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HomeMy WebLinkAbout05/12/2026 08.A. Resolution - findings of fact and sending moratorium issues to the Yakima Planning Commission !, !:::1;5 • '14'1 � F - BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 8.A. For Meeting of: May 12, 2026 ITEM TITLE: Resolution adopting findings of fact and sending moratorium issues to the Yakima Planning Commission SUBMITTED BY: Sara Watkins, City Attorney SUMMARY EXPLANATION: The City Council passed an emergency moratorium regarding halfway houses, as defined in the Yakima Municipal Code, and secured community transition facilities, as defined in Ordinance No. 2026-012, on April 7, 2026. A "halfway house" shall include residentially oriented facilities that provide: 1. State-licensed group care homes for juvenile delinquents; 2. Houses providing residence in lieu of instructional sentencing; 3. Houses providing residence to individuals needing correctional institutionalization; or 4. Detoxification centers licensed by the state where alcohol and drug abusers can be placed in lieu of incarceration for detoxification and treatment from effects of alcohol and drugs. (See "Clean and sober facility.") The ordinance also set a public hearing for May 12, 2026, to take public testimony on the moratorium. The emergency ordinance outlined the date for the public hearing, which is required by statute. The ordinance set forth a number of recitals providing a factual background for the moratorium. Upon completion of the public hearing and discussion, the City Council will need to adopt the resolution providing for findings of fact and send this matter to the Yakima Planning Commission for review and recommendation. ITEM BUDGETED: No STRATEGIC PRIORITY 24-25: A Safe and Healthy Yakima RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Res-Moratorium_Findings of Fact.docx Ord-2026-012_Moratorium_re Secure Community Transition Facilities.pdf 183 RESOLUTION NO. R-2026- A RESOLUTION adopting findings of fact for the 6-month moratorium of halfway house and secure community transition facility use applications in the City of Yakima and directing the Yakima Planning Commission to review the issue and provide recommendations to the City Council. WHEREAS, the City passed an emergency moratorium on halfway house and secure community transition facility uses on April 7, 2026; and WHEREAS, in the emergency ordinance, as required by state statute, a public hearing to take testimony on the moratorium was scheduled for May 12, 2026, within sixty days of passage of the emergency moratorium ordinance; and WHEREAS, the City held a public hearing and took public testimony on May 12, 2026; and WHEREAS, the Yakima Planning Commission is charged with reviewing and providing recommendations to Council on amendments to the land use code; and WHEREAS, the City Council finds that it is in the best interest of the City of Yakima and its residents to adopt findings of fact and send the matters in the moratorium to the Planning Commission for review, research and recommendation; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1. The Recitals found in Ordinance No. 2026-012, attached hereto, are hereby adopted as the findings of fact for the moratorium on halfway house and secure community transition facilities uses. 2. The matters found in the moratorium are hereby sent to the Planning Commission for review and research. The Planning Commission, pursuant to municipal ordinances and procedures, provide a recommendation to the City Council so that the City Council can make a decision within the moratorium time frame. ADOPTED BY THE CITY COUNCIL this 12th day of May, 2026. Matt Brown, Mayor ATTEST: Rosalinda Ibarra, CMC, City Clerk 184 ORDINANCE NO. 2026-012 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 ordinance 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, 1 185 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: 2 186 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. 3 187 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 6. 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 7'h day of April, 2026. ATTEST: .. Matt Brown, Mayor AKrM i Ify Rosalinda Ibarra, CMC, City Clery9R• ,, •.�, ' Effective Date: April 7, 2026 Publication Date: April 11, 2026 Ordinance Approved by Unanimous Vote of Council Members: April 7, 2026 4 188 iirli* BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item 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 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 516 189