within the City unless the same is securely affixed to a solid foundation or constructed so as to prevent the movement of the sign in a swinging motion. F SIGN QUALITY. All signs, and a copy thereon visible from the street shall be desijzned and constructed to reduce distraction to motorists and copy thereon shall be clear legible and compatible with other permitted signs within that zoning district. (Replaces language requiring signs to be lettered in a workmanship like manner.) Section 7. That a new Chapter 17.13 entitled "Off-Premise Signs" of the Pasco Municipal Code shall be and hereby is enacted and shall read as follows: CHAPTER 17.13 17.13 OFF-PREMISE SIGNS Ordinance-23 Draft#2 7/25/06 Sections 17.13.010 Generally. 17.13.020 Off-Premise Directional Sign Standards. 17.13.030 Off-Premise Directional Sign Location & Approval Requirements. 17.13.040 Standards and Locations for Off-Premise Directional Sign Kiosks. 17.13.050 Off-Premises Directional Sign Kiosk Design. 17.13.060 Eligibility Requirements to use Kiosk Space. 17.13.070 Kiosk Licenses. 17.13.010 GENERALLY. Except where otherwise specifically permitted by this Code, it shall be unlawful and constitute a civil infraction for any person or entity to erect, maintain, locate, or re-located any off-premise sign of any kind within the City of Pasco. 17.13.020 OFF-PREMISE DIRECTIONAL SIGN STANDARDS. All off-premise directional signs shall conform to the following standards: A) Be constructed of an aluminum sign stock or alternate material of equal quality approved by the Community &Economic Development Director. B) Be affixed to the ground by a metal post of a gauge, size and height equal to those used for the erection of stop signs and standard street name signs. C) Sign faces shall not be larger than 2 feet by 2.5 feet in size. D) All sign backgrounds shall be painted white with a blue trim or border as approved by the Community& Economic Development Director. E) Lettering and arrows shall be painted blue and of the specified lettering fonts as approved by the Community & Economic Development Director. F) All signs, including the lettering thereon, shall be reviewed for clarity, legibility and compatibility with other signs within the zoning district. 17.13.030 OFF-PREMISE DIRECTIONAL SIGN LOCATION & APPROVAL REQUIREMENTS. Off-premise directional signs not proposed for approved kiosks may be permitted in commercial or industrial zones of the City through the Special Permit Process provided the following conditions are met. A) The business or place requesting the special permit must clearly demonstrate it is in a location that is difficult and or confusing to find. Ordinance-24 Draft#2 7/25/06 I B) The business or place does not have direct access to an arterial street. . C) That there are no other reasonable and cost effective alternatives of directing individuals to the business or place . D) Be supported by findings of fact developed through the review criteria in 25.86.060. E) Located on private property; and F) Not be adjacent locations identified in 17.30.040. 17.13.040 STANDARDS AND LOCATIONS FOR OFF-PREMISE DIRECTIONAL SIGN KIOSKS. Due to the lack of intensive development and or the existence of new streets, certain areas of the community will be permitted to have off-premise directional sign kiosks. Off-premise directional sign kiosks are permitted to be erected near the intersections of the following streets: A) Broadmoor Boulevard& St. Thomas Drive. B) Broadmoor Boulevard& Sandifur Parkway. C) Sandifur Parkway& Road 68. D) Road 68 &Burden Boulevard. E) East Lewis Street& East Lewis Place. F) Hillsboro Street & Commercial Avenue. G) Hillsboro Street& Railroad Avenue. H) Oregon Avenue & James Street. I) Lewis & 28th Avenue. The City Council may periodically review the need for off-premise directional sign kiosks and modify the list of permitted locations for such signs by either adding or deleting approved locations. Off-premise directional sign kiosks may be placed in the public right-of-way or private property on sites that are compatible with the surrounding environments and complying with the criteria set forth in this code and do not create hazard upon approval by the Community & Economic Development Director. Ordinance-25 Draft#2 7125/06 i 17.13.050 OFF-PREMISE DIRECTIONAL SIGN KIOSK DESIGN. Off-premise directional sign kiosks shall be designed and constructed by a licensed sign contractor. All off: premise sign designs and construction materials must be approved by the Community & Economic Development Director. As a minimum criteria, all directional sign kiosks shall be construction of a metal or masonry framework and contain panel space for a minimum of 4 individual business identification signs. The color of the kiosk and individual sign plates shall not interfere with traffic signals or signage and shall be compatible with the character of the surrounding commercial environment, if any. 17.13.060 ELIGIBILITY REQUIREMENTS TO USE KIOSK SPACE. All individual signs on a kiosk must be approved by the Community & Economic Development Director. To be considered eligible for