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HomeMy WebLinkAboutPermit PL13-032 - CITY OF TUKWILA - MEDICAL MARIJUANA CODE AMENDMENTSTMC AMENDMENTS MEDICAL MARIJUANA COMPREHENSIVE PLAN COMPREHENSIVE LAND USE PLAN CITY WIDE PL13-032 L13-035 ZONING CODE AMENDMENT E13-013 SEPA REVIEW L15-0007 ZONING ORDINANCE '` ZONING ORDINANCE v'''' COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayors review Council review 08/10/15 NG 8/10/15 111 08/17/15 NG ❑ Bid Award Mtg Date l ❑ Other Mtg Date At Date Mtg Date 8/17/15 Mtg Date 8/10/15 SPONSOR ❑ Council ❑ Mayor ❑ HR L DCD • Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ PW SPONSOR'S State marijuana regulations and the scope of local control over medical marijuana uses SUMMARY have been significantly changed by two recently adopted bills. In response Tukwila is proposing to end its moratorium on collective gardens and dispensaries and adopt amendments to its Zoning Code regulations regarding marijuana uses. Council is being asked to consider and approve the ordinance and repeal the existing moratorium. REVIEWLED BY ❑ COW Mtg. ❑ Utilities Cmte DAb: 6/22 0 ITEM INFORMATION ITEM NO. 6.A. 25 STAFF SPONSOR: RACHEL TURPIN ORIG INAI., AGENDA DATE: 8/10/15 AGENDA ITEM TITLE Medical Marijuana Zoning Ordinance CATEGORY ISI Discussion 8/10/15 ❑ Motion Mtg Date ❑ Resolution Mtg Date // Ordinance ❑ Bid Award Mtg Date ►, Public Hearing ❑ Other Mtg Date At Date Mtg Date 8/17/15 Mtg Date 8/10/15 SPONSOR ❑ Council ❑ Mayor ❑ HR L DCD • Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ PW SPONSOR'S State marijuana regulations and the scope of local control over medical marijuana uses SUMMARY have been significantly changed by two recently adopted bills. In response Tukwila is proposing to end its moratorium on collective gardens and dispensaries and adopt amendments to its Zoning Code regulations regarding marijuana uses. Council is being asked to consider and approve the ordinance and repeal the existing moratorium. REVIEWLED BY ❑ COW Mtg. ❑ Utilities Cmte DAb: 6/22 0 CA&P Cmte ❑ F&S Cmte ❑ Parks Comm. COMMITTEE CHAIR: SEAL ❑ Transportation Cmte ❑ Arts Comm. & 7/13 CAP & 7/23 PC ►1 Planning Comm. RECOMMENDATIONS: SPONSOR/ADMIN. CommyrriEE Department of Community Development Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 so Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 8/10/15 Forward to next Regular Meeting, as amended, with follow-up by DCD Deputy Directo MTG. DATE ATTACHMENTS 8/10/15 Informational Memorandum dated 7/31/15 A. Ordinance in Draft Form B. Summary of Cannabis Patient Protection Act SSB 5052 Minutes from the Community Affairs and Parks Committee meeting of 6/22/15 Minutes from the Community Affairs and Parks Committee meeting of 7/13/15 Minutes from the Planning Commission meeting of 7/23/15 8/17/15 Ordinance in strike-thru underlined format 25 FT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES RELATING TO LAND USE AND ZONING AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTIONS 18.06.552, 18.06.553, 18.06.554, 18.06.556, 18.41.020 AND 18.50.210; ADOPTING ZONING RESTRICTIONS ON THE PRODUCTION, PROCESSING, AND RETAILING OF MARIJUANA USES; DESCRIBING THE LAND USE IMPACTS TRIGGERING SUCH RESTRICTIONS; ADDING THE TUKWILA SOUTH OVERLAY AS A PERMITTED ZONE FOR MARIJUANA USES; ESTABLISHING PROCEDURES FOR ENFORCEMENT OF VIOLATIONS INCLUDING ABATEMENT OF MARIJUANA NUISANCES; REPEALING ORDINANCE NO. 2475, WHICH ESTABLISHED THE MORATORIUM ON MEDICAL CANNABIS COLLECTIVE GARDENS OR DISPENSARIES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, since 1970, federal law has prohibited the manufacture and possession of marijuana as a Schedule 1 drug, based on the federal government's medical use, and absence of any accepted safety for use in medically supervised ,, 84 Stat. 1242, 21 U.S.C. 801 et seq; and WHEREAS, Initiative 502 directed the Washington State Liquor Control Board (WSLCB) to develop rules and regulations to: 1. Determine the number of producers, processors and retailers of marijuana by county; 2. Develop licensing and other regulatory measures; 3. Issue licenses to producers, processors, and retailers at locations which comply with the Initiative's distancing requirements prohibiting such uses within 1,000 feet of schools and other designated public facilities; and W: Word Processing\Ordinances\Zoning for production -processing -retailing of marijuana uses 8-12-15 strike-thru NG:bjs Page 1 of 11 27 4. Establish a process for the City to comment prior to the issuance of such licenses; and WHEREAS, on April 24, 2015, 2SSB 5052 was approved revising the framework under which medical marijuana producers, processors, and retailers can operate and become licensed by the State of Washington; and WHEREAS, the WSLCB has adopted regulations for recreational marijuana and begun issuance of marijuana producer, processor and retail licenses to qualified applicants; and WHEREAS, 2SSB 5052 has established a medical marijuana endorsement to permit a licensed recreational marijuana retailer to also sell marijuana for medical use to qualifying patients and designated providers; and WHEREAS, 2SSB 5052 has directed the now renamed Washington State Liquor and Cannabis Board to develop and maintain a secure and confidential medical marijuana authorization database of patients and designated providers; and WHEREAS, 2SSB 5052 will repeal authorization for collective gardens on July 1, 2016; and WHEREAS, 2SSB 5052 authorizes qualifying patients to grow a limited number of medical marijuana plants in their own domicile; and WHEREAS, 2ESSHB 2136 allows cities to adopt locational restrictions and to fully prohibit medical marijuana cooperatives as described in 2SSB 5052 and 2ESSHB 2136; and WHEREAS, the City Council wishes to clarify that the manufacture, production, processing, retailing, possession, transportation, delivery, dispensing, application, or administration of marijuana must comply with all applicable City laws, and that compliance with City laws does not constitute an exemption from compliance with applicable state and federal regulations; and WHEREAS, the City of Tukwila believes that the health, safety, and welfare of the community is best served by excluding from certain zones any commercial production, processing, selling or delivery of marijuana; and WHEREAS, the City of Tukwila adopted Ordinance No. 2475, imposing a moratorium on medical cannabis collective gardens or dispensaries while zoning for said uses is established; and W: Word Processing\Ordinances\Zoning for production -processing -retailing of marijuana uses 8-12-15 strike-thru NG:bjs Page 2 of 11 28 WHEREAS, Ordinance No. 2475 requires formal action by the City Council to terminate the moratorium; and WHEREAS, the City Council studied the land use and other secondary impacts of recreational marijuana use, and adopted Ordinance No. 2407 authorizing recreational marijuana producers, processors and retailers within specific zoning districts to address these impacts; and WHEREAS, the City Council finds that no additional land use or secondary impacts are expected due to the expansion of the recreational marijuana industry to include medical marijuana, per regulations to be developed by the Washington State Liquor and Cannabis Board; and WHEREAS, the State Environmental Policy Act (SEPA) Responsible Official issued an addendum for this draft ordinance to the environmental review conducted for Ordinance No. 2407 on June 25, 2015; and WHEREAS, on July 23, 2015, the Planning Commission held a public hearing on the draft zoning ordinance; and WHEREAS, the Planning Commission recommended approval of the draft zoning ordinance to the City Council; and WHEREAS, on August 10, 2015, the City Council held a hearing on the draft zoning ordinance, after proper notice, during its regular meeting; and WHEREAS, the City Council, after due consideration, believes that certain amendments to the City's Zoning Code are necessary; and WHEREAS, the City Council decided to adopt a zoning ordinance and to formally repeal the moratorium on medical cannabis collective gardens or dispensaries (Ordinance No. 2475); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Formal Repeal of Moratorium. Ordinance No. 2475, a moratorium on the establishment of medical cannabis collective gardens or dispensaries, is hereby repealed. Section 2. New Definition. A new section is hereby added to Tukwila Municipal Code (TMC) Chapter 18.06, "Definitions," as follows: W: Word Processing\Ordinances\Zoning for production -processing -retailing of marijuana uses 8-12-15 strike-thru NG:bjs Page 3 of 11 29 Marijuana Concentrates "Marijuana concentrates" is as defined under RCW 69.50.101. Section 3. TMC Section 18.06.552 Amended. Ordinance No. 2407 §3, as codified at TMC Section 18.06.552, is hereby amended to read as follows: Marijuana Processor "Marijuana processor" means a person licensed by the state Liquor and Cannabis Board to process marijuana, whether medical or recreational, into marijuana concentrates, useable marijuana and marijuana -infused products; package and label marijuana concentrates, useable marijuana and marijuana -infused products for sale in retail outlets; and sell marijuana concentrates, useable marijuana and marijuana -infused products at wholesale to marijuana retailers. Section 4. TMC Section 18.06.553 Amended. Ordinance No. 2407 §4, as codified at TMC Section 18.06.553, is hereby amended to read as follows: Marijuana Producer "Marijuana producer" means a person licensed by the state Liquor and Cannabis Board to produce and sell marijuana, whether medical or recreational, at wholesale to marijuana processors and other marijuana producers. Section 5. TMC Section 18.06.554 Amended. Ordinance No. 2407 §5, as codified at TMC Section 18.06.554, is hereby amended to read as follows: Marijuana Retailer "Marijuana retailer" means a person licensed by the state Liquor and Cannabis Board to sell marijuana concentrates, useable marijuana, and marijuana -infused products in a retail outlet, for either recreational or medical use. Section 6. TMC Section 18.06.556 Amended. Ordinance No. 2407 §6, as codified at TMC Section 18.06.556, is hereby amended to read as follows: Marijuana -infused Products "Marijuana -infused products" means products that contain marijuana or marijuana extracts; are intended for human use, whether medical or recreational; and have a THC concentration no greater than 10 percent within the limits set forth in RCW 69.50.101. The term "marijuana -infused products" does not include either useable marijuana or marijuana concentrates. W: Word Processing\OrdinanceslZoning for production -processing -retailing of marijuana uses 8-12-15 strike-thru NG:bjs Page 4 of 11 30 Section 7. TMC Section 18.41.020 Amended. Ordinance Nos. 2368 §45, 2287 §31, 2251 §57, and 2235 §10 (part), as codified at TMC Section 18.41.020, (Tukwila South Overlay District) "Permitted Uses," are hereby amended to read as follows: 18.41.020 Permitted Uses The following uses are permitted outright within the Tukwila South Overlay District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Adult daycare. 2. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially -zoned property; (2) In or within one-half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel, or (c) public library. b. The distances specified in TMC Section 18.41.020.2.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 3. Amusement parks. 4. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 5. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 6. Beauty or barber shops. 7. Bed and breakfast lodging. W: Word Processing\Ordinances\Zoning for production -processing -retailing of marijuana uses 8-12-15 strike-thru NG:bjs Page 5 of 11 31 8. Bicycle repair shops. 9. Billiard or pool rooms. 10. Brew pubs. 11. Bus stations. 12. Cabinet shops or carpenter shops employing less than five people. 13. Colleges and universities. 14. Computer software development and similar uses. 15. Continuing care retirement facility. 16. Convalescent and nursing homes. 17. Convention facilities. 18. Daycare centers. 19. Dwelling (allowed after residential design manual with criteria for approval is adopted by ordinance): a. one detached single-family unit per lot b. multi -family c. multi -family units above office and retail space d. senior citizen housing 20. Electrical substation and distribution. 21. Extended -stay hotel/motel. 22. Farming and farm -related activities. 23. Financial: a. banking b. mortgage c. other services 24. Fire and police stations. 