Ordinance 14-004 amends 14-002 CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 14-004 •
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, ADOPTING FINDINGS OF FACT JUSTIFYING THE ADOPTION OF
INTERIM DEVELOPMENT REGULATIONS AND AMENDMENTS TO SPOKANE
VALLEY MUNICIPAL CODE PERTAINING TO REGULATION OF RECREATIONAL
MARIJUANA, ADOPTING AMENDMENTS TO SPOKANE VALLEY MUNICIPAL CODE
SECTIONS 19.85.010, 19.85.020, AND 19.120.050 TO MODIFY ESTABLISHED
RECREATIONAL MARIJUANA BUFFER ZONES, AND OTHER MATTERS RELATING
THERETO.
WHEREAS, pursuant to Article 11, Section 11 of the Washington Constitution, the City of Spokane
Valley is authorized to "make and enforce within its limits all such local police, sanitary and other regulations
as are not in conflict with general laws,"which includes the adoption of regulations governing land uses within
the City; and
WHEREAS, on January 16, 2014, the Washington Attorney General issued Attorney General Opinion
No. 2, in which he stated that "[a]lthough Initiative 502 (1-502) establishes a licensing and regulatory system
for marijuana producers,processor, and retailers in Washington State, it includes no clear indication that it was
intended to preempt local authority to regulate such businesses. We therefore conclude that I-502 left in place
the normal powers of local governments to regulate within their jurisdictions;"and
WHEREAS, RCW 36.70A.390 provides that "A county or city governing body that adopts a
moratorium, interim zoning map, interim zoning ordinance, or interim official control without holding a public
hearing on the proposed moratorium, interim zoning map, interim zoning ordinance, or interim official control,
shall hold a public hearing on the adopted moratorium, interim zoning map, interim zoning ordinance, or
interim official control within at least sixty days of its adoption, whether or not the governing body received a
recommendation on the matter from the planning commission or department. If the governing body does not
adopt findings of fact justifying its action before this hearing, then the governing body shall do so immediately
after this public hearing. A moratorium, interim zoning map, interim zoning ordinance, or interim official
control adopted under this section may be effective for not longer than six months, but may be effective for up
to one year if a work plan is developed for related studies providing such a longer period. A moratorium,
interim zoning map, interim zoning ordinance or interim official control may be renewed for one or more six-
month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal;"and
WHEREAS, interim zoning controls enacted under RCW 35A.63.220 and/or RCW 36.70A.390 are
methods by which local governments may preserve the status quo so that new plans and regulations will not be
rendered moot by intervening development; and
WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 both authorize the enactment of a moratorium,
interim zoning map, interim zoning ordinance, or interim official control prior to holding a public hearing; and
WHEREAS, pursuant to RCW 35A.63.220 and RCW 36.70A.390, on February 11, 2014, the City
Council of the City of Spokane Valley (City Council) adopted Ordinance No. 14-002 establishing interim
development regulations that adopted findings; adopted definitions for marijuana production, processing, and
sales; specified zones where marijuana production, processing, and sales were allowed that were consistent
with prior administrative determinations for such uses; adopted buffers of 1,000 feet between recreational
marijuana uses and the Centennial Trail, Old Milwaukee Right-of-Way(commonly known as Appleway Trail),
Ordinance 14-004 Page 1 of 7
vacant and undeveloped public school property, and vacant and undeveloped public library property; and set a
public hearing on the interim marijuana regulations for March 25,2014; and
WHEREAS, pursuant to RCW 35A.63.220 and RCW 36.70A.390, the City Council conducted a
public hearing on Ordinance No. 14-002 on March 25,2014; and
WHEREAS, written public testimony was received from five interested parties and one of those
parties also spoke at the public hearing; and
WHEREAS, the City Council finds and determines that modifications to the recreational marijuana
buffers established in Spokane Valley Municipal Code (SVMC) 19.85.010, 19.85.020, and 19.120.050 will
continue to protect the City's citizens, including minors, and will be consistent with the identified federal
enforcement priorities and especially in preventing the distribution of marijuana to minors; and
WHEREAS, the City Council finds that the findings of fact, land use limitations, buffering
requirements, and amendments to SVMC 19.85.010, 19.85.020, and 19.120.050 established by this Ordinance
are necessary for the preservation of the public health, public safety, public property and public peace.
