HomeMy WebLinkAbout04/07/2026 09.D. Ordinance adopting a moratorium re secure community transition facilitiesItem No. 9.D.
For Meeting of: April 7, 2026
ITEM TITLE:Ordinance adopting a six-month moratorium on the filing and
acceptance of development applications for, and the location of, and
issuance of permits and approvals for, land uses that consist of or
include halfway houses as defined in Yakima Municipal Code
15.02.020 and secure community transition facilities as defined
herein; directing development of comprehensive zoning and business
regulations pertaining to halfway houses and secure community
transition facilities; providing that the moratorium shall be in effect for
six months, through October 6, 2026; and declaring an emergency
providing for immediate effective date.
SUBMITTED BY:Sara Watkins, City Attorney
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
SUMMARY EXPLANATION:
The State of Washington is seeking to site “secure community transition facilities” in jurisdictions
pursuant to RCW 71.09. These facilities are defined in a way that likely places them under the term
“halfway house” in the Yakima Municipal Code. Since there is not a specific definition or land use
regulations for secure community transition facilities, and since the definitions and regulations regarding
halfway houses require updating, a proposed moratorium on filing and accepting development
applications and permits for both halfway houses and secure community transition facilities is in front of
Council. Moratoriums require public hearings, so, if passed by unanimous vote tonight, it will go into
effect immediately and a public hearing will be scheduled for May 12, 2026. If the moratorium does not
pass unanimously, it will go into effect 30 days after publication and the hearing will be the same date.
ITEM BUDGETED: N/A
STRATEGIC PRIORITY 24-25: A Safe and Healthy Yakima
RECOMMENDATION: N/A.
ATTACHMENTS:
Ord MORATORIUM.secure.comm.fac.docx
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ORDINANCE NO. 2026-____
AN ORDINANCE of the City of Yakima, Washington, adopting a six-month
moratorium on the filing and acceptance of development
applications for, and the location of, and issuance of permits and
approvals for, land uses that consist of or include halfway houses
as defined in Yakima Municipal Code 15.02.020 and secure
community transition facilities as defined herein; directing
development of comprehensive zoning and business regulations
pertaining to halfway houses and secure community transition
facilities; providing that the moratorium shall be in effect for six
months, through October 6, 2026; and declaring an emergency
providing for immediate effective date.
WHEREAS, RCW 36.70A.390 and RCW 35.63.200 authorize the City Council to
adopt an ordinance imposing a moratorium and provide a process for public hearing which
must be held within sixty days of the date of adoption of the moratorium; and
WHEREAS, the City Council finds and determines that the City of Yakima needs time to
consider additional zoning regulations, definitions, health and safety regulations, and
business licensing regulations which would deal specifically with the location, design,
construction, maintenance and operation of “halfway houses” within the City of Yakima;
and
WHEREAS, the City Council finds and determines that the City of Yakima needs
time to consider additional zoning regulations, definitions, health and safety regulations,
and business licensing regulations which would deal specifically with the location, design,
construction, maintenance and operation of “secure community transition facilities” within
the City of Yakima, and time to determine an appropriate definition of “secure community
transition facility” and the differences between a “halfway house” and a “secure community
transition facility”; and
WHEREAS, there is no definition of “secure community transition facility” in the City
of Yakima zoning code and the definition needs clarity as to the differences between those
facilities and “halfway houses”, and there have been increased attempts at siting “secure
community transition facilities” in neighboring communities, necessitating the need for not
only a definition for “secure community transition facility” but also a review of the definition
and regulations surrounding “halfway houses”; and
WHEREAS, the City Council has therefore decided to impose a moratorium for the
term of six months, commencing on the effective date of this ord inance and extending
through October 6, 2026, in order to study the issues as determined by the City Council
and to adopt appropriate regulations and definitions; and
WHEREAS, for purposes of this Ordinance, the term “secure community transition
facility” has the meaning found in RCW 71.09.020(16); and
WHEREAS, the City Council finds and determines that imposition of a moratorium
is necessary to (a) provide the City with an opportunity to study the issues regarding siting,
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zoning and regulation of secure community transition facilities within the City of Yakima;
(b) to study the issues regarding defining secure community transition facilities; (c) to study
the issues regarding siting, zoning and regulation of halfway houses; (d) to study the
issues regarding the definition of halfway houses; (e) to study the issues regarding the
differences and overlap between halfway houses and secure community transition
facilities; (f) to protect the health, safety and welfare of the residents of Yakima and visitors,
by avoiding and ameliorating negative impacts of secure community transition facilities;
and (g) avoid applicants possibly establishing vested rights contrary to and inconsistent
with any revisions the City may make to its regulations and codes as a result of the City’s
study of this matter; and
WHEREAS, the City Council finds, determines and concludes that an emergency
exists, to wit: (a) other cities have been approached regarding siting of secure community
transition facilities and have enacted moratoria, which likely will result in the state looking
for alternate cities to place such facilities and a logical city may be Yakima due to its size
and location; (b) neither City staff nor the Planning Commission have had sufficient
opportunity to review the effects of secure community transition facilities with regard to
concerns for economic development, preservation and/or promotion of site compatibility,
accessibility and safety within the various land use districts; the current halfway house
regulations may encompass secure community transition facilities, but that is not specified
in ordinances or regulations as there is no definition of secure community transition
facilities in the Yakima Municipal Code; and (d) the immediate imposition of this
