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2015.10.26 Council Workshop Packet
AGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. October 26, 2015 Page 1. CALL TO ORDER: 2. ROLL CALL: (a) Pledge of Allegiance 3. VERBAL REPORTS FROM COUNCILMEMBERS: 4. ITEMS FOR DISCUSSION: (a) Irrigation, Reuse Facility and Fleet Division Presentation Presented by John Millan, Public Works Division Manager 3-78 (b) Solid Waste Agreement 79-81 (c) Design and Construction Management Services Agreement for City Hall Remodel Project 82-90 (d) Interlocal Agreement for Automatic Aid Response 91 -449 (e) Shoreline Master Program Adoption (MF# PLAN 2013-001) 450-459 (f) Amendment to Interlocal Agreement with City of Mesa for Municipal Court Services 5. MISCELLANEOUS COUNCIL DISCUSSION: 6. EXECUTIVE SESSION: 7. ADJOURNMENT. REMINDERS: 4:00 p.m., Monday, October 26, Ben -Franklin Transit Office — Hanford Area Economic Investment Fund Committee Meeting. (COUNCILMEMBER AL YENNEY, Rep.; SAUL MARTINEZ, Alt.) Page 1 of 459 Workshop Meeting October 26, 2015 7:30 a.m., Wednesday, October 28, 7130 W. Grandridge Blvd — Visit Tri -Cities Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN, Alt.) 7:30 a.m., Friday, October 30, Richland City Council Chambers — Hanford Communities Governing Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep., AL YENNEY, Alt.) This meeting is broadcast live on PSC -TV Channel 191 on Charter Cable and streamed at www.pasco-wa.2ov/psctvlive. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Page 2 of 459 AGENDA REPORT FOR: City Council October 7, 2015 TO: Dave Zabell, City Manager Workshop Meeting: 10/26/15 FROM: Stan Strebel, Deputy City Manager SUBJECT: Solid Waste Agreement I. REFERENCE(S): Proposed Comprehensive Solid Waste Collection Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: The proposed overall rate increase is 15.5% for the new contract. IV. HISTORY AND FACTS BRIEF: The City has contracted with Basin Disposal Inc. (BDI) (or its predecessor) to provide required solid waste collection and disposal services for more than 50 years. The most recent solid waste collection agreement was adopted in March 1993, though the agreement has been amended on several occasions since that time. The most recent amendment was made in 2008 with the implementation of a fuel surcharge. The most recent adjustment to underlying collection and disposal rates was made in 2006. The proposed draft agreement includes most of the pertinent terms from the current (1993) agreement and subsequent amendments. Some language has been updated to better reflect current conditions. Significant differences are as follows: The current agreement (as amended in 1997) provides for automatic rolling one- year renewal terms unless the City provides notice of non -renewal (30 -days prior to January 1), in which case the agreement will terminate seven years from the date of the notice. The proposed agreement provides for automatic, rolling one-year renewals of the 15 year term with notice of 90 -days required for non -renewal and Page 3 of 459 taking effect on the day before the anniversary of the commencement date, which is 15 years, following such notice. (The contractor has requested this term arrangement due to the significant capital investment required to serve the City.) The current agreement has provided for rate adjustments as required by BDI and approved by the City Council. The proposed agreement provides a basis for determination of solid waste rates (see, i.e., Section 6.3) for service charge adjustments, excluding fuel expense, annually and based on not to exceed 80% of CPI. Other adjustments may be made for fuel (as is currently the case for the "fuel surcharge") and for charges in tipping and disposal fees. The contractor may also request a change in rates based on the amount of solid waste collected, in the event that the City implements a recyclable materials or green waste program (see Sections 5.5 and 6.3.5). (The trigger for such an adjustment is a 5% or more change in volume as calculated per Appendix Exhibit D.) The proposed agreement includes, as a new provision, "Annual Rate Adjustment Cap" of 5% for all increases as outlined in Section 6.3.4. The proposed agreement continues to provide for the contractor to accept, at no cost, solid waste from the City for alley clean-ups, street sweeping and sewer debris. The tonnage is increased from the current 1,000 tons to 1,500 tons per annum and is indexed to growth in the City's solid waste stream, providing for incremental increases in the allowance (see Section 5.4 and Exhibit E in Appendix). BDI will continue to post a $50,000 performance bond and be subject to performance fees (liquidated damages) for failure to provide services in conformance with the contract (Sections 7.1 and 9.9). As in the current agreement, the City is entitled to enforce exclusivity provisions granted to the contractor, but is not required to enter into litigation to enforce the same. The contractor is granted a third party right of action to enforce such exclusivity provisions (Section 4.3). The current agreement does not fully address issues of compaction (the City recently addressed some similar issues in the PMC section on solid waste). The new agreement provides for specific service rates to address compacted waste (Section 4.28). The current agreement does not reflect the current practice and operation for the Household Hazardous Waste Program. The proposed agreement (Section 5.1.4) reflects the current operation of the program. The proposed agreement provides that the City can request service for curbside recyclable materials and/or green waste for residences consistent with the Franklin County Comprehensive Solid Waste Plan (Section 5.5). Upon the City's request, the contractor will prepare, within 90 days, a proposal for providing such services within the City. Under the proposed language, the qualifications for senior and low income discounts are more closely aligned with the City's criteria for discount rates for City utilities. V. DISCUSSION: While the overall rate increase, proposed to be effective January 1, 2016, amounts to Page 4 of 459 15.5%, due to a detailed cost of services analysis, rates will not increase uniformly. Overall, residential customers will pay 22% more with the most common rates affected as follows: Service Current Rate w/Tax Senior -64 Gal 6.25 Residential -96 Gal 15.00 Additional -96 Gal Cart 1.92 Proposed Rate w/Tax Change 9.22 47% 18.45 23% 1.90 (1.0%) Commercial customers will see an overall rate increase of 19.8%, while the industrial impact will be a decrease of 1.6%. The City Council established a committee to include Mr. Garrison, Mr. Hoffmann and Mr. Yenney to participate in contract discussions with staff and BDI. The committee has recently met on two occasions with staff and BDI officials to review the details of the proposed agreement. At its meeting of October 6, committee members recommended the agreement to the full Council for consideration. (Since the latest committee meeting, BDI has adjusted its proposed rate schedule slightly, from a total impact of 15.71% to the current 15.5%.) BDI representatives will be at the meeting to present their proposal, including rate schedule changes, and respond to questions from Council or members of the public. Page 5 of 459 COMPREHENSIVE SOLID WASTE COLLECTION AGREEMENT City of Pasco and Basin Disposal, Inc. 2015 Page 6 of 459 Table of Contents 1. RECITALS, AGREEMENT, DEFINITIONS.................................................................... 1 2. AMENDMENT AND REPLACEMENT OF THE ORIGINAL AGREEMENT .............. 1 3. TERM; AUTOMATIC EXTENSIONS.............................................................................. 1 3.1. Term...................................................................................................................1 3.2. Automatic Extensions........................................................................................2 4. SCOPE OF WORK............................................................................................................. 2 4.1. General Terms and Conditions..........................................................................2 4.2. City Service Area .................. 4.3. Sole and Exclusive Solid Waste Service Provider.............................................2 4.4. Annexation ............... 4.5. Unsafe Conditions at Pick -Up Locations...........................................................4 4.6. Hours/Days of Operation...................................................................................4 4.7. Employee Conduct.............................................................................................4 4.8. Disabled Persons Service...................................................................................5 4.9. Holiday Schedules.............................................................................................5 4.10. Inclement Weather and Other Service Disruptions...........................................5 4.11. 'Suspending Collection from Problem Customers..............................................5 4.12. Missed Collections.............................................................................................6 4.13. Schedule of Solid Waste Collection..................................................................6 4.14. Required Equipment and Signs on Vehicles; Maintenance of Vehicles and Equipment..........................................................................................................6 4.15. Residential Carts and Containers Inventory......................................................7 4.16. Ownership of Equipment...................................................................................7 4.17. Spillage..............................................................................................................7 4.18. Disruption Due to Construction.........................................................................7 4.19. Site Planning Assistance....................................................................................8 4.20. Safeguarding Public and Private Property.........................................................8 4.21. Company Name.................................................................................................8 4.22. Coordination between City and Contractor.......................................................8 4.23. Disposal Restrictions and Requirements...........................................................9 4.24. Disposal Site for Solid Waste............................................................................9 4.25. Adjustment of Service Level for Certain Customers.........................................9 Comprebensive Solid Waste Collection Agreement Page ii Page 7 of 459 5. G 4.26. Violation of Ordinance......................................................................................9 4.27. Public Information.............................................................................................9 Customer Service Office..................................................................................18 4.28. Compaction of Solid Waste.............................................................................10 Complaints.......................................................................................................18 SOLIDWASTE SERVICE.............................................................................................. 10 5.1. Residential Service...........................................................................................10 5.8. 5.1.1. Residential Customer Solid Waste Service......................................................10 COMPENSATION........................................................................................................... 5.1.2. Residential Carts..............................................................................................10 Basis for Determination of Solid Waste Service Rates...................................19 5.1.3. Senior, Low Income Discount.........................................................................11 Compensation for Solid Waste Services..........................................................19 5.1.4. Household Hazardous Waste Program............................................................13 Adjustment to Solid Waste Service Rates.......................................................19 5.2. Commercial Service.........................................................................................13 Annual Rate Adjustment..................................................................................19 5.2.1. Commercial Customer Solid Waste Service....................................................13 Adjustments to Tipping Fees and Disposal Fees.............................................20 5.2.2. Commercial Containers...................................................................................14 Fuel Expense Adjustments...............................................................................20 5.2.2.1 Container Types...............................................................................................14 Annual Rate Adjustment Cap..........................................................................21 5.2.2.2. General Terms and Conditions Applicable to Commercial Containers ........... 14 5.2.2.3. Additional Fees................................................................................................15 5.2.2.4. Customer -Owned Drop -Box Containers..........................................................15 5.3. Temporary Solid Waste Service Plans.............................................................16 5.4. Solid Waste Service to City Properties and Facilities.....................................16 5.5. Recyclable Materials and Green Waste...........................................................17 5.6. Miscellaneous Solid Waste Services...............................................................17 5.7. Customer Service.............................................................................................18 5.7.1. Customer Service Office..................................................................................18 5.7.2. Complaints.......................................................................................................18 5.7.3. Emergency Contact..........................................................................................18 5.8. Reports.............................................................................................................19 COMPENSATION........................................................................................................... 19 6.1. Basis for Determination of Solid Waste Service Rates...................................19 6.2. Compensation for Solid Waste Services..........................................................19 6.3. Adjustment to Solid Waste Service Rates.......................................................19 6.3.1. Annual Rate Adjustment..................................................................................19 6.3.2. Adjustments to Tipping Fees and Disposal Fees.............................................20 6.3.3. Fuel Expense Adjustments...............................................................................20 6.3.4. Annual Rate Adjustment Cap..........................................................................21 6.3.5. Solid Waste Disposal Cost Adjustment...........................................................22 Comprehensive Solid Waste Collection Agreement Page iii Page 8 of 459 Comprehensive Solid Waste Collection Agreement Page iv Page 9 of 459 6.3.6. Tax Additive..........................................................••.....•..................................22 6.3.7. Other Modifications....................................•................................................,...22 6.3.8. Changes in Impositions or Other Laws............................................................23 6.3.9. Termination by Contractor...............................................................................23 6.4. Billing for Solid Waste Services; Delinquent Accounts ..................................23 6.5. Delinquent Accounts and other Customer Defaults.........................................24 7. PERFORMANCE FEES, DEFAULT AND REMEDIES ................................................ 24 7.1. Performance Fees.............................................................................................24 7.2. Default and Remedies....................................................... ,,............................. 25 8. NOTICES ..........................................................................................................................25 9. INSURANCE AND BOND REQUIREMENTS.............................................................. 25 9.1. General Insurance Requirement.......................................................................25 9.2. Minimum Scope of Insurance ...................................• 9.3. Minimum Amounts of Insurance .................................................................... 9.4. Deductibles and Self -Insured Retentions.........................................................26 9.5. Other Insurance Provisions .............................................................................. 27 9.6. Acceptability of Insurers ... ...................................... ......................................... 27 9.7. Verification of Coverage .................. 9.8. Subcontractors..................................................................................................27 9.9. Performance Bond/Surety............................................................................27 10. GENERAL TERMS.......................................................................................................... 28 10.1. Indemnification................................................................................................28 10.1.1. Indemnify and Hold Harmless.........................................................................28 10.1.2. Notice to Contractor; Defense.........................................................................28 10.1.3. Industrial Insurance Immunity Waiver............................................................28 10.2. Transfer of the Contract...................................................................................29 10.2.1. Assignments, Subcontracts and Delegations...................................................29 10.2.2. Changes in Control..........................................................................................29 10.3. Legal................................................................................................................30 10.3.1 Laws to Govern/Venue....................................................................................30 10.3.2 Attorney Fees...................................................................................................30 10.3.3 Arbitration................•...............................•......,...............,......................,.........30 10.4. Compliance With Laws .................................................................................... 30 10.5. Non-Discrimination............................................................................. .........30 Comprehensive Solid Waste Collection Agreement Page iv Page 9 of 459 10.6. Permits and Licenses........................................................................................30 10.7. Relationship of Parties.....................................................................................31 10,8. Bankruptcy.......................................................................................................31 10.9. Right to Renegotiate or Amend.......................................................................31 10.10. Force Majeure..................................................................................................31 10.10.1 Force Majeure Events .................................................. ....31 10.10.2 Farce Majeure Occurrences of Non-Default...................................................32 10.11. Illegal Provisions/Severability.........................................................................32 10.12. Waiver..............................................................................................................32 10.13. Entirety.............................................................................................................32 Comprehensive Solid Waste Collection Agreement Page v Page 10 of 459 COMPREHENSIVE SOLID WASTE COLLECTION AGREEMENT This Comprehensive Solid Waste Collection Agreement ("Agreement") is made and entered into this day of , 20 ("Effective Date"), by and between the City of Pasco, a Washington municipal corporation (the "City"), and Basin Disposal, Inc., a Washington corporation ("Contractor"). RECITALS A. Contractor desires to provide, and has the experience, resources and expertise necessary, to perform solid waste collection services. B. Contractor currently provides solid waste collection service to the City under an agreement executed on March 15, 1993 (as amended, the "Original Agreement"), which will expire not sooner than December 31, 2022, C. The City and Contractor desire to amend and replace the Original Agreement in its entirety to recognize, among other things, the extensive, on-going capital investment made by Contractor to achieve and pass on to customers the cost savings from the efficiencies gained thereby. NOW, THEREFORE, in consideration of the mutual covenants, agreements and promises herein contained, the City and Contractor do hereby agree as follows: AGREEMENT 1. DEFINITIONS Capitalized terms used in this Agreement shall have the meanings given them in Exhibit A. 2. AMENDMENT AND REPLACEMENT OF THE ORIGINAL AGREEMENT Effective as of the Commencement Date, the Original Agreement is hereby amended and replaced in its entirety by this Agreement. 3. TERM; AUTOMATIC EXTENSIONS 3.1. Term The initial term of this Agreement ("Term") shall be for fifteen (15) years, commencing on '20 (the "Commencement Date"), and expiring on the day before the sixteenth (16th) anniversary of the Commencement Date (the "Expiration Date"). Comprehensive Solid Waste Collection Agreement Page 1 Page 11 of 459 3.2. Automatic Extensions On each anniversary of the Commencement Date, the Expiration Date shall automatically be extended by one (1) year unless either party has given ninety (90) days written notice of termination to the other party, in which case the Agreement shall terminate on the Expiration Date in effect as of the date of such written notice of termination. 4. SCOPE OF WORK 4.1. General Terms and Conditions Contractor shall collect, transport and dispose of all Solid Waste, Household Hazardous Waste and any other materials herein authorized, from each and every Customer within the Service Area pursuant to the terms and conditions of this Agreement. 4.2. City Service Area Contractor shall provide all of the services described in this Agreement to the entire City Service Area. 4.3. Sole and Exclusive Solid Waste Service Provider During the Term of this Agreement, Contractor shall be the sole and exclusive provider to manage, collect, transport and dispose of Solid Waste and Household Hazardous Waste, and, as applicable, to manage, collect, transport and process Recyclable Materials and Green Waste subject to a separate collection service requested by the City or the jurisdiction of the WUTC upon adoption of an appropriate jurisdictional overlay granting such authority to the WUTC, all as more particularly described in Section 5.5. herein, and any other materials authorized for collection pursuant hereto, within the City Service Area. When requested by Contractor, the City shall seek to enforce the rights the City has granted to Contractor hereunder; however, the City shall not be obligated to instigate litigation to protect the right of Contractor. Contractor may independently enforce its rights under this Agreement against third party violators, including but not limited to seeking injunctive relief, and the City shall use good faith efforts to cooperate in such enforcement actions brought by Contractor (without obligating the City to join any such litigation). Such efforts may include but not be limited to cease and desist letters, assistance with documenting violations and other activities. Notwithstanding the foregoing, the City shall enforce its municipal code in the ordinary course against any third parties providing unauthorized Solid Waste service. Any material discarded by a Customer for which it pays to collect, process and/or dispose of the material shall constitute "Solid Waste" subject to all terms and conditions of this Agreement. This Agreement will not apply to Solid Waste, Recyclable Materials, Green Waste, Household Hazardous Waste and Agricultural Processed Waste self hauled by the generator, or Careen Waste generated and hauled by private landscaping services. Comprehensive Solid Waste Collection Agreement Page 2 Page 12 of 459 4.4. Annexation If additional territory is added to the City through annexation or other means, Contractor shall make collections in such annexed areas in accordance with the provisions of this Agreement at the unit prices set forth in this Agreement, provided however, the remaining Term of this Agreement shall not be less than fifteen (15) years from the effective date of such annexation. If the City has given Contractor a notice of termination of this Agreement prior to such annexation, the annexed area shall not be added to this Agreement except with the written consent of Contractor, which may be withheld at the sole discretion of Contractor. If the annexed area is added to this Agreement, the parties shall execute an amendment to this Agreement consistent with the provisions of this section, including the replacement of Exhibit B depicting the City Service Area. If Contractor possesses a WUTC certificate or other franchise for Solid Waste collection in the annexed area at the time of annexation, the amendment of this Agreement to add the annexation area to the City Service Area shall be in lieu of the grant of a franchise pursuant to RCW 35.13.280 or RCW 35.A.14.900, as applicable, and Contractor shall waive and release its right to claim any damages or compensation from the City arising out of the cancellation of any pre-existing permit, certificate or franchise held by Contractor prior to annexation, and further specifically waives the right to receive any additional compensation or any rights of collection in the newly - annexed territory beyond what is provided herein. Subject to the provisions hereof, Contractor acknowledges that its certificate applicable to those future annexation areas shall be cancelled effective the date of annexation by the City. If a party other than Contractor holds the WUTC certificate for any such future annexed territory, the City shall work with such party in good faith using commercially reasonable efforts to provide for the timely termination of such party's right to provide Solid Waste collection service to the subject annexation area. Upon termination of such party's right to provide Solid Waste service to said annexation area, the parties shall cause the subject annexation area to be added to the City Service Area as provided above and subject to the terms and conditions of this Agreement. The City will indemnify, hold harmless and defend Contractor from any and all claims, actions, suits, liabilities, losses, costs, expenses and damages, including costs and attorney fees, asserted by such parties providing solid waste collection service arising from Contractor's service in such annexed territory pursuant to this Agreement. The City acknowledges that Contractor shall require a reasonable amount of time to secure the necessary equipment, including but not limited to vehicles, Residential Carts and Containers, to service the annexed area, and shall not penalize Contractor for reasonable delays in the provision of services to annexed areas covered by this Agreement due to procurement delays that are not within the commercially reasonable control of Contractor. Customers within the annexed area shall receive the Residential Carts and Containers described herein in accordance with the provisions of this Agreement. In the event that an annexed area is being serviced with Residential Carts and Containers different from the City's program, Contractor shall be responsible for timely Customer notification and removal of the existing Residential Carts and Comprehensive Solid Waste Collection Agreement Page 3 Page 13 of 459 Containers and delivery of appropriate Residential Carts and Containers within a reasonable time. 4.5. Unsafe Conditions at Pick -Up Locations If, in Contractor's commercially reasonable discretion, a Customer is located in an area that does not permit safe access, turn -around or clearance for Contractor's vehicles, Contractor shall provide Solid Waste service to such Customer provided the Customer sets out its materials adjacent to the nearest Public Street or Private Road allowing such safe access and Contractor is provided with reasonable advance notice of such location. Contractor shall use commercially reasonable efforts to work with such Customer to determine a safe location in compliance with applicable law. If Contractor in its commercially reasonable discretion determines that a Private Road cannot be safely negotiated or that providing drive-in service for Residential Customers shall be impractical due to distance or unsafe conditions, Contractor and the City shall evaluate the on-site conditions and make a determination of the best approach for providing Solid Waste service to the affected Residential Customers. Contractor and the City shall present feasible service options to the Customers concerning the nearest safe and mutually convenient pick-up location. If Contractor believes that its vehicles shall cause damage to a Private Road in the ordinary course of operation, Contractor may withhold Solid Waste service from the respective Customers until such Customers provide a damage waiver agreement to Contractor. 4.6. Hours/Days of Operation Contractor shall make Solid Waste collections from Single -Family Residences, Multi - Family Complexes and Mixed -Use Buildings on Monday through Friday between the hours of 7:00 a.m. and 6:00 p.m., provided, however, that the City may authorize from time to time temporary extensions or written exemptions of the collection period to accommodate the special needs of Customers, provided further however, that Contractor may conduct from time to time Solid Waste collections on Saturdays to the extent necessary to make up missed collections. Contractor shall make Solid Waste collections from non -Residential Commercial Customers on Monday through Friday between the hours of 5:00 a.m. and 6:00 p.m. provided, however, the City shall have the authority to notify the Contractor of which Commercial areas are located near Residential zoned areas, and shall be subject to the Residential collection hours. 4.7. Employee Conduct Contractor shall require its employees at all times on routes to be courteous, refrain from making loud, inappropriate or obscene language, exercise due care, perform their work efficiently and expeditiously, and avoid damage to public or private property. Contractor shall further require its employees to use only that portion of private property reasonably necessary to complete their duties, and to the extent reasonably possible, stay within regular pedestrian walkways and paths and avoid crossing flower beds and hedges. Contractor's employees shall wear reasonably clean and presentable clothing while on Comprehensive Solid Waste Collection Agreement Page 4 Page 14 of 459 their routes. If the City gives written notice to Contractor of any employee of Contractor failing to comply with the above requirements, Contractor shall use commercially reasonable efforts to remedy the issue as soon as possible, including temporarily or permanently removing such employee from all further performance of the work described in this Agreement. 4.8. Disabled Persons Service Contractor shall provide, at no additional expense, carry -out service of Solid Waste to those Residential Customers that suffer from a documented disability that prevents them from placing a Residential Cart at the Curb. The Residential Customer shall provide Contractor with verifiable information and complete the appropriate documentation prior to such service being provided. Contractor's criteria for carry -out service shall comply with all local, state and federal regulations, and shall be subject to the City's review and approval prior to program, implementation. 4.9. Holiday Schedules Contractor shall provide regular Residential and Commercial collection services on all weekdays, Monday through Friday inclusive, regardless of any holidays that may be observed. Drop -Box Container collection service shall not be performed on New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas. 4.10. Inclement Weather and Other Service Disruptions If, in Contractor's commercially reasonable discretion, weather or other route conditions pose a danger to the public, Contractor's employees or equipment, Contractor shall provide Solid Waste service only to those portions of the City Service Area that do not pose such a danger. Contractor shall provide the City within a reasonable time after such event Contractor's plans to make up missed Solid Waste collections. Unless the City gives Contractor written notice of the City's objections to such plans, Contractor may perform limited Solid Waste collection services after 6:00 pm and/or on Saturdays following disruptions in order to make up missed collections. 4.11. Suspending Collection from Problem Customers The City and Contractor acknowledge that, from time to time, some Customers may cause disruptions or conflicts that make continued service to that Customer unreasonable. Those disruptions or conflicts may include, but not be limited to, repeated damage to Residential Carts or Containers, repeated refusal to position Residential Carts or Containers properly, repeated suspect claims of timely set -out followed by demands for return collection at no charge, and repeated claims of damage to the Customer's property. Contractor shall make every reasonable effort to provide service to those problem Customers. However, Contractor may deny or discontinue service to a problem Customer if reasonable efforts to accommodate the Customer and to provide services fail. If the Customer submits a written letter to the City appealing Contractor's decision, the Comprehensive Solid waste Collection Agreement Page 5 Page 15 of 459 City may, in its sole discretion, intervene and attempt to mediate a resolution in the dispute. The City may also require the denial or discontinuance of service to any Customer who is abusing the service or is determined to be ineligible. 4.12. Missed Collections If Contractor fails to collect Solid Waste from a Customer without permissible excuse therefore, Contractor shall provide such service to the Customer within a reasonable time, but in no event later than 6:00 P.M. of the business day following Contractor's receipt of notification of the missed pick-up. Contractor shall maintain a record of all missed collections reported by Customers (whether reported by telephone or e-mail) and Contractor's corrective action. If a Residential Cart or Container is set out inappropriately, improperly prepared or contaminated with unacceptable Solid Waste, Biomedical Waste or Hazardous Waste, Contractor shall not be obligated to collect the materials from such Residential Cart or Container. Contractor shall place a notification tag on such Residential Cart or Container that identifies the specific reason for not collecting the Solid Waste, and maintain a record of such missed collections. If Contractor is requested by the Customer to make a return trip due to no fault of Contractor, Contractor shall be permitted to charge the Customer an additional fee for this service at the rate specified in the rate schedule attached hereto as Exhibit C ("Rate Schedule"). 4.13. Schedule of Solid Waste Collection Contractor shall perform Solid Waste services for each respective Residential Customer pursuant to a regular schedule on the same day and as close to a consistent time as possible; Contractor may vary, in its discretion, the collection routes and schedules for Commercial Customers. Contractor shall provide dispatch service and equipment capability to collect full Drop -Box Containers no later than the second (2nd) business day after the Customer's request. Contractor shall indicate, on a detailed map acceptable to the City, the day of the week Solid Waste shall be collected from each Residential Customer. Contractor may change the day of collection from time to time by giving the City and the affected Residential Customers at least fifteen (15) days prior written notice of the different collection date. 4.14. Required Equipment and Signs on Vehicles; Maintenance of Vehicles and Equipment Contractor shall cause each of its vehicles to display the vehicle's inventory number and customer service telephone number in lettering not less than four (4) inches high and clearly visible from a minimum distance of twenty (20) feet, together with appropriate safety markings, including all highway lighting, flashing and warning lights, clearance lights, and warning flags in accordance with applicable laws. Contractor shall equip each route, service and supervisory vehicle with properly licensed two-way communication equipment capable of communication throughout the entire City Service Area with a base station maintained by Contractor. In addition, Contraction shall cause all vehicles to Comprehensive Solid Waste Collection Agreement Page 6 Page 16 of 459 carry regularly -maintained and fully -functional spill kits, including absorbent pads or granules, containment booms, storm drain covers, sweepers and other similar materials sufficient to contain, control and, for minor events, appropriately clean-up spillage or release of wind-blown materials, litter, or leaks of fluids or leachate from the vehicle. Spill kits shall also include Contractor's spill response procedure, which procedure shall be developed as provided in Section 4.17. Contractor shall cause all vehicles and equipment to be maintained in good operating condition at all times. In addition, Contractor shall maintain its vehicles to ensure that no liquid wastes (such as Solid Waste leachate) or oils (lubricating, hydraulic or fuel) to be discharged from, the vehicles except to appropriate facilities. Contractor shall regularly clean and wash thoroughly all vehicles used in the collection of Solid Waste. Contractor shall cause its vehicles to be repainted from time to time as needed to maintain a clean and professional appearance. 4.15. Residential Carts and Containers Inventory Contractor shall procure and maintain a sufficient quantity of Residential Carts and Containers to service the City's Customer base, including for seasonal and economic variations in the demand for Residential Carts and Containers. 4.16. Ownership of Equipment All vehicles, facilities and property used in performance of work under this Agreement shall be owned or leased by Contractor. The City shall have no obligation to provide equipment, facilities or personnel in connection with Contractor's duties hereunder. 4.17. Spillage Contractor shall cause any blowing or spillage of Solid Waste, or leachate from Contractor's vehicles, to be cleaned up immediately by Contractor's employees. For any spill of leachate requiring more equipment or treatment other than the spill kits carried on a collection vehicle, Contractor shall promptly notify the City of such event. Contractor shall develop and submit to the City for its review a spill response procedure, and shall incorporate any commercially reasonable comrnents that the City provides. The spill response procedure shall include a list of emergency contacts, which shall be reviewed annually and updated as necessary. 4.18. Disruption. Due to Construction If a Public Street is under construction such that the work interferes with Contractor's services, Contractor shall use commercially reasonable efforts to account for such interruption to permit the prudent and safe collection of Solid Waste from affected Customers. Comprehensive Solid Waste Collection Agreement Page 7 Page 17 of 459 4.19. Site Planning Assistance The City shall, as part of its permitting process, cause written notice to be given to Contractor of any development permit application containing plans for the construction of a new or substantially remodeled building or other permanent structure, where commercial container service is contemplated for solid waste, so that Contractor may provide, but has no obligation to do so, written comments concerning Contractor's ability to access Containers and provide safe and efficient collection services to such property. Upon request and at standard rates determined from time to time by Contractor, Contractor shall provide site planning assistance to property owners or their representatives. The site planning assistance shall be available for all new construction or remodeling of buildings and structures within the City Service Area, and shall address the design and planning of Solid Waste removal areas and their location upon the site. Contractor shall provide its assistance for optimizing loading docks, enclosures, compactor equipment and other similar structures or areas, provided however, that such site planning consultation service shall be made without warranty and without liability of any sort, and Contractor may require a commercially reasonable waiver to such effect prior to giving such site planning assistance. 4.20. Safeguarding Public and Private Property Contractor shall use commercially reasonable efforts to avoid causing damage to any public and private improvements, facilities and utilities whether located on public or private property. if such improvements, facilities, utilities or Curbs are damaged and such damage is due to the negligence or intentional misconduct of Contractor, Contractor shall notify the City immediately in writing of such damage. If such damage is of a type not ordinarily suffered or in excess of normal wear and tear caused by vehicles operated by Contractor, Contractor shall either repair such damage, if practicable, or reimburse the City for the reasonable cost of repairing such damage, which cost shall be the cost of restoring such property to the condition immediately prior to such damage. 4.21. Company Name Contractor shall not use a trade name containing any words that implies Contractor is operated or owned by the City. 4.22. Coordination between City and Contractor Within a sixty (60) days time after receipt of written request of either party, the other party shall meet at the City's offices to resolve any operational issues with Contractor's services. Contractor shall provide the City with access to Contractor's route and Customer service data, billing information, safety records, equipment, facilities and other applicable items, and the City shall provide Contractor with access to the City's records applicable to the issue. Comprehensive Solid Waste Collection Agreement Page 8 Page 18 of 459 4.23. Disposal Restrictions and Requirements Except as expressly provided herein, Contractor shall not knowingly or negligently collect, transport or dispose of Hazardous Waste or Biomedical Waste, and shall have no responsibility for such waste. Contractor shall not be required to collect Hazardous Waste, Biomedical Waste or any other materials that are either restricted from disposal or would pose a danger to Contractor's collection crews. If materials are rejected for this reason, Contractor shall leave a written notice with the rejected materials listing why they were not collected and providing the Customer with a contact for further information about proper disposal options. The Customer shall remain responsible for all costs associated with handling and disposal of such materials inadvertently collected by Contractor. 4.24. Disposal Site for Solid Waste Contractor shall deliver all Solid Waste to an appropriate disposal site operated by Contractor or such other disposal site or sites that satisfy applicable state regulations. Contractor shall provide the City with a list of the disposal sites being used by Contractor. 4.25. Adjustment of Service Level for Certain Customers If Contractor in its commercially reasonable discretion determines that a Residential Customer is generating quantities or types of Solid Waste different from a typical Residential Customer, Contractor shall notify City of the same. Within thirty (30) days of Contractor's notice, City shall determine if the Residential Customer maintains a commercial enterprise from the Residence, for example by determining if a business license has been issued declaring the business address to be same as the Residence, and should be served by a commercial Solid Waste service plan. If City determines that the customer is operating as a commercial enterprise, said Residential Customer's service shall be revised to the appropriate commercial service most closely approximating the service required by the affected Customer, as determined by Contractor. 4.26. Violation of Ordinance Contractor shall promptly give written notice to the City of any observed violations of the City's ordinances concerning the containerization, collection, transport and disposal of Solid Waste. 4.27. Public Information The City may develop, at its expense, public outreach and education programs concerning the reduction of Solid Waste, the recycling of Recyclable Materials, any other programs concerning Solid Waste service within the City Service Area, including the mandatory Solid Waste collection requirements for all Customers in the City Service Area. Contractor shall cooperate in good faith with the City to design and distribute promotional materials to Customers throughout the City Service Area. Comprehensive Solid Waste Collection Agreement Page 9 Page 19 of 459 4.28. Compaction of Solid. Waste If any Commercial Customer should deposit into its Container a substantial amount of compacted Solid Waste, or any other Solid Waste that has been subjected to a process modifying its composition or nature resulting in the reduction of its volume because of an increase in density, Contractor may assess against such Commercial Customer an additional charge equal to the difference in compacted and uncompacted Solid Waste service rates set forth in the Rate Schedule. 5. S®LII) WASTE SERVICE 5.1. Residential Service 5.1.1. Residential Customer Solid Waste Service Contractor shall collect, transport and dispose of Solid Waste from all Residential Customers within the City Service Area, provided that the Solid Waste is properly contained in Residential Carts supplied by Contractor and set out for collection at the Curb on or abutting Public Streets or Private Roads, together with any additional Solid Waste contained in appropriate bins, bags, cans or other receptacles that could not be placed in the Residential Carts. In addition, Contractor shall collect an unlimited number of Solid Waste Units that are properly set out by a Residential Customer adjacent to its Residential Cart. Contractor's collection of Solid Waste placed outside of the Residential Cart shall be at no additional cost unless the materials could reasonably have been placed in the Residential Cart. Each Unit of Solid Waste not provided in this manner for collection shall be subject to a special pickup charge as provided in the Rate Schedule. Contractor shall also dispose of passenger vehicles tires, but not truck or tractor tires, from Residential Customers. If, in Contractor's commercially reasonable discretion, Contractor determines that a Residential Customer is disposing of passenger vehicle tires in excess of four (4) per year, Contractor may assess the affected Residential Customer a charge for tire disposal in accordance with the rate set forth in the Rate Schedule. 5.1.2. Residential Carts Contractor shall provide each Residential Customer within seven (7) business days of the Customer's request with a 96 -gallon Residential Cart, provided however, that qualifying Residential Customers may request the use of a 64 - gallon Residential Cart as described in Section 5.1.3. Residential Carts shall be rodent and insect proof, and equipped with functional wheels or rollers. Contractor shall maintain all Residential Carts in good condition without any jagged edges or holes. If Contractor's employees note any damaged hinges, holes, poorly functioning wheels or other conditions requiring repair, Contractor shall repair, at its sole cost, such condition without need of request from the Customer. Contractor shall repair the Residential Cart within seven (7) business Comprehensive Solid Waste Collection Agreement Page 10 Page 20 of 459 days of request or notice of a condition requiring repair, or provide a temporary Residential Cart as necessary. Contractor shall replace, at its sole cost, any Residential Cart that is damaged or missing on account of accident, act of nature or the elements, fire, or theft or vandalism by other members of the public within three (3) business days. Contractor may provide replacement Residential Carts that are new or used and reconditioned, provided such Residential Carts are clean and presentable. Contractor shall collect and dispose of damaged and unusable Residential Carts. If, in Contractor's commercially reasonable discretion, Contractor has to replace or repair a damaged Residential Cart as a result of excess wear and tear or otherwise the result of the negligence or intentional misconduct by the Residential Customer, Contractor may charge the Residential Customer a replacement fee for such Residential Cart at the rate set forth in the Rate Schedule. Residential Customers shall be responsible for the cleaning of their Residential Carts. Residential Carts placed for collection shall not weigh in excess of one hundred - twenty (120) pounds for the 64 -gallon Residential Cart or one hundred -eighty (180) pounds for the 96 -gallon Residential Cart. 5.1.3. Senior, Low Income Discount Contractor shall provide Solid Waste service to those Residential Customers qualifying for the senior, low income discount rate set forth in the Rate Schedule upon the same terms and conditions set forth in section 5.1.1 and Section 5.1.2, except that such qualifying Customers shall be provided with one 64 -gallon Residential Cart, and such Residential Customers shall be limited only to the use of such Residential Cart for the disposal of Solid Waste. Each Unit of Solid Waste not placed within such Residential Cart for collection shall be subject to additional pickup charges at the rate set forth in the Rate Schedule. If a senior, low income Residential Customer sets out more Solid Waste than may be contained in a 64 gallon Residential Cart on two or more occasions in any calendar year, Contractor may at any time thereafter cause such Residential Customer to change to the Unlimited Residential Customer service plan at the applicable service rate set forth in the Rate Schedule. Prior to Contractor providing such discounted service, the City shall give written notice to Contractor that the senior, low income Residential Customer has certified each of the following conditions to the City, and that the City has verified to the extent reasonably possible, as being true and correct: (i) The Residential Customer is a single occupant of or the head of a household all of whose members have combined annual income from all sources that is not greater than the United States Federal Poverty Level. Such poverty level shall be determined by the "Very Low Income Limits" and updated annually by the City; and Comprehensive Solid Waste Collection Agreement Page 11 Page 21 of 459 (ii) The Residential Customer must be the customer of the solid waste service and must be directly responsible for the payment of the solid waste bill; and (iii) The Residential Customer is the fee simple owner, or the primary tenant named on the lease, of a Single Family Residence and has resided at such location for a period of not less than ninety (90) consecutive days and must intend to remain at such place; and (iv) The Residential Customer is at least sixty-two (62) years of age or older; and (v) The Residential Customer shall state on oath that the one (1) 64 gallon Residential Cart shall be adequate to meet the requirements of the Residential Customer without creating a public nuisance or a public health hazard; and (vi) The City may require the person demonstrating satisfactory proof for a house hold that qualifies for the rates set forth in this section to make an updated application at any time. `Head of the household" means the person owning or having control of the dwelling unit. In the case of a husband and wife, either person shall be considered the "head of the household"; and (vii) The Residential Customer has filed the appropriate application under oath with the City that the Residential Customer shall inform the City in writing if there is any change in the household's status as it relates to the requirements set forth in (i) — (vii) above, and acknowledges the City may require an updated application at any time. The City shall, from time to time but not more than once per month, provide Contractor with a list of the Residential Customers that have satisfied the above conditions and qualified for the applicable discount rate, which discount rate shall go into effect for the subject Residential Customers not later than thirty (30) days after the date of such written notice from the City. Contractor may terminate such discounted service if and when Contractor or the City has a reasonable belief that such Residential Customer no longer qualifies for such discounted service. The City upon its own volition, or within thirty (30) days of receipt of Contractor's written notice, shall use reasonable due diligence to determine if such Residential Customer continues to qualify for such discounted service. If the qualifying Residential Customer loses such status, Contractor shall provide written notice to the Residential Customer and the service rate for Unlimited Residential Service shall be assessed for the first Solid Waste service occurring after the date of such written notice. Comprehensive Solid Waste Collection Agreement Page 12 Page 22 of 459 5.1.4. Household Hazardous Waste Program Contractor shall accept Household Hazardous Waste from Customers residing in Residences within the City Service Area whose accounts with Contractor are in good standing. Contractor shall comply with all applicable State of Washington statutes and regulations including, but not necessarily limited to, Department of Ecology guidelines and permit requirements. At least once per week on a day approved by the City for a minimum of eight (8) consecutive hours, Contractor shall accept without charge Household Hazardous Waste at a facility properly licensed and approved by the City to receive such materials. Contractor may also accept, but has no obligation to do so, other hazardous waste from any other person or Customer, provided that such additional service complies with all applicable laws and contractual obligations of Contractor, and upon such terms and conditions and service rates acceptable to Contractor. Contractor shall transport and dispose of all collected Household Hazardous Waste to an appropriate disposal site. Contractor shall regularly publish brochures concerning the Household Hazardous Waste program, including the locationn of the facility and the hours of service. The parties hereto acknowledge that the Household Hazardous Waste program is conditioned upon and subject to the continuing effectiveness of that certain agreement by and among Contractor, the City and Franklin County, pursuant to which Franklin County has delegated to Contractor the county's duties under Washington state law to implement and administer a Household Hazardous Waste program. Contractor shall cause the cost of such program to be included in the service rates set forth in the Rate Schedule in full compensation of such services. If and when such agreement or Contractor's obligation thereunder has been terminated, the Household Hazardous Waste program made part of this Agreement shall also be automatically terminated. In such event, the portions of this Agreement authorizing and requiring Contractor to collect Household Hazardous Waste shall be deemed terminated without further action required of any party, and Household Hazardous Waste shall be deemed to be unacceptable waste for collection. On the next Annual Adjustment Date following the date on which Contractor is no longer required to collect such waste, Contractor shall equitably adjust its service charges for each level of Solid Waste service. 5.2. Commercial Service 5.2.1. Commercial Customer Solid Waste Service Contractor shall collect Solid Waste from all Commercial Customers within the City Service Area, provided that the Solid Waste is properly contained within Containers supplied by Contractor. Comprehensive Solid Waste Collection Agreement Page 13 Page 23 of 459 5.2.2. Commercial Containers 5.2.2.1 Container Types Contractor shall provide to each Commercial Customer, and each Commercial Customer may select, the following types of Containers: 1.S , 2-, 3-, 4-, 6- or 8 -cubic yard Detachable Container; 11-, 20-, 30- or 40 -cubic yard Drop -Box Container; a 96 -gallon or 64 -gallon wheeled cart similar to the respective Residential Carts. Contractor may from time to time provide additional or remove existing Container service options, provided however, that Contractor shall provide at least thirty (30) days prior written notice to affected Commercial Customers with service plans for Containers that are being discontinued. Detachable Containers shall be watertight and equipped with tight -fitting metal or plastic covers, which covers shall be closed by Contractor after every collection service, and may be equipped with four (4) wheels for those Containers with volumes of 4 -cubic yards or less. Drop -Box Containers shall be constructed of metal, and if requested by a Customer, equipped with a tight -fitting screened or solid cover operated by a winch system. Detachable Containers up to 8 -cubic yards shall not weigh in excess of one thousand two hundred (1,200) pounds, and Drop -Box Containers shall not weigh in excess of twenty thousand (20,000) pounds. Commercial carts shall not weigh in excess of one hundred twenty (120) pounds for the 64 -gallon commercial cart or one hundred -eighty (180) pounds for the 96 -gallon commercial cart. 5.2.2.2. General Terms and Conditions Applicable to Commercial Containers Contractor shall furnish each Commercial Customer with the appropriate Container within seven (7) business days of the Customer's request. Contractor shall deliver and place the Container on the Customer's property in a location determined by the Customer, provided such location is reasonably acceptable to Contractor for the safe and efficient collection thereof. Contractor shall maintain all Containers in good condition without any leaks, jagged edges or holes. If Contractor's employees note any damage to a Container requiring repair, Contractor shall repair, at its sole cost, the damage without need of request from the Customer. Contractor shall repair the Container within seven (7) business days of request or notice of a condition requiring repair, or provide a temporary Container as necessary. Contractor shall replace, at its sole cost, any Container that is damaged or missing on account of accident, act of nature or the elements, fire, or theft or vandalism by other members of the public within there (3) business days. Contractor may provide Customers with either a new or used and reconditioned Comprehensive Solid Waste Collection Agreement Page 14 Page 24 of 459 replacement Containers, provided such Containers are clean and presentable. Contractor shall collect and dispose of damaged and unusable Containers. If, in Contractor's commercially reasonable discretion, Contractor must replace or repair a damaged Container as a result of excess wear and tear or otherwise the result of the negligence or intentional misconduct by the Commercial Customer, Contractor may charge the Customer a replacement fee for such Container. Not more often than once per year, Contractor shall clean without additional cost, said cost being included in the respective service plan, each Customer's Container. In addition, Contractor shall also replace a Container within three (3) business days of request by the City if the City determines that the Container fails to comply with reasonable health and safety standards, provided however, that Contractor shall assess the Customer a cleaning fee at the rate set forth in the Rate Schedule. 5.2.2.3. Additional Fees Contractor shall not charge Commercial Customers an initial delivery fee for a Container, except in the case of temporary Container service or a Container redelivered to a Customer restarting service after having service suspended with its Container removed because of non-payment of invoices. Contractor shall charge a rollout fee in ten (10) foot increments for Containers that must be rolled by Contractor more than twenty (20) feet to reach the collection vehicle at its nearest point of access. Gate and/or disconnect charges shall be assessed as set forth in the Rate Schedule when Contractor must open, unlock, or close a gate in order to service a Container. Contractor may assess additional charges for excess materials loaded so as to lift, as applicable for such Commercial Customer, the Detachable Container lid or Drop -Box Container lid more than six (b) inches from the normally closed position. Commercial Customers may request extra collections of Detachable Containers in addition to the regular service, which additional service shall be subject to an additional charge equal to the proportional amount (e.g. one pick-up per week rate divided by 4.33 weeks per month) of their regular monthly rate for that service. Extra collections of Drop - Box Containers shall be provided at the regular rate set forth in the Rate Schedule. 5.2.2.4. Customer -Owned Drop -Box Containers Notwithstanding anything to the contrary in Section 5.2.2.1 above, Contractor may service compactor Drop -Box Containers owned by Commercial Customers at the special collection rates set forth in the Rate 'Schedule. Contractor shall have no obligation to maintain, repair or clean a compactor Drop -Box Container owned by a Commercial Customer, and shall have no liability to such Customers for damage Comprehensive Solid waste Collection Agreement Page 15 Page 25 of 459 caused to such compactor Drop -Box Containers except in the event of gross negligence or intentional misconduct by Contractor. If, in the commercially reasonable discretion of Contractor, a Customer -owned compactor Drop -Box Container is not safe, Contractor may elect not to provide service until such compactor Drop -Box Container is made safe for usage and transport. 5.3. Temporary Solid Waste Service Plans Upon request of any Customer, Contractor shall provide on a temporary basis the Container requested by said Customer at the rate set forth in the Rate Schedule for such temporary service. The temporary service rate shall apply for all service requests that do not exceed ninety (90) consecutive days. If the Customer requires a Container for a longer period of time, Contractor may require the Customer to select the appropriate Commercial service plan set forth in the Rate Schedule for the requested Container. If the temporary service plan is in addition to a regular service plan in effect for the Customer, Contractor shall be authorized to bill the Customer for both service plans. Contractor may require the Customer to mare a security deposit in advance of a temporary service plan at the rate set forth in the Rate Schedule. 5.4. Solid Waste Service to City Properties and Facilities Contractor shall provide the City with Solid Waste service from all City locations for which the City desires service pursuant to the City's service plan set forth in the Rate Schedule. The City may modify the locations for which the City desires service by providing Contractor with ten (10) days prior written notice, in which case, Contractor shall adjust, if applicable, the fee payable by the City pursuant to the Rate Schedule Exhibit Q. As part of the City's service plan, Contractor shall also provide , without direct cost to the City, Solid Waste service as defined in Exhibit "E" of up to 1,500 tons (Base Tormage) of Solid Waste gathered by the City from alley clean-ups, street sweeping and sewer debris, and deposited in specially designated Drop -Box Containers supplied by Contractor. The Solid Waste service shall be increased in increments of 250 tons of Solid Waste every five years based on the City's solid waste need over the Base Tonnage. The Solid Waste service increase will be based on the following calculations: (a) Solid Waste tonnage from city owned properties less Base Tonnage equals Net Solid Waste tonnage from city owned properties with direct cost to the City, (b) if the Net Solid Waste tonnage from city owned properties with direct cost is less than 250 tons, then no change is required, and (c) if the Net Solid Waste tonnage from city owned properties with direct cost is greater than 250 tons, then an increase will be required. If the Net Solid Waste is greater than 250 tons, then the Net Solid Waste plus the Base Tonnage will equal the new Total Solid Waste service for the next five years. Based upon a change in the Total Solid Waste, the Contractor shall be able to adjust Solid Waste service rates consistent with section 6.3.7. Comprehensive Solid Waste Collection Agreement Page 16 Page 26 of 459 5.5. Recyclable Materials and Green Waste If, during the Term of this Agreement, the City elects to provide additional services related to Curbside recycling of Recyclable Materials and/or Green Waste from Residences consistent with revisions to and updating of the Franklin County Comprehensive Solid Waste Management Plan, the City may request that Contractor collect, transport, process and recycle Recyclable Materials from all Customers residing in Residences located within the City Service Area. Within ninety (90) days of receipt of such notice, Contractor shall provide the City with a written proposal of the service rates, planned service routes and schedules for Customers residing in Residences and, if also requested by the City, all other Customers, proposed Recycling Carts and Recycling Containers, commodities that will qualify as Recyclable Materials based on current market conditions, estimated interval to secure necessary equipment and facilities, and any other pertinent terms and conditions of such service. Contractor shall remit all proceeds from the sale of collected Recyclable Materials pursuant to the recycling program to the City. If Contractor's proposal is acceptable to the City, the City shall give written notice (Exercise Date) to Contractor to commence providing such service within the City Service Area on the date set forth in the City's notice that is consistent with Contractor's proposal. Upon receipt of the City's notice, the parties shall cooperate in good faith to develop and distribute materials and information to Customers within the City Service Area concerning the addition of the recycling and/or green service. If the City declines to require a separate Recyclable Materials and/or Green Waste service governed by this Agreement, the City shall permit, at Contractor's written request, the Washington Utilities and Transportation Commission ("WUTC") to assume jurisdiction of Curbside Recyclable Materials and/or Green Waste service plans, which will be implemented and operated by Contractor. 5.6. Miscellaneous Solid Waste Services Contractor shall also provide the following special services; (i) With respect to Residential Customers and those Commercial Customers residing in Residences located within Mixed -Use Buildings and Multi -Family Complexes within the City Service Area, Contractor shall provide a special Solid Waste service at the rate set forth in the Rate Schedule for Units of Solid Waste that exceed the limitations set forth in the definition of "Solid Waste Units," which service shall be provided within five (5) business days of the Customer's request. (ii) With respect to qualifying Customers, Contractor shall administer and provide Solid Waste service as provided under and pursuant to Pasco City Code Section 6.04.240, "Special Collection and Residential Coupon," for so long as said program is in effect under the Pasco City Code. (iii) With respect to Residential Customers and those Commercial Customers residing in Residences located within Mixed -Use Buildings and Multi -Family Complexes within the City Service Area, Contractor shall collect and dispose of refrigeration and cooling devices common to households, such as refrigerators and air - Comprehensive Solid Waste Collection Agreement Page 17 Page 27 of 459 conditioning units, at the rates set forth in the Rate Schedule, provided however, that the Residential Customer shall either request Contractor to purge and dispose of the cooling substance as required by applicable law or provide Contractor with a certificate reasonably satisfactory to Contractor from a qualified contractor stating that the same has been completed prior to collection and disposal of such item. (iv) With respect to all Customers within the Service Area (except as otherwise provided in Section 5.1.1), Contractor shall collect, transport, and dispose of tires from passenger vehicles and trucks at the rate set forth in the Rate Schedule. 5.7. Customer Service 5.7.1. Customer Service Office Contractor shall maintain a Customer service office within the City Service Area with a local telephone number or toll free phone number where Contractor may be contacted by Customers during the hours of 5:00 a.m. to 5:00 p.m. Monday through Friday, except for the holidays recognized by the State of Washington. Contractor shall provide customer service functions relating to service delivery, potential service options, service rates, receiving and resolving customer complaints, dispatching temporary Containers and special collections, and resolving billing questions. 5.7.2. Complaints Contractor shall give prompt and courteous attention to all Customer complaints received by Contractor. Contractor shall promptly investigate any complaint of a missed collection, and if verified, shall arrange for collection as provided in this Agreement. Contractor shall maintain a record of actions taken on all material and legitimate complaints that could not be resolved during the initial communication with the Customer, regardless of how the complaint was received, including date, time, Customer's name and address (if the Customer is willing to give this information), method of transmittal, and nature, date and manner of resolution of the complaint in a computerized daily log. Contractor shall make a conscientious effort to resolve all complaints promptly but otherwise within one (1) business day of the original call or e-mail. The computerized daily log shall be available for inspection by the City, or its designated representatives, during Contractor's office hours, and shall be in a format reasonably acceptable to the City. 5.7.3. Emergency Contact Contractor shall provide the City with the name and contact information in the event of an emergency requiring contact with Contractor outside of normal office hours. Contractor shall cause such representative to be available at said emergency telephone number during all hours other than normal office hours. Comprehensive Solid Waste Collection Agreement Page 18 Page 28 of 459 5.8. Reports In addition to any report required by law, Contractor shall maintain records of the number of loads of Solid Waste collected and transported within the City Service Area and the approximate total tonnage of Solid Waste and any other material herein authorized hauled by Contractor to Contractor's disposal site. Contractor shall make such records available to the City upon request. Subsequent to April 15 of each calendar year, and following at least two (2) months prior written notice, Contractor shall provide to the City a profit/loss financial statement for the preceding calendar year together with a pro -forma financial statement for the ensuing calendar year. The City shall be permitted to review but not make copies of the financial statements. Upon the City's request, Contractor shall make available the same financial statements to an accounting firm selected by the City and reasonably acceptable to Contractor, provided, however, that the accounting firm provides Contractor with a conunercially acceptable form of confidentiality agreement. Contractor shall bear all reasonable costs of such accounting firm. 6. COMPENSATION 6.1. Basis for Determination of Solid Waste Service Rates The parties expressly intend that the rates and charges established by this Agreement are designed to capture all legitimate operating and capital costs incurred by Contractor and to provide a fair rate of return on Contractor's investment in providing all services included under this Agreement as may be measured by external methodologies such as the Washington Utilities and Transportation Commission's "Lurito-Gallagher" ratemaking methodology, or other such standards that will enable Contractor to establish fair, just, reasonable and sufficient overall rates in order to allow Contractor to innovate, invest and continue to provide service types and levels responsive to the City's reasonable requirements hereunder. 6.2. Compensation for Solid Waste Services Contractor may collect from each and every Customer within the City Service Area the appropriate charge for the Solid Waste service plan selected by such Customer, together with any additional charges, fees and expenses that may be incurred or requested by such Customer, at the rates set forth in the Rate Schedule. Contractor shall act in good faith to coordinate with Customers to minimize the charges assessed to Customers. 6.3. Adjustment to Solid Waste Service Rates 6.3.1. Annual Rate Adjustment Contractor's service charges, excluding fuel expenses, for each level of Solid Waste service shall increase once every year in an amount not to exceed eighty percent (80%) of the annual percentage increase in the Consumer Price Index — All Urban Consumers; West Region, Size B/C, standard reference base period 1982- 84 = 100, hereinafter referred to as the "Adjustment Index," as determined Comprehensive Solid Waste Collection Agreement Page 19 Page 29 of 459 in this section. Adjustments to Contractor's service charges shall be made in units of one cent ($0.01). Fractions less than one cent ($0.01) shall not be considered when making adjustments. Rates shall be adjusted annually, beginning January 1, 2016 (the "Adjustment Date"). Contractor shall submit to the City for review and approval a "Rate Adjustment Statement" showing the calculations of new service rates for the following year, including a calculation of the percentage change in the Adjustment Index for the most recent twelve (12) month period ending the June prior to the Adjustment Date. Contractor's calculations shall be provided to the City annually no later than October 1" and the City shall have ninety (90) days to confirm Contractor's rate modification calculations. Upon receipt of the City's approval, which shall not be unreasonably withheld or delayed, the new rates shall take effect on January 1" of the subsequent year. 6.3.2. Adjustments to Tipping Fees and Disposal Fees A tipping disposal or acceptance fee charged for Solid Waste shall be the financial responsibility of Contractor, provided however, Contractor may incorporate such disposal, tipping or acceptance fees as part of the service rates set forth in the Rate Schedule. In the event of an adjustment in tipping fees or disposal fees paid by Contractor, Contractor shall adjust the tipping fee and disposal fee component of the Solid Waste service rates for each level of service to reflect such adjustment. Contractor shall provide the City with notice of any tipping fee or disposal fee adjustment promptly upon knowledge thereof by Contractor. Contractor shall provide to the City evidence supporting the requested change in service fees as a result of an adjustment to tipping fees and disposal fees at least forty-five (45) days prior to date requested by Contractor for such adjustment to go into effect, which in any event shall not be earlier than the date of the adjustment to the tipping fee or disposal fee. Upon receipt of the City's confirmation that the calculations are correct, the new Solid Waste service rates for each level of service shall take effect on the date requested by Contractor. Contractor shall include a notice in the next invoice issued to the Customers describing the increase in the service rates pursuant to this section. 6.3.3. Fuel Expense Adjustments Contractor may also assess to all Customers a "Fuel Surcharge," provided the surcharge is determined and used in accordance with the provisions hereinafter set forth. The Fuel Surcharge shall be implemented and charged by Contractor in the instance that the resulting calculation equals 0.5% or more as described below. The following definitions apply to the use and application of the Fuel Surcharge: • Base Fuel Expense: the proportion of approved rates attributable to gross fuel expense, hereby fixed at 5.87%. Comprehensive Solid Waste Collection agreement Page 20 Page 30 of 459 • Base Fuel Price: the average cost of diesel fuel used at the time of the 2016 rate authorization, hereby fixed at $3.79. • Current Fuel Price; the per gallon price for retail sales of "West Coast Number 2 Diesel Ultra -Low Sulfur" (0-15 PPM) for the most recent full month reported in the "Monthly Diesel Prices — Ultra -Low" index published by the Energy Information Administration of the US Government or the DGE index. • Fuel Surcharge: the product of multiplying the base fuel expense by the percentage change between the base fuel price and current fuel price [e.g. $3.79*(current price/$3.79)]. The Fuel Surcharge shall be calculated by subtracting the Base Fuel Price from the Current Fuel Price and converting the difference to a percentage of the Base Fuel Price; that percentage shall then be multiplied by the Base Fuel Expense and the resulting product shall constitute the Fuel Surcharge. Contractor shall submit to the City a Fuel Surcharge calculation worksheet by the 15th day of the month immediately preceding the months of August, October, December, February, April and June. The Fuel Surcharge shall be deemed approved and authorized unless written objection from the City to the Contractor's mathematical calculations is received by Contractor within seven (7) days of the City's receipt of the worksheet. In such case, the parties shall meet within five (5) business days and work in good faith to resolve any alleged errors in such mathematical calculations. A Fuel Surcharge shall commence only on the first of each of the calendar months named herein above, and shall continue in effect for a two-month period, after which time a new Fuel Surcharge, if applicable, shall go into effect pursuant to the provisions hereof. Contractor shall incorporate such Fuel Surcharge in the Customers' invoices in a timely manner. 6.3.4. Annual Rate Adjustment Cap The Annual Rate Adjustment Cap is met when the cumulative rate increases of 6.3.1 (Annual Rate Adjustment), 6.3.2 (Adjustments to Tipping Fees and Disposal Fees), 6.3.3 (Fuel Expense Adjustment), and 6.3.5 (Solid Waste Disposal Cost Adjustment, if applicable) meet or exceed five percent (5%) as defined by the Consumer Price Index in the United States Department of Labor --All Urban Consumers; West Region, Size B/C, standard reference base period 1982- 84 = 100 (Adjustment Index). If the Annual Rate Adjustment Cap is met, the Contractor may either limit all rate increases (sections 6.3.1, 6.3.2, 6.3.3, and 6.3.5) at the Annual Rate Adjustment Cap or proceed as outlined in section 6.3.7. The Contractor will notify the City within 45 days that the Annual Rate Adjustment Cap has been reached. The Annual Rate Adjustment Cap will be reset on January 0 of every year as per section 6.3.1. Comprehensive Solid Waste Collection Agreement Page 21 Page 31 of 459 6.3.5. Solid Waste Disposal Cost Adjustment Contractor may also adjust service rates for all levels of service based upon the change in the annual disposal cost of Solid Waste collected by Contractor ("WACOD Adjustment'). Commencing with the second full twelve month Adjustment Period after any "Exercise Date" pursuant to Section 5.5, and for each Adjustment Period thereafter (each, a "Comparison Period"), the Contractor shall determine the change in the annual disposal cost of Solid Waste collected by Contractor during such Comparison Period as compared to the first full twelve month Adjustment Period after the Exercise Date ("Base Period"). if the of Solid Waste collected for such Comparison Period has changed by more than five percent (5%) from the Base Period, Contractor shall prepare a WACOD Adjustment calculation worksheet ("WACOD Adjustment Statement") that calculates the WACOD Adjustment to the service rates pursuant to the formula set forth in Exhibit D. The WACOD Adjustment of the service rates shall be adjusted concurrently with annual adjustments to service rates pursuant to Section 6.3.1, with the first month of January two years after the Exercise Date being the first potential date for an adjustment pursuant to this section. Concurrently with the Statement provided to the City pursuant to Section 6.2.1, the Contractor shall submit to the City for review and approval the WACOD Adjustment Statement calculating the adjustment to new rates for the next year, which statement shall show the calculations required in this Section. The City shall have sixty (60) days to confirm the Contractor's WACOD Adjustment to the service rates. Upon receipt of the City's approval of the WACOD Adjustment Statement, which shall not be unreasonably withheld or delayed, the WACOD Adjustment to the service rates shall take effect on January 1st of the subsequent year. 6.3.6. Tax Additive The State Refuse Collection Tax (currently at 3.6%) and any applicable City Taxes shall be added to the rates specified for each class of service and may be identified separately and as additive to said rate on each billing service. 6.3.7. Other Modifications Contractor may apply to the City for rate adjustments that result from increases in the cost of operations arising during the Term of the Agreement. Contractor shall submit a written request to adjust the rates not more than ninety (90) days and not less than sixty (60) days prior to the proposed effective date of the requested change. The City shall promptly consider such proposed rate change with consideration of historical and industry -wide profit levels and rate making methodologies utilized by the Washington State Utilities and Transportation Commission. Comprehensive Solid Waste Collection Agreement Page 22 Page 32 of 459 6.3.8. Changes in Impositions or Other Laws If the City, county, state or federal authorities impose new taxes, fees or surcharges or change the rates of existing taxes, fees or surcharges after the Commencement Date, or there are other changes in federal, state or local laws or regulations, and the impact of these changes results in increased or decreased Contractor costs, Contractor and City shall enter into good faith negotiations to determine whether compensation adjustments are appropriate and if so, to determine the amount and the method of adjustment. If the City requires review of Contractor's financial or other proprietary information in conducting its rate review, at the request of Contractor, the City shall retain a third party to review such information at Contractor's expense, provided however, that Contractor may require such third party to execute a commercially reasonable confidentiality agreement. Any such additional financial review costs shall be considered allowable business expenses for future rates adjustment purposes. 6.3.9. Termination by Contractor If Contractor requests a rate adjustment pursuant to this Section 6 and the City fails to consent to such request for any reason within four (4) months of the date of Contractor's written request, Contractor may terminate this Agreement by giving written notice of termination to the City not less than four (4) months and not more than eight (8) months after the date of Contractor's written request for such rate adjustment. This Agreement shall terminate on the date set forth in Contractor's written notice of termination, which in no event shall be less than six (6) months from the date of Contractor's written notice of termination. 6.4. Billing for Solid Waste Services; Delinquent Accounts Contractor shall invoice, and shall be responsible for collecting, to and from each and every Customer within the City Service Area for the Solid Waste service plan selected by the Customer. Contractor shall cause each bill to include the following information: (i) Customer name; (ii) Contractor's Customer account information; (iii) service address; (iv) service commencement and termination dates, as applicable; (v) billing period, (vi) date of the bill; (vii) Customer's service plan; (viii) date payment is due; (ix) date payment is delinquent; (x) charges for the Customer service plan; and (xi) additional charges, if any. Contractor shall bear the risk of collection. It is the intent of the parties that all issues relating to service and rates under this Agreement should be the responsibility of the Customer, Contractor and the City, and no third party shall have standing to request, speak or represent issues of service in the City Service Area except for the direct Customer, Contractor or the City. Notwithstanding the foregoing, the City reserves the right as provided in Pasco City Code Section 6.04.3 10 to assume the obligation of billing Customers within the City Service Area for Solid Waste services provided by Contractor hereunder. If the City elects to provide such service, the City shall give Contractor six (6) months prior written notice. Comprehensive Solid waste Collection Agreement Page 23 Page 33 of 459 The parties shall negotiate in good faith the terms and conditions of the transfer of such service to the City, including without limitation, the City assuming the risk of collecting payments. 6.5. Delinquent Accounts and Other Customer Defaults Contractor shall have any and all remedies provided under Pasco Municipal Code Chapter 6.04 and, as applicable, Washington law and regulations, with respect to delinquent accounts and other defaults by Customers, including without limitation, refusing or terminating Solid Waste service, but excluding those remedies in the City's code expressly reserved to the City. The City shall assume no responsibility for the collection of any amount due by a Customer, provided however, that the City shall cooperate in good faith with Contractor in the enforcement of Contractor's rights and remedies to collect any delinquent accounts or cure defaults as may be provided under Pasco Municipal Code Chapter 6.04. Contractor shall provide the City on a monthly basis a report of all service terminations during the previous month. 7. PERFORMANCE FEES, DEFAULT AND REMEDIES 7.1. Performance Fees In the event that Contractor fails to meet any performance obligation set forth in this Agreement, the City shall give written notice to Contractor regarding such failure, in which case Contractor shall promptly take such corrective action to remedy the issue raised in the City's written notice. In addition, City reserves the right to impose the following fines if Contractor fails to meet certain obligations as provided in this Agreement. ACTION OR OMISSION AMOUNT Collection before or after the times Fifty Dollars ($50) per truck route (each specified in this Agreement, except as truck on each route is a separate incident). expressly permitted by the City. Failure to collect missed materials within Fifty Dollars ($50) per incident to a one (1) business day after receipt of maximum of Five Hundred Dollars notice. ($500) per track per day. The performance fees schedule set forth here shall not affect the City's ability to terminate this Agreement as provided in Section 7.2, provided however, the City acknowledges that the performance fees described in this section are an adequate remedy for the above named defaults, and the City may not terminate this Agreement for any of the defaults described in this section unless Contractor has incurred performance fees in excess of $25,000.00 each month for at least three (3) consecutive calendar months. Contractor shall pay such performance fees within thirty (30) days of demand therefore from the City. The City shall provide Contractor with reasonably acceptable documentation supporting such performance fees together with the City's demand Comprehensive Solid Waste Collection Agreement Page 24 Page 34 of 459 therefore. Contractor may appeal any performance fees unposed under this section to the City Manager of the City of Pasco, to whore Contractor shall be allowed to present evidence as to why the amount of performance fees should be lessened or eliminated. 7.2. Default and Remedies If Contractor abandons or materially breaches its obligations hereunder or fails to fally and promptly comply with all of its provisions or fails to give reason satisfactory to the City for noncompliance, the City may then declare Contractor to be in default of this Agreement and notify Contractor of such default and shall provide Contractor with thirty (30) days to cure such default. If Contractor fails to cure such default in a timely manner, the City may thereafter give notice of termination to Contractor and its surety. Upon receipt of any such notice, this Agreement shall terminate. 8. NOTICES Any notice required or permitted to be given under this Agreement shall be in writing and may be given by personal delivery, by certified mail, or by air courier, and if given personally or by mail, shall be deemed sufficiently given if addressed to the City or to Contractor at the following address: The City: City of Pasco P.O. Box 293 525 N. Third Ave. Pasco, WA 9930 Attn: City Manager To Contractor: Basin Disposal, Inc. 2021 North Commercial Avenue P.O. Box 3850 Pasco, WA 99302-3850 Attn: Darrick Dietrich Mailed notices shall be deemed given on the fifth (5th) business day following deposit in the United States mail, certified postage prepaid. Notices delivered personally or by air courier shall be deemed given upon receipt. Either party may by written notice to the other specify a different address for notice purposes. 9. INSURANCE AND BOND REQUIREMENTS 9.1. General Insurance Requirement Contractor shall procure and maintain, at its sole expense, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the services provided under this Agreement by Contractor, its agents, representatives, employees or subcontractors, as provided in this Section 9. Contractor's Comprehensive Solid Waste Collection Agreement Page 25 Page 35 of 459 maintenance of insurance as required by the Agreement shall not be construed to limit the liability of Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 9.2. Minimum Scope of Insurance Contractor shall obtain insurance that meets or exceeds the following requirements: (i) Automobile Liability insurance covering all owned, non -owned, hired, and leased vehicles. The policy shall be endorsed to provide contractual liability coverage. The City shall be named as an additional insured under Contractor's Automobile Liability insurance policy with respect to the work performed for the City. (ii) Commercial General Liability insurance covering liability arising from premises, operations, independent contractors, products -completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate per Project Endorsement ISO form CG 25 03 11 85, or its equivalent. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under Contractor's Commercial General Liability insurance policy with respect to the work performed for the City. (iii) Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. (iv) Hazardous Waste Hauling. To the Automobile Liability Minimum Scope of Insurance, Pollution Liability coverage at least as broad as that provided. under ISO Pollution Liability -Broadened Coverage for Covered Autos Endorsement CA 99 48 and the Motor Carrier Act Endorsement (MCS 90) shall be attached. 9.3. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: (i) Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $2,000,000 per accident. (ii) Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products -completed operations aggregate limit. 9.4. Deductibles and Self -Insured Retentions Any deductibles or self-insured retentions in excess of $50,000 must be declared to and approved by the City, which approval shall not be unreasonably withheld. In the event the deductibles or self-insured retentions are not acceptable to the City, the City reserves the right to negotiate with Contractor for changes in coverage deductibles or self-insured retentions; or alternatively, require Contractor to provide evidence of other security guaranteeing payment of losses and related investigations, claim administration and defense expenses. Comprehensive Solid Waste Collection Agreement Page 26 Page 36 of 459 9.5. Other Insurance Provisions The insurance policies shall contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability: (i) Contractor's insurance coverage shall be the primary insurance with respect to the City, its officials, employees and agents. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of Contractor's insurance and shall not contribute with it. (ii) Coverage shall state that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (iii) Contractor's insurance shall be endorsed to state that coverage shall not be cancelled unless the City is given prior written notice as provided under RCW 48.18.290. 9.6. Acceptability of Insurers Contractor shall secure insurance policies from insurers with a current A.M. Best rating of not less than A:Vll. 9.7. Verification of Coverage Contractor shall furnish the City with original certificates including, but not necessarily limited to, the additional insured endorsements, evidencing the insurance policies required pursuant to this Article 9 prior to the Commencement Date. 9.8. Subcontractors Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor before commencement of the work. All coverages for subcontractors shall be subject to the same insurance requirements as stated herein for Contractor. 9.9. Performance Bond/Surety Contractor shall provide and maintain at all times a valid Contractor's Performance and Payment Bond or bonds, letter of credit or other similar instrument acceptable to and approved in writing by the City in the amount of FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00). The bond, letter of credit or other similar instrument shall be issued for a period of not less than one year, and Contractor shall provide a new bond, letter of credit or similar instrument, and evidence satisfactory to the City of its renewability, not less than sixty (60) days prior to the expiration of the bond, letter of credit or other similar instrument then in effect. The City shall have the right to call the bond, letter of credit or other similar instrument in full in the event its renewal is not confirmed at least five (5) days before its expiration. Comprehensive Solid Waste Collection Agreement Page 27 Page 37 of 459 10. GENERAL TERMS 10.1. Indemnification 10.1.1. Indemnify and Hold Harmless Contractor shall indemnify, hold harmless and defend the City, its elected officials, officers, employees, agents and representatives, from and against any and all claims, actions, suits, liabilities, losses, costs, expenses, and damages of any nature whatsoever, including costs and attorney's fees in defense thereof, or injuries, sickness or death to persons, or damage to property, which is caused by or arises out of Contractor's exercise of duties, rights and privileges granted by the Agreement, provided, however, that Contractor's obligation to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from concurrent willful or negligent acts or actions of Contractor and the City shall apply only to the extent of Contractor's negligence. 