25. Fix -it, radio or television repair shops/rental shops. 26. Fraternal organizations. 27. Frozen food lockers for individual or family use. 28. Greenhouses or nurseries (commercial). 29. Hospitals. 30. Hotels. 31. Industries involved with etching, film processing, lithography, printing and publishing. 32. Internet data/telecommunication centers. 33. Laundries: a. self -serve b. dry-cleaning c. tailor, dyeing d. commercial 34. Libraries, museums or art galleries (public). 35. Manufacturing and industrial uses that have little potential for creating off- site noise, smoke, dust, vibration or other external environmental impacts or pollution, including but not limited to, manufacturing, processing, assembling, packaging and/or repairing of: W: Word Processing\Ordinances\Zoning for production -processing -retailing of marijuana uses 8-12-15 strike-thru NG:bjs Page 6 of 11 32 a. Food, including, but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and by products, frozen foods, instant foods and meats (provided that no slaughtering is permitted); b. Pharmaceuticals and related products, such as cosmetics and drugs. c. Previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and wood; d. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 36. Marijuana processor where the underlying zoning is HI or TVS. 37. Marijuana producer where the underlying zoning is HI or TVS. 38. Marijuana retailer where the underlying zoning is HI or TVS. 39. Medical and dental laboratories. 40. Motels. 41. Movie theaters with three or fewer screens. 42. Neighborhood stormwater detention and treatment facilities. 43. Offices, including: a. outpatient medical clinic b. dental c. government — excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 44. Pawnbrokers. 45. Planned shopping center (mall) up to 500,000 square feet. 46. Plumbing shops (no tin work or outside storage). 47. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 48. Private stable. 49. Recreation facilities (commercial - indoor), athletic or health clubs. 50. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks, shooting ranges. 51. Religious facility with an assembly area of less than 750 square feet. 52. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, minivans, recreational vehicles, cargo vans and certain trucks). 53. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 54. Research and development facilities. 55. Restaurants, including: a. drive-through b. sit down c. cocktail lounges in conjunction with a restaurant W: Word Processing\Ordinances\Zoning for production -processing -retailing of marijuana uses 8-12-15 strike-thru NG:bjs Page 7 of 11 33 56. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 57. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber/building materials, lawn and garden supplies, farm supplies. 58. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title. 59. Schools and studios for education or self improvement. 60. Self -storage facilities. 61. Sewage lift stations. 62. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title. 63. Studios — art, photography, music, voice and dance. 64. Taverns, nightclubs. 65. Telephone exchanges. 66. Theaters for live performances only, not including adult entertainment establishments. 67. Tow truck operations, subject to all additional State and local regulations. 68. Water pump station. 69. Vehicle storage (no customers onsite, does not include park -and -fly operations). 70. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 8. TMC Section 18.50.210 Amended. Ordinance No. 2407 §10, as codified at TMC Section 18.50.210, "Marijuana Related Uses," is hereby amended to read as follows: A. The production, processing and retailing of marijuana is and remains illegal under federal law. Nothing herein or as provided elsewhere in the ordinances of the City of Tukwila is an authorization to circumvent federal law or provide permission to any person or entity to violate federal law. Only state -licensed marijuana producers, marijuana processors, and marijuana retailers may locate in the City of Tukwila and then only pursuant to a license issued by the State, of Washington. The purposes of these provisions is solely to acknowledge the enactment by the state Liquor and Cannabis Board of a state licensing procedure and to permit, but only to the extent required by state law, marijuana producers, processors, and retailers to operate in designated zones of the City. W: Word Processing\Ordinances\Zoning for production -processing -retailing of marijuana uses 8-12-15 strike-thru NG:bjs Page 8 of 11 34 B. The production, processing, selling, or delivery of marijuana, marijuana -infused products, or useable marijuana may not be conducted in association with any business establishment, dwelling unit, or home occupation or cooperative located in any of the following areas: Low Density Residential Medium Density Residential High Density Residential Mixed Use Office Office Residential Commercial Center Neighborhood Commercial Center Regional Commercial Regional Commercial Mixed Use Tukwila Urban Center Commercial/Light Industrial Light Industrial Manufacturing Industrial Center/Light Manufacturing Industrial Center/Heavy C. Growth of medical marijuana for the personal medical use of an individual qualifying patient as defined in RCW 69.51A.010 is subject to strict compliance with all state regulations, procedures and restrictions as set forth or hereafter adopted at RCW Chapter 69.51A. D. The establishment, location, operation, licensing, maintenance or continuation of a cooperative, as described in Chapter 69.51 RCW, or medical cannabis collective gardens or dispensaries as described in RCW 69.51A.085, is prohibited in all zones of the City. Any person who violates this subsection (18.50.210.D) shall be guilty of a gross misdemeanor and shall be punished by a fine not to exceed $5,000.00, or by imprisonment in jail for a term not exceeding one year, or by both such fine and imprisonment. E. Any violation of this section is declared to be a public nuisance per se, and, in addition to any other remedy provided by law or equity, may be abated by the City under the applicable provisions of this code or state law. Such violations shall be enforced and appealed with the procedures set forth in Tukwila Municipal Code Chapter 8.45. Each day any violation of this section occurs or continues shall constitute a separate offense. F. Penalties. 1. Civil Infraction. Any person violating or failing to comply with this section of the Tukwila Municipal Code, may be issued a civil infraction citation pursuant to TMC Section 8.45.050.C. Each civil infraction shall carry with it a monetary penalty of $200.00 for the first violation, $350.00 for a second violation of the same nature or a W: Word Processing\Ordinances\Zoning for production -processing -retailing of marijuana uses 8-12-15 strike-thru NG:bjs Page 9 of 11 35 continuing violation, and $500.00 for a third or subsequent violation of the same nature or a continuing violation. 2. Violation Notice and Order. a. In the alternative, any person violating or failing to comply with the provisions of this section of the Tukwila Municipal Code may be issued a Violation Notice and Order, as set forth in TMC Chapter 8.45, that shall carry with it a cumulative monetary penalty of $1,000.00 per day for each violation from the date set for compliance until compliance with the Violation Notice and Order is achieved. b. In addition to any penalty that may be imposed by the City, any person violating or failing to comply with this section shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to the violation. c. Any penalties imposed under this section may be doubled should the violation(s) occur 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, public transit center, or library, or any game arcade to which admission is not restricted to persons aged 21 years or older, as such terms are defined in WAC 314-55- 010 as now enacted or hereafter amended. d. The penalty imposed by this section under a Violation Notice and Order constitutes a personal obligation of the person(s) responsible for the violation, and may be collected by civil action brought in the name of the City. In addition, the monetary penalties or costs assessed pursuant to this chapter may be assessed against the property that is the subject of the enforcement action. e. The Code Enforcement Officer shall have the discretion to impose penalties in an amount lower than those set forth above. 3. Additional Relief. The City may seek legal or equitable relief to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of this section of the Tukwila Municipal Code. The remedies and penalties provided herein are cumulative and shall be in addition to any other remedy provided by law. Section 9. No Non -conforming Uses. No use that constitutes or purports to be a marijuana producer, marijuana processor, or marijuana retailer, as those terms are defined in this ordinance, that was engaged in that activity prior to the enactment of this ordinance shall be deemed to have been a legally established use under the provisions of the Tukwila Municipal Code and that use shall not be entitled to claim legal non- conforming status. W: Word Processing\Ordinances\Zoning for production -processing -retailing of marijuana uses 8-12-15 strike-thru NG:bjs Page 10 of 11 36 COUNCIL AGENDA SYNOPSIS Itntials Meeting Date Prepared by Mayor's review Council review 08/10/15 NG Cil) 8/10/15 08/17/15 NG I Ordinance ❑ Bid Award Mtg Date i1 Public Hearing ❑ Other Mtg Date Mtg Date Mtg Date 8/17/15 Mtg Date 8/10/15 SPONSOR ❑ Council ❑ Mayor ❑ HR ►1 DCD ❑ Finance • Fire ❑ IT ❑ P&R ❑ Police ❑ PW SPONSOR'S State marijuana regulations and the scope of local control over medical marijuana uses SUMMARY have been significantly changed by two recently adopted bills. In response Tukwila is proposing to end its moratorium on collective gardens and dispensaries and adopt amendments to its Zoning Code regulations regarding marijuana uses. Council is being asked to consider and approve the ordinance and repeal the existing moratorium. REVIEWED BY ❑ COW Mtg. ❑ Utilities Cmte DATE: 6/22 ITEM INFORMATION ITEM NO. 4.A. & 5.A. 1 STAFF SPONSOR: RACHEL TURPIN ORIGINALAGENDA DATE: 8/10/15 AGENDA ITEM TITLE Medical Marijuana Zoning Ordinance CATEGORY II Discussion 8/10/15 ❑ Motion Mtg Date ❑ Resolution Mtg Date I Ordinance ❑ Bid Award Mtg Date i1 Public Hearing ❑ Other Mtg Date Mtg Date Mtg Date 8/17/15 Mtg Date 8/10/15 SPONSOR ❑ Council ❑ Mayor ❑ HR ►1 DCD ❑ Finance • Fire ❑ IT ❑ P&R ❑ Police ❑ PW SPONSOR'S State marijuana regulations and the scope of local control over medical marijuana uses SUMMARY have been significantly changed by two recently adopted bills. In response Tukwila is proposing to end its moratorium on collective gardens and dispensaries and adopt amendments to its Zoning Code regulations regarding marijuana uses. Council is being asked to consider and approve the ordinance and repeal the existing moratorium. REVIEWED BY ❑ COW Mtg. ❑ Utilities Cmte DATE: 6/22 ►1 CA&P Cmte ❑ F&S Cmte ❑ Parks Comm. COMMITTEE CHAIR: SEAL ❑ Transportation Cmte ❑ Arts Comm. & 7/13 CAP & 7/23 PC 0 Planning Comm. RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Department of Community Development Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $o $o $o Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 8/10/15 MTG. DATE ATTACHMENTS 8/10/15 Informational Memorandum dated 7/31/15 A. Ordinance in Draft Form B. Summary of Cannabis Patient Protection Act SSB 5052 Minutes from the Community Affairs and Parks Committee meeting of 6/22/15 Minutes from the Community Affairs and Parks Committee meeting of 7/13/15 Minutes from the Planning Commission meeting of 7/23/15 8/17/15 1 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Tukwila City Council FROM: Rachel Turpin, City Attorney BY: Nora Gierloff, Deputy DCD Director DATE: July 31, 2015 SUBJECT: Medical Marijuana Zoning Ordinance ISSUE Should the moratorium on medical marijuana collective gardens and dispensaries be replaced with zoning regulations per new state laws? BACKGROUND Medical marijuana use in Washington was addressed in SB 5073 passed in 2011. However a partial veto of the bill by the then Governor created a fragmented and inconsistent system of regulation. For this reason the City has had a moratorium prohibiting medical marijuana collective gardens and dispensaries since 2011. Tukwila has waited to create permanent rules for medical marijuana due to a lack of clarity in state laws regarding medical marijuana and a lack of regulation of this industry. In the fall of 2012 Washington voters passed Initiative 502 (1-502) legalizing the recreational use of marijuana and setting up a framework for regulated producers, processers and retailers. Tukwila adopted zoning regulations allowing recreational marijuana uses in the Heavy Industrial and Tukwila Valley South districts in 2013. Because 1-502 was silent about medical marijuana there have been two separate and legally unrelated sets of rules for recreational and medical marijuana. Recent changes approved by the Washington State Legislature have brought clarity to medical marijuana regulation and will dramatically change the current state medical marijuana laws in phases through July 2016. At the June 22, 2015 Community Affairs and Parks (CAP) meeting the Committee gave direction to the City Attorney and DCD staff to develop a draft ordinance that would ban cooperatives, collective gardens and dispensaries, integrate the medical and recreational marijuana industries in accordance with the new state laws, and establish significant civil penalties for violations. The draft ordinance was reviewed by CAP on July 13, 2015 and they forwarded it to the Planning Commission for a hearing and recommendation which was held on July 23, 2015. The Committee approved returning the ordinance directly to the Committee of the Whole rather than an additional CAP meeting. 