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HomeMy WebLinkAbout2022.01.24 Council Special Meeting Packet AGENDA City Council Special Meeting 7:00 PM - Monday, January 24, 2022 City Council Chambers & GoToWebinar Page 1. MEETING INSTRUCTIONS for REMOTE ACCESS - The Pasco City Council Workshops are broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco. To listen to the meeting via phone, call (631) 992-3211 and use access code 613-585-088. 2. CALL TO ORDER 3. ROLL CALL (a) Pledge of Allegiance 4. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO 3 - 32 (a) Public Hearing and Ordinance - Olberding & Farm 2005 LLC (ANX 2021-003) CONDUCT A PUBLIC HEARING MOTION: I move to adopt Ordinance No. 4574, relating to annexation and annexing certain real property to the City of Pasco, and further, authorize publication by summary only. 5. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS 33 - 100 (a) Ordinance - PMC Amendments in Title 25 "Zoning" Increasing Residential Building Capacities - E2SHB 1923 MOTION: I move to adopt Ordinance No. 4575, amending Title 25 of the Pasco Municipal Code, "Zoning" to increase residential building Page 1 of 152 capacities per Washington State Engrossed Second Substitute House Bill 1923, and, further, authorize publication by summary only. 101 - 145 (b) Resolution - Ecology Loan Agreement for Wastewater Treatment Plant (WWTP) Phase 1 MOTION: I move to approve Resolution No. 4144, authorizing execution of the $22.26M Loan Agreement with the Department of Ecology for the Wastewater Treatment Plant (WWTP) Phase 1 Construction. 146 - 152 (c) *Resolution - Declaration of Local Storm Emergency MOTION: I move to approve Resolution No. 4145, ratifying Mayor Blanche Barajas's emergency Proclamation, and subsequent Emergency Order No. 2022-001, due to the January 7, 2022, windstorm in the City of Pasco, Washington. 6. ADJOURNMENT Page 2 of 152 AGENDA REPORT FOR: City Council January 18, 2022 TO: Dave Zabell, City Manager City Council Special Meeting: 1/24/22 FROM: Rick White, Director Community & Economic Development SUBJECT: Public Hearing and Ordinance - Olberding & Farm 2005 LLC (ANX 2021- 003) I. REFERENCE(S): Ordinance Overview Map Vicinity Map Notice of Intent to Commence Annexation Assessor's Certification II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONDUCT A PUBLIC HEARING MOTION: I move to adopt Ordinance No. ______, relating to annexation and annexing certain real property to the City of Pasco, and further, authorize publication by summary only. III. FISCAL IMPACT: The addition of $21,013,800 to the assessed value of the City, expansion of the Olberding & Farm 2005 LLC annexation area, and the commensurate responsibility of providing government services to development. IV. HISTORY AND FACTS BRIEF: The City received three (3) Notices of Intent to Commence Annexation from the owners of property located north of Burns Road between Road 44 and Convention Drive. The Notices of Intent were combined for processing as one request and contain sufficient signatures to initiate the annexation process. Page 3 of 152 Notices of Intent are required to contain the signatures of property owners representing at least ten (10) percent of the assessed value of an area proposed for annexation. In this case, the Notices of Intent contain the signatures of owners representing approximately 73.63% of the assessed value within the proposed annexation area, as described and depicted in Exhibit A of the attached Ordinance. Staff recommends the inclusion of four (4) additional parcels, two (2) owned by Pasco School District (Parcels Nos. 114330047 and 114330046) and two (2) owned by Fred Olberding (Parcels Nos. 114330045 and 114330048), to the requested annexation in order to obtain contiguity with current City limits and to consolidate annexation efforts. Staff has also removed a portion of Parcel No. 114250016 in alignment with with the approved Urban Growth Boundary as it accommodates the Airport Clear Zone No. 2. On July 19, 2021, Council approved Resolution No. 4079 accepting a Notice of Intent to commence annexation and determining the disposition on three items listed below. On December 22, 2021, the City received a petition containing the signatures of property owners representing at least sixty (60) percent of the assessed value of an area proposed for annexation. The County Assessor has certified that the petition contained the signatures of property owners representing at least sixty (60) percent of the assessed value of the proposed annexation area. V. DISCUSSION: The proposed annexation will cause the area in question to be annexed to the City subject to the following conditions: 1. The Pasco Comprehensive Plan will be applicable to the area. 2. The annexation area will assume proportionate and existing bonded indebtedness. 3. The annexation area will be assigned to City Council District No. 3. The Hearing Examiner conducted a zoning determination hearing for the proposed annexation area on December 8, 2021, which was continued to the February 9, 2022 hearing date. Staff has made a recommendation to the Hearing Examiner of C-1, RS-20, R-1 and R-3 zoning for the annexation area, in alignment with the City's recently adopted Comprehensive Plan Land Use Map. Page 4 of 152 The Hearing Examiner is expected to make a recommendation within 10 business That hearing. 9, February the 2022 close the of days of recommendation will come to Council as a quasi-judicial item following a decision on this proposed annexation. The needed commercial and residential annexation will result in much development opportunities for the citizens of Pasco. Page 5 of 152 Ordinance – Olberding & Farm 2005 Annexation (ANX 2021-003) - 1 FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington Attn: City Clerk 525 North 3rd Avenue Pasco, WA 99301 ____________________________________________________________________________ ORDINANCE NO. ________ AN ORDINANCE RELATING TO ANNEXATION AND ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF PASCO. WHEREAS, the City Council of the City of Pasco received a petition application completed by Olberding and Farm 2005, owners of no less than ten (10) percent of certain property, meeting the requirements of RCW 35A.14.120; and WHEREAS, a public meeting on the proposed annexation application was held on July 19, 2021, wherein City Council passed Resolution No. 4079, accepting the intent to annex and determining the property to be annexed as set forth in Section 1 below (Property); and WHEREAS, the City received a petition signed by not less than sixty (60) percent owners of the Property; and WHEREAS, the petition meets the requirements of RCW 35A.01.040 and has been determined to be sufficient by the Franklin County Assessor; and WHEREAS, notice of the public hearing on the proposed annexation has been published and posted as required by law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the following described area, situated in Franklin County, Washington to- wit: That portion of the Southwest quarter of Section 2 and Section 3, Township 9 North, Range 29 East, W.M., described as follows: Page 6 of 152 Ordinance – Olberding & Farm 2005 Annexation (ANX 2021-003) - 2 Beginning at the Southwest corner of said Section 3; Thence Easterly along the South line of said Section 3 and Section 2 to the Southwesterly line of the Tri-Cities Airport Safety Compatibility Zone 2; Thence Northwesterly along said Southwesterly line of said Zone 2 to the Northwesterly line of said Zone 2; Thence Northeasterly along said Northwesterly line of said Zone 2 to the Northeasterly line of said Zone 2; Thence Southeasterly along said Northeasterly line of said Zone 2 to the East line of the Southwest quarter of said Section 2; Thence Northerly along said East line to the Northeast corner of said Southwest quarter; Thence Westerly along the North line of said Southwest quarter to the Northwest corner of said Southwest quarter, which is also the Northeast corner of the Southeast quarter of said Section 3; Thence Westerly along the North line of said Southeast corner to the Northwest corner of said Southeast quarter, which is also the Southeast corner of Parcel “B” of that Short Plat recorded in Book 2 of Short Plats, Page 386, records of Franklin County, Washington; Thence Northerly along the East line of said Parcel “B” to the Northeast corner of said Parcel “B”; Thence Westerly along the North line of said Parcel “B” to the most Easterly corner of Parcel “A” of said Short Plat; Thence Southwesterly along the Southeasterly line of said Parcel “A” to the most Southerly corner of said Parcel “A”; Thence Southerly along the Westerly line of said Parcel “B” to the Southwest corner of said Parcel “B”; Thence Southerly along the Westerly line of the Southwest quarter of said Section 3 to the Point of Beginning; Situated in Franklin County, State of Washington; comprising approximately 617.19 acres. as depicted in the map attached hereto and labeled Exhibit A and the same is hereby annexed to the City of Pasco and is hereby declared to be within the corporate limits of the City of Pasco. Section 2. That the Comprehensive Plan of the City of Pasco be and the same is hereby adopted for the above-described tract of land. Section 3. That said tract of land shall be required to assume any portion of the existing bonded indebtedness of the City of Pasco. Section 4. That said tract of land shall be in Voting District No. 3. Section 5. That a certified copy of this Ordinance be and the same shall be filed with the Franklin County Commissioners. Section 6. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. Page 7 of 152 Ordinance – Olberding & Farm 2005 Annexation (ANX 2021-003) - 3 PASSED by the City Council of the City of Pasco, Washington, this ___ day of _______________, 2022. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Published: ____________________ Page 8 of 152 CITY LIMITS CITY LIMITS ROAD 68SANDIFUR P KW YROAD 68 NCLARK RD BURNS RDTAYLOR FLATS RDZ o n e 4 Z o n e 1 Z o n e 2 Z o n e 2 Zo n e 2 Zone 3 Zone 3Zone 5Zone 5 114250016 114330031 114330044 114330042114330041 114330043114330047 114330046114330045 114330048 Urban Growth Boundary Urban Growth Boundary Urban Growth Bounda r y 0 1,000 2,000 3,000 4,000500 Feet "Exhibit A" Item: Olberding & Farm 2005 Annexation Applicants: Allen & Cheryl Olberding & Steve West/Farm 2005 File #: ANX 2021-003 ANX 2021-003 City Option 01 City Limits UGA 2021 COP.SDE.Airport_Clear_Zone Layer Zone 1 Zone 2 Zone 3 Zone 4 Zone 5 Zone 6Page 9 of 152 CITY LIMITS CITY LIMITS ROAD 68SANDIFUR P K W YROAD 68 NCLARK RD BURNS RDTAYLORFLAT SRDZ o n e 4 Z o n e 1 Z o n e 2 Z o n e 2 Zo n e 2 Zone 3 Zone 3Zone 5Zone 5 114250016 114330031 114330044 114330042114330041 114330043114330047 114330046114330045 114330048 Urban Growth Boundary Urban Growth Boundary Urban Growth Bounda r y Benton County WA, Pasco GIS, Maxar 0 1,000 2,000 3,000 4,000500 Feet 0 1,000 2,000 3,000 4,000500 Feet Overview Map Item: Olberding & Farm 2005 Annexation Applicants: Allen & Cheryl Olberding & Steve West/Farm 2005 File #: ANX 2021-003 ANX 2021-003 City Option 01 City Limits UGA 2021 COP.SDE.Airport_Clear_Zone Layer Zone 1 Zone 2 Zone 3 Zone 4 Zone 5 Zone 6Page 10 of 152 CITY LIMITS CITY LIMITS ROAD 68CLARK RD Z o n e 4 Zone 1Z o n e 2 Z o n e 2 Zo n e 2Zone 3Zone 3114250016 114330031 114330044 114330042114330041 114330043114330047 114330046114330045 114330048 Urban Growth Boundary Urban Growth Boundary U rb an Growth Bou n d a r y Benton County WA, Pasco GIS, Maxar 0 1,000 2,000 3,000 4,000500 Feet 0 1,000 2,000 3,000 4,000500 Feet Vicinity Map Item: Olberding & Farm 2005 Annexation Applicants: Allen & Cheryl Olberding & Steve West/Farm 2005 File #: ANX 2021-003 ANX 2021-003 City Option 01 City Limits UGA 2021 COP.SDE.Airport_Clear_Zone Layer Zone 1 Zone 2 Zone 3 Zone 4 Zone 5 Zone 6Page 11 of 152 PETITION FOR ANNEXATION TO THE CITY OF PASCO TO: The City Council of the City of Pasco 525 North Third Avenue Pasco, Washington 99301 The undersigned, being the owners of not less than sixty percent (60%), in value, according to the assessed valuation for general taxation, of the real property described in Exhibit "A" attached hereto, lying contiguous to the City of Pasco, Washington, do hereby petition that such territory be annexed to and made a part of the City of Pasco under the provisions of RCW 35.14.120, et seq., and any amendments thereto, of the State of Washington. The territory proposed to be annexed is within Franklin County, Washington, and is described in Exhibit "A," attached hereto. WHEREFORE, the undersigned respectively petition the Honorable City Council and ask: (a)That appropriate action be taken to entertain this petition, fixing a date for apublic hearing, causing notice to be published and posted, specifying the time and place of such hearing, and inviting all persons interested to appear and voice approval or disapproval of such annexation; and, (b)That following such hearing the City Council determine by Ordinance thatsuch annexation shall be effective; and that property so annexed shall become a part of the City of Pasco, Washington, subject to its laws and ordinances then and thereafter enforced. The Petitioners subscribing hereto agree that all property within the territory hereby sought to be annexed shall be required to assume any proportional existing indebtedness and will not require simultaneous adoption of zoning regulations in accordance with the City Council's acceptance of the Notice of Intention to Commence Annexation as indicated inResolution No. 4079 as recorded in the July L 9, 2021 Council minutes of the City of Pasco, Washington. This Petition is accompanied by and has attached hereto as Exhibit "B" a diagram which outlines the boundaries of the property sought to be annexed. WARNING: Every person who signs this petition with any other than his/her name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he/she is not a legal voter, or signs a petition when he/she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. 1 Page 12 of 152 PRAYER OF PETITION: (1) Annexation of area described and depicted in Exhibits "A" and "B", (2) assuming any proportional indebtedness of the City of Pasco, and without (3) simultaneous adoption of the City of Pasco Zoning Regulations. DATE OWNER'S SIGNATURE PRINT NAME/ADDRESS SIGNED I 2. - , 1. -'L.----------------------------..;...._ d� i. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 2 Page 13 of 152 2 Page 14 of 152 PRAYER OF PETITION: (1) Annexation of area described and depicted in Exhibits 11A"and "B", (2) assuming any proportional indebtedness of the City of Pasco, and without (3) simultaneous adoption of the City of Pasco Zoning Regulations. OWNER'S SIGNATURE 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. PRINT NAME/ ADDRESS 2 DATE SIGNED Page 15 of 152 Affidavit of Signature for Annexation Notice oflntent and Petition Under the penalty of perjury, I declare under oath, that I am authorized to sign deeds and encumbrances on behalf of SG LAND MANAGEMENT LLC, and I am further authorized to sign other documents including Notices of Intent and Petitions. Signature State of Washington County of be V\:tQv, ) ): ss. 1·2. - 2 ?..-2..1. Date ) I certify that I know or have satisfactory evidence th� -e. k z... S\iJ-zlAJ_ is theperson who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the O vn-c,� of 5G l-°'-V\& 'fl\o.���/'"€\,\,,--t tobe the free and voluntary act of such party for the uses and purposes mentioned ine instrument. Given under my hand and official seal this � day of r;;J;;�� L LI NOTARY PUBLIC in and for the State of Washington 't>e,iLC Residing at: My�ssion Expires: D fo I o\ Ill> ZZ-: Page 16 of 152 Affidavit of Signature for Annexation Notice of Intent and Petition Under ti: l penalty of perjury, I declare under oath, that I am authorized to sign deeds and encuni,b nces on behalf of Allen &/or Cheryl Olberding, and I am further authorized to sign other doc�1 nts incJuding Notices of Intent and Petitions. '. I ) ·, ): ss. County of_-11---='-----"!,, _I_V\-__ /.2..,dl-2/ Date ) I certify that I know or have satisfactory evidence that � ......... ����_,__ __ is the person who appeared before me, and said person acknowledged that (he/she signed this instrument, on oath stated that (he/she) was authorized toL yKecute th 1: instrument and acknowledged it as the t2LIML of -f/4· 5 /;-1/./r C'/-to be the free and voluntary act of such party for the uses and purposes mehtio'ned m the instrument. ',, / - \ Given under my hand and official seal this __2{_ day of NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: { � � c.,.-"< � Page 17 of 152 Affidavit of Signature for Annexation Notice of Intent and Petition Under th penalty of perjury, I declare under oath, that I am authorized to sign deeds and encumbr n es on behalf of FARM 2005 LLC, and I am further authorized to sign other documents includin , N ice of t and Petitions. State of Washington County of fr& IA kLi ) ): ss. ) I certify that I know or have satisfactory evidence that �"-4"±>'-''c:,------""=� is the person who. app.eared before me, and said person acknowled ed t 1at (he/she) signed this instrument, on oat�atednthat (he/she) was authorized to execute the instrument andac�owledgeq �t as the ±::!_ ...,.__9 of -&=cg.� 200'5 �c:_ tob the fi\·m'1tliilfilr,':voluht� act of such party for the uses and purposes mentioned in the instrument. ·1,.\\\ f/· ,,;"11,11, .. 1-.\.��; .. ,T_·:.'.'>I{) ��:., .·' ,· •. ·.:.<\lb�OM�······•./f b J 1· . >� t:,. ..... / .:. ·�� .. �-� •• :.-:,£!··;<;.,�=·· pt\�i' f :=. i f � t ' .,. : �-�� ! ::;:· 1t : . • r�·=.·J.. ="��Jr:�\;.f�I , \' n • ..:1. §�� �.I\.-.'<'",, · ... , .. .r. •· l,t . :zE" .. �. \,p.• , , • n;.r-1. -�-•1 ·-�-��.S�:i\.;.,, i·,;1 '1 . � :s:.,:,. �. . ' � -.1.,_•!,.!•'·, � ( -:: �-j\ ,�✓ .. � ;J-: ��-• ' " .�1;� \_ • • �;'- � ' (,,,,,, .. i1 ,1,,;1',\\\\"' . ..rf "• "'-� l '<t-, --� :d..."� �.-.... .,.,,,,..,., v.-: . ,;;, Given under my hand and official seal this o2�ay of j,:;__�.::z...\ NOTARY PUBLIC in and for the State of Washington f'>d!. 3 c_ 0 (.J_)J a___ Residing at: I � Ce-)6:b___ My Commission Expires: I -2 c.. ,-Zv-:L. -z Page 18 of 152 Affidavit of Signature for Annexation Notice of Intent and Petition Under the penalty of perjury, I declare under oath, that I am authorized to sign deeds and encumbrances on behalf of J-13, LLC, and I am further authorized to sign other documents including Notices oflntent and Petitions. �� (J)J.fJ¼i'(\J rzJi2-Ji1 Signature Date State of Washington ) ): ss. County of f'r� �J({i�) I certify that I know or have satisfactory evidence that fi�et, o//JerJ;� is the person who appeared before me, and said person acknowledged that (he/she) si� d this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the,e/0 ,-i�#c;,-,r; M,E?,-, � of 'J..-J.J. L v£-to be the free and voluntary act of s �h phrty for the uses and purposes m�ntioned in the instrument. Given under my hand and official seal this Z/1.> �ay of Rt�� 11W , 2. C,l,, I OARY UBLI in and for the State of Washington Residing at: I My Commission Expires: lo� Jf., v '5 Page 19 of 152 Exhibit “A” Legal Description Olberding & Farm 2005 Annexation (ANX 2021-003) That portion of the Southwest Quarter of Section 2 and portions of Section 3, Township 9 North, Range 29 East, W.M., described as follows: Beginning at the Southwest corner of said Section 3; Thence Easterly along the South line of said Section 3 to the Southwest corner of said Section 2; Thence North 89°08’34” East along the South line of said Section 2 a distance of 2317.23 feet to the Southwest corner of that Exception Parcel described in Avigation Easement recorded under Auditor’s file number 1952536, records of Franklin County, Washington; Thence North 45°15’38” West along the West line of said Exception Parcel 1177.05 feet to the most westerly corner thereof; Thence North 44°44’22” East 1500.00 feet to the most northerly corner of said Exception Parcel; Thence South 45°15’38” East 217.15 feet to the East line of said Southwest Quarter of said Section 2; Thence Northerly along the East line of said Southwest corner to the Northeast corner of said Southwest Quarter; Thence Westerly along the North line of said Southwest Quarter to the Northwest corner thereof also being the East Quarter corner of said Section 3; Thence South 89°40’16” West along the North line of Parcel C of that Record of Survey recorded in Volume 3 of Survey, Page 649, records of Franklin County, Washington, 1127.58 feet; Thence North 89°02’15” West along said North line 610.26 feet; Thence South 88°49’09” West 925.06 feet to the Northwest corner of the Southeast Quarter of said Section 3 said point being coincident with the Southeast corner of Parcel “B” of that Short Plat recorded in Book 2 of Short Plats, Page 386, records of Franklin County, Washington; Thence Northerly along the East line of said Parcel “B” to the Northeast corner of said Parcel “B”, said point being on the Southerly right of way line of Clark Road; Thence Westerly along the North line of said Parcel “B” and the Southerly right of way line of Clark Road to the most Easterly corner of Parcel “A” of said Short Plat; Thence Southwesterly along the Southeasterly line of said Parcel “A” to the most Southerly corner of said Parcel “A”, said point being on the west line of the Northwest Quarter of said Section 3; Thence Southerly along the Westerly line of said Parcel “B” to the Southwest corner of said Parcel “B”, Thence Southerly along said Westerly line of the Southwest quarter of said Section 3 to the Point of Beginning. Situate in Franklin County, State of Washington. Page 20 of 152 EXHIBIT "B" Annexation Area Map N ����" { · W .+. E I -· • �., ..... .-1. • ..... > ::::;a,,.,.,.,.,.,.,., .,..,,,,,.,_,.,>T♦Y�.•,"p!,o===l.:.:==::;_;:::::::;::::;:::;,;:::;:-.---i=;::::::;==:;::=r=, :;,::::;,::;::, :;:,�1 r=:::;:::=;::1 ::;1;::::;.:,=, :::;1=, r.:� rn >, ..----.----. +.+..+HLA � Engineering and Land Sllfl'eying, Inc. 280] River Road Yakima, WA 98902 509.966.7000 Fax 509.965.3800 www.hlacivil.com NOV. 8, 2021 PROJ: 20191 REVIEW: ETH DRAWN: TDF s 0 750 1500 �1111'11 Ill+· CITY OF PASCO, FRANKLIN COUNTY, STATE OF WASHINGTON Page 21 of 152 FRANKLIN COUNTY ASSESSOR JOHN A. ROSENAU -ASSESSOR PIPER MITCHELL CHIEF DEPUTY NIKKI MORGAN-CHIEF APPRAISER 100% Franklin County Assessor 1016 N 4th Pasco, WA 99301 Phone: 509-545-3506 Fax: 509-546-5840 Email: jrose nau@co.franklin.wa.us Page 22 of 152 PETITION FOR ANNEXATION TO THE CITY OF PASCO TO: The City Council of the City of Pasco 525 North Third A venue Pasco, Washington 99301 The undersigned, being the owners of not less than sixty percent (60%), in value, according to the assessed valuation for general taxation, of the real property described in Exhibit "A" attached hereto, lying contiguous to the City of Pasco, Washington, do hereby petition that such territory be annexed to and made a part of the City of Pasco under the provisions of RCW 35.14.120, et seq., and any amendments thereto, of the State of Washington. The territory proposed to be annexed is within Franklin County, Washington, and is described in Exhibit "A," attached hereto. WHEREFORE, the undersigned respectively petition the Honorable City Council and ask: (a)That appropriate action be taken to entertain this petition, fixing a date for apublic hearing, causing notice to be published and posted, specifying the time and place of such hearing, and inviting all persons interested to appear and voice approval or disapproval of such annexation; and, (b)That following such hearing the City Council determine by Ordinance that such annexation shall be effective; and that property so annexed shall become a part of the City of Pasco, Washington, subject to its laws and ordinances then and thereafter enforced. The Petitioners subscribing hereto agree that all property within the territory hereby sought to be annexed shall be required to assume any proportional existing indebtedness and will not require simultaneous adoption of zoning regulations in accordance with the City Council's acceptance of the Notice of Intention to Commence Annexation as indicated in Resolution No. 4079 as recorded in the July 19. 2021 Council minutes of the City of Pasco, Washington. This Petition is accompanied by and has attached hereto as Exhibit "B" a diagram which outlines the boundaries of the property sought to be annexed. WARNING: Every person who signs this petition with any other than his/her name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he/she is not a legal voter, or signs a petition when he/she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. 1 Page 23 of 152 PRAYER OF PETITION: (1) Annexation of area described and depicted in Exhibits "A" and "B", (2) assuming any proportional indebtedness of the City of Pasco, and without (3) simultaneous adoption of the City of Pasco Zoning Regulations. DATE OWNER'S SIGNATURE PRINT NAME/ADDRESS SIGNED 12...-2.1.-i... . ------:0-----------------------....;..;- � � � [ 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 2 Page 24 of 152 2 Page 25 of 152 PRAYER OF PETITION: 6. 8. 11. 2 Page 26 of 152 Affidavit of Signature for Annexation Notice of Intent and Petition Under the penalty of perjury, I declare under oath, that I am authorized to sign deeds and encumbrances on behalf of SG LAND MANAGEMENT LLC, and I am further authorized to sign other documents including Notices of Intent and Petitions. Signature State of Washington County of br Y\1Yv" ) ): ss. ) /'2.-2'2-2.l Date I certify that I know or have satisfactory evidence th� -e.:k ,2... Sbt.1:tLJ is theperson who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to exe1ute the instrument and acknowledged it as the O l>l'\:t: t!,.,, of 5(7 L �V\ cl X'J\o. ���Mt'\.vt tobe the free and voluntary act of such party for the uses and purposes mentioned inte instrument. Given under my hand and official seal this 2.1-day of • ��-.c..==-==c __ ,.L._C-'2...1. Washington biJb-C Residing at: -----�M�y�ssion Expires: J2io.L..l..).J_Llllzz__ Page 27 of 152 Affidavit of Signature for Annexation Notice of Intent and Petition Under th,J penalty of perjury, I declare under oath, that I am authorized to sign deeds and encumbrances on behalf of Allen &/or Cheryl Olberding, and I am further authorized to sign other do:��nts iJutg Notices oflntent and Petitions. /.2., ..?/-2/ Signature V Date I State of Washington �- ) County of _£ti-!' V\., ): ss. ) I certify that I know or have satisfactory evidence that � il'J°U is the person who appeared before me, and said person acknowledged that (he/she signed this instrument, on oath stated that (he/she) was authorized toL 9Cecute the instrument and acknowledged it as the LI of -r'/4·;, /;-1/,v '-+-____ to be the free and voluntary act of such party for the uses and purposes mehtioned m the instrument. ',, f i •! ;' - \ Given under my hand and official seal this ...2..{__ day of NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: I -:) c.._.,---<. � ,,, .. Page 28 of 152 Affidavit of Signature for Annexation Notice of Intent and Petition Under th· penalty of perjury, I declare under oath, that I am authorized to sign deeds and encunibr I es on behalf of FARM 2005 LLC, and I am further authorized to sign other documents includin N icl.!s of • 1l and Petitions. State of Washington County of fno f4 kL, ) ): ss. ) I certify that I know or have satisfactory evidence that ::>-t•3c. � is the person who. appeared before me, and said person acknowledged that (he/she) signed this instrument, on oat�ated )that (he/she) was authorized to execute the instrument and acknowledgeq it as the .J , _.._.. of f:ca¼?:½ 2 zic:s t,J,,._.c__ to . . 3 b� the ��i.a,tM;�olu�ry act of such party for the uses and purposes mentioned in the instrument. I \''''.,-.i• A·. il(_I 11�(1.. ·, .,_!\r.-.,:.·•-•··•• ii) l..i'?� :· ,: .. �,a�O.Y.�,;:;i:?"�� j �i • //;��,���•/ .,:l�f:.�.1· = , , ·r�.�·�t \(�t� ... ,: ___ ._; .. ),:•I�•'-" ' -� •\· •,- l l.:f. _.I! I ·� � -�-� ' t "\'"I;--� 'fl 'i 1 � l'" �.i· �r.'1\�_;.,� 1 r� • �:-�-! \ ,, ;;--�. � ' ,, � I 1° "?/4i, • \. . .. '-... ���\'\ � ' t ·''llf,,,f1111 f.H�\\\\•• ·,,"-..:.. � . <r·,. ·�. 'd-. . .,,�•··--. ,.,,,,,.J,,v.-: .. J" J ., I Given under my hand and official seal this -X�Jay of j.;2..�_;z_\ • ---c7icz ,::: jlg � wl(· NOTARY PUBLIC in and for the State of Washington /'>4! 5 co � a,_ Residing at: 1 � Ce-J6 ):L My Commission Expires: L -2 L-, Zv ·J;_ :z Page 29 of 152 Affidavit of Signature for Annexation Notice of Intent and Petition Under the penalty of perjury, I declare under oath, that I am authorized to sign deeds andencumbrances on behalf of J-13, LLC, and I am further authorized to sign other documentsincluding Notices oflntent and Petitions.-�ltd (f)ID«lrJ rz.J l 2-/t I Signature DateState of Washington ) ): ss.County of ft-'-M/(,f/,4 )I certify that I know or have satisfactory evidence that fJ-...=..;;---.