NOW,THEREFORE,the City Council of the City of Spokane Valley ordains as follows:
Section 1. Findings of Fact. Pursuant to RCW 35A.63.220 and RCW 36.70A.390, the City
Council conducted a public hearing on Ordinance No. 14-002 on March 25, 2014. The City Council hereby
adopts the following as findings of fact in support of Ordinance No. 14-002 and this Ordinance:
1. Since 1970, federal law has prohibited the manufacture and possession of marijuana as a Schedule I
drug, based on the federal government's categorization of marijuana as having a"high potential for abuse, lack
of any accepted medical use, and absence of any accepted safety for use in medically supervised treatment."
Gonzales v. Raich, 545 U.S. 1, 14 (2005), Controlled Substance Act (CSA), 84 Stat. 1242, 21 U.S.C. 801 et
seq.
2. On November 6, 2012, voters of the State of Washington approved Initiative Measure No. 502 (I-
502), now codified in chapters 69.50, 46.04, 46.20, 46.21, and 46.61 Revised Code of Washington (RCW),
which provisions, (a) decrirninalized possession and use of certain amounts of marijuana and marijuana
paraphernalia; (b) amended state laws pertaining to driving under the influence of intoxicants to include
driving under the influence of marijuana; and (c) established a regulatory system licensing producers,
processors, and retailers of recreational marijuana for adults 21 years of age and older, and required the
Washington State Liquor Control Board (the LCB) to adopt procedures and criteria by December 1, 2013 for
issuing licenses to produce,process,and sell marijuana.
3. On August 29, 2013, the United States Department of Justice issued a memo providing updated
guidance on marijuana enforcement in response to the adoption of I-502. Several ongoing federal enforcement
priorities were outlined, including prevention of crime and preventing distribution of marijuana to minors.
Further, the memo provided that the Department would not seek ongoing prosecution of marijuana providers,
users, and local officials in states that authorized marijuana, provided that those state and local governments
"implement strong and effective regulatory and enforcement systems that will address the threat those state
laws could pose to public safety,public health, and other law enforcement interests. A system adequate to that
task must not only contain robust controls and procedures on paper; it must also be effective in practice."
4. On October 16, 2013, the LCB adopted rules pertaining to the licensing of marijuana producers,
processors, and retailers, as set forth in chapter 314-55 Washington Administrative Code(WAC).
Ordinance 14-004 Page 2 of 7
5. Pursuant to the rules established in chapter 314-55 WAC, the LCB opened a 30-day application
period and is currently processing and approving license applications received for marijuana producer,
processor, and retailer licenses.
6. Pursuant to RCW 69.50.331(8) and WAC 314-55-050(10), the LCB is prohibited from licensing
any marijuana producers, processors, and retailers within 1,000 feet of the perimeter of the grounds of any
elementary or secondary school, playground, recreation center or facility, child care center, public park,
excluding trails, public transit center, library, or any game arcade admission to which is not restricted to
persons aged twenty-one years or older.
7. Pursuant to Spokane Valley Municipal Code(SVMC) 19.20.050, City staff made an administrative
interpretation and determination based on similar current permitted uses to permit licensed marijuana
producers in light industrial and heavy industrial zones and for indoor-only production in regional commercial
and community commercial zones.
8. Pursuant to SVMC 19,20.050, City staff made an administrative determination based on similar
current permitted uses to permit licensed marijuana processors in light industrial and heavy industrial zones.