placement a off-premise sign kiosk, a business, organization, or place must; meet or comply with items A) and B) listed below and meet or comply with at least one of the criteria identified in C), D) or E)below: A) Be a business, organization or place within the City limits of Pasco and be within the general vicinity of the location of the kiosk; and B) Not have erected an on premise freestanding sign higher than 35 feet after the passage of this ordinance. Those properties that contain at least 100,000 square feet of floor area are exempt from the prohibition of on premise signs exceeding 35 feet in height; and C) Be a place or organization of community wide interest, operating programs in Pasco and recognized by a civic entity; or D) Be a tourist attraction recognized by the City of Pasco or the Tri-Cities Visitor and Convention Bureau; or E) Have at least 5,000 square feet of floor area within one building and/or an approved outdoor display area exceeding 20,000 square feet. 17.13.070 KIOSK LICENSES. All off-premise sign kiosks not erected by the City must. be covered by a license prior to permitting. All licenses shall be approved by the City Council. At a minimum a licensee shall contain terms and conditions that will permit the location and construction of an off-premise sign kiosk. All licenses shall be prepared by the City Attorney and shall bind the licensee to strict construction, design,maintenance, and sign message conditions. Licenses shall be non-exclusive and will give the City the right to authorize or reject the placement of individual sign plates based upon their form, proportion, scale, color, materials, surface treatment, overall sign size, and the size and style of the lettering, without restriction by content. The licensee shall have an obligation to include sign plates of competing businesses or developments if said sign plates are approved by the City. Ordinance-26 Draft#2 7/25/06 Section 8. That s new Chapter 17.15 entitled "Nonconforming Signs" of the Pasco Municipal Code shall be and hereby is enacted and shall read as follows: CHAPTER 17.15 17.15 NONCONFORMING SIGNS Sections 17.15.010 General. 17.15.020 Maintenance. 17.15.030 Moving of Alterations. 17.15.040 Appeal. 17.15.050 Removal of Nonconforming Signs. 17.15.010 GENERAL. A) Prohibited signs under Section 17.05.040, existing on September 1, 2006, may continue in use subject to the conditions of this Chapter. Every sign which by change of zoning district or by annexation of territory to the City, becomes in violation of, or does not conform to the provisions of this title, shall be removed or altered so as to conform with the provisions of this title within five (5)years from the effective date of such amendment or change. 17.15.020 MAINTENANCE. Nonconforming signs may be maintained, repaired and repainted without a permit or fee; however, the sin other than change of copy, may not be modified (unless the modification brings the sign into compliance with this code) expanded, relocated or structurally altered. Maintenance excludes major structure repairs designed to extend the useful life of the nonconforming sign. If the nonconforming sign is damaged by wind fire neglect, or by any other cause and such damage exceeds 60% of its replacement value the nonconforming sign will be removed. Upon change of use of a business or premises, a nonconforming,sign shall be brought into compliance with this code within 180 dates. 17.15.030 MOVING OR ALTERATIONS. In such cases where a nonconforming sign is moved or changed, the sign shall be treated as a new sign and shall be subject to the requirements of this title. 17.15.040 APPEAL. The period specified in Section 17.15.010 may be extended by the Hearing Examiner upon application of the person maintaining such sign if the Hearing Examiner finds that such an extension is necessary for the preservation of substantial property rights of the applicant. The application for the extension shall be made in writing with the City Planner within 10 days after notice to remove the sign has been issued by the Building Official. Ordinance-27 Draft#2 7/25106 17.15.050 REMOVAL OF NONCONFORMING SIGNS. If the provisions of Section 17.15.010 are not complied with regarding removal or alteration of non-conforming signs, and no appeal is made in accordance with Section 17.15.040, the non-conforming sign to may be removed by the city, and the cost thereof shall be charged to the owner or tenant. If the removal of any sign requires compensation in accordance with RCW 47.42.107, such sign may remain until the city orders compliance by written notice. Section 9. That a new Chapter 17.17 entitled "Variances and Appeals" of the Pasco Municipal Code shall be and hereby is enacted and shall read as follows: CHAPTER 17.17 VARIANCES AND APPEALS Sections 17.17.010 Variance and appeal procedure. 