-=-..1.....e="""""'�=t is theperson who appeared before me, and said person acknowledged that (he/she) sig d thisinstrument, on oath stated that (he/she) was authorized to execute the instrument andacknowledged it as the,eJt;..,-1�-#r,;,-Jr; tit?"" 4:2f of '[, JJ. I., I,,& tobe the free and voluntary act of s �h p1uty for the uses and purposes mentioned in the instrument.Given under my hand and official seal this Lb �ay ofR� �12 ,.4cr , 2.01,, , � � � Nof AR Y(,PUBLid in and for the State ofWashington' Residing at:My Commission Expires:10-11,; 6 Page 30 of 152 Exhibit "A" Legal Description Olberding & Farm 2005 Annexation (ANX 2021-003) That portion of the Southwest Quarter of Section 2 and portions of Section 3, Township 9 North, Range 29 East, W.M., described as follows: Beginning at the Southwest corner of said Section 3; Thence Easterly along the South line of said Section 3 to the Southwest corner of said Section 2; Thence North 89 °08'34" East along the South line of said Section 2 a distance of 2317 .23 feet to the Southwest corner of that Exception Parcel described in Avigation Easement recorded under Auditor's file number 1952536, records of Franklin County, Washington; Thence North 45°15'38" West along the West line of said Exception Parcel 1177.05 feet to the most westerly corner thereof; Thence North 44 °44'22" East 1500.00 feet to the most northerly corner of said Exception Parcel; Thence South 45 °15'38" East 217.15 feet to the East line of said Southwest Quarter of said Section 2; Thence Northerly along the East line of said Southwest corner to the Northeast corner of said Southwest Quarter; Thence Westerly along the North line of said Southwest Quarter to the Northwest corner thereof also being the East Quarter corner of said Section 3; Thence South 89°40'16" West along the North line of Parcel C of that Record of Survey recorded in Volume 3 of Survey, Page 649, records of Franklin County, Washington, 1127.58 feet; Thence North 89°02'15" West along said North line 610.26 feet; Thence South 88 °49'09" West 925.06 feet to the Northwest corner of the Southeast Quarter of said Section 3 said point being coincident with the Southeast corner of Parcel "B" of that Short Plat recorded in Book 2 of Short Plats, Page 386, records of Franklin County, Washington; Thence Northerly along the East line of said Parcel "B" to the Northeast corner of said Parcel "B", said point being on the Southerly right of way line of Clark Road; Thence Westerly along the North line of said Parcel "B" and the Southerly right of way line of Clark Road to the most Easterly corner of Parcel "A" of said Short Plat; Thence Southwesterly along the Southeasterly line of said Parcel "A" to the most Southerly corner of said Parcel "A", said point being on the west line of the Northwest Quarter of said Section 3; Thence Southerly along the Westerly line of said Parcel "B" to the Southwest corner of said Parcel "B", Thence Southerly along said Westerly line of the Southwest quarter of said Section 3 to the Point of Beginning. Situate in Franklin County, State of Washington. Page 31 of 152 EXISTING CITY OF PASCO UGA BOUNDARY EXHIBIT "B" Annexation Area Map ,· PARCEL 'A' S.P. 2020-31 (S.P. 2-386) $.· }2; P.AQ(:;EJ;:''8' y,J·· : ·, / . .. �:: •.. ' ,,.. 1/. :·P �.P':-�2020_:,;3v 7 --·--_____j'j 0 J;__J ! ---,=---,----I �-I _._LLLL r--r T"Ti"l r-r-r - IL -· ,rlJJJ" 750 t50o !�) w '-4 I ! ! / II !� / �JJ. s ,-1 H----! l I t=b) I l I I I' _ ,�t-L I I I �-; J_; =i:::::J--· � _I 1 ;1 -,----,-J . - -.. . �---ill� i-O�µlJO r1�-1-r·I , I· r q------·--- , I 1--=-i� -j �! "j�-�I �[J_G..lil 1 · . -:;·-• -:-;;;�bP /. _ 1 1 1 1 1t=1---:1� -;__j.. '+11 L, , -u -' .> -OSED f --,yn 1-1:": I I l\-111 i 'r· i i '-, -I :-,, , ·:_.-.,.:1 /1(., ANNEXA�l�NA_,.. .. _:,· ./i . ;,-,· �, -:--r·i Jf I I \, I I I / •• ,,_,. '.,, .,, -�-, • .;I J,V R� ,. 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"=-· ,e,l -·• N · 4\illiiiT\y--I 1a':!;1f.3\!i!iilij�l f'"'?':0:�� "��\�t'JtJ�. ,��,,�� � --�;i h r,u�eo II I j, "n•z11ll:]j"'J,+1=·--1"·1--'·Fl.c;,: �J=\�l · ,I -. ,;;,'EIBJ ·. . I �--, -'=l�:·'-'•0 :S''-·j:i,�SiilA-'>lf-:ffii��], t;-'-' [ � 0 �--. -.3 '<, • :. · I .'J'., -,-�=c=,·• . ,_�J -.= ·n._b, -I 'Cl • ,., - ·. � r '�re ;:j ·1 ff rm;:y~" -. . " -----. a: 8:E'P, 0 \� . -.... , , - . . � ;-i,,.:..r:,f: 11 ±-1 ',-, . ' � Ft1-=r,..-;:: I F:-r· >.,. i1-� � • ·:,.._,...; I j _:_ L ' 1,J:,• 0..'-c; '' \c"\>•'r -L.-_:_c " i'1§c'lilf'·�,m _._,_ ,, ,---,u'-'-!-, - :, � ' ', ,' ., .. ::.:.�/_:i :�.:�j'.��-;,: ��♦HLA � Engineering and Land Surveying, Inc. 280:I Rivet Road Yakima, WA 98902509.966.7000 Fox 509.965.3800www.hlacivil.com NOV. 8, 2021 PROJ: 20191 REVIEW: ETH DRAWN: TDF CITY OF PASCO "OLBERDING & FARM 2005 ANNEXATION" CITY OF PASCO, FRANKLIN COUNTY, STATE OF WASHINGTON Page 32 of 152 AGENDA REPORT FOR: City Council January 18, 2022 TO: Dave Zabell, City Manager City Council Special Meeting: 1/24/22 FROM: Rick White, Director Community & Economic Development SUBJECT: Ordinance - PMC Amendments in Title 25 "Zoning" Increasing Residential Building Capacities - E2SHB 1923 I. REFERENCE(S): Ordinance Staff Presentation PMC Amendments for HB 1923 Attachment 1: City of Pasco House Bill 1923 Authorization Letter Attachment 2: Washington State Department of Commerce Award Letter Attachment 3: Washington State Department of Commerce Support Letter Attachment 4: Tri-City Development Council Support Letter II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: I move to adopt Ordinance No. _____, amending Title 25 of the Pasco Municipal Code, "Zoning" to increase residential building capacities per Washington State Engrossed authorize further, and, 1923, Bill House Substitute Second publication by summary only. III. FISCAL IMPACT: None. IV. HISTORY AND FACTS BRIEF: The Pasco City Council directed staff in the Fall of 2019 to explore actions that would increase residential building capacities through HB 1923. Staff was notified in November 2019, that three proposed actions the City selected were awarded grant funding by the Washington State Department of Commerce. The grant from the Department of Commerce funded the Pasco Municipal Code (PMC) changes (actions) intended to encourage the production of more hous ing and a greater variety of housing types. Action 1: Page 33 of 152 Authorize at least one duplex, triplex, or courtyard apartment on each parcel in one or more zoning districts that permit single-family residences, unless a City documents specific infrastructure or physical constraints that would make this unfeasible for a particular parcel. Action 2*: Authorize cluster zoning or lot size averaging in all zoning districts that permit single-family residences. Action 2 was adopted in April 2021 (Ordinance No 4522). Action 3: Authorize attached accessory dwelling units on all parcels containing single - family homes where the lot is at least three thousand two hundred square feet in size and permit both attached and detached accessory dwelling units on all parcels containing single-family homes, provided lots are at least four thousand three hundred fifty-six square feet in size. Policy Guidance The following provides an overview of the plans, policies, goals, and objectives that have been adopted by the State of Washington, regional and local agencies implemented with the proposal. City of Pasco - Council Goals 2020-2021 (Resolution No. 3985) City of Pasco 2018-2038 Comprehensive Plan (Ordinance No. 4537) 2020-2024 Tri-Cities Consortium Consolidated Plan (Resolution No. 3919) Environmental Determinations The City (Lead Agency) issued the Environmental (SEPA) Determination of Non- Significance on December 21, 2020, for Action 1 and on May 24, 2021, for Action 3 indicating that the proposal does not have a probable significant adverse impact on the environment. Public notice was distributed and published in the Tri-City Herald as required by Pasco Municipal Code (PMC 25.210.040). Community and Stakeholder Input City staff utilized results from the 2020 National Citizen Survey, and created and distributed a survey to housing and development stakeholders in the Fall of 2020 for the Housing Choices Survey. The results below are from those surveys. - 57% - Housing prices are forcing residents to seek housing outside of Pasco - 95% - More housing options are strongly needed in Pasco - 77% - Support or strongly support allowing more duplexes - 64% - Support or strongly support allowing more triplexes - 55% - Support or strongly support allowing both attached and detached accessory dwellings Page 34 of 152 - 74% - Support affordable housing incentives - 65% - Support zoning changes to increase housing supply - 61% - Support letting the "market" decide The proposed amendments for Council review are consistent with, and, address community and stakeholder input received on creating more housing opportunities for Pasco residents. Public Hearings and Workshops The City held meetings in 2020 and 2021 to discuss the merits of Actions 1 and 2. Between the two, 12 total meetings have occurred, including seven public hearings. The city received one formal comment in support of accessory dwellings, one phone call expressing concern on the increasing residential densities, and one letter of support from the Washington State Department of Commerce (attached). Council Workshops in May and November of 2021, and most recently on January 10, 2022, were held to discuss Actions 1 (Duplexes, Triplexes, and Courtyard Apartments) and Action 3 (Accessory Dwelling Units). The planning staff has refined and revised the proposal to amend Title 25 following comments from the Council, including the addition of specific density ranges applicable to the zoning districts. Proposal Summary The purpose of HB 1923 is to increase housing supply choices for our residents, flexibility for builders, and opportunities for property owners. It is not a mandate or requirement, but it does provide options for residents in search of housing, and, builders and developers seeking to provide the necessary supply. The proposal for Action 1 (duplex, triplex, or courtyard apartment) is often regarded as the "missing middle" and is beneficial because of the opportunity to be affordable by design. These housing options are scaled to provide additional housing that fits in with the existing neighborhood design and helps builders respond to the demand for neighborhood living. Action 3 for accessory dwelling units (ADU) are low-impact homes and can be a popular way to re-invest in your existing property. An ADU provides all of the same basic functions and facilities as typical homes necessary for daily living, but are independent of the main home. Accessory dwelling units can be attached or detached from the main dwelling and are designed in many shapes, sizes and configurations. Because of this flexibility, ADUs can be created to fit unobtrusively within neighborhoods. V. DISCUSSION: Page 35 of 152 The proposed ordinance shared with Council on January 10, 2022, has been revised following Council discussion, and now provides the necessary criteria to appropriately accommodate the changes recommended below. Action 1 Recommendations Permitted Housing Options by Residential Zoning District Zoning District Duplex Triplex Courtyard Apartment RS-20 Not Permitted Not Permitted Not Permitted RS-12 Permitted Permitted on corner lots within 1/4 mile of public land use or facility. Not Permitted RS-1 Permitted Permitted Permitted on within lots corner 1/4 mile of public land use or facility. R-1 Permitted Permitted Permitted R-2 Already Permitted Already Permitted Already Permitted R-3 Already Permitted Already Permitted Already Permitted R-4 Already Permitted Already Permitted Already Permitted Development Standards by Residential Zoning District Zoning District Max Building Height Max Lot Coverage RS-20 35' (No Change) 40% (No Change) RS-12 35' (No Change) 40% (No Change) RS-1 25' to 35' 40% R-1 25' to 35' 40% R-2 25' to 35' SF: 40% (No Change); MF: Determined by parking and setbacks R-3 SF: 40' (No Change); MF: 45' Change); (No SF: 60% MF: Determined by parking and setbacks R-4 45' SF: 60% (No Change); MF: Determined by parking and setbacks Action 3 Recommendations Criteria that are part of the House Bill 1923 and 2343 Legislations are marked with an asterisk*. Page 36 of 152 Criteria Recommendation *Detached ADUs None *Off-Street Parking Requirements None *Owner Occupancy Requirements Remove *Maximum Unit Size Shall not exceed 1,000 square feet or 55% of the total square footage of the primary residence or dwelling, whichever is smaller. Design Standards Allow for a design that is necessarily but not complimentary, identical to the primary dwelling. Height Shall be no taller than the primary dwelling or 25 feet, whichever is less. Existing/Unpermitted ADUs bring nonto Create opportunities - conforming units to current standards. Rear Yard Coverage Detached ADUs can occupy no more than 60% of the rear yard. Setbacks 1. Side yard setbacks of the underlying residential zoning district shall apply. 2. Rear Yard setbacks of the underlying residential zoning district for accessory structures shall apply. distance 3. The minimum between habitable structures (principal dwelling and accessory dwelling) shall be 10 feet and nonbetween 6 feet -habitable structures (sheds, garages, etc). Minimum Lot Size None Bedroom Limit None Utility Service Requirements Shall be connected to the utilities of the principal unit (except dwelling telephone, television, internet). Permitting Process Shall be processed ministerial. The ordinance (attached) includes a new section to the Comprehensive Plan Chapter (PMC 25.215.015) that specifically indicates the adopted Comprehensive Plan Land Uses and associated densities for which the zoning districts shall be in conformance with. While the proposal increases flexibility in the form of housing types and products, the densities of any application and/or project shall comply with the adopted range established in the 2018-2038 Pasco Comprehensive Plan. Page 37 of 152 The density standards for each residential zoning district are now aligned with, but not outside of the Comprehensive Plan Land Use Element. For example, the R -1 Low-Density Residential District is a permitted zone in both the Low Density and Mixed Residential/Commercial Land Uses. Applications for R-1 in the Low-Density Land Use shall be within the established 2 - 5 dwelling units per acre. In the Mixed Residential/Commercial Land Use, R-1 applications will be permitted a density range of 5 - 29 dwelling units per acre. A table describing specific density ran ges has been added to the proposed section, PMC 25.215.015. A continued effort to update zoning regulations and streamline processes is underway, beginning with a presentation to the Pasco Planning Commission held on January 20, 2022. The proposed recommendations allow the City to move towards implementing the goals of the City Council, Pasco's Comprehensive Plan, and beginning to address the rapidly growing housing constraints facing community members. The results of Action 1 alone, would increase options from 10% to 78% of all residential properties in Pasco. Upon adoption of the proposed recommendations, city staff will submit final documentation to the Washington State Department of Commerce, completing our House Bill 1923 efforts. This aligns concurrently with the development of our first Housing Action Plan. City staff has submitted an application to the Department of Commerce for funding of the Plan (up to $100,000) which will be considered on February 4, 2022, pending the status of this (HB 1923) proposal. Page 38 of 152 Ordinance – Amending PMC – 25 “Zoning” - 1 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON AMENDING CERTAIN SECTIONS IN CHAPTERS 25.15, 25.30, 25.35, 25.40, 25.45, 25.60, 25.65 25.70; CREATING A NEW CHAPTER 25.161 ENTITLED “ACCESSORY DWELING UNITS”; REPEALING SECTION 25.165.040 ENTITLED “ACCESSORY DWELLING UNITS”; AND AMENDING CHAPTER 25.215 ENTITLED “COMPREHENSIVE PLAN” ALL WITHIN TITLE 25 “ZONING” OF THE PASCO MUNICIPAL CODE, TO INCREASE RESIDENTIAL BUILDING CAPACITY PER WASHINGTON STATE ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1923 [CHAPTER 348, LAWS OF 2019]. WHEREAS, cities planning under the Washington State Growth Management Act are required to plan for the availability of affordable and accessible housing to all economic segments in addition to promoting a variety of residential densities and housing types for the community per RCW 36.70A.020(4); and WHEREAS, projections from the Washington State Office of Financial Management indicate Pasco’s population will increase to 121,828 by the year 2038; and WHEREAS, the 2018-2038 Comprehensive Plan anticipates an additional 15,200 housing units will be necessary to accommodate the projected residential growth demands: and WHEREAS, counties and cities planning under the Growth Management Act are required to plan for the availability of affordable housing to all economic segments of their communities, encourage the availability of affordable housing and promote a variety of residential densities and housing types per RCW 36.70A.020(4); and WHEREAS, Policy LU-4-B of the 2018-2038 Pasco Comprehensive Plan encourages infill and higher residential densities within proximity to travel corridors and public transportation service areas; and WHEREAS, Policy LU-5-A of the 2018-2038 Pasco Comprehensive Plan states that the allowance of a variety of residential densities within the Urban Growth Area is important in maintaining a broad range of residential housing opportunities; and WHEREAS, Policy H-3-A of the 2018-2038 Pasco Comprehensive Plan supports the increase of the housing supply through appropriate and flexible development standards; and WHEREAS, Priority Need #1 of the 2020-2024 Tri-Cities Consolidated Home Plan identifies the need for affordable housing choices; and Page 39 of 152 Ordinance – Amending PMC – 25 “Zoning” - 2 WHEREAS, Engrossed Second Substitute House Bill 1923 was enacted by the Washington State Legislature in July 2019 relating to increasing urban residential building capacity, adopted as Chapter 348, Laws of 2019; and WHEREAS, as directed through House Bill 1923, the Washington State Department of Commerce developed a grant program awarding the jurisdictions that chose to adopt at least two of the thirteen actions available in House Bill 1923 to address residential building capacities; and WHEREAS, on October 7, 2019, the Pasco City Council authorized City staff to apply for grant funding application to pursue three actions of House Bill 1923 to increase residential building capacity in Pasco; and WHEREAS, the City was notified on November 5, 2019, of awarded grant funds for the 2019-2021 Biennium to assist with increasing residential building capacities by adopting three proposed actions; and WHEREAS, the City pursued an option to allow at least one duplex, triplex, or courtyard apartment on each parcel in one or more zoning districts that permit single-family residences unless a city documents a specific infrastructure or physical constraint that would make this requirement unfeasible for a particular parcel; and WHEREAS, the City pursued an option to permit accessory dwelling units on all residential parcels that meet size requirements; and WHEREAS, residential lands comprise 43% of all land uses in the City and over 84% of all residentially zoned land is reserved for low-density residential; and WHEREAS, staff has confirmed that multi-family dwellings, such as duplexes and triplexes are prohibited in over 84% of all residentially zoned lands; and WHEREAS, the City will not meet its growth target of accommodating additional population and residences with the existing restrictions on home choices. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 25.15.020 entitled “Interpretation and construction” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.15.020 Interpretation and construction. (1) For the purpose of this title, certain terms or words herein shall be interpreted or defined as set forth in this section and PMC 25.15.030 through 25.15.280. Except where specifically defined in this chapter all words in this title shall carry the customary meanings. (a) Words used in the present tense shall include the future. Page 40 of 152 Ordinance – Amending PMC – 25 “Zoning” - 3 (b) Words in the singular number include the plural number, and words in the plural number include the singular, unless the context clearly indicates otherwise. (c) “Person” includes a corporation, a member or members of a partnership or other business organization, a committee, association, board, trustee, receiver, agent, or other representative and all other legal entities. (d) “Shall” is mandatory and not directory. (e) “May” is permissive. (f) “Use,” “used,” or “occupied” as applied to any land or building shall be construed to include the words “intended,” “arranged,” or “designed” to be used or occupied. (g) “City” means City of Pasco. (h) “County” means Franklin County. (i) Unless otherwise specified, all distances shall be measured horizontally. (j) Words not defined herein, but defined within the International Building Code, shall have the same meaning as defined within the International Building Code. (k) Chapter and section headings contained in this title shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of this title. (l) Any undefined terms shall be given their ordinary meaning or the meaning as defined in the 2018 International Property Maintenance Code or as defined in other applicable codes, such as the state adopted building code. (2) For the purposes of this title, certain terms or words shall be interpreted and defined as in the following sections of this chapter. [Ord. 3354 § 2, 1999; Code 1970 § 25.12.010.] Section 2. That Section 25.15.030 entitled “A definitions” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows. 25.15.030 A definitions. “Accessory dwelling unit” 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 an additional dwelling unit on a lot with a primary one-family dwelling unit. An accessory dwelling unit is an independent living unit designed for long-term residential occupancy by one or more people independent of the primary dwelling unit, with independent facilities for sleeping, cooking, and sanitation. An accessory dwelling unit may be attached or internal to the Page 41 of 152 Ordinance – Amending PMC – 25 “Zoning” - 4 primary dwelling unit, or it may be detached from the primary dwelling unit. For the purposes of this title, internal accessory dwelling units are considered attached accessory dwelling units. “Accessory use” means a use subordinate to the principal use and located on the same lot with such principal use. “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; or (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: Page 42 of 152 Ordinance – Amending PMC – 25 “Zoning” - 5 (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 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. Page 43 of 152 Ordinance – Amending PMC – 25 “Zoning” - 6 (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; 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. “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 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, Page 44 of 152 Ordinance – Amending PMC – 25 “Zoning” - 7 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 part of a building occupied by one person or family, while the rest is occupied by another, or others. “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). “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.] Page 45 of 152 Ordinance – Amending PMC – 25 “Zoning” - 8 Section 3. That Section 25.15.060 entitled “D definitions” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.15.060 D definitions. “Dance hall” means an enclosed space where public dances are held and where alcohol and/or food may be sold. “Day-care center, family home nursery school, family home day care, preschool.” For the purpose of this title, the following definitions shall apply to day-care center, babysitting care, family home day care, family home preschool/nursery schools, nursery schools or preschools: (a) “Babysitting care” means a dwelling which provides occasional care to children, for periods of less than 24 hours, who do not reside within the residence of the person providing the care. (b) “Day-care center” means a place which provides regular scheduled care for more than 12 children or adults, for periods of less than 24 hours. (c) “Family home child care” means a facility licensed to provide direct care, supervision and early learning opportunities for 12 or fewer children, in the home of the licensee where the licensee resides and is the primary provider. (d) “Family home day care” means a home licensed by the department of social and health services and in which direct care, supervision and learning opportunities are regularly provided for not more than 12 children or adults or for periods of less than 24 hours. (e) “Family home day care provider” means a person who provides direct care, supervision, behavior management, and early learning opportunities for 12 or fewer children in their family home living quarters for periods of less than 24 hours. (f) “Family home preschool/nursery schools” means a home that provides regular care and/or organized learning and educational experiences for not more than 12 children. (g) “Preschool center” means a place that provides regular custodial care and/or organized learning and educational experiences for more than 12 children. “Dwelling” means a building or part of a building designed exclusively for residential purposes, including one-family, two-family, multiple-family dwellings, but not including hotels or motel units. “Dwelling, multiple” means a building used or designed as a residence for three or more families living independently of each other and in separate dwelling units doing their own cooking therein. This includes apartments, houses, and flatssimilar divided residential structures. Page 46 of 152 Ordinance – Amending PMC – 25 “Zoning” - 9 “Dwelling, onesingle-family” means a detached or attached dwelling unit designed for or occupied exclusively by one family. A single-family dwelling may be attached to an accessory dwelling unit or to other single-family dwellings as part of a zero lot line development. “Dwelling, two-family” means a building designed for or occupied exclusively by two families living independently of each other, except that common laundry facilities are allowed. “Dwelling unit” means a building or portion thereof providing complete housekeeping independent living facilities for one family, including permanent provisions for eating, sleeping, cooking and sanitation. “Dwelling unit, accessory” means an additional dwelling unit on a lot with a primary one-family dwelling unit. An accessory dwelling unit is an independent living unit designed for long-term residential occupancy by one family independent of the primary dwelling unit, with facilities for sleeping, cooking, and sanitation. An accessory dwelling unit may be attached or internal to the primary dwelling unit, or it may be detached from the primary dwelling unit. For the purposes of this title, internal accessory dwelling units are considered attached accessory dwelling units. “Dwelling unit, courtyard apartment” means three or more attached or detached dwelling units on one parcel designed and used for occupancy with one household within each individual dwelling unit. The entryway to units is oriented around a landscaped courtyard, which is adjacent to the fronting public right-of-way “Dwelling unit, duplex” means a building divided in two parts of approximately equal size, designed exclusively for occupancy by two families on one parcel within attached dwelling units, designed and used for occupancy by one family within each individual dwelling unit and which is separated by a common wall. “Dwelling unit, primary” means a separate, complete dwelling unit that is the larger of the dwelling units when a single-family residential site development plan proposes or contains an accessory dwelling unit. “Dwelling unit, triplex” means a building designed exclusively for occupancy by three families on one parcel, within attached dwelling units, designed and used for occupancy by one family within each individual attached dwelling unit and each separated by common walls. “Dwelling unit, zero-lot-line” means a dwelling or dwellings on a parcel, which shares a common wall on a side lot line with a similar adjoining dwelling(s) on a separate, adjacent parcel. [Ord. 4110 § 5, 2013; Ord. 3354 § 2, 1999; Code 1970 §§ 25.12.158 – 25.12.185.] Section 4. That Section 25.15.080 entitled “F definitions” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.15.080 F definitions. Page 47 of 152 Ordinance – Amending PMC – 25 “Zoning” - 10 A “factory-assembled home” is defined as either: (a) A factory-built structure that was constructed in accordance with the U.S. Department of Housing and Urban Development requirements and bearing an appropriate Department of Labor and Industries insignia indicating such compliance; or (b) A factory-built structure designed for human occupancy, which is entirely or substantially prefabricated or assembled at a place other than a building site and is transported to a building site on streets or highways and there affixed to a permanent foundation. A factory-assembled home must be constructed to International Building Code standards as adopted by the City of Pasco for on-site construction, the Washington State Energy Code and all other codes adopted by the City of Pasco governing the construction of residential structures. (c) Where a “factory-assembled home” is permitted within a zoning designation, it may be permitted only as one of the allowed housing types within that zone (e.g. single family home), including as an accessory dwelling unit; provided, it meets the applicable criteria for that housing type and zoning designation. “Family” means one or more persons (but not more than six unrelated persons) living together as a single housekeeping unit. For purposes of this definition and notwithstanding any other provision of this code, children with familial status within the meaning of 42 USC § 3602(k) and persons with handicaps within the meaning of 42 USC § 3602(h) will not be counted as unrelated person. [Ord. 4110 § 5, 2013; Ord. 3354 § 2, 1999; Code 1970 §§ 25.12.190 – 25.12.195.] Section 5. That Chapter 25.30 entitled “R-S-20 Suburban District” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.30.010 Purpose. The R-S-20 suburban district is established to provide a low-density residential environment permitting a gross density of two to five dwelling units per acre, as set forth in the Comprehensive Land Use Density Table in PMC 25.215.015. Lands within this district shall, unless specifically allowed herein, contain suburban residential development with large lots and expansive yards. Structures in this district are limited to single-family dwellings and customary accessory structures. Certain public facilities and institutions may also be permitted, provided their nature and location are not detrimental to the intended suburban residential environment. [Ord. 3354 § 2, 1999; Code 1970 § 25.22.010.] 25.30.020 Permitted uses. The following uses shall be permitted in the R-S-20 suburban district: (1) Single-family dwellings; and (2) New factory-assembled homes. Page 48 of 152 Ordinance – Amending PMC – 25 “Zoning” - 11 (3) Nothing contained in this section shall be deemed to prohibit the use of vacant property for gardening or fruit raising. [Ord. 3731 § 3, 2005; Ord. 3354 § 2, 1999; Code 1970 § 25.22.020.] 