3 4 INFORMATIONAL MEMO Page 2 DISCUSSION State marijuana regulations and the scope of local control over marijuana uses have been significantly changed by two recently adopted bills. After a partial veto by the Governor the text of 2SSB 5052 is available at: http://Iawfilesext.leq.wa.gov/biennium/2015-16/Pdf/Bills/Session%20Laws/Senate/5052- S2.SL.pdf The second change was HB 2136 and it is available at: http://lawfilesext.leq.wa.gov/biennium/2015-16/Pdf/Bills/Session%20Laws/House/2136- S2.SL.pdf Highlights of the new regulations include: 1. Phasing out Collective Gardens for growth of medical marijuana by July 1, 2016. 2. Defining patients qualifying for use of medical marijuana as having terminal or debilitating medical conditions as certified by a health care professional on an annual basis. 3. Developing a medical marijuana authorization database where qualifying patients may voluntarily register and receive a recognition card allowing them to purchase medical marijuana, grow between 6 and 15 marijuana plants in their own homes or participate in a Cooperative. 4. Authorizing Cooperatives of up to 4 patients with recognition cards to grow the number of plants each is authorized (up to 60 total) in one of their homes for use of the group. Only one Cooperative is permitted per tax parcel; they may not be within 1 mile of a marijuana retailer or 1000 feet of schools, child care centers, parks, transit centers, libraries etc.; and the location and patients must be registered with the Liquor and Cannabis Board. 5. Permitting qualifying patients without recognition cards to grow up to 4 marijuana plants in their own homes. 6. Setting a limit of 15 medical marijuana plants per housing unit that is not a cooperative regardless of the number of qualifying patients who reside there. 7. Prohibiting medical marijuana plants from being grown in a way that allows them to be seen or smelled from neighboring properties. 8. Allowing cities to prohibit Cooperatives through zoning. 9. Allowing cities to reduce buffers for retail locations from 1000 feet to 100 feet for child care centers, parks, transit centers, and libraries but not schools or playgrounds. 10. Allowing cities to prohibit marijuana production or processing from primarily residential areas. In response to these bills Tukwila is proposing to end its moratorium on collective gardens and dispensaries and adopt amendments to its Zoning Code regulations regarding marijuana uses. The draft ordinance in Attachment A makes the following changes: 1. Repeals the existing moratorium; 2. Updates definitions to match those in the new state law; W:12015 AGENDA-Council\MedMJlnfoMemo.doc INFORMATIONAL MEMO Page 3 3. Corrects the omission of marijuana uses from the Tukwila South Overlay (where the underlying zoning is HI or TVS); 4. Accommodates commercial medical marijuana uses within the same location criteria as recreational marijuana uses; 5. References state regulations, procedures and restrictions for growth of medical marijuana for personal medical use; 6. Prohibits medical marijuana cooperatives, collective gardens and dispensaries; and 7. Establishes new civil penalties for violations of these regulations. FINANCIAL IMPACT No direct financial impacts are expected from these changes. RECOMMENDATION The Planning Commission recommended ordinance has returned directly to the August 10, 2015 Committee of the Whole meeting fora hearing and subsequent August 17, 2015 Regular Meeting. ATTACHMENTS A. Draft Marijuana Zoning Ordinance B. Summary of the Cannabis Patient Protection Act (2SSB 5052) W:12015 AGENDA-Council\MedMJlnfoMemo.doc 5 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES RELATING TO LAND USE AND ZONING AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTIONS 18.06.552, 18.06.553, 18.06.554, 18.06.556, 18.41.020 AND 18.50.210; ADOPTING ZONING RESTRICTIONS ON THE PRODUCTION, PROCESSING, AND RETAILING OF MARIJUANA USES; DESCRIBING THE LAND USE IMPACTS TRIGGERING SUCH RESTRICTIONS; ADDING THE TUKWILA SOUTH OVERLAY AS A PERMITTED ZONE FOR MARIJUANA USES; ESTABLISHING PROCEDURES FOR ENFORCEMENT OF VIOLATIONS INCLUDING ABATEMENT OF MARIJUANA NUISANCES; REPEALING ORDINANCE NO. 2475, WHICH ESTABLISHED THE MORATORIUM ON MEDICAL CANNABIS COLLECTIVE GARDENS OR DISPENSARIES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, since 1970, a eral law has' p ohibited t e( nufactur� and possession of arijuana as a Sch dule 1 d dig, based on the federal govei m�ent's categorization} of arijua � as havin `a hig potential\for abuse, lack at a9 acceted- medical use% and absence of any a cepted safety for uie in medically supervised treatment." Gonzal s v. Raich, 545 U..1, 14 (2005), Controlled Substance Act (CSA), 84 Stat. 1,42, 21 U.S.C. 801 et seq; and WHEREAS, Initiative 502 directed the Washington State Liquor Control Board (WSLCB) to develop rules and regulations to: 1. Determine the number of producers, processors and retailers of marijuana by county; 2. Develop licensing and other regulatory measures; 3. Issue licenses to producers, processors, and retailers at locations which comply with the Initiative's distancing requirements prohibiting such uses within 1,000 feet of schools and other designated public facilities; and 4. Establish a process for the City to comment prior to the issuance of such licenses; and W:\ Wont Processing\Ordinances\Zoning for production -processing -retailing of marijuana uses 7-6-15 NG:bjs Page 1 of 11 7 WHEREAS, on April 24, 2015, 2SSB 5052 was approved revising the framework under which medical marijuana producers, processors, and retailers can operate and become licensed by the State of Washington; and WHEREAS, the WSLCB has adopted regulations for recreational marijuana and begun issuance of marijuana producer, processor and retail licenses to qualified applicants; and WHEREAS, 2SSB 5052 has established a medical marijuana endorsement to permit a licensed recreational marijuana retailer to also sell marijuana for medical use to qualifying patients and designated providers; and WHEREAS, 2SSB 5052 has directed the now renamed Washington State Liquor and Cannabis Board to develop and maintain a secure and confidential medical marijuana authorization database of patients and designated providers; and WHEREAS, 2SSB 5052 will repeal authorization for collective gardens on July 1, 2016; and WHEREAS, 2SSB 5052 authorizes qualifying patients to grow a limited number of medical marijuana plants in their own domicile; and WHEREAS, 2SSB 5052 authorizes up to four qualifying patients and/or designated providers to form cooperatives to grow a limited number of medical marijuana plants in their own domicile starting on July 1, 2016; and WHEREAS, the City Council wishes to clarify that the manufacture, production, processing, retailing, possession, transportation, delivery, dispensing, application, or administration of marijuana must comply with all applicable City laws, and that compliance with City laws does not constitute an exemption from compliance with applicable state and federal regulations; and WHEREAS, the City of Tukwila believes that the health, safety, and welfare of the community is best served by excluding from certain zones any commercial production, processing, selling or delivery of marijuana; and WHEREAS, the City of Tukwila adopted Ordinance No. 2475, imposing a moratorium on medical cannabis collective gardens or dispensaries while zoning for said uses is established; and WHEREAS, Ordinance No. 2475 requires formal action by the City Council to terminate the moratorium; and W:\ Word Processing\Ordinances\Zoning for production -processing -retailing of marijuana uses 7-6-15 NG:bjs 8 Page 2 of 11 WHEREAS, the City Council studied the land use and other secondary impacts of recreational marijuana use, and adopted Ordinance No. 2407 authorizing recreational marijuana producers, processors and retailers within specific zoning districts to address these impacts; and WHEREAS, the City Council finds that no additional land use or secondary impacts are expected due to the expansion of the recreational marijuana industry to include medical marijuana, per regulations to be developed by the Washington State Liquor and Cannabis Board; and WHEREAS, the State Environmental Policy Act (SEPA) Responsible Official issued an addendum for this draft ordinance to the environmental review conducted for Ordinance No. 2407 on June 25, 2015; and WHEREAS, on July 23, 2015 (to be held), the Planning Commission held a public hearing on the draft zoning ordinance; and WHEREAS, the Planning Commission recommended approval (to be determined) of the draft zoning ordinance to the City Council; and WHEREAS, on August 10, 2015 (to be held), the City Council held a hearing on the draft zoning ordinance, after proper notice, during its regular meeting; and WHEREAS, the City Council, after due consideration, believes that certain amendments to the City's Zoning Code are necessary; and WHEREAS, the City Council decided to adopt a zoning ordinance and to formally repeal the moratorium on medical cannabis collective gardens or dispensaries (Ordinance No. 2475); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Formal Repeal of Moratorium. Ordinance No. 2475, a moratorium on the establishment of medical cannabis collective gardens or dispensaries, is hereby repealed. Section 2. TMC Section 18.06.552 Amended. Ordinance No. 2407 §3, as codified at Tukwila Municipal Code (TMC) Section 18.06.552, is hereby amended to read as follows: Marijuana Processor "Marijuana processor" means a person licensed by the state Liquor controland Cannabis Board to process marijuana, whether medical or recreational, into marijuana concentrates, useable marijuana and marijuana -infused products; package and label marijuana concentrates, useable marijuana and marijuana -infused products for sale in W:\ Word Processing\Ordinances\Zoning for production -processing -retailing of marijuana uses 7-6-15 NG:bjs Page 3 of 11 9 retail outlets; and sell marijuana concentrates, useable marijuana and marijuana -infused products at wholesale to marijuana retailers. Section 3. TMC Section 18.06.553 Amended. Ordinance No. 2407 §4, as codified at TMC Section 18.06.553, is hereby amended to read as follows: Marijuana Producer "Marijuana producer" means a person licensed by the state Liquor and Cannabissentrel Board to produce and sell marijuana, whether medical or recreational, at wholesale to marijuana processors and other marijuana producers. Section 4. TMC Section 18.06.554 Amended. Ordinance No. 2407 §5, as codified at TMC Section 18.06.554, is hereby amended to read as follows: Marijuana Retailer "Marijuana retailer" means a person licensed by the state Liquor and Cannabissentrel Board to sell marijuana concentrates, useable marijuana, and marijuana -infused products in a retail outlet, for either recreational or medical use. Section 5. TMC Section 18.06.556 Amended. Ordinance No. 2407 §6, as codified at TMC Section 18.06.556, is hereby amended to read as follows: Marijuana -infused Products "Marijuana -infused products" means products that contain marijuana or marijuana extracts.; mare intended for human use, whether medical or recreational; and have a THC concentration no greater than 10 percent. The term "marijuana -infused products" does not include either useable marijuana or marijuana concentrates. Section 6. TMC Section 18.41.020 Amended. Ordinance Nos. 2368 §45, 2287 §31, 2251 §57, and 2235 §10 (part), as codified at TMC Section 18.41.020, (Tukwila South Overlay District) "Permitted Uses," are hereby amended to read as follows: 18.41.020 Permitted Uses The following uses are permitted outright within the Tukwila South Overlay District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Adult daycare. 