Loading...
HomeMy WebLinkAbout4526 Ordinance - Development RegulationsORDINANCE NO. 4526 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, AMENDING PMC 12.36.040 "EXCEPTIONS"; AMENDING PMC 25.15.030 "DEFINITIONS"; CREATING PMC 25.165.205 "ELECTRIC VEHICLE BATTERY CHARGING STATIONS"; CREATING PMC 25.197 "MINERAL LANDS"; AND AMENDING PMC 25.215.020 "COMPREHENSIVE PLAN AMENDMENT" ADOPTING DEVELOPMENT REGULATIONS CONSISTENT WITH THE PERIODIC REVIEW AND UPDATE UNDER THE WASHINGTON STATE GROWTH MANAGEMENT ACT. WHEREAS, the Growth Management Act, in RCW 36.70A.130 requires the City of Pasco to take legislative action to review, and if needed, revise its Comprehensive Plan and development regulations to ensure their continued compliance with the requirements of 36.70A; and WHEREAS, the Pasco City Council adopted Resolution No 3998 on October 5, 2020 adopting Volume 1 and Volume 2 of the 2018-2038 Comprehensive Plan and Future Land Use Map; and WHEREAS, the City of Pasco, during the process of its periodic review and update, has reviewed development regulations for consistency with the Growth Management Act and identified needed amendments; and WHEREAS, the Pasco Planning Commission conducted a public hearing on February 18, 2021 and recommended the amendments be forwarded to the Pasco City Council for approval; and WHEREAS, staff was notified on March 4, 2021 confirming our compliance with the Growth Management Act's notification to state agency requirements in RCW 36.70A.106. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 12.36.040 entitled "Exceptions" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 12.36.040 Exceptions. Unless otherwise provided, the following development activities shall not require a concurrency evaluation or the payment of a traffic impact fee: (1) Neighborhood parks, boundary line adjustments, tax parcel segregations, final plats, incidental residential permits, sign permits, tenant improvements and remodels that do not result in the expansion of existing buildings. Ordinance — Development Regulations Updates - 1 (2) The requirement under PMC 12.36.080(1) for adjoining street improvements may be satisfied to accommodate a single dwelling on a lot platted prior to January 1, 2011, provided: (a) The street is included within the City's Six -Year Capital Improvement Plan. (b) The permittee pays the proportionate share of the planned street improvement to the City in conjunction with the building permit. (c) The criteria for consideration of placing a street in the Capital Improvement Plan shall include: (i) The cost of constructing the required improvement creates a disproportionate burden upon the permit applicant; (ii) The required improvement is necessary for beneficial use of the property; (iii) The required improvements would benefit more than the permit applicant/owner; (iv) The required improvement is on a collector, minor or principal arterial; (v) The required improvements are unlikely to be funded through other means within the Capital Improvement Plan timeframe; and (vi) The City will establish a latecomer agreement at the time of constructing the required improvement and has a reasonable expectation at the time the improvement is included in the City's Capital Improvement Plan that the City will recoup a sufficient portion of the costs of constructing the improvement. (d) Nothing in this subsection (2) of this section shall be construed as requiring the City Council to include a particular street within the Capital Improvement Plan. (e) Highways of Statewide Significance are exempt from concurrency evaluation. [Ord. 3993, 2011; Ord. 3821 § 1, 2007; Code 1970 § 12.36.040.] Section 2. That Section 25.15.030 entitled "Definitions" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.15.030 A definitions. "Accessory dwelling" means a second and subordinate dwelling unit added to or created within a single-family dwelling that provides basic requirements for living, sleeping, cooking and sanitation. "Accessory use" means a use subordinate to the principal use and located on the same lot with such principal use. Ordinance — Development Regulations Updates - 2 "Adult entertainment" means: (a) Any exhibition, performance or dance conducted in an adult entertainment facility where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas; or (b) Any exhibition, performance, or dance intended to sexually stimulate any patron and any conduct in an adult entertainment facility where such exhibition, performance or dance is performed for, arranged with, or engaged in with fewer than all patrons in the adult entertainment facility at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance. For purposes of example and not limitation, such exhibitions, performances, or dances are commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing, or straddle dancing. (c) Any exhibition, performance, display, dance, presentation, or dance of any type conducted in an adult entertainment facility and involving a person who is unclothed or in such attire, costume, or clothing as to expose to view any specified anatomical area, or who touches, caresses or fondles any specified anatomical area of themselves or another person, or permits