moratorium will preserve the status quo to enable the City to further study the effects of
such uses and to devise appropriate zoning and regulatory controls to address the effects
of such uses; and
WHEREAS, the City Council authorizes and directs the City Manager to review
existing City codes and zoning regulations, further study the effects resulting from location
of secure community transition facilities and halfway houses within the City of Yakima,
prepare comprehensive proposed amendments to the City codes and zoning regulations
to address the effects of such uses, to confer with community members and the City
Planning Commission as appropriate, and to present recommended legislation addressing
such issues to the City Council for consideration and action; and
WHEREAS, the City Council finds and determines that a public hearing on this
moratorium should be held on May 12, 2026, whereupon the City Council may adopt
findings of fact in support of the adoption of this moratorium, or modify the terms thereof;
and
WHEREAS, notwithstanding the term of six months set forth above for the
moratorium adopted herein, this moratorium may at any time hereafter be (a) modified by
the City Council in accordance with applicable law; (b) extended for additional term(s) of
six months upon action following public hearing and adoption of findings in support thereof;
(c) terminated by the City Council upon adoption of appropriate zoning and regulatory
codes; or (d) terminated by the City Council for any reason deemed necessary or
appropriate; now, therefore:
BE IT ORDAINED BY THE CITY OF YAKIMA:
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Section 1. Moratorium Established. From and after the effective date of this
ordinance, the City shall not allow the filing of or accept any application for a building
permit, tenant improvement, business license, business registration, development permit,
request for conversion, nonprofit license, permit, subdivision, short subdivision, site plan
review, or any other development, for any halfway house or secure community transition
facility within any building (including any additions, expansions, or modifications thereto),
land, structure or use, within the City of Yakima, building permit, tenant improvement,
business license, business registration, development permit, request for conversion,
nonprofit license, permit, subdivision, short subdivision, site plan review, or any other
development within the City of Yakima that provides for a halfway house and/or secure
community transition facility As used in this ordinance, the following terms have the
meanings set forth below:
A. “Halfway house” is defined as set forth in Yakima Municipal Code section
15.02.020.
B. “Secure community transition facility” is defined as set forth in RCW
71.09.020(16). To wit: “Secure community transition facility" means a
residential facility for persons civilly committed and conditionally released to a
less restrictive alternative under this chapter. A secure community transition
facility has supervision and security, and either provides or ensures the
provision of sex offender treatment services. Secure community transition
facilities include but are not limited to the facility established pursuant to
RCW 71.09.250(1)(a)(i) and any community-based facilities established
under this chapter and operated by the secretary or under contract with the
secretary.
In addition to the above definitions and as necessary to interpret or apply this
Ordinance, the City hereby adopts those definitions and provisions of the
Yakima Municipal Code pertaining to land use, zoning, design and regulation.
Section 2. Exemption – Vested Rights. Applications which are legally vested as
of the effective date of this ordinance shall continue to be processed as provided in the
Yakima Municipal Code and according to the land use regulations in effect on the date of
vesting.
Section 3. Public Hearing. Pursuant to RCW 36.70A.390 and RCW 35.63.200, a
public hearing will be held on Tuesday, May 12, 2026, for the purpose of taking testimony
and, if this ordinance is passed, adopting written findings and conclusions justifying the
moratorium established by this ordinance.
Section 4. Effective Period of Moratorium. The moratorium adopted by this
ordinance shall become effective immediately upon passage and approval of this
ordinance, and shall remain in effect for six months, through October 6, 2026, subject to
adoption of findings and conclusions as provided in Section 3 above. This moratorium
shall also terminate upon the adoption of permanent regulations governing the location,
land use and regulation of halfway houses and/or secure community transition facilities.
Notwithstanding the above, this moratorium may be extended as provided in RCW
36.70A.390 and RCW 35.63.200.
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Section 5. Directive to City Manager. The City Council hereby authorizes and
directs the City Manager to review existing City codes and zoning regulations; to further
study the effects resulting from use of halfway houses and secure community transition
facilities; to prepare comprehensive proposed amendments to the City codes and zoning
regulations to address the effects of such uses; to confer with community members and
the City Planning Commission as appropriate; and to present recommended legislation
addressing such issues to the City Council for consideration and action.
Section 6. Declaration of Emergency. Pursuant to Article VI Section 2 of the
Charter of the City of Yakima, the City Council finds, determines and declares that this
ordinance is an emergency ordinance to provide for the immediate preservation of the
public peace, property, health or safety. The unanimous vote of the City Council shall be
necessary for the passage of this emergency ordinance.
Section 7. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity of
constitutionality of any other section, sentence, clause or phrase of this ordinance.
Section 8. Ordinance to be Transmitted to Department. Pursuant to RCW
36.70A.106, this Ordinance shall be transmitted to the Washington State Department of
Commerce as required by law or otherwise posted, published or recorded as permitted by
law.
Section 9. Effective Date. This ordinance shall be in full force and effect
immediately upon its passage and approval as provided by law and the City Charter.
PASSED BY UNANIMOUS VOTE OF THE CITY COUNCIL, signed and approved
this 7th day of April, 2026.
_____________________________________
Matt Brown, Mayor
ATTEST:
By_______________________________
Rosalinda Ibarra, City Clerk
Effective Date: _____________________
Publication Date: ___________________
Ordinance Approved by Unanimous Vote
of Council Members: ________________