Ordinance 14-008 Marijuana CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 14-008
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, ADOPTING 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
BUFFER ZONES BETWEEN RECREATIONAL MARIJUANA PRODUCTION,
PROCESSING, AND RETAIL USES AND UNDEVELOPED SCHOOL, LIBRARY AND
CERTAIN CITY PROPERTIES, AS WELL AS TRAILS, REPEALING INTERIM
DEVELOPMENT REGULATIONS ADOPTED PURSUANT TO ORDINANCES 14-002 AND
14-004,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 etseq; and
WHEREAS, on November 6, 2012,voters of the State of Washington approved Initiative Measure No.
502 (1-502), 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 Iaws 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, 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 36.70A.390, on February 11, 2014, City Council adopted Ordinance
No. 14-002 adopting interim development regulations adopting findings, adopting definitions for recreational
marijuana production, processing, and retail sales, adopting zoning for such marijuana uses, setting buffers
between recreational marijuana uses and the Centennial Trail, Appleway Trail, and vacant school and library
property, setting a public hearing, and setting a term for such interim regulations of six months; and
WHEREAS, pursuant to RCW 36.70A.390, on March 25, 2014, City Council conducted a public
hearing on the interim development regulations; and
WHEREAS, pursuant to RCW 36.70A.390, on April 22, 2014, City Council adopted Ordinance No.
14-004 adopting findings for the interim development regulations and adopting amendments to the interim
development regulations; and
WHEREAS, on May 20, 2014, the Washington State Department of Commerce was notified pursuant
to RCW 36.70A.106,providing a 60-day notice of intent to adopt amendments to Spokane Valley development
regulations;and
Ordinance 14-008 Page 1 of 9
WHEREAS, on June 12, 2014, the Planning Commission held a study session; and
WHEREAS, on June 6, 2014, and June 13, 2014, notice of the Planning Commission public hearing
was published in the Valley News Herald; and
WHEREAS, on June 26, 2014, the Planning Commission held a public hearing, received evidence,
information, public testimony, and a staff report with a recommendation followed by deliberations and
provided a recommendation; and
WHEREAS, on July 8,2014, City Council reviewed the proposed amendments; and
WHEREAS, on July 15,2014, City Council considered a first ordinance reading to adopt the proposed
amendments; and
WHEREAS, on July 22, 2014, City Council considered a second ordinance reading to adopt the
proposed amendments;and
WHEREAS, the amendments set forth below are consistent with the goals and policies of the City's
Comprehensive Plan; and
WHEREAS, the amendments below bear a substantial relation to the public health, safety, and welfare
and protection of the environment.
NOW,THEREFORE,the City Council of the City of Spokane Valley ordains as follows:
Section 1. Findings and Conclusions. The City Council acknowledges that the Planning
Commission conducted appropriate investigation and study, held a public hearing on the proposed
amendments and recommends approval of the amendments. The City Council has read and considered the
Planning Commission's findings. The City Council hereby makes and adopts the following findings and
conclusions:
A. Growth Management Act Policies — The Washington State Growth Management Act (GMA)
provides that each city shall adopt a comprehensive land use plan and development regulations that are
consistent with and implement the comprehensive plan.
B. Compliance with Spokane Valley Municipal Code(SVMC) 17.80.150(F):
1. The proposed amendments are consistent with the applicable provisions of the
Comprehensive Plan:
LUP-1.1: Maintain and protect the character of existing and future residential
neighborhoods through the development and enforcement of the City's land use
regulations and joint planning.
LUP-1.2: Protect residential areas from impacts of adjacent non-residential uses
and/or higher intensity uses through the development and enforcement of the City's
land use regulations and joint planning.
Land Use Goal LUP-10.2: Encourage a diverse array of industries to locate in
Spokane Valley.
Ordinance t4-008 Page 2of9
Economic Goal EDG-7: Maintain a regulatory environment that offers flexibility,
consistency, predictability and clear direction.
Economic Policy EDP-7.1: Evaluate, monitor and improve development standards to
promote compatibility between adjacent land uses; and update permitting processes to
ensure that they are equitable, cost-effective, and expeditious.
Economic Policy EDP-7.2: Review development regulations periodically to ensure
clarity, consistency and predictability.
Neighborhood Policy NP-2.1: Maintain and protect the character of existing and
future residential neighborhoods through the development and enforcement of the
City's land use regulations and joint planning.
2. The proposed amendments bear a substantial relation to the public health, safety, welfare,
and protection of the environment:
a. 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.
