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.
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(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.
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"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
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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;
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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).
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"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.
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(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.
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"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.
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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
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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)).
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(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.
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(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