touching, caressing or fondling of any of their own specified anatomical areas. "Adult entertainment facility" means any of the following: (a) "Adult arcade" means a commercial establishment which contains individual viewing areas or booths, where for any form of consideration, including but not limited to membership fee, one or more still or motion picture projectors, slide projectors, or other similar image -producing machines are used to show films, motion pictures, computer images or pictures, video cassettes, slides, or other visual or sensory representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. (b) "Adult cabaret" means a nightclub, bar, restaurant, tavern, or similar commercial establishment, whether or not alcoholic beverages are served, that regularly features adult entertainment. (c) "Adult retail establishments" are commercial establishments such as a bookstore, video store, or novelty shop in which any one or more of the following constitute more than 20 percent of the establishment's stock -in -trade for sale, rent, or any other form of consideration: (i) Books, magazines, periodicals or other printed materials, or photographs, films, motion pictures, video cassettes, slides or other visual or sensory representations that are distinguished or characterized by a predominant emphasis Ordinance — Development Regulations Updates - 3 on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas; or (ii) Instruments, devices, or paraphernalia designed for use in connection with any specified sexual activities. (d) "Adult motel" means a motel, hotel or similar commercial establishment which: (i) Offers sleeping accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other visual or sensory representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas, and that has a sign visible from the public right-of-way that advertises the availability of such sexually oriented materials; or (ii) Offers a sleeping room for rent on a rental fee period of time that is less than 10 hours; or (iii) Allows a tenant or occupant of a sleeping room to sub rent the room for a period of time that is less than 10 hours. (e) "Adult mini motion picture theater" means a commercial establishment with a capacity for less than 50 persons, where for any form of consideration motion pictures, films, video cassettes, slides or similar visual or sensory representations are shown that are distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas. (f) "Adult motion picture theater" means a commercial establishment where for any form of consideration motion pictures, films, video cassettes, slides, or other similar visual or sensory representations are shown that are distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas. (g) "Adult nude photography shop" means a commercial establishment used for the business of allowing customers to photograph any "specified anatomical areas" of a person or persons, or for the customer to be so photographed with or without other persons. (h) "Body painting shop" means a commercial establishment used for the business of allowing customers to paint the body of a person or persons, or to allow the customer's body to be painted. (i) Other adult entertainment facility" means any commercial establishment not defined elsewhere in the Pasco Municipal Code where adult entertainment or sexually oriented materials are regularly conducted, displayed, or available in any form, for any type of consideration and which represent more than 20 percent of the business's stock -in -trade; Ordinance — Development Regulations Updates - 4 provided, however, that a public library, school, university, or similar accredited educational or scientific facility shall not be considered an adult entertainment facility. In addition, a commercial establishment which offers access to telecommunication networks as a principal business purpose shall not be considered an adult entertainment facility unless the access it provides is for the primary purpose of displaying or presenting visual images that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. "Affordable housin," means residential housing for rental occupancy which, as lona as the same is occupied by low-income households, as defined in RCW 43.185A.010, requires payment of monthly housing costs, including utilities other than telephone, of no more than thirty percent of the family's income. For the purposes of housing intended for owner occupancy, "affordable housing" means residential housing that is within the means of low or moderate -income households. "Agricultural uses (commercial)" means agricultural activities, involving 10 or more acres, carried on as a commercial enterprise with the object of gain, benefit, or advantage, directly or indirectly. Agricultural uses (commercial) do not include feed lots, stockyards, dairies, hog farms or poultry husbandry. "Agricultural use (limited)" means an agricultural operation, including the construction of farm buildings and the keeping of farm animals upon the premises, but the agricultural operation shall be for a personal use only and not be carried on as a commercial enterprise where a profit is realized. "Alley" means a dedicated narrow service way, not more than 20 