HomeMy WebLinkAbout02-19-2009 Planning Commission Meeting Packet PLANNING COMMISSION - AGENDA
REGULAR MEETING 7:00 P.M. February 19, 2009
I. CALL TO ORDER:
II. ROLL CALL: Declaration of Quorum
III. APPROVAL OF MINUTES: January 15, 2009
IV. OLD BUSINESS:
A. Special Permit CBC Research Farm (Columbia Basin College) (4 100
Block of Argent PI.) (MF# SP 08-015)
V. PUBLIC HEARINGS:
A. Rezone R-1 (Low Density Residential) to C-1 (Retail Business)
(Franklin County PUD)(1411 W. Clark) (MF# Z 09-001)
B. Special Permit Daycare/Preschool (Jigsaw Development) (6200 Block of
Burden Blvd.) (MF# SP 09-002)
C. Code Amendment Critical Areas Ordinance (City of Pasco) (MF# CA 08-003)
VI. WORKSHOP:
A. Block Grant Neighborhood Stabilization Plan (City of Pasco) (MF#
CDBG 09-001)
VII. OTHER BUSINESS:
VIII. ADJOURNMENT:
REGULAR MEETING January 15, 2009
PLANNING COMMISSION MEETING
CALL TO ORDER:
The meeting was called to order at 7:00 p.m. by Chairman Todd Samuel.
POSITION MEMBERS PRESENT MEMBERS ABSENT
No. 1 Todd Samuel, Chairman
No. 2 James Hay
No. 3 Andy Anderson
No. 4 David Little
No. 5 Joe Cruz
No. 6 Ray Rose
No. 7 Tony Schouviller
No. 8 Jana Kempf
No. 9 Vacant
APPEARANCE OF FAIRNESS:
Chairman Samuel read a statement about the appearance of fairness for
hearings on land use matters. Chairman Samuel asked if any Commission
member had anything to declare. Commissioner Little recused himself from the
Public Hearing on the Special Permit for CBC, due to the fact he is an employee
of CBC.
Chairman Samuel then asked the audience if there were any objections based
on a conflict of interest or appearance of fairness questions regarding the items
to be discussed this evening. There were no objections.
Chairman Samuel asked the audience if there were objections to any
commissioner hearing any matter. There were no objections from the audience.
ADMINISTERING THE OATH:
Chairman Samuel explained that state law requires testimony in quasi-judicial
hearings such as held by the Planning Commission be given under oath or
affirmation. Chairman Samuel swore in all those desiring to speak.
APPROVAL OF MINUTES:
Commissioner Anderson moved, seconded by Commissioner Hay, that the
minutes dated December 18, 2008 be approved as corrected. The Motion carried
unanimously.
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OLD BUSINESS:
A. Development Big Pasco Industrial Center (Port of Pasco) (3295
Agreement E. Ainsworth Ave.) (MF# SMP 08-001)
Chairman Samuel read the Master File number and asked for discussion and or
comments from staff.
Staff noted that the findings were corrected from the hearing. Finding #4 was
added which accounted for the public notice that occurred prior to the
December 18, 2008 public hearing.
Commissioner Hays moved, seconded by Commissioner Anderson, that the
Planning Commission adopt the Findings of Fact and conclusions as contained
in the January 15, 2009 staff report. The motion was unanimously approved.
Commissioner Hays further moved, seconded by Commissioner Anderson, based
on the Findings of Fact as adopted, the Planning Commission recommends that
City Council enter into the proposed Development Agreement with the Port of
Pasco as presented in the January 15, 2009 staff report. The motion was
unanimously approved.
Staff noted this item would go to the City Council at their first regular meeting in
February. Staff briefly explained the appeal process.
B. Special Permit Captain Gray Annex Modifications (Pasco
School District No. 1 L(1110 N. 10th Ave.) (MF#
SP 08-014)
Chairman Samuel read the Master File number and asked for discussion and or
comments from staff.
Staff explained that as per the request of the Planning Commission, two
alternatives with findings and conditions have been prepared.
Staff reviewed Alternate #1 which does not contain findings or conditions related
to the need for installing a new traffic signal at 10th and Court.
Alternate #2 provided findings and conditions for a new traffic signal at 10th and
Court. The new driveway entrance on Court Street would cause a bottle-neck
for bus traffic entering the proposed driveway due to the lack of stacking behind
the current pedestrian traffic light.
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Commissioner Anderson stated staff was grasping at straws when talking about
stacking cars in front of the driveway. The driveway is for entrance and not an
exit so he did not believe there would be an issue.
Commissioner Rose stated that to leave the crosswalk as is would be a mistake
and he was in favor of Alternate #2.
Commissioner Anderson stated that his concern was the City should be
responsible for the cost of this signal and not the School District.
Staff explained that the School District was the entity causing the change to
Court Street. The new driveway was changing the dynamics of Court Street.
Only about three cars would be able to stack up behind the cross walk light
before blocking the new driveway. Blocking the driveway would cause buses to
back up along Court Street. Staff also pointed out that in other projects where
the School District has caused changes, such as on Argent for the new High
School, the School district has been responsible for installing new traffic signals.
Chairman Samuel stated based on the information provided by staff he is in
favor of Alternative #2.
Commissioner Hay moved, seconded by Commissioner Little, that the Planning
Commission adopt the Findings of Fact and conclusions in Alternate #2 as
contained in the January 15, 2009 staff report. The motion passed with
Commissioner Anderson voting Nay.
Commissioner Hay further moved, seconded by Commissioner Little, based on
the Findings of Fact as adopted, the Planning Commission recommend the City
Council grant a special permit to the Pasco School District for the modification
of the Captain Gray Annex with conditions under Alternate #2 as contained in
the January 15, 2009 staff report. The motion passed with Commissioner
Anderson voting Nay.
Staff noted this item would go to the City Council at their first regular meeting in
February. Staff briefly explained the appeal process.
C. Special Permit Location of a Children's Learning Center in an
R-1 District (Dolores Escalera) (1730 W. Park
ST.) (MF# SP08-011)
Chairman Samuel read the Master File number and asked for discussion and or
comments from staff.
Staff explained that during the public hearing there was considerable discussion
related to handicap ramp improvements on all corners of the proposed site.
Following the hearing staff reviewed the matter with the Engineering
Department and the request for ramp modifications was dropped. Staff further
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explained that the request for the driveway approach improvements were
necessary to prevent rocks and dirt from getting into the streets and being
washed into the storm drains. Staff also discussed the need and
recommendation for a sidewalk along 18th Avenue. It was pointed out that the
property in question was the only property between Court and Sylvester in this
area of town without sidewalk. Staff recommended a sidewalk be required along
18th Avenue.
Staff also explained they had, as requested, provided alternate sets of findings
and approval conditions for the Planning Commission's consideration.
Commissioner Anderson asked if the Engineering Department had withdrawn
the request on the handicap ramps.
Staff stated that is correct.
Chairman Samuel asked what the cost would be for paving the first 40 feet of
the driveway entrances.
Staff did not have the cost information for driveways but explained a five foot
wide sidewalk would be about $10.00 a running foot.
Commissioner Anderson asked how many driveways would be affected.
Staff stated there was one driveway on the south side, and two driveways on the
north side. One driveway on the north side is blocked with a log. This
abandoned driveway needs to be removed.
Chairman Samuel commented that with Alternate #1 it would cost
approximately a couple of thousand dollars and Alternate #2 would cost
approximately $4,000 - $5,000.
Commissioner Anderson was in favor of adding the sidewalk on 18th Avenue in
the future when the parking lot was improved.
Commissioner Kempf stated she was in favor of Alternate #2 due to the safety of
pedestrians.
Commissioners Little and Cruz also stated they were in favor of Alternate #2.
Commissioner Kempf moved, seconded by Commissioner Cruz based on the
findings of fact as adopted, the Planning Commission recommend the City Council
grant a special permit to Dolores Escalera for the location of a Child Learning
Center/Daycare at 1730 W. Park Street with conditions in Alternate #2 as
contained in the January 15, 2009 staff report. The motion passed with
Commissioners Anderson and Samuel voting Nay.
Staff noted this item would go to the City Council at their first regular meeting in
February. Staff briefly explained the appeal process.
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D. Code Amendment Sign Code (Community Event Regional Signs -
City Wide) (City of Pasco) (MF# CA 08-005)
Chairman Samuel read the Master File number and asked for discussion and or
comments from staff.
Staff commented this item was discussed over the past few months and they
have no further comments.
Commissioner Anderson moved, seconded by Commissioner Hay that the
Planning Commission recommends the City amend Title 17 to include provisions
for Regional Community Event signs as indicated in the proposed ordinance.
The motion passed unanimously.
Staff noted this item would go to the City Council at their next available workshop
and will be voted on at a regular City Council Meeting.
PUBLIC HEARINGS:
A. Special Permit CBC Research Farm (Columbia Basin College)
(4100 Block of Argent Pl.) (MF# SP 08-015)
Chairman Samuel read the master file number and asked for comments from
staff.
Staff explained CBC was requesting a special permit to locate an agricultural
research farm at the corner (northeast) of Road 44 and Argent Place. Due to
planned expansion at CBC, the existing farm on the CBC Campus needs to be
relocated. Staff explained the only crop to be grown is alfalfa. Staff reviewed the
written report explaining the surrounding zoning land uses and Comprehensive
Plan designation for the site.
Chairman Samuel asked staff if they were aware of any planned development in
the open parcels surrounding the site.
Staff was not aware of any plans.
Chairman Samuel asked if the City had received complaints about the operation
of the CBC farm.
Staff stated no.
Bill Saraceno, Senior Vice President, CBC, stated he has had no complaints
about the existing farm. Mr. Saraceno briefly expanded the need for relocating
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the CBC farm. The proposed site is available to CBC for 5 years, in the event a
developer comes along and needs the site, CBC will vacate the property.
Chairman Samuel asked about the number of students that would visit the site
each day.
Mr. Saraceno stated no more than 3-4 students would come to the farm on a
daily basis. Occasionally there might be up to 20 students on site.
Commissioner Anderson asked if the site would be fenced.
Mr. Saraceno stated there would be no fence.
Chairman Samuel opened the hearing for public comment.
Dwayne Moffatt, 4204 W. Argent Pl., stated his family was supportive of the CBC
Research farm.
Ron Foraker, Assistant Manager of the Tri-Cities Airport, stated the Port was
supportive of CBC's growth. Mr. Foraker explained the Port purchased the
property in the early 1970's for runway protection. The need for the second
runway has never developed.
Chairman Samuel called for further public comment and after 3 calls and no
response; the hearing was closed for public comment.
Commissioner Hay moved, seconded by Commissioner Anderson to close the
hearing on the proposed Columbia Basin College Research Farm; initiate
deliberations and schedule adoption of findings of fact, conclusions and a
recommendation to the City Council for the February 19, 2009 meeting. The
motion passed unanimously.
WORKSHOP:
A. Code Amendment Critical Areas Ordinance (City of Pasco) (MF#
CA 08-003)
Chairman Samuel read the master file number and asked for comments from
staff.
Staff explained the Planning Commission held a public hearing last fall to
consider a proposed amendment to the municipal code for the inclusion of a
critical lands ordinance. Following the hearing, the proposed amendment was
sent to State agencies for review. Comments were received from the Department
of Ecology and the Department of Trade and Economic Development. As a result
of those comments the proposed regulations have been modified. The
modifications related almost entirely to the wetlands section of the proposed
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code. The Department of Ecology had changed several reference manuals and
the proposed code needs to be aligned with those updated manuals.
Staff explained the City has very few wetland areas and the code would have
minimal impact on the community. Wetlands are located in Sacajawea State
Park, and along the river at the west end of the City.
Commissioner Cruz stated that with few wetland areas, the regulations would
have relatively minimal impacts.
Chairman Samuel agreed with Commissioner Cruz.
Staff explained a hearing would be set for next month.
OTHER BUSINESS:
With no further business, the Planning Commission was adjourned at 7:49 pm.
David McDonald, Secretary
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REPORT TO PLANNING COMMISSION
MASTER FILE NO: SP 08-015 APPLICANT: Columbia Basin College
HEARING DATE: 1/15/09 2600 N. 20th Avenue
ACTION DATE: 2/19/09 Pasco, WA 99301
BACKGROUND
REQUEST: SPECIAL PERMIT: Farming in an R-T Zone (4100 Block of
Argent Place) (MF# SP 08-015)
1. PROPERTY DESCRIPTION:
Legal: That portion of the SW quarter of the SE quarter of Sec.
14, T9N, R29E, W.M., in Franklin County, Washington, lying
South of A line 100 feet southerly and parallel to the centerline of
Franklin County Irrigation District No. 1 canal, except a strip of
land 70 feet in width, being 30 feet on the East side and 40 feet on
the west side of Franklin County Irrigation District #I pipeline, and
except rights of way for Argent Road and Road 44. And together
with the West half of the SW quarter of the SE quarter of the SE
quarter of Sec. 14, T9N, R29E, W.M., in Franklin County,
Washington; except any portion thereof lying west of A line 40 feet
easterly of Franklin County Irrigation District No. 1 pipeline and
except right of way for Argent Road in Franklin County,
Washington.
General Location: 4100 Blk. of Argent Place
Property Size: Approximately 19 acres
2. ACCESS: The site has access from Argent Place.
3. UTILITIES: City water is available to the site, and is located in
the Argent Place right-of-way. Sewer service is located at the
intersection of Road 44 and Argent Road, approximately 211 feet
from the southwest property corner.
4. LAND USE AND ZONING: The subject property is currently zoned
R-T (Residential Transition) and is bordered on the south by the
City Boundary, on the west by lands zoned C-1, and on the north
by lands zoned R-T. The lands to the north and west are vacant.
Lands to the northeast contain the FCID storage yard and tail
water pound. One house is located 500 plus feet to the east. The
lands to the south are in Franklin County and are zoned R-S-20.
The properties in the County contain small pastures mixed with
five homes.
5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this
area for Parks/Open Space.
6. ENVIRONMENTAL DETERMINATION: This proposal has been
issued a determination of non-significance in accordance with
review under the State Environmental Policy Act (SEPA), Chapter
43.21(c) RCW.
ANALYSIS
Columbia Basin College, has submitted an application to relocate all or a
major portion of the existing research farm from the college campus to
Port property on Argent Place. The current College research farm is
located immediately west of the main entrance to the College on Argent
Road. College expansion plans call for a new building to be located in
this area necessitating the need for locating a new site for much of the
farm.
The College has entered into a lease agreement with the Port of Pasco for
19 acres of land near the intersection of Road 44 and Argent Place as a
replacement site for the research farm. The proposed site is located
conveniently near (3/4 of a mile away) the College Campus. The proposed
farm will be used to provide educational training and research with an
emphasis in researching potential bio-fuel crops (specialty alfalfa crops).
The site is located on property the Port purchased many years ago to
control development around the end of Runway 3L. The surrounding
Port property contains the Big Cross Cross Country track and the City
Soccer Park. Part of the site has been used in the past for hay storage.
The development of farms within the city is not new or unique. Pasco
has been an agricultural community from its inception. Considerable
acreage devoted to farm fields can be found within the City limits and
such has been the case for many years. Approximately 400 acres of
airport property is currently being farmed and until recently there was a
large farm (125 acres) to the west of the site along Road 44. In 1990
agricultural uses were also added as an unclassified uses in the zoning
regulations and as such required review thorough the Special Permit
process when they are within 1,000 feet of a dwelling or residential
subdivision.
2
In reviewing this proposal Staff has identified five (5) issues for
consideration by the Planning Commission: 1) dust control; 2) noise; 3)
general farming operations; and 4) ground water concerns.
During the initial grading and leveling of the site fugitive dust could
potentially impact adjacent lands if not properly monitored. This impact
would be eliminated once a crop is established. Staff would suggest the
applicant be required to maintain a viable water source on site during
the initial grading and leveling so that during wind events the site can be
managed to prevent dust from leaving the site.
The proposed farm is not a commercial farm and will not be operated
with the same intensity as a typical farm. Noise and the operation of
machinery will be minimal compared to the operation of a commercial
farm. Nearby freeway (1-182) may be a grater source of noise than the
operation of the proposed research farm.
Over irrigation and the use of farm chemicals often creates concerns for
neighbors over ground water contamination. The production of alfalfa
typically does not require the application of many farm chemical
compared to other crops. The lease agreement between the Port and the
College requires the College to operate the farm in a husbandlike manner
in accordance with best prevailing crop irrigation practices. The lease
agreement also requires the College to not apply any chemicals to the
farm in such a manner that would endanger plantings on nearby
properties.
The concerns a list above can be addressed through implementing a farm
management plan.
INITIAL STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial
findings drawn from the background and analysis section of the staff
report. The Planning Commission may add additional findings to this
listing as the result of factual testimony and evidence submitted during
the open record hearing.
1. The site is zoned R-T.
2. The Comprehensive Plan identifies the site for future Parks/Open
Space development.
3. The site is owned by the Port of Pasco.
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4. The site is not designated as a critical area.
5. Farming is listed as a conditional use in the RT District.
6. The site is in the Pasco Urban Growth Boundary.
7. The site contains 19 acres.
8. The site is vacant.
9. The subject site is within 1000 ft of a residential zone.
10. The site is adjacent Road 44, a major street.
11. The site is accessible from two sides.
12. Irrigation water is available to the site via the Franklin County
Irrigation District canal which forms the northern property
boundary.
13. Columbia Basin College currently operates a similar research farm
on campus (approximately 18.6 acres). The on-campus farm site
has been slated for development in order to expand campus
facilities.
14. The site is located less than a mile from the current on campus
farm.
15. The proposed crop is alfalfa.
16. The Farm Lease between the Port of Pasco and Columbia Basin
College has a term of (5) years, terminating October 30, 2013.
TENTATIVE CONCLUSIONS BASED ON INTIAL STAFF FINDINGS OF
FACT
Before recommending approval or denial of a special permit the Planning
Commission must develop findings of fact from which to draw its
conclusion based upon the criteria listed in P.M.C. 25.86.060. The criteria
are as follows:
1) Will the proposed use be in accordance with the goals, policies,
objectives and text of the Comprehensive Plan?
The Comprehensive Plan designates the proposed site for
Parks/Open Space development. The proposed can be considered
and open space use that is consistent with the Comprehensive Plan
designation of open space.
2) Will the proposed use adversely affect public infrastructure?
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The proposed farm will have no adverse impact on public
infrastructure. A farm is not dependant upon City utilities or
infrastructure as are residential and commercial developments.
3) Will the proposed use be constructed, maintained and operated
to be in harmony with existing or intended character of the
general vicinity?
The proposed use will not conflict with the open space nature of the
surrounding Port lands.. The location of other farms within the I-182
Corridor has demonstrated that farms within close proximity of
dwellings can be operated harmoniously with intended uses. Farms
have operated simultaneously with the development of Island
Estates, Sunny Meadows, the Village of Pasco Heights, and in
harmony with other residential developments in the I-182 Corridor.
The proposed use will not make intensive use of the land or lead to
the disorderly growth of the community.
4) Will the location and height of proposed structures and the site
design discourage the development of permitted uses on property
in the general vicinity or impair the value thereof?
There will be no structures erected with this proposal other than a
pivot irrigation system. Development over the last 10 years within
the I-182 Corridor attests to the fact that farming operations do not
discourage the development of permitted uses or impair the value of
nearby development.
5) Will the operations in connection with the proposal be more
objectionable to nearby properties by reason of noise, fumes
vibrations, dust, traffic, or flashing lights than would be the
operation of any permitted uses within the district?
Nearby properties contain the FCID storage yard and tail water
pound a large horse corral, small pastures and vacant land. The
proposed use will not create more traffic, flashing lights, fumes,
noise or vibrations than the traffic on Argent Place or Road 44 or
I-182.
6) Will the proposed use endanger the public health or safety if
located and developed where proposed, or in any way will become
a nuisance to uses permitted in the district?
5
The existence of numerous farming operations within the I-182
Corridor demonstrates that the proposed use will not become a
nuisance to permitted uses nor will it endanger public health
and safety.
(Proposed) Approval Conditions
(1) The special permit is personal to the applicant;
(2) The farm shall be operated by using best management practices
for agricultural production;
(3) No irrigation water is permitted to be sprayed or otherwise drain
onto the adjoining right-of-way;
(4) Irrigation water and farm chemicals must be applied at
agronomic rates;
(5) The farm crop shall be limited to alfalfa only;
(6) The property shall be posted to indicate no motorcycling or four
wheeling is permitted;
(7) The special permit shall be null and void if the farming activity
has not begun by March 1, 2010.
RECOMMENDATION
MOTION: I move to close the hearing on the proposed Captain Gray
modifications and initiate deliberations and schedule adoption of findings
of fact, conclusions and a recommendation to the City Council for the
February 19, 2009 meeting.
6
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REPORT TO PLANNING COMMISSION
MASTER FILE NO: Z 09-001 APPLICANT: Franklin County PUD #1
HEARING DATE: 2/19/09 1411 West Clark Street
ACTION DATE: 2/19/09 Pasco, WA 99301
BACKGROUND
REQUEST: Rezone from R-1 (Low Density Residential) to C-1 (Retail Business)
1. PROPERTY DESCRIPTION:
Legal: Lots 2-6, Blk 5, Pettits 2nd Add, together with the N 250' of the S
950' of the E 230' of the W 270' of the W 1/2 of the W 1/2 of the SW
1/4 of the SW 1/4 of Sec 30, T 9 N, R 29 E WM.
General Location: 1411 West Clark Street
Property Approximately 1.7 acres
2. ACCESS: The property has access from 14th Avenue, Bonneville Street
and Clark Street.
3. UTILITIES: Municipal utilities currently serve the site.
4. LAND USE AND ZONING: The subject parcel is zoned R-1 (Low Density
Residential) and is currently occupied by Franklin County PUD offices.
Land use and zoning for surrounding properties is as follows:
North - Pasco Library (R-1)
East - Vacant land and office building (C-1)
South - Commercial non-conforming residential (C-2 and C-3)
West - Single-Family Residences (R-1)
5. COMPREHENSIVE PLAN: The site is designated in the Comprehensive
Plan as an area for public and quasi public uses. The site borders a
continuous strip of land designated for commercial use to the south. The
Comprehensive Plan encourages the location of public facilities and
services within the city that are necessary to provide for the service
needs of the community (Volume I, pages 27 & 28).
6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a
determination of non-significance in accordance with review under the
State Environmental Policy Act (SEPA), Chapter 43.21(c) RCW.