17.17.010 VARIANCES AND APPEALS PROCEDURE. A) POWERS. Recognizing that there are certain cases that may, or may not, be detrimental to aesthetic character, public health, safety and general welfare, and the effectiveness of visual communication in the city depending upon the facts of each particular case, a limited power to issue variance permits and to interpret any section of the title is vested with the Hearing Examiner. B) VARIANCES AND APPEALS. Application for appeals and variances from the ruling of the Building Official, concerning the provisions herein, may be made to the Hearing Examiner. The City Planner shall receive all applications requesting review of the Building Official's requirements, decisions, or determinations relating thereto, for a variance. The City Planner shall fix a reasonable date and time for the public hearing and shall give at least 10 days advance written notice thereof to the parties and to the owners of property within 300 feet of the actual or anticipated location of this sign subject to the variance. The Hearing Examiner shall conduct a hearing and make a decision following the procedures outline in Chanter 25.84 PMC. C) STAY. An application to the Hearing Examiner stays all proceedings, in furtherance of the action unless in the opinion of the Building Official a stay would cause imminent peril to life or property. D) VARIANCE CRITERIA. The Hearing_Examiner may @pprove a variance for the requirement of this code if the applicant demonstrates that: 1) Strict application of the code requirement would den the he applicant a reasonable opportunity to communicate by sign in a manner similar to like persons or uses because of an unusual or unique circumstance relating to the property or the Ordinance-28 Draft#2 7/25/06 I proposal, such as site or building location buildine design, physical features of the property, or other circumstance not created by the applicant; 2) The sign which would result from the variance will not affect the surrounding neighborhood or other property affected by the request in a manner material inconsistent with the VMoses of this sign code; and 3) The degree of the variance is limited to that reasonably necessary to alleviate the problem created by the unique of unusual circumstances identified in subsection A of this section. E) Appeal Any person or entity having a direct interest affected by the decision of the Community & Economic Development Director or Building Official regarding the approval or denial of a permit, conditions imposed for approval, or interpretation or application of the provisions of this sin code may appeal that decision to the Hearing Examiner in the same manner as the procedure provided in subsection B above In hearing the appeal, the Hearing Examiner shall give deference to the Community & Economic Development Director and Building Official's ex ertise and the applicant shall bear the burden of proof that the Community & Economic Development Director and/or Building Official's decision was arbitrary or ca ricious or clearly erroneous. F) Finality The Hearing Examiner shall render its decision together with the written Findings of Fact within ten 10 working days of the close of the hearing. G Unless a Land Use Petition Act appeal by a person having standing is initiated pursuant to Chapter 36.70C RCW in the Franklin County Superior Court within 21 days of the issuance of the land use decision the decision of the Hearing Examiner shall be final. H) Collection of Expenses Incurred. Whenever, pursuant to the provisions of Sections 17.15.040, or 17.15.050, the City incurs any expense in connection with the removal or alteration of any sign, the cost thereof shall be paid by the owner of the real property upon which the sign is erected or maintained. In the event any other person is in possession of such property with the consent of the owner, the owner and such other person shall be jointly responsible for the payment of such cost. The City shall submit to the owner and/or other person in possession of the premises,.a statement of costs incurred by the City for removing or altering the sign. Upon the failure to receive full payment within 30 days from the date the statement is submitted, or within 30 days after conclusion of any appeal proceedings, whichever is later, the City is authorized to provide for the collection of the amounts due in any lawful manner. Section 10. REPEAL Ordinance-29 Draft#2 7125106 The existing Sign Code consisting of the following Chapters of the Pasco Municipal Code shall be and hereby are repealed in their entirety: Chapter 17.02, 17.04, 17.08, 17.10, 17.12, 17.14, 17.16, 17.20, 17.24, 17.28, 17.32, 17.36, 17.40, 17.44, 17.46, 17.48, 17.52, 17.56 and 17.60 Section 11. This Ordinance shall take full force and effect the first day of September 2006, after its approval,passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington and approved as provided by law this day of 72006. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Leland B. Kerr City Clerk City Attorney Ordinance-30 Draft#2 7/25106 AGENDA REPORT FOR: City Council July 24, 2006 TO: Gary Crutchfield, i a ger Workshop Mtg.: 07/31/06 Stan Strebel r tive & Community Regular Mtg.: 08/07/06 Services c o FROM: Paul Whitemarsh, Recreation Services Manager SUBJECT: Senior Center Facility and Programs Study I. REFERENCE(S): A. Proposed Agreement with Gerontological Consultants Northwest, Inc. (GCNW) II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 7131: Discussion 8/7: MOTION: I move to approve the professional services agreement with Gerontological Consultants Northwest, Inc. and further, to authorize the City Manager to execute said agreement. III. FISCAL IMPACT: $6,570.00 IV. HISTORY AND FACTS BRIEF: A) Pasco has one of the finest Senior Centers in the state but like so many others, participation is falling off as the baby boomers are becoming the new seniors. The recreation division has been concerned for some time that participation in many of the traditional programs at the Senior Center has been declining. It is apparent that the activities such as the weekly dances, card games, china painting and pot luck dinners do not attract people as they once did. B) The Senior Center Facility is a valuable resource, but to effectively serve the community the City must develop uses and programs that will attract more active seniors. C) GCNW, a firm which specializes in senior services consulting, has the experience and capability to assist staff and the Senior Advisory Committee in evaluating current trends and programs and to assist in the development of recommendations for the future of the facility. Staff recommends approval of the agreement. 3(e) PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter referred to as the "City", and Gerontological Consultants Northwest, Inc., hereinafter referred to as the "Consultant". WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to perform a study of the trends and services offered at the Pasco Senior Center. NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: I. Scope of work. The scope of work shall include all services and material necessary to complete the work as outlined in the scope of services entitled "Pasco Senior Center Study, Phase I, Scope of Services" marked as Exhibit A, attached hereto and incorporated herein by this reference. 2. Ownership and use of documents. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant shall not be considered public records, provided, however, that: A. All final reports, presentations and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become public records. B. The City shall have the right, upon reasonable request, to inspect, review and, subject to the approval of the Consultant, copy any work product. C. In the event that the Consultant shall default on this Agreement, or in the event that this contract shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this contract. The summary of work done shall be prepared at no additional cost, if the Agreement is terminated through default by the Consultant. If the Agreement is terminated through convenience by the City, the City agrees to pay Consultant for the preparation of the summary of work done. 3. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be as follows. Lump sum compensation (to include travel, meals and lodging, two trips to Pasco for meetings) in the amount of$6,570. G. C. Northwest, Inc. Senior Center Study 1 B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly and deliver the completed work product by October 1, 2006. 5. Hold harmless agreement. In performing the work under this contract, the Consultant agrees to defend the City, their officers, agents, servants and employees (hereinafter individually and collectively referred to as "Indemnities"), from all suits, claims, demands, actions or proceedings, and to the extent permissible by law, indemnify and hold harmless the Indemnities from A. All damages or liability of any character including in part costs, expenses and attorney fees, based upon, any negligent act, error, or omission of Consultant or any person or organization for whom the Consultant may be responsible, and arising out of the performance of professional services under this Agreement; and B. All liability, loss, damage, claims, demands, costs and expenses of whatsoever nature, including in part, court costs and attorney fees, based upon, or alleged to be based upon, any act, omission, or occurrence of the Consultant or any person or organization for whom the Consultant may be responsible, arising out of, in connection with, resulting from or caused by the performance or failure of performance of any work or services other than professional services under this Agreement, or from conditions created by the Consultant in the performance or non-performance of said work or service, regardless of whether or not caused in part by the party indemnified hereunder. 6. General and professional liability insurance. The Consultant shall secure and maintain in full force and effect during performance of all work pursuant to this contract a policy of comprehensive general liability insurance providing coverage of at least $500,000 per occurrence and $1,000,000 aggregate for personal injury; $500,000 per occurrence and aggregate for property damage; and professional liability insurance in the amount of $1,000,000. Such general liability policies shall name the City as an additional insured and shall include a provision prohibiting cancellation of said policy, except upon thirty (30) days written notice to the City. The City shall be named as the certificate holder on the general liability insurance. Certificates of coverage shall be delivered to the City within fifteen (15) days of execution of this Agreement. 