2. Adult entertainment establishments are permitted, subject to the following location restrictions: W:\ Word Processing\Ordinances\Zoning for production -processing -retailing of marijuana uses 7-6-15 NG:bjs 10 Page 4 of 11 a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially -zoned property; (2) In or within one-half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel, or (c) public library. b. The distances specified in TMC Section 18.41.020.2.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 3. Amusement parks. 4. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 5. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 6. Beauty or barber shops. 7. Bed and breakfast lodging. 8. Bicycle repair shops. 9. Billiard or pool rooms. 10. Brew pubs. 11. Bus stations. 12. Cabinet shops or carpenter shops employing less than five people. 13. Colleges and universities. 14. Computer software development and similar uses. 15. Continuing care retirement facility. 16. Convalescent and nursing homes. 17. Convention facilities. 18. Daycare centers. W:\ Word Processing\Ordinances\Zoning for production -processing -retailing of marijuana uses 7-6-15 NG:bjs Page 5of11 11 19. Dwelling (allowed after residential design manual with criteria for approval is adopted by ordinance): a. one detached single-family unit per lot b. multi -family c. multi -family units above office and retail space d. senior citizen housing 20. Electrical substation and distribution. 21. Extended -stay hotel/motel. 22. Farming and farm -related activities. 23. Financial: a. banking b. mortgage c. other services 24. Fire and police stations. 25. Fix -it, radio or television repair shops/rental shops. 26. Fraternal organizations. 27. Frozen food lockers for individual or family use. 28. Greenhouses or nurseries (commercial). 29. Hospitals. 30. Hotels. 31. Industries involved with etching, film processing, lithography, printing and publishing. 32. Internet data/telecommunication centers. 33. Laundries: a. self -serve b. dry-cleaning c. tailor, dyeing d. commercial 34. Libraries, museums or art galleries (public). 35. Manufacturing and industrial uses that have little potential for creating off- site noise, smoke, dust, vibration or other external environmental impacts or pollution, including but not limited to, manufacturing, processing, assembling, packaging and/or repairing of: a. Food, including, but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and by products, frozen foods, instant foods and meats (provided that no slaughtering is permitted); b. Pharmaceuticals and related products, such as cosmetics and drugs. c. Previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and wood; d. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 36. Marijuana processor where the underlying zoning is HI or TVS. 37. Marijuana producer where the underlying zoning is HI or TVS. W:\ Word Processing\Ordinances\Zoning for production -processing -retailing of marijuana uses 7-6-15 NG:bjs 12 Page 6 of 11 38. Marijuana retailer where the underlying zoning is HI or TVS. 3639. Medical and dental laboratories. 3740. Motels. 3841. Movie theaters with three or fewer screens. 3942. Neighborhood stormwater detention and treatment facilities. 4043. Offices, including: a. outpatient medical clinic b. dental c. government — excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 41-44. Pawnbrokers. 4245. Planned shopping center (mall) up to 500,000 square feet. 4346. Plumbing shops (no tin work or outside storage). 4447. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 4548. Private stable. 4649. Recreation facilities (commercial - indoor), athletic or health clubs. 4750. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks, shooting ranges. 4851. Religious facility with an assembly area of less than 750 square feet. 4952. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, minivans, recreational vehicles, cargo vans and certain trucks). 5053. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 5454. Research and development facilities. 5255. Restaurants, including: a. drive-through b. sit down c. cocktail lounges in conjunction with a restaurant 5356. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 5457. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber/building materials, lawn and garden supplies, farm supplies. 5558. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title. 5659. Schools and studios for education or self improvement. 5760. Self -storage facilities. 5861. Sewage lift stations. W:\ Word Processing\Ordinances\Zoning for production -processing -retailing of marijuana uses 7-6-15 NG:bjs Page 7 of 11 13 5862. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title. 6063. Studios -- art, photography, music, voice and dance. 6464. Taverns, nightclubs. 6265. Telephone exchanges. 6366. Theaters for live performances only, not including adult entertainment establishments. 6467. Tow truck operations, subject to all additional State and local regulations. 6568. Water pump station. 6669. Vehicle storage (no customers onsite, does not include park -and -fly operations). 6770. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 7. TMC Section 18.50.210 Amended. Ordinance No. 2407 §10, as codified at TMC Section 18.50.210, "Marijuana Related Uses," is hereby amended to read as follows: A. The production, processing and retailing of marijuana is and remains illegal under federal law. Nothing herein or as provided elsewhere in the ordinances of the City of Tukwila is an authorization to circumvent federal law or provide permission to any person or entity to violate federal law. Only state -licensed marijuana producers, marijuana processors, and marijuana retailers may locate in the City of Tukwila and then only pursuant to a license issued by the State of Washington. The purposes of these provisions is solely to acknowledge the enactment by the state Liquor and Cannabis Board of - _ _ - _ - '. ' . - . ! _ - = a state licensing procedure and to permit, but only to the extent required by state law, marijuana producers, processors, and retailers to operate in designated zones of the City. B. The production, processing, selling, or delivery of marijuana, marijuana -infused products, or useable marijuana may not be conducted in association with any business establishment, dwelling unit, or -home occupation or cooperative located in any of the following areas: Low Density Residential Medium Density Residential High Density Residential Mixed Use Office Office Residential Commercial Center W:\ Word Processing\OrdinancesVoning for production -processing -retailing of marijuana uses 7-6-15 NG:bjs 14 Page 8 of 11 1 Neighborhood Commercial Center Regional Commercial Regional Commercial Mixed Use Tukwila Urban Center Commercial/Light Industrial Light Industrial Manufacturing Industrial Center/Light Manufacturing Industrial Center/Heavy C. Growth of medical mariivana for the personal medical use of an individual qualifying patient as defined in RCW 69.51A.010 is subject to strict compliance with all state regulations, procedures and restrictions as set forth or hereafter adopted at RCW Chapter 69.51A. D. The establishment, location, operation, licensing, maintenance or continuation of medical cannabis collective gardens or dispensaries as described in RCW 69.51A.085 is prohibited in all zones of the City. Any person who violates this subsection (18.50.210.D) shall be guilty of a gross misdemeanor and shall be punished by a fine not to exceed $5,000.00, or by imprisonment in jail for a term not exceeding one year, or by both such fine and imprisonment. EG. Any violation of this section is declared to be a public nuisance per se, and, in addition to any other remedy provided by law or equity, may be abated by the City Attorney under the applicable provisions of this code or state law. Such violations shall be enforced and appealed with the procedures set forth in Tukwila Municipal Code Chapter 8.45. Each day any violation of this section occurs or continues shall constitute a separate offense. F. Penalties. 1. Civil Infraction. Any person violating or failing to comply with this section of the Tukwila Municipal Code, may be issued a civil infraction citation pursuant to TMC Section 8.45.050.C. Each civil infraction shall carry with it a monetary penalty of $200.00 for the first violation, $350.00 for a second violation of the same nature or a continuing violation, and $500.00 for a third or subsequent violation of the same nature or a continuing violation. 2. Violation Notice and Order. a. In the alternative, any person violating or failing to comply with the provisions of this section of the Tukwila Municipal Code may be issued a Violation Notice and Order, as set forth in TMC Chapter 8.45, that shall carry with it a cumulative monetary penalty of $1,000.00 per day for each violation from the date set for compliance until compliance with the Violation Notice and Order is achieved. W:\ Word Processing\Ordinances\Zoning for production -processing -retailing of marijuana uses 7-6-15 NG:bjs Page 9of11 15 b. In addition to any penalty that may be imposed by the City, any person violating or failing to comply with this section shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to the violation. c. Any penalties imposed under this section may be doubled should the violation(s) occur 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, public transit center, or library, or any game arcade to which admission is not restricted to persons aged 21 years or older, as such terms are defined in WAC 314-55- 010 as now enacted or hereafter amended. d. The penalty imposed by this section under a Violation Notice and Order constitutes a personal obliqation of the person(s) responsible for the violation, and may be collected by civil action brought in the name of the City. In addition, the monetary penalties or costs assessed pursuant to this chapter may be assessed against the property that is the subject of the enforcement action. e. The Code Enforcement Officer shall have the discretion to impose penalties in an amount lower than those set forth above. 3. Additional Relief. The City may seek legal or equitable relief to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of this section of the Tukwila Municipal Code. The remedies provided herein are cumulative and shall be in addition to any other remedy provided by law. Section 8. No Non -conforming Uses. No use that constitutes or purports to be a marijuana producer, marijuana processor, or marijuana retailer, as those terms are defined in this ordinance, that was engaged in that activity prior to the enactment of this ordinance shall be deemed to have been a legally established use under the provisions of the Tukwila Municipal Code and that use shall not be entitled to claim legal non- conforming status. Section 9. Adoption of Findings of Fact. The City Council adopts as its preliminary findings the recitals set forth above. The City Council may adopt additional findings in the event that additional evidence is presented to the City Council. Section 10. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. W:l Word ProcessinglOrdinances\Zoning for production -processing -retailing of marijuana uses 7-6-15 NG:bjs 16 Page 10 of 11 1 Nora Gierloff m: Wynetta Bivens ent: Wednesday, July 22, 2015 9:17 AM To: Brooke Alford; Ihstrander@hotmail.com; makabi5@aol.com; Miguel Maestas; Mikel Hansen; Planning Commissioner 2; Sharon Mann (sharon_mann@msn.com) Cc: Minnie Dhaliwal; Nora Gierloff; chuckparrish2009@gmail.com Subject: FW: Planning commission From: chuckparrish2009@gmail.com [mailto:chuckparrish2009@gmail.com] Sent: Wednesday, July 22, 2015 8:54 AM To: Wynetta Bivens Subject: Planning commission Wynetta, would you please see to it that the planning commissioners receive this email in advance of the July 23 meeting? Thanks very much To: planning commissioners From: Chuck Parrish July 22, 2015 I regret that I am not available to attend the July 23 meeting. Please consider my thoughts below. L15-0007 Marijuana Zoning Code Amendment I support the repeal of the moratorium as recommended. The problem is in the zoning. I suggest that the following questions be asked of planning department staff. 