ANALYSIS/HISTORY
The Franklin County PUD constructed an administrative office building on the
site in question in 1965. This PUD office building has served the community
well over the years. However, with the growth (20,000 new residents in Pasco)
that has occurred in the community since 2000 the PUD offices are in need of
expansion. The PUD site at the northeast corner of Clark Street and 14th
Avenue has been zoned R-1 (Low Density Residential) for many years.
In 2002 and in 2004 the PUD purchased half of the block located directly to
the east across 131h Avenue for future expansion needs. In 2004, 13th Avenue
between Clark Street and Bonneville Street was vacated. The half block on the
east side of vacated 13th Avenue is zoned C-1 (Retail Business). One third of
the PUD property is zoned C-1 and the remainder is zoned R-1.
The purchase of the property on the east side of 131h Avenue along with the
vacation of 13th Avenue, created additional space for the PUD to expand into.
To meet the growing needs of the community the PUD is planning on
expanding the existing PUD offices and moving the engineering vehicle storage
area from the east side of the building to a new facility on the half block east of
vacated 13th Avenue. The vacated 13th Avenue will become a parking lot for
other PUD vehicles and employees.
Located in an R-1 zoning district, the PUD offices are a non-conforming use. In
order to be issued a building permit and to bring their properties under one
zoning classification the PUD has applied for a rezone.
The initial review criteria for considering a rezone application are explained in
PMC. 25.88.030. The criteria listed below are as follows:
1. The changed conditions in the vicinity which warrant other or additional
zoning:
• The Franklin County PUD purchased the vacant land in Block 6,
Pettits Addition in 2002.
• The Franklin County PUD purchased the office building at the
corner of Clark Street and 13th Avenue in 2004.
• 13th Avenue between Clark Street and Bonneville Street was
vacated in August of 2004.
• The population of the city has increased by 20,000 people since
2000.
• The service demands of the PUD have expanded creating a need
expanded office space.
2. Facts to justify the change on the basis of advancing the public health,
safety and general welfare:
The rezone will eliminate the non-conforming status of the PUD
building. The Franklin County PUD provides an essential public
service that is funded by the general public. Expansion on the
property already owned by the PUD is a prudent and fiscally
conservative path necessary for maintaining the health and general
welfare of the community.
2
3. The effect it will have on the nature and value of adjoining property and
the Comprehensive Plan:
According to the Franklin County Assessor's records the residential
properties west of 14th Avenue have increased in value in the last four
years. The rezone is not expected to change property values and will
not alter the use of the site. The Comprehensive Plan encourages the
location of public facilities and services within the City that are
necessary to provide for the service needs of the community. The
rezone will permit the PUD to expand services to the community.
4. The effect on the property owners if the request is not granted:
The PUD building is currently a non-conforming use and the existing
residential zoning does not reflect the land use on the site.
S. The Comprehensive Plan land use designation for the property:
The Comprehensive Plan designates the site for public and quasi-
public uses. The site is in a transition area between two land use
designations. A commercially designated area is located directly to the
south. The plan also encourages the location of public facilities and
services within the City that are necessary to provide for the service
needs of the community. The proposed rezone more closely matches
the existing Comprehensive Plan designation.
INITIAL STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial
findings drawn from the background and analysis section of the staff report.
The Planning Commission may add additional findings to this listing as the
result of factual testimony and evidence submitted during the open record
hearing.
1) The site is zoned R-1 (Low Density Residential).
2) The Comprehensive Plan designates the site for public or quasi-public uses.
3) There is no specific zoning district for public land uses designations -
requiring such to be processed thru a Special Use Permit.
4) The site has been occupied by the Franklin County PUD Administrative and
Engineering Office since 1965.
5) The PUD property consists of the administrative office building, the
adjoining vacant land and office building to the east.
6) The PUD property east of vacated 13th Avenue is zoned C-1.
7) The PUD Administrative office is zoned R-1.
8) Offices are a permitted use in the Office District, Commercial Districts and
Industrial Districts.
3
9) The site is bordered on the south and east by C-1 zoning.
TENTATIVE CONCLUSIONS BASED ON STAFF FINDINGS OF FACT
Before recommending approval or denial of a rezone the Planning Commission
must develop its conclusions from the findings of fact based upon the criteria
listed in P.M.C. 25.88.060 and determine whether or not:
(I) The proposal is in accord with the goals and policies of the
Comprehensive Plan.
The Plan encourages the location of public facilities and services within the
City that are necessary to provide for the service needs of the community. The
PUD provides an essential service to the community. The proposed rezone
would permit the Franklin County PUD offices to expand and continue to
provide this essential service to a growing population.
(2) The effect of the proposal on the immediate vicinity will not be materially
detrimental.
Rezoning the property to C-1 will complement surrounding commercial zoning.
The proposal does not include changing the current use of the site. The PUD
offices have a long history of compatibility in the neighborhood.
(3) There is merit and value in the proposal for the community as a whole.
The rezone would enable the PUD to expand its office building to better service
the needs of the community.
(4) Conditions should be imposed in order to mitigate any significant
adverse impacts from the proposal.
This rezone will not change the use of the site. It will permit a modest expansion
of the PUD building. The rezone and minor expansion will not result in any
significant adverse impacts.
(5) A concomitant agreement should be entered into between the City and
the petitioner, and if so, the terms and conditions of such an agreement.
A concomitant agreement is not needed.
4
RECOMMENDATION*
MOTION: I move the Planning Commission adopt the Findings of Fact as
contained in the February 19, 2009 staff report.
MOTION: I move, based on the Findings of Fact as adopted, the Planning
Commission recommend the City Council rezone the site from R-1
(Low Density Residential) to C-1 (Retail Business).
*NOTE: Due to miscommunication between City staff and the PUD, the PUD
has completed their biding process and is scheduled to award a
contract for office expansion. As a result of these circumstances,
City staff is recommending the rezone be completed in one meeting.
5
Item: Rezone Mun*
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REPORT TO PLANNING COMMISSION
MASTER FILE NO: SP 09-002 APPLICANT: Jigsaw Development LLC.
HEARING DATE: 2/19/2009 8027 West Entiat Place
ACTION DATE: 3/19/2009 Kennewick, WA 99336
BACKGROUND
REQUEST: SPECIAL PERMIT: Location of a Children's Daycare/Pre-School in
an R-1 District.
1. PROPERTY DESCRIPTION:
Legal: The North 160 feet of Lot 3, BSP 2001-08
General Location: 6200 Block of Burden Blvd
Property 94,824 square feet (2.2 acres)
2. ACCESS: The site is accessible from Burden Boulevard.
3. UTILITIES: All municipal utilities are available to the site from Burden
Boulevard.
4. LAND USE AND ZONING: The site is currently zoned C-1 (Retail
Business) and vacant. Properties to the north are developed with the
Sunny Meadows Subdivision and are zoned R-1 (Low Density
Residential). Properties to the east and west are zoned C-1 and
developed with multi-tenant office buildings together with a mini-storage
facility. The TRAC facility and the City owned GESA baseball stadium
are located to the south. The TRAC is zoned C-1 and most of the ball
stadium site is zoned R-1.
5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site
for Commercial uses. Goal LU-3-A encourages the location of daycare
facilities in each residential neighborhood.
6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a
determination of non-significance in accordance with review under the
State Environmental Policy Act (SEPA), Chapter 43.21(c) RCW.
ANALYSIS
The applicant is proposing to construct a new daycare/pre-school facility on
the site in question. The proposed building will be a modular structure treated
on the exterior with materials and features to meet the I-182 Overlay District
standards. The Applicant is planning on providing daycare and learning
services for up to 165 children at any given time. The 9,877 square foot
building will contain six classrooms, an administrative office, a kitchen and a
nap room. A playground area will be located on the east side of the building
adjacent to the mini-storage facility. The ages of the children served will range
from 1 month to 5 years. Initial hours of operation will be from 5:00 AM to
7:00 PM Monday through Friday.
The site is located on Burden Boulevard 2,820 feet east of Road 68, both of
which are arterial streets. Burden Boulevard is fully developed in this area
with the exception of sidewalks.
Traffic to and from the proposed daycare/pre-school will typically coincide with
the morning and afternoon peak traffic through the neighborhood. The ITE
Trip Generation Manual (Volume 7) indicates the daycare/pre-school could
generate up to 560 vehicle trips per day. The Applicant is estimating that
vehicle trips will be in the neighborhood of 380-400 trips per day if the daycare
was occupied to capacity.
The proposed site contains 40 parking spaces. A daycare facility of the size
proposed requires about 50 parking spaces. Additional parking is available
directly to the west, in the Times Square Commercial Center parking lot. The
lot in question is part of the same binding site plan which indicates shared
access and parking.
Daycares/nursery schools are defined as community service facilities and as
such are required to obtain a special permit before locating anywhere within
the city. Daycare facilities and schools are often located in or adjacent to
residential neighborhoods. Daycare and school activities in residential
neighborhoods typically do not generate complaints from neighbors.
By way of comparison, the C-1 district permits among other uses the
development of auto repair shops, car washes, restaurants, taverns, and
membership clubs. These uses often are open for business well into the
evening and on weekends.
INITIAL STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial
findings drawn from the background and analysis section of the staff report.
The Planning Commission may add additional findings to this listing as the
result of factual testimony and evidence submitted during the open record
hearing.
1. The site is zoned C-1 (Retail Business).
2. Daycares/nursery schools are defined by the zoning regulations (PMC
25.12.155) as community service facilities.
2
3. Community service facilities require review through the special permit
process (PMC 25.86) prior to locating within the City.
4. The Comprehensive Plan identifies the site for Commercial uses.
S. Auto repair shops, car washes, restaurants, taverns, membership clubs
and retail stores are permitted uses in the C-1 district.
6. Restaurants, taverns, membership clubs and retail stores are generally
open for business 7 days per week.
7. Business hours for restaurants, taverns, membership clubs and retail
stores can extend to 9:00 pm or later.
8. The site proposed for a children's daycare/pre-school is currently vacant.
9. The proposed daycare/pre-school could generate up to approximately
560 vehicle trips per day (including employees) if each child arrived in an
individual vehicle.
10. The applicant indicated a maximum capacity of 165 children for the
daycare/pre-school.
11. The daycare/pre-school will accommodate children ages 0-5 years.
12. The daycare/pre-school will have up to 25 staff members.
13. The site plan indicates forty (40) on-site parking stalls.
TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of a special permit the Planning
Commission must develop findings of fact from which to draw its conclusions
based upon the criteria listed in P.M.C. 25.86.060. The criteria are as follows:
1) Will the proposed use be in accordance with the goals, policies, objectives
and text of the Comprehensive Plan?
The site is identified in the Comprehensive Plan for commercial uses. The
proposed daycare/pre-school supports Plan Goal LU-3-A which encourages
such facilities to be located in neighborhoods.
2) Will the proposed use adversely affect public infrastructure?
All municipal utilities are currently available to the proposed site from Burden
Boulevard. Connection to City sewer/water and underground power will be
required as a part of the permitting process.
3) Will the proposed use be constructed, maintained and operated to be in
harmony with existing or intended character of the general vicinity?
3
The intended commercial neighborhood will be developed with commercial
buildings. The proposed daycare/nursery school will be housed in a
commercial building that must meet the I-182 overlay design standards. In this
respect the proposed building will be constructed and maintained in harmony
with the intended character of the general vicinity.
4) Will the location and height of proposed structures and the site design
discourage the development of permitted uses on property in the general vicinity
or impair the value thereof?
The daycare/nursery school facility will be a one story building constructed
with an appearance similar to adjoining commercial buildings. The County
Assessor's records indicate the value of the adjoining residential properties to
the north have increased over the past four years. The existing commercial
zoning and development has not impaired the value of adjoining residential
properties.
5) Will the operations in connection with the proposal be more objectionable
to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or
flashing lights than would be the operation of any permitted uses within the
district?
Development of the site will eliminate the weeds and dusty conditions that now
exist. Traffic to and from the site will correspond to the morning and evening
peaks through the neighborhood and will access the site from Burden
Boulevard rather than the residential neighborhood from the north. This use
will not generate vibrations, noise or fumes that often accompany permitted
uses such as car washes, restaurants and taverns. A daycare/nursery-school
may be less disruptive to the adjacent residences than other permitted uses
due to the fact the daycare/nursery school will be closed on weekends and
during evening hours when people tend to be home.
6) Will the proposed use endanger the public health or safety if located and
developed where proposed, or in any way become a nuisance to uses permitted
in the district?
Daycares are similar to schools, which are commonly located in or adjacent to
residential neighborhoods where they are generally not viewed as a nuisance.
Other uses permitted in the C-1 zone such as car-washes, taverns, nightclubs
and restaurants are more likely to be disruptive than the proposed
daycare/pre-school.
4
RECOMMENDATION
MOTION: I move to close the hearing on the proposed daycare/nursery
school and initiate deliberations and schedule adoption of findings
of fact, conclusions and a recommendation to the City Council for
the March 19, 2009 meeting.
5
Item: Special Premit Da care/Preschool
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MEMORANDUM
DATE: February 19, 2009
TO: Planning Commission
FROM: Dave McDonald, City Planner
SUBJECT: Code Amendment Critical Areas Ordinance
The original Growth Management Act required the City to adopt a critical areas
ordinance. Updates to the Growth Management Act required local jurisdictions to update
and make significant modifications of the original critical area ordinances.
Critical areas are defined by the GMA (RCW 36.70A.030[51) as wetlands, aquifer recharge
areas with critical recharging effect on aquifers used for potable water, frequently flooded
areas, fish and wildlife habitat conservation areas and geological hazard areas. In an
ecological or natural sense these lands provide beneficial values and functions by
restoring ground water levels (as in aquifer recharge) serve as flood protection zones
(wetlands) and provide critical food production areas for sustaining fish & wildlife
(habitat).
Geologically hazardous areas are deemed critical in the sense that they present hazards
to life and property. These areas include lands that are susceptible to erosion, landslides,
earthquakes and other geological hazards.
The purpose of critical area ordinances is to conserve and protect environmentally
sensitive areas and protect the public from losses due to seismic events and other
geologic hazards.
The draft ordinance attached is divided into eight chapters. The first three chapters
explain the purpose of the ordinance; provide a number of definitions and lay out the
critical area review process. The remaining chapters deal with the regulations for each of
the critical area categories.
In response to state mandates the Planning Commission held a public hearing last fall to
review a revised critical areas ordinance for the City. Following the Planning Commission
hearing the proposed ordinance was transmitted to the state for the required 60-day
review by state agencies.
The Department of Ecology and the Department of Community Trade and Economic
Development made a number of comments and suggestions for changes and corrections
to the proposed ordinance. Most of the suggestions related to the Chapter 28.16 of the
proposed ordinance addressing wetlands.
The corrections and modifications were discussed at the Workshop in January, 2009.
1
The proposed critical areas ordinance has been scheduled for a public hearing on
February 19, 2009.
Findings to support the adoption of the proposed ordinance are listed below.
Findings of Fact
1) Cities are required by the State of Washington Growth Management Act (GMA)
(RCW 36.70A 170) to identify and designate critical areas.
2) Critical areas are defined by RCW 36.70A.030 to include wetlands, areas with
critical recharging effect on aquifers used for potable water, fish and wildlife
habitat conservation areas, frequently flooded areas and geologically hazardous
areas.
3) All cities and counties in Washington planning under RCW 26.70A.040 must take
action to review and update as necessary development regulations dealing with
critical areas every seven years; and,
4) Historical priority habitat and species data prepared by the Washington
Department of Fish and Wildlife indicate there are at least 6 significant habitat
areas within the Pasco UGA.
5) A review of the Pasco Urban Growth Area was conducted in 2008 (Critical Areas
Review Pasco Planning Dept 2008) to determine the extent of critical areas within
the sphere of Pasco's planning responsibilities.
6) Much of the data identifying the historical priority habitats within the Pasco UGA
was obtained prior to 1990.
7) Since 1990, the City of Pasco has experience phenomenal growth increasing in
population by 31,935.
8) The native or natural landscape and environment within the Pasco UGA has been
subject to high levels of disturbance because of ongoing agricultural production,
industrial and commercial activities and other forms of urban development for
over 100 years.
9) The construction and operation of the transportation system (barge, rail, highway,
and airport) mineral extraction, development of urban parks, schools and other
concentrated urban development has significantly diminished the functions and
values of natural areas for habitat.
10) The historical habitat areas have been reduced 90 percent in size by urban
development.
11) The remaining natural sites containing remnants of the original shrub-steppe
environment are fragmented in areas that pose serious conflicts for the
encouragement of wildlife habitat. The areas enclosed within the Tri-Cities Airport
2
(the third busiest airport in the state) are marginal habitat. For the safety of
airport operations and the threat these operations pose to wildlife encouraging the
protection of habitat around the runways is not appropriate.
12) The site at the northwest corner of Broadmoor Boulevard and Harris Road is
occupied by a farming operation, South Columbia Irrigation District facilities and
the Central Pre-Mix mineral extraction facility. Much of this area is reserved for
the production of mineral resources and land uses must not conflict with for
mineral extraction as required the GMA (RCW 36.70A.060 (1) (a).
13) With relatively level ground and few geological features, Pasco and the Pasco UGA
are located on some of the earliest and continuously used agricultural lands in
Franklin County even predating the Grand Coulee irrigation project. Consequently
standard farming practices including, land clearing, land leveling, tilling, planting,
irrigating, applying farm chemicals to the land, harvesting, sheep grazing and crop
residue burning have significantly altered the natural environment. Urban
development followed the establishment of the farms and further altered natural
ecosystems. The Planning Commission further finds that:
o Wetlands can be found in Franklin County along the margins, side
channels and islands of the Columbia and Snake Rivers and in the low lying
areas of the County around Scooteney Reservoir and Eagle Lakes. These
wetland areas are located outside the Pasco UGA.
o Irrigation canals, farm ponds, wastewater treatment facilities and drainage
facilities are located through out the UGA. By GMA definition these facilities
are not wetlands.
o Hydric soils are located within Sacajawea State Park in along the shoreline
in the Columbia Bend area of the Pasco UGA.
o Coulees and canyons within the County can develop wetlands where
ground water emerges. There are no coulees or canyons in the Pasco UGA.
o The native or natural landscape and environment within the Pasco UGA has
been subject to high levels of disturbance because of ongoing agricultural
production, industrial and commercial activities and other forms of urban
development for over 100 years.
o Much of the Pasco shoreline has been altered by the construction of large
levees, past industrial development, the construction of port facilities,
residential development and the development of large urban parks.
o The Columbia River levees are armored with large basalt rip rap.
o The shoreline in the Columbia Bend area and around Sacajawea State Park
contains riparian lands.
o A 2002 study [BPIC Shoreline Wetlands Report (East of Boat Basin)], (HDR
Engineering 2002) indicated there may be some marginal low quality wetlands
3
(perhaps a Category IV) areas within 5-20 feet of the Columbia River along
portions of Big Pasco Industrial Park.
o The varied topography of the county including steep bluffs along the
Columbia River (White Bluffs), bluffs along the Snake river, cliffs, coulees,
canyons, the Juniper Dunes, the Scooteney-Eagle Lakes area, river islands,
shorelines and intact steppe and shrub-steppe areas all provide important fish
and wildlife habitat. With few exceptions these significant habitat areas are
located outside the Pasco UGA.
o The values and functions of the riparian environment in the Pasco UGA
have been significantly altered over the years due to the results of levee
construction and maintenance, industrial development, urban park
development and other urban development activities.
• There are no known spawning beds in the Pasco UGA.
• The Pasco UGA contains no steppe ecosystems.
• The remaining remnants of the original shrub-steppe environment are
fragmented in areas that pose serious conflicts (airport & mineral extraction)
for the encouragement of wildlife habitat preservation.
o The remaining remnants of the shrub steppe environment are located in
fragmented ownerships near industrial development and arterial streets with
no variety of natural features indicative of priority or quality habitat areas.
These areas are isolated from large continuous shrub-steppe environments
that contain substantial amounts of interior habitat.
o The US Fish and wildlife Service lists the Bull Trout/Dolly Varden as a
threatened species. The National Marine Fisheries Service lists the Snake River
Sockeye, Spring/Summer and Fall Chinook as threatened species. Steelheads
are also listed as a threatened species.
o The River system through the Pasco UGA is listed as a critical habitat for
the threatened anadromous fish species.
o Franklin County contains a number of species and habitats of local
importance. These habitat areas and species are found primarily along the
breaks of the Columbia and Snake Rivers, the Juniper Dunes Wilderness area,
Scooteney-Eagle Lakes area, river islands, shorelines and intact steppe and
shrub-steppe areas. These significant habitat areas are principally located
outside the Pasco UGA.
o The Franklin Conservation District indicates significant aquifer recharge
areas within Franklin County are located outside the Pasco UGA.
o The areas most susceptible to flooding in Franklin County are the Esquatzel
Coulee and the Kahlotus Creek areas. Both of these flood prone areas are
located to the north of the Pasco UGA.
4
o According to the Flood Insurance Rate Maps most of the Pasco UGA is
located in a minimal flood hazard zone.
o The Pasco UGA is in an area of low seismic activity.
o Certain areas of Pasco may be susceptible to soil liquefaction during a
seismic event.
o There are no cliffs, canyons, coulees or other significant types of geological
feature within the Pasco UGA.
o Slopes in excess of 15 percent are found in Sections 11 and 14 West of the
airport and along the west side of the north/south portion of Dent Road.
o Pasco receives between 5 and 7 inches of precipitation a year, an
insignificant amount to cause any concern about slope saturation.
14) The proposed draft Critical Areas Ordinance was forwarded to the Department of
Community Trade and Economic Development for state agency review as required
by law and was processed under ID # 13509.
15) In response notification under ID # 13509 the proposed draft Critical Areas
Ordinance was reviewed by the Washington State Department of Ecology and
Community Trade and Economic Development.
16) The proposed draft Critical Areas Ordinance was modified to accommodate the
comments and suggestions of State Agencies responding to the notification under
ID # 13509.
17) Following public workshops the Planning Commission held two public hearings to
consider the proposed Critical Areas Ordinance
Recommendation
MOTION: I move the Planning Commission adopt the Findings of Fact
and conclusions as contained in the February 19, 2009 staff memo on code
amendments for the Critical Areas Ordinance.
MOTION: I move the Planning Commission recommend the City Council
adopt the Critical Area regulations to be codified as Title 28 of the Pasco
Municipal Code.
5
ORDINANCE NO.
