HomeMy WebLinkAbout4851 Ordinance -Extend Moratorium on Essential Public Facilities(Secure Community Transition Facility)Ordinance - 1
Version 7.9.26
4899-1038-9692, v. 3
{DTP4899-1038-9692;2/13206.000011/}
ORDINANCE NO. 4851
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
RENEWING THE MORIATORIUM ADOPTED IN ORDINANCE 4817 FROM
AUGUST 17, 2026, TO DECEMBER 31, 2026; PROVIDING FOR
INTERPRETATIVE AUTHORITY; PROVIDING FOR CORRECTIONS;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN 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; an
WHEREAS, at a City Council Regular Meeting held on February 17, 2026, the City
Council adopted Ordinance 4817 imposing a six-month moratorium on applications related to
Essential Public Facilities (“EPFs”), including Secured Community Transition Facilities
(“SCTFs”) and Least Restrictive Alternatives (“LRAs”) ending on August 17, 2026; and
WHEREAS, since passage of Ordinance 4817, the City developed draft regulations for
the permitting process and siting requirements for EPFs, SCTFs, and LRAs and have held public
workshops on March 31st, April 15th, April 29th and May 6, 2026; and
WHEREAS, at a Council Workshop meeting held on June 22, 2026, after discussion and
consideration, the Council directed staff to prepare a possible special overlay zoning district for
SCTFs and LRAs for future consideration; and
WHEREAS, the Council finds that additional time is necessary to develop a clear EPFs,
SCTFs, and LRAs siting process, conduct a capacity analysis, 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 complete
other analysis, and to adopt interim or permanent development regulations; and
WHEREAS, RCW 36.70A.390 and RCW 35A.63.220 permit a municipality to renew a
moratorium for one or more six-month periods provided that the municipality holds a public
hearing prior to the adoption of the renewal and adopts findings of fact stating the necessity of the
moratorium renewal; and
WHEREAS, without renewing the moratorium imposed by Ordinance 4817, business
license and/or permit applications related to EPFs, SCTFs, and LRAs could vest under existing
regulations that do not contain siting criteria or review procedures; and
WHEREAS, on August 3, 2026, the City held a public hearing on renewing the
moratorium in accordance with RCW 36.70A.390; and
Ordinance - 2
Version 7.9.26
4899-1038-9692, v. 3
{DTP4899-1038-9692;2/13206.000011/}
WHEREAS, during the renewed moratorium period the Council intends to continue to
study and develop EPF, SCTF, and LRA development regulations with input from staff and the
community; and
WHEREAS, the Council has further directed staff to prepare a capacity analysis for the
siting of LRAs and SCTFs within the proposed zoning overlay. The staff are directed to provide a
draft of the proposed zoning overlay and capacity analysis for Council’s consideration; and
WHEREAS, the Council intends on providing additional opportunities for public
comment on the draft permanent regulations via the public hearing process prior to adoption; and
WHEREAS, it is the Council’s goal to adopt development regulations for EPFs, SCTFs,
and LRAs by December 31, 2026, and in no event later than the expiration of the renewed
moratorium period; and
WHEREAS, renewing the moratorium established in Ordinance 4817 is necessary to
protect the public health, safety, and welfare while the City develops appropriate regulations and
implements its proposed timeline for adoption of said regulations.
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 findings of fact in support of the moratorium renewal established by this ordinance.
Section 2. Moratorium Renewed. The moratorium established by Ordinance 4817 is
hereby renewed and shall have a new expiration date of February 28, 2027. The moratorium shall
automatically expire at 11:59:59 p.m. on December 31, 2026 unless the City Council, in its sole
discretion, (a) decides to formally renew this moratorium for additional periods by ordinance; or,
(b) has passed all permanent amendments deemed necessary by the City Council to justify lifting
of the moratorium prior to said date.
Section 3. Interpretive Authority. The City Manager or designee is authorized to
issue official interpretations necessary to implement this ordinance.
Section 4. 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 5. 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 6. Effective Date. This ordinance shall take effect within five days of
Ordinance - 3
Version 7.9.26
4899-1038-9692, v. 3
{DTP4899-1038-9692;2/13206.000011/}
adoption.
PASSED by the City Council of the City of Pasco, Washington this 3rd day of August,
2026.
Charles Grimm
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Gabriela Sanchez Ogden Murphy Wallace, PLLC
City Clerk City Attorney
Published: August 9, 2026