10.1.2. Notice to Contractor; Defense In the event an action is brought against the City for which indemnity may be sought against Contractor, the City shall promptly notify Contractor in writing. Contractor shall have the right to assume the investigation and defense, including the employment of counsel and the payment of all expenses. On demand of the City, Contractor shall at its own cost and expense defend, and provide qualified attorneys reasonably acceptable to the City to defend, the City, its officers, employees, agents and servants. The City shall fully cooperate with Contractor in its defense of the City, including consenting to all reasonable affirmative defenses and counterclaims asserted on behalf of the City. The City may employ separate counsel and participate in the investigation and defense, but the City shall pay the fees and costs of that counsel unless Contractor has agreed otherwise. Contractor shall control the defense of claims (including the assertion of counterclaims) against which it is providing indemnity under this section, and if the City employs separate counsel the City shall assert all defenses and counterclaims reasonably available to it. 10.1.3. Industrial Insurance Immunity Waiver With respect to the obligations to hold harmless, indemnify and defend provided for herein, as they solely relate to claims against the City, its elected officials, officers, employees, agents and representatives, Contractor agrees to waive Contractor's immunity under industrial insurance, Title 51 RCW, for any injury, sickness or death suffered by Contractor's employees that is caused by or arises out of Contractor's negligent exercise of rights or privileges granted by the Agreement. Comprehensive Solid Waste Collection Agreement Page 28 Page 38 of 459 10.2. Transfer of the Contract 10.2.1. Assignments, Subcontracts and Delegations Contractor shall not assign or subcontract any of the work or delegate any of its duties under this Agreement without the prior written approval of the City and submittal of proof of insurance coverage. When requested, approval by the City of a subcontract or assignment shall not be unreasonably withheld. In the event of an assignment, subcontracting or delegation of duties, Contractor shall remain responsible for the full and faithful performance of this Agreement and the assignee, subcontractor, or other obligor shall also become responsible to the City for the satisfactory performance of the work assumed. The City may condition approval upon the delivery by the assignee, subcontractor or other obligor of its covenant to the City to fully and faithfully complete the work or responsibility undertaken. In addition, the assignee, subcontractor or obligor shall sign a separate statement agreeing to abide by all terms and conditions of this Agreement. 10.2.2. Changes in Control If Contractor is a corporation, limited liability company or limited liability partnership, then any transfer of this Agreement by merger or consolidation, or any change in the ownership of, or power to vote, the majority or controlling interest of its outstanding voting stock, membership interest, or limited partnership interests, or in the controlling interest at any tier in the ownership structure of Contractor, or change of the manager or general partner for LLCs and LPs, respectively, shall constitute an assignment for the purpose of this section. If Contractor is a partnership, then any transfer of any partnership interest shall constitute an assignment for the purpose of this section. Any transfer of this Agreement by (i) merger or consolidation, (ii) any change in the ownership of, or power to vote, the majority or controlling interest of its outstanding voting stock, membership interest or limited partnership interest, as applicable, (iii) any entity succeeding in the business and assets of Contractor, (iv) any transfer to an entity that controls or is under common control with Contractor, or (v) any transfer to a subsidiary or affiliate shall not be considered an assignment requiring the City's consent, provided however, that in each case described above such entity has equal or greater financial net worth than Contractor on the date of transfer, such entity remains in the control of Darrick Dietrich, the transferee assumes all obligations under this Agreement and that written notification of the transfer, including a copy of the transfer documentation, is provided to the City at least fifteen (15) days prior to the transfer. For purposes of this section, the term "control" shall mean ownership of more than 50% of the outstanding voting stock, membership interest or partnership interest. Comprehensive Solid Waste Collection Agreement Page 29 Page 39 of 459 10.3. Legal 10.3.1. Laws to Govern/Venue This Agreement shall be governed by the laws of the State of Washington both as to interpretation and performance. Venue shall be in Superior Court in the State of Washington for Franklin County. 10.3.2. Attorney Fees The Contractor agrees to pay reasonable attorney fees in the event the City is required to retain an attorney to enforce the Contractor's obligations here under. 10.3.3. Arbitration Any disputes in the first instance shall be directed to the Director of Community Development for resolution. All unresolved disputes with respect to the handling of complaints under this agreement shall be submitted to the City Manager for final resolution. 10.4. Compliance With Laws Contractor shall comply with all applicable federal, state, county, and local laws, statutes, rules, regulations or ordinances, including without limitation, all health and environmental regulations and standards applying to the collection, transport and disposal of Solid Waste. Contractor shall also comply with all applicable requirements of the Federal Occupational Safety and Health Act of 1970 (OSHA), the Washington Industrial Safety and Health Act of 1973 (WISHA), and the standards and regulations issued pursuant to these statutes from time -to -time. 10.5. Non -Discrimination Contractor shall not discriminate against any employee or applicant for employment because of age, race, religion, creed, color, sex, marital status, sexual orientation, political ideology, ancestry, national origin, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification. Contractor understands and acknowledges that if it violates this non-discrimination provision and fails to cure such violation to the satisfaction of the EEOC or state agency having jurisdiction, including without limitation, compliance with all terms and conditions set forth in a settlement agreement, this Agreement may be terminated by the City with thirty (30) days prior written notice. 10.+6. Permits and Licenses Contractor shall secure all necessary business permits and licenses necessary to provide the Solid Waste services described herein. Contractor shall duly pay all applicable taxes, Comprehensive Solid Waste Collection Agreement. Page 30 Page 40 of 459 fees and charges incurred, including, but not limited to, license fees and all federal, state, regional, county and local taxes and fees, including income taxes, property taxes, permit fees, operating fees, business and occupation taxes, workers' compensation and unemployment benefits, surcharges of any kind that apply to any and all persons, facilities, property, income, equipment, materials, supplies or activities related to Contractor's services provided under the Agreement. 10.7. Relationship of Parties The City and Contractor expressly acknowledge that the relationship between Contractor and the City shall at all times be as an independent contractor of the City. No agent, employee, servant or representative of Contractor shall be deemed to be an employee, agent, servant or representative of the City. 10.8. Bankruptcy If (i) Contractor makes any general arrangement or assignment for the benefit of creditors; (ii) Contractor becomes a "debtor" as defined in 11 U.S.C. § 101 or any successor statute (unless, in the case of a petition filed against Contractor, the same is dismissed within ninety (90) days); or (iii) the appointment of a trustee or receiver to take possession of substantially all of Contractor's assets, where possession is not restored to Contractor within ninety (90) days, the City may terminate this Agreement upon giving Contractor written notice thereof. In the event that any provision of this section is contrary to any applicable law, such provision shall be of no force or effect. 10.9. Right to Renegotiate or Amend The City shall retain the right to renegotiate this Agreement or negotiate an amendment based on subsequent changes in and to federal, state, county or city laws, regulations or policies that materially modify the terms and conditions of this Agreement, provided however, that the City may not modify the Rate Schedule or the terms by which service rates are determined. This Agreement may be amended, altered or modified only by a written amendment, alteration or modification, executed by authorized representatives of the City and Contractor. 10.10. Force Majeure 10.10.1 Force Majeure Events If any Force Majeure event occurs that is not in the direct control of Contractor and which results in a detrimental effect or a material hardship to Contractor in the performance of this Agreement, Contractor may request to make an adjustments to one or more of the Solid waste service rates or other fees included in the Rate Schedule by providing written notice to the City together with an explanation of the need for such rate adjustments arising from such Force Majeure event. Contractor shall submit such written request not more than ninety (90) days and not less than sixty (60) days prior to the proposed effective date of the Comprehensive solid waste Collection Agreement Page 31 Page 41 of 459 requested service rate change, and the City shall promptly consider such proposed rate change. If the City requires review of Contractor's financial or other proprietary information in conducting its rate review, at the request of Contractor, the City shall retain a third party to review such information at Contractor's expense, provided however, that Contractor may require such third party to execute a commercially reasonable confidentiality agreement. Any such additional financial review costs shall be considered allowable business expenses for future rates adjustment purposes. 10.10.2 Force Majeure Occurrences of Non -Default Contractor shall not be deemed to be in default and shall not be liable for failure to perform under this Agreement if Contractor's performance is prevented or delayed by acts of terrorism, acts of God including landslides, lightning, forest fires, storms, floods, freezing and earthquakes, civil disturbances, wars, blockades, public riots, explosions, unavailability of required materials or disposal restrictions, governmental restraint or other causes, whether of the kind enumerated or otherwise, that are not reasonably within the control of Contractor ("Force Majeure"). If as a result of a Force Majeure event, Contractor is unable wholly or partially to meet its obligations under this Agreement, Contractor shall promptly give the City written notice of the Force Majeure event, describing it in reasonable detail. Contractor's obligations under this Agreement shall be suspended, but only with respect to the particular component of obligations affected by the Force Majeure event and only for the period during which the Force Majeure event exists. 10.11. Megal Provisions/Severability If any provision of this Agreement shall be declared illegal, void, or unenforceable, the other provisions shall not be affected, but shall remain in full force and effect. 10.12. Waiver No waiver of any right or obligation of either party hereto shall be effective unless in writing, specifying such waiver, and executed by the party against whom such waiver is sought to be enforced. A waiver by either party of any of its rights under this Agreement on any occasion shall not be a bar to the exercise of the same right on any subsequent occasion or of any other right at any time. 10.13. Entirety This Agreement and the exhibits attached hereto represent the entire agreement of the City and Contractor with respect to the services to be provided under this Agreement. No prior written or oral statement or proposal shall alter any term or provision of this Agreement except as provided herein. Comprehensive Solid waste Collection Agreement Page 32 Page 42 of 459 WITNESS THE EXECUTION HEREOF on the day and year first herein above written. BASIN DISPOSAL, INC. CITY OF PASCO Darrick Dietrich, President Matt Watkins, Mayor ATTEST Debbie Clark, City Clerk Comprehensive Solid Waste Collection Agreement Page 33 Page 43 of 459 Exhibit A Definitions Agricultural Processed Waste: "Agricultural Processed Waste" means any waste which consists exclusively of the remainder and residue of processed fruit or vegetables. Base Tonnage: "Base Tonnage" means the original 1,500 tons of solid waste services transported and removed by the Contractor to the City without any direct cost. Biomedical Waste: "Biomedical Waste" has the same meaning set forth in WAC 480-70-041. Bulky Materials: "Bulky Materials" means bags, boxes, or bundles, or empty carriers, cartons, boxes, crates, etc., or materials offered for disposal, all of which may be readily handled without shoveling (not loose, uncontained materials). Individual items shall not exceed two feet by two feet by five feet (2' x 2' x 5') in dimension, and not weight more than 65 pounds. Charge: "Charge" means a set flat fee for performing a service. Or, the result of multiplying a rate for a unit times the number of units transported. City: "City" means the City of Pasco, Franklin County, Washington. City Service Area: "City Service Area" means the current corporate limits of the City, excluding only those areas for which a different Solid Waste collection company is providing Solid Waste service pursuant to a pre-existing franchise or permit. Commercial Customer: "Commercial Customer" means all non -Residential Customers, including but not limited businesses, institutions, governmental agencies, and all other users, including occupants of Residences, Mobile Home Parks, Multi -Family Complexes and Mixed - Use Buildings, of commercial -type Solid Waste collection services. Compactor Disconnect/Reconnect Charge: "Compactor Disconnect/Reconnect Charge" means a flat fee established by the solid waste collection company for the service of disconnecting a compactor from a drop box or container before taking it to be dumped, and then reconnecting the compactor when the drop box or container is returned to the customer's site. Container: "Container" means any Detachable Container, Drop -Box Container, or wheeled cart owned and provided by Contractor. Contractor: "Contractor" means Basin Disposal, Inc. Curb or Curbside: "Curb" or "Curbside" means a location on a Residential Customer's property within five (5) feet of a Public Street or Private Road without blocking sidewalks, driveways or on -street parking. Comprehensive Solid Waste Collection Agreement, Exhibit A Page 3 Page 44 of 459 Customer: "Customer" means all entities or persons required to utilize Solid Waste services within the City Service Area, including property owners, property managers and tenants, or as otherwise defined in Pasco Municipal Code Chap. 6.04. Detachable Container: "Detachable Container" means a watertight metal or plastic Container equipped with a tight -fitting cover, capable of being mechanically unloaded into a collection vehicle, and that is not less than one and a half (1.5) cubic yards or greater than eight (8) cubic yards in capacity. Drop -Dox Container: "Drop -Box Container" means an all -metal Container with ten (10) cubic yards or more capacity that is loaded onto a specialized collection vehicle, transported to a disposal or recycling site, emptied and transported back to the Customer's site. Exercise Date: "Exercise Date" means the date that the City counter signed the Contractor's proposal that the City requested under section 5.5 (Recyclable Materials and Green Waste) of this contract. Gate Charge: "Gate Charge" means a flat fee charged for opening, unlocking, or closing gates in order to pick up solid waste. Garbage: "Garbage" means all putrescible Solid Waste. Hazardous Waste: "Hazardous Waste" means any substance that is. A. Defined as hazardous by 40 C.F.R. Part 261 and regulated as Hazardous Waste by the United States Environmental Protection Agency under Subtitle C of the Resource Conservation and Recovery Act ("RCRA") of 1976, 42 U.S.C. § 6901 et seq., as amended by the Hazardous and Solid Waste Amendments ("HSWA") of 1984; the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; or any other federal statute or regulation governing the treatment, storage, handling or disposal of waste imposing special handling or disposal requirements similar to those required by Subtitle C of RCRA. B. Defined as dangerous or extremely hazardous by Chapter 173-303 WAG and regulated as dangerous waste or extremely Hazardous Waste by the Washington State Department of Ecology under the State Hazardous Waste Management Act, Chapter 70.105 RCW, or any other Washington State statute or regulation governing the treatment, storage, handling or disposal of wastes and imposing special handling requirements similar to those required by Chapter 70.105 RCW. C. Hazardous Waste shall not include any materials defined as Household Hazardous Waste. Household Hazardous Waste: "Household Hazardous Waste" has the same meaning set forth in RCW 70.102.010(2), together with any applicable regulations promulgated by the Washington Department of Ecology pursuant thereto. Loose Material: "Loose Material" means material not set out in bags or containers, including materials that must be shoveled. Comprehensive Solid Waste Collection Agreement, Exhibit A Page 2 Page 45 of 459 Mixed Paper: "Mixed Paper" means magazines, junk mail, phone books, bond or ledger grade paper, cardboard, paperboard packaging, paper cups and other fiber -based materials meeting industry standards, but excluding tissue paper, paper towels, food -contaminated paper or paper packaging combined with plastic, wax and foil. Mixed -Use Building: "Mixed -Use Building" means a structure inhabited by both Residential and Commercial Customers. Mobile Home Park: "Mobile Home Park" shall mean a parcel of land which has been planned, improved or is currently used for the placement of mobile homes and contains more than one (1) mobile home lot. Mobile Home Parks shall be billed collectively for collection service. Multi -Family Complex: "Multi -Family Complex" means a multiple -unit Residence with three or more attached units and billed collectively for collection service. Packer: "Packer" means a device or vehicle specially designed to pack loose materials. Pass "Through Fees: "Pass Through Fees" means a fee collected by a solid waste collection company on behalf of a third party when the fee is billed directly to the customer without markup or markdown. Permanent Service: "Permanent Service" means Container and drop -box service provided at the customer's request for more than 90 days. Private Road: "Private Road" means a privately owned and maintained right of way or access easement that allows for access by a service vehicle and that serves multiple Residences. Public Street: "Public Street" means a public right-of-way or easement maintained by the City, County or the State and used for travel by the public. Rate: "Rate" means a price per unit or per service. A rate is multiplied times the number of units or services. Recyclable Materials: "Recyclable Materials" means materials consisting of aluminum cans and foil; corrugated cardboard; tin cans; recyclable plastic containers that did not contain Biomedical Waste, Hazardous Waste or Household Hazardous Waste; Mixed Paper; newspaper; and such other materials that the City and Contractor may determine from time to time to be recyclable and are otherwise consistent with all applicable ordinances or comprehensive solid waste pians of the City, if any. Residence/Residential: "Residence" or "Residential" mean a living space, with a kitchen, individually rented, leased or owned. Residential Cart: "Residential Cart" means a 64- or 96- gallon wheeled cart suitable for deposit, storage and collection of Solid Waste.. Comprehensive Solid Waste Collection Agreement, Exhibit A Page 3 Page 46 of 459 Residential Customer: "Residential Customer" means all Customers residing in a Single - Family Residences. Service Accord: "Service Accord" means limited services that the Contractor agrees to provide to The City as described in Exhibit "E" Single -Family Residence: "Single -Family Residence" means all one -unit houses, each living unit of a duplex if billed individually, and mobile homes that are billed for collection service individually and located on a Public Street or Private Road, and not part of a Mobile Home Park. Solid Waste: "Solid Waste" shall have the same meaning set forth in RCW 70.95.030, but shall not include Biomedical Waste, Hazardous Waste or Household Hazardous Waste. If and when the City permits a separate collection service for Recyclable Materials and Green Waste at City's request or under the jurisdiction of the WUTC, Recyclable Materials and Green Waste shall be deemed to be separate categories of Solid Waste where expressly provided in this Agreement. Special Pickup: "Special Pickup" means a pick-up requested by the customer at a time other than the regularly scheduled pick-up time, that requires the special dispatch of a truck. If a special dispatch is required, the company will assess time rates established in the Contractor's Exhibit. Solid Waste Unit: "Solid Waste Unit" means a receptacle made of durable, corrosion -resistant, nonabsorbent material that is watertight, and has a close -fitting cover and two handles, or is a bag, box, or bundle that contains Solid Waste. A Solid Waste Unit can hold no more than thirty- two gallons or four cubic feet of Solid Waste, and weigh no more than 65 pounds when filled. In addition, a Solid Waste Unit shall not exceed two feet by two feet by five feet (2' x 2' x 5') in dimension. Unlocking: "Unlocking" means a flat fee unposed by a solid waste collection company when the company's personnel must unlock padlocks or other locking devices to perform pickup services. WUTC: "WUTC" means the Washington Utilities and Transportation Commission. Comprehensive Solid Waste Collection Agreement, Exhibit A Page 4 Page 47 of 459 Exhibit B City Service Area Comprehensive Solid Waste Collection Agreement, Exhibit B Page 1 Page 48 of 459 Exhibit C Rate Schedule Comprehensive Solid Waste Collection Agreement, Exhibit C Page 49 of 459 20 -Oct -15 Page 2 Index of Items Index Index by Item Index Index by Topic Item 5 Application of Rates - Taxes Item 40 Material Requiring Special Equipment, Precautions, or Disposal Item 45 Material Requiring Special Testing and/or Analysis Item 50 Returned Check Charges Item 51 Restart Fees Item 53 New Customer Prepayments Item 70 Return Trips Item 80 Carryout Service Item 100 Residential Can/Unit Service, Curbside Recycling, Greenwaste Service Item 100 Residential Can/Unit Service, Curbside Recycling, Greenwaste Service Item 150 Loose and/or Bulky Material Item 160 Time Rates Item 200 Application of Detachable Container and/or Drop Box Rates - General Item 205 Roll -Out Charges - Residential Carts and Detachable Containers Item 207 Excess Weight - Rejection of Load, Overweight Charges to Transport Item 2.10 Washing and Sanitizing Residential Carts, Detachable Containers and Drop Boxes Item 230 Disposal Fees Item 240 Container Service - Non -compacted Cart Item 240 Container Service - Non -compacted Container Item 255 Container Service - Compacted - Customer -owned Container Item 260 Drop Box Service - Non -Compacted - Company -Owned Drop Box Item 270 Drop Box Service - Compacted - Company -Owned Drop Box Page 2 3 4 6 6 7 9 10 11 12 13 14 15 16 17 18 19 21 22 23 Page 50 of 459 20 -Oct -15 Page 3 Index of Tonic Page 51 of 459 Item No Pa Indexby Item...................................-.......................................................................... 2 Indexby Topic............................................................................................................. 3 BulkyMaterial.................................................................... ........................... 150 11 Carryoutservice........................................................................................................... 80 8 Detachable Container service, compacted,............................................................................. 255 21 Detachable Container service, non -compacted, ......................... 240 18 Detachyable Containers and/or Drop Boxes, availability........................................................... 200 13 Detachable Containers and/or Drop Boxes, general rules........................................................... 200 13 Detachable Containers and/or Drop Boxes, washing and sanitizing ...................... . .................... . ... 210 16 Prepayments................................................................................................................ 53 6 Disposal fees ....................................................... .... 230 17 Drop -box service, Compacted . .......................... ................................................................. 270 23 Drop -Box service, Non -Compacted . ..... ............................................... . .................. ............ 260 22 Excess Weight - Rejection of Load, Overweight Charges to Transport ........................................... 207 15 ResidentialService........................................................................................................ 100 9 RestartFees .................... . . ........................................................................................... 51 6 ReturnTrips................................................................................................................ 70 7 . ................ Roll-out charges.................................................................................. ......... 205 14 Timerates.................................................................................................................. 160 12 Page 51 of 459 20 -Oct -15 Item 5 Item 5 -- Application of Rates -- Taxes Page 4 Entity imposing tax: I Descriptio Amount of tax: I Application (Commodities) City of Pasco Pasco Utility Tax 8.50% Applicable Customers - Revenue State of Washington Wa Solid Waste Tax 3.50% Applicable Customers - Revenue Note 1: The rates defined within this Exhibit C include the Pasco Utility Tax of 8.5%. Note 2: The Washington State Solid Waste Tax will be applied as a line item to the rates as defined within this Exhibit C. Page 52 of 459 20 -Oct -15 Page Items 40, 45, 50 Item 40 Material Requiring Special Equipment, Precautions, or Disposal Transportation of solid waste requiring special equipment or precautions in handling or disposal will be subject to Time Rates named in Item 160, or to other specific rates contained in this appendix. Contractor will make every effort to be aware of the commodities that require special handling at the disposal sites. The Contractor shall maintain a list of those commodities and make it available for public inspection at the Contractor's office. Item 45 -- Material Requiring Special Testing acrd/or Analysis When the Contractor or disposal facility determines that testing and/or analysis of solid waste is required to determine whether dangerous or prohibited substances are present, the actual cost for such testing and/or analysis will be paid by the customer. At the Contractor's election, they may help provide the customer with testing and/or analysis of the dangeous or prohibited substance. If the Contractor elects to help with the testing and anaylsis, these costs will be passed through to the customer. Item 50 -- Returned Check Charges Returned Check Charge. If a customer pays with a check, and the customer's bank refuses to honor that check, the customer will be assessed a Return Check Charge in the amount of $35.00. Page 53 of 459 20 -Oct -15 Page 6 Items 51 and 53 Item 51 -- Restart Chargle A Restart Charge will be assessed on all customers whose service is discontinued for non-payment and who subsequently reinstate services. Restart Charges are as follows: A Restart Charge of $43.40 will be assessed to Residential Cart customers whose service is discontinued for non-payment. Please see Item 100. A Restart Charge of $43.40 will be assessed to Detachable Container customers whose service is discontinued for non-payment. Please see Item 240. A Restart Charge of $43.40 will be assessed to Drop Box customers whose service is discontinued for nonpayment. Please see Item 260. Item 53 -- Prepayments for Residential, Commercial, Drop Box and Temporary Customers A Prepayment of $35.00 will be assessed to all first time (new) Residential Customers. The prepayment will be applied to the customer's account in the event of non-payment, after one year of service, or be returned to the customer upon termination of the residential service. Please see Item 100. A Prepayment is equal to the first month's cost of service, and will be assessed to all first time (new) Commercial Customers. The prepayment will be applied to the customer's account in the event of nonpayment, after one year of service, or be returned to the customer upon termination of the commercial service. Please see Item 240 & 255. A Prepayment of $250.00 will be assessed to first time (new) Drop Box Customers. The prepayment will be applied to the customer's account in the event of non-payment, after one year of service, or be returned to the customer upon termination of the Drop Box service. Please see Item 260 & 270. A Prepayment will be assessed for each given Temporary Service, and will be assessed at the time the customer signs up for the Temporary Service. The Prepayment will be applied to the customer`s account upon termination of the Temporary Service. Please see Items 240 & 260 Page 54 of 459 20 -act -15 Item 70 Item 70 -- Return Trips Page When the Contractor is required to make a Return Trip, that does not require the special dispatch of a truck, to pick up material that was unavailable for collection for reasons under the control of the customer, the following additional charges, per pickup, will apply: Type of Container Return Trip Charge Residential Cart (Senior only), 64 gallons ............. $ 11.00 Residential Cart, 96 gallons ............. $ 11.00 Detachable Container (Container) ............. $ 21.85 Page 55 of 459 20 -Oct -15 Item 80 Item 84 -- Carry -Out Service Page Contractor will assess the following additional charges when customers request that Contractor personnel provide Carry -Out Service of Residential Cans/Units not placed at the curb, the alley, or other point where the Contractor's vehicle can be driven to within five feet of the Residential Cans/Units using improved access roads commonly available for public use. Driveways are not considered improved access roads commonly available for public use. Carry -Out Charge Commercial Rates Per Unit, Per Pickup 64 or 96 gallon Cart $ 3.25 that must be carried out over 5 feet, but not over 25 feet. Page 56 of 459 20 -Oct -15 Page Item 100 Item 100 -- Residential Service -- Monthly Rates (continued on next page) Rates below apply in the following service area: City of Pasco Number of Frequency Garbage Recycle Greenwaste Units or Type of Service Service Service of Residential Carts Service Rate Rate Rate (1) 64 gallon Residential Cart (Senior/Low Income Only) WG $ 9.22 #NIA #NIA (1) 96 gallon Residential Cart WG $ 18.45 #N/A #NIA (1) Multi Family/Duplex 96 gallon Residential Cart WG $ 18.45 #N/A #N/A Each Additional 96 gallon Residential Cart WG $ 1.90 #N/A #N/A Frequency of Service Codes: WG=Weekly Garbage; NA=Service is not available at this time Page 57 of 459 20 -Oct -15 Page 10 Item 100 Item 100 -- Residential Service -- Monthly Rates continued from previous Page) Type of service Rate Prepayment Charge $ 35.00 Restart Charge $ 43.40 Return Trip Charge $ 11.00 Carry Out Service- up to 25 feet $ 3.25 Replacement Cart Charge $ 85.00 Return Check Charge $ 35.00 Freon Discharge Charge (Appliances) $ 35.00 Passenger Tire Charge $ 5.00 Truck Tire Charge $ 10.00 Note 1: A Prepayment Charge of will be assessed to a first time (new) Residential Customers. The prepayment will be applied to the customer's account in the event of non-payment, after one year of service, or be returned to the customer upon termination of the residential service. Please see Item 53. Note 2: A Restart Charge will be assessed on all customers whose service is discontinued for non-payment and who subsequently reinstate services. Please see Item 51. Note 3: If the customer requests the Contractor to make a Return Trip Charge due to no fault of Contractor, Contractor shall be permitted to charge the Customer a Return Trip Charge Please see Item 70. Note 4: Contractor will assess additional charges (Item 80) when customers request that Contractor personnel provide Carry -Out Service of Residential Cans/Units not placed at the curb, the alley, or other point where the company's vehicle can be driven to within five feet of the Residential Cans/Units using improved access roads commonly available for public use. Driveways are not considered improved access roads commonly available for public use. Note 5: If any customer who destroys a Can, does not return the Cart upon termination, or service is shut off for non-payment and they refuse to surrender the Cart a Replacement Cart Charge will be charged. Note 6: If a customer pays with a check, and the customer's bank refuses to honor that check, the customer will be assessed a Return Check Charge. Note 7: If a customer requests Contractor to pick up any appliance that contains freon the customer will be charged a Freon Discharge Charge. Note 8: If a customer disposes of more than 4 passenger car tires, with or without rims, the Contractor will charge an additional Passenger or Truck Tire Charge. Page 58 of 459 20 -Oct -15 Page 11 Item 150 Item 150 -- Units, Bulky Material & Appliances, Furniture Rate Solid Waste Unit $ 3.80 per unit Bulky Materials $ 14.15 per cubic yard Appliances, Furniture Items $ 14.15 per stem Minimum Charge Per Pickup NIA $ 14.15 $ 14.15 Freon Discharge Charge $ 35.00 per item NIA Note 1 "Solid Waste Units" and "Bulky Materials" charges only apply when items are not properly contained for collection as defined in section 5.1.1 of the contract. Please see below referenced Notes 2 and 3 for definition of sizes and containment of solid waste and bulky items. Note 2: "Bulky Materials" means bags, boxes, or bundles; or empty carriers, cartons, crates or materials offered for disposal all of which may be readily handled without shoveling (not loose, uncontained materials). Individual items shall not exceed two feet by two feet by five feet (2'x Tx 5') in dimension, and not weigh more than 65 pounds. Note 3: "Solid Waste Unit" is defined in the Comprehensive Solid Waste Agreement, but generally means any individual receptacle, can, plastic bag, cart, box, carton, or other container that does not hold more than 32 gallons or 4 cu ft of solid waste, and which does not weight more than 65 pounds when filled. Note 4: Appliances will be charged at the per item rate noted above. If the Appliance has freon, the Freon Discharge Charge will also be applied. Page 59 of 459 0 -Oct -15 Item 160 Item 160 -- Time Rates Page 12 When time rates apply. Time Rates named in this Item apply: (a) When material must be taken to a special site for disposal; (b) When the Contractor's equipment must wait at, or return to, a customer's site to provide scheduled service due to no disability, fault, or negligence on the part of the company. Actual waiting time or time taken in returning to the site will be charged for; or (c) When a customer orders a single, special, or emergency pickup, or when other items in this tariff refer to this Item. How rates are recorded and charged. Time must be recorded and charged for to the nearest increment of 15 minutes. Time rates apply for the period from the time the Contractor's vehicle leaves the terminal, until it returns to the terminal, or or when it leaves its pre -scheduled route and drives towards the Customer's site, excluding interruptions. An interruption is a situation causing stoppage of service that is in the control of the company and not in the control of the customer. Examples include: work breaks, breakdown of equipment, and similar occurrences. Disposal fees in addition to time rates. Item 230 Disposal Fees for the disposal site or facility used will apply in addition to time rates. Type of Equipment ordered Single rear drive axle: Tandem rear drive axle: Truck and Driver $ 60.00 $ 95.00 Rate Per Hour Each Extra Person $ 40.00 $ 47.50 Minimum Charge $ 40.00 $ 47.50 Page 60 of 459 20 -Oct -15 Page 13 Item 200 Item 200 -- Detachable Containers and/or Drop Boxes -- General Rules Availability. Contractor must maintain a supply of all sizes of Containers and Drop Boxes for which rates are listed in this Appendix. If a customer requests a Container or Drop Box of a size listed in the Contractor's Appendix, and the Contractor is unable to provide the requested size within 7 days of the customer request, the customer must be notified in writing or by telephone. Alternate -sized Containers and/or Drop Boxes. If the Contractor cannot provide the requested - sized Container or Drop Box (and that size is listed in this exhibit), the Contractor must provide alternate -sized Containers or Drop Boxes, sufficient to meet the capacity originally requested by the customer, at the same rates as would have applied for the requested Container or Drop Box. Disposal fees due on alternate -sized Drop Boxes. If the Contractor provides alternate -sized Drop Boxes, the customer is responsible for all applicable disposal fees resulting from the use of the alternate Drop Boxes. Rates on partially -filled Containers and/or Drop Boxes. Full pickup and rental rates apply regardless of the amount of waste material in the Container or Drop Box at pickup time. Rates for compacted materials. Rates for compacted material apply only when the material has been compacted before its pickup by the Contractor (See Section 4.25 of Contract).. Rates for loose material. Loose material dumped into the Contractor's packer truck is subject to the rates for non -compacted material even though the material may be compacted later in the packer truck. Permanent and Temporary Service. The following rules apply; (a) If a customer requests a Container or Drop Box for less than 90 days, the customer will be billed at Temporary Service rates. (b) If a Temporary Service customer notifies the Contractor that it has decided to retain the Container or Drop Box for more than 90 days, Permanent Service rates will be assessed from the 91st day until the end of the period the customer retains the Container or Drop Box. (c) If a customer requests a Container or Drop Box for more than 90 days, the customer will be billed under permanent rates. If that customer cancels service before the end of the 90 -day period, the company may not rebill the customer at Temporary Service rates. The intent of the customer at the time service was requested applies. Page 61 of 459 MIXONB I Item 205 Item 205 -- Roll -Out Charge, and Gate Charge Charges for Carts and Containers Page 14 The Contractor will assess Roll -Out Charges where, due to circumstances outside of the control of the driver, the driver is required to move the Cart or Container more than five (5) feet, but less than twenty-five (25) feet in order to reach the truck. The charge for this Roll -Out Charge is: $3.25 per Cart or Container, per pickup The Contractor will assess a Gate Charge where the driver is required to unlock a container, locking bar, enclsoure or open a gate in order to access a Cart or Container. The charge for this Gate Charge is: $3.25 per pickup Page 62 of 459 20 -Qct -15 . Page 15 Item 207 Item 207 -- Excess Weight -- Rejection of Load, Charges to Transport The Contractor reserves the right to reject pickup of any Detachable Container, stationary packer, or Drop Box which, upon reasonable inspection: (1) Appears to be overloaded. (2) Would cause applicable vehicle load limitations to be exceeded; (3) Would cause the company to violate load limitations or result in unsafe vehicle operation; (4) Would negatively impact or otherwise damage road surface integrity; and/or (5) Contains anything that appears not to be MSW or could do damage to the vehicle. For the purposes of this Appendix the following maximum weights apply: Type/Size of Container, Drop Box, or Cart Carts - 64 Gallon Carts - 96 Gallon Detachable Containers - 1 to 8 cu yds Drop Boxes - All Sizes Maximum Weight Allowance per Receptacle (in pounds) 120 Ibs 180 lbs 1,200 lbs 20,000 lbs Overfilled or overweight, charges if transported. If the Container, Drop Box, or Cart exceeds the limits stated above, is filled beyond the marked fill line, or the top is unable to be closed, but the Contractor transports the materials, the following additional charges will apply: Type/Size of Container, Drop Box, or Cart Charge Carts - All Sizes $5.00 Per Pickup Detachable Container - 1 to 8 cu yds $14.15 Per Yard Drop Boxes - All Sizes $14.15 Per Yard Compacted material $28.30 Per Yard Page 63 of 459 20 -Oct -I5 Page 15 Item 210 Item 210 — Washing and Sanitizing Detachable Containers and/or Drop Boxes Upon customer request, the Contractor will provide washing and sanitizing service at the following rates: Size or Type of Container or Drop Box Rate Steam Cleaning - Detachable Container $ 40.50 Steam Cleaning - Drop Box $ 100.50 Note 1; The rate for washing and sanitizing Detachable Containers and Drop Boxes includes the fee for delivering the newly cleaned Detachable Container or Drop Box back to the customer's location. Page 64 of 459 20 -Oct -15 Item 230 Item 230 -- Disposal Fees Page 17 Charges in this item apply when other items in this Appendix specifically refer to this item. Type of Material Fee for Disposal MSW $ 44.31 Green Waste #NIA Commingled Recycle #NIA Note 1: The Disposal Fee includes the Pasco Utility Tax of 8.5% Page 65 of 459 20 -Oct -15 Item 240 Item 240 -- Commercial Cart Service -- Dumped in Company's Vehicle Non -compacted Material Rates stated per Commercial Cart per month Service Area: City of Pasco Permanent Service Pickup - One Time per Week Pickup - Two Times per Week Special Pickups Additional Pickup Return Trip Charge Restart Charge Temporary Service Size or Tvpe of Container 64 Gal Cart 96 Gal Cart $ 21.70 $ 40.15 $ 43.40 $ $0.30 $ 16.00 $ 20.27 $ 5.00 $ 9.27 $ 11.00 $ 11.00 $ 43.40 $ 43.40 Delivery $ 11.00 $ 11.00 Pickup Rate $ 7.00 $ 1297 Rent Per Calendar Day $ 5.50 $ 5.50 Prepayment $ 35.00 $ 35.00 Page is Note1: Permanent Service: Service is defined as no less than scheduled, every week pickup, Customer will be charged for service requested, even if fewer containers are serviced on a particular trip. No credit will be given for partially -filled containers. Note 2: Permanent Service: A Prepayment of $35.00 will be assessed to all first time (new) Commercial Customers. The Prepayment will be applied to the customer's account in the event of non-payment, after one year of service, or be returned to the customer upon termination of the commercial service. Note 3: Special Pickup is the Each Addt'1 Pickup rate plus Item 70 Return Trip - Carts. Note 4: Restart subject to Item 51 - Restart Charges Note 5: A Prepayment will be assessed on Temporary Service accounts as noted above. Accessorial Charges (lids unlocking, unlatching, etc.) Note 6: A Gate Charge of $3.25 will be assessed on each pickup where the driver is required to unlock a container, Iocking bar, enclosure or open a gate in order to access a Cart or Container. Note 7: A Return "Trip Charge of $11.00 will be assessed when the company driver is required to make a return trip, that does not require the special dispatch of a truck, to pick up a Cart or material that was unavailable for collection for reasons under the control of the customer. Page 66 of 459 20 -Oct -15 Page 19 Item 240 Item 240 - Detachable Container Service - Dumped in Company's Vehicle (continued) Non -compacted Material Rates stated per Detachable Container, per month Service Area: City of Pasco Temporary Service Delivery #NIA Size or Type of Container $ 21.85 $ 21.85 $ Permanent Service 1.5 Yard 2 Yard 3 Yard 4 Yard 6 Yard 8 Yard Pickup - One Time per Week $ 110.00 $ 130.00 $ 150.00 $ 185.00 $ 235.00 $ 300.00 Pickup - Two Times per Week $ 212.00 $ 250.00 $ 290.00 $ 365.00 $ 465.00 $ 585.00 Pickup - Three Times per Week $ 320.00 $ 375.00 $ 435.00 $ 540.00 $ 690.00 $ 880.00 Pickup - Four Times per Week $ 425.00 $ 495.00 $ 570.00 $ 705.00 $ 910.00 $1,150.00 Pickup - Five Times per Week $ 520.00 $ 610.00 $ 705.00 $ 870.00 $ 1,140.00 $1,425.00 Special Pickups $ 47.24 $ 51.85 $ 56.47 $ 64.55 S 76.08 $ 91.09 Additional Pickup $ 25.39 $ 30.00 $ 34.62 S 42.70 $ 54.23 S 69.24 Return Trip Charge $ 21.85 $ 21.85 $ 21.85 $ 21.85 $ 21.85 $ 21.85 Restart Charge $ 43.40 $ 43.40 $ 43.40 $ 43.40 $ 43.40 $ 43.40 Temporary Service Delivery #NIA #NIA $ 21.85 $ 21.85 $ 21.85 $ 21.85 Pickup Rate #NIA #NIA $ 55.25 $ 65.25 $ 80.25 $ 100.25 Rent Per Calendar Day #NIA #N/A $ 5.50 $ 5.50 $ 5.50 $ 5.50 Prepayment #NIA ##N/A $ 125.00 $ 125.00 $ 125.00 $ 125.00 Notel : Permanent Service: Service is defined as no less than scheduled, every week pickup. Customer will be charged for service requested, even if fewer containers are serviced on a particular trip. No credit will be given for partially -filled containers. Note 2: Special Pickup is the Each Addt'1 Pickup rate plus Item 70 Return Trip - Container Note 3: Restart subject to Item. 51 - Restart Charges Note 4: Permanent Service: A Prepayment is equal to the first month's cost of service, and will be assessed to all first time (new) Commercial Customers. The prepayment will be applied to the customer's account in the event of non-payment, after one year of service, or be returned to the customer upon termination of the Commercial Service. Please see Items 240 and 255. Note 5: A Prepayment will be assessed on Temporary Service accounts as noted above. Page 67 of 459 20 -Oct -15 Page 20 Item 240 Accessorial Charees (lids, unlocking, unlatching, etc.) Note b: A Gate Charge of $3.25 will be assessed on each pickup where the driver is required to unlock a container, locking bar, enclosure or open a gate in order to access a Cart or Container. Note 7: A Return Trip Charge of $21.85 will be assessed when the company driver is required to make a return trip, that does not require the special dispatch of a truck, to pick up a Container or material that was unavailable for collection for reasons under the control of the customer. Note 8: If customer requires a Locking Container, a one time fee of $95.00 will be assessed. Page 68 of 459 20 -Oct -15 Pabe 21 Item 255 Item 255 -- Detachable Container Service -- Dumped in Company's Vehicle Compacted Material Rates stated per Detachable Container, per mouth Service Area: City of Pasco Note 3: Restart subject to Item 51 -Restart Charge. Note 4: Permanent Service: A Prepayment is equal to the first month's cost of service, and will be assessed to all first time (new) Commercial Customers. The prepayment will be applied to the customer's account in the event of non-payment, after one year of service, or be returned to the customer upon termination of the Commercial Service. Please see Items 240 and 255. Accessorial charges assessed (lids, unlocking, unlatching, etc.) Note 5: A Gate Charge of $3.25 will be assessed on each pickup where the driver is required to unlock a container, locking bar, enclosure or open a gate in order to access a Cart or Container. Note 6: A Return Trip Charge of $21.85 will be assessed when the company driver is required to make a return trip, that does not require the special dispatch of a truck, to pick up a Cart or Container or material that was unavailable for collection for reasons under the control of the cnrtnmer. Note 7: A Disconnect/Reconnect Pee of $3.25 per pickup will be assessed when Containers are attached to a compactor that requires disconnecting or reconnecting. Page 69 of 459 Size or Type of Container Permanent Service 2 Yard 3 Yard 4 Yard 6 Yard Pickup - One Time per Week $ 170.35 $ 205.35 $ 250.35 $ 325.35 Pickup - Two Times per Week $ 340.70 $ 410.70 $ 500.70 $ 650.70 Special Pickups $ 61.19 $ 69.27 $ 79.67 $ 96.99 Additional Pickup $ 39.34 $ 47.42 $ 57.82 $ 75.14 Return Trip Charge $ 21.85 $ 21.85 $ 21.85 $ 21.85 Restart Charge $ 43.40 $ 43.40 $ 43.40 $ 43.40 Note 1: Permanent Service: Service is defined as no less than scheduled, every week pickup. Customer will be charged for service requested, even if fewer containers are serviced on a particular trip. No credit will be given for partially -filled containers. Note 2: Special Pickup is the Each Addt'l Pickup rate plus Item 70 Return Trip - Container. Note 3: Restart subject to Item 51 -Restart Charge. Note 4: Permanent Service: A Prepayment is equal to the first month's cost of service, and will be assessed to all first time (new) Commercial Customers. The prepayment will be applied to the customer's account in the event of non-payment, after one year of service, or be returned to the customer upon termination of the Commercial Service. Please see Items 240 and 255. Accessorial charges assessed (lids, unlocking, unlatching, etc.) Note 5: A Gate Charge of $3.25 will be assessed on each pickup where the driver is required to unlock a container, locking bar, enclosure or open a gate in order to access a Cart or Container. Note 6: A Return Trip Charge of $21.85 will be assessed when the company driver is required to make a return trip, that does not require the special dispatch of a truck, to pick up a Cart or Container or material that was unavailable for collection for reasons under the control of the cnrtnmer. Note 7: A Disconnect/Reconnect Pee of $3.25 per pickup will be assessed when Containers are attached to a compactor that requires disconnecting or reconnecting. Page 69 of 459 20 -Oct -15 Item 260 Item 260 -- Drop Box Service -- To Disposal Site and Return Non -Compacted Material Rates stated per Drop Box, per pickup Service Area: City of Pasco Permanent Service Delivery Charge Haul Charge Trip Charge Minimum Monthly Charge Prepayment Restart Charge Temporary Service 11 Yard/15 Yard $ 55.00 $ 140.00 $ 55.00 $ 140.00 $ 250.00 $ 43.40 Page Size or Type of Container 20 Yard 30 Yard 40 Yard $ 55.00 $ 55.00 $ 55.00 $ 145.00 $ 150.00 $ 160.00 $ 55.00 $ 55.00 $ 55.00 $ 145.00 $ 150.00 $ 160.00 $ 250.00 $ 250.00 $ 250.00 $ 43.40 $ 43.40 $ 43.40 22 50 Yard $ 55.00 $ 170.00 $ 55.00 $ 170.00 $ 250.00 $ 43.40 Delivery Charge $ 55.00 $ 55.00 $ 55.00 $ 55.00 $ 55.00 Haul Charge $ 140.25 $ 145.25 $ 150.25 $ 160.25 $ 170.25 Trip Charge $ 55.00 $ 55.00 $ 55.00 $ 55.00 $ 55.00 Daily Rental Charge $ 7.50 $ 7.50 $ 7.50 $ 7.50 $ 7.50 Prepayment $ 250.00 $ 250.00 $ 250.00 $ 250.00 $ 250.00 Note 1: Rates in this item are subject to Disposal Fees named in Item 230. Note 2: Temporary Service: means providing Drop Box service at the customer's request, for a period of ninety days or less. Permanent Service: means Drop Box service provided at customer's request for more than 90 days. Note 3: For Permanent Service accounts, if Drop Box is retained by a customer for a full month and no pickups are ordered, a Minimum Monthly Charge will be assessed. Note 4: Restart subject to Item 51 - Restart Charge - Drop Box. Note 5: Rates named in this item apply for all hauls within the City Limits of Pasco, to the disposal site. Any miles driven outside the City limits of Pasco will be charged for at ,$3.25 per mile. Mileage Charge is in addition to all regular charges. Note 6: A Prepayment will be assessed on Temporary Service accounts as noted above. Accessorial charges assessed (lids, unlocking, unlatching, etc.) Note 7: A Gate Charge of $3.25 will be assessed on each pickup where the driver is required to unlock a container, locking bar, enclosure or open a gate in order to access a Cart or Container. Note 8: A Trip Charge of $55.00 will be assessed when the company driver makes a trip to the customer's location, but due to reasons under the control of the customer, was not able to complete the haul. Page 70 of 459 20 -Oct -15 Page 23 Item 270 Item 270 -- Drop Box Service -- To Disposal Site and Return Compacted Material Rates stated per Drop Box, per ;pickup Service Area: City of Pasco Size or Type of Container Permanent Service 15 Yd 20 Yd 20 Yd 30 Yd/35 Yd 40 Yd Delivery Charge $ 55.00 $ 55.00 $ 55.00 $ 55.00 $ 55.00 Haul Charge $165.00 $ 165.00 $165.00 $ 165.00 $ 165.00 Trip Charge $ 55.00 $ 55.00 $ 55.00 $ 55.00 $ 55.00 Prepayment $250.00 $ 250.00 $250.00 $ 250.00 $ 250.00 Restart Charge $ 43.40 $ 43.40 $ 43.40 $ 43.40 $ 43.40 Note 1: Rates in this item are subject to Disposal Pees named in Item 230. Note 2: If a Drop Box is retained by a customer for a full month and no pickups are ordered, and the Drop Box is owned by the Contractor, a Monthly Charge will be assessed. Note 3: Restart subject to Item 51 - Restart Charge - Drop Box Note 4: Rates named in this item apply for all hauls within the City Limits of Pasco, to the disposal site. Any miles driven outside the City limits of Pasco will be charged for at $3.25 per mile. Mileage Charge is in addition to all regular charges. Accessorial charges assessed (lids, unlocking, unlatching, etc.) Note 5: A Gate Charge of $3.25 will be assessed on each pickup where the driver is required to unlock a container, locking bar, enclosure or open a gate in order to access a Cart or Container. Note 5: A Compactor Disconnect/Reconnect Charge of $3.25 per haul will be asessed when Drop Boxes with compactors require connecting or disconnecting. Note 7: A Turn Around Charge of $30.00 per haul will be assessed when company driver has to turn the Drop Box around in order to empty and/or re -connect the Drop Box, Note 8: A Trip Charge of $55.00 will be assessed when the company driver makes a trip to the customer's location, but due to reasons under the control of the customer, was not able to complete the haul. Page 71 of 459 Exhibit D WACOD Adjustment Formula The following definitions apply to the calculation of the WACOD Adjustment: If the following is true: Change in Volume = (TONScp- TONSBp )/TONSBp>= 5% Then, the following calculation shall be made by the Contractor: WACOD Adjustment = WACOD Expense X WACOD Change The following definitions shall apply to the above formulas: • WACOD Expense = the proportion of approved rates attributable to gross Solid Waste disposal expense, hereby fixed at %. • WACOD Change = (WACODcp- WACODBp)/WACODBP • WACODBP = MSWBp X TONSMsw-Jap + RCYBp X TONSRCY-BP + GRNBP X TONSoRN_ Bp • WACODCP= MSWCp X TONSmsw-cP + RCYCp X TONSRCY-Cp + GRNCp X TONSGRN- Ciry Planner • TONSBP = TONSmsw-BP+ TONSRCY-BP + TONSGRN-BP • TONSCp = TONSmsw-cp + TONSRCY-CP + TONSGRN-cp • MSWBP =Contractor's disposal rate for Solid Waste during the Base Period • TONSMsw-BP=Volume of Solid Waste collected during the Base Period • RCYBp= Contractor's processing rate for Recyclable Materials during the Base Period • TONSRCY-BP=Volume of Recyclable Materials processed during the Base Period • GRNBP= Contractor's processing rate for Green Waste during the Base Period • TONSGRN-BP =Volume of Green Waste processed during the Base Period • MSWCP = Contractor's disposal rate for Solid Waste during the Comparison Period • TONSMsw-cP = Volume of Solid Waste collected during the Comparison Period • RCYCp = Contractor's processing rate for Recyclable Materials during the Comparison Period • TONSRCY-CP =Volume of Recyclable Materials processed during the Comparison Period • GRNCp = Contractor's processing rate for Yard Waste during the Comparison Period • TONSGRN-CP =Volume of Yard Waste processed during the Comparison Period If the City has not added separate collection services for Recyclable Materials and/or Yard Waste during the Base Period, then the values for those respective variables representing the volume of such materials will be set to zero, and shall remain zero for the term of this Contract, i.e.: TONSRCY-BP = TONSGRN-BP = 0 Comprehensive Solid Waste Collection Agreement, Exhibit D Page 1 Page 72 of 459 Until such time as the City adds separate collection service for Recyclable Materials and/or Yard Waste, the values for those respective variables representing the volume of such materials will be set to zero, i.e.; TONSRCY_Cp = TONSCRN_Cp = 0 In either case, the volume of the Recyclable Materials and Yard Waste shall be included in the measured volume of Solid Waste until such time as the City implements such separate collections services. Comprehensive Solid Waste Collection Agreement, Exhibit D Page 2 Page 73 of 459 Exhibit E Service Accord The Solid Waste Services that the Contractor will provide to the City at NO Direct Costs are as follows: (1) Solid Waste gathered by the City from alley clean-ups; (2) Solid Waste gathered by the City from street sweeping; (3) Solid Waste gathered by the City from sewer debris; and (4) Solid Waste gathered by the City and deposited in specially designated Drop -Box Containers supplied by Contractor. These Solid Waste Services at No Direct costs include hauling and tip fees. The Solid Waste Services at NO Direct Costs are limited to 1,500 tons (Base Tonnage) in any calendar year. See section 5.4 of the contract for more details. The eligible Solid Waste Service locations within the City are as follows: (1) The City Shop(s) 1025 South Grey, Pasco, WA 99301 (2) The City Yard(s) Rd 108 and Crescent, Pasco, WA 99301 Comprehensive Solid Waste Collection Agreement, Exhibit E Page 1 Page 74 of 459 Exhibit F Fuel Surcharge City of Pasco 1 Base Fuel Expense Base Fuel Expense 2 Percentage Increase in Cost of Fuel Current Fuel Price Minus Base Fuel Price Equals Fuel Price Difference Divided By Base Fuel Price (Line 6) Equals Fuel Percent Change Fuel Surcharge 3 Calculation 5.87% Fixed $ 3.79 Variable - $ 3.79 Fixed Base Fuel Expense (Line 1) Multiplied By Percent Change in Fuel Price x Fuel Surcharge $ - Variable $ 3.79 Fixed 0.00% Variable C 0'7n/ Comprehensive Solid Waste Collection Agreement, Exhibit F Page 1 Page 75 of 459 Exhibit G Curbside Recycling Provisions (Page intentionally left blank) Comprehensive Solid Waste Collection Agreement, Exhibit G Page 1 Page 76 of 459 Exhibit H Curbside Recycling Provisions (Page intentionally left blank) Comprehensive Solid Waste Collection Agreement, Exhibit G Page 1 Page 77 of 459 Exhibit J Electronic Waste Collection Provisions (E -Waste) (Page intentionally left blank) Comprehensive Solid Waste Collection Agreement, Exhibit J Page 1 Page 78 of 459 AGENDA REPORT FOR: City Council October 21, 2015 TO: Dave Zabell, City Manager Workshop Meeting: 10/26/15 FROM: Stan Strebel, Deputy City Manager SUBJECT: Design and Construction Management Services Agreement for City Hall Remodel Project I. REFERENCE(S): Proposed Agreement Summary Sheet IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Approximately $96,000 IV. HISTORY AND FACTS BRIEF: Upon completion of the Police Community Services Building in mid 2016, a significant portion of City Hall will be vacated following the move by the Police Department. The same growth and corresponding increase in demand for public services that precipitated the need for the Police Community Services Building has similarly impacted the other departments operating out of City Hall. The recently adopted Capital Improvement Plan (CIP) includes a project for the renovation of portions of City Hall to accommodate current and future space and functional deficiencies associated with the building. CKJT Architects provided the original design and construction management services when the building was renovated for City use in 1995. The firm also provided services for a significant remodel in 2003 as well as some minor projects since that time. Because of their familiarity with, and past successes associated with the facility building, staff is recommending that CKJT is the most qualified firm to undertake the 2016 remodel project as well. The attached Professional Services Agreement summary provides an outline of the Page 79 of 459 proposed services and compensation. As the project is a remodel, the construction cost is likely to be subject to a greater number of variables compared to new construction. The current owners/partners of CKJT have arranged to sell the firm to two existing associates, both of whom have extensive experience with the City Hall building. For the two reasons above, the proposed agreement has been structured to provide for fixed fee payments for: A) pre -design ($5,000); B) schematic design ($12,000); and C) design development services ($17,000), with A and B being completed prior to December 31, 2015. Construction services (documents, bidding and construction administration services) will be payable based on a percentage (5.5%) of construction cost which is common in the industry. Given the variable nature of remodel projects and the phasing that will be necessary during construction, so as to minimize disruption in the workplace, the percentage basis is viewed as a reasonable method to determine compensation for the architect's services for construction. Given the current rough estimate of $1.4 million ($1.1 million basic construction cost) for the project, the estimated cost for professional design and construction administration services is estimated at approximately $96,000. V. DISCUSSION: Staff recommends approval of the Agreement. Page 80 of 459 Professional Services Agreement (Summary Sheet) Project: Design and Construction Management Services Agreement for City Hall Remodel Prod ect Consultant: CKJT Architects Address: 128 Vista Way, Kennewick, WA 99336 Scope of Services: Pre -design and as -built services; schematic design; design development; construction documents: biddiniz: construction administration. Term: 24 months Completion Date: November 2017 Payments to Consultant: ❑ Hourly Rate: $ ® Fixed Sum of: $34,000 (pre -design, schematic design, design development) © Other: 5.5% Construction cost (construction documents, bidding, construction administration) Insurance to be Provided: 1. Commercial General Liability: ❑ $1,000,000 each occurrence; ❑ $2,000,000 general aggregate; or ❑X $1,000,000 each occurrence; and $200,000,000 general aggregate 2. Professional Liability: ® $1,000,000 per claim; ® $1,000,000 policy aggregate limit; or ❑ $ per claim; and $ per policy aggregate limit Other Information: Ownership of the firm will change on January 1, 2016, however new owners/partners are current associates in the firm and have been involved in multiple prior projects involving City Hall construction and renovation. Signature by: ❑ Mayor ® City Manager Page 81 of 459 AGENDA REPORT FOR: City Council October 19, 2015 TO: Dave Zabell, City Manager Workshop Meeting: 10/26/15 FROM: Bob Gear, Fire Chief Fire Department SUBJECT: Interlocal Agreement for Automatic Aid Response I. REFERENCE(S): Interlocal Agreement for Automatic Aid Response II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Offset of services between participating agencies. IV. HISTORY AND FACTS BRIEF: The City of Pasco currently receives and provides automatic aid for fire suppression and ambulance services through an Interlocal Agreement (ILA) among several Tri - Cities agencies, primarily the cities of Kennewick and Richland and the three neighboring Benton County Fire Districts. The recently ratified ILA between the City and Franklin County Fire District #3 provides that Franklin County Fire District #3 become a signatory to the aforementioned ILA for automatic aid. Automatic aid differs from mutual aid in that it is a dispatch of other agencies units during the initial response to an emergency. Mutual aid requires the responsible agency to be at an emergency and overwhelmed by the emergency before requesting outside assistance. V. DISCUSSION: The prospect of Franklin County Fire District #3 becoming signatory on the Automatic Page 82 of 459 Aid ILA generated discussion from among the signatory agencies about the need to update the agreement to more clearly reflect the current practices and operations. While language of the proposed ILA has been updated from the current agreement to better describe current practices and protocols, the agreement is essentially unchanged in terms of content and responsibilities. The updated agreement also adds Fire/EMS agencies in Benton, Franklin and Walla Walla Counties who are regularly responding together in an automatic aid fashion. The expansion of participating agencies acts as a force multiplier which demonstrates the benefit of regional cooperation as an affordable way to make all of the participating communities within the region safer. Page 83 of 459 INTERLOCAL AGREEMENT FOR AUTOMATIC AID RESPONSE BETWEEN THE CITY OF KENNEWICK, WASHINGTON THE CITY OF PASCO, WASHINGTON THE CITY OF RICHLAND, WASHINGTON WEST BENTON REGIONAL FIRE AUTHORITY, WASHINGTON Benton County Public Hospital District No. 1, Washington BENTON COUNTY FIRE PROTECTION DISTRICT 1, WASHINGTON BENTON COUNTY FIRE PROTECTION DISTRICT 2, WASHINGTON BENTON COUNTY FIRE PROTECTION DISTRICT 4, WASHINGTON BENTON COUNTY FIRE PROTECTION DISTRICT 5, WASHINGTON BENTON COUNTY FIRE PROTECTION DISTRICT 6, WASHINGTON FRANKLIN COUNTY FIRE PROTECTION DISTRICT 3, WASHINGTON AND WALLA WALLA COUNTY FIRE PROTECTION DISTRICT 5, WASHINGTON THIS AGREEMENT is made and entered into this day of ,2015, by and between the City of Kennewick, Washington, the City of Richland, Washington, and the City of Pasco, Washington, hereafter referred to as the "Cities", West Benton Regional Fire Authority (RFA), Benton County Public Hospital District #1, Benton County Fire Protection District #1, Benton County Fire Protection District #2, Benton County Fire Protection District #4, Benton County Fire Protection District #5 Benton County Fire Protection District #6, Franklin County Fire Protection District #3 and Walla Walla County Fire Protection District #5, hereinafter referred to as the "Districts" and collectively referred to as the "Agencies." This Agreement is entered into under the provisions of RCW 39.34, the Interlocal Cooperation Act. I. Recitals WHEREAS, the Cities of Kennewick, Pasco and Richland maintain organized and equipped fire departments and the Districts are organized and equipped, for the benefit of the citizens of their respective jurisdictions; and WHEREAS, it is the purpose of the Interlocal Cooperation Act and this Agreement to permit local governmental organizations to make the most efficient use of their resources by enabling them to cooperate with other government agencies on the basis of mutual advantage; thereby providing services and organizing facilities in a manner, pursuant to appropriate forms of governmental organization, which best fits with geographic, economic, population, and other factors that influence the needs and development of local communities; and INTERLOCAL AGREEMENT FOR AUTOMATIC AID RESPONSE - 1 (10/19/2015) Page 84 of 459 WHEREAS, it has been determined by each of the parties hereto that it would be in the best interests of the citizens of the respective jurisdictions, and of mutual benefit to the delivery of emergency services if, in some circumstances, the services of one agency be extended outside corporate limits of that city or district into another; and WHEREAS, the parties hereto desire to enter into an Automatic Aid Response Agreement, wherein under some circumstances an agency will respond automatically to an emergency incident within the corporate limits of another; and WHEREAS, the parties hereto desire to set forth their rights, duties, and responsibilities with respect to said Automatic Aid Response obligations as allowed by State law; NOW, THEREFORE, For and in consideration of the covenants contained herein, performed, and to be performed, the parties hereto agree as follows: II. Terms and Conditions Section 1. The Districts and the Cities, respectively, shall each provide and maintain suitable commercial general liability and auto liability insurance policies to protect it from casualty losses by reason of the activities contemplated by this Agreement. The limits of liability for each coverage shall be at least $5,000,000 each occurrence. Each City and District shall provide the other with a Certificate of Liability Insurance. LIABILITY: Each agency shall be responsible for the wrongful or negligent actions of its employees while performing or arising out of the performance of this agreement as their respective liability shall appear under the laws of the State of Washington and/or Federal Law and this agreement is not intended to diminish or expand such liability. To that end, each agency promises to hold harmless and release all the other participating agencies from any loss, claim or liability arising from or out of the negligent tortious actions or inactions of its employees, officers and officials. Such liability shall be apportioned among the parties or the other at fault persons or entities in accordance with the laws of the State of Washington. 2. Nothing herein shall be interpreted to: 2.2 Waive any defense arising out of RCW Title 51. 2.3 Limit the ability of a participant to exercise any right, defense, or remedy which a party may have with respect to third parties or the officer(s) whose action or inaction give rise to loss, claim or liability INTERLOCAL AGREEMENT FOR AUTOMATIC AID RESPONSE - 2 (10/19/2015) Page 85 of 459 including but not limited to an assertion that the employee(s) was acting beyond the scope of his or her employment. 2.4 Cover or require indemnification or payment of any judgment against any individual, agency for intentionally wrongful conduct outside the scope of employment of any individual or for any judgment for punitive damages against any individual agency. Payment of punitive damage awards, fines or sanctions shall be the sole responsibility of the individual against whom said judgment is rendered and/or his or her municipal or county district employer, should that employer elect to make said payment voluntarily. This agreement does not require indemnification of any punitive damage awards or for any order imposing fines or sanctions. Section 2. The Districts and Cities hereunder shall maintain suitable workmen's compensation coverage for its own employees without cost to the other parties to this Agreement, and the Districts and Cities shall pay their own personnel, without cost to the other party. Section 3. Each of the parties hereto shall be fully responsible for all repairs, maintenance, and upkeep of all equipment in use pursuant to this Agreement, while said equipment is used outside of its geographical boundaries, said repair, upkeep and maintenance to include gas, oil, lubrication, parts replacement, and repair of casualty damage. Section 4. It is understood and agreed by and between the parties hereto that every effort should be made to become familiar with each other's equipment and only use and operate equipment that they have been trained on. Section 5. It is further understood and agreed by and between the parties hereto that the deployment of agency resources will be done following a pre -determined and agreed method utilizing the most current Computer Aided Dispatch (CAD) methodology. Section 6. It is further understood and agreed by and between the parties hereto that the service mutually agreed to be rendered pursuant to this Agreement shall be Fire, Rescue, and Emergency Medical Services. Section 7. The availability of resources is dependent on many factors and this Agreement will not bind any party to provide services to another in a manner that causes undue risk to the safety of the citizens of the Cities or the Districts, or the employees of the Agencies. The intent of this Agreement is to increase the overall INTERLOCAL AGREEMENT FOR AUTOMATIC AID RESPONSE - 3 (10/19/2015) Page 86 of 459 safety to the citizens of the Cities and the Districts, and the employees of the Agencies, through the pre -planned and coordinated sharing of available resources. Section 8. It is further understood and agreed by and between the parties hereto that, for the purposes of liaison and the administration of this Agreement, there is hereby delegated the authority to the fire chiefs or other representatives appointed by the controlling board of each of the parties to jointly form an administrative board for carrying out this Agreement. It is also understood and agreed that responsibility may be delegated to agents or employees of the respective Agencies to develop and implement deployment plans that meet the intent of this Agreement. Each party to this Agreement shall appoint members to this deployment planning group who are familiar with the process of Computer Aided Dispatch and that each party shall furnish the administrative board, in writing, the names and rank of all participating members. Section 9. It is further understood and agreed that the most senior officer of the first arriving unit will assume command of the incident until relieved by an officer from the jurisdiction having authority. It is recognized that in some situations an agency may be confronted with an incident for which a more qualified incident commander is available from another party to this Agreement. In those situations the senior officer from the host jurisdiction may delegate authority to a more qualified individual to command the incident. However, the host agency will retain responsibility for the incident. Section 10. It is understood and agreed by and between the parties hereto that this Agreement is made with the understanding that no charges will be assessed directly to any of the other parties to this Agreement for services in their primary service area. Section 11. It is also understood that parties to this Agreement provide services to areas within or adjacent to the jurisdiction in which fees for services are charged (example; federal jurisdiction lands). When other parties to this Agreement provide services to those areas, the party responsible for serving those areas agrees to reimburse the other agencies for their services after receiving reimbursement from the agency having jurisdiction. Section 12. Refusal to provide services to areas under separate contracts or agreements by a party to this Agreement will not void this Agreement for other areas. Section 13. Safe and successful implementation of this Agreement is dependent on training and familiarization between the parties to this Agreement. To facilitate these needs, the administrative board will delegate responsibility to a training and equipment officer group comprised of members from each of the participating agencies. INTERLOCAL AGREEMENT FOR AUTOMATIC AID RESPONSE - 4 (10/19/2015) Page 87 of 459 Section 14. This Agreement shall become effective thirty (30) days after being signed and shall remain in full force and effect for one year from the first date indicated above and shall be automatically renewed from year-to-year by the parties hereto, after an annual review, unless terminated. This Agreement may be terminated by any of the parties after giving notice in writing of its intention to terminate not less than ninety (90) days from or after the date of said notice. Section 15. It is not the intention that a separate legal entity be established to conduct the cooperative undertaking nor is the acquiring, holding or disposing of real or personal property anticipated. The administrators of this Agreement shall be the fire chiefs or other representatives appointed by the controlling board of the Agencies. Section 16. Severability. If any provision of this Agreement or its application is held invalid, the remainder of the Agreement or the applications of the remainder of the Agreement shall not be affected. Section 17. Copies of this Agreement shall be filed with the appropriate County Auditor's Office or posted on the websites of the Agencies. Section 18. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument. IN WITNESS WHEREOF the parties have hereunto placed their hands and seals on the day and year first indicated. CITY OF KENNEWICK Approved as to Form: MARIE MOSLEY, City Manager LISA BEATON, City Attorney Date: CITY OF PASCO By: DAVE ZABELL, City Manager Date: Approved as to Form: LELAND KERR, City Attorney INTERLOCAL AGREEMENT FOR AUTOMATIC AID RESPONSE - 5 (10/19/2015) Page 88 of 459 CITY OF RICHLAND Approved as to Form: CYNTHIA JOHNSON, City Manager HEATHER KINTZLEY, City Attorney Date: WEST BENTON RFA Approved as to Form: Bv: MORGAN EVERETT, Chair Board of Commissioners Date: BENTON COUNTY PUBLIC HOSPITAL DISTRICT #1 By: Title: Board of Commissioners Date: BENTON COUNTY FIRE DISTRICT #1 By: JERRY MORRIS, Chair Board of Fire Commissioners Date: BENTON COUNTY FIRE DISTRICT #2 By: BARRY ORTH, Chair Board of Fire Commissioners Date: Attorney for West Benton RFA Approved as to Form: Attorney for Hospital District #1 Approved as to Form: Attorney for Fire District #1 Approved as to Form: Attorney for Fire District #2 INTERLOCAL AGREEMENT FOR AUTOMATIC AID RESPONSE - 6 (10/19/2015) Page 89 of 459 BENTON COUNTY FIRE DISTRICT #4 By: ANDREW J. HILL, Chair Board of Fire Commissioners Date: BENTON COUNTY FIRE DISTRICT #5 By: DAN SCHMITT, Chair Board of Fire Commissioners Date: Approved as to Form: Attorney for Fire District #4 Approved as to Form: Attorney for Fire District #5 BENTON COUNTY FIRE DISTRICT #6 Approved as to Form: By: HAROLD JUERGENS, Chair Attorney for Fire District #6 Board of Fire Commissioners Date: FRANKLIN COUNTY FIRE DISTRICT #3 Approved as to Form: By: RON SHUCK, Chair Attorney for Fire District #3 Board of Fire Commissioners Date: WALLA WALLA COUNTY FIRE DISTRICT #5 Approved as to Form: By: BRAD LANGDELL, Chair Attorney for Fire District #5 Board of Fire Commissioners Date: INTERLOCAL AGREEMENT FOR AUTOMATIC AID RESPONSE - 7 (10/19/2015) Page 90 of 459 AGENDA REPORT FOR: City Council October 21, 2015 TO: Dave Zabell, City Manager Workshop Meeting: 10/26/15 Rick White, Director Community & Economic Development FROM: Jeff Adams, Associate Planner Community & Economic Development SUBJECT: Shoreline Master Program Adoption (MF# PLAN 2013-001) I. REFERENCE(S): Planning Commission Memo Shoreline Master Program II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The City has been in the process of updating the City's Shoreline Master Program (SMP) since January of 2013. The Shoreline Management Act (SMA) requires local governments to review/update their SMP's every eight years. Up to now the City of Pasco has used the updated Franklin County Shoreline Management Master Program of 1974 to regulate developments within its shorelines. The current SMP process creates a separate document for Pasco and implements the SMA consistent with Ecology guidelines. Once adopted, the SMP will be integrated as part of the City's Comprehensive Plan and will create a new Title 29 "Shoreline Master Program" in the Pasco Municipal Code (PMC). These two documents will be used to regulate development specifically within the City's shoreline jurisdiction. Page 91 of 459 On October 15, 2015 the Planning Commission held a public hearing to receive final comments concerning the Shoreline Master Program, at the conclusion of which they recommended that the City Council adopt the final SMP draft for submittal to the State of Washington Department of Ecology for approval. V. DISCUSSION: The 1972 Shoreline Management Act (SMA) governs the use and development of Washington's shorelines. By law, each local government with "shorelines of the state" is required to develop a Shoreline Master Program (SMP) based on the Act. The overarching goal of the SMA is to prevent harm from uncoordinated and/or piecemeal development along the state's shorelines. The SMA has three broad policies as outlined in RCW 90.58.020: Protect the environmental resources of State shorelines; Promote public access and enjoyment opportunities; and Give priority to uses that require a shoreline location. All SMP comprehensive updates and other SMP amendments must be consistent with these three basic policies within the context of an overall "no net loss of shoreline ecological functions" benchmark. This standard is achieved by first, avoiding impacts; if that is not possible, minimizing impacts; then rectifying impacts; reducing impacts over time; compensating for impacts; monitoring impacts; and finally, if necessary, taking corrective measures. No net loss is achieved over time by establishing environment designations, implementing SMP policies and regulations that protect the shoreline, and restoring sections of the shoreline. Public Process Both the Shoreline Management Act (SMA) and the SMP procedural rules and Guidelines require public participation to ensure all interested parties have an opportunity to shape shoreline policies and regulations. The City's public participation process included preparing a public participation plan, sponsoring a Community visioning workshop, soliciting public participation through a variety of outreach activities, and keeping records of public participation activities. Impact on Port of Pasco The Port of Pasco owns more than 2.5 miles of shoreline along the Columbia River. The Port, in conjunction with the City is planning for a mixed use development at Osprey Pointe, a brownfield, mixed use redevelopment at the former Marine Terminal, Page 92 of 459 as well as continued industrial development at the Big Pasco Industrial Center (BPIC). The BPIC is well positioned to utilize the river for "water dependent uses," primarily on/off-loading and transport of goods in trade, including heavy or oversized shipments not easily transported by other means. As such the Port has requested and the Planning commission has recommended that the Plan include/clarify goals which do the following: Recognize the role of the rivers as a transportation corridor that facilitates trade and economic growth; Protect and expand the assets necessary in the rivers and on the shoreline to utilize that transportation corridor to promote economic development; and Recognize the statewide interest in keeping the Columbia and Snake Rivers adequately dredged and maintained to facilitate trade. Impact on Residential Development As mentioned above, SMP's must include policies and regulations which are tailored to the unique geographic, economic, and environmental needs of each community. Planning for shoreline activities in the SMP follows the planning efforts found in the City's Linkages and Amenities Plan, adopted by City Council in July of 2012. SMP development regulations for residential properties within the shoreline jurisdiction generally mirror the City's Comprehensive Plan and zoning regulations, but also must be consistent with SMA requirements. For example, single-family residential development is considered a "preferred use," but it must be located and constructed so as to result in no net loss of shoreline ecological function. Adequate mitigation measures would be required and implemented where there is the reasonable potential for such adverse effect on water quality. Perhaps the most impactful regulation for residential development is the requirement that all new development meet the vegetation management provisions contained in PMC 29.01.240, Shoreline Vegetation Conservation, which stipulates that "vegetation clearing outside of wetlands and wetland and stream buffers shall be limited to the minimum necessary to accommodate approved shoreline development" and "location of the structure or development minimizes native vegetation removal." The underlying standard for all of this is the Department of Ecology's "no net loss of shoreline ecological function." Impact on Recreational Facilities Development Recreational facilities need to be designed to include features that promote access to, enjoyment of, and use of the City's shorelines. Water -oriented recreational uses and activities are preferred. Water -dependent recreational uses are the first priority Page 93 of 459 preferred use, and water -related and water -enjoyment recreational uses are second priority. As with residential development, any potential adverse impacts of recreational uses would need to be mitigated, and adequate provisions for shoreline rehabilitation be made as part of proposed recreational developments to ensure the ubiquitous "no net loss of shoreline ecological function" standard. The City's consultant for the SMP process and update will be making a brief presentation to Council at the October 26, 2015 workshop. Page 94 of 459 MEMORANDUM DATE: October 9, 2015 TO: Planning Commission FROM: Jeffrey B. Adams, Associate Planner SUBJECT: Shoreline Master Program Public Hearing Introduction Pasco is updating its Shoreline Master Program (SMP) with project funding from the Department of Ecology (Ecology) . Up to now the City of Pasco has used the updated Franklin County Shoreline Management Master Program of 1974 to regulate developments within its shorelines. The current SMP process creates a separate SMP document for Pasco and implements the SMA consistent with Ecology guidelines. Once adopted, the SMP will be integrated as part of the City's Comprehensive Plan and PMC and will be used to regulate development specifically within the City's shoreline jurisdiction. Final Draft Shoreline Master Program The final draft Shoreline Master Program is a compilation of all of the previous work and contains all the elements specified by the State of Washington Shoreline Management Act (SMA). Tasks undertaken by the City and its consultant are as follows: Task 1: Project Coordination (In-house by City Staff) Task 2: Secure Consultant (In-house by City Staff) Task 3: Public Participation (Shared Staff/ Consultant Task) Task 4: Preliminary Assessment of the Shoreline Jurisdiction Task 5: Shoreline Inventory, Analysis, and Characterization Task 6: Draft Shoreline Master Program Task 7: Prepare Preliminary Cumulative Impacts Analysis Task 8: Restoration Plan Task 9: Develop Final Draft SMP and Supporting Documents Task 10: Local SMP Adoption Process Current Status Task 1 is ongoing until the completion and adoption of the SMP; Task 2 was completed at the outset of the SMP process with the recruitment of Anchor QEA as consultant; Task 3 is ongoing and contiguous with all other tasks of the SMP process. Tasks 4, 5, and 6 have been completed and were presented to the Commission in workshops. Page 1 of 2 Page 95 of 459 Tasks 7, 8, and 9 have been developed in and are part of the current packet (see attached) which taken together comprise Task 10(A) "Assemble complete Final Draft SMP." They will be reviewed as part of the hearing. Next Steps Task 10 includes the following sub -tasks: A. Assemble complete Final Draft SMP B. Complete SEPA review and documentation C. Provide GMA 60 -day notice of intent to adopt D. Hold public hearing E. Prepare a responsiveness summary F. Adopt SMP and submit to ECOLOGY G. Demonstrate how Task 10 complies with the Guidelines Tasks 10-A and 10-B have been completed and documents are provided for this hearing. The 60 -day public notice was sent out to stakeholders and Ecology on July 31, 2015. The City received one comment from the US Army Corps of Engineers (USACE) apparently intended to clarify the USACE ownership of certain shoreline areas (see attached). While the comments are accurate, the City does not see a contradiction with the SMP: Whereas the USACE refers to their "shorelines," presumably Corps land touching the water, they may not understand that the SMP utilizes a definition incorporating a 200' landward buffer beginning at the ordinary high water mark. The Planning Commission hearing is the current October 15, 2015 meeting, and the names and mailing addresses of all interested parties providing comment shall be compiled in the minutes of this meeting and included in the final submittal to Ecology. As part of the Ecology submittal, any and all comments received to this point in time will be summarized and responded to, discussing how the draft SMP addresses the issues identified in each comment. Once all comments have been addressed the Planning Commission will make a recommendation and the final document will be presented to City Council, and if adopted, submitted to Ecology for final approval. Recommendation Motion: I move the Planning Commission recommend the City Council adopt the Shoreline Master Program by reference as part of the City's Comprehensive Plan and adopt Title 29 "Shoreline Master Program" as part of the Pasco Municipal Code. Page 2 of 2 Page 96 of 459 CITY OF PASCO Z SHORELINE MASTER PROGRAM 0 _ Planning Commission Review Draft: 10/15/2015 -tee City Council Review: 10/26/2015 Adopted: ,3- ���- Approved: 4 Prepared for 5 City of Pasco 6 Prepared by Anchor QEA, LLC 8033 West Grandridge Avenue, Suite A Kennewick, Washington 99336 Prepared with assistance from Oneza & Associates 3131 Western Ave, Suite 316 Seattle, Washington 98121 7 8 Funded through a grant from the Washington State Department of Ecology 9 June 2015 (Revised October 2015) 9- � Page 97 of 459 June 2015 1 TABLE OF CONTENTS 21 2 SECTION I: Shoreline Goals and Policies (RCW 90.58.100)...................................................... 1 3 1 Introduction................................................................................................................... 1 4 2 Relationship Between Growth Management Act and Shoreline Management Act.. l 5 3 Profile of the Shoreline Jurisdiction within the City of Pasco .................................... 2 6 3.1 Shoreline Jurisdiction Rivers..................................................................... 2 7 3.2 Shorelines of Statewide Significance........................................................ 2 8 4 Development of Goals and Policies.............................................................................. 2 9 4.1 Economic Development Element............................................................. 3 10 4.2 Public Access and Recreation Element .................................................... 4 11 4.3 Circulation Element................................................................................... 6 12 4.4 Shoreline Uses and Modifications Element .............................................. 7 13 4.5 Conservation Element............................................................................. 16 14 4.6 Historic, Cultural, Scientific, and Educational Resources Element ...... 18 15 4.7 Flood Hazard Management Element ...................................................... 19 16 4.8 Private Property Right............................................................................ 20 17 SECTION II: Shoreline Regulations........................................................................................... 21 18 Article I. Authority and Purpose.................................................................................... 21 19 29.01.010 Authority............................................................................................21 20 29.01.020 Applicability.......................................................................................21 21 29.01.030 Purpose............................................................................................... 21 22 29.01.040 Relationship to Other Codes, Ordinances, and Plans ...................... 22 23 29.01.050 Liberal Construction.......................................................................... 23 24 29.01.060 Severability.........................................................................................23 25 29.01.070 Effective Date..................................................................................... 23 26 29.01.080 Definitions..........................................................................................24 27 Article II. Environment Designation.............................................................................. 46 28 29.01.100 Environment Designations................................................................ 46 29 29.01.110 Aquatic............................................................................................... 47 30 29.01.120 Natural................................................................................................48 31 29.01.130 Urban Conservancy........................................................................... 50 32 29.01.140 Public Flood Protection..................................................................... 51 33 29.01.150 Recreation.......................................................................................... 52 34 29.01.160 High Intensity — Industrial................................................................ 54 35 29.01.170 High Intensity — Mixed Use.............................................................. 55 36 29.01.180 Shoreline Residential......................................................................... 57 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates i Page 98 of 459 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 June 2015 Article III. General Regulations...................................................................................... 59 29.01.200 Shoreline Use and Modification....................................................... 59 29.01.210 Development Standards..................................................................... 63 29.01.220 Archaeological and Historic Resources ............................................ 64 29.01.230 Environmental Protection................................................................. 65 29.01.240 Shoreline Vegetation Conservation.................................................. 66 29.01.250 Water Quality, Stormwater, and Nonpoint Pollution ..................... 66 29.01.260 Public Access...................................................................................... 67 29.01.270 Flood Hazard Reduction.................................................................... 72 Article IV. Shoreline Modifications and Use Regulations ............................................. 74 29.01.300 Agriculture......................................................................................... 74 29.01.320 Boating Facilities................................................................................ 75 29.01.330 Breakwater, Jetties, Groins, and Weirs ............................................. 78 29.01.340 Commercial Development................................................................ 79 29.01.350 Dredging and Dredge Material Disposal .......................................... 81 29.01.360 Fill and Excavation............................................................................ 84 29.01.370 Industrial Development.................................................................... 86 29.01.380 In -stream Structures.......................................................................... 87 29.01.390 Mining................................................................................................ 89 29.01.400 Piers and Docks.................................................................................. 89 29.01.410 Recreational Development................................................................ 96 29.01.420 Residential Development.................................................................. 98 29.01.430 Shoreline Habitat and Natural Systems Enhancement Projects ..... 99 29.01.440 Shoreline Stabilization..................................................................... 100 29.01.450 Transportation: Trails, Roads, and Parking .................................... 102 29.01.460 Utilities............................................................................................. 104 ArticleV. Critical Areas................................................................................................108 29.01.500 Critical Areas.................................................................................... 108 29.01.510 General Provisions........................................................................... 110 29.01.520 Wetlands.......................................................................................... 119 29.01.530 Fish and Wildlife Habitat................................................................ 131 29.01.540 Aquifer Recharge Areas................................................................... 140 29.01.550 Flood Hazard Areas......................................................................... 144 29.01.560 Geologic Hazard Areas.................................................................... 146 Article VI. Existing Uses, Structures, and Lots............................................................155 29.01.600 Applicability.....................................................................................155 29.01.610 Nonconforming Uses....................................................................... 155 29.01.620 Nonconforming Structures.............................................................. 156 Article VII. Administration and Enforcements........................................................... 159 City of Pasco Shoreline Master Program Anchor QEA/Oneza & Associates Draft ii Page 99 of 459 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 June 2015 29.01.700 Roles and Responsibilities............................................................... 159 29.01.710 Interpretation................................................................................... 160 29.01.720 Statutory Noticing Requirements................................................... 160 29.01.730 Application Requirements.............................................................. 161 29.01.740 Shoreline Substantial Development Permits .................................. 161 29.01.750 Shoreline Special Use Permits......................................................... 162 29.01.760 Shoreline Variance Permits............................................................ 163 29.01.770 Exemptions from Shoreline Substantial Development Permits.... 164 29.01.780 Duration of Permits......................................................................... 