AN ORDINANCE relating to Critical Lands repealing PMC Chapter 23.11 and
establishing a new PMC Title 27 for regulating Critical Lands
WHEREAS, cities are required by the State of Washington Growth Management Act
(GMA) (RCW 36.70A 170)to identify and designate critical areas; and,
WHEREAS, Critical areas are defined by RCW 36.70A.030 to include wetlands, areas
with critical recharging effect on aquifers used for potable water, fish and wildlife habitat
conservation areas, frequently flooded areas and geologically hazardous areas; and,
WHEREAS, all cities and counties in Washington planning under RCW 26.70A.040 must
take action to review and update as necessary development regulations dealing with critical areas
every seven years; and,
WHEREAS, historical priority habitat and species data prepared by the Washington
Department of Fish and Wildlife indicate there are at least six (6) significant habitat areas within
the Pasco UGA; and,
WHEREAS, a review of the Pasco Urban Growth Area was conducted in 2008 (Critical
Areas Review Pasco Planning Dept 2008)to determine the extent of critical areas within the sphere
of Pasco's planning responsibilities, and,
WHEREAS, much of the data identifying the historical priority habitats within the Pasco
UGA was obtained prior to 1990; and,
WHEREAS, since 1990 the City of Pasco has experience phenomenal growth increasing
in population by 31,935; and,
WHEREAS, the native or natural landscape and environment within the Pasco UGA has
been subject to high levels of disturbance because of ongoing agricultural production, industrial
and commercial activities and other forms of urban development for over 100 years; and,
WHEREAS, the construction and operation of the transportation system (barge, rail,
highway, and airport) mineral extraction, development of urban parks, schools and other
concentrated urban development has significantly diminished the functions and values of natural
areas for habitat; and,
WHEREAS, the historical habitat areas have been reduced ninty percent in size by urban
development; and,
WHEREAS, the remaining natural sites containing remnants of the original shrub-steppe
environment are fragmented in areas that pose serious conflicts for the encouragement of wildlife
habitat. The areas enclosed within the Tri-Cities Airport (the third busiest airport in the state) are
marginal habitat. For the safety of airport operations and the threat these operations pose to
wildlife encouraging the protection of habitat around the runways is not appropriate; and,
WHEREAS, the site at the northwest corner of Broadmoor Boulevard and Harris Road is
occupied by a farming operation, South Columbia Irrigation District facilities and the Central Pre-
Mix mineral extraction facility. Much of this area is reserved for the production of mineral
1
resources and must be preserved for mineral extraction as required the GMA(RCW 36.70A.060 (1)
(a); and,
WHEREAS, the City Council finds that with relatively level ground and few geological
features, Pasco and the Pasco UGA are located on some of the earliest and continuously used
agricultural lands in Franklin County even predating the Grand Coulee irrigation project.
Consequently standard farming practices including, land clearing, land leveling, tilling, planting,
irrigating, applying farm chemicals to the land, harvesting, sheep grazing and crop residue burning
have significantly alter the natural environment. Urban development followed the establishment of
the farms and further altered natural ecosystems. The City Council further finds that:
o Wetlands can be found in Franklin County along the margins, side channels and
islands of the Columbia and Snake Rivers and in the low lying areas of the County
around Scooteney Reservoir and Eagle Lakes. These wetland areas are located outside
the Pasco UGA.
o Irrigation canals, farm ponds,wastewater treatment facilities and drainage facilities
are located through out the UGA. By GMA definition these facilities are not wetlands.
o Hydric soils are located within Sacajawea State Park in along the shoreline in the
Columbia Bend area of the Pasco UGA.
o Coulees and canyons within the County can develop wetlands where groundwater
emerges. There are no coulees or canyons in the Pasco UGA.
o The native or natural landscape and environment within the Pasco UGA has been
subject to high levels of disturbance because of ongoing agricultural production,
industrial and commercial activities and other forms of urban development for over
100 years.
o Much of the Pasco shoreline has been altered by the construction of large levees,
past industrial development, the construction of port facilities, residential development
and the development of large urban parks.
• The Columbia River levees are armored with large basalt rip-rap.
• The shoreline in the Columbia Bend area and around Sacajawea State Park
contains riparian lands.
o A 2002 study [BPIC Shoreline Wetlands Report (East of Boat Basin)], (HDR
Engineering 2002) indicated there may be some marginal low-quality wetlands
(perhaps a Category IV) areas within 5-20 feet of the Columbia River along portions of
Big Pasco Industrial Park.
o The varied topography of the county including steep bluffs along the Columbia
River (White Bluffs), bluffs along the Snake River, cliffs, coulees, canyons, the
Juniper Dunes, the Scooteney-Eagle Lakes area, river islands, shorelines and intact
steppe and shrub-steppe areas all provide important fish and wildlife habitat. With
few exceptions these significant habitat areas are located outside the Pasco UGA.
o The values and functions of the riparian environment in the Pasco UGA has been
significantly altered over the years due to the results of levee construction and
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maintenance, industrial development, urban park development and other urban
development activities.
• There are no known spawning beds in the Pasco UGA.
• The Pasco UGA contains no steppe ecosystems.
• The remnants of the original shrub-steppe environment are fragmented in areas
that pose serious conflicts (airport & mineral extraction) for the encouragement of
wildlife habitat preservation.
o The remnants of the shrub steppe environment are located in fragmented
ownerships near industrial development and arterial streets with no variety of natural
features indicative of priority or quality habitat areas. These areas are isolated from
large continuous shrub-steppe environments that contain substantial amounts of
interior habitat.
o The US Fish and Wildlife Service lists the Bull Trout/Dolly Varden as a threatened
species. The National Marine Fisheries Service lists the Snake River Sockeye,
Spring/Summer and Fall Chinook as threatened species. Steelhead are also listed as a
threatened species.
o The River system through the Pasco UGA is listed as a critical habitat for the
threatened anadromous fish species.
o Franklin County contains a number of species and habitats of local importance.
These habitat areas and species are found primarily along the breaks of the Columbia
and Snake Rivers, the Juniper Dunes Wilderness area, Scooteney-Eagle Lakes area,
river islands, shorelines and intact steppe and shrub-steppe areas. These significant
habitat areas are principally located outside the Pasco UGA.
o The Franklin Conservation District indicates significant aquifer recharge areas
within Franklin County are located outside the Pasco UGA.
o The areas most susceptible to flooding in Franklin County are the Esquatzel
Coulee and the Kahlotus Creek areas. Both of these flood prone areas are located to
the north of the Pasco UGA.
• According to the Flood Insurance Rate Maps most of the Pasco UGA is located in
•minimal flood hazard zone.
• The Pasco UGA is in an area of low seismic activity.
• Certain areas of Pasco may be susceptible to soil liquefaction during a seismic
event.
o There are no cliffs, canyons or coulees or other significant types of geological
feature within the Pasco UGA.
o Slopes in access of 15 percent are found in Sections 11 and 14 West of the airport
and along the west side of the north/south portion of Dent Road.
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o Pasco receives between 5 and 7 inches of precipitation a year, an insignificant
amount to cause any concern about slope saturation.
WHEREAS, the proposed draft Critical Areas Ordinance was forwarded to the
Department of Community Trade and Economic Development for state agency review as required
by law and was processed under ID# 13509.
WHEREAS, in response notification under ID # 13509 the proposed draft Critical Areas
Ordinance was reviewed by the Washington State Department of Ecology and Community Trade
and Economic Development.
WHEREAS, the proposed draft Critical Areas Ordinance was modified to accommodate
the comments and suggestions of State Agencies responding to the notification under ID# 13509.
WHEREAS, the Planning Commission has completed the public review process on a
proposed draft Critical Area ordinances,NOW, THEREFORE
THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON,DO ORDAIN AS
FOLLOWS:
Section 1. That section 23.11 Critical Areas Protection of the Pasco Municipal Code be
and the same is hereby repealed.
Section 2. That a new Pasco Municipal Code Chapter 27 be and the same is hereby
enacted to read as follows:
Chapter 28.04
Critical Areas
Sections:
28.04.040 Title
28.04.020 Purpose and Intent
28.04.030 Critical Areas
28.04.040 Critical Area Categories
28.04.050 Intent of Critical Area Regulation
28.04.060 Legislative Authority
28.04.070 Interpretation
28.04.080 Relationship to Other Regulations
28.04.090 Best Available Science Documentation
28.04.040 This Title shall be known as the Critical Area Ordinance of the City of Pasco,
Washington.
28.04.020 PURPOSE OF TITLE. The purpose of this Title is to conserve and protect the
values and functions of environmentally sensitive and hazardous areas which contribute to public
health, safety, and welfare of the community without violating any citizen's constitutional rights to
the use of property.
28.04.030 CRITICAL AREAS. Critical areas defined by the Growth Management Act, and
of concern to Pasco, include:
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(a) Wetlands;
(b) Fish and wildlife habitats;
(c) Aquifer recharge areas;
(d) Flood hazard areas; and
(e) Geologically hazardous areas such as those subject to landslide and steep slope
failures, erosion, seismic events, mine collapse, and volcanic hazards.
28.04.040 CRITICAL AREA CATEGORIES. The City finds that these critical areas fall
into one or both of the following categories:
a) Critical areas provide a variety of valuable and beneficial biological and physical functions
that benefit the City and its residents; and
b) Critical areas pose a potential threat to human safety or to public and private property.
28.04.050 INTENT OF CRITICAL AREA REGULATION. The intent of this Title is to
implement the provisions of the Growth Management Act and the Pasco Comprehensive Plan by
managing development in harmony with critical areas. This Title seeks to:
(a) Protect members of the public and public resources and facilities from injury, loss of life,
or property damage due to landslides and steep slope failures, erosion, seismic events,
volcanic eruptions, or flooding;
(b) Protect unique, fragile and valuable elements of the environment, including fish and
wildlife and their habitats;
(c) Mitigate unavoidable impacts to environmentally sensitive areas by regulating alterations
in and adjacent to critical areas;
(d) Prevent cumulative adverse environmental impacts to water quality and wetlands;
(e) Meet the requirements of the Washington Growth Management Act (RCW 36.70A) with
regard to the protection of critical area lands;
(f) Meet the requirements of the "Best Available Science" rule intended to ensure that best
available science is included in the development of local policies and regulations for
critical areas pursuant to RCW 36.70A.172(1). The rule also identifies ways to provide
special consideration for preserving or enhancing anadromous fisheries, pursuant to RCW
36.70A.172 (1); and
(g) Coordinate environmental review and permitting of proposals to avoid duplication and
delay of desirable actions.
28.04.060 LEGISLATIVE AUTHORITY. This Title is adopted under the authority of
Chapters 36.70 and 36.70A, RCW and Article 11 of the Washington State Constitution.
28.04.070 INTERPRETATION. In the interpretation and application of this Title, all
provisions shall be:
(a) Considered the minimum necessary;
(b) Liberally construed to serve the purposes of this Title; and,
(c) Deemed neither to limit nor repeal any other powers under state statute.
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28.04.080 RELATIONSHIP TO OTHER REGULATIONS. The regulations of this Title
shall apply as an overlay and shall be used in addition to zoning and other regulations established
by the City of Pasco. In the event of any conflict between these regulations and any other
regulations of the City, the regulations that provide greater protection to environmentally sensitive
areas or greater protection from environmental hazards shall apply.
It is recognized that many city, county, state, and federal permit conditions may be applied to the
proposed action, and that compliance with the provisions of the Title does not constitute
compliance with other such requirements.
Satisfaction of the requirements of this Title shall also be sufficient to satisfy the requirement for
critical areas analysis and mitigation pursuant to RCW 43.21C (State Environmental Policy) and
Title 23 (Environmental Impact) of the City of Pasco Municipal Code.
28.04.090 Best Available Science Documentation. A listing of all document sources
used in the development of this Title is maintain on file in the City's Community Development
Department,Planning Division.
Chapter 28.08
Definitions
Sections:
28.08.010 Definition Interpretation
28.08.015 Activity
28.08.020 Administrator
28.08.025 Alteration
28.08.030 Anadromous Fish.
28.08.035 Applicant
28.08.040 Best Available Science(BAS)
28.08.045 Best Management Practices (BMPs)
28.08.050 Buffer or Buffer Area
28.08.055 Confined Aquifer
28.08.060 Compensatory Mitigation
28.08.065 Conservation Easement
28.08.070 Critical Areas
28.08.075 Critical Area Designation
28.08.080 Critical Area Detailed Study
28.08.085 Development
28.08.090 Development Proposal
28.08.095 Emergent Wetland
28.08.100 Enhancement
28.08.105 Environmentally Sensitive Area
28.08.110 Exemption
28.08.121 Existing and Ongoing Agriculture
28.08.120 Exotic
28.08.125 Facility
28.08.130 Favorable Determination
28.08.135 Final Determination
28.08.140 Function
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28.08.145 Geologic Hazard Area
28.08.150 Habitat Areas of Local Importance
28.08.155 Hazardous Substance(s)
28.08.160 Hazardous Substance Processing or Handling
28.08.165 Hazardous Waste
(a) Dangerous waste
(b) Extremely hazardous waste
28.08.170 Hazardous Waste Treatment and Storage Facility
28.08.175 Hydric soil
28.08.180 Hydrogeologic Assessment
28.08.185 In-Kind
28.08.190 Lakeshore Management Plan
28.08.195 Landslide Hazard Areas
28.08.200 NRCS
28.08.205 Off-site
28.08.210 On-site
28.08.215 Out-of-kind
28.08.220 Primary Association
28.08.230 Proposal
28.08.235 Qualified Consultant
28.08.240 Qualified Fish and Wildlife Biologist
28.08.245 Qualified Wetlands Biologist
28.08.250 Reasonable Use or Reasonable Economic Use
28.08.255 Reasonable Use Exception
28.08.260 Remediation
28.08.265 Restoration
28.08.270 Seismic Hazard Area
28.08.275 Setbacks
28.08.280 Site Assessment
28.08.285 Slump
28.08.290 Sole Source Aquifer
28.08.395 Temporary Erosion Control
28.08.300 Threatened Species
28.08.305 Unfavorable Determination
28.08.310 Unprotected Aquifer
28.08.315 Values
28.08.320 View Corridor
28.08.325 Vulnerability
28.08.330 Wetland
28.08.335 Wetland Categories
28.08.340 Wetland Community Description
28.08.345 Wetland Creation
28.08.350 Wetland Delineation
28.08.355 Wetland Enhancement
28.08.360 Wetland Functions
28.08.365 Wetland Protection/Maintenance(Preservation)
28.08.370 Wetland Restoration
28.08.375 Wetland Values
28.08.010 Definition interpretation. Unless otherwise provided for in this Title, all
words and phrases shall be interpreted to have their customary meanings and usages.
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28.08.015 Activity. Any development or land use action, or composite of such
actions,which falls under the jurisdiction of this Title.
28.08.020 Administrative official, administrator. The City Planner shall administer
the provisions of this Title.
28.08.025 Alteration. Any human-induced activity that changes the existing
condition of a critical area. Alterations include, but are not limited to: grading; filling; dredging;
draining; channelizing; clearing or removing vegetation; applying herbicides, pesticides or any
hazardous substance; discharging pollutants; modifying for surface water management purposes,
cutting, pruning or topping, clearing, relocating or removing vegetation; paving; construction;
applying gravel; or any other human activity that changes the existing landforms, vegetation,
hydrology, wildlife, or wildlife habitat of a critical area. Alterations do not include walking,
fishing, or any other passive recreation or other similar activity.
28.08.030 Anadromous fish. Species, such as salmon, which are born in fresh
water, spend a large part of their lives in the sea, and return to fresh water rivers and streams to
procreate.
28.08.035 Applicant. The person, party, firm, corporation, or other entity that
proposes any activity that could affect a critical area.
28.08.040 Best Available Science (BAS). Current and scientific information used in
the process to designate, protect, or restore critical areas that is derived from a valid scientific
process as defined by WAC 365-195-900 through 925. Sources of best available science are
included in "Citations of Recommended sources of Best Available Science for Designating and
Protecting Critical Areas"published by the State Office Of community Development.
28.08.045 Best Management Practices (BMPs). Best management practices are
accepted, state-of-the-art measures for obtaining the highest quality mitigation possible in a given
situation. BMPs encompass a variety of behavioral,procedural, and structural measures.
28.08.050 Buffer or Buffer Area. A naturally vegetated and undisturbed or
revegetated zone surrounding a critical area that protects the critical area from adverse impacts to
its integrity and value, or is an integral part of the resource's ecosystem.
28.08.055 Confined Aquifer. Any aquifer bounded above and below by
impermeable or relatively impermeable layers.
28.08.060 Compensatory Mitigation. The process or action of replacing project-
induced wetland losses or impacts including, but not limited to, restoration, creation, and
enhancement.
28.08.065 Conservation Easement. An agreement between a landowner and a land
trust organization whereby the landowner forms a perpetual legal agreement to permanently restrict
harmful uses and development of a property. The land stays in private ownership and use, and the
land trust sees that the restrictions are carried out. Land trusts are local, regional or statewide non-
profit organizations directly involved in protecting important land resources for public benefit.
28.08.070 Critical Areas. Includes wetlands, geologically hazardous areas, fish and
wildlife habitat areas, flood hazard areas, and aquifer recharge areas as designated in this Title and
required by RCW 36.70A and WAC 365-190-080.
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28.08.075 Critical Area Designation. The legal identification and specification for
regulatory purposes of critical areas.
28.08.080 Critical Area Detailed Study. A thorough investigation of an activity
and the critical area(s) it may impact as required by this Title.
28.08.085 Development. Any construction or exterior alteration of structures,
dredging, drilling, dumping, filling, earth movement, clearing or removal of vegetation, or other
site disturbance which either requires a permit, approval or authorization from the City or is
proposed by a public agency.
28.08.090 Development Proposal. Any of the activities relating to the use and/or
development of land requiring a permit or approval from the City of Pasco.
28.08.095 Emergent Wetland. A wetland with at least thirty percent (30%) of the
surface area covered by erect,rooted,herbaceous vegetation as the uppermost vegetative strata.
28.08.100 Enhancement. For the purposes of critical areas regulations,
enhancement is an action that improves the functions or values of a sensitive area or buffer.
Enhancement may or may not be mitigation.
28.08.105 Environmentally Sensitive Area. Any area whose functions and values
are subject to disruption by any regulated activity.
28.08.110 Exemption. Release from the liability or requirement of a regulation as a
result of meeting the specific identified criteria.
28.08.115 Existing and Ongoing Agriculture. Those activities conducted on lands
defined in RCW 84.34.080(2), and those existing activities involved in the production of crops or
livestock. Activities may include the operation and maintenance of farm and stock ponds or
drainage ditches; operation and maintenance of existing ditches or irrigation systems; changes from
one type of agricultural activity to another agricultural activity; and normal maintenance, repair,
and operation of existing serviceable structures, facilities, or improved areas. Activities that bring
a non-agricultural area into agricultural use are not part of an ongoing operation. An operation
ceases to be ongoing when the area on which it is conducted is converted to a nonagricultural use
or has lain idle for more than five (5)years.
28.08.120 Exotic. Any species of plant(s) or animal(s) that is foreign to the planning
area.
28.08.125 Facility. Any structure, contiguous land, appurtenances, and other
improvements on the land used for recycling, reusing, reclaiming, transferring, storing, treating,
disposing, or otherwise handling a hazardous substance. Use of the term "facility" includes
underground and aboveground tanks, and operations that handle, use, dispose of, or store
hazardous substances.
28.08130 Favorable Determination. The determination by the City Planner that
the activity will adequately mitigate its impact upon the critical area(s) and comply with
performance standards of this Title and is authorized.
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28.08.135 Final Determination. The determination by the City Planner of the
adequacy of the project, as proposed, to mitigate any effects it may have on critical areas that are
included within or adjacent to the project site. In addition, the City Planner will assess the
adequacy of the project proposal's compliance with the applicable performance standards. The
determination will be either favorable or unfavorable, indicating that the activity is or is not,
respectively, authorized.
28.08.140 Function. The natural processes performed by a critical area and its
components.
28.08.145 Geologic Hazard Areas. Lands or areas characterized by geologic,
hydrologic, and topographic conditions that render them susceptible to potentially significant or
severe risk of landslides, erosion, or volcanic or seismic activity or that are susceptible to
liquefaction.
28.08.150 Habitat Areas of Local Importance. A seasonal range or habitat element
with which a given species has a primary association, and which, if altered, may reduce the
likelihood that the species will maintain and reproduce over the long-term. These might include
areas of high relative density or species richness, breeding habitat, winter range, and movement
corridors. These might also include habitats that area of limited availability or high vulnerability to
alteration such as wetlands.
28.08.155 Hazardous Substance(s). Any liquid, solid, gas or sludge, including any
material, substance, product, commodity or waste, regardless of quantity, that exhibits any of the
characteristics of hazardous waste, and including waste oil and petroleum products.
28.08.160 Hazardous Substance Processing or Handling. The use, storage, manufacture
or other land use activity involving hazardous substances, but does not include individually
packaged household consumer products or quantities of hazardous substances of less than five (5)
gallons in volume per container.
28.08.165 Hazardous Waste. All dangerous waste and extremely hazardous waste as
designated pursuant to Chapter 70.105 RCW, Chapter 173-303,WAC.
(a) Dangerous waste. Dangerous waste means any discarded, useless, unwanted, or
abandoned substances including, but not limited to, certain pesticides, or any residues or containers
of such substances which are disposed of in such quantity or concentration as to pose a substantial
present or potential hazard to human health, wildlife, or the environment because such wastes or
constituents or combinations of such wastes:
1. Have short-lived, toxic properties that may cause death, injury, or illness or have
mutagenic,teratogenic, or carcinogenic properties; or,
2. Are corrosive, explosive, flammable, or may generate pressure through
decomposition or other means.
(b) Extremely hazardous waste. Extremely hazardous waste means any waste
which:
1. Will persist in a hazardous form for several years or more at a disposal site and
which in its persistent form presents a significant environmental hazard and may be concentrated
10
by living organisms through a food chain or may affect the genetic make-up of humans or wildlife,
and;
2. Is disposed of at a disposal site in such quantities as would present an extreme
hazard to humans or the environment.
28.08.170 Hazardous Waste Treatment and Storage Facility. A facility that
treats and stores hazardous waste and is authorized pursuant to Chapter 70.105 RCW, Chapter 173-
303 WAC; including all contiguous land and structures used for recycling, reusing, reclaiming,
transferring, storing,treating, or disposing of hazardous waste.
28.08.175 Hydric Soil. Soil that is saturated, flooded or ponded long enough during
the growing season to develop anaerobic conditions in the upper portions of the soil profile.