feet wide, providing a secondary means of public access to abutting properties. "Alterations" means, as applied to a building or structure: (a) A change or rearrangement of the structural or nonstructural parts in the existing facilities; or (b) An enlargement or addition on a building or structure; or (c) Moving a building or structure from one location or position to another; or (d) A change of use. "Amusement game center" means any building or portion thereof which contains more than two amusement game devices. "Amusement game device" means a machine or other device, whether mechanical, electrical, or electronic, to be operated by the public for the purpose of entertainment, amusement or as a game, the object of which is to score high or low by comparison to the score of other players, playing Ordinance — Development Regulations Updates - 5 concurrently or not, or to demonstrate skill or competence against an opponent, whether the opponent is the device or another person. It shall include such devices as pool tables, billiard tables, pinball machines, arcade video games and similar devices which use television screens or monitors to reproduce symbolic figures and lines intended to be representative of real games or activities. This definition shall not apply to vending machines for products unrelated to gaming, a device which does not require active participation by the player in the game, coin-operated machines which only provide music, or gambling devices regulated by state law. "Animal unit" means any one of the following: Steer, cow, milk cow, horse, mule/donkey, three goats, three sheep, three pigs, 20 chickens, 20 fowl or 20 rabbits. For the purpose of this definition, any newborn animal listed above shall be excluded until such time as it is weaned. "Antique" means a piece of furniture, glassware, silverware, art work or other items that are at least 60 years old and are distinguished from general secondhand personal property and collectibles by educational value, historic value, artistic value, ornamental character or intrinsic aesthetic merits. "Antique dealer" means an establishment having as its primary stock -in -trade antiques as that term is defined in this chapter. "Apartment" means a building arranged, intended, or designed to be occupied by three or more families living independently of each other. "Assisted living facility" means a system of housing and care that is designed for two or more occupants who need some assistance with daily activities, and is required to be licensed by the State of Washington. "Auto body shop" means a building or portion of a building wherein there is engaged the business of improvement and restoration of automobiles and other motor vehicles by sanding, priming, painting, straightening and other like repair and restoration. "Auto dealership, new" means a business that is franchised or sanctioned through a dealership contract with an automaker or its sales subsidiary (e.g., Ford, Chrysler, Honda, BMW, etc.) to sell new vehicles at the retail level. Said dealership must include an on-site building greater than 8,000 square feet, with offices, a showroom, a parts department, service bays and indoor maintenance facilities. No more than 33 percent of a new auto dealership sales lot may be devoted to the display of pre -owned vehicles. "Auto detail shop" means a building or portion of a building wherein there is engaged the business of improvement of the appearance of automobiles or other vehicles defined in PMC 25.15.240 by washing, waxing, polishing or other like means not within the definition of an "auto body shop" (PMC 25.15.030). Ordinance — Development Regulations Updates - 6 "Auto repair facilities" means the machinery permanently installed on site to facilitate automobile repair, such as hydraulic lifts, hoists or repair pits. [Ord. 4369 § 6, 2017; Ord. 4149 § 1, 2014; Ord. 4121 § 1, 2013; Ord. 4110 § 5, 2013; Ord. 3354 § 2, 1999; Code 1970 §§ 25.12.015 — 25.12.093.] Section 3. That a new Section 25.165.205 entitled "Electric vehicle battery charging stations" of the Pasco Municipal Code shall be and hereby is created and shall read as follows: 25.165.205 Electric vehicle battery charging stations. (1) Purpose. To establish "electric vehicle infrastructure" (EVI) regulations for the city to allow EVI and to meet the intent of RCW 35A.63.107 requiring the city to allow EVI in all zones except for residential zones or for resource use. (2) Definitions. "Battery charaing station" means an electrical component assembly or cluster or component assemblies designed specifically to charge batteries within electric vehicles, which meet or exceed any standards codes and regulations set forth by Chapter 19.28 RCW or as it may be amended and consistent with rules adopted under RCW 19.27.540 or as it may be amended. "Battery Electric Vehicle (BEV)" means a type of electric vehicle (EV) that uses chemical energy, stored in rechargeable battery packs. As with other electric vehicles, BEVs use electric motors and motor controllers instead of internal combustion engines (ICES) for propulsion. Sometimes, all - electric vehicles are referred to as BEVs (although a plug-in hybrid vehicle is also a battery electric