170 29.01.790 Initiation of Development............................................................... 170 29.01.800 Review Process................................................................................ 171 29.01.810 Appeals............................................................................................. 171 29.01.820 Amendments to Permits.................................................................. 172 29.01.830 Enforcement.....................................................................................172 29.01.840 Cumulative Effects of Shoreline Developments ............................ 173 29.01.850 Amendments to Shoreline Master Program ................................... 173 29.01.860 Shoreline Environment Designation Maps or Official Shoreline Map .......................................................................................................... 173 List of Tables Table 1. Shoreline Jurisdiction Rivers.......................................................................................... 2 Table 29.01.200 (2): Shoreline Use and Modification Matrix for City of Pasco ....................... 60 Table 29.01.210 (2): Shoreline Development Standards Matrix for City of Pasco ................... 64 Table 29.01.520 (8)(a): Wetland Buffer Width Requirements ................................................ 121 Table 29.01.520 (8)(b): Land Use Intensity Table.................................................................... 123 Table 29.01.520 (13): Wetland Mitigation Ratios (for Eastern Washington) ......................... 131 Table 29.01.530 (3): Classification by Fish and Wildlife Areas ............................................... 133 Table 29.01.540 (2)(a): Designation of Aquifer Recharge Areas ............................................. 141 Table 29.01.560 (3)(a): Criteria for Classification of Geologic Hazard Areas ......................... 147 Table 29.01.560 (4): Rating of Geologic Hazard Risk.............................................................. 148 City of Pasco Shoreline Master Program Anchor QEA/Oneza & Associates Draft iii Page 100 of 459 June 2015 1 LIST OF ACRONYMS AND ABBREVIATIONS ADA Americans with Disabilities Act BMP best management practice CFR Code of Federal Regulations City City of Pasco County Franklin County CPTED Crime Prevention through Environmental Design CWA Clean Water Act Ecology Washington State Department of Ecology FEMA Federal Emergency Management Agency FIRM Flood Insurance Rate Map GMA Growth Management Act Guidelines SMA Guidelines (Chapter 173-26 WAC) HPA hydraulic project approval JARPA Joint Aquatic Resource Permits Application NOAA National Oceanic and Atmospheric Administration NRCS U. S. Department of Agriculture, Natural Resource Conservation Service OHWM ordinary high water mark PMC Pasco Municipal Code RCW Revised Code of Washington SEPA State Environmental Policy Act SHB Shorelines Hearings Board SMA Washington State Shoreline Management Act SMP Shoreline Master Program SR subreach SSWS shorelines of statewide significance UGA urban growth area USACE U.S. Army Corps of Engineers USEPA U.S. Environmental Protection Agency City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates iv Page 101 of 459 June 2015 USFWS U.S. Fish and Wildlife Service USGS U.S. Geological Survey WA DOH Washington State Department of Health WAC Washington Administrative Code WDFW Washington State Department of Fish and Wildlife WDNR Washington State Department of Natural Resources City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates v Page 102 of 459 June 2015 1 SECTION I: Shoreline Goals and Policies (RCW 90.58.100) 2 1 Introduction 3 The City of Pasco, through an updated Shoreline Master Program (SMP), intends to implement 4 the requirements of the Washington State Shoreline Management Act (SMA) Revised Code of 5 Washington (RCW 90.58), the state SMA Guidelines (Chapter 173-26 Washington 6 Administrative Code [WAC]) (Guidelines), and the Shoreline Management Permit and 7 Enforcement Procedures (WAC 173-27). 8 The SMA was enacted in 1971 to provide for the management and protection of shorelines of the 9 state by regulating development in the shoreline area. The goal of the SMA is, "to prevent the 10 inherent harm in an uncoordinated and piecemeal development of the state's shorelines" (RCW 11 90.58.020). The SMA requires cities and counties to adopt an SMP to regulate shoreline 12 development and accommodate "all reasonable and appropriate uses" consistent with "protection 13 against adverse effects to the public health, the land and its vegetation and wildlife, and the 14 waters of the state and their aquatic life ... and public rights of navigation." The City of Pasco did 15 not have its own SMP prior to this update. The City had adopted by reference and implemented 16 Franklin County's SMP, which had been approved in 1974. 17 Washington State Department of Ecology (Ecology) approved the updated SMA Guidelines in 18 2003. The SMA and implementing SMP Guidelines require all towns, cities, and counties across 19 the state to comprehensively update their SMPs. The guidelines provide new requirements for 20 environmental protections, including meeting no net loss of ecological functions, providing 21 public access, accounting for advancements in science and shoreline management practices, and 22 establishing a clear relationship between the SMA and the Growth Management Act (GMA). 23 This SMP for the City of Pasco provides goals, policies, and regulations for the development of 24 Pasco shorelines consistent with the SMA and guidelines. 25 2 Relationship Between Growth Management Act and Shoreline 26 Management Act 27 An SMP contains goals, policies, regulations, and environment designation maps that guide 28 shoreline development in accordance with state requirements. Pasco's SMP is integrated with the 29 City's land use regulation system. Consistent with RCW 36.70A.480, the goals and policies 30 contained in this SMP shall be considered an element of the City's Comprehensive Growth 31 Management Plan (Comprehensive Plan) required by the GMA. All other portions of this SMP, 32 including the use regulations, are considered a part of the City's development regulations 33 required by the GMA. 34 The Inventory, Analysis, and Characterization Report; Restoration Plan; Cumulative Impacts 35 Analysis Report (which includes the "no net loss of shoreline ecological functions" analysis 36 findings); and Public Participation Plan are supporting documents and are not adopted as part of 37 this SMP or the City's Comprehensive Plan. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 1 Page 103 of 459 June 2015 1 The Inventory, Analysis, and Characterization Report establishes the baseline against which the 2 standard "no net loss of shoreline ecological functions" is measured. The Restoration Plan 3 identifies and prioritizes shoreline restoration opportunities that may be undertaken 4 independently or in conjunction with mitigation for development impacts to improve shoreline 5 ecological functions over time. 6 3 Profile of the Shoreline Jurisdiction within the City of Pasco 7 The Washington State SMA defines the Shoreline of the State as, "all `shorelines' and 8 `shorelines of statewide (SSWS)' within the state" (RCW 90.58.030). The shoreline includes 9 floodways, land within 200 feet of the ordinary high water mark (OHWM) of the waterways, 10 floodplains up to 200 feet from the floodway edge, and associated wetlands. 11 3.1 Shoreline Jurisdiction Rivers 12 Pasco's SMP encompasses shoreline along the Columbia River and Snake River. The City's 13 shoreline waterbodies are listed in Table 1. Both the Columbia River and Snake River are 14 considered SSWS. See Section 3.2 for discussion on SSWS. 15 Table 1. Shoreline Jurisdiction Rivers Stream Name Shoreline of Statewide Significance Total Length Proposed Shoreline Columbia River Yes 14.4 miles Snake River Yes 2.8 miles 16 17 3.2 Shorelines of Statewide Significance 18 The entire shoreline jurisdiction in the City that includes the Columbia and Snake rivers are 19 considered SSWS, as listed in Table 1. The SMA designates certain shoreline areas as SSWS, 20 which are defined as "natural rivers or segments thereof' that have a mean annual flow of 21 200 cubic feet per second or more (or for streams east of the crest of the Cascades [RCW 22 90.58.030], the portion downstream from the first 300 square miles of drainage area) and lakes, 23 whether natural, artificial, or a combination thereof, of 1,000 acres or greater in surface area. The 24 Columbia and Snake rivers are SSWS based on the flow and upstream drainage criteria. 25 The SSWS protection and management goals are described in the Development of Goals and 26 Policies — Shoreline Uses and Modifications Element section. 27 4 Development of Goals and Policies 28 Goals express broad value statements that reflect the City's vision of its shorelines. Goals also 29 provide a framework upon which the more detailed SMP shoreline use environments, policies, 30 regulations, and administrative procedures are based in subsequent chapters. Policies are more 31 detailed statements reflecting the City's goals and visions for its shorelines. Policies provide 32 detail to the associated goals and act as a bridge between the goals and implementing regulations. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 2 Page 104 of 459 June 2015 1 The SMP goals and policies are categorized according to the SMP elements mandated in the 2 SMA. The general goal and policy statements found within each SMP element provide the policy 3 basis for the City's SMP administration. 4 4.1 Economic Development Element 5 (1) Goals: 6 (a) Goal A: Support water -oriented uses to maximize the positive economic 7 impact of tourism and recreational development. 8 (b) Goal B: Promote economic growth that conserves natural resources and 9 open spaces and maintains the environmental quality. 10 (c) Goal C: Maintain existing development and secure additional commercial 11 and industrial facilities and infrastructure necessary for existing and future 12 development in shoreline areas where it is most feasible, while 13 maintaining environmental quality. 14 (e)(d) Goal D: Recognize the role of the rivers as a transportation corridor that 15 facilitates trade and economic growth. Protect and expand the assets 16 necessary in the rivers and on the shoreline to utilize that transportation 17 corridor to promote economic development. 18 (2) Policies: 19 (a) Ensure healthy, orderly economic growth by providing for those economic 20 activities that will be an asset to the local economy and for which the 21 adverse effects on the quality of the shoreline and surrounding 22 environment can be mitigated. Ensure any economic activity taking place 23 along the shoreline operates without causing irreparable harm to the site's 24 environment or adjacent shoreline areas. 25 (b) Maintain and protect existing water -dependent and water -related 26 industries that support the City's economy. Provide opportunities for 27 future expansions of such industries. 28 (c) Allow diversion of water for agricultural, commercial, and industrial 29 purposes consistent with the State's water rights laws. 30 (d) Dredging of the rivers and shoreline transportation assets is a necessary 31 component of maintaining the capabilities of the rivers to serve as a 32 transportation corridor for -beth inputs and outputs of industries within 33 Pasco and surroundin_ areas. reas. 34 (d)LeLPromote tourism and develop and maintain, as an economic asset, the 35 recreation and tourism industry along shorelines in a manner that will 36 enhance public enjoyment. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 3 Page 105 of 459 June 2015 1 (0) f�Work with the Port of Pasco, Franklin County, and other agencies to 2 ensure sustainable economic growth along the shoreline. Encourage 3 cooperative use of existing port facilities, including docks and piers, where 4 feasible and when they do not negatively affect the public safety. 5 {€}(g)_Give preference to economic activities in undeveloped areas, which either 6 leave natural or existing shoreline features such as trees, shrubs, grasses, 7 and wildlife habitat, unmodified, or modify them in a way that enhances 8 human awareness and appreciation of the shoreline and other natural and 9 non -natural surroundings. 10 Wg hhLEncourage new water -dependent, water -related, and water -enjoyment 11 economic development in priority order. 12 NCiL_Where possible, encourage development that incorporates low -impact 13 development techniques into new projects and integrates architectural and 14 landscape elements that recognize the river environment. 15 Oq)__Require non -water -oriented commercial or recreational development to 16 provide for ecological restoration and public access as appropriate. 17 Ensure new industrial and commercial uses will not result in a net loss of 18 shoreline ecological functions or have significant adverse impacts on 19 navigation, recreation, and public access. 20 4.2 Public Access and Recreation Element 21 (1) Goals: 22 (a) Goal A: Promote, protect, and enhance physical and visual public access 23 along the shoreline of the Columbia and Snake rivers. Increase the amount 24 and diversity of public access along the shoreline consistent with private 25 property rights, public safety, and the natural shoreline character. 26 (b) Goal B: Maintain and enhance the existing public access system according 27 to the City's Public Access Plan (Rivershore Linkage and Amenity Plan 28 approved by the City in 2012), building upon the City's many types of 29 shoreline public access with new public access opportunities where 30 appropriate. 31 (c) Goal C: Provide physical and visual public access as feasible and when 32 new development creates demand for public access. 33 (d) Goal D: Ensure diverse, convenient, and adequate water -oriented 34 recreational opportunities along the shoreline for the public. 35 (e) Goal F: Give water -oriented shoreline recreational development priority 36 within shoreline jurisdiction. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 4 Page 106 of 459 June 2015 1 (2) Policies: 2 (a) Protect and enhance visual and physical access to shoreline, especially on 3 public properties. Provide visual access, such as viewpoints or view 4 corridors, in areas with limited physical access due to a steep slope or the 5 sensitive nature of the shoreline whenever possible. 6 (b) Ensure new developments, uses, and activities on or near the shoreline do 7 not impair or detract from the public's access to the water. Where 8 practicable, public access to the shoreline should be enhanced. I1 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 (c) Design public access that minimizes potential impacts to private property and individual privacy. (d) Locate, design, manage, and maintain public access and recreation facilities in a manner that protects shoreline ecological functions and processes and the public's health and safety. (e) Identify opportunities for public access on publicly owned shorelines and according to the City's Public Access Plan. Encourage federal, state, and local governments to provide public access and recreational uses on existing shoreline properties according to their management policies such as existing state parks, trails and U.S. Army Corps of Engineers (USACE) lands along the Columbia River. (f) Preserve, maintain, and enhance public access afforded by shoreline street ends, public utilities, and rights-of-way. (g) Provide physical and visual public access in the shoreline jurisdiction in association with the following uses when feasible: residential developments with five or more dwellings; commercial development; and public agency recreational development. (h) Provide public access and interpretive displays as part of publicly funded restoration projects where significant ecological impacts are addressed. (i) Allow for passive and active shoreline recreation that emphasizes location along shorelines in association with the state, county and other public agency parks, recreation, wildlife habitat, and open -space plans. (j) Encourage a variety of compatible recreational experiences and activities to satisfy the City's diverse recreational needs such as parks, boat lunches, docks, trail, and viewing platforms. (k) Give water -dependent recreation priority water -enjoyment recreation uses. Give water -enjoyment recreational uses priority over non -water -oriented recreational uses. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 5 Page 107 of 459 June 2015 1 (1) Integrate and link water -oriented recreational facilities with other 2 amenities along the shoreline, such as walking trails, bicycle paths, 3 easements, and scenic drives when feasible. For example, encourage 4 connection between the Sacajawea Heritage Trail and the Columbia 5 Plateau Trail in Franklin County. 6 (m) Promote non -intensive recreational uses that avoid adverse effects to the 7 natural environment, do not contribute to flood hazards, and avoid damage 8 to the shoreline environment through modifications such as structural 9 shoreline stabilization or native vegetation removal. 10 4.3 Circulation Element 11 (1) Goals: 12 (a) Goal A: Develop safe, convenient, and diversified circulation systems to 13 ensure efficient movement of people, goods, and services, with minimal 14 adverse impacts on the shoreline environment. 15 (2) Policies: 16 (a) Provide safe, reasonable, and adequate circulation systems to shorelines 17 where routes will minimize adverse effects on unique or fragile shoreline 18 features and existing ecological systems, while contributing to the 19 functional and visual enhancement of the shoreline. 20 (b) Within the shoreline jurisdiction, locate land circulation systems that are 21 not shoreline -oriented and as far from the land -water interface as 22 practicable to reduce interference with either natural shoreline resources or 23 other appropriate shoreline uses. 24 (c) Allow for maintenance and improvements to existing roads and parking 25 areas. Allow for necessary new roads and parking areas when other 26 locations outside of shoreline jurisdiction are not feasible. 27 (d) Plan and develop a circulation network, which is compatible with the 28 shoreline environment and respects and protects ecological and aesthetic 29 values in the shoreline of the state, as well as private property rights. 30 (e) In the circulation network, plan for pedestrian, bicycle, and public 31 transportation where appropriate. Circulation planning and projects should 32 support existing and proposed shoreline uses that are consistent with the 33 SMP. 34 (f) Promote existing transportation corridors for reuse for water -dependent 35 uses or public access when they are abandoned. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 6 Page 108 of 459 June 2015 1 (g) Encourage relocation or improvement of those circulation elements that 2 are functionally or aesthetically disruptive to the shoreline, public 3 waterfront access, and ecological functions. 4 (h) Plan parking areas to achieve optimum use. Where possible, parking 5 should serve more than one use (e.g., serving recreational use on 6 weekends and commercial use on weekdays). 7 (i) Encourage low -impact parking facilities such as those with gravels or 8 permeable pavements and bio-swales. 9 (j) Encourage trail and bicycle paths along shorelines in a manner compatible 10 with the natural character, resources, and ecology of the shoreline. 11 (k) Encourage the linkage of shoreline parks, recreation areas, and public 12 access points with linear systems, such as hiking and bicycle paths, 13 easements, and scenic drives. 14 4.4 Shoreline Uses and Modifications Element 15 (1) Goals: 16 (a) Goal A: Encourage shoreline development and uses that recognize the 17 City's natural and cultural values and its unique aesthetic qualities offered 18 by its variety of shoreline environments, including, but not limited to, 19 reservoir -bounded river segments, flood protection levees, recreational 20 and industrial developments, riverine wetlands, open views, and plentiful 21 formal and informal public access. 22 (b) Goal B: The City recognizes and protects the functions and values of the 23 shoreline environments of statewide and local significance. For SSWS, 24 protection and management priorities are to: 25 (i) Recognize and protect statewide interest over local interest; 26 (ii) Preserve the natural character of the shoreline; 27 (iii) Provide long-term over short-term benefits; 28 (iv) Protect the resources and ecology of shoreline; 29 (v) Increase public access to publicly owned areas of shoreline; and 30 vi Increase recreational opportunities for the public in shoreline areas. 31 {}(vii) Recognize the statewide interest in keeping the Columbia 32 and Snake rivers adequately dredged and maintained to facilitate 33 trade. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 7 Page 109 of 459 June 2015 1 (2) General Policies: 2 (a) Maintain areas within the shoreline jurisdiction with unique attributes for 3 specific long-term uses, including commercial, industrial, residential, 4 recreational, and open -space uses. 5 (b) Ensure proposed shoreline uses are distributed, located, and developed in a 6 manner that will maintain or improve the health, safety, and welfare of the 7 public when such uses occupy shoreline areas. 8 (c) Ensure activities and facilities are located on the shoreline in such a 9 manner as to retain or improve the quality of the environment. 10 (d) Ensure proposed shoreline uses do not infringe upon the rights of others, 11 upon the rights of private ownership, upon the rights of the public under 12 the Public Trust Doctrine oft federal navigational servitude, and treaty 13 rights of Native American tribes. 14 (e) Minimize the adverse impacts of shoreline uses and activities on the 15 environment during all phases of development (e.g., design, construction, 16 management, and use). 17 (3) Shoreline Environment Designation Policies: 18 (a) Provide a comprehensive shoreline environment designation system to 19 categorize the City's shoreline into environments based on the primary 20 characteristics of shoreline areas to guide the use and management of 21 these areas and to preserve wildlife habitat area, natural resources, and 22 public agency operations. 23 (b) Designate properties as Natural in order to protect and restore those 24 shoreline areas that are relatively free of human influence or that include 25 intact or minimally degraded shoreline functions that are sensitive to 26 potential impacts from human use. 27 (c) Designate properties Urban Conservancy to protect and restore ecological 28 functions of open space, floodplain, and other sensitive lands, while 29 accommodating low -intensity uses. 30 (d) Assign appropriate designations to accommodate recreational uses. Ensure 31 intense recreational uses, such as boat launches and parks, do not conflict 32 with the sensitive nature of the shoreline (e.g., habitat management units) 33 where low impact recreational uses are more appropriate. 34 (e) Assign appropriate designation for flood protection areas maintained by 35 public agencies, while allowing low -intensity recreational uses such as 36 trail and viewpoints. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 8 Page 110 of 459 June 2015 1 (f) Assign properties as High Intensity — Industrial to support industrial, 2 commercial, irrigation supply, transportation, and navigation activities 3 while maintaining the ecological functions. 4 (g) Assign properties as High Intensity — Mixed Use to support commercial, 5 residential, transportation, and navigation activities while maintaining the 6 ecological functions. 7 (h) Designate properties as Shoreline Residential to accommodate higher 8 density residential development and recognize existing and proposed land 9 uses. This designation is appropriate for residential uses on lands with 10 zoning classifications for detached and attached residences. 11 (4) Agriculture Policies: 12 (a) This SMP recognizes the importance of agriculture to the City's economy 13 and also as it exists in the City limits and urban growth areas (UGAs). 14 Allow for ongoing agricultural activities, while also maintaining shoreline 15 ecological functions and processes. 16 (b) Conduct new agricultural development in a manner that ensures no net 17 loss of shoreline ecological functions and processes. 18 (c) Maintain a vegetative buffer between agricultural lands and waterbodies 19 or wetlands. 20 (d) Conversion of agricultural lands to other uses should comply with all 21 policies and regulations for non-agricultural uses. 22 (5) Boating Facilities Policies: 23 (a) Locate and design boating facilities so their structures and operations will 24 be compatible with the area affected such as environmental conditions, 25 shoreline configuration, access, and neighboring upland and aquatic uses. 26 (b) Require restoration activities when substantial improvements or repair to 27 existing boating facilities is planned. 28 (c) Boating facilities that minimize the amount of shoreline modification are 29 preferred. 30 (d) Boating facilities should provide physical and visual public shoreline 31 access and provide for multiple uses, including water -related use, to the 32 extent compatible with shoreline ecological functions and processes and 33 adjacent shoreline use. 34 (e) Boating facilities should be located and designed to avoid adverse effects 35 on riverine and nearshore processes, such as erosion, littoral or riparian City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 9 Page 111 of 459 June 2015 I transport, and accretion, and should, where feasible, enhance degraded, 2 scarce, and/or valuable shore features including accretion shoreforms. 3 (f) Location and design of boating facilities should not unduly obstruct 4 navigable waters and should avoid adverse effects to recreational 5 opportunities such as fishing, pleasure boating, swimming, beach walking, 6 picnicking, and shoreline viewing. 7 (6) Breakwaters, Jetties, Groins, and Weirs Policies: 8 (a) To the extent feasible, limit the use of breakwaters, jetties, groins, weirs, 9 or other similar structures to those projects providing ecological 10 restoration or other public benefits. These structures should avoid or 11 minimize significant ecological impacts. Impacts that cannot be avoided 12 should be mitigated. 13 (7) Dredging and Dredge Material Disposal Policies: 14 (a) Dredging and dredge material disposal should avoid and minimize 15 significant ecological impacts. Impacts that cannot be avoided should be 16 mitigated. 17 (b) Design and locate new shoreline development to minimize the need for 18 dredging. 19 (c) Limit dredging and dredge material disposal to the minimum necessary to 20 allow for shoreline restoration, flood hazard reduction, and maintenance of 21 existing legal moorage and navigation, and to support existing industrial 22 areas. Except for industrial development, dredging to provide for new 23 navigation uses is discouraged. 24 (d) Dredgingto o support industrial development and to maintain existing 25 transportation corridors is a necessary and critical component of shoreline 26 management. 27 (4)Le)__Ensure dredging operations are planned and conducted in a manner that 28 will minimize interference with navigation and lessen adverse impacts to 29 other shoreline uses. 30 (8) Fill Policies: 31 (a) Limit fill waterward of the OHWM to support ecological restoration or to 32 facilitate water -dependent or public access uses. 33 (b) Allow fill consistent with floodplain regulations upland of the OHWM, 34 provided it is located, designed, and constructed to protect shoreline 35 ecological functions and ecosystem -wide processes, including channel City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 10 Page 112 of 459 June 2015 1 migration, and is the minimum necessary to implement an approved 2 project. 3 (9) In -stream Structures Policies: 4 (a) Locate, plan, and permit in -stream structures only when consistent with 5 the full range of public interests, ecological functions and processes, and 6 environmental concerns, with special emphasis on protecting and restoring 7 priority habitats and species. 8 (10) Mining Policies: 9 (a) Locate mining facilities outside shoreline jurisdiction whenever feasible. 10 (b) Do not allow mining in any location waterward of the OHWM. 11 (c) Design and locate mining facilities and associated activities to prevent loss 12 of ecological function. Give preference to mining uses that result in the 13 creation, restoration, or enhancement of habitat for priority species. 14 (d) Protect waterbodies from sources of pollution, including, but not limited 15 to, sedimentation and siltation, chemical and petrochemical use, and 16 spillage and storage/disposal of mining wastes and spoils. 17 (e) Mining operations should be located, designed, and managed so that other 18 appropriate uses are not subjected to substantial or unnecessary adverse 19 impacts from noise, dust, or other effects of the operation. The operator 20 may be required to implement measures, such as buffers, limited hours, or 21 other mitigating measures, for the purpose of minimizing adverse 22 proximity impacts. 23 (11) Pier and Dock Policies: 24 25 26 27 28 29 30 31 32 33 34 35 (a) Pier and dock provisions should be consistent with the USACE McNary Pool Management Plan. (b) Moorage associated with a single-family residence is considered a water -dependent use provided that it is designed and used as a facility to access watercraft, and other moorage facilities are not available or feasible. Moorage for water -related and water -enjoyment uses or shared moorage for multi -family use should be allowed as part of a mixed-use development or where it provides public access. (c) New moorage, excluding docks accessory to single-family residences, should be permitted when the applicant/proponent has demonstrated that a specific need exists to support the intended water -dependent or public access use. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 11 Page 113 of 459 June 2015 1 (d) As an alternative to continued proliferation of individual private moorage, 2 mooring buoys are preferred over docks or floats. Shared moorage 3 facilities are preferred over single -user moorage where feasible, especially 4 where water -use conflicts exist or are predictable. New subdivisions of 5 more than two lots and new multi -family development of more than two 6 dwelling units should provide shared moorage where feasible. 7 (e) Docks, piers, and mooring buoys, including those accessory to 8 single-family residences, should avoid locations where they will adversely 9 impact shoreline ecological functions or processes, including high -velocity 10 currents and littoral drift. 11 (f) Moorage should be spaced and oriented in a manner that minimizes 12 37 hazards and obstructions to public navigation rights and corollary rights 13 to view the water and the shoreline. Where appropriate, such facilities thereto, such as, but not limited to, fishing, swimming, and pleasure 14 boating, and private riparian rights of adjacent land owners. 15 (g) Moorage should be restricted to the minimum size necessary to meet the 16 needs of the proposed use. The length, width, and height of piers and 17 docks should be no greater than that required for safety and practicality for 18 the primary use. 19 (h) Pile supports are preferred over fills because piles do not displace water 20 surface or aquatic habitat and are removable and thus are more flexible in 21 terms of long-term use patterns. Floats may be less desirable than pile 22 structures where aquatic habitat or littoral drift are significant. 23 (i) The use of buoys for small craft moorage is preferred over pile or float 24 structures because of less long-term impact on shore features and users; 25 moorage buoys should be placed as close to shore as possible to minimize 26 obstruction to navigation. 27 (j) Piers and docks should be constructed of materials that will not adversely 28 affect water quality or aquatic plants and animals in the long term. 29 (k) New pier and dock development should be designed so as not to interfere 30 with lawful public access to or use of shorelines. Developers of new piers 31 and shared moorage should be encouraged to provide physical or visual 32 public access to shorelines whenever safe and compatible with the primary 33 use and shore features. 34 (12) Recreational Development Policies: 35 (a) Shoreline recreational development should be given priority for shoreline 36 location to the extent that the use facilitates the public's ability to reach, 37 touch, and enjoy the water's edge, to travel on the waters of the state, and 38 to view the water and the shoreline. Where appropriate, such facilities 39 should be dispersed along the shoreline in a manner that supports more City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 12 Page 114 of 459 June 2015 1 frequent recreational access and aesthetic enjoyment of the shoreline for a 2 substantial number of people. 3 (b) Recreational developments should facilitate appropriate use of shoreline 4 resources while conserving them. These resources include, but are not 5 limited to, accretion shoreforms, wetlands, soils, groundwater, 6 surface water, native plant and animal life, and shore processes. 7 (c) Recreational facilities should be a combination of active and passive 8 types. Location of such facilities should consider the ecological function 9 and sensitive nature of the shoreline in order to avoid adverse impacts. For 10 example, wildlife and habitat preservation areas with sensitive shoreline 11 habitat should have low -impact recreational uses. 12 (d) Recreational developments and plans should provide the regional 13 population with a varied and balanced choice of recreation experiences in 14 appropriate locations. Public agencies should coordinate their plans and 15 activities to provide a wide variety of recreational opportunities without 16 needlessly duplicating facilities. 17 (e) Recreational development should encourage the linkage of shoreline 18 parks, recreation areas, and public access points with linear systems such 19 as hiking paths, bicycle paths, easements, and scenic drives. 20 (f) When feasible, recreation facilities should incorporate public education 21 regarding shoreline ecological functions and processes, the role of human 22 actions on the environment, and the importance of public involvement in 23 shoreline management. Opportunities incorporating educational and 24 interpretive information should be pursued in design and operation of 25 recreation facilities and nature trails. 26 (g) Recreational development should be located and designed to preserve, 27 enhance, or create scenic views and vistas. 28 (13) Residential Development Policies: 29 (a) Consider single-family residential development as a priority use. 30 (b) Locate and construct residential development in a manner that ensures no 31 net loss of shoreline ecological functions. 32 (c) Ensure the overall density of development, lot coverage, and height of 33 structures is appropriate to the physical capabilities of the site and 34 consistent with the Comprehensive Plan. 35 (d) Ensure new residential development provides adequate buffers or 36 open space from the water to protect ecological functions and 37 ecosystem -wide processes, preserve views, preserve shoreline aesthetic City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 13 Page 115 of 459 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 June 2015 characteristics, protect the privacy of nearby residences, and minimize use conflicts. (e) Make adequate provisions for services and infrastructure necessary to support residential development. (f) Design and locate residential development to preserve existing shoreline vegetation, control erosion, and protect water quality. (g) Design and locate new residences so shoreline stabilization will not be necessary to protect the structure. The creation of new residential lots should demonstrate the lots can be developed without: (i) Constructing shoreline stabilization structures (such as bulkheads); (ii) Causing significant erosion or slope instability; and (iii) Removing existing native vegetation within shoreline buffers. (14) Shoreline Habitat and Natural Systems Enhancement Projects Policies: (a) Include provisions for shoreline vegetation restoration or enhancement, fish and wildlife habitat enhancement, and low -impact development techniques in projects located within shoreline jurisdiction, where feasible. (b) Encourage and facilitate implementation of projects and programs included in the SMP Shoreline Restoration Plan. 19 (15) Shoreline Stabilization Policies: 20 21 22 23 24 25 26 27 28 29 30 31 32 33 (a) Locate and design new development, including subdivisions, to eliminate the need for new shoreline modification or stabilization. (b) Design, locate, size, and construct new or replacement structural shoreline stabilization measures to minimize and mitigate the impact of these modifications on the City's shorelines. (c) Give preference to non-structural shoreline stabilization measures over structural shoreline stabilization, and give preference to soft structural shoreline stabilization over hard structural shoreline stabilization. (d) Allow location, design, and construction of riprap and other bank stabilization measures primarily to prevent damage to existing development or to protect the health, safety, and welfare of the City's residents. (e) Encourage fish -friendly shoreline design during new construction and redevelopment by offering incentives and regulatory flexibility. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 14 Page 116 of 459 June 2015 1 (16) Utilities Policies: 2 (a) Allow for utility maintenance and extension with criteria for location and 3 vegetation restoration as appropriate. 4 (b) Plan, design, and locate utility facilities to minimize harm to shoreline 5 functions, preserve the natural landscape, and minimize conflicts with 6 present and future planned land and shoreline uses, while meeting the 7 needs of future populations in areas planned to accommodate growth. 8 (c) Do not permit new non -water -oriented primary utility production and 9 36 processing facilities or parts of those facilities, such as power plants, 10 (but do not meet standards for setbacks, buffers, or yards), area, bulk, solid waste storage, or disposal facilities, within shoreline jurisdiction 11 unless no other options are feasible. Primary utility facilities, such as 12 wastewater treatment plants, and expansion of existing facilities should be 13 located in shoreline jurisdiction only if no practical upland alternative or 14 location exists. Such facilities and expansions should be designed and 15 located to minimize impacts on shoreline ecological functions, including 16 riparian and aquatic areas, and to the natural landscape and aesthetics. 17 Public health and safety should be the highest priority for the planning, 18 development, and operation of primary utility facilities. 19 (d) Locate utility transmission facilities for the conveyance of services, such 20 as power lines, cables, and pipelines, outside of shoreline jurisdiction 21 where feasible. Where permitted within shoreline jurisdiction, such 22 facilities should be located within existing or approved road crossings, 23 rights-of-way, and corridors or in such a way as to minimize potential 24 adverse impacts on shoreline areas. Joint use of rights-of-way and 25 corridors in shoreline areas should be encouraged. 26 (e) Locate new utility facilities so as not to require extensive shoreline 27 protection works. 28 (f) Locate utility facilities and corridors to protect scenic views from public 29 parks and trails. Whenever possible, such facilities should be placed 30 underground or alongside or under bridges. 31 (g) Design utility facilities and rights-of-way to preserve the natural landscape 32 and to minimize conflicts with present and planned land uses. 33 (17) Existing Uses Policies: 34 (a) Allow nonconforming, existing legal uses and structures to continue in 35 accordance with this SMP. Residential structures and appurtenant 36 structures that were legally established and are used for a conforming use 37 (but do not meet standards for setbacks, buffers, or yards), area, bulk, 38 height, or density, should be considered a conforming structure. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 15 Page 117 of 459 June 2015 1 (b) Allow alterations of nonconforming structures, uses, and lots in 2 consideration of historic development patterns when occupied by preferred 3 uses and consistent with public safety and other public purposes. 4 (c) Encourage transitions from nonconforming uses to conforming uses. 5 (d) Allow for nonconforming structures to expand when they do not increase 6 the nonconformity according to SMP requirements. 7 (e) Allow for existing roads, driveways, and utility lines to continue and 8 expand when they do not increase the nonconformity according to SMP 9 requirements. 10 (f) Consider the no net loss of ecological function objective to guide review 11 of proposed expansions or other changes to nonconforming uses and new 12 development on nonconforming vacant lots. This objective may be 13 addressed in an area -wide manner consistent with the SMP cumulative 14 impacts analysis. 15 4.5 Conservation Element 16 (Goals and policies for Environmental Protection, Critical Areas, and Shoreline Vegetation 17 Conservation, and Water Quality, Stormwater Management, and Nonpoint Pollution) 18 (1) Goals: 19 (a) Goal A: Protect the existing hydraulic, hydrologic, and habitat functions, 20 as well as scenic and recreational values, of City's shorelines and the 21 McNary Pool. 22 (2) General Policies: 23 (a) Develop and implement management practices that will ensure a sustained 24 yield of renewable resources of the shorelines while preserving, 25 protecting, enhancing, and restoring unique and non-renewable shoreline 26 resources, environments, or features. 27 (b) To the greatest extent feasible, reclaim and restore areas that are 28 biologically and aesthetically degraded while maintaining appropriate use 29 of the shoreline. 30 (c) Preserve scenic vistas, aesthetics, fisheries and wildlife habitat, and other 31 critical areas. 32 (d) Protect shoreline processes and ecological functions through regulatory 33 and non -regulatory means that may include acquisition of key properties, 34 conservation easements, regulation of development within shoreline 35 jurisdiction, and incentives to private property owners to encourage City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 16 Page 118 of 459 June 2015 1 (i) ecologically sound design and implementation of best land management 2 practices. 3 (e) Protect and manage shoreline -associated wetlands, including maintenance 4 of sufficient volumes of surface and subsurface drainage into wetlands, to 5 sustain existing vegetation and wildlife habitat. 6 (f) Work with other jurisdictional agencies in the region and with the private 7 sector to deal effectively with regional and watershed -wide natural 8 (ii) environment issues and the protection, preservation, and enhancement of 9 all shoreline areas as fish and wildlife habitat. 10 (g) Manage development to avoid risk and damage to property and loss of life 11 (iii) from geological conditions. 12 (h) Regulate development within the SMP area of the 100 -year floodplain to 13 avoid risk and damage to property and loss of life. 14 (i) Prohibit the introduction of invasive plant species along the shoreline, and 15 encourage the removal of noxious and invasive weeds and trees. 16 (j) Protect, enhance, and maintain healthy vegetation consistent with the local 17 climate and nature of shoreline. 18 (3) Critical Areas: 19 (a) Goals: 20 (i) Goal A: Promote public health and welfare by instituting local 21 measures to preserve naturally occurring wetlands, critical aquifer 22 recharge areas, geologically hazardous areas, frequently flooded 23 areas (also see SMP Section I — 4.7: Flood Hazard Management 24 goals and policies), and fish and wildlife habitat conservation areas 25 that exist in the City's shoreline jurisdiction for their associated 26 value. 27 (ii) Goal B: Reduce the threat posed to the health and safety of citizens 28 from commercial, residential, or industrial development that may 29 be sited in areas of significant geologic hazard. 30 (iii) Goal C: Identify categories of fish and wildlife habitat 31 conservation areas in the City's shoreline jurisdiction, based in part 32 on information supplied by Washington State Department of Fish 33 and Wildlife's (WDFW's) Priority Habitat and Species Program 34 and other sources. 35 (iv) Goal D: Protect local wildlife values and reflect the needs and 36 desires of the public. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 17 Page 119 of 459 June 2015 1 (b) Policies: 2 (i) Recognize that critical areas may serve a variety of vital functions, 3 including, but not limited to, flood storage and conveyance, water 4 quality protection, recharge and discharge areas for groundwater, 5 erosion control, sediment control, fish and wildlife habitat, 6 recreation, education, and scientific research. 7 (ii) Implement protection measures that strive to spare identified value 8 and function of critical areas that may be in jeopardy from new 9 development proposals. However, these regulations shall not 10 prohibit uses legally existing on any parcel prior to their adoption. 11 (iii) Avoid unnecessary duplication with various legal means and levels 12 of government that already address protection of wetlands, and 13 promote cooperation and coordination whenever possible. 14 (iv) Recognize that risks from geologic hazards can be reduced or 15 mitigated to acceptable levels through engineering design or 16 modified construction practices. In other cases where technological 17 efforts are not sufficient to reduce associated risks, building is best 18 avoided. Cooperate with federal, state, and private agencies and 19 individuals who have primary authority to manage specific fish 20 and wildlife habitat conservation areas within certain parts of the 21 City. 22 (v) Encourage preservation of adequate size blocks of land necessary 23 for species survival and corridor areas that allow for migratory 24 travel. 25 (vi) Recognize that species of wildlife in the City's locality are in a 26 state of continuing flux, and a prudent understanding of this 27 phenomenon is vital in guiding decision makers to balance 28 conservation of wildlife species with promotion of wise, desirable 29 growth. 30 4.6 Historic, Cultural, Scientific, and Educational Resources Element 31 (1) Goals: 32 (a) Goal A: Identify, preserve, and protect historical, cultural, and 33 archaeological resources found to be significant by recognized local, state, 34 or federal processes. 35 (b) Goal B: Encourage educational and scientific projects and programs that 36 foster a greater appreciation for the importance of shoreline management, 37 water -oriented activities, environmental conservation, and local historic 38 connections with the City's shoreline. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 18 Page 120 of 459 June 2015 1 (2) Policies: 2 (a) Identify, protect, preserve, and restore important archeological, historic, 3 and cultural sites located in shoreline areas. 4 (b) Encourage educational projects and programs that foster a greater 5 appreciation of the importance of shoreline management, maritime 6 activities, environmental conservation, and maritime history, consistent 7 with protecting no net loss of ecological functions. 8 (c) Prevent public or private uses and activities from damaging, altering, 9 removing, or destroying any site having historic, cultural, scientific, or 10 educational value without appropriate analysis and mitigation. 11 4.7 Flood Hazard Management Element 12 (1) Goals: 13 (a) Goal A: Protect public safety within river floodways and floodplains while 14 recognizing that water levels in Columbia and Snake rivers are generally 15 stable as part of the McNary Pool. Protect natural systems by preserving 16 the flood storage function of floodplains. 17 (b) Goal B: Diminish potential hazards that may be caused by inappropriate 18 development in areas where severe and costly flooding is anticipated to 19 occur. 20 (2) Policies: 21 (a) Manage development proposed within floodplains and floodways 22 consistent with the SMA, Federal Emergency Management Agency 23 (FEMA) standards, and Critical Area Regulations for frequently flooded 24 areas contained within this SMP. 25 (b) Implement protection measures designed to minimize hazards in 26 frequently flooded areas that already exist as detailed in 27 Pasco Municipal Code (PMC) 24.20, Provisions for Flood Hazard 28 Protection. 29 (c) Work with Franklin County and state and federal agencies to deal 30 effectively with regional flooding issues. 31 (d) Control stormwater runoff in a manner consistent with low -impact 32 development practices, which utilize natural detention, retention, and 33 recharge techniques. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 19 Page 121 of 459 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 June 2015 (e) Prohibit any development within the floodplain that would individually or cumulatively cause any increase in the base flood elevation beyond FEMA standards. 4.8 Private Property Right (1) Goals: (a) Goal A: Recognize and protect private property rights in shoreline uses and developments consistent with the public interest. (2) Policies: (a) Shoreline uses should be located and designed to respect private property rights, maintain privacy of private property, be compatible with the shoreline environment, protect ecological functions and processes, and protect aesthetic values of the shoreline. (b) Public access to shoreline, such as trails, bikeways, or roads, should consider privacy of private property owners when locating them near private properties. City of Pasco Shoreline Master Program Anchor QEA/Oneza & Associates Draft 20 Page 122 of 459 June 2015 SECTION II: Shoreline Regulations 2 Article I. Authority and Purpose 3 29.01.010 Authority 4 (1) The SMA of 1971, RCW 90.5 8, is the authority for the enactment and 5 administration of this SMP. 6 29.01.020 Applicability 7 (1) This SMP shall apply to all of the shoreline areas, waters, and critical areas within 8 the shoreline jurisdiction of the City as described in SMP Section I, Shoreline 9 Goals and Policies, Profile of the Shoreline Jurisdiction, within the city limits of 10 the City of Pasco. 11 (2) All proposed uses, activities, or development occurring within shoreline 12 jurisdiction must conform to the intent and requirements of RCW 90.58, the 13 SMA, and this SMP whether or not a permit or other form of authorization is 14 required. See SMP Shoreline Goals and Policies section for the shoreline 15 jurisdiction description and SMP Article VII for the definition of uses, activities, 16 and development. 17 (3) The SMP applies to shoreline jurisdiction within the City limits; this SMP will not 18 apply to shorelines in the UGAs until the annexation of the UGA areas to City is 19 finalized. 20 (4) Pursuant to WAC 173-27-060, federal agency activities may be required by other 21 federal laws to meet the permitting requirements of RCW 90.58. This SMP shall 22 apply to all nonfederal developments and uses undertaken on federal lands and on 23 lands subject to nonfederal ownership, lease, or easement, even though such lands 24 may fall within the external boundaries of federal ownership. 25 (5) As recognized by RCW 90.58.350, the provisions of this SMP shall not affect 26 treaty rights of Native American tribes. 27 (6) Maps indicating the extent of shoreline jurisdiction and shoreline designations are 28 guidance only. They are to be used in conjunction with the most current scientific 29 and technical information available, field investigations, and on-site surveys to 30 accurately establish the location and extent of shoreline jurisdiction when a 31 project is proposed. All areas meeting the definition of a shoreline of the state or a 32 SSWS, whether mapped or not, are subject to the provisions of this SMP. 33 29.01.030 Purpose 34 (1) The purposes of this SMP are: City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 21 Page 123 of 459 June 2015 1 (a) To promote the public health, safety, and general welfare of the City by 2 providing comprehensive policies and effective, reasonable regulations for 3 development, use, and protection of jurisdictional shorelines; 4 (b) To further assume and carry out the local government responsibilities 5 established by the SMA in RCW 90.58.050, including planning and 6 administering the regulatory program consistent with the policy and 7 provisions of the SMA in RCW 90.58.020; 8 (c) To provide a high quality shoreline environment where: 9 (i) Recreational opportunities are abundant; 10 (ii) The public enjoys access to and views of shoreline areas; 11 (iii) Natural systems are preserved, restored, or enhanced; 12 (iv) Ecological functions of the shoreline are maintained and improved 13 over time; 14 (v) Water -oriented uses are promoted consistent with the shoreline 15 character and environmental functions; and 16 (d) To apply special conditions to those uses that are not consistent with the 17 control of pollution and prevention of damage to the natural environment 18 or are not unique to or dependent on use of the state's shoreline; and 19 (e) To ensure no net loss of ecological functions associated with the shoreline. 20 29.01.040 Relationship to Other Codes, Ordinances, and Plans 21 (1) All applicable federal, state, and local laws shall apply to properties in the 22 shoreline jurisdiction. Where this SMP makes reference to any RCW, WAC, or 23 other state or federal law or regulation, the most recent amendment or current 24 edition shall apply. 25 (2) In the event provisions of this SMP conflict with provisions of federal, state, or 26 city regulations, the provision that is most protective of shoreline resources shall 27 prevail. It is understood that the provisions of this SMP may not allow 28 development to occur at what otherwise might be the property's full zoning 29 potential. 30 (a) Local plans or programs include, but are not limited to: 31 (i) PMC 24.20 — Provisions for Flood Hazard Protection 32 (ii) PMC Title 23, Environmental Impact 33 (iii) PMC Title 25, Zoning City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 22 Page 124 of 459 June 2015 1 (b) State and federal programs include, but are not limited to: 2 (i) Washington State Hydraulic Project Permits (HPA) 3 (ii) Washington State Pesticide Applicator License Requirements 4 (iii) Washington State Waste Discharge Permits 5 (iv) Washington State Water Quality Certification Requirements (40 1) 6 (v) USACE 404 Permits and Section 10 Permits 7 (3) The policies in the SMP, contained in the SMP elements, state those underlying 8 objectives that the regulations are intended to accomplish. The policies guide the 9 interpretation and enforcement of the SMP regulations contained in PMC 29.01. 10 The policies are not regulations in themselves and, therefore, do not impose 11 requirements beyond those set forth in the regulations. 12 (4) This SMP contains Critical Area Regulations in PMC 29.01 Article V, applicable 13 only in shoreline jurisdictions that provide a level of protection to critical areas 14 assuring no net loss of shoreline ecological functions necessary to sustain 15 shoreline natural resources (RCW 36.70A.480). In the event of a conflict between 16 the requirements of this code and any other code or ordinance of the City, the 17 regulation that provides the greater protection for the particular critical area 18 within shoreline jurisdiction shall apply. 19 (5) Projects in the shoreline jurisdiction that have either been deemed technically 20 complete through the application process or have been approved through local 21 and state reviews prior to the adoption of this SMP are considered accepted. 22 Major changes or new phases of projects that were not included in the originally 23 approved plan will be subject to the policies and regulations of this SMP. 24 29.01.050 Liberal Construction 25 (1) According to RCW 90.58.900, SMA is exempted from the rule of strict 26 construction, and it shall be liberally construed to give full effect to the objectives 27 and purposes for which it was enacted. 28 29.01.060 Severability 29 (1) Should any section or provision of this SMP be declared invalid, such decision 30 shall not affect the validity of this SMP as a whole. 31 29.01.070 Effective Date 32 (1) The SMP is hereby adopted on the XX day of XX 2015. This SMP and all 33 amendments thereto shall become effective 14 days after final approval and 34 adoption by Ecology. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 23 Page 125 of 459 June 2015 2 29.01.080 Definitions 3 (1) "Act" means the Washington State Shoreline Management Act (SMA), 4 Revised Code of Washington (RCW) 90.58. 5 (2) "Active fault" means a fault that is considered likely to undergo renewed 6 movement within a period of concern to humans. Faults are commonly considered 7 to be active if the fault has moved one or more times in the last 10,000 years. 8 (3) "Additions" means improvements to an existing building or structure, the cost of 9 which does not exceed 50% of the assessed value of the total structure or result in 10 an increase greater than 25% of the building footprint (up to a maximum of 11 500 square feet) before the addition is started. Additions must share a common 12 wall (one full side) with the original structure. 13 (4) "Adjacent," for purposes of applying Article V — Critical Areas, means 14 immediately adjoining (in contact with the boundary of the influence area) or 15 within a distance less than that needed to separate activities from critical areas to 16 ensure protection of the functions and values of the critical areas. Adjacent shall 17 mean any activity or development located: 18 (a) On-site immediately adjoining a critical area; or 19 (b) A distance equal to or less than the required critical area buffer width and 20 building setback. 21 (5) "Agricultural activities" means agricultural uses and practices including, but not 22 limited to: producing, breeding, or increasing agricultural products; rotating and 23 changing agricultural crops; allowing land used for agricultural activities to lie 24 fallow in which it is plowed and tilled but left unseeded; allowing land used for 25 agricultural activities to lie dormant as a result of adverse agricultural market 26 conditions; allowing land used for agricultural activities to lie dormant because 27 the land is enrolled in a local, state, or federal conservation program, or the land is 28 subject to a conservation easement; conducting agricultural operations; 29 maintaining, repairing, and replacing agricultural equipment; maintaining, 30 repairing, and replacing agricultural facilities, provided that the replacement 31 facility is no closer to the shoreline than the original facility; and maintaining 32 agricultural lands under production or cultivation. Also see definition of 33 "New Agricultural Activities" below. 34 (6) "Agricultural products" includes: but is not limited to horticultural, viticultural, 35 floricultural, and vegetable, fruit, berry, grain, hops, hay, straw, turf, sod, seed, 36 and apiary products; feed or forage for livestock; Christmas trees; hybrid 37 cottonwood and similar hardwood trees grown as crops and harvested within 38 20 years of planting; and livestock, including both the animals themselves and 39 animal products including, but not limited to, meat, upland finfish, poultry and 40 poultry products, and dairy products. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 24 Page 126 of 459 June 2015 1 (7) "Agricultural equipment" includes, but is not limited to, the following used in 2 agricultural operations: 3 (a) Equipment; machinery; constructed shelters, buildings, and ponds; fences; 4 upland finfish rearing facilities; water diversion, withdrawal, conveyance, 5 and use equipment and facilities including, but not limited to, pumps, 6 pipes, tapes, canals, ditches, and drains; 7 (b) Corridors and facilities for transporting personnel, livestock, and 8 equipment to, from, and within agricultural lands; 9 (c) Farm residences and associated equipment, lands, and facilities; and 10 (d) Roadside stands and on-farm markets for marketing fruit or vegetables. 11 (8) Agricultural facilities. See "Agricultural equipment." 12 (9) "Agricultural land" means those specific land areas on which agriculture activities 13 are conducted as of the date of adoption of a local Shoreline Master Program 14 (SMP) pursuant to these guidelines as evidenced by aerial photography or other 15 documentation. After the effective date of the SMP, land converted to agricultural 16 use is subject to compliance with the requirements of the SMP. 17 (10) "Alteration," for purposes of applying Article V — Critical Areas, means any 18 human -induced change in an existing condition of a critical area or its buffer. 19 Alterations include grading, filling, dredging, channelizing, clearing (vegetation), 20 applying pesticides, discharging waste, construction, compaction, excavation, 21 modifying for stormwater management, relocating, or other activities that change 22 the existing landform, vegetation, hydrology, wildlife, or habitat value of critical 23 areas. 24 (11) "Amendment" means a revision, update, addition, deletion, and/or reenactment to 25 an existing SMP. 26 (12) "Applicant" means a person who files an application for a permit under this SMP 27 and who is either the owner of the land on which that proposed activity would be 28 located, a contract purchaser, or the authorized agent of such a person. 29 (13) "Approval" means an official action by a local government legislative body 30 agreeing to submit a proposed SMP or amendments to Ecology for review and 31 official action pursuant to this SMP or an official action by Ecology to make a 32 local government SMP effective, thereby incorporating the approved SMP or 33 amendment into the SMP. 34 (14) "Aquaculture" means the culture or farming of fish or other aquatic plants and 35 animals. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 25 Page 127 of 459 June 2015 1 (15) "Aquifer recharge area" means an area through which precipitation and surface 2 water infiltrate the soil and are transmitted through rocks and soil to create 3 groundwater storage. They are also areas where an aquifer that is a source of 4 drinking water is vulnerable to contamination that would affect the potability of 5 water. 6 (16) "Area of Influence" encompasses an area that is 2.5 times the height of a slope. 7 The Area of Influence applies to areas that have geologically hazardous attributes 8 consistent with an Erosion or Landslide Hazard Area as defined in Pasco 9 Municipal Code (PMC) 29.01.080, Definitions, and PMC 29.01.560, Geological 10 Hazard Areas. This mapped area surrounds the hazard area from all points for a 11 distance of 2.5 times the height of the applicable slope. Areas with a 15% slope or 12 greater as its only attribute do not have an Area of Influence. 13 (17) "Area of shallow flooding" means a designated AO or AH zone on the Flood 14 Insurance Rate Map (FIRMs). AO is characterized as sheet flow and AH indicates 15 ponding. The base flood depths range from 1 to 3 feet; a clearly defined channel 16 does not exist; the path of flooding is unpredictable and indeterminate; and 17 velocity flow may be evident. 18 (18) "Area of special flood hazard" means the land in the floodplain within a 19 community subject to a 1% or greater chance of flooding in any given year. 20 Designation on maps always includes the letters A or V. 21 (19) "Assessed value" means assessed valuation shall be as established by the County 22 assessor's office, unless otherwise provided by a market appraisal institute 23 appraisal. 24 (20) "Associated wetlands" are those wetlands that are in proximity to and either 25 influence or are influenced by a stream subject to the SMA. 26 (21) "Average grade level" means the average of the natural or existing topography of 27 the portion of the lot, parcel, or tract of real property that will be directly under 28 the proposed building or structure. In the case of structures to be built over water, 29 average grade level shall be the elevation of the ordinary high water mark 30 (OHWM). Calculation of the average grade level shall be made by averaging the 31 ground elevations at the midpoint of all exterior walls of the proposed building or 32 structure. 33 (22) "Base flood" means a flood having a 1% chance of being equaled or exceeded in 34 any given year. Also referred to as the "100 -year flood." Designated on FIRM 35 with the letters A or V. 36 (23) "Base flood elevation" means the water surface elevation of the base flood. It 37 shall be referenced to the North American Vertical Datum of 1988. 38 (24) "Basement" means any area of a building having its floor subgrade (below ground 39 level) on all sides. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 26 Page 128 of 459 June 2015 1 (25) 'Best management practices (BMPs)" means conservation practices or systems of 2 practice and management measures that: 3 (a) Control soil loss and reduce water quality degradation caused by high 4 concentrations of nutrients, animal waste, toxics, and sediment; 5 (b) Minimize adverse impacts on surface water and groundwater flow, and 6 circulation patterns, and the chemical, physical, and biological 7 characteristics of wetlands; 8 (c) Protect trees and vegetation designated to be retained during and following 9 site construction; and 10 (d) Provide standards for proper use of chemical herbicides within critical 11 areas. 12 (26) 'Best Management Practices, Agricultural' means systems of practices, schedules 13 of activities, prohibitions, maintenance procedures, and management measures 14 that prevent or minimize adverse impacts to the environment. Such practices may 15 be subject to varying conditions, which include geographical location, weather, 16 soil or mineral types and conditions, type of crop or livestock, type of mining, and 17 management systems. Generally accepted agricultural BMPs include those 18 practices historically carried out in the region and those practices defined by the 19 State of Washington, Department of Agriculture, recommendations by the 20 U.S. Department of Agriculture, and other professional and industry agricultural 21 organizations. 22 (27) 'Boating facilities" allowed in the City include boat launches and upland boat 23 storage, marinas, and other boat moorage structures or uses. For the purposes of 24 this SMP, boating facilities excludes docks serving four or fewer single-family 25 residences. 26 (28) 'Breakwater" means an offshore structure whose primary purpose is to protect 27 harbors, moorages, and navigation activity from wave and wind action by creating 28 stillwater areas along shore. A secondary purpose is to protect shorelines from 29 wave -caused erosion. Breakwaters are generally built parallel to shore, may or 30 may not be connected to land, and may be floating or stationary. 31 (29) 'Buffer, Critical Areas," means an area, which provides the margin of safety 32 through protection of slope stability, attenuation of surface water flows and 33 landslide hazards reasonably necessary to minimize risk to the public from loss of 34 life or well-being or property damage resulting from natural disasters, or an area 35 which is an integral part of a stream or wetland ecosystem and which provides 36 shading, input of organic debris and coarse sediments, room for variation in 37 stream or wetland boundaries, habitat for wildlife and protection from harmful 38 intrusion necessary to protect the public from losses suffered when the functions 39 and values of aquatic resources are degraded. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 27 Page 129 of 459 June 2015 1 (30) "Building setback line" means a line beyond which the foundation of a structure 2 shall not extend. 3 (31) "City" means the City of Pasco. 4 (32) "Clearing" means the cutting, killing, grubbing, or removing of vegetation or 5 other organic material by physical, mechanical, chemical, or any other similar 6 means. 7 (33) "Cluster" means a group of three or more significant trees with overlapping or 8 touching crowns. 9 (34) "Community access" means a shoreline access available to a group or community 10 (e.g., homeowners association), which may not be accessible to general public. 11 (35) "Compensation project" means actions specifically designed to replace 12 project -induced critical area and buffer losses. Compensation project design 13 elements may include land acquisition, planning, construction plans, monitoring, 14 and contingency actions. 15 (36) "Compensatory mitigation" means types of mitigation used to replace project - 16 induced critical areas and buffer losses or impacts. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 (37) "Critical aquifer recharge area" means those areas that are: (a) Designated as "Wellhead Protection Areas" pursuant to the Washington Administrative Code (WAC) 246-290-135(4) and the groundwater contribution area in WAC 246-291-100 (2)(e). Wellhead protection areas shall, for the purpose of this regulation, include the identified recharge areas associated with either Group A public water supply wells and those Group B wells with a Wellhead Protection Plan filed with the Franklin County Health District; and (b) Identified in the Soil Survey of Pasco as having high potential for aquifer recharge, including those soil types identified by the Shoreline Administrator. (38) "Crown" means the area of a tree containing leaf- or needle -bearing branches. (39) "Cultural and historic resources" means buildings, sites and areas having archaeological, historic, cultural, or scientific value or significance. (40) "Designated floodway" means the regulatory floodway that has been delineated on the City's FIRM. (41) "Developable area" means a site or portion of a site that may be utilized as the location of development, in accordance with the rules of this SMP. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 28 Page 130 of 459 June 2015 1 (42) "Development" means a use consisting of: the construction or exterior alteration 2 of structures; dredging; drilling; dumping; filling; removal of any sand, gravel, or 3 minerals; bulk heading; driving of piling; placing of obstructions; or any project 4 of a permanent or temporary nature, which interferes with the normal public use 5 of the surface of the waters overlying lands subject to the act at any stage of water 6 level. 7 (43) "Development permit" means any permit issued by the City or other authorized 8 agency, for construction, land use, or the alteration of land. 9 (44) "Dock" means, as a general term, a structure, or group of structures that provides 10 boat moorage or other uses. A dock may be made up of piers (which are structures 11 on fixed piles) and floats (which float on the water's surface and are typically 12 attached to piles so that they may rise and fall with changes in the water's 13 elevation). 14 (45) "Dredging" means the removal of sediments from the bed of a waterbody by 15 mechanical means. 16 (46) "Ecological functions" or "shoreline functions" means the work performed or role 17 played by the physical, chemical, and biological processes that contribute to the 18 maintenance of the aquatic and terrestrial environments that constitute the 19 shoreline's natural ecosystem. 20 (47) "Ecosystem -wide processes" means the suite of naturally occurring physical and 21 geologic processes of erosion, transport, and deposition, and specific chemical 22 processes that shape landforms within a specific shoreline ecosystem and 23 determine the types of habitat and the associated ecological functions. 24 (48) "Erosion" means the detachment and movement of soil or rock by water, wind, 25 ice, or gravity. 26 (49) "Erosion hazard area" means those areas that, because of natural characteristics, 27 including vegetative cover, soil texture, slope gradient, rainfall patterns, or 28 human -induced changes to such characteristics, are vulnerable to erosion. 29 (50) "Feasible" means, for the purpose of this SMP, that an action, such as a 30 development project, mitigation, or preservation requirement, meets all of the 31 following conditions: (a) the action can be accomplished with technologies and 32 methods that have been used in the past in similar circumstances, or studies or 33 tests have demonstrated in similar circumstances that such approaches are 34 currently available and likely to achieve the intended results; (b) the action 35 provides a reasonable likelihood of achieving its intended purpose; and (c) the 36 action does not physically preclude achieving the project's primary intended legal 37 use. In cases where these guidelines require certain actions, unless they are 38 infeasible, the burden of proving infeasibility is on the applicant. In determining 39 an action's infeasibility, the reviewing agency may weigh the action's relative City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 29 Page 131 of 459 June 2015 1 public costs and public benefits, considered in the short -and long-term time 2 frames. 3 (51) "Federal Emergency Management Agency (FEMA)" means the agency that 4 oversees the administration of the National Flood Insurance Program (44 Code of 5 Federal Regulation [CFR]). 6 (52) "Fill" means the addition of soil, sand, rock, gravel, sediment, earth retaining 7 structure, or other material to an area waterward of the OHWM, in wetlands or on 8 shoreline areas in a manner that raises the elevation or creates dry land. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 30 31 32 33 34 35 36 (53) "Fish and wildlife habitat conservation areas" means areas necessary for maintaining species in suitable habitats within their natural geographic distribution so isolated subpopulations are not created as designated by WAC 365-190-080(5). These areas include: (a) Areas within which state and federal endangered and threatened species exist, or state sensitive, candidate, and monitor species have a primary association; (b) Priority Habitat and Species Areas identified by the Washington Department of Fish and Wildlife (WDFW); (c) Habitats and species of local importance that have been designated by the City at the time of application; (d) Naturally occurring ponds less than 20 acres and their submerged aquatic beds that provide fish or wildlife habitat. These do not include ponds deliberately designed and created from dry sites such as canals, detention facilities, wastewater treatment facilities, farm ponds, temporary construction ponds of less than 3 years duration, and landscape amenities. Naturally occurring ponds may include those artificial ponds intentionally created from dry areas in order to mitigate conversion of ponds, if permitted by a regulatory authority; (e) Waters of the state as defined by WAC 222-16; (f) Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity; (g) Areas with which anadromous fish species have a primary association; and (h) State natural area preserves and natural resources conservation areas. (54) "Flood" or "flooding" mean a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters and/or the unusual and rapid accumulation of runoff or surface waters from any source. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 30 Page 132 of 459 June 2015 1 (55) "Flood hazard area" means any area subject to inundation by the base flood or risk 2 from channel migration, including, but not limited to, an aquatic area, wetland, or 3 closed depression. 4 (56) "Flood insurance rate map (FIRM)" means the official map on which the 5 Federal Insurance Administration has delineated both the areas of special flood 6 hazards and the risk premium zones applicable to the City. 7 (57) "Flood insurance study" means the official report provided by the Federal 8 Insurance and Mitigation Administration that includes the flood profiles, the 9 FIRM, and the water surface elevation of the base flood (44 CFR Part 59). 10 (58) "Flood protection elevation" means an elevation that is 1 foot or more above the 11 base flood elevation. 12 (59) "Floodplain" is synonymous with 100 -year floodplain and means that land area 13 susceptible to inundation with a I% chance of being equaled or exceeded in any 14 given year. The limit of this area shall be based on flood ordinance regulation 15 maps or a reasonable method, which meets the objectives of the SMA. 16 (60) "Floodproofing" means adaptations that ensure a structure is substantially 17 resistant to the passage of water below the flood protection elevation and resists 18 hydrostatic and hydrodynamic loads and effects of buoyancy. 19 (61) "Floodway" means the channel of a river or other watercourse and the adjacent 20 land areas through which the base flood is discharged. Floodways identified on 21 flood boundary and floodway maps become "regulatory floodways" within which 22 encroachment of obstructions are prohibited. 23 (62) "Floodway dependent structure," for purposes of applying Article V -- Critical 24 Areas, means structures such as, but not limited to, dams, levees, pump stations, 25 streambank stabilization, boat launches and related recreational structures, bridge 26 piers and abutments, and fisheries enhancement or stream restoration projects. 27 (63) "Functions" and "values," for purposes of applying Article V — Critical Areas, 28 mean the beneficial roles served by critical areas, including, but not limited to, 29 water quality protection and enhancement, fish and wildlife habitat, food chain 30 support, flood storage, conveyance and attenuation, groundwater recharge and 31 discharge, erosion control, and recreation. Functions and values may be 32 considered independently, with functions being measured indicators such as water 33 quality, hydrologic functions, and habitat functions and values being 34 non -measured indicators such as local importance, potential qualities, or 35 recreational benefits. 36 (64) "Geological hazard areas" means areas that, because of their susceptibility to 37 erosion, sliding, earthquake, or other geologic events, are not suited to the siting 38 of commercial, residential, or industrial development consistent with public health 39 or safety concerns. Geological Hazard Areas include Erosion Hazards, Landslide City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 31 Page 133 of 459 June 2015 1 Hazards, Mine Hazards, and Seismic Hazards, as defined herein and specified in 2 PMC 29.01.560. 3 (65) "Geotechnical Report" or "geotechnical analysis" means a scientific study or 4 evaluation conducted by a qualified expert that includes a description of the 5 ground and surface hydrology and geology, the affected landform and its 6 susceptibility to mass wasting, erosion, and other geologic hazards or processes, 7 conclusions and recommendations regarding the effect of the proposed 8 development on geologic conditions, the adequacy of the site to be developed, the 9 impacts of the proposed development, alternative approaches to the proposed 10 development, and measures to mitigate potential site-specific and cumulative 11 geological and hydrological impacts of the proposed development, including the 12 potential adverse impacts on adjacent and down -current properties. Geotechnical 13 Reports shall conform to accepted technical standards and must be prepared by 14 qualified professional engineers or geologists who have professional expertise 15 about the regional and local shoreline geology and processes. 16 (66) "Grading" means stripping, cutting, filling, or stockpiling of land, including the 17 land in its cut or filled condition to create new grade. 18 (67) "Groin" means a barrier type of structure extending from the streambank into a 19 waterbody for the purpose of the protection of a shoreline and adjacent uplands by 20 influencing the movement of water or deposition of materials. 21 (68) "Ground cover" means all types of vegetation other than trees. 22 (69) "Guidelines" means those standards adopted by the department to implement the 23 policy of RCW 90.58 for regulation of use of the shorelines of the state prior to 24 adoption of SMPs. Such standards shall also provide criteria for local 25 governments and the department in developing and amending SMPs. 26 (70) "Hazard areas" means areas designated as frequently flooded or geologically 27 hazardous areas due to potential for erosion, landslide, seismic activity, mine 28 collapse, or other geologically hazardous conditions, including steep slopes. 29 (71) "Hazardous substance(s)" means: 30 (a) A hazardous substance as defined by Section 101(14) of the 31 Comprehensive Environmental Response, Compensation, and Liability 32 Act; any substance designated pursuant to Section 311(b)(2)(A) of the 33 Clean Water Act (CWA); any hazardous waste having the characteristics 34 identified under or listed pursuant to Section 3001 of the Solid Waste 35 Disposal Act (but not including any waste the regulation of which under 36 the Solid Waste Disposal Act has been suspended by Act of Congress); 37 any toxic pollutant listed under Section 307(a) of the CWA; or any 38 imminently hazardous chemical substance or mixture with respect to 39 which the United States Environmental Protection Agency has taken 40 action pursuant to Section 7 of the Toxic Substances Control Act; and City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 32 Page 134 of 459 June 2015 1 (b) Hazardous substances that include any liquid, solid, gas, or sludge, 2 including any material, substance, product, commodity, or waste, 3 regardless of quantity, that exhibit any of the physical, chemical, or 4 biological properties described in WAC 173-303-090, 173-303-102, or 5 173-303-103. 6 (72) "High-intensity land use" means land uses consisting of commercial, urban, 7 industrial, institutional, retail, residential with more than one unit per acre, 8 agricultural (dairies, nurseries, raising and harvesting crops, requiring annual 9 tilling, and raising and maintaining animals), high-intensity recreation 10 (golf courses, ball fields), and hobby farms. 11 (73) "Heavy equipment" means such construction machinery as backhoes, treaded 12 tractors, dump trucks, and front-end loaders. 13 (74) "Hydraulic project approval (HPA)" means a permit issued by WDFW for 14 modification to waters of the state in accordance with RCW 75.20. 15 (75) "Impervious surface area" means a hard surface area, which either prevents or 16 retards the entry of water into the soil mantle as under natural conditions prior to 17 development. Impervious surface shall also include a hard surface area, which 18 causes water to run off the surface in greater quantities or at an increased rate of 19 flow from the flow present under natural conditions prior to development. 20 Common impervious surfaces include rooftops, walkways, patios, driveways, 21 parking lots or storage areas, concrete or asphalt paving, gravel roads with 22 compacted subgrade, packed earthen materials, and oiled, macadam or other 23 surfaces, which similarly impede the natural infiltration of stormwater. Open, 24 uncovered retention/detention facilities shall not be considered as impervious 25 surfaces. 26 (76) "In -stream structures" function for the impoundment, diversion, or use of water 27 for hydroelectric generation and transmission (including public and private 28 facilities), flood control, irrigation, water supply (domestic and industrial), 29 recreation, or fisheries enhancement. 30 (77) "Invasive, non-native vegetation species" means the plants listed for 31 Eastern Washington in Washington State Noxious Weed Board Publication 32 # 820-264E (N/6/09), or the latest version of this document. 33 (78) "Isolated wetland" means those wetlands and their buffers that are outside of the 34 following critical areas and their buffers, where applicable: 100 -year floodplain, 35 lake, river, stream, or wetland. Isolated wetlands have no contiguous hydric soil 36 or hydrophytic vegetation between the wetland and any surface water. 37 (79) "Landslide" means down slope movement of a mass of soil, rock, snow or ice, 38 including, but not limited to, rock falls, slumps, mud flows, debris flows, torrents, 39 earth flows, and snow avalanches. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 33 Page 135 of 459 June 2015 1 (80) "Landslide hazard areas" means those areas potentially subject to landslides based 2 on a combination of geologic, topographic, and hydrologic factors. 3 (81) "Low -intensity land use" includes forestry and open space (such as passive 4 recreation and natural resources preservation). 5 (82) "Lowest floor" means the lowest enclosed area (including basement) of a 6 structure. An unfinished or flood resistant enclosure, usable solely for parking of 7 vehicles, building access, or storage in an area other than a basement area, is not 8 considered a building's lowest floor, provided that such enclosure is not built so as 9 to render the structure in violation of the applicable non -elevation design 10 requirements of these Critical Area Regulations found in PMC 29.01.550, F Flood 11 Hazard Areas (i.e., provided there are adequate flood ventilation openings). 12 (83) "May" means the action is acceptable, provided it conforms to the provisions of 13 this SMP. 14 (84) "Mitigation sequencing" means the process of avoiding, reducing, or 15 compensating for the adverse environmental impact(s) of a proposal, including 16 the following actions, listed in the order of preference, the first being the most 17 preferred: 18 (a) Avoiding the impact altogether by not taking a certain action or parts of an 19 action; 20 (b) Where impact on critical areas or their buffers will not be avoided, 21 demonstrating that the impact meets the criteria for granting a 22 Shoreline Variance Permit or other administratively approved alteration; 23 (c) Minimizing impacts by limiting the degree or magnitude of the action and 24 its implementation by using appropriate technology or by taking 25 affirmative steps to avoid or reduce impacts; 26 (d) Rectifying the impact by repairing, rehabilitating, or restoring the affected 27 environment; 28 (e) Reducing or eliminating the impact over time by preservation and 29 maintenance operations during the life of the action; 30 (f) Compensating for the impact by replacing, enhancing, or providing 31 substitute resources or environments; and 32 (g) Monitoring the impact and the compensation projects and taking 33 appropriate corrective measures. 34 (85) "Mixed-use" or "Mixed-use development" means a combination of uses within 35 the same building or site as a part of an integrated development project with City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 34 Page 136 of 459 June 2015 1 functional interrelationships and coherent physical design that includes a mix of 2 water -oriented and non -water -oriented uses. 3 (86) "Moderate -intensity land use" includes residential at a density of 1 -unit -per -acre 4 or less, moderate -intensity open space (parks), and agriculture (moderate intensity 5 land uses such as orchards and hay fields). 6 (87) "Monitoring" means the collection of data by various methods for the purpose of 7 understanding natural systems and features, evaluating the impact of development 8 proposals on such systems, and/or assessing the performance of mitigation 9 measures imposed as conditions of development. 10 (88) "Must" means a mandate; the action is required. 11 (89) "Native vegetation" means plant species that are indigenous to the region. 12 (90) "New agricultural activities" are activities that meet the definition of agricultural 13 activities but are proposed on land not in agricultural use at the adoption date of 14 this SMP. 15 (91) "New construction" means structures for which the start of construction 16 commenced on or after the effective date of the ordinance codified in this SMP. 17 (92) "Non -water -oriented uses" means those uses that are not water -dependent, 18 water -related, or water -enjoyment. 19 (93) "Normal maintenance" means those usual acts that are necessary to prevent a 20 property's decline, lapse, or cessation from a lawfully established condition. 21 (94) "Normal repair" means to restore a structure or development to a state comparable 22 to its original condition including, but not limited to, its size, shape, configuration, 23 location, and external appearance, within a reasonable period after decay or 24 partial destruction, except where repair causes substantial adverse impacts on 25 shoreline resources or environment. Replacement of a structure or development 26 may be authorized as repair where such replacement is the common method of 27 repair for the type of structure or development, and the replacement structure or 28 development is comparable to the original structure or development including, but 29 not limited to, its size, shape, configuration, location, and external appearance, 30 and the replacement does not cause substantial adverse impacts on shoreline 31 resources or environment. 32 (95) "Ordinary high water mark (OHWM)" means that mark that will be found by 33 examining the bed and banks and ascertaining where the presence and action of 34 waters are so common and usual, and so long continued in all ordinary years, as to 35 mark upon the soil a character distinct from that of the abutting upland, in respect 36 to vegetation as that condition exists on June 1, 1971, as it may naturally change 37 thereafter in accordance with permits issued by a local government or the 38 department. Where the OHWM cannot be found, it shall be the line of mean high City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 35 Page 137 of 459 June 2015 1 water. For braided streams, the OHWM is found on the banks forming the outer 2 limits of the depression within which the braiding occurs. 3 (96) "Practical alternative" means an alternative that is available and capable of being 4 carried out after taking into consideration cost, existing technology, and logistics 5 in light of overall project purposes, and having less impact on critical areas. 6 (97) "Primitive trail" means unimproved and unpaved, but physically defined pathway 7 for non -motorized movement. 8 (98) "Priority habitat" means a habitat type with unique or significant value to one or 9 more species. An area classified and mapped as priority habitat must have one or 10 more of the following attributes: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 (a) Comparatively high fish or wildlife density; (b) Comparatively high fish or wildlife species diversity; (c) Fish spawning habitat; (d) Important wildlife habitat; (e) Important fish or wildlife seasonal range; (f) Important fish or wildlife movement corridor; (g) Rearing and foraging habitat; (h) Refugia habitat; (i) Limited availability; 0) High vulnerability to habitat alteration; or (k) Unique or dependent species. A priority habitat may be described by a unique vegetation type or by a dominant plant species that is of primary importance to fish and wildlife. A priority habitat may also be described by a successional stage (such as old growth and mature forests). Alternatively, a priority habitat may consist of a specific habitat element (such as caves or snags) of key value to fish and wildlife. A priority habitat may contain priority and/or non-priority fish and wildlife. (99) "Priority species" means species requiring protective measures and/or management guidelines to ensure their persistence at genetically viable population levels. Priority species are those that meet any of the following criteria: (a) Criterion 1. State -listed or state -proposed species. State -listed species are those native fish and wildlife species legally designated as endangered City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 36 Page 138 of 459 June 2015 1 (WAC 232-12-014), threatened (WAC 232-12-011), or sensitive 2 (WAC 232-12-011). State -proposed species are those fish and wildlife 3 species that will be reviewed by the WDFW (POL-M-6001) for possible 4 listing as endangered, threatened, or sensitive according to the process and 5 criteria defined in WAC 232-12-297. 6 (b) Criterion 2. Vulnerable aggregations. Vulnerable aggregations include 7 those species or groups of animals susceptible to significant population 8 declines, within a specific area or statewide, by virtue of their inclination 9 to congregate. 10 (c) Criterion 3. Species of recreational, commercial, and/or tribal importance. 11 Native and non-native fish and wildlife species of recreational or 12 commercial importance and recognized species used for tribal ceremonial 13 and subsistence purposes that are vulnerable to habitat loss or degradation. 14 (d) Criterion 4. Species listed under the Federal Endangered Species Act as 15 either proposed, threatened, or endangered. 16 (100) "Provisions" means any definition, policy, goal, regulation, requirement, standard, 17 authorization, prohibition, guideline criteria, or environment designations. 18 (101) "Public Access" means physical and visual access. Public access includes the 19 ability of the general public to reach, touch, and enjoy the water's edge, to travel 20 on the waters of the state, and to view the water and the shoreline from adjacent 21 locations. The following are examples of public access: 22 (a) Visual Access. Visual public access may consist of view corridors, 23 viewpoints, or other means of visual approach to public waters. 24 (b) Physical Access. Physical public access may consist of a dedication of 25 land or easement and a physical improvement in the form of a walkway, 26 trail, bikeway, park, boat or canoe and kayak launching ramp, dock area, 27 view platform, or other area serving as a means of physical approach to 28 public waters. 29 (102) "Public Access Plan" means the City of Pasco's Rivershore Linkage and Amenity 30 Plan adopted on July 16, 2012. 31 (103) "Public agency" means every city, county, state, or federal office, every officer, 32 every institution, whether educational, correctional, or other, and every 33 department, division, board, and commission that provides services or 34 recommendations to the public or other such agencies. 35 (104) "Public utility" means a public service corporation performing some public 36 service subject to special governmental regulations, or a governmental agency 37 performing similar public services, either of which are paid for directly by the City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 37 Page 139 of 459 June 2015 1 recipients thereof. Such services shall include water supply, electric power, gas, 2 and transportation for persons and freight. 3 (105) "Qualified professional' means a person with experience and training in the 4 pertinent discipline, and who is a qualified expert with expertise appropriate for 5 the relevant critical area or shoreline subject. A qualified professional must have 6 obtained a B.S., B.A., or equivalent degree or certification in biology, 7 engineering, environmental studies, fisheries, geomorphology, landscape 8 architecture, forestry or related field, and 2 years of related work experience. 9 (a) A qualified professional for wildlife, habitats, or wetlands must have a 10 degree in biology, zoology, ecology, fisheries, or related field, and 11 professional experience in Washington State. 12 (b) A qualified professional for a geological hazard must be a professional 13 engineer or geologist, licensed in the State of Washington. 14 (c) A qualified professional for critical aquifer recharge areas means a 15 hydrogeologist, geologist, engineer, or other scientist with experience in 16 preparing hydrogeologic assessments. 17 (d) A qualified professional with flood and channel migration zone expertise 18 must be a hydrologist or fluvial geomorphologist. 19 (e) A qualified professional for vegetation management must be a registered 20 landscape architect, certified arborist, biologist, or professional forester 21 with a corresponding degree or certification. 22 (f) A qualified archaeologist must be a person qualified for addressing 23 cultural and historic resources protection and preservation, with a degree 24 in archaeology, anthropology, history, classics or other germane 25 disciplines with a specialization in archaeology and/or historic 26 preservation and with a minimum of 2 years of experience in preparing 27 Cultural Resource Site Assessments reports. 28 (106) "Recreational development" means the modification of the natural or existing 29 environment to accommodate commercial and public facilities designed and used 30 to provide recreational opportunities to the public. Commercial recreational 31 development should be consistent with commercial development defined herein. 32 (107) "Recreational vehicle" means a vehicle designed primarily for recreational 33 camping, travel, or seasonal use that has its own mode of power or is mounted on 34 or towed by another vehicle, including, but not limited, to travel trailers, folding 35 camping trailers, truck campers, motor homes, motorized boats, and multi -use 36 vehicles or any structure inspected, approved, and designated a recreational 37 vehicle by and bearing the insignia of the State of Washington or any other state 38 or federal agency having the authority to approve recreational vehicles. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 38 Page 140 of 459 June 2015 1 (108) "Research and Monitoring" includes activities associated with identifying data, 2 and collecting, monitoring, and evaluating scientific data and information to 3 support water, fisheries, and other ecological services management, restoration, 4 and operational activities. Example activities that could be included under this 5 category include installing and operating stream and water quality monitoring 6 gages, collecting fisheries data using a trap or other devices, setting up and using 7 equipment to collect sediment data, and other data collection activities that need 8 to utilize the shoreline and waters of the state to meet public objectives. 9 (109) "Residential development" entails one or more buildings, structures, lots, parcels 10 or portions thereof that are designed, used, or intended to be used as a place of 11 abode for human beings. These include single-family residences, residential 12 subdivisions, short residential subdivisions, attached dwellings, and all accessory 13 uses or structures normally associated with residential uses. Accessory residential 14 uses include garages, sheds, tennis courts, swimming pools, parking areas, fences, 15 cabanas, saunas, and guest cottages. Hotels, motels, dormitories, or any other type 16 of overnight or transient housing are excluded from the residential category and 17 must be considered commercial uses depending on project characteristics. 18 (110) 'Restore," "Restoration," or "Ecological restoration" means the reestablishment or 19 upgrading of impaired natural or enhanced ecological shoreline processes or 20 functions. This may be accomplished through measures, including, but not limited 21 to, revegetation, removal of intrusive shoreline structures, and removal or 22 treatment of toxic materials. Restoration does not imply a requirement for 23 returning the shoreline area to pre -aboriginal, or pre -European settlement 24 conditions. 25 (111) 'Riparian habitat" means areas adjacent to aquatic systems with flowing water 26 that contains elements of aquatic and terrestrial ecosystems that mutually 27 influence each other. 28 (112) "Salmonid" means a member of the fish family Salmonidae, including: King, 29 Chinook, Coho, chum, sockeye, and pink salmon; cutthroat, brook, brown, 30 rainbow, and steelhead trout; kokanee; and native char (bull trout and 31 Dolly Varden). 32 (113) "Section 404 Permit" means a permit issued by the U.S. Army Corps of Engineers 33 (USACE) for the placement of dredge or fill material waterward of the OHWM or 34 clearing in waters of the United States, including wetlands, in accordance with 35 33 U.S. Code Section 1344. 36 (114) "Seismic hazard areas" means areas that are subject to severe risk of damage as a 37 result of earthquake -induced ground shaking, slope failure, settlement, or soil 38 liquefaction. 39 (115) "Shall" means a mandate; the action must be done. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 39 Page 141 of 459 June 2015 1 (116) "Shoreline areas" and "shoreline jurisdiction" means all "shorelines of the state" 2 and "shorelands" as defined in RCW 90.58.030. 3 (117) "Shoreline Master Program" means the comprehensive use plan for a described 4 area and the use regulations together with maps, diagrams, charts, or other 5 descriptive material and text, a statement of desired goals, and standards 6 developed in accordance with the policies enunciated in RCW 90.58.020. As 7 provided in RCW 36.70A.480, the goals and policies of an SMP for a county or 8 city approved under RCW 90.58 shall be considered an element of the county or 9 City's Comprehensive Plan. All other portions of the SMP for a county or city 10 adopted under RCW 90.58, including use regulations, shall be considered a part 11 of the county or city's development regulations. 12 (118) "Shoreline modifications" means those actions that modify the physical 13 configuration or qualities of the shoreline area, usually through the construction of 14 a physical element such as a dike, breakwater, pier, weir, dredged basin, fill, 15 bulkhead, or other shoreline structure. They can include other actions, such as 16 clearing, grading, or application of chemicals. 17 (119) "Shoreline stabilization" means actions taken to address erosion impacts to 18 property and dwellings, businesses, or structures caused by natural processes such 19 as current, flood, wind, or wave action. These actions include structural and non - 20 structural methods. Non-structural methods include building setbacks, relocation 21 of the structure to be protected, groundwater management, and planning and 22 regulatory measures to avoid the need for structural stabilization. 23 (120) "Should" means that the particular action is required unless there is a 24 demonstrated, compelling reason, based on policy of the SMA and this SMP, 25 against taking the action. 26 (121) "Significant adverse environmental impacts" (as used in State Environmental 27 Policy Act [SEPA]) means a reasonable likelihood of more than a moderate 28 adverse impact on environmental quality (WAC 197-11-794). 29 (122) "Significant vegetation removal" means the removal or alteration of trees, shrubs, 30 and/or ground cover by clearing, grading, cutting, burning, chemical means, or 31 other activity that causes significant ecological impacts on functions provided by 32 such vegetation. The removal of invasive or noxious weeds does not constitute 33 significant vegetation removal. Tree pruning, not including tree topping, where it 34 does not affect ecological functions, does not constitute significant vegetation 35 removal. 36 (123) "Site Assessment Requirements" means requirements for Critical Area Report. 37 (124) "Snag" means the remaining trunk of a dying, diseased, or dangerous tree that is 38 reduced in height and stripped of all live branches. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 40 Page 142 of 459 June 2015 1 (125) "Special flood hazard area" means an area subject to abase or 100 -year flood; 2 areas of special flood hazard are shown on a flood hazard boundary map or flood 3 insurance rate map as Zone A, AO, Al -30, AE, A99, AH. 4 (126) "Species and habitats of local importance" means those species that may not be 5 endangered, threatened, or critical from a state-wide perspective, but are of local 6 concern due to their population status, sensitivity to habitat manipulation, or other 7 educational, cultural, or historic attributes. These species may be priority habitats, 8 priority species, and those habitats and species identified in the critical areas code 9 as having local importance (e.g., elk). 10 (127) "Species, threatened and endangered" means those native species that are listed by 11 "FW pursuant to RCW 77.12.070 as threatened (WAC 232-12-011) or 12 endangered (WAC 232-12-014), or that are listed as threatened or endangered 13 under the Federal Endangered Species Act (16 U.S. Code 1533). 14 (128) "Start of construction" means and includes substantial improvement and means 15 the date the building permit was issued, provided the actual start of construction, 16 repair, reconstruction, placement, or other improvement was within 180 days of 17 the permit issuance date. For cumulative tracking, the permit may extend beyond 18 the specified time frame to the time of permit completion. The actual start means 19 either the first placement of permanent construction of a structure on a site such as 20 the pouring of slab or footings, the installation of piles, the construction of 21 columns, or any work beyond the stage of excavation, or the placement of a 22 manufactured home on a foundation. Permanent construction does not include 23 land preparation, such as clearing, grading, and filling, nor does it include the 24 installation of streets and/or walkways, nor does it include excavation for a 25 basement, footings, piers, or foundation or the erection of temporary forms, nor 26 does it include the installation on the property of accessory buildings such as 27 garages or sheds not occupied as dwelling units or not part of the main structure. 28 For a substantial improvement, the actual start of construction means the first 29 alteration of any wall, ceiling, floor, or other structural part of a building, whether 30 or not that alteration affects the external dimensions of the building. 31 (129) "Steep slopes" means those slopes (excluding City -approved geotechnical 32 engineered slopes) 40% or steeper within a vertical elevation change of at least 33 10 feet. A slope is defined by establishing its toe and top and is measured by 34 averaging the inclination over at least 10 feet of vertical relief. 35 (130) "Stream" means any portion of a channel, bed, bank, or bottom waterward of the 36 OHWM of waters of the state, including areas in which fish may spawn, reside, or 37 pass, and tributary waters with defined bed or banks, which influence the quality 38 of fish habitat downstream. This includes watercourses that flow on an 39 intermittent basis or fluctuate in level during the year and applies to the entire bed 40 of such watercourse whether or not the water is at peak level. This definition does 41 not include irrigation ditches, canals, stormwater runoff devices, or other entirely City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 41 Page 143 of 459 June 2015 1 artificial watercourses, except where they exist in a natural watercourse that has 2 been altered by humans. 3 (131) "Structure" means a permanent or temporary edifice or building, or any piece of 4 work artificially built or comprising parts joined together in some definite 5 manner, whether installed on, above, or below the surface of the ground or water. 6 (132) "Substantial damage" means damage of any origin, including intentional and 7 unintentional demolition, sustained by a structure whereby the cost of restoring 8 the structure to its before -damaged condition would equal or exceed 50% of the 9 assessed value of the structure before the damage occurred. 10 (133) "Substantial improvement" means any rehabilitation, repair, reconstruction, 11 addition, or other improvement of a building when the cost of the improvement 12 equals or exceeds 50% of the market value of the building before start of 13 construction of the improvement. The term includes buildings that have incurred 14 substantial damage or damage of any origin sustained by a building when the cost 15 of restoring the building to its pre -damaged condition would equal or exceed 50% 16 of the market value before the damage occurred. Substantial improvement does 17 not include any project for improvement of a structure to correct existing 18 violations of state or local health, sanitary, or safety code specifications, which 19 have been identified by the local code enforcement official and are the minimum 20 necessary to ensure safe living conditions or any alteration of a historic structure, 21 provided that the alteration will not preclude the structure's continued designation 22 as a historic structure. 23 (134) "Substantially degrade" means to cause significant ecological impact. 24 (135) "Thinning" means the evenly spaced non-commercial removal of up to 40% of 25 trees and woody shrubs. 26 (136) "Topping" means the severing of main trunks or stems of vegetation at anyplace 27 above 25% of the vegetation height. 28 (137) "Transportation facilities" are those structures and developments that provide for 29 the movement of people, goods, and services. These include roads and highways, 30 railroad facilities, bridges, parking facilities, bicycle paths, trails, and other related 31 facilities. 32 (138) "Tree removal" means the removal of a tree, through either direct or indirect 33 actions, including, but not limited to: (a) clearing, damaging or poisoning 34 resulting in an unhealthy or dead tree; (b) removal of at least half of the live 35 crown; or (c) damage to roots or trunk that is likely to destroy the tree's structural 36 integrity. 37 (139) "Trees" means any living woody plant characterized by one main stem or trunk 38 and many branches and having a diameter of four inches or more measured 39 24 inches above ground level. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 42 Page 144 of 459 June 2015 1 (140) "Unavoidable" means adverse impacts that remain after all appropriate and 2 practicable avoidance and minimization have been achieved. 3 (141) "Utility" means a service and/or facility that produces, transmits, carries, stores, 4 processes, or disposes of electrical power, gas, potable water, stormwater, 5 communications (including, but not limited to, telephone and cable), sewage, oil, 6 and the like. 7 (142) "Vegetation" means plant life growing below, at, and above the soil surface. (143) "Vegetation alteration" means any clearing, grading, cutting, topping, limb ing, or 9 pruning of vegetation. 10 (144) "Water -dependent use" means a use or portion of a use that cannot exist in a 11 location that is not adjacent to the water and that is dependent on the water by 12 reason of the intrinsic nature of its operations. 13 (145) "Water -enjoyment use" means a recreational use or other use that facilitates 14 public access to the shoreline as a primary characteristic of the use or a use that 15 provides for recreational use or aesthetic enjoyment of the shoreline for a 16 substantial number of people as a general characteristic of the use, and which 17 through location, design, and operation ensures the public's ability to enjoy the 18 physical and aesthetic qualities of the shoreline. In order to qualify as a 19 water -enjoyment use, the use must be open to the general public and the 20 shoreline -oriented space within. The project must be devoted to the specific 21 aspects of the use that fosters shoreline enjoyment. 22 (146) "Water -oriented use" means a use that is water -dependent, water -related, or 23 water -enjoyment, or a combination of such uses. 24 (147) "Water quality" means the physical characteristics of water within shoreline 25 jurisdiction, including water quantity, hydrological, physical, chemical, aesthetic, 26 recreation -related, and biological characteristics. Where used in this SMP, the 27 term water quantity refers only to development and uses regulated under this 28 chapter and affecting water quantity such as impermeable surfaces and 29 stormwater handling practices. Water quantity, for purposes of this chapter, does 30 not mean the withdrawal of groundwater or diversion of surface water pursuant to 31 RCW 90.03.250 through 90.03.340. 32 (148) "Water -related use" means a use or portion of a use, which is not intrinsically 33 dependent on a waterfront location but whose economic viability is dependent 34 upon a waterfront location because: 35 (a) The use has a functional requirement for a waterfront location such as the 36 arrival or shipment of materials by water or the need for large quantities of 37 water; or City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 43 Page 145 of 459 June 2015 1 (b) The use provides a necessary service supportive of the water -dependent 2 uses and the proximity of the use to its customers makes its services less 3 expensive and/or more convenient. 4 (149) "Water resources inventory area" means one of 62 watersheds in the State of 5 Washington, each comprising drainage areas of a stream or streams, as 6 established in WAC 173-500 as it existed on January 1, 1997. 7 (150) "Weir" means a structure generally built perpendicular to the shoreline for the 8 purpose of diverting water or trapping sediment or other moving objects 9 transported by water. 10 (151) "Wetlands" are areas that are inundated or saturated by surface or groundwater at 11 a frequency and duration sufficient to support and that under normal 12 circumstances do support a prevalence of vegetation typically adapted for life in 13 saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and 14 similar areas. Wetlands do not include those artificial wetlands intentionally 15 created from non -wetland sites, including, but not limited to, irrigation and 16 drainage ditches, grass -lined swales, canals, detention facilities, wastewater 17 treatment facilities, farm ponds, and landscape amenities, or those wetlands 18 created after July 1, 1990, that were unintentionally created as a result of the 19 construction of a road, street, or highway. Wetlands may include those artificial 20 wetlands intentionally created from non -wetland areas to mitigate the conversion 21 of wetlands. 22 (152) "Wetland categories:" 23 (a) Category I. Wetlands are: 1) alkali wetlands; 2) wetlands that are 24 identified by scientists of the Washington Natural Heritage 25 Program/WDNR as high quality wetlands; 3) bogs; 4) mature and 26 old growth forested wetlands over 1/4 acre with slow-growing trees; 27 5) forests with stands of aspen; and 6) wetlands that perform many 28 functions very well. 29 (b) Category Il. These wetlands are those that: 1) forested wetlands in the 30 floodplains of rivers; 2) mature and old-growth forested wetlands over 31 1/4 acre with fast-growing trees; 3) vernal pools; and 4) wetlands that 32 perform functions well. These wetlands are difficult, though not 33 impossible, to replace, and provide high levels of some functions. 34 (c) Category III. 1) Forested wetlands in the floodplains of rivers; 2) mature 35 and old-growth forested wetlands over 1/4 acre with fast-growing trees; 36 3) vernal pools; and 4) wetlands that perform functions well. These 37 wetlands are difficult, though not impossible, to replace, and provide high 38 levels of some functions. 39 (d) Category IV. Category IV wetlands have the lowest level of functions and 40 are often heavily disturbed. These are wetlands that could be replaced, and City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 44 Page 146 of 459 June 2015 1 in some cases improved. However, experience has shown that replacement 2 cannot be guaranteed in any specific case. These wetlands may provide 3 some important functions and also need to be protected. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 45 Page 147 of 459 2 29.01.100 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 June 2015 Article II. Environment Designation Environment Designations (1) The City has designated shorelines pursuant to RCW 90.58 by defining them, providing criteria for their identification, and establishing shoreline ecological functions to be protected. Project proponents are responsible for determining whether a shoreline exists and is regulated pursuant to this SMP. The SMP classifies the City's shoreline into eight shoreline environment designations consistent with the purpose and designation criteria as follows: (a) Aquatic (b) Natural (c) Urban Conservancy (d) Public Flood Protection (e) Recreation (f) High Intensity — Industrial (g) High Intensity — Mixed Use (h) Shoreline Residential (2) Official Shoreline Maps: (a) Shoreline area designations are delineated on a map by reach and subreach (SR), hereby incorporated as a part of this SMP (PMC 29.01.860), shall be known as the Official Shoreline Map. Maps indicating the extent of shoreline jurisdiction and shoreline designations are to be used in conjunction with the most current scientific and technical information available, field investigations, and on-site surveys to accurately establish the location and extent of shoreline jurisdiction when a project is proposed. (3) Unmapped or Undesignated Shorelines: (a) All areas meeting the definition of a shoreline of the state or a SSWS, whether mapped or not, are subject to the provisions of this SMP. (4) Interpretation of Environment Designation Boundaries: (a) Whenever existing physical features are inconsistent with boundaries on the Official Shoreline Map, the Shoreline Administrator shall interpret the City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 46 Page 148 of 459 1 2 3 4 5 6 7 8 9 12 29.01.110 June 2015 boundaries. Appeals of such interpretations may be filed pursuant to PMC 29.01.810, Appeals. (b) All shoreline areas waterward of the OHWM shall be designated Aquatic. (c) Only one shoreline area designation shall apply to a given shoreland area. In the case of parallel designations, designations shall be divided along an identified linear feature. Such linear features shall be clearly noted in the metadata associated with the Official Shoreline Map. (d) All areas within shorelines that are not mapped and/or designated are automatically assigned an Urban Conservancy designation. (e) Environment designations for shorelines within UGA will be effective immediately upon annexation of the area into the City limits. Aquatic 13 (1) Purpose: 14 15 16 17 (2) 18 19 20 21 22 (3) (a) The purpose of the Aquatic shoreline designation is to protect, restore, and manage the unique characteristics and resources of the areas waterward of the OHWM. Designation Criteria: (a) An Aquatic shoreline designation is assigned to lands and waters waterward of the OHWM Management Policies: (a) In addition to the other applicable policies and regulations of this SMP, the following management policies shall apply: 23 (i) New over -water structures should be allowed only for 24 water -dependent uses, public access, recreation, or ecological 25 restoration. 26 (ii) Shoreline uses and modifications should be designed and managed 27 to prevent degradation of water quality and natural hydrographic 28 conditions. 29 (iii) In -water uses should be allowed where impacts can be mitigated to 30 ensure no net loss of shoreline ecological functions. Permitted 31 in -water uses must be managed to avoid impacts to shoreline 32 ecological functions. Unavoidable impacts must be minimized and 33 mitigated. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 47 Page 149 of 459 June 2015 1 (iv) On navigable waters or their beds, all uses and developments 2 should be located and designed to: 3 (A) Minimize interference with surface navigation; 4 (B) Consider impacts to public views; and 5 (C) Allow for the safe, unobstructed passage of fish and 6 wildlife, particularly species dependent on migration. 7 (b) Multiple or shared use of over -water and water -access facilities should be 8 encouraged to reduce the impacts of shoreline development and increase 9 effective use of water resources. 10 (c) Structures and activities permitted should be related in size, form, design, 11 and intensity of use to those permitted in the immediately adjacent upland 12 area. The size of new over -water structures should be limited to the 13 minimum necessary to support the structure's intended use. 14 (d) Natural light should be allowed to penetrate to the extent necessary to 15 support fisheries and nearshore aquatic habitat unless other illumination is 16 required by state or federal agencies. 17 (e) Shoreline uses, development, activities, and modifications in the Aquatic 18 shoreline designation requiring use of adjacent landside property should 19 be in a shoreline designation that allows that use, development, activity, or 20 modification. 21 29.01.120 Natural 22 (All islands, Subreach [SR] ld) 23 (1) Purpose: 24 (a) The purpose of the Natural shoreline designation is to protect those 25 shoreline areas that are relatively free of human influence or that include 26 intact or minimally degraded shoreline ecological functions less tolerant of 27 human use. These systems require that only very low -intensity uses be 28 allowed in order to maintain the ecological functions and ecosystem -wide 29 processes. Consistent with the policies of the designation, restoration of 30 degraded shorelines within this environment is appropriate. 31 (2) Designation Criteria: 32 (a) The following criteria should be considered in assigning a Natural 33 environment designation: City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 48 Page 150 of 459 June 2015 1 (i) The shoreline ecological functions are substantially intact and have 2 a high opportunity for preservation and low opportunity for 3 restoration; 4 (ii) The shoreline is generally in public or conservancy ownership or 5 under covenant, easement, or a conservation tax program; 6 (iii) The shoreline contains little or no development or is planned for 7 development that would have minimal adverse impacts to 8 ecological functions or risk to human safety; 9 (iv) The shoreline has high potential for low -impact, passive, or public 10 recreation; and 11 (v) The shoreline is considered to represent ecosystems and geologic 12 types that have high scientific and educational value. 13 (3) Management Policies: 14 (a) In addition to other applicable policies and regulations, the following 15 management policies shall apply: 16 (i) Any use beyond existing uses that would substantially degrade 17 shoreline ecological functions or natural character of the shoreline 18 area should not be allowed; 19 (ii) Scientific, historic, cultural, educational research, and low -impact, 20 passive recreational uses are allowed in addition to existing uses, 21 while meeting no net loss of ecological function requirements; 22 (iii) Single-family residential development may be allowed as a 23 conditional use if the density and intensity of such use is limited as 24 necessary to protect ecological functions and is consistent with the 25 purpose of the environment; 26 (iv) Vegetation should remain undisturbed except for removal of 27 noxious vegetation and invasive species through ongoing 28 management activities or as part of a development proposal. 29 Proposed subdivision or lot line adjustments, new development, or 30 significant vegetation removal that would reduce the capability of 31 vegetation to perform normal ecological functions should not be 32 allowed; 33 (v) Uses that would deplete physical or biological resources or impair 34 views to or from the shoreline over time should be prohibited; 35 (vi) Only physical alterations that serve to support an existing use, 36 protect a significant or unique physical, biological, or visual City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 49 Page 151 of 459 June 2015 1 shoreline feature that might otherwise be degraded or destroyed, or 2 those alterations that are the minimum necessary to support a 3 permitted use should be allowed; and 4 (vii) Only the following types of signs should be considered for location 5 in the shorelines: interpretive; directional; navigational; regulatory; 6 and public. 7 29.01.130 Urban Conservancy 8 (Open -space areas located water ward of the parcel boundaries in the 9 Columbia River Reach 1, Subreaches (SR) 3a (north portion of Chiawana Park), 10 3b, 5c (non -levee portion of the wetland near Riverview Park), 6c (portion water 11 ward of the trail), Reach 7 (Sacajawea Park excluding the boat launch and 12 recreation area), and SR 8a.) 13 (1) Purpose: 14 (a) The purpose of the Urban Conservancy environment is to protect and 15 restore ecological functions of open space, floodplain, and other sensitive 16 lands where they exist in urban and developed settings, while allowing a 17 variety of compatible uses 18 (2) Designation Criteria: 19 (a) The following criteria are used to consider an Urban Conservancy 20 environment designation: 21 (i) The shoreline contains open space, floodplain, or other sensitive 22 areas that should not be more intensively developed; 23 (ii) The shoreline has riparian vegetation with high to moderate 24 ecological functions; 25 (iii) The shoreline has potential for development that is compatible 26 with ecological restoration; or 27 (iv) The shoreline is not generally suitable for water -dependent uses, 28 however, has moderate to high potential for public, water -related, 29 or water -enjoyment uses where ecological functions can be 30 maintained or restored. 31 (3) Management Policies: 32 (a) In addition to the other applicable policies and regulations of this SMP, 33 the following management policies shall apply: City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 50 Page 152 of 459 June 2015 1 (i) Shoreline uses that preserve the natural character of the area or 2 promote preservation of open space, floodplain, or sensitive lands 3 either directly or during the long term should be the primary 4 allowed uses. Uses that result in restoration of ecological functions 5 should be allowed if the use is otherwise compatible with the 6 purpose of the environment and the setting. 7 (ii) Encourage regulations for shoreline stabilization measures, 8 vegetation conservation, water quality, and shoreline modifications 9 to ensure no net loss of shoreline ecological functions; 10 (iii) Public access and public recreation uses should be allowed 11 whenever feasible and significant ecological impacts can be 12 mitigated; or 13 (iv) Water -oriented uses should be given priority over 14 non -water -oriented uses. For shoreline areas adjacent to 15 commercially navigable waters, water -dependent uses should be 16 given priority. 17 29.01.140 Public Flood Protection 18 (Leveed areas along the Columbia River, where limited ecological function and 19 future development potential exists, and the areas are dedicated for public 20 recreation as part of the regional trail system.) 21 (1) Purpose: 22 (a) The purpose of the Public Flood Protection environment designation is to 23 provide flood protection features while protecting shoreline ecological 24 functions with limitations imposed by the flood protection features, and 25 provide recreational opportunities. In addition to existing levees, examples 26 of uses that are appropriate in a Public Flood Protection shoreline 27 designation include public access and recreation uses consistent with the 28 protection of public safety and property by the flood protection features. 29 (2) Designation Criteria: 30 (a) The following criteria are used to consider a Public Flood Protection 31 environment designation: 32 (i) The shoreline has low to moderate ecological function with low to 33 moderate opportunity for preservation or restoration; 34 (ii) The shoreline is owned and maintained by public agencies; City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 51 Page 153 of 459 June 2015 1 (iii) The shoreline is highly developed, and most development is related 2 to flood protection, public utility, infrastructure, and low -intensity 3 recreation, facility rehabilitation, or upgrade modifications; 4 (iv) The shoreline has limited scientific or educational value or unique 5 historic or cultural resources values; or 6 (v) The shoreline has low to moderate potential for public, 7 water -oriented recreation where ecological functions can be 8 maintained or restored. 9 (3) Management Policies: 10 (a) In addition to the other applicable policies and regulations of this SMP, 11 the following management policies shall apply: 12 (i) In regulating uses in the Public Flood Protection environment, first 13 priority should be given to flood protection and water -dependent 14 public -facility uses. Second priority should be given to 15 water -related and water -enjoyment uses that are not in conflict 16 with the flood protection uses. Non -water -oriented uses are 17 allowed as part of the operational needs. 18 (ii) Policies and regulations shall ensure no net loss of shoreline 19 ecological functions as a result of redevelopment, facility 20 upgrades, and new development. Where applicable, development 21 shall include environmental enhancement of the shoreline in 22 accordance with USACE McNary Pool Management Plan and the 23 City's SMP Restoration Plan. 24 (iii) Existing visual and physical public access opportunities shall be 25 maintained and enhanced where feasible and appropriate, as 26 consistent with PMC 29.01.260, Public Access. 27 (iv) Aesthetic objectives should be implemented by means such as 28 appropriate landscape features, screening, and maintenance of 29 natural vegetative buffers. 30 29.01.150 Recreation 31 (Chiawana, Wade, Riverview, Schlagel, and Sacajawea parks, marina, boat launch areas) 32 (1) Purpose: 33 (a) The purpose of the Recreation environment designation is to provide for 34 water -oriented recreational uses with some commercial uses to support 35 recreational uses while protecting existing ecological functions, City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 52 Page 154 of 459 June 2015 1 conserving existing natural resources, and restoring ecological functions in 2 areas that have been previously degraded. 3 (2) Designation Criteria: 4 (a) The following criteria are used to consider a Recreation environment 5 designation: 6 (i) The shoreline has low to moderate ecological function with low to 7 moderate opportunity for preservation and restoration. 8 (ii) The shoreline is highly developed, and most development is 9 recreation -related with potential for additional recreation and 10 recreation -related commerce or is suitable and planned for 11 water -oriented uses. 12 (iii) The shoreline has existing recreation uses or moderate to high 13 potential for public and private water -oriented recreation where 14 ecological functions can be maintained or enhanced. 15 (iv) The shoreline has limited scientific or educational value or unique 16 historic or cultural resources values. 17 (3) Management Policies: 18 (a) In addition to the other applicable policies and regulations of this SMP, 19 the following management policies shall apply: 20 (i) In regulating uses in the Recreation environment, first priority 21 should be given to water -dependent recreational uses. Second 22 priority should be given to water -related and water -enjoyment 23 recreational uses. Non -water -oriented uses should not be allowed, 24 except as part of mixed-use developments with a recreation focus. 25 (ii) Policies and regulations shall ensure no net loss of shoreline 26 ecological functions as a result of new development. Consistent 27 with the City's SMP Restoration Plan, new development may be 28 required, as applicable, to include restoration of shoreline functions 29 as part of project proposals. 30 (iii) Where feasible, visual and physical public access should be 31 required as provided for in PMC 29.01.260, Public Access. 32 Recreational objectives should be enhanced by combining physical 33 and visual public access opportunities with other recreational 34 opportunities where feasible. 35 (iv) Water -oriented commercial uses should be allowed. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 53 Page 155 of 459 1 2 3 4 5 29.01.160 6 7 3 9 10 11 12 13 14 15 16 17 18 19 (2) 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 (3) June 2015 (v) Aesthetic objectives should be implemented by means such as sign -control regulations, appropriate development siting, screening, and architectural standards, and maintenance of natural vegetative buffers. High Intensity — Industrial (Areas landward of the levee in SR 5b, Port of Pasco, a portion of Osprey Point, industrial areas on Columbia River SR 6c, and the Snake River SR 8b) Purpose: (a) The purpose of the High Intensity — Industrial environment designation is to provide for public and private commercial and industrial uses that need a shoreline location for operation and are associated with water -oriented commerce and industry. Examples of uses that are appropriate in a High Intensity — Industrial shoreline environment include water -oriented commercial uses, water -supply diversion, transportation, navigation uses, barge and conveyance facilities, and similar uses. This environment may also provide for some recreation, while protecting existing ecological functions and restoring ecological functions in areas that have been previously degraded. Designation Criteria: (a) Assign a High Intensity — Industrial environment designation to shoreline areas where: (i) The shoreline has low to moderate ecological function with low to moderate opportunity for preservation or restoration. (ii) The shoreline is highly developed, and most development is related to public utility, infrastructure, industry, or commerce with potential for additional related development, facility rehabilitation, or upgrade modifications. (iii) Existing landward industrial development exists and has potential for future growth and development. (iv) The operation of such uses depend on proximity to water, including high-intensity uses related to industrial production, conveyance, transportation, or navigation. (v) The shoreline has limited scientific or educational value or unique historic or cultural resources values. Management Policies: City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 54 Page 156 of 459 June 2015 1 (a) In addition to the other applicable policies and regulations of this SMP, 2 the following management policies shall apply: 3 (i) In regulating uses in the High Intensity — Industrial environment, 4 first priority should be given to water -dependent commercial and 5 industrial uses. Second priority should be given to water -related 6 and water -enjoyment uses that are not in conflict with the 7 commercial and industrial uses. Non -water -oriented uses are 8 allowed as part of mixed uses to support the water -oriented uses. 9 (ii) Policies and regulations shall ensure no net loss of shoreline 10 ecological functions as a result of redevelopment, facility 11 upgrades, and new development. Where applicable, development 12 shall include environmental cleanup and restoration of the 13 shoreline to comply in accordance with any relevant state and 14 federal law. 15 (iii) Where feasible and appropriate, visual and physical public access 16 provisions may be included as consistent with PMC 29.01.260, 17 Public Access. 18 (iv) Aesthetic objectives should be implemented by means such as 19 appropriate development siting, screening, and maintenance of 20 natural vegetative buffers. 21 29.01.170 22 23 (1) 24 25 26 27 28 29 30 31 32 (2) 33 34 35 36 High Intensity — Mixed Use (Port of Pasco Marine Terminal SR 6a and western half of Osprey Point) Purpose: (a) The purpose of the High Intensity — Mixed Use environment designation is to provide for water -oriented commercial and retail uses along with residential uses. Examples of uses that are appropriate in a High Intensity — Mixed Use shoreline environment include water -oriented commercial office and retail, residential, transportation, public access, and similar uses. This environment may also provide for some recreation, while protecting existing ecological functions and restoring ecological functions in areas that have been previously degraded. Designation Criteria: (a) Assign a High Intensity — Mixed Use environment designation to shoreline areas where: (i) The shoreline has low to moderate ecological function with low to moderate opportunity for preservation or restoration. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 55 Page 157 of 459 June 2015 1 (ii) The shoreline is highly developed, and most development is related 2 to public utility, infrastructure, or commerce with potential for 3 additional related development, facility rehabilitation, or upgrade 4 modifications. 5 (iii) Existing landward development exists and has potential for future 6 growth and development. 7 (iv) The operation of such uses depends on proximity to water, 8 including high-intensity uses related to commerce, transportation, 9 or navigation. 10 (v) The shoreline has limited to no scientific, educational, unique 11 historic, or cultural resources values. 12 (3) Management Policies: 13 (a) In addition to the other applicable policies and regulations of this SMP, 14 the following management policies shall apply: 15 (i) Development in the High Intensity — Mixed -Use Environment 16 should be managed so it enhances and maintains the shorelines for 17 a variety of urban uses. 18 (ii) In regulating uses in the High Intensity — Mixed Use environment, 19 first priority should be given to water -dependent commercial uses. 20 Second priority should be given to water -related and 21 water -enjoyment uses that are not in conflict with the commercial 22 uses. Non -water -oriented uses are allowed as part of mixed uses to 23 support the water -oriented uses. Residential uses should be 24 allowed on the upper floors of developments as part of mixed uses 25 to support the water -oriented uses. 26 (iii) Policies and regulations shall ensure no net loss of shoreline 27 ecological functions as a result of redevelopment, facility 28 upgrades, and new development. Where applicable, development 29 shall include environmental cleanup and restoration of the 30 shoreline to comply in accordance with any relevant state and 31 federal law. 32 (iv) Where feasible and appropriate, visual and physical public access 33 provisions may be included as consistent with PMC 29.01.260, 34 Public Access. 35 (v) Aesthetic objectives should be implemented by means such as 36 appropriate development siting, building design, screening, and 37 maintenance of natural vegetative buffers. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 56 Page 158 of 459 June 2015 1 29.01.180 Shoreline Residential 2 (Residential areas along the Columbia River in Reaches 1 and 2, SRs 4a and 4b, 3 and portions of SRs 5b and 6b) 4 (1) Purpose: 5 (a) The purpose of the Shoreline Residential environment designation is to 6 accommodate primarily residential development and appurtenant 7 structures, but also allow other types of development consistent with this 8 section. An additional purpose is to provide appropriate public access and 9 recreational uses. 10 (2) Designation Criteria: 11 (a) Assign a Shoreline Residential environment designation to shoreline areas 12 where: 13 (i) The shoreline has low to moderate ecological function with low to 14 moderate opportunity for restoration. 15 (ii) The shoreline contains mostly residential development at urban 16 densities or in clusters in more rural settings. 17 (iii) The shoreline has low to moderate potential for low -impact, 18 passive, or active water -oriented recreation where ecological 19 functions can be restored. 20 (3) Management Policies: 21 (a) In addition to the other applicable policies and regulations of this SMP, 22 the following management policies shall apply: 23 (i) Encourage regulations that ensure no net loss of shoreline 24 ecological functions as a result of new development such as 25 limiting lot coverage, providing adequate setbacks from the 26 shoreline, promoting vegetation conservation, reducing the need 27 for shoreline stabilization, and maintaining or improving water 28 quality. 29 (ii) The scale and density of new uses and development should be 30 compatible with the existing residential character of the area. 31 (iii) Public access and joint (rather than individual) use of recreational 32 facilities should be promoted. 33 (iv) Access, utilities, and public services to serve proposed 34 development within shorelines should be constructed outside City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 57 Page 159 of 459 June 2015 1 shorelines to the extent feasible and be the minimum necessary to 2 adequately serve existing needs and planned future development. 3 (v) Public or private outdoor recreation facilities should be provided 4 with proposals for subdivision development and encouraged with 5 all shoreline development, if compatible with the character of the 6 area. Priority should be given first to water -dependent and then to 7 water -enjoyment recreation facilities. 8 (vi) Commercial development should be limited to water -oriented uses. 9 Non -water -oriented commercial uses should only be allowed as 10 part of mixed -used developments. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 58 Page 160 of 459 June 2015 Article III. General Regulations 2 29.01.200 Shoreline Use and Modification 3 (1) Regulations: 4 (a) PMC Table 29.01.200 (2) indicates which shoreline activities, uses, 5 developments, and modifications may be allowed or are prohibited in 6 shoreline jurisdiction within each shoreline environment designation. 7 Activities, uses, developments, and modifications are classified as follows: 8 (i) "Permitted Uses" require a Shoreline Substantial Development 9 Permit or a Shoreline Exemption. 10 (ii) "Conditional Uses" require a Shoreline Special Use Permit per 11 PMC 29.01.750. 12 (iii) "Prohibited" activities, uses, developments, and modifications are 13 not allowed and cannot be permitted through a Variance or 14 Shoreline Special Use Permit. 15 (iv) General Regulations (PMC 29.01, Article III) and Shoreline 16 Modification and Uses Regulations (PMC 29.01, Article IV) shall 17 be considered for additional limitations. 18 (b) All uses shall comply with the written provisions and regulations in this 19 SMP and the shoreline use and modification matrix in PMC 29.01.200 (2). 20 Where there is a conflict between the chart and the written provisions in 21 this SMP, the written provisions shall control. 22 (2) General: 23 (a) Accessory uses shall be subject to the same shoreline permit process as 24 their primary use. 25 (b) Authorized uses and modifications shall be allowed only in shoreline 26 jurisdictions where the underlying zoning allows for it and subject to the 27 policies and regulations of this SMP. 28 (c) A use is considered unclassified when it is not listed in 29 Table 29.01.200 (2) or in the Shoreline Modification and Uses Regulations 30 (PMC 29.01, Article IV). Any proposed unclassified use may be 31 authorized as a conditional use provided that the applicant can 32 demonstrate consistency with the requirements of this SMP. 33 (d) If any part of a proposed activity, use, modification, or development is not 34 eligible for exemption per PMC 18.20.770 (Exemptions from Shoreline City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 59 Page 161 of 459 1 2 3 4 5 6 7 10 11 12 13 14 June 2015 Substantial Development Permits), then a Shoreline Substantial Development Permit or Shoreline Special Use Permit shall be required for the entire proposed development project. (e) When a specific use or modification extends into the Aquatic environment and an abutting upland environment without clear separation (e.g., private moorage facility or shoreline stabilization), the most restrictive permit process shall apply to that use or modification. (f) Shoreline and critical areas buffers found in PMC 29.01, Article V, apply to all uses and modifications unless stated otherwise in the regulations. (g) None of the allowed uses shall be conducted in the floodway in any environment designation, except as allowed by PMC 29.01.550, Flood Hazard Areas. (h) Administrative interpretation of these regulations shall be done according to PMC 29.01.710 (2). 15 (3) Shoreline Use and Modification Matrix: 16 Table 29.01.200 (2): Shoreline Use and Modification Matrix for City of Pasco A = Allowed with Substantial Development Permit a -0 x 41 C = Allowed with Shoreline Special Use Permit o I v X = Prohibited L NA = Not Applicable= °o o = cc a� v 41 7;V a C L C 3 Cr 4~ @ M L 3 u a) dA 'p dD Gl N O i Use/Modification Q z Resource Uses Agriculture Al X X X X C Mining X X C X X C C Boating Facilities Boat launch (motorized boats) A C C A A A A C Boat launch (non -motorized boats — canoe/kayak) A C A A A A A A Marina A X C C A A A C Docks, Piers, Mooring Facilities Private and shared moorage A X A A A A A A Public moorage A X A A A A A C Covered moorage C X X X C C C X City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 60 Page 162 of 459 June 2015 A5 A = Allowed with Substantial Development Permit X C X 0 A X .a 5 A5 C = Allowed with Shoreline Special Use Permit X C X c A i Non -water -oriented X X = Prohibited X C2 v L o- A2 X ,� a NA = Not Applicable A A7 c 0 0 r C A A ai Water -related, water -enjoyment (trails, accessory buildings) v .M i 0 C : A a Ta v A Non -water -oriented M X C2 C2 A2 WD � N 0 A2 Use/Modification ¢ z A a cc z S z� v'=i Commercial Development Water -dependent A X A A A A A A Water -related, water -enjoyment C X C C A A A C Non -water -oriented CZ X C2 C2 A2 A2 A2 X Dredging Activities Dredging A NA NA NA NA NA NA NA Dredge material disposal C X C C C C C C Dredging and disposal as part of ecological A A A A A A A A restoration/enhancement Fill and Excavation Fill Waterward of OHWM and in floodways3 C C C C C C C C Other upland fill NA C A A A A A A Excavation NA C4 C A A A A A Industrial Uses Water -dependent A5 X X C X A A X Water -related, water -enjoyment A5 X X C X A A X Non -water -oriented X X X C2 X A2 A2 X In -water Modifications Breakwater C X C C C C C C Groins and weirs C X C C C C C C In -stream structures6 A C° C4 A4-6 A3 A C C Recreational Development Water -dependent A A7 A7 A A A A A Water -related, water -enjoyment (trails, accessory buildings) C C7 A7 A A A A A Non -water -oriented X X C2 C2 A2 A2 A2 A2 Residential Development X C A X C X A2 A Research and Monitoring Water -dependent A A A A A A A A Water -related, water -enjoyment A A A A A A A A Non -water -oriented A A A A A A A A City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 61 Page 163 of 459 1 2 3 4 5 6 7 8 9 10 June 2015 A = Allowed with Substantial Development Permit c .a 5 C = Allowed with Shoreline Special Use Permit c i X = Prohibited v L o- ,� a NA = Not Applicable c 0 0 r_ c c °C ai v .M i 0 C : 2 a Ta v M a — WD � N 0 =fA Use/Modification ¢ z a- cc = S _ � Shoreline Habitat and Natural Systems A A A A A A A A Enhancement Projects Shoreline Stabilization and Flood Control Flood Control Modification of existing flood control facilities (Dams, Dikes and Levees), including replacement A A A A A A A A landward of existing location New flood control facilities (Dams, Dikes and C C8 C C C A A C Levees) Shoreline Stabilization — New Hard C X C C C A A C Soft A A A A A A A A Shoreline Stabilization — Replacement' A A A A A A A A Transportation Highways, arterials, railroads (parallel to OHWM) C X A A A A A A Secondary/public access roads (parallel to OHWM) X X A A A A A A Roads perpendicular to the OHWM X C A A A A A A Bridges (perpendicular to shoreline) C C C A A A A C Existing bridges, trails, roads, and parking facilities: A A A A A A A A improvement or expansion New parking, primary X X A10 A10 A10 A10 X New parking, accessory X Takes permit types of primary use Utilities Above -ground and underground utilities (parallel and C C A A A A A A across shoreline) Notes: 1. Allowed when agricultural uses are passive, such as livestock grazing, harvesting of non -cultivated crops, or small-scale farms, or when ecological functions are degraded to the point where the land is functionally equivalent to cultivated land. 2. New uses are allowed as part of mixed use or according to PMC 29.01.340(2) for commercial development, PMC 29.01.370(2) for industrial development, or as part of an existing use according to Article VI, Existing Uses, Structures and Lots. 3. Fill and excavation waterward of the OHWM, to support ecological restoration is allowed with a Substantial Development Permit. 4. Habitat restoration and/or fish habitat enhance purposes only. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 62 Page 164 of 459 June 2015 1 5. Allowed as part of upland industrial water -dependent or water -related uses. 2 6. Construction, practices, and maintenance of facilities necessary for flood protections or Columbia Basin Project 3 operations and associated water -dependent uses to access, pump, and convey water for project purposes to public 4 agencies or private water users and as consistent with permit exemptions described in PMC 29.01.770. 5 7. Low intensity only. 6 8. Only when no other alternatives are available. 7 9. Exempt for protective bulkhead common to single-family residences according to PMC 29.01.770 (4) and when 8 consistent with PMC 29.01.440 (5) and (6). 9 10. Not allowed within 50 feet of edge of riparian vegetation corridor. 10 OHWM = ordinary high water mark 11 12 29.01.210 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 (2) Development Standards Regulations: (a) To preserve the existing and planned character of the shoreline consistent with the purposes of the shoreline environment designations, development standards are provided in the table below. These standards apply to all uses and modifications unless otherwise indicated. In addition, shoreline developments shall comply with all other dimensional requirements of the PMC. (b) When a development or use is proposed that does not comply with the dimensional performance standards of this SMP, not otherwise allowed by administrative reduction or administrative modification, such development or use can only be authorized by approval of a Shoreline Variance Permit. (c) No permit shall be issued for any new or expanded building or structure of more than 35 feet above average grade level on shorelines of the state that will obstruct the view of a substantial number of residences on areas adjoining such shorelines, except for the High Intensity environment designations areas, or where the SMP does not prohibit the same, and then only when overriding considerations of the public interest will be served. Shoreline Development Standards Matrix: City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 63 Page 165 of 459 2 3 4 5 6 7 8 9 10 June 2015 Table 29.01.210 (2): Shoreline Development Standards Matrix for City of Pasco Notes: 1. According to 29.01.210 (1)(c) 2. Accompanied by stormwater management measures/facilities, wetland protections and other protections as applicable 3. Measured from the OHWM or top of bank as applicable. 4. Except where roadway, paved trail, or parking area or other development that has eliminated or constrained ecological functions encroaches and then to the waterward edge of the facility maintenance area, as applicable NA = not applicable 11 29.01.220 Archaeological and Historic Resources 12 (1) In all developments, whenever an archaeological area or historic site is discovered 13 by a development in the shoreline area, the developer shall comply with 14 applicable state and federal laws and regulations. 15 (2) Developers and property owners shall stop work immediately and notify the local 16 government, the office of archaeology and historic preservation, and affected 17 Indian tribes if archaeological resources are uncovered during excavation. 18 (3) Permits issued in areas documented to contain archaeological resources shall 19 require a site inspection or evaluation by a professional archaeologist in 20 coordination with affected Indian tribes. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 64 Page 166 of 459 o x O I I rn C O O N N ai u O O O O O M i C u — C C -aO Use/Modification Cr a f6 z D n a W W = _ 4A Building height' 15 N/A 35 35 35 45 No 35 limit Building line setback in feet NA 10-15 Impervious surface cover— NA 5% 20% 10% 20% 50% 100% 50% maximum (%)2 Conserve Riparian buffer width NA entire 75 50 50 5 50 50 in feet2.3.4 area 20 feet or as required by Americans with Disabilities Trail width in feet NA NA Act regulations. Trails on private properties and not open for public use shall be up to 5 -feet -wide. Notes: 1. According to 29.01.210 (1)(c) 2. Accompanied by stormwater management measures/facilities, wetland protections and other protections as applicable 3. Measured from the OHWM or top of bank as applicable. 4. Except where roadway, paved trail, or parking area or other development that has eliminated or constrained ecological functions encroaches and then to the waterward edge of the facility maintenance area, as applicable NA = not applicable 11 29.01.220 Archaeological and Historic Resources 12 (1) In all developments, whenever an archaeological area or historic site is discovered 13 by a development in the shoreline area, the developer shall comply with 14 applicable state and federal laws and regulations. 15 (2) Developers and property owners shall stop work immediately and notify the local 16 government, the office of archaeology and historic preservation, and affected 17 Indian tribes if archaeological resources are uncovered during excavation. 18 (3) Permits issued in areas documented to contain archaeological resources shall 19 require a site inspection or evaluation by a professional archaeologist in 20 coordination with affected Indian tribes. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 64 Page 166 of 459 June 2015 29.01.230 Environmental Protection 2 (1) All project proposals, including those for which a Shoreline Substantial 3 Development Permit is not required, shall comply with RCW 43.21C, the 4 Washington State Environmental Policy Act (SEPA). 5 (2) Applicants shall apply the following mitigation sequencing steps in order of 6 priority to avoid or minimize significant adverse effects and significant ecological 7 impacts (with (a) being top priority): 8 (a) Avoid the adverse impact altogether by not taking a certain action or parts 9 of an action; 10 (b) Minimize adverse impacts by limiting the degree or magnitude of the 11 action and its implementation by using appropriate technology or by 12 taking affirmative steps to avoid or reduce impacts; 13 (c) Rectify the adverse impact by repairing, rehabilitating, or restoring the 14 affected environment to the conditions existing at the time of the initiation 15 of the project; 16 (d) Reduce or eliminate the adverse impact over time by preservation and 17 maintenance operations; 18 (e) Compensate for the adverse impact by replacing, enhancing, or providing 19 substitute resources or environments; and 20 (f) Monitor the adverse impact and the compensation projects and taking 21 appropriate corrective measures. 22 (3) Projects that cause significant adverse environmental impacts, as defined in 23 WAC 197-11-794 and PMC 29.01.080, Definitions, are not allowed unless 24 mitigated according to PMC 29.01.230 (2), above, to avoid reduction or damage 25 to ecosystem -wide processes and ecological functions. As part of this analysis, the 26 applicant shall evaluate whether the project may adversely affect existing 27 hydrologic connections between streams and wetlands and either modify the 28 project or mitigate any impacts as needed. 29 (4) When compensatory measures are appropriate pursuant to the mitigation priority 30 sequence above, preferential consideration shall be given to measures that replace 31 the adversely impacted functions directly and in the immediate vicinity of the 32 adverse impact. However, alternative compensatory mitigation may be authorized 33 within the affected drainage area or watershed that addresses limiting factors or 34 identified critical needs for shoreline resource conservation based on watershed or 35 resource management plans, including the Shoreline Restoration Plan, applicable 36 to the area of adverse impact. Authorization of compensatory mitigation measures 37 may require appropriate safeguards, terms, or conditions as necessary to ensure no 38 net loss of ecological functions. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 65 Page 167 of 459 June 2015 1 29.01.240 Shoreline Vegetation Conservation 2 (1) Vegetation conservation standards shall not apply retroactively to existing uses 3 and developments. Vegetation associated with existing structures, uses, and 4 developments may be maintained within shoreline jurisdiction as stipulated in the 5 approval documents for the development. 6 (2) Regulations specifying establishment and management of shoreline buffers are 7 located in the PMC 29.01, Article V, Critical Areas. Vegetation within shoreline 8 buffers, other stream buffers, and wetlands and wetland buffers shall be managed 9 consistent with the PMC 29.01, Article V. 10 (3) Vegetation outside of shoreline buffers, other stream buffers, and wetlands and 11 wetland buffers and within shoreline jurisdiction shall be managed according to 12 this PMC 29.01.230, Environmental Protection, and any other regulations specific 13 to vegetation management contained in other sections of this SMP. 14 (4) Vegetation clearing outside of wetlands and wetland and stream buffers shall be 15 limited to the minimum necessary to accommodate approved shoreline 16 development that is consistent with all other provisions of this SMP. Mitigation 17 sequencing per PMC 29.01.230, Environmental Protection, shall be applied so the 18 design and location of the structure or development minimizes native vegetation 19 removal. 20 (5) Removal of noxious weeds and/or invasive species shall be incorporated in 21 management and mitigation plans, as necessary, to facilitate establishment of a 22 stable community of native plants. 23 29.01.250 Water Quality, Stormwater, and Nonpoint Pollution 24 (1) The location, design, construction, and management of all shoreline uses and 25 activities shall protect the quality and quantity of surface and groundwater 26 adjacent to the site. 27 (2) When applicable, all shoreline development should comply with the requirements 28 of the latest version of Ecology's Stormwater Management Manual for Eastern 29 Washington. 30 (3) Best management practices (BMPs) for control of erosion and sedimentation shall 31 be implemented for all shoreline development. 32 (4) Potentially harmful materials, including, but not limited to, oil, chemicals, tires, or 33 hazardous materials, shall not be allowed to enter any body of water or wetland, 34 or to be discharged onto the land. Potentially harmful materials shall be 35 maintained in safe and leak -proof containers. 36 (5) Within 25 feet of a waterbody, herbicides, fungicides, fertilizers, and pesticides 37 shall be applied in strict conformance to the manufacturer's recommendations and City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 66 Page 168 of 459 June 2015 1 in accordance with relevant state and federal laws. Further, pesticides subject to 2 the final ruling in Washington Toxics Coalition, et al., v. EPA shall not be applied 3 within 60 feet for ground applications or within 300 feet for aerial applications of 4 the subject waterbodies and shall be applied by a qualified professional in 5 accordance with state and federal law. 6 (6) New development shall provide stormwater management facilities designed, 7 constructed, and maintained in accordance with the latest version of the 8 Ecology's Stormwater Management Manual for Eastern Washington, including 9 the use of BMPs. Additionally, new development shall implement low -impact 10 development techniques where feasible and necessary to fully implement the core 11 elements of the Surface Water Design Manual. 12 (7) For development activities with the potential for adverse impacts on water quality 13 or quantity in a stream or Fish and Wildlife Habitat Conservation Area, a 14 Critical Area Report as prescribed in the PMC 29.01, Article V, Critical Areas, 15 shall be prepared. Such reports should discuss the project's potential to exacerbate 16 water quality parameters, which are impaired, and for which total maximum daily 17 loads for that pollutant have been established, and prescribe any necessary 18 mitigation and monitoring. 19 (8) All materials that may come in contact with water shall be constructed of 20 materials, such as untreated wood, concrete, and approved plastic composites or 21 steel, that will not adversely affect water quality or aquatic plants or animals. 22 Materials used for decking or other structural components shall be approved by 23 applicable state agencies for contact with water to avoid discharge of pollutants 24 from wave or boat wake splash, rain, or runoff. Wood treated with creosote, 25 copper chromium arsenic, or pentachlorophenol is prohibited in shoreline 26 waterbodies. 27 29.01.260 Public Access 28 (1) Applicants required to provide shoreline public access shall provide physical or 29 visual access, consistent with the City of Pasco's Public Access Plan and other 30 agencies' management plans when applicable, unless specifically exempted in this 31 section. Examples of physical and visual access are listed below: 32 (a) Visual Access. Visual public access may consist of view corridors, 33 viewpoints, or other means of visual approach to public waters. 34 (b) Physical Access. Physical public access may consist of a dedication of 35 land or easement and a physical improvement in the form of a walkway, 36 trail, bikeway, park, boat or canoe and kayak launching ramp, dock area, 37 view platform, or other area serving as a means of physical approach to 38 public waters. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 67 Page 169 of 459 June 2015 1 (2) Except as provided in PMC 29.01.260 (3) below, new uses shall provide for safe 2 and convenient public access to and along the shoreline where any of the 3 following conditions are present: 4 (a) The development is proposed by a public entity or on public lands; 5 (b) The nature of the proposed use, activity, or development will likely result 6 in an increased demand for public access to the shoreline; 7 (c) The proposed use, activity, or development is not a water -oriented or other 8 preferred shoreline use, activity, or development under the SMA such as a 9 non -water -oriented commercial or recreational use; 10 (d) The proposed use, activity, or development may block or discourage the 11 use of customary and established public access paths, walkways, trails, or 12 corridors; 13 (e) The proposed use, activity, or development will interfere with the public 14 use, activity, and enjoyment of shoreline areas or waterbodies subject to 15 the public trust doctrine; 16 (f) The proposed use, activity, or development includes key areas for public 17 access recommended in the City's Public Access Plan and/or 18 Shoreline Restoration Plan; or 19 (g) The proposed activity is a publicly financed shoreline erosion -control 20 measure (when feasible). 21 (3) An applicant shall not be required to provide public access where one or more of 22 the following conditions apply, provided such exceptions shall not be used to 23 prevent implementing the City's Public Access Plan and other agencies' 24 management plans. In determining the infeasibility, undesirability, or 25 incompatibility of public access in a given situation, the City shall consider 26 alternative methods of providing public access, such as off-site improvements, 27 viewing platforms, separation of uses through site planning and design, and 28 restricting hours of public access: 29 (a) Proposed use, activity, or development only involves the construction of 30 four or fewer single-family or multi -family dwellings; 31 (b) Proposed use is within an area where public access is not proposed in the 32 Public Access Plan, and the use will not increase public access demand or 33 reduce public access; 34 (c) Proposed use is an agricultural activity; 35 (d) The nature of the use, activity, or development or the characteristics of the 36 site make public access requirements inappropriate due to health, safety City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 68 Page 170 of 459 June 2015 1 (including consistency with Crime Prevention Through Environmental 2 Design [CPTED] principles, where applicable), or environmental hazards; 3 the proponent shall carry the burden of demonstrating by substantial 4 evidence the existence of unavoidable or unmitigable threats or hazards to 5 public health, safety, or the environment that would be created or 6 exacerbated by public access upon the site; 7 (e) An existing, new, or expanded road or utility crossing through shoreline 8 jurisdiction shall not create the need for public access if the development 9 being accessed or served by the road or utility is located outside of 10 shoreline jurisdiction; 11 (f) The proposed use, activity, or development has security requirements that 12 are not feasible to address through the application of alternative design 13 features for public access such as off-site improvements, viewing 14 platforms, and separation of uses through site planning and design; 15 (g) The economic cost of providing for public access at the site is 16 unreasonably disproportionate to the total long-term economic value of the 17 proposed use, activity, or development; 18 (h) Safe and convenient public access already exists in the general vicinity, 19 and/or the Public Access Plan shows adequate public access at the 20 property; 21 (i) Public access has reasonable potential to threaten or harm the natural 22 functions and native characteristics of the shoreline and/or is deemed 23 detrimental to threatened or endangered species under the 24 Endangered Species Act; and 25 (j) The site is within or part of an overall development, a binding Site Plan, or 26 a planned unit development, which has previously provided public access 27 adequate to serve the project in full build -out through other application 28 processes. 29 (4) Public access shall be located and designed to respect private property rights, be 30 compatible with the shoreline environment, protect ecological functions and 31 processes, protect aesthetic values of shoreline, and provide for public safety 32 (including consistency with CPTED principles, where applicable). 33 (5) For any development where public access in not required, shared community 34 access may be allowed if there is no existing or planned public access along the 35 shoreline identified in the City, and other agencies' plan. Where provided, 36 community access shall be subject to all applicable development standards of this 37 section. Shared community access is not required when any of the conditions 38 under PMC 29.01.260 (3) applies. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 69 Page 171 of 459 27 (ii) Physical or visual public access when feasible and when 28 mentioned in the City's Public Access Plan, or other agencies' 29 management plan. 30 (c) Where public access is to be provided by dedication of public access 31 easements along the OHWM, the minimum width of such easements shall 32 be 20 feet. 33 (d) The total width of trail, including shoulders, shall be 20 feet maximum or 34 as required by Americans with Disabilities Act (ADA) regulations. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 70 Page 172 of 459 June 2015 1 (6) General Performance Standards: 2 (a) Uses, activities, and developments shall not interfere with the regular and 3 established public use. 4 (b) Shoreline substantial development or conditional uses shall minimize the 5 impact on views of shoreline waterbodies from public land or substantial 6 numbers of residences. 7 (c) Proponents shall include within their shoreline applications an evaluation 8 of a proposed use, activity, or development's likely adverse impact on 9 current public access and future demands for access to the site. Such 10 evaluation shall consider potential alternatives and mitigation measures to 11 further the policies of this SMP and the provisions of this section. 12 (d) Public access easements, trails, walkways, corridors, and other facilities 13 may encroach upon any buffers or setbacks required in PMC 29.0 1, 14 Article V, Critical Areas, or under other provisions of this SMP, provided 15 that such encroachment does not conflict with other policies and 16 regulations of this SMP, and no net loss of ecological function can be 17 achieved. Any encroachment into a buffer or setback must be as close to 18 the landward edge of the buffer as possible. 19 (e) Public access facilities shall accommodate persons with disabilities, unless 20 determined infeasible by the Shoreline Administrator. 21 (7) Trails and Levees: 22 (a) Existing improved and primitive public trails shall be maintained and 23 enhanced. 24 (b) Shoreline in private ownership should provide public access when feasible 25 as follows: 26 (i) Easement for public access; and 27 (ii) Physical or visual public access when feasible and when 28 mentioned in the City's Public Access Plan, or other agencies' 29 management plan. 30 (c) Where public access is to be provided by dedication of public access 31 easements along the OHWM, the minimum width of such easements shall 32 be 20 feet. 33 (d) The total width of trail, including shoulders, shall be 20 feet maximum or 34 as required by Americans with Disabilities Act (ADA) regulations. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 70 Page 172 of 459 June 2015 1 (e) Pervious pavings are encouraged for all trails and are required for trail 2 shoulders. 3 (f) Trails should make use of an existing constructed grade such as those 4 formed by an abandoned rail grade, road, or utility when feasible. 5 (g) Trails shall be located, constructed, and maintained so as to avoid, to the 6 maximum extent possible, removal and other impacts to perennial native 7 vegetation consistent with a Habitat Management Plan. 8 (h) Trails on private properties and not open for public use shall be up to 9 5 feet wide. 10 (8) Rights-of-way, Easements, and Streets for Public Access: 11 (a) The City shall maintain public rights -of -ways or easements as a means of 12 retaining public access on the shoreline. Proposed use, activity, or 13 developments shall maintain public access provided by public street ends, 14 public utilities, and rights-of-way. 15 (b) The public easements required pursuant to this section, for the purpose of 16 providing access across or through the site to the OHWM, shall be 17 maintained by the property owner to provide for reasonable and safe 18 public access to the OHWM. 19 (9) Where public access routes terminate, connections should be made with the 20 nearest public street unless determined by the Shoreline Administrator to be 21 infeasible. Public access facilities required for an approved or permitted use, 22 activity, or development shall be completed prior to occupancy and use of the site 23 or operation of the activity. Public access shall make adequate provisions, such as 24 screening, buffer strips, fences, and signs, to prevent trespass upon adjacent 25 properties and to protect the value and enjoyment of adjacent or nearby private 26 properties and natural areas. 27 (10) Off-site public access may be permitted by the City where it results in an equal or 28 greater public benefit than on-site public access, or when on-site limitations of 29 security, environment, compatibility, or feasibility are present. Off-site public 30 access may include, but is not limited to, adequate access on public lands in 31 proximity to the site, opportunity to increase public lands and access with 32 adjoining or proximate public area, enhancing a City -designated public property 33 (e.g., existing public recreation site, existing public access, road abutting a body 34 of water, or similar) in accordance with City standards, or other related measures. 35 (11) Signage: 36 (a) Signage to be approved by the Shoreline Administrator shall be 37 conspicuously installed along public access easements, trails, walkways, 38 corridors, and other facilities to indicate the public's right of use and the City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 71 Page 173 of 459 June 2015 1 hours of operation. Public access and interpretive displays may be 2 provided for publicly funded restoration projects where significant 3 ecological impacts are addressed. The proponent shall bear the 4 responsibility for establishing and maintaining signs. 5 (b) The Shoreline Administrator may require the proponent to post signage 6 restricting or controlling the public's access to specific shoreline areas. 7 The proponent shall bear the responsibility for establishing and 8 maintaining such signage. 9 29.01.270 Flood Hazard Reduction 10 (1) Development in floodplains shall avoid significantly or cumulatively increasing 11 flood hazards. Development shall be consistent with this SMP, as well as 12 applicable guidelines of FEMA and PMC 29.01.550, Flood Hazard Areas, and 13 PMC 24.20, Provisions for Flood Hazard protection. 14 (2) Existing structural flood hazard reduction measures, such as levees, may be 15 repaired and maintained as necessary to protect legal uses on the landward side of 16 such structures. Increases in height of an existing levee, with any associated 17 increase in width, that may be needed to prevent a reduction in the authorized 18 level of protection of existing legal structures and uses shall be considered an 19 element of repair and maintenance. 20 (3) Flood hazard reduction measures shall not result in channelization of normal 21 stream flows, interfere with natural hydraulic processes such as channel 22 migration, or undermine existing structures or downstream banks. 23 (4) New development and subdivisions. Approve new development or subdivisions 24 when it can be reasonably foreseeable that the development or use would not 25 require structural flood hazard reduction measures within floodway during the life 26 of the development or use consistent with the following 27 (WAC 173-26-221(3)(c)(i)): 28 (a) Floodway: 29 (i) New development and subdivisions shall be subject to applicable 30 floodway regulations in PMC 29.01.550, Flood Hazard Areas, and 31 PMC 24.20, Provisions for Flood Hazard protection. 32 (5) New public and private structural flood hazard reduction measures shall be 33 approved when a scientific and engineering analysis demonstrates the following: 34 (a) They are necessary to protect existing development; 35 (b) Non-structural measures such as setbacks, land use controls, wetland 36 restoration, dike removal, use or structure removal or relocation, City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 72 Page 174 of 459 June 2015 1 biotechnical measures, and stormwater management programs are not 2 feasible; 3 (c) Adverse impacts on ecological functions and priority species and habitats 4 can be successfully mitigated so as to ensure no net loss; and 5 (d) Appropriate vegetation conservation actions are undertaken consistent 6 with PMC 29.01.240, Shoreline Vegetation Conservation. 7 (6) Flood hazard reduction measures shall be placed landward of associated wetlands 8 and designated shoreline buffers, except for actions that increase ecological 9 functions, such as wetland restoration, or when no other alternative location to 10 reduce flood hazard to existing development is feasible as determined by the 1 I Shoreline Administrator. 12 (7) New public structural flood hazard reduction measures, such as levees, shall 13 dedicate and improve public access pathways, unless public access improvements 14 would cause unavoidable health or safety hazards to the public, inherent and 15 unavoidable security problems, unacceptable and unmitigable significant adverse 16 ecological impacts, unavoidable conflict with the proposed use, or a cost that is 17 disproportionate and unreasonable to the total long-term cost of the development. 18 (8) In those instances when management of vegetation as required by this SMP 19 conflicts with vegetation provisions included in state, federal, or other flood 20 hazard agency documents governing City -authorized, legal flood hazard reduction 21 measures, the vegetation requirements of this SMP will not apply. However, the 22 applicant shall submit documentation of these conflicting provisions with any 23 shoreline permit applications and shall comply with all other provisions of this 24 section and this SMP that are not strictly prohibited by the approving flood hazard 25 agency. 26 (9) The removal of gravel or other riverbed material for flood -management purposes 27 shall be consistent with the PMC 29.01.350, Dredging and Dredge Material 28 Disposal, and PMC 29.01.390, Mining, and be allowed only after a biological and 29 physical conditions study shows extraction has no effect on or provides a 30 long-term benefit to flood hazard reduction, and does not result in a net loss of 31 ecological functions. 32 (10) Roads shall be located outside the floodway, except necessary crossings, which 33 shall be placed perpendicular to the waterbody as much as is physically feasible. 34 New transportation facilities shall be designed so the effective base flood storage 35 volume of the floodplain is not reduced. The applicant shall provide all necessary 36 studies, reports, and engineering analyses, which shall be subject to review and 37 modification by the Shoreline Administrator. If proposed transportation facilities 38 effectively provide flood control, they shall comply with policies and regulations 39 of this section. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 73 Page 175 of 459 June 2015 Article IV. Shoreline Modifications and Use Regulations 2 29.01.300 Agriculture 3 (1) The SMP shall not require modification of or limit existing agricultural activities 4 occurring on agricultural lands consistent with RCW 90.58.065. 5 (2) For shoreline areas used for agriculture, new uses, activities, and development 6 that are not existing and ongoing, agriculture shall be subject to the following 7 requirements: 8 (a) Such uses, activities, and development shall be allowed or permitted in a 9 manner to ensure maintenance of ecological functions and be consistent 10 with the City's land use plan. 11 (b) If the new use, activity, or development is more intensive than the existing 12 land use, no significant vegetation removal, development, or grading shall 13 occur in the shoreline buffer without associated mitigation, except as 14 necessary to accommodate low -intensity, water -dependent uses and public 15 access that sustains ecological functions. 16 (c) New agricultural lands created by diking, draining, or filling wetlands 17 shall not be allowed. 18 (d) Conversion of land for new agricultural use or activities that are not 19 consistent with the PMC Title 25, Zoning, shall not be allowed. 20 (3) A Substantial Development Permit shall be required for all agricultural 21 developments not specifically exempted by the provisions of 22 PMC 29.01.770 (4)(e) except for agricultural developments in 23 Shoreline Residential environment designation where a Shoreline Special Use 24 Permit shall be required. 25 (4) SMP provisions shall apply in the following cases: 26 (a) New agricultural activities on land not meeting the definition of 27 agricultural land; 28 (b) Expansion of agricultural activities on non-agricultural lands; 29 (c) Conversion of agricultural lands to other uses; 30 (d) Other development on agricultural land that does not meet the definition 31 of agricultural activities; and 32 (e) Agricultural development and uses not specifically exempted by the SMA. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 74 Page 176 of 459 June 2015 1 (5) New non-agricultural activities proposed on agricultural lands shall be consistent 2 with the environment designation and the Shoreline Use and Modification Matrix 3 table (PMC 29.01.200 (2)), as well as other applicable shoreline use standards, 4 including Commercial (PMC 29.01.340) or Residential (PMC 29.01.420). 5 (6) Agricultural uses and development shall be located and designed to ensure no net 6 loss of ecological functions and no significant adverse impact on other shoreline 7 resources and values. 8 (7) New feedlots are prohibited in shoreline areas. 9 (8) Agricultural uses and activities shall prevent and control erosion of soils and bank 10 materials within shoreline areas. They shall minimize siltation, turbidity, 11 pollution, and other environmental degradation of watercourses and wetlands. 12 (9) Agricultural chemicals shall be applied in a manner consistent with BMPs for 13 agriculture and PMC 29.01.250 (5). 14 (10) New agricultural activities shall not remove existing native or non-native, but 15 non -noxious, weed vegetation between all cropland or pasture areas and adjacent 16 waters or wetlands pursuant to the critical areas provisions of this SMP. 17 (11) Agricultural development shall conform to applicable state and federal policies 18 and regulations. 19 29.01.320 Boating Facilities 20 (1) General Requirements: 21 22 23 24 25 26 27 28 29 30 31 32 33 34 (a) All boating uses, development, and facilities shall protect the rights of navigation. (b) Boating facilities shall be sited and designed to ensure no net loss of shoreline ecological functions and shall meet Washington State Department of Natural Resources (WDNR) requirements and other state guidance if located in or over state-owned aquatic lands. (c) Boating facilities shall be located on stable shorelines in areas where: (i) Such facilities will not adversely affect flood channel capacity or otherwise create a flood hazard; (ii) Water depths are adequate to minimize spoil disposal, filling, beach enhancement, and other channel maintenance activities; and (iii) Water depths are adequate to prevent the structure from grounding out at the lowest low water or stoppers are installed to prevent grounding out. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 75 Page 177 of 459 June 2015 1 (d) Boating facilities shall not be located: 2 (i) Where new dredging will be required; or 3 (ii) Where wave action caused by boating use would increase bank 4 erosion rates, unless no -wake zones are implemented at the 5 facility. 6 (e) Boating uses and facilities shall be located far enough from public 7 swimming beaches and aquaculture harvest areas to alleviate any aesthetic 8 or adverse impacts, safety concerns, and potential use conflicts. 9 (f) In -water work shall be scheduled to protect biological productivity 10 (including, but not limited to, fish runs, spawning, and benthic 11 productivity). 12 (g) Accessory uses at boating facilities shall be: 13 (i) Limited to water -oriented uses, including uses that provide 14 physical or visual shoreline access for substantial numbers of the 15 general public; and 16 (ii) Located as far landward as possible, while still serving their 17 intended purposes. 18 (h) Parking and storage areas shall be landscaped or screened to provide 19 visual and noise buffering between adjacent dissimilar uses or scenic 20 areas. 21 (i) Boating facilities shall locate where access roads are adequate to handle 22 the traffic generated by the facility and shall be designed so that lawfully 23 existing or planned public shoreline access is not unnecessarily blocked, 24 obstructed, or made dangerous. 25 (j) Joint -use moorage with 10 or more berths is regulated under this section as 26 a marina (Section 3 below). Joint -use moorage with fewer than 10 berths 27 is regulated under this section as a dock or pier (see PMC 29.01.400, Piers 28 and Docks). 29 (k) All marinas and public launch facilities shall provide at least portable 30 restroom facilities for boaters' use that are clean, well -lit, safe, and 31 convenient for public use. 32 (1) Installation of boat waste disposal facilities, such as pump -outs and 33 portable dump stations, shall be required at all marinas and shall be 34 provided at public boat launches to the extent possible. The locations of 35 such facilities shall be considered on an individual basis in consultation City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 76 Page 178 of 459 June 2015 1 with the Washington State Department of Health, Ecology, WDNR, 2 Washington State Parks, and WDFW, as necessary. 3 (m) All utilities shall be placed at or below dock levels or below ground, as 4 appropriate. 5 (n) When appropriate, marinas and boat launch facilities shall install public 6 safety signs that include the locations of fueling facilities, pump -out 7 facilities, and locations for proper waste disposal. 8 (o) Boating facilities shall be constructed of materials that will not adversely 9 affect water quality or aquatic plants and animals over the long term. 10 Materials used for submerged portions, decking, and other components 11 that may come in contact with water shall be approved by applicable state 12 agencies for use in water to avoid discharge of pollutants from wave 13 splash, rain, or runoff. Wood treated with creosote, copper chromium, 14 arsenic, pentachlorophenol, or other similarly toxic materials is prohibited 15 for use in moorage facilities. 16 (p) Boating facilities in waters providing a public drinking water supply shall 17 be constructed of untreated materials such as untreated wood, approved 18 plastic composites, concrete, or steel (see PMC 29.01. 250, Water Quality, 19 Stormwater, and Nonpoint Pollution). 20 (q) Vessels shall be restricted from extended mooring on waters of the state, 21 except as allowed by state regulations and provided that a lease or 22 permission is obtained from the state and impacts to navigation and public 23 access are mitigated. 24 (2) Boat Launch Facilities: 25 (a) Public boat launch facilities may be allowed in areas where no launching 26 opportunities exist within close proximity of a site (within less than 27 3 miles distance by road on a waterbody) or as mentioned in the Public 28 Access Plan. 29 (b) Boat launch and haul -out facilities, such as ramps, marine travel lifts and 30 marine railways, and minor accessory buildings, shall be designed and 31 constructed in a manner that minimizes adverse impacts on fluvial 32 processes, biological functions, aquatic and riparian habitats, water 33 quality, navigation, and neighboring uses. 34 (c) Boat launch facilities shall be designed and constructed using 35 methods/technology that have been recognized and approved by state and 36 federal resource agencies as the best currently available. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 77 Page 179 of 459 June 2015 1 (3) Marinas: 2 (a) Marinas shall be designed to: 3 (i) Provide flushing of all enclosed water areas; 4 (ii) Allow the free movement of aquatic life in shallow water areas; 5 and 6 (iii) Avoid and minimize any interference with geohydraulic processes 7 and disruption of existing shore forms. 8 (b) Open pile or floating breakwater designs shall be used unless it can be 9 demonstrated that riprap or other solid construction would not result in 10 any greater net impacts to shoreline ecological functions, processes, fish 11 passage, or shore features. 12 (c) Wet -moorage marinas shall locate a safe distance from domestic sewage 13 or industrial waste outfalls. 14 (d) To the maximum extent possible, marinas and accessory uses shall share 15 parking facilities. 16 (e) New marina development shall provide public access amenities such as 17 viewpoints, interpretive displays, and public access to accessory 18 water -enjoyment uses (e.g., restaurants). 19 (f) If a marina is to include gas and oil handling facilities, such facilities shall 20 be separate from main centers of activity in order to minimize the fire and 21 water pollution hazards and to facilitate fire and pollution control. Marinas 22 shall have adequate facilities and procedures for fuel handling and storage, 23 and the containment, recovery, and mitigation of spilled petroleum, 24 sewage, and other potentially harmful or hazardous materials and toxic 25 products. 26 (g) The marina operator shall be responsible for the collection and dumping of 27 sewage, solid waste, and petroleum waste. 28 29.01.330 Breakwater, Jetties, Groins, and Weirs 29 (1) Breakwaters shall be allowed in environments defined in PMC 29.01.200 (2), 30 Shoreline Use and Modification Matrix, with a Shoreline Special Use Permit. 31 (2) New, expanded, or replacement groins and weirs shall only be permitted if the 32 applicant demonstrates that the proposed groin or weir will not result in a net loss 33 of shoreline ecological functions and the structure is necessary for 34 water -dependent uses, public access, shoreline stabilization, or other specific 35 public purposes. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 78 Page 180 of 459 June 2015 1 (3) Groins and weirs shall require a Special Use Permit, except when such structures 2 are installed to protect or restore ecological functions such as installation of groins 3 that may eliminate or minimize the need for hard shoreline stabilization. 4 (4) Groins and weirs shall be located, designed, constructed, and operated consistent 5 with mitigation sequencing principles, including avoiding critical areas, as 6 provided in PMC 29.01.230, Environmental Protection. 7 29.01.340 Commercial Development 8 (1) Water -dependent commercial development shall be given priority over 9 non -water -dependent commercial uses within shoreline environments. 10 Secondarily, water -related and water -oriented uses shall be given priority over 11 non -water -oriented commercial uses. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 (2) Non -water -oriented commercial uses shall be allowed if they can demonstrate at least one or more of the following: (a) The commercial use is part of a mixed-use project that includes water -dependent uses and provides a significant public benefit with respect to the objectives of the SMA. (b) Navigability is severely limited at the proposed site, including opportunities for non -motorized boating or other water -oriented uses. (c) The commercial use is physically separated from the shoreline by another property, public right-of-way, or levee. (d) The commercial use is farther upland than 200 feet from the OHWM; therefore, a water -oriented use is not a viable option. (3) Non -water -oriented uses, including, but not limited to, residential uses, may be located with water -oriented commercial uses provided: (a) The mixed-use project includes one or more water -dependent uses. (b) Water -dependent commercial uses, as well as other water -oriented commercial uses, have preferential locations along the shoreline. (c) The underlying zoning district permits residential uses together with commercial uses. (d) Public access is provided and/or ecological restoration is provided as a public benefit. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 79 Page 181 of 459 June 2015 1 (4) Review Criteria. The City shall utilize the following information in its review of 2 all commercial development applications: 3 (a) Whether there is a water -oriented aspect of the proposed commercial use 4 or activity when it is located within 200 feet of the OHWM; 5 (b) Whether the proposed commercial use is consistent with the Shoreline Use 6 and Modification Matrix (PMC 29.01.200 (2)); 7 (c) Whether the application has the ability to enhance compatibility with the 8 shoreline environment and adjacent uses; 9 (d) Whether adequate provisions are made for public and private visual and 10 physical shoreline access; and 11 (e) Whether the application makes adequate provisions to prevent adverse 12 environmental impacts and provide for shoreline ecological or critical area 13 mitigation, where appropriate. 14 (5) Commercial development shall be designed and maintained in a manner 15 compatible with the character and features of surrounding areas. Developments 16 are encouraged to incorporate low -impact development techniques into new and 17 existing projects and integrate architectural and landscape elements that recognize 18 the river and lake environments. The City may prescribe and modify project 19 dimensions, screening standards, setbacks, or operation intensities to achieve this 20 purpose. 21 (6) Eating and drinking facilities and lodging facilities shall be oriented to provide 22 views to the waterfront, when such view is available from the site. 23 (7) Commercial uses shall provide for public access as a condition of approval, unless 24 such public access is demonstrated by the proponent to be infeasible or 25 inappropriate for the shoreline pursuant to PMC 29.01.260, Public Access. 26 (8) Commercial uses shall provide for suitable measures to rehabilitate and enhance 27 the shoreline ecology as a condition of approval. 28 (9) Non -water -oriented commercial uses shall not be allowed over water in any 29 shoreline environment. 30 (10) All commercial loading and service areas shall be located upland or away from 31 the shoreline. Provisions shall be made to screen such areas with walls, fences, 32 and landscaping and to minimize aesthetic impacts. 33 (11) The storage of potentially hazardous or dangerous substances or wastes is 34 prohibited in the floodway or within 200 feet of the OHWM, whichever boundary 35 extends farthest landward. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 80 Page 182 of 459 June 2015 1 (12) Development shall be located, designed, and constructed in a manner that ensures 2 no net loss of shoreline ecological functions and without significant adverse 3 impacts on other preferred land uses and public access features. 4 29.01.350 Dredging and Dredge Material Disposal 5 (1) Dredging: 6 (a) New dredging shall be permitted only where it is demonstrated that the 7 proposed water -dependent or water -related uses will not result in 8 significant or ongoing adverse impacts to water quality, Fish and Wildlife 9 Habitat Conservation Areas and other critical areas, flood holding 10 capacity, natural drainage and water circulation patterns, significant plant 11 communities, prime agricultural land, and public access to shorelines, 12 unless one or more of these impacts cannot be avoided. When such 13 impacts are unavoidable, they shall be minimized and mitigated such that 14 they result in no net loss of shoreline ecological functions. 15 (b) Dredging and dredge disposal shall be prohibited on or in archaeological 16 sites that are listed on the National Register of Historic Places and the 17 Washington Heritage Register until such time that they have been 18 reviewed and approved by the appropriate agency. 19 (c) Dredging techniques that cause minimum dispersal and broadcast of 20 bottom material shall be used, and only the amount of dredging necessary 21 shall be permitted. 22 (d) Dredging shall be permitted only: 23 (i) For navigation or navigational access; 24 (ii) In conjunction with a water -dependent use of waterbodies or 25 adjacent shoreline areas; 26 (iii) As part of an approved habitat improvement project; 27 (iv) To improve water flow or water quality, provided that all dredged 28 material shall be contained and managed so as to prevent it from 29 re-entering the water; or 30 (v) In conjunction with a bridge, navigational structure, or wastewater 31 treatment facility for which there is a documented public need and 32 where other feasible sites or routes do not exist. 33 (e) Dredging for fill is prohibited except where the material is necessary for 34 restoration of shoreline ecological functions. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 81 Page 183 of 459 June 2015 1 (2) Dredge Material Disposal: 2 (a) Upland dredge material disposal within shoreline jurisdiction is 3 discouraged. In the limited circumstances when it is allowed, it will be 4 permitted under the following conditions: 5 (i) Shoreline ecological functions and processes will be preserved, 6 restored, or enhanced, including protection of surface and 7 groundwater; 8 (ii) Erosion, sedimentation, floodwaters, or runoff will not increase 9 adverse impacts on shoreline ecological functions and processes or 10 property; and 11 (iii) The site will ultimately be suitable for a use allowed by this SMP. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 (b) Dredge material disposal shall not occur in wetlands, except as authorized by Special Use Permit as part of a shoreline restoration project. (c) Dredge material disposal within areas assigned an Aquatic environment designation may be approved only when authorized by applicable agencies, which may include the USACE pursuant to Section 404 (Clean Water Act) permits, WDFW's Hydraulic Project Approval, and/or the Dredged Material Management Program of the WDNR; and when one of the following conditions apply: (i) Land disposal is infeasible, less consistent with this SMP, or prohibited by law; or (ii) Disposal as part of a program to restore or enhance shoreline ecological functions and processes is not feasible. (d) Dredge materials approved for disposal within areas assigned an Aquatic environment designation shall comply with the following conditions: (i) Aquatic habitat will be protected, restored, or enhanced; (ii) Adverse effects on water quality or biologic resources from contaminated materials will be mitigated; (iii) Shifting and dispersal of dredge material will be minimal; and (iv) Water quality will not be adversely affected. (e) When required by the Shoreline Administrator, revegetation of land disposal sites shall occur as soon as feasible in order to retard wind and water erosion and to restore the wildlife habitat value of the site. Native species shall be used in the revegetation. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 82 Page 184 of 459 June 2015 1 (f) Dredge material disposal operating periods and hours shall be limited to 2 those stipulated by the WDFW and hours from 7:00 AM to 5:00 PM 3 Monday through Friday, except in time of emergency as authorized by the 4 Shoreline Administrator. Provisions for buffers at land disposal or transfer 5 sites, in order to protect public safety and other lawful interests and to 6 avoid adverse impacts, shall be required. 7 (3) Submittal Requirements. The following information shall be required for all 8 dredging applications: 9 (a) A description of the purpose of the proposed dredging and analysis of 10 compliance with the policies and regulations of this SMP. 11 (b) A detailed description of the existing physical character, shoreline 12 geomorphology, and biological resources provided by the area proposed to 13 be dredged, including: 14 (i) A site plan map outlining the perimeter of the proposed dredge 15 area, including the existing bathymetry (water depths that indicate 16 the topography of areas below the OHWM), and having data points 17 at a minimum of 2 -foot depth increments. 18 (ii) A Critical Areas Detailed Studies according to 19 PMC 29.01.510 (10). 20 (iii) A mitigation plan, if necessary, to address any identified adverse 21 impacts on ecological functions or processes. 22 (iv) Information on stability of areas adjacent to proposed dredging and 23 spoils disposal areas. 24 (v) A detailed description of the physical, chemical, and biological 25 characteristics of the dredge materials to be removed, including: 26 (A) Physical analysis of material to be dredged (e.g., material 27 composition and amount, grain size, organic materials 28 present, and source of material). 29 (B) Chemical analysis of material to be dredged (e.g., volatile 30 solids, chemical oxygen demand, grease and oil content, 31 and mercury, lead, and zinc content). 32 (C) Biological analysis of material to be dredged. 33 (c) A description of the method of materials removal, including facilities for 34 settlement and movement. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 83 Page 185 of 459 June 2015 1 (d) Dredging procedure, including the length of time it will take to complete 2 dredging, method of dredging, and amount of materials removed. 3 (e) Frequency and quantity of project maintenance dredging. 4 (f) Detailed plans for dredge spoil disposal, including specific land disposal 5 sites and relevant information on the disposal site, including, but not 6 limited to: 7 (i) Dredge material disposal area; 8 (ii) Physical characteristics, including location, topography, existing 9 drainage patterns, and surface and groundwater; 10 (iii) Size and capacity of disposal site; 11 (iv) Means of transportation to the disposal site; 12 (v) Proposed dewatering and stabilization of dredged material; 13 (vi) Methods of controlling erosion and sedimentation; and 14 (vii) Future use of the site and conformance with land use policies and 15 regulations. 16 (g) Total estimated initial dredge volume. 17 (h) Plan for disposal of maintenance spoils for at least a 20 -year period, if 18 applicable. 19 (i) Hydraulic modeling studies sufficient to identify existing geohydraulic 20 patterns and probable effects of dredging. 21 29.01.360 Fill and Excavation 22 (1) Fill and excavation waterward of the OHWM, except to support ecological 23 restoration, requires a Special Use Permit and may be permitted only when: 24 (a) In conjunction with water -dependent or public access uses allowed by this 25 SMP; 26 (b) In conjunction with a bridge, levee, or transportation facility of statewide 27 significance, for which there is a demonstrated public need and where no 28 feasible upland sites, design solutions, or routes exist; 29 (c) In conjunction with implementation of an interagency environmental 30 cleanup plan to clean up and dispose of contaminated sediments; City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 84 Page 186 of 459 June 2015 1 (d) Disposal of dredged material considered suitable under, and conducted in 2 accordance with, the Washington State Dredged Material Management 3 Program; or 4 (e) In conjunction with any other environmental restoration or enhancement 5 project. 6 (2) Waterward of the OHWM, pile or pier supports shall be utilized whenever 7 feasible in preference to fills. Fills for approved road development in floodways 8 or wetlands shall be permitted only if pile or pier supports are proven not feasible. 9 (3) Fill upland and waterward of the OHWM, including in non -watered side 10 channels, shall be permitted only where it is demonstrated that the proposed 11 action will not: 12 (a) Result in significant ecological damage to water quality, fish, and/or 13 wildlife habitat; 14 (b) Adversely alter natural drainage and circulation patterns, currents, or river 15 flows, or significantly reduce flood water capacities; 16 (c) Alter geomorphic or hydrologic processes; and 17 (d) Significantly reduce public access to the shoreline or significantly 18 interfere with shoreline recreational uses. 19 (4) Fills are prohibited in the floodway, except when approved by Special Use Permit 20 and where required in conjunction with uses allowed by this SMP. 21 (5) Fills are allowed in floodplains outside of the floodway only where they would 22 not alter the hydrologic characteristics or flood storage capacity, or inhibit 23 channel migration that would, in turn, increase flood hazard or other damage to 24 life or property and are consistent with FEMA standards and PMC 24.20, 25 Provisions for Flood Hazard Protection, and PMC 29.01.550, Flood Hazard 26 Areas. 27 (6) Fill shall be of the minimum amount and extent necessary to accomplish the 28 purpose of the fill. 29 (7) Excavation waterward of the OHWM or within wetlands shall be considered 30 dredging for purposes of this SMP. 31 (8) Fills or excavation shall not be located where shore stabilization will be necessary 32 to protect materials placed or removed. Disturbed areas shall be immediately 33 stabilized and revegetated, as applicable. 34 (9) Fills, beach development or nourishment, and excavation shall be designed to 35 blend physically and visually with existing topography whenever possible, so as City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 85 Page 187 of 459 June 2015 1 not to interfere with long-term appropriate use, including lawful access and 2 enjoyment of scenery. 3 29.01.370 Industrial Development 4 (1) Water -dependent industrial development shall be given priority over 5 non -water -dependent commercial uses within shoreline environments. 6 Secondarily, water -related and water -oriented uses shall be given priority over 7 non -water -oriented commercial uses. 8 (2) Non -water -oriented industrial uses shall be allowed if they can demonstrate one 9 or more of the following: 10 (a) The industrial use is part of a mixed-use project that includes 11 water -dependent uses and provides a significant public benefit with 12 respect to the objectives of the SMA. 13 (b) Navigability is severely limited at the proposed site, including 14 opportunities for non -motorized boating or other water -oriented uses. 15 (c) The industrial use is physically separated from the shoreline by another 16 property, public right-of-way, or levee. 17 (d) The industrial use is farther upland than 200 feet from the OHWM; 18 therefore, a water -oriented use is not a viable option. 19 (3) Where industrial use is proposed for location on land in public ownership, public 20 access should be required unless such public access is demonstrated by the 21 proponent to be infeasible or inappropriate for the shoreline pursuant to 22 PMC 29.01.260, Public Access. 23 (4) Industrial uses shall provide for suitable measures to rehabilitate and enhance the 24 shoreline ecology as a condition of approval. 25 (5) Non -water -oriented industrial uses shall not be allowed over water in any 26 shoreline environment. 27 (6) All industrial loading and service areas shall be located upland or away from the 28 shoreline, except when loading services are water -dependent such as barge 29 facilities. Provisions shall be made to screen upland loading areas with walls, 30 fences, and landscaping and to minimize aesthetic impacts. 31 (7) The new storage of potentially hazardous or dangerous substances or wastes is 32 prohibited in the floodway or within 200 feet of the OHWM, whichever boundary 33 extends farthest landward. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 86 Page 188 of 459 June 2015 1 (8) Industrial development will be located, designed, or constructed in a manner that 2 ensures no net loss of shoreline ecological functions and such that it does not have 3 significant adverse impacts to other shoreline resources and values. 4 29.01.380 In -stream Structures 5 (1) In -stream structures are those structures placed by humans within a stream or 6 river waterward of the OHWM that either cause or have the potential to cause 7 water impoundment or the diversion, obstruction, or modification of water flow. 8 In -stream structures may include those for hydroelectric generation, irrigation, 9 water supply, flood control, transportation, utility service transmission, structures 10 primarily intended for fisheries management, or other purposes. Docks, piers, and 11 marinas are not regulated as in -stream structures in this section of the SMP. See 12 PMC 29.01.450, Transportation: Trails, Roads, and Parking, and PMC 29.01.460, 13 Utilities, for regulations governing road and utility crossings of streams. 14 (2) General: 15 (a) The location, planning, and design of in -stream structures shall be 16 compatible with the following: 17 (i) The full range of public interests; existing agricultural activities; 18 water diversion operations, maintenance, and facility upgrade 19 activities; and providing for public access to shoreline waters, 20 desire for protection from floods, and need for preservation of 21 historic and cultural resources. 22 (ii) Protection and preservation of ecosystem -wide processes and 23 ecological functions, including, but not limited to, fish and 24 wildlife, with special emphasis on protecting and restoring priority 25 habitats and species and water resources and hydrogeological 26 processes within the context of the hydrology and water 27 management effects of the Columbia and Snake river operations 28 and McNary Pool conditions, as applicable. 29 (b) New structures shall be designed, located, and constructed consistent with 30 mitigation sequencing principles in PMC 29.01.230, Environmental 31 Protection, and as otherwise limited by floodplain regulations found in 32 PMC 29.01.270, Flood Hazard Reduction, and PMC 29.01.550, Flood 33 Hazard Areas. 34 (c) New structures shall be designed and located to minimize removal of 35 riparian vegetation and, if applicable, to return flow to the stream in as 36 short a distance as possible. 37 (d) In -stream structures shall provide for adequate upstream and downstream 38 migration of resident fish, as applicable, and shall not adversely affect City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 87 Page 189 of 459 June 2015 1 salmonid fish species or adversely modify salmonid fish habitat, as 2 applicable. 3 (e) Utilities and transmission lines shall be located so as to minimize 4 obstruction or degradation of views and comply with applicable provisions 5 of the Utilities section of this SMP. 6 (f) Mitigation shall be required of the proponent for the loss of ecological 7 functions and processes pursuant to PMC 29.01.230, Environmental 8 Protection, and PMC 29.01, Article V, Critical Areas. No net loss in 9 function, value, or acreage shall occur from such development. 10 (3) Submittal Requirements. In addition to the standard requirements listed in 11 PMC 29.01.730, Application Requirements, all permit applications for in -stream 12 structures shall contain, at a minimum, the following additional information: 13 (a) A site suitability analysis, which provides sufficient justification for the 14 proposed site; the analysis must fully address alternative sites for the 15 proposed development. 16 (b) Proposed location and design of primary and accessory structures, 17 transmission equipment, utility corridors, and access/service roads. 18 (c) A plan that describes the extent and location of vegetation, which is 19 proposed to be removed to accommodate the proposed facility, and any 20 site revegetation plans required by this SMP. 21 (d) A hydraulic analysis prepared by a licensed professional engineer that 22 sufficiently describes the project's effects on streamway hydraulics, 23 including potential increases in base flood elevation, changes in stream 24 velocity, and the potential for redirection of the normal flow of the 25 affected stream. 26 (e) A hydrologic analysis that analyzes the project's effects on ecological 27 processes, including delivery and rate of water and sediment, 28 geomorphology, and recruitment of organic material. 29 (f) Biological resource inventory and analysis that sufficiently describes the 30 project's effects on fish and wildlife resources, prepared by a qualified 31 professional as defined in the Critical Areas section of this SMP. 32 (g) Provision for erosion control, protection of water quality, and protection of 33 fish and wildlife resources during construction. 34 (h) Long-term management plans that describe in sufficient detail the 35 provisions for protection of in -stream resources during construction and 36 operation; the plan shall include means for monitoring its success. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 88 Page 190 of 459 June 2015 1 29.01.390 Mining 2 (1) Mining shall be prohibited waterward of the OHWM. 3 (2) Mining facilities shall be located within shoreline jurisdiction only when no 4 feasible sites are available outside shoreline jurisdiction and only after the 5 applicant has demonstrated compliance with the mitigation sequencing 6 requirements of PMC 29.01.230, Environmental Protection. 7 (3) Mining in shoreline jurisdiction shall only be approved when the material 8 proposed to be extracted is only available in a shoreline location. This 9 determination shall be based on an evaluation of geologic factors such as the 10 distribution and availability of mineral resources for that jurisdiction, the need for 11 such mineral resources, and economic, transportation, and land use factors. This 12 demonstration may rely on analysis or studies prepared for purposes of the 13 Comprehensive Plan's designations and may be integrated with any relevant 14 environmental review conducted under (SEPA; RCW 43.21C) or otherwise be 15 shown in a manner consistent with RCW 90.58.100(1) and 16 WAC 173-26-201(2)(a), as amended. 17 (4) Mining facilities and associated activities shall be designed and located to prevent 18 loss of ecological function. 19 (5) Application for permits for mining operations shall be accompanied by operation 20 plans, reclamation plans, and analysis of environmental impacts sufficient to 21 make a determination as to whether the project will result in net loss of shoreline 22 ecological functions and processes during the course of mining and after 23 reclamation, and how impacts will be mitigated to achieve no net loss of these 24 functions. Creation, restoration, or enhancement of habitat for priority species and 25 the future productivity of the site may be considered in determining no net loss of 26 ecological functions. 27 (6) Mining proposals must be coordinated and compliant with state Surface Mining 28 Reclamation Act requirements (RCW 78.44, WAC 332-18). 29 (7) Preference shall be given to mining uses that result in the creation, restoration, or 30 enhancement of habitat for priority species. 31 29.01.400 Piers and Docks 32 (1) All boating uses, development, and facilities shall protect the rights of navigation 33 and demonstrate no net loss of ecological functions, including providing on-site 34 and off-site mitigation, as applicable. 35 (2) Shared moorage serving single-family use consisting of docks and piers with 36 more than four berths, commercial moorage available to the general public, and 37 moorage related to clubs or other groups not associated with a particular City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 89 Page 191 of 459 June 2015 1 residential development are regulated as Boating Facilities under PMC 29.01.320, 2 Boating Facilities. 3 (3) Docks and piers with four or fewer berths or any number of mooring buoys are 4 regulated under this section. 5 (4) Piers and docks shall avoid: 6 (a) Areas where shoreline modification is required for approach and other 7 upland facilities. 8 (b) Locations where they would adversely impact upland riparian or nearshore 9 habitat for aquatic species. 10 (c) Locations where they would adversely affect flood channel capacity or 11 create a flood hazard. 12 (d) Locations where water depths for vessels are not adequate without 13 dredging. 14 (5) Piers and docks, except those accessory to single-family residences, shall provide 15 public access in accordance with PMC 29.01.260, Public Access, of this SMP and 16 shall be located and designed such that existing public access to public shorelines 17 is not obstructed nor made hazardous. 18 (6) All in- and over -water structures shall be constructed of materials that will not 19 adversely affect water quality or aquatic plants and animals during the long term. 20 Wood treated with creosote, pentachlorophenol, or other similarly toxic materials 21 is prohibited. Docks shall be constructed of untreated materials such as untreated 22 wood, approved plastic composites, concrete, or steel. 23 (7) Vessels shall be restricted from extended mooring on waters of the state, except as 24 allowed by state regulations and unless a lease or other permission is obtained 25 from the state and impacts to navigation and public access are mitigated. 26 (8) Boat Launches: 27 (a) Boat launches accessory to single-family and multi -family residential uses 28 are prohibited. 29 (b) Private boat launches shall be allowed only for water -dependent uses and 30 marinas and only when it is demonstrated that public boat launches will 31 not feasibly serve the use. Rail and track systems shall be preferred over 32 concrete ramps. 33 (c) New public boat launches for general public use or expansion of public 34 boat launches by adding launch lanes shall demonstrate that: City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 90 Page 192 of 459 June 2015 1 (i) Water depths are adequate to avoid the need for dredging and 2 eliminate or minimize potential loss of shoreline ecological 3 functions or other shoreline resources from offshore or foreshore 4 channel dredging. 5 (ii) Adjacent residential properties will not be adversely affected by 6 adverse proximity impacts such as noise, light and glare, or scale 7 and aesthetic impacts. Fencing or landscape areas may be required 8 to provide a visual screen. 9 (iii) Exterior lighting will not adversely impact aquatic species. 10 (iv) Adequate provisions are made for restroom, sewage, and solid 11 waste disposal facilities in compliance with applicable health 12 regulations. 13 (v) Access and parking shall not produce traffic hazards, shall not 14 result in excessive noise or other impacts, shall minimize traffic 15 impacts on nearby streets, and shall include adequate parking for 16 boat trailers. Parking on public streets may be allowed for peak 17 periods if it is demonstrated that such parking will not adversely 18 impact through traffic or residential uses. 19 (9) New moorage to serve a single-family residence may be allowed only if - 20 £20 (a) It is consistent with the USACE McNary Pool Management Plan. 21 (b) An applicant demonstrates that existing facilities (boat launches and 22 public and private marinas) are not reasonably available to meet demand. 23 (c) The lot does not have access to shared moorage in an existing subdivision, 24 and there is no homeowners association or other corporate entity capable 25 of developing shared moorage. 26 (d) In cases where a new dock or pier is approved, the City may require an 27 agreement to share with nearby residences with water frontage and 28 provide for expansion to serve such additional users. 29 (10) A dock or pier serving a single-family residence shall meet the following 30 standards: 31 (a) Piers and Ramps: 32 (i) To prevent damage to shallow -water habitat, piers and ramps shall 33 extend at least 40 feet perpendicular from the OHWM. In some 34 instances and sites, it may not be practical to extend a ramp 40 feet 35 from OHWM (for instance, where this could conflict with 36 navigation). The City may grant exceptions on a case-by-case basis City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 91 Page 193 of 459 June 2015 1 depending on documentation of specific limitation that exist and in 2 coordination with other permitting agencies. 3 (ii) Piers and ramps shall be no more than 4 feet in width. 4 (iii) The bottom of either the pier or landward edge of the ramp shall be 5 elevated at least 2 feet above the plane of OHWM. 6 (iv) Grating shall cover the entire surface area (100%) of the pier or 7 ramp. The open area of grating shall be at least 50%, as rated by 8 the manufacturer. 9 (v) Skirting shall not be placed on piers, ramps, or floats. Protective 10 bumper material will be allowed along the outside edge of the 11 float, as long as the material does not extend below the bottom 12 edge of the float frame or impede light penetration. 13 (vi) Shoreline concrete anchors must be placed at least 10 feet 14 landward from the OHWM and shall be sized no larger than 15 4 -feet -wide by 4 -feet -long, unless otherwise approved by the City, 16 National Oceanic and Atmospheric Administration (NOAA) 17 fisheries, USACE, and WDFW. The maximum anchor height shall 18 be only what is necessary to elevate the bottom of either the pier or 19 landward edge of the ramp at least 2 feet above the plane of 20 OHWM. The intent of this criterion is to limit impacts to riparian 21 vegetation along the shoreline. The City may grant exceptions 22 from the 10 -foot landward requirement if site conditions warrant. 23 Exceptions shall be made on a case-by-case basis and based on 24 documentation of a specific limitation that exists and in 25 coordination with other permitting agencies. 26 (b) Preservatives: 27 (i) The dock shall be built with materials that do not leach 28 preservatives or other materials. 29 (ii) No treated wood of any kind shall be used on any overwater 30 structure (float, pier, or ramp). 31 (iii) No paint, stain, or preservative shall be applied to the overwater 32 structure. 33 (c) General: 34 (i) No electricity shall be provided to, or on, the overwater structure. 35 (ii) No boat lifts or watercraft lifts (e.g., Jet Ski lifts) of any type will 36 be placed on, or in addition to, the overwater structure. The City City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 92 Page 194 of 459 June 2015 1 may grant exceptions on a case-by-case basis in coordination with 2 other permitting agencies if the applicant can demonstrate that the 3 proposed boat lift meets the intent of the criteria to minimize 4 structure, maximize light penetration, and maximize depth. 5 However, these structures must meet the size criteria of the plan 6 (total 160 square feet). 7 (iii) Shoreline armoring (i.e., bulkheads, riprap, and retaining walls) 8 shall not occur in association with installation of the overwater 9 structure. 10 (iv) Construction of the overwater structure shall be completed during 11 the in -water work window (November 1 to February 28). 12 (d) Piling and Float Anchors: 13 (i) Piling shall not exceed 8 inches in diameter. The intent of this 14 criterion is not to require existing pilings to be removed, cut, or 15 capped, but to place limits on the size of new pilings. The City 16 may grant exceptions to allow for larger pilings on a case-by-case 17 basis and in coordination with other permitting agencies in areas 18 where safety considerations merit it. 19 (ii) Pilings shall be spaced at least 18 feet apart on the same side of 20 any component of the overwater structure. The pier/ramp and float 21 are separate components. 22 (iii) Each overwater structure shall utilize no more than four piles total 23 for the entire project. A combination of two piles and four helical 24 anchors may be used in place of four piles. 25 (iv) All pilings shall be fitted with devices to prevent perching by 26 piscivorous (fish -eating) birds. 27 (v) Submerged float anchors will be constructed from concrete and 28 shall be horizontally compressed in form, by a factor of five or 29 more, for a minimum profile above the stream bed (the horizontal 30 length and width will be at least five times the vertical height). A 31 helical screw anchor may be utilized where substrate allows. The 32 owner shall be responsible for demonstrating feasibility and for 33 proper installation such that anchor displacement does not occur. 34 (vi) No in -water fill material will be allowed, with the exception of 35 pilings and float anchors. (Note: uncured concrete or its 36 by-products shall not be allowed.) 37 (e) Floats: City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 93 Page 195 of 459 June 2015 1 (i) Float components shall not exceed the dimensions of 8 -by -20 feet, 2 or an aggregate total of 160 square feet, for all float components. 3 (ii) Flotation materials shall be permanently encapsulated to prevent 4 breakup into small pieces and dispersal in water (e.g., rectangular 5 float tubs). 6 (iii) Grating shall cover 100% of the surface area of the float(s). The 7 open area of the grating shall be no less than 50%, as rated by the 8 manufacturer. 9 (iv) Functional grating will cover no less than 50% of the float. 10 (v) Floats shall not be located in shallow -water habitat where they 11 could ground or impede the passage or rearing of any salmonid life 12 stage. 13 (vi) Nothing shall be placed on the overwater structure that will reduce 14 natural light penetration through the structure. 15 (vii) Floats shall be positioned at least 40 feet horizontally from the 16 OHWM and no more than 100 feet from the OHWM, as measured 17 from the landward -most edge of the float. Adjustments to this 18 requirement may be made on an individual basis where street 19 compliance with this standard may present safety issues or be 20 excessive for site conditions. 21 (viii) Project construction shall cease during high-flow conditions that 22 could result in inundation of the project area, except for efforts to 23 avoid or minimize resource damage. 24 (11) Shared residential docks and piers shall generally meet the standards for 25 single-family docks above, except that the number of floats and the size of piers 26 and other facilities may be increased to serve additional slips to provide one 27 moorage space per residence served. 28 (12) Docks and piers shall be set back a minimum of 10 feet from side property lines, 29 except that joint -use facilities may be located closer to, or upon, a side property 30 line when agreed to by contract or covenant with the owners of the affected 31 properties. This agreement shall be recorded with the County Auditor and a copy 32 filed with the Shoreline Permit application. 33 (13) Moorage related to subdivision: 34 (a) New subdivisions and short plats shall contain a restriction on the face of 35 the plat prohibiting individual docks. A site for community or shared 36 moorage shall be designated on the plat and owned in undivided interest 37 by property owners within the subdivision. Shared moorage facilities shall City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 94 Page 196 of 459 June 2015 1 be available to lots with water frontage in the subdivision. The over -water 2 area of the dock shall be made available to other lots and the public for 3 community access and may be required to provide public access 4 depending on the scale of the facility. 5 (b) Approval of a shared moorage for a subdivision shall be subject to the 6 following criteria: 7 (i) There is no reasonably available public or private moorage that can 8 serve the moorage needs of the residences or the subdivision. 9 (ii) Shared moorage to serve new development shall be limited to the 10 amount of moorage needed to serve lots with water frontage. One 11 moorage space per lot may not be presumed. 12 (iii) The size of a dock must consider the use of mooring buoys for 13 some or all moorage needs and the use of all or part of the dock to 14 allow tender access to mooring buoys. 15 (iv) Public access shall be provided in all shared docks utilizing public 16 aquatic lands that accommodate five or more vessels. 17 (c) If a community or shared dock is not developed at the time of subdivision, 18 a community association shall be established with the authority to levy 19 assessments within the subdivision to construct and maintain a community 20 dock in the future. The failure of a subdivision to develop a community or 21 shared dock shall not affect the prohibition on individual docks. 22 (14) Multi -family residences, hotels, motels, and other commercial developments 23 proposing to provide moorage facilities shall meet the criteria for a marina. Use of 24 the moorage must be open to the general public on the same basis as residents or 25 occupants and shall provide public access. If approved, no more than one 26 joint -use moorage facility may be provided for a parcel or development. 27 (15) Applications for docks or piers serving single commercial or industrial enterprises 28 shall demonstrate that: 29 (a) The facility serves a water -dependent use; 30 (b) The facility is the minimum size required to serve the proposed use, 31 provided that provisions for expansion or future joint use may be 32 provided; 33 (c) The facility minimizes impacts to the extent feasible. Where impacts are 34 unavoidable, the facility mitigates impacts to navigation, aquatic habitat, 35 upland habitat, public access to the water for recreation, fishing and 36 similar use, and public access to publicly accessible lands below the 37 OHWM. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 95 Page 197 of 459 June 2015 1 (16) Commercial or industrial moorage facilities shall demonstrate that: 2 (a) The dock or pier shall be the minimum length required to serve the use. 3 (b) Access from the shore to piers or floats shall minimize water cover in 4 order to minimize impacts to shallow -water habitat. 5 (c) Piers and ramps shall be elevated to provide the maximum feasible light 6 penetration. 7 (d) Grating, or clear translucent material, shall be utilized to the maximum 8 extent feasible to provide light penetration. 9 (e) Floats shall be constructed and attached so they do not ground out on the 10 substrate. 11 (f) Pile spacing shall be the maximum feasible to minimize shading and avoid 12 a wall effect that would block or baffle wave patterns, currents, littoral 13 drift, or movement of aquatic life forms, or result in structure damage 14 from driftwood impact or entrapment. 15 (g) Pile diameter shall be minimized while meeting structural requirements. 16 (h) Covered structures may be permitted only to serve a water -dependent use 17 where it is demonstrated that adequate upland sites are not feasible and the 18 area covered is the minimum necessary to serve the use. 19 (17) Barge terminals are a particular use that can include docks, piers, and industrial 20 moorage. These facilities must demonstrate those items as provided in 21 PMC -29.01.100 (16), but the SMP recognizes that barge terminals require 22 specific development regulations, including hardening of the shoreline, dredging, 23 and no setback areas. 24 29.01.410 Recreational Development 25 (1) General Preferences: 26 (a) Recreational uses and facilities shall include features that relate to access, 27 enjoyment, and use of the City's shorelines. 28 (b) Both passive and active shoreline recreation uses are allowed. 29 (c) Water -oriented recreational uses and activities are preferred in shoreline 30 jurisdiction. Water -dependent recreational uses shall be preferred as a first 31 priority and water -related and water -enjoyment recreational uses as a 32 second priority. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 96 Page 198 of 459 June 2015 1 (d) Existing passive recreational opportunities, including nature appreciation, 2 non -motorized trails, public education regarding shoreline ecological 3 functions and processes, environmental interpretation, and native habitat 4 protection, shall be maintained. Opportunities incorporating educational 5 and interpretive information shall be included in design and operation of 6 recreation facilities and nature trails when feasible. 7 (e) Preference shall be given to the development and enhancement of public 8 access to the shoreline to increase fishing, boating, and other water -related 9 recreational opportunities. 10 (2) General Performance Standards: 11 (a) The potential adverse impacts of all recreational uses shall be mitigated, 12 and adequate provisions for shoreline rehabilitation shall be made part of 13 any proposed recreational use or development to ensure no net loss of 14 shoreline ecological function. 15 (b) Sites with fragile and unique shoreline conditions, such as high-quality 16 wetlands and wildlife habitats, shall be used only for non -intensive 17 recreation activities such as trails, viewpoints, interpretive signage, and 18 similar passive and low -impact facilities that result in no net loss of 19 shoreline ecological function, and do not require the construction and 20 placement of permanent structures. 21 (c) For proposed recreation developments that require the use of fertilizers, 22 pesticides, or other toxic chemicals, the proponent shall specify the BMPs 23 to be used to prevent these applications and resultant leachate from 24 entering adjacent waters. 25 (d) Recreational developments shall be located and designed to preserve, 26 enhance, or create scenic views and vistas. 27 (e) In approving shoreline recreational developments, the 28 Shoreline Administrator shall ensure the development will maintain, 29 enhance, or restore desirable shoreline features, including unique and 30 fragile areas, scenic views, and aesthetic values. The 31 Shoreline Administrator may, therefore, adjust or prescribe project 32 dimensions, on-site location of project components, intensity of use, 33 screening, lighting, parking, and setback requirements. 34 (3) Signs indicating the public's right to access shoreline areas shall be installed and 35 maintained in conspicuous locations at all points of access. 36 (4) Recreational developments shall provide facilities for non -motorized access to the 37 shoreline, such as pedestrian and bicycle paths, and equestrian access, as 38 applicable. New motorized vehicle access shall be located and managed to protect 39 riparian, wetlands, and shrub -steppe habitat functions and value. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 97 Page 199 of 459 June 2015 1 (5) Proposals for recreational developments shall include a landscape plan indicating 2 how native, self-sustaining vegetation is incorporated into the proposal to 3 maintain ecological functions. The removal of on-site native vegetation shall be 4 limited to the minimum necessary for the development of permitted structures or 5 facilities and shall be consistent with provisions of PMC 29.01.240, Shoreline 6 Vegetation Conservation, and PMC 29.01, Article V, Critical Areas. 7 (6) Accessory uses and support facilities such as maintenance facilities, utilities, and 8 other non -water -oriented uses shall be consolidated and located in upland areas 9 outside shoreline, wetland, and riparian buffers unless such facilities, utilities, and 10 uses are allowed in shoreline buffers based on the regulations of this SMP. 11 (7) The placement of picnic tables, playground apparatus, and other similar minor 12 components within the floodways shall be permitted, provided such structures are 13 located and installed in such a manner as to prevent them from being swept away 14 during a flood event. 15 (8) Recreational facilities shall make adequate provisions, such as screening, 16 landscaping buffer strips, fences, and signs, to prevent trespass on adjacent 17 properties and to protect the value and enjoyment of adjacent or nearby private 18 properties and natural areas, as applicable. 19 (9) Recreational facilities or structures are only allowed to be built over water when 20 they provide public access or facilitate a water -dependent use and shall be the 21 minimum size necessary to accommodate the permitted activity. 22 (10) Recreational developments shall make adequate provisions for: 23 (a) On-site and off-site access and, where appropriate, equestrian access; 24 (b) Appropriate water supply and waste disposal methods; and 25 (c) Security and fire protection. 26 (11) Structures associated with recreational development shall not exceed 35 feet in 27 height, except for as noted in PMC 29.01.210, Development Standards, when 28 such structures document that the height above 35 feet will not obstruct the view 29 of a substantial number of adjoining residences. 30 (12) Recreational development shall minimize effective impervious surfaces in 31 shoreline jurisdiction and incorporate low -impact development techniques. 32 29.01.420 Residential Development 33 (1) Single-family residential development is a preferred use when it is developed in a 34 manner consistent with SMP provisions. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 98 Page 200 of 459 June 2015 1 (2) Residential development shall be located and constructed to result in no net loss 2 of shoreline ecological function. 3 (3) Lots for residential use shall have a maximum density consistent with City's 4 Comprehensive Plan and zoning regulations. 5 (4) Accessory uses and structures shall be located outside of the riparian buffer, 6 unless the structure is or supports a water -dependent use. Storage structures to 7 support water -related uses are not water -dependent uses, and therefore, shall be 8 located outside of the riparian buffer. 9 (5) All residential development shall be located or designed in such a manner as to 10 prevent measurable degradation of water quality from stormwater runoff. 11 Adequate mitigation measures shall be required and implemented where there is 12 the reasonable potential for such adverse effect on water quality. 13 (6) New shoreline residences and appurtenant structures shall be sufficiently set back 14 from steep slopes and shorelines vulnerable to erosion so structural 15 improvements, including bluff walls and other shoreline stabilization and 16 flood -control structures, are not necessary to protect proposed residences and 17 associated uses. 18 (7) New floating residences and overwater residential structures shall be prohibited in 19 shoreline jurisdiction. 20 (8) New, multi -unit residential development and the subdivision of land into five or 21 more lots, shall make adequate provisions for public access consistent with the 22 regulations set forth in PMC 29.01.260, Public Access. 23 (9) New residential development shall connect with sewer systems, as required by the 24 PMC. 25 (10) All new residential development shall meet the vegetation management 26 provisions contained in PMC 29.01.240, Shoreline Vegetation Conservation, and 27 PMC 29.01.530, Fish and Wildlife Habitat Conservation Areas. 28 (11) Residential development clustering may be required by the 29 Shoreline Administrator where appropriate to minimize ecological and visual 30 impacts on shorelines, including minimization of impacts on shoreline vegetation 31 consistent with PMC 29.01.240, Shoreline Vegetation Conservation. 32 29.01.430 Shoreline Habitat and Natural Systems Enhancement Projects 33 (1) Shoreline restoration and enhancement activities designed to restore or enhance 34 shoreline ecological functions and processes and/or shoreline features should be 35 targeted toward meeting the needs of sensitive and/or regionally important plant, 36 fish, and wildlife species, and shall be given priority. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 99 Page 201 of 459 June 2015 1 (2) Shoreline restoration, enhancement, and mitigation activities designed to create 2 dynamic and sustainable ecosystems to assist the City in achieving no net loss of 3 shoreline ecological functions are preferred. 4 (3) Restoration activities shall be carried out in accordance with an approved 5 Shoreline Restoration Plan and in accordance with the provisions of this SMP. 6 (4) To the extent possible, restoration, enhancement, and mitigation activities shall be 7 integrated and coordinated with other parallel natural resource management 8 efforts, such as those identified in the Shoreline Restoration Plan. 9 (5) Habitat creation, expansion, restoration, and enhancement projects may be 10 permitted subject to required state or federal permits when the applicant has 11 demonstrated that: 12 (a) The primary objective is clearly restoration or enhancement of the natural 13 character or ecological function of the shoreline; 14 (b) The project will not adversely impact spawning, nesting, or breeding in 15 Fish and Wildlife Habitat Conservation Areas; 16 (c) Upstream or downstream properties or Fish and Wildlife Habitat 17 Conservation Areas will not be adversely affected; 18 (d) Water quality will not be degraded; 19 (e) Flood storage capacity will not be degraded; 20 (f) Impacts to critical areas and buffers will be avoided and where 21 unavoidable, minimized and mitigated; and 22 (g) The project will not interfere with the normal public use of the navigable 23 waters of the state. 24 29.01.440 Shoreline Stabilization 25 (1) Shoreline restoration and enhancement activities designed to restore shoreline 26 ecological functions and processes and/or shoreline features should be targeted 27 toward meeting the needs of sensitive and/or regionally important plant, fish, and 28 wildlife species, and shall be given priority. 29 (2) New shoreline stabilization for new development is prohibited unless it can be 30 demonstrated that reasonable use of a lot or parcel legally created prior to the 31 effective date of this SMP is precluded without shore protection or is necessary to 32 restore ecological functions or hazardous substance remediation. 33 (3) Proposed designs for new or expanded shoreline stabilization shall be designed in 34 accordance with applicable state guidelines, must use the most current scientific City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 100 Page 202 of 459 June 2015 1 and technical information available, must document that alternative solutions are 2 not feasible or do not provide sufficient protection, must demonstrate that future 3 stabilization measures would not be required on the project site or adjacent 4 properties, and be certified by a qualified professional. 5 (4) Land subdivisions and lot line adjustments shall be designed to ensure future 6 development of the newly created lots will not require structural stabilization for 7 subsequent development to occur. 8 (5) New or expanded structural shoreline stabilization is prohibited except when 9 necessity is demonstrated consistent with the requirements of 10 WAC 173-26-231(3). Necessity is demonstrated through conclusive evidence 11 documented by a geotechnical analysis that there is a significant possibility that 12 the structure will be damaged within 3 years as a result of shoreline erosion 13 caused by wind/wave action or other hydraulic forces and only when significant 14 adverse impacts are mitigated to ensure no net loss of shoreline ecological 15 functions and/or processes. 16 (6) Replacement of an existing shoreline stabilization structure with a similar 17 structure is permitted if there is a demonstrated need to protect existing primary 18 uses, structures or public facilities, including roads, bridges, railways, irrigation 19 and utility systems from erosion caused by stream undercutting or wave action. 20 The existing shoreline stabilization structure will be removed from the shoreline 21 as part of the replacement activity. Replacement walls or bulkheads shall not 22 encroach waterward of the OHWM or existing structure unless the facility was 23 occupied prior to January 1, 1992, and there are overriding safety or 24 environmental concerns. Proposed designs for new or expanded shore 25 stabilization shall be in accordance with applicable state guidelines and certified 26 by a qualified professional. 27 (7) Where a geotechnical analysis confirms a need to prevent potential damage to a 28 primary structure, but the need is not as immediate as 3 years, the analysis may 29 still be used to justify more immediate authorization for shoreline stabilization 30 using bioengineering approaches. 31 (8) Shoreline stabilization projects that are part of a fish habitat enhancement project 32 meeting the criteria of RCW 77.55.181, will be authorized through a 33 Shoreline Exemption. Stabilization projects that are not part of such a fish 34 enhancement project will be regulated by this SMP. 35 (9) Small-scale shoreline stabilization projects (e.g., tree planting projects or other 36 minimally intrusive enhancements) shall be reviewed by a qualified professional 37 to ensure the project has been designed using the most current scientific and 38 technical information available. 39 (10) Large-scale or more complex shoreline stabilization projects (e.g., projects 40 requiring fill or excavation, placing objects in the water, or hardening the bank) City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 101 Page 203 of 459 June 2015 1 shall be designed by a qualified professional using the most current scientific and 2 technical information available. The applicant may be required to have a qualified 3 professional oversee construction or construct the project. 4 (11) New stabilization structures, when found to be necessary, will implement the 5 following standards: 6 (a) Limit the size of the project to the minimum amount necessary; 7 (b) Include measures to ensure no net loss of shoreline ecological functions; 8 and 9 (c) Use biotechnical bank stabilization techniques unless those are 10 demonstrated to be infeasible or ineffective before implementing "hard" 11 structural stabilization measures. 12 29.01.450 Transportation: Trails, Roads, and Parking 13 (1) New or expanded motor vehicle and rail transportation facilities shall not be 14 located within shoreline jurisdiction, unless: 15 (a) The proponent demonstrates that no feasible upland alternatives exist; 16 (b) The project represents the minimum development necessary to serve 17 another specific, localized, and permitted shoreline use; or 18 (c) In the case of a water crossing, the proponent demonstrates the project is 19 necessary to further a substantial public interest. 20 (2) When new roads or road expansions are unavoidable in shoreline jurisdiction, 21 proposed transportation facilities shall be planned, located, and designed to 22 achieve the following: 23 (a) Meet mitigation sequencing provisions of PMC 29.01.230 Environmental 24 Protection; 25 (b) Avoid adverse impacts on existing or planned water -oriented uses; 26 (c) Set back from the OHWM to allow for a usable shoreline area for 27 vegetation conservation and any preferred shoreline uses unless infeasible; 28 (d) Minimize grading, vegetation clearing, and alterations of the natural 29 topography; and 30 (e) Use BMPs for preventing erosion and degradation of surface water 31 quality. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 102 Page 204 of 459 June 2015 1 (3) Improvements to existing motor vehicle and rail transportation facilities shall not 2 interfere with pedestrian and bicycle access and shall, whenever possible, provide 3 for expansion and enhancement of pedestrian and bicycle transportation facilities. 4 (4) Transportation facilities and services for motor vehicles and rail shall utilize 5 existing transportation corridors whenever possible. 6 (5) The development, improvement, and expansion of pedestrian and bicycle 7 transportation facilities are allowed within all environments. Such transportation 8 facilities are a preferred use wherever they are compatible with the natural 9 character, resources, and ecology of the shoreline. 10 (6) Pedestrian and bicycle transportation facilities shall be designed, located, and 11 constructed consistent with the policies and regulations for public access as 12 provided in PMC 29.01.260, Public Access, of this SMP. Linkage among 13 shoreline parks, recreation areas, and public access points is encouraged, when 14 feasible. 15 (7) Parking facilities are not a water -dependent use and shall only be permitted in the 16 shoreline jurisdiction to support an authorized use where it can be demonstrated to 17 the satisfaction of the Shoreline Administrator that there are no feasible 18 alternative locations away from the shoreline. Parking as a primary use shall not 19 be allowed within 50 feet of edge of riparian vegetation corridor. Accessory 20 parking facilities shall be subject to the same permit type as the primary use. 21 (8) Accessory parking facilities shall be planned to avoid or minimize adverse effects 22 on unique or fragile shoreline features and shall not result in a net loss of 23 shoreline ecological functions or adversely affect existing or planned 24 water -dependent uses. Parking facilities shall be located upland of the principal 25 structure, building, or development they serve, and preferably outside of shoreline 26 jurisdiction, except: 27 (a) Where the proponent demonstrates that an alternate location would reduce 28 adverse impacts on the shoreline and adjacent uses; 29 (b) Where another location is not feasible; and/or 30 (c) Except when ADA standards require otherwise. 31 (d) In such cases, the applicant shall demonstrate use of measures to reduce adverse 32 impacts of parking facilities in shoreline jurisdiction, such as low -impact 33 development techniques, buffering, or other measures approved by the 34 Shoreline Administrator. 35 (9) Parking facilities shall be landscaped in a manner to minimize adverse visual and 36 aesthetic impacts on adjacent shoreline and abutting properties. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 103 Page 205 of 459 June 2015 1 (10) All forms of transportation facilities shall, wherever feasible, consolidate water 2 crossings and make joint use of rights-of-way with existing or planned future 3 primary utility facilities and other transportation facility modalities. 4 (11) Improvements to all existing transportation facilities shall provide for the 5 reestablishment and enhancement of natural vegetation along the shoreline when 6 appropriate. 7 (12) If located in the side yard or waterward side of a structure, loading areas shall be 8 screened from view of pedestrians on either side of the waterway. The visual 9 screen shall comprise a fence or wall with trees and shrubs consistent with the 10 City's landscape standards. 11 (13) Shoreline crossings and culverts shall be designed to minimize adverse impacts 12 on riparian and aquatic habitat and shall allow for fish passage. See 13 PMC 29.01.530, Fish and Wildlife Habitat Areas, for regulations governing 14 crossings of non -shoreline streams located in shoreline jurisdiction. 15 (14) Trails shall be designed consistent with public access requirements in 16 PMC 29.01.260, Public Access. 17 29.01.460 Utilities 18 (1) Non -water -oriented utility production and processing facilities and transmission 19 facilities are permitted in shoreline jurisdiction only if no practical upland 20 alternative or location exists. New primary utility production and processing 21 facilities or parts of those facilities, such as power plants, solid waste storage, or 22 disposal facilities that are non -water -oriented, should not be permitted within 23 shoreline jurisdiction unless no other options are feasible. 24 (2) The principal uses permitted by this section include sewage collection, holding, 25 transfer and treatment pipelines, tanks, structures, containment facilities, and 26 buildings. Water diversion, treatment and conveyance facilities are also 27 considered principle uses. Accessory facilities are also permitted, including, but 28 not limited to: 29 (a) Plant monitoring and control facilities and on-site administrative offices; 30 (b) Plant access and logistical facilities such as storage areas and material 31 handling ramps and facilities, including utility delivery (electrical and 32 communication) facilities; 33 (c) Plant security and safety features such as fences and signage; and 34 (d) Other accessory or auxiliary uses or features, necessary to effective and 35 efficient operation of the plant, which cannot feasibly be located outside 36 the shoreline jurisdiction. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 104 Page 206 of 459 June 2015 1 (3) Expansion of existing primary utility facilities within shoreline jurisdiction must 2 demonstrate: 3 (a) The expansion is designed to protect adjacent shorelands from erosion, 4 pollution, or other environmentally detrimental factors during and after 5 construction. 6 (b) The project is planned to fit existing natural topography as much as 7 practical and avoid alteration of the existing natural environment. 8 (c) Debris, overburden, and other construction waste materials shall be 9 disposed of so as to prevent erosion or pollution of a waterbody. 10 (4) New primary utility facilities and expansions shall include provisions to control 11 the quantity and quality of surface water runoff to natural waterbodies, using 12 BMPs to retain natural flow rates. A maintenance program to ensure continued 13 proper functioning of such new facilities shall be required. 14 (5) Applications for installation of utility facilities other than water -dependent 15 facilities within the High Intensity Environment Designation shall include the 16 following: 17 (a) Reason why the utility facility must be in shoreline jurisdiction; 18 (b) Alternative locations considered and reasons for their elimination; 19 (c) Location of the same, similar, or other utility facilities in the vicinity of 20 the proposed project; 21 (d) Proposed method(s) of construction; 22 (e) Plans for reclamation of areas to be disturbed during construction; 23 (f) Landscape plans; 24 (g) Methods to achieve no net loss of ecological function and minimize 25 clearing of native vegetation; and 26 (h) Consistency with City's plans for utilities, where such plans exist. 27 (6) Applications for installation of utility facilities shall include the following: 28 (a) Proposed method(s) of construction; 29 (b) Plans for reclamation of areas to be disturbed during construction; 30 (c) Landscape plans; and City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 105 Page 207 of 459 June 2015 1 (d) Methods to achieve no net loss of ecological function and minimize 2 clearing of native vegetation. 3 (7) Where feasible, utilities shall be consolidated within a single easement and utilize 4 existing rights-of-way. Any utility located within property owned by the utility, 5 which must of necessity cross shoreline jurisdiction, shall be designed and 6 operated to reserve the option of general public recreational usage of the 7 right-of-way in the future. This option shall be exercised by the public only 8 where: 9 (a) The public will not be exposed to dangers from the utility equipment; and 10 (b) The utility itself will not be subjected to unusual risks of damage by the 11 public. 12 (8) In areas where utilities must cross shoreline jurisdiction, they shall do so by the 13 most direct route feasible, unless such a route would negatively affect an 14 environmentally critical area, obstruct public access to the shoreline, or interfere 15 with the navigability of a waterbody regulated by this SMP. See PMC 29.01.530, 16 Fish and Wildlife Habitat Areas, for regulations governing crossings of non - 17 shoreline streams located in shoreline jurisdiction. 18 (9) Utility facilities shall be designed and located in a manner that protects scenic 19 views and minimizes adverse aesthetic impacts. 20 (10) New utilities, which must be constructed across shoreline jurisdiction in 21 previously undisturbed areas, must submit a mitigation plan demonstrating the 22 restoration of the shoreline to at least its existing condition. Upon completion of 23 utility installation or maintenance, any disturbed areas shall be regraded to be 24 compatible with the natural terrain of the area and revegetated with appropriate 25 native plants to prevent erosion. 26 (11) Outside of the High Intensity Environment Designations, all underwater pipelines 27 or those paralleling the waterway transporting liquids potentially injurious to 28 aquatic life or water quality shall be prohibited, unless no other alternative exists 29 to serve a public interest. In those limited instances where permitted, shut-off 30 valves shall be provided at both sides of the waterbody except for public sanitary 31 sewers of a gravity or siphon nature. In all cases, no net loss of ecological 32 functions shall be maintained. 33 (12) Where utilities cannot cross a shoreline waterbody via a bridge or other existing 34 water crossing, the utilities shall evaluate site-specific habitat conditions and 35 demonstrate whether impacts can mitigated to negatively impact substrate, or 36 whether utilities will need to be bored beneath the waterbody such that the 37 substrate is not disturbed. Construction of pipelines placed under aquatic areas 38 shall be placed in a sleeve to avoid the need for excavation in the event of a 39 failure in the future. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 106 Page 208 of 459 1 2 3 4 5 6 9 10 11 12 June 2015 (13) Minor trenching to allow the installation of necessary underground pipes or cables is allowed if no alternative, including boring, is feasible, and if: (a) Impacts on fish and wildlife habitat are avoided to the maximum extent possible. (b) The utility installation shall not increase or decrease the natural rate, extent, or opportunity of channel migration. (c) Appropriate BMPs are employed to prevent water quality impacts or other environmental degradation. (14) Utility installation and maintenance operations shall be conducted in a manner that does not negatively affect surface water quality or quantity. Applications for new utility projects in shoreline jurisdiction shall include a list of BMPs to protect water quality. City of Pasco Shoreline Master Program Anchor QEA/Oneza & Associates Draft 107 Page 209 of 459 Article V. Critical Areas 2 29.01.500 Critical Areas June 2015 3 (1) Purpose: 4 (a) The purpose of SMP Article V, Critical Areas, is to conserve and protect 5 the values and functions of environmentally sensitive and hazardous areas, 6 which contribute to public health, safety, and welfare of the community 7 without violating any citizen's constitutional rights to the use of property 8 as required by the GMA of 1990 (Chapter 17, Laws of 1990) and the SMA 9 (RCW 90.58) through the application of the most current scientific and 10 technical information available. 11 (b) The City shall regulate in shoreline jurisdiction all uses, activities, and 12 development within, adjacent to, or likely to affect one or more critical 13 areas. 14 (2) Critical Areas. Critical areas of concern to the City of Pasco within the shoreline 15 jurisdiction include: 16 (a) Wetlands; 17 (b) Fish and wildlife habitats; 18 (c) Aquifer recharge areas; 19 (d) Flood hazard areas; and 20 (e) Geologically hazardous areas such as those subject to landslide and steep 21 slope failures, erosion, seismic events, mine collapse, and volcanic 22 hazards. 23 (3) Critical Area Categories. The City finds that these critical areas fall into one or 24 both of the following categories: 25 (a) Critical areas provide a variety of valuable and beneficial biological and 26 physical functions that benefit the City and its residents; and 27 (b) Critical areas pose potential threat to human safety or to public and private 28 property. 29 (4) Intent. The intent of this section is to implement the provisions of the GMA, 30 SMA, and the Comprehensive Plan by managing development in harmony with 31 critical areas. This section seeks to: City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 108 Page 210 of 459 June 2015 1 (a) Protect members of the public and public resources and facilities from 2 injury, loss of life, or property damage due to landslides and steep slope 3 failures, erosion, seismic events, volcanic eruptions, or flooding; 4 (b) Protect unique, fragile and valuable elements of the environment, 5 including fish and wildlife and their habitats; 6 (c) Mitigate unavoidable impacts to environmentally sensitive areas by 7 regulating alterations in and adjacent to critical areas; 8 (d) Prevent cumulative adverse environmental impacts to water quality and 9 wetlands; 10 (e) Meet the requirements of the Washington GMA (RCW 36.70A), and SMA 11 (RCW 90.58) with regard to the protection of critical area lands; 12 (f) Coordinate environmental review and permitting of proposals to avoid 13 duplication and delay of desirable actions. 14 (5) Most Current Scientific and Technical Information: 15 (a) WAC 173.26.201(2)(a) requires the City to identify and assemble the most 16 current, accurate, and complete scientific and technical information 17 available regarding the development of policies related to identification of 18 and policies governing management recommendations for critical areas. 19 (b) Critical Area Reports, mitigation plans, and decisions to permit the 20 alteration of critical areas within the shoreline jurisdiction shall rely on the 21 most current scientific and technical information to ensure the protection 22 of the ecological functions and values of critical areas, and must give 23 special consideration to conservation or protection measures necessary to 24 preserve or enhance anadromous fish and their habitat. 25 (c) The most current scientific and technical information that is consistent 26 with criteria established in WAC 173.26.201(2)(a), and may include the 27 following: 28 (i) Critical area maps; 29 (ii) Maps and reference documents in the City of Pasco's Inventory, 30 Characterization, and Analysis Report, as applicable; 31 (iii) U.S. Geological Survey (USGS) topographic quadrangle maps; 32 (iv) Aerial photographs; 33 (v) Soil Survey of Franklin County, Washington, by the 34 U.S. Department of Agriculture, Soil Conservation Service; City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 109 Page 211 of 459 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 June 2015 (vi) National Wetland Inventory maps; and (vii) WDFW Priority Habitats and Species maps. 29.01.510 General Provisions (1) Authorizations Required. Prior to fulfilling the requirements of this section, 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) Special Use Permit; (c) Shoreline Special Use Permit; (d) Shoreline Substantial Development Permit; (e) Shoreline Variance Permit; (f) Binding Site Plan; (g) Short Subdivision; (h) Subdivision; (i) Zoning Variance Permit; 0) Rezone; or (k) Any other adopted permit or required approval not expressly exempted by this section (2) Jurisdiction: (a) This section shall apply to all lands, all land uses and development and all structures and facilities in City's shoreline jurisdiction. This section shall apply to every person, individual, firm, partnership, corporation, governmental agency or other entity that owns, leases, or administers land within the City's shoreline jurisdiction. (b) This section provides regulations for land use and development in and adjacent to critical areas within the City's shoreline jurisdiction. City of Pasco Shoreline Master Program Anchor QEA/Oneza & Associates Draft 110 Page 212 of 459 June 2015 1 (3) Allowed uses: 2 (a) All allowed activities shall use reasonable methods supported by the most 3 current scientific and technical information or accepted BMPs with the 4 least amount of potential impact to the critical areas. Any incidental 5 damage to or alteration of a critical area that is not a necessary outcome of 6 the exempted activity shall be restored, rehabilitated, or replaced at the 7 responsible party's expense. This includes, but is not limited to, access 8 ways or paths, vegetation removal or damage beyond a reasonable work 9 zone, and grading and clearing not essential to the ongoing operation of 10 the site's use. Uses allowed under this section do not give permission to 11 destroy a critical area or ignore risk from natural hazards. See PMC 12 29.01.770, Exemptions from Shoreline Substantial Development Permits, 13 for provisions for exempted activities within shoreline jurisdiction. 14 Allowed uses include: 15 (i) Modification of any existing structure that does not alter the 16 structure to further intrude into a critical area or established buffer 17 and does not increase risk to life and property. Modification 18 includes construction of tenant improvements, fences, decks, 19 patios, driveways, signs, and accessory structures. 20 (ii) Operation and maintenance of any system of existing dikes, levees, 21 ditches, drains, or other facilities which were created, developed or 22 utilized primarily as a part of a drainage or diking system. 23 Operation and maintenance does not necessarily include the 24 expansion or new construction of drainage ditches and related 25 facilities. See PMC 29.01.770, Exemptions from Shoreline 26 Substantial Development Permits, for additional provisions that 27 may be applicable. 28 (iii) Removal of hazardous trees and vegetation and, when necessary, 29 measures to control or prevent a fire or halt the spread of disease or 30 damaging insects consistent with the State Forest Practices Act; 31 RCW 76.09, provided that no vegetation shall be removed from a 32 critical area or its buffer without approval from the City. 33 (iv) Activities involving artificially created wetlands or streams 34 intentionally created from non -wetland sites, including, but not 35 limited to,: grass -lined swales, irrigation and drainage ditches, 36 detention facilities, and landscape features, except those features 37 that provide critical habitat for anadromous fish and those features 38 that were created as mitigation for projects or alterations subject to 39 the provisions of this section. 40 (v) Passive recreational activities, including, but not limited to, 41 fishing, bird watching, boating, swimming, hiking, and use of City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 111 Page 213 of 459 June 2015 1 nature trails, provided the activity does not alter the critical area or 2 its buffer. 3 (vi) The harvesting of wild crops in a manner that is not injurious to 4 natural reproduction of such crops and provided the harvesting 5 does not require tilling soil, planting crops, or changing existing 6 topography, water conditions or water sources. 7 (vii) Educational and scientific research. 8 (viii) Existing and ongoing agricultural activities and related 9 development activities, provided no alteration of flood storage 10 capacity or conveyance, or increase in the extent or nature of 11 impact to a critical area or its buffer occurs, beyond that which has 12 occurred prior to the effective date of this section. 13 (b) If the proposed activity meets any of the listed allowed uses, including any 14 BMP and/or restoration requirements, completion of a critical area 15 checklist or further Critical Area Review is not required. 16 (4) Critical Area Review: 17 (a) The City of Pasco shall complete a Critical Area Review prior to granting 18 any shoreline permit approval for a development or other alteration on a 19 site that is found to likely include, or be adjacent to, or have significant 20 impact upon one or more critical areas, unless otherwise provided in this 21 section. As part of this review, the Shoreline Administrator shall verify the 22 information submitted by the applicant, and: 23 (i) Confirm the extent, nature, and type of any critical areas identified 24 and evaluate any required Critical Area Detailed Study; 25 (ii) Determine whether the development proposal conforms to the 26 purposes and performance standards of this section; 27 (iii) Assess impacts on the critical area from the activities and uses 28 proposed and determine whether any proposed alterations to, or 29 impacts upon, critical areas are necessary and unavoidable in order 30 to meet the objectives of the proposal; and 31 (iv) Determine if any required mitigation plans proposed by the 32 applicant are sufficient to protect the critical area and public 33 health, safety, and welfare concerns consistent with the goals, 34 purposes, objectives, and requirements of this section. 35 (b) The applicant shall be responsible for the initiation, preparation, 36 submission, and expense of all required assessments, studies, plans, 37 reconnaissance, and other work in support of the application. The City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 112 Page 214 of 459 June 2015 1 applicant shall provide the City with digital copies and paper copies of 2 reports/studies and maps prepared for the reports/studies, including all 3 geotechnical studies and mapping. 4 (5) Minimum Standards. Any proposed activity shall be conditioned as necessary to 5 mitigate impacts to critical areas to ensure no net loss of ecological function and 6 conform to the performance standards required by this section and 7 PMC 29.01.230, Environmental Protection. 8 (6) Concurrent Requirements. Lands characterized by one or more critical area 9 feature may also be subject to other regulations established by this section due to 10 overlap or multiple functions of some critical areas. In the event of conflict 11 between regulations, the most restrictive regulations shall apply. 12 (7) Critical Area Checklist: 13 (a) For any proposed activity not found to be exempt under PMC 29.01.5 10 14 (3), or PMC 29.01.770, Exemptions from Shoreline Substantial 15 Development Permits, the applicant shall complete a critical area checklist 16 on forms provided by the City. The checklist must be submitted to the 17 Shoreline Administrator prior to consideration of any permit request that 18 requires a Critical Area Review, as described in PMC 29.01.510, General 19 Provisions. 20 (b) Following receipt of the checklist, the Shoreline Administrator will 21 conduct a review to determine whether there are any critical area 22 indicators present that may be impacted by the proposal. 23 (8) Initial Determination: 24 (a) If the Shoreline Administrator determines the site potentially includes, or 25 is adjacent to critical areas, or the proposed project could have significant 26 adverse impacts on critical areas, the Shoreline Administrator shall notify 27 the applicant that a Critical Area Detailed Study is required for each of the 28 indicated critical area types. 29 (b) If the review of the checklist and critical area resources do not indicate 30 that critical areas are included or adjacent to the activity, or could suffer 31 probable significant adverse impacts from the activity, then the 32 Shoreline Administrator shall rule that the Critical Area Review is 33 complete. The determination shall be noted on the checklist. 34 (c) The applicant shall acknowledge in writing that a determination regarding 35 the apparent absence of one or more critical areas by the Shoreline 36 Administrator is not intended to be an expert certification regarding the 37 presence of critical areas and the determination is subject to possible 38 reconsideration and reopening if new information is received. If the 39 applicant wants greater assurance of the accuracy of the Critical Area City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 113 Page 215 of 459 June 2015 1 Review determination, the applicant may hire a qualified consultant to 2 provide such assurances. 3 (9) Waivers from Critical Area Detailed Study Requirements: 4 (a) The Shoreline Administrator may waive the requirement for a 5 Critical Area Detailed Study if there is substantial evidence that: 6 (i) There will be no alteration of the critical areas or required buffer; 7 (ii) The development proposal will not impact the critical area in a 8 manner contrary to the purpose, intent and requirements of this 9 section; and 10 (iii) The performance standards required by this section will be met. 11 (b) In making the determination, the Shoreline Administrator may use any of 12 the most current scientific information and the Critical Area reference 13 maps and/or inventories identified in PMC 29.01.500 (6). 14 (c) Notice of the findings substantiating the waiver will be attached to the 15 permit and filed with the application records. 16 (10) Critical Area Detailed Studies: 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 (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 PMC 29.01.520 through PMC 29.01.560, and clearly document: (i) The boundary and extent of the critical area; (ii) The existing function, value, and/or hazard associated with the critical area; (iii) The probable impact upon the function, value, and/or hazard associated with the critical area from the project as proposed; and (iv) A mitigation plan including the items in PMC 29.01.510 (13). City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 114 Page 216 of 459 June 2015 1 (c) Limitations to Study Area. If the applicant, together with assistance from 2 the City, cannot obtain permission for access to properties adjacent to the 3 project area, then the Critical Area Detailed Study may be limited 4 accordingly. 5 (d) Preparation and Determination of Completeness. The Critical Area 6 Detailed Study shall be prepared by a qualified consultant for the type of 7 critical area or areas involved. The qualified consultant may consult with 8 the Shoreline Administrator prior to or during preparation of the Critical 9 Area Detailed Study to obtain City approval of modifications to the 10 contents of the study where, in the judgment of the qualified consultant, 11 more or less information is required to adequately address the critical area 12 impacts and required mitigation. 13 If the Critical Area Detailed Study is found to be incomplete, the applicant shall 14 be notified and the Critical Area Review process shall be suspended pending 15 correction of the inadequacies. Upon receipt of a complete Critical Area Detailed 16 Study a final determination is to be rendered. 17 (11) Final Determination. Following submission of a completed Detailed Study, the 18 Shoreline Administrator will review the Detailed Study and make a 19 determination, based on the Critical Area Detailed Study and any other available 20 and appropriate materials. The Shoreline Administrator's determination will 21 address the adequacy of the project, as proposed, to mitigate any effects it may 22 have on critical areas that are included within or adjacent to the project site. The 23 Shoreline Administrator may elect to request assistance from state resource 24 agency staff if necessary. In addition, the Shoreline Administrator will assess the 25 adequacy of the project proposal's compliance with the applicable performance 26 standards and this SMP. Notice of this determination shall be attached to the 27 permit and the Critical Area Review shall be completed. 28 (a) A Favorable Determination. A determination that the project proposal 29 adequately mitigates its impacts on the critical areas and complies with the 30 applicable performance standards satisfies the provisions of this Title only. 31 It should not be construed as endorsement or approval of the original or 32 any subsequent permit applications. 33 (b) An Unfavorable Determination. When a project proposal is found to not 34 adequately mitigate its impacts on the critical areas and/or not comply 35 with applicable performance standards, the Shoreline Administrator shall 36 prepare written notice of the reasons for the finding of non-compliance. 37 Such notice shall identify the critical area impacted and the nature of the 38 impact. 39 Following notice of a determination from the Critical Area Review that the 40 proposed activity does not adequately mitigate its impacts on the critical areas 41 and/or does not comply with applicable performance standards, the applicant may City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 115 Page 217 of 459 June 2015 1 request consideration of a revised mitigation plan. If the revision is found to be 2 substantial and relevant to the Critical Area Review, the Shoreline Administrator 3 may re -open the Critical Area Review and make a new determination based on 4 this revised mitigation plan. 5 (12) Completion of the Critical Area Review. If at any time prior to completion of the 6 public input process on associated permits or approvals, the City receives new 7 evidence that a critical area may be included in, adjacent to, or significantly 8 impacted by the proposed activity, then the City shall re -open the 9 Critical Area Review process and shall require whatever level of 10 Critical Area Review and mitigation as indicated by the evidence. Once the public 11 input process on all associated permits or approvals is completed and the record is 12 closed, then the City's determination regarding critical areas shall be final, unless 13 appeal is filed as per PMC 29.01.810, Appeals. 14 (13) Mitigation Standards: 15 (a) All proposed critical area alterations shall include mitigation sufficient to 16 maintain the function and values of the critical area or to prevent risk from 17 a hazard posed by a critical area. Mitigation of one critical area impact 18 should not result in unmitigated impacts to another critical area. 19 Mitigation includes avoiding, minimizing, or compensating for adverse 20 impacts to critical areas or their buffers. The preferred sequence of 21 mitigation is defined in PMC 29.01.230, Environmental Protection. 22 (b) Possible mitigation techniques include, but are not limited to, buffers, 23 setbacks, limits on clearing and grading, creation of artificial wetlands, 24 streambank stabilization, modified construction methods, and BMPs for 25 erosion control and maintenance of water quality. 26 (c) All proposed mitigation shall be documented in a mitigation plan included 27 as an element of the Critical Area Detailed Study. The mitigation plan 28 shall include a description of the following: 29 (i) The proposed mitigation; 30 (ii) How the proposed mitigation will maintain the critical area 31 function, any ongoing monitoring and/or inspection that may be 32 required to ensure the adequacy of the proposed mitigation, and an 33 evaluation of the anticipated effectiveness of the proposed 34 mitigation; 35 (iii) Any remedial measures that may be required, depending on the 36 outcome of that ongoing monitoring and/or inspection; 37 (iv) Any required critical expertise necessary to install, monitor, or 38 inspect the proposed mitigation; and City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 116 Page 218 of 459 (v) 2 3 (14) Buffers: June 2015 Any bonding or other security required to insure performance and/or maintenance of the proposed mitigation. 4 (a) Buffers have, in some cases, been determined to be necessary to protect 5 critical areas and their functions. Where specific buffers are identified, 6 those buffers are deemed "required" or "standard" buffers. See Table 7 29.01.210 (2) for riparian buffers and PMC 29.01.520 for wetland buffers. 8 (i) Except as otherwise specified herein, required buffers shall be 9 retained in their pre-existing condition. If a project does not 10 propose any alteration of buffers or of the associated critical area, 11 then subject to the following provision, no additional mitigation 12 will be required to protect the critical area. Additional mitigation 13 beyond the required buffer shall be required if the 14 Shoreline Administrator finds that, based on unique features of the 15 critical area or its buffer or of the proposed activity, the required 16 buffers will not adequately protect the function of the critical area 17 or prevent risk of hazard from the critical area and that additional 18 mitigation or buffering is required to protect the critical area 19 function or to prevent risk of hazard from the critical area. 20 (ii) The buffer shall be marked prior to any site alteration, and 21 boundary markers shall be visible, durable, and permanently 22 affixed to the ground. The boundary markers shall remain until all 23 activity is completed and a final site inspection is completed. 24 (iii) An 8 -foot -minimum setback shall be required from the buffer area 25 for any construction of impervious surface area greater 26 120 square feet. Clearing, grading, and filling within this setback 27 shall only be allowed when the applicant can demonstrate that 28 vegetation within the buffer will not be damaged. 29 (iv) Where temporary buffer disturbance or alteration has or will occur 30 in conjunction with regulated activities, revegetation with 31 appropriate native vegetation shall be required and completed 1 32 month before the end of the growing season. 33 (v) Normal non-destructive pruning and trimming of vegetation for 34 maintenance purposes, or thinning of limbs of individual trees to 35 provide a view corridor, shall not be subject to these buffer 36 requirements. Enhancement of a view corridor shall not be 37 construed to mean excessive removal of trees or vegetation that 38 impairs views. See also PMC 29.01.240, Shoreline Vegetation 39 Conservation. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 117 Page 219 of 459 June 2015 1 (b) If the applicant proposes to reduce required buffers or to alter the required 2 buffer, then the applicant shall demonstrate why such buffer modification, 3 together with any alternative mitigation proposed in the Critical Area 4 Detailed Study, is sufficient to protect the critical area function or to 5 prevent risk of hazard from the critical area. 6 (c) The Critical Area Detailed Study shall make adequate provision for 7 long-term buffer protection. Periodic inspection of the buffers may be 8 required if deemed to ensure long-term buffer protection. 9 (15) Bonding. The Shoreline Administrator shall have the discretion to require a bond, 10 which will ensure compliance with the mitigation plan if activity related to the 11 protection of the critical area(s) (e.g., monitoring or maintenance) or construction 12 is scheduled to take place after the issuance of the City's permit. The bond shall 13 be in the form of a surety bond, performance bond, assignment of savings 14 account, or an irrevocable standby letter of credit guaranteed by a financial 15 institution with terms and conditions acceptable to the City Attorney. The bond 16 shall be in the amount of 125% of the estimated cost of the uncompleted actions 17 or construction or the estimated cost of restoring the function and values of the 18 critical area that are at risk, whichever is higher. The term of the bond shall be 19 2 years, or until the additional activity or construction has been completed and 20 passed the necessary inspections, whichever is longer. 21 (16) Incentives. The following incentives are intended to minimize the burden to 22 individual property owners from application of the provisions of this section: 23 (a) Open Space. Any property owner on whose property a critical area or its 24 associated buffer is located and who proposes to put the critical area and 25 buffer in a separate tract may apply for current use property tax 26 assessment on that separate tract through Franklin County, pursuant to 27 RCW 84.34. 28 (b) Conservation Easement. Any person whose property contains an identified 29 critical area or its associated buffer may place a conservation easement 30 over that portion of the property by naming a beneficiary under 31 RCW 64.04.130 as beneficiary of the conservation easement. This 32 conservation easement may be in lieu of a separate critical areas tract that 33 qualifies for open -space tax assessment described in PMC 29.01.510 (16). 34 The purpose of the easement shall be to preserve, protect, maintain, 35 restore, and limit future use of the property affected. The terms of the 36 conservation easement may include prohibitions or restrictions on access. 37 (17) Critical Areas Mapping. The approximate location and extent of critical areas in 38 the City of Pasco may include the following: 39 (a) Critical areas shown on the critical areas map adopted as a part of the 40 Comprehensive Plan. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 118 Page 220 of 459 June 2015 1 (b) Other mapping resources provided in PMC 29.01.500 (6). 2 Mapping resources are to be used only as guides to alert the user to the possible 3 distribution, location, and extent of critical areas. Mapping shall be utilized as a 4 source of generalized information and shall not be considered as regulatory 5 standards or substitute for site-specific assessments. The actual type, extent, and 6 boundaries of critical areas shall be determined in the field by a qualified 7 specialist according to the procedures, definitions, and criteria established in this 8 section. 9 29.01.520 Wetlands 10 (1) Purpose. The purpose of this section is to promote public health and welfare by 11 instituting local measures to preserve naturally occurring wetlands that exist in the 12 City's shoreline jurisdiction for their associated value. These areas may serve a 13 variety of vital functions, including, but not limited to, flood storage and 14 conveyance, water quality protection, recharge and discharge areas for 15 groundwater, erosion control, sediment control, fish and wildlife habitat, 16 recreation, education, and scientific research. 17 (2) Wetland Designation. Under SMP Article V, Critical Areas, wetlands shall be 18 designated in accordance with the definitions, methods, and standards set forth in 19 the approved 1987 USACE Wetlands Delineation Manual, as amended and its 20 regional applicable regional supplements, as amended (The Arid West Final 21 Regional Supplement was last updated in 2008 at time of SMP adoption). All 22 areas within the City of Pasco meeting the criteria identified in this delineation 23 manual, regardless of whether or not these areas have been formally identified as 24 wetlands, are hereby designated as wetland critical areas and are subject to the 25 provisions of SMP Article V, Critical Areas. 26 (3) Wetland Rating (Classification): 27 (a) The wetlands rating system is intended to differentiate between wetlands 28 based on their sensitivity to disturbance, rarity, irreplaceability, and the 29 functions and values they provide. A general description of wetland 30 categories and the rationale for each category is provided in 31 PMC 29.01.080, Definitions (see "Wetland Categories"). 32 (b) Wetlands shall be rated (classified) as either Category I, Category II, 33 Category III, or Category IV according to the criteria listed in this section. 34 This rating system is based on the Washington Department of Ecology's 35 Washington State Wetlands Rating System for Eastern Washington - 36 Ecology Publication #14-06-030 (October 2014), as amended. The most 37 current copy of this document should be used in classifying wetlands and 38 developing wetland mitigation plans. 39 (4) Wetland Indicators. The following indicators of wetland presence shall be used by 40 the Shoreline Administrator to determine if a Wetland Detailed Study is needed: City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 119 Page 221 of 459 June 2015 1 (a) Listing in the City's Critical Areas Mapping resources as a wetland or 2 resources listed in PMC 29.01.500 (6); 3 (b) Documentation, through references state or federal handbooks and or 4 reports by qualified experts; 5 (c) A finding by a qualified wetland biologist that an appropriate hydrologic, 6 soil, and/or vegetation regime indicative of a wetland exists; or 7 (d) A reasonable belief by the Shoreline Administrator that a wetland may 8 exist, supported by a site visit and subsequent consultation with a qualified 9 wetland biologist. 10 (5) Wetland Detailed Study. Requirements. If a Wetland Detailed Study is required, it 11 shall meet the following requirements in addition to the Basic Requirements 12 identified in PMC 29.01.5 10 (10): 13 (a) The Wetland Detailed Study shall be completed by a qualified wetlands 14 biologist. 15 (b) The extent and boundaries of any wetlands shall be determined in 16 accordance with the methodology specified under PMC 29.01.520 (2). The 17 boundary shall be surveyed and mapped at a scale no smaller than 1 inch 18 equals 200 feet. 19 (c) A wetland community description and wetland classification shall be 20 completed, consistent with the requirements of PMC 29.01.520 (2). 21 (d) A written values and functions assessment shall be completed and address 22 site hydrology (source of water in the system, water quality, flood and 23 stream flow attenuation, seasonality of presence of water, if applicable), 24 soils, vegetation, fish and wildlife habitat, recreation, and aesthetics. 25 (e) The site plan for the proposed activity shall be mapped at the same scale 26 as the wetland map, showing the extent of the proposed activity in 27 relationship to the surveyed wetland, including a detailed narrative 28 describing the project, its relationship to the wetland, and its potential 29 impact on the wetland. 30 (f) The proposed mitigation plan shall follow the general mitigation plan 31 requirements described in PMC 29.01.510 (13), and address how the 32 activity has been mitigated to avoid and minimize adverse impacts to 33 wetlands. The Wetland Mitigation in Washington State — Part 2: 34 Developing Mitigation Plans, Department of Ecology 35 Publication # 06-06-01 lb, March 2006 (or any succeeding documents) 36 should be used as a basis for mitigation. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 120 Page 222 of 459 June 2015 1 (6) Wetland Detailed Study Exemptions. In addition to activities exempted in 2 PMC 29.01.510 (3) and PMC 29.01.770, the following activities shall not require 3 a Wetland Detailed Study, provided they are conducted using accepted BMPs as 4 determined by the Shoreline Administrator: 5 (a) Conservation or preservation of soil, water, vegetation, fish, or other 6 wildlife. 7 (7) Basic Wetland Requirement. A regulated wetland or its required buffer can only 8 be altered if the Wetland Detailed Study shows that: 9 (a) The proposed alteration does not degrade the quantitative and qualitative 10 functions of the wetland and results in not net loss of ecological function, 11 or 12 (b) Any degradation can be adequately mitigated to protect the wetland 13 function. Any proposed alteration approved pursuant to this section shall 14 include mitigation necessary to mitigate the impacts of the proposed 15 alteration on the wetland as described in this section and 16 PMC 29.01.510 (13). 17 (8) Required Buffers: 18 19 20 21 22 23 24 25 (a) Buffer Requirements. The following buffers shall be required for wetlands based on the rating of the wetland as outlined in PMC 29.01.520 (3) and land -use intensity described in Table 29.01.520 (8)(b). (i) 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. Table 29.01.520 (8)(a): Wetland Buffer Width Requirements City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 121 Page 223 of 459 Buffer Width by Impact of Other Measures Wetland Characteristics Proposed Land Use Recommended for Protection Category IV Wetlands (For wetlands scoring less than 16 points for all functions) Low — 25 5 feet et fe Score for all three basic functions is less No recommendations at this Moderate feet than 16 points High — 50 feet time Category III Wetlands (For wetlands scoring 16 to 18 points or more for all functions) Moderate level of function for habitat Low — 75 feet (score for habitat 5 to 7 points) No recommendations at this Moderate —110 feet *If wetland scores 8 to 9 habitat points, time High —150 feet use Category II buffers City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 121 Page 223 of 459 June 2015 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 122 Page 224 of 459 Buffer Width by Impact of Other Measures Wetland Characteristics Proposed Land Use Recommended for Protection Low — 40 feet No recommendations at this Score habitat for 3 to 4 points Moderate — 60 feet time High — 80 feet Category II Wetlands (For wetlands scoring 19 to 21 points or more for all functions or having the "Special Characteristics" identified in the rating system) Low —100 feet High level of function for habitat (score Maintain connections to other Moderate —150 feethabitat for habitat 8 to 9 points) High — 200 feet areas et Low — 75 feet Moderate level of function for habitat No recommendations at this Moderate — feet (score for habitat 5 to 7 points) time High —150 feet High level of function for water quality Low — 50 feet improvement and low for habitat (score No additional surface Moderate — 75 feet for water quality 8 to 9 points; habitat discharges of untreated runoff High —100 feet less than 5 points) Riparian forest wetlands need to be protected at a watershed Buffer width to be based on or subbasin scale Riparian forest score for habitat functions or Other protection based on water quality functions needs to protect habitat and water quality functions Low — 50 feet No recommendations at this Not meeting above characteristic Moderate — 75 feet time High —100 feet Low —100 feet Moderate —150 feet High — 200 feet Or develop a regional plan to protect the most important No intensive grazing or tilling Vernal pool vernal pool complexes; buffers of wetland of vernal pools outside protection zones can then be reduced to: Low — 40 feet Moderate — 60 feet High — 80 feet Category I Wetlands (For wetlands scoring 22 points or more for all functions or having the "Special Characteristics" identified in the rating system) City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 122 Page 224 of 459 June 2015 1 Note: 2 See Table 29.01.520 (8)(b) in this section, or as amended by Ecology, for types of land uses that can result in low, 3 moderate, and high impacts to wetlands. 4 5 (b) The Land Use Intensity table describes the types of proposed land use that 6 can result in high, moderate, and low levels of impacts to adjacent 7 wetlands. Table 29.01.520 (8)(b): Land Use Intensity Table Level of Buffer Width by Impact of Other Measures Wetland Characteristics Proposed Land Use Recommended for Protection Change in No additional surface Types of Land Use Based on Common Zoning Designations discharges to wetland or its Low —125 feet tributaries Wetlands of High Conservation Value Moderate —190 feet No septic systems within 300 High — 250 feet feet of wetland • Retail sales Restore degraded parts of buffer Restore degraded parts of Low —100 feet High level of function for habitat (score buffer Moderate —150 feet for habitat 8 to 9 points) Maintain connections to other High — 200 feet habitat areas Low — 75 feet Moderate level of function for habitat No recommendations at this Moderate —110 feet (score for habitat 5 to 7 points) High —150 feet time High level of function for water quality Low — 50 feet No additional surface improvement (8 to 9 points) and low for Moderate — 75 feet discharges of untreated runoff habitat (less than 5 points) High —100 feet Low — 50 feet No recommendations at this Not meeting above characteristics Moderate — 75 feet time High —100 feet 1 Note: 2 See Table 29.01.520 (8)(b) in this section, or as amended by Ecology, for types of land uses that can result in low, 3 moderate, and high impacts to wetlands. 