25.30.030 Permitted accessory uses. The following uses shall be permitted as accessory to a permitted use in the R-S-20 suburban district: (1) Detached residential garages as defined in PMC 25.15.090, provided they do not exceed the height of 18 feet and are no larger than 1,600 square feet in area. For each additional 20,000 square feet of lot area, the gross floor area of detached shops and garages can be increased by 400 square feet. A greater height may be approved by special permit based upon the review criteria listed in PMC 25.200.080 and 25.200.090; (2) Home occupations as defined in PMC 25.15.100; (3) Storage buildings cumulatively not exceeding 480 square feet of gross floor area and 15 feet in height; provided no container storage, as defined in PMC 25.15.210, shall be permitted. For each additional 20,000 square feet of lot area, the gross floor area of storage sheds can be increased by 400 square feet; (4) Agricultural uses (limited), as defined in PMC 25.15.030 (except that the keeping of animals shall be permitted on parcels consisting of 10,000 square feet over and above an area equal in size to 12,000 square feet set aside for the dwelling on the parcel); (5) One animal unit (as defined in PMC 25.15.030) shall be allowed for each full 10,000- square-foot increment of land over and above an area equal in size to 12,000 square feet set aside for the dwelling on the same parcel, provided all barns, barnyards, chicken houses, or corrals shall be located not less than 25 feet from a public roadway and not less than 10 feet from any adjoining property held under separate ownership; and provided, that said number of chickens, fowl or rabbits does not exceed two animal units; (6) The keeping of dogs and cats, provided such number of animals does not exceed three dogs and three cats; (7) Family day care home in conformance with Chapter 388-73 WAC as now existing and as amended and Chapter 25.150 PMC; (8) Accessory dwelling units; (9) Family home preschool in conformance with Chapter 25.150 PMC; and (10) For lots with a minimum of 5,000 square feet but less than 22,000 square feet and containing only one single-family dwelling unit, the keeping of dogs, cats, rabbits, and chicken hens, provided such number of animals does not exceed three dogs and/or three cats, and/or three Page 49 of 152 Ordinance – Amending PMC – 25 “Zoning” - 12 rabbits and/or three chicken hens, the total number of animals not to exceed six; in all cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed. Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops, must be at least 10 feet from any property line, may not exceed six feet in height and 30 square feet in size, and must be located behind the rear line of the dwelling. Property owners shall not allow such structures to become a nuisance due to noise or odor. [Ord. 4144 § 1, 2014; Ord. 4110 § 8, 2013; Ord. 4036 § 2, 2011; Ord. 3688 § 1, 2004; Ord. 3354 § 2, 1999; Code 1970 § 25.22.030.] 25.30.040 Conditional uses. In addition to the unclassified uses listed in Chapter 25.200 PMC, the following uses may be permitted by special permit as provided in Chapter 25.200 PMC: (1) Churches and similar places of worship; (2) Public libraries and municipal office buildings; (3) Public and private schools, public parks and playgrounds; (4) Fire department station houses; (5) Day care centers and preschool centers; (6) Agricultural use (commercial); (7) Buildings in conjunction with an agricultural use (limited), provided the parcel contains at least five acres and the building will not be used for the conduct or support of any business activity; and (8) Unclassified uses as listed in PMC 25.200.020. [Ord. 4110 § 8, 2013; Ord. 3667 § 1, 2004; Ord. 3354 § 2, 1999; Code 1970 § 25.22.040.] 25.30.050 Development standards. (1) Minimum lot area: 20,000 square feet. (2) Density: One dwelling unit per lot, except as provided in PMC 25.30.030(8). (3) Maximum lot coverage: 40 percent. (4) Minimum Yard Setbacks. (a) Front: 25 feet. (b) Side: 10 feet. Page 50 of 152 Ordinance – Amending PMC – 25 “Zoning” - 13 (c) Rear. Principal building: 25 feet. Accessory structuresbuildings: Accessory structures buildings adjacent an alley may be placed on the alley line, provided there are no openings in the wall parallel adjacent to the alley. Garages with vehicle doors parallel adjacent to an alley shall be set back from the alley 20 feet. Where there is no alley, the setback shall be 10 feet. (5) Maximum Building Height. (a) Principal building: 35 feet, except a greater height may be approved by special permit. (b) Accessory buildings: 15 feet. (6) Fences and hedges: See Chapter 25.180 PMC. (7) Parking: See Chapter 25.185 PMC. (8) Landscaping: See Chapter 25.180 PMC. (9) Residential design standards: See PMC 25.165.100. [Ord. 4110 § 8, 2013; Ord. 3731 § 4, 2005; Ord. 3354 § 2, 1999; Code 1970 § 25.22.050.] Section 6. That Chapter 25.35 entitled “R-S-12 Suburban District” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.35.010 Purpose. The R-S-12 suburban district is established to provide a low-density residential environment compliant with the Comprehensive Plan Land Use Element Density Table in PMC 25.215.015. permitting three dwelling units per acre. Lands within this district shall, unless specifically allowed herein, contain suburban residential development with large lots and expansive yards. Structures in this district are limited to single-family dwellings and customary accessory structures. Certain public facilities and institutions may also be permitted, provided their nature and location are not detrimental to the intended suburban residential environment. [Ord. 3354 § 2, 1999; Code 1970 § 25.24.010.] 25.35.020 Permitted uses. The following uses shall be permitted in the R-S-12 suburban district: (1) Single-family dwellings. And (2) Zero-lot line dwellings. (3) Multiple dwellings. Page 51 of 152 Ordinance – Amending PMC – 25 “Zoning” - 14 (4) Duplexes. (5) Triplexes: shall only be permitted on corner lots within ¼ mile of planned, proposed public facility or land use, zoned for Government, Quasi-Public or Civic Uses. (2)(6) New factory-assembled homes. (3)(7) Nothing contained in this section shall be deemed to prohibit the use of vacant property for gardening or fruit raising. [Ord. 3731 § 5, 2005; Ord. 3354 § 2, 1999; Code 1970 § 25.24.020.] 25.35.030 Permitted accessory uses. The following uses shall be permitted as accessory to a permitted use in the R-S-12 suburban district: (1) Detached residential garages as defined in PMC 25.15.090, provided they do not exceed 18 feet in height and 1,200 square feet in area. For each additional 12,000 square feet of lot area, the gross floor area of detached shops and garages can be increased by 260 square feet. A greater height may be approved by special permit based upon the review criteria listed in PMC 25.200.080 and 25.200.090. (2) Home occupations as defined in PMC 25.15.100. (3) Storage buildings cumulatively not exceeding 260 square feet of gross floor area and 15 feet in height; provided no container storage, as defined in PMC 25.15.210, shall be permitted. For each additional 12,000 square feet of lot area the gross floor area of storage sheds can be increased by 260 square feet. (4) Agricultural uses (limited), as defined in PMC 25.15.030 (except that the keeping of animals shall be permitted on parcels consisting of 10,000 square feet over and above an area equal in size to 12,000 square feet set aside for the dwelling on the parcel). (5) One animal unit (as defined in PMC 25.15.030) shall be allowed for each full 10,000- square-foot increment of land over and above an area equal in size to 12,000 square feet set aside for the dwelling on the same parcel, provided all barns, barnyards, chicken houses, or corrals shall be located not less than 25 feet from a public roadway and not less than 10 feet from any adjoining property held under separate ownership; and provided said number of chickens, fowl or rabbits does not exceed two animal units. (6) The keeping of dogs and cats, provided such number of animals does not exceed three dogs and three cats. (7) Family day care home in conformance with Chapter 388-73 WAC as now existing and as amended and Chapter 25.150 PMC. Page 52 of 152 Ordinance – Amending PMC – 25 “Zoning” - 15 (8) Accessory dwelling units. (9) For lots with a minimum of 5,000 square feet but less than 22,000 square feet and containing only one single-family dwelling unit, the keeping of dogs, cats, rabbits, and chicken hens, provided such number of animals does not exceed three dogs and/or three cats, and/or three rabbits and/or three chicken hens, the total number of animals not to exceed six; in all cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed. Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops, must be at least 10 feet from any property line, may not exceed six feet in height and 30 square feet in size, and must be located behind the rear line of the dwelling. Rabbit hutches and/or chicken coops adjacent an alley may be placed within five feet of the alley line provided there are no openings in the wall parallel adjacent to the alley. Property owners shall not allow such structures to become a nuisance due to noise or odor. (10) Family home preschool in conformance with Chapter 25.150 PMC. [Ord. 4144 § 2, 2014; Ord. 4110 § 9, 2013; Ord. 4040 § 2, 2012; Ord. 4036 § 4, 2011; Ord. 3688 § 2, 2004; Ord. 3354 § 2, 1999; Code 1970 § 25.24.030.] 25.35.040 Conditional uses. In addition to the unclassified uses listed in Chapter 25.200 PMC, the following uses may be permitted by special permit as provided in Chapter 25.200 PMC: (1) Churches and similar places of worship. (2) Public libraries and municipal office buildings. (3) Public and private schools, public parks and playgrounds. (4) Fire department station houses. (5) Day care centers and preschool centers. (6) Agricultural use (commercial). (7) Buildings in conjunction with an agricultural use (limited), provided the parcel contains at least five acres and the building will not be used for the conduct or support of any business activity. (8) Unclassified uses as listed in PMC 25.200.020. [Ord. 4110 § 9, 2013; Ord. 3667 § 2, 2004; Ord. 3354 § 2, 1999; Code 1970 § 25.24.040.] 25.35.050 Development standards. (1) Minimum lot area: 12,000 square feet. Page 53 of 152 Ordinance – Amending PMC – 25 “Zoning” - 16 (2) Density: One dwelling unit per lot, except as provided in PMC 25.35.030(8)All Developments shall be compliant with the Comprehensive Plan Land Density Table in PMC 25.215.015, and shall contain no more than gross density three dwelling units per lot. (3) Maximum lot coverage: 40 percent. (4) Minimum Yard Setbacks. (a) Front: 25 feet. (b) Side: 10 feet, except in zero-lot-line developments in which case no side yard setback is required from the common lot line, provided the remaining side yards are at least 10 feet each. (c) Rear. Principal building: 25 feet. Accessory structuresbuildings: Accessory structures buildings adjacent an alley may be placed on the alley line provided there are no openings in the wall parallel adjacent to the alley. Garages with vehicle doors parallel adjacent to an alley shall be set back from the alley 20 feet. Where there is no alley, the setback shall be five feet; (5) Maximum building height: (a) Principal building: 35 feet, except a greater height may be approved by special permit. (b) Accessory buildings: 15 feet. (6) Fences and hedges: See Chapter 25.180 PMC. (7) Parking: See Chapter 25.185 PMC. (8) Landscaping: See Chapter 25.180 PMC. (9) Residential design standards: See PMC 25.165.100. [Ord. 3731 § 6, 2005; Ord. 3354 § 2, 1999; Code 1970 § 25.24.050.] Section 7. That Chapter 25.40 entitled “R-S-1 Suburban District” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.40.010 Purpose. The R-S-1 suburban district is established to provide a low density residential environment permitting four dwelling units per acre. Lands within this district should contain suburban residential development with large lots and expansive yards. Structures in this district are limited to single-family conventional dwellings. compliant with the Comprehensive Plan Land Use Page 54 of 152 Ordinance – Amending PMC – 25 “Zoning” - 17 ElementDensity Table in PMC 25.215.015. Certain public facilities and institutions may also be permitted, provided their nature and location are not detrimental to the intended suburban residential environment. [Ord. 3354 § 2, 1999; Code 1970 § 25.26.010.] 25.40.020 Permitted uses. The following uses shall be permitted in the R-S-1 suburban district: (1) Single-family dwellings.; and (2) Zero-lot line dwellings (3) Multiple dwellings. (4) Duplexes. (5) Triplexes. (6) Courtyard Apartments: shall only be permitted on corner lots within ¼ mile of planned, proposed public facility or land use, zoned for Government, Quasi-Public or Civic Uses. (2)(7) New factory-assembled homes. (3)(8) Nothing contained in this section shall be deemed to prohibit the use of vacant property for gardening or fruit raising. [Ord. 3731 § 7, 2005; Ord. 3354 § 2, 1999; Code 1970 § 25.26.020.] 25.40.030 Permitted accessory uses. The following uses shall be permitted as accessory to a permitted use in the R-S-1 suburban district: (1) Detached residential garages as defined in PMC 25.15.090, provided they do not exceed 15 feet in height and 1,000 square feet in area; except on lots that are 12,000 square feet or more the height may be increased by three feet and the area may increase by 200 square feet. On lots over 12,000 square feet in area detached residential garages in excess of 18 feet in height may be permitted by special permit based upon the review criteria listed in PMC 25.200.080 and 25.200.090. (2) Home occupations as defined in PMC 25.15.100. (3) Storage buildings cumulatively not exceeding 200 square feet of gross floor area and 15 feet in height; provided no container storage, as defined in PMC 25.15.210, will be permitted. (4) Agricultural uses (limited), as defined in PMC 25.15.030, except that the keeping of animals shall be permitted on parcels consisting of 10,000 square feet over and above an area equal in size to 12,000 square feet set aside for the dwelling on the parcel. Page 55 of 152 Ordinance – Amending PMC – 25 “Zoning” - 18 (5) One animal unit (as defined in PMC 25.15.030) shall be allowed for each full 10,000- square-foot increment of land over and above an area equal in size to 12,000 square feet set aside for the dwelling on the same parcel, provided all barns, barnyards, chicken houses, or corrals shall be located not less than 25 feet from a public roadway and not less than 10 feet from any adjoining or abutting property held under separate ownership, and provided said number of chickens, fowl or rabbits does not exceed two animal units. (6) The keeping of dogs and cats, provided such number of animals does not exceed three dogs and three cats. (7) Family day care home in conformance with Chapter 388-73 WAC as now existing and as amended and Chapter 25.150 PMC. (8) Accessory dwelling units. (9) Family home preschool in conformance with Chapter 25.150 PMC. (10) For lots with a minimum of 5,000 square feet but less than 22,000 square feet and containing only one single-family dwelling unit, the keeping of dogs, cats, rabbits, and chicken hens, provided such number of animals does not exceed three dogs and/or three cats, and/or three rabbits and/or three chicken hens, the total number of animals not to exceed six; in all cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed. Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops, must be at least 10 feet from any property line, may not exceed six feet in height and 30 square feet in size, and must be located behind the rear line of the dwelling. Rabbit hutches and/or chicken coops adjacent an alley may be placed within five feet of the alley line provided there are no openings in the wall parallel adjacent to the alley. Property owners shall not allow such structures to become a nuisance due to noise or odor. [Ord. 4144 § 3, 2014; Ord. 4110 § 10, 2013; Ord. 4040 § 3, 2012; Ord. 4036 § 6, 2011; Ord. 3688 § 3, 2004; Ord. 3354 § 2, 1999; Code 1970 § 25.26.030.] 25.40.040 Conditional uses. In addition to the unclassified uses listed in Chapter 25.200 PMC, the following uses may be permitted by special permit as provided in Chapter 25.200 PMC: (1) Churches and similar places of worship. (2) Public libraries and municipal office buildings. (3) Public and private schools, public parks and playgrounds. (4) Fire department station houses. (5) Day care centers and preschool centers. Page 56 of 152 Ordinance – Amending PMC – 25 “Zoning” - 19 (6) Agricultural use (commercial).; and (7) Unclassified uses as listed in PMC 25.200.020. [Ord. 4110 § 10, 2013; Ord. 3354 § 2, 1999; Code 1970 § 25.26.040.] 25.40.050 Development standards. (1) Minimum lot area: 10,000 square feet. (2) Density: One dwelling unit per lot, except as provided in PMC 25.40.030(8)All developments shall be compliant with the Comprehensive Plan Land Density Table in PMC 25.15.015, and shall contain no greater than three dwelling units per lot. (3) Maximum lot coverage: 40 percent. (4) Minimum Yard Setbacks. (a) Front: 20 feet. (b) Side. Principal building: 10 feet, except in zero-lot-line developments in which case no side yard setback is required from the common lot line, provided the remaining side yards are at least 10 feet each. Accessory structuresbuildings: Five feet, provided the accessory structure building is located behind the rear building line. (c) Rear. Principal building: Equal to the height of the dwelling. Accessory structuresbuildings: Accessory structures buildings adjacent to an alley may be placed on the alley line provided there are no openings in the wall parallel adjacent to the alley. Garages with vehicle doors parallel adjacent to an alley shall be set back from the alley 20 feet. Where there is no alley, the setback shall be five feet. (5) Maximum Building Height. (a) Principal building: 25 35 feet, except a greater height may be approved by special permit. (b) Accessory buildings: 15 feet. (6) Fences and hedges: See Chapter 25.180 PMC. (7) Parking: See Chapter 25.185 PMC. (8) Landscaping: See Chapter 25.180 PMC. Page 57 of 152 Ordinance – Amending PMC – 25 “Zoning” - 20 (9) Residential design standards: See PMC 25.165.100. [Ord. 3731 § 8, 2005; Ord. 3354 § 2, 1999; Code 1970 § 25.26.050.] Section 8. That Chapter 25.45 entitled “R-1 Low Density Residential District” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.45.010 Purpose. The R-1 low density residential district is established to provide a low to medium density residential environment compliant with the Comprehensive Plan Land Density Table in PMC 25.215.015. Lands within this district generally should contain single-family conventional dwellings with smaller lots and useful yard spaces. Certain public facilities and institutions may also be permitted, provided their nature and location are not detrimental to the intended low density residential environment. [Ord. 3354 § 2, 1999; Code 1970 § 25.28.010.] 25.45.020 Permitted uses. The following uses shall be permitted in the R-1 district: (1) Single-family dwellings; and. (2) Zero-lot line dwellings (3) Multiple dwellings. (4) Duplexes. (5) Triplexes. (6) Courtyard Apartments. (2)(7) New factory-assembled homes. (3)(8) Nothing contained in this section shall be deemed to prohibit the use of vacant property for gardening or fruit raising. [Ord. 3731 § 9, 2005; Ord. 3354 § 2, 1999; Code 1970 § 25.28.020.] 25.45.030 Permitted accessory uses. The following uses shall be permitted as accessory to a permitted use in the R-1 low density residential district: (1) Detached residential garages as defined in PMC 25.15.090, provided they do not exceed 15 feet in height and 1,000 square feet in area; except on lots that are 12,000 square feet or more the height may be increased by three feet and the area may increase by 200 square feet. On lots over 12,000 square feet in area detached residential garages in excess of 18 feet in height may be Page 58 of 152 Ordinance – Amending PMC – 25 “Zoning” - 21 permitted by special permit based upon the review criteria listed in PMC 25.200.080 and 25.200.090. (2) Home occupations, as defined by PMC 25.15.100. (3) Storage buildings cumulatively not exceeding 200 square feet of gross floor area and 15 feet in height; provided no container storage, as defined in PMC 25.15.210, shall be permitted. (4) The renting of rooms for lodging purposes only; provided, however, such accommodations shall not exceed two persons in a single-family dwelling. One off-street parking space, per roomer, must be provided in addition to the requirement set forth under PMC 25.185.170(5). (5) The keeping of dogs and cats, provided such number of animals does not exceed three dogs and three cats. (6) Family day care homes in conformance with Chapter 388-73 WAC as now existing and as amended and Chapter 25.150 PMC. (7) Accessory dwelling units. (8) On lots with a minimum of 5,000 square feet and containing only one single-family dwelling unit, the keeping of dogs, cats, rabbits, and chicken hens, provided such number of animals does not exceed three dogs and/or three cats, and/or three rabbits and/or three chicken hens, the total number of animals not to exceed six; in all cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed. (9) Family home preschool in conformance with Chapter 25.150 PMC. [Ord. 4144 § 4, 2014; Ord. 4110 § 11, 2013; Ord. 4036 § 8, 2011; Ord. 3688 § 4, 2004; Ord. 3354 § 2, 1999; Code 1970 § 25.28.030.] 25.45.040 Conditional uses. In addition to the unclassified uses listed in Chapter 25.200 PMC, the following uses may be permitted by special permit as provided in Chapter 25.200 PMC: (1) Churches and similar places of worship. (2) Public libraries and municipal office buildings. (3) Public and private schools, public parks and playgrounds. (4) Fire department station houses. (5) Day care centers and preschool centers. Page 59 of 152 Ordinance – Amending PMC – 25 “Zoning” - 22 (6) Unclassified uses as listed in PMC 25.200.020. [Ord. 4110 § 11, 2013; Ord. 3354 § 2, 1999; Code 1970 § 25.28.040.] 25.45.050 Development standards. (1) Minimum lot area: 7,200 square feet. (2) Density: One dwelling unit lot, except as provide in PMC 25.45.030(7)All developments shall be compliant with the Comprehensive Plan Land Density Table in PMC 25.215.015, and shall contain no greater than four dwelling units per lot. (3) Maximum lot coverage: 40 percent. (4) Minimum Yard Setbacks. (a) Front: 20 feet. (b) Side: Five feet, except in zero-lot-line developments in which case no side yard setback is required from the common lot line, provided the remaining side yards are at least 10 feet each. (c) Rear. Principal building: Equal to the height of the dwelling. Accessory structuresbuildings: Accessory structures buildings adjacent an alley may be placed on the alley line provided there are no openings in the wall parallel adjacent to the alley. Garages with vehicle doors parallel adjacent to an alley shall be set back from the alley 20 feet. Where there is no alley, the setback shall be five feet. Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops, must be at least 10 feet from any property line, may not exceed six feet in height and 30 square feet in size, and must be located behind the rear line of the dwelling. Rabbit hutches and/or chicken coops adjacent an alley may be placed within five feet of the alley line provided there are no openings in the wall parallel adjacent to the alley. Property owners shall not allow such structures to become a nuisance due to noise or odor. (5) Maximum Building Height. (a) Principal: 25 35 feet, except a greater height may be approved by special permit. (b) Accessory buildings: 15 feet. (6) Fences and hedges: See Chapter 25.180 PMC. (7) Parking: See Chapter 25.185 PMC; (8) Landscaping: See Chapter 25.180 PMC; and Page 60 of 152 Ordinance – Amending PMC – 25 “Zoning” - 23 (9) Residential design standards: See PMC 25.165.100 [Ord. 4040 § 4, 2012; Ord. 4036 § 9, 2011; Ord. 3731 § 10, 2005; Ord. 3354 § 2, 1999; Code 1970 § 25.28.050.] Section 9. That Chapter 25.60 entitled “R-2 Medium Density Residential District” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.60.010 Purpose. The R-2 district is established to provide a medium density residential environment compliant with the Comprehensive Plan Land Density Table in PMC 25.215.015. Lands within this district generally should contain multiple-unit residential structures of a scale compatible with structures in lower density districts with useful yard spaces. The R-2 district is intended to allow for a gradual increase in density between low and high-density residential districts. from low density residential districts and, where compatible, can provide a transition between different use areas. [Ord. 3354 § 2, 1999; Code 1970 § 25.34.010.] 25.60.020 Permitted uses. The following uses shall be permitted in the R-2 district: (1) Single-family dwellings. (2) Two-family dwellings. (3) Zero-lot line dwellings. (4) Multiple dwellings. (5) Duplexes. (6) Triplexes. (7) Courtyard Apartments. (28) New factory-assembled homes. (3) Two-family dwellings. (4) Multiple dwellings. (59) Nothing contained in this section shall be deemed to prohibit the uses of vacant property for gardening or fruit raising. [Ord. 3731 § 13, 2005; Ord. 3354 § 2, 1999; Code 1970 § 25.34.020.] 25.60.030 Permitted accessory uses. The following uses shall be permitted as accessory to a permitted use in the R-2 district: Page 61 of 152 Ordinance – Amending PMC – 25 “Zoning” - 24 (1) Detached single-family residential garages, as defined in PMC 25.15.090, provided they do not exceed 15 feet in height and 1,000 square feet in area. On lots over 12,000 square feet in area detached residential garages in excess of 15 feet in height and/or increase in floor area of up to 200 square feet may be permitted by special permit based upon the review criteria listed in PMC 25.200.080 and 25.200.090. (2) Home occupations as defined by PMC 25.15.100. (3) Storage buildings cumulatively not exceeding 200 square feet of gross floor area and 15 feet in height; provided no container storage, as defined in PMC 25.15.210, shall be permitted. (4) The keeping of dogs and cats provided such number of animals does not exceed three dogs and three cats. (5) Family day care homes in conformance with Chapter 388-73 WAC as now existing and as amended and Chapter 25.150 PMC. (6) The renting of rooms for lodging purposes only; provided, however, that such accommodations shall not exceed two persons in a single-family dwelling. One off-street parking space per roomer must be provided in addition to the requirement set forth under PMC 25.185.170(5). (7) Family home preschool in conformance with Chapter 25.150 PMC. (8) Accessory dwelling units. in single-family homes. (9) On lots with a minimum of 5,000 square feet and containing only one single-family dwelling unit, the keeping of up to three rabbits or three chicken hens for personal use, provided the total number of animals (including dogs, cats, rabbits, and chicken hens) does not exceed six; in all cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed. [Ord. 4144 § 5, 2014; Ord. 4110 § 14, 2013; Ord. 4036 § 14, 2011; Ord. 3354 § 2, 1999; Code 1970 § 25.34.030.] 25.60.040 Conditional uses. In addition to the unclassified uses listed in Chapter 25.200 PMC, the following uses may be permitted by special permit as provided in Chapter 25.200 PMC: (1) Churches and similar places of worship. (2) Public libraries and municipal office buildings. (3) Public and private schools, public parks and playgrounds. (4) Fire department station houses. Page 62 of 152 Ordinance – Amending PMC – 25 “Zoning” - 25 (5) Day care centers and preschool centers. (6) Unclassified uses as listed in PMC 25.200.020. [Ord. 4110 § 5, 2013; Ord. 3354 § 2, 1999; Code 1970 § 25.34.040.] 25.60.050 Development standards. (1) Minimum lot area: 5,000 square feet. (2) One single-family dwelling shall be permitted per lot. Multiple dwellings shall be permitted based on the density standards in subsection (3) of this section. (3) Density: All developments shall be compliant with the Comprehensive Plan Land Density Table in PMC 25.15.015. In addition, one dwelling unit per 5,000 square feet of lot area is required for all single-family detached dwellings and 4,000 square feet of lot area is required for all multiple-family dwellings, duplexes, two family dwellings, triplexes, courtyard apartments, and zero lot line dwellings, except as provided in PMC 25.60.030(8) and PMC 25.161. (4) Maximum lot coverage: 40 percent. (a) Single-family (detached): 40 percent. (b) Single-family with an attached ADU, duplexes, two-family dwellings, triplexes, courtyard apartments, zero lot line dwellings or multiple dwellings: determined by parking and setback requirements. (5) Minimum Yard Setbacks. (a) Front: 20 feet. (b) Side: five feet except in zero-lot-line developments in which case no side yard setback is required from the common lot line, provided the remaining side yards are at least 10 feet each. (c) Rear: Principal building: Equal to the height of the dwelling. Accessory structures: Accessory structures adjacent to an alley may be placed on the alley line provided there are no openings in the wall parallel adjacent to the alley. Garages with vehicle doors parallel adjacent to an alley shall be set back from the alley 20 feet. Where there is no alley the setback shall be five feet. Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops, must be at least 10 feet from any property line, may not exceed six feet in height and 30 square feet in size, and must be located behind the rear line of the dwelling. Rabbit hutches and/or chicken coops adjacent to an alley may be placed within five feet of the alley line provided there are no openings Page 63 of 152 Ordinance – Amending PMC – 25 “Zoning” - 26 in the wall parallel adjacent to the alley. Property owners shall not allow such structures to become a nuisance due to noise or odor. (6) Maximum Building Height. (a) Principal building: 2535 feet, except a greater height may be approved by special permit. (b) Accessory buildings: 15 feet. (7) Fences and hedges: See Chapter 25.180 PMC. (8) Parking: See Chapter 25.185 PMC. (9) Landscaping: See Chapter 25.180 PMC. (10) Residential design standards: See PMC 25.165.100. [Ord. 4445 § 2, 2019; Ord. 4110 § 14, 2013; Ord. 4040 § 7, 2012; Ord. 4036 § 15, 2011; Ord. 3731 § 14, 2005; Ord. 3354 § 2, 1999; Code 1970 § 25.34.050.] Section 10. That Chapter 25.65 entitled “R-3 Medium Density Residential District” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.65.010 Purpose. The R-3 district is established to provide a medium density residential environment compliant with the Comprehensive Plan Land Density Table in PMC 25.15.015. Lands within this district generally contain multiple-unit residential structures of a scale compatible with the structures in low density districts and with useful yard spaces. The R-3 district is intended to allow for a gradual increase in density from lower density residential districts and, where compatible, can provide a transition between different use areas between low- and high-density residential districts. [Code 1970 § 25.36.010.] 