28.08.180 Hydrogeologic Assessment. A report detailing the subsurface conditions
of a site and which indicates the susceptibility and potential for contamination of groundwater
supplies.
28.08.185 In-kind. An action to replace a critical area with a substitute critical area
whose characteristics closely approximate those destroyed or degraded by a regulated activity.
28.08.190 Lakeshore Management Plan. Means the McNary Lakeshore
Management Plan, Lake Wallula, Oregon and Washington prepared by the US Army Corp of
Engineers intended to manage and protect the shoreline and to promote recreation and to operate
and maintain water resource projects in the public interest.
28.08.195 Landslide Hazard Areas. Areas that, due to a combination of slope
inclination, relative soil permeability and hydrologic factors, are susceptible to varying risks of
landsliding.
28.08.200 NRCS. The Natural Resource Conservation Service of the United States
Department of Agriculture.
28.08.205 Normal Maintenance and Repair. Normal maintenance or repair of
existing structures or developments, including damage by accident, fire or elements. Normal
maintenance includes those usual acts to prevent a decline, lapse, or cessation from a lawfully
established condition. Normal repair means to restore a development to a state comparable to its
original condition, including but not limited to its size, shape, configuration, location and external
appearance, within a reasonable period after decay or partial destruction, except where repair
causes substantial adverse effects to shoreline resource or environment. Replacement of a structure
or development may be authorized as repair where such replacement is the common method of
repair for the type of structure or development and the replacement structure or development is
comparable to the original structure or development including but not limited to its size, shape,
configuration, location and external appearance and the replacement does not cause substantial
adverse effects to environment or shoreline resources.
28.08.210 Off-site. Action away from the site on which the critical area has been or
will be impacted by a regulated activity.
28.08.215 On-site. Action at or within two hundred (200) feet of the site on which
the critical area has been or will be impacted by a regulated activity.
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28.08.220 Out-of-kind. An action to replace a critical area with a substitute critical
area whose characteristics do not closely approximate those destroyed or degraded by a regulated
activity.
28.08.225 Primary Association. The fundamental link between a species and land
and or aquatic area. For the purposes of this Title, these areas are those where species breed or
feed.
28.08.230 Proposal. See Development Proposal.
28.08.235 Qualified Consultant. A person with expertise through training and/or
experience in the area cited who is capable of performing the required services at a level
approximating the state of the practice.
28.08.240 Qualified Fish and Wildlife Biologist. A person with expertise in
habitat issues with a degree in an appropriate field and experience as a biologist.
28.08.245 Qualified Wetlands Biologist. A qualified professional with expertise in
wetland issues, and with a minimum of two years experience in performing delineations using state
and federal manuals analyzing wetland functions and values, analyzing wetland impacts, preparing
wetland reports, and developing wetland mitigation and restoration plans.
28.08.250 Reasonable Use or Reasonable Economic Use. A common law
principle that no one has the right to use his or her property in a way that deprives others of the
lawful enjoyment of their property. A legal concept articulated by federal and state courts in
regulatory takings cases.
28.08.255 Reasonable Use Exception. An exception to the specific standards
identified in this Title granted to a property owner on the basis that a property owner should be
allowed the reasonable use of his or her property.
28.08.260 Remediation. The cleanup and restoration of groundwater to some
acceptable level.
28.08.265 Restoration. For the purposes of sensitive areas regulation, restoration is
an action which returns a sensitive area or buffer to a state in which its stability and functions
approach its unaltered state as closely as possible.
28.08.270 Seismic Hazard Areas. Areas that, due to a combination of soil and
groundwater conditions, are subject to severe risk of ground shaking, subsidence, or liquefaction of
soils during earthquakes. These areas are typically underlain by soft or loose saturated soils (such
as alluvium), have a shallow groundwater table and are typically located on the floors of river
valleys.
28.08.275 Setbacks. The required distances between every structure on a lot and the
lot lines of the lot on which it is located, or from rights-of- way, access easements, or the edges of
critical areas as delineated according to the standards and procedures defined in this Title.
28.08.280 Site Assessment. A site-specific analysis which identifies the presence of
critical areas, classifies and designates the critical area, documents site conditions, analyzes project-
generated impacts, and identifies appropriate mitigative measures. Site assessments include
wetland reports,hydrogeologic reports, and habitat management plans.
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28.08.285 Slump. The downward and outward movement of a mass of bedrock or
regolith along a distinct surface of failure.
28.08.290 Sole Source Aquifer. An area so designated by the Environmental
Protection Agency pursuant to the Federal Drinking Water Act.
28.08.295 Temporary Erosion Control. On-site and off-site control measures that
are needed to control conveyance or deposition of earth, turbidity, or pollutants during
development, construction, or restoration.
28.08.300 Threatened Species. A species,native to the State of Washington, that is
likely to become endangered in the foreseeable future throughout a significant portion of its range
within the State without cooperative management or the removal of threats as designated by WAC
232-12-011.
28.08.305 Unfavorable Determination. The determination by the City Planner that the
activity will not adequately mitigate its impact upon the critical area(s) and/or comply with
performance standards of this Title and is not authorized.
28.08.310 Unprotected Aquifer. Any aquifer that is neither confined nor
protected by overlying surface or subsurface impermeable layers.
28.08.315 Values. The desirable attributes associated with a critical area and its
components that contribute to public health, safety, and welfare.
28.08.325 Vulnerability. The degree to which groundwater may become
contaminated depending on the local hydrologic characteristics and amounts of potential
groundwater contaminant present.
28.08.330 Wetland. Areas that are inundated or saturated by surface water or
ground water at a frequency and duration sufficient to support and that under normal circumstances
do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
Wetlands generally include swamps, marshes, bogs, shallow open waters, and similar areas.
Wetlands do not include those artificial wetlands purposefully and intentionally created from non-
wetland sites by human actions, including, but not limited to irrigation and drainage ditches, grass-
lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape
amenities or those wetlands created after July 1, 1990, that were unintentionally created as a result
of the construction of a road, street or highway. However, wetlands include those artificial
wetlands intentionally created to mitigate conversion of wetlands.
28.08.335 Wetland Categories.
(1) Category I. wetlands are: 1) alkali wetlands; 2) wetlands that are identified by
scientists of the Washington Natural Heritage Program/DNR as high quality wetlands; 3) bogs; 4)
mature and old-growth forested wetlands over I/4 acre with slow-growing trees; 5) forests with
stands of aspen; and 6)wetlands that perform many functions very well
(2) Category 11. These wetlands are those that: 1) forested wetlands in the floodplains
of rivers; 2) mature and old-growth forested wetlands over 1/4 acre with fast-growing trees; 3)
vernal pools; and 4)wetlands that perform functions well. These wetlands are difficult, though not
impossible,to replace, and provide high levels of some functions.
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(3) Category III. forested wetlands in the floodplains of rivers; 2) mature and old-
growth forested wetlands over '/4 acre with fast-growing trees; 3)vernal pools; and 4)wetlands that
perform functions well. These wetlands are difficult,though not impossible, to replace, and provide
high levels of some functions.
(4) Category IV. Category IV wetlands have the lowest level of functions and are
often heavily disturbed. These are wetlands that could be replaced, and in some cases improved.
However, experience has shown that replacement cannot be guaranteed in any specific case. These
wetlands may provide some important functions and also need to be protected.
28.08.340 Wetland Community Description. A thorough description of the
wetland and any resident plant and animal species.
28.08.345 Wetland Creation. The manipulation of the physical, chemical, or
biological characteristics present to develop a wetland on an upland or deepwater site where a
wetland did not previously exist. Establishment results in a gain in wetland acres. Activities
typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod,
create hydric soils, and support the growth of hydrophytic plant species.
28.08.350 Wetland Delineation. The mapping of a wetland and establishment of its
boundary or edge.
28.08.355 Wetland Enhancement. The manipulation of the physical, chemical, or
biological characteristics of a wetland site to heighten, intensify, or improve specific function(s) or
to change the growth stage or composition of the vegetation present. Enhancement is undertaken
for specified purposes such as water quality improvement, flood water retention, or wildlife habitat.
Enhancement results in a change in some wetland functions and can lead to a decline in other
wetland functions, but does not result in a gain in wetland acres. Activities typically consist of
planting vegetation, controlling non-native or invasive species, modifying site elevations or the
proportion of open water to influence hydroperiods, or some combination of these activities.
28.08.360 Wetland Functions. Those natural processes performed by wetlands,
such as facilitating food chain production; providing habitat for nesting, rearing, and resting sites
for aquatic, terrestrial, or avian species; maintaining the availability and quality of water acting as
recharge, and discharge for groundwater aquifers; moderating surface water and stormwater flows;
and other functions including, but not limited to, those identified in the Code of Federal
Regulations 320.4(b)(2).
28.08.365 Wetland Protection/Maintenance (Preservation): Removing a threat to,
or preventing the decline of, wetland conditions by an action in or near a wetland. This includes
the purchase of land or easements, repairing water control structures or fences, or structural
protection such as repairing a barrier island. This term also includes activities commonly
associated with the term preservation. Preservation does not result in a gain of wetland acres, may
result in a gain in functions, and will be used only in exceptional circumstances.
28.08.370 Wetland Restoration: The manipulation of the physical, chemical, or
biological characteristics of a site with the goal of returning natural or historic functions to a former
or degraded wetland. For the purpose of tracking net gains in wetland acres, restoration is divided
into:
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• Re-establishment. The manipulation of the physical, chemical, or biological characteristics
of a site with the goal of returning natural or historic functions to a former wetland. Re-
establishment results in a gain in wetland acres (and functions). Activities could include
removing fill material,plugging ditches, or breaking drain tiles.
• Rehabilitation. The manipulation of the physical, chemical, or biological characteristics of
a site with the goal of repairing natural or historic functions of a degraded wetland.
Rehabilitation results in a gain in wetland function but does not result in a gain in wetland
acres. Activities could involve breaching a dike to reconnect wetlands to a floodplain or
return tidal influence to a wetland.
28.08.375 Wetland Values. Wetland values are estimates,usually subjective, of the
benefits of wetlands to society, and include aesthetics, education, scientific research, and
recreation.
Chapter 28.12
General Provisions
Sections:
28.12.010 Authorizations Required
28.12.020 Jurisdiction
28.12.030 Exemptions
28.12.040 Reasonable Use Exceptions
28.12.050 Waivers for Subsequent Approvals
28.12.060 Vested Development and Pending Development Approvals
28.12.070 Variances
28.12.080 Critical Area Review
28.12.090 Minimum Standards
28.12.100 Concurrent Requirements
28.12.110 Pre-Application Meeting
28.12.120 Critical Area Checklist
28.12.130 Initial Determination
28.12.140 Waivers from Critical Area Detailed Study Requirements
28.12.150 Critical Area Detailed Studies
28.12.160 Final Determination
28.12.170 Completion of the Critical Area Review
28.12.180 Mitigation Standards
28.12.190 Buffers
28.12.200 Bonding
28.12.210 Incentives
28.12.220 Critical Areas Map
28.12.010 Authorizations Required. Prior to fulfilling the requirements of this Title, the
City shall not grant any approval or permission to alter the condition of any land, water or
vegetation, or to construct or alter any structure or improvement including, but not limited to, the
following:
(a) Building Permit;
(b) Conditional Use Permit;
(c) Shoreline Conditional Use Permit;
(d) Shoreline Substantial Development Permit;
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(e) Shoreline Variance;
(f) Short Subdivision;
(g) Subdivision;
(h) Zoning Variance;
(i) Zoning Code Amendment; or
0) Any other adopted permit or required approval not expressly exempted by this Title.
28.12.020 Jurisdiction. This Title shall apply to all lands, all land uses and development,
and all structures and facilities in Pasco, except as exempted under Section 28.12.120 of this Title.
This Title shall apply to every person, individual, firm, partnership, corporation, governmental
agency or other entity that owns, leases, or administers land within Pasco.
This Title provides regulations for land use and development in and adjacent to critical areas as
defined herein. These regulations are additional to, and coordinated with, the Pasco
Comprehensive Plan, the Pasco Shoreline Master Program, and regulations adopted pursuant to the
Pasco Urban Area Zoning Code and any other applicable regulations adopted by the City of Pasco.
This Title does not apply to environmentally sensitive areas waterward of the ordinary high water
mark. If there are any conflicts between this Title and other applicable regulations, the most
restrictive requirements apply.
28.12.030 Exemptions. The following developments, associated uses, and activities shall
be exempt from the provisions of this Title, PROVIDED that they are otherwise consistent with the
applicable provisions of other City of Pasco Titles.
All exempted activities shall use reasonable methods supported by Best Available Science
or accepted Best Management Practices with the least amount of potential impact to the
critical areas. Any incidental damage to, or alteration of, a critical area that is not a
necessary outcome of the exempted activity shall be restored, rehabilitated, or replaced at
the responsible party's expense. This includes, but is not limited to, accessways or paths,
vegetation removal or damage beyond a reasonable work zone, and grading and clearing
not essential to the ongoing operation of the site's use. To be exempt from this Title does
not give permission to destroy a critical area or ignore risk from natural hazards.
Exempted activities are:
(a). Emergency activities necessary to prevent an immediate threat to public health, safety, or
welfare. An emergency is an unanticipated and imminent threat to the public health or
safety or to the environment that requires immediate action within a period of time too
short to allow compliance with this Title. Restoration must be initiated within one year of
the date of the emergency and must be completed within six months of the initiation date_
(b) Maintenance, operation, and reconstruction of existing structures, facilities, improved
areas, utilities, sewage disposal systems, water systems, ponds, or public and private roads
and driveways. When such structures are damaged by an act of nature, they may be
reconstructed or replaced within two (2) years of the act of nature, provided that the new
construction or related activity does not further intrude into a critical area or established
buffer. Such reconstruction and replacement is subject to other applicable City regulations
and permit requirements.
(c) Modification of any existing structure that does not alter the structure to further intrude
into a critical area or established buffer and there is no increased risk to life and property.
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(d) Operation and maintenance of any system of existing dikes, levees, ditches, drains, or other
facilities which were created, developed or utilized primarily as a part of a drainage or
diking system. Operation and maintenance does not include the expansion or new
construction of drainage ditches and related facilities.
(e) Removal of hazardous trees and vegetation and, when necessary, measures to control or
prevent a fire or halt the spread of disease or damaging insects consistent with the State
Forest Practices Act; Chapter 76.09 RCW, PROVIDED that no vegetation shall be removed
from a critical area or its buffer without approval from the City.
(f) Activities involving artificially created wetlands or streams intentionally created from non-
wetland sites, including, but not limited to: grass-lined swales, irrigation and drainage
ditches, detention facilities, and landscape features, except those features that provide
critical habitat for anadromous fish and those features which were created as mitigation for
projects or alterations subject to the provisions of this Title.
(g) Outdoor recreational activities, including, but not limited to, fishing, bird-watching,
boating, swimming,hiking, and use of nature trails.
(h) The harvesting of wild crops in a manner that is not injurious to natural reproduction of
such crops and provided the harvesting does not require tilling soil, planting crops, or
changing existing topography,water conditions or water sources.
(i) Educational and scientific research.
0) Construction or modification of navigational aids and boundary markers.
(k) Site investigation work necessary for land use applications such as surveys, soil logs,
percolation tests and other related activities. In every case, disturbed areas shall be
immediately restored.
(1) Existing and ongoing agricultural activities and related development activities, PROVIDED
no alteration of flood storage capacity or conveyance, or increase in the extent or nature of
impact to a critical area or its buffer occurs, beyond that which has occurred prior to the
effective date of this Title.
If the proposed activity meets any of the listed exemptions, including any Best Management
Practice and/or restoration requirements, completion of a critical area checklist or further critical
area review is not required. The permit Applicant shall describe the proposed project in writing
and identify the criteria in this Section that apply to the requested exemption and submit this to the
City Planner. The City Planner will review the exemption request to verify that it complies with
this Title and certify or reject the exemption. If the project is rejected, the Applicant may continue
in the review process and shall submit to the requirements of the review process.
28.12.040 Reasonable Use Exceptions. If the application of this Title would deny all
reasonable use of the property, and if such viable use of the property cannot be obtained by
consideration of a variance pursuant to Section 28.04.060 to one or more individual requirements
of this Chapter, then a landowner may seek a reasonable use exception from the standards of this
Title. Reasonable Use Exception requests shall follow the variance procedures of Chapter 2.19 of
the Pasco Municipal Code, and shall only be granted if all of the following criteria are met:
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(a) The application of this Title would deny all reasonable and economically viable use of the
property;
(b) There is no other reasonable and economically viable use with less impact on the critical
area than that proposed;
(c) The proposed development does not pose an unreasonable threat to the public health,
safety or welfare on or off the development proposal site;
(d) Any alterations permitted to these critical areas shall be the minimum necessary to allow
for reasonable and economically viable use of the property;
(e) The proposal mitigates the impacts on the critical areas to the maximum extent possible,
while still allowing reasonable use of the property;
(f) The inability of the applicant to derive reasonable use of the property is not the result of
actions by the applicant in subdividing the property or adjusting a boundary line thereby
creating the undevelopable condition after the effective date of this Title; and
(g) That the granting of the exception is consistent with the general purpose and intent of the
Pasco Comprehensive Plan.
An application for a Reasonable Use Exception shall be filed with the City Planner. The burden of
proof shall be on the Applicant to bring forth evidence in support of the application and to provide
sufficient information on which any decision has to be made on the application.
Any authorized alteration of a critical area under this Section shall be subject to conditions
established by the City of Pasco and shall require mitigation under an approved mitigation plan.
28.12.050 Waivers for Subsequent Approvals. For development permit requests that
involve both discretionary land use approval/s (such as a subdivision, rezone, planned unit
development, or conditional use permit) and construction permit approval/s (such as building
permit), if the provisions of this Title have been addressed fully as part of the initial discretionary
approval, then subsequent construction permit requests shall not require additional critical area
checklists or review, PROVIDED the subsequent permit requests comply with all critical areas
conditions contained in the initial land use approval and no substantial changes in the nature or
extent of the proposed activity have been made.
If a Critical Area Review is to be waived on the basis of the provisions of this Section, the
Applicant shall submit a written request for the waiver including:
(a) Citation of the previous approval;
(b) Description of the proposed activity;
(c) Documentation of compliance with or plans for compliance with any critical area
conditions imposed by the previous approval; and
(d) Identification of any changes in the nature or extent of the proposed activity subsequent to
the previous approval.
The City Planner will review the waiver request to verify that it complies with this Title and certify
or reject the waiver.
28.12.060 Vested Development and Pending Development Approvals. The
provisions of this Title shall not apply to any development permit review for which a complete
application was filed prior to the effective date of this Title subject to the following:
(a) For pre-existing legal lots of record existing on the effective date of this Title that have not
previously completed a critical area review, the provisions of this Title shall apply at any
subsequent building or construction permit stage, including, but not limited to, the
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consideration of a reasonable use exception, if necessary to address development on pre-
existing legal lots.
(b) For development permit requests for which a complete application was filed prior to the
effective date of this Title, the provisions of this Title shall not apply to that permit or
approval, PROVIDED, however, if the development proposal later requires a building or
construction permit and a complete application for that building or construction permit was
not filed prior to the effective date of this Title, and if the provisions of this Title were not
addressed in the prior development approval, then critical area review pursuant to this Title
shall be required as part of the later building or construction permit review, including, but
not limited to consideration of the reasonable use exception provisions, if necessary.
(c) Existing development and land uses lawfully in existence on the effective date of this Title
are subject to the non-conforming use provisions of the Pasco Urban Area Zoning Code
and further subject to the general exemption provisions of this Chapter, Section 28.12.120.
28.12.070 Variances. Variances from the standards of this Title may be authorized by the
City of Pasco Hearing Examiner in accordance with the procedures set forth in Chapter 2.19. The
Hearing Examiner shall grant the variance only if the Applicant demonstrates that the requested
variance conforms to all of the criteria set forth as follows:
(a) That special conditions and circumstances exist which are peculiar to the land, the lot, or
something inherent in the land including, and which are not applicable to other lands in the
same district; and
(b) That the special conditions and circumstances do not result from the actions of the
Applicant; and
(c) That a literal interpretation of the provisions of this Title would deprive the Applicant of
rights commonly enjoyed by other properties under the terms of this Title; and
(d) That granting the variance requested will not confer on the Applicant any special privilege
that is denied by this Title to other lands, structures, or buildings under similar
circumstances.
(e) That the granting of the variance is consistent with the general purpose and intent of this
Title and will not create significant adverse impacts to the associated critical areas or
otherwise be detrimental to the public welfare.
(f) That the granting of the variance is consistent with the general purpose and intent of the
Pasco Comprehensive Plan.
(g) In granting any variance, the Hearing Examiner may prescribe such conditions and
safeguards as are necessary to secure adequate protection of critical areas from adverse
impacts, and to ensure conformity with this Title.
(h) If the Hearing Examiner decides to grant the variance, the Examiner shall make a finding
that the reasons set forth in the application justify the granting of the variance, and that the
variance is the minimum necessary that will make possible the reasonable use of land,
building, or structure.
(i) That the Hearing Examiner shall prescribe a time limit within which the action for which
the variance is required shall begin or be completed or both. Failure to begin or complete
such action within the time limit set shall void the variance.
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An application for a variance shall be filed with the City Planner. The burden of proof shall be on
the Applicant to bring forth evidence in support of the application and to provide sufficient
information on which any decision has to be made on the application.
28.12.080 Critical Area Review. The City of Pasco shall complete a Critical Area Review
prior to granting any permit approval for a development or other alteration on a site that is found to
likely include, or be adjacent to, or have significant impact upon one or more critical areas, unless
otherwise provided in this Title. As part of this review, Pasco shall verify the information
submitted by the Applicant, and:
(a) Confirm the extent, nature, and type of any critical areas identified, and evaluate any
required Critical Area Detailed Study;
(b) Determine whether the development proposal conforms to the purposes and performance
standards of this Title;
(c) Assess impacts on the critical area from the activities and uses proposed and determine
whether any proposed alterations to, or impacts upon, critical areas are necessary and
unavoidable in order to meet the objectives of the proposal; and
(d) Determine if any required mitigation plans proposed by the Applicant are sufficient to
protect the critical area and public health, safety, and welfare concerns consistent with the
goals,purposes, objectives, and requirements of this Title.
The Applicant shall be responsible for the initiation, preparation, submission, and expense of all
required assessments, studies, plans, reconnaissance, and other work in support of the application.
The Applicant shall provide the City with both digital copies and paper copies of reports/studies
and maps prepared for the reports/studies including all geotechnical studies and mapping.
