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HomeMy WebLinkAboutOrdinance 26-004 Emergency Interim Ordinance Reclassifying Marijuana Retail Sales Uses as NonconformingCITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO.26-004 AN EMERGENCY INTERIM ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING TITLE 19 OF THE SPOKANE VALLEY MUNICIPAL CODE TO RECLASSIFY MARIJUANA RETAIL SALES USES AS NONCONFORMING UNTIL FURTHER EVALUATION IN CONJUNCTION WITH THE CITY'S COMPREHENSIVE PLAN AMENDMENT PROCESS, AND OTHER MATTERS RELATING THERETO. WHEREAS, the City of Spokane Valley ("City") is a noncharter code city established in accordance with Title 35A of the Revised Code of Washington ("RCW"). WHEREAS, pursuant to Article 11, Section 11 of the Washington Constitution, the City of Spokane Valley ("City") 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, in 2012, voters of the State of Washington approved Initiative Measure No. 502 ("1-502"), which decriminalized possession and use of certain amounts of marijuana, and established a licensing system for producers, processors, and retailers of recreational marijuana for adults 21 years of age and older; and WHEREAS, the City regulates marijuana land uses in chapter 19.85 of the Spokane Valley Municipal Code ("SVMC"), and the permitted use matrix in SVMC 19.60.050; and WHEREAS, the City's current regulations state that "[m]arijuana sales uses in existence and in continuous and lawful operation prior to July 27, 2016, shall not be deemed nonconforming and shall be permitted as a legal use...."; and WHEREAS, the City is currently in the middle of reviewing its Comprehensive Plan and completing the City's Periodic Update; and WHEREAS, as part of that review, the Planning Commission and City Council will be reviewing appropriate zoning designations and the specific uses allowed in each zone; and WHEREAS, studies have shown that for young adults, "nearby availability of cannabis retail outlets is associated with a higher likelihood of cannabis use and perception of access to cannabis."1; and 1 Rhew, I. C., Guttmannova, K., Kilmer, J. R., Fleming, C. B., Hultgren, B. A., Hurvitz, P. M., Dilley, J. A., & Larimer, M. E. (2022). Associations of cannabis retail outlet availability and neighborhood disadvantage with cannabis use and related risk factors among young adults in Washington State. Drug and alcohol dependence, 232, 109332. https://doi.org/10.1016/j.drugalcdep.2022,109332 Ordinance 26-004 Page 1 of 10 WHEREAS, City Council finds that Washington state's most prominent cannabis researchers at the University of Washington and Washington State University released a consensus statement about the public health risks posed by high THC products. 2 That statement summarizes the best available science: "There is strong evidence on the detrimental impact of THC use during adolescence (14-18 years of age), and negative impact may be higher for adolescents who use cannabis with high THC concentration or use more frequently. Use of cannabis with high THC concentration increases the chances of developing cannabis use disorder or addiction to cannabis, particularly among adolescents. High -potency cannabis use can have lifelong mental health consequences, which often manifest in adolescence or early adulthood. Daily cannabis use, particularly of high -potency products, increases the risk of developing a psychotic disorder, like schizophrenia, and is related to an earlier onset of symptoms compared to people who do not use cannabis."; and WHEREAS, in 2022, at the direction of the state legislature, the Addictions, Drug, and Alcohol Institute at the University of Washington completed a report that made science -backed policy recommendations to stem the tide of public health harms associated with high THC products.3 These recommendations included prohibiting marketing and advertising of high THC products, raising the legal age for purchasing high THC products to 25 years old, and a robust education campaign regarding the risks posed by such products; and WHEREAS, recent research found that "[a]dolescents who reported more positive outcome beliefs about marijuana and perceived close proximity to marijuana retailers were the most likely to report intentions to use marijuana[,]" and suggests, among other strategies, considering "the proximity of marijuana retailers to neighborhoods or living complexes[,]" when adopting land use