7. Discrimination prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin or physical handicap. G. C. Northwest, Inc. Senior Center Study 2 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and sub-consultants during the performance of this contract. 9. City approval. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this contract must meet the approval of the City. 10. Termination. This being an Agreement for professional services, either parry may terminate this Agreement for any reason upon giving the other parry written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. 11. General Provisions. For the purpose of this Agreement, time is of the essence. Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply, and the prevailing parties shall be entitled to its reasonable attorney's fees and costs. 12. Integration. The Agreement between the parties shall consist of this document and the Consultant's proposal attached hereto. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibit A, this Agreement shall control. 13. Non-waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Non-assignable. The services to be provided by the contractor shall not be assigned or subcontracted without the express written consent of the City. 15. Covenant against contingent fees. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. G. C. Northwest, Inc. Senior Center Study 3 16. Notices. Notices to the City of Pasco shall be sent to the following address: CITY OF PASCO P. O. BOX 293 PASCO, WA 99301 Notices to the Consultant shall be sent to the following address: G. C. Northwest,Inc. Donna Shewey, President 2221 SW 1"Avenue, Suite 625 Portland, OR 97201 Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in the U. S. mails, with proper postage and properly addressed. DATED THIS DAY OF , 2006 CITY OF PASCO CONSULTANT: G. C. Northwest, Inc. By: By: City Manager Title: G. C. Northwest, Inc. Senior Center Study 4 Exhibit "A" City of Pasco Washington Pasco Senior Center Study Phase I Scope of Services The proposed GCNW scope of work for Phase I of the City of Pasco Senior Center Study will provide sufficient collection of data,research, review and community input for the Senior Center Advisory Board to make recommendations to the City Council on the future direction of the Pasco Senior Center. The attached fee estimate is based on the following scope of work. Task 1 Review Inventory of current Senior Center Programs and Activities Task 2 Analyze who the present clientele (customer) is and address potential changes in the coming years Task 3 Research and review National Senior Center Trends, especially in the Pacific Northwest and compare to the Pasco Senior Center Task 4 Analyze Demographics of the City of Pasco and the surrounding area and address how they will impact the Pasco Senior Center now and in the future Task 5 Conduct a visioning session and one follow up meeting after report preparation with the Pasco Senior Center board, staff and community volunteers who participated in the visioning session Task 6 Address key community partners who have or should have interest in the Pasco Senior Center Task 7 Complete a written report addressing each of the above tasks and include recommendations from the board visioning session and GCNW findings. AGENDA REPORT NO. 23 FOR: City Council July 26,2006 TO: Gary Crutch , 1 Manager Workshop: July 31, 2006 Robert J.Alber ublic Works Director Regular Meeting: August 7, 2006 FROM: Doug Bramlette, City Engineer SUBJECT: Burden Boulevard Widening; Project#05-3-06 I. REFERENCE 1. Vicinity Map 2. Bid Summary 3. Resolution#2378 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 7131: Discussion: Discuss the bids received on July 12, 2006 for the Burden Boulevard Widening Project III. FISCAL IMPACT: Arterial Street Fund IV. HISTORY AND FACTS BRIEF: On July 12, 2006, staff received four bids for the Burden Boulevard Widening Project # 05-3-06. The low bid was received from Transtate Paving Company, for the total amount of$315,553.80. The second lowest bid was received from A & B Asphalt for the amount of$331,425.60. The Engineer's Estimate for the project is $238,030.00. The 2006 budget for the project is $200,000.00. The project involves widening the south side of Burden Boulevard starting and including the intersection at Road 44 to the intersection at Road 52. This project reflects the commitment to widen Burden Boulevard from a two lane road to a three lane road with bike lanes, as developments occur in accordance with Resolution #2378. In 1998, the City recognized the need for improving the right- of-way for continued and future orderly development in the I-182 corridor which included improving Burden Boulevard. Section 3 of the resolution addresses Burden Boulevard between Road 44 and Road 60. Since 1998, the north side of Burden