9. Pursuant to SVMC 19.20.050, City staff made an administrative determination based on similar
current permitted uses to permit licensed marijuana retailers in mixed use center, corridor mixed use,
community commercial,and regional commercial zones.
10. The City Council finds and determines that the Centennial Trail and proposed Appleway Trail are
trails that are and will be regularly used by the citizens of the City, including minors, and adopting the
regulations identified adopted in Ordinance No. 14-002 and herein will be consistent with the identified federal
enforcement priorities and especially in preventing the distribution of marijuana to minors.
11. Pursuant to Article 11, Section 11 of the Washington Constitution, the City of Spokane Valley is
authorized to"make and enforce within its limits all such local police, sanitary and other regulations as are not
in conflict with general laws,"which includes the adoption of regulations governing land uses within the City.
12. On January 16, 2014, the Washington Attorney General issued Attorney General Opinion No. 2,
in which he stated that "[a]lthough Initiative 502 (I-502) establishes a licensing and regulatory system for
marijuana producers, processor, and retailers in Washington State, it includes no clear indication that it was
intended to preempt local authority to regulate such businesses. We therefore conclude that 1-502 left in place
the normal powers of local governments to regulate within their jurisdictions."
13. The City Council finds and determines that 1-502 does not preempt the City of Spokane Valley
from exercising and administering its constitutional and statutory land use regulatory authority to allow and
regulate land uses within the City limits.
14. RCW 36.70A.390 provides that "A county or city governing body that adopts a moratorium,
interim zoning map, interim zoning ordinance, or interim official control without holding a public hearing on
the proposed moratorium, interim zoning map, interim zoning ordinance, or interim official control, shall hold
a public hearing on the adopted moratorium, interim zoning map, interim zoning ordinance, or interim official
control within at least sixty days of its adoption, whether or not the governing body received a
recommendation on the matter from the planning commission or department. If the governing body does not
adopt findings of fact justifying its action before this hearing, then the governing body shall do so immediately
after this public hearing. A moratorium, interim zoning map, interim zoning ordinance, or interim official
control adopted under this section may be effective for not longer than six months, but may be effective for up
to one year if a work plan is developed for related studies providing such a longer period. A moratorium,
Ordinance 14-004 Page 3 of 7
interim zoning map, interim zoning ordinance or interim official control may be renewed for one or more six-
month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal."
15. Interim zoning controls enacted under RCW 35A.63.220 and/or RCW 36.70A.390 are methods by
which local governments may preserve the status quo so that new plans and regulations will not be rendered
moot by intervening development.
16. RCW 35A.63.220 and RCW 36.70A.390 both authorize the enactment of a moratorium, interim
zoning map, interim zoning ordinance, or interim official control prior to holding a public hearing.
17. Absent the interim regulations, the LCB would have begun issuing licenses that could have
frustrated the City's effective planning and undermined the City's authority and ability to effectively regulate
marijuana production,processing, and sales.
18, Pursuant to RCW 35A,63.220 and RCW 36.70A.390, the City Council conducted a public hearing
on Ordinance No. 14-002 on March 25,2014.
19. The City Council received written public comment from five interested parties and one of those
parties also spoke at the public hearing. The City Council considered all public comment received.
20. Modifications to the recreational marijuana buffers and zoning established in SVMC 19,85 and
19,120,050 will continue to protect the City's citizens, including minors, and will be consistent with the
identified federal enforcement priorities and especially in preventing the distribution of marijuana to minors.
21. The interim regulations implement development regulations consistent with the goals and policies
of the City's Comprehensive Plan.
21. The City Council finds that the land use limitations and buffering requirements established by
Ordinance No. 14-002 and this Ordinance are necessary for the preservation of the public health, public safety,
public property and public peace.
Section 2. Amendment, SVMC 19.85.010 is hereby amended as follows:
19.85.010—Marijuana Production Standards.