vehicle). "Battery exchange station" means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged batter through hrough a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by Chapter 19.27 RCW or as it may be amended and consistent with rules adopted under RCW 19.27.540 or as it may be amended. "Charging levels" means the electrical force, or voltage, at which an electric vehicle's battery is recharged. Levels 1 2, and 3 are the most common EV charging levels, and include the following specifications: (a) Level 1 is considered slow charging. Itr uires a 15- or 20 -amp breaker on a 120 - volt AC circuit and standard outlet. This level of charging can fully recharge a BEV between eight and 32 hours and a plug-in hybrid vehicle (PHEV) between three and 15 hours. (b) Level 2 is considered medium charging. It t requires a 40 -amp to 100 -amp breaker on a 240 -volt AC circuit. This level of charging can fully recharge a BEV between four and six hours and a PHEV between one and two hours. Ordinance — Development Regulations Updates - 7 (c) Level 3 is considered fast charging. It requires a 60 -amp or higher dedicated breaker on a 480 -volt or higher three-phase circuit with special grounding equipment. Level 3 charging uses an off -board charger to provide the AC to DC conversion, delivering DC directly to the car battery. Charging time ranges from 25 to 40 minutes for BEVs and less than 20 minutes for PHEVs. "Electric motorcycle" also referred to as an e -motorcycle, means a two or three -wheeled vehicle that operates either partially or exclusively, on electrical energy from the grid, or an off -board source, that is stored on board for motive purpose. "Electric vehicle" means any vehicle that operates, either partially or exclusively, on electrical energy from the grid or an off -board source that is stored on board for motive purpose. "Electric vehicle" includes: (a) Battery electric vehicle (BEV); (b) Plug-in hybrid electric vehicle (PHEV); (c) Neighborhood electric vehicle (NEV); (d) Medium -speed electric vehicle; and (e) Electric motorcycles. "Electric vehicle charging station" means a public or private parking space located together with a battery charging station which permits the transfer of electric energy (by conductive or inductive means) to a battery or other storage device in an electric vehicle. An electric vehicle char ig ng station is permitted as an accessory use to any principal use. However only a private battery charging station is permitted in a residential neighborhood. "Electric vehicle infrastructure" Where permitted means structures, machinery, and equipment necessary and integral to support an electric vehicle, including_ battery charging stations, rapid charging stations, and battery exchange stations. "Electric vehicle parking space" means any marked parking space that identifies the use to be exclusively for an electric vehicle. "Medium -speed electric vehicle" means a self-propelled, electrically powered four -wheeled motor vehicle equipped with a roll cage or crush -proof body design, whose speed attainable in one mile is more than twenty-five miles per hour but not more than thirty-five miles per hour and otherwise meets or exceeds the federal regulations set forth in 49 C.F.R. Sec. 571.500. "Neighborhood electric vehicle (NEV)" means an electric vehicle that is capable of traveling at a maximum speed of 25 mph. Ordinance — Development Regulations Updates - 8 "Plug-in Hybrid Vehicle (PHEV)" means a hybrid with high-capacity battery that can be charged by plugging, it into an electrical outlet or charging station. Such vehicles can store enough electricity to significantly reduce their petroleum use under typical driving conditions. "Rapid Charging Station" means an industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels, which meets or exceeds any standards, codes, and regulations set forth by Chapter 19.28 RCW or as it may be amended and consistent with rules adopted under RCW 19.27.540 or as it may be amended. (3) Design criteria: (a) Number Required. This is an optional improvement. No minimum number of stalls applies; provided, if electric vehicle stalls are reserved for electric vehicles, care should be taken to ensure enough spots are available for all of a site's parking, needs. (b) Generally. Location and layout of electric vehicle parking is expected to vary based on the design and use of the primary parking lot. It is expected flexibility will be required to provide the most convenient and functional service to users. Standards and criteria should be considered guidelines and flexibility should be allowed when alternatives can better achieve objectives for provision of this service. (c) Signage to Identify. Each charging station space should be posted with signage indicating the space is only for electric vehicle charging_ purposes. Days and hours of operation should be included if time limits or tow away_ provisions are to be enforced by the owner. (d) Directional Signage. Installation of directional suns at the parking lot entrance and at appropriate decision points to effectively guide motorists to the charging station space(s). ,(e) Maintenance. Charging station equipment should be maintained in all respects, including