25.65.020 Permitted uses. The following uses shall be permitted in the R-3 district: (1) Single-family dwellings. (2) Two-family dwellings (3) Zero-lot line dwellings (4) Multiple dwellings (5) Duplexes Page 64 of 152 Ordinance – Amending PMC – 25 “Zoning” - 27 (6) Triplexes (7) Courtyard Apartments (28) New factory-assembled homes. (3) Two-family dwellings. (4) Multiple dwellings. (59) Nothing contained in this section shall be deemed to prohibit the uses of vacant property for gardening or fruit raising. [Ord. 3731 § 13, 2005; Ord. 3354 § 2, 1999; Code 1970 § 25.34.020.] 25.65.030 Permitted accessory uses. The following uses shall be permitted as accessory to a permitted used in the R-3 district: (1) Detached single-family residential garages, as defined in PMC 25.15.090, provided they do not exceed 15 feet in height and 1,000 square feet in area. On lots over 12,000 square feet in area detached residential garages in excess of 15 feet in height and/or increase in floor area of up to 200 square feet may be permitted by special permit based upon the review criteria listed in PMC 25.200.080 and 25.200.090. (2) Home occupations as defined by PMC 25.15.100. (3) Storage buildings cumulatively not exceeding 200 square feet of gross floor area and 15 feet in height; provided no container storage, as defined in PMC 25.15.210, shall be permitted. (4) The keeping of dogs and cats, provided such number of animals does not exceed three dogs and three cats. (5) Family day care homes in conformance with Chapter 388-73 WAC as now existing and as amended and Chapter 25.150 PMC. (6) The renting of rooms for lodging purposes only, provided such accommodations shall not exceed two persons in a single-family dwelling. One off-street parking space per roomer must be provided in addition to the requirement set forth under PMC 25.185.170(5). (7) Family home preschool in conformance with Chapter 25.150 PMC. (8) Accessory dwelling in single-family homes units. (9) On lots with a minimum of 5,000 square feet and containing only one single-family dwelling unit, the keeping of up to three rabbits or three chicken hens for personal use, provided the total number of animals (including dogs, cats, rabbits, and chicken hens) does not exceed six; Page 65 of 152 Ordinance – Amending PMC – 25 “Zoning” - 28 in all cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed. [Ord. 4144 § 6, 2014; Ord. 4110 § 15, 2013; Ord. 4036 § 16, 2011; Ord. 3354 § 2, 1999; Code 1970 § 25.36.030.] 25.65.040 Conditional uses. In addition to the unclassified uses listed in Chapter 25.200 PMC, the following uses may be permitted by special permit as provided in Chapter 25.200 PMC: (1) Churches and similar places of worship. (2) Public libraries and municipal office buildings. (3) Public and private schools, public parks and playgrounds. (4) Fire department station houses.; and (5) Day care centers and preschool centers.; and (6) Unclassified uses as listed in PMC 25.200.020. [Ord. 4110 § 15, 2013; Ord. 3354 § 2, 1999; Code 1970 § 25.36.040.] 25.65.050 Development standards. (1) Minimum lot area: 4,500 square feet. (2) One single-family dwelling shall be permitted per lot. Multiple dwellings shall be permitted based on the density standards in subsection (3) of this section. (3) Density: All developments shall be compliant with the Comprehensive Plan Land Density Table in PMC 25.15.015. In addition, one dwelling unit per 4,500 square feet of lot area is required for single-family dwellings and 3,000 square feet of lot area is required for multiple-family dwellings, duplexes, two-family dwellings, triplexes, courtyard apartments, and dwellings part of zero-lot-line developments dwellings, and except as provided in PMC 25.65.030(8) and PMC 25.161. (4) Maximum lot coverage: 60 percent; (a) Single-family dwellings: 60 percent. (b) Single-family dwellings with an ADU, or multiple dwellings, duplexes, two family dwellings, triplexes, courtyard apartments, and zero lot line dwellings: determined by parking and setback requirements. (5) Minimum Yard Setbacks. Page 66 of 152 Ordinance – Amending PMC – 25 “Zoning” - 29 (a) Front: 20 feet. (b) Side: Five feet, except in zero-lot-line developments in which case no side yard setback is required from the common lot line(s), provided the remaining side yards are at least 10 feet each., provided the remaining side yard is at least 10 feet. (c) Rear: Principal building: Equal to the height of the dwelling. Accessory structures: Accessory structures adjacent to an alley may be placed on the alley line provided there are no openings in the wall parallel adjacent to the alley. Garages with vehicle doors parallel to an alley shall be set back from the alley 20 feet. Where there is no alley, the setback shall be five feet. Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops, must be at least 10 feet from any property line, may not exceed six feet in height and 30 square feet in size, and must be located behind the rear line of the dwelling. Rabbit hutches and/or chicken coops adjacent to an alley may be placed within five feet of the alley line provided there are no openings in the wall parallel adjacent to the alley. Property owners shall not allow such structures to become a nuisance due to noise or odor. (6) Maximum Building Height. (a) Principal building: 40 feet for single family detached or attached dwellings and 45 feet for multiple dwellings, duplexes, two family dwellings, triplexes, courtyard apartments, and zero lot line dwellings, except a greater height may be approved by special permit. (b) Accessory buildings: 15 feet. (7) Fences and hedges: See Chapter 25.180 PMC. (8) Parking: See Chapter 25.185 PMC.; and (9) Landscaping: See Chapter 25.180 PMC; (10) Residential design standards: See PMC 25.165.100. [Ord. 4456 § 1, 2019; Ord. 4445 § 3, 2019; Ord. 4110 § 15, 2013; Ord. 4040 § 8, 2012; Ord. 4036 § 17, 2011; Ord. 3731 § 16, 2005; Ord. 3354 § 2, 1999; Code 1970 § 25.36.050.] Section 11. That Chapter 25.70 entitled “R-4 High Density Residential District” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.70.010 Purpose. The R-4 district is established to provide a high-density residential environment compliant with the Comprehensive Plan Land Density Table in PMC 25.15.015. Lands within this district generally should may contain multiple dwellings and multifamily structures. Lands within the R- Page 67 of 152 Ordinance – Amending PMC – 25 “Zoning” - 30 4 district should generally be located along arterial streets and near shopping areas in order to provide a transition between commercial areas and lower density residential areas. [Ord. 3354 § 2, 1999; Code 1970 § 25.38.010.] 25.70.020 Permitted uses. The following uses shall be permitted within the R-4 district: (1) Single-family dwellings with an attached ADU. (23) Two-family dwellings (3) Zero-lot line dwellings (may include single family dwellings without an ADU). (4) Multiple dwellings. (5) Duplexes (6) Triplexes (7) Courtyard Apartments (82) New factory-assembled homes. (3) Two-family dwellings. (4) Multiple dwellings. (59) Nothing contained in this section shall be deemed to prohibit the uses of vacant property for gardening or fruit raising. [Ord. 3731 § 13, 2005; Ord. 3354 § 2, 1999; Code 1970 § 25.34.020.] 25.70.030 Permitted accessory uses. The following uses shall be permitted as accessory to a permitted use in the R-4 district: (1) Detached single-family residential garages, as defined in PMC 25.15.090, provided they do not exceed 15 feet in height and 1,000 square feet in area. On lots over 12,000 square feet in area detached residential garages in excess of 15 feet in height and/or increase in floor area of up to 200 square feet may be permitted by special permit based upon the review criteria listed in PMC 25.200.080 and 25.200.090. (2) Home occupations as defined by PMC 25.15.100. (3) Storage buildings cumulatively not exceeding 200 square feet of gross floor area and 15 feet in height; provided no container storage, as defined in PMC 25.15.210, shall be permitted. Page 68 of 152 Ordinance – Amending PMC – 25 “Zoning” - 31 (4) The keeping of dogs and cats, provided such number of animals does not exceed three dogs and three cats. (5) Family day care homes in conformance with Chapter 388-73 WAC as now existing and as amended and Chapter 25.150 PMC. (6) The renting of rooms for lodging purposes only, provided such accommodations shall not exceed two persons in a single-family dwelling. One off-street parking space per roomer must be provided in addition to the requirements set forth under PMC 25.185.170(5). (7) Family home preschool in conformance with Chapter 25.150 PMC. (8) Accessory dwelling in single-family homes units. and (9) On lots with a minimum of 5,000 square feet and containing only one single-family dwelling unit, the keeping of up to three rabbits or three chicken hens for personal use, provided the total number of animals (including dogs, cats, rabbits, and chicken hens) does not exceed six; in all cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed. [Ord. 4144 § 7, 2014; Ord. 4110 § 16, 2013; Ord. 4036 § 18, 2011; Ord. 3354 § 2, 1999; Code 1970 § 25.38.030.] 25.70.040 Conditional uses. In addition to the unclassified uses listed in Chapter 25.200 PMC, the following uses may be permitted by special permit as provided in Chapter 25.200 PMC: (1) Churches and other places of worship. (2) Public libraries and municipal office buildings. (3) Public and private schools, public parks and playgrounds. (4) Fire department station houses. (5) Day care centers and preschool centers.; and (6) Unclassified uses as listed in PMC 25.200.020. [Ord. 4110 § 16, 2013; Ord. 3354 § 2, 1999; Code 1970 § 25.38.040.] 25.70.050 Development standards. (1) Minimum lot area: 4,000 square feet. (2) One single-family dwelling shall be permitted per lot. Multiple dwellings, duplexes, two family dwellings, triplexes, courtyard apartments, and zero-lot line dwellings shall be permitted based on the density standards in subsection (3) of this section. Page 69 of 152 Ordinance – Amending PMC – 25 “Zoning” - 32 (3) Density: All developments shall be compliant with the Comprehensive Plan Land Density Table in PMC 25.15.015. In addition, one dwelling unit per 4,000 square feet of lot area is required for single-family dwellings and 1,500 square feet of lot area is required for multiple-family dwellings, duplexes, two family dwellings, triplexes, courtyard apartments and dwellings part of zero-lot-line developmentsdwellings, except as provided in PMC 25.161. (4) Lot coverage: 60 percent; (a) Single-family attached: 60 percent. (b) Multiple dwellings, duplexes, two family dwellings, triplexes, courtyard apartments, and zero lot line dwellings: determined by parking and setback requirements. (5) Minimum Yard Setbacks. (a) Front: 20 feet. (b) Side: Five feet, except in zero-lot-line developments in which case no side yard setback is required from the common lot line(s), provided the remaining side yards are at least 10 feet eachprovided the remaining side yard is at least 10 feet. (c) Rear: Principal building: Equal to the height of the dwelling. Accessory structures: Accessory structures adjacent to an alley may be placed on the alley line provided there are no openings in the wall parallel adjacent to the alley. Garages with vehicle doors parallel adjacent to an alley shall be set back from the alley 20 feet. Where there is no alley, the setback shall be five feet. Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops, must be at least 10 feet from any property line, may not exceed six feet in height and 30 square feet in size, and must be located behind the rear line of the dwelling. Rabbit hutches and/or chicken coops adjacent to an alley may be placed within five feet of the alley line provided there are no openings in the wall parallel adjacent to the alley. Property owners shall not allow such structures to become a nuisance due to noise or odor. (6) Maximum Building Height. (a) Principal building: 45 feet, except a greater height may be approved by special permit. (b) Accessory buildings: 15 feet. (7) Fences and hedges: See Chapter 25.180 PMC. (8) Parking: See Chapter 25.185 PMC. Page 70 of 152 Ordinance – Amending PMC – 25 “Zoning” - 33 (9) Landscaping: See Chapter 25.180 PMC.; and (10) Residential design standards: See PMC 25.165.100. [Ord. 4456 § 2, 2019; Ord. 4445 § 4, 2019; Ord. 4110 § 16, 2013; Ord. 4040 § 9, 2012; Ord. 4036 § 19, 2011; Ord. 3731 § 18, 2005; Ord. 3354 § 2, 1999; Code 1970 § 25.38.050.] Section 12. That a new Chapter 25.161 entitled “Accessory Dwelling Units” of the Pasco Municipal Code shall be and hereby is created and shall be read as follows: Chapter 25.161 ACCESSORY DWELLING UNITS. Sections: 25.161.010 Purpose. 25.161.020 Permitted locations. 25.161.030 Application and permit procedures. 25.161.040 Development Standards. 25.161.010 Purpose. This chapter establishes the standards for the location and development of accessory dwelling units (ADUs). The purpose of ADUs is to create new housing units while respecting the aesthetics and character of existing residential neighborhood development. They can increase the housing stock of existing neighborhoods in a manner that is less intense than alternatives. ADUs allow more efficient use of existing housing stock and infrastructure and provide a mix of housing that responds to changing family needs and smaller households. 25.161.020 Permitted locations. ADUs are permitted in all residential zoning districts on all parcels containing legally conforming single-family homes, or where such homes are permitted. 25.161.030 Application and permit procedures. ADUs shall be permitted uses within the zoning districts specified in 25.161.020 and shall be processed ministerially or administratively without public hearing, except where such ADUs are requested in conjunction with a subdivision or short plat application. In such cases, the ADUs shall be processed in conjunction with the underlying plat or short plat application as otherwise required by Title 21 PMC. (1) Any property owner seeking to establish an ADU must submit an official application on a form provided by the City and obtain all necessary building permits occupancy certificates from the Department of Community & Economic Development. Page 71 of 152 Ordinance – Amending PMC – 25 “Zoning” - 34 (2) Applications for ADUs must demonstrate that the proposal complies with all development, design, and review standards of this Chapter, Title 25 PMC, and any other applicable law. 25.161.040 Development standards. All ADUs, both new construction and conversion, must conform with the following requirements: (1) Number of ADUs per parcel. A maximum of one attached or one detached ADU are permitted on residential parcels with legally permitted and conforming single-family dwellings, provided that all the requirements of the PMC and applicable development regulations are met. (2) Density. ADUs are exempt from the residential density standards of this code, due to their small size and low occupancy. (3) Occupancy and use. (a) Occupancy of ADUs shall be reserved for residential uses only. (b) Occupancy of ADUs shall be used for long-term residential purposes and may not be used for transient occupancy or short-term/vacation rental purposes. Persons residing in ADUs shall live in such residences for longer than 180 days each calendar year. (c) Use of ADUs for uses outside of the permitted uses of this code shall be reported and enforced by the Pasco Code Enforcement Hearings Board. (d) ADU permits shall not be permitted for any single-family residences or lots which are in violation of any applicable section of this code, including nonconforming structures or uses. The City retains discretion to require an inspection of the primary residence by a state licensed building inspector in conjunction with an ADU permit application if it has reason to believe code violations exist. (4) Parking. Off-street parking is not required. (5) Design. The design of the ADUs shall be complementary to the design of the principal dwelling or applicable Residential Design Standards of PMC 25.165.100 by use of the compatible exterior wall materials, window types, door and window trims, roofing materials and roof pitch. (a) Placement. (i) Attached ADUs shall present the overall appearance of the structure as an individual single-family residence. (ii) Detached ADUs shall be located to present a less dominant focus than the principal dwelling and shall be in a manner that clearly indicates it is an accessory structure to the principal dwelling. Page 72 of 152 Ordinance – Amending PMC – 25 “Zoning” - 35 (b) Unit size. The size of the ADUs shall not exceed 1,000 square feet or 55% of the total square footage of the primary residence or dwelling, whichever is less. (c) Unit height. The maximum height of the ADU shall be no taller than that of the principal dwelling or 25 feet, whichever is less. (d) Setbacks for new construction detached ADUs. (i) The side and rear yard setbacks of the underlying residential zoning district shall apply. (ii) The minimum distance between habitable structures (principal dwelling and accessory dwelling) shall be 10 feet. (iii) The minimum distance between a habitable structure and non-habitable structure (sheds, garages, etc.) shall be 6 feet. (e) Rear yard coverage. A detached ADU shall occupy no more than 60% of the rear yard as defined in PMC 25.175.020. (f) Location of entrances. (i) The location of entrances for detached ADU may be oriented towards the primary dwelling but shall not be oriented to face an existing, neighboring property. (ii) The main entrance for detached accessory dwelling units shall be located no closer than 15 feet from the side yard property line. (g) Exterior finish. Exterior finish materials must visually complement in type, size, and placement the exterior finish materials of the primary dwelling. (h) Roof pitch. The roof pitch of the accessory dwelling must be the same as the predominant roof pitch of the primary dwelling. (i) Windows. (i) If the street-facing façade of the ADU is visible from the street, its windows must match, in proportion and orientation, the windows of the primary dwelling. (ii) Second-story windows within 10 feet of the property line shall be constructed to reduce direct views into the neighboring property. Methods to do so include clerestory windows and semi-translucent glass and shall be included on the application and approved by the Department of Community and Economic Development. Page 73 of 152 Ordinance – Amending PMC – 25 “Zoning” - 36 (j) Access and walkways. (i) A separate walkway must be provided for all detached accessory dwelling units. (ii) Walkways must be a minimum of 3 feet wide and made of an approved material. (iii) Walkway materials must be distinct from any adjacent vehicle areas and may function as a shared drive/walk space along an exterior edge of a driving surface. (k) Addressing. Accessory dwelling units must have approved clear addressing visible from the street. If the accessory dwelling is not visible from the street, an approved address, directional notation shall be uniform in location, size, height and wording complying with the Fire, Building and Municipal Code and must differentiate the primary dwelling from the ADU and must be visible from the main access point to the property. (6) Additional building and utility standards. The following set of standards are applicable to all new and unpermitted constructed detached ADUs. Any regulation not listed shall default to the provisions of the applicable building requirements of the Pasco Municipal Code. (a) Construction requirements. ADUs must comply with the City of Pasco’s Building Code (PMC Title 16) and all other refenced standards. (b) Fire separation design. The location of all ADUs must comply with the required separated distances of the City of Pasco’s Building Code (PMC Title 16) and all referenced standards. (c) Fire sprinkler. A fire sprinkler system shall be required for any ADU that exceeds the maximum allowed distance to a fire hydrant. (d) Additional standards for attached ADUs. (i) Attached ADUs shall be constructed with a fire separation in accordance with the City of Pasco’s Building Code (PMC Title 16) and all referenced standards. (ii) Applicants may consider the following alternatives from the above if documentation meets all three (3) criteria below per Washington State Amendments to the IRC: a. The ADU is constructed within an existing dwelling unit. This requires the unit to have an approved doorway between each area or stairway allowing interior access from the primary dwelling to the accessory Page 74 of 152 Ordinance – Amending PMC – 25 “Zoning” - 37 dwelling to have a connection with enclosed spaces and provide the appearance as one common dwelling. b. Either the accessory dwelling unit or primary dwelling unit is owner-occupied. This will require recording on title of an owner occupancy agreement to assure proper use now and with potential future ownership. c. All required smoke alarms in the accessory dwelling unit and the primary dwelling unit are interconnected in such a manner that the actuation of one alarm will activate all alarms in both the primary dwelling unit and the accessory dwelling unit. (iii) If an existing ADU is modified to not be owner occupied, then permits are required to modify and/or verify construction meets the standards referenced above. (e) Utilities. (i) Utility lines and impervious surfaces must be identified on required site planning documents. (ii) Site development considers all accessory dwellings to be accessory structures and right-of-way improvements are only necessary to address impacts created by the development. Requirements may include restoration for new or upgraded utilities, including modifications to driveway or curb access. Future conversion or change of uses will require frontage improvements as applicable through PMC 12.36.050. (iii) Sanitary sewer and surface water services shall be built and permitted as required in the City of Pasco Standards and Specifications. (f) Legalization of nonconforming accessory dwellings. (i) ADUs existing prior to the enactment of these requirements, which were not lawfully established at the time of construction, may be found to be legal if the property owner applies for an ADU building permit and brings the unit up to the minimum building requirements of Title 16 and this Chapter. Owners of such ADUs shall be subject to the enforcement provisions as administered through the Pasco Code Enforcement Hearings Board. It shall be prima facie evidence of a violation of this Chapter if the City establishes, by a preponderance of the evidence, that the existing ADU is unpermitted. This may be rebutted by evidence establishing that a permit was not required at the time of construction. Page 75 of 152 Ordinance – Amending PMC – 25 “Zoning” - 38 (ii) ADUs lawfully established prior to the enactment of these requirements shall be considered a lawful nonconforming structure subject to PMC 25.170. (g) Subdivision of property. (i) A detached ADU may remain on a lot or parcel where no main building exists when in event the main structure on a lot is damaged or for other reason, is required to be removed. (ii) If a property with an existing single-family dwelling and an ADU is subdivided with a result that the ADU is on a separate property, then the ADU must either be converted to a single-family dwelling which complies with all requirements for single family dwellings, and which may include frontage improvements for the change of use, or permits for construction of a new single- family dwelling must be submitted on the site where the ADU exists. Section 13. That Section 25.165.040 entitled “Accessory dwelling units,” of the Pasco Municipal Code shall be repealed in its entirety. 25.165.040 Accessory dwelling units. One accessory dwelling is permitted per dwelling within all single-family districts under the following conditions: (1) An accessory apartment may be developed in an existing or new residence; (2) An accessory apartment must be under the same roof as the principal dwelling and cannot be detached in any manner from the principal dwelling; (3) An accessory apartment must have its own outside entrance, but not within the same facade as the main entrance of the dwelling; (4) An accessory dwelling shall have a kitchen and bathroom and shall not contain more than two bedrooms; (5) Shall not exceed 40 percent of the principal dwelling’s total floor area, and shall not exceed 800 square feet; (6) One additional off-street parking space shall be provided in conformity with PMC 25.185.030(4); (7) One dwelling must be owner-occupied for eight months of the year; Page 76 of 152 Ordinance – Amending PMC – 25 “Zoning” - 39 (8) The dwelling and the accessory dwelling must meet all applicable setbacks, lot coverage and building height requirements; (9) Must be connected to the utilities (except telephone and television) of the principal dwelling unit and cannot have separate services; (10) Must not require any modification that would alter the single-family character of the principal dwelling; (11) If the Post Office permits house-mounted mail boxes, only one shall be permitted on the principal dwelling; (12) An accessory dwelling permit is required prior to the issuance of a building permit for construction or alteration of an accessory dwelling; (13) Any accessory dwelling units lawfully existing prior to adoption of this title are considered legal nonconforming uses. All such units are required to obtain an accessory dwelling permit; and (14) The renting of rooms for lodging purposes is prohibited in single-family homes where there is an accessory dwelling unit. [Ord. 3354 § 2, 1999; Code 1970 § 25.70.040.] Section 14. That Chapter 25.215 entitled “Comprehensive Plan” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: Chapter 25.215 COMPREHENSIVE PLAN Sections: 25.215.010 Adopted. 25.215.015 Comprehensive Plan land use. 25.215.020 Comprehensive Plan amendment. 25.215.010 Adopted. The Pasco Comprehensive Plan is a statement of goals and policies that outline the community’s vision for the future. The Plan guides city decisions on how to address rapid population growth and housing, land-use, transportation, natural and built environment, economic opportunities and where to make capital investments aimed at improving our community’s quality of life. The Pasco Comprehensive Plan Density Table is hereby incorporated herein as adopted in PMC 25.215.015 as the gross density standard for the development and redevelopment of lands within the City of Pasco Urban Growth Area. The Comprehensive Plan of the City of Pasco, consisting of Volume I containing policies and goals and Volume II containing supporting data as adopted by City Ordinance No. 3104, is hereby incorporated herein and adopted as a guide for the development and redevelopment of Page 77 of 152 Ordinance – Amending PMC – 25 “Zoning” - 40 lands within the City of Pasco Urban Growth Area. [Ord. 3354 § 2, 1999; Code 1970 § 25.92.010.] 