28.12.090 Minimum Standards. Any proposed activity shall be conditioned as necessary
to mitigate impacts to critical areas and conform to the Performance Standards required by this
Title. Subject to the Reasonable Use Exception of Section 28.12.040, any project that cannot
adequately mitigate its impacts to critical areas or meet the Performance Standards required by
Chapters 28.16 through 28.32 shall be denied.
28.12.100 Concurrent Requirements. Lands characterized by one or more critical area
feature may also be subject to other regulations established by this Title due to overlap or multiple
functions of some critical areas. In the event of conflict between regulations the most restrictive
regulations shall apply.
28.12.110 Pre-Application Meeting. Any person preparing for the permitting of activity
that may be regulated by the provisions of this Title may request a pre-application meeting with the
City prior to the Critical Area Review process. At this meeting, the City Planner shall discuss the
requirements of this Title, outline the review process, and work with the activity proponent to
identify any potential concerns that might arise during the review process.
28.12.120 Critical Area Checklist. For any proposed activity not found to be exempt
under Section 28.12.030, the Applicant shall complete a critical area checklist on forms provided
by the City. The checklist must be submitted to the City Planner prior to consideration of any
permit request that requires a critical area review, as described in Section 28.12.010.
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Following receipt of the checklist, the City Planner will conduct a review to determine whether
there are any critical area indicators present that required may be impacted by the proposal.
28.12.130 Initial Determination. If the City Planner determines that the site potentially
includes, or is adjacent to critical areas, or that the proposed project could have significant adverse
impacts on critical areas, the City Planner shall notify the Applicant that a Critical Area Detailed
Study is required for each of the indicated critical area types.
If the review of the checklist and critical area resources do not indicate that critical areas are
included or adjacent to the activity, or could suffer probable significant adverse impacts from the
activity, then the City Planner shall rule that the Critical Area Review is complete. The
determination shall be noted on the checklist.
The Applicant shall acknowledge in writing that a determination regarding the apparent absence of
one or more critical areas by the City Planner is not intended to be an expert certification regarding
the presence of critical areas and that the determination is subject to possible reconsideration and
reopening if new information is received. If the Applicant wants greater assurance of the accuracy
of the Critical Area Review determination, the Applicant may hire a qualified consultant to provide
such assurances.
28.12.140 Waivers from Critical Area Detailed Study Requirements. The City
Planner may waive the requirement for a Critical Area Detailed Study if there is substantial
evidence that:
(a) There will be no alteration of the critical areas or required buffer; and
(b) The development proposal will not impact the critical area in a manner contrary to the
purpose, intent and requirements of this Title; and
(c) The performance standards required by this Title will be met.
Notice of the findings substantiating the waiver will be attached to the permit and filed
with the application records.
28.12.150 Critical Area Detailed Studies
(a) Preliminary Reconnaissance. If a Critical Area Detailed Study is determined to be
necessary then a data review and field reconnaissance shall be performed by a
qualified consultant for that type of critical area. If the Detailed Study reveals no
critical area is present, then a statement of this finding along with supporting
evidence shall be prepared by the consultant and submitted to the City. An
approved finding of the lack of a critical area shall satisfy all of the requirements
for a Detailed Study.
(b) Minimum Requirements. If the data review and field reconnaissance reveals that a critical
area is present, then a complete Detailed Study shall be prepared by the Applicant and
submitted to the City. At a minimum, a Critical Area Detailed Study shall comply with the
specific criteria in Chapters 28.16 through 28.32, and clearly document:
(1) The boundary and extent of the critical area;
(2) The existing function,value, and/or hazard associated with the critical area;
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(3) The probable impact upon the function, value, and/or hazard associated with the
critical area from the project as proposed; and
(4) A mitigation plan as described in Sections 28.12.180 through 28.12.220.
(c) Limitations to Study Area. If the Applicant, together with assistance from the City, cannot
obtain permission for access to properties adjacent to the project area, then the Critical
Area Detailed Study may be limited accordingly.
(d) Preparation and Determination of Completeness. The Critical Area Detailed Study shall be
prepared by a qualified consultant for the type of critical area or areas involved. The
qualified consultant may consult with the City Planner prior to or during preparation of the
critical area detailed study to obtain City approval of modifications to the contents of the
study where, in the judgment of the qualified consultant, more or less information is
required to adequately address the critical area impacts and required mitigation.
If the Critical Area Detailed Study is found to be incomplete, the Applicant shall be notified and
the Critical Area Review process shall be suspended pending correction of the inadequacies. Upon
receipt of a Critical Area Detailed Study a final determination is to be rendered.
28.12.160 Final Determination. Following submission of a completed Detailed Study, the
City Planner will review the Detailed Study and make a determination, based on the Critical Area
Detailed Study and any other available and appropriate materials. The City Planner's
determination will address the adequacy of the project, as proposed, to mitigate any effects it may
have on critical areas that are included within or adjacent to the project site. The City Planner may
elect to request assistance from state resource agency staff if necessary. In addition, the City
Planner will assess the adequacy of the project proposal's compliance with the applicable
performance standards. Notice of this determination shall be attached to the permit and the Critical
Area Review shall be complete.
(a) A Favorable Determination. A determination that the project proposal adequately mitigates
its impacts on the critical areas and complies with the applicable performance standards
satisfies the provisions of this Title only. It should not be construed as endorsement or
approval of the original or any subsequent permit applications.
(b) An Unfavorable Determination. When a project proposal is found to not adequately
mitigate its impacts on the critical areas and/or not comply with applicable performance
standards, the City Planner shall prepare written notice of the reasons for the finding of
non-compliance. Such notice shall identify the critical area impacted, the nature of the
impact.
Following notice of a determination from the Critical Area Review that the proposed
activity does not adequately mitigate its impacts on the critical areas and/or does not
comply with applicable performance standards, the Applicant may request consideration of
a revised mitigation plan. If the revision is found to be substantial and relevant to the
Critical Area Review, the City Planner may reopen the Critical Area Review and make a
new determination based on this revised mitigation plan.
28.12.170 Completion of the Critical Area Review. If at any time prior to completion
of the public input process on associated permits or approvals, the City receives new evidence that
a critical area may be included in, adjacent to, or significantly impacted by the proposed activity,
then the City shall reopen the critical area review process and shall require whatever level of
22
critical area review and mitigation as is indicated by the evidence. Once the public input process
on all associated permits or approvals is completed and the record is closed, then the City's
determination regarding critical areas shall be final,unless appeal is filed as per Chapter 2.19 of the
Pasco Municipal Code
28.12.180 Mitigation Standards. All proposed critical area alterations shall include
mitigation sufficient to maintain the function and values of the critical area, or to prevent risk from
a hazard posed by a critical area. Mitigation of one critical area impact should not result in
unmitigated impacts to another critical area. Mitigation includes avoiding, minimizing or
compensating for adverse impacts to critical areas or their buffers. The preferred sequence of
mitigation is defined below(1 -most preferred, 6 - least preferred):
1. Avoid the impact altogether by not taking a certain action or parts of an action.
2. Minimize the impacts by limiting the degree or magnitude of the action and its
implementation by using appropriate technology, or by taking affirmative steps to
avoid or reduce impacts.
3. Rectify the impact by repairing, rehabilitating or restoring the affected
environment to the conditions existing at the time of the initiation of the project.
4. Reduce or eliminate the impact over time through use of preservation and
maintenance operations during the life of the action.
5. Compensate for the impact by replacing, enhancing, or providing substitute
resources or environments.
6. Monitoring the impact and taking corrective measures.
Possible mitigation techniques include, but are not limited to: buffers, setbacks, limits on clearing
and grading, creation of artificial wetlands, streambank stabilization, modified construction
methods, and best management practices for erosion control and maintenance of water quality.
All proposed mitigation shall be documented in a mitigation plan as included as an element of the
Critical Area Detailed Study. The mitigation plan shall include a description of the following:
(a) What mitigation, specifically,is proposed;
(b) How the proposed mitigation will maintain the critical area function, any ongoing
monitoring and/or inspection that may be required to ensure the adequacy of the proposed
mitigation, and an evaluation of the anticipated effectiveness of the proposed mitigation;
(c) Any remedial measures that may be required, depending on the outcome of that ongoing
monitoring and/or inspection;
(d) Any required critical expertise necessary to install, monitor or inspect the proposed
mitigation; and
(e) Any bonding or other security required to insure performance and/or maintenance of the
proposed mitigation.
28.12.190 Buffers. Buffers have, in some cases, been determined to be necessary and
appropriate to protect critical areas and their functions. Where specific buffers are identified,those
buffers are deemed"required" or"standard"buffers.
(a) Except as otherwise specified herein, required buffers shall be retained in their pre-existing
condition. If a project does not propose any alteration of buffers or of the associated
critical area, then subject to the following provision, no additional mitigation will be
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required to protect the critical area. Additional mitigation beyond the required buffer shall
be required if the City Planner finds that,based on unique features of the critical area or its
buffer or of the proposed activity, the required buffers will not adequately protect the
function of the critical area or prevent risk of hazard from the critical area and that
additional mitigation or buffering is required to protect the critical area function or to
prevent risk of hazard from the critical area.
(b) The buffer shall be marked prior to any site alteration and boundary markers shall be
visible, durable, and permanently affixed to the ground. The boundary markers shall
remain until all activity is completed and a final site inspection is completed.
(c) An eight (8) foot minimum setback shall be required from the buffer area for any
construction of impervious surface area greater than one hundred and twenty (120) square
feet. Clearing, grading, and filling within this setback shall only be allowed when the
Applicant can demonstrate that vegetation within the buffer will not be damaged.
(d) Where temporary buffer disturbance or alteration has or will occur in conjunction with
regulated activities, revegetation with appropriate native vegetation shall be required and
completed one(1)month before the end of the growing season.
(e) Normal non-destructive pruning and trimming of vegetation for maintenance purposes; or
thinning of limbs of individual trees to provide a view corridor, shall not be subject to
these buffer requirements. Enhancement of a view corridor shall not be construed to mean
excessive removal of trees or vegetation that impairs views.
If the Applicant proposes to reduce required buffers or to alter the required buffer, then the
Applicant shall demonstrate why such buffer modification, together with any alternative mitigation
proposed in the Critical Area Detailed Study, is sufficient to protect the critical area function or to
prevent risk of hazard from the critical area.
The Critical Area Detailed Study shall make adequate provision for long-term buffer protection.
Periodic inspection of the buffers may be required if deemed to ensure long-term buffer protection.
28.12.210 Bonding. The City Planner shall have the discretion to require a bond which
will ensure compliance with the mitigation plan if activity related to the protection of the critical
area(s) (for example, monitoring or maintenance) or construction is scheduled to take place after
the issuance of the City's permit. The bond shall be in the form of either a surety bond,
performance bond, assignment of savings account, or an irrevocable standby letter of credit
guaranteed by a financial institution with terms and conditions acceptable to the City's Attorney.
The bond shall be in the amount of one hundred and twenty-five percent (125%) of the estimated
cost of the uncompleted actions or construction or the estimated cost of restoring the function and
values of the critical area that are at risk, whichever is higher. The term of the bond shall be two
(2) years, or until the additional activity or construction has been completed and passed the
necessary inspections,whichever is longer.
28.12.210 Incentives. The following incentives are intended to minimize the burden to
individual property owners from application of the provisions of this chapter:
(a) Open Space. Any property owner on whose property a critical area or its associated buffer
is located and who proposes to put the critical area and buffer in a separate tract may apply
for current use property tax assessment on that separate tract through Franklin County,
pursuant to RCW 84.34.
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(b) Conservation Easement. Any person whose property contains an identified critical area or
its associated buffer may place a conservation easement over that portion of the property
by naming a beneficiary under RCW 64.04.130 as beneficiary of the conservation
easement. This conservation easement may be in lieu of a separate critical areas tract that
qualifies for open space tax assessment described in Section 28.12.220(a). The purpose of
the easement shall be to preserve, protect, maintain, restore and limit future use of the
property affected. The terms of the conservation easement may include prohibitions or
restrictions on access.
28.12.220 Critical Areas Map. The approximate location and extent of critical areas in the
City of Pasco are shown on the critical areas map adopted as apart of the Comprehensive Plan. The
map is to be used only as a guide to alert the user to the possible distribution, location, and extent
of critical areas. The Map shall be utilized as a source of generalized information and shall not be
considered as regulatory standards or substitute for site-specific assessments. The actual type,
extent, and boundaries of critical areas shall be determined in the field by a qualified specialist
according to the procedures, definitions, and criteria established by this Title.
Chapter 28.16
Wetlands
Sections:
28.16.010 Wetland Designation
28.16.020 Wetland Rating
28.16.030 Wetland Indicators
28.16.040 Wetland Detailed Study
28.16.050 Wetland Detailed Study Exemptions
28.16.060 Basic Wetland Requirement
28.16.070 Required Buffers
28.16.080 Compensatory Mitigation
28.16.090 Innovative Mitigation
28.16.100 Mitigation Exceptions
28.16.110 Restoration
28.16.010 Wetland Designation Under this Title, wetlands shall be designated in
accordance with the definitions, methods and standards set forth in the Washington State Wetlands
Identification and Delineation Manual as amended (Washington State Department of Ecology,
March 1997, Ecology Publication#96-94). All areas within the City of Pasco meeting the criteria
identified in this delineation manual, regardless of whether or not these areas have been formally
identified as wetlands, are hereby designated as wetland critical areas and are subject to the
provisions of this Title.
28.16.020 Wetland Rating (Classification) The wetlands rating system is intended to
differentiate between wetlands based on their sensitivity to disturbance,rarity, irreplaceabliltiy, and
the functions and values they provide. A general description of wetland categories and the
rationale for each category is provided in the definitions section of this Title (see "Wetland
Categories").
(a) Wetlands shall be rated (classified) as either Category 1, Category II, Category III, or
Category IV according to the criteria listed in this section. This rating system is based on
the Washington Department of Ecology's Washington State Wetlands Rating System for
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Eastern Washington--Revised and the most current copy of that document should be
referred to for additional information on classification of wetlands.
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28.16.030 Wetland Indicators. The following indicators of wetland presence shall be used
by the City Planner to determine if a wetland Detailed Study is needed:
(a) Listing in the City's Critical Areas Map as a wetland; or
(b) Documentation, through references state or federal handbooks and or reports by qualified
experts; or
(c) A finding by a qualified wetland biologist that an appropriate hydrologic, soil, and/or
vegetation regime indicative of a wetland exists; or
(d) A reasonable belief by the City Planner that a wetland may exist, supported by a site visit
and subsequent consultation with a qualified wetland biologist.
28.16.040 Wetland Detailed Study - Requirements. If a Wetland Detailed Study is
required, it shall meet the following requirements in addition to the Basic Requirements identified
in Sections 28.12.150
(a) The Wetland Detailed Study shall be completed by a qualified wetlands biologist.
(b) The extent and boundaries of any wetlands shall be determined in accordance with the
methodology specified under Section 28.16.010. The boundary shall be surveyed and
mapped at a scale no smaller than one (1)inch equals two hundred(200)feet.
(c) A wetland community description and wetland classification shall be completed, consistent
with the requirements of Section 28.16.020.
(d) A written values and functions assessment shall be completed and address site hydrology
(source of water in the system, water quality, flood and stream flow attenuation,
seasonality of presence of water, if applicable), soils, vegetation, fish and wildlife habitat,
recreation, and aesthetics.
(e) The site plan for the proposed activity shall be mapped at the same scale as the wetland
map, showing the extent of the proposed activity in relationship to the surveyed wetland,
and including a detailed narrative describing the project, its relationship to the wetland, and
its potential impact on the wetland.
(f) The proposed mitigation plan shall follow the general mitigation plan requirements
described in Section 28.12.180, and shall address how the activity has been mitigated to
avoid and minimize adverse impacts to wetlands and. Guidelines for Developing
Freshwater Wetlands Mitigation Plans and Proposals, Department of Ecology, March 1994
(or any succeeding documents) should be used as a basis for mitigation.
28.16.050 Wetland Detailed Study Exemptions. In addition to activities exempted in
Section 28.12.030, the following activities shall not require a Wetland Detailed Study, PROVIDED
they are conducted using accepted Best Management Practices, as determined by the City Planner:
(a) Conservation or preservation of soil,water,vegetation, fish or other wildlife.
28.16.060 Basic Wetland Requirement. A regulated wetland or its required buffer can
only be altered if the Wetland Detailed Study shows that:
(a) The proposed alteration does not degrade the quantitative and qualitative functioning of the
wetland, or
(b) any degradation can be adequately mitigated to protect the wetland function. Any
proposed alteration approved pursuant to this section shall include mitigation necessary to mitigate
the impacts of the proposed alteration on the wetland as described in this Chapter and Section
28.12.180.
28.16.070 Required Buffers
(a) Buffer Requirements. The following buffers shall be required for wetlands based on the
rating of the wetland as outlined in Section 28.16.020:
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Wetland Buffer Requirements
Category of Wetland Land Use with Land Use with Land Use with
Low Impact* Moderate Impact* High Impact*
IV 25 ft 40 ft 50 ft
III 75 ft 110ft 150 ft
II 100 ft 150 ft 200 ft
I 125 ft 190 ft 250 ft
* See Table 2 in this section for types of land uses that can result in low,moderate,and high impacts to
wetlands.
Any wetland created, restored or enhanced as compensation for approved wetland
alterations shall also include the standard buffer required for the category of the created,
restored,or enhanced wetland.
(b) Measuring Buffer Dimensions. Wetland buffers shall be measured horizontally in a
landward direction from the delineated wetland edge.
(c) Wetlands Adjacent to Slopes. Where lands adjacent to a wetland display a continuous
slope of twenty-five percent (25%) or greater, the buffer shall include such sloping areas.
Where the horizontal distance of the sloping area is greater than the required standard
buffer, the buffer shall be extended to a point twenty-five (25) feet beyond the top of the
bank of the sloping area.
Table #2
Land Use Intensity Table
Level of Impact from Proposed Types of Land Use Based on Common Zoning Designations
Change in Land Use
High •Commercial
•Urban
•Industrial
•Institutional
•Retail sales
•Residential(more than 1 unit/acre)
•High-intensity recreation(golf courses,ball fields,etc.)
Moderate •Residential(1 unit/acre or less)
•Moderate-intensity open space(parks with biking,jogging,
etc.)
•Paved driveways and gravel driveways serving 3 or more
residences
• Paved trails
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Low •Low-intensity open space(hiking,bird-watching,preservation
of natural resources,etc.)
•Timber management
•Gravel driveways serving 2 or fewer residences
•Unpaved trails
•Utility corridor without a maintenance road and little or no
vegetation management.
28.16.080 Compensatory Mitigation. As a condition of any development permit or
approval which results in on-site loss or degradation of regulated wetlands and/or wetland
buffers, the City may require the Applicant to provide compensatory mitigation to offset
impacts resulting from the actions of the Applicant or violator. The following standards
shall apply:
(a) The mitigation shall be conducted on property that shall be protected and managed to
avoid further loss or degradation. The Applicant or violator shall provide for long term
preservation of the mitigation area.
(b) Mitigation-ratios shall be consistent with following entitled Washington State Department
of Ecology manual; Wetland Mitigation in Washington State, Part 1: Agency
Policies and Guidance (Version 1, Publication #06-06-011a, March 2006) and
Wetland Mitigation in Washington State, Part 2: Developing Mitigation Plans
(Version 1, Publication#06-06-01 lb, March 2006).
(c) Mitigation shall follow an approved Mitigation Plan and reflect the restoration/creation
ratios specified above.
(d) The Applicant shall enter in to a wetland mitigation monitoring agreement with the City as
a condition of approval. The monitoring program will continue for at least five years from
the date of plant installation. Monitoring will continue for ten years where woody
vegetation (forested or shrub wetlands) is the intended result. These communities take at
least eight years after planting to reach eighty percent canopy closure. Reporting for a ten
year monitoring period shall occur in years one, two, three, five, seven and ten. Monitoring
in all instances shall be bonded. Reporting results of the monitoring data to the Director is
the responsibility of the applicant.
(e) Mitigation shall be completed prior to, or concurrently with,wetland loss; or, in the case of
an enforcement action,prior to continuation of the activity by the Applicant or violator.
(f) On-site mitigation is generally preferred over off-site mitigation.
(g) Off-site mitigation allows replacement of wetlands away from the site on which the
wetland has been impacted by a regulated activity. Off-site mitigation will be conducted in
accordance with the restoration/creation ratios described above. Off-site mitigation shall
occur within the same drainage basin as the wetland loss occurs,provided that Category IV
wetlands may be replaced outside of the watershed if there is no reasonable alternative.
1. On-site mitigation is not feasible due to hydrology, soils, or other factors.
2. On-site mitigation is not practical due to probable adverse impacts from
surrounding land uses or would conflict with a federal, state or local public safety
directive.
3. Potential functional values at the site of the proposed restoration are greater than
the lost wetland functional values.
(h) When the wetland to be altered is of a limited functional value and is degraded,mitigation
shall be of the wetland community types needed most in the location of mitigation and
those most likely to succeed with the highest functional value possible.
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(i) Out-of-kind mitigation can be allowed when out-of-kind replacement will best meet the
provisions of this section.
(j) Except in the case of cooperative mitigation projects in selecting mitigation sites,
Applicants shall pursue locations in the following order of preference:
1. Filled, drained, or cleared sites that were formerly wetlands and where appropriate
hydrology exists.
2. Upland sites, adjacent to wetlands, if the upland is significantly disturbed and does
not contain a mature forested or shrub community of native species, and where the
appropriate natural hydrology exists.
(k) Where out-of-kind replacement is accepted, greater restoration/creation ratios may be
required.
(1) Construction of mitigation projects shall be timed to reduce impacts to existing wildlife
and plants. Construction shall be timed to assure that grading and soil movement occurs
during the dry season and planting of vegetation shall be specifically timed to needs of the
target species.
28.16.100 Innovative Mitigation. One or more applicant(s), or an organization with
demonstrated capability, may undertake a mitigation project together if it is demonstrated that all of
the following circumstances exist:
(a) Creation of one or several larger wetlands may be preferable to many small wetlands;
(b) The group demonstrates the organizational and fiscal capability to act cooperatively;
(c) The group demonstrates that long term management of the mitigation area will be
provided; and,
(d) There is a clear potential for success of the proposed mitigation at the identified mitigation
site.