the functioning of the charging gquipment. (fAccessibility. Where charging, station equipment is provided within an adjacent pedestrian circulation area, such as a sidewalk or accessible route to the building entrance, charging equipment should be located so as to not interfere with accessibility requirements of WAC 51-50-005 or as it may be amended. (g) Lighting. Where charging, station equipment is installed, adequate site lighting should also be provided unless charging is for daytime purposes only. (h) Notification of Station Specifics. Information on the charging station must identify voltage and amperage levels and time of use, fees, and/or safety information. (4) Construction of chapter. Ordinance — Development Regulations Updates - 9 None of the standards herein shall have the effect of precluding the siting of electric vehicle infrastructure in areas where that use is allowed. Section 4. That a new Chapter 25.197 entitled "Mineral Lands" of the Pasco Municipal Code shall be and hereby is created and shall read as follows: Chapter 25.197 MINERAL LANDS Sections: 25.197.010 Purpose. 25.197.020 Applicability. 25.197.030 Mapping. 25.197.040 Title notification. 25.197.050 Plat notification. 25.197.060 Regulations. 25.197.010 Purpose. The purpose of this chapter is to regulate the use of land in and around mineral resource lands; to protect mineral extraction activities from new nearby incompatible uses; to protect existing mineral resource lands from encroachments; and to comply with the Washington State Growth Management Act. 25.197.020 Applicability. "Mineral resource lands" are lands primarily devoted to mining of mineral deposits or that have known or potential long-term significance for the mining of mineral deposits. "Minerals" include gravel, sand, and valuable metallic substances. 25.197.030 Mapping. Mineral resource lands subject to this title include the following: (a) Any area presently operating under a valid Washington State Department of Natural Resources (DNR) surface mining permit. (b) Any other area shall be classified a mineral resource land when: (i) A surface mining permit is granted by the DNR; and (ii) The mining operation is approved by the city for compliance with zoning regulations and the State Environmental Polices Ordinance —Development Regulations Updates - 10 25.197.040 Title notification. The owner of any mineral resource land or within 600 feet of a mineral resource land, for which an application for any permit is submitted, shall record a title notice with the Franklin County auditor. The notice shall be notarized and shall be recorded prior to approval of any development proposal for the site. 25.197.050 Plat notification. The owner of any site within this designation, on which a short subdivision or subdivision is submitted shall record a notice on the face of the plat. Such notification shall be in the form as set forth below. (1) Notice. This property lies within an area of land designated Mineral Resource Lands by the City of Pasco, or within 600 feet of such land. A variety of commercial mining activities occur in the area that may be inconvenient or cause discomfort to area residents. This may arise from the use of heavy equipment, chemicals, and spraying which may generate dust, smoke, and noise associated with the extraction of mineral resources. Such activities shall not constitute a public nuisance when conducted in accordance with state, federal, and local laws. The City of Pasco has established mining as a priority use on existing_ productive mineral resource lands, and residents of adjacent property should be prepared to accept such inconvenience or discomfort from normal, necessary mining operations. 25.197.060 Repaulations. The provisions of this chapter shall apply in conjunction with the regulations of 29.20 (Shoreline Modifications and Use Regulations) Section 5. That Section 25.215.020 entitled Comprehensive Plan amendment" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.215.020 Comprehensive Plan amendment. r^,.., oadment to the Gemp ehensive plan; Purpose. The purpose of this Chapter is to set forth the criteria and procedures for reviewing and evaluating proposed amendments to the City's Comprehensive Plan consistent with the requirements of the State Growth Management Act. (2) The City r eiepen its st the PlanningGe be! The Growth Management Act (GMA) requires that comprehensive plans be subject to continued review and evaluation and that any amendments or revisions to the comprehensive plan conform to the requirements of Chapter 36.70A RCW and that any changes to development regulations or official controls are consistent with and implement the comprehensive plan (RCW 36.70A.130(2)). Ordinance — Development Regulations Updates - 11 (3) The NaFffliiig Commis ; ,,, r;tia4e an open e g -€ewe -h ese-e€ Types of Comprehensive Plan Amendments defined. (a) "Periodic Comprehensive Plan amendment" means a modification to the city of Pasco's Comprehensive Plan, including, but not limited to. a text amendment, change to the comprehensive plan designations map or urban growth area amendment, and which occurs during any annual or other periodic review of public and private comprehensive plan