A. Marijuana production shall be located or maintained at least 1,000 feet from the nearest property
line of the use listed in subsections(1) and(2)of this section. Distance shall be measured from the nearest
property line of the marijuana production to the nearest property line of the following uses:
1. Vacant or undeveloped parcels owned by public school districts as established in Title 28A
RCW; and
2. Vacant or undeveloped parcels owned by public Iibrary districts as established in chapter
27.12 RCW.
B. Marijuana production in the regional commercial and community commercial zones shall only be
permitted indoors.
Section 3. Amendment, SVMC 19.85.020 is hereby amended as follows:
19.85.020—Marijuana Processing Standards.
Ordinance 14-004 Page 4 of 7
A. Marijuana processing shall be located or maintained at least 1,000 feet from the nearest property
line of the use listed in subsections(1) and(2)of this section. Distance shall be measured from the nearest
property line of the marijuana processing to the nearest property line of the following uses:
1. Vacant or undeveloped parcels owned by public school districts as established in Title 28A
RCW; and
2. Vacant or undeveloped parcels owned by public library districts as established in chapter
27.12 RCW.
B. Marijuana processing in the regional commercial and community commercial zones shall be
limited to packaging and labeling of useable marijuana.
Ordinance 14-004 Page 5 of 7
Section 4. Amendment. Section 19.120.050 is hereby amended as follows:
SVMC 19.120.050—Permitted Use Matrix
Use Category/Type
Residential Zone Districts
Commercial and Industrial Zone Districts
Supplemental Conditions
7
47
a
u
iii
2
D
E
2
U
0
0
0
0
0
Cl)
'a
=
cy
Tavern/night club
P
P
P
P
P
P
P
Group Living
Assisted living/convalescent/nursing
home
P
P
P
PP
PP
Community residential facilities(6
residents or less)
P
PP
P
P
P
PP
Community residential facilities(greater
than 6 residents under 25)
P
P
P
PP
Dwelling,congregate
P
P
PP
P
industrial,Heavy
Assembly,heavy
P
Explosive storage
p
P
Hazardous waste treatment and storage
S
S
SVMC 21.40.060
Manufacturing, heavy
P
Power plant(excluding public utility
facilities)
P
Processing, heavy
P
Solid waste recycling/transfer site
p
P
Wrecking, junk and salvage yard
C
P
Industrial,Light
Assembly,light
P
P
P
P
P
P
P
Carpenter shop
P
P
P
P
Machine shop or metal fabrication
P
P
P
Manufacturing,light
p
P
P
Marijuana processing
S
S
S
S
SVMC 19.85
Ordinance 14-004
Page 6 of 7
Section 5. Duration. The interim zoning controls set forth in Ordinance No. 14-002 were
established and hereby remain in effect for six months from the date of Ordinance No. 14-002, unless
subsequently extended or reduced by subsequent action by the City Council pursuant to state law. The interim
zoning controls in this Ordinance shall be in effect for six months from the date of Ordinance No. 14-002,
unless subsequently extended or reduced by subsequent action by the City Council pursuant to state law.
Section 6. Ratification. Any act consistent with the authority set forth herein and prior to the
effective date of this Ordinance is hereby ratified and affirmed.
Section 7. Other sections unchanged. All other provisions of Appendix A and Title 19 SVMC
not specifically referenced hereto shall remain in hill force and effect,
Section S. Severability. If any section, sentence, clause or phrase of this Ordinance shall be held
to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this
Ordinance.
Section 9. Effective Date, This Ordinance shall be in full force and effect five days after
publication of this Ordinance or summary thereof in the official newspaper of the City of Spokane Valley as
provided by law.
Passed by the City Council this 22nd day of April,2014.
Dean Grafos,Mayo`
AE .
Aalimal6Lata,111. Arr. a
City Clerk, Christine Bainbridge
Approved as to Form:
'J
Off ce`i the City'•tto ey [,/ �
Date of Publication: Y `pR i) / /
Effective Date: V "3 g - d l
Ordinance 14-004 Page 7 of 7