Raielr, 545 U.S. 1, 14 (2005), Controlled Substance Act (CSA), 84 Stat. 1242, 21 U.S.C.
801 of seq.
b. 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.
c. 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."
d. 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).
e. 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.
Ordinance 14-008 Page 3 of 9
f. 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.
g. The Centennial Trail and Appleway Trail are trails that are and will be regularly
used by the citizens of the City, including minors, and adopting the proposed amendments
will be consistent with the identified federal enforcement priorities and especially in
preventing the distribution of marijuana to minors.
h. AIlowing marijuana uses near undeveloped school, libraty, and certain City-
owned properties may create nonconforming uses when those properties are developed in
the future that would be inconsistent with the identified federal enforcement priorities.
i. 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.
j. 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 I-502 left in place the
normal powers of local governments to regulate within their jurisdictions."
k. 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.
1. Modifications to the recreational marijuana buffers and zoning established in
SVMC 19,85 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.
m. The proposed amendments will allow compliance with state law and allow
state-licensed recreational marijuana businesses to locate within the Spokane Valley while
separating such uses from identified sensitive uses and the City's existing and future
residential uses.
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,marijuana-infused products,and
marijuana concentrates,packaging and labeling useable marijuana,marijuana-infused products, and marijuana
concentrates for sale in retail outlets,and sale of useable marijuana, marijuana-infused products, and marijuana
concentrates at wholesale by a marijuana processor licensed by the State Liquor Control Board and in
Ordinance 14-008 Page 4 of 9
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 animals,use category."
Marijuana sales: Selling useable marijuana, marijuana-infused products, and marijuana concentrates 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.
xxx
Section 3. Amendment. SVMC 19.120.050 is hereby amended with the following additions:
Permitted Use Matrix
Residential Zone Commercial and Industrial Zone
Use Category/Type Supplemental Conditions
Districts Districts
R- R- R- R-MF-MF- I- I-
MUC CMU GO O NC C RC PIOS
1 2 3 4 1 2 1 2
Agriculture and
Animal
Animal
processing/handling
Animal raising and/or SSSS S S S S SVMC 19.40.150. Keeping of
keeping swine is prohibited
Animal shelter S P P SVMC 19,60.080(B)(6)
Beekeeping,
commercial
Beekeeping, hobby S S S SVMC 19.40.150(C)
Produce may be sold
Community garden SSSS S S S S S pursuant to RCW 36.71.090
as adopted or amended
Greenhouse/nursery, P P P P
commercial
Kennel S S S S S P P See zoning districts for
conditions
Marijuana production S S S S Chapter 19.85 SVMC
Orchard, tree farming, P P
commercial
Ordinance 14-008 Page 5 of 9
Permitted Use Matrix
Residential Zone Commercial and Industrial Zone
Use Category/Type Supplemental Conditions
Districts Districts
R- R-R- R-MF-MF- I- I-
MUC CMU GO 0 NC C RCP/OS
1 2 3 4 1 2 1 2
***
Industrial, Light
Assembly, light P P P P P P P
Carpenter shop P P P P
Machine shop or metal p P P
fabrication
Manufacturing, light P P P
Marijuana processing S S S S Chapter 19.85 SVMC
Plastic injection
molding, thermoplastic P P P P P P
Processing, light P P
Industrial Service
Carpet/rug cleaning, dry
cleaning, laundry, linen P P
supply plant,
commercial
Contractor's yard P P
Laboratories (bio safety P P P P
level 2)
***
Retail Sales
Antique store P P P P P
Retail sales may be
accessory in industrial
Appliance sales/service P P P P S S zones, only if
manufactured/assembled on
premises
Floor area limited to 10% of
Bakery, retail P P PPPPP S S gross leasable floor area
(GLFA) not to exceed 1,000
sq. ft.