4 5 (b) The Land Use Intensity table describes the types of proposed land use that 6 can result in high, moderate, and low levels of impacts to adjacent 7 wetlands. Table 29.01.520 (8)(b): Land Use Intensity Table Level of Impact from Proposed Change in Land Use Types of Land Use Based on Common Zoning Designations • Commercial • Urban • Industrial High . Institutional • Retail sales • Residential (more than one unit/acre) City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 123 Page 225 of 459 June 2015 Level of Impact from Proposed Change in Land Use Types of Land Use Based on Common Zoning Designations • Conversion to high-intensity agriculture (dairies, nurseries, greenhouses, growing and harvesting crops requiring annual tilling and raising and maintaining animals, etc.) • High-intensity recreation (e.g., golf courses and ball fields) • Hobby farms • Residential (1 unit/acre or less) • Moderate -intensity open space (e.g., parks with biking and jogging) • Paved driveways and gravel driveways serving three or more residences Moderate , Paved trails • Utility corridor or right-of-way shared by several utilities and including access/maintenance road • Forestry (cutting of trees only) • Low -intensity open space (e.g., hiking, bird -watching, and preservation of natural resources) Low . Unpaved trails • Utility corridor without a maintenance road and little or no vegetation management 1 2 (c) Measuring Buffer Dimensions. Wetland buffers shall be measured 3 horizontally in a landward direction from the delineated wetland edge. 4 (d) Wetlands Adjacent to Slopes. Where lands adjacent to a wetland display a 5 continuous slope of 25% or greater, the buffer shall include such sloping 6 areas. Where the horizontal distance of the sloping area is greater than the 7 required standard buffer, the buffer shall be extended to a point 25 feet 8 beyond the top of the bank of the sloping area. 9 (9) Buffer Width Modifications: 10 (a) Administrative Buffer Width Averaging. The required buffer widths 11 established in this SMP may be modified by the Shoreline Administrator 12 for a development on existing legal lots of record in place at the time of 13 adoption of this SMP. 14 (i) Buffer widths may be modified in accordance with the provisions 15 of this section only where the applicant demonstrates all of the 16 following: City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 124 Page 226 of 459 June 2015 1 (A) Averaging is necessary to avoid an extraordinary hardship 2 to the applicant caused by circumstances peculiar to the 3 property; 4 (B) The designated buffer area contains variations in sensitivity 5 to ecological impacts due to existing physical 6 characteristics or the character of the buffer varies in slope, 7 soils, or vegetation; 8 (C) The total area contained within the buffer after averaging is 9 no less than that contained within the standard buffer prior 10 to averaging; 11 (D) The minimum buffer width at its narrowest point shall not 12 be less than 65% of the required buffer width established 13 under this SMP; and 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 (E) The buffer width averaging does not result in a net loss of ecological function. (b) Wetland Buffer Reductions. (i) For wetlands that score moderate or high for habitat function, the width of the buffer can be reduced if the following criteria are met: (A) A relatively undisturbed vegetative corridor of at least 100 feet in width is protected between the wetland and any other priority habitats; and (B) The protected area is preserved by means of easement, covenant or other measure; and (C) Measures identified in PMC 29.01.520 (9)(b)(ii)(A) are taken to minimize the impact of any proposed land use. (ii) For wetlands that score low for habitat function, the buffer width can be reduced to that required for moderate land -use impacts by applying the following measures to minimize the impacts of the proposed land uses: (A) Wetland buffers may be administratively modified based on reducing the intensity of impacts from land uses. Buffer widths required for high-intensity land uses may be reduced to those required for moderate land use intensity under the following conditions: • Direct lights away from the wetland and buffer. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 125 Page 227 of 459 June 2015 1 • Locate activities that that generate noise away from the 2 wetland and buffer. 3 • Establish covenants limiting use of pesticides within 4 200 feet of a wetland. 5 • Implement integrated pest -management programs. 6 • Infiltrate or treat, detain and disperse runoff into buffer. 7 • Post signs at the outer edge of the critical area or buffer 8 to clearly indicate the location of the critical area 9 according to the direction of the City. 10 • Plant buffer with native vegetation appropriate for the 11 region to create screens or barriers to noise, light, and 12 human intrusion, as well as to discourage domestic 13 animal intrusion. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 • Use low -impact development where appropriate. • Establish a permanent conservation easement to protect the wetland and the associated buffer. (10) 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 ensure no net loss of ecological function and to offset impacts resulting from the actions of the applicant. 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 shall provide for long-term preservation of the mitigation area. (b) Mitigation ratios shall be consistent with the following entitled Washington State Department of Ecology manual; Wetland Mitigation in Washington State, Part 1: Agency Policies and Guidance (Version 1, Publication #06-06-011 a, March 2006) and Wetland Mitigation in Washington State, Part 2: Developing Mitigation Plans (Version 1, Publication #06-06-01 lb, March 2006). See Table 29.01.520 (13), Wetland Mitigation Ratios (for Eastern Washington). (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 8 years from the date of plant installation. Monitoring City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 126 Page 228 of 459 1 2 3 4 5 6 7 Il 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 June 2015 will continue for 10 years where woody vegetation (forested or shrub wetlands) is the intended result. These communities take at least 8 years after planting to reach 80% canopy closure. Reporting for a 10 -year monitoring period shall occur in years 1, 2, 3, 5, 7, and 10. Monitoring in all instances shall be bonded. Reporting results of the monitoring data to the City 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. (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 and in Table 29.01.520 (13), Wetland Mitigation Ratios (for Eastern Washington). 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. Off-site mitigation may be permitted where: (i) On-site mitigation is not feasible due to hydrology, soils, or other factors. (ii) 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. (iii) 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. (i) Except in the case of cooperative mitigation projects in selecting mitigation sites, applicants shall pursue locations in the following order of preference: 34 (i) Filled, drained, or cleared sites that were formerly wetlands and 35 where appropriate hydrology exists. 36 (ii) Upland sites, adjacent to wetlands, if the upland is significantly 37 disturbed and does not contain a mature forested or shrub City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 127 Page 229 of 459 1 2 3 4 5 6 7 8 E 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 June 2015 community of native species, and where the appropriate natural hydrology exists. (j) Where out -of -kind replacement is accepted, greater restoration/creation ratios may be required. (k) Construction of mitigation projects shall be timed to reduce impacts to existing wildlife and plants. Construction shall be timed to ensure grading and soil movement occurs during the dry season, and planting of vegetation shall be specifically timed to the needs of target species. (11) Innovative Mitigation: (a) One or more applicants, or an organization may undertake a mitigation project together if it is demonstrated that all of the following circumstances exist: (i) Creation of one or several larger wetlands may be preferable to many small wetlands; (ii) The group demonstrates the organizational and fiscal capability to act cooperatively; (iii) The group demonstrates that long-term management of the mitigation area will be provided; and (iv) There is a clear potential for success of the proposed mitigation at the identified mitigation site. (b) 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 #06-06-01b, March 2006). (i) 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 WAC 173-700; (B) The Shoreline Administrator determines 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. City of Pasco Shoreline Master Program Anchor QEA/Oneza & Associates Draft 128 Page 230 of 459 June 2015 1 (ii) Replacement ratios for projects using bank credits shall be 2 consistent with replacement ratios specified in the bank's 3 certification. 4 (iii) Credits from a certified wetland mitigation bank may be used to 5 compensate for impacts located within the service area specified in 6 the bank's certification. In some cases, the service area of the bank 7 may include portions of more than one adjacent drainage basin for 8 specific wetland functions. 9 (12) Mitigation Exceptions. Requirements for mitigation do not apply when a wetland 10 alteration is intended exclusively for the enhancement or restoration of an existing 11 regulated wetland, and the proposal will not result in a loss of wetland function 12 and value, subject to the following conditions: 13 (a) The enhancement or restoration project shall not be associated with a 14 development activity. 15 (b) A restoration plan shall be prepared and approved as described in 16 PMC 29.01.520 (12). 17 (13) Restoration. Restoration is required when a wetland or its buffer has been altered 18 in violation of SMP, Article V, Critical Areas. The following minimum 19 performance standards shall be met for the restoration of a wetland, provided that 20 if it can be demonstrated by the applicant that greater functional and habitat 21 values can be obtained, these standards may be modified: 22 (a) The original wetland configuration should be replicated, including depth, 23 34 width, and length at the original location. 24 (b) The original soil types and configuration shall be replicated. 25 (c) The wetland, including buffer areas, shall be replanted with native 26 vegetation, which replicates the original species, sizes, and densities. 27 (d) The original functional values shall be restored, including water quality 28 and wildlife habitat functions. 29 (e) Required replacement ratios are shown in the Re-establishment or 30 Creation column of Table 29.01.520 (13), Wetland Mitigation Ratios (for 31 Eastern Washington). 32 (f) A restoration plan shall be prepared and approved prior to commencement 33 of restoration work. Such a plan shall be prepared by a qualified wetland 34 biologist and describe how the proposed actions meet the minimum 35 requirements described above. The Shoreline Administrator shall, at the 36 applicant's expense, seek expert advice in determining the adequacy of City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 129 Page 231 of 459 June 2015 1 the Restoration Plan. Inadequate plans shall be returned to the applicant 2 for revision and resubmittal. 3 (14) Wetland mitigation ratios are provided in the Table 29.01.520 (13). City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 130 Page 232 of 459 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 June 2015 Table 29.01.520 (13): Wetland Mitigation Ratios (for Eastern Washington) Category and Re- Re - Type of Re- establishment or establishment or Wetland establishment Rehabilitation Creation and Creation and Enhancement Impacts or Creation Only' Rehabilitation' Enhancement' Only' 1:1 R/CR and 1:1 All Category IV 1.5:1 3:1 1:1 R/C and 2:1 E 6:1 1:1 R/CR and 2:1 All Category III 2:1 4:1 1:1 R/C and 4:1 E 8:1 All other 3:1 6:1 1:1 R/C and 4:1 1:1 R/C and 8:1 E 12:1 Category II RH Category I 1:1 R/C and 6:1 1:1 R/C and 12:1 based on score 4:1 8:1 16:1 RH E for functions Category I 6:1 R/C not R/C not Not considered Rehabilitation Natural possible of a Natural considered considered Case-by-case Heritage site possible possible Heritage site Notes: 1. These ratios are based on the assumption that the rehabilitation or enhancement actions implemented represent the average degree of improvement possible for the site. Proposals to implement more effective rehabilitation or enhancement actions may result in a lower ratio, while less effective actions may result in a higher ratio. The distinction between rehabilitation and enhancement is not clear-cut. Instead, rehabilitation and enhancement actions span a continuum. Proposals that fall within the gray area between rehabilitation and enhancement will result in a ratio that lies between the ratios for rehabilitation and the ratios for enhancement. 2. Natural Heritage sites, alkali wetland, and bogs are considered irreplaceable wetlands because they perform some functions that cannot be replaced through compensatory mitigation. Impacts to such wetlands would therefore result in a net loss of some functions no matter what kind of compensation is proposed. Reference: Washington State Department of Ecology, U.S. Army Corps of Engineers Seattle District, and U.S. Environmental Protection Agency Region 10, March 2006. Wetland Mitigation in Washington State — Part 1: Agency Policies and Guidance (Version 1). Washington State Department of Ecology Publication #06-06-011a. Olympia, Washington. E = Enhancement R/C = Re-establishment or Creation RH = Rehabilitation 22 29.01.530 Fish and Wildlife Habitat 23 (1) Purpose. The purpose of this section is to provide a framework to evaluate the 24 development, design, and location of buildings to ensure critical fish and wildlife 25 habitat with the shoreline jurisdiction is preserved and protected, in order to 26 ensure no net loss of ecological function and avoid habitat fragmentation. These City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 131 Page 233 of 459 June 2015 1 regulations seek to protect critical habitat areas so populations of endangered, 2 threatened, and sensitive species are given consideration during the shoreline 3 development review process. 4 (2) Fish and Wildlife Habitat Area Designation and Classification Criteria: 5 7 8 9 10 11 12 13 14 15 16 17 18 19 (a) Fish and Wildlife Habitat Areas shall include the following: Table 29.01.530 (2)(a): Criteria for Classification of Fish and Wildlife Habitat Areas (b) All areas within the City of Pasco's shoreline jurisdiction meeting one or more of these criteria are hereby designated as critical areas and are subject to the provisions of this section. (c) Mapping information sources for identification of fish and wildlife habitat conservation areas include, but are not limited to: (i) WDFW Priority Habitat and Species maps. (ii) Wetlands mapped under the National Wetland Inventory by the U.S. Department of Interior; USFWS. (iii) WDFW/WDNR, Washington Rivers Inventory System maps. (iv) Maps and reference documents in the City of Pasco SMP Inventory, Analysis, and Characterization Report, as applicable. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 132 Page 234 of 459 Habitat Area Characteristic/Classification Source (1) Areas with which state or federally designated endangered, WDFW, USFWS (NOAA) threatened, and sensitive species have a primary association (2) Naturally occurring under 20 acres in size and their submerged aquatic Ecology beds that provide fish or wildlife habitat (3) Waters of the state classified as fish and wildlife habitats under the Growth Management Act, RCW 36.70A, and WAC 365-190-080(5)(c)(v) WDNR, Ecology, WDFW, affected • Columbia River Indian tribes • Snake River (4) State Natural Area Preserves and Natural Resource Conservation WDNR Areas (5) Habitat areas of local importance as determined by resolution of the WDFW City Council. (b) All areas within the City of Pasco's shoreline jurisdiction meeting one or more of these criteria are hereby designated as critical areas and are subject to the provisions of this section. (c) Mapping information sources for identification of fish and wildlife habitat conservation areas include, but are not limited to: (i) WDFW Priority Habitat and Species maps. (ii) Wetlands mapped under the National Wetland Inventory by the U.S. Department of Interior; USFWS. (iii) WDFW/WDNR, Washington Rivers Inventory System maps. (iv) Maps and reference documents in the City of Pasco SMP Inventory, Analysis, and Characterization Report, as applicable. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 132 Page 234 of 459 June 2015 1 (3) Fish and Wildlife Habitat Area Rating. Fish and Wildlife Habitat Areas shall be 2 rated as Primary or Secondary according to the criteria in this section. 3 Table 29.01.530 (3): Classification by Fish and Wildlife Areas Habitat Area Classification Source Primary habitats are those areas that are valuable to fish and wildlife and support 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 State of Washington as WDFW, USFWS (NOAA) Primary Habitats endangered, threatened, or sensitive. (2) Those rivers identified as "Shorelines of the State" under the City of Pasco Shoreline Master Program, Ecology and streams within the shoreline jurisdiction. (3) Those wetlands identified as Category I Wetlands, PMC 29.01.520 (3) as defined in this title. Wetland Rating (Classification) Secondary habitats are those which are valuable to wildlife and support a wide variety of Secondary Habitat 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 items 1 through 3 in the Primary Habitats above. M 5 (4) Determination of Need for Fish and Wildlife Habitat Area Detailed Study: 6 (a) A Detailed Study shall be required for any activity that is within 200 feet 7 of a Fish and Wildlife Habitat Area. 8 (b) Due to the sensitive nature of certain species, the applicant shall notify the 9 City if the proposed activity will occur within 660 feet (1/8 of a mile) of a 10 Fish and Wildlife Habitat Area; the City may then contact appropriate 11 agencies and determine if a Detailed Study should be prepared, based on 12 the sensitivity of the site. 13 (c) The Shoreline Administrator shall require a Detailed Study of a habitat 14 area if the following indicators are present: 15 (i) The area is listed in the City's Critical Areas Map as a Fish and 16 Wildlife Habitat Area; 17 (ii) Documentation exists that shows that any of the classification 18 criteria listed in PMC 29.01.530 (3) are present, based on any of 19 the references listed in this section; City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 133 Page 235 of 459 June 2015 1 (iii) A qualified fish and wildlife biologist finds that habitat conditions 2 appropriate to meet one or more of the classification criteria listed 3 above in PMC 29.01.530 (3) exist; or 4 (iv) The Shoreline Administrator possesses a reasonable belief that a 5 Fish and Wildlife Habitat may exist. Such reasonable belief shall 6 be supported by a site visit and subsequent consultation with a 7 qualified fish and wildlife biologist. 8 (5) Fish and Wildlife Habitat Area Detailed Study Requirements. If a Fish and 9 Wildlife Habitat Area Detailed Study is required, it shall include and/or meet the 10 following requirements in addition to the Basic Requirements identified in 11 PMC 29.01.510 (10). 12 (a) The Detailed Study shall be completed by a qualified Fish and Wildlife 13 biologist with expertise in assessing the relevant species and habitats. 14 Evidence of qualifications shall be provided with the Detailed Study. 15 (b) The site plan and map submitted shall be of a scale no smaller than 16 1 inch = 200 feet. The site plan shall indicate all Fish and Wildlife Habitat 17 Critical Areas, as determined by the criteria in PMC 29.01.530 (3), and 18 shall include the area within 200 feet of the subject property. The 19 applicant may prepare the site plan; however, it is subject to review by the 20 qualified fish and wildlife biologist. The extent and boundaries of the 21 habitat shall be determined by the qualified fish and wildlife biologist. 22 (c) A habitat description shall be included, including a habitat rating as 23 described in PMC 29.01.530 (3), and a statement of functions and values 24 providing information on the species in question and the associated plant 25 and animal communities. A complete list of species and special habitat 26 features shall be included. 27 (d) A regulatory analysis shall be included, including a discussion of any 28 federal, state, tribal, and/or local requirements or special management 29 recommendations developed specifically for species and/or habitats 30 located on the site. 31 (e) The proposed mitigation plan shall address how the proposed development 32 activity has been mitigated to avoid and minimize adverse impacts to the 33 habitat and shall follow the general mitigation plan requirements described 34 in PMC 29.01.530 (13). 35 (f) A statement of management and maintenance practices shall be included, 36 including a discussion of ongoing maintenance practices that will ensure 37 protection of all fish and wildlife habitat conservation areas on-site after 38 the project has been completed. 39 (g) Habitat and Buffer Recommendation. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 134 Page 236 of 459 June 2015 1 (i) Riparian habitat areas: For the protection of habitat along rivers, 2 the buffer widths provided in Table 29.01.210 (2), Shoreline 3 Development Standards Matrix apply. 4 (h) Habitats and species that have been identified as Priority Species or 5 Priority Habitats by the WDFW Priority Habitats and Species Program 6 should not be reduced and shall be preserved through regulation, 7 acquisition, incentives, and other techniques. 8 (6) Performance Standards Minimum Requirements. This section describes the 9 minimum performance standard requirements for habitat areas, including riparian 10 habitats, anadromous salmonids, and specific requirements for bald eagle habitat 11 areas. 12 (a) Riparian Habitats: 13 (i) Buffer Requirements. Native vegetation standard buffers for 14 activities occurring adjacent to streams within Fish and Wildlife 15 Habitat Areas shall be maintained. Buffer widths shall be based on 16 the extent of prior stream channel modification. Riparian buffers 17 are determined by whether or not a salmonid habitat is present. 18 (ii) The buffer distance from the OHWM are provided in 19 Table 29.01.210 (2), Shoreline Development Standards Matrix 20 apply. 21 (b) Bald Eagle Habitat. Bald eagle habitat shall be protected pursuant to the 22 Washington State Bald Eagle Protection Rules (WAC 232-12-292). A 23 Habitat Management Plan shall be developed by the applicant in 24 coordination with the WDFW whenever activities that alter habitat are 25 proposed near a verified nest territory or communal roost. 26 (c) Wetland Habitat. All habitat sites containing wetlands shall conform to the 27 wetland development performance standards set forth in PMC 29.01.520, 28 Wetlands, and shall conform to the wetland mitigation and restoration 29 provisions set forth in PMC 29.01.520 (9) through (13). 30 (d) Anadromous Salmonids: 31 (i) Activities, uses, and alterations proposed to be located in 32 waterbodies used by anadromous salmonids, or in areas that affect 33 such waterbodies, shall give special consideration to the 34 preservation and enhancement of anadromous salmonid habitat, 35 including, but not limited to, the following: 36 (A) Activities shall be timed to occur only during the allowable 37 work window, as designated by the WDFW; City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 135 Page 237 of 459 June 2015 1 (B) The activity is designed so that it will minimize the 2 degradation of the functions or values of the fish habitat or 3 other critical areas; and 4 (C) Any impact on the functions and values of the habitat 5 conservation area are mitigated in accordance with an 6 approved Detailed Study. 7 (ii) Structures that prevent the migration of anadromous salmonids 8 shall not be allowed in the portion of the waterbodies currently 9 used by salmonids. Fish bypass facilities shall be provided that 10 allow the upstream migration of adult fish and prevent juveniles 11 migrating downstream from being trapped or harmed. 12 (iii) Fills waterward of the OHWM, when authorized, shall minimize 13 the adverse impacts on anadromous salmonids and their habitat, 14 shall mitigate any unavoidable impacts, and shall only be allowed 15 for water -dependent uses or for uses that enable public access or 16 recreation for significant numbers of the public. 17 (7) Buffer Width Modifications: 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 (a) Administrative Buffer Width Averaging. The required buffer widths established in this SMP may be modified by the Shoreline Administrator for a development on existing legal lots of record in place at the time of adoption of this SMP, in accordance with the provisions of this section only where the applicant demonstrates all of the following: (i) Averaging is necessary to avoid an extraordinary hardship to the applicant caused by circumstances peculiar to the property; (ii) The designated buffer area contains variations in sensitivity to ecological impacts due to existing physical characteristics or the character of the buffer varies in slope, soils, or vegetation; (iii) The total area contained within the buffer after averaging is no less than that contained within the standard buffer prior to averaging; (iv) The minimum buffer width at its narrowest point shall not be less than 65% of the required buffer width established under this SMP; and (v) The buffer width averaging does not result in a net loss of ecological function. (b) 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 City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 136 Page 238 of 459 June 2015 1 this section) does not meet these established standards. In such cases, the 2 buffer may be reduced by one-third the difference between the required 3 buffer and the larger of the two adjacent buffers. 4 Adjacency in this situation shall be defined as being within 50 feet of the 5 side property lines. If there is only clearing on one side of the proposed 6 activity within 50 feet of the side property line, then the buffer can be 7 reduced as described above. 8 (c) Shoreline Buffer Reductions. Shoreline buffers may be administratively 9 modified as outlined below: 10 (i) Where a legally established road or railway, or other type of 11 continuous development crosses or extends along a shoreline or 12 critical area buffer and is wider than 20 feet, the 13 Shoreline Administrator may approve a modification of the 14 minimum required buffer width to the waterward edge of the 15 improved continuous development provided the upland side of the 16 continuous development area: 17 (A) Does not provide additional protection of the shoreline 18 waterbody or stream; and 19 (B) Provides little (less than 20%) to no biological, geological, 20 or hydrological buffer functions relating to the riparian and 21 upland portions of the buffer. 22 (ii) Standard Buffer Reduction. Reductions of up to 75% of the 23 standard required buffer may be approved if the applicant 24 demonstrates to the satisfaction of the Shoreline Administrator that 25 a mitigation plan developed by a qualified professional pursuant to 26 PMC 29.01.510 (13) indicates that enhancing the buffer (by 27 removing invasive plants or impervious surfaces, planting native 28 vegetation, installing habitat features, or other means) will result in 29 a reduced buffer that functions at a higher level than the existing 30 standard buffer. 31 (8) Allowed uses in Fish and Wildlife Habitat Areas and stream buffers: 32 (a) Roads, bridges, and utilities. Road, bridge, and utility maintenance, repair, 33 and construction may be permitted across a Fish and Wildlife Habitat 34 Conservation Area and/or buffers under the following conditions: 35 (i) It is demonstrated to the Shoreline Administrator that there are no 36 alternative routes that can be reasonably used to achieve the 37 proposed development; City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 137 Page 239 of 459 June 2015 1 (ii) The activity will have minimum adverse impact to the Fish and 2 Wildlife Habitat Conservation Area; 3 (iii) The activity will not significantly degrade surface or groundwater; 4 and 5 (iv) The intrusion into the Fish and Wildlife Habitat Conservation Area 6 (9) Additional and its buffers is fully mitigated to achieve no net loss of 7 (a) ecological functions. 8 (b) Limited park or recreational access to a Fish and Wildlife Habitat Area 9 and/or stream buffers, provided that all of the following are satisfied: 10 (i) The access is part of a public park or a recreational resort 11 Clearing and grading shall be limited to that necessary for establishment development that is dependent on the access for its location and 12 of the use or development and shall be conducted to avoid significant recreational function; 13 (ii) The access is limited to the minimum necessary to accomplish the 14 temperature of freshwater flows to or within the habitat area and any recreational function; and 15 (iii) The intrusion is fully mitigated to achieve no net loss of ecological 16 functions. 17 (c) Low -impact uses and activities that are consistent with the purpose and 18 function of the stream setback and do not detract from its integrity. 19 Examples of low -impact uses and activities include removal of noxious 20 vegetation and stormwater management facilities such as grass -lined 21 swales. 22 (9) Additional Protection Measures: 23 (a) Temporary and permanent erosion and sedimentation controls shall be 24 provided to prevent the introduction of sediments or pollutants to 25 waterbodies or watercourses within the habitat area. 26 (b) Clearing and grading shall be limited to that necessary for establishment 27 of the use or development and shall be conducted to avoid significant 28 adverse impacts and minimize the alteration of the volume, rate, or 29 temperature of freshwater flows to or within the habitat area and any 30 buffer required by this section. 31 (c) The proposed development shall not discharge hazardous substances to the 32 habitat area that would have significant adverse impacts on that area. 33 (d) Stream flows shall be protected from changes to the normal flow, 34 temperature, turbidity, and discharge to the maximum extent practicable. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 138 Page 240 of 459 June 2015 1 (e) Septic drainfields and any required replacement drainfield area shall be at 2 least 100 feet from the edge of any habitat area. 3 (f) Exceptions to the above protection standards may be allowed by the 4 Shoreline Administrator based on a special report prepared by a 5 Qualified Biological Professional that demonstrates that such exception 6 would not adversely impact the habitat system, functions, and values of 7 the habitat area. 8 (g) Activities may only be permitted in a stream or stream buffer if the 9 31 applicant can show that the proposed activity will not degrade the 10 parallel with any stream channel unless the corridor is outside the buffer, functions and values of the stream, stream buffer, or other critical area. 11 (h) Stream Crossings. Stream crossings shall be minimized, but when 12 where feasible. Crossings shall be contained within the existing footprint necessary, they shall conform to the applicable provisions of this SMP and 13 37 other laws (see WDFW or Ecology). 14 (i) Stormwater conveyance facilities. Stormwater conveyance facilities may 15 be permitted, provided that they are only located in the buffer when no 16 practicable alternative exists outside the buffer. Stormwater facilities shall 17 be planted with native plantings where feasible to provide habitat, and/or 18 less intrusive facilities should be used. 19 (j) Floodway-dependent Structures. Floodway-dependent structures or 20 installations may be permitted within streams or their buffers if allowed or 21 approved by other ordinances or other agencies with jurisdiction. See 22 PMC 29.01.550, Flood Hazard Areas, for more information on allowed 23 uses and activities within flood hazard areas. 24 (k) Trails. The criteria for alignment, construction, and maintenance of trails 25 within wetlands and their buffers shall apply to trails within stream 26 buffers. Outer buffer trails may not exceed 20 feet in width and may be 27 constructed with impermeable surface materials if on-site infiltration is 28 utilized. 29 (1) Utilities. The criteria for alignment, construction, and maintenance within 30 the wetland buffers and PMC 29.01.460, Utilities, shall apply to utility 31 corridors within stream buffers. In addition, corridors shall not be aligned 32 parallel with any stream channel unless the corridor is outside the buffer, 33 and crossings shall be minimized. Installation shall be accomplished by 34 boring beneath the scour depth and hyporheic zone of the waterbody 35 where feasible. Crossings shall be contained within the existing footprint 36 of an existing or new road or utility crossing where possible. Otherwise, 37 crossings shall be at an angle greater than 60 degrees to the centerline of 38 the channel. The criteria for stream crossings shall also apply. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 139 Page 241 of 459 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 June 2015 (m) Native vegetation landscaping schemes shall be provided that do not require application of herbicides, pesticides, or fertilizer to maintain robust growth. (n) No net -effective impervious surfaces may be created in the outer buffer area beyond what is otherwise permitted. (o) No structures or related improvements, including buildings or decks, shall be permitted within the stream buffer, except as otherwise allowed in PMC 29.01.510, General Provisions, or in this SMP. 29.01.540 Aquifer Recharge Areas (1) Purpose. The purpose and intent of this section is to safeguard groundwater resources within the shoreline jurisdiction from hazardous substance and hazardous waste pollution by controlling or abating future pollution from new land uses or activities. (2) Aquifer Recharge Area Designation Criteria: (a) Aquifer recharge areas shall be classified as following: City of Pasco Shoreline Master Program Anchor QEA/Oneza & Associates Draft 140 Page 242 of 459 June 2015 Table 29.01.540 (2)(a): Designation of Aquifer Recharge Areas 2 3 (b) Any project area located within 200 feet of an area meeting the aquifer 4 designation or soil classification criteria, or mapped as such, shall be 5 treated as if it is located within the mapped area. 6 (c) All areas within the City of Pasco meeting these criteria, regardless of the 7 presence or lack of any formal identification as such, are hereby 8 designated as critical areas and are subject to the provisions of this Title. 9 (3) Aquifer Recharge Area Classification: 10 (a) Aquifer recharge areas are classified as high, moderate, or low 11 significance aquifer recharge areas according to the following criteria: City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 141 Page 243 of 459 Aquifer Recharge Area Characteristic/Designation Source (1) Wellhead Protection Areas pursuant to WAC 246-290 WA Department of Health, US Environmental Protection Agency (2) Areas designated for special protection pursuant to a groundwater management program, RCW 90.44, 90.48, and 90.54 and Ecology WAC 173-100 and 173-200 (3) Areas overlying unprotected aquifers. Such aquifers shall be identified through any existing competent hydrogeologic study USGS, WDNR (4) Areas within identified unprotected aquifers but possessing the following characteristics: • Slopes less than 15% WDFW • Coarse alluvium or sand and gravel in the soil profile and no known impermeable layers 2 3 (b) Any project area located within 200 feet of an area meeting the aquifer 4 designation or soil classification criteria, or mapped as such, shall be 5 treated as if it is located within the mapped area. 6 (c) All areas within the City of Pasco meeting these criteria, regardless of the 7 presence or lack of any formal identification as such, are hereby 8 designated as critical areas and are subject to the provisions of this Title. 9 (3) Aquifer Recharge Area Classification: 10 (a) Aquifer recharge areas are classified as high, moderate, or low 11 significance aquifer recharge areas according to the following criteria: City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 141 Page 243 of 459 June 2015 Table 29.01.540 (3)(a): Classification of Aquifer Vulnerability Vulnerability Classification Documentation and Data Sources High Vulnerability High significance aquifer recharge areas are areas with slopes of less than 15% underlain by coarse alluvium or sand and gravel Moderate significance aquifer recharge areas are: Moderate Vulnerability (1) Areas with slopes of less than 15% underlain by fine alluvium, silt, clay, glacial till, or deposits from the electron mudflow (2) Areas with slopes of 15% to 30% underlain by sand and gravel Moderate significance aquifer recharge areas are: Low Vulnerability (1) Areas with slopes of 15% to 30% underlain by silt, clay, or glacial till (2) Areas with slopes greater than 30% 2 3 (4) Determination of Need for Aquifer Recharge Detailed Study: 4 (a) The following information resources shall be utilized along with other 5 documentation where noted: 6 (i) Studies from the USGS. 7 (ii) City of Pasco Wastewater Facility Plan. 8 (iii) Soil Survey for Franklin County (Conservation District). 9 (b) Requirements for High Significance Aquifer Recharge Area. An Aquifer 10 Recharge Area Detailed Study shall be required for any activity occurring 11 on or adjacent to a site that is, or contains, a High Significance Aquifer 12 Recharge Area if the activity involves one or more of the following uses: 13 (i) Hazardous substance processing or handling; 14 (ii) Hazardous waste treatment and storage facility; 15 (iii) Disposal of on-site sewage for subdivisions, short plats, and 16 commercial and industrial sites; or 17 (iv) Landfills. 18 (5) Aquifer Recharge Area Detailed Study. When required as described in 19 PMC 29.01.540 (4), an Aquifer Recharge Area Detailed Study shall meet the 20 following requirements: 21 (a) The Detailed Study shall be prepared by qualified consultant with 22 experience in preparing hydrogeologic assessments. Evidence of these 23 qualifications shall be provided with the Detailed Study. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 142 Page 244 of 459 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 June 2015 (b) 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 PMC 29.01.540 (2). (c) The Detailed Study shall contain a hydrogeologic assessment, including, at a minimum: (i) Information sources; (ii) Geologic setting; (iii) Background water quality; (iv) Location of, and depth to, water tables; (v) Recharge potential of the facility site; (vi) Groundwater flow direction and gradient; (vii) Currently available data on wells within 1,000 feet of the site; (viii) Currently available data on springs within 1,000 feet of the site; (ix) Surface water location and recharge potential; (x) Water source supply to the activity (e.g., high capacity well); (xi) Any sampling schedules necessary; (xii) Discussion of the effects of the proposed project on the groundwater resource; and (xiii) Other information as may be required by the Town. (d) 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. (6) Aquifer Recharge Area Detailed Study Special Exemptions. In addition to the exemptions listed in PMC 29.01.510 (3) and 29.01,770, Exemptions for Shoreline Substantial Development Permits, sewer lines and appurtenances shall be exempt from the requirement to prepare an Aquifer Recharge Area Detailed Study. (7) Performance Standards Basic Requirements: (a) Any activity listed in PMC 29.01.540 (4)(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 the proposed activity will not cause contaminants to enter the aquifer. City of Pasco Shoreline Master Program Anchor QEA/Oneza & Associates Draft 143 Page 245 of 459 June 2015 1 (b) All activities located in an Aquifer Recharge Area shall minimize the 2 creation of impervious surfaces to the extent practicable without creating a 3 greater risk to the aquifer recharge area. 4 (8) Storage Tanks. All Storage tanks located in an Aquifer Recharge Area must 5 conform to the following requirements. Ecology also regulates and authorizes 6 permits for underground storage tanks (WAC 173-360). 7 (a) Underground Tanks. All new underground storage facilities used or to be 8 used for the underground storage of hazardous substances or hazardous 9 wastes shall be designed and constructed so as to: 10 (i) Prevent releases due to corrosion or structural failure for the 11 operational life of the tank; 12 (ii) Be protected against corrosion, constructed of noncorrosive 13 material, steel clad with a noncorrosive material, or designed to 14 include a secondary containment system to prevent the release or 15 threatened release of any stored substances; and, 16 (iii) Use material in the construction or lining of the tank that is 17 compatible with the substance to be stored. 18 (b) Aboveground Tanks: 19 (i) No new aboveground storage facility or part thereof shall be 20 fabricated, constructed, installed, used, or maintained in any 21 manner which may allow the release of a hazardous substance to 22 the soil, groundwater, or surface waters within an 23 Aquifer Recharge Area. 24 (ii) No new aboveground tank or part thereof shall be fabricated, 25 constructed, installed, used, or maintained without having 26 constructed around or under it an impervious containment area 27 enclosing or underlying the tank or part thereof. 28 (iii) New aboveground tanks will require a secondary containment 29 system, either built into the tank structure or a dike system built 30 outside the tank, for all tanks located within an aquifer recharge 31 area. 32 29.01.550 Flood Hazard Areas 33 (1) Purpose. The purpose of this section is to promote the public health, safety, and 34 welfare of the community by recognizing potential hazards that may be caused by 35 development in areas where severe flooding is anticipated to occur. The intent of 36 this section is to assist with minimizing public and private losses due to flood City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 144 Page 246 of 459 June 2015 1 hazards by avoiding development in hazard areas within the shoreline jurisdiction 2 and or implementing protective measures contained in this SMP. 3 (2) Classification. The following categories of frequently flooded areas are 4 established for the purposes of classification: 5 (a) Floodway. Floodways are defined as the channel of a stream and adjacent 6 land areas, which are required to carry and discharge flood waters or flood 7 flows of any river or stream associated with a regulatory flood. 8 (b) Special Flood Hazard Areas. The area adjoining the floodway, which is 9 subject to a 1% or greater chance of flooding in any given year and 10 determined by the Federal Insurance Administration. 11 (c) Floodplain. The floodway and special flood hazard areas. 12 These flood areas have been delineated based on studies completed by FEMA for 13 the national Flood Insurance Program. 14 (3) Designation: 15 (a) All areas within the City meeting the frequently flooded designation 16 criteria of PMC 29.01.550 (2) are hereby designated critical areas and are 17 subject to the provisions of this section. 18 (b) The approximate location and extent of frequently flooded areas are 19 shown on the Flood Insurance Rate Maps (FIRMS) prepared for the City 20 of Pasco and Franklin County by FEMA, as part of the National Flood 21 Insurance Program. 22 (4) Management. Title 16 (Buildings and Construction) and Chapter 24.20 23 (Flood Hazard Protection) of the PMC regulate proposed activities in all areas of 24 special flood hazards. If allowed, any structures permitted in the designated flood 25 areas are subject to the flood -proofing regulations provided in Title 16 and 26 Chapter 24.20. 27 (5) Floodways. Special flood hazard areas established in this section are areas that are 28 extremely hazardous due to the velocity of flood waters, which carry debris, 29 potential projectiles, and erosion potential. The following provisions apply to 30 special flood hazard areas: 31 (a) Prohibit encroachments, including fill, new construction, substantial 32 improvements, and other development unless certification by a registered 33 professional engineer or architect is provided demonstrating that 34 encroachments shall not result in an increase in flood levels during the 35 occurrence of the base flood discharge. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 145 Page 247 of 459 June 2015 1 (b) If PMC 29.01.550 (5)(a) is satisfied, all new construction and substantial 2 improvements shall comply with all applicable flood hazard reduction 3 provisions of PMC 24.20. 4 29.01.560 Geologic Hazard Areas 5 (1) Purpose. The purpose of this section is to reduce the threats to public health and 6 safety posed by geologic hazards within the shoreline jurisdiction. The intent is to 7 reduce incompatible development in areas of significant geologic hazard. 8 Development incompatible with geologic hazards may not only place itself at risk, 9 but also may increase the hazard to surrounding development. Some geologic 10 hazards can be reduced or mitigated by engineering, design, or modified 11 construction or altering mining practices so risks to health and safety are 12 minimized. When technology cannot reduce the risks to acceptable levels, 13 development in the hazard area is best to be avoided. 14 (2) Geologic Hazard Area Designation. Geologic hazard areas within the City are 15 those areas that are susceptible to significant erosion, landslide, flood hazards, 16 seismic hazards, and surface mine collapse hazards. All areas within the City of 17 Pasco meeting the criteria described in PMC 29.01.560 (3) for known or 18 suspected risk or unknown risk, regardless of the presence or lack of any formal 19 identification as such, are designated as critical areas and are subject to the 20 provisions of this section. 21 (a) Volcanic Hazards. The GMA requires that volcanic hazards be addressed 22 in local Critical Area Regulations. However, since no volcanic hazards 23 exist in the City area, no volcanic hazards regulations are needed. 24 (b) Flood Hazard Areas. Generally, areas subject to flood hazard conditions 25 are regulated by PMC 29.01.550 and the City of Pasco Flood Plain 26 regulations (PMC Title 24) which regulates those areas identified and 27 classified by the FEMA on their Flood Hazard Boundary/Flood Insurance 28 Rate Maps. 29 (3) Geologic Hazard Area Classification and Designation Criteria: 30 (a) Geologic hazard area classification criteria are listed in the table below, 31 along with the source agencies that provide the guidelines for 32 classification and designation: City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 146 Page 248 of 459 June 2015 Table 29.01.560 (3)(a): Criteria for Classification of Geologic Hazard Areas Hazard Area Classification and Designation Source (a) Areas with soil type possessing erosion hazard of (1) Erosion Hazard "moderate to severe," "severe," or "very severe." NRCS Areas (Classification based on both soil type and slope) (a) Areas with slopes of 30% or greater slope and with a vertical relief of 10 or more feet; NRCS (b) Areas with slopes steeper than 15% on hillsides intersecting geologic contacts with a relatively permeable sediment overlying a relatively NRCS impermeable sediment or bedrock where springs or groundwater seepage is present; (c) Areas with slopes parallel or sub -parallel to planes of weakness in subsurface materials (e.g., bedding NRCS planes, joint systems, and fault planes); (d) Areas with slopes having gradients steeper than 80% NRCS subject to rockfall during seismic shaking; (e) Alluvial fans or canyon bottoms presently or (2) Landslide Hazard Areas potentially subject to inundation by debris flows or NRCS catastrophic flooding; (f) Areas that have shown movement during the Holocene epoch or which are underlain or covered by NRCS wastage debris of this epoch; (g) Evidence of or risk from snow avalanches; NRCS (h) A "severe" limitation for building site development due to slope conditions; NRCS (i) Areas of historic failure such as areas designated as quaternary slumps, earthflows, mudflows, lahars, or USGS, WDNR, or landslides on maps or technical reports (e.g., other government topographic or geologic maps, or other authorized agencies documents). (a) Areas potentially unstable as a result of rapid stream (3) Flood Hazard Areas incision, stream bank erosion, and Undercutting by PMC Title 24 wave action shall be addressed as a flood hazard 2 Notes: 3 NRCS = U. S. Department of Agriculture, Natural Resource Conservation Service 4 5 (4) Geologic Hazard Area Rating Criteria. All areas within the City shall be classified 6 by the following risk categories for each geologic hazard type: City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 147 Page 249 of 459 2 3 4 5 June 2015 Table 29.01.560 (4): 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 (5) Determination of Need for Geologic Hazard Area Detailed Study. A Geologic Hazard Area Detailed Study of a geologic hazard area shall be required if the following indicators are present: 6 (a) If the project area is listed in the City of Pasco Critical Areas Map as 7 possessing either a Known or Suspected Risk for erosion, landslide, flood, 8 seismic, or mine hazard. 9 (b) If the project area is listed in the City of Pasco Critical Areas Map as 10 possessing an Unknown Risk for erosion, landslide, flood, seismic, or 11 mine hazard if any of the following are identified by the applicant or City: 12 (i) A qualified geologist finds that any of the following exist: 13 evidence of past significant events of the hazard in question on or 14 adjacent to the site; the presence of necessary and sufficient factors 15 for events of the hazard in question on or adjacent to the site; or 16 reasonable uncertainty concerning the hazard the potential for 17 significant risk to or from the proposed activity; or 18 (ii) The Shoreline Administrator possesses a reasonable belief that a 19 geologic hazard may exist. Such reasonable belief shall be 20 supported by a site visit and subsequent consultation with a 21 qualified geologist. 22 (6) Geologic Hazard Area Detailed Study Requirements. The minimum requirements 23 for a Geologic Hazard Area Detailed Study include the following in addition to 24 the Basic Requirements identified in PMC 29.01.5 10 (10): 25 (a) Basic Requirements. A Geologic Hazard Area Detailed Study shall meet 26 the following: 27 (i) The Detailed Study shall be prepared by a qualified professional 28 engineer or geologist. Evidence of qualifications shall be provided 29 with the Detailed Study. 30 (ii) A map, of a scale no smaller than 1 inch = 200 feet, of the site and 31 the extent of the geologic hazard area as determined by the criteria 32 in PMC 29.01.560 (3). City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 148 Page 250 of 459 June 2015 1 (iii) An assessment of the geologic characteristics and engineering 2 properties of the soils, sediments, and/or rock of the subject 3 property and potentially affected adjacent properties, and a review 4 of the site history regarding landslides, erosion, and prior grading. 5 The Study shall include a soils analysis consistent with the 6 accepted regional taxonomic classification system, and a 7 description of the vulnerability of the site to seismic events. 8 Documentation of data and methods shall be included. 9 (iv) A geotechnical analysis, including a detailed description of the 10 proposed project, its relationship to the geologic hazard(s), and its 11 potential impact upon the hazard area, the subject property and 12 affected adjacent properties shall be included. 13 (v) A mitigation plan, if appropriate, prepared by a professional 14 engineer or geologist under the supervision of a professional 15 engineer qualified to prepare a Detailed Study. The mitigation plan 16 shall include a discussion on how the project has been designed to 17 avoid and minimize the impacts discussed in the geotechnical 18 analysis (see mitigation standards provided in PMC 29.01.5 10 19 (13)). The plan shall make a recommendation for the minimum 20 building setbacks from any geologic hazard based on the 21 geotechnical analysis. The plan shall also address the potential 22 benefit of mitigation on the hazard area, the subject property, and 23 affected adjacent properties. 24 (vi) Where more than one geologic hazard exists within, adjacent to, 25 impacts, or is impacted by the activity site, then only one Detailed 26 Study is required to be completed to conduct a geologic hazard 27 Critical Area Review of the activity. The Critical Area Review 28 report shall meet all of the requirements of each critical area type, 29 but may present a unified mitigation plan. 30 (vii) Where a valid geotechnical report has been prepared within the last 31 5 years for a specific site, and where the proposed land use activity 32 and surrounding site conditions are unchanged, said report may be 33 incorporated into the Detailed Study. The applicant shall submit a 34 geotechnical assessment detailing any changed environmental 35 conditions associated with the site. 36 (b) Erosion and Landslide Hazard Areas. In addition to the requirements of 37 PMC 29.01.560 (6)(a), an Erosion Hazard or Landslide Hazard Area 38 Detailed Study must also meet the following requirements: 39 (i) The map shall depict the height of slope, slope gradient, and cross 40 section of the site. The site plan shall also include the location of 41 springs, seeps, or other surface expressions of groundwater. The City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 149 Page 251 of 459 June 2015 1 Site Plan shall also depict any evidence of surface or stormwater 2 runoff. 3 (ii) A description of load intensity, including surface and groundwater 4 conditions, public and private sewage disposal systems, fills and 5 excavations, and all structural development. 6 (iii) An estimate of slope stability and the effect construction and 7 placement of structures will have on the slope during the estimated 8 life of the structure. 9 (iv) An estimate of the bluff retreat rate that recognizes and reflects 10 potential catastrophic events such as seismic activity or a 100 -year 11 storm event. 12 (v) An assessment describing the extent and type of vegetative cover. 13 (vi) The geotechnical analysis shall specifically include: 14 (A) Slope stability studies and opinion(s) of slope stability; 15 (B) Proposed angles of cut and fill slopes and site grading 16 requirements; 17 (C) Structural foundation requirements and estimated 18 foundation settlements; 19 (D) Soil compaction criteria; 20 (E) Proposed surface and subsurface drainage; 21 (F) Lateral earth pressures; 22 (G) Vulnerability of the site to erosion; 23 (H) Suitability of on-site soil for use as fill; and, 24 (I) Building limitations. 25 (vii) Mitigation proposals shall include the location and methods of 26 drainage, surface water management, locations, and methods of 27 erosion control, a vegetation management and/or restoration plan, 28 and/or other means for maintaining long-term stability of slopes. 29 (c) Flood Hazard Areas. Flood Hazard Areas are addressed through 30 PMC 29.01.550, Flood Hazard Areas, and the City of Pasco Floodplain 31 regulations (PMC Title 24). If evidence exists that the proposed 32 development area is subject to flood hazards that are not indicated on the 33 City's Flood Hazard Boundary Maps, and site characteristics do not City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 150 Page 252 of 459 June 2015 1 warrant an Erosion or Landslide Hazard Detailed Study, the City may 2 require additional analysis and preparation of a mitigation plan to 3 determine if the site is suitable for development. 4 (d) Seismic Hazard Areas. In addition to the Basic Requirements 5 PMC 29.01.560 (6)(a)), a Detailed Study for a seismic hazard critical area 6 shall also meet the following requirements: 7 (i) The site map shall show all known and mapped faults in the project 8 vicinity. 9 (ii) The geotechnical analysis shall include a complete discussion of 10 the potential impacts of seismic activity reasonably probable on the 11 site (e.g., forces generated and fault displacement). 12 (e) Mine Hazard Areas. In addition to the Basic Requirements 13 PMC 29.01.560 (6)(a), a Detailed Study for a mine hazard critical area 14 shall also meet the following requirements: 15 (i) The site plan shall delineate the existence of mine workings 16 adjacent to or abutting the site, or nearby mine workings, which 17 may impact the site; and 18 (ii) The geotechnical analysis shall include a discussion of the 19 potential for subsidence on the site. 20 (f) Volcanic Hazard Areas. The City is located in an area of minimal risk 21 from Volcanic Hazard Areas. 22 (7) Performance Standards Minimum Requirements. This section describes the 23 minimum performance standard requirements for Geologic Hazard Areas. 24 (a) Basic Requirements: 25 (i) Alteration of geologic hazard critical areas is permitted only if the 26 development proposal can be designed so the hazard to the project 27 and any increase of hazard to adjacent property is eliminated or 28 mitigated, and the development proposal on the site is certified as 29 safe by a geotechnical engineer licensed in the State of 30 Washington. 31 (ii) All proposals involving excavations and placement of fills shall be 32 subject to structural review under Chapter 33, Site Work, 33 Demolition and Construction, of the most current International 34 Building Code. 35 (iii) Essential public facilities as defined by RCW 36.70A.200 shall not 36 be sited within designated geologic hazard areas. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 151 Page 253 of 459 June 2015 1 (b) Erosion and Landslide Hazard Areas. Activities on sites containing 2 landslide or erosion hazards shall also meet the following requirements: 3 (i) Alterations of the buffer and/or geologic hazard area may only 4 occur for activities meeting the following criteria: 5 (A) No reasonable alternative exists; and 6 (B) A geotechnical report is submitted and certifies that: 7 • The development will not significantly increase 8 surface -water discharge or sedimentation to adjacent 9 properties beyond pre- development conditions; 10 • The development will not decrease slope stability on 1 I adjacent properties; and 12 • That such alterations will not adversely impact other 13 critical areas. 14 (ii) A temporary Erosion and Sedimentation Control Plan, prepared in 15 accordance with the requirements of the standard specification of 16 the City of Pasco. 17 (iii) A drainage plan for the collection, transport, treatment, discharge 18 and/or recycle of water in accordance with the standard 19 specification of the City of Pasco. 20 (iv) Surface drainage shall not be directed across the face of a landslide 21 hazard area (including riverine bluffs or ravines). If drainage must 22 be discharged from the hazard area into adjacent waters, it shall be 23 collected above the hazard and directed to the water by a tight line 24 drain and provided with an energy dissipating device at the point 25 of discharge. 26 (v) All infiltration systems, such as stormwater detention and retention 27 facilities, and curtain drains utilizing buried pipe or French drain, 28 are prohibited in landslide hazard areas and their buffers unless a 29 geotechnical report indicates such facilities or systems or the 30 failure of the same will not affect slope stability and the systems 31 are designed by a licensed civil engineer. 32 (vi) A minimum standard buffer width of 30 feet shall be established 33 from the top, toe, and all edges of landslide and erosion hazard 34 areas. Existing native vegetation shall be maintained. The buffer 35 may be reduced to a minimum of 10 feet when an applicant 36 demonstrates the reduction will adequately protect the proposed 37 development, adjacent developments and uses, and the subject City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 152 Page 254 of 459 June 2015 1 critical area. The buffer may be increased by the 2 Shoreline Administrator for development adjacent to a river bluff 3 or ravine, or in other areas that circumstances may warrant, where 4 it is determined a larger buffer is necessary to prevent risk of 5 damage to proposed and existing development as in the case where 6 the area potentially impacted by a landslide exceeds 30 feet. 7 (vii) On-site sewage disposal systems, including drain fields, shall be 8 prohibited within landslide and erosion hazard areas and related 9 buffers. 10 (viii) Development designs shall meet the following basic requirements, 11 unless it can be demonstrated that an alternative design provides 12 greater long-term slope stability while meeting all other criteria of 13 this section. The requirement for long-term slope stability shall 14 exclude designs that require periodic maintenance or other actions 15 to maintain their level of function. The basic development design 16 standards are: 17 (A) Structures and improvement shall be clustered to retain as 18 much open space as possible and to preserve the natural 19 topographic features of the site. 20 (B) Structures and improvements shall conform to the natural 21 contour of the slope, and foundations shall be tiered where 22 possible to conform to existing topography. 23 (C) Structures and improvements shall be located to preserve 24 the most critical portion of the site and its natural landforms 25 and vegetation. 26 (D) The use of retaining walls that allow the maintenance of 27 existing natural slope area is preferred over graded artificial 28 slopes. 29 (E) All development shall be designed to minimize impervious 30 lot coverage. 31 (c) Flood Hazard Areas. Activities in flood hazard areas shall comply with 32 PMC 29.01.550, Flood Hazard Areas, and the City of Pasco Floodplain 33 regulations (PMC Title 24). 34 (d) Seismic Hazard Areas. Activities on sites containing seismic hazards shall 35 also meet the following requirements: 36 (i) Mitigation is implemented, which reduces the seismic risk to a 37 level equivalent to that which the activity would experience if it 38 were not located in a seismic hazard area. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 153 Page 255 of 459 June 2015 1 (ii) Structural development proposals shall meet all applicable 2 provisions of Chapter 16 of the most current addition of the 3 International Building Code (Structural Forces/Structural Design 4 Requirements). 5 (iii) No residential structures or Essential Public Facility shall be 6 located on a Holocene fault line as indicated by USGS 7 investigative maps and studies. 8 (e) Mine Hazard Areas. Activities on sites containing mine hazards shall also 9 meet the following requirements: 10 (i) Mitigation is implemented which reduces the risk from mine 11 hazards to a level equivalent to that which the activity would 12 experience if it were not located in a mine hazard area. 13 (f) Volcanic Hazard Areas. No additional requirements. 14 (8) Long-term Mitigation and Restoration Standards: 15 (a) The mitigation plan shall specifically address how the activity maintains 16 or reduces the pre-existing level of risk to the site and adjacent properties 17 on a long-term basis (equal to or exceeding the projected lifespan of the 18 activity or occupation). Mitigation techniques providing long-term hazard 19 reduction are those that do not require periodic maintenance or other 20 actions to maintain their function. 21 (b) Mitigation may be required to avoid any increase in risk above the 22 pre-existing conditions following abandonment of the activity. 23 (c) Any required restoration shall meet the long-term hazard reduction 24 standards. In the case of restoration, long-term shall be defined as the 25 equivalent of natural function. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 154 Page 256 of 459 June 2015 Article VI. Existing Uses, Structures, and Lots 2 29.01.600 Applicability 3 (1) All nonconformances in shoreline jurisdiction shall be subject to the provisions of 4 this article. For nonconformance of use, structures, and lots within shoreline 5 critical areas, PMC 29.01, Article V, Critical Areas, applies. When there is a 6 conflict between this Section and the Critical Area Section as applicable to critical 7 areas, the more restrictive standards shall apply. 8 (2) The provisions of this SMP do not supersede or relieve a property owner from 9 compliance with: 10 (a) The requirements of the International Building and Fire Codes; or 11 (b) The provisions of the SMP beyond the specific nonconformance addressed 12 by this section. 13 (3) A change in the required permit review process (e.g., Shoreline Substantial 14 Development Permit versus a Shoreline Special Use Permit) shall not create a 15 nonconformance. 16 (4) Any nonconformance that is brought into conformance for any period of time 17 shall forfeit status as nonconformance, except as specified in PMC 29.01.610, 18 Nonconforming Uses. 19 (5) A nonconforming lot, use, or structure may be deemed legally nonconforming by 20 providing documentation that the use in question occurred prior to the effective 21 date of this SMP, from two of the following: 22 (a) Local agency permit; 23 (b) Orthophotograph, aerial photograph, or planimetric mapping recognized 24 as legitimate by the agency; or 25 (c) Tax record. 26 29.01.610 Nonconforming Uses 27 (1) If, at the effective date of the SMP and any amendment thereto, a lawful use of 28 land exists that is made no longer permissible under the terms of this SMP, or 29 amendments thereto, such use may be continued as a nonconforming use so long 30 as it remains otherwise lawful subject to the following conditions: 31 (a) No nonconforming use shall be intensified, enlarged, increased, or 32 extended to occupy a greater area of land than was occupied on the 33 effective date of the SMP or the amendment that made the use no longer 34 permissible. Provided that a nonconforming use may be enlarged, City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 155 Page 257 of 459 June 2015 1 increased, or extended in conformance with applicable bulk and 2 dimensional standards of this SMP upon approval of a Shoreline Special 3 Use Permit. 4 (b) No nonconforming use shall be moved in whole or in part to any other 5 portion of the lot that contains the nonconforming use. 6 (c) If any nonconforming use of land ceases for any reason for a period of 7 1 year or more, any subsequent use of such land shall conform to the 8 regulations specified by this SMP for the use environment in which such 9 land is located. 10 (d) A structure, which is being or has been used for a nonconforming use, 11 may be used for a different nonconforming use only upon a finding that: 12 (i) No reasonable alternative conforming use is practical; 13 (ii) The proposed use is equally or more appropriate to the shoreline 14 environment than the existing nonconforming use, and is at least as 15 consistent with the policies and provisions of the act and the SMP; 16 and 17 (iii) Such a change of use shall be subject to a Shoreline Special Use 18 Permit approval. Conditions may be attached to the permit as are 19 deemed necessary to ensure compliance with the above findings 20 and the requirements of the SMP and the SMA, and to ensure the 21 use will not become a nuisance or a hazard. 22 29.01.620 Nonconforming Structures 23 (1) If, at the effective date of the SMP or any amendment thereto, a lawful structure 24 or other improvement exists, which is made no longer permissible under the terms 25 of this SMP or amendment thereto, such structure or other improvement may be 26 continued as a nonconforming structure or other improvement so long as it 27 remains otherwise lawful, subject to the following conditions: 28 (a) No nonconforming structure or other improvement shall be altered or 29 changed in a way which increases its nonconformity except as allowed in 30 PMC 29.01.620 (1)(b). 31 (b) Expansions of structures that are nonconforming with respect to a required 32 shoreline buffer: 33 (i) May not encroach any farther waterward into the required 34 shoreline buffer. 35 (ii) Expansions parallel to or landward of shoreline may be allowed 36 provided that said enlargement does not increase the extent of City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 156 Page 258 of 459 June 2015 1 nonconformity by farther encroaching upon or extending into areas 2 where construction or use would not be allowed for new 3 development or uses. 4 (c) All expansion, extension, maintenance, or repair activities of 5 nonconforming structures or improvements shall be consistent with all 6 other provisions of this SMP, provided the cumulative cost of such 7 maintenance or repair shall not exceed 20% of the assessed valuation of 8 such building, structure, or land (as applicable) at the time such 9 maintenance is completed. 10 (d) When damaged, a nonconforming structure may be restored to the 11 configuration existing immediately prior to the time that the structure was 12 damaged, provided that: 13 (i) The structure is damaged to an extent not exceeding 50% of the 14 replacement cost of the original development. 15 (ii) The applicant applies for permits needed to restore the 16 development within 6 months of the date the damage occurred. 17 (iii) Reconstruction is started within 12 months and is completed within 18 24 months of the date of damage, unless an extension of time is 19 granted by the Shoreline Administrator upon written petition 20 substantiating to the satisfaction of the Administrator due cause for 21 such extension. 22 (iv) The degree of the nonconforming use, building, or structure is not 23 increased. 24 (e) Nothing in this section will prohibit vertical expansion up to the height 25 allowed in the applicable use environment, provided all other applicable 26 requirements of City's development regulations are met. 27 (f) Upkeep, repairs, and maintenance of a nonconforming structure or other 28 improvement shall be permitted. 29 (2) Should such structure or other improvement be moved for any reason for any 30 distance, it shall thereafter conform to the regulations for the use environment in 31 which it is located. Conformance shall be required when: 32 (a) A change of use is proposed; 33 (b) The use is terminated or discontinued for more than 1 year, or the 34 structure(s) that houses the use is vacated for more than 1 year; or 35 (c) The structure(s) or activity that occurs on the land in which the use is 36 conducted is proposed for relocation. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 157 Page 259 of 459 June 2015 1 (3) Residential structures and appurtenant structures that were legally established and 2 are used for a conforming use, but that do not meet standards for the following, 3 shall be considered a conforming structure: setbacks, buffers, or yards; area; bulk; 4 height; or density. 5 (4) For purposes of this section, "appurtenant structures" refer to garages, sheds, and 6 other legally established structures. Appurtenant structures do not include 7 bulkheads and other shoreline modifications or overwater structures. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 158 Page 260 of 459 2 29.01.700 3 (1 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 (2) 33 34 35 36 37 June 2015 Article VII. Administration and Enforcements Roles and Responsibilities Shoreline Administrator: (a) The Community and Economic Development Director of the City of Pasco or his/her designee shall serve as the Shoreline Administrator. The Shoreline Administrator shall issue written Shoreline Exemptions as appropriate, and in the case of a Shoreline Substantial Development Permit grant or deny the permit. The Shoreline Administrator shall administer the shoreline permit and notification systems, and shall be responsible for coordinating the administration of shoreline regulations with zoning enforcement, building permits, and all other regulations regarding land use and development in the City. (b) The Shoreline Administrator shall be familiar with regulatory measures pertaining to shorelines and their use, and, within the limits of his or her authority, shall cooperate in the administration of these measures. Permits issued under the provisions of this shoreline regulation shall be coordinated with other applicable land use and development regulatory measures of the City. The Shoreline Administrator shall establish procedures that advise all parties seeking building permits or other development authorization of the need to consider possible shoreline applications. It is the intent of City, consistent with its regulatory obligations, to simplify and facilitate the processing of Shoreline Substantial Development Permits. (c) The Shoreline Administrator shall ensure proposed regulatory or administrative actions do not unconstitutionally infringe upon private property rights. Shoreline goals and policies should be pursued through the regulation of development of private property only to an extent that is consistent with all relevant constitutional and other legal limitations (where applicable, statutory limitations such as those contained in RCW 82.02 and RCW 43.21C.060) on the regulation of private property. (d) The Shoreline Administrator shall apply PMC 29.01.500, Critical Areas. Hearing Examiner: (a) The Hearing Examiner shall have the authority to decide on appeals from administrative decisions issued by the Shoreline Administrator of this SMP. (b) The Hearing Examiner may grant or deny Shoreline Variances following a public hearing. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 159 Page 261 of 459 June 2015 1 (3) Planning Commission: 2 (a) The Planning Commission is vested with the responsibility to review the 3 SMP as part of regular SMP updates required by RCW 90.58.080 as a 4 major element of the City's planning and regulatory program and make 5 recommendations for amendments thereof to the City Council. 6 (b) The Planning Commission reviews Shoreline Special Use Permits, 7 following an open record hearing, and sends a recommendation to the 8 City Council. 9 (4) City Council. The City Council is vested with authority to: 10 (a) Initiate an amendment to this SMP according to the procedures prescribed 11 in WAC 173-26-100. 12 (b) Adopt all amendments to this SMP, after consideration of the 13 recommendation of the Planning Commission. Substantive amendments 14 shall become effective immediately upon adoption by Ecology. 15 (c) Approve or deny all shoreline Special Use Permits forwarded by the 16 Planning Commission pursuant to PMC 25.86.090. 17 (d) Conducts closed record appeal of any recommendation of the 18 Planning Commission pursuant to PMC 25.86.080. 19 (e) Decide on appeals from the administrative decisions issued by the 20 Shoreline Administrator. 21 29.01.710 Interpretation 22 (1) Under the administrative provisions, the Shoreline Administrator shall have 23 authority to interpret this SMP, when such interpretation is clearly consistent with 24 the goals and policies of this SMP and the SMA. 25 (2) The Shoreline Administrator shall consult with Ecology if formal written 26 interpretations are developed as a result of a lack of clear guidance in the SMA, 27 the SMP guidelines, or this SMP to ensure any are consistent with the purpose 28 and intent of RCW 90.58 and 173-26 WAC. 29 29.01.720 Statutory Noticing Requirements 30 (1) At a minimum, the Shoreline Administrator shall provide notice in accordance 31 with WAC 173.27-110 and may provide for additional noticing requirements. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 160 Page 262 of 459 June 2015 1 29.01.730 Application Requirements 2 (1) A complete application for a Shoreline Substantial Development, 3 Shoreline Special Use, or Shoreline Variance Permit shall contain, at a minimum, 4 contain the information listed in WAC 173-27-180. 5 (2) The Shoreline Administrator shall provide written informational materials, 6 procedures, instructions, and forms required to submit an application for a 7 Shoreline Substantial Development Permit, Variance Permit, or Special Use 8 Permit. 9 (3) These materials should include: a plan coversheet; a Joint Aquatic Resource 10 Permits Application (DARPA) form; a SEPA checklist; a fee schedule; review 11 criteria; and the process and timelines to assist potential applicants and interested 12 parties on the permit application submittal and review process. 13 (4) The Shoreline Administrator may vary or waive these requirements according to 14 administrative application requirements on a case-by-case basis. 15 (5) The Shoreline Administrator may require additional specific information 16 depending on the nature of the proposal and the presence of sensitive ecological 17 features or issues related to compliance with other applicable requirements and 18 the provisions of this SMP. 19 29.01.740 Shoreline Substantial Development Permits 20 (1) A Shoreline Substantial Development Permit shall be required for all 21 development on shorelines, unless the proposal is specifically exempted per 22 PMC 29.01.770. Shoreline Substantial Development permits shall be processed as 23 an administrative permit. 24 (2) The Shoreline Administrator shall review Substantial Development Permit 25 applications, as required in PMC 29.01.730, and approve or deny the permit. 26 (3) The Shoreline Administrator shall provide notice in accordance with 27 WAC 173.27-110 and may provide additional notice, according to the City's 28 noticing requirements. 29 (4) A Shoreline Substantial Development Permit shall be granted only when the 30 development proposed is consistent with: 31 (a) The policies and procedures of the SMA, RCW 90.58; 32 (b) The applicable provisions of WAC 173-27; and 33 (c) This SMP. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 161 Page 263 of 459 June 2015 1 (5) The Shoreline Administrator may attach conditions to the approval of permits as 2 necessary to ensure consistency of the project with the SMA and this SMP. 3 (6) Nothing shall interfere with the City's ability to require compliance with all other 4 applicable plans and laws. 5 29.01.750 Shoreline Special Use Permits 6 (1) Uses specifically classified or set forth in this SMP as conditional uses shall be 7 subject to review and condition by the Shoreline Administrator and Ecology. 8 Applications for a Shoreline Special Use Permit shall be processed pursuant to 9 PMC 25.86. 10 (2) Other uses, which are not classified or listed or set forth in this SMP, may be 11 authorized as conditional uses provided the applicant can demonstrate consistency 12 with the requirements of this Section and the requirements for conditional uses 13 contained in this SMP. 14 (3) Uses that are specifically prohibited by this SMP may not be authorized as a 15 conditional use. 16 (4) Review Criteria for Shoreline Special Use Permit. Uses that are classified or set 17 forth in the applicable SMP as conditional uses may be authorized provided that 18 the applicant demonstrates all of the following: 19 20 21 22 23 24 25 26 27 WN 29 30 31 32 33 34 (a) That the proposed use is consistent with the policies of RCW 90.58.020 and the SMP; (b) That the proposed use will not interfere with the normal public use of public shorelines; (c) That the proposed use of the site and design of the project is compatible with other authorized uses within the area and with uses planned for the area under the Comprehensive Plan and SMP; (d) That the proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located; and (e) That the public interest suffers no substantial detrimental effect. (5) In the granting of all Shoreline Special Use Permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area. For example, if Shoreline Special Use Permits were granted for other developments in the area where similar circumstances exist, the total of the conditional uses shall also remain consistent with the policies of RCW 90.58.020 and shall not produce substantial adverse effects to the shoreline environment. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 162 Page 264 of 459 June 2015 1 (6) In authorizing a conditional use, special conditions may be attached to the permit 2 by the City or Ecology to prevent undesirable effects of the proposed use and/or 3 to ensure consistency of the project with the SMA and this SMP. 4 (7) Nothing shall interfere with the City's ability to require compliance with all other 5 applicable plans and laws. 6 29.01.760 Shoreline Variance Permits 7 (1) The purpose of a variance is to grant relief to specific bulk, dimensional, or 8 performance requirements set forth in this SMP where there are extraordinary or 9 unique circumstances relating to the property such that the strict implementation 10 of this SMP would impose unnecessary hardships on the applicant or thwart the 11 policies set forth in RCW 90.58.020. Variances from the use regulations of the 12 SMP are prohibited. Applications for Shoreline Variance Permits shall be 13 processed pursuant to PMC 25.84.020 and PMC 29.01.760 (2). 14 (2) Review Criteria: 15 (a) Shoreline Variance Permits should be granted in circumstances where 16 denial of the permit would result in a thwarting of the policy enumerated 17 in RCW 90.58.020. In all instances, the applicant must demonstrate that 18 extraordinary circumstances shall be shown and the public interest shall 19 suffer no substantial detrimental effect. 20 (b) Shoreline Variance Permits for development and/or uses that will be 21 located landward of the OHWM, as defined in RCW 90.58.030(2)(b), 22 and/or landward of any wetland, as defined in RCW 90.58.030(2)(h), may 23 be authorized provided the applicant can demonstrate all of the following: 24 (i) That the strict application of the bulk, dimensional, or performance 25 standards set forth in the SMP precludes, or significantly interferes 26 with, reasonable use of the property; 27 (ii) That the hardship described in criterion PMC 29.01.760 (2)(b)(i) of 28 this subsection is specifically related to the property and is the 29 result of unique conditions, such as irregular lot shape, size, or 30 natural features, and the application of the SMP, and not, for 31 example, from deed restrictions or the applicant's own actions; 32 (iii) That the design of the project is compatible with other authorized 33 uses within the area and with uses planned for the area under the 34 Comprehensive Plan and SMP and will not cause adverse impacts 35 on the shoreline environment; 36 (iv) That the variance will not constitute a grant of special privilege not 37 enjoyed by the other properties in the area; City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 163 Page 265 of 459 June 2015 1 (v) That the variance requested is the minimum necessary to afford 2 relief, and 3 (vi) That the public interest will suffer no substantial detrimental effect. 4 (c) Shoreline Variance Permits for development and/or uses that will be 5 located waterward of the OHWM, as defined in RCW 90.58.030(2)(b), or 6 within any wetland, as defined in RCW 90.58.030(2)(h), may be 7 authorized provided the applicant can demonstrate all of the following: 8 (i) That the strict application of the bulk, dimensional, or performance 9 standards set forth in the applicable SMP precludes all reasonable 10 use of the property; 11 (ii) That the proposal is consistent with the criteria established under 12 PMC 29.01.760 (2)(b) (i) -(iv) above can be met; and 13 (iii) That the public rights of navigation and use of the shorelines will 14 not be adversely affected. 15 (d) In the granting of all Shoreline Variance Permits, consideration shall be 16 given to the cumulative impact of additional requests for like actions in the 17 area. For example, if variances were granted to other developments and/or 18 uses in the area where similar circumstances exist, the total of the 19 variances shall also remain consistent with the policies of RCW 90.58.020 20 and shall not cause substantial adverse effects to the shoreline 21 environment. 22 29.01.770 Exemptions from Shoreline Substantial Development Permits 23 (1) An exemption from the Shoreline Substantial Development Permit process is not 24 an exemption from compliance with the SMA or this SMP, or from any other 25 regulatory requirements. All proposed uses, activities, or development occurring 26 within shoreline jurisdiction must conform to the intent and requirements of 27 RCW 90.58, the SMA, and this SMP, whether or not a permit or other form of 28 authorization is required. 29 (2) Letters of exemption shall be issued by the Shoreline Administrator when an 30 exemption applies or when a letter of exemption is required by the provisions of 31 WAC 173-27-050 and as follows: 32 (a) Any person claiming exemption from the Substantial Development Permit 33 requirements shall make an application to the Shoreline Administrator for 34 such an exemption in the manner prescribed by the 35 Shoreline Administrator, except that no written statement of exemption is 36 required for emergency development pursuant to WAC 173-27-040(2)(d). City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 164 Page 266 of 459 June 2015 1 (b) The Shoreline Administrator is authorized to grant or deny requests for 2 statements of exemption from the Shoreline Substantial Development 3 Permit requirement for uses and developments within shorelines that are 4 specifically listed in PMC Section 29.01.770 (4). The statement shall be in 5 writing and shall indicate the specific exemption of this SMP that is being 6 applied to the development and shall provide a summary of the 7 Shoreline Administrator's analysis of the consistency of the project with 8 this SMP and the SMA. The letter shall be sent to the applicant and 9 maintained on file in the offices of the Shoreline Administrator. 10 (c) Statements of exemption may contain conditions and/or mitigating 11 measures of approval to achieve consistency and compliance with the 12 provisions of this SMP and the SMA. 13 (d) A denial of an exemption shall be in writing and shall identify the 14 reason(s) for the denial. The Shoreline Administrator's decision may be 15 appealed pursuant to PMC 29.01.810, Appeals. 16 (e) Exempt activities requiring a JARPA shall not be conducted until a 17 statement of exemption has been obtained from the 18 Shoreline Administrator. 19 (3) Interpretations of Exemptions: 20 (a) Exemptions shall be construed narrowly. Only those developments that 21 meet the precise terms of one or more of the listed exemptions may be 22 granted exemption from the Shoreline Substantial Development Permit 23 process. 24 (b) A development or use that is listed as a conditional use pursuant to this 25 SMP, or is an unlisted use, must obtain a Shoreline Special Use Permit 26 even though the development or use does not require a 27 Shoreline Substantial Development Permit. When a development or use is 28 proposed that does not comply with the bulk, dimensional, and 29 performance standards of this SMP, such development or use can only be 30 authorized by approval of a Shoreline Variance Permit. 31 (c) The burden of proof that a development or use is exempt from the permit 32 process is on the applicant. 33 (d) If any part of a proposed development is not eligible for exemption, then a 34 Shoreline Substantial Development Permit is required for the entire 35 proposed development project. 36 (e) The Shoreline Administrator may attach conditions to the approval of 37 exempted developments and/or uses as necessary to ensure consistency of 38 the project with the SMA and this SMP. Additionally, nothing shall City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 165 Page 267 of 459 June 2015 1 interfere with each responsible local government's ability to require 2 compliance with all other applicable laws and plans. 3 (4) The City shall exempt from the Shoreline Substantial Development Permit 4 requirement the shoreline developments listed below: 5 (a) Any development of which the total cost or fair market value does not 6 exceed $6,416 or as adjusted by the State Office of Financial 7 Management, if such development does not materially interfere with the 8 normal public use of the water or shorelines of the state. For purposes of 9 determining whether or not a permit is required, the total cost or fair 10 market value shall be based on the value of development that is occurring 11 on shorelines of the state as defined in RCW 90.58.030 (2)(c). The total 12 cost or fair market value of the development shall include the fair market 13 value of any donated, contributed, or found labor, as well as equipment, or 14 materials. 15 (b) Normal maintenance or repair of existing legally established structures or 16 developments, including damage by accident, fire, or elements. 17 Replacement of a structure or development may be authorized as repair 18 where such replacement is the common method of repair for the type of 19 structure or development and the replacement structure or development is 20 comparable to the original structure or development, including, but not 21 limited to, its size, shape, configuration, location, and external appearance 22 and the replacement does not cause substantial adverse effects to shoreline 23 resources or environment. 24 (c) Construction of a normal protective bulkhead common to single-family 25 residences. A normal protective bulkhead includes those structural and 26 non-structural developments installed at or near, and parallel to, the 27 OHWM for the sole purpose of protecting an existing single-family 28 residence and appurtenant structures from loss or damage by erosion. A 29 normal protective bulkhead is not exempt if constructed for the purpose of 30 creating dry land. When a vertical or near vertical wall is being 31 constructed or reconstructed, not more than 1 cubic yard of fill per one 32 1 foot of wall may be used as backfill. When an existing bulkhead is being 33 repaired by construction of a vertical wall fronting the existing wall, it 34 shall be constructed no farther waterward of the existing bulkhead than is 35 necessary for construction of new footings. When a bulkhead has 36 deteriorated such that an OHWM has been established by the presence and 37 action of water landward of the bulkhead, then the replacement bulkhead 38 must be located at or near the actual OHWM. Bioengineered 39 erosion -control projects may be considered a normal protective bulkhead 40 when any structural elements are consistent with the above requirements 41 and when the project has been approved by WDFW. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 166 Page 268 of 459 June 2015 1 (d) Emergency construction necessary to protect property from damage by the 2 elements. An emergency is an unanticipated and imminent threat to public 3 health, safety, or the environment that requires immediate action within a 4 time too short to allow full compliance with this SMP. Emergency 5 construction does not include development of new permanent protective 6 structures where none previously existed. Where new protective structures 7 are deemed by the Shoreline Administrator to be the appropriate means to 8 address the emergency situation, and upon abatement of the emergency 9 situation, the new structure shall be removed or any permit that would 10 have been required, absent an emergency, pursuant to RCW 90.58 these 11 regulations, or this SMP, shall be obtained. All emergency construction 12 shall be consistent with the policies and requirements of this section, RCW 13 90.58, and this SMP. As a general matter, flooding or other seasonal 14 events that can be anticipated and may occur but that are not imminent are 15 not an emergency. 16 (i) The following criteria shall exist to qualify any action under an 17 emergency provision: 18 (A) There must be an immediate threat to life, or public or 19 private property, or an immediate threat of serious 20 environmental degradation arising from a natural condition, 21 or non -natural accident or incident; 22 (B) The emergency response shall be confined to the action 23 necessary to protect life or property from damage; 24 (C) The scope of the emergency response must be limited to the 25 work necessary to relieve the immediate threat; and 26 (D) The emergency response applies only to the period of time 27 in which the actual emergency exists. 28 (ii) Once the emergency is abated or dissipated as deemed by 29 jurisdictional authorities, compliance with the requirements of this 30 section is required. 31 (iii) Emergency actions shall use reasonable methods that minimize the 32 impact to critical areas and their buffers. Persons who take 33 emergency action shall notify the Shoreline Administrator within 34 1 working day following commencement of the emergency 35 activity. Following such notification, the Shoreline Administrator 36 shall determine if the action taken was within the scope and 37 definition of emergency actions as defined above. If the 38 Shoreline Administrator determines the action taken or any part of 39 the action taken was beyond the scope and definition of allowed City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 167 Page 269 of 459 June 2015 1 emergency actions, then the enforcement provisions of 2 PMC 29.01.830 shall apply. 3 (e) Construction and practices normal or necessary for farming, irrigation, and 4 ranching activities, including agricultural service roads and utilities on 5 shorelands and the construction and maintenance of irrigation structures, 6 including, but not limited to, head gates, pumping facilities, and irrigation 7 channels. A feedlot of any size, all processing plants, other activities of a 8 commercial nature, and alteration of the contour of the shorelands by 9 leveling or filling, other than that which results from normal cultivation, 10 shall not be considered normal or necessary farming or ranching activities. 11 (f) Construction or modification of navigational aids such as channel markers 12 37 and anchor buoys. 13 (g) Construction on shorelands by an owner, lessee, or contract purchaser of a 14 single-family residence or appurtenance for their own use or for the use of 15 their family, which residence does not exceed a height of 35 feet above 16 average grade level and which meets all requirements of the City, other 17 than requirements imposed pursuant to RCW 90.58. Construction 18 authorized under this exemption, shall be located landward of the OHWM. 19 (h) Construction of a dock, including a community dock designed for pleasure 20 craft only and for the private non-commercial use of the owner, lessee, or 21 contract purchaser of a single-family or multiple -family residence. This 22 exception applies when the fair market value of the dock does not exceed 23 $10,000, but if subsequent construction having a fair market value 24 exceeding $2,500.00 occurs within 5 years of completion of the prior 25 construction, the subsequent construction shall be considered a substantial 26 development for the purpose of this section. 27 (i) Operation, maintenance, repair, or construction of canals, waterways, 28 drains, reservoirs, or other facilities that now exist or are hereafter created 29 or developed as a part of an irrigation system for the primary purpose of 30 making use of system waters, including return flow and artificially stored 31 groundwater from the irrigation of lands. 32 (j) The marking of property lines or corners on state-owned lands, when such 33 marking does not significantly interfere with normal public use of the 34 surface of the water. 35 (k) Operation and maintenance of existing and future system of dikes, drains, 36 or other facilities existing on September 8, 1975 (where water is being 37 drained from irrigation runoff or shallow groundwater levels artificially 38 recharged through irrigation, and that), which are created, developed or 39 utilized primarily as a part of an agricultural drainage or diking system. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 168 Page 270 of 459 June 2015 1 (1) Any project with a certification from the governor pursuant to RCW 80.50 2 (certification from the State Energy Facility Site Evaluation Council). 3 (m) Site exploration and investigation activities that are prerequisite to 4 preparation of an application for development authorization under this 5 section, if - 6 £ 6 (i) The activity does not interfere with the normal public use of 7 surface waters; 8 (ii) The activity will have no significant adverse impact on the 9 environment, including, but not limited to, fish, wildlife, fish or 10 wildlife habitat, water quality, and aesthetic values; 11 (iii) The activity does not involve the installation of any structure and, 12 upon completion of the activity, the vegetation and land 13 configuration of the site are restored to conditions existing before 14 the activity; and 15 (iv) A private entity seeking development authorization under this 16 section first posts a performance bond or provides other evidence 17 of financial responsibility to the local jurisdiction to ensure the site 18 is restored to preexisting conditions. 