Boulevard has been widened, leaving the south side to be improved. Prior to 1998 the land between Road 44 and Road 52 had been developed on the south side leaving the responsibility to widen that portion of Burden Boulevard to the City. The bids received are for that project including landscaping and sidewalks. The remainder of Burden Boulevard is anticipated to be finished by developers in 2007. Staff believes it is important for the City to follow through with the commitment to widen Burden Boulevard even though the bidding climate is not favorable. The landscaping portion of the bids added approximately $80,000.00 to the project. Since landscaping is not typical for City street projects funded through the Arterial Street Fund, staff recommends the Council allocate $50,000 of general funds to the project. The remaining necessary funds would come from the Arterial Street Fund. If Council is in agreement, staff will recommend award of the contract at the August 7, 2006 Council Meeting. V. ADMINISTRATIVE ROUTING Project File 3(f) O AS IROZ't f ' 1 9£ ` II , U j f E o JP a z t . I j f r7 o � �� 6 0* a avox APP Oo i 1 �a g° � j t x", Ll iaWox 'f '' filavol City of Pasco BURDEN BOULEVARD WIDENING Project No. 05-3-06 JULY 129 2006 BID SUMMARY Total Engineer's Estimate $238,030.00 1. Transtate Paving Company $315,553.80 2. A & B Asphalt $3311425.60 3. Inland Asphalt Company $3565644.80 4. West Coast Construction $3735603.40 E z RESOLUTION NO. X3-7 r�p �3 A RESOLUTION AFFIRMING CITY POLICY ON REQUIRED STREET IMPROVEMENTS AND ACCESS IN THE 1-1.82 CORRIDOR. JA WHEREAS, adequately developed and improved rights-of-way are . necessary for access to property, for the movements of goods and services within the community, for timely response by emergency personnel and equipment, and for maintaining the general welfare; and WHEREAS, adequately developed and improved rights-of-way are necessary for continued and future orderly development of the City; and, WHEREAS, adequately developed and improved 'rights-of way improve and secure property values; and WHEREAS, adequately developed and improved rights-of-way means rights-of-way that contain curb, gutter, sidewalk; illumination, traffic control devices,drainage control, engineered road bases, asphalt driving and parking lanes, and monumentation all as approved by the City Engineer; and WHEREAS, the primary purpose of arterial streets is to move traffic from one point in the community to another, with property access being only a-secondary function; and, WHEREAS, the location and number of intersecting streets and driveways on arterial streets effects the carrying capacity of arterial streets and diminishes the value of the public investment therein; and, WHEREAS, numerous driveways and intersecting streets at too frequent intervals on arterial streets can hinder the free flowing movement of traffic and leads to the creation of traffic safety hazards; and, WHEREAS, the Planning Commission conducted a public workshop to review the need for access and right-of-way improvement requirements as property develops in the Road 68/1-182 area of the City ; and, WHEREAS, the City Council has reviewed the Planning Commission's work for right-of-way improvements and access restrictions for major streets in the Road 68/1-182 area of the City and has determined that said access restrictions and right-of-way improvements are needed to insure the public is properly served in terms of maintaining the general welfare of the community; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: JF; Section 1. That Road 68 between 1-182 and Sandifur Parkway shall be developed with five lanes, four travel lanes and a center turn lane. Section 2. That local access and collector streets intersecting with Road 68 north of 1-182, and with Burden Boulevard shall not be located closer than 600 feet apart. , Section 3. That Burden Boulevard shall be developed from Road 60 to Road 44 with three lanes, two travel lanes, a center turn lane and a bike lane on the north and south side. When needed these improvements could be converted to four travel lanes. Section 4. That adequate and proper right-of-way improvements shall include: curb, gutter, sidewalk, illumination, traffic control devices, drainage control, engineered road bases, asphalt driving and parking lanes if any, and monumentation. All such improvements shall be approved by the City Engineer prior to construction and prior to acceptance by the City. Section 5. That the developer of real property shall be responsible for installing the required improvements within the respective half of the right- of-way width abutting the real property being developed, provided such improvements will result in at least two (2) traffic lanes being available. Section 6. That no residential driveways shall be permitted on Road 68 north of I-182, or on Burden Boulevard . Section 7. That commercial driveways shall only be permitted at 200 foot intervals on Road 68 north of I-182, and on Burden Boulevard. Section 8. That right-of-way widths for all arterials shall not be less than 80 feet. The City may, where