Building supply and Floor area limited to 50,000
home improvement and P P S S P P P
hardware store sq, ft, or less
Candy and P P PPPPP P P
Ordinance 14-008 Page 6 of 9
Permitted Use Matrix
Residential Zone Commercial and Industrial Zone
Use Category/Type Supplemental Conditions
Districts Districts
R- R-R-R-MF-MF- 1- I-
MUC CMU GO 0 NC C RC PIOS
1 2 3 4 1 2 1 2
confectionery
Clothes retail sales P P P P P
Convenience store P P SSPPP P P SVMC 19.60.020
Department/variety Floor area limited to 50,000
store P P S P P sq. ft. or less
Educational and hobby P P PAPPP A A
store
Equipment sales, repair, P P P P P
and maintenance
Florist shop P P AAPPP P
Food sales,
specialty/butcher P P S P P ' SVMC 19.60.040(B)(3)
shop/meat
market/specialty foods
General sales/service P P A APPP P P
Gift shop P P A APPP A
Grocery store P P S P P SVMC 19.60.040(6)(3)
Office supply and
P P APPP P P
computer sales
Landscape materials
sales lot and P P P P P P
greenhouse, nursery,
garden center, retail
Manufactured home P P P
sales
Mariluana sales S S S S Chapter 19.85 SVMC
Market, outdoor P P PP P P
Ordinance 14-008 Page 7 of 9
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,
measured from the nearest property line of the marijuana production facility to the nearest property line of any
one or more of the following uses:
1. Vacant or undeveloped parcels owned by public school districts as established in RCW Title 28A;
2. Vacant or undeveloped parcels owned by public library districts as established in Chapter 27.12
RCW;
3. Vacant or undeveloped parcels leased or owned by the City; provided the following shall be
excluded from consideration under this section: (a) any stormwater facility or right-of-way parcels
owned or leased by the City and designated or identified as a stormwater facility or right-of-way in any
document,plan or program adopted by the City Council, and(b)the Appleway Trail; or
4. (a) Any facility, building, campus, or collection of buildings designated or identified in any
document, plan, or program adopted by the City Council as "Spokane Valley City Hall" or other
similar term that identifies such facilities, buildings, campus, or collection of buildings as the City's
primary administrative and legislative location, or(b) CenterPlace.
B. Marijuana production in the regional commercial and community commercial zones shall only be permitted
indoors.
19.85.020 Marijuana processing standards.
A. Marijuana processing shall be located or maintained at least 1,000 feet from the nearest property line,
measured from the nearest property line of the marijuana processing facility to the nearest property line of any
one or more of the following uses:
1. Vacant or undeveloped parcels owned by public school districts as established in RCW Title 28A;
2. Vacant or undeveloped parcels owned by public library districts as established in Chapter 27.12
RCW;
3. Vacant or undeveloped parcels leased or owned by the City; provided the following shall be
excluded from consideration under this section: (a) any stormwater facility or right-of-way parcels
owned or leased by the City and designated or identified as a stormwater facility or right-of-way in any
document, plan or program adopted by the City Council, and(b)the Appleway Trail; or
4. (a) Any facility, building, campus, or collection of buildings designated or identified in any
document, plan, or program adopted by the City Council as "Spokane Valley City Hall" or other
similar term that identifies such facilities, buildings, campus, or collection of buildings as the City's
primary administrative and legislative location,or(b)CenterPIace.
B. Marijuana processing in the regional commercial and community commercial zones shall be limited to
packaging and labeling of useable marijuana.
Ordinance 14-008 Page 8 of 9
19.85.030 Marijuana retail sales standards.
Marijuana sales shall be located or maintained at least 1,000 feet from the nearest property line,measured from
the nearest property line of the marijuana sales facility to the nearest property line of any one or more of the
following uses:
A. Centennial Trail;
B. Appleway Trail;
C. Vacant or undeveloped parcels owned by public school districts as established in RCW Title 28A;
D. Vacant or undeveloped parcels owned by public library districts as established in Chapter 27.12 RCW;
1
E. Vacant or undeveloped parcels leased or owned by the City; provided any stormwater facility or right-of-
way parcels owned or leased by the City and designated or identified as a stormwater facility or right-of-way
in any document, plan or program adopted by the City Council shall be excluded from consideration under this
section; or
F. (1)Any facility,building, campus, or collection of buildings designated or identified in any document,plan,
or program adopted by the City Council as "Spokane Valley City Hall" or other similar term that identifies
such facilities,buildings, campus, or collection of buildings as the City's primary administrative and legislative
location, or(2)CenterPlace.
Section 5. Interim Development Regulations Repealed. The interim development regulations
adopted pursuant to Ordinance Nos. 14-002 and 14-004 are hereby repealed and shall be without any force or
effect as of the effective date of this Ordinance.
Section 6. 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 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. 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 22"day of July, 2014.
r
Dean Grafos,Mayor /0°.---
`-ty Cler , Christine Bainbridg-
A roved asrt orm: '? '
All Date of Publication: /,
/' r - Effective Date: i,,., 111
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Office o'the City Attorney
Ordinance 14-008 Page 9 of 9