1. Does the initiative or state law define acceptable areas such that the HI and TVS zones are the only areas that meet the criteria? If not, what is the basis for limiting marijuana processes to HI and TVS zones? 2. What area in the TVS zone meets distance criteria? Is it true that the TVS zone has only one property owner that could rent, lease or sell property for marijuana processes? If so, why is that an acceptable idea? 3. What areas in the HI zone appear to meet distance criteria for marijuana processes? 4. Are there other areas in Tukwila that meet the standards of the citizen approved initiative, the requirements of state law and the reasonable concern that such processes not be located in residential areas? I do not care whether or not marijuana processes, retail or otherwise, are located in Tukwila. I do care about the process. As much as possible, I would like to see the wishes of voters respected. As much as possible, I would like to see that arbitrary "it seems like a good idea" limitations with no actual superior legislative reference be limited. Chuck Parrish ti City of Tukwila Jim Kaggerton, Mayor Department of Community Development Jack Pace, Director STAFF REPORT TO THE PLANNING COMMISSION Prepared July 10, 2015 HEARING DATE: July 23, 2015 FILE NUMBERS: L15-0007 Marijuana Zoning Code Amendment APPLICANT: City of Tukwila REQUEST: The Planning Commission will hold a public hearing on proposed amendment addressing changes to state law regarding medical marijuana LOCATION: Citywide NOTIFICATION: Hearing Notice was published in the Seattle Times on July 9, 2015, and posted on the City of Tukwila website on July 9, 2015. SEPA DETERMINATION: Addendum to E13-0013 DNS STAFF: Nora Gierloff, Deputy DCD Director ATTACHMENTS: A. Draft Marijuana Zoning Ordinance B. Community Affairs and Parks Committee meeting minutes Page 1 of 3 07/15/2015 6300 Southcenter Boulevard, Suite 0100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax: 206-431-3665 BACKGROUND Medical marijuana use in Washington was addressed in SB 5073 passed in 2011. However a partial veto of the bill by the then Governor created a fragmented and inconsistent system of regulation. For this reason the City has had a moratorium prohibiting medical marijuana collective gardens and dispensaries since 2011. Tukwila has waited to create permanent rules for medical marijuana due to a lack of clarity in state laws regarding medical marijuana and a lack of regulation of this industry. In the fall of 2012 Washington voters passed Initiative 502 (1-502) legalizing the recreational use of marijuana and setting up a framework for regulated producers, processers and retailers. Tukwila adopted zoning regulations allowing recreational marijuana uses in the Heavy Industrial and Tukwila Valley South districts in 2013. Because 1-502 was silent about medical marijuana there have been two separate and legally unrelated sets of rules for recreational and medical marijuana. Recent changes approved by the Washington State Legislature have brought clarity to medical marijuana regulation and will dramatically change the current state medical marijuana laws in phases through July 2016. At the June 22, 2016 Community Affairs and Parks (CAP) meeting the Committee gave direction to the City Attorney and DCD staff to develop a draft ordinance that would ban cooperatives, collective gardens and dispensaries, integrate the medical and recreational marijuana industries in accordance with the new state laws, and establish significant civil penalties for violations. The draft ordinance was reviewed by CAP on July 13, 2015 and they forwarded it to the Planning Commission for a hearing and recommendation. FINDINGS State marijuana regulations and the scope of local control over marijuana uses have been significantly changed by two recently adopted bills. After a partial veto by the Governor the text of SB 5052 is available at: http://lawfilesext.leg.wa.gov/biennium/2015-16/Pdf/Bills/Session%20Laws/Senate/5052-S2.SL.pdf The second change was HB 2136 and it is available at: http://lawfilesext.leg.wa.gov/biennium/2015-16/Pdf/Bills/Session%20Laws/House/2136-S2.SL.pdf In response to these bills Tukwila is proposing to end its moratorium on collective gardens and dispensaries and adopt amendments to its Zoning Code regulations regarding marijuana uses. The draft ordinance in Attachment A makes the following changes: 1. Repeals the existing moratorium 2. Updates definitions to match those in the new state law 3. Corrects the omission of marijuana uses from the Tukwila South Overlay (where the underlying zoning is HI orTVS) 4. Accommodates commercial medical marijuana uses within the same location criteria as recreational marijuana uses 5. References state regulations, procedures and restrictions for growth of medical marijuana for personal medical use NG Page 2 of 3 07/15/2015 \\deptstore\City Common\DCD and City Attorney\Medical Cannabis\PC_StaffReport_7-23-15.docx 6. Prohibits medical marijuana cooperatives, collective gardens and dispensaries 7. Establishes new civil penalties for violations of these regulations REQUESTED ACTION The Planning Commission is asked to hold a hearing on the proposed ordinance, develop a recommended version and forward it to the City Council for final action. NG Page 3 of 3 07/15/2015 \\deptstore\City Common\DCD and City Attomey\Medical Cannabis\PC_StaffReport_7-23-15.docx Attachment A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES RELATING TO LAND USE AND ZONING AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTIONS 18.06.552, 18.06.553, 18.06.554, 18.06.556, 18.41.020 AND 18.50.210; ADOPTING ZONING RESTRICTIONS ON THE PRODUCTION, PROCESSING, AND RETAILING OF MARIJUANA USES; DESCRIBING THE LAND USE IMPACTS TRIGGERING SUCH RESTRICTIONS; ADDING THE TUKWILA SOUTH OVERLAY AS A PERMITTED ZONE FOR MARIJUANA USES; ESTABLISHING PROCEDURES FOR ENFORCEMENT OF VIOLATIONS INCLUDING ABATEMENT OF MARIJUANA NUISANCES; REPEALING ORDINANCE NO. 2475, WHICH ESTABLISHED THE MORATORIUM ON MEDICAL CANNABIS COLLECTIVE GARDENS OR DISPENSARIES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Initiative 502 directed the Washington State Liquor Control Board (WSLCB) to develop rules and regulations to: 1. Determine the number of producers, processors and retailers of marijuana by county; 2. Develop licensing and other regulatory measures; 3. Issue licenses to producers, processors, and retailers at locations which comply with the Initiative's distancing requirements prohibiting such uses within 1,000 feet of schools and other designated public facilities; and 4. Establish a process for the City to comment prior to the issuance of such licenses; and WHEREAS, on April 24, 2015, 2SSB 5052 was approved revising the framework under which medical marijuana producers, processors, and retailers can operate and become licensed by the State of Washington; and W:\ Word Processing\Ordinances\Zoning for production -processing -retailing of marijuana uses 7-6-15 NG:bjs Page 1 of 11 WHEREAS, the WSLCB has adopted regulations for recreational marijuana and begun issuance of marijuana producer, processor and retail licenses to qualified applicants; and WHEREAS, 2SSB 5052 has established a medical marijuana endorsement to permit a licensed recreational marijuana retailer to also sell marijuana for medical use to qualifying patients and designated providers; and WHEREAS, 2SSB 5052 has directed the now renamed Washington State Liquor and Cannabis Board to develop and maintain a secure and confidential medical marijuana authorization database of patients and designated providers; and WHEREAS, .2SSB 5052 will repeal authorization for collective gardens on July 1, 2016; and WHEREAS, 2SSB 5052 authorizes qualifying patients to grow a limited number of medical marijuana plants in their own domicile; and WHEREAS, 2ESSHB 2136 allows cities to adopt locational restrictions and to fully prohibit medical marijuana cooperatives as described in 2SSB 5052 and 2ESSHB 2136; and WHEREAS, the City Council wishes to clarify that the manufacture, production, processing, retailing, possession, transportation, delivery, dispensing, application, or administration of marijuana must comply with all applicable City laws, and that compliance with City laws does not constitute an exemption from compliance with applicable state and federal regulations; and WHEREAS, the City of Tukwila believes that the health, safety, and welfare of the community is best served by excluding from certain zones any commercial production, processing, selling or delivery of marijuana; and WHEREAS, the City of Tukwila adopted Ordinance No. 2475, imposing a moratorium on medical cannabis collective gardens or dispensaries while zoning for said uses is established; and WHEREAS, Ordinance No. 2475 requires formal action by the City Council to terminate the moratorium; and WHEREAS, the City Council studied the land use and other secondary impacts of recreational marijuana use, and adopted Ordinance No. 2407 authorizing recreational marijuana producers, processors and retailers within specific zoning districts to address these impacts; and WHEREAS, the City Council finds that no additional land use or secondary impacts are expected due to the expansion of the recreational marijuana industry to include W:\ Word Processing\Ordinances\Zoning for production -processing -retailing of marijuana uses 7-6-15 NG:bjs Page 2 of 11 medical marijuana, per regulations to be developed by the Washington State Liquor and Cannabis Board; and WHEREAS, the State Environmental Policy Act (SEPA) Responsible Official issued an addendum for this draft ordinance to the environmental review conducted for Ordinance No. 2407 on June 25, 2015; and WHEREAS, on July 23, 2015 (to be held), the Planning Commission held a public hearing on the draft zoning ordinance; and WHEREAS, the Planning Commission recommended approval (to be determined) of the draft zoning ordinance to the City Council; and WHEREAS, on August 10, 2015 (to be held), the City Council held a hearing on the draft zoning ordinance, after proper notice, during its regular meeting; and WHEREAS, the City Council, after due consideration, believes that certain amendments to the City's Zoning Code are necessary; and WHEREAS, the City Council decided to adopt a zoning ordinance and to formally repeal the moratorium on medical cannabis collective gardens or dispensaries (Ordinance No. 2475); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Formal Repeal of Moratorium. Ordinance No. 2475, a moratorium on the establishment of medical cannabis collective gardens or dispensaries, is hereby repealed. Section 2. A new section is added to TMC Section 18.06 Definitions: Marijuana Concentrates "Marijuana concentrates" is as defined under RCW 69.50.101. Section 3. TMC Section 18.06.552 Amended. Ordinance No. 2407 §3, as codified at Tukwila Municipal Code (TMC) Section 18.06.552, is hereby amended to read as follows: Marijuana Processor "Marijuana processor" means a person licensed by the state Liquor cerand Cannabis Board to process marijuana, whether medical or recreational, into marijuana concentrates, useable marijuana and marijuana -infused products; package and label marijuana concentrates, useable marijuana and marijuana -infused products for sale in W:\ Word Processing\Ordinances\Zoning for production -processing -retailing of marijuana uses 7-6-15 NG:bjs Page 3of11 retail outlets; and sell marijuana concentrates, useable marijuana and marijuana -infused products at wholesale to marijuana retailers. Section 4. TMC Section 18.06.553 Amended. Ordinance No. 2407 §4, as codified at TMC Section 18.06.553, is hereby amended to read as follows: Marijuana Producer "Marijuana producer" means a person licensed by the state Liquor and Cannabiscontrol Board to produce and sell marijuana, whether medical or recreational, at wholesale to marijuana processors and other marijuana producers. Section 5. TMC Section 18.06.554 Amended. Ordinance No. 2407 §5, as codified at TMC Section 18.06.554, is hereby amended to read as follows: Marijuana Retailer "Marijuana retailer" means a person licensed by the state Liquor and Cannabiscontrol Board to sell marijuana concentrates, useable marijuana, and marijuana -infused products in a retail outlet, for either recreational or medical use. Section 6. TMC Section 18.06.556 Amended. Ordinance No. 2407 §6, as codified at TMC Section 18.06.556, is hereby amended to read as follows: Marijuana -infused Products "Marijuana -infused products" means products that contain marijuana or marijuana extracts; mare intended for human use, whether medical or recreational; and have a THC concentration • _ _ - _ - _ ! _ - _ - - ithin the limits set forth in RCW 69.50.101. The term "marijuana -infused products" does not include either useable marijuana or marijuana concentrates. Section 7. TMC Section 18.41.020 Amended. Ordinance Nos. 2368 §45, 2287 §31, 2251 §57, and 2235 §10 (part), as codified at TMC Section 18.41.020, (Tukwila South Overlay District) "Permitted Uses," are hereby amended to read as follows: 18.41.020 Permitted Uses The following uses are permitted outright within the Tukwila South Overlay District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Adult daycare. 