regulations 4 ; and WHEREAS, proposed Senate Bill 6220 in the 2024 Regular Session would have required the Liquor and Cannabis Board to define high THC concentration by July 1, 2026 and would have raised the minimum age for purchasing cannabis products containing high THC concentration to 25, but was ultimately not adopted; and WHEREAS, the City Council wishes to conduct further review of the areas in which marijuana retail sales are currently allowed within the jurisdiction, to determine whether current policy should be modified given the association between residing in proximity to a marijuana retail 2 PRSC Cannabis Concentration Workgroup (2020). Cannabis Concentration and Health Risks: A Report for the Washington State Prevention Research Subcommittee (PRSC). Seattle, WA: University of Washington. https:Hadai. uw.edu/Cannabi s-Concentration-and-Health-Risks-2020.pdf 3 High THC concentration cannabis policy — Final Report, Exploring policy solutions to address public health challenges of high THC products. Washington State Health Care Authority and the Addictions, Drug & Alcohol Institute, University of Washington. December 31, 2022. hMs://adai.uw.edu/wordpress/wp-content/uploads/Hig_h- THC-Pol icy-Final-Report-2022.pdf 4 Stacey J.T. Hust, Jessica Fitts Willoughby, Jiayu Li & Leticia Couto (2020) Youth's Proximity to Marijuana Retailers and Advertisements: Factors Associated with Washington State Adolescents' Intentions to Use Marijuana, Journal of Health Communication, 25:7, 594-603, DOI 10.1080/10810730.202.1825568. Ordinance 26-004 Page 2 of 10 establishment and increased risk of adolescent marijuana use, and the serious harm that marijuana use can pose to adolescents; and WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 authorize the City Council to enact an interim land use regulation prior to holding a public hearing, provided the City conducts a public hearing on the interim regulation within 60 days of the date of adoption of the same; and WHEREAS, pursuant to WAC 197-11-880, the adoption of this interim land use ordinance is exempt from the requirements of a threshold determination under the State Environmental Policy Act (SEPA) and future permanent zoning regulations will be reviewed in accordance with SEPA Rules; and WHEREAS, due to the review underway via the Comprehensive Plan and the potential for changes to zoning districts, the City Council finds that this ordinance to prevent retail sales uses being established in new locations is necessary for the immediate preservation of the public health, public safety, public property, and public peace. NOW, THEREFORE, the City Council of the City of Spokane Valley do ordain as follows: Section 1. Preliminary Findings. The City Council hereby adopts the above recitals as findings of fact in support of this Ordinance. Section 2. Interim Amendment Adopted. Based on the adopted findings, the City Council hereby declares an emergency and adopts the interim amendments to Title 19 SVMC as provided in Exhibit A. This temporary interim amendment is adopted pursuant to RCW 35A.63.220 and RCW 36.70A.390. Section 3. Public Hearing. Pursuant to RCW 35A.63.220, the City Council shall conduct a public hearing on this interim amendment on March 17, 2026, at 6:00 p.m., or as soon thereafter as the matter may be heard, to hear and consider the comments and testimony of those wishing to speak at such public hearing regarding the interim amendment set forth in this Ordinance. The hearing will take place at the City of Spokane Valley City Hall in City Council Chambers, 10210 East Sprague Avenue, Spokane Valley, 99206. Immediately after conducting the public hearing, the City Council shall adopt findings of fact on the subject of this interim amendment and either justify the continued adoption of the interim amendment, cancel the interim amendment, or modify the interim amendment as determined necessary. Section 4. Work Plan. The following work plan is adopted to address the issues involving the City's regulation of marijuana retail sales uses: A. City staff shall provide information and a draft ordinance to the Planning Commission for consideration. The draft ordinance will undergo SEPA review, and the Planning Commission shall hold public hearings and meetings to receive and consider statements, testimony, positions, documentation, or other evidence related to the public health, safety, and welfare of marijuana retail