25.215.015 Comprehensive Plan Density Table. Maximum gross density of any proposed development within any zoning district, expressed as dwelling units per acre, shall be no less than the corresponding minimum density expressed in this section and no greater than the corresponding maximum density expressed in this section, except as provided in PMC 25.161. Classification Purpose and Description Zoning Open Space/ Parks Land where development will be severely restricted: park lands, trails and critical areas All Zoning Districts. (Development of parks and recreation facilities requires special permit review) Low Density Residential Single family residential development at a density of 2 to 5 dwelling units per acre R-S-20; R-S-12; R-S-1; R-1; R-1-A; R-1-A2 Medium Density Residential Single-family dwellings, patio homes, townhouses, apartments, and condominiums at a density of 6 to 20 dwelling units per acre. R-2 through R-4; RP High Density Residential Multiple unit apartments or condominiums at a density 21 units per acre or more R-4 Mixed Residential/ Commercial Allow a combination of mixed-use residential and commercial in the same development. Single-family dwellings, patio homes, townhouses, apartments, and condominiums at a density of 5 to 29 dwelling units per acre. Neighborhood shopping and specialty centers, business parks, service and office uses R-1 through R-4; C-1 and O; Waterfront Commercial Neighborhood, community and regional shopping and specialty centers, business parks, service and office uses O; BP; C-1; C-2; C-3; CR Industrial Manufacturing, food processing, storage and wholesale distribution of equipment and products, hazardous material storage, and transportation related facilities I-1; I-2; I-3 Public and Quasi-Public Schools, civic centers, fire stations and other public uses By Special Permit in all districts (except I-3 which has various restrictions) Airport Reserve Land occupied by the Tri-Cities Airport I-1 Page 78 of 152 Ordinance – Amending PMC – 25 “Zoning” - 41 Classification Purpose and Description Zoning DNR Reserve Transition lands owned and presently managed by DNR for natural resource production. Characteristics include, but are not limited to, proximity to urban-type development, road and utility infrastructure, and market demand. I-1 Medium-High Density Residential Broadmoor Only; single-family dwelling units, townhouses, condominiums, and multi-family; 8-15 dwelling units per acre MHDR Mixed Use Interchange Broadmoor Only; along I-182 corridor; commuter services, technology and resource business parks, office and retail uses MU-I Mixed Use Neighborhood Broadmoor only; townhouses, multi-family developments, neighborhood grocers/markets and drug stores, vertically integrated buildings, live-work spaces and other neighborhood scale offices and uses MU-N Mixed Use Regional Broadmoor only; general retail operations and shops, grocery stores, residential above commercial/office, high-density residential, dining, entertainment uses MU-R Office Broadmoor only; professional office and personal services, resource centers O-1 25.215.020 Comprehensive Plan amendment. (1) 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 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)). (3) 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. Page 79 of 152 Ordinance – Amending PMC – 25 “Zoning” - 42 (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, Housing or 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 upon outside the annual amendment review cycle. (4) 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) 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. (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 1st in each calendar year, the City shall notify the public that the amendment process has begun. If May 1st falls on a nonbusiness day for the City, the due date shall be the first business day after May 1st. Notice shall be distributed as follows: (i) Notice published in appropriate regional or neighborhood newspaper or trade journal; Page 80 of 152 Ordinance – Amending PMC – 25 “Zoning” - 43 (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 1st of the previous calendar year and before May 1st of the current calendar year shall be included in the annual review. Those received after May 1st 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 1st 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; (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 may 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). Page 81 of 152 Ordinance – Amending PMC – 25 “Zoning” - 44 (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; (ii) 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 open 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; (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, topography, streams, rivers, and lakes; Page 82 of 152 Ordinance – Amending PMC – 25 “Zoning” - 45 (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 projected 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; (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 (10)(a) or (10)(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 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. By a majority 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) Modify the 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. Page 83 of 152 Ordinance – Amending PMC – 25 “Zoning” - 46 (12) Transmittal to the State of Washington. At least 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 10 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) Emergency 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. (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. 4526 § 5, 2021; Ord. 3354 § 2, 1999; Code 1970 § 25.92.020.] Section 15. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. Page 84 of 152 Ordinance – Amending PMC – 25 “Zoning” - 47 PASSED by the City Council of the City of Pasco, Washington, this ___ day of ________, 2022. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Published: ______________________ Page 85 of 152 Increasing Residential Building Capacity (HB 1923) Missing Middle Housing A range of housing with multiple units compatible in scale and form with detached single-family homes. Accessory Dwelling Units Smaller, independent dwelling unit located on the same lot as a stand-alone home. Summary on House Bill 1923 “Increasing urban residential building capacity”Page 86 of 152 Increasing Residential Building Capacity (HB 1923) Recommendations Zoning District Duplex Triplex Courtyard Apartment Maximum Building Height Maximum Lot Coverage RS-20 Not Permitted Not Permitted Not Permitted 35’ (No Change)40% (No Change) RS-12 Permitted Permitted on corner lots within ¼ mile of public land use or facility Not Permitted 35’ (No Change)40% (No Change) RS-1 Permitted Permitted Permitted on corner lots within ¼ mile of public land use or facility 25’ to 35’40% R-1 Permitted Permitted Permitted 25’ to 35’40% R-2 Already Permitted Already Permitted Already Permitted 25’ to 35’SF: 40% (No Change) MF: Determined by parking & setbacks R-3 Already Permitted Already Permitted Already Permitted SF:40’ MF: 45’ SF: 60% (No Change) MF: Determined by parking & setbacks R-4 Already Permitted Already Permitted Already Permitted 45’SF: 60% (No Change) MF: Determined by parking & setbacksPage 87 of 152 Increasing Residential Building Capacity (HB 1923) Planning Commission Recommendations (07/15/2021) Regulation / Criteria Recommendations *Attached / Detached ADUs •Allow one of each (when design, development and lot standards are met) *Off-Street Parking Requirements •None *Owner-Occupancy Requirements •Remove Short-Term Rentals •Not Permitted Criteria that are part of the House Bill 1923 or 2343 Legislations are marked with an asterisk* Regulation / Criteria Recommendations Design Standards •Allow for a design that is complementary, not necessarily identical to the primary dwelling. *Maximum Unit Size •1,000 square feet or 55% of the total square footage of the primary residence or dwelling, whichever is smaller. Height •No taller than the primary dwelling or 25 feet, whichever is less. Page 88 of 152 Increasing Residential Building Capacity (HB 1923)Page 89 of 152 Increasing Residential Building Capacity (HB 1923)Page 90 of 152 Increasing Residential Building Capacity (HB 1923)Page 91 of 152 Increasing Residential Building Capacity (HB 1923) 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Now Proposed Allowed 10%78% Not Allowed 90%22% Allowed Not AllowedPage 92 of 152 Increasing Residential Building Capacity (HB 1923) HB 1923 Summary for Pasco •House Bill 1923 Amendments are optional, not mandated •Allows the City to reach its Comprehensive Plan densities •Permits greater flexibility for builders, developers and property owners •Increases housing options for residentsPage 93 of 152 Increasing Residential Building Capacity (HB 1923) Next Steps •Completion of House Bill 1923 •Housing Action & Implementation Plan •Stakeholder Engagement Strategy •Phased Approach to Development Regulation & Process Amendments •WA Department of Commerce Housing Action Plan Grant •Submitted Application –October 2021 ($100,000) •Pending Completion of HB 1923 effortsPage 94 of 152 Increasing Residential Building Capacity (HB 1923) Questions?Page 95 of 152 OFFICE OF THE MAYOR• (509) 545-3404 • FAX (509) 545-3403 P.O. Box 293 • 525 North 3 rd Ave.• Pasco, WA 99301 www.pasco-wa.gov October 7, 2019 I, Matt Watkins, Mayor of Pasco, Washington, authorize the city to propose the attached scope of work and budget request for E2SHB 1923 grant funding to increase residential building capacity. The following items are identified as actions the City of Pasco intends to take action on: •Authorize at least one duplex, triplex, or courtyard apartment on each parcel in one or more zoning districts that permit single-family residences. •Authorize cluster zoning or lot size averaging in all zoning districts that permit single- family residences. •Authorize accessory dwelling units (ADUs) on all parcels containing single-family homes. The intended actions represent an opportunity for the City of Pasco to meet Council goals for the revitalization of older neighborhoods, improve the efficiency of public and municipal resources and increase the opportunity for infill development. The expected population growth will be better accommodated by moving forward with innovative strategies identified by the intended actions in HB 1923. The ongoing Comprehensive Plan efforts have included updated goals and policies that align with the intent of HB 1923 while recently adopted code amendments have allowed for more flexibility in housing construction via reduced lot sizes and frontages, height increases and the utilization of shared (private) access ways in hard to develop lots. We agree to adopt the ordinances and/or plans that result from the grant, by April 1, 2021, acknowledging that, at minimum, the actions must meet the requirements of E2SHB 1923. Sincerely, Matt Watkins Mayor ATTACHMENT 1 Page 96 of 152 STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE  PO Box 42525  Olympia, Washington 98504-2525  (360) 725-4000 www.commerce.wa.gov November 5, 2019 The Honorable Matt Watkins Mayor of Pasco 525 N 3rd Avenue Pasco, Washington 99301 RE: E2SHB 1923 Grant – Increasing Residential Building Capacity Dear Mayor Watkins: I am pleased to inform you that the city of Pasco has been awarded $40,872.00 in grant funds for the 2019-21 Biennium to assist with increasing urban residential building capacity and streamlining regulations. The Washington State Legislature created this new grant program under Engrossed Second Substitute House Bill (E2SHB) 1923 (Chapter 348, Laws of 2019), which provides a number of eligible land use planning activities for cities to consider implementing to increase housing capacity. Your jurisdiction recently submitted a grant application, identifying actions it intends to develop and adopt, as well as its grant funding need to assist with this work. Your scope of work and budget must be consistent with the scope of work and budget included in your grant application. This grant will be administered by the Washington Department of Commerce, Growth Management Services unit. Before we disburse the funds, a contract with an agreed upon scope of work and budget will need to be executed between your organization and the Department of Commerce. Funds may be retroactively applied to project costs related to your grant scope of work, beginning July 28, 2019, the effective date of E2SHB 1923. William Simpson, Senior Planner is available to help you if you have any questions. Please call (509) 280-3602 or will.simpson@commerce.wa.gov for assistance with this contract going forward. Sincerely, Dave Andersen, AICP Managing Director Growth Management Services cc: Jacob Gonzalez, Senior Planner William Simpson ATTACHMENT 2 Page 97 of 152 STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE  PO Box 42525  Olympia, Washington 98504-2525  (360) 725-4000 www.commerce.wa.gov May 4, 2021 Pasco City Council c/o Jacob Gonzalez, Senior Planner 525 N. 3rd Avenue Pasco, Washington 99301 Sent Via Electronic Mail RE: Code Amendment for Duplex, Triplex and Courtyard Apartments Dear Pasco City Council: We applaud the City of Pasco’s choice to pursue the HB 1923 grant to expand the range of housing choices, and to encourage the development of market-rate and affordable housing in Pasco. We appreciate the chance to review and comment on proposed amendments to the Pasco Municipal Code as the City considers new development regulations. Expanding options for lot-size averaging, accessory dwelling units, and duplex/triplex/courtyard apartments represent an excellent strategy for strengthening your community. This will provide more affordable housing options to current and future residents, leverage the City’s existing infrastructure investments, expand your tax base, and support local demand for new housing in Pasco. Pasco is one of the fastest growing municipalities in the State. The median sale of housing has dramatically increased over the last decade, and a majority of renters are cost-burdened. As the cost of labor and materials increase, it is important for the City to proactively address price and supply issues through good land use policy. Encouraging and maintaining affordable housing options is critical to the continued economic growth in the Tri-Cities region. We commend your staff’s work to review the housing needs of the City before amending the Pasco Municipal Code. The City’s analysis demonstrates a clear need for more affordable and diverse housing options within Pasco. The proposed duplex, triplex, and courtyard apartment development code amendments, in concert with the other HB 1923 code amendments, will expand your housing supply and help the City meet the housing needs of all economic segments of your population. We strongly encourage you to adopt the proposed amendments, as local housing policies and regulations are one of the most direct means of addressing equity in your community. Adoption will demonstrate the City’s commitment equitable, forward-thinking planning as your community continues to grow and develop. ATTACHMENT 3 Page 98 of 152 Pasco City Council May 4, 2021 Page 2 Within the duplex, triplex, and courtyard code amendment, we particularly like and support:  The introduction of duplexes, triplexes, and courtyard apartments into a wider variety of zones within the City, including the allowance of the higher density housing options in areas that can better support such options. These additions will allow for a wider range of housing options within your residential zones, thereby supporting the housing goals of the Growth Management Act and market demand for unmet housing needs.  The increase in height to the R-2 zone and the elimination of the maximum lot coverage for single-family attached or multifamily dwelling units in the R-2, R-3 and R-4 zones. These changes will allow for more flexibility that will support the addition of duplexes, triplexes, and courtyard apartments while still conserving open space for the housing units with the setback requirements. Congratulations to you and your staff for your work on these amendments. After adoption of all of these code amendments, we encourage you to monitor progress and consider additional options to support housing as you implement your new comprehensive plan. If you have any questions about our comments or any other growth management issues, please contact me at (509) 280-3602. We extend our continued support to the City of Pasco in achieving the goals of growth management and strengthening your community. Sincerely, William Simpson, AICP Senior Planner Growth Management Services cc: Rick White, Community and Economic Development Director, City of Pasco David Andersen, AICP, Managing Director, Growth Management Services Steve Roberge, Deputy Managing Director, Growth Management Services Ben Serr, AICP, Eastern Region Manager, Growth Management Services Anne Fritzel, Senior Planner, Growth Management Services Laura Hodgson, Associate Housing Planner, Growth Management Services Page 99 of 152 From:Karl Dye To:Jacob Gonzalez Cc:Mike Gonzalez Subject:TRIDEC Support for HB 1923 Actions 1 and 3 Date:Wednesday, January 19, 2022 6:06:50 PM [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Hello Jacob: On behalf of TRIDEC’s membership and board of directors we would like to offer our support for the proposed actions one and three related to Engrossed Second Substitute House Bill 1923. As you know, TRIDEC invited the City of Pasco and representatives from the Port of Pasco, Franklin County, our local building/real estate organizations and the business community to meet last year to discuss ways to address the lack of housing related to local job creation in Pasco over the next two years. You gave a great presentation on the work that the City of Pasco has been doing with the Washington Department of Commerce’s Housing Team. Historically, when there are open jobs in the Tri-Cities we have seen in-migration from neighboring counties and states. In today’s real estate market this source of new employees for existing and new companies is restricted by pricing and availability of single and multi-family housing. The options and flexibility offered by your actions one and three are needed to begin adding to our housing stock and meet some of the recent demand. While adopting your recommended changes into Pasco’s code won’t address all of the housing issues we face locally, it will be the first step toward pro-actively addressing the demand for housing options and keep Pasco a great place to live and work. Please let us know how we can help with this critical work. Thank you, Karl Karl Dye President/CEO TRIDEC ATTACHMENT 4 Page 100 of 152 AGENDA REPORT FOR: City Council January 19, 2022 TO: Dave Zabell, City Manager City Council Special Meeting: 1/24/22 FROM: Steve Worley, Director Public Works SUBJECT: Resolution - Ecology Loan Agreement for Wastewater Treatment Plant (WWTP) Phase 1 I. REFERENCE(S): Resolution Loan Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. ______, authorizing execution of the fEcology of Department with Agreement Loan $22.26M the the or Wastewater Treatment Plant (WWTP) Phase 1 Construction. III. FISCAL IMPACT: The City was awarded a State Revolving Fund (SRF) loan by the Washington State Department of Ecology (Ecology) as part of their Water Quality Combined Funding program. The loan is a 20-year low-interest loan (1.2%) for the construction of the WWTP Improvements Phase 1. Funding Distribution Summary Recipient/Ecology Share Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total SRF Loan 0.00% $ 0.00 $ 21,511,498.00 $ 21,511,498.00 SRF Forgivable Principal 0.00% $ 0.00 $ 750,000.00 $ 750,000.00 Total $ 0.00 $ 22,261,498.00 $ 22,261,498.00 Page 101 of 152 IV. HISTORY AND FACTS BRIEF: The City of Pasco designed Phase 1 improvements to the WWTP in accordance with the Department of Ecology design manual (“Orange Book”). Design documents for the project received approval from Ecology on December 15, 2020. The 5.4 million gallon per day WWTP is located on 27.5 acres in the southeast region of the City and provides physical and biological treatment of the collected incoming wastewater prior to discharge of disinfected water to the Columbia River. took pthe of construction Original facility was and 1954 in lace subsequently upgraded in the 1970s, 1990s, 2000s and 2010s. The improvements at WWTP will replace aging and obsolete infrastructure and provide capacity upgrades to the facility to meet current and future demands. Improvements and modifications currently designed for the WWTP include construction of new primary effluent structures and piping, two new aeration basins, alterations to two existing aeration basins, a blower building expansion, addition of two new blowers, modifications to two existing blowers, RAS pump station flowmeter facility, effluent improvements, a distribution new approximately 1,150 feet of new 42- inch diameter outfall piping, new primary power switchgear, associated electrical and control systems, associated s ite work and yard piping, and other appurtenances as necessary to complete the project. the WWTP improvements – Phase 1 improvements also includes the demolition of the existing trickling filter and selected items. City staff applied for a low interest loan for Construction from the Department of Ecology, through the Water Quality Combined funding program in the fall of 2020. A fund award was announced for this project in 2021. City and Ecology staff worked collaboratively in the refinement of the eligible tasks and associated costs. Additionally, documentation regarding energy efficiency improvements in this principal forgivable the support to to provided was project Ecology component of the award (grant). Construction began in summer of 2021 and is expected to be completed in the summer of 2023. The funding agreement is prepared with the intent of covering all construction (and construction related) costs for this project, retroactive to January 2021. Page 102 of 152 V. DISCUSSION: Staff recommends approval of the Department of Ecology Loan Agreement for the WWTP Phase 1 Construction. Page 103 of 152 Resolution – DOE Loan for WWTP Phase 1 Construction -1 RESOLUTION NO. _______ A RESOLUTION AUTHORIZING EXECUTION OF THE $21.5.M LOAN AGREEMENT WITH THE DEPARTMENT OF ECOLOGY FOR THE WASTEWATER TREATMENT PLANT (WWTP) PHASE 1 CONSTRUCTION. WHEREAS, Pasco’s WWTP is a 67-year-old facility that provides physical and biological treatment of the collected incoming wastewater prior to discharge of disinfected water to the Columbia River; and WHEREAS, the WWTP improvements and modifications include construction of new primary effluent structures and piping, two new aeration basins, alterations to two existing aeration basins, a blower building expansion, addition of two new blowers, demolition of the existing trickling filter & selected items and other appurtenances as necessary to complete the project; and WHEREAS, to help fund these improvements the City applied for and received a loan award from the Washington Department of Ecology through the State Revolving Fund Program; and WHEREAS, the award is composed of $21,511,498 in State Revolving Fund at 1.2% interest rate and $750,000 State Revolving Fund Forgivable Principal; and WHEREAS, these funds will be used to construct facility improvements and modification upgrades for the purpose of replacing aging infrastructure and increasing capacity to treat wastewater at the WWTP and to meet current and projected demands; and WHEREAS, the City is required to enter an agreement with Ecology for access to loan funds awarded to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council of the City of Pasco hereby authorizes the City Manager for the City of Pasco to execute the Loan Agreement with The Department of Ecology, a copy of which is attached hereto and incorporated herein by this reference as Exhibit A; and to make minor substantive changes as necessary to execute the Agreement; and Be It Further Resolved that this Resolution shall be in full force and effect upon adoption. Page 104 of 152 Resolution – DOE Loan for WWTP Phase 1 Construction -2 PASSED BY the City Council of the City of Pasco, Washington this ___ day of January, 2022. ________________________________ Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 105 of 152 Clean Water Preservation - Phase 1 Agreement No. WQC-2022-Pasco-00044 WATER QUALITY COMBINED FINANCIAL ASSISTANCE AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF PASCO This is a binding Agreement entered into by and between the state of Washington , Department of Ecology, hereinafter referred to as “ECOLOGY,” and City of Pasco, hereinafter referred to as the “RECIPIENT,” to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of this Agreement is: The Expiration Date of this Agreement is no later than: Project Type: Project Short Description: This project improves water quality in the Columbia River through the construction of the RECIPIENT's Wastewater Treatment Facility by replacing components of the plant that have exceeded their useful life and expanding the plant to meet the projected demand of the forecasted population growth for the RECIPENT. Project Long Description: This project improves water quality in the Columbia River through the construction of the RECIPIENT's Wastewater Treatment Facility by replacing components of the plant that have exceeded their useful life and expanding the plant to meet the projected demand of the forecasted population growth for the RECIPIENT. This project will refurbish existing infrastructure and enhance the treatment capabilities of the RECIPIENTS’s WWTP . This funded project (Phase I Improvements) specifically upgrades the aeration system, selector, headworks and the $22,261,498.00 $22,261,498.00 $22,261,498.00 $0.00 01/15/2021 06/30/2024 Wastewater Facility Page 106 of 152 WQC-2022-Pasco-00044 Clean Water Preservation - Phase 1 City of Pasco Page 2 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: in-land portion of the outfall. Improvements to the aeration system, mixers, and mixed liquor return pumping system will result in 30% energy savings, qualifying as an EPA Green Project. This project is the first of nine phases identified in the RECIPIET’s Capital Improvement Program , detailed in the 2019 WWTP Facility Plan. Phase I Improvements will address several of the plant deficiencies noted in the facility plan for the secondary treatment units and solids handling systems. Additionally, the land-based outfall replacement work included in the Phase I Improvement project is critical in addressing the outfall hydraulics. Replacing the undersized outfall piping is necessary for the RECIPIENT to be able to accommodate the expected increase in flows based on the current rate of growth of the system. Overall Goal: To improve water quality in the Columbia River through the construction of the RECIPIENT 's Wastewater Treatment Facility by replacing components of the plant that have exceeded their useful life and expanding the plant to meet the projected demand of the forecasted population growth. Template Version 12/10/2020 Page 107 of 152 WQC-2022-Pasco-00044 Clean Water Preservation - Phase 1 City of Pasco Page 3 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: RECIPIENT INFORMATION Organization Name: Federal Tax ID: DUNS Number: Mailing Address: Physical Address: Contacts Organization Email: Organization Fax: City of Pasco 91-6001264 009974598 PO Box 293 Pasco, WA 99301 525 N Third Ave worleys@pasco-wa.gov (509) 543-5728 Billing Contact Authorized Signatory Project Manager Maria Laura Serra CIP Manager 525 N Third Ave Pasco, Washington 99301 Email: serram@pasco-wa.gov Phone: (509) 545-3444 Charlene Sandland Staff Accountant PO Box 293 525 N. 3rd Avenue Pasco, Washington 99301 Email: sandlandc@pasco-wa.gov Phone: (509) 545-3428 Maria Serra CIP Manager 525 N Third Ave Pasco, Washington 99301 Email: serram@pasco-wa.gov Phone: (509) 545-3444 Template Version 12/10/2020 Page 108 of 152 WQC-2022-Pasco-00044 Clean Water Preservation - Phase 1 City of Pasco Page 4 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: Contacts ECOLOGY INFORMATION Mailing Address: Physical Address: Department of Ecology Water Quality PO BOX 47600 Olympia, WA 98504-7600 Water Quality 300 Desmond Drive SE Lacey, WA 98503 Project Manager Financial Manager Kimberly Prisock Environmental Engineer 4601 N Monroe Street Spokane, Washington 99205-1295 Email: kipr461@ecy.wa.gov Phone: (509) 329-3450 Jeanna Ridner PO Box 47600 Olympia, Washington 98504-7600 Email: jmac461@ecy.wa.gov Phone: (360) 407-6533 Template Version 12/10/2020 Page 109 of 152 WQC-2022-Pasco-00044 Clean Water Preservation - Phase 1 City of Pasco Page 5 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: SCOPE OF WORK Task Number:1 Task Cost: $10,000.00 Task Title:Grant and Loan Administration Task Description: A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements . Responsibilities include, but are not limited to: Maintenance of project records; submittal of requests for reimbursement and corresponding backup documentation; progress reports; the EAGL (Ecology Administration of Grants and Loans ) recipient closeout report; and a two-page outcome summary report (including photos, if applicable). In the event that the RECIPIENT elects to use a contractor to complete project elements, the RECIPIENT shall retain responsibility for the oversight and management of this funding agreement. B. The RECIPIENT shall keep documentation that demonstrates the project is in compliance with applicable procurement , contracting, and interlocal agreement requirements; permitting requirements, including application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. This documentation shall be available upon request. C. The RECIPIENT shall maintain effective communication with ECOLOGY and maintain up -to-date staff contact information in the EAGL system. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement. Task Goal Statement: Properly managed and fully documented project that meets ECOLOGY’s grant or loan administrative requirements . Task Expected Outcome: * Timely and complete submittal of requests for reimbursement , quarterly progress reports, Recipient Closeout Report, and two-page outcome summary report. * Properly maintained project documentation. Recipient Task Coordinator: Kent McCue, Construction Manager Template Version 12/10/2020 Page 110 of 152 WQC-2022-Pasco-00044 Clean Water Preservation - Phase 1 City of Pasco Page 6 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: Deliverables Grant and Loan Administration Number Description Due Date 1.1 Progress Reports that include descriptions of work accomplished, project challenges or changes in the project schedule. Submitted at least quarterly. 1.2 Recipient Closeout Report (EAGL Form) 1.3 Two-page Outcome Summary Report Template Version 12/10/2020 Page 111 of 152 WQC-2022-Pasco-00044 Clean Water Preservation - Phase 1 City of Pasco Page 7 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: SCOPE OF WORK Task Number:2 Task Cost: $18,437,788.00 Task Title:Project Construction Task Description: A. The RECIPIENT will include ECOLOGY’s specification insert in the bid documents . The RECIPIENT will execute a contract with the low responsive responsible bidder to construct the project. The RECIPIENT will submit Bid Tabs, the Notice of Award, and a copy of the executed contract before ECOLOGY will provide reimbursement for work performed under this task. B. The RECIPIENT will complete the construction in accordance with the approved Plans and Specifications . The construction project will preserve the capacity of the RECIPIENT’s 5.4 MGD WWTP and includes: 1. Effluent flowmeter facility. 2. Replace approximately 1,150 lineal feet of 24” outfall piping with 42” HDPE piping. 3. Aeration basin influent channel. 4. Selector with mechanical mixers. 5. Mixed liquor recycle system. 6. Two aeration basins with internal baffles and fine bubble diffusers . 7. Return and waste activated sludge system expansion. 8. Air piping modifications and expansion. 9. New effluent splitter structure. 10. New high speed turbo blowers. 11. Blower building expansion. 12. New baffles and fine bubble diffusers in two existing aeration basins . 13. Electrical, instrumentation and controls upgrade. This project includes the following items that meet the EPA Green Project Reserve criteria : 1. Selector with mechanical mixers. 2. Mixed liquor recycle system. 3. Fine bubble diffusers. 4. Air piping modifications and expansion. 5. High speed turbo blowers. C. The RECIPIENT will conduct a pre-construction conference and invite ECOLOGY staff . D. As a condition of receiving this funding, the RECIPIENT will prepare an asset management program (fiscal sustainability plan). The RECIPIENT will certify that a program that contains at least the minimum required elements listed below has been developed and is being implemented: 1. An inventory of critical assets that belong to the utility. 