2. Adult entertainment establishments are permitted, subject to the following location restrictions: W:\ Word Processing\Ordinances\Zoning for production -processing -retailing of marijuana uses 7-6-15 NG:bjs Page 4 of 11 a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially -zoned property; (2) In or within one-half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel, or (c) public library. b. The distances specified in TMC Section 18.41.020.2.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 3. Amusement parks. 4. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 5. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 6. Beauty or barber shops. 7. Bed and breakfast lodging. 8. Bicycle repair shops. 9. Billiard or pool rooms. 10. Brew pubs. 11. Bus stations. 12. Cabinet shops or carpenter shops employing less than five people. 13. Colleges and universities. 14. Computer software development and similar uses. 15. Continuing care retirement facility. 16. Convalescent and nursing homes. 17. Convention facilities. 18. Daycare centers. W:\ Word Processing\Ordinances\Zoning for production -processing -retailing of marijuana uses 7-6-15 NG:bjs Page 5 of 11 19. Dwelling (allowed after residential design manual with criteria for approval is adopted by ordinance): a. one detached single-family unit per lot b. multi -family c. multi -family units above office and retail space d. senior citizen housing 20. Electrical substation and distribution. 21. Extended -stay hotel/motel. 22. Farming and farm -related activities. 23. Financial: a. banking b. mortgage c. other services 24. Fire and police stations. 25. Fix -it, radio or television repair shops/rental shops. 26. Fraternal organizations. 27. Frozen food lockers for individual or family use. 28. Greenhouses or nurseries (commercial). 29. Hospitals. 30. Hotels. 31. Industries involved with etching, film processing, lithography, printing and publishing. 32. Internet data/telecommunication centers. 33. Laundries: a. self -serve b. dry-cleaning c. tailor, dyeing d. commercial 34. Libraries, museums or art galleries (public). 35. Manufacturing and industrial uses that have little potential for creating off- site noise, smoke, dust, vibration or other external environmental impacts or pollution, including but not limited to, manufacturing, processing, assembling, packaging and/or repairing of: a. Food, including, but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and by products, frozen foods, instant foods and meats (provided that no slaughtering is permitted); b. Pharmaceuticals and related products, such as cosmetics and drugs. c. Previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and wood; d. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 36. Marijuana processor where the underlying zoning is HI or TVS. 37. Marijuana producer where the underlying zoning is HI or TVS. W:\ Word Processing\Ordinances\Zoning for production -processing -retailing of marijuana uses 7-6-15 NG:bjs Page 6 of 11 38. Marijuana retailer where the underlying zoning is HI or TVS. 3639. Medical and dental laboratories. 3710. Motels. 3841. Movie theaters with three or fewer screens. 3912. Neighborhood stormwater detention and treatment facilities. 4843. Offices, including: a. outpatient medical clinic b. dental c. government — excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 41-44. Pawnbrokers. 41215. Planned shopping center (mall) up to 500,000 square feet. 4316. Plumbing shops (no tin work or outside storage). 4447. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 4518. Private stable. 4649. Recreation facilities (commercial - indoor), athletic or health clubs. 4750. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks, shooting ranges. 4651. Religious facility with an assembly area of less than 750 square feet. 4952. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, minivans, recreational vehicles, cargo vans and certain trucks). 5953. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 5454. Research and development facilities. 5255. Restaurants, including: a. drive-through b. sit down c. cocktail lounges in conjunction with a restaurant 5356. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 5457. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber/building materials, lawn and garden supplies, farm supplies. 5558. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title. 5659. Schools and studios for education or self improvement. 5760. Self -storage facilities. 5861. Sewage lift stations. W:\ Word Processing\Ordinances\Zoning for production -processing -retailing of marijuana uses 7-6-15 NG:bjs Page 7 of 11 6-962. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title. 6963. Studios — art, photography, music, voice and dance. 6464. Taverns, nightclubs. 6265. Telephone exchanges. 6966. Theaters for live performances only, not including adult entertainment establishments. 6467. Tow truck operations, subject to all additional State and local regulations. 6968. Water pump station. 6669. Vehicle storage (no customers onsite, does not include park -and -fly operations). 6770. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 8. TMC Section 18.50.210 Amended. Ordinance No. 2407 §10, as codified at TMC Section 18.50.210, "Marijuana Related Uses," is hereby amended to read as follows: A. The production, processing and retailing of marijuana is and remains illegal under federal law. Nothing herein or as provided elsewhere in the ordinances of the City of Tukwila is an authorization to circumvent federal law or provide permission to any person or entity to violate federal law. Only state -licensed marijuana producers, marijuana processors, and marijuana retailers may locate in the City of Tukwila and then only pursuant to a license issued by the State of Washington. The purposes of these provisions is solely to acknowledge the enactment by the state Liquor and Cannabis Board of _ -' _ _ _ - _ ' _ ' . - _ ! _ • : a state licensing procedure and to permit, but only to the extent required by state law, marijuana producers, processors, and retailers to operate in designated zones of the City. B. The production, processing, selling, or delivery of marijuana, marijuana -infused products, or useable marijuana may not be conducted in association with any business establishment, dwelling unit, or home occupation located in any of the following areas: Low Density Residential Medium Density Residential High Density Residential Mixed Use Office Office Residential Commercial Center Neighborhood Commercial Center W:\ Word Processing\Ordinances\Zoning for production -processing -retailing of marijuana uses 7-6-15 NG:bjs Page 8 of 11 Regional Commercial Regional Commercial Mixed Use Tukwila Urban Center Commercial/Light Industrial Light Industrial Manufacturing Industrial Center/Light Manufacturing Industrial Center/Heavy C. Growth of medical marijuana for the personal medical use of an individual qualifying patient as defined in RCW 69.51A.010 is subject to strict compliance with all state regulations, procedures and restrictions as set forth or hereafter adopted at RCW Chapter 69.51A. D. The establishment, location, operation, licensing, maintenance or continuation of a cooperative, as described in Chapter 69.51 RCW, or medical cannabis collective gardens or dispensaries as described in RCW 69.51A.085, is prohibited in all zones of the City. Any person who violates this subsection (18.50.210.D) shall be guilty of a gross misdemeanor and shall be punished by a fine not to exceed $5,000.00, or by imprisonment in jail for a term not exceeding one year, or by both such fine and imprisonment. EG. Any violation of this section is declared to be a public nuisance per se, and, in addition to any other remedy provided by law or equity, may be abated by the City Attorncy under the applicable provisions of this code or state law. Such violations shall be enforced and appealed with the procedures set forth in Tukwila Municipal Code Chapter 8.45. Each day any violation of this section occurs or continues shall constitute a separate offense. F. Penalties. 1. Civil Infraction. Any person violating or failing to comply with this section of the Tukwila Municipal Code, may be issued a civil infraction citation pursuant to TMC Section 8.45.050.C. Each civil infraction shall carry with it a monetary penalty of $200.00 for the first violation, $350.00 for a second violation of the same nature or a continuing violation, and $500.00 for a third or subsequent violation of the same nature or a continuing violation. 2. Violation Notice and Order. a. In the alternative, any person violating or failing to comply with the provisions of this section of the Tukwila Municipal Code may be issued a Violation Notice and Order, as set forth in TMC Chapter 8.45, that shall carry with it a cumulative monetary penalty of $1,000.00 per day for each violation from the date set for compliance until compliance with the Violation Notice and Order is achieved. W:\ Word Processing\Ordinances\Zoning for production -processing -retailing of marijuana uses 7-6-15 NG:bjs Page 9 of 11 b. In addition to any penalty that may be imposed by the City, any person violating or failing to comply with this section shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to the violation. c. Any penalties imposed under this section may be doubled should the violation(s) occur 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, public transit center, or library, or any game arcade to which admission is not restricted to persons aged 21 years or older, as such terms are defined in WAC 314-55- 010 as now enacted or hereafter amended. d. The penalty imposed by this section under a Violation Notice and Order constitutes a personal obligation of the person(s) responsible for the violation, and may be collected by civil action brought in the name of the City. In addition, the monetary penalties or costs assessed pursuant to this chapter may be assessed against the property that is the subject of the enforcement action. e. The Code Enforcement Officer shall have the discretion to impose penalties in an amount lower than those set forth above. 3. Additional Relief. The City may seek legal or equitable relief to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of this section of the Tukwila Municipal Code. The remedies and penalties provided herein are cumulative and shall be in addition to any other remedy provided by law. Section 9. No Non -conforming Uses. No use that constitutes or purports to be a marijuana producer, marijuana processor, or marijuana retailer, as those terms are defined in this ordinance, that was engaged in that activity prior to the enactment of this ordinance shall be deemed to have been a legally established use under the provisions of the Tukwila Municipal Code and that use shall not be entitled to claim legal non- conforming status. Section 10. Adoption of Findings of Fact. The City Council adopts as its preliminary findings the recitals set forth above. The. City Council may adopt additional findings in the event that additional evidence is presented to the City Council. Section 11. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. W:\ Word Processing\Ordinances\Zoning for production -processing -retailing of marijuana uses 7-6-15 NG:bjs Page 10 of 11 Section 12. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 13. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2015. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W:\ Word Processing\Ordinances\Zoning for production -processing -retailing of marijuana uses 7-6-15 NG:bjs Page 11 of 11 City of Tukwila Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE - Meeting Minutes July 13, 2015 — 5:30 p.m. — Hazelnut Conference Room PRESENT Councilmembers: Verna Seal, Chair; Allan Ekberg, Kate Kruller (Absent: Dennis Robertson) Staff: Rachel Turpin, Jack Pace, Robert Eaton, Minnie Dahliwal Keith King, Laurel Humphrey CALL TO ORDER: Committee Chair Seal called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. Agreement: Green City Partnerships Staff is seeking Council approval of an agreement with Forterra for the development of the Green Tukwila Partnership 20 -Year Plan. The Green City program strives to "restore urban greenspace through community stewardship." The process of establishing the Green City designation takes around two years. Year one would include an assessment and then a 20 -year plan. Year two would focus on implementation through stewardship programs. Forterra and City staff would work together to accomplish these goals. The two year plan is budgeted at $100,000, with the City contribution at $40,000 and Forterra committing to $60,000. Pursuant to the Committee's direction on May 26, 2015, a budget amendment for $40,000 has been prepared and will be presented with the overall amendment package. UNANIMOUS APPROVAL. FORWARD TO JULY 27, 2015 COMMITTEE OF THE WHOLE. B. Ordinance: Regulations Relating to Marijuana Staff is seeking Council approval of an ordinance that would amend zoning regulations relating to marijuana in the following ways: • Repeal the existing moratorium • Update definitions to match those in the new state law • Correct the omission of marijuana uses from the Tukwila South Overlay (where underlying zone is HI or TVS) • Reference state regulations, procedures and restrictions for growth of medical marijuana for personal use • Prohibit medical marijuana cooperatives, collective gardens and dispensaries • Establish new civil penalties for violations of these regulations Following committee discussion, the following additional changes were made to the draft ordinance: 1. Section 7.D will be amended to add marijuana cooperatives 2. Section 7.B. will add "as defined in RCW 69.51A.010" after the word "cooperative." 3. A recital will be added stating that House Bill 2136 allows Cities to ban cooperatives. Attachment B Community Affairs & Parks Committee Minutes July 13, 2015 - Page 2 - 4. Section 5 regarding the definition of "marijuana -infused products" will be amended to remove "no greater than 10 percent" and replace it with a reference to the state law. 5. The first recital, which read as follows, will be deleted: "WHEREAS, since 1970, federal law has prohibited the manufacture and possession of marijuana as a Schedule 1 drug, based on the federal government's categorization of marijuana as having a 'high potential for abuse, lack of any accepted medical use, and abasence 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. 1232,21 U.S.C. 801 et seq; and" As previously discussed, the Committee members expressed a preference that the draft ordinance go directly on to the Committee of the Whole following review by the Planning Commission, rather than returning to Committee. As follow up to the June 22 Committee discussion, Planning Director Jack Pace shared that the Police Department and Code Enforcement staff have been working together on integrated internal procedures regarding enforcement of the draft ordinance. In addition, the Communications Department is helping with a robust information campaign to inform residents of the new law. It will be important for City employees to be informed and to be able to provide a common response to inquiries. The Committee also requested an updated map showing location restrictions as imposed by Initiative 502 and current state law, which helps illustrate this proposal for zoning. UNANIMOUS APPROVAL. FORWARD TO AUGUST 10, 2015 COMMITTEE OF THE WHOLE FOLLOWING PLANNING COMMISSION REVIEW. C. Review of the Community Affairs and Parks Committee Work Plan Committee members and staff reviewed the Committee Work Plan as represented in the packet. DCD staff is currently looking at appropriate dates and groupings for several items. Councilmember Kruller noted that parking on her street is becoming increasingly difficult to numerous vehicles associated with single homes. INFORMATION ONLY. III. MISCELLANEOUS Meeting adjourned at 6:36 p.m Next meeting: Monday, July 27, 2015 Minutes by LH Committee Chair Approval City of Tukwila Community Affairs & Parks Committee O Verna Seal, Chair O Dennis Robertson O Allan Ekberg Distribution: V. Seal D. Robertson A. Ekberg K. Kruller Mayor Haggerton D. Cline C. O'Flaherty R. Turpin L. Humphrey R. Eaton N. Gierloff AGENDA ®1�v MONDAY, JULY 13, 2015 — 5:30 PM ��� 0per' HAZELNUT CONFERENCE Room (formerly known as CR #3) at east entrance of City Hall Item: Recommended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA a. An agreement regarding the Green City Partnerships. Robert Eaton, Parks & Recreation Superintendent b. An ordinance relating to medical marijuana. Nora Gierloff, Deputy Community Development Director c. Review of the Community Affairs and Parks Committee work plan. Laurel Humphrey, Council Analyst 3. ANNOUNCEMENTS 4. MISCELLANEOUS a. Forward to 7/27 C.O.W. and 8/3 Regular Mtg. b. Forward to 8/10 C.O.W. and 8/17 Regular Mtg. c. Information only. Pg.1 Pg.29 Pg.43 Next Scheduled Meeting: Monday, Ju/y27, 2015 6 The City of Tukwila strives to accommodate those with disabilities. Please contact the City Clerk's Office at 206-433-1800 (TukwilaCityClerk@TukwilaWA.gov) for assistance. TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and Parks Committee FROM: Rachel. Turpin, City Attorney BY: Nora Gierloff, Deputy DCD Director DATE: July 8, 2015 SUBJECT: Medical Marijuana Zoning Ordinance ISSUE Should the moratorium on medical marijuana collective .gardens and dispensaries be replaced with zoning regulations per new state laws? BACKGROUND Since 2011 the City has had a moratorium prohibiting medical marijuana collective gardens and dispensaries'. due to a lack of clarity in state laws, regarding medical marijuana and a lack of regulation of this industry. Recent changes approved by the Washington State Legislature will dramatically change the current state medical marijuana laws in phases through July 2016. At the June 22 CAP meeting the Committee gave direction to the City Attorney and DCD staff to develop a draft ordinance that would ban collective gardens and dispensaries, integrate the medical and recreational marijuana industries in accordance with the new state laws; and establish significant civil penalties for violations. DISCUSSION The draft ordinance attached amends the Zoning Code regulations regarding marijuana uses and definitions to meet new Washington State regulations contained in SB 5052. Specifically it: 1. Repeals the existing moratorium 2. Updates definitions to match those in the new state law 3. Corrects the omission of marijuana uses from the Tukwila South Overlay (where the underlying zoning is HI or TVS) 4. References state regulations, procedures and restrictions for growth of medical. marijuana for personal medical use 5. Prohibits medical marijuana cooperatives, collective gardens and dispensaries 6. Establishes new civil penalties for violations of these regulations As this ordinance amends the Zoning Code it will need to go to the Planning Commission for a public hearing and recommendation. The next available date is July 23, 2015..The Committee approved returning the ordinance directly to the Committee of the Whole rather than an additional CAP meeting. 29 30 INFORMATIONAL MEMO Page 2 FINANCIAL IMPACT No direct financial impacts are expected from these changes. RECOMMENDATION The Council is being asked to forward this ordinance to the Planning Commission for a hearing and recommendation. The ordinance will then return directly to the August 10, 2015 Committee of the Whole meeting for a hearing and subsequent August 17, 2015 Regular Meeting. ATTACHMENTS Draft Marijuana Zoning Ordinance W:12015 Info Memos\MedicalMarijuanaJlnfoMemo.doc DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES RELATING TO LAND USE AND ZONING AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTIONS 18.06.552, 18.06.553, 18.06.554, 18.06.556, 18.41.020 AND 18.50.210; ADOPTING ZONING RESTRICTIONS ON THE PRODUCTION, PROCESSING, AND RETAILING OF MARIJUANA USES; DESCRIBING THE LAND USE IMPACTS TRIGGERING SUCH RESTRICTIONS; ADDING THE TUKWILA SOUTH OVERLAY AS A PERMITTED ZONE FOR MARIJUANA USES; ESTABLISHING PROCEDURES FOR ENFORCEMENT OF VIOLATIONS INCLUDING ABATEMENT OF MARIJUANA NUISANCES; REPEALING ORDINANCE NO. 2475, WHICH ESTABLISHED THE MORATORIUM ON MEDICAL CANNABIS COLLECTIVE GARDENS OR DISPENSARIES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, since 1970, possession—of marijuana as a categorizatioribcmarijuana as medial use, and -abs ce tre ment." Gonzales v. Reich, 84 Stat. 1242, 21 U.S.C. 801 et federal law has prohibited the manufacture and Schedule 1 drug, based on the federal government's aging a "high potential for ahuge, lack of any accepted, any accepted safety for use in medically supervised 545 U.S. 1, 14 (2005 , ontrolled Substance Act (CSA), seq; and WHEREAS, Initiative 502 directed the Washington State Liquor Control Board (WSLCB) to develop rules and regulations to: 1 Determine the number of producers, processors and retailers of marijuana by county; 2. Develop licensing and other regulatory measures; 3. Issue licenses to producers, processors, and retailers at locations which comply with the Initiative's distancing requirements prohibiting such uses within 1,000 feet of schools and other designated public facilities; and 4. Establish a process for the City to comment prior to the issuance of such licenses; and W:\ Word Processing\Ordinances\Zoning for production -processing -retailing of marijuana uses 7-6-15 NG:bjs Page 1 of 11 31 WHEREAS, on April 24, 2015, 2SSB 5052 was approved revising the framework under which medical marijuana producers, processors, and retailers can operate and become licensed by the State of Washington; and WHEREAS, the WSLCB has adopted regulations for recreational marijuana and begun issuance of marijuana producer, processor and retail licenses to qualified applicants; and WHEREAS, 2SSB 5052 has established a medical marijuana endorsement to permit a licensed recreational marijuana retailer to also sell marijuana for medical use to qualifying patients and designated providers; and WHEREAS, 2SSB 5052 has directed the now renamed Washington State Liquor and Cannabis Board to develop and maintain a secure and confidential medical marijuana authorization database of patients and designated providers; and WHEREAS, 2SSB 5052 will repeal authorization for collective gardens on July 1, 2016; and WHEREAS, 2SSB 5052 authorizes qualifying patients to grow a limited number of medical marijuana plants in their own domicile; and WHEREAS, 2SSB 5052 authorizes up to four qualifying patients and/or designated providers to form cooperatives to grow a limited number of medical marijuana plants in their own domicile starting on July 1, 2016; and WHEREAS, the City Council wishes to clarify that the manufacture, production, processing, retailing, possession, transportation, delivery, dispensing, application, or administration of marijuana must comply with all applicable City laws, and that compliance with City laws does not constitute an exemption from compliance with applicable state and federal regulations; and WHEREAS, the City of Tukwila believes that the health, safety, and welfare of the community is best served by excluding from certain zones any commercial production, processing, selling or delivery of marijuana; and WHEREAS, the City of Tukwila adopted Ordinance No. 2475, imposing a moratorium on medical cannabis collective gardens or dispensaries while zoning for said uses is established; and WHEREAS, Ordinance No. 2475 requires formal action by the City Council to terminate the moratorium; and W:\ Word Processing\Ordinances\Zoning for production -processing -retailing of marijuana uses 7-6-15 NG:bjs 32 Page 2 of 11 WHEREAS, the