deemed necessary, require dedication of additional right-of-way to accommodate right hand turn lanes. Passed the City Council of the City of Pasco this 15 day of June, 1998. c. Charles D. lbury, M or ATTEST: APPROVED AS TO FORM: Catherine D. Seaman, Deputy City Clerk Leland B. Kerr, City Attorney AGENDA REPORT FOR: City Counci July 19, 2006 TO: Gary Crutch i i Manager Workshop Mtg.: 07/31/06 FROM: Gregory L. G cia, Fire Chief Regular Mtg.: 08/07/06 SUBJECT: Replace a 1988 Rescue/Grass Fire Truck I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 7/31: Discussion 8107: MOTION: I move to authorize purchase of a replacement rescue vehicle to be expended against the Equipment Replacement Reserve. III. FISCAL IMPACT: $98,000 expenditure IV. HISTORY AND FACTS BRIEF: A) The current Rescue/Grass fire truck was manufactured in 1988 which will make it 19 years old next year. Typically this type of vehicle is replaced after 15 years. However, because it has not been driven long distances, the department has maintained the vehicle beyond its typical life. B) The current rescue truck also is a grass firefighting vehicle and with the growth in the City (reduction in expansive dry grass areas), staff has determined that we no longer need two grass firefighting vehicles. In 2002, we replaced the cab and chassis of the primary grass truck, which made it a like-new vehicle. It would now be more beneficial to have a regular rescue vehicle because of the increased traffic on the streets and highways. V. DISCUSSION: A) After researching the type of vehicle that would be appropriate it was determined that a heavy duty vehicle with a utility body would be better than having a combination grass firefighting trick with the rescue equipment on board. The vehicle would be lighter, faster and be able to carry the proper rescue equipment on board. A combination vehicle limits the amount of rescue equipment that can be carried on board. B) There are sufficient funds in the Vehicle replacement Fund to purchase a new rescue vehicle and to mount all of the necessary rescue equipment this year. Staff is requesting permission to expend the funds to purchase the new rescue vehicle this year. 3(9) AGENDA REPORT TO: City Council July 27, 2006 FROM: Gary Crutch anager Workshop Mtg.: 7/31/06 SUBJECT: Amendment o PMC 16.06 I. REFERENCE(S): 1. PMC Chapter 16.06 (Utility Service Requirements for Building Permits) 2. Map depicting areas excepted from requirement II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 7/31: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) In 1981, the City Council codified the standing requirement that any development in the city authorized under issuance of a building permit by the city would concurrently be required to connect that development to the city's water and sewer systems. The purpose of such a requirement is obvious, in that it assures full utilization of the utility infrastructure made by the city and its ratepayers as well as assuring public health and sanitation standards are fulfilled in an urban environment. At the time the standard was codified (Ordinance 2303 in 1981), the city also provided for "waivers" to be authorized by the City Council for those developments that were simply too far from an existing utility line to warrant the extraordinary expense of extending it in conjunction with the proposed development. B) While the "waiver" provision applies to any location within the city, the City Council further provided that two specific areas of the city would be exempt from the requirement to obtain a waiver to avoid extension or connection to the utility system (see PMC 16.06.202). The purpose of the "exception" was to recognize that both the FCID Industrial Park and the Southeast Pasco Annexation areas were simply too far from the existing municipal sewer system to warrant any serious consideration of requiring connection to the sewer system in conjunction with the development and the city did not wish to create an impediment to development in those areas by requiring a potential investment to first go through a waiver request. C) Since 1982, the city's sewer system has been substantially extended so as to be within the proximity of both the FCID Industrial Park and the Southeast Pasco Annexation area, described in PMC 16.06.020. V. DISCUSSION: A) Given the fact that over the past 25 years, the city's sewer system has in fact been extended so as to be in relative proximity to both of the referenced industrial areas, it is no longer appropriate that those two areas be "excepted" from the fundamental sewer service requirement. While a given development may wish to present a request for waiver consideration by the City Council, it should have to meet the same standard of review that all other properties in the city are subject to, since the sewer system is in relative proximity to much of the two areas previously excepted. To accomplish that change, PMC 16.06.020 should be deleted from PMC 16.06; the effect of such a deletion would be simply to require connection to the sewer system unless specifically waived by the City Council, as any other property in the city has the right to request. B) Given Council concurrence, an appropriate ordinance will be prepared for the next regular meeting. 