HomeMy WebLinkAbout4817 Ordinance Moratorium on Essential Public Facilities (Secure Community Transition Facilities).pdOrdinance – Essential Public Facilities - 1
ORDINANCE NO. 4817
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
IMPOSING A SIX-MONTH MORATORIUM ON APPLICATIONS RELATED
TO ESSENTIAL PUBLIC FACILITIES, INCLUDING SECURE COMMUNITY
TRANSITION FACILITIES; AND ESTABLISHING AN IMMEDIATE
EFFECTIVE DATE.
WHEREAS, the City Council has authority under Article XI, Section 11 of the
Washington State Constitution, RCW 35A.63.220, RCW 36.70A.200, and RCW 36.70A.390 to
regulate land uses and adopt interim zoning controls and moratoria; and
WHEREAS, RCW 36.70A.200 requires cities to include provisions for the siting of
Essential Public Facilities (“EPFs”); and
WHEREAS, Secure Community Transition Facilities (“SCTFs”) are a type of Essential
Public Facility governed in part by RCW 71.09; and
WHEREAS, the Pasco Municipal Code does not currently establish a dedicated siting
process or decision criteria specifically applicable to EPFs or SCTFs; and
WHEREAS, RCW 71.09.285 establishes siting considerations for SCTFs, including
proximity to “risk potential activities and facilities,” emergency service response times, public
safety considerations, and site characteristics; and
WHEREAS, RCW 71.09.020 defines “risk potential activities and facilities” to include
schools, school bus stops, licensed daycare facilities, preschools, parks, trails, playgrounds,
sports fields, community centers, libraries, youth camps, and places of worship; and
WHEREAS, RCW 71.09.096 establishes a minimum separation distance of 500 feet
between certain residential placements associated with SCTFs and K-12 schools, daycares, and
preschools; and
WHEREAS, the City Council finds that additional time is necessary to develop a clear
Essential Public Facility and Secure Community Transition Facility siting process, evaluate
zoning regulations and development standards, map risk-potential facilities using GIS, establish
separation criteria consistent with state law, evaluate public safety and compatibility
considerations, and adopt interim or permanent development regulations; and
WHEREAS, without a moratorium, business license and/or permit applications related to
EPFs or SCTFs could vest under existing regulations that do not contain siting criteria or review
procedures; and
WHEREAS, the City Council intends to study EPF and SCTF siting regulations with
input from the Planning Commission, staff, and the community; and
Ordinance – Essential Public Facilities - 2
WHEREAS, a temporary moratorium is necessary to protect the public health, safety,
and welfare while the City develops appropriate regulations; and
WHEREAS, this ordinance is intended to include necessary supporting recitals
incorporated as findings of fact, impose a moratorium on acceptance and processing of
applications related to EPFs and SCTFs, exempt vested applications, establish a six-month
duration, require a public hearing within 60 days, and declare an emergency establishing an
immediate effective date.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings of Fact. The recitals set forth above are adopted as the City
Council’s initial findings of fact in support of the moratorium established by this ordinance.
Section 2. Declaration of Emergency. The City Council declares this moratorium to
be an emergency measure necessary for the immediate protection of public health, safety,
property, and welfare.
Section 3. Moratorium Imposed. Pursuant to Article XI, Section 11 of the Washington
State Constitution, RCW 35A.63.220, and RCW 36.70A.390, the City hereby imposes a
temporary moratorium on the acceptance and processing of development permit applications
related to Essential Public Facilities, including Secure Community Transition Facilities. This
moratorium applies to, but is not limited to, business license applications, building permit
applications, conditional use permit applications, site plan review applications, binding site plan
applications, subdivision and short subdivision applications, pre-application conferences, and
any other land-use approvals or development permit applications related to Essential Public
Facilities or Secure Community Transition Facilities.
Section 4. Effect on Vested Rights. This moratorium applies prospectively only and
does not affect applications determined to be complete prior to the effective date of this
ordinance.
Section 5. Duration of Moratorium. This moratorium shall remain in effect for six (6)
months from the date of adoption unless extended in accordance with RCW 35A.63.220 and
RCW 36.70A.390 or replaced by interim or permanent regulations.
Section 6. Public Hearing. The City Council shall hold a public hearing within sixty
(60) days of adoption of this ordinance to receive public testimony and consider additional
findings of fact.
Section 7. Interpretive Authority. The City Manager or designee is authorized to issue
official interpretations necessary to implement this ordinance.
Ordinance – Essential Public Facilities - 3
Section 8. Severability. If any section, subsection, sentence, clause, phrase or word
of this ordinance should be held to the invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or
constitutionality of any other section, subsection, sentence, clause phrase or word of this
ordinance.
Section 9. Corrections. Upon approval by the city attorney, the city clerk or the
code reviser are authorized to make necessary corrections to this ordinance, including scrivener’s
errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or
numbering or referencing of ordinances or their sections and subsections.
Section 10. Effective Date. This ordinance shall take effect immediately upon
adoption.
PASSED by the City Council of the City of Pasco, Washington this 17th day of February
2026.
Charles Grimm
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Krystle Shanks Ogden Murphy Wallace, PLLC
Deputy City Clerk City Attorney
Published: February 22, 2026