sales uses in the City. This work shall Ordinance 26-004 Page 3 of 10 be considered along with and in anticipation of changes to the Comprehensive Plan. This review shall consider the harm to adolescents associated with residing in proximity to retail marijuana sales uses. Based on their review and study, the Planning Commission will make a recommendation as to the final marijuana retail sales regulations and forward said recommendation to City Council. Section 5. Duration. The interim amendments set forth in this Ordinance shall be in effect as of the date of this Ordinance and shall continue in effect 365 days from the date of this Ordinance, unless repealed, extended, or modified by the City Council after subsequent public hearing(s) and entry of appropriate findings of fact, pursuant to RCW 35A.63.220. 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. 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 8. Declaration of Emergency, Effective Date. The City Council hereby declares this Ordinance is in response to a public emergency and it is necessary for the protection of public health, public safety, public property, and public peace of the citizens, especially vulnerable and impressionable adolescents to amend Title 19 SVMC to prohibit the relocation of any existing retail marijuana sales uses until further study can be completed by reclassifying marijuana retail sales uses as legal nonconforming. This Ordinance does not affect existing vested rights, nor does it prohibit currently established marijuana retail sales uses from continuing operation within the City as provided by the lawful nonconforming use regulations in chapter 19.25 SVMC. Based on the adopted findings and declaration of emergency stated herein, this Ordinance shall take effect immediately upon adoption by the City Council. Passed by the City Council this 3rd day of February, 2026. Laura Padden, Mayor ATTEST: City C rk, Marci Patterson Approved as to Form: 1141 f4Z � r � O fice o e City ttorney Ordinance 26-004 Page 4 of 10 EXHIBIT "A" 19.60.050 Permitted uses matrix. Residential Mixed Use Commercial Industrial Parks and Open Space R-1 R-2 R-3 R-4 MFR MU CMU NC RC IMU I POS Agriculture and Animal Animal processing/handling P Animal raising and/or keeping S S S S S S S Animal shelter S P P Beekeeping, commercial P Beekeeping, hobby S S S S Community garden S S S S S S S S Greenhouse/nursery, commercial P P P Kennel S S S S P P Orchard, tree farming, commercial P P Riding stable P P C Communication Facilities Radio/TV broadcasting studio P P P P Repeater facility P P P P P P P P P Small cell deployment S S S S S S S S S S S S Telecommunication wireless antenna array S S S S S S S S S S S Telecommunication wireless Support tower S S S S S S S S S S S Tower, ham operator S S S S S S S S S S S Community Services Comununity hall, club, or lodge P P P P P P P P Church, temple, mosque, synagogue and house of worship P P P P P P P P P Crematory P P P P Emergency housing S S S S S Emergency shelter S S S S S Funeral hmne P P Permanent supportive housing S S S S S S S S S S S Ordinance 26-004 Page 5 of 10 Residential Mixed Use Commercial Industrial Parks and Open Space R-I R-2 R-3 R-4 MPR MU CMU NC RC IMU I POS Transitional housing S S S S S S S S S S S Transitional parking S S S S S Day Care Day care, adult P P P P P P P P P P P Day care, child (12 children or fewer) P P P P P P P P P P P Day care, child (13 children or more) C C C C P P P P P P P Eating and Drinking Establishment P P P P P P S Education Schools, college or university P P P Schools, K through 12 P P P P P P P P P Schools, professional, vocational and trade schools P P P P P P Schools, specialized train ing/studins P P P P Entertainment Adult entertainment and retail S Casino P P P Cultural facilities P P P P Exercise facility S S S S Off -road recreational vehicle use P P Major event entertainment P P P Racecourse P P P P Racetrack P P Recreational facility P P P P P P Theater, indoor P P P Group Living Assisted living/convalescent/ nursing ]ionic P P P P Community residential facilities (8* residents or less) P P P P P P P Community residential facilities (greater than 8* and under 25 residents) P P P Dwelling, congregate P P P Industrial, Heavy Ordinance 26-004 Page 6 of 10 Residential Mixed Use Commercial Industrial Parks and Open Space R-1 R-2 R-3 R-4 MT'R MU CMU NC RC IMU I POS Assembly, heavy P Hazardous waste treatment