Conducting mitigation as part of a cooperative process does not reduce or eliminate the required
replacement ratios outlined in Section 28.16.090 (b), except where a compensatory mitigation plan
including a five-year monitoring agreement is included as a condition of approval, such plan shall
allow for one-to-one (1:1) replacement ratios upon successful completion of the monitoring
agreement.
Wetland mitigation and banking programs shall be consistent with the provisions outlined in the
Department of Ecology's publication Wetland Mitigation in Washington State, Part 1: Agency
Policies and Guidance (Version 1, Publication#06-06-011a, March 2006) and Wetland Mitigation
in Washington State, Part 2: Developing Mitigation Plans (Version 1, Publication #06-06-01 lb,
March 2006).
1. Credits from a wetland mitigation bank may be approved for use as compensation for
unavoidable impacts to wetlands when:
a. The bank is certified under Chapter 173-700 WAC;
b. The [director] determines that the wetland mitigation bank provides appropriate
compensation for the authorized impacts; and
c. The proposed use of credits is consistent with the terms and conditions of the bank's
certification.
2. Replacement ratios for projects using bank credits shall be consistent with replacement
ratios specified in the bank's certification.
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3. Credits from a certified wetland mitigation bank may be used to compensate for
impacts located within the service area specified in the bank's certification. In some
cases,the service area of the bank may include portions of more than one adjacent
drainage basin for specific wetland functions.
28.16.120 Mitigation Exceptions. Requirements for mitigation do not apply when a
wetland alteration is intended exclusively for the enhancement or restoration of an existing
regulated wetland and the proposal will not result in a loss of wetland function and value, subject to
the following conditions:
(a) The enhancement or restoration project shall not be associated with a development activity.
(b) An enhancement or restoration plan shall be prepared and approved as described in Section
4.03.16.
28.16.130 Restoration. Restoration is required when a wetland or its buffer has been
altered in violation of this Title. The following minimum performance standards shall be met for
the restoration of a wetland, PROVIDED that if it can be demonstrated by the Applicant that greater
functional and habitat values can be obtained,these standards may be modified:
(a) The original wetland configuration should be replicated including depth, width, and length
at the original location.
(b) The original soil types and configuration shall be replicated.
(c) The wetland, inc including buffer areas, shall be replanted with native vegetation which
replicates the original species, sizes, and densities.
(d) The original functional values shall be restored, including water quality and wildlife habitat
functions.
(e) Required replacement ratios are shown in the following table:
Wetland In-Kind (On-Site) Restoration:
Restoration/Creation Area Ratios
Wetland Category Wetland Area Created : Wetland Area Lost
CATEGORY I 4: 1
CATEGORY 11 or III 2 : 1
CATEGORY IV 1.25 : 1
A restoration plan shall be prepared and approved prior to commencement of restoration work.
Such a plan shall be prepared by a qualified wetland biologist and shall describe how the proposed
actions meet the minimum requirements described above. The City Planner shall, at the
Applicant's or Violator's expense, seek expert advice in determining the adequacy of the plan.
Inadequate plans shall be returned to the Applicant or Violator for revision and resubmittal.
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Chapter 28.20
Habitat
Sections:
28.20.010 Fish and Wildlife Habitat Areas—Purpose
28.20.020 Fish and Wildlife Habitat Area Designation and Classification Criteria
28.20.030 Fish and Wildlife Habitat Area Rating
28.20.040 Determination of Need for Fish and Wildlife Habitat Area Detailed Study
28.20.200 Fish and Wildlife Habitat Area Detailed Study Requirements
28.20.060 Performance Standards Minimum Requirements
28.20.070 Bald Eagle Habitat
28.20.080 Wetland Habitat
28.20.010 Fish and Wildlife Habitat Areas — Purpose. The purpose of this chapter is
to provide a framework to evaluate the development,design and location of buildings to ensure that
critical fish and wildlife habitat is preserved and protected so habitat fragmentation is avoided.
These regulations seek to protect critical habitat areas so populations of endangered,threatened and
sensitive species are given consideration during the development review process.
28.20.020 Fish and Wildlife Habitat Area Designation and Classification Criteria
(a) Fish and wildlife habitat areas shall include the following:
Criteria for Classification of Fish and Wildlife Habitat
Areas
Habitat Area Characteristic/Classification Source
(1) Areas with which state or federally designated endangered,threatened, DF&W, US F&W
and sensitive species have a primary association, (NOAA)
(2) Naturally occurring under twenty(20)acres in size and their submerged DOE
aquatic beds that provide fish or wildlife habitat,
(3) Waters of the state classified as fish and wildlife habitats under the Growth DNR, DOE, DF&W,
Management Act, RCW 36.70A, and WAC 365-190-080(5)(c)(v) affected Indian tribes
(i) Columbia River
(ii) Snake River
(4) State Natural Area Preserves and Natural Resource Conservation Areas; DNR
and,
(5) Habitat areas of local importance as determined by resolution of the City DF&W
Council.
(b) The map references indicated are intended to serve only as a guide during development
review. In all cases,the actual presence or absence of listed species or habitat shall
determine how this title applies.
(c) All areas within the City of Pasco meeting one or more of these criteria, are hereby
designated as critical areas and are subject to the provisions of this Title.
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(d) Priority Habitats and Species for Franklin County are identified in the Washington
Department of Fish and Wildlife, 2008 Priority Habitat and Species List published by the
Washington State Department of fish and Wildlife.
28.20.030 Fish and Wildlife Habitat Area Rating. Fish and wildlife habitat areas shall
be rated as Primary or Secondary according to the criteria in this section.
Classification by Fish and Wildlife Areas
Habitat Classification Source
Area
Primary Primary habitats are those areas that are valuable to fish and wildlife and support
Habitats a wide variety of species due to an undisturbed nature, diversity of plant species,
and structure, presence of water, or size, location or seasonal importance and
which meet any of the following qualifying criteria
(1) The documented presence of species listed by the federal government or DF&W, US F&W
State of Washington as endangered,threatened, or sensitive. (NOAH)
(2) Those rivers identified as"Shorelines of the State" under the City of Pasco DOE
Shoreline Master Program, and streams within the shoreline jurisdiction.
(3) Those wetlands identified as Category I Wetlands, as defined in this title. Section 28.04.020
Wetland Rating
(Classification)
Secondary Secondary habitats are those which are valuable to wildlife and support a wide
Habitats variety of species due to: an undisturbed nature, diversity of plant species,
structure, presence of water, or size, location or seasonal importance but do not
meet any of the qualifying criteria listed in section 28.06.02.01.
28.20.040 Determination of Need for Fish and Wildlife Habitat Area Detailed
Study.
(a) A Detailed Study shall be required for any activity that is within two hundred(200) feet of
a Fish and Wildlife Habitat Area.
(b) Due to the sensitive nature of certain species, the Applicant shall notify the City if the
proposed activity will occur within 660 feet (1/8 of a mile) of a Fish and Wildlife Habitat
Area; the City may then contact appropriate agencies and determine if a Detailed Study
should be prepared,based on the sensitivity of the site.
(c) The City Planner shall require a Detailed Study of a habitat area if the following indicators
are present:
1. The area is listed in the City's Critical Areas Map as a Fish and Wildlife Habitat
area; or
2. Documentation exists that shows that any of the classification criteria listed in
Section 28.20.030 are present,based on any of the references listed in this Title; or
3. A qualified fish and wildlife biologist finds that habitat conditions appropriate to
meet one or more of the classification criteria listed above in 28.20.030 exist; or
4. The City Planner possesses a reasonable belief that a Fish and Wildlife Habitat
may exist. Such reasonable belief shall be supported by a site visit and subsequent
consultation with a qualified fish and wildlife biologist.
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28.20.200 Fish and Wildlife Habitat Area Detailed Study Requirements. If a Fish
and Wildlife Habitat Area Detailed Study is required,it shall include and/or meet the following
requirements in addition to the Basic Requirements identified in Sections 28.12.150.
(a) The Detailed Study shall be completed by a qualified Fish and Wildlife biologist with
expertise in assessing the relevant species and habitats. Evidence of qualifications shall be
provided with the Detailed Study.
(b) The site plan and map submitted shall be of a scale no smaller than 1 inch=200 feet. The
Site plan shall indicate all Fish and Wildlife Habitat Critical Areas, as determined by the
criteria in Section 28.20.030, and shall include the area within two hundred (200) feet of
the subject property. The Applicant may prepare the site plan, however it is subject to
review by the qualified fish and wildlife biologist. The extent and boundaries of the
habitat shall be determined by the qualified fish and wildlife biologist.
(c) A habitat description including a habitat rating as described in Section 28.20.030, and a
statement of functions and values providing information on the species in question and the
associated plant and animal communities. A complete list of species and special habitat
features shall be included.
(d) A regulatory analysis including a discussion of any federal, state, tribal, and/or local
requirements or special management recommendations developed specifically for species
and/or habitats located on the site.
(e) The proposed mitigation plan shall address how the proposed development activity has
been mitigated to avoid and minimize adverse impacts to the habitat, and shall follow the
general mitigation plan requirements described in Section 28.12.180.
(f) A statement of management and maintenance practices, including a discussion of ongoing
maintenance practices that will assure protection of all fish and wildlife habitat
conservation areas on-site after the project has been completed.
(g) Habitat and Buffer Recommendations.
(1) Where non-fish species have been identified and classified as endangered or
threatened by the federal government or Washington Department of Fish and
Wildlife,the Detailed Study shall identify the required habitat and recommend
appropriate buffers based on the State Department of Fish and Wildlife Priority
Habitat and Species (PHS)management recommendations.
(2) Where other Fish and Wildlife Habitats areas have been identified,the Detailed
Study shall identify the required habitat and recommend appropriate buffers based
on the following recommendations:
(i) For areas with endangered, threatened, and sensitive species, any
recommended protective measures shall be consistent with the Washington
Department of Fish and Wildlife Priority Habitat and Species (PHS)
management recommendations; and
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(ii) For naturally occurring ponds under twenty (20) acres, protective
provisions that are consistent with the wetland performance standards of
Chapter 28.16.
(h) Habitats and species that have been identified as Priority Species or Priority Habitats by
the Washington Department of Fish and Wildlife Priority Habitats and Species Program
should not be reduced and shall be preserved through regulation, acquisition, incentives
and other techniques.
28.20.060 Performance Standards Minimum Requirements. This section describes
the minimum performance standard requirements for habitat areas, including wetland habitats,
riparian habitats, and specific requirements for Bald Eagle habitat areas.
(a) Wetland Habitats. All habitat sites containing wetlands shall conform to the wetland
development performance standards set forth in Chapter 28.16.
(b) Riparian Habitats.
(1) Buffer Requirements. Native vegetation standard buffers for activities occurring
adjacent to streams within Fish and Wildlife Habitat areas shall be maintained.
Buffer widths shall be based on the extent of prior stream channel modification.
Riparian buffers are determined by whether or not a salmonid habitat is present.
The buffer distance from the ordinary high-water mark shall be as follows:
Riparian Buffer Requirements
Stream Minimum Buffer Width
Columbia & Snake Rivers 100 feet
(2) Exception for Lots Adjacent to Pre-Existing Development. The required Riparian buffer
width listed above shall not apply in cases where the adjacent pre-existing development
(vested prior to the effective date of this Title) does not meet these established standards.
In such cases, the buffer may be reduced by one-third (1/3) the difference between the
required buffer and the larger of the two adjacent buffers.
Adjacency in this situation shall be defined as being within fifty (50) feet of the side
property lines. If there is only clearing on one side of the proposed activity within fifty
(50) feet of the side property line,then the buffer can be reduced as shown in the following
table:
Riparian Buffer Requirements:
Adjacent Pre-Existing Development Exceptions
Stream Minimum Buffer Width
Columbia & Snake Rivers 60 feet
28.20.070 Bald Eagle Habitat. Bald Eagle habitat shall be protected pursuant to the
Washington State Bald Eagle Protection Rules (WAC 232-12-292). A Habitat Management Plan
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shall be developed by the Applicant in coordination with the Department of Fish and Wildlife
whenever activities that alter habitat are proposed near a verified nest territory or communal roost.
28.20.080 Wetland Habitat. All habitat sites containing wetlands shall conform to the
wetland mitigation and restoration provisions set forth in Section 28.16.090 thought 28.16.130..
Chapter 28.24
Aquifer Recharge Areas
Sections
28.24.010 Purpose
28.24.020 Aquifer Recharge Area Designation Criteria
28.24.030 Aquifer Recharge Area Classification
28.24.040 Determination of Need for Aquifer Recharge Detailed Study
28.24.050 Aquifer Recharge Area Detailed Study
28.24.240 Aquifer Recharge Area Detailed Study Special Exemptions
28.24.070 Performance Standards Basic Requirements
28.24.080 Storage Tanks
28.24.010 Purpose The intent of this section to safeguard groundwater resources from
hazardous substance and hazardous waste pollution by controlling or abating future pollution from
new land uses or activities.
28.24.020 Aquifer Recharge Area Designation Criteria.
(a) Aquifer recharge areas shall be classified as following:
Designation of Aquifer Recharge Areas
Aquifer Recharge Area Characteristic / Designation Source
(1) Wellhead Protection Areas pursuant to WAC 246-290; WA DOH, US EPA
(2) Areas designated for special protection pursuant to a groundwater WA DOE
management program, Chapters 90.44, 90.48, and 90.54 RCW and
Chapters 173-100 and 173-200 WAC
(3) Areas overlying unprotected aquifers. Such aquifers shall be identified USGS
through any existing competent hydrogeologic study. WA DNR
(4) Areas with no identified unprotected aquifers but possessing the following
characteristics
(1) Slopes less than fifteen percent(15%), and
(2) Coarse alluvium or sand and gravel in the soil profile and no known
impermeable layers.
WA DOE=Washington State Department of Ecology
WA DOH =Washington State Department of Health
US EPA= United States Environmental Protection Agency
(b) Any project area located within two hundred(200) feet of an area meeting the aquifer
designation or soil classification criteria, or mapped as such, shall be treated as if it is located
within the mapped area.
36
(c) All areas within the City of Pasco meeting these criteria,regardless of the presence or lack
of any formal identification as such, are hereby designated as critical areas and are subject to
the provisions of this Title.
28.24.030 Aquifer Recharge Area Classification
(a) Aquifer recharge areas are classified as high, moderate, or low significance aquifer
recharge areas according to the following criteria:
Classification of Aquifer Vulnerability
Documentation and Data Sources
Vulnerability
Classification
High Vulnerability High significance aquifer recharge areas are areas with slopes of less
than fifteen percent(15%)underlain by coarse alluvium or sand and
gravel.
Moderate Vulnerability Moderate significance aquifer recharge areas are:
1. Areas with slopes of less than fifteen percent(15%)underlain by
fine alluvium,silt,clay,glacial till,or deposits from the electron
mudflow;and,
2. Areas with slopes of fifteen percent(15%)to thirty percent(30%)
underlain by sand and gravel.
Low Vulnerability Moderate significance aquifer recharge areas are:
1. Areas with slopes of fifteen percent(15%)to thirty percent
(30%)underlain by silt,clay,or glacial till;and,
2. Areas with slopes greater than thirty percent(30%).
28.24.040 Determination of Need for Aquifer Recharge Detailed Study
(a)The following information resources shall be utilized along with other documentation where
noted:
1. Studies from the United States Geological Survey;
2. City of Pasco Wastewater Facility Plan,Pasco,Washington;
3. Soil Survey for Franklin County(Conservation District).
(b)Requirements for High Significance Aquifer Recharge Area
An Aquifer Recharge Area Detailed Study shall be required for any activity occurring on or
adjacent to a site that is, or contains, a High Significance Aquifer Recharge Area if the activity
involves one or more of the following uses:
1. Hazardous substance processing or handling.
2. Hazardous waste treatment and storage facility.
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3. Disposal of on-site sewage for subdivisions, short plats, and commercial and industrial
sites.
4. Landfills.
28.24.050 Aquifer Recharge Area Detailed Study
When required as described in Section 28.24.040, a Aquifer Recharge Area Detailed Study shall
meet the following requirements:
1. The Detailed Study shall be prepared by a qualified consultant with experience in
preparing hydrogeologic assessments. Evidence of these qualifications shall be provided
with the Detailed Study.
2. The Detailed Study shall contain a map, of a scale no smaller than 1 inch=200 feet, of the
site and the extent of the High Significance Aquifer Recharge Area as determined by the
criteria in Section 28.24.020.
3. The Detailed Study shall contain a hydrogeologic assessment including, at a minimum:
A. Information sources;
B. Geologic setting;
C. Background water quality;
D. Location of, and depth to,water tables;
E. Recharge potential of the facility site;
F. Groundwater flow direction and gradient;
G. Currently available data on wells within one thousand(1,000)feet of the site;
H. Currently available data on springs within one thousand(1,000)feet of the site;
1. Surface water location and recharge potential;
J. Water source supply to the activity(e.g.,high capacity well);
K. Any sampling schedules necessary;
L. Discussion of the effects of the proposed project on the groundwater resource; and
M. Other information as may be required by the Town.
4. The Detailed Study shall include a mitigation plan detailing how the activity will offset any
impact on the resource and control risk of contamination to the aquifer.
28.24.240 Aquifer Recharge Area Detailed Study Special Exemptions
In addition to the exemptions listed in 28.12.040, Sewer lines and appurtenances.shall be exempt
from the requirement to prepare an Aquifer Recharge Area Detailed Study:
28.24.070 Performance Standards Basic Requirements
1. Any activity listed in Section 28.24.040 (b) may only be permitted in a High Significance
Aquifer Recharge Area if the Detailed Study documents that the activity does not pose a
threat to the aquifer system and that the proposed activity will not cause contaminants to
enter the aquifer.
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2. All activities located in an Aquifer Recharge Area shall minimize the creation of
impervious surfaces to the extent practicable without creating a greater risk to the aquifer
recharge area.
28.24.080 Storage Tanks
All Storage tanks located in an Aquifer Recharge Area must conform to the following
requirements. The following requirements shall be enforced by the person or agent acting in the
capacity of Fire Marshall for the Town'. The Washington Department of Ecology also regulates
and authorizes permits for underground storage tanks (WAC 1730360).
(a)Underground Tanks
All new underground storage facilities used or to be used for the underground storage of hazardous
substances or hazardous wastes shall be designed and constructed so as to:
1. Prevent releases due to corrosion or structural failure for the operational life of the tank;
2. Be protected against corrosion, constructed of noncorrosive material, steel clad with a
noncorrosive material, or designed to include a secondary containment system to prevent
the release or threatened release of any stored substances; and,
3. Use material in the construction or lining of the tank which is compatible with the
substance to be stored.
(b)Aboveground Tanks
No new aboveground storage facility or part thereof shall be fabricated, constructed, installed,used
or maintained in any manner which may allow the release of a hazardous substance to the soil,
groundwaters, or surface waters within an Aquifer Recharge Area.
No new aboveground tank or part thereof shall be fabricated, constructed, installed, used, or
maintained without having constructed around or under it an impervious containment area
enclosing or underlying the tank or part thereof.
New aboveground tanks will require a secondary containment system either built into the tank
structure or a dike system built outside the tank for all tanks located within an aquifer recharge
area.
Chapter 28.28
Flood Hazard Areas
Sections:
28.28.010 Classification
28.28.020 Designation
28.28.030 Regulation
28.28.010: Classification: Flood areas in the City of Pasco are classified as either one of two
types:
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(1)Floodway: Floodways are defined as the channel of a stream and adjacent land areas which are
required to carry and discharge the flood water or flood flows of any river or stream associated
with a regulatory flood.
(2)Flood Fringe: The flood fringe is defined as that land area which is outside of a stream's
floodway,but is subject to periodic inundation due to flooding, associated with a regulatory flood.
These flood areas have been delineated based on hydrologic and hydraulic studies completed by
the Federal Emergency Management Agency in 1981 as subsequently revised and amended. The
methodology and detail of these studies is accepted as the best available.
28.28.020: Designation:
(1)All areas within the City meeting the frequently flooded designation criteriain the Identification
and Delineation Manual, regardless of any formal identification, are hereby designated critical
areas and are subject to the provisions of this Title.
(2) The approximate location and extent of frequently flooded areas are shown on the adopted
Critical Areas Map (Exhibit 3, or the latest revision of this map). Maps from the Federal
Emergency Management Agency, as part of the National Flood Insurance Program (completed
May, 1981; last revised June 15, 1994), clearly delineate frequently flooded areas. The present
boundaries of the floodway and 100-year floodplain are those designated on the flood boundary
and floodway maps contained in the Federal Emergency Management Agency report entitled,
"Flood Insurance Study—City of Pasco, Washington" (completed May, 1981; last revised June 15,
1994) and areas of special flood hazard outlined on the City of Pasco Zoning Map.
28.28.030: Regulation: Title 16(Buildings and Construction) and Chapter 24.20(Flood
Hazard Protection) of the City of Pasco Municipal Code regulate proposed activities in all areas of
special flood hazards. If allowed, any structures permitted in the designated flood areas are subject
to the flood-proofing regulations provided in Title 15 and Chapter 24.20.
Chapter 28.32
Geologic Hazard Areas
Sections:
28.32.010 Purpose-Geologic Hazard Areas
28.32.020 Geologic Hazard Area Classification and Designation Criteria
28.32.030 Geologic Hazard Area Rating Criteria
28.32.040 Determination of Need for Geologic Hazard Area Detailed Study
28.32.050 Geologic Hazard Area Detailed Study Requirements
28.32.060 Performance Standards Minimum Requirements
28.32.070 Long-Term Mitigation and Restoration Standards
28.32.010 Purpose-Geologic Hazard Areas Geologic hazard areas pose a threat to the
health and safety of residents when incompatible development is sited in areas of significant
hazard. Such incompatible development may not only place itself at risk,but also may increase the
hazard to surrounding development and use. Some geologic hazards can be reduced or mitigated
by engineering, design, or modified construction or mining practices so that the risks to health and
safety are acceptable. When technology cannot reduce the risks to acceptable levels, development
in the hazard area is best to be avoided.
40
Geologic hazard areas within Pasco are those areas that are susceptible to significant erosion,
landslide, flood hazards, seismic hazards, and surface mine collapse hazards. All areas within the
City of Pasco meeting the criteria described in Section 28.32.020 for known or suspected risk or
unknown risk, regardless of the presence or lack of any formal identification as such, are
designated as critical areas and are subject to the provisions of this Title.
(a) Volcanic Hazards. The Growth Management Act requires that volcanic hazards be
addressed in local critical area regulations. However, since no volcanic hazards exist in the
Pasco area,no volcanic hazards regulations are needed.