2. An evaluation of the condition and performance of the critical assets. Template Version 12/10/2020 Page 112 of 152 WQC-2022-Pasco-00044 Clean Water Preservation - Phase 1 City of Pasco Page 8 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: 3. A plan to maintain, repair, and replace the critical assets and to fund those activities. 4. A process to evaluate and implement water and energy conservation efforts as part of the plan . Task Goal Statement: Complete construction of the Pasco Wastewater Treatment Facility. Task Expected Outcome: Complete construction of the Pasco Wastewater Treatment Facility. Deliverables Project Construction Number Description Due Date 2.1 Copy of the advertisement for bids and the affidavit of publication. 2.2 Bid Tabs, the Notice of Award, and a copy of the executed construction contract. 2.3 Copy of the notice to proceed. 2.4 Investment Grade Efficiency Audit documentation. 2.5 Minutes of the pre-construction meeting. 2.6 Certification that the asset management program (fiscal sustainability plan) has been developed and is being implemented. Template Version 12/10/2020 Page 113 of 152 WQC-2022-Pasco-00044 Clean Water Preservation - Phase 1 City of Pasco Page 9 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: SCOPE OF WORK Task Number:3 Task Cost: $2,810,000.00 Task Title:Construction Management Task Description: A. The RECIPIENT will provide adequate and competent construction management and inspection for the Project . This may involve procuring the professional services. If professional services are procured, the RECIPIENT will procure them in accordance with state law. The RECIPIENT will include ECOLOGY’s specification insert in the contract documents . The RECIPIENT must submit all contracts for construction management services before ECOLOGY will provide reimbursement for work performed under this task. B. The RECIPIENT will develop a detailed Construction Quality Assurance Plan (WAC 173-240-075) and submit it to ECOLOGY for approval. This plan will describe the activities which the RECIPIENT will undertake to achieve adequate and competent oversight of all construction work. C. The RECIPIENT will ensure construction progresses according to a timely schedule developed to meet completion dates indicated in the construction contract. The RECIPIENT will revise or update the schedule whenever major changes occur and resubmit to ECOLOGY. In the absence of any major changes, the RECIPIENT will describe progress of the construction in the quarterly progress reports. D. Upon completion of construction, the RECIPIENT will provide ECOLOGY’s Project Manager with a set of "as-built" plans (i.e., record construction drawings which reflect changes, modifications, or other significant revisions made to the project during construction). E. Upon project completion, the RECIPIENT will submit the Declaration of Construction Completion form to ECOLOGY in accordance with WAC 173-240-090. The form, when signed by a professional engineer, indicates that the project was completed in accordance with the plans, specifications, and major change orders approved by ECOLOGY, and is accurately shown on the as-built plans. Task Goal Statement: Provide adequate and competent construction management and inspection for the Project. Task Expected Outcome: Provide adequate and competent construction management and inspection for the Project. Template Version 12/10/2020 Page 114 of 152 WQC-2022-Pasco-00044 Clean Water Preservation - Phase 1 City of Pasco Page 10 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: Deliverables Construction Management Number Description Due Date 3.1 Executed contract for construction management services. 3.2 Documentation of the RECIPIENT’s process for procuring engineering services. 3.3 Construction Quality Assurance Plan. 3.4 “As-built” plans. 3.5 Declaration of Construction completion. Template Version 12/10/2020 Page 115 of 152 WQC-2022-Pasco-00044 Clean Water Preservation - Phase 1 City of Pasco Page 11 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: SCOPE OF WORK Task Number:4 Task Cost: $896,890.00 Task Title:Change Order Task Description: A. The RECIPIENT will negotiate all change orders to the construction contract necessary for successful completion of the project. B. The RECIPIENT will submit the change orders to ECOLOGY for approval. Change orders that are a significant deviation from the approved plans/specifications will be submitted for approval, prior to execution. All other change orders will be submitted within 30 days after execution. Task Goal Statement: Negotiate all change orders to the construction contract necessary for successful completion of the project. Task Expected Outcome: Negotiate all change orders to the construction contract necessary for successful completion of the project. Deliverables Change Order Number Description Due Date 4.1 A copy of all change orders. Template Version 12/10/2020 Page 116 of 152 WQC-2022-Pasco-00044 Clean Water Preservation - Phase 1 City of Pasco Page 12 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: SCOPE OF WORK Task Number:5 Task Cost: $106,820.00 Task Title:Programming and Controls Services Task Description: A. The RECIPIENT will procure services of a qualified electrical company to oversee the installation of instrumentation , and programming and testing of all control components of the project. Task Goal Statement: Installation of instrumentation, and programming and testing of all control components of the project. Task Expected Outcome: Installation of instrumentation, and programming and testing of all control components of the project. Deliverables Programming and Controls Services Number Description Due Date 5.1 Executed contract for programming and controls services. 5.2 Documentation of the RECIPIENT’s process for procuring programming and controls services. 5.3 Certification of completion for installation, programming, and testing of all controls and SCADA identified for the project . Template Version 12/10/2020 Page 117 of 152 WQC-2022-Pasco-00044 Clean Water Preservation - Phase 1 City of Pasco Page 13 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: Title: State CWSRF-SFY22 (State) Type: Funding Source %: Description: 100% The Clean Water Act (CWA) (33 U.S.C 1251-1387) established the State Revolving Fund (SRF) low interest loans program (40. C.F.R. Part 31, 35 Sub Part K). Washington State administers the program under Chapter 173-98 WAC. The portion of this project funded with this funding distribution comes from non-federal source and are not subject to Federal Funding Accountability and Transparency Act (FFATA) and Single Audit Act (SAA). However, this project is subject to the federal requirements outlined in Section 4 and 5 of agreement terms and conditions. Fund: 727 Approved Indirect Costs Rate: Recipient Match %: InKind Interlocal Allowed: InKind Other Allowed: Is this Funding Distribution used to match a federal grant? Approved State Indirect Rate: 30% 0% No No No BUDGET Funding Distribution EF220422 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Funding Title: Funding Source: Funding Expiration Date: Funding Type: Funding Effective Date: SRF Forgivable Principal 01/15/2021 06/30/2024 Forgivable Loan SRF Forgivable Principal Task Total Project Construction 750,000.00$ 750,000.00$Total: Template Version 12/10/2020 Page 118 of 152 WQC-2022-Pasco-00044 Clean Water Preservation - Phase 1 City of Pasco Page 14 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: Title: State CWSRF-SFY22 (State) Type: Funding Source %: Description: 100% The Clean Water Act (CWA) (33 U.S.C 1251-1387) established the State Revolving Fund (SRF) low interest loans program (40. C.F.R. Part 31, 35 Sub Part K). Washington State administers the program under Chapter 173-98 WAC. The portion of this project funded with this funding distribution comes from non-federal source and are not subject to Federal Funding Accountability and Transparency Act (FFATA) and Single Audit Act (SAA). However, this project is subject to the federal requirements outlined in Section 4 and 5 of agreement terms and conditions. Fund: 727 Approved Indirect Costs Rate: Recipient Match %: InKind Interlocal Allowed: InKind Other Allowed: Is this Funding Distribution used to match a federal grant? Approved State Indirect Rate: 30% 0% No No No Effective Interest Rate: 1.2% Interest Rate: 0.9% Admin Charge: 0.3% Terms:20 years Project Start Date: 01/15/2021 Project Completion Date: 06/30/2024 Estimated Initiation of Operation date: Loan Security: Final Accrued Interest: Final Loan Amount: Repayment Schedule Number: 12/31/2023 Revenue Secure Lien Obligation of the Recipient $ $ 438 BUDGET Funding Distribution EL220421 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Funding Title: Funding Source: Funding Expiration Date: Funding Type: Funding Effective Date: SRF Loan 01/15/2021 06/30/2024 Loan Template Version 12/10/2020 Page 119 of 152 WQC-2022-Pasco-00044 Clean Water Preservation - Phase 1 City of Pasco Page 15 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: SRF Loan Task Total Grant and Loan Administration 10,000.00$ Project Construction 17,687,788.00$ Construction Management 2,810,000.00$ Change Order 896,890.00$ Programming and Controls Services 106,820.00$ 21,511,498.00$Total: Template Version 12/10/2020 Page 120 of 152 WQC-2022-Pasco-00044 Clean Water Preservation - Phase 1 City of Pasco Page 16 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: Funding Distribution Summary Recipient / Ecology Share Recipient Share Ecology Share TotalRecipient Match %Funding Distribution Name $$$%21,511,498.00 21,511,498.000.000.00SRF Loan $$$%750,000.00 750,000.000.000.00SRF Forgivable Principal Total $$0.00 22,261,498.00 $22,261,498.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS SECTION 1: DEFINITIONS Unless otherwise provided, the following terms will have the respective meanings for all purposes of this agreement: “Administration Charge” means a charge established in accordance with Chapter 90.50A RCW and Chapter 173-98 WAC, to be used to pay Ecology’s cost to administer the State Revolving Fund by placing a percentage of the interest earned in an Administrative Charge Account . “Administrative Requirements” means the effective edition of ECOLOGY 's Administrative Requirements for Recipients of Ecology Grants and Loans at the signing of this agreement. “Annual Debt Service” for any calendar year means for any applicable bonds or loans including the loan, all interest plus all principal due on such bonds or loans in such year. “Average Annual Debt Service” means , at the time of calculation, the sum of the Annual Debt Service for the remaining years of the loan to the last scheduled maturity of the loan divided by the number of those years. “Acquisition” means the purchase or receipt of a donation of fee or less than fee interests in real property. These interests include, but are not limited to, conservation easements, access/trail easements, covenants, water rights, leases, and mineral rights. “Centennial Clean Water Program” means the state program funded from various state sources . “Contract Documents” means the contract between the RECIPIENT and the construction contractor for construction of the project. “Cost Effective Analysis” means a comparison of the relative cost -efficiencies of two or more potential ways of solving a water quality problem as described in Chapter 173-98-730 WAC. “Defease” or “Defeasance” means the setting aside in escrow or other special fund or account of sufficient investments and money dedicated to pay all principal of and interest on all or a portion of an obligation as it comes due. “Effective Date” means the earliest date on which eligible costs may be incurred . “Effective Interest Rate” means the total interest rate established by Ecology that includes the Administrative Charge . “Estimated Loan Amount” means the initial amount of funds loaned to the RECIPIENT . “Estimated Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the Estimated Loan Amount. “Equivalency” means projects designated by ECOLOGY to meet additional federal requirements . “Expiration Date” means the latest date on which eligible costs may be incurred. Template Version 12/10/2020 Page 121 of 152 WQC-2022-Pasco-00044 Clean Water Preservation - Phase 1 City of Pasco Page 17 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: “Final Accrued Interest” means the interest accrued beginning with the first disbursement of funds to the RECIPIENT through such time as the loan is officially closed out and a final loan repayment schedule is issued . “Final Loan Amount” means all principal of and interest on the loan from the Project Start Date through the Project Completion Date. “Final Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the Final Loan Amount. “Forgivable Principal” means the portion of a loan that is not required to be paid back by the borrower . “General Obligation Debt” means an obligation of the RECIPIENT secured by annual ad valorem taxes levied by the RECIPIENT and by the full faith, credit, and resources of the RECIPIENT. “General Obligation Payable from Special Assessments Debt” means an obligation of the RECIPIENT secured by a valid general obligation of the Recipient payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT. “Gross Revenue” means all of the earnings and revenues received by the RECIPIENT from the maintenance and operation of the Utility and all earnings from the investment of money on deposit in the Loan Fund, except (i) Utility Local Improvement Districts (ULID) Assessments, (ii) government grants, (iii) RECIPIENT taxes, (iv) principal proceeds of bonds and other obligations, or (v) earnings or proceeds (A) from any investments in a trust, Defeasance, or escrow fund created to Defease or refund Utility obligations or (B) in an obligation redemption fund or account other than the Loan Fund until commingled with other earnings and revenues of the Utility or (C) held in a special account for the purpose of paying a rebate to the United States Government under the Internal Revenue Code. “Guidelines” means the ECOLOGY's Funding Guidelines that that correlate to the State Fiscal Year in which the project is funded. “Initiation of Operation Date” means the actual date the Water Pollution Control Facility financed with proceeds of the loan begins to operate for its intended purpose. “Loan” means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund (Centennial) Loan made pursuant to this loan agreement. “Loan Amount” means either an Estimated Loan Amount or a Final Loan Amount , as applicable. “Loan Fund” means the special fund created by the RECIPIENT for the repayment of the principal of and interest on the loan . “Loan Security” means the mechanism by which the RECIPIENT pledges to repay the loan . “Loan Term” means the repayment period of the loan . “Maintenance and Operation Expense” means all reasonable expenses incurred by the RECIPIENT in causing the Utility to be operated and maintained in good repair, working order, and condition including payments to other parties, but will not include any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes . “Net Revenue” means the Gross Revenue less the Maintenance and Operation Expense. “Original Engineer’s Estimate” means the engineer’s estimate of construction costs included with bid documents . “Principal and Interest Account” means , for a loan that constitutes Revenue-Secured Debt, the account created in the loan fund to be first used to repay the principal of and interest on the loan. “Project” means the project described in this agreement. “Project Completion Date” means the date specified in the agreement on which the Scope of Work will be fully completed . This term is only used in loan agreements. “Project Schedule” means that schedule for the project specified in the agreement. “Revenue-Secured Debt” means an obligation of the RECIPIENT secured by a pledge of the revenue of a utility and one not a general obligation of the RECIPIENT. “Reserve Account” means , for a loan that constitutes a Revenue Secured Debt and if specifically identified as a term and condition of the funding agreement, the account of that name created in the loan fund to secure the payment of the principal of Template Version 12/10/2020 Page 122 of 152 WQC-2022-Pasco-00044 Clean Water Preservation - Phase 1 City of Pasco Page 18 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: and interest on the loan. “Risk-Based Determination” means an approach to sub-recipient monitoring and oversight based on risk factors associated to a RECIPIENT or project. “Scope of Work” means the tasks and activities constituting the project . “Section 319” means the section of the Clean Water Act that provides funding to address nonpoint sources of water pollution . “Senior Lien Obligations” means all revenue bonds and other obligations of the RECIPIENT outstanding on the date of execution of this loan agreement (or subsequently issued on a parity therewith, including refunding obligations) or issued after the date of execution of this loan agreement having a claim or lien on the Gross Revenue of the Utility prior and superior to the claim or lien of the loan, subject only to Maintenance and Operation Expense. “State Water Pollution Control Revolving Fund (Revolving Fund)” means the water pollution control revolving fund established by Chapter 90.50A.020 RCW. “Termination Date” means the effective date of ECOLOGY’s termination of the agreement . “Termination Payment Date” means the date on which the RECIPIENT is required to repay to ECOLOGY any outstanding balance of the loan and all accrued interest. “Total Eligible Project Cost” means the sum of all costs associated with a water quality project that have been determined to be eligible for ECOLOGY grant or loan funding, including any required recipient match. “Total Project Cost” means the sum of all costs associated with a water quality project , including costs that are not eligible for ECOLOGY grant or loan funding. “ULID” means any utility local improvement district of the RECIPIENT created for the acquisition or construction of additions to and extensions and betterments of the Utility. “ULID Assessments” means all assessments levied and collected in any ULID . Such assessments are pledged to be paid into the Loan Fund (less any prepaid assessments permitted by law to be paid into a construction fund or account). ULID Assessments will include principal installments and any interest or penalties which may be due. “Utility” means the sewer system, stormwater system, or the combined water and sewer system of the RECIPIENT, the Net Revenue of which is pledged to pay and secure the loan. SECTION 2: THE FOLLOWING CONDITIONS APPLY TO ALL RECIPIENTS OF WATER QUALITY COMBINED FINANCIAL ASSISTANCE FUNDING. The Water Quality Financial Assistance Funding Guidelines are included in this agreement by reference and are available on ECOLOGY’s Water Quality Program website. A. Architectural and Engineering Services: The RECIPIENT certifies by signing this agreement that the requirements of Chapter 39.80 RCW, “Contracts for Architectural and Engineering Services ,” have been, or shall be, met in procuring qualified architectural/engineering services. The RECIPIENT shall identify and separate eligible and ineligible costs in the final architectural/engineering services contract and submit a copy of the contract to ECOLOGY. B. Acquisition: The following provisions shall be in force only if the project described in this agreement is an acquisition project: a. Evidence of Land Value and Title. The RECIPIENT shall submit documentation of the cost of the property rights and the type of ownership interest that has been acquired. b. Legal Description of Real Property Rights Acquired . The legal description of the real property rights purchased with funding assistance provided through this agreement (and protected by a recorded conveyance of rights to the State of Washington ) shall be incorporated into the agreement before final payment. c. Conveyance of Rights to the State of Washington. Upon purchase of real property rights (both fee simple and lesser interests), the RECIPIENT shall execute the document necessary to convey certain rights and responsibilities to ECOLOGY , on behalf of the State of Washington . The documents required will depend on the project type, the real property rights being acquired, and whether or not those rights are being acquired in perpetuity (see options below). The RECIPIENT shall use language provided by ECOLOGY, to record the executed document in the County where the real property lies, and to provide Template Version 12/10/2020 Page 123 of 152 WQC-2022-Pasco-00044 Clean Water Preservation - Phase 1 City of Pasco Page 19 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: a copy of the recorded document to ECOLOGY. Documentation Options: 1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve , protect, and/or use the property for public purposes consistent with the fund source. RECIPIENTs shall use this document when acquiring real property rights that include the underlying land. This document may also be applicable for those easements where the RECIPIENT has acquired a perpetual easement for public purposes . The RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing the deed of right. 2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to ECOLOGY. The RECIPIENT shall use this document when an easement or lease is being acquired for water quality and habitat conservation. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by reference in the easement document. 3. Easements and Leases. The RECIPIENT may incorporate required language from the Deed of Right or Assignment of Rights directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language will depend on the situation; therefore, the RECIPIENT must obtain ECOLOGY approval on the draft language prior to executing the easement or lease. d. Real Property Acquisition and Relocation Assistance . 1. Federal Acquisition Policies. See Section 4 of this agreement for requirements specific to Section 319 and SRF funded projects. 2. State Acquisition Policies. When state funds are part of this agreement, the RECIPIENT agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington , Chapter 8.26 RCW, and Chapter 468-100 WAC. 3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1) above and/or state law set out in subsection (2) above, are involved in the execution of this project, the RECIPIENT agrees to provide any housing and relocation assistance required. e. Hazardous Substances. 1. Certification. The RECIPIENT shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances, as defined in RCW 70.105D.020(10), and certify: i. No hazardous substances were found on the site, or ii. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws, and the site is deemed “clean.” 2. Responsibility. Nothing in this provision alters the RECIPIENT's duties and liabilities regarding hazardous substances as set forth in RCW 70.105D. 3. Hold Harmless. The RECIPIENT will defend, protect and hold harmless ECOLOGY and any and all of its employees and /or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees) and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened release of, hazardous substances on the property the RECIPIENT is acquiring . f. Restriction On Conversion Of Real Property And/Or Facilities To Other Uses The RECIPIENT shall not at any time convert any real property (including any interest therein) or facility acquired, developed, maintained, renovated, and/or restored pursuant to this agreement to uses other than those purposes for which funds were approved without prior approval of ECOLOGY. For acquisition projects that are term limited, such as one involving a lease or a term-limited restoration, renovation or development project or easement, this restriction on conversion shall apply only for the length of the term, unless otherwise provided in written documents or required by applicable state or federal law. In such case, the restriction applies to such projects for the length of the term specified by the lease, easement, deed, or landowner agreement. Template Version 12/10/2020 Page 124 of 152 WQC-2022-Pasco-00044 Clean Water Preservation - Phase 1 City of Pasco Page 20 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: C. Best Management Practices (BMP) Implementation: If the RECIPIENT installs BMPs that are not approved by ECOLOGY prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that activity may be delayed or ineligible. For more details regarding BMP Implementation, please reference the Water Quality Financial Assistance Funding Guidelines available on ECOLOGY’s Water Quality Program funding website . D. Electronic Fund Transfers: Payment will be issued through Washington State’s Office of Financial Management’s Statewide Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process or electronic fund transfers, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov. E. Equipment Purchase: Equipment purchases over $5,000 and not included in the scope of work or the Ecology approved construction plans and specifications, must be pre-approved by ECOLOGY’s project manager before purchase . All equipment purchases over $5,000 and not included in a contract for work being completed on the funded project, must also be reported on the Equipment Purchase Report in EAGL. F. Funding Recognition: The RECIPIENT must inform the public about ECOLOGY or any EPA (see Section 3.B for Section 319 funded or Section 5.E for SRF funded projects) funding participation in this project through the use of project signs, acknowledgement in published materials, reports, the news media, websites, or other public announcements. Projects addressing site-specific locations must utilize appropriately sized and weather-resistant signs. Sign logos are available from ECOLOGY’s Financial Manager upon request . G. Growth Management Planning: The RECIPIENT certifies by signing this agreement that it is in compliance with the requirements of Chapter 36.70A RCW, “Growth Management Planning by Selected Counties and Cities.” If the status of compliance changes, either through RECIPIENT or legislative action, the RECIPIENT shall notify ECOLOGY in writing of this change within 30 days. H. Interlocal: The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements necessary for the project are, or shall be, consistent with the terms of this agreement and Chapter 39.34 RCW, “Interlocal Cooperation Act.” The RECIPIENT shall submit a copy of each interlocal agreement necessary for the project to ECOLOGY upon request . I. Lobbying and Litigation: Costs incurred for the purposes of lobbying or litigation are not eligible for funding under this agreement. J. Post Project Assessment Survey: The RECIPIENT agrees to participate in a brief survey regarding the key project results or water quality project outcomes and the status of long-term environmental results or goals from the project approximately three years after project completion. A representative from ECOLOGY’s Water Quality Program may contact the RECIPIENT to request this data. ECOLOGY may also conduct site interviews and inspections , and may otherwise evaluate the project, as part of this assessment. K. Project Status Evaluation: ECOLOGY may evaluate the status at any time. ECOLOGY’s Project Manager and Financial Manager will meet with the RECIPIENT to review spending trends , completion of outcome measures, and overall project administration and performance. If the RECIPIENT fails to make satisfactory progress toward achieving project outcomes , ECOLOGY may change the scope of work, reduce grant funds, or increase oversight measures. L. Technical Assistance: Technical assistance for agriculture activities provided under the terms of this agreement shall be consistent with the current U.S. Natural Resource Conservation Service (“NRCS”) Field Office Technical Guide for Washington State and specific requirements outlined in the Water Quality Funding Guidelines . Technical assistance, proposed practices, or project designs that do not meet these standards may be eligible if approved in writing by ECOLOGY. SECTION 3: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND CENTENNIAL CLEAN WATER FUNDED PROJECTS BEING USED TO MATCH SECTION 319 FUNDS. The RECIPIENT must submit the following documents to ECOLOGY before this agreement is signed by ECOLOGY : 1. Federal Funding Accountability and Transparency Act (FFATA) Form, available on the Water Quality Program website. Template Version 12/10/2020 Page 125 of 152 WQC-2022-Pasco-00044 Clean Water Preservation - Phase 1 City of Pasco Page 21 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: (This form is used for Section 319 funds only) 2. “Section 319 Initial Data Reporting” form in EAGL. A. Data Reporting: The RECIPIENT must complete the “Section 319 Initial Data Reporting” form in EAGL before this agreement can be signed by Ecology. This form is used to gather general information about the project for EPA . B. Funding Recognition and Outreach: In addition to Section 2.F. of these Special Terms and Conditions, the RECIPIENT shall provide signage that informs the public that the project is funded by EPA . The signage shall contain the EPA logo and follow usage requirements available at http://www2.epa.gov/stylebook/using-epa-seal-and-logo. To obtain the appropriate EPA logo or seal graphic file, the RECIPIENT may send a request to their Ecology Financial Manager . To increase public awareness of projects serving communities where English is not the predominant language , RECIPIENTS are encouraged to provide their outreach strategies communication in non-English languages. Translation costs for this purpose are allowable, provided the costs are reasonable. (Applies to both the Section 319 funded projects and the Centennial match projects) The RECIPIENT shall use the following paragraph in all reports, documents, and signage developed under this agreement: (Applies to Section 319 funded projects only) “This project has been funded wholly or in part by the United States Environmental Protection Agency under an assistance agreement to the Washington State Department of Ecology . The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency , nor does the mention of trade names or commercial products constitute endorsement or recommendation for use.” C. Load Reduction Reporting: The RECIPIENT shall complete the “Section 319 Annual Load Reduction Reporting” form in EAGL by January 15 of each year and at project close-out. ECOLOGY may hold reimbursements until the RECIPIENT has completed the form. This form is used to gather information on best management practices (BMPs) installed and associated pollutant load reductions that were funded as a part of this project. D. Time Extension: The RECIPIENT may request a one-time extension for up to 12 months. However, the time extension cannot exceed the time limitation established in EPA’s assistance agreement . In the event a time extension is requested and approved by ECOLOGY, the RECIPIENT must complete all eligible work performed under this agreement by the expiration date. (For Section 319 funded projects only) SECTION 4: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY. A. Accounting Standards: The RECIPIENT shall maintain accurate records and accounts for the project (PROJECT Records) in accordance with Generally Accepted Accounting Principles (GAAP) as issued by the Governmental Accounting Standards Board (GASB), including standards related to the reporting of infrastructure assets or in accordance with the standards in Chapter 43.09.200 RCW “Local Government Accounting – Uniform System of Accounting .” B. Acquisitions: Section 319 and SRF Equivalency project RECIPIENTs shall comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)--Public Law 91-646, as amended by the Surface Transportation and Uniform Relocation Assistance Act , PL 100-17-1987, and applicable regulations and procedures of the federal agency implementing that Act . C. Audit Requirements: In accordance with 2 CFR 200.501(a), the RECIPIENT agrees to obtain a single audit from an independent auditor, if their organization expends $750,000 or more in total Federal funds in their fiscal year. The RECIPIENT must submit the form SF-SAC and a Single Audit Report Package within 9 months of the end of the fiscal year or 30 days after receiving the report from an independent auditor. The SF-SAC and a Single Audit Report Package MUST be submitted using the Federal Audit Clearinghouse’s Internet Data Entry System available at : https://facweb.census.gov/.. D. Archaeological Resources and Historic Properties (Section 106): The RECIPIENT shall comply with the additional requirements under section 106 of the National Historic Preservation Act (NHPA, 36 CFR 800). Template Version 12/10/2020 Page 126 of 152 WQC-2022-Pasco-00044 Clean Water Preservation - Phase 1 City of Pasco Page 22 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: E. Data Universal Numbering System (DUNS) and Central Contractor Registration (CCR) Requirements: RECIPIENTs shall have a DUNS number. Unless exempted from this requirement under 2 CFR 25.110, the RECIPIENT must ensure that their organization’s information in the System for Award Management (SAM), https://www.sam.gov, is kept current through project closeout. This requires that the RECIPIENT reviews and updates the information at least annually after the initial registration , and more frequently if information changes. F. Disadvantaged Business Enterprise (DBE): General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to comply with the requirements of the Environmental Protection Agency’s Program for Utilization of Small , Minority, and Women’s Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this agreement. Six Good Faith Efforts, 40 CFR, Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts whenever procuring construction, equipment, services, and supplies under this agreement. Records documenting compliance with the following six good faith efforts shall be retained: 1) Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government RECIPIENTs , this shall include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources. 2) Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar days before the bid or proposal closing date. 3) Consider, in the contracting process, whether firms competing for large contracts could subcontract with Disadvantaged Business Enterprises. For Indian Tribal, State, and Local Government RECIPIENTs, this shall include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by Disadvantaged Business Enterprises in the competitive process. 4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of these firms to handle individually. 5) Use services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6) If the prime contractor awards subcontracts, require the prime contractor to take the five good faith efforts steps in paragraphs 1 through 5 above. The RECIPIENT agrees to submit ECOLOGY’s Contractor Participation Report Form D with each payment request . Contract Administration Provisions, 40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. Non-discrimination Provision. The RECIPIENT shall not discriminate on the basis of race , color, national origin or sex in the performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements . Failure by the RECIPIENT to carry out these requirements is a material breach of this agreement which may result in the termination of this contract or other legally available remedies. This does not preclude the RECIPIENT from enacting broader nondiscrimination protections . The RECIPIENT shall comply with all federal and state nondiscrimination laws, including but not limited to, Title VI and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington’s Law Against Discrimination, and 42 U.S.C. 12101 et seq, the Americans with Disabilities Act (ADA). In the event of the RECIPIENT’s noncompliance or refusal to comply with any applicable nondiscrimination law , regulation, or policy, this agreement may be rescinded, canceled, or terminated in whole or in part and the RECIPIENT may be declared ineligible for further funding from ECOLOGY. The RECIPIENT shall, however, be given a reasonable time in which to cure this noncompliance. Template Version 12/10/2020 Page 127 of 152 WQC-2022-Pasco-00044 Clean Water Preservation - Phase 1 City of Pasco Page 23 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: The RECIPIENT shall include the following terms and conditions in contracts with all contractors , subcontractors, engineers, vendors, and any other entity for work or services pertaining to this agreement. “The Contractor will not discriminate on the basis of race, color, national origin or sex in the performance of this Contract. The Contractor will carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under Environmental Protection Agency financial agreements . Failure by the Contractor to carry out these requirements is a material breach of this Contract which may result in termination of this Contract or other legally available remedies.” Bidder List, 40 CFR, Section 33.501(b) and (c). The RECIPIENT agrees to create and maintain a bidders list . The bidders list shall include the following information for all firms that bid or quote on prime contracts, or bid or quote subcontracts, including both MBE/WBEs and non-MBE/WBEs. 1. Entity's name with point of contact 2. Entity's mailing address, telephone number, and e-mail address 3. The procurement on which the entity bid or quoted, and when 4. Entity's status as an MBE/WBE or non-MBE/WBE G. Electronic and information Technology (EIT) Accessibility: RECIPIENTs shall ensure that loan funds provided under this agreement for costs in the development or purchase of EIT systems or products provide individuals with disabilities reasonable accommodations and an equal and effective opportunity to benefit from or participate in a program , including those offered through electronic and information technology as per Section 504 of the Rehabilitation Act, codified in 40 CFR Part 7. Systems or products funded under this agreement must be designed to meet the diverse needs of users without barriers or diminished function or quality. Systems shall include usability features or functions that accommodate the needs of persons with disabilities, including those who use assistive technology. H. Hotel-Motel Fire Safety Act: The RECIPIENT shall ensure that all space for conferences , meetings, conventions or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (15 USC 2225a, PL 101-391, as amended). Recipients may search the Hotel-Motel National Master List at http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance, or to find other information about the Act. Pursuant to 15 USC 2225a. I. Trafficking In Persons: The RECIPIENT and RECIPIENT employees that are private entities shall not engage in forms of trafficking in persons during the period of time this agreement is effective . This includes, but is not limited to, the procurement of a commercial sex act or forced labor. The RECIPIENT shall notify ECOLOGY immediately of any information received from any source alleging a violation under this provision. SECTION 5: THE FOLLOWING CONDITIONS APPLY TO STATE REVOLVING FUND (SRF) LOAN FUNDED PROJECTS ONLY. The RECIPIENT must submit the following documents/forms to ECOLOGY before this agreement is signed by ECOLOGY : 1. Financial Capability Assessment Documentation 2. Opinion of RECIPIENT’s Legal Council 3. Authorizing Ordinance or Resolution 4. Federal Funding Accountability and Transparency Act (FFATA) Form (Required for SRF Equivalency projects only) 5. CWSRF Federal Reporting Information form available in EAGL 6. Fiscal Sustainability Plan (Asset Management) Certification Form in EAGL (Only required if the project includes construction of a wastewater or stormwater facility construction) 7. Cost and Effectiveness Analysis Certification Form in EAGL (Required for all projects receiving SRF Loan funding) 8. State Environmental Review Process (SERP) Documentation (Required for facility projects only) A. Alteration and Eligibility of Project: During the term of this agreement, the RECIPIENT (1) shall not materially alter the design or structural character of the project without the prior written approval of ECOLOGY and (2) shall take no action which would adversely affect the eligibility of the project as defined by applicable funding program rules and state statutes , or which Template Version 12/10/2020 Page 128 of 152 WQC-2022-Pasco-00044 Clean Water Preservation - Phase 1 City of Pasco Page 24 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: would cause a violation of any covenant, condition, or provision herein. B. American Iron and Steel (Buy American): This loan provision applies to projects for the construction, alteration, maintenance, or repair of a “treatment works” as defined in the Federal Water Pollution Control Act (33 USC 1381 et seq.) The RECIPIENT shall ensure that all iron and steel products used in the project are produced in the United States . Iron and Steel products means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. The RECIPIENT may request waiver from this requirement from the Administrator of the Environmental Protection Agency. The RECIPIENT must coordinate all waiver requests through ECOLOGY . This provision does not apply if the engineering plans and specifications for the project were approved by ECOLOGY prior to January 17, 2014. ECOLOGY reserves the right to request documentation of RECIPIENT’S compliance with this provision . C. Authority of RECIPIENT: This agreement is authorized by the Constitution and laws of the state of Washington , including the RECIPIENT’s authority, and by the RECIPIENT pursuant to the authorizing ordinance or resolution . The RECIPIENT shall submit a copy of the authorizing ordinance or resolution to the ECOLOGY Financial Manager before this agreement shall be signed by ECOLOGY. D. Equivalency Projects: (For designated equivalency projects only) 1. The RECIPIENT must procure architectural and engineering services in accordance with the federal requirements in Chapter 11 of Title 40, U.S.C. (see www.gpo.gov/fdsys/pkg/USCODE-2011-title40/pdf/USCODE-2011-title40-subtitleI-chap11.pdf). E. Fiscal Sustainability Plan Certification: The RECIPIENT shall submit a completed Fiscal Sustainability Plan Certification before this agreement is signed by ECOLOGY. The Fiscal Sustainability Plan Certification is available from the ECOLOGY Financial Manager or on the Water Quality Program website . F. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions, the RECIPIENT agrees to comply with the EPA SRF Signage Guidance in order to enhance public awareness of EPA assistance agreements nationwide. The signage guidance can be found at: https://ecology.wa.gov/About-us/How-we-operate/Grants-loans/Find-a-grant-or-loan/Water-Quality-grants-and-loans/Facility- project-resources. G. Insurance: The RECIPIENT shall at all times carry fire and extended insurance coverage , public liability, and property damage, and such other forms of insurance with responsible insurers and policies payable to the RECIPIENT on such of the buildings, equipment, works, plants, facilities, and properties of the Utility as are ordinarily carried by municipal or privately-owned utilities engaged in the operation of like systems, and against such claims for damages as are ordinarily carried by municipal or privately-owned utilities engaged in the operation of like systems, or it shall self-insure or participate in an insurance pool or pools with reserves adequate, in the reasonable judgment of the RECIPIENT, to protect it against loss. H. Litigation Authority: No litigation is now pending, or to the RECIPIENT’s knowledge, threatened, seeking to restrain, or enjoin: (i) the execution of this agreement; or (ii) the fixing or collection of the revenues, rates, and charges or the formation of the ULID and the levy and collection of ULID Assessments therein pledged to pay the principal of and interest on the loan (for revenue secured lien obligations); or (iii) the levy and collection of the taxes pledged to pay the principal of and interest on the loan (for general obligation-secured loans and general obligation payable from special-assessment-secured loans); or (iv) in any manner questioning the proceedings and authority under which the agreement, the loan, or the project are authorized. Neither the corporate existence, or boundaries of the RECIPIENT nor the title of its present officers to their respective offices is being contested . No authority or proceeding for the execution of this agreement has been repealed, revoked, or rescinded. I. Loan Interest Rate and Terms: This loan agreement shall remain in effect until the date of final repayment of the loan , unless terminated earlier according to the provisions herein. When the Project Completion Date has occurred, ECOLOGY and the RECIPIENT shall execute an amendment to this loan Template Version 12/10/2020 Page 129 of 152 WQC-2022-Pasco-00044 Clean Water Preservation - Phase 1 City of Pasco Page 25 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: agreement which details the final loan amount (Final Loan Amount), and ECOLOGY shall prepare a final loan repayment schedule. The Final Loan Amount shall be the combined total of actual disbursements made on the loan and all accrued interest to the computation date. The Estimated Loan Amount and the Final Loan Amount (in either case, as applicable, a “Loan Amount”) shall bear interest based on the interest rate identified in this agreement as the “Effective Interest Rate ,” per annum, calculated on the basis of a 365 day year. Interest on the Estimated Loan Amount shall accrue from and be compounded monthly based on the date that each payment is mailed to the RECIPIENT. The Final Loan Amount shall be repaid in equal installments , semiannually, over the term of this loan “Loan Term” as outlined in this agreement . J. Loan Repayment: Sources of Loan Repayment 1. Nature of RECIPIENT's Obligation. The obligation of the RECIPIENT to repay the loan from the sources identified below and to perform and observe all other agreements and obligations on its part, contained herein, shall be absolute and unconditional, and shall not be subject to diminution by setoff , counterclaim, or abatement of any kind. To secure the repayment of the loan from ECOLOGY, the RECIPIENT agrees to comply with all of the covenants , agreements, and attachments contained herein. 2. For General Obligation. This loan is a General Obligation Debt of the RECIPIENT. 3. For General Obligation Payable from Special Assessments . This loan is a General Obligation Debt of the RECIPIENT payable from special assessments to be imposed within the constitutional and statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries of the RECIPIENT . 4. For Revenue-Secured: Lien Position. This loan is a Revenue-Secured Debt of the RECIPIENT’s Utility. This loan shall constitute a lien and charge upon the Net Revenue junior and subordinate to the lien and charge upon such Net Revenue of any Senior Lien Obligations. In addition, if this loan is also secured by Utility Local Improvement Districts (ULID) Assessments, this loan shall constitute a lien upon ULID Assessments in the ULID prior and superior to any other charges whatsoever . 5. Other Sources of Repayment. The RECIPIENT may repay any portion of the loan from any funds legally available to it . 6. Defeasance of the Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT shall not be entitled to, and shall not affect, an economic Defeasance of the loan. The RECIPIENT shall not advance refund the loan. If the RECIPIENT defeases or advance refunds the loan , it shall be required to use the proceeds thereof immediately upon their receipt, together with other available RECIPIENT funds, to repay both of the following: (i) The Loan Amount with interest (ii) Any other obligations of the RECIPIENT to ECOLOGY under this agreement , unless in its sole discretion ECOLOGY finds that repayment from those additional sources would not be in the public interest. Failure to repay the Loan Amount plus interest within the time specified in ECOLOGY’s notice to make such repayment shall incur Late Charges and shall be treated as a Loan Default. 7. Refinancing or Early Repayment of the Project. So long as ECOLOGY shall hold this loan, the RECIPIENT shall give ECOLOGY thirty days written notice if the RECIPIENT intends to refinance or make early repayment of the loan . Method and Conditions on Repayments 1. Semiannual Payments. Notwithstanding any other provision of this agreement, the first semiannual payment of principal and interest on this loan shall be due and payable no later than one year after the project completion date or initiation of operation date, whichever comes first. Thereafter, equal payments shall be due every six months. If the due date for any semiannual payment falls on a Saturday, Sunday, or designated holiday for Washington State agencies , the payment shall be due on the next business day for Washington State agencies . Payments shall be mailed to: Department of Ecology Template Version 12/10/2020 Page 130 of 152 WQC-2022-Pasco-00044 Clean Water Preservation - Phase 1 City of Pasco Page 26 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: Cashiering Unit P.O. Box 47611 Olympia WA 98504-7611 In lieu of mailing payments, electronic fund transfers can be arranged by working with ECOLOGY’s Financial Manager . No change to the amount of the semiannual principal and interest payments shall be made without a mutually signed amendment to this agreement. The RECIPIENT shall continue to make semiannual payments based on this agreement until the amendment is effective, at which time the RECIPIENT’s payments shall be made pursuant to the amended agreement . 2. Late Charges. If any amount of the Final Loan Amount or any other amount owed to ECOLOGY pursuant to this agreement remains unpaid after it becomes due and payable, ECOLOGY may assess a late charge. The late charge shall be one percent per month on the past due amount starting on the date the debt becomes past due and until it is paid in full. 3. Repayment Limitations. Repayment of the loan is subject to the following additional limitations, among others: those on defeasance, refinancing and advance refunding, termination, and default and recovery of payments. 4. Prepayment of Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT may prepay the entire unpaid principal balance of and accrued interest on the loan or any portion of the remaining unpaid principal balance of the Loan Amount . Any prepayments on the loan shall be applied first to any accrued interest due and then to the outstanding principal balance of the Loan Amount. If the RECIPIENT elects to prepay the entire remaining unpaid balance and accrued interest , the RECIPIENT shall first contact ECOLOGY’s Revenue/Receivable Manager of the Fiscal Office . K. Loan Security Due Regard: For loans secured with a Revenue Obligation: The RECIPIENT shall exercise due regard for Maintenance and Operation Expense and the debt service requirements of the Senior Lien Obligations and any other outstanding obligations pledging the Gross Revenue of the Utility, and it has not obligated itself to set aside and pay into the loan Fund a greater amount of the Gross Revenue of the Utility than, in its judgment, shall be available over and above such Maintenance and Operation Expense and those debt service requirements. Where collecting adequate gross utility revenue requires connecting additional users, the RECIPIENT shall require the sewer system connections necessary to meet debt obligations and expected operation and maintenance expenses. Levy and Collection of Taxes (if used to secure the repayment of the loan): For so long as the loan is outstanding, the RECIPIENT irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory tax limitations provided by law without a vote of its electors on all of the taxable property within the boundaries of the RECIPIENT in an amount sufficient, together with other money legally available and to be used therefore, to pay when due the principal of and interest on the loan, and the full faith, credit and resources of the RECIPIENT are pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and interest. Not an Excess Indebtedness: For loans secured with a general obligation pledge or a general obligation pledge on special assessments: The RECIPIENT agrees that this agreement and the loan to be made do not create an indebtedness of the RECIPIENT in excess of any constitutional or statutory limitations . Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of this loan): For so long as the loan is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the Utility , including applicable ULID Assessments in the ULID, to pay when due the principal of and interest on the loan. Utility Local Improvement District (ULID) Assessment Collection (if used to secure the repayment of the loan): All ULID Assessments in the ULID shall be paid into the Loan Fund and used to pay the principal of and interest on the loan. L. Maintenance and Operation of a Funded Utility: The RECIPIENT shall, at all times, maintain and keep the funded Utility in good repair, working order, and condition. M. Opinion of RECIPIENT’s Legal Counsel: The RECIPIENT must submit an “Opinion of Legal Counsel to the RECIPIENT” to ECOLOGY before this agreement will be signed. ECOLOGY will provide the form. N. Prevailing Wage (Davis-Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the Davis-Bacon Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment works carried out, in Template Version 12/10/2020 Page 131 of 152 WQC-2022-Pasco-00044 Clean Water Preservation - Phase 1 City of Pasco Page 27 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: whole or in part, with assistance made available by the State Revolving Fund as authorized by Section 513, title VI of the Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed by contractors and subcontractors shall be paid wages not less often than once a week and at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor. The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation). These wage determinations shall be incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required EPA contract language regarding Davis-Bacon Wages is in all contracts and sub contracts in excess of $2,000. The RECIPIENT shall maintain records sufficient to document compliance with the Davis -Bacon Act, and make such records available for review upon request. The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable. Compliance may include the determination whether the project involves “public work” and inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT agrees to maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and make such records available for review upon request. O. Progress Reports: RECIPIENTS funded with State Revolving Fund Loan or Forgivable Principal shall include the following verification statement in the “General Comments” text box of each progress report. “We verify that we are in compliance with all the requirements as outlined in our funding agreement (s) with the Department of Ecology. This includes but is not limited to: - The Davis-Bacon Act, 29 CFR (If applicable) - Washington State Prevailing Wage Rate, Chapter 39.12 RCW (Pertaining to all recipients) - The Disadvantaged Business Enterprise (DBE), 40 CFR, Part 33” P. Representations and Warranties: The RECIPIENT represents and warrants to ECOLOGY as follows: Application: Material Information. All information and materials submitted by the RECIPIENT to ECOLOGY in connection with its loan application were, when made, and are, as of the date the RECIPIENT signs this agreement, true and correct. There is no material adverse information relating to the RECIPIENT, the project, the loan, or this agreement known to the RECIPIENT, which has not been disclosed in writing to ECOLOGY. Existence; Authority. It is a duly formed and legally existing municipal corporation or political subdivision of the state of Washington or a federally recognized Indian Tribe . It has full corporate power and authority to execute, deliver, and perform all of its obligations under this agreement and to undertake the project identified herein. Certification. Each payment request shall constitute a certification by the RECIPIENT to the effect that all representations and warranties made in this loan agreement remain true as of the date of the request and that no adverse developments, affecting the financial condition of the RECIPIENT or its ability to complete the project or to repay the principal of or interest on the loan , have occurred since the date of this loan agreement. Any changes in the RECIPIENT’s financial condition shall be disclosed in writing to ECOLOGY by the RECIPIENT in its request for payment. Q. Sale or Disposition of Funded Utility: The RECIPIENT shall not sell, transfer, or otherwise dispose of any of the works, plant, properties, facilities, or other part of the funded Utility or any real or personal property comprising a part of the funded Utility unless: 1. The facilities or property transferred are not material to the operation of the funded Utility, or have become unserviceable, inadequate, obsolete, or unfit to be used in the operation of the funded Utility or are no longer necessary, material, or useful to the operation of the funded Utility; or 2. The aggregate depreciated cost value of the facilities or property being transferred in any fiscal year comprises no more than three percent of the total assets of the funded Utility; or 3. The RECIPIENT receives from the transferee an amount equal to an amount which will be in the same proportion to the net amount of Senior Lien Obligations and this LOAN then outstanding (defined as the total amount outstanding less the amount of cash and investments in the bond and loan funds securing such debt) as the Gross Revenue of the funded Utility from the portion of the funded Utility sold or disposed of for the preceding year bears to the total Gross Revenue for that period. Template Version 12/10/2020 Page 132 of 152 WQC-2022-Pasco-00044 Clean Water Preservation - Phase 1 City of Pasco Page 28 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: 4. Expressed written agreement by the ECOLOGY-. The proceeds of any transfer under this paragraph must be used (1) to redeem promptly, or irrevocably set aside for the redemption of, Senior Lien Obligations and to redeem promptly the loan, and (2) to provide for part of the cost of additions to and betterments and extensions of the Utility. R. Sewer-Use Ordinance or Resolution for Funded Wastewater Facility Projects : If not already in existence, the RECIPIENT shall adopt and shall enforce a sewer-use ordinance or resolution. Such ordinance or resolution shall be submitted to ECOLOGY upon request. The sewer use ordinance must include provisions to: 1) Prohibit the introduction of toxic or hazardous wastes into the RECIPIENT’s sewer system . 2) Prohibit inflow of stormwater into separated sewer systems. 3) Require that new sewers and connections be properly designed and constructed. S. Termination and Default: Termination and Default Events 1. For Insufficient ECOLOGY or RECIPIENT Funds. ECOLOGY may terminate this loan agreement for insufficient ECOLOGY or RECIPIENT funds. 2. For Failure to Commence Work. ECOLOGY may terminate this loan agreement for failure of the RECIPIENT to commence project work. 3. Past Due Payments. The RECIPIENT shall be in default of its obligations under this loan agreement when any loan repayment becomes 60 days past due. 4. Other Cause. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance in full by the RECIPIENT of all of its obligations under this loan agreement . The RECIPIENT shall be in default of its obligations under this loan agreement if, in the opinion of ECOLOGY, the RECIPIENT has unjustifiably failed to perform any obligation required of it by this loan agreement. Procedures for Termination. If this loan agreement is terminated prior to project completion, ECOLOGY shall provide to the RECIPIENT a written notice of termination at least five working days prior to the effective date of termination (the “Termination Date”). The written notice of termination by the ECOLOGY shall specify the Termination Date and , when applicable, the date by which the RECIPIENT must repay any outstanding balance of the loan and all accrued interest (the “Termination Payment Date”). Termination and Default Remedies No Further Payments. On and after the Termination Date, or in the event of a default event, ECOLOGY may, at its sole discretion, withdraw the loan and make no further payments under this agreement. Repayment Demand. In response to an ECOLOGY initiated termination event , or in response to a loan default event, ECOLOGY may at its sole discretion demand that the RECIPIENT repay the outstanding balance of the Loan Amount and all accrued interest. Interest after Repayment Demand. From the time that ECOLOGY demands repayment of funds, amounts owed by the RECIPIENT to ECOLOGY shall accrue additional interest at the rate of one percent per month , or fraction thereof. Accelerate Repayments. In the event of a default, ECOLOGY may, in its sole discretion, declare the principal of and interest on the loan immediately due and payable, subject to the prior lien and charge of any outstanding Senior Lien Obligation upon the Net Revenue. That is, the loan is not subject to acceleration so long as any Senior Lien Obligations are outstanding. Repayments not made immediately upon such acceleration will incur Late Charges . Late Charges. All amounts due to ECOLOGY and not paid by the RECIPIENT by the Termination Payment Date or after acceleration following a default event, as applicable, shall incur late charges. Intercept State Funds. In the event of a default event and in accordance with Chapter 90.50A.060 RCW, “Defaults,” any state funds otherwise due to the RECIPIENT may, at ECOLOGY’s sole discretion, be withheld and applied to the repayment of the Template Version 12/10/2020 Page 133 of 152 WQC-2022-Pasco-00044 Clean Water Preservation - Phase 1 City of Pasco Page 29 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: loan. Property to ECOLOGY. In the event of a default event and at the option of ECOLOGY, any personal property (equipment) acquired under this agreement may, in ECOLOGY’s sole discretion, become ECOLOGY’s property. In that circumstance, ECOLOGY shall reduce the RECIPIENT’s liability to repay money by an amount reflecting the fair value of such property . Documents and Materials. If this agreement is terminated, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT shall , at the option of ECOLOGY, become ECOLOGY property. The RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Collection and Enforcement Actions. In the event of a default event, the state of Washington reserves the right to take any actions it deems necessary to collect the amounts due, or to become due, or to enforce the performance and observance of any obligation by the RECIPIENT, under this agreement. Fees and Expenses. In any action to enforce the provisions of this agreement, reasonable fees and expenses of attorneys and other reasonable expenses (including, without limitation, the reasonably allocated costs of legal staff ) shall be awarded to the prevailing party as that term is defined in Chapter 4.84.330 RCW. Damages. Notwithstanding ECOLOGY’s exercise of any or all of the termination or default remedies provided in this agreement, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and /or the state of Washington because of any breach of this agreement by the RECIPIENT . ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined . T. User-Charge System for Funded Utilities: The RECIPIENT certifies that it has the legal authority to establish and implement a user-charge system and shall adopt a system of user -charges to assure that each user of the funded utility shall pay its proportionate share of the cost of operation and maintenance, including replacement during the design life of the project. The user-charge system will include provisions for a connection charge . In addition, the RECIPIENT shall regularly evaluate the user-charge system, at least annually, to ensure the system provides adequate revenues necessary to operate and maintain the funded utility, to establish reserves to pay for replacement, and to repay the loan. GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award, the following terms and conditions apply to you. A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION: 1.The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2.The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3.The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations . 4.The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, Template Version 12/10/2020 Page 134 of 152 WQC-2022-Pasco-00044 Clean Water Preservation - Phase 1 City of Pasco Page 30 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: declared ineligible, or voluntarily excluded from participation in this covered transaction. 5.The RECIPIENT/CONTRACTOR further agrees by signing this agreement , that it will include this clause titled “CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6.Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7.RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. 8.RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file , that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in <http://www.sam.gov> and print a copy of completed searches to document proof of compliance. B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Form. ·Receives more than $25,000 in federal funds under this award. ·Receives more than 80 percent of its annual gross revenues from federal funds. ·Receives more than $25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form . Ecology is required to report the FFATA information for federally funded agreements , including the required DUNS number, at www.fsrs.gov <http://www.fsrs.gov/> within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspending.gov <http://www.usaspending.gov/>. For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>. C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE SERVICES OR EQUIPMENT: As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: 1.Procure or obtain; 2.Extend or renew a contract to procure or obtain; or 3.Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment, video surveillance services or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232 Template Version 12/10/2020 Page 135 of 152 WQC-2022-Pasco-00044 Clean Water Preservation - Phase 1 City of Pasco Page 31 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: <https://www.govinfo.gov/content/pkg/PLAW-115publ232/pdf/PLAW-115publ232.pdf> , section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment, systems, or services, including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in the System for Award Management (SAM) <https://sam.gov/SAM/> exclusion list. Template Version 12/10/2020 Page 136 of 152 WQC-2022-Pasco-00044 Clean Water Preservation - Phase 1 City of Pasco Page 32 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology GENERAL TERMS AND CONDITIONS For DEPARTMENT OF ECOLOGY GRANTS and LOANS 06/24/2021 Version 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL Edition ." (https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.html) b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement . c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement , including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement . ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of the Chief Information Officer , OCIO Policy no. 188, Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to “covered technology.” This requirement applies to all products supplied under the Agreement , providing equal access to information technology by individuals with disabilities, including and not limited to web sites/pages, web-based applications, software systems, video and audio content, and electronic documents intended for publishing on Ecology’s public web site . 4. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take all reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic archaeological sites, historic buildings/structures, traditional cultural places, sacred sites, or other cultural resources, hereby referred to as Cultural Resources. The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered , disturbed, or damaged due to the RECIPIENT’s project funded under this Agreement . RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project : • Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed prior to expenditure of Agreement funds as required by applicable State and Federal requirements . * For state funded construction, demolition, or land acquisitions, comply with Governor Executive Order 21-02, Archaeological and Cultural Resources. • For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (Section 106). Template Version 12/10/2020 Page 137 of 152 WQC-2022-Pasco-00044 Clean Water Preservation - Phase 1 City of Pasco Page 33 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing any project that involves field activities. ECOLOGY will provide the IDP form. RECIPIENT shall: • Keep the IDP at the project site. • Make the IDP readily available to anyone working at the project site . • Discuss the IDP with staff, volunteers, and contractors working at the project site. • Implement the IDP when Cultural Resources or human remains are found at the project site . c) If any Cultural Resources are found while conducting work under this Agreement , follow the protocol outlined in the project IDP. • Immediately stop work and notify the ECOLOGY Program, who will notify the Department of Archaeology and Historic Preservation at (360) 586-3065, any affected Tribe, and the local government. d) If any human remains are found while conducting work under this Agreement , follow the protocol outlined in the project IDP. • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner /Coroner’s Office, the Department of Archaeology and Historic Preservation at (360) 790-1633, and then the ECOLOGY Program. e) Comply with RCW 27.53, RCW 27.44, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting Cultural Resources and human remains. 5. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT . 6. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT 's designees, ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups. 7. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT . ECOLOGY must sign the Agreement before any payment requests can be submitted . b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement . c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure . d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY . e) ECOLOGY will not process payment requests without the proper reimbursement forms , Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests . f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State’s Office of Financial Management’s Statewide Payee Desk . To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W -9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov. h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement . i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein , or a portion thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement , as appropriate, or upon completion of an audit as specified herein. j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and Template Version 12/10/2020 Page 138 of 152 WQC-2022-Pasco-00044 Clean Water Preservation - Phase 1 City of Pasco Page 34 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: other reports required by this Agreement. Failure to comply may result in delayed reimbursement. 8. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to this Agreement, including but not limited to: a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety . b) RECIPIENT agrees to be bound by all applicable federal and state laws , regulations, and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements . d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington , it is considered modified to conform to that statute or rule of law. 9. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds thereof. 10. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement . RECIPIENT shall award all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures . RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement . ECOLOGY reserves the right to inspect and request copies of all procurement documentation , and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion . 11. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request . b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal . d) ECOLOGY reviews the RECIPIENT’s appeal. e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review. The decision of ECOLOGY from an appeal will be final and conclusive , unless within thirty (30) days from the date of such Template Version 12/10/2020 Page 139 of 152 WQC-2022-Pasco-00044 Clean Water Preservation - Phase 1 City of Pasco Page 35 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County . Review of the Director’s decision will not be taken to Environmental and Land Use Hearings Office . Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method , in addition to the dispute resolution procedure outlined above. 12. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall: • Use ECOLOGY’s QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA) officer or the Program QA coordinator instructs otherwise. • Follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies , July 2004 (Ecology Publication No. 04-03-030). • Submit the QAPP to ECOLOGY for review and approval before the start of the work . b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM , find instructions at: http://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at : https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. 13. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington , and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 14. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries , consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit , each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement . 15. INDEPENDENT STATUS The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other party. Template Version 12/10/2020 Page 140 of 152 WQC-2022-Pasco-00044 Clean Water Preservation - Phase 1 City of Pasco Page 36 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: 16. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award of a subcontract hereunder. 17. MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE) RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated under this Agreement . Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to take the following actions, when possible, in any procurement under this Agreement : a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women 's Business Enterprises (OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. 18. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g) General Terms and Conditions. 19. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the fulfillment of this Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline . c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item. Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s graphic requirements and any additional requirements specified in this Agreement . Before the use of ECOLOGY’s logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY . 20. PROGRESS REPORTING a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to Template Version 12/10/2020 Page 141 of 152 WQC-2022-Pasco-00044 Clean Water Preservation - Phase 1 City of Pasco Page 37 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request . Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports . c) RECIPIENT shall use ECOLOGY’s provided progress report format. d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the quarter being reported. e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY, all financial, performance, and other reports required by the Agreement and funding program guidelines . RECIPIENT shall use the ECOLOGY provided closeout report format. 21. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free , nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to use the same for federal, state, or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information ; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement , in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials . d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes , regulations, or policies to the contrary, or upon specific instructions with respect thereto in this Agreement . e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY . If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property . f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the Agreement expiration date , the RECIPIENT shall not at any time convert any equipment , property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such property. 22. RECORDS, AUDITS, AND INSPECTIONS Template Version 12/10/2020 Page 142 of 152 WQC-2022-Pasco-00044 Clean Water Preservation - Phase 1 City of Pasco Page 38 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: RECIPIENT shall maintain complete program and financial records relating to this Agreement , including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement . d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington , for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement . 23. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work . All payments to the RECIPIENT are subject to approval and audit by ECOLOGY , and any unauthorized expenditure(s) or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT . RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement . RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement , at the option of ECOLOGY, may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 24. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid , such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision , and to this end the provisions of this Agreement are declared to be severable . 25. STATE ENVIRONMENTAL POLICY ACT (SEPA) RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to this provision. 26. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT . RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. Template Version 12/10/2020 Page 143 of 152 WQC-2022-Pasco-00044 Clean Water Preservation - Phase 1 City of Pasco Page 39 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: 27. SUSTAINABLE PRACTICES In order to sustain Washington’s natural resources and ecosystems , the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement . a) Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low impact meetings, and setting up recycling and composting programs. b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable , rechargeable, and recyclable, 100% post-consumer recycled paper, and toxic free products. For more suggestions visit ECOLOGY’s web page, Green Purchasing, https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing. 28. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination . Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work . Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement , ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement . Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT . ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement , in whole or in part, for any reason when it is the best interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination . Non-Allocation of Funds. ECOLOGY’s ability to make payments is contingent on availability of funding . In the event funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved . ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT . In no event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the Agreement and any amendments . Template Version 12/10/2020 Page 144 of 152 WQC-2022-Pasco-00044 Clean Water Preservation - Phase 1 City of Pasco Page 40 of 40State of Washington Department of Ecology Agreement No: Project Title: Recipient Name: If payments have been discontinued by ECOLOGY due to unavailable funds , the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination . RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement. d) In Event of Termination All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds, identified herein. 29. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement , the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such . 30. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach , and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. End of General Terms and Conditions Template Version 12/10/2020 Page 145 of 152 AGENDA REPORT FOR: City Council January 11, 2022 TO: Dave Zabell, City Manager City Council Special Meeting: 1/24/22 FROM: Zach Ratkai, Director Administrative & Community Services SUBJECT: *Resolution - Declaration of Local Storm Emergency I. REFERENCE(S): Proposed Resolution Emergency Order No. 2022-001 Emergency Proclamation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. _____, ratifying Mayor Blanche Barajas's emergency Proclamation, and subsequent Emergency Order No. 2022-001, due to the January 7, 2022, windstorm in the City of Pasco, Washington. III. FISCAL IMPACT: Total unknown at this time, known costs include: Demolition and Removal of the Dock will be approximately- $78,000 Replacement Dock (similar to the existing Dock A) - $2.5 million Emergency response by Fire and A&CS crews to date - $15,000 IV. HISTORY AND FACTS BRIEF: On January 7, 2022, a significant storm system moved through the Pasco area bringing strong winds with gusts of more than 50 mph. At approximately 4:30 pm, City staff was informed that Dock B at the Pasco Boat Basin had moved from its moorings due to the wind and was floating freely in the marina. Pasco Facilities staff, along with the Pasco Fire Department secured Dock B to the northern shore of the marina. Subsequently, Pasco Facilities secured the debris through a boom/bouy system. Page 146 of 152 V. DISCUSSION: This damage has rendered this historical asset unusable and beyond any potential for repair. The require removal and replacement of the dock is necessary at a cost not secured in the budget at this time. The local declaration of an emergency allows the City to streamline processes and expedite the removal of the unsafe structure which poses a strong potential threat to equipment, property, commerce, and local, state, and Federal infrastructure on the Columbia River system downstream. Page 147 of 152 Resolution – Emergency Declaration Damaged Dock B - 1 RESOLUTION NO. ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, RATIFYING MAYOR BLANCHE BARAJAS’ EMERGENCY PROCLAMATION, AND SUBSEQUENT EMERGENCY ORDER NO. 2022- 001, DUE TO THE JANUARY 7, 2022, WINDSTORM IN THE CITY OF PASCO, WASHINGTON WHEREAS, the City of Pasco experienced a significant storm event on or about January 7, 2022 which included high winds with gusts in excess of 50 mph; and WHEREAS, as a result, the City of Pasco ("City" or "Pasco") suffered severe damage to City-owned assets within its limits; and WHEREAS, the event caused total damage to the City owned marina dock structure located in Schlagel Park; and WHEREAS, the event threatens injury to property, creating an emergency within the City which demands immediate action; and WHEREAS, the emergency resources of the City of Pasco will require waiver of public works competitive bidding requirements in order to award contracts in accordance with Chapter 2.55.020(1)(f) of the Pasco Municipal Code (PMC) and Chapters 38.52 and 39.04 of the Revised Code of Washington (RCW) to address the immediate situation which may adversely impact life and property and the City desires to take steps to exercise any necessary statutory powers pursuant to RCW 38.52.070(2) and the City's own emergency operations plans; and WHEREAS, the Mayor issued an Emergency Proclamation and Emergency Order No. 2022-001 on January 24, 2022; and WHEREAS, PMC 2.55.020 requires that at the next regular or special meeting such Emergency Orders shall be subject to ratification by the City Council or shall expire. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City of Pasco hereby resolves to ratify Mayor Blanche Barajas’ Emergency Proclamation of January 24, 2022 and her subsequent Emergency Order No. 2022-001 allowing the use of emergency purchasing procedures by the City Manager, pursuant to PMC 2.55.020(1)(f) and Section 2.4.C of the City of Pasco Purchasing Policy and Procedures 2.0 without regard to time consuming procedures and formalities required by law for non-emergency purchases of goods and services related to response to this event, except those mandated by Constitutional requirements. Documentation of all damage, repairs, and the decision making for any contracting of purchases shall be thorough. Page 148 of 152 Resolution – Emergency Declaration Damaged Dock B - 2 Be It Further Resolved, that the City Council of the City of Pasco ratifies the Mayor’s Proclamation of Emergency existing effective January 24, 2022 and Emergency Order No. 2022- 001, and hereby does authorize the expenditure of funds as required to meet the emergency. This action is in accordance with PMC 2.55.020(1)(f). Be It Further Resolved, that this Resolution will take effect immediately. PASSED by the City Council of the City of Pasco, Washington this___ day of _________, 2022. ____________________________ Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 149 of 152 MAYOR • (509) 545-3404 • FAX (509) 545-3403 P.O. Box 293 • 525 North 3rd Ave. • Pasco, WA 99301 www.pasco-wa.gov EMERGENCY ORDER NO. 2022-0001 WHEREAS, the City of Pasco experienced a significant storm event on or around January 7, 2022 which included high winds with wind gusts in excess of 50 mph; and WHEREAS, as a result, the City of Pasco (“City”) suffered severe damage to City owned property; and WHEREAS, this significant storm event cause total damage to the marina dock located at Schlagel Park; and WHEREAS, the event continues to threaten injury to property, creating an emergency within the City which demands immediate action; and WHEREAS, on January 24, 2022, Blanche Barajas, Mayor of the City of Pasco Proclaimed a Civil Emergency to address the above emergency; and WHEREAS, in order to address the above emergency pursuant to Pasco Municipal Code (PMC) 2.55.020 a waiver, of the public works competitive bidding requirements and awarding contracts to address the emergency situation, is appropriate, in accordance with Chapters 38.52 & 39.04 RCW and waiving other time-consuming procedures and formalities consistent with RCW 38.52.070(2). NOW THEREFORE, I, Blanche Barajas, Mayor of the City of Pasco, ORDER under emergency powers granted to me under the Proclamation of Emergency that: 1. The above recitals are true and correct in all respects. 2. I am vested with the authority to proclaim the existence of an emergency, pursuant to Pasco Municipal Code (PMC) 2.55.010(1), in situations of Civil Emergency, or the imminent threat thereof, and to enact orders to address the Civil Emergency. 3. Among other forms of disaster, a Civil Emergency may include natural causes such as a severe weather storm as described in PMC 2.55.010(1)(b). 4. The City of Pasco experienced a significant storm event on or about January 7, 2022, which included high winds with gusts in excess of 50 mph. 5. As a result, the City of Pasco suffered severe damage to City -owned assets within its limits. Page 150 of 152 6.The event caused total damage to the City owned marina dock structure located in Schlagel Park. 7.The emergency resources of the City of Pasco will require waiver of public works competitive bidding requirements in order to award contracts in accordance with Chapter 2.55.020(1)(f) of the Pasco Municipal Code (PMC) and Chapters 38.52 and 39.04 of the Revised Code of Washington (RCW) to address the immediate situation which may adversely impact life and property and the City desires to take steps to exercise any necessary statutory powers pursuant to RCW 38.52.070(2) and the City's own emergency operations plans. 8.The code provisions of PMC 14.05 and PMC 14.15, and any other provision of the Pasco Municipal Code relating to competitive bidding requirements in procuring goods or services, are hereby suspended for the purpose of responding to this Civil Emergency. 9.This order shall expire on August 31, 2022, unless earlier terminated by separate order. Dated this 24th day of January, 2022 Blanche Barajas, Mayor Attest: Debra Barham, CMC City Clerk Page 151 of 152 Proclamation “Proclaiming an Emergency” January 24, 2022 WHEREAS, I, Blanche Barajas, Mayor of the City of Pasco, vested with the authority to proclaim the existence of an emergency, pursuant to Pasco Municipal Code (PMC) 2.55.010(1), in situations of Civil Emergency, or the imminent threat thereof, and to enact orders to address the Civil Emergency; and; and WHEREAS, among other forms of disaster a Civil Emergency may include natural causes such as a severe weather storm as described in PMC 2.55.010(1)(b); and WHEREAS, the City of Pasco experienced a significant storm event on or about January 7, 2022, which included high winds with gusts in excess of 50 mph; and WHEREAS, as a result, the City of Pasco ("City" or "Pasco") suffered severe damage to City -owned assets within its limits; and WHEREAS, the event caused total damage to the City owned marina dock structure located in Schlagel Park; and WHEREAS, the event threatens injury to property, creating an emergency within the City which demands immediate action; and WHEREAS, the emergency resources of the City of Pasco will require waiver of public works competitive bidding requirements in order to award contracts in accordance with Chapter 2.55.020(1)(f) of the Pasco Municipal Code (PMC) and Chapters 38.52 and 39.04 of the R evised Code of Washington (RCW) to address the immediate situation which may adversely impact life and property and the City desires to take steps to exercise any necessary statutory powers pursuant to RCW 38.52.070(2) and the City's own emergency operations plans. NOW, THEREFORE, I, Blanche Barajas, Mayor of the City of Pasco, DO HEREBY PROCLAIM, a Civil Emergency relative to the marina dock structure in Schlagel Park, damaged by the January 7, 2022, storm and shall issue relevant and necessary orders pursuant to PMC 2.55.020(a)-(j). IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Pasco, State of Washington, to be affixed this 24th day of January 2022. Blanche Barajas, Mayor City of Pasco Page 152 of 152