and storage S S Manufacturing, heavy P Processing, heavy P Mining S Industrial, Light Assembly, light P P P P P Manufacturing, light P P P Processing, light P P Recycling facility S S S S Industrial service P P Lodging Bed and breakfast P P P P P P Hotel/motel P P P P S Recreational vehicle park/campground S Marijuana Uses Marijuana club or lounge Marijuana cooperative Marijuana processing S S Marijuana production S S Marijuana sales S S S S Medical S P P P P P Office Animal clinic/veterinary S S S S S Office, professional P P P P P P P Parks and Open Space Cemetery P P P P Golf course P P P P P P P P P Golf driving range C C C C C P C P P P Parks P P P P P P P P P P Ordinance 26-004 Page 7 of 10 Residential Mixed Use Commercial Industrial Parks and Open Space R-I R-2 R-3 R-4 MFR NIU Cb4U NC RC IMU I POS Public/Quasi-Public Community facilities P P P P P P P P P P P P Essential public facilities" E E E E E E E E E E E Public utility local distribution facility S S S S S S S S P P P S Public utility transmission facility S S S S S S S S S S S S Tower, wind turbine support S S S S Residential Dwelling, accessory units S S S S S S S S S Dwelling, caretaker's residence S S S S S Dwelling, cottage S S S S Dwelling, duplex S P P S S Dwelling, industrial accessory dwelling unit S S Dwelling, multifamily P P P Dwelling, single-family P P P P P P P P Dwelling, townhouse S S S S S Manufactured home park S S S Retail Sales and Service P P S P P S S Transportation Airstrip, private P P Battery charging stations S S S S P P P P P P P S Electric vehicle infrastructure P P P P P P P P Heliport P P Helistop C C P Parking facility— controlled access P P P P P Railroad yard, repair shop and roundhouse P Transit center P P P P P Vehicle Services Automobile impound yard P P Automobile/taxi rental P P P P P Ordinance 26-004 Page 8 of 10 Residential Mixed Use Commercial Industrial Parks and Open Space R-1 R-2 R-3 R-4 NIFR MU CNIU NC RC IMU I POS Automobile parts, accessories and tires P P P P P Automobile/truck/RV/ motorcycle painting, repair, body and fender works P P P P Car wash P P S P P P Farm machinery sales and repair P P P Fueling station P P S P P P Heavy truck and industrial vehicles sales, rental, repair and maintenance P P Passenger vehicle, boat, and RV sales, service and repair P P P Towing P P P P Truck stop P P Warehouse, Wholesale, and Freight Movement Auction house P P P Auction yard (excluding livestock) P P Catalog and mail order houses P P P P P Cold storage/food locker P P Freight forwarding P P Grain elevator P P Storage, general indoor P P S P P P Storage, general outdoor S S S S P P Storage, self-service facility P P P P P P Tank storage, critical material above ground S S Tank storage, critical material below ground S S S Tank storage, LPG above ground S S S S S S Warehouse P P P P P Wholesale business P P P P P 19.85.030 Marijuana retail sales standards. A. -New marijuana retail sales shall not be permitted within any zoning districts. Any marijuana retail sales use lawfully operating within the City as of February 3 2026 shall be deemed a legal nonconforming use and allowed to continue subiect to the regulations of chapter 19.25 SVMC. Ordinance 26-004 Page 9 of 10 in in lawful to ittly 27, 2016, shall not be Mar�uana sales uses existence and continuous and operation prior- legalB. H-Feewned- nonconforming and shall be permitted as a following: mar�uana sales shall b-e le-eatedd nor maintained at least feet fr-em the nearest property line, measured from the nearest proper-Py line 0 the mar�uana sales facility to the nearest property line of an), one oF more of following000 the uses: 1 Centennial 2A pplo., ay Trail; T ail• by districts as established in RGW Title 3. Vaeant oi- undeveloped parcels owned public by school likary distriets established e in Chapter 27.12 RCW-; Vacant or undeveloped paFeels owned public !eased City;4. as by the any ster-inwater facility or Fight of wa5 5. Vacant or undeveloped !eased by parcels or owned Gity designated provided identified stormwater i faeility or right ofA i pai-cels owned or the and or as a ' I document, plan,or progi-arn building designated identified in document, or a. Any facility ccSpolcane or City Hall" or tenn that any plan,6. identifies facilities or prograin buildings as the City's Valley administrative 1, Gente •n�c d legislative oF etheF similar location; • o such pr-i!HaD' Ordinance 26-004 Page 10 of 10