(b) Flood Hazard Areas. Generally, areas subject to flood hazard conditions are regulated by
the Pasco Flood Plain regulations (PMC Title 24) which regulates those areas identified and
classified by the Federal Emergency Management Agency (FEMA) on their Flood Hazard
Boundary/Flood Insurance Rate Maps (FIRM).
28.32.020 Geologic Hazard Area Classification and Designation Criteria
(a) Geologic hazard area classification criteria are listed in the table below, along with the
source agencies that provide the guidelines for classification and designation:
Criteria for Classification of Geologic Hazard Areas
Hazard Area Classification and Designation Source
1. Erosion 1 Areas with soil type possessing erosion hazard of"moderate to NRCS
Hazard Areas. severe,""severe,"or"very severe."
(Classification based on both soil type and slope)
2. Landslide 1 Areas with slopes of thirty percent(30%)or greater slope and NRCS
Hazard Areas. with a vertical relief of ten (10)or more feet;
2 Areas with slopes steeper than fifteen percent(15%) NRCS
on hillsides intersecting geologic contacts with a
relatively permeable sediment overlying a relatively
impermeable sediment or bedrock where springs or
groundwater seepage is present;
3 Areas with slopes parallel or sub-parallel to planes of weakness NRCS
in subsurface materials(e.g., bedding planes,joint systems, and
fault planes);
4 Areas with slopes having gradients steeper than eighty percent NRCS
(80%)subject to rockfall during seismic shaking;
5 Alluvial fans or canyon bottoms presently or potentially subject NRCS
to inundation by debris flows or catastrophic flooding;
6 Areas that have shown movement during the Holocene epoch or NRCS
which are underlain or covered by wastage debris of this epoch;
7 Evidence of or risk from snow avalanches; NRCS
8 A"severe"limitation for building site development due to slope NRCS
conditions;
9 Areas of historic failure such as areas designated as quaternary USGS, Wash.-
slumps, earthflows, mudflows, lahars, or landslides on maps or DNR; or other
technical reports(e.g., topographic or geologic maps, or other government
authorized documents). agencies.
41
Criteria for Classification of Geologic Hazard Areas
Hazard Area Classification and Designation Source
3. Flood Hazard 1 Areas potentially unstable as a result of rapid stream incision, PMC Title 24
Areas. stream bank erosion, and undercutting by wave action shall be
addressed as a flood hazard.
4. Seismic 1 Areas subject to severe risk of damage from earthquake USGS, Wash.-
Hazard Areas. induced ground shaking or soil liquefaction and soil strength DNR; or other
loss, including lands designated as alluvium and recessional government
outwash surficial geologic units and areas located on or adjacent agencies.
to a Holocene fault line.
5. Mine Hazard 1 Mine hazard areas are areas directly underlain by, adjacent to or
Areas abutting, or affected by mine workings such as adits,tunnels,
drifts, or air shafts.
Abbreviations:
NRCS-U.S. Department of Agriculture, Natural Resource Conservation Service
USGS—United States Geological Survey
Wash-DNR—Washington Department of Natural Resources
28.32.030 Geologic Hazard Area Rating Criteria
(a) All areas within Pasco shall be classified by the following risk categories for each geologic
hazard type:
Rating of Geologic Hazard Risk
Risk Classification Documentation and Data Sources
Known or Suspected Risk Documentation or projection of the hazard by a qualified expert
exists.
No Risk Documentation or projection of the lack of a hazard by a
qualified expert exists.
Risk Unknown Data are not available to determine the presence or absence of
a geologic hazard.
28.32.040 Determination of Need for Geologic Hazard Area Detailed Study. A
Detailed Study of a geologic hazard area shall be required if the following indicators are present:
(a) If the project area is listed in the City of Pasco Critical Areas Map as possessing
either a Known or Suspected Risk for erosion, landslide, flood, seismic, or mine
hazard.
(b) If the project area is listed in the City of Pasco Critical Areas Map as possessing an
Unknown Risk for erosion, landslide, flood, seismic or mine hazard if any of the
following are identified by the Applicant or City:
(1) A qualified geologist finds that any of the following exist: evidence of past
significant events of the hazard in question on or adjacent to the site, the presence
of necessary and sufficient factors for events of the hazard in question on or
42
adjacent to the site, or reasonable uncertainty concerning the hazard the potential
for significant risk to or from the proposed activity; or
(2) The City Planner possesses a reasonable belief that a geologic hazard may exist.
Such reasonable belief shall be supported by a site visit and subsequent
consultation with a qualified geologist.
28.32.050 Geologic Hazard Area Detailed Study Requirements. The minimum
requirements for a Geologic Hazard Area Detailed Study include the following in addition to the
Basic Requirements identified in Sections 28.12.150
(a) Basic Requirements. A geologic hazard critical area Detailed Study shall meet the
following:
(1) The Detailed Study shall be prepared by a qualified professional engineer or
geologist. Evidence of qualifications shall be provided with the Detailed Study.
(2) A map, of a scale no smaller than 1 inch=200 feet, of the site and the extent of the
geologic hazard area as determined by the criteria in Section 28.32.020.
(3) An assessment of the geologic characteristics and engineering properties of the
soils, sediments, and/or rock of the subject property and potentially affected
adjacent properties, and a review of the site history regarding landslides, erosion,
and prior grading. The Study shall include a soils analysis consistent with the
accepted regional taxonomic classification system, and a description of the
vulnerability of the site to seismic events. Documentation of data and methods
shall be included.
(4) A geotechnical analysis including a detailed description of the proposed project, its
relationship to the geologic hazard(s), and its potential impact upon the hazard
area,the subject property and affected adjacent properties shall be included.
(5) A mitigation plan, if appropriate, prepared by a professional engineer or geologist
under the supervision of a professional engineer qualified to prepare a geologic
hazard area detailed study. The mitigation plan shall include a discussion on how
the project has been designed to avoid and minimize the impacts discussed in the
geotechnical analysis see mitigation standards provided in PMC 28.12.180. The
plan shall make a recommendation for the minimum building setbacks from any
geologic hazard based upon the geotechnical analysis. The plan shall also address
the potential benefit of mitigation on the hazard area, the subject property and
affected adjacent properties.
(6) Where more than one geologic hazard is within, adjacent to, impacts, or is
impacted by the activity site, then only one Detailed Study is required to be
completed to conduct a geologic hazard critical area review of the activity. The
report shall meet all of the requirements of each critical area type but may present a
unified mitigation plan.
(7) Where a valid geotechnical report has been prepared within the last five (5) years
for a specific site, and where the proposed land use activity and surrounding site
conditions are unchanged, said report may be incorporated into the Detailed Study.
43
The applicant shall submit a geotechnical assessment detailing any changed
environmental conditions associated with the site.
(b) Erosion and Landslide Hazard Areas. In addition to the Requirements of 28.32.050 (a), a
erosion hazard or landslide hazard area Detailed Study must also meet the following
requirements:
(1) The map shall depict the height of slope, slope gradient, and cross section of the
site. The site plan shall also include the location of springs, seeps, or other surface
expressions of groundwater. The site plan shall also depict any evidence of
surface or storm water runoff.
(2) A description of load intensity including surface and groundwater conditions,
public and private sewage disposal systems, fills and excavations and all structural
development.
(3) An estimate of slope stability and the effect construction and placement of
structures will have on the slope over the estimated life of the structure.
(4) An estimate of the bluff retreat rate that recognizes and reflects potential
catastrophic events such as seismic activity or a one hundred year storm event.
(5) An assessment describing the extent and type of vegetative cover.
(6) The geotechnical analysis shall specifically include:
A. Slope stability studies and opinion(s)of slope stability;
B. Proposed angles of cut and fill slopes and site grading requirements;
C. Structural foundation requirements and estimated foundation settlements;
D. Soil compaction criteria;
E. Proposed surface and subsurface drainage;
F. Lateral earth pressures;
G. Vulnerability of the site to erosion;
H. Suitability of on-site soil for use as fill; and,
I. Building limitations.
(7) Mitigation proposals shall include the location and methods of drainage, surface
water management, locations and methods of erosion control, a vegetation
management and/or restoration plan and/or other means for maintaining long term
stability of slopes.
(c) Flood Hazard Area. Flood Hazard Areas are addressed through the Pasco Flood Plain
regulations (Title 24). If evidence exists that the proposed development area is subject to
flood hazards that are not indicated on the City's Flood Hazard Boundary Maps, and site
characteristics do not warrant an erosion or landslide hazard Detailed Study, the City may
require additional analysis and preparation of a mitigation plan to determine if the site it
suitable for development.
(d) Seismic Hazard Areas. In addition to the Basic Requirements 28.32.050 (a), a Detailed
Study for a seismic hazard critical area shall also meet the following requirements:
(1) The site map shall show all known and mapped faults in the project vicinity.
44
(2) The geotechnical analysis shall include a complete discussion of the potential
impacts of seismic activity reasonably probable on the site (for example, forces
generated and fault displacement).
(e) Mine Hazard Areas. In addition to the Basic Requirements 28.32.050(a), a Detailed Study
for a mine hazard critical area shall also meet the following requirements:
(1) The site plan shall delineate the existence of mine workings adjacent to or abutting
the site, or nearby mine workings which may impact the site; and
(2) The geotechnical analysis shall include a discussion of the potential for subsidence
on the site.
(f) Volcanic Hazard Areas. Pasco is located in an area of minimal risk from Volcanic Hazard
Areas.
28.32.060 Performance Standards Minimum Requirements. This section describes
the minimum performance standard requirements for Geologic Hazard Areas
(a) Basic Requirements.
(1) Alteration of geologic hazard critical areas is permitted only if the development
proposal can be designed so that the hazard to the project and any increase of
hazard to adjacent property is eliminated or mitigated and the development
proposal on that site is certified as safe by a geotechnical engineer licensed in the
State of Washington.
(2) All proposals involving excavations and placement of fills shall be subject to
structural review under Chapter 33, Site Work, Demolition and Construction, of
the most current International Building Code.
(3) Essential public facilities as defined by RCW 36.70A.200 shall not be sited within
designated geologic hazard areas.
(b) Erosion and Landslide Hazard Areas. Activities on sites containing landslide or erosion
hazards shall also meet the following requirements:
(1) Alterations of the buffer and/or geologic hazard area may only occur for activities
meeting the following criteria:
(a) No reasonable alternative exists; and
(b) A geotechnical report is submitted and certifies that:
i. The development will not significantly increase surface-water
discharge or sedimentation to adjacent properties beyond pre-
development conditions;
45
ii. The development will not decrease slope stability on adjacent
properties; and
iii. That such alterations will not adversely impact other critical areas.
(2) A temporary erosion and sedimentation control plan prepared in accordance with
the requirements of the standard specification of City of Pasco.
(3) A drainage plan for the collection, transport, treatment, discharge and/or recycle of
water in accordance with the standard specification of City of Pasco.
(4) Surface drainage shall not be directed across the face of a landslide hazard
(including riverine bluffs or ravines). If drainage must be discharged from the
hazard area into adjacent waters, it shall be collected above the hazard and directed
to the water by tight line drain and provided with an energy dissipating device at
the point of discharge.
(5) All infiltration systems, such as stormwater detention and retention facilities, and
curtain drains utilizing buried pipe or French drain, are prohibited in landslide
hazard areas and their buffers unless a geotechnical report indicates such facilities
or systems or the failure of the same will not affect slope stability and the systems
are designed by a licensed civil engineer.
(6) A minimum standard buffer width of thirty (30) feet shall be established from the
top, toe, and all edges of landslide and erosion hazard areas. Existing native
vegetation shall be maintained. The buffer may be reduced to a minimum of ten
(10) feet when an applicant demonstrates the reduction will adequately protect the
proposed development, adjacent developments and uses, and the subject critical
area. The buffer may be increased by the City Planner for development adjacent to
a river bluff or ravine, or in other areas that circumstances may warrant, where the
City Planner determines a larger buffer is necessary to prevent risk of damage to
proposed and existing development as in the case where the area potentially
impacted by a landslide exceeds thirty (30)feet.
(7) On-site sewage disposal systems, including drain fields, shall be PROHIBITED
within landslide and erosion hazard areas and related buffers.
(8) Development designs shall meet the following basic requirements unless it can be
demonstrated that an alternative design which deviates from one or more of these
standards provides greater long-term slope stability while meeting all other criteria
of this Title. The requirement for long-term slope stability shall exclude designs
that require periodic maintenance or other actions to maintain their level of
function. The basic development design standards are:
A. Structures and improvements shall be clustered to retain as much open
space as possible and to preserve the natural topographic features of the
site.
B. Structures and improvements shall conform to the natural contour of the
slope and foundations shall be tiered where possible to conform to existing
topography.
C. Structures and improvements shall be located to preserve the most critical
portion of the site and its natural landforms and vegetation.
D. The use of retaining walls that allow the maintenance of existing natural
slope area is preferred over graded artificial slopes.
46
E. All development shall be designed to minimize impervious lot coverage.
(c) Flood Hazard Areas. Activities in flood hazard areas shall comply with the Flood Plain
regulations, Title 24.
(d) Seismic Hazard Areas. Activities on sites containing seismic hazards shall also meet
the following requirements:
(1) Mitigation is implemented which reduces the seismic risk to a level equivalent to
that which the activity would experience if it were not located in a seismic hazard
area.
(2) Seismic Hazards Areas. Structural development proposals shall meet all applicable
provisions of Chapter 16 of the 2003 International Building Code (Structural
Forces/Structural Design Requirements).
(3) No residential structures or Essential Public shall be located on a Holocene fault
line as indicated by USGS investigative maps and studies.
(e) Mine Hazard Areas. Activities on sites containing mine hazards shall also meet the
following requirements:
(1) Mitigation is implemented which reduces the risk from mine hazards to a level
equivalent to that which the activity would experience if it were not located in a
mine hazard area.
(f) Volcanic Hazard Areas. No additional requirements.
28.32.070 Long-Term Mitigation and Restoration Standards
(a) The mitigation plan shall specifically address how the activity maintains or reduces the
pre-existing level of risk to the site and adjacent properties on a long-term basis (equal to or
exceeding the projected lifespan of the activity or occupation). Mitigation techniques
providing long-term hazard reduction are those that do not require periodic maintenance or
other actions to maintain their function.
(b)Mitigation may be required to avoid any increase in risk above the pre-existing conditions
following abandonment of the activity.
(c) Any required restoration shall meet the long-term hazard reduction standards. In the case
of restoration, long-term shall be defined as the equivalent of natural function.
28.32.070 Long-Term Mitigation and Restoration Standards
Section 3. This ordinance shall be in full force and effect five days after passage and
publication as required by law.
PASSED by the City Council of the City of Pasco, at its regular meeting,this
day of ,2009.
47
Joyce Olson
Mayor
ATTEST: APPROVED AS TO FORM:
Sandy L. Kenworthy Leland B. Kerr
Deputy City Clerk City Attorney
48
CITY OF
LPAscopl,.
mill,
mill k,
- N -
--r
Legend
I Aquatic
Wetlands/Riparian
Steep Slope
Liquefaction Susceptibility Critical Areas
Urban Growth Boundary
NOTICE:NO WARRANTY OF ACCURACY.The in formatimt shown nn the attaehcd map was
ompiled for nse by the City of Pesw.its employees and eonsulmnts-The City of Pesw does
c ant the_ tt iy of anything set forth on mg map.Any person or entity requesting a copy f
should conduct en independent Inquiry regarding the Information shown on the map,including
but not limited to,the location of any property lines,zones,streets,subdivisions,or other
geographic fca,-,Such fcmures may or may not exist and may or may not exist at the location
shown.Neither the City of Peseo nor its employees or officers shall be liable for information
sh— on this map,nor for any oral reprcsentution provided based upon said map.
MEMORANDUM
DATE: February 10, 2009
TO: Planning Commission
FROM: Angela Pitman, Block Grant Administrator
Community& Economic Development
SUBJECT: Community Development Block Grant(CDBG)
Draft Neighborhood Stabilization Plan(NSP)
Backtround
Washington State Community Trade and Economic Development (CTED) Department has
been allocated $28,159,293 to establish and implement the Neighborhood Stabilization
Program (NSP) in Washington State. The NSP is authorized under Title III of the Housing
and Economic Recovery Act of 2008 (HERA) and administered by the US Department of
Housing & Urban Development (HUD) for the purpose of stabilizing neighborhoods
negatively affected by foreclosures and abandoned properties. Neighborhood Stabilization
Program(NSP) Eligible Uses are summarized in Exhibit A, attached.
Eligible projects must meet CDBG regulations (24 CFR 570.201) as well as the modified
national objectives of benefiting primarily low-middle income persons (24 CFR 570.208).
Recipients of the funding are required to target 25% of the allocation ($105,827) to benefit
persons of very low-income levels (below 50% the area median income of$61,200). Eligible
properties are those that have been abandoned or foreclosed upon. Eligible uses proposed in
the City of Pasco are as follows:
(A) Establish financing mechanisms for purchase and redevelopment for foreclosed upon
homes and residential properties.
(B) Purchase and rehabilitate homes and residential properties that have been abandoned or
foreclosed upon, in order to sell, rent, or redevelop such homes and properties.
(D) Demolish blighted structures.
The City of Pasco has been identified by CTED as an area of greatest need within the State
and will receive $402,141 of the funds as allocated in the Final NSP Distribution List
(Exhibit B) for the purpose of neighborhood stabilization. Formalized issuance of an
approved Annual Action Plan must be submitted to CTED by April 1, 2009. At the January
12, 2008 City Council Regular meeting, staff recommended the City accept the grant
opportunity (by letter), and conduct an inventory of abandoned/foreclosed houses to develop
a recommended action plan for Council consideration by March (for submission to HUD by
the April 1 deadline).
On January 6, 2009, a Request for Proposal was mailed directly to 11 local continuum of
care housing providers. On January 14, 2008, staff presented the NSP Request for Proposal
to the Benton Franklin Housing Continuum of Care at their regular meeting. Requests for
additional information were received from Domestic Violence advocates, Habitat for
Humanity, and Property Research Specialists, Inc.
One proposal was received by the January 23, 2009 deadline from Property Research
Specialists, LLC for $100,000 in funds for active foreclosure prevention activities
(Exhibit Q. The proposed activity would provide free consultation for anyone in danger of
foreclosure, and a money-back guaranteed fee would be charged for foreclosure mitigation,
payable only if mitigation efforts were successful. Proposed funding would pay for
foreclosure mitigation for low-moderate income persons. However, foreclosure prevention is
not an eligible activity for these special NSP funds, and housing counseling is only an
eligible activity in conjunction with purchase of a home. Certain education activities may
only be eligible under regular CDBG entitlement funding as a Public Service activity for
low-moderate income clientele. As a matter of policy, the City does not fund Public Service
activities per Resolution No. 1969. This proposal is, therefore, not recommended for funding
under this CDBG NSP grant.
Discussion
In response to the City's efforts to engage the community through the REP process, two
outside organizations that did not submit a proposal expressed interest in partnering with the
City for execution of the NSP Plan, Habitat for Humanity, CHDO recipient, and Kiemle &
Hagood Company, CHIP Program Manager. Based on discussions and a preliminary needs
assessment in Pasco, a cursory plan was formed covering following eligible activities.
Definitions and descriptions of terms used in the preparation of action plan are contained in
Exhibit D.
1) Acquisition/Rehabilitation for Resale ($300,000).
Through private and public partnerships, NSP funds will be used to purchase vacant
foreclosed homes at auction at 15% discount for an administrative fee. Purchased homes will
be rehabilitated or repaired as needed. The purchase price of the home shall not exceed the
cost to purchase and rehabilitate or repair the home. Volunteers are suggested to repair
homes requiring minor rehabilitation. Private contractors are suggested to rehabilitate homes
requiring major work. Suggestions to reduce the cost of rehabilitation include supporting
jobs programs that provide training and jobs for those living and working in distressed
neighborhoods. Populations served would range from middle-income (120% AMI) to very-
low income (50% AMI), and may include priority need populations. Very low income
populations may be served by homes purchased, rehabilitated and made available as eligible
rental housing. It is mandatory that 25% of funding ($106,000) be used to benefit those at
50% AMI or below. In Pasco, there is a need for rental housing for those at 40% or below
AML Special needs populations may be served by homes purchased, rehabilitated, and made
available to meet specific criteria (many bedrooms, ADA compliant, near critical services,
etc.).
2) Demolish Blighted Structures ($43,000)
Code Enforcement in the City of Pasco works diligently to keep the neighborhood free from
dangerous buildings that pose a threat to the public. It is estimated that approximately one
such building may be demolished to clear the way for redevelopment. Removing such a spot
blight would be a benefit to the area surrounding neighborhood.
3) Financing Mechanisms Assistance ($40,000)
Consumer Credit Counseling provides First Time Homebuyers classes to teach new
homebuyers the ins and out of purchasing a new home free of charge. This class is required
for anyone who receives direct financial assistance from NSP to purchase a home. In addition
to knowing how to purchase a home, new homebuyers need to know how to maintain their
home, and how to stay out of foreclosure. The City supports developing strategies with
HUD-approved counselors and their partners to address these needs for the citizens of Pasco.
NSP funds will not be used to provide housing counseling.
Homes may be sold directly or through an agency to those meeting the criteria of priority
needs population or to private individuals on a first-come, first-served basis. Capable non-
profit organizations, such as Habitat for Humanity, would qualify families for the homes, and
provide direct financial assistance. Program income received from the sale of the home
would go back into the CDBG NSP fund for another project. Program income may be used
for eligible projects until 2013. NSP funds will be used to provide direct financial assistance
for five units of housing for the benefit of approximately 15 individuals.
4) Program Administration($19,141)
Staff will administer the NSP Plan providing planning and oversight for eligible activities,
project monitoring, materials & publications, travel, training and other allowable costs and
fees reasonable and necessary for administration of the CDBG NSP. NSP funds up to
$20,000 may be used for program administration.
NSP Work Plan Summary
Activity Estimated Estimated Housing Individuals
Funds % Units Served
Purchase & Rehab: $194,000 49% 2 15
Rental or Homeowner
Targeted at below 50%AMI $106,000 25% 1
Demolish blighted structures $43,000 11% 1 — 80
Area Benefit
Financing Mechanisms: $40,000 10% 5 15
Down Payment Assistance
Program Administration $19,141 5% 9 110
Recommendation
Staff recommends that the attached Draft NSP Action Plan be forwarded to City Council for
discussion at the March 9, 2009 Workshop and for action at the March 16, 2009 Regular
meeting.
Motion: I move that the Neighborhood Stabilization Action Plan be forwarded to City
Council for review and adoption.