amendment proposals. (b) "Comprehensive Plan element amendment" means a proposed change or revision to any of the required elements of the comprehensive plan such as the Land Use, Transportation, Housingor r Capital Facilities Elements. (c) "Emergency amendment" means any proposed change or revision to the comprehensive plan that arises from a situation that necessitates expeditious action to preserve the health, safety or welfare of the public, or to support the social, economic or environmental well-being of the city. Emergency amendments may be reviewed and acted gpon outside the annual amendment review cycle. (4) aeeepted dtH4ng afty time of the yeaf and held until sueh tiffie as a hearing is sAeduled; Initiation. Comprehensive Plan Amendments may be initiated by any of the following: (a) Property owner(s) or their representatives within the Urban Growth Area; (b) Any citizen, agency, neighborhood association or other party within the Urban Growth Area; or (c) City Council or City Staff. (5) All petitions- for- Gmpres a Dl,., ei}d�e��s..sed fellowing ... Applications. Applications for Comprehensive Plan Amendments shall be made on forms provided by the City. (6) Application Submittal. (a) Applicant Initiated. Comprehensive Plan Amendments shall be subject to a fully complete determination pursuant this chapter. The date upon which the City makes a fully complete determination shall be the date of registration with the Department of Community and Economic Development. Ordinance — Development Regulations Updates - 12 (b) Applicants are required to utilize the City's Pre -Application Meeting_ process prior to submitting a Comprehensive Plan Amendment application. (c) Non -Applicant Initiated. After submittal of a non -applicant -initiated application, the application shall be placed on the docket. (d) Docket of Comprehensive Plan Amendments. The Department of Community and Economic Development shall establish and maintain a docket of all complete applications. (7) Annual Review of Docket. (a) Sixty days prior to May 1 in each calendar Year, the City shall notify the public that the amendment process has begun. If May 1 falls on a non -business day for the City, the due date shall be the first business day after May 1. Notice shall be distributed as follows: (i) Notice published in appropriate regional or neighborhood newspaper or trade journal; (ii) Notice posted on the City's website; and (iii) Notice sent to all agencies, organizations and adjacent jurisdictions with a known interest. (b) All complete applications shall be docketed and reviewed concurrently„ on an annual basis and in a manner consistent with RCW 36.70A.130. (i) Complete applications received after May 1 of the previous calendar year and before May 1 of the current calendar year shall be included in the annual review. Those received after May 1 of the calendar year shall be placed on the docket for review at the following annual review. (ii) City Council Review of Docketed Requests. After the May 1 deadline, city staff will present the docketed requests to the Planning Commission (Commission) for review and a recommendation. The Commission's recommendation shall be forwarded to the City Council (Council) as soon as practical for Council review. The Council shall determine which specific docketed requests are processed based on the following criteria: (A) Timing of the requested amendment is appropriate, and Council will have sufficient information to make an informed decision; (B) The City will be able to conduct sufficient analysis, develop policy and related development regulations; (C) The requested amendment has not been recently rejected by Council; Ordinance — Development Regulations Updates - 13 (D) The amendment will further implement the intent of the City's adopted Comprehensive Plan or the Growth Management Act; (E) The amendment is not better addressed through another planning process. (iii) Statutorily Mandated Periodic Review. Amendment requests will not be docketed for review the year of, and the year prior to the deadline for completion of the periodic review. The deadline for completion of this review is specified in RCW 36.70A.130. (iv) Emergency Amendments. The City review and amend the Comprehensive Plan when the Council determines that an emergency exists or in other circumstances as provided for by RCW 36.70A.130(2)(a). (8) Notice of Open Record Hearing_ Comprehensive Plan Amendments require an open record hearing; before the Commission. (a) Contents of Notice. A notice of open record hearing shall include the following: (i) The citation, if any, of the provision that would be changed by the proposal along with a brief description of that provision; GO A statement of how the proposal would change the affected provision; (iii) A statement of what areas, Comprehensive Plan designations, zones, or locations will be directly affected or changed by the proposal; (iv) The date, time, and location of the open record hearing; (v) A statement of the availability of the official file; and (vi) A statement of the right of any person to submit written comments to the Commission and/or appear at the men record hearing of the Commission to give oral testimony on the proposal. (b) Distribution