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Ordinance 14-002 Interim Marijuana regs CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 14-002 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING INTERIM DEVELOPMENT AMENDMENTS TO SPOKANE VALLEY MUNICIPAL CODE APPENDIX A, SPOKANE VALLEY MUNICIPAL CODE SECTION 19.120.010, AND ADOPTING CHAPTER 19.85 OF THE SPOKANE VALLEY MUNICIPAL CODE TO ESTABLISH ZONING FOR RECREATIONAL MARIJUANA USES, TO ESTABLISH INTERIM BUFFER ZONES BETWEEN RECREATIONAL MARIJUANA PRODUCTION, PROCESSING, AND RETAIL USES AND TRAILS, SCHOOLS, AND LIBRARY PROPERTIES, AND OTHER MATTERS RELATING THERETO. WHEREAS, 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; and WHEREAS, 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) decriminalized 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; and WHEREAS, 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;"and WHEREAS, 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); and WHEREAS, pursuant to the rules established in chapter 314-55 WAC, the LCB opened a 30-day application period and is currently processing license applications received for marijuana producer, processor, and retailer licenses; and WHEREAS, 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; and Ordinance 14-002 Page 1 of 6 WHEREAS, 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; and WHEREAS, 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; and WHEREAS, 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; and WHEREAS, 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 herein will be consistent with the identified federal enforcement priorities and especially in preventing the distribution of marijuana to minors; and 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 "[although 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;"and WHEREAS, the City Council finds and determines that I-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; 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 Ordinance 14-002 Page 2 of 6 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 WAC 197-11-880, the adoption of this Ordinance is exempt from the requirements of a threshold determination under the State Environmental Policy Act; and WHEREAS, the City Council finds that the land use limitations and buffering requirements 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. The City Council hereby adopts the above recitals as findings of fact in support of this Ordinance. Section 2. Amendment. Appendix A of the SVMC is hereby amended with the following additions,to be added alphabetically: Manufacturing,petroleum and coal products: The manufacture of asphalt paving,roofing and coating and petroleum refining. Marijuana processing: Processing marijuana into useable marijuana and marijuana-infused products, packaging and labeling useable marijuana and marijuana-infused products for sale in retail outlets,and sale of useable marijuana, and marijuana-infused products at wholesale by a marijuana processor licensed by the State liquor control board and in accordance with the provisions of chapter 69.50 RCW, as now adopted or hereafter amended. See industrial(light), use category. Marijuana production: Production and sale of marijuana at wholesale by a marijuana producer licensed by the State liquor control board and in accordance with the provisions of chapter 69.50 RCW, as now adopted or hereafter amended. See agricultural and animal, use category. Marijuana sales: Selling useable marijuana and marijuana-infused products in a retail outlet by a marijuana retailer licensed by the State liquor control board and in accordance with the provisions of chapter 69.50 RCW, as now adopted or hereafter amended. See retail sales,use category. Market, outdoor: A temporary or seasonal location where produce and agricultural products including,but not limited to,pumpkins, Christmas trees and firewood, as well as crafts and other items are offered for sale to the public. Section 3. Amendment. SVMC 19.120.010 is hereby amended with the following additions, to be added alphabetically: Ordinance 14-002 Page 3 of 6 R- 1 R- 2 R- 3 R- 4 MF- 1 MF- 2 NAICS Schedule of Permitted Uses Appendix 19-A Mixed Use Center Corridor Mixed Use Garden Office Office Neighborhood Commercial Community Commercial Regional Commercial Parks/Open Space I-1 Light End. 1-2 Heavy Ind. Reference Conditions 33995 Sign manufacturing/repair P P 32561 Soap and cleaning compound manufacturing p 31411 Textile manufacturing P P 56292 Tire, recap and retread manufacturing p 321 Wood product manufacturing P P Marijuana processing S S S S SVMC 19.85 MarBuanaproduction S — S — 19 85 19.85 Marijuana sales S — S S — S — SVMC 19.85 453998 Market,outdoor P P P P P P 621498 Massage therapy P P P P p p p 3116— 3117 Meat/fish canning,cutting, curing and smoking P P 42345 Medical,dental,and hospital equipment supply/sales P P P P P 6214 Medical/dental clinic P P P P P P P 621 Medical/dental office P P P P P P P 332 Metal fabrication P P 332 Metal plating P Ordinance 14-002 Page 4 of 6 Section 4. Adoption. That SVMC Title 19 be amended by adding a new chapter, to be designated "19.85"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)through(4) 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. Centennial Trail; 2. All proposed,contemplated, and constructed multi-use trail and linear park uses on the Milwaukee Right-of-Way, as identified and contemplated in the Interlocal Agreement between Spokane County and the City of Spokane Valley, dated June 27, 2012; 3.Vacant or undeveloped parcels owned by public school districts as established in Title 28A RCW; and 4.Vacant or undeveloped parcels owned by public library districts as established in chapter 27.12 RCW. B. Marijuana production in the regional commercial and community commercial zones shall only be permitted indoors. 19.85.020—Marijuana Processing Standards. Marijuana processing shall be located or maintained at least 1,000 feet from the nearest property line of the use listed in subsections(A)through (D) 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: A. Centennial Trail; B. All proposed, contemplated, and constructed multi-use trail and linear park uses on the Milwaukee Right-of-Way, as identified and contemplated in the Interlocal Agreement between Spokane County and the City of Spokane Valley, dated June 27,2012; C.Vacant or undeveloped parcels owned by public school districts as established in Title 28A RCW; and D.Vacant or undeveloped parcels owned by public library districts as established in chapter 27.12 RCW. 19.85.030—Marijuana Retail Sales Standards. Marijuana sales shall be located or maintained at least 1,000 feet from the nearest property line of the use listed in subsections (A)through(D)of this section. Distance shall be measured from the nearest property line of the marijuana sales to the nearest property line of the following uses: A. Centennial Trail; B.All proposed, contemplated, and constructed multi-use trail and linear park uses on the Milwaukee Right-of-Way, as identified and contemplated in the Interlocal Agreement between Spokane County and the City of Spokane Valley, dated June 27,2012; Ordinance 14-002 Page 5 of 6 C.Vacant or undeveloped parcels owned by public school districts as established in Title 28A RCW; and D. Vacant or undeveloped parcels owned by public library districts as established in chapter 27.12 RCW. Section 5. Public Hearing. Pursuant to RCW 35A.63.220 and 36.70A.390, the City Council shall conduct a public hearing on March 25,2014. Section 6. Duration. The interim zoning control set forth in this Ordinance shall be in effect for six months from the date of this Ordinance, unless subsequently extended or reduced by subsequent action by the City Council pursuant to state law. Section 7. 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 8. Other sections unchanged. All other provisions of Appendix A and Title 19 SVMC not specifically referenced hereto shall remain in full force and effect. Section 9. 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 10. 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 11th day of February, 2014. Dean Grafos, Mayor A E57 . City Clerk,Christine Bainbridge Approved as to Form: Office the City Atorney r Date of Publication: gg Effective Date: Z - /9 - CW Ordinance 14-002 Page 6 of 6