/arp
Attachments: 1) Exhibit A—NSP Eligible Activities
2) Exhibit B—Final NSP Distribution List
3)Exhibit C—Proposals Received
4) Exhibit D—Action Plan Definitions &Descriptions
NSP Eligible Activities Exhibit A
Neighborhood Stabilization Program Correlated CDBG Regulations Foreclosure Notes
NSP Eligible Uses Required?
(A)Establish financing mechanisms for • As part of an activity delivery cost for *This activity can contribute to 25%of
purchase and redevelopment of an eligible activity as defined in 24 NSP funds benefiting<50%AMI.
foreclosed upon homes and residential CFR 570.206. YES
properties, including such mechanisms as . Also,the eligible activities listed below NSP supersedes CDBG definition of
soft-seconds, loan loss reserves,and to the extent financing mechanisms are low/mod-income to include middle-
shared-equity loans for low-and moderate- used to carry them out. income at 120%AMI (LMMH)
income homebu ers.
(B)Purchase and rehabilitate homes and . 24.570.201 *This activity can contribute to 25%of
residential properties that have been (a)Acquisition NSP funds benefiting<50%AMI.
abandoned or foreclosed upon,in order to (b)Disposition, YES
sell,rent,or redevelop such homes and (i)Relocation,and Not required to BOTH purchase and
properties. (n)Direct homeownership assistance(as rehab property with NSP funds.
modified below);
0 570.202 eligible rehabilitation Must purchase below current appraised
and preservation activities for value. Cannot pay City levied tax.
homes and other residential Consider URA relocation payments if
activities for homes and other buying occupied property.
residential properties(HUD notes
that rehabilitation may include Cannot earn profit when selling to
counseling for those seeking to take individuals as primary residence.
art in the activity.)
(C)Establish land banks for homes that 24.570.201 Buy and hold abandoned or foreclosed
have been foreclosed upon. (a)Acquisition,and YES property in defined service area.
b Disposition Obligate to NSP use within 10 years.
(D)Demolish blighted structures. • 24.570.201 "Blighted"defined by CTED within
d Clearance for blighted structures only. NO context of state/local law.
(E)Redevelop demolished or vacant . 24 CFR.570.201 *This activity can contribute to 25%of
properties(including new construction of (a)Acquisition, NSP funds benefiting<50%AMI.
housing). (b)Disposition, NO
(c)Public facilities and improvements, Can redevelop such property as
(e)Public services for housing counseling, residential(owner or renter occupied)
but only to the extent that counseling or nonresidential(public park,
beneficiaries are limited to prospective commercial use,or mixed use). Parks
purchasers or tenants of the redeveloped must meet LMMA area benefit,
properties, commercial use must meet LMMJ job
(i)relocation, and creation,and shelter housing must
(n)Direct homeownership assistance(as meet LMMC limited clientele.
modified below).
o 204 Community based
develo ment organizations
Neighborhood Stabilization Program FR-5255-N-01 Revised 11/14/2008
*At minimum,25%of NSP funding must be used to purchase and redevelop abandoned or foreclosed homes or residential properties that will be
used to house individuals or families whose incomes do not exceed 50%AMI.
Intent of the Housing and Economic Recovery Act(HERA)
To quickly address needs of neighborhoods having the greatest impact from home foreclosures and subprime mortgage loans.
NSP National Objective(parallel with CDBG)
■ Low-and Moderate-Income benefit, as modified to 120% AMI. Cannot Use Slums/Blight and Urgent Community Need
NSP Income Eli ibility(Low-, Moderate-,and Middle Income Benefit)
• LMMH—Provide or improve permanent residential structures that will be occupied by a household whose income is< 120%AMI
• LMMA—Serve an area in which> 51%of residents have incomes< 120%AMI
• LMMJ—Create or retain jobs for persons whose household incomes are< 120%AMI
• LMMC—Serve a limited clientele whose incomes are< 120%AMI
Buying Property
• Property must be purchased at a minimum 15% discount from current market-appraised value averaged across all purchases.
• Appraisal establishing current market value and meeting URA guidelines is required within 60 days of final purchase offer.
• Cannot pay back taxes imposed by the City using City NSP funds.
Selling Property
• Sale to an individuals as primary residence, price can't exceed purchase,rehab, sales,closing,and delivery costs(excludes maintenance).
Must complete 8-hours homebuyer counseling and obtain mortgage complying with FDIC statement of policy for subprime loans.
• No sales price cap when selling property to an investor,developer,or nonprofit.
Rehabbing_Property
■ CTED sets rehab standards. No cost cap. Must meet LMMH. Green building,weatherization, and renewable energy improvements are OK.
Rental Property
■ Can buy, rehab,and build rental housing. NSP funded rental units must rent at 30%of 65%rent for min. affordability period.
Ineligible Uses of NSP Funds
• Demolish structures that are not blighted
• Projects having beneficiaries over 120%AMI
• Refinance, pre-foreclosure assistance,or any foreclosure prevention activity
• Purchase residential properties and homes that are not abandoned or foreclosed upon
Definitions:
• Foreclosed: mortgage or tax foreclosure is complete under state/local law and title transferred under foreclosure or transfer in lieu.
• Abandoned: Foreclosure proceedings initiated, no mortgage or tax payments made in 90 days, and property vacant for 90 days.
$28,159,293 to Washington State; $1,381,597 City of Spokane; $877,915 County of Spokane. Return program income to Treasury after 7/30/2013.
Neighborhood Stabilization Program FR-5255-N-01 Revised 11/14/2008
Final NSP Distribution List Exhibit B
Final NSP Distribution List
January 29, 2009
Jurisdiction Total Amount 25% of Funds to Less Than 5% Local
50% AMI - Minimum Amount Admin
Aberdeen $ 756,938 $ 199,194 $ 37,847
Centralia $ 391,315 $ 102,978 $ 19,566
Clark County $ 1,577,664 $ 415,175 $ 78,883
Everett $ 546,899 $ 143,921 $ 27,345
Federal Way $ 651,688 $ 171,497 $ 32,584
Ho uiam $ 448,918 $ 118,136 $ 22,446
Kelso $ 430,326 $ 113,244 $ 21,516
Kent $ 475,264 $ 125,069 $ 23,763
-King County $ 2,285,126 $ 601,349 $ 114,256
-Kitsap Count $ 671,745 $ 176,775 $ 33,587
Lace $ 356,065 $ 93,701 $ 17,803
Lakewood $ 626,793 $ 164,946 $ 31,340
Moses Lake $ 329,666 $ 86,754 $ 16,483
Pasco $ 402,141 $ 105,827 $ 20,107
Pierce County $ 4,692,761 $ 1,234,937 $ 234,638
Seattle $ 458,126 $ 120,560 $ 22,906
Shelton $ 943,998 $ 248,421 $ 47,200
Snohomish County $ 2,313,822 $ 608,901 $ 115,691
Spokane $ 1,085,281 $ 285,600 $ 54,264
-Spokane Count $ 689,625 $ 181,480 $ 34,481
Sunn side $ 622,508 $ 163,818 $ 31,125
Tacoma $ 3,083,548 $ 811,460 $ 154,177
To enish $ 252,351 $ 66,408 $ 12,618
Vancouver $ 802,767 $ 211,255 $ 40,138
Walla Walla $ 306,974 $ 80,783 $ 15,349
Wapato $ 257,900 $ 67,868 $ 12,895
Yakima $ 650,614 $ 171,214 $ 32,531
Yelm $ 640,505 $ 168,554 $ 32,025
State Totals $ 26,751,329 $ 7,039,823 $ 1,337,566
(Balance after 5% for (25% of total State Award -
State Administration) $28,159,293
Proposals Received Exhibit C
RECEIVED
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Property Research Specialists, LLC JAN
Home Retention Team `�' "Nirrr,EvELopMENr°Er
Karma Simons
Tony Brown
Loan Modifications, the People and the Economy
FORECLOSURE PREVENTION PROGRAM
Overview:
Foreclosure does not discriminate. The mortgage crisis issue affects everyone
no matter what economic bracket you fit in. The loss of a property has a trickle
up affect as well as a trickle down affect. In our opinion, most government
programs do not consider the big picture nor do they effectively use the
resources available to do the most good for the majority of the people. Programs
that focus on rehabbing abandoned properties is like shutting the gate after the
horse has run away. We need to keep people in those properties if possible and
we need to prevent the future inventory of foreclosed homes to hit the auction
block. That is where our program comes in. The economic repercussions of a
home lost in foreclosure is huge. (We address that in detail in #V below). This
also stabilizes the home values addressed in #V as well. The financial loss to
the lender as well as the borrower in this process drives the whole economy
down. This is where we can help.
Many of the people who are losing their homes actually have equity but cannot
use it because the Banks won't let them because they have damaged their credit.
Others may owe more than what their home is now worth. Our goal is to keep
the Distressed Homeowner in the home with a house payment that they can
afford. A loan modification adjusts the terms of their current mortgage without
need of a credit report, appraisal or any other costs besides our service.
I. Who we are.
A. Experienced Mortgage Loan Professionals
1. Founders of Property Research Specialists, LLC. March 2008
2. We are experienced with all of the Financial Resources
available on the Market and through the Banks Loss Mitigation
Programs.
B. We have worked with state and industry professionals to create a
compliant, EFFECTIVE program.
1. Work with Consumer Credit Counseling to offer support using
our program.
2. We not only stay educated, but we sponsor state approved
education classes to the professional community.
3. We speak to groups through company sponsored HR programs
4. We connect with Trustees and Attorneys on specific property
issues
C. We are licensed and bonded according to the Credit Organization
Services Act
D. We wrote a manual on our experience and process. We are educating
other industry professionals on our program.
II. Our experience [or...What we do]
A. Since Founding our Company in March 2008 we have prevented
foreclosure on 42 homes that were in default (primarily in Benton and
Franklin counties).
1. Negotiated new loan terms that provided a win- win, ie: a lower
payment for the homeowner and prevented a loss for the Bank if
they would have FC and auctioned the home.
2. Average savings to the homeowner in default 20-22K of
attorney fees and arrearages.
3. Savings to the lender averaged 42-50K per house.
$1,764,000-$2,100,000 in 9 months. (SEE #V for a
breakdown.)
4. Adjusting the terms of a loan can save any borrower tens of
thousands of dollars depending on the term of the loan and how
long the borrower owns it.
B. In 2008, we helped approximately 12 homeowners to modify their loan
terms before they were in default.
1. Uncalculated savings to homeowner over the term of their loan
and savings to the Bank as well.
2. 2009 has started with a huge influx of homeowners with loan
programs that are due to adjust in 2009.
III. Who we serve
A. All borrowers who are distressed or have the potential to become a
Distressed Homeowner. Anyone who faces economic hardship including
the following:
1. Loan terms set beyond their means at origination.
2. Employment changes
3 .Family (household) changes
a) Death/ birth
b) Medical
c) Divorce
d) etc.
4. Economic changes in general ex. Loss of investments
5. Changes in home values
6. Financing guidelines tightening up.
a)Cannot refinance to save own equity
B. We serve the lending community.
C. We serve the economy in general.
IV. The big picture.
A. Whether in a default situation or a non-default situation, all transactions
are Loan Modifications by our standard of reference
B. We specialize in foreclosures in our area as part of our community
responsibility and service. We have postponed the sale of homes as
little as 1 hour prior to their auction.
1. We have done modifications for little or no pay in real hardship
situations where families were going to lose their homes if we did
not intervene.
C. Potential borrowers needing modification who are not yet in fault will
make up the second wave of mortgage foreclosures yet ahead in 2009.
1.ARMS are going to adjust and cause defaults. The hybrid neg
am loans aka Option ARMs are going to adjust up dramatically
3. Increasing unemployment rate will cause foreclosures to
escalate.
D. The stage will be set for higher valued homes to foreclose.
1.An estimated 18 million homes to be lost in 2009 due to loans
adjusting. (CBS report on 60 Minutes)
2.Many of these are landlords. This will have a trickle down effect
to the low-income rental market.
V. What we work to accomplish.
A. We help borrowers stay in their homes.
1. The chances of a borrower qualifying for another home within a
minimum of 10 years after a foreclosure is slim to none. With the
harsh guidelines for lending tightening up- it would be fair to say a
good portion of these people may never own their own home again
with conventional lending.
2. The rental market is growing ever more
competitive and credit issues will make it difficult for these people to
find a rental place to live.
3. We work to give the borrower a fresh start with a manageable
mortgage
a)We work to preserve the homeowner's equity (investment)
in their home
b)We work to preserve the borrower's credit.
B. We help lenders cut their losses in a foreclosure scenario
1. When a home foreclosures it either
a) sells at auction
We estimate the lender to lose auction fees,
attorney fees, unpaid arrearages including taxes
and insurance. Instantly. Approximately 20K on
average.
If it is not purchased at the auction:
b) or returns to the lender as repossession.
We estimate the lender to lose the above fees in
addition to inspection fees, maintenance fees
(winterization and repairs), appraisal fee, real
estate listing fees (6% normal), carrying costs
which include but are not limited to taxes,
insurance and hold time. Average 35-50K per
house total added to the loan amount.
C. We work to establish accurate market values
1. A foreclosure property sold under market value
subsequently affects the value of comparable properties.
2. The inaccurate comparables used to calculate market values in
an area distort the value of all homes in the area. Not only do
people lose their invested value in the home, but many times
they are unable to refinance due to the deflated value of the
property verses the loan amount.
D. We work to establish damage control on our current economy.
VI. How effective are we?
A. We have helped approximately 98% of those who have come to us.
1. There are always new scenarios that we have not experienced.
Since our first few months on the learning curve, we have been
100% successful. We cannot guarantee results and results may
vary.
B. Our biggest challenge is getting the people to seek our assistance.
In 2008, Franklin County had 334 homes go into foreclosure.
202 were repossessed by the lender.
134 were either purchased or pulled out by the owner.
In 2008, Benton County had 524 homes go into foreclosure.
278 were repossessed by the lender.
296 were either purchased or pulled out by the owner.
C. Scenarios that we have not been able to help to date.
1. Those in an active bankruptcy
2. Those with have no household income
3. Those who have never made a payment
VII. What we charge.
A. Loan modifications are $1000.00 each property.
B. We guarantee our results with a money back guarantee.
1.We base our 'success' on the financial ability of the borrower to
handle the modified terms based on the financial information they
provide to us.
VIII. Implementation
A. We are all about Prevention and damage control.
1. Create homeowner awareness that there is legitimate help
available.
a) We have resources to tell us 4 months prior to the
auction of the homes
b) We try to promote publicity of the available
effective help. {We need to distinguish ourselves from the
massive amount of ineffective, uneducated, and fraudulent
offers going out to these people along with our own.}
2. Validation of worthiness
a) A large majority of the borrowers try to negotiate
something out with their lender only to be set up to fail again
or to be told they must default first. Many times they cannot
reach anyone at all who can help.
b) Many Attorneys and Consumer Credit Counselors are
unaware of what we can do and often suggest the borrower
file a bankruptcy.
3. We implement our loan modification program
a) We step in and establish a win-win workout for the
borrower as well as the lender.
4. We offer and encourage borrower education
a) We give accurate information for the future terms of the
modified loan and a realistic picture of the future
management options to the borrower
b) Hot line/ Free consultations/ Workshops
5. We sponsor state approved education to our Industry
Professionals
6. Our results are a permanent solution or the redirected path to a
permanent solution.
a)We deal with hardships that are temporary or permanent.
The resolution to each scenario is unique to the problem.
IX. Examples of what we can accomplish.
A. Scenarios of the files we have closed are available on request. The
names and details are private, however. We also can provide
testimonies in writing as well as in person.
Conclusion:
Our offer is to set our program into effect with financial support from our
local government. We need funding. With $100,000, we can save 100
potential homes with guaranteed success. That is HUGE. We can also
reach out to borrowers who are in crisis before they get to the default stage
and preserve their credit worthiness and the ability to manage their most
prized investment, their home.
Pasco just received $400,000 for the Neighborhood Stabilization Program.
This can only be used after the damage has been done- not on stopping the
wheels already in motion. It is always easier to fix the problem before it
occurs. The effectiveness of the resolve is in the number of people that
can be helped with less expense. Consider Kennewick's recent project.
(See attached article.)
$400,000 would mean 400 homes that never are lost. That is saving
homeowners — $8.81VI in losses. The lender saves $20,000,000 in losses if
the property repossesses. Applying this formula to the figures for Benton
and Franklin Counties in 2008, (see#VI), the figures are staggeringi
We would like to enable our community to set the bar for proactive
resolutions in this nationwide crisis. We have the program, we have the
experience and we have the desire.
Please consider allowing us to assist you in your efforts.
Thank you for your time,
Karma Simons and Tony Brown
r
4-bedroom 2-bath home
renovated by Kennewick for >r
sale to low-income Family
1. �l�v l4kY�b.n¢1
JOHN TRUMBO
s
HERALD s'rnr•b'W RITER
r�
The City of Kennewick has a deal for a
family that wants to buy a home for the
first time.
Yr
Not only is the four-bedroom,two-bath
home brand new,but the price also will be ' a a
only about$110,000.And city will ante up 'T , k
: 24,000 as a down payment with a zero-
interest payback rate on the city money.
The recently built 1,563-square-foot
house at 1002 E.Seventh Ave.is the first in
Kennewick's Infll Housing Program.The 4
city bought the lot,its condemned home 10'. � .
and piles of trash a little over a year ago.
After razing the old structure and Carol Evans,left,and narlene Mendoza,both Kennewick economic development employees,
removing the trash, the city hired local stand inside the newly built home that replaced a condemned house at the lot and Is being
contractor Ashley-Bertsch to build a offered to qualified low-income,first-time home buyers through a Kennewick neighborhood
replacement home of about the same size, revitalization program.
with the goal of selling it to a first-time, The city used$185,000 from the federal erty with new housing.
low-income buyer. Housing and Urban Development's HOME The new house has wall-to-wall carpet-
Thebuyer will have provide at least 2 program for the project,which included ing throughout, except in the laundry
percent of the purchase price to qualify buying the eyesore property for$30,000. room,bathrooms and kitchen.
Applicants must be Kennewick residents
and U.S.citizens or permanent resident 'All the neighbors are very happy,"said And it is 100 percent Energy Star effi-
Carol Evans,the city economic develop- cient,"said Evans.That means the windows,
aliens. insulation,heating and cooling systems and
The maximum annual income allowed is ment specialist who oversaw the project.
$34,650 for a one-person household or The infill program helps improve a neigh-
$44,550 for a family of four people. borhood by replacing condemned prop- See BUYER Page B2
hot water heater incorporate
the latest energy efficient , '
designs and materials.
Karen Bertsch said her fam-
ily's company has done more
than a dozen similar projects
older neighborhoods in '"
in g �•.
Pasco and Richland.This is the t ''i ! ,-� { r= I'
Iii:st for Kennewick. }, �jrY r a• a
"We like this kind of work,"
she said.
There is no garage because
there wasn't one before, but
the new home has a new con- 7 1i I r
crete parking pad that could be
271 c
converted into a covered or
enclosed parking shelter,
Evans said.
,
The improved lot also has
planting beds with shrubs and
freshly installed sod.
The new owner will be
selected by lottery from the
qualified applicants.
Darlene Mendoza, a city
7.
housing specialist, will help .. n r
people determine if they qual-
ify. One year ago,the city of Kennewick used grant money to buy and raze this house at 1002 E.Seventh Ave.
Applications can be viewed as part of a neighborhood revitalization program.
at the city website, www.ci.
kennewick.wa.us, through a Mendoza at 585-4431 or by 704 E.Seventh Ave.It is sched- able to another low-income
link called"Press Release"and e-mail to darlene.mendoza@ uled for a total rehabilitation qualified first-time buyer,she
must be received at city hall, ci.kennewickwa.us. from the inside-out, Evans said.
210 W.Sixth Ave.,by 4:30 p.m. Evans said the city is already said. It, too, will be updated
Friday,Feb.27. working on its next housing with the latest energy-efficient 1 Johf7 umbo:582-1529;
_ _....__......� :..An--Sort n noarhv hnmp at tpohnnlno'iPa and':made avail- itrumbo(a�trieitvheraldcom
Action Plan Definitions and Descriptions Exhibit D
Exhibit D
Neighborhood Stabilization Program
Washington State Proposal
Action Plan Definitions and Descriptions:
Blighted structure —A structure is blighted when it exhibits objectively determinable signs of
deterioration sufficient to constitute a threat to human health, safety, and public welfare in
context of local laws.
Affordable rent— The state NSP will adopt the HOME definitions of affordable rent and
affordability period in 24 CFR 92.252(a), (c), (e), and (f), adjusted for the Neighborhood
Stabilization Program's 50 percent and 120 percent target populations.
Continued Affordability — Rent and occupancy requirements for each NSP-assisted property
will be reinforced through the use of legal documents. Such documents include a contract,
covenant funning with the land and (as appropriate) a deed of trust and promissory note. The
covenant and deed are recorded. The covenant remains in place throughout the length of
commitment.
Rehabilitation Standards — The state NSP will follow the state HOME requirements for
property standards prior to occupancy, as stated in the state HOME Program Handbook and as
follows:
New Construction
• State and local code requirements; and
• Model Energy Code; Washington State energy code; and
• Handicapped accessibility requirements of the Fair Housing Act and Section 504 of
the Rehabilitation Act (i.e. projects of 5 or more units); and
• Site and Neighborhood Standards per 24 CFR Part 983.6(b).
Acquisition and/or Rehabilitation
• HUD's Section 8 Housing Quality Standards (HQS) as noted in 24 CFR 982.40; and
• All applicable local codes, rehabilitation standards, ordinances, and zoning
ordinances; and
• Handicapped accessibility requirements of the Fair Housing Act and Section 504 of
the Rehabilitation Act where applicable (i.e. projects of 5 or more units).
Discount required for property acquisition — The minimum discount will be 5% for each NSP
property. In addition, the average discount for the subgrantee jurisdiction's NSP portfolio of
properties will be 15%. By February 1, 2010, the state will assess whether the state's entire
NSP portfolio is meeting in the aggregate the average discount of 15%.
Financing Mechanism Interest Rates —To be established by each subgrantee jurisdiction and
reported to the state for each NSP-assisted financing mechanism activity.
Duration or term of assistance — To be established by each subgrantee jurisdiction and
reported to the state for each NSP-assisted activity.
Tenure of beneficiaries — The number of renters or homeowners benefiting will be established
by each subgrantee jurisdiction and reported to the state for each NSP-assisted housing activity.