of Notice. The department shall distribute the notice pursuant to notification requirements of the Pasco Municipal Code. (c) Approval Criteria. The City may approve Comprehensive Plan Amendments if it finds that: (i) The proposed amendment bears a substantial relationship to the public health, safety, welfare, and protection of the environment; Ordinance — Development Regulations Updates - 14 (ii) The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the City's adopted Comprehensive Plan not affected by the amendment; (iii) The proposed amendment corrects an obvious mapping error; or (iv) The proposed amendment addresses an identified deficiency in the Comprehensive Plan. (9) Additional Factors. The City must also consider the following factors prior to approving Comprehensive Plan Amendments: (a) The effect upon the physical environment; (b) The effect on open space and natural features including, but not limited to, topogrgphy, streams, rivers, and lakes; (c) The compatibility with and impact on adjacent land uses and surrounding neighborhoods; (d) The adequacy of, and impact on community facilities, including utilities, roads, public transportation, parks, recreation, and schools, (e) The quantity and location of land planned for the proposed land use type and density and the demand for such land; (f) The current and protected project density in the area; and (g) The effect, if any upon other aspects of the Comprehensive Plan. (10) Planning_ Commission Recommendation -Procedure. Following the open record hearing, the Commission shall consider all applications concurrently, and shall prepare and forward a recommendation of proposed action for all applications to the Council. The Commission shall take one of the following actions on each application: (a) If the Commission determines that any proposal should be adopted, it may, by a majority vote, recommend that the Council adopt the proposal. The Commission may make modifications to any proposal prior to recommending the proposal to Council for adoption. If the modification is substantial, the Commission must conduct an open record hearing on the modified proposal, Ordinance — Development Regulations Updates - 15 (b) If the Commission determines that the proposal should not be adopted, it may, by a majority vote, recommend that the Council not adopt the proposal; or (c) If the Commission is unable to take either of the actions specified in subsection (I 0)(a) or b) of this section, the proposal will be sent to Council with the notation that the Commission makes no recommendation. (11) City Council Action. Within sixty (60 ) days of receipt of the Commission's findings and recommendations, the Council shall consider the findings and recommendations of the Commission concerning the applications. The Council may hold additional public hearings as necessary to make a decision. All annual amendments to the Comprehensive Plan shall be considered concurrently. Bymajority vote of its membership the Council shall take one of the following actions on each application: (a) Approve the application; (b) Deny the application; or (c) Modifythe he application. If the modification is substantial, the Council must either conduct a public hearing on the modified proposal, or refer the proposal back to the Commission for further consideration. (12) Transmittal to the State of Washington. At least sixty (60) days prior to final action being taken by the Council, the Washington State Department of Commerce shall be provided with a copy of the proposed amendments in order to initiate the 60 -day comment period. No later than ten days after adoption of the proposal, a copy of the final decision shall be forwarded to Department of Commerce. (13) Comprehensive Plan Element Amendments. (a) Amendments to any of the required elements of the comprehensive plan as defined in RCW 36.70A.070 shall be initiated by resolution approved by a majority vote of the City Council. (b) The City Council shall consider the amendments, conduct a public hearing on the amendments and adopt the element by ordinance. (14) Emergency Comprehensive Plan Amendments. (a) Emery amendments. as defined in this chapter shall be initiated by resolution approved by a vote of the council upon a finding that a situation exists that necessitates expeditious action to preserve the health, safety or welfare of the public; or to support the social, economic or environmental well-being of the City. Ordinance — Development Regulations Updates - 16 (b) Emergency amendments so initiated shall be forwarded to the director who shall immediately begin processing the initiated amendment in the manner set forth for the processing of annual comprehensive plan amendments. (c) Appropriate public notice and an opportunity for public comment, as determined by the nature of the emergency, must precede the adoption of emergency amendments to the comprehensive plan. [Ord. 3354 § 2, 1999; Code 1970 § 25.92.020.] Section 6. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, this 19th day of April, 2021. Saul Martinez Mayor ATTEST`: Debra Barham, CMC City Clerk Published: 1/ ZZI -e-0 ZI Ordinance — Development Regulations Updates - 17 APPRO AS TO FOXM: Kerr Fe City Attorney