19 (n) The process of removing or controlling aquatic noxious weeds, as defined 20 in RCW 17.26.020, through the use of an herbicide or other treatment 21 methods applicable to weed control published by the Departments of 22 Agriculture or Ecology jointly with other state agencies under 23 RCW 43.21C. 24 (o) Watershed restoration projects as defined in RCW 89.08.460. 25 (p) A public or private project that is designed to improve fish or wildlife 26 habitat or fish passage when all of the following apply: 27 (i) The project has been approved by WDFW; 28 (ii) The project has received HPA by WDFW pursuant to RCW 77.55; 29 (iii) The City has determined that the project is substantially consistent 30 with the local SMP. The City shall make such determination in a 31 timely manner and provide it by letter to the applicant; and 32 (iv) Fish habitat enhancement projects that conform to the provisions 33 of RCW 77.55.181 are determined to be consistent with local 34 SMPs. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 169 Page 271 of 459 June 2015 1 (q) Any person conducting a remedial action at a facility pursuant to a consent 2 decree, order, or agreed order issued pursuant to RCW 70.105D or to 3 Ecology when it conducts a remedial action under RCW 70.105D. 4 (r) Other than conversions to non -forest land use, forest practices regulated 5 under RCW 76.09 are not subject to additional regulations under the SMA 6 or this SMP (90.58.030(2)(d)(ii)). 7 29.01.780 Duration of Permits 8 (1) The duration of permits shall be consistent with WAC 173-27-090 as follows: 9 (a) Construction activities shall be commenced or, where no construction 10 activities are involved, the use or activity shall be commenced within 11 2 years of the effective date of a substantial development permit. The City 12 may authorize a single extension for a period not to exceed 1 year based 13 on reasonable factors if a request for extension has been filed before the 14 expiration date and notice of the proposed extension is given to parties of 15 record on the substantial development permit and to the department. 16 (b) Authorization to conduct development activities shall terminate 5 years 17 after the effective date of a Substantial Development Permit. However, the 18 City may authorize a single extension for a period not to exceed 1 year 19 based on reasonable factors if a request for extension has been filed before 20 the expiration date and notice of the proposed extension is given to parties 21 of record and to the department. 22 29.01.790 Initiation of Development 23 (1) Each permit for a Substantial Development, Shoreline Special Use, or 24 Shoreline Variance issued by local government shall contain a provision that 25 construction pursuant to the permit shall not begin and is not authorized until 26 21 days from the date of receipt with Ecology as defined in RCW 90.58.140(6) 27 and WAC 173-27-130, or until all review proceedings initiated within 21 days 28 from the date of receipt of the decision. The date of filing for a 29 Substantial Development Permit is the date of actual receipt by Ecology of a local 30 government's final decision on the permit. With regard to a permit for a 31 Shoreline Variance or a Shoreline Special Use, date of filing means the date a 32 responsible local government or applicant receives the written decision of 33 Ecology. When a Substantial Development Permit and a Special Use or Variance 34 Permit are required for a development, the submittal on the permits shall be made 35 concurrently. 36 (2) Permits for Substantial Development, Shoreline Special Use, or 37 Shoreline Variance may be in any form prescribed and used by the City, including 38 a combined permit application form. Such forms will be supplied by the City. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 170 Page 272 of 459 June 2015 1 (3) A permit data sheet shall be submitted to Ecology with each shoreline permit. The 2 permit data sheet form shall be consistent with WAC 173-27-990. 3 29.01.800 Review Process 4 (1) After the City's approval of a Shoreline Special Use or Variance Permit, the City 5 shall submit the permit to Ecology for approval, approval with conditions, or 6 denial. Ecology shall render and transmit to the City and the applicant its final 7 decision approving, approving with conditions, or disapproving the permit within 8 30 days of the date of submittal by the City pursuant to WAC 173-27-110. 9 (2) Ecology shall review the complete file submitted by the City on Shoreline Special 10 Use or Variance Permits and any other information submitted or available that is 11 relevant to the application. Ecology shall base its determination to approve, 12 approve with conditions, or deny a Special Use Permit or Variance Permit on 13 consistency with the policy and provisions of the SMA and except as provided in 14 WAC 173-27-210 and the criteria in WAC 173-27-160 and 173-27-170. 15 (3) The City shall provide timely notification of the Ecology's final decision to those 16 interested persons having requested notification from local government pursuant 17 to WAC 173-27-130. 18 29.01.810 Appeals 19 (1) Appeals of Shoreline Permit Decisions. The City's decisions on shoreline permits 20 may be appealed to the following bodies in this sequence: 21 (a) Pasco City Council in accordance with PMC 25.86.080. 22 (b) State Shorelines Hearings Board (SHB) in Tumwater. 23 (c) SHB decisions may be appealed to superior court. 24 (d) Superior court decisions may be appealed to the Court of Appeals. 25 (e) Appeals Court decisions may be appealed to the Washington Supreme 26 Court. 27 (f) Appeals to the SHB and courts are governed by RCW 90.58.180, 28 RCW 43.21B.001, RCW 34.05 Part V, and WAC 461.08. 29 (2) All requests for review of any final permit decisions under RCW 90.58 and 30 WAC 173-27 are governed by the procedures established in RCW 90.58.180, 31 WAC 461-08, and the rules of practice and procedure of the SHB. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 171 Page 273 of 459 June 2015 1 29.01.820 Amendments to Permits 2 (1) A permit revision is required whenever the applicant proposes substantive 3 changes to the design, terms, or conditions of a project from that which is 4 approved in the permit. Changes are substantive if they materially alter the project 5 in a manner that relates to its conformance to the terms and conditions of the 6 permit, the SMP, and/or the policies and provisions of RCW 90.58. Changes that 7 are not substantive in effect do not require approval of a revision. 8 (2) Revisions to permits shall be considered consistent with WAC 173-27-100. 9 29.01.830 Enforcement 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 (1) The SMA provides for a cooperative program between the City and Ecology to implement and enforce the provisions of the SMA and this SMP. This section provides for a variety of means of enforcement, including civil and criminal penalties, orders to cease and desist, and orders to take corrective action, in accordance with WAC 173-27-270, 173-27-280, 173-27-290, and 173-27-300, and PMC 25.08. The enforcement means and penalties provided herein are not exclusive and may be taken or imposed in conjunction with, or in addition to, any other civil enforcement actions and civil penalties, injunctive or declaratory relief, criminal prosecution, actions to recover civil or criminal penalties, or any other action or sanction authorized by this section, or any other provision of the PMC, or any other provision of state or federal law and regulation. (2) The Shoreline Administrator, with the assistance of the City Attorney, shall have authority to commence and prosecute any enforcement action authorized by this section. In determining the appropriate enforcement actions to be commenced and prosecuted, the Shoreline Administrator shall consider the following factors: (a) The nature of the violation; (b) The extent of damage or potential future risk to the shoreline environment and its ecological functions or to the public health and safety, caused by or resulting from, whether directly or indirectly, the alleged violation; (c) The existence of knowledge, intent, or malice on behalf of the violator; (d) The economic benefit or advantage that accrued to the violator(s) as a result of the violation; and (e) The estimated actions and costs of providing adequate mitigation, restoration, rehabilitation, or enhancement to repair or minimize any substantial adverse impacts upon the shoreline environment and its ecological functions or the public health and safety. City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 172 Page 274 of 459 June 2015 1 (3) The Shoreline Administrator may commence and prosecute enforcement action 2 jointly with Ecology. Pursuant to WAC 173-27, Ecology may initiate and 3 prosecute enforcement action separate from the Shoreline Administrator. 4 29.01.840 Cumulative Effects of Shoreline Developments 5 (1) The City will periodically evaluate the effectiveness of the SMP update for 6 achieving no net loss of shoreline ecological functions with respect to shoreline 7 permitting and exemptions. At the end of the first full year after adoption, and at 8 the end of every other year thereafter, the Shoreline Administrator shall prepare a 9 report documenting shoreline Substantial Development Permits, Special Use 10 Permits, and Variances, including the exempt use activity approvals and the 11 locations and effects of each by type and classifications. The report should 12 include activities involving development, conservation, restoration, mitigation, 13 and enforcement. It should summarize the net change of developments (including 14 new development and decommissioning of structures and protected areas) using 15 indicators such as linear length of stabilization and flood hazard structures, 16 number of overwater structures (e.g., piers and docks), road length within 17 shoreline, number of waterbody road crossings, number of levees/dikes, acres of 18 impervious surface areas, acres of vegetation, acres of permanently protected 19 areas, or areas with limited development. Compliance and enforcement activity 20 will also be tracked. 21 (2) The Shoreline Administrator, will, to the extent feasible, coordinate with other 22 City departments or as adjacent jurisdictions, to assess cumulative effects of 23 shoreline development. 24 29.01.850 25 (1) 26 27 (2) 28 29 29.01.860 Amendments to Shoreline Master Program Amendments to the SMP shall be processed as legislative decisions pursuant to PMC 24.88 and WAC 173-26-110. Any locally approved amendments to the SMP will not become effective until approved by Ecology. Shoreline Environment Designation Maps or Official Shoreline Map City of Pasco Shoreline Master Program Draft Anchor QEA/Oneza & Associates 173 Page 275 of 459 v CD N 4 rn O Cn DRAFT ANCHOR OEA Map 1 Miles Subreach 1 a - Reach 2 0 0.5 1 City of Pasco Environment Designations 0 City of Pasco, WA w o 9116, 1 42" n 5 n C °,• - ♦ .#. 1L'R'i UI o <. -.. _ ,. i � +Z ,. rt •" '. a 0 der/ LU aaw `f m CL U_ yY'. :. � M ,`'P � •_;v, � Y�y�� '"q 'fi' 'If �s f"* � � _fir i ���� I Kennewick AMR.-.�h ♦ !v CD DRAFT IV 4 ANCHOR Miles Ln OEA 0 0.5 LEGEND Reach Break Incorporated City of Pasco Urban Growth Area ® County Boundary Q SMA Jurisdiction Environment Designation Natural Public Flood Protection Recreation Shoreline Residential J. Urban Conservancy fi r� Y NOTES: 1. This information is to be used for planning purposes only. Data is displayed as is and without any guarantee of accuracy or completeness. 2. Aerial image courtesy of USDA NAIP (2013). Franklin Walla Walla Map 2 Subreaches 3a - 4b City of Pasco Environment Designations City of Pasco, WA -A& Jim, LEGEND At u J1, C A, OIL, r5i jx 'oq mz rl NN wit, 19-1O Zi Vis I WON �P�� I V, - 31, , -1 1 ISI '17 Pasco Environment Designation Affl. md t �P Adak lK.'n ,77 10*4 NOTES: ix.a 'q i s 17 r T;-- f CD DRAFT Map 3 OD 0 h Lk ANCHOR OEA co ^`V W m N 4 CO 0 DRAFT Lk )Pl ANCHOR OEA LEGEND 0 Environment Designation 1 T y l v f , '4.ti'%.� ''�'ti •418' 1 ay, F 4 i � � e Map 4 APPENDIX A CITY OF PASCO REACH CHARACTERIZATION TABLES AND REACH MAPS Page 280 of 459 v CD N 00 0 ANCHOR OEA Map 1 Miles Subreach 1 a - Reach 2 0 0.5 1 City of Pasco Shoreline Master Program 0 City of Pasco, WA CD K) 00 PO 0 ANCHOR 0 E A co PY-1 - T ir W-1 � t" I ij - f vl% -14 Miles 0.5 I Franklin Vla��a Walla Map 2 Subreaches 3a - 4b City of Pasco Shoreline Master Program City of Pasco, WA LEGEND Wf Reach Break Incorporated City of Pasco Urban Growth Area County Boundary SMA Jurisdiction NWI Wetland 100 -year Floodplain 500 -year Floodplain Franklin Vla��a Walla Map 2 Subreaches 3a - 4b City of Pasco Shoreline Master Program City of Pasco, WA Wf NOTES: 1. This information is to be used for planning purposes only. Data is displayed as is and without any guarantee of accuracy or completeness. 2. Aerial image courtesy of USDA NAIP (2013). 3. NWI data acquired from USFWS. 4. Floodplain and floodway data acquired from FEMA. Franklin Vla��a Walla Map 2 Subreaches 3a - 4b City of Pasco Shoreline Master Program City of Pasco, WA CD IV Do CA) 0 rim s I � P, � r- ? °"Kennew ck Coq, ��'�},� �_ -� • N"'x: fit `' �"� - <akmbia - i. x Gr f _ I „ t a^• Lk )PANCHOR I OEA LEGEND Reach Break Incorporated City of Pasco Urban Growth Area County Boundary Q SMA Jurisdiction NWI Wetland 100 -year Floodplain NOTES: 1. This information is to be used for planning purposes only. Data is displayed as is and without any guarantee of accuracy or completeness. 2. Aerial image courtesy of USDA NAIP (2013). 3. NWI data acquired from USFWS. 4. Floodplain and floodway data acquired from FEMA. Franklin 0 Pasco Benton Wada 82 Walla Map 3 Miles Subreaches 5a - 6c 0 0.5 1 City of Pasco Shoreline Master Program 0 City of Pasco, WA • 5, p� !� . Pascoe "r �i� ,�.�•� ._ .�` ;! �'r` 4LL fix.• �.31� yr �` �xC., , ;'I�,�Yi ryd� 1 'J-YlT��e: �I6 +4+ ' d �S F•� .TAP" .�' 'iGo F`'. • L.. y '� ."+.e ;c"'r-,diva k .'p fir. A;. _ If 7 s I � P, � r- ? °"Kennew ck Coq, ��'�},� �_ -� • N"'x: fit `' �"� - <akmbia - i. x Gr f _ I „ t a^• Lk )PANCHOR I OEA LEGEND Reach Break Incorporated City of Pasco Urban Growth Area County Boundary Q SMA Jurisdiction NWI Wetland 100 -year Floodplain NOTES: 1. This information is to be used for planning purposes only. Data is displayed as is and without any guarantee of accuracy or completeness. 2. Aerial image courtesy of USDA NAIP (2013). 3. NWI data acquired from USFWS. 4. Floodplain and floodway data acquired from FEMA. Franklin 0 Pasco Benton Wada 82 Walla Map 3 Miles Subreaches 5a - 6c 0 0.5 1 City of Pasco Shoreline Master Program 0 City of Pasco, WA • 5, s I � P, � r- ? °"Kennew ck Coq, ��'�},� �_ -� • N"'x: fit `' �"� - <akmbia - i. x Gr f _ I „ t a^• Lk )PANCHOR I OEA LEGEND Reach Break Incorporated City of Pasco Urban Growth Area County Boundary Q SMA Jurisdiction NWI Wetland 100 -year Floodplain NOTES: 1. This information is to be used for planning purposes only. Data is displayed as is and without any guarantee of accuracy or completeness. 2. Aerial image courtesy of USDA NAIP (2013). 3. NWI data acquired from USFWS. 4. Floodplain and floodway data acquired from FEMA. Franklin 0 Pasco Benton Wada 82 Walla Map 3 Miles Subreaches 5a - 6c 0 0.5 1 City of Pasco Shoreline Master Program 0 City of Pasco, WA E N C �( 0 L L a _ x m 7a T�: Y nqn� % z '•` ."III (y CD fV Cb ANCHOR L OEA o co 1 �Y 1W i. Trs i t + NOTES: * 1. This information is to be used for planning purposes only. Data is displayed as is and 44; ; ' without any guarantee of accuracy or � � completeness. 2. Aerial image courtesy of USDA NAIP (2013). 3. NWI data acquired from USFWS. 4. Floodplain and floodway data acquired Ik from FEMA. .ourb'ank'-= Franklin P Benton Map 4 Miles Reach 7 - Subreach 8b 0.5 1 City of Pasco Shoreline Master Program City of Pasco, WA LEGEND ` Reach Break Incorporated City of Pasco Urban Growth Area �s.. County Boundary SMA Jurisdiction NWI Wetland 100 -year Floodplain 4' �Y 1W i. Trs i t + NOTES: * 1. This information is to be used for planning purposes only. Data is displayed as is and 44; ; ' without any guarantee of accuracy or � � completeness. 2. Aerial image courtesy of USDA NAIP (2013). 3. NWI data acquired from USFWS. 4. Floodplain and floodway data acquired Ik from FEMA. .ourb'ank'-= Franklin P Benton Map 4 Miles Reach 7 - Subreach 8b 0.5 1 City of Pasco Shoreline Master Program City of Pasco, WA Appendix A City of Pasco Reach Characterization Tables and Reach Maps Reach 1 City of Pasco Reach Description: Columbia River from City of Pasco boundary to Interstate 182 bridge Shoreline Jurisdiction: 368 acres Source: https://fortress.wa.gov/ecy/coastalatlas/UlCoastalAtlas/Tools/ShorePhotos.aspx Subreaches (SRs); see Map 1: SR 1a: Begins at City of Pasco Urban Growth Area (UGA) boundary extending south to the edge of residential developments SR 1b: Extends 0.5 mile to the south to the edge of agricultural lands SR 1c: Extends 0.7 mile to the south to the beginning of river bend and where the City limits begin SR 1d: Extends 0.9 mile to the southeast to the edge of residential developments where the City limits end SR 1e: Extends 0.8 mile to the southeast to the Interstate 182 bridge and entirely within the UGA CHARACTERISTICS Ownership: Reach 1 is mostly private with a small amount (less than 10%) of public ownership. Land Use/Current Shoreline Master Program (SMP): Land use designation: • Current land uses are Low Density Residential, Mixed Residential, Mixed Residential Commercial, and Open Space Nature • Zoning — Suburban District (RS -20) and Residential Transition (RT) Current SMP Environment Designation: Rural and Urban (SR 1e) Inventory, Analysis, and Characterization Report October 2014 City of Pasco SMP Update A-1 131050-01.01 Page 285 of 459 Appendix A City of Pasco Reach Characterization Tables and Reach Maps Reach 1 City of Pasco Existing Land Cover/Development: Reach 1 includes a mix of natural unimproved land, riparian vegetation, agricultural land, roads, utilities, and residential structures. SR 1b and SR 1e include residential and accessory structures. SR 1c includes a boat dock, irrigation pump, and parking. SR 1d includes a boat launch. Geomorphic Character: Description: The shoreline throughout the reach consists of mostly of outburst flood deposits with relatively low banks. In addition, a minor amount of alluvium and sand dune deposits are located at the most downstream extent of the reach (SR 1e). Residential and some industry infrastructure are present along the shoreline throughout Reach 1. Hardened Banks: A minor amount of hardened banks appear to exist along the Reach 1 extent and is primarily associated with the Interstate 182 bridge crossing at downstream extent (SR 1e). Flooding and Geological Hazards: Flooding: Flooding is regulated by upstream dam operations and Lake Wallula pool elevation controls (SR 1d and SR 1e). Geological Hazards: SR 1b, 1c, and 1d have soils susceptible to erosion. SRs 1d and 1e contain slopes that are greater than 15% and underlain by dune sand, which make them designated landslide hazard areas. Existing Public Access: Reach 1 currently does not include any significant public access amenities. West Court Street parallels much of the Columbia River in this reach. Dent Road ends near the shoreline providing access to the publicly owned portion of the shoreline. The Pasco Ranch boat dock is also located on U.S. Army Corps of Engineers (USACE) property. Identified Public Access Improvements: The Rivershore Linkage and Amenity Plan (Pasco 2012) indicates opportunities to preserve right-of-ways on Dent Road in SR 1a. It also recommends the extension of the Sacajawea Heritage Trail in this reach. The Broadmoor Area Plan encompassing SR 1d plans to provide trail and boat accesses. ECOLOGICAL CONDITIONS Water Quantity and Sediment: Local inputs to water quantity include a minor drainage ditch in SR 1c. An irrigation pump in SR 1d appears to withdraw water from the reach. Sediment may aggrade in SR 1d where the normal pool elevation of Lake Wallula begins, which would likely cause reduced velocities. Agricultural runoff from SR 1a, 1c, and 1e may contribute some sediment, as well as a gravel mining operation in SR 1d. Inventory, Analysis, and Characterization Report October 2014 City of Pasco SMP Update A-2 131050-01.01 Page 286 of 459 Appendix A City of Pasco Reach Characterization Tables and Reach Maps Reach 1 City of Pasco Water Quality: Water quality may be slightly impacted from agricultural runoff in SR 1a, SR 1c, and SR 1e. Water quality may also be impacted by gravel mining in SR 1d and residential runoff in SR 1b and SR 1e. Boat use may also impact water quality throughout the reach. These impacts are expected to be minor compared to the volume of water in the river. Habitat Characteristics and Priority Habitat Species (PHS) Presence: This reach has minimal undeveloped habitat and is noted for presence of chukar, urban natural open space, waterfowl concentrations, and specifically, grebe species. The Columbia River in this reach supports a number of Endangered Species Act (ESA) -listed fish species, as identified in the Inventory, Analysis, and Characterization Report (IAC) Report. SR 1a: SR 1a is adjacent to an agricultural area with crops extending almost to the water. There is a 20 -to 50 -foot band of vegetation of mostly larger trees immediately adjacent to the shoreline. No docks occur in this subreach. SR 1b: SR 1b is adjacent to a low-density residential neighborhood with landscaped vegetation extending almost to the water's edge on several parcels. Some parcels maintain a 30 -foot band of vegetation, including larger trees along the shoreline edge of their property, although some have significantly more tree cover. This subreach does not include any residential docks. SR 1c: SR 1c contains upland lands in agricultural and orchard use. There is a small manmade/dredged off -channel area adjacent to Court Street and Dent Road that contains a private small craft boat dock and that may provide private access for the upland land owners. Shoreline vegetation is either absent or limited mainly to small shrubs in a wide 50- to 100 -foot band. Waterfowl, including grebes, are known to congregate here. SR 1d: The main land use in the northern half of this subreach is orchards, and the main use in the southern half is upland aggregate sorting operations. The river makes a bend along this subreach, and the riparian vegetation zone along the curve of this bend is wider. This zone may be partially flooded subject to changes in water levels, as aerial photos show some evidence of standing water and potential off -channel habitat. Farther downstream, the riparian vegetation becomes more confined and sparse where it is adjacent to the aggregate facility. The northern end of this subreach also contains a small embayment that is used as an intake water supply and water access area for foot traffic. Because shoreline riparian habitat is limited, this subreach provides lower functioning habitat to ESA -listed and resident fish species that populate the river. SR 1e: The north half of this subreach is adjacent to low-density residential development and includes another small portion of land near the Interstate 182 bridge. Along the residential area are five visible residential boat docks with two other informal river access points, and the riparian vegetation is thin and patchy, but does include overhanging trees and shrubs. Wildlife habitat is sparse due to development. The south half of this subreach is adjacent to agricultural use. Because shoreline riparian habitat is limited or patchy, this subreach provides lower functioning habitat to ESA -listed and resident fish species that populate the river. Inventory, Analysis, and Characterization Report October 2014 City of Pasco SMP Update A-3 131050-01.01 Page 287 of 459 Appendix A City of Pasco Reach Characterization Tables and Reach Maps Reach 1 City of Pasco ECOLOGICAL FUNCTIONS ANALYSIS SR 1a Level of Existing Function: Partially Functioning Stressors: Upland development: Orchard field and dirt maintenance access areas in between riparian area (approximately a 25 -feet width) an orchard, overhead power lines, a few non-native riparian species (Russian -olive). Recreational use: Informal water access area Potential Restoration Opportunities: Replace non-native riparian species with native alternatives. Control dust through placing gravel on access roads. Potential Protection Opportunities: Protect existing riparian areas. Provide stormwater controls consistent with Eastern Washington Stormwater Manual. SR 1b Level of Existing Function: Partially Functioning Stressors: Upland development: Single family residential development with irrigated landscaping, limited riparian areas in northern half of subreach, established riparian buffers in southern half though approximately half consists of non-native (Russian -olive species), informal water access paths. Potential Restoration Opportunities: Establish riparian plantings at northern half of subreach, considering the use of lower shrubs to preserve views of the water, consider incentives for homeowners to replace irrigated turf with native plantings of shrub -steppe or riparian vegetation. Replace non-native riparian species with native alternatives. Potential Protection Opportunities: Protect existing riparian areas. Provide stormwater controls consistent with Eastern Washington Stormwater Manual. SR 1c Level of Existing Function: Partially Functioning Stressors: Upland development: Irrigated agricultural fields, rural residential development, armored banks associated with infrastructure, small segment of W. Court Street within shoreline jurisdiction, non- native riparian species (Russian -olive) where tall trees are present. Recreational use: One overwater structure associated with informal boat launch. Potential Restoration Opportunities: Establish riparian buffer within central portion of subreach. Replace non-native riparian species with native alternatives. Potential Protection Opportunities: Protect existing riparian areas. Provide stormwater controls consistent with Eastern Washington Stormwater Manual. Inventory, Analysis, and Characterization Report October 2014 City of Pasco SMP Update A-4 131050-01.01 Page 288 of 459 Appendix A City of Pasco Reach Characterization Tables and Reach Maps Reach 1 City of Pasco SR 1d Level of Existing Function: Functioning Stressors: Upland development: Armoring within cove associated with infrastructure (water intake facilities), sparse non-native (Russian -olive) trees within riparian area. Recreational use: Upland recreation trails and a few water access areas at north side of subreach. Potential Restoration Opportunities: Replace non-native riparian species with native alternatives. Formalize recreation trail to discourage new informal trails through upland and riparian areas. Potential Protection Opportunities: Protect riparian area and intact shrub -steppe habitat. SR 1e Level of Existing Function: Partially Functioning Stressors: Upland development: Industrial development and Harris Road outside of shoreline jurisdiction, limited riparian buffer, and presence of non-native (Russian -olive) trees, single family residential development with irrigated landscaping and limited quantity of overwater structures, small area of upland irrigated agricultural fields adjacent to shoreline slope, W. Court Street, bridge for Highway 12 and Interstate 182. Recreational use: Boat ramp water access and associated trails to the water at north end of subreach. Potential Restoration Opportunities: Establish riparian buffers where not present, replace non-native riparian species with native alternatives, add vegetative filter strip where not present around agriculture fields. Potential Protection Opportunities: Protect existing riparian areas. Provide stormwater controls consistent with Eastern Washington Stormwater Manual. Inventory, Analysis, and Characterization Report October 2014 City of Pasco SMP Update A-5 131050-01.01 Page 289 of 459 Appendix A City of Pasco Reach Characterization Tables and Reach Maps Reach 2 City of Pasco Reach Description: Columbia River from Interstate 182 bridge (City limits boundary) to the end of waterfront residential developments Shoreline Jurisdiction: 102 acres a_ _�-=�, Source: https://fortress.wa.gov/ecy/coastalatlas/UlCoastalAtlas/Tools/ShorePhotos.aspx Subreaches; see Map 1: Not Applicable CHARACTERISTICS Ownership: Reach 2 is mostly private with a very small amount (less than 5%) of public ownership (Washington Department of Transportation). Land Use/Current SMP: Land use designation: • Current land uses are Low Density Residential and Open Space Nature • Zoning— Residential Suburban (RS -12) and Residential Suburban (RS -20) Current SMP Environment Designation: Urban Existing Land Cover/Development: Reach 2 is primarily residential and accessory structures and private boat docks. Parking, an inlet filtration pump (under the Interstate 182 bridge), and an irrigation pump station are also within this reach. Geomorphic Character: Description: The shoreline throughout the reach consists of outburst flood deposits with relatively low banks. Moderate -density residential infrastructure is present along the shoreline throughout this reach. Inventory, Analysis, and Characterization Report October 2014 City of Pasco SMP Update A-6 131050-01.01 Page 290 of 459 Appendix A City of Pasco Reach Characterization Tables and Reach Maps Reach 2 City of Pasco Hardened Banks: A minor amount of hardened bank exists along the reach extent at certain private docks and landscaped areas associated with waterfront residences. Flooding and Geological Hazards: Flooding: Flooding is regulated by Lake Wallula pool levels. Geological Hazards: There are no geologic hazard areas in Reach 2. Existing Public Access: Reach 2 is mostly privately owned and developed and doesn't include direct public access. There is one parking area beneath the Interstate 182 bridge, located adjacent to the Sacajawea Heritage Trail. Identified Public Access Improvements: The Rivershore Linkage and Amenity Plan (Pasco 2012) identifies an action to work with the Franklin County Irrigation District to provide public access on this property. ECOLOGICAL CONDITIONS Water Quantity and Sediment: No local water quantity or sediment inputs are noted in this reach. Sediment may aggrade in this reach from Yakima River input reaching the Lake Wallula pool, which may cause reduced velocities, although this predominately occurs on the right bank of the Columbia River. Water Quality: Minor inputs from residential runoff and boat traffic may slightly impact this reach. This reach is also likely in the mixing zone of the confluence between the Columbia River and Yakima River, so water quality may be impacted from Yakima River input. Habitat Characteristics and PHS Presence: This reach contains 21 overwater docks and ramps located in low density residential area. Landscaped vegetation extends to the river in most cases, and most yards have terracing and/or vertical bulkheads. Most residential land parcels within this reach have at least one row of trees adjacent to the water. Because of the residential nature of this reach, undeveloped areas do not exist in the uplands; therefore, wildlife habitat is limited and connectivity is low between the river and upland habitat areas. ESA -listed and resident fish species are expected to be present in the river. ECOLOGICAL FUNCTIONS ANALYSIS Level of Existing Function: Partially Functioning Stressors: Upland development: Single family residences with irrigated landscaping, fairly limited riparian buffers (though most parcels have at least a small area with a vegetative buffer), overwater structure docks for many parcels. Inventory, Analysis, and Characterization Report October 2014 City of Pasco SMP Update A-7 131050-01.01 Page 291 of 459 Appendix A City of Pasco Reach Characterization Tables and Reach Maps Reach 2 City of Pasco Potential Restoration Opportunities: Consider incentives for homeowners to convert irrigated turf to native plant species. Potential Protection Opportunities: Protect existing riparian areas. Provide stormwater controls consistent with Eastern Washington Stormwater Manual. Inventory, Analysis, and Characterization Report October 2014 City of Pasco SMP Update A-8 131050-01.01 Page 292 of 459 Appendix A City of Pasco Reach Characterization Tables and Reach Maps Reach 3 City of Pasco Reach Description: Columbia River from the upstream end of Chiawana Park to the edge of the hardened bank Shoreline Jurisdiction: 382 acres h5 i• - .,fir A 11 - fir. .:.'� •. .fu. �-""'�" _��� tT `-r Source:https:Hfortress.wa.gov/ecy/coastalatlas/UlCoastalAtlas/Tools/ShorePhotos.aspx Subreaches; see Map 2: SR 3a: Begins at the upstream end of Chiawana Park extending east to near Road 84 SR 3b: Extends 0.8 mile to the east ending at the edge of the hardened bank CHARACTERISTICS Ownership: Reach 3 is mostly owned by US Army Corps of Engineers with a very small amount (less than 5%) of private ownership. Land Use/Current SMP: Land use designation: • Current land uses are Low Density Residential and Open Space Nature • Zoning— Residential Suburban (RS -20) Current SMP Environment Designation: Urban Existing Land Cover/Development: Reach 3 predominantly consists of riparian vegetation, vacant land, park land (Chiawana Park) along with trail, parking, pier, and boat launch facilities. Geomorphic Character: Description: The shoreline throughout the reach consists of outburst flood deposits with relatively low banks. Inventory, Analysis, and Characterization Report October 2014 City of Pasco SMP Update A-9 131050-01.01 Page 293 of 459 Appendix A City of Pasco Reach Characterization Tables and Reach Maps Reach 3 City of Pasco Hardened Banks: Hardened bank exists at the Chiawana Park boat dock. Flooding and Geological Hazards: Flooding: Flooding is controlled by Lake Wallula pool elevations. Geological Hazards: There are no geologic hazard areas in Reach 3. Existing Public Access: Reach 3 has public access along Chiawana Park. The Sacajawea Heritage Trail parallels the shoreline in this reach. The park contains public access amenities such as a boat launch and pier. Identified Public Access Improvements: The Rivershore Linkage and Amenity Plan (Pasco 2012) identifies improvement of park amenities and adding a second boat launch and a beach along the park. The Plan also recommends improving the trail amenities by adding park areas at the termini of Roads 76 and 84 and developing the USACE area as an extension of Chiawana Park. ECOLOGICAL CONDITIONS Water Quantity and Sediment: A minor drainage ditch appears to be a minor input to SR 3a. No known local sediment inputs are noted. Water Quality: Water quality in this reach may be slightly impacted by residential and recreational (boating) use. Habitat Characteristics and PHS Presence: Reach 3 is primarily characterized by a park -like environment, with public use areas along the shoreline for the entirety of the reach. While shoreline vegetation is rather limited, open and undeveloped areas are present within several hundred feet of the shore, which may support limited numbers of upland mammal and bird species, and provide access from the upland areas to the shoreline. ESA -listed and resident fish species are present in the river. SR 3a: This subreach almost entirely comprises Chiawana Park, which exhibits riparian vegetation of several hundred feet in width at the northern end of the subreach. Otherwise, mowed areas extend to the water's edge. The park has landscaped areas and picnic pavilions throughout the upland area. There is one dock present in this subreach, an 80 -foot -long, T-shaped structure associated with the park. There is also a dredged inlet serving as a public boat launch at the southern end of this subreach. SR 3b: Low-density residential areas characterize this subreach with lawns that end about 275 feet short of the shoreline. The remaining area near the shoreline contains unvegetated areas with a multi -use recreational trail. Sparse trees in patchy zones are along the water's edge. These areas are identified as habitat for Townsend's ground squirrel and burrowing owl. Inventory, Analysis, and Characterization Report October 2014 City of Pasco SMP Update A-10 131050-01.01 Page 294 of 459 Appendix A City of Pasco Reach Characterization Tables and Reach Maps Reach 3 City of Pasco ECOLOGICAL FUNCTIONS ANALYSIS SR 3a Level of Existing Function: Partially Functioning Stressors: Upland development: Park development, including parking areas and buildings, irrigated turf landscaping, limited riparian buffer throughout park. Recreational use: Boat launch, overwater structures, shoreline trail associated with Chiawana Park. Potential Restoration Opportunities: Riparian buffer restoration within park. Potential Protection Opportunities: Protect intact shrub -steppe habitat. Provide stormwater controls consistent with Eastern Washington Stormwater Manual. SR 3b Level of Existing Function: Partially Functioning Stressors: Upland development: Bulkhead area and access road in central portion of subreach, some non-native species (Russian -olive) within riparian buffer. Recreational use: Multiple informal upland trails to water connected to formal paved trail at top of slope. Potential Restoration Opportunities: Replace non-native species with native alternatives. Formalize water access trails to discourage new informal access trails. Potential Protection Opportunities: Protect intact shrub -steppe and riparian habitat. Provide stormwater controls consistent with Eastern Washington Stormwater Manual. Inventory, Analysis, and Characterization Report October 2014 City of Pasco SMP Update A-11 131050-01.01 Page 295 of 459 Appendix A City of Pasco Reach Characterization Tables and Reach Maps Reach 4 City of Pasco Reach Description: Columbia River from the upstream edge of hardened bank to the downstream end of Wade Park Shoreline Jurisdiction: 463 acres ..r: a '�� do #"a �➢� „a . j "t`�'" - y i a Source:https:Hfortress.wa.gov/ecy/coastalatlas/UlcoastalAtlas/Tools/ShorePhotos.aspx Subreaches; see Map 2: SR 4a: Begins at the upstream edge of hardened bank to the downstream end of hardened bank SR 4b: Extending 1 mile to east ending at the downstream edge of Wade Park CHARACTERISTICS Ownership: Reach 4 is mostly owned by USACE with a very small amount (less than 5%) of private ownership. Land Use/Current SMP: Land use designation: • Current land uses are Low Density Residential and Open Space Nature • Zoning—Suburban District (RS -12), Suburban District (RS -20) and Suburban District (RS -1) Current SMP Environment Designation: Urban Existing Land Cover/Development: There is a levee along the entire stretch of SR 4a and parkland along the entire stretch of SR 4b. SR 4a groundcover consists mostly of riprap with a trail on top of the levee and some riparian vegetation. SR 4b groundcover consists of improved parkland (Wade Park) with a boat launch, piers, a trail, and gravel parking. Inventory, Analysis, and Characterization Report October 2014 City of Pasco SMP Update A-12 131050-01.01 Page 296 of 459 Appendix A City of Pasco Reach Characterization Tables and Reach Maps Reach 4 City of Pasco Geomorphic Character: Description: The shoreline throughout the reach consists of outburst flood deposits (SR 4a) and alluvium (SR 4b) with relatively low banks. Hardened Banks: Approximately 6,000 feet of artificial hardened banks exist along the Columbia River (left bank) and occur along the entire length of SR 4a. Flooding and Geological Hazards: Flooding: Flooding is controlled by Lake Wallula pool levels. Levees are present along SR 4a that reduce flooding potential. Geological Hazards: There are no geologic hazard areas in Reach 4. Existing Public Access: Reach 4 consists of the Sacajawea Heritage Trail on top of the levee and Wade Park. Access points to the trail are limited due to the drainage ditch behind the levee. Wade Park consists of a boat launch, piers, a trail, and gravel parking. Identified Public Access Improvements: The Rivershore Linkage and Amenity Plan (Pasco 2012 ) recommends adding amenities to the park, lowering the levee, creating beach area, and creating parks with boats or access points along Roads 60 and 68. ECOLOGICAL CONDITIONS Water Quantity and Sediment: A pump connected to a drainage ditch may locally impact water quantity in SR 4a. Sediment may be impacted by levees in subreach 4a as the hardened banks may cause higher velocities, which may result in more sediment movement, and cause potential aggradation in SR 4b downstream of the levees. Water Quality: Water quality may be slightly impacted from residential runoff and recreational use in this reach. Habitat Characteristics and PHS Presence: Reach 4 contains park and multi -use path shorelines adjacent to moderate residential development, offering undeveloped areas, but not a great deal of habitat. The shores are managed for the main use and recreational enjoyment. Fish and wildlife habitat is limited. SR 4a: Banks of this subreach are rocky, contain little to no vegetation, and are within 40 to 50 feet of the multi -use trail that lines the shore. There is a linear ditch that parallels the trail for the length of the subreach. Wetlands and waterfowl concentrations are found just offshore on the small channel islands. There are no docks in this subreach. SR 4b: This subreach contains three smaller docks and one larger dock at the western end of the subreach, all within the waterfront of Wade Park. The park exhibits mowed grass to the water's edge and shoreline vegetation is absent except for several sparse trees. As such, wildlife habitat is limited in this subreach. Inventory, Analysis, and Characterization Report October 2014 City of Pasco SMP Update A-13 131050-01.01 Page 297 of 459 Appendix A City of Pasco Reach Characterization Tables and Reach Maps Reach 4 City of Pasco ECOLOGICAL FUNCTIONS ANALYSIS SR 4a Level of Existing Function: Impaired Stressors: Upland development: Armored levee, single family residential, and irrigated agriculture upland of levee. Recreational use: Paved trail/maintenance road at top of levee. Potential Restoration Opportunities: Consider incorporating wood structure and vegetation where possible. Potential Protection Opportunities: Provide stormwater controls consistent with Eastern Washington Stormwater Manual. SR 4b Level of Existing Function: Partially Functioning Stressors: Upland development: Bulkhead area at north end of subreach, minimal riparian buffers, irrigated turf within Wade Park. Recreational use: Overwater structures and boat launch with informal parking associated with Wade Park. Potential Restoration Opportunities: Riparian buffer restoration within park. Potential Protection Opportunities: Provide stormwater controls consistent with Eastern Washington Stormwater Manual. Inventory, Analysis, and Characterization Report October 2014 City of Pasco SMP Update A-14 131050-01.01 Page 298 of 459 Appendix A City of Pasco Reach Characterization Tables and Reach Maps Reach 5 City of Pasco Reach Description: Columbia River from the edge of hardened bank upstream of US 395 (Blue Bridge) to State Route 397 bridge (Cable Bridge) Shoreline Jurisdiction: 195 acres Nil I AIS ( '. r f r i Source: https:Hfortress.wa.gov/ecy/coastalatlas/UlCoastalAtlas/Tools/ShorePhotos.aspx Subreaches; see Map 3: SR 5a: Begins at the edge of hardened bank to the US 395 bridge SR 5b: Extending 0.9 mile to the east to the upstream edge of water retention facility SR 5c: Extending 0.4 mile to the east to the downstream end of retention facility SR 5d: Extending 0.4 mile to the east to the State Route 397 bridge CHARACTERISTICS Ownership: Reach 5 is mostly owned by USACE, City of Pasco, and Washington Department of Transportation. There is a very small amount (less than 5%) of private ownership. Land Use/Current SMP: Land use designation: • Current land uses are Open Space Nature, Low Density Residential, Mixed Residential, Mixed Residential Commercial, Commercial, and Industrial • Zoning— Low Density Residential (R-1), Residential Suburban (RS -12), Residential Suburban (RS -20), Residential Park (RP) and Light Industrial (1-1) Current SMP Environment Designation: Urban Inventory, Analysis, and Characterization Report October 2014 City of Pasco SMP Update A-15 131050-01.01 Page 299 of 459 Appendix A City of Pasco Reach Characterization Tables and Reach Maps Reach 5 City of Pasco Existing Land Cover/Development: Reach 5 is primarily consists of a levee, riprap, a drainage ditch behind the levee, and a trail on top of the levee. There is riparian vegetation, parking, and a park facilities structure on SR 5c. A rail line on SR 5d is near the Blue Bridge. Geomorphic Character: Description: The shoreline throughout the reach consists of alluvium with relatively low banks through urban development area. Hardened Banks: Approximately 10,500 linear feet of artificial hardened banks exist along the Columbia River (left bank). Flooding and Geological Hazards: Flooding: Flooding is controlled by Lake Wallula pool levels. Levees are present along the reach, which reduce flooding potential. Geological Hazards: There are no geologic hazard areas in Reach 5. Existing Public Access: Reach 5 contains the Sacajawea Heritage Trail and Riverview Park. Similar to Reach 4, access points to the trail are limited due to the levee and drainage ditch behind the levee. Identified Public Access Improvements: The Rivershore Linkage and Amenity Plan (Pasco 2012 ) recommends improving the open space area near W. Haystad Street, adding beach area at the Wade Park entrance and south of the Riverview Park, adding a multi -use path over the Blue Bridge, developing the levee, and improving access from the levee to the river. ECOLOGICAL CONDITIONS Water Quantity and Sediment: Pumps connected to a drainage ditch (all subreaches) and a connected pond (in SR 5c) may locally impact water quantity. Sediment may be impacted by levees as the hardened banks may cause higher velocities, which may result in more sediment movement. Water Quality: Water quality may be slightly impacted from residential runoff and recreational use in this reach. Habitat Characteristics and PHS Presence: Reach 5 shorelines include park areas and multi -use paths, with mixed development ranging from residential to light industrial areas. There is little habitat for wildlife along the shoreline, and the habitat function of the nearshore river area is limited due to the lack of riparian vegetation along the shoreline. No PHS are noted within this reach, except for ESA -listed and resident fish in the river. SR Sa: Similar to SR 4a (in Reach 4), the banks of this subreach are rocky, contain little to no vegetation Inventory, Analysis, and Characterization Report October 2014 City of Pasco SMP Update A-16 131050-01.01 Page 300 of 459 Appendix A City of Pasco Reach Characterization Tables and Reach Maps Reach 5 City of Pasco and are within 40 to 50 feet of the multi -use trail that lines the shore. There is a linear ditch that parallels the trail for the length of the subreach. There are no docks within this subreach. Wildlife habitat is limited here due to the level of development. SR 5b: Similar to SR 5a, the banks of this subreach are rocky, contain little to no vegetation, and are within 40 to 50 feet of the multi -use trail that lines the shore. There is a linear ditch just landward of the trail that parallels the trail for the length of this subreach. There are no docks within this subreach. There is a shoreline park at the street end at South 25th Avenue where patchy shrubs occur. This subreach has limited habitat function for wildlife or aquatic species. SR 5c: The Pasco Youth Baseball Complex is adjacent to this subreach, and Riverview Park sits along the water. This subreach has shorelines similar to SR 5b, with rocky unvegetated shorelines, a multi -use path within 40 to 50 feet of the shore, and a linear ditch present. Riverview Park is directly east of an open -water pond approximately 1,000 feet in length that connects to the ditch on the pond's western end. The pond is not connected to the river, but does contain emergent vegetation and trees for upland wildlife habitat. SR 5d: Similar to SR 5a in this reach, the banks of this subreach are rocky, contain little to no vegetation, and are within 40 to 50 feet of the multi -use trail that lines the shore. There are no docks within this subreach but there is one small structure just west of the Cable Bridge across the Columbia River on the eastern end of SR 5d. Riparian habitat is limited in this subreach due to development and encroachment by the trail and highway, and this also affects the function of the nearshore aquatic habitat for fish species. ECOLOGICAL FUNCTIONS ANALYSIS SR 5a Level of Existing Function: Impaired Stressors: Upland development: Armored levee, residential and vacant lots upland of levee, substantial non-native species (Russian -olive) within vacant lot, Blue Bridge. Recreational use: Paved trail/maintenance road at top of levee. Potential Restoration Opportunities: Consider incorporating wood structure and vegetation where possible. Potential Protection Opportunities: Provide stormwater controls consistent with Eastern Washington Stormwater Manual. SR 5b Level of Existing Function: Impaired Stressors: Upland development: Armored levee, behind levee is a residential area at north end of subreach and industrial and vacant lands in southern portion. Recreational use: Paved trail/maintenance road at top of levee. Potential Restoration Opportunities: Consider incorporating wood structure and vegetation where Inventory, Analysis, and Characterization Report October 2014 City of Pasco SMP Update A-17 131050-01.01 Page 301 of 459 Appendix A City of Pasco Reach Characterization Tables and Reach Maps Reach 5 City of Pasco possible. Potential Protection Opportunities: Provide stormwater controls consistent with Eastern Washington Stormwater Manual. SR 5c Level of Existing Function: Impaired Stressors: Upland development: Armored levee, stormwater treatment basin landward of levee, substantial non-native species (Russian -olive) surrounding basin. Recreational use: Paved trail/maintenance road at top of levee. Potential Restoration Opportunities: Consider incorporating wood structure and vegetation where possible. Potential Protection Opportunities: Provide stormwater controls consistent with Eastern Washington Stormwater Manual. SR 5d Level of Existing Function: Partially Functioning Stressors: Upland development: Armored levee, Pasco Youth Baseball Complex and associated landscaping upland of levee, and infrastructure (water intake) at south end of this subreach. Recreational use: Paved trail/maintenance road at top of levee. Potential Restoration Opportunities: Consider incorporating wood structure and vegetation where possible. Potential Protection Opportunities: Protect intact shrub -steppe habitat upland of levee. Provide stormwater controls consistent with Eastern Washington Stormwater Manual. Inventory, Analysis, and Characterization Report October 2014 City of Pasco SMP Update A -I8 131050-01.01 Page 302 of 459 Appendix A City of Pasco Reach Characterization Tables and Reach Maps Reach 6 City of Pasco Reach Description: Columbia River from State Route 397 (Cable) bridge to the upstream edge of Sacajawea State Park Shoreline Jurisdiction: 744 acres 1W a !ORO l 1 l 1 / V F—+ �.., #tea ��,< T ��� .�� S►�.'.'ff - �-_�.,. Ya.. Source:https:Hfortress.wa.gov/ecy/coastalatlas/UlCoastalAtlas/Tools/ShorePhotos.aspx Subreaches; see Map 3: SR 6a: Begins at the Cable Bridge to the railroad bridge upstream of Schlagel Park SR 6b: From the railroad bridge to the end of marina facility/breakwater SR 6c: From the edge of marina facility/breakwater to the upstream edge of Sacajawea State Park CHARACTERISTICS Ownership: Reach 6 is entirely owned by Port of Pasco, with an exception of SR 6b. The Boat Basin in SR 6b is owned by USACE. Land Use/Current SMP: Land use designation: • Current land uses are Industrial and Open Space Nature • Zoning— Light Industrial (1-1), Heavy Industrial (1-3), Medium Density Residential (R-2) and Medium Density Residential (R-3) Inventory, Analysis, and Characterization Report October 2014 City of Pasco SMP Update A-19 131050-01.01 Page 303 of 459 Appendix A City of Pasco Reach Characterization Tables and Reach Maps Reach 6 City of Pasco Current SMP Environment Designation: Urban Existing Land Cover/Development: Reach 6 consists of a mix of riprap, riparian vegetation, a trail, a marina, residential structures, warehouses, parking, unimproved vacant land, and industrial land. SR 6a is mostly riprap that includes a barge dock. SR 397 crosses the shoreline on SR 6a. SR 6b has riparian vegetation around the marina and Schlagel Park. Industrial land cover dominates SR 6c. There is riparian vegetation on the edge of the shoreline in SR 6b and 6c. Geomorphic Character: Description: The shoreline throughout the reach consists of alluvium with relatively low banks through a developed area. Hardened Banks: Approximately 6,500 linear feet of artificial hardened banks exist along the Columbia River (left bank) within all the subreaches. Flooding and Geological Hazards: Flooding: Flooding is controlled by Lake Wallula pool levels. Levees are present along SR 6a, which reduce flooding potential. Geological Hazards: There are no geologic hazard areas in Reach 6. Existing Public Access: Sacajawea Heritage Trail parallels part of the shoreline in Reach 6 and shifts away from the shoreline in SR 6c. Schlagel Park area includes boat marina and related facilities. The Port of Pasco property in SR 6c does not include any major public access. Identified Public Access Improvements: The Port of Pasco Boat Basin/Marine Terminal Master Plan proposes improvements to the marina, and the addition of public beach, viewpoints, and a marina park. In addition to the Boat Basin Plan/Marine Terminal Master, the Rivershore Linkage and Amenities Plan (Pasco 2012) recommends development of water enjoyment facilities (e.g., dining) along the shoreline, improvement of trail connection between the boat basin and Pasco's urban center, and building a Sacajawea Trail underpass through the Schlagel Park boat basin neighborhood. The plan recommends building a shoreline park between the boat basin and Osprey Point. The Port of Pasco Osprey Pointe Business Park Plan indicates trail connections along the shoreline. ECOLOGICAL CONDITIONS Water Quantity and Sediment: No local impacts to water quantity are noted in this reach. Sediment may be impacted by levees as the hardened banks may cause higher velocities, which may result in more sediment movement in SR 6a and may cause aggradation in SR 6b where the levees end and velocities may slow. Inventory, Analysis, and Characterization Report October 2014 City of Pasco SMP Update A-20 131050-01.01 Page 304 of 459 Appendix A City of Pasco Reach Characterization Tables and Reach Maps Reach 6 City of Pasco Water Quality: Water quality may be impacted by industrial activities in SRs 6a and 6c and recreational activities throughout the reach. A boating area in SR 6b may have the potential for impacting water quality. Habitat Characteristics and PHS Presence: The shorelines of Reach 6 are generally armored and landscaped and offer little wildlife habitat, except for pockets of shallow water and riparian vegetation that appear near Cascade Marina and Sacajawea State Park. The reach is generally industrialized and landscaped for human use. ESA -listed and resident fish species occur within the Columbia River in this reach. SR A: Shorelines in this subreach are armored with riprap and contain overwater structures and several sets of piles, as well as a railroad bridge at the eastern end of this subreach. Riparian vegetation is absent, as access roads, parking lots, and the multi -use trail wind through the adjacent shoreline of the properties. Fish and wildlife habitat function is limited by this development. SR B: This subreach contains the Cascade Marina and Schlagel Park, which exhibit mostly armored shorelines with a thin strip of riparian tree vegetation around the perimeter of the marina embayment. The embayment has two large boat houses and one long dock with boat slips. Open water habitat is available for waterfowl and other birds, and quiet shallow water provides refugia for juvenile fish. SR C: The western third of this subreach, which contains the Port of Pasco building and property, has mowed landscaped areas along the water, as well as the multi -use trail 30 to 50 feet from the shore. Sparse vegetation grows in this area. The eastern two-thirds is industrialized in the uplands and has bare ground within 30 to 150 feet of the shore, but the immediate shoreline contains a sizeable riparian buffer with shrubs and trees next to the water for wildlife use. Nearing Sacajawea State Park on the eastern end of this subreach, waterfowl concentrations occur, and habitat begins to appear that could be potentially suitable for sage grouse and burrowing owl. There is one small dock at the end of Southeast Road 27. ECOLOGICAL FUNCTIONS ANALYSIS SR 6a Level of Existing Function: Impaired Stressors: Upland development: Armored levee, industrial development upland of levee, bridge for Highway 397 and railroad bridge, fill area waterward of levee alignment with warehouse structures and wooden overwater structures, mooring dolphins, and rock armoring with a small area of sheetpile armoring. Potential Restoration Opportunities: Consider incorporating wood structure and vegetation where possible. Replace creosote dock and dolphin material with material that has less water quality implications. Potential Protection Opportunities: Provide stormwater controls consistent with Eastern Washington Stormwater Manual. Inventory, Analysis, and Characterization Report October 2014 City of Pasco SMP Update A-21 131050-01.01 Page 305 of 459 Appendix A City of Pasco Reach Characterization Tables and Reach Maps Reach 6 City of Pasco SR 6b Level of Existing Function: Partially Functioning Stressors: Upland development: Breakwater structures, marina in central portion of subreach with covered and uncovered moorage, armored shoreline and upland parking lot, single family residential development in southern portion of subreach, shared dock. Recreational use: Trails along breakwater structures, boat ramp, and associated dock at Schlagel Park. Potential Restoration Opportunities: Incorporate riparian buffers where absent. Offer incentives for low -impact development stormwater measures. Potential Protection Opportunities: Protect existing riparian areas within park, near residential areas, and along breakwater structures. Provide stormwater controls consistent with Eastern Washington Stormwater Manual. SR 6c Level of Existing Function: Partially Functioning Stressors: Upland development: Vegetated riparian area with areas of mowed turf adjacent to Osprey Point, with undeveloped, non-native vegetated upland in this same vicinity. Southern portion of subreach includes industrial port development hard banks in moorage areas and elsewhere intact riparian buffers. Recreational use: Paved trail/maintenance road at top of levee, unpaved roads waterward of E. Commerce Street at south end of subreach. Potential Restoration Opportunities: Consider more riparian buffer areas within industrial complex. Potential Protection Opportunities: Preserve existing riparian vegetation and if possible do not mow these woody species. Provide stormwater controls consistent with Eastern Washington Stormwater Manual. Inventory, Analysis, and Characterization Report October 2014 City of Pasco SMP Update A-22 131050-01.01 Page 306 of 459 Appendix A City of Pasco Reach Characterization Tables and Reach Maps Reach 7 City of Pasco Reach Description: Columbia River from the upstream edge of Sacajawea State Park to Snake River just east of the Sacajawea State Park boat basin Shoreline Jurisdiction: 295 acres a _ Ail - t - Via• ..4'" d`i.wt __ r.,�T4 Source: https:Hfortress.wa.gov/ecy/coastalatlas/UlCoastalAtlas/Tools/ShorePhotos.aspx Subreaches; see Map 4: Not Applicable. CHARACTERISTICS Ownership: Reach 7 is owned by Washington State Parks and Recreation Commission. Land Use/Current SMP: Land use designation: • Current land use is Industrial and Open Space Nature • Zoning— Medium Industrial (1-2), and Heavy Industrial (1-3) Current SMP Environment Designation: Conservancy Existing Land Cover/Development: This reach primarily consists of riparian vegetation in the Sacajawea State Park. There is also a boat launch, dock, a beach, and utility poles within this reach. Geomorphic Character: Description: Reach 7 consists of a topographic low area at the confluence of the Columbia River and Snake River. The shoreline throughout the reach consists of alluvium with relatively low banks throughout Sacajawea State Park. Inventory, Analysis, and Characterization Report October 2014 City of Pasco SMP Update A-23 131050-01.01 Page 307 of 459 Appendix A City of Pasco Reach Characterization Tables and Reach Maps Reach 7 City of Pasco Hardened Banks: Approximately 100 feet of hardened banks exist along the reach extent associated with the State Park basin boat launch. Flooding and Geological Hazards: Flooding: Flooding is controlled by Lake Wallula pool levels. Sacajawea State Park in this reach is within the 100 -year floodplain. Geological Hazards: There are no geologic hazard areas in Reach 7. Existing Public Access: Reach 7 consists of Sacajawea State Park at the confluence of the Snake and Columbia Rivers. This park has historic value regarding the Lewis and Clark Expedition and contains a museum and interpretive center. The park includes boat launch, dock, campsite, and beach area. Identified Public Access Improvements: The Rivershore Linkage and Amenities Plan (Pasco 2012) identifies adding camping facilities and educational opportunities to Sacajawea State Park, and extending the Sacajawea Heritage Trail toward the Columbia Plateau/Ice Harbor Dam trail linkage. ECOLOGICAL CONDITIONS Water Quantity and Sediment: No local impacts to water quantity or sediment are identified. Water Quality: Water quality in this reach may be impacted by recreational use. Wetlands part of Sacajawea State Park may also have a slight impact on water quality in this reach. Habitat Characteristics and PHS Presence: Reach 7 entirely contains Sacajawea State Park, which occurs at the confluence of the Snake and Columbia Rivers. The park has relatively large expanses of undeveloped or restored shoreline with landscaped or natural trees and pockets of off -channel shallow water habitat. The upland portion of the park contains shrub -steppe habitat for upland wildlife species. There is also one armored embayment with a dock and boat launch along the Snake River side of the park. ESA -listed fish species use both rivers for migration and rearing habitat. Compared to adjacent reaches, this reach provides enhanced nearshore aquatic habitat rearing and migratory functions as a result of the intact riparian habitat, characterized by multiple species of native plants, trees, and shrubs. ECOLOGICAL FUNCTIONS ANALYSIS Level of Existing Function: Partially Functioning Stressors Upland development: Park development including five overwater structures, a boat launch, a swim beach, upland turf areas. Overall contains substantial riparian buffer areas, outside of park within upland areas non-native Russian -olive species. Inventory, Analysis, and Characterization Report October 2014 City of Pasco SMP Update A-24 131050-01.01 Page 308 of 459 Appendix A City of Pasco Reach Characterization Tables and Reach Maps Reach 7 City of Pasco Recreational use: Upland trails, water access, boat use. Potential Restoration Opportunities: Consider incorporating more riparian buffer plantings near the boat launch area at northeast side of subreach. Replace non-native species with native alternatives. Potential Protection Opportunities: Preserve existing riparian and shrub -steppe habitat. Provide stormwater controls consistent with Eastern Washington Stormwater Manual. Inventory, Analysis, and Characterization Report October 2014 City of Pasco SMP Update A-25 131050-01.01 Page 309 of 459 Appendix A City of Pasco Reach Characterization Tables and Reach Maps Reach 8 City of Pasco Reach Description: Snake River just upstream of confluence with Columbia River, extending from City UGA eastern boundary to near Sacajawea State Park Shoreline Jurisdiction: 260 acres 1 f K{� -- -'• SSI � .. -. t: .sA' Source:https:Hfortress.wa.gov/ecy/coastalatlas/UlCoastalAtlas/Tools/ShorePhotos.aspx Subreaches; see Map 4: SR 8a: Begins at Sacajawea Sate Park to the edge of industrial developments SR 8b: Extends 0.5 mile to the north ending at the US 12 bridge CHARACTERISTICS Ownership: SR 8a is owned by Washington State Parks and Recreation Commission and federal government. SR 8b is mostly private with a small amount (less than 10%) of federal ownership. Land Use/Current SMP: Land use designation: • Current land uses are Industrial and Open Space Nature • Zoning— Light Industrial (1-1), Medium Industrial (1-2), and Heavy Industrial (1-3) Current SMP Environment Designation: Urban Existing Land Cover/Development: SR 8a is mostly unimproved natural land with riparian vegetation. SR 8a includes a rail crossing. SR 8b includes State Route 12 crossing, a fuel storage tank, and barge facilities. Geomorphic Character: Description: The shoreline in this reach consists mostly of outburst flood deposits. The reach consists of low bank areas near the confluence with the Columbia River. Lake Wallula levels fluctuate with downstream dam management practices. Hardened Banks: Approximately 7,200 linear feet of artificial hardened banks exist along the Columbia River (left bank) within all the subreaches. Inventory, Analysis, and Characterization Report October 2014 City of Pasco SMP Update A-26 131050-01.01 Page 310 of 459 Appendix A City of Pasco Reach Characterization Tables and Reach Maps Reach 8 City of Pasco Flooding and Geological Hazards: Flooding: Flooding is controlled by Lake Wallula pool levels. Sacajawea State Park in SR 8a is located in the 100 -year floodplain. Geological Hazards: SR 8b contains slopes that are greater than 15% underlain by alluvium, which make them designated landslide hazard areas. Existing Public Access: Reach 8 does not have public access. SR 8a is primarily unimproved and SR 8b is developed with industrial/barge facilities. Identified Public Access Improvements: The Rivershore Linkage and Amenities Plan (Pasco 2012) recommends planning and designing a Sacajawea Heritage Trail extension through the Ainsworth Town site (SR 8a), improving amenities, developing Town of Ainsworth archaeology site, and adding a pedestrian bridge to the side of the Burlington Northern Santa Fe bridge if feasible. Public Access Opportunities: ECOLOGICAL CONDITIONS Water Quantity and Sediment: Irrigation pumps in SR 8b may have a slight impact on water quantity. Agricultural runoff may cause slight sediment input. Water Quality: Water quality may be slightly impacted by agricultural and industrial runoff within the reach. Habitat Characteristics and PHS Presence: This reach is adjacent to industrial facilities and artificially hardened shorelines, including a railroad next to the water and numerous overwater structures. There are artificially hardened shorelines along the entire reach, which significantly reduce the function of the riparian zone. SR 8a: This subreach contains barge moorage area and overwater structures, which artificially shade the water in the river. Habitat is limited to open water areas of the Snake River that provide habitat for ESA -listed and resident fish species, as well as areas for waterfowl concentrations. Greater sage grouse breeding habitat occurs in the upland shrub -steppe areas flanking the shoreline of this subreach. SR 8b: This subreach contains the US 12 bridge, which creates artificially shaded overwater cover. Similar to SR 1a, habitat is limited to open water areas of the Snake River that provide habitat for ESA -listed and resident fish species, as well as areas for waterfowl concentrations. There is also greater sage grouse breeding habitat in the upland shrub -steppe areas flanking the shoreline of this subreach. Inventory, Analysis, and Characterization Report October 2014 City of Pasco SMP Update A-27 131050-01.01 Page 311 of 459 Appendix A City of Pasco Reach Characterization Tables and Reach Maps Reach 8 City of Pasco ECOLOGICAL FUNCTIONS ANALYSIS SR 8a Level of Existing Function: Partially Functioning Stressors: Upland development: Non-native riparian species (Russian -olive), railroad corridor and railroad bridge. Potential Restoration Opportunities: Replace non-native species with native alternative. Potential Protection Opportunities: Provide stormwater controls consistent with Eastern Washington Stormwater Manual. SR 8b Level of Existing Function: Impaired Stressors: Upland development: Railroad corridor along shoreline, industrial structures and Port development and vessel use, very limited riparian buffers and non-native Russian -olive species where riparian buffer exists, US 12 bridge. Recreational use: Informal roads and possibly off-road vehicle recreation use within upland areas. Potential Restoration Opportunities: Incorporate riparian buffers where absent. Replace non-native species with native alternatives. Potential Protection Opportunities: Protect intact shrub -steppe habitat from degradation by limiting recreation use. Provide stormwater controls consistent with Eastern Washington Stormwater Manual. Inventory, Analysis, and Characterization Report October 2014 City of Pasco SMP Update A-28 131050-01.01 Page 312 of 459 APPENDIX B MAP FOLIO Page 313 of 459 111 anford ;Mesa �a - • .i 4,2 Yak - 1 la +.. Upper Colu1 mbia-Priest,>Rap dsCounty il Pas c4' o Lower EltopiaSriake Lower ` Franklin Snakt.e s Yakima Benton River + County County b„ Columb - ount Sunnyside Wes ( i v • -A Richland a• :inleyf, Highland '-, 4' * l • Walla LEGEND ,� �e Walla = Wallula Wai,v. a • Populated Place Garretts Wall County Seat m "_ y ` " _u Touchet a � Middle ., Pollege Interstates Columbia -Lake •� -•s ola O Incorporated City of Pasco 11 IN i a , v,. ,S ? WaSilington - — Urban Growth Area ... K" y O - — ------------------- a . r. �:� eg,on i L_— I Franklin County Boundary Paterson Plymouth Ilton-Freewai< Other County Boundary - - - c Umatilla _—_ — QState Boundary r ; — _ Irrigon NOTES: Umatilla 1. This information is to be used for planning purposes only. Data are _- Hydrologic Unit .' �,...� _ - _ ° displayed as is and without any guarantee of accuracy or completeness. yrl fib$ *" e 2. Aerial image courtesy of USDA NAIP (2013). j -SMA Jurisdiction ' • Hermiston - _ • 3. Hydrologic unit data acquired from USGS and NRCS. CQ � CD w ANCHOR OEA Map 1 Miles Regional Context 0 10 20 City of Pasco Shoreline Master Program 0 City of Pasco, WA EP!I u x37 Ski JI B ;'X � r � � � ��- �--.� ""$� �, _ r.,,,; ' ;J•4� '.M `IRM tau �#:g, �} 47? Y 1 7 � �'<+? ,.2.. '�. � � .. L•i ��,_i ,' a� -+ti sW..!_^.^!1mN►f.";:i+d YR 3"`..f i"�'.�wr51'�` `�M'iri: �.SL�,�.:.,?a .b1F_.r•. ANCHOR QEA ......�. LEGEND Reach Break Incorporated City of Pasco F7-7Urban Growth Area I --- I L -- I County Boundary SMA Jurisdiction Ordinary High Water Mark NWI Wetland 100 -year Floodplain 500 -year Floodplain NOTES: 1. This information is to be used for planning purposes only. Data is displayed as is and without any guarantee of accuracy or completeness. 2. Aerial image courtesy of USDA NAIP (2013). 3. NWI data acquired from USFWS. 4. Floodway and floodplain data acquired from FEMA. Franklin County Walla Walla Map 2a Miles Shoreline Jurisdiction and Reach Breaks 0 1 2 City of Pasco Shoreline Master Program City of Pasco, WA l r r V Y 4 1 Yy ll 0 � u t ll t u �yi3 Li u x37 Ski JI B ;'X � r � � � ��- �--.� ""$� �, _ r.,,,; ' ;J•4� '.M `IRM tau �#:g, �} 47? Y 1 7 � �'<+? ,.2.. '�. � � .. L•i ��,_i ,' a� -+ti sW..!_^.^!1mN►f.";:i+d YR 3"`..f i"�'.�wr51'�` `�M'iri: �.SL�,�.:.,?a .b1F_.r•. ANCHOR QEA ......�. LEGEND Reach Break Incorporated City of Pasco F7-7Urban Growth Area I --- I L -- I County Boundary SMA Jurisdiction Ordinary High Water Mark NWI Wetland 100 -year Floodplain 500 -year Floodplain NOTES: 1. This information is to be used for planning purposes only. Data is displayed as is and without any guarantee of accuracy or completeness. 2. Aerial image courtesy of USDA NAIP (2013). 3. NWI data acquired from USFWS. 4. Floodway and floodplain data acquired from FEMA. Franklin County Walla Walla Map 2a Miles Shoreline Jurisdiction and Reach Breaks 0 1 2 City of Pasco Shoreline Master Program City of Pasco, WA !v m CA) 0 Cn N LEGEND Reach Break 0 Incorporated City of Pasco F7-7Urban Growth Area I --- I L-- -1 County Boundary SMA Jurisdiction qjMi Ordinary High Water Mark NWI Wetland FEMA Floodway 100 -year Floodplain 500 -year Floodplain Benton County Franklin Map 2b ANCHOR Miles Shoreline Jurisdiction and Reach Breaks OEA0 1 2 City of Pasco Shoreline Master Program 0��—' City of Pasco, WA NOTES: _ 1. This information is to be used for planning purposes only. Data is i displayed as is and without any guarantee of accuracy or completeness. 2. Aerial image courtesy of USDA NAIP e� dap (2013). 3. NWI data acquired from USFWS. '-r 4. Floodway and floodplain data ,. acquired from FEMA. ���a.o s;.. Benton County Franklin Map 2b ANCHOR Miles Shoreline Jurisdiction and Reach Breaks OEA0 1 2 City of Pasco Shoreline Master Program 0��—' City of Pasco, WA v m CA) O Map 3 ANCHOR Miles Transportation and Utilities OEA0 2 4 City of Pasco Shoreline Master Program 0��-' City of Pasco, WA '1 Columba 0- ' _ =` �'• LEGEND -~ River/ �� .�+'4'♦ '� � � r Lake - '� • { u y Wallula k `_ Reach Break � �..v ,� � ,� • Populated Place y County Seat Interstates ya a• �. Incorporated City of Pasco w Urban Growth Area a � County Boundary A 0 SMA Jurisdiction Ordinary High Water Mark Geologic Hazard Area ,..-t,�. Geologic Unit Dunes Alluvial Deposits West �.� Flood Deposits Pasco �' Island Pasco Y, r •.,. +_ Vlew NOTES: 1. This information is to be used for planning 4a r + Sna purposes only. Data are displayed as is and Rake P Without any guarantee of accuracy or com leteness. x Wanula 2. Aerial image courtesy of USDA NAIP (2013). 3. Geology data acquired from Washington Dept. of Natural Resources. 4. Geologic hazard areas derived from USDA r y NRCS GSSURGO soils data. Kenhewc R - Grant MT Burbank Franklin �� -`� ,�t",E"gyp-'� t,� _,.• n F7 i't ,y, ryR-., .s Walla Walla Benton Washington _r fir_ Oregon .�, Map 4 ANCHOR Miles Surficial Geology OEA0 2 4 City of Pasco Shoreline Master Program 0��-' City of Pasco, WA c�l niz LEGEND _ uRiver) Lake��' „``, Wallula Reach Break • Populated Place County Seat ck - A fyp Interstates :. . Incorporated City of Pasco •'�'' Urban Growth Area QCounty Boundary 0 SMA Jurisdiction Ordinary High Water Mark Soil Permeability ►� High Infiltration Rate Moderate Infiltration Rate — Low Infiltration Rate Vest Unknown Infiltration Rate Pasco Aa..:l-� ram - �9 p�"JRTri 976.1 7 w co ANCHOR Cn OEA Miles 0 0 2 4 NOTES: w 1. This information is to be used for planning ula purposes only. Data are displayed as is and without any guarantee of accuracy or completeness. 2. Aerial image courtesy of USDA NAIP (2013). 3. Soils data acquired from NRCS. Grant Franklin Walla Walla Benton 8 Washington Oregon Map 5 Hydrologic Soils City of Pasco Shoreline Master Program City of Pasco, WA CD Iw Map 6a ANCHOR h Lk OEA LEGEND Priority Fish Species in Franklin County: ; I Urban Natural Open Space Shrub -steppe Urban Natural Burrowing Owl Open Space - Grebe Monitored Species in Franklin County: Species � Burrowing 0 Owl Priority Habitat Sensitive Species in Franklin ., County: Candidate Species in Franklin f Waterfowl Concentrations �i Burrowing NWI Wetland Type County: Owl yy � ! l ' ai►w" �- a`,7v', �► Burrowing NOTES: 7, Owl *^ Waterfowl _ y ------American Concentrations White Pelican Waterfowl rfowl Concentrations 0 Threatened Species in Franklin County: Pasco Endangered Species in Franklin az County: CD Iw Map 6a ANCHOR h Lk OEA Urban Natural Open Space /a Priority Fish Species in Franklin Candidate Species in Franklin County: County: Monitored Species in Franklin County: Sensitive Species in Franklin County: ANCHOR OEA Cf: ons >'I Threatened Species in Franklin County: Endangered Species in Franklin County: LEGEND s Priority Habitat NWI Wetland Type NOTES: Map 6b i Urban Burrowing Natural \, Owl Open Space M Pasco'. - -. Burrowing * Wat =F Owl ,� Conce Burrowing "T xs �, Waterfowl u} Concentrations <d��ba *3tv 1v t ,ti+ = o e aQoiri American a White rban Pelican Natural Open Space, / ANCHOR OEA Cf: ons >'I Threatened Species in Franklin County: Endangered Species in Franklin County: LEGEND s Priority Habitat NWI Wetland Type NOTES: Map 6b Gm .4 �, `-01 %j; r4 1.- 1,7 o ,k. 61 Ap � }� Gm .4 �, `-01 J ,k. ANCHOR OEA LEGEND Reach Break • Populated Place County Seat Q Incorporated City of Pasco ® Urban Growth Area QCounty Boundary Q SMA Jurisdiction Ordinary High Water Mark 305b Rating (WA Dept. of Ecology 2008) 5 - Requires TMDL 4A -Approved TMDL Actively Implemented 2 - Waters of Concern NOTES: 1. This information is to be used for planning purposes only. Data is displayed as is and without any guarantee of accuracy or completeness. 2. Aerial image courtesy of USDA NAIP (2013). 3. Water quality data acquired from Washington State Dept. of Ecology. Franklin County Walla Walla Map 7a Miles Water Quality Assessment 0 1 2 City of Pasco Shoreline Master Program City of Pasco, WA !v m CA) N W 0 In #V_ ,m+:. X - a N r' .,g a — .r it Pasco p Is I _ e - - i a � ° Temperature . a L'., k ,..�'`.;•• dtl 1�.[ ref Kenn'ewick 6 ; "SF xY�2a Temperature'=p,a. - Mrd"'� Burbank _ �• ��1 t µ1`I •.� t,.=r�a�ld LEGEND Reach Break • Populated Place County Seat 0 Incorporated City of Pasco 77 Urban Growth Area L__ -I County Boundary 0 SMA Jurisdiction Ordinary High Water Mark 305b Rating (WA Dept. of Ecology 2008) _ 5 - Requires TMDL 4A -Approved TMDL Actively Implemented 2 - Waters of Concern NOTES: 1. This information is to be used for planning purposes only. Data is displayed as is and without any guarantee of accuracy or completeness. 2. Aerial image courtesy of USDA NAIP (2013). 3. Water quality data acquired from Washington State Dept. of Ecology. Benton County Franklin Map 7b ANCHOR Miles Water Quality Assessment OEA0 1 2 City of Pasco Shoreline Master Program 0��-' City of Pasco, WA ANCHOR OEA Air, II LEGEND Reach Break • Populated Place y' =incorporated City of Pasco Urban Growth Area County Boundary / = SMA Jurisdiction Ordinary High Water Mark tl"1 Public Access 1■ � � Park } •'R Trailhead ,• Pasco�►} �a0. ---- Sacagawea Heritage Trail r Z V, Land Ownership -Federal Ir ; �. ., State WA State Dept. of - Natural Resources -Local Land q4,o, t0i Island - ,; Uiew s t R , �f��� i" �• y� ��' ��' Yi ' r4 4�•�e+r4 �j,+ ah5:.p .b _ > `- 'lL.S�r..R ._-'�., _..�. _aL•f�..4�i. ��6St'at�.�:lkt'd's'�+��=--r�'�x'`f�}t2;;aair'i�. Falx s. �"�:�f��sk1 c', NOTES: 1. This information is to be used for planning purposes only. Data is displayed as is and without any guarantee of accuracy or completeness. 2. Aerial image courtesy of USDA NAIP (2013). 3. Land ownership parcels data acquired from Franklin County. 4. State parks and trails data acquired from Washington Dept. of Parks and Recreation. 5. Public access data digitized by Anchor QEA. Franklin County Walla Walla Map 8a Miles Land Ownership and Public Access o 1 2 City of Pasco Shoreline Master Program 0 City of Pasco, WA ll Pasco, Pasco a ' 1110 y M� f 5 ..:. b, e Kennewick -- 5 L= n TMM Burbank: }4 • S LEGEND Reach Break • Populated Place County Seat =Incorporated City of Pasco Urban Growth Area County Boundary SMA Jurisdiction _ Ordinary High Water Mark Public Access Park i Trailhead ---- Sacagawea Heritage Trail Land Ownership - Federal 0 State WA State Dept. of -Natural Resources WA State Dept. of Parks and Recreation - Local Land NOTES: 1. This information is to be used for planning purposes only. Data is displayed as is and without any guarantee of accuracy or completeness. 2. Aerial image courtesy of USDA NAIP (2013). 3. Land ownership parcels data acquired from Franklin County. 4. State parks and trails data acquired from Washington Dept. of Parks and Recreation. 5. Public access data digitized by Anchor QEA. Benton County Franklin N� Map 8b ANCHOR Miles Land Ownership and Public Access QEA 0 1 2 City of Pasco Shoreline Master Program 0��—' City of Pasco, WA CD CA) N rn 0 Cn ANCHOR OEA LEGEND Reach Break • Populated Place Incorporated City of Pasco " Z ® Urban Growth Area QCounty Boundary Q SMA Jurisdiction Ordinary High Water Mark Land Use asco Low -Density Residential P 0 Mixed Residential Mixed Residential/Commercial Commercial �f Public/Quasi-Public -0.4 r7� `' 0 Parks/Open Space NOTES: 1. This information is to be used for planning Island purposes only. Data is displayed as is and without any guarantee of accuracy or �u MM completeness. M I 2. Aerial image courtesy of USDA NAIP (2013). rr 3. Land use data acquired from City of Pascc r r£ oo � � n 0 c i X .Y6 vi 4 6wt3x tss x x F 1aa r .;Sml►c.. Franklin County Walla Walla Map 9a Miles Land Use o 1 2 City of Pasco Shoreline Master Program City of Pasco, WA � y Cn I %--p— -,L- i 'Kennewick K CD w N ANCHOR OEA a �..4flgurlbaink, S a r ess�� re '+�y+� I '� .•r6 Benton County Franklin Map 9b Miles Land Use o 1 2 City of Pasco Shoreline Master Program 0 City of Pasco, WA LEGEND Reach Break • Populated Place County Seat Incorporated City of Pasco ' Urban Growth Area County Boundary I SMA Jurisdiction ' r Ordinary High Water Mark NTAW Land Use 0 Low -Density Residential 0 Mixed Residential 0 High -Density Residential TGj Mixed Residential/Commercial Commercial %► OIndustrial Public/Quasi-Public 0 Parks/Open Space u epta��O Fi��ea NOTES: 1. This information is to be used for planning StxKe , purposes only. Data is displayed as is and without any guarantee of accuracy or Y�' e 'u. completeness. 2. Aerial image courtesy of USDA NAIP (2013). n!► 3. Land use data acquired from City of Pasco. a �..4flgurlbaink, S a r ess�� re '+�y+� I '� .•r6 Benton County Franklin Map 9b Miles Land Use o 1 2 City of Pasco Shoreline Master Program 0 City of Pasco, WA CA) N OD 0 Zone o RS -20 Suburban a RS -12 Suburban v ® R -S-1 Suburban o R-S-1/PUD Suburban ® Planned -Unit Development R-1 Low Density Residential R-2 Medium Density Residential U) g R-3 Medium Density Residential EL _ ® R-4 High Density Residential 14 = RP Residential Park U b ® RT Residential Transition o O Office M C-1 Retail Business 06H- CR Regional Commercial ANCHOR OEA f li►� w1A rd Jr 3 � 4 i M- d r• . . ? �• �.+ � "err a � . �'�4tr -� tom.. '4 •'�E- » ?'fir 5i a r 't ' � _ � y � ' is � k?'� "•�..: +•+ f: .rSTYt 6..1�'I,v4�ra�S _ x rFt,y;;+�t,ss'71. ml.%ui q -- I'M. ��r"- A ism,:.. • •-.^r,us� :ar:+xtA i •: a�-`F."v+.N''w�.s+lF�s�aYC s_..'s4 tsti.:�+ iZ+.W_: LEGEND Reach Break Incorporated City of Pasco Urban Growth Area County Boundary 0 SMA Jurisdiction Ordinary High Water Mark NOTES: 1. This information is to be used for planning purposes only. Data is displayed as is and without any guarantee of accuracy or completeness. 2. Aerial image courtesy of USDA NAIP (2013). 3. Zoning data acquired from City of Pasco. Franklin County Walla Walla Map 10a Miles Zoning 0 1 2 City of Pasco Shoreline Master Program 0 City of Pasco, WA V CD CA) N co 0 M -77 0 I ANCHOR OEA Miles 0 1 Zone RS -20 Suburban RS -12 Suburban ® R -S-1 Suburban R-S-1/PUD Suburban ® Planned -Unit Development 0 R-1 Low Density Residential R-1/PUD Low Density Residential Planned -Unit Development R-1 -A Low Density Residential ® Alternate R -1-A2 Low Density Residential ® Alternate R-2 Medium Density Residential R-3 Medium Density Residential R-4 High Density Residential - RP Residential Park - RT Residential Transition 0 O Office BP Business Park C-1 Retail Business ® C-2 Central Business - C-3 General Business - CR Regional Commercial 1-1 Light Industrial 1-2 Medium Industrial - 1-3 Heavy Industrial q'7 LEGEND Reach Break Q Incorporated City of Pasco Urban Growth Area County Boundary Q SMA Jurisdiction Ordinary High Water Mark NOTES: 1. This information is to be used for planning purposes only. Data is displayed as is and without any guarantee of accuracy or completeness. 2. Aerial image courtesy of USDA NAP (2013). 3. Zoning data acquired from City of Pasco. Benton County Franklin Map 10b Zoning 2 City of Pasco Shoreline Master Program I City of Pasco, WA U! MkF a : , Kennew k x yy 0 Y U `. ANCHOR OEA Miles 0 1 Zone RS -20 Suburban RS -12 Suburban ® R -S-1 Suburban R-S-1/PUD Suburban ® Planned -Unit Development 0 R-1 Low Density Residential R-1/PUD Low Density Residential Planned -Unit Development R-1 -A Low Density Residential ® Alternate R -1-A2 Low Density Residential ® Alternate R-2 Medium Density Residential R-3 Medium Density Residential R-4 High Density Residential - RP Residential Park - RT Residential Transition 0 O Office BP Business Park C-1 Retail Business ® C-2 Central Business - C-3 General Business - CR Regional Commercial 1-1 Light Industrial 1-2 Medium Industrial - 1-3 Heavy Industrial q'7 LEGEND Reach Break Q Incorporated City of Pasco Urban Growth Area County Boundary Q SMA Jurisdiction Ordinary High Water Mark NOTES: 1. This information is to be used for planning purposes only. Data is displayed as is and without any guarantee of accuracy or completeness. 2. Aerial image courtesy of USDA NAP (2013). 3. Zoning data acquired from City of Pasco. Benton County Franklin Map 10b Zoning 2 City of Pasco Shoreline Master Program I City of Pasco, WA APPENDIX C RIVERSHORE LINKAGE AND AMENITY PLAN, CITY OF PASCO 2012 Page 330 of 459 Kivcr,5korcLinLagc and Amenity Flan , Citi of Fa5co, Wa5kington julyi6,201? Page 331 of 459 Rivershore Linkage and Amenity Plan City of Pasco, Washington July 16, 2012 TAF)LE-O CONTENTS INTRODUCTION a) Scope 6) Definitions C) background J) Purpose Guiding Principles e) General Challenges Inventory Concepts a) Ownership k) Landscape 6, Natural Leatures c) Transportation J) General Land Use Pattern e) Current Linkage and Amenities Inventory 0 Linkage and Amenities Opportunities v) Linkage and Amenities Constraints h) Phasing Strategies—jhort/ id/Long 1) Potential Implementation Actions J) maps & Images Page 2 of 1 15 Page 332 of 459 Pchrnitions Amenities: Public conveniences which enhance the Jiver/Trail experience, such as Drinking fountains, restrooms, parks and picnic areas, and boat facilities. Destination: facilities such as recreational areas, community centers, and commercial enterprises which are attractive and enhance the River/Trail experience. Linkage: (see Upland Linkage) River: in this Plan "River" refers to the system of Columbia and snake Rivers which surround the City of Pasco. Trail: The Sacagawea heritage Trail winds along the Columbia River around the Tri -Cities area. Upland Linkage: A multimodal transportation route connecting the Columbia River and 5acagawea Heritage Trail to proximal destinations which have the potential of enriching the River/Trail experience. jcoPe andArea The City of Pasco Shoreline Amenities Plan includes all waterfront areas along the city limits of Pasco, extending along the Snake River from the northeastern reach of the City Of Pasco's Urban Growth Pjoundary (UGN near Highway 12, south to the confluence Of the Snake and Columbia Rivers at the southernmost point of 5acajawea State Park, and then west and north along the Columbia River to the northern point of the UGF) at Dent Road. This plan is focused on rivershore trails, recreation amenities, community gathering spaces, development opportunities, wayfinding, and connecting to downtown and neighborhood lands, as well as establishing or improving gaps across Fridges, natural areas, railway tracks, roads and parks. ,jurisdictions and Agencies • City of Pasco— The City of Pasco is the lead agency for and sole proprietor of this Plan. Located along the Columbia River's northern shore, the City of Pasco has many residential neighborhoods that abut the 5acagawea Heritage Trail. • rranklin County - rranklin County is located north of the Columbia River and includes the City of Pasco. rranklin County also has rivershore land in unincorporated areas. Page 3 of Page 333 of 459 • Port of Pasco - The Port of Vasco operates an intermodal rail huk, karge terminal, industrial and business parts in the riverfront area between the Cakle bridge and jacajawea State ParL. Osprey Pointe is the Port of Pasco's newest business development protect along the river. • U.5. Army Corps of Engineers - The U.5. Army Corps of E-ngineers (USACE-) has jurisdiction over use and development standards along the Columbia Kiver. The constructed levees are maintained 6y the VSAM as a flood control tool for the region. Backsround The Columkia andjnake Kivers form approximately half of the city's border (roughly i 4 Miles) maLing the Pasco Rivershore Area the "front door" to Pasco from the vantage of both Kichland and KennewicL, and thus the Rivershore Area is a Ley resource in the ongoing project of cityscape enhancement. Past planning efforts pertaining to the local shorelines, including the City of Pasco Rivershore Area have resulted in a plethora of documents ranging from regional, cooperative efforts to local plans. The following comprise a partial list of documents reviewed in preparation of this plan: 1) TRE -C Tri -Cities Kivershore Master Plan 20 i 2 2) Comprehensive Plan 2007-2027 3) brIC jhoreline Permit; April 2008 4) ParL.5 & Kecreation Plan 2005 Update 5) broadway Properties _and (]se and Market Analysis; December 2004 �) Master Plan; 5acajlawea Heritage Trail: May 2000 7) Tri -Cities KIvershore E_nhancement; 1997 8) Pasco Kivershore r—nhancement vision Some of the plans are broad in scope and general in their outlook; others are highly focused with measurable outcomes. Page 4 of 1 15 Page 334 of 459 Project Purpose The 20 i 2 Tri -Cities Rivershore Master Plan encourages the participatingjurisdictions to "develop facilities and programming that face and embrace the river, rather than turning away from it." Similarly, The Pasco Vision of the Comprehensive Plan reads: "All residents of the city are afforded access to the Columbia River. Pasco is oriented toward and connected with the River through parks, pathways, bikeways, boats launches and docks" (Comprehensive Plan; "The Pasco Vi,5ion for 2027;" Introduction P3). The ten overarching elements of the 2012 -Tri -Cities Rivershore Master Plan are as follows: 1 . Improve wayfinding and identity. 2. Integrate and interpret arts, culture, heritage and environmental features. 3. Create "Place" through viewpoints, seating areas and user amenities. 4. F-nhance water -oriented activities and recreation. 5. increase birding and wildlife viewing opportunities. 6. Enhance linkages to and from the rivershore, across the river, and through historic downtowns, commerce, and cultural areas. 7. L_nliven the rivershore through formal and informal programming. S. Strengthen the connection with the Yakima Delta and the Yakima and Snake River systems. 9. Re-engage the riverfront through land use. 10. implement priority rivershore enhancement projects. The Rivershore Linkage and Amenities Plan provides guidance for a coordinated and efficient overall pattern of development in the long term which can maximize benefit for stakeholders, the City of Pasco, and the wider community. It delineates an approach for connecting the public to the Sacagawea Heritage Trail and the extensive Columbia River waterfront. It is based on a specific vision with supporting goals and objectives drawn from over 35 years of planning efforts. Project Guiding Principles The primary Goals of this document are to identify appropriate upland linkages to the Sacagawea Heritage Trail, city parks, and public access points on the Columbia River, and to provide recommendations on future location of same. Linkages to and from the River/Trail only make sense when they lead to recreational facilities such as parks and Page 5 of 1 15 Page 335 of 459 sports facilities, commercial enterprises such as retail shops, restaurants and hotels/motes, and community facilities such as art galleries, museums, and theaters. Amenities enhance the River/Trail experience and make it a place worth visiting. The best facilities and amenities are clustered in synergistic relationships and are attractive to local citizens and visitors alike. These amenities are within a comfortable walking distance, and ideally, within sight of the River/Trail. The upland Linkages can be promenades, creating a "view portal" for many of these upland attractions. Page 6 of 1 13 Page 336 of 459 General Challenges Wkile each segment of the jiver/Trail along Pasco's shoreline offers a unique mix of Challenges and opportunities, a few of these challenges/opportunities can be generalized as follows: 1) Way-rinding: The regional rivershore area lacks a cohesive signage and way -finding system; The City of Pasco should work with the otherjurisdictions to create and adopt a cohesive, regional signage and way -finding system. 2) Parking areas for River/Trail access: Access points to trail and River are not sufficient. (Jnless a visitor lives within walking/bicycling distance of the Trail/River, they need a place to park vehicles. Parking should be integrated into access features. 5) Accessibility from trail/water to commercial amenities: Few connections exist to link the City's urban areas to the rivershore trail system. Trail users need well -marked, direct, safe and convenient walking and bicycling routes to the water at locations that can serve large potential usergroups. Improving these connections can bring important economic development and transportation benefits to the City of Pasco. A synergistic relationship can occur between commerce and River/Trail activity, but only if those commercial amenities are within reach of the River/Trail system. Focus should be on River/Trail planning on an area within easy walking distance (not more than 1/4 mile) from the River/Trail. Projects to consider include improved trail connections between Pasco's urban center and the F)oat basin/Marine Terminal area; between downtown Pasco and Qsprey Pointe Pjusiness Park; and between the Pasco urban core area east of -595 and the river area between the F)lue and Cable F)ridges. 4) Levees: the levees were built to protect the citizens against flood events. however they create a nearly insurmountable obstacle to boaters, waders and anyone desiring general access to the river. The City of Pasco's system of levees creates a visual and physical separation between the rivershore and developed areas. Levee #2 between Wade Park at Road 59 and jvy Glades should be prioritized as needed trail improvements to establish visual and physical access to the river. 5) Army Corps of Engineers "Wildlife Management Area": Wildlife areas are desirable for protecting the environment and enhancing biological functionality. however Page 7 of 1 15 Page 337 of 459 overgrown areas adjacent urban areas more often become refuge areas for criminal activity rather than for woodland creatures. With hundreds of miles of river frontage compared tojust a few miles along the City limits, it may be wise to rethink how wildlife areas are managed close to urban areas. dements such as public supervision and access need to he addressed. Trails with periodic "lookout" points would serve the dual function of granting pudic access to wild areas and create better public supervision of these areas. 6) Location/Distribution of current amenities: Amenities attract, and lack of amenities deters visits to the River/Trail. basic amenities relate directly to River/Trail enjoyment, and include, but are not limited to the following: a) Drinking fountains: Walkers, runners, bicyclists, recreationalists and picnicking families, all depend on availability of water. Drinking fountains should be placed periodically along the Trail and clustered with park facilities such as pavilions and picnic areas. b) Restrooms: River and Trail users also depend on availability of restroom facilities. Restrooms should kc clustered with park facilities such as pavilions and Picnic areas, and should be stationed periodically in pocket parks along the Trail. c) Shade (trees/picnic pavilions): In the semi -arid Tri -Cities area, protection from the summer sun is desirable and adds to the pleasure of the River/Trail experience. Shade areas are severely lacking along the Trail on the Pasco side of the River. Along with tree planting, placement of picnic pavilions is crucial for enjoyment along the River/Trail. Picnic Pavilions would typically ke clustered with parks and pocket parks. J) benches: The Trail has an assortment of seating areas, although very few of them are coupled with natural or artificial shading. 5cating should ke strategically clustered with both tree planting and pavilion placement areas along the River/Trail. e) Parks: General gathering places are important for increasing social bonds and a sense of community. Parks serve a community purpose in providing some of those meeting places. Parks should be designed with high public visibility and supervision so as to reduce the incidence of vandalism and criminal activity. A well-designed park will have houses, apartments and/or condominiums along the periphery, each with park -facing porches and balconies. This design will serve the dual function of Page 8 of 1 15 Page 338 of 459 increasing supervision of park facilities and increasing the desirability and value of park -side homes. f) Availability of dog cleanup facilities: 1=or the sake of sanitation, good manners, and aesthetics, canine waste cleanup stations should be provided periodically, with City of Pasco dog nuisance code prominently displayed. g) Current residential development along river: One of the main obstacles to linkage and amenities development along the River/Trail will be developed residential areas. Homeowners typically desire parks but resent the higher traffic volumes and intrusion of strangers into their neighborhoods. 