3(h) CHAPTER 16.06 UTILITY SERVICE REQUIREMENTS FOR BUILDING PERMITS 16.06.010 AVAILABILITY OF WATER AND SEWER SERVICE REQUIRED ....................................................................................... 14 16.06.020 EXCEPTIONS ................................................................... 14 16.06.030 WAIVER - AUTHORIZED................................................... 14 16.06.040 WAIVER-CRITERIA........................................................... 15 16.06.010 AVAILABILITY OF WATER AND SEWER SERVICE REQUIRED. The availability of City water and sewer service to the lot(s), parcel(s) or tract(s) of land sought to be improved by construction of a structure for human habitation, or industrial or commercial use, shall be a prerequisite to the issuance of a building permit. No building permit shall be issued without compliance with this section except as stated in this chapter. "Availability of City water and sewer service" means the physical connection to transmission lines of such service, after paying for all applicable connection fees including the installation of a water meter and having the water meter installed and activated or in the case of sewer service only the physical presence of such service within a street, or other easement of the City of Pasco adjoining the lot(s), parcel(s) or tract(s) of land to be improved. (Ord. 2412 Sec. 1, 1982; Ord. 2303 Sec. 1, 1981.) 16.06.020 EXCEPTIONS. The following listed areas of the City of Pasco may be served by on-site sewage disposal meeting the requirements of the Benton-Franklin Health Department. Availability of City sewer service shall not be a prerequisite to a building permit in these listed areas: (A) FCID industrial park subdivision with 1-1 or 1-2 zoning; (B) The Southeast Pasco Annexation Area described in Ordinance No. 2042 with I-1 or I-2 zoning. (Ord. 2303 Sec. 2, 1981.) 16.06.030 WAIVER - AUTHORIZED. The prerequisite requirements for a building permit stated in Section 16.06.010 may be waived by approval of the City Council by majority vote at any regular meeting, upon such forms as they shall deem necessary to enable them to make specific findings of fact as to why a waiver should be granted. All such waivers must be applied for in writing on a form or forms to be supplied by the City of Pasco and all denials of such waiver shall also be in writing and state specific findings upon which the denial is based. The grant of a waiver may be reasonably conditioned and any such conditions shall be in writing, signed by the owner of the land, recorded and run with the land. Such conditions may include but shall not be limited to the following: (1) A specific period of exception; (2) Required participation in future public sewer and/or water service extension by L.I.D. or other means; (3) The signing by the owner of the property of a hold harmless and/or indemnity agreement in favor of the City of Pasco. (Ord. 2303 Sec. 3, 1981.) 16.06.040 WAIVER-CRITERIA. Any determination to grant, deny, or grant with conditions an application for a waiver described in Section 16.06.030 shall be based upon the following criteria: A) Special circumstances applicable to the property in question or to the intended use that do not generally apply to other properties or classes of use in the same vicinity or zoning classification; B) A waiver is necessary for the preservation and enjoyment of a substantial property right or use possessed by other property in the same vicinity and in zoning classification, which because of special circumstances is denied to the property in question; C) The granting of the waiver will not be detrimental to the public welfare or injurious to any person, property or improvements thereon in such vicinity and zoning classification in which the subject property is located; D) The granting of a waiver will not conflict with the general intent of this chapter; E) Except as provided below, no waiver shall be granted for any property lying within the boundaries of the Pasco Landfill ground water protection area (the Protection Area) as delineated on the official map designating said area on file at the City of Pasco Public Works Department. If the City of Pasco receives a waiver request, it shall notify the Department of Ecology of such request, and shall provide the Department of Ecology all relevant information regarding such request. F) If the residual hazardous substances in the groundwater remaining within the entirety of the Protection Area are subsequently reduced in concentration such that the method A or method B cleanup levels, as applicable, established under WAC 173-340-700 through 173-340-760 are met, then Section 5 hereof shall be of no further force and effect, if the Department of Ecology, after public notice and opportunity for comment, concurs. (Ord. 3469 Sec. 1, 2001; Ord. 2303 Sec. 4, 1981.) O 1 r •Ilil O A 6 i J L� VJ � y c> 4 2 D O r 1 t l� T r � / �5 � 3 - i Ot es_Sn 1 6 Ij t (i n... 4 i