7) River Crossings: The Nue and Cade F)ridges were not designed with non -motorized traffic as a priority, and are severely limited in terms of trail width, accessibility and safety. The effort to provide state -of the -art separated Class I multiuse paths over them should be explored. MIG Consultants has also suggested exploring the possibility of a cantilevered pedestrian bridge built to the side of the 15NS>= bridges to improve the range of river crossing choices for trail users. If a future bridge is built, bike and pedestrian access should be a priority. 8) Railroad: The 6N51= railroad bridge between the boat Pjasin and Marine terminal requires pedestrians traveling along the Rivershore to go around and over it via the Ainsworth Overpass, forcing people away from the water. This also serves to further isolate the boat basin neighborhood, bringing a higher crime and gang risL factor to the neighborhood. rfforts to build a E)N,5 /5acagawea Trail underpass should be enthusiastically pursued. 9) bridge (Anderstructure: P)ridge understructures are targets for graffiti and are periodically used as transient shelters. Landscaping, screening, and other measures should be pursued to discourage access to and vandalism of these areas. General Opportunities I ) Provide potential links to commercial and civic districts 2) Improve existing trails and build new trails to patch gaps in trail system 3) Incorporate more interpretive signage & informational plaques 4) Encourage more boat and water -oriented activities 5) Commercial/industrial zoning along river: a) Potential accessibility from trail/water to commercial amenities: Page 9 of 1 15 Page 339 of 459 b) Potential restaurants/eateries/refreshment establishments c) Potential sporting goods: i) F)icycle/roller blade rental/repair ii) bait and tackle iii) boat iv) Mooring /docLs/slips V) Sales vi) Rental vii) Maintenance/repair viii) fueling J) Potential General Shopping: i) Art galleries ii) Tourist shops iii) 5Pecialty shops 6) Provide self -guided smart phone tours addressing unique history, culture and environment of the Tri -Cities. Fxamples include: Mid -Century House and Historic Alphabet House Tour, Port of Pasco Tour, Environmental Preserve Areas, Tri - Cities ridges and Pompy's Lessons trail markers. 7) Guiding development of vacant land along trails a) Pocket Parks in vacant lots along river: Small lots along the path may be suitable for "pocket" park rest areas, areas with minimal amenities for bicyclists and pedestrians and the occasional boater using the River/Trail b) Possible access points to trail: Small River/Trail-ad'acent lots may also serve as ROW and minimal parking for trail access. c) Possible access points to water 8) Complement Pompy's Lessons trail markers with smart -phone codes. 9) Consider low -profile and night sky sensitive lighting at key gathering spots along the trail for improved safety and visibility 1 o) Develop kiosks and gateway features 1 1) "zero" habitat along levee areas: Levees are constructed with an impermeable core covered with large basalt rip -rap. As the minimum State of Washington/ Department of Ecology requirement for development along rivers is "no net loss of ecological function," permitting for heavier public access and uses should be easier. Page 100f 1 1 3 Page 340 of 459 1 2) Broadmoor Area Plan: The Plan for this area west of Road i oo/F)roadmoor boulevard has been approved by the Pasco City Council. 15) Osprey Pointe Plan: The Plan for this areajouth of Ainsworth Avenue and East of the boat gjasin/urine Terminal has been approved by the Pasco City Council and Phase One is now kuilt. 14) F)oat basin/Marine Terminal Plan: The Plan for this area joutk of Ainsworth Avenue and East of the Cable bridge has been approved by the Pasco City council. 1 5) Army Corps of engineers Wildlife Management Area: This stretch of land is under public ownership and can be punned for and permitted as a single entity. rl,I�Ie i ! of i i 3 Page 341 of 459 jnventory Rivershorejegments Thejegments are numbered 1-20, beginning upriver on the Columbia River at the City of Pasco Urban Growth boundary (UC -35) just north of the Kohler Segment, flowing downstream to jacagawea Park, and then continuing upstream along the Snake River to the Tidewater Terminal jegment. r—ach jegment is an arbitrary kreakdown of river frontage which contains somewhat similar characteristics (see Rivershorc 5cgments Map below. Inventory of existing amenities The following amenities have been installed along the City of Pasco shoreline to date: 1 ) Access points 2) beaches 5) bike Path/ Trail 4) boat Launches �) r-nvironmenta %wildlife conservation/protection areas 6) Historic markers 7) interpretive elements s) Landscaping 9) Levee Lowering 1 0) Parking areas I I) Park/ Sport Fields 12-) Picnic areas/ Pavilions 1 5) Public piers I+) Restrooms 15) Waterfountains Page 12 of 1 13 Page 342 of 459 v CD w w 0 Dream View Pasc °, anch r vie, 0 City of Pasco Ri►vershvre segments 2011 01 Kohler 02 Dream View 03 Pasco Ranch 04 Hon igan Farms 05 Rivershore Estates 06 Columbia View � 07 Chiawana Park Wade Legend 08 Sunset Acres 09 Levee #2 10 Wade Park 11 Moore Mansion 12 Flamingo Village 13 Riverview Park 14 West Cable Bridge Village - T+dge arr'k' _ - o 15 Marine Terminal 16 Boat Basin 17 Port of Pasco 18 Sacagawea Park 19 Ainsworth Town 20 Tidewater Terminal N W E S Port of Pasco -` Saca ir�'�r Kohler a) Ownership: Private/(J5 Government b) Landscape and Natural Features: The land along this segment is fairly flat, with a short drop-off into the river. The shoreline is thickly vegetated with a mix of native and non-native trees and shrubs. Farming activities occur within about 30 yards of the river. A private unimproved road separates an orchard/vineyard from the river. C) Transportation: There is no direct public access to the River at this segment. The closest public right-of-way is Kohler Road. Mile the road connects to Dent Road to the South, right-of-way has not been secured to connect the two. J) General Land Use Pattern: 1) Agricultural Areas: Farming activities occur within about 30 yards of the river. A private unimproved road separates an orchard/vineyard from the river. ii) Natural Area: A20 yard strip of (J5 Government-owned natural area lies between the private road and the River. iii) Preservation of View Corridors: Due to the flat terrain in this section of the River views would lie limited to those structures built close to the River. e) Current Linkage and Amenities Inventory: None in this segment 0 Linkage and Amenities Opportunities: Public ownership of about 20-30 yards of land along the river would allow the extension of the 5acagawca [Icritage Trail along this section. This section is undeveloped except for farming activities, and may lend itself well to apark/River/Trail access point. g) Linkage and Amenities Constraints: there is neither direct public access to the River nor secure Right -of -Way from Kohler Road to Dent Road at this time. Roads to the property lead through neighborhoods and are designed for low-volume traffic. h) RE_COMME_NDATION5: Short -Term Recommendations: Page 14 of 1 15 Page 344 of 459 i) WorL with Army Corps, the County and Property owners to design and build a continuation of the 5acagawea Trail north to the Ur6an Growth P)oundary ((AGf)) line. ii) Secure the Right-of-way from Dent Road to Kohler Road and purchase land for ROW from Kohler road to the shoreline and for future park development. iii) Include bona Pile river access points/future parks along this section of trail which connect to Kohler and Dent Roads. iv) With Property owner approval (and covenant) Pjegin irrigation and tree planting along proposed greenbelt. V) Secure ROW and purchase park property - Long -Term Recommendations vi) Develop a public park with access off of Dent/Kohler roads. Continue Sacagawea Heritage Trail with "pocket" parks along river. Page 1 5 of 1 1 3 Page 345 of 459 CI4 0 -r, v+ Kohler Proposed Legend Sacagawea Tran Proposed Dream View a) Ownership: Private/(J5 Government k) Landscape and Natural reatures: The land along this segment is fairly flat, with a short drop-off into the river. Area developed with high-end residential units within about 100 yards of the river. The shoreline is vegetated with a mix of native and non-native trees and shrubs. C) Transportation: There is no direct public access to the River at this segment. The closest public rights-of-way are neighborhood streets branching off from Kohler }load. While Kohler road connects to Dent Road to the South, right-of-way has not keen secured to connect the two. J) General Land use Pattern: 1) Residential Development: This area is developed with higher -end residential units in a mix of four sukdivisions and a series of short plats. ii) Natural Area: A strip of U5 Government-owned natural area ketween 20 and i 50 yards separates the river from residential uses. iii) Preservation of View Corridors: Due to the flat terrain in this section of the River views are limited to those structures kuilt close to the River. Most River frontage lots have keen developed. e) Current Linkage and Amenities Inventory: None in this segment 0 Linkage and Amenities Opportunities: Puklic ownership of akout 20-150 yards of land along the river would allow the extension of the 5acagawea Heritage Trail along this section. g) Linkage and Amenities Constraints: there is neither direct puklic access to the River nor secure Right -of -Way from Kohler Road to Dent Road at this time. Some homeowners have extended their residential landscaping onto puklic lands. Page 17 of 1 15 Page 347 of 459 h) RE-COMME-NDATION5: Short -Term Recommendations: 1) WorL with Army Corps, the County and property owners to design and kuild a continuation of the jacagawea Trail north to the (Jrkan Growth Pjounclarg ((JG5) line. Obtain ROW for access to the Trail. ii) Include bona hide river access points/future parts along this section of tram which connect to Kohler and Dent Roads. iii) With rroperty owner approval (and covenant) F)egin irrigation and tree planting along proposed tram extension. Long -Term Recommendations iv) Greenbelt/parts/pocLet parts along river; Page 18 of 1 1 3 Page 348 of 459 M Dream View Proposed N WE •" S Legend _...... Sacagawea Trail Proposed x" Dream View Segment`' N W e h , 0 75 150 275 3UA_ 775 Foot a� Wih" 001, a' F.,41 " f' 71 Page 20 of 1 15 Page 350 of 459 Pasco Ranch a) Ownership: Private/(J5 Government b) Landscape and Natural Features: The land along this segment is fairly flat, with a short drop-off into the river. Orchard farming activities occur within akout 100 yards (or less) of the river. The shoreline is vegetated with a mix of native and non-native trees and shrubs. The water is fairly shallow along here, and wide shallow areas are periodically exposed during low water events c) Transportation: Court Street runs along the south half of this segment up to Dent Road, where direct access is available to an irrigation pump station and a private dock. Right-of-way has not been secured for either Dent or Court Street in this section. J) General Land use Pattern: i) Residential Development: This area is developed with scattered farmstead residential units at the periphery of farming activity. ii) Natural Area: A strip of UJ Government-owned natural area between 20 and 150 yards separates the river from residential uses. This area has keen designated ky the u5 Army Corps of engineers as a "Wildlife Management Area." Hunting is permitted, kut no motorized vehicles are allowed. iii) Preservation of View Corridors: There is a slight rise in the terrain in this section of the River, which would allow for suktle views close to the River. A handful of modest homes have keen kuilt in a cluster near the river. e) Current Linkage and Amenities Inventory: None in this segment 0 Linkage and Amenities Opportunities: Dent Road cuts directly inland from the middle of this segment, giving residents of northwest Pasco easy access to the site. As well, Shoreline Road (formerly Court Street) separates the private ownership from the Puklic lands, reducing the potential for shoreline owner resistance to park and trail proposals. Puklic ownership of akout 20-150 yards of land along the river would allow the extension of the 5acagawea fJcritage Trail along this section. g) Linkage and Amenities Constraints: Land along this segment of the River has keen designated ky the Army Corps of Engineers as a "Wildlife Management Area." Page 21 of 1 15 Page 351 of 459 Any trail development will go through a strict Army cors review and approval Process. h) RECOMMENDATIONS NO-TT—th(f `southern r o)cPasco Ranch is Fart of tAe BroadmoorArea Plan and Aas been extensive y evaluated andflann(fd TAese recommendations corresf)ond to tAatgenerallolannin7g of)Cort. Short -Term Recommendations: i) Work with Army Corps, the County and Property owners to design and kuild an extension of the jacagawea Trail with raised wildlife watching decks on piers as a continuation of the 5acagawca Trail north toward the (Jrkan Growth boundary (UGC) line. ii) Include bona hde river access points/future parks along this section of trail which connect to Dent Road and 5koreline Road (formerly Court jtreet). Long --Term Recommendations iii) Greenkclt/parks/pocket habitat areas along river; 5 J J J PPP t J ` Page 22 of 1 15 Page 352 of 459 Page 23 of Page 353 of 459 w Page 25 of i 15 Page 355 of 459 ! OM1 •IM to ►i wr r AS 'I F2anch �� ` ' lrrigption Pumps Page 26 of 1 15 Page 356 of 459 Wildlife Management Area Hunting Permitted No Motorized Vehicles For Information Contact: U -S. Army Carps of Engineers Walla Walla District 201 N. 3rd St. Walla Walla, WA 99362 � (5 09) 527-7136 US .Army .( of En ineE Page 27 of 1 15 Page 357 of 459 Horrigan Farms a) Ownership: Private/U5 Army Cors of Engineers k) Landscape and Natural Features: The land along this segment is fairly flat, with a short and increasingly steep drop-off into the river toward the south. r_ast of Shoreline Road (formerly Court Street) orchard farming activities occur on the north of the City Limits line, and Central Pre -Mix gravel extraction operation south of the City Limits line. West of Shoreline Road and down to the River the shoreline is heavily vegetated with a mix of native and non-native trees and shrubs. c) Transportation: Shoreline Road (formerly Court Street) runs along the entire length of this segment between the Army Corps of engineers designated Wildlife Management Area to the West and Horrigan Farms Orchard to the East. J) General Land Use Pattern: i) Residential ]development: There is one residential unit along this segment. ii) Industrial Uses: The Central Pre -Mix gravel extraction operation has a long- term lease on the land. iii) Natural Area: A strip of Army Cors of L,ngineers-owned natural area between 20 and 150 yards separates the river from residential uses. This area is a Wildlife Management Area. iv) Preservation of view Corridors: There is a slight rise in the terrain in this section of the River, which would allow for subtle views close to the River. A handful of modest homes have keen built in a cluster near the river. e) Current Linkage and Amenities Inventory: None in this segment 0 Linkage and Amenities Opportunities: 1) Preservation of view Corridors: Views along the Columkia River in the broadmoor area have a strong potential for value-added development. View corridors should ke maximized for optimal visual access to the river. ii) S' trong visibility of Broadmoor from -i 82 rreeway: The north end of the 1- 182 kridge is a majorgateway into the City of Pasco and this section especially Of the 5roadmoor area should ke designed and kuilt in such a way as to "put our kest foot forward." Page 28 of 1 15 Page 358 of 459 iii) Columbia River Natural Character & Recreation: This section of the Pasco Rivershore lends itself well to fulfilling the needs of both recreationalist and naturalist. extending the 5acagawea Heritage Trail should be a high near-term Priority, granting foot and bicycle access to the more than 40 acres of designated natural area. boat access via boat launches and docks is an equally high Priority. iv) Mineral Extraction Area: The long-term Plan for the mineral extraction area is to create a boat marina and a mixed -development of retail commercial and high- end shorefront residential units. g) Linkage and Amenities Constraints: 1) Impact of Mining / Industrial Uses: The current gravel mining operation physically separates the upper property from the River. The externalities of a mining operation also have obvious impacts. ii) Local Roadways and Truck Traffic. Heavy industrial and agricultural traffic negatively impact the area. iii) Physical `separation from the River: Large tracts of agricultural land separate tl-ie River from the upper braodmoor area. iv) River now / Drift Material: The Broadmoor area is at the curve of the Columbia River, and a natural collection area for silt, debris, drift wood and other waterborne materials. A) Kr-COMMr-NDATION5: NOTE -the BroadmoorArea Plan completely encompasses the 1-10rrigan Farms area. The text of the Broadmoor Area Plan indicates the following for the I-Jorrgan Farms area: open ,jpace —The government owned property between the shoreline and,jhoreline Koad has been designated in the Comprehensive Plan as an open space area. The area is also identified as a critical area geologically and for habitat purposes. Hiking and walking trails through this area would provide for public access and minimal use of the area for recreation and public e�oyment of the river. Trails through this area to view points along Me river would support the Comprehensive Plan vision statement dealing with access to the Page 29 of 1 15 Page 359 of 459 river. Coordination with the Army Cores ofEn, ineers along with shoreline permits may be necessary for the development of trails in this area." The following recommendations are more focused efforts within the general Broadmoor Area Planguidelines. jkort-Term Recommendations: i) Work with Army Corps to design and build a continuation of the 5acagawea Trail along the river to City Limits line. Work with County and property owners to design and build a continuation of the 5acagawea Trail to the northernmost Urban Growth boundary line. ii) Include bona Pde river access points/future parks along this section of trail which connect to 5koreline road. iii) P)egin negotiations with Army Corps to estakilsh park facilities/raised view decLs along river (see link recommendation). iv) With Property owner approval (and covenant) 5egin irrigation and tree planting along proposed greenbelt. Long -Term Recommendations v) Improve area for waterfowl and elevated bird watching along the rivershore trail, adding nature trails as needed vi) Greenbelt/parL/pocket wildlife preserve areas along river and along main boulevard; vii) boat basin and launch; Possible restricted, non -motorized only boating area near wildlife reserve area. viii) Rivershore commercial development scaled to pedestrian/bicycle traffic. Page 30 of 1 15 Page 360 of 459 Pi O CD W OA O C3� Horrigan Farms Amenities N w E S Legend gne[Leundi aoee�eaiwannatw�a � ragc )Z of 115 Page 362 0 459 Baal. q 'rryC _ Page 35 of 1 13 Page 363 of 459 yt Page 35 of 1 13 Page 363 of 459 4 y OI �dF PO p"\�\y .r, 1A Page 364 0 459 Page 35 of 1 13 Page 365 of 459 Page 366 of 459 Greenbelt Townhomes Along Arterial' \ High End Boulevard � 'View' Housing Buffer Medium SF Oriented To River 4♦ ,.. High End' River • I'Main l Street' Housing - Civic Feature! Play}ields, Active Park \ ` Or Civic Use JRegional •. Retail y '` PHASy, _ - 4„ Center 'High End' Housing Rd. Realignment. .✓ ''`° k Interchange Boulevard Commercial Greenbelt � - -- - Townhomes 50 i Near Retail Improved River Park I a \ \\ Boulevard 5andifur Pkwy Townhomes! MediumS.F. Condominiums 1 Orient" To River At Boat Basin Boat Basin • MarinaOffice Uses �_...._....._. Near Freeway Public Use. Marina •Related School Commercial Center Page 366 of 459 Horrigan Farms "Lighthouse" Page 37 of i 15 Page 367 of 459 Rivershore F states a) Ownership: Private/(J5 Government b) Landscape and Natural Features: The land along this segment has a steep, 40- to 50 -foot drop into the river. The shoreline is moderately vegetated with a mix of native and non-native trees and shrubs. A high-end, 33 -lot subdivision separates the Central Pre -Mix gravel extraction operation from the River. The development is nearly half built out. c) Transportation: Shoreline Road and Court Street run between the gravel pit and the residential area along the river. An unimproved river access road connects Shoreline Road to the River about 300 yards west of the subdivision. J) General Land (Jse Pattern: 1) Residential }development: A 33 -lot high-end subdivision along the river is nearly half built out. ii) Natural Area: A 15-20 yard strip of (15 Government-owned natural area lies between the residential lots and the River. iii) Preservation of view Corridors: Views are limited beyond the 22 river frontage lots. iv) industrial Uses: The Central Pre -Mix gravel extraction operation occupies the majority of the area north of Shoreline Road/Court Street and has a long- term lease on the land. e) Current Linkage and Amenities inventory: A parking area has been installed adjacent the 5acagawea Heritage Trail and under the J- i 82 P)ridge. 0 Linkage and Amenities Opportunities: Public ownership of about 15-20 yards of land along the river would allow the extension of the 5acagawea Heritage Trail along this section, although the trail cross-section would need to accommodate the steep sloping bank. There exists an unimproved access road and informal boat launch south of Rivershore }give about 300 yards west of the subdivision. g) Linkage and Amenities Constraints: The Central Pre -Mix gravel extraction operation occupies the majority of the area north of Shoreline Road and Court Street and has a long-term lease on the land. Page 38 of 1 15 Page 368 of 459 h) RE-COMME-NDATION5: Short -Term Recommendations: 1) Work with Army Corps, the County and property owners to design and build a continuation of thejacagawea Tram north along this segment. ii) Improve the existing river access point boat launch and add a "rocket" park. iii) begin irrigation and tree planting along proposed greenbelt. Long --Term Recommendations iv) build a boat basin on the current Central Pre -Mix gravel mine. build the marina as the centerpiece for mixed residential and commercial development. v) Develop area according to the 5roadmoor Concept Plan adopted by the City. Page 39 of 1 13 Page 369 of 459 Page 4o of 1 15 Page 370 of 459 Estates Legend $aapaw a sial Proposed _ Padang Pwpceen Page 41 of 1 1 3 Page 371 of 459 Pale 42 of 1 15 Page 372 of 459 Columbia view a) Ownership: Private/(J5 Government b) Landscape and Natural reatures: The land along this segment has a very steep slope profile. The shoreline is moderately vegetated with residential landscaping elements mixed with native and non-native trees and shrubs. C) Transportation: Court Street runs between the riverfront residential area and more upland residential subdivisions. Although an unimproved road leads from Court Street down to a rranklin County irrigation District pump station, there are no bona kde public access points to the River along this segment. J) General Land Use Pattern: 1) Residential Development: The entire length of this segment is built out with upper -middle to high-end single-family residential units, with the exception of a couple of vacant lots and a pump station located about 350 yards from the -1 82 freeway bridge. This area also has the highest concentration of private docks in the study area. ii) Natural Area: A slim strip of US Government-owned land lies between the residential lots and the River. iii) Preservation of View Corridors: Views are very limited beyond the river frontage lots. IV) industrial (Jses: A newly installed City potable water filtration plant is located just north of Court Street, next to the 1-182 freeway bridge. The inlet pump for the filtration plant is located under the -182 freeway bridge. The Franklin County irrigation District pump station is located just beyond the south terminus of Road i i i and blocks the shoreline well into the }liver. e) Current Linkage and Amenities inventory: A parking area has been installed adjacent to the Sacagawea Heritage Trail and under the 1-182 ridge. f) Linkage and Amenities Opportunities: Public ownership between the residential lots and the river averages around 10 yards, with some lots directly abutting the water line. Page 43 of 1 15 Page 373 of 459 9) Linkage and Amenities Constraints: The jacagawea Heritage Trail currently runs alongside Court Street in this segment. because of the extreme grade, the obstacle of the Pump station, the Proximity of residential lots to the river, and the high number of Private docL facilities, extending the jacagawea Heritage Trail along the river in this section would require both high -order engineering Prowess and strong Political will. It is not recommended that the 5acagawca Heritage Tram he extended along the River in this area at this time. h) Kr-COMMr-NDATION5: `jhort-Term Recommendations: i) Negotiate with the rranUin Count Irrigation District to use the irrigation district land for a view and }liver access ParL with Parking lot. Long -Term Recommendations ii) Add a view Park with Parking and River access on the rranUin Count Irrigation District land. L Page 44 of 1 15 Page 374 of 459 w f r* ti � - yl Chiawana Park a) OWNr.RShIP: U,5 Government/Local Government leasehold b) Landscape &Natural Features: Chiawana Park is a partially developed community park with two areas of groomed lawns, one overgrown "natural" area, and the balance of the park periodically -mowed weeded areas. c) Transportation: the Park has only one open access point leading through a neighborhood street out to Court Street. There are seven potential access points along the length of the park (jee Chiawana Access Points Map). J) General Land Use Pattern: The area is a designated park, although a fraction of it is actually maintained at this point with full amenities. e) Current LinLage and Amenities Inventory: (5ce Amenities Map) f) Linkage and Amenities Opportunities: The Chiawana ParL area includes large undeveloped areas with potential fors 9nergi,5tic water -dependent and water -related enterprises and amenities. There are six potential access points along the perimeter of the park. 9) Linkage and Amenities Constraints: The Park is leased from the Army Corps of Engineers, and as such, requires Corps approval for even the smallest activity. As well, the Park is surrounded by an established residential neighborhood. All but one of six potential access points are currently closed to public traffic. Activating any of the potential access points is likely to be unpopular with adj'acent property owners. h) RE.COMMr-NDATION5: `jhort-term Recommendations: 0 Clear undergrowth in "natural" area at north end of pat -L (vandalism/gang activity/public safety hazard) ii) Install (more) drinLingfountains iii) Construct more small "family" scale, and large "family reunion" scale pavilions. iv) Identify and develop future riverside dining venues with scenic, recreational or cultural attributes. Page +7 of 1 15 Page 377 of 459 v) E_stahlish limited, seasonal mobile vendor lease areas for diverse, small-scale vendors near Pavilion areas; include standards for vendor 9ualit_q/aesthetics. vi) Acid/Upgrade restrooms Vii) Complete landscaping: Lawn, trees viii) Reserve area for a second boat launch. ix) Plan for a beach area. X) ,add "Community Center" type structure. Long-term recommendations: xi) Construct high-end, pedestrian -scale "micro -village" lease space for diverse, small-scale vendors. xii) Construct second boat launch. xiii) Construct beach area. Page 48 of 1 13 Page 378 of 459 Chiawana Park Segment N w E S u 300 600 sob 1300 Feel NAP,', JIM k I I IL f;l , T7T -771 N r J MV E I S Chiawana Park � Amenities V'i�l @e•Kh 'Mvryielrve hYiMn ® Rmcreef�aiel Ww ibewlcyel New ® P i .ave0i ® 1Mpa4w ® Reedwm. PrrR7 k PuNc ❑ntr�9 f•: Wan if I ?au�a� Il: l Snell' Tral Cawction �"�FWvrx Af:ir•,i a®� 4tic�TaLY `�J TaalAans�Poan °wPaDerree FMr-.fqa Trey PgeMW HaOileYNw � M � Pw (F1ima7 Page 49 of 1 15 Page 379 of 459 94'5 ry Chiawana Park Segment N w E S u 300 600 sob 1300 Feel NAP,', JIM k I I IL f;l , T7T -771 N r J MV E I S Chiawana Park � Amenities V'i�l @e•Kh 'Mvryielrve hYiMn ® Rmcreef�aiel Ww ibewlcyel New ® P i .ave0i ® 1Mpa4w ® Reedwm. PrrR7 k PuNc ❑ntr�9 f•: Wan if I ?au�a� Il: l Snell' Tral Cawction �"�FWvrx Af:ir•,i a®� 4tic�TaLY `�J TaalAans�Poan °wPaDerree FMr-.fqa Trey PgeMW HaOileYNw � M � Pw (F1ima7 Page 49 of 1 15 Page 379 of 459 r'..... --- ... Chiawana Park Bike Path Entrance at Court Street W -01 A �r F, fir• :,'�' J � '.. Page 52 of H 5 Page 382 of 459 Chiawana Park Play Equipment and Pavillions Page 55 of 1 15 Page 383 of 459 Pale 54 of i 1 5 Page 384 of 459 iq -i Chiawana Park Boat Launch 5unset Acres a) Ownership: Army Corps of Engineers (Private ownerships adJacent) 6) Landscape & Natural Peatures: mostly flat with mix of native and non-native vegetative types. Vegetative growth is mostly sparse weeds and pasture grasses, with dense undergrowth and trees along the River. c) Transportation: Access from Court Street via Roads 76 and s4. The 5acagawea heritage Trail is built along the entire segment. J) General Land Use Pattern: i) Residential: Over 65 yards of vacant Army Corps of Engineers land separates two single-family residential subdivisions (Sunset Acres and Ivy Glades) from the River here. ii) Trail Development: The 5acagawea heritage Trail is developed along the entire length of this segment. iii) industrial: A major natural gas transmission line extends south and crosses the River from the south terminus of Road 76. e) Linkage and Amenities Opportunities: The width of this area lends itself to both developed park and pocket wilderness areas. There are shallower areas to the east which may lend themselves to beach development. A boat launch could be located near the end of Road 76. f) Linkage and Amenities Constraints: There are two access points, one from Road s4 and one off of Road 76. Neither has developed parking at this point. View opportunities for surrounding residences are very limited due to the flat terrain and the tree growth along the River. Any activity close to Road 76 would 6e highly limited due to the presence of the natural gas transmission line. g) RE-COMMENDATION5 Short Term Recommendations: 1) Develop parking facilities at Roads 76 and 84. ii) Install seating areas and drinking fountains at strategic points along the Trail. iii) Plant clusters of shade trees around the seating areas and drinking fountains. Page 56 of l 15 Page 386 of 459 Medium -Range iv) Develop a parking area and mid-sized Park at the terminus of Road 76, complete with restrooms, pavilions, and beach area. v) Develop a "pocket park" with restrooms at road 84. Long -Term Recommendations: vi) Develop the entire width of the Army Corps land with linear park as an extension of Chiawana 'ark, including small, clustered wildlife areas. vii) Investigate the need for another boat launch. Page 57 of i 15 Page 387 of 459 Sunset Acres Segment w e s o iso 300 aso 610 iso Feet Page 58 of 1 15 Page 388 of 459 M a Page 58 of 1 15 Page 388 of 459 411PL- W Page 60 of i 13 Page 390 of 459 Page 61 of 1 15 Page 391 of 459 Levee No. 2 s of Engineers (private ownerships adJacent a) Ownership: Army Core ) b) Landscape & Natural reatures: Army Corps of Engineers rip rap levee C) Transportation: There are three developed public access points (Roads 54, 6o, and 68) and one access point through a private subdivision (Ivy Glade between the 7200-7400 Mocks) to the levee. J) General Land (Jse Pattern: jingle -family dwelling units in the Ivy Glades, Park Estates, Summer's Park, Allstrom view, and Glen Acres Subdivisions. e) Linkage and Amenities Opportunities: There are three developed public access points to the levee. 0 Linkage and Amenities Constraints: The levee and drainage canal between the levee and residential development hinder access to Trail and River along this segment of river shore. Wkile the trail is readily accessible at strategic points, access to the water is accomplished only by a careful climb down a steep, oversized rock embankment. Levee height blocks most river views. g) RECOMMENDATIONS: Short -Term Recommendations 1) Lower Levee; widen path and add landscape features; ii) pipe and fill landward side of ditch at select locations; Iii) Design and build interpretive signage that describes living river concepts as related to shoreline development, such as rivershore management, natural flood processes, and impacts of manmade levees. Long --term Recommendations IV) Lill, grade, and vegetate river face of levee; v) Create parks with "step" access points/ boat docks at road 60, 68. vi) Create beach area in shallows between levee and island. vii) Develop strategically sited signature gateway at 1-182 & Road 68 Page 62 of 1 15 Page 392 of 459 Ia- L.Z. '•!I^. Page 65 of 1 15 Page 395 of 459 Page 66 of 1 13 Page 396 of 459 Page 67 of 1 15 Page 397 of 459 Wade Park a) OWNr,R5hIP: Army Cors of Engineers with City of Pasco/rrariLlin County lease(?) 6) Landscape & Natural Features: gently sloping with park -type vegetation: grass and trees C) Transportation: The Tram is fully developed along Wade Park. Wade park can be directly accessed from River Haven Street off of Roads 39, 40, and Road 44, from Road 52, and from Road 54. A boat launch has been developed at Road 54. J) General Land Use Pattern: The land around Wade Park is fully developed with single-family residential units. The boat launch at Road 54 includes paved parking. /mother park extension with parking, restrooms and other amenities is being developed at Road 54. A rough gravel parking lot at the east end of Wade Park between Road 39 and 4o is owned by a private party but has been made available to the public. e) Linkage and Amenities Opportunities: The new boat launch at the west end of Wade Park is easily accessible from Court Street via Road 54, and is near a proposed park with existing parking. This area is adjacent to the boat race course and is augmented with temporary commercial refreshment enterprises during the races. More permanent parking pads with power hookups, which would double as pavilion/picnic areas during the off-season, could be installed. f) Linkage and Amenities Constraints: The Trail along Wade Park can get very hot in the summer due to the lack of shade trees; however adjacent neighbors may object to additional tree plantings of these public areas. g) Kr-COMMr-NDATION5: Short-term Recommendations: i) Place water fountains at strategic locations along path; ii) Plant more shade trees in clusters along the Trail; iii) Place canine cleanup stations at strategic locations along path. Long -Term Recommendations: Page 68 of 1 1 5 Page 398 of 459 iv) build restrooms at both ends of the park. V) Identify and develop future riverside dining venues with scenic, recreational or cultural attributes. vi) Develop beach area(s), as practical. Page 69 of 1 15 Page 399 of 459 rade 70 of i i 3 Page 400 of 459 ��■ �����i� "SPIN ����■�' 111111■ ■1■■■no MINIMr■ .■ ��■■l■■ ■ ■■ ■■ ■ ■mak 11■�■■■ ■ .■ ■� ■M!1rf ■■■■■■ ■■■1 ■®■ ����■■ MONO I= Evil :C 1 �� .� oil 1111111 .. �I� ■ ■�■■ X11 ■■■■1■■� �: ■■■■���■ 4� �r � .. e ■ Wade Park Amenities Legend © © _ rade 70 of i i 3 Page 400 of 459 no OMNI 0 in MEN mini 0,911 ION MOM ■ ■ ■■ iTA ��■ = .■■ ■� ■ ;; �■ ■■■■ ■■■i Noll 1:..11 ����!■■ ■�'■■ ■■■���■■ �� � .. ■ ' .,,■� ■■ ■■■■■■ Wade Park Proposed Legend Park Proposed Beach Proposed ■Parking Proposed Page 71 of 1 1 3 Page 401 of 459 Moore Mansion a) Ownership: Army Cors of L ngineers/ WA State Dept of Transportation 6) Landscape & Natural Features: Army Cors of r_ngineers rip -rap levee c) Transportation: The Trail extends the length of the Moore Mansion segment; it can only ke accessed from River Haven Street off of Roads 39 and 40. J) General Land (Ase Pattern: Levee # 1 terminates between Road 39 and 40 next to a rough gravel parking lot at the east end of Wade Park which is owned 6y a private party lout has been made available to the public. e) Linkage and Amenities Opportunities: As the segment name implies, this path could have direct access to the Moore Mansion, a prominent historic site within the City. Shallow areas in the River and easy river access near the Road 39/40 Park entrance may lend to construction of a beach in this area. There is a dedicated, but as yet undeveloped (Havistad) park platted as part of the Amended Pierret's Subdivision south of Havistad Street which could also add to the appeal of this segment. f) Linkage and Amenities Constraints: Due to the levee and the drainage ditch behind, the area is accessible only at one point, a gravel parking area at Road 39/40, which is rather small and is currently under private ownership. There are at present no potable water or restroom facilities at this location. The platted, but undeveloped Havistad park lot is at a considerably lower elevation than the levee, and would not have the "feel" of a river("ront amenity without visual access to the river. As well, it is separated from the River by the levee drainage canal. g) RE-COMME-NDATIONS. Short -Term Recommendations: pipe and fill landward side of ditch; ii) vegetate landward side of levee with grass, shade trees. iii) Fill, grade, and vegetate river face of levee. Long -Term Recommendations: iv) Develop f javistad Park level with levee. Page 72 of 1 15 Page 402 of 459 v) install a Keach area at the Koad 39/40 Wade Parc entrance, and extending east approximately 100-200 yards. vi) provide state-of-the-art separated Class I multiuse paths over the blue bridge Page 73 of i 15 Page 403 of 459 Page 74 of 1 13 Page 404 of 459 r _F— `—r -- AVSTAD S7 I N 1 W E i S Moore Mansion Proposed Legend S.c g -g. Tref! ® Pafks Mend Linkage Park Proposed Access Point Beach Proposed Move M.—n ® Parkirig Area it Page 75 of 1 13 Page 405 of 459 Flamingo Village a) Ownership: Army Corps of Engineers with City of Pasco/Franklin County lease(?)/City of Pasco. k) Landscape & Natural Features: Army Corps of Lngineers rip rap levee C) Transportation: Access to the Trail is ky way of "A" 5trect near the terminus of 25th Avenue. An undeveloped access point also exists at 20th Avenue. The 25th Avenue access point has keen developed as a pocket park with parking but no amenities J) General Land Use Pattern: The west end of this segment lies adjacent to the Llamingo Village Trailer Park. Lurther east is mostly vacant industrially zoned land. The trail is separated from the trailer park and industrially zoned land ky a drainage canal and a significant elevation change up towards the levee. The Levee klocks the view of the river and there is no developed access from the Trail down to the water. e) Linkage and Amenities Opportunities: bccause of its largely vacant nature, this area ketween the Pioneer Memorial ("51LJC") bridge and Ed Hendler ("Cakle") Pjridge has perhaps the most development potential of all City of Pasco segments. Retail commercial development could conceivakly kc kuilt over the current drainage canal with ground -level parking and levee -level (and higher) retail, restaurant, entertainment, and water-dependent/water-related uses.jteps could kc kuilt down the face of the levee to the river for "toes -in -the -water" access. 0 Linkage and Amenities Constraints: Levees are owned and maintained ky the Army Corps of Engineers. Any development on or around the levees would require complex and time-consuming reviews. g) Kr—COMMr—NDATION5: Short -Term Recommendations: i) Pipe and fill landward side of ditch; ii) Rezone the area along the River for Retail Commercial development Longs --Term Recommendations: Lill, grade, and vegetate parts of the river face of levee (see Pasco Rivershore Enhancement vision). Page 76 of 1 15 Page 406 of 459 iv) Develop levee top as a wine commercial boardwalk with Periodic Kiver view decks. v) F)uild stair/step access on parts of the jiver face of the levee down to the water. vi) Allow/encourage retail commercial to build with street -level parking and upper floor shopping, level with, and directly up to the levee, with full levee access. vii) provide state-of-the-art separated Class I multiuse paths over the blue F)ridge viii) Develop strategically sited signature gateway at and 20th & Sylvester Page 77 of 1 13 Page 407 of 459 M ..8�4 vire. IPo T?� AAA6 i - r ; + r J � Flamingo Village Segment -� N w E s rale 78 of f t 3 Page 408 of 459 '!NL at Riverview Park a) Ownership: Army Corps of Engineers with City of Pasco/rranklin County lease?)/City of Pasco b) Landscape & Natural Features: Army Corps of Engineers rip rap levee; City of Pasco basekal%softball facility; City of Pasco Riverview Park. There is a shallow, manmade drainage pond to the west of the park. C) Transportation Access to the Trail is 6.9 way of "A" Street from an undeveloped access point at 20th Avenue, and between 17"6 and 1 8t6 Avenues through the City Of Pasco baseball/softball field and Riverview Park. A loop of the Trail circles around near the Animal Shelter at 1 8th Avenue. A F)N,5F rail spur crosses "A" Street, curving south along the ball fields and loops east roughly parallel to the river. This rail spur is currently being utilized by a single client, a small concrete company leasing land at the Port of Pasco. The spur will be abandoned when the lease expires. J) General Land (Ise Pattern: This area is developed with an animal shelter, a City of Pasco baseball/softball field and Riverview Park. e) Linkage and Amenities Opportunities: This is one of the few areas not locked out Of potential "destination" development by residential zoning. The area south of "A" Street could be enhanced with river -oriented commercial uses, augmenting the developed park and sports facilities. The manmade pond has potential for wildlife viewing, fishing for young families, and should be enhanced as park land with grassy areas, pavilions, restrooms, pond access and barbecue amenities. There is potential for a pocket wildlife area as part of the pond -centric development. Once the 15N5r rail spur is abandoned the City should negotiate with the E)N5r to acquire the land adjacent to the hall fields. This area could benefit from additional baseball fields and the addition of soccer facilities. f) Linkage and Amenities Constraints: The area is still zoned I-1 Light Industrial, and as such can be legally developed with such things as building material storage yards, trucking companies, a central power station, automotive assembly and repair facilities, and blacksmith, welding or other metal shops. g) RECOMMENDATIONS Page 80 of 1 15 Page 410 of 459 511ort-Term Recommendations: i) Rezone the area south of "A" Street as C- i Retail Commercial. ii) improve Riverview Park for waterfowl and elevated bird watching along the rivershore trail, adding nature trails as needed; Develop a parl< around t11e Pond with a pocket wildlife viewing area, fishing areas for young families, grassy areas, pavilions, restrooms and barbecue amenities. iii) Place drinLing fountains, shade trees, and restroom facilities at strategic points-, Long -Term Recommendations: iv) rill, grade, and vegetate river face of levee (see Pasco Rivershore Enhancement vision). V) Purchase the F-)N5r lands east of the ball fields; add baseball and soccer fields. vi) Develop a beach area just south of the Riverview Park. I PASca ILiVMNORE ENILA FYiEIAT[C:E7AFX1'V1 +JOIV 10C-3 CD rages] of 1 1 3 ism Page 411 of 459 Is 1-7=44j. Riverview Park Segment W + E S W ST r i IVVIEW PARS-� Riverview Park. Amenities P �y Legend u A ��+ I A=m Pgnl Kok O11 R9stw. Bench ® Parki, Area Uph.W Linkage w E DD—kl rg F.�Wwn Picnic Table Sacag.—Tral S Page 82 of 1 15 Page 412 of 459 "All ST �r Riverview Parks Proposed Legend Secag-g. Trail Pa"ks N Mend Linkage Park Proposed OAccess Poon" Beady Prapoaed w E - ® Parkir"q Area mp ia OS Ni, -I p t I Page 83 of 1 15 Page 413 of 459 WCSt Cable E)ridge a) Ownership: Army Corps of Engineers b) Landscape &Natural Features: Army Corps of E_ngineers rip -rap levee; NSF Railroad spur line; undeveloped scrub land. c) Transportation: A E)N,5r Rail spur bisects most of this area; One unfinished access point leads to 13th Avenue. The trail leading to i 5th crosses bNSF land and the E)NSr rail spur. J) General Land (Ase Pattern: This area is mostly vacant with some residential and industrial uses along Washington Avenue, extending south towards the River. e) Linkage and Amenities Opportunities: E)ecause this area is mostly undeveloped it has more flexibility for future plans. it is close to the ballpark and Riverview park and could eventually ke an extension of and expansion area for that facility. 0 Linkage and Amenities Constraints: The 5N,5 -owned rail spur is a prominent and central barrier to any development in this area. (Antil the spur is abandoned and the land changes hands this area is essentially off-limits to any redevelopment. g) RECOMMENDATIONS: Short -Term Recommendations: i) Acquire P)NSI= land upon rail spur abandonment. ii) pipe and fill landward side of ditch; Long -Term Recommendations: III) E_xtend park facilities east, with picnic areas and typical park amenities. iv) Fill, grade, and vegetate river face of levee (see Pasco Rivershore Enhancement vl5lon). V) provide state-of-the-art separated Class I multiuse paths over the Cable Pjridge Page 84 of 1 15 Page 414 of 459 West Cable Bridge Segment N w e S w S West Cable Bridge Amenities Legend �. Access Pohl ® Picnic Table french Upland UnkeRe K,dsk Prwowd Upww Unkage ® Park;np Area SACAGAOEA_TRAIL Page 85 of 1 15 Page 415 of 459 IN w e S West Cable Bridge Proposed Legend 8acagaaea Trap Parks Vplawl Lmkag. Park PrapD W WI.FPJ_Lmkaga_Prapo ed Beach Prnp-od FAC Acer$ Pant In ParWng Area iLs race 86 of 1 15 Page 416 of 459 Marine Terminal a) Ownership: Port of Pasco/some private b) Landscape & Natural reatures: Army Corps of E-ngineers rip -rap levee; commercial/industrial area (mostly vacant—marine terminal side); P)NSF railroad main line and trestle bridge to the east; 5acagawea trail does not connect former Port of Pasco marine terminal with 5oat basin area due to t5NSF Kailroad tracks and trestle bridge. C) Transportation: The Trail extends through the entire length of this segment. Access is from I Oth Avenue, Washington Street, 9th Avenue, Ainsworth Avenue, and -+'k Avenue. J) General Land (jse Pattern: Mostly Vacant industrially zoned land. e) Linkage and Amenities Opportunities: The Trail extends through the entire length of this segment. There is a karge dock which would be an excellent location for an indoor/outdoor waterfront restaurant with integrated dock facilities. Retail commercial development should ke built with ground -level parking and levee -level (and higher) retail, restaurant, entertainment, and water-dependent/water-related uses. This is another prime potential retail commercial area. 0 Linkage and Amenities Constraints: This is the site of a former WWII fuel tank facility. Some toxic spillage has occurred along the west end of the Marine Terminal area and is in the remediation process. (Anfortunately, the remediation is "low-tech" and thus more time-consuming. The area may not ke "shovel -ready" for some time. An anxious developer may choose to invest in a more intensive (and expensive) remediation process, but this is not a current likelihood. The two available direct north -south routes from this neighborhood to downtown Pasco are 4th Avenue under the Ainsworth Underpass, and north along the E)NSF main rail line to the City Center; and north on I Oth Avenue. While both routes are fairly well 5idewalk- e9uipped for pedestrians, however neither is designed for bicycle traffic. As well, neither route is aesthetically pleasing. g) KrICOMMENDATIONS: (see 5oat 5asin/Marine Terminal Master Plan). 2) Short -Term Kecommendations: Page 87 of 1 15 Page 417 of 459 i) Rezone tale area for 5USiness ParL/Commercial retail. 3) Long -Term Recommendations: i) Invest in higher -tech toxic spill remediation ii) L_ncourage/Promote development as per the boat basin/Marine Terminal Plan. iii) P)uild an improved tram connections between Pasco's urban center and the boat basin/Marine Terminal area iv) Consider the possibility of a cantilevered pedestrian bridge bunt to the side of the F)N5F kridge v) Develop strategically sited signature gateway at 4th Ave & Lewis jt vi) jdentify and develop future riverside dining venues with scenic, recreational or cultural attributes. 'view Point Trail undercrossing Columbe River 0 G Public beach —.1 _ J View Point Enhanced boat taunch, parking. an Now marina park f'a e.ss4ii3 G Page 418 of 459 f`Wr �tl � _ '?�• k' fy�. •� '914 : 9r:� * a _'��� � �� 1 X.. '4Y-. Marine Terminal Segment � `y►" w E s 0 109 200 3010 400 30-0 fsat Page 59 of 1 15 Page 419 of 459 0 m - Marine Terminal Proposed Legend S—ga—s Trail ® Park UVI@nd Unkoge Park Proposed Vplaad_L�nkago Proposod So ch Proposed Rmlwoad Parking Proposed Access Print Coarn wal Proposed ism OWN i Page 9O of 1 15 Page 420 of 459 boat P)asin a) Ownership: Army Corps of engineers with City of Pasco lease/Private owners b) Landscape & Natural Features: Army Corps of engineers rip -rap levee and dike; commercial/industrial boat marina area and boat launch and dock in disrepair; 15NSr railroad main line and trestle bridge to the west, separating the Port Marine terminal from the boat basin; 5cklagle City park; modest residential areas; boat launch in disrepair, private marina facility; Sacagawea trail does not connect former Port of Pasco marine terminal with boat basin area, due to PjNsr Railroad tracks and trestle bridge. c) Transportation: This area is barricaded in by the 15N5F Railroad main line to the west, The Ainsworth Overpass along the north, and the Port of Pasco's Osprey Pointe project to the east. Access is from 2"d and Gray avenues to the northeast, and a foot access from the Osprey Pointe development to the east. Since the construction of the Ainsworth overpass this area has become further isolated and less accessible, as the overpass cut off access from Railroad, 4th', and 3rd Avenues. rurthermore, the 5acagawea Heritage Trail does not go through this area, instead winding north across the overpass avoiding the boat basin neighborhood, and then back down along the river at Osprey Pointe. Neighbors have reported that crime is higher here because the area is isolated from public supervision. J) General Land (Jse Pattern: A private marina operates in the industrially zoned waterfront area, next to a public boat launch and a public park. Modest residential units occupy the residentially zoned north half of the area. A large percent of these units are owner -occupied and are neatly maintained. There are a few industrially zoned lots in the east part of the neighborhood. C) Linkage and Amenities Opportunities. A neighborhood park is already in place, with a boat launch close by. This basin lends itself well to development of a separate beach/swimming area. However the beach should be designed in a way as to separate swimming and boating activities. If the 5NSr Railroad would allow a trail underpass for the 5acagawea Trail under its main line, the Trail could continue through the neighborhood, opening up the neighborhood somewhat and adding public supervision to the area. As the Osprey Pointe project develops to the east, this area will be in higher demand for upscale residential development and an Page 9 1 of 1 15 Page 421 of 459 upgrade will be warranted to the marina facility, with demand for mini -market, boat fueling, fishing supplies, and perhaps restaurant facilities at the marina. 0 Unkage and Amenities Constraints: The E)N5r Railroad has been reluctant in times past to allow for an underpass under its mainline, citing transportation security issues. As well, the Port of Pasco is reluctant to include the boat basin in its plans as long as the neighborhood remains unsightly and uninviting to business visitors. The high owner -occupied ratio reduces the likelihood of any major upgrades to the residential neighborhood in the short-term, although as land values in the neighborhood increase due to Osprey Pointe development, owners may be induced to sell for a reasonable profit. There are no direct north -south routes from this neighborhood to downtown Pasco. The closest access would require a circuitous route either west along Ainsworth Avenue and south at 6th Avenue, thence circling east and north to 4th Avenue under the Ainsworth (Anderpass, and north to the City Center; or east to Oregon avenue, north to Lewis Street, and west again to the city Center. The former route navigates through industrial and residential areas, the latter primarily through industrial zones on a truck route that is not bike/pedestrian friendly. g) RE-COMMr.NDATION5: (5ee boat basin/Tank rarm Master Plan) Short -Term Recommendations: i) Rezone neighborhood to higher -density residential, to allow for higher -end condos. 'r_stabliA design standards for all new construction compatible with the Marine Terminal and Osprey Pointe themes. ii) begin negotiations for a E)N,5r/`jacagawea Trail underpass. Prepare a "plan b" "floating deck" option for the trail to drop into and floats on the River, if necessary. iii) begin plans for continuation of the 5acagawca Trail through the neighborhood. iv) begin plans for a public beach separated from the boat launch facility. v) (Apgrade Ac and park facility. vi) Add path and view deck at harbor entrance of dike. page 92 of i 13 Page 422 of 459 Long -Term Recommendations: vii) build jacagawea Trail underpass and trail through the boat basin neighborhood. viii) build a beach and swimming area as part of 5cklagel Park, separating koat launch uses from swimming. ix) Upgrade boat launch and dock facilities. x) build a park along the River between the boat basin and Qsprey Pointe, thematically connecting the two developments. xi) Consider the possibility of a cantilevered pedestrian bridge built to the side of the F)N,5F kridge ,,ins Fan A, -T tEP .r Tr. J�C-C 30AT I Page 93 of 1 13 Page 423 of 459 Boat Basin ; Segment Aiq " ,� �k `"'+* }, � moi., � ti i rte• .:.+�.. ,� �_.} 0 100 200 100 400 500 Poet +"S ,.:fi49 e !�```• .� 1504 it H LU a. W E a= t7 8 2 'NS��R7ygV D 3CG Gra T r K � T Boat Basin '- Amenities Legerxi EX:] Access Pdn1 lk F§sl—Marker Restroom 5—h 1 Parking Area SAGAGAVVEA_TRAIL `S, Bost Laursctr F—] Plor SaCapa Trak Pr POW rac,e 94 of 1 15 Page 424 of 459 Page 95 of 1 15 Page 425 of 459 Port of Pasco a) Ownership: Port of Pasco b) Landscape &Natural Features: gently sloping to increased slope, scrub vegetation with thick tree growth along river edge (NOTE.—Trees have recently been thinned around the Osprey Pointe development to the west). c) Transportation: The port of Pasco is a hub of industrial Klver, rail, and truck transportation. The Port owns a barge docking and loading facility on the Columkia Jiver, which leads out to the Pacific and to markets in the Pacific Kim and beyond. This barge facility is located just east of the Osprey Pointe development. 15cvcral rail -spurs access thePjj�l `j� main lines through the Port from both the northwest and northeast. Ainsworth and Oregon Avenues provide quick access for trucking to major highways heading in all directions. The Trail has been developed through the Port property; along the river of the Osprey Pointe area and then inland along Ainsworth Avenue to the last block of warehouses, and then }pack south to the river. The Trail ends at the,5acagawea State Park access road. J) General Land Use Pattern: The Port of Pasco has a mix of WWII -era warehouse facilities and vacant lands, and is zoned for heavy industrial use, thought Osprey Pointe is planned as a higher -end business park. e) Linkage and Amenities Opportunities: The completion of the first Osprey Pointe building (the Port of Pasco office) and utilities infrastructure has set the stage for further office development in the park. The Port has designed the building as an example of the design standards expected of future buildings on the site. Landscaping (including the removal of dead trees and undergrowth along the Jiver) is professional and aesthetically pleasing, as well as drought -resistant. The rest of the Port will remain heavy industrial into the foreseeable future. f) Linkage and Amenities Constraints: Trail location is constrained by industrial uses in the area. The Trail currently follows Ainsworth Avenue through the heaviest industrial use areas, leaving the river to avoid the barge loading facility and some outdoor warehousing. One river view access trail weaves between some outdoor storage areas down to the }liver, but does not su%sequentlyjoin up with the Trail. Page 96 of 1 13 Page 426 of 459 g) Kr—COMME-NDATION5: (see Port of Pasco Osprey Pointe business Parc Plan). `jhort-Term Recommendations: i) Continue development of Osprey Pointe as planned. ii) Connect Lookoutpoint trail to main Trail along the River. iii) Provide self -guided smart phone tours addressing unique history, culture and environment of the Port of Pasco; Highlight big Pasco's working port and businesses as a trail exhibit Long --Term Recommendations: iv) build a park along the River between the boat basin and Osprey Pointe, thematically connecting the two developments. v) build an improved trail connection between Pasco's urban center and the Osprey Pointe business ParL. Page 97 of 1 15 l Page 427 of 459 I W � S, Por! of Pasco Amenities •a ' �[ _ Inferprahxe Marke+a LEgpnd ® Piar -11111h;- upland Lmkaye Fleneh .: w<wsa Restroom Sacag—.Trac P.t.141HOW Asee IS Pnrvmg Are; • vl-POINT S—g—Tmd Prop *d K. Medeer L••.l P.rn'¢TaGle PlaoDoeklPu4pcy �,. rac,e 98 of 1 15 Page 428 of 459 jacagawea Park a) Ownership: Army Corps of Engineers/Wash jt ParLs & Recreation b) Landscape &Natural Features: State park; mostly flat, mix of native and non- native (parQ vegetation; beach areas; docks; boat launch; historic Ainsworth Town site. c) Transportation: Access to the Park is limited to a single two-lane road entering the park from the northwest. The Trail ends at this road. An undeveloped path/road meanders through the historic Ainsworth town site. J) General Land (Jse Pattern: This area is partially developed as a state park with patron amenities such as parking, family and group picnic areas, a boat launch and docks, and a beach. There is housing for park staff and a museum/interpretive center. The balance of the park is vacant, with the exception of some h;gh voltage power lines utilities crossing the Columbia River at the south shore. e) Linkage and Amenities Opportunities: 5acagawea jtate Park is partially developed and contains the only developed beach within Pasco city limits. This park rests at the confluence of the jnake and Columbia Rivers and is historic for its role in the Lewis and Clark E_xpedition, and contains a museum and interpretive center. The park is periodically used for sternwheeler riverboat docking as they come up river from the Pacific coast. While this may kc an ideal site for summer food vending, any commercial activity would need to kc sanctioned by the jtate Parks Department. The Park isjust south of the historic Ainsworth town site, and the only public access to the site. The 5acagawea Trail should continue through the park along the north border of the access road and developed park areas, continuing along the meandering Ainsworth access road, and then north up along the 15nake River. Many areas of the park are ideal for local camping and scouting/wilderness club -type activities. The balance of the park area is undeveloped and amenable to wildlife viewing. Future development should allow for a few "look but don't touch" viewing trails in appropriate parts of the park. f) Linkage and Amenities Constraints: because the park is owned and operated by the State Parks Department, the City of Pasco has limited influence over its development. As well, the Ainsworth town site is an historic site and may he difficult Page 100 of 1 1 3 Page 430 of 459 to protect as an archaeological site, off-limits to scavenging. The northeast part of the old town site is swampy and any trail through the area may require footkridges or boardwalks to cross over the swamp areas. g) KE-COMMENDATION5: (state of Washington Parks Department); Short -Term Kecommendations: 1) Pace drinking fountains, shade trees, and restroom facilities at strategic points; ii) Develop overnight camping areas throughout the park iii) Design a trail extension of the 5acagawea Tram through the Ainsworth Town site and beyond. iv) Develop trams in 5aca)awca State Park for opportunities to learn akout native Wildlife, geological features and the Confluence Project V) Consider more summer fairs and activities and related food vendor opportunities Long --Term Kecommenclations: vi) Develop the jacagawca Heritage Trail through park and towards the Columbia Plateau/Ice Harkor Dam trail linkage; Page 10 1 of 1 15 Page 431 of 459 J it r rr a s N � i yy E 5 Sacagawea Park Segment L j L• Page 102 of 1 1 3 Page 432 of 459 N W E 5 Sacagawea Park Proposed J Legend —1'I Sacagawo. Trey { } ,yt�g ;g P�inl Saeagawaa Trail Prepe..d Upland Linkage Polemial Hahim Area f / Parks Railwead Parking Area ._ 1 rade 103 cd 1 15 Page 433 of 459 F'> e. 10+ Of 113 Page 434 of 459 rygr Buildirr UpaM Nature barly inhabitants along the Snake and Columbia rivers lived in lodges constrrrcred of wood and covered with tale mors. Wood for frames was seance in the days when .sage and wino,vv dominated the river shorn and no trees grew on the and ,Mains. NafAv Americans tronsported the poles from forested areas on the distant hills, or collected them as dr0hwood. In recent limes, Cohan River dams and irrigation systems allow roll trees and green grass to f iaari"sh in the once -arid landscape. Notice fll— kelp preserve the past far- the future. . Disturbance or removal of :. artifacts is prohibited. Violators are subject to I fine,and imprisonment. Arti 1,�-- • k �yy��� a�F:. Ainsworth Town a) Ownership: U5 Government b) Landscape & Natural Features: steep slope areas, E)N5r R -O -W with trestle fridge; overgrown with mostly non-native vegetation, salt deposits and marsh/swamp areas c) Transportation: There are no direct public access points to this point. An undeveloped, meandering path extends north from 5acagawea State Park to the site. J) General Land Use Pattern: Vacant with an undeveloped archaeological site from the former Town of Ainsworth. e) Linkage and Amenities Opportunities: The Ainsworth Town site could he developed as an historic site. The undeveloped path which winds through the site could easily fe developed into an extension of the 5acagawea Trail as it converges with the Columfia Plateau trail along the Snake River. f) Linkage and Amenities Constraints: Much of the proposed Trail path lies in Railroad right-of-way. Any trail development would fe dependent upon vacation of existing rail uses and cooperation of the railroad. g) Kr-COMMr-NDATION5: h) Short -Term Recommendations: i) 15egin conversations with the State Park Service and F)N5F Railroad. ii) Plan and design a 5acagawea Heritage Trail extension through the Ainsworth Town site. i) Long -Term Recommendations: 1) continue 5acagawea path towards Ice Harfor Dam trail linkage; ii) place drinking fountains, shade trees, and restroom facilities at strategic points; iii) Develop Town of Ainsworth archaeology site iv) Consider the possibility of a cantilevered pedestrian fridge built to the side of the 5N5r bridge Page 107 of 1 15 Page 437 of 459 m va c� 0 co 0 Owl N W E S Ainsworth Town Segment �j Bodo L—h ® P.r-gA— PUIhMJaI HeAEeI&ea � Oar '. Hm., Mdrkdr Ree. EFI E I' Saco�awea Tral Rra.ase+t She0.er Owl W e s Ainsworth Town Proposed Legend Saeag— Trail P�ppaaed P.1-fial Hl bfta9 Area Pmkl , Area r� Parha Railaroad TidewaterTerminal a) Ownership: %N5r Railway/Tidewater Terminal Company/Washington State Parks and Recreation Commissions. e Natural Features: Steep sloe; �NS� R -O -W ;industrial uses; 6) Landscap US-1 2 highway and bridge C) Transportation: There are no Public access Points to any Portion of this segment. Plans are being considered to connect Saca)awea State Park with the Columbia Plateau Trail (CPT). Currently two existing, off-site fuel tank farms Prevent a direct link between CPT and the park. While the Washington State Parks and Recreation Commission owns the former ff)N5r Railroad ROW)ust north of the Tidewater terminal, the Southern part of CPT to Ice Harbor has yet to be developed and the trail still has railroad tracks and is used for railcar storage. The Washington State Department of Transportation (W5DOT) is scoping a project to build an interchange over highway 1 2. The current W5DOT plans include a bridge wide enough to include a bike lane. One potentially indentified route would follow Sacajawea Park Road up to the bridge and a route would have to be identified to connect from the bridge to the Southern end of the Trail. J) General Land Use Pattern: this area is developed with two fuel storage tank facilities, with the balance of the land being vacant. e) Linkage and Amenities Opportunities: Plans are being considered to connect Saca)awea State Park with the Columbia Plateau Trail (CPT). The Washington State Parks and Recreation Commission owns the former 5NSF Railroad ROW just north of the Tidewater terminal. W5DOT is scoping a project to connect Saca)awea Park to the CPT via Saca)awea Park Road up to an interchange over highway 12, including a bridge wide enough to include a bike lane. 0 Linkage and Amenities Constraints: Two off-site fuel tank farms prevent a direct IML between the Columbia Plateau Trail and the park. While the Washington State Parks and Recreation Commission owns the former 5N5F Railroad ROW just north of the Tidewater terminal, the Southern part of CPT to Ice Harbor has yet to be developed and the trail still has railroad tracks and is used for railcar storage. Page 1 10 of 1 15 Page 440 of 459 g) KECOMME-NDATIONS: Long --Term Kecommendations: i) Continue the 5acagawea Tram/Columbia Plateau Tram towards the Columbia Plateau/Ice Harbor Dam tram linkage; ii) Install drinLing fountains, shade trees, and restroom facilities at strategic points; iii) Consider the possibility of a cantilevered pedestrian bridge bunt to the side of the ANSI= kridge page 1 1 1 of 1 13 Page 441 of 459 Owl Tidewater Port Proposed Legend T,,), I P, 1p—J Rwbr—d Iter Segment N W E 300 600 goo 1200 F -I K This Page Intentionally Left t)lanL Page 443 of 459 APPENDIX D AGENCY COMMENT/RESPONSE SUMMARY TABLE Page 444 of 459 Appendix D Agency Comment/Response Summary Table Agency Comment/Response Summary Table: Draft Inventory, Analysis, and Characterization Report — March 2014 Draft City of Pasco SMP Update Inventory, Analysis, and Characterization Report October 2014 City of Pasco SMP Update D-1 131050-01.01 Comment No. Section Commenter Page Comment Response Angela San Filippo Maps It would be helpful to see the subreach breaks on Reach and subreaches added to Map Folio's 1 Map Folio Ecology 9a&b the zoning and land use maps as well. This would land use and zoning map (Maps 9 and 10). 5/29/14 and help to better understand the decisions on 10a&b preliminary environment designations. Angela San Filippo It is very difficult to differentiate between the two Revised hatching color of RS -20 to help 2 Map Folio Ecology Map 10a zones: RS -20 and RS -12. visually differentiate. 5/29/14 and 10b Angela San Filippo It would be helpful if [Geologic Hazards] identified Added Geologic Hazard Areas to the Map 3 Map Folio Ecology Map 4 on a map. Folio (Map 4 — Surficial Geology). 5/29/14 Total Acreage Column - Should this number and the No revision necessary — correct as is. Table 8 Section 4.1— Angela San Filippo Table 9 total (25,763 + 577 = 26,340) add up to the includes the shoreline numbers summarized 4 Land Cover Ecology Pg. 14, total acreage in Table 6 (28,061)? in Table 9. Types 5/29/14 Table 8 New note added to Table 8: 1 = Includes shoreline jurisdiction. The City is part of the Tri -Cities Metropolitan Area Data mismatch is explained in new in southeast Washington and includes 25,247 acres introduction text to Section 4: in the current incorporated City limits and an Section 4.2.1— Angela San Filippo additional 5,433 acres within its associated UGA. The summary of acreages provided in the 5 Existing Land Ecology Pg. 15 Tables 6 through 12 are meant to illustrate Use 5/29/14 Based on my reading of this these numbers should the general distribution of ownership, land reflect the numbers in the preceding tables. Since cover, and land use types within the City and they don't, where are they coming from? I see, its shoreline jurisdiction. The acre values are they are coming from Table 10, but I still don't based on a variety of data sources and do understand why the numbers from the other tables not reflect the exact total acreage of land Inventory, Analysis, and Characterization Report October 2014 City of Pasco SMP Update D-1 131050-01.01 v CD rn Appendix D Agency Comment/Response Summary Table Inventory, Analysis, and Characterization Report 0 City of Pasco SMP Update o, I13AO October 2014 131050-01.01 Comment No. Section Commenter Page Comment Response aren't consistent with these. within the City or its shoreline jurisdiction. Data mismatch between the total acreages provided in Tables 6 through 12 are due to the data sources and the lack of zoning designations for UGA areas. Total Acreage Column - Again, this number is See Response to Comment 2. different than the 577 acres of land in shoreline as Section 4.2.1— Angela San Filippo presented in Table 9. 1 understand that there are 6 Existing Land Ecology b 16,le 11 Table uncertainties and it is difficult to obtain exact Use 5/29/14 acreages but there should be some kind of explanation as to why different numbers are used to seemingly represent the same thing. Section 4.2.1— Angela San Filippo Total Acreage Column -Same comment with the See Response to Comment 2. 7 Existing Land Ecology Pg. 18, numbers not being consistent throughout. This Use 5/29/14 Table 12 explains the difference between Tables 12 and 11 but not between Tables 12, 11, and 9. Section 4.7 — Angela San Filippo It would be helpful if [Geologic Hazards] identified Geologic Hazard areas added to Map Folio, 8 Geologic Ecology b 25,le 13 Table on a map. Map 4. Hazards 5/29/14 Section 5.1.3.2 This [section text] already been covered in the Repeated text deleted. Section now — Water Angela San Filippo surface water quality section. references description in Section 4.6.2. 9 Quality Ecology Pg.35 Conditions in 5/29/14 Pasco The aquatic habitat. Many ESA -listed anadromous Correct language is included in the Microsoft salmonid species are found within the two rivers, Word version. We will confirm missing Section Angela San Filippo including bull trout, steelhead, sockeye, and spring language is there when creating a PDF of the 10 5.1.4.2.2 - EcologyP g� 42 and fall Chinook salmon. final document. Aquatic 5/29/14 Habitat This sentence doesn't make a lot of sense. The aquatic habitat supports numerous Delete "This aquatic habitat.." from the previous resident and anadromous fish, aquatic page or complete that sentence and split this into invertebrates, and numerous migratory bird Inventory, Analysis, and Characterization Report 0 City of Pasco SMP Update o, I13AO October 2014 131050-01.01 Appendix D Agency Comment/Response Summary Table Inventory, Analysis, and Characterization Report 0 City of Pasco SMP Update Ln D-3 October 2014 131050-01.01 Comment No. Section Commenter Page Comment Response two different sentences. species. Many ESA -listed... Section Angela San Filippo What about subreaches 5a, 5d, 6a, and 8a? Table 17 has been revised to include missing 11 5.3.4.2, EcologyPg. 56, subreaches. Preliminary ED 5/29/ Table 17 Considerations Chiawana, Wade, Riverview, Schlagel, and Sacajawea Subreaches added to Map Folio — Map for parks (SR 3a, 5c, and 6b and Ownership and Public Access, Land Use, and Reach 7) Zoning. The parks themselves are considered high Section 5.3.4.2 states: intensity? This seems counter intuitive, it would The listing of these areas under the high Section help if the map folio showed the subreaches in intensity and other categories should not 5.3.4.2, Angela San Filippo Pg. 56, relation to the parks, existing zoning, and land use. imply p y that this is what these areas will be 12 Preliminary ED Ecology gy Table 17 Also the description of subreach 3a in the Reach designated in the SMP update process. Considerations 5/29/14 Characterization appendix indicates this subreach pp Developing and applying environment is almost entirely encompasses Chiawana Park. designations in the City will occur with more detailed analysis of the information in this report, input from the City Planning Commission, Ecology, and from the public during the shoreline visioning process and other public forums. • Consider a special designation area for leveed areas Noted along the Columbia River, where Section limited ecological function and future development 5.3.4.2, Angela San Filippo 56, potential exists, and the areas are 13 Preliminary ED Ecology Tab le 17 ab dedicated for public recreation as part of the regional 5/29/14 trail system Considerations • Consider a recreation -based designation for the several park areas Inventory, Analysis, and Characterization Report 0 City of Pasco SMP Update Ln D-3 October 2014 131050-01.01 v CD 00 Appendix D Agency Comment/Response Summary Table Inventory, Analysis, and Characterization Report 0 City of Pasco SMP Update o, Iia October 2014 131050-01.01 Comment No. Section Commenter Page Comment Response Both great ideas and I highly encourage tailoring the environment designations to fit the City of Pasco's needs and future goals. The public land on which the CBP infrastructure is Noted Stephanie Utter, situated are not meant for public access due to the 14 Public Access BOR, N/A hazards and the possibility that there could be 5/30/2014 people and equipment present maintaining the facilities. Reclamation has facilities (Pasco Pump Laterals Noted PPL) in Reach 1 that terminate before the Columbia River, and an interest in the U.S. Army Corp of Engineers (USACE) facility that runs parallel to the Columbia River in Reaches 3 and 4. The PPL is a series of constructed facilities used to distribute irrigation water to farmers for agricultural purposes, and the USACE facility collects surplus drainage from agricultural lands in and around the Stephanie Utter, Pasco area. 15 Public Access BOR, N/A Reclamation has management agreements with 5/30/2014 several agencies that operate and maintain land in and around shorelines throughout the CBP and Franklin County. Any upgrades to existing features on managed land, water, or facilities would be at the discretion of Reclamation and within Federal laws and regulations. At this time, Reclamation has no concerns with what has been proposed. However, we will continue to monitor the plan for concerns as it progresses through the process. 16 Shoreline Michael Ritter, N/A The IAC identifies that 1.2 miles of the Esquatzel No revision necessary. Copy of August 2014 Jurisdiction — WDFW, Coulee are within the City's jurisdiction, but due to Memo provided to Michael Ritter, WDFW. Inventory, Analysis, and Characterization Report 0 City of Pasco SMP Update o, Iia October 2014 131050-01.01 Appendix D Agency Comment/Response Summary Table No. Comment Section Commenter Page Comment Response Esquatzel 6/19/2014 justification provided in the Franklin County IAC Coulee and application of current SMP criteria, it should be removed as a shoreline of statewide significance for the current City of Pasco SMP update. It would be useful if this 1.2 mile section of the Esquatzel Coulee were shown on a map to better understand its relationship to development to either support the IAC that is should be deleted from the current SMP update or continued to be included as important shoreline habitat within the City of Pasco. v CD co Inventory, Analysis, and Characterization Report 0 City of Pasco SMP Update o, D-5 October 2014 131050-01.01 AGENDA REPORT FOR: City Council October 21, 2015 TO: Dave Zabell, City Manager Workshop Meeting: 10/26/15 FROM: Stan Strebel, Deputy City Manager SUBJECT: Amendment to Interlocal Agreement with City of Mesa for Municipal Court Services I. REFERENCE(S): Proposed Amendment Original Interlocal Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: In early 2013, the City entered into an interlocal agreement with the City of Mesa for Municipal Court Services. The agreement provides that Mesa will be able to use Pasco Municipal Court for the processing of citations written by Mesa officers. The agreement provides a fixed fee, payable to Pasco for each case and for the payment of actual costs for such things as jury panels. The original agreement was written for a two-year term, in order to give both parties the opportunity to evaluate the agreement before making longer commitments. The proposed amendment will change the agreement to provide for automatic two-year renewal terms unless either party provides notice of non -renewal 120 days prior to the end of the term. The Municipal Court Administrator indicates no issues with the implementation of the agreement and that there is very little activity from Mesa. In the event the City needs to adjust the fees and costs, such can be done prior to renewal of any term. Page 450 of 459 V. DISCUSSION: As the agreement appears to work well for both parties, staff recommends approval of the amendment. Page 451 of 459 Amendment No. 1 to Interlocal Agreement between the City of Mesa and the City of Pasco for Municipal Court Services and Facilities WHEREAS, the City of Mesa and the City of Pasco, each a municipal corporation organized under the laws of the State of Washington, entered into an Interlocal Agreement for Municipal Court Services and Facilities, effective February 1, 2013; and WHEREAS, the Cities desire to amend the Agreement to continue on an ongoing basis, unless terminated by either party, following notice; and WHEREAS, the Cities desire to formalize the Amendment; NOW THEREFORE, in consideration of the mutual covenants and promises set forth in the original Agreement and this Amendment thereto, and in exercise of the authority granted by the Interlocal Cooperation Act, Chapter 39.34 RCW, the City of Mesa and the City of Pasco do hereby agree to amend the Interlocal Agreement to read as follows: 20. Duration and Termination. The term of this Agreement shall be for a period of two (2) years, (initial term 2/1/13-1/31/15) which shall be automatically renewed for successive two (2) year terms unless either party provides written notice of non -renewal to the other party at least 120 days prior to the end of the current term. Either party may elect to terminate the Agreement by written notice of termination to the other party. Said termination shall become effective 180 days from the date of receipt of said written notice. This Amendment shall become effective upon approval and execution by both parties and by the posting of the Amendment to the Agreement on the website of either of the Cities party hereto. Dated this day of , 2015. CITY OF PASCOCl/ TY OF MESA .� Matt Watkins, Mayor David Ferguson, Mayo ATTEST Debbie Clark, City Clerk APPROVED AS TO FORM Lee Kerr, Attorney TTESI eresa Stan ridge, City derk APPROVED AS TO FORM Lee Kerr, Attorney Page 452 of 459 INTERLOCAL AGREEMENT BETWEEN THE CITY OF MESA AND THE CITY OF PASCO FOR MUNICIPAL COURT SERVICES AND FACILITIES WHEREAS, the City of Mesa (hereafter "Mesa") is a municipal corporation organized under the laws of the State of Washington; and WHEREAS, the City of Pasco (hereafter "Pasco") is a municipal corporation organized under the laws of the State of Washington; and WHEREAS, each of the parties to this Agreement is authorized under Washington law to operate a municipal court (Chapter 3.50 RCW); and WHEREAS, Chapter 39.34 RCW ("The Interlocal Cooperation Act") permits municipal corporations to contract with one another to perform any act that each is independently authorized to perform; and WHEREAS, RCW 39.34.180 and 3.50.805 authorize municipal corporations to enter into interlocal agreements for municipal court services; and WHEREAS, Pasco currently operates a municipal court, and WHEREAS, Pasco is willing to provide these municipal court services to Mesa; and NOW, THEREFORE, in consideration for the mutual covenants and promises set forth in this Agreement, and in the exercise of authority granted by the Interlocal Cooperation Act, Chapter 39.34 RCW, Mesa and Pasco do hereby agree to the following: L Purpose. The purpose of this Agreement is to provide municipal court services to Mesa. 2. Administration. The following individuals are designated as representatives of the respective parties. The representatives shall be responsible for administration of this Agreement and for coordinating and monitoring performance under this Agreement. In the event such representatives are changed, the party making the change shall notify the other party. The City of Pasco's representative shall be Dot French, Court Administrator. City of Mesa's representative shall be Teresa Standridge, City Clerk. No joint acquisition of real or personal property is contemplated hereunder. Mesa agrees that court operations under this Agreement will be as provided for by Pasco Municipal Code Chapter 2.14. 3. Duties of Pasco. Pasco shall perform the following duties: (a) Provide all municipal court services for Mesa. For the purpose of this Page 453 of 459 Agreement, "Municipal Court Services" shall include all local court services currently provided by Pasco Municipal Court including, filing, processing, adjudication, and penalty enforcement of all Mesa cases filed, or to be filed, by Mesa in Pasco Municipal Court. This includes, but is not limited to, issuance of search and arrest warrants, issuance of subpoenas for non -criminal traffic citations to an officer or radar expert on behalf of a defendant when a timely and written request is submitted in conformance with IRLJ 3.1 (a) and local court rules, setting of motions and evidentiary hearings, pre -trials, bench trials, jury trials, sentencing, reviews, post -trial motions and provide court security. Pasco shall provide all necessary court services personnel, equipment and facilities to perform the foregoing described Municipal Court Services in a timely manner as required by law and court rule. (b) Provide facilities, materials, and support staff of the municipal judge and pro tem judge(s). (c) Compensate the municipal judge and pro tem judge(s), as per the terms of this Agreement. (d) Accept all misdemeanor criminal and infraction flings and timely process and adjudicate the same. (e) Remit all revenues due to Mesa pursuant to this agreement. (f) Provide collection services to collect court -mandated costs and assessments. (g) Provide monitoring of court ordered probation. (Pasco shall retain revenue associated with assigned probation cases). (h) Provide for necessary language interpretation services. (i) Provide Prosecution and Public Defense services, as needed. 4. Duties of Mesa. Mesa shall perform the following duties: (a) Filing of Tickets. Criminal citations and infractions issued by Mesa shall be filed with the Pasco Court within 2 business days after the violation or ticket issuance. If a person is booked into jail, Franklin County Sheriff must fax the police report to the Pasco Municipal Court no later than 8:00 AM the next day. (b) Warrants. Whenever Mesa executes a warrant, Mesa shall contact the Pasco Municipal Court and make a return on the warrant as soon as possible. (c) Jail Costs. Mesa is responsible for incarceration arrangements for its defendants and the cost for such incarceration. (d) Appeals. In the event that Mesa files an appeal, Mesa shall be responsible for all costs and fees necessary to effect and prosecute said appeal. 5. Mesa Municipal Court Created. Mesa is creating a municipal court. This court is being established for statutory purposes only. Mesa hereby designates the Pasco Municipal Court to operate as the municipal court for Mesa. A case filed in Pasco Municipal Court will continue to be identified as a case filed by Mesa. (a) Municipal Judge. The Mayor of Mesa shall appoint a Municipal Judge to preside over its respective municipal court. Mesa agrees to appoint the current Pasco Municipal Judge to this position. The appointed Municipal Judge shall be qualified in accordance with state law, including holding a law degree and being admitted to practice law under the laws of the State of Washington. Interlocal Agreement between City of Mesa and City of Pasco for Municipal Court Services Page 2 Page 454 of 459 (b) Court Administrator. Mesa shall appoint a Court Administrator to supervise the municipal court. Mesa agrees to appoint the current Pasco Court Administrator to this position. The appointed Court Administrator shall be qualified in accordance with City of Pasco Municipal Court current job description. (c) Salary. Mesa shall provide that the Judge and Court Administrator shall be compensated as established by the City of Pasco. 6. Cost of Contract and Payments. Mesa shall pay Pasco for providing municipal court/ hearing services on a per case basis as follows; (a) For each criminal citation filed- $300. (b) For each traffic, parking, or non -traffic infraction filed- $50. (c) For each case which requires assignment of the City Prosecutor- $100; Jury trial- $400. (d) For each case which requires assignment of a public defender- $170; Jury trial- $440. (e) Actual costs for each jury panel. (f) For each case which requires assignment of arraignment counsel- $60. Hearing services for vehicle impounds and dangerous dogs will be provided at $80/hr. Services will be scheduled through the Pasco City Clerk, by Mesa, as needed. These fees shall be paid regardless of whether the cases are later dismissed without a frill adjudication. Pasco shall bill Mesa on a monthly basis for amounts due under this Agreement. Mesa shall pay the amount due within 45 days of receipt. However, if Mesa has a good faith dispute with the amount of the invoice, Mesa shall pay the non -disputed amount within the time frame set forth in this section. 7. Compensation for Court Costs. Pursuant to RCW 3.62.070 and RCW 39,24.180, Pasco shall remit to Mesa Local Court Revenues as distributed by the Judicial Information System (JIS) database, for Mesa cases, at the end of each month. Mesa shall be responsible to remit all monies due and owed to the State of Washington in connection with Mesa's cases. In entering into this Agreement for Municipal Court Services, Mesa and Pasco have considered, pursuant to RCW 39.34.180, the anticipated costs of services, anticipated and potential revenues to fund the services, including fines and fees, filing fee recoupment, criminal justice funding, and state sales tax funding. 8. Local Court Revenues Defined. The Local Court Revenues include all fines, forfeited bail, penalties, court cost recoupment and parking ticket payments derived from Mesa cases filed after payment of any and all assessments required by state law thereon. Local Court revenues include all revenues defined above received by the Court as of the effective date of this agreement. Local Court Revenues exclude; restitution or reimbursement to Mesa or a crime victim, or other restitution as may be awarded by a judge. Interlocal Agreement between City of Mesa and City of Pasco for Municipal Court Services Page 3 Page 455 of 459 9. Monthly Reporting and Monthly Payment to City. Pasco shall provide to Mesa a monthly remittance report and a check or wire transfer for Local Court Revenues no later than ten business days after the end of the calendar month. In addition, Pasco will provide to Mesa a monthly report listing Mesa cases filed with Pasco Municipal Court for said month. 10. Indemnification. (a) Mesa Ordinances, Rules and Regulations. In executing this Agreement, Pasco does not assume liability or responsibility for or in any way release Mesa from any liability or responsibility which arises in whole or in part from the existence or effect of Mesa ordinances, rules, or regulations, policies or procedures. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any Mesa ordinance, rule, or regulation is at issue, Mesa shall defend the same at its sole expense and if judgment is entered or damages are awarded against Mesa, Pasco, or both, Mesa shall satisfy the same, including all chargeable costs and attorneys' fees. (b) Mesa Indemnification of Pasco. Mesa shall indemnify, defend, and hold harmless Pasco, its officers, agents and employees, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, including costs and attorneys' fees in defense thereof, for injuries, sickness or death of persons (including employees of Mesa), or damage to property, or the violation of any person's civil rights, which is caused by or arises out of Mesa's acts errors or omissions with respect to the subject matter of this agreement; provided, however; (i) Mesa's obligation to indemnify, defend and hold harmless shall not extend to injuries, sickness, death, damage or civil rights violations caused by or resulting from the sole actions or negligence of Pasco, its officers, agents or employees; and (ii) Mesa's obligation to indemnify, defend, and hold harmless for injuries, sickness, death, damage or civil rights violations caused by or resulting from the concurrent actions or negligence of Mesa and Pasco shall apply only to the extent that Mesa's actions or negligence caused or contributed thereto. (c) Pasco Indemnification of Mesa. Pasco shall indemnify, defend, and hold harmless Mesa, its officers, agents and employees, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, including costs and attorneys' fees in defense thereof, for injuries, sickness or death or persons (including employees of Pasco), or damage to property, or the violation of any person's civil rights, which is caused by or arises out of Pasco' acts, errors or omissions with respect to the subject matter of this agreement; provided, however (i) Pasco's obligation to indemnify, defend and hold harmless shall not extend to injuries, sickness, death, damage or civil rights violations caused by or resulting from the sole actions or negligence of Mesa, its officers, agent or employees; and (ii) Pasco's obligation to indemnify, defend and hold harmless for Interlocal Agreement between City of Mesa and City of Pasco for Municipal Court Services Page 4 Page 456 of 459 injuries, sickness, death, damage or civil rights violations caused by or resulting from the concurrent actions or negligence of Pasco and Mesa shall apply only to the extent that Pasco's actions or negligence caused or contributed thereto. (d) Indemnification for Events Occurring Prior to Termination of Court Services. The obligation to indemnify, defend and hold harmless for those injuries provided for in Sections I I (b) and I I (c) extends to those events occurring prior to the termination of court services under this Agreement. No obligation exists to indemnify for injuries caused by or resulting from events occurring after the last day of court services under this Agreement. The obligation, of a party, to indemnify, defend, and hold harmless, under Sections I I (b) and 11(c) shall survive termination of this Agreement for any event that occurred prior to such termination. 11. Actions Contesting Agreement. Each party shall appear and defend any action or legal proceeding brought to determine or contest: (i) the validity of this Agreement and/or (ii) the legal authority of Mesa and/or Pasco to undertake the activities contemplated by this Agreement. If both parties to this Agreement are not named as parties to the action, the party named shall give the other party prompt notice of the action and provide the other an opportunity to intervene. Each party shall bear any costs and expenses taxed by the court against it; any costs and expenses assessed by a court against both parties jointly shall be shared equally. 12. Independent Contractor. Each party to this Agreement is an independent contractor with respect to the subject matter herein. Nothing in this Agreement shall make any employee of Mesa a Pasco employee for any purpose, including, but not limited to, for withholding of taxes, payment of benefits, worker's compensation pursuant to Title 51 RCW, or any other rights or privileges accorded Pasco's employees by virtue of their employment. Nothing in this Agreement shall make any employee of Pasco a Mesa employee for any purpose, including but not limited to for withholding taxes, payment of benefits, worker's compensation pursuant to Title 51 RCW, or any other rights or privileges accorded Mesa employees by virtue of their employment. At all times pertinent hereto, employees of Pasco are acting as Pasco employees and employees of Mesa are acting as Mesa employees. 13. Notice. Any notice or other communication given hereunder shall be deemed sufficient, if in writing and delivered personally to the addressee, or sent by certified or registered mail, return receipt requested, addressed as follows, or to such other address as may be designated by the addressee by written notice to the other party: To Pasco: Dot French, Court Administrator City of Pasco 525 North 3rd Avenue Pasco, WA 99301 509-545-3492 Interlocal Agreement between City of Mesa and City of Pasco for Municipal Court Services Page 5 Page 457 of 459 To Mesa; Teresa Standridge, City Clerk PO Box 146 Mesa, WA 99343 (549) 265-4253 14. Partial Invalidity. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. Any provision of this Agreement which shall prove to be invalid, void or illegal shall in no way affect, impair, or invalidate any other provisions hereof, and such other provisions shall remain in full force and effect. Notwithstanding the foregoing, this Agreement shall be subject to re -negotiation as provided in this Agreement. 15. Assignability. The rights, duties, and obligations of either party to this Agreement may not be assigned to any third party without the prior written consent of the other party, which consent shall not be unreasonably withheld. 16. Entire Agreement. This Agreement contains the entire understanding between the parties and supersedes any prior understandings and agreements between them regarding the subject matter hereof. There are no other representations, agreements, or understandings, oral or written, between the parties hereto relating to the subject matter of this Agreement. No amendment of, or supplement to, this Agreement shall be valid or effective unless made in writing and executed by the parties hereto. 17. Mediation/Arbitration Clause. In the event of a dispute regarding the breach, interpretation, or enforcement of this Agreement, the parties shall first meet in a good faith effort to resolve the dispute. In the event that the parties, either with or without the assistance of a mediator cannot resolve the dispute, such dispute shall be resolved by binding arbitration pursuant to RCW 7.04A. The costs of the arbitrator shall be equally borne between the parties, however the Arbitrator may award attorney fees and costs of the substantially prevailing party as an additional award against the other. Venue shall be placed in Pasco, Washington and in the event of a de novo appeal, the parties waive their respective rights to a jury trial. 18. Captions. The section and paragraph captions used in this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. 19, Interlocal Cooperation Act Provision. No separate legal or administrative entity is intended to be created pursuant to this Agreement. No special fund or budgets are anticipated, nor shall be created as a result of this Agreement. For the purpose of administration, the City Manager, or his designee, is designated as the Administrator on behalf of the City of Pasco; and the Mayor, or the Mayor's designee, is designated as the Administrator on behalf of the City of Mesa. A copy of this Agreement shall be filed with the Franklin County Auditor, or alternatively listed by subject on either Parties' website or other electronically retrievable public source. Interlocal Agreement between City of Mesa and City of Pasco for Municipal Court services Page 6 Page 458 of 459 20. Duration and Termination. The terms of this Agreement shall be for a period of two (2) years. The Agreement shall take effect on, 2013 or as soon thereafter as all of the following events have occurred: (a) Approval of the Agreement by the official action of the governing bodies of each of the parties hereto. (b) Execution of the Agreement by the duly authorized representative of each of the parties hereto. (c) Filing a copy of this Agreement with the Franklin County Auditor. Either party may elect to terminate this Agreement by written notice of termination to the other party delivered by regular mail to the contact person identified herein. Said termination shall become effective one -hundred eighty (180) days from the date of receipt of said written notice. DATED this ?2 day of 2013. CITY OF PASCO Matt Watkins, Mayor ATTEST �f De ie Clark, City Clerk APPROVED AS TO FORM Lee Kerr, Attorney TY F MESA David M. Ferguson, Ma ATTEST (,I,- � - Teresa ndridge, City Clerfe APPROVED AS TO FORM Lee Kerr, Attorney Interlocal Agreement between City of Mesa and City of Pasco for Municipal Court Services Page 7 Page 459 of 459