City Council studied the land use and other secondary impacts of recreational marijuana use, and adopted Ordinance No. 2407 authorizing recreational marijuana producers, processors and retailers within specific zoning districts to address these impacts; and WHEREAS, the City Council finds that no additional land use or secondary impacts are expected due to the expansion of the recreational marijuana industry to include medical marijuana, per regulations to be developed by the Washington State Liquor and Cannabis Board; and WHEREAS, the State Environmental Policy Act (SEPA) Responsible Official issued an addendum for this draft ordinance to the environmental review conducted for Ordinance No. 2407 on June 25, 2015; and WHEREAS, on July 23, 2015 (to be held), the Planning Commission held a public hearing on the draft zoning ordinance; and WHEREAS, the Planning Commission recommended approval (to be determined) of the draft zoning ordinance to the City Council; and WHEREAS, on August 10, 2015 (to be held), the City Council held a hearing on the draft zoning ordinance, after proper notice, during its regular meeting; and WHEREAS, the City Council, after due consideration, believes that certain amendments to the City's Zoning Code are necessary; and WHEREAS, the City Council decided to adopt a zoning ordinance and to formally repeal the moratorium on medical cannabis collective gardens or dispensaries (Ordinance No. 2475); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Formal Repeal of Moratorium. Ordinance No. 2475, a moratorium on the establishment of medical cannabis collective gardens or dispensaries, is hereby repealed. Section 2. TMC Section 18.06.552 Amended. Ordinance No. 2407 §3, as codified at Tukwila Municipal Code (TMC) Section 18.06.552, is hereby amended to read as follows: Marijuana Processor "Marijuana processor" means a person licensed by the state Liquor ceeland Cannabis Board to process marijuana, whether medical or recreational, into marijuana concentrates, useable marijuana and marijuana -infused products; package and label marijuana concentrates, useable marijuana and marijuana -infused products for sale in W:\ Word Processing\Ordinances\Zoning for production -processing -retailing of marijuana uses 7-6-15 NG:bjs Page 3of11 33 retail outlets; and sell marijuana concentrates, useable marijuana and marijuana -infused products at wholesale to marijuana retailers. Section 3. TMC Section 18.06.553 Amended. Ordinance No. 2407 §4, as codified at TMC Section 18.06.553, is hereby amended to read as follows: Marijuana Producer "Marijuana producer" means a person licensed by the state Liquor and Cannabiscentrel Board to produce and sell marijuana, whether medical or recreational, at wholesale to marijuana processors and other marijuana producers. Section 4. TMC Section 18.06.554 Amended. Ordinance No. 2407 §5, as codified at TMC Section 18.06.554, is hereby amended to read as follows: Marijuana Retailer "Marijuana retailer" means a person licensed by the state Liquor and Cannabissentrol Board to sell marijuana concentrates, useable marijuana., and marijuana -infused products in a retail outlet, for either recreational or medical use. Section 5. TMC Section 18.06.556 Amended. Ordinance No. 2407 §6, as codified at TMC Section 18.06.556, is hereby amended to read as follows: -,4 IA) Marijuana -infused Product "Marijuana -infused products" means products that contain marijuana or marijuana extracts.; and -are intended for human use, whether medical or recreational; and have a THC concentration no greater than 10 percent. The term "marijuana -infused products" does not include either useable marijuana or marijuana concentrates. Section 6. TMC Section 18.41.020 Amended. Ordinance Nos. 2368 §45, 2287 §31, 2251 §57, and 2235 §10 (part), as codified at TMC Section 18.41.020, (Tukwila South Overlay District) "Permitted Uses," are hereby amended to read as follows: 18.41.020 Permitted Uses The following uses are permitted outright within the Tukwila South Overlay District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Adult daycare. 2. Adult entertainment establishments are permitted, subject to the following location restrictions: W:\ Word Processing\Ordinances\Zoning for production -processing -retailing of marijuana uses 7-6-15 NG:bjs 34 Page 4 of 11 a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones; whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially -zoned property; (2) In or within one-half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel, or (c) public library. b. The distances specified in TMC Section 18.41.020.2.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 3. Amusement parks. 4. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 5. Automotive services: a. gas, outside pumps allowed b. washing G. body and engine repair shops (enclosed within a building) 6. Beauty or barber shops. 7. Bed and breakfast lodging. 8. Bicycle repair shops. 9. Billiard or pool rooms. 10. Brew pubs. 11. Bus stations. 12. Cabinet shops or carpenter shops employing less than five people. 13. Colleges and universities. 14. Computer software development and similar uses. 15. Continuing care retirement facility. 16. Convalescent and nursing homes. 17. Convention facilities. 18. Daycare centers. W:\ Word Processing\Ordinances\Zoning for production -processing -retailing of marijuana uses 7-6-15 NG:bjs Page 5 of 11 35 19. Dwelling (allowed after residential design manual with criteria for approval is adopted by ordinance): a. one detached single-family unit per lot b. multi -family c. multi -family units above office and retail space d. senior citizen housing 20. Electrical substation and distribution. 21. Extended -stay hotel/motel. 22. Farming and farm -related activities. 23. Financial: a. banking b. mortgage c. other services 24. Fire and police stations. 25. Fix -it, radio or television repair shops/rental shops. 26. Fraternal organizations. 27. Frozen food lockers for individual or family use. 28. Greenhouses or nurseries (commercial). 29. Hospitals. 30. Hotels. 31. Industries involved with etching, film processing, lithography, printing and publishing. 32. Internet data/telecommunication centers. 33. Laundries: a. self -serve b. dry-cleaning c. tailor, dyeing d. commercial 34. Libraries, museums or art galleries (public). 35. Manufacturing and industrial uses that have little potential for creating off- site noise, smoke, dust, vibration or other external environmental impacts or pollution, including but not limited to, manufacturing, processing, assembling, packaging and/or repairing of: a. Food, including, but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and by products, frozen foods, instant foods and meats (provided that no slaughtering is permitted); b. Pharmaceuticals and related products, such as cosmetics and drugs. c. Previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and wood; d. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 36. Marijuana processor where the underlying zoning is HI or TVS. 37. Marijuana producer where the underlying zoning is HI or TVS. W:\ Word Processing\Ordinances\Zoning for production -processing -retailing of marijuana uses 7-6-15 NG:bjs 36 Page 6 of 11 38. Marijuana retailer where the underlying zoning is HI or TVS. 3639. Medical and dental laboratories. 3740. Motels. 3841. Movie theaters with three or fewer screens. 3942. Neighborhood stormwater detention and treatment facilities. 4043. Offices, including: a. outpatient medical clinic b. dental c. government — excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 4144. Pawnbrokers. 4245. Planned shopping center (mall) up to 500,000 square feet. 4346. Plumbing shops (no tin work or outside storage). 4447. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 4548. Private stable. 4649. Recreation facilities (commercial - indoor), athletic or health clubs. 4750. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks, shooting ranges. 4851. Religious facility with an assembly area of less than 750 square feet. 4952. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, minivans, recreational vehicles, cargo vans and certain trucks). 5053. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 5454. Research and development facilities. 5255. Restaurants, including: a. drive-through b. sit down c. cocktail lounges in conjunction with a restaurant 5356. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 5457. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber/building materials, lawn and garden supplies, farm supplies. 5558. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title. 5659. Schools and studios for education or self improvement. 5760. Self -storage facilities. 5861. Sewage lift stations. W:\ Word Processing\Ordinances\Zoning for production -processing -retailing of marijuana uses 7-6-15 NG:bjs Page 7 of 11 37 5962. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title. 6063. Studios — art, photography, music, voice and dance. 6464. Taverns, nightclubs. 6265. Telephone exchanges. 6366. Theaters for live performances only, not including adult entertainment establishments. 6467. Tow truck operations, subject to all additional State and local regulations. 6568. Water pump station. 6669. Vehicle storage (no customers onsite, does not include park -and -fly operations). 6770. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 7. TMC Section 18.50.210 Amended. Ordinance No. 2407 §10, as codified at TMC Section 18.50.210, "Marijuana Related Uses," is hereby amended to read as follows: A. The production, processing and retailing of marijuana is and remains illegal under federal law. Nothing herein or as provided elsewhere in the ordinances of the City of Tukwila is an authorization to circumvent federal law or provide permission to any person or entity to violate federal law. Only state -licensed marijuana producers, marijuana processors, and marijuana retailers may locate in the City of Tukwila and then only pursuant to a license issued by the State of Washington. The purposes of these provisions is solely to acknowledge the enactment by the state Liquor and Cannabis Board of + - - - - - - - - - ! - - : a state licensing procedure and to permit, but only to the extent required by state law, marijuana producers, processors, and retailers to operate in designated zones of the City. B. The production, processing, selling, or delivery of marijuana, marijuana -infused products, or useable marijuana may not be conducted in association with any business establishment, dwelling unit, or -home occupation or cooperative located in any of the following areas:V��r^ Low Density Residential Medium Density Residential High Density Residential Mixed Use Office Office Residential Commercial Center W:\ Word Processing\Ordinances\Zoning for production -processing -retailing of marijuana uses 7-6-15 NG:bjs 38 Page 8of11 f Neighborhood Commercial Center Regional Commercial Regional Commercial Mixed Use Tukwila Urban Center Commercial/Light Industrial Light Industrial (Manufacturing Industrial Center/Light Manufacturing Industrial Center/Heavy C. Growth of medical marijuana for the personal medical use of an individual qualifying patient as defined in RCW 69.51A.010 is subject to strict compliance with all state regulations, procedures and restrictions as set forth or hereafter adopted at RCW Chapter 69.51A. os... �,,,., � b- a.)6 . (cC 11- D. The tablishment, location, operation, licensing, maintenance or continuation of medical cannabis collective gardens or dispensaries as described in RCW 69.51A.085 is prohibited in all zones of the City. Any person who violates this subsection (18.50.210.D) shall be guilty of a gross misdemeanor and shall be punished by a fine not to exceed $5,000.00, or by imprisonment in jail for a term not exceeding one year, or by both such fine and imprisonment. E6. Any violation of this section is declared to be a public nuisance per se, and, in addition to any other remedy provided by law or equity, may be abated by the City Attorney -under the applicable provisions of this code or state law. Such violations shall be enforced and appealed with the procedures set forth in Tukwila Municipal Code Chapter 8.45. Each day any violation of this section occurs or continues shall constitute a separate offense. F. Penalties. 1. Civil Infraction. Any person violating or failing to comply with this section of the Tukwila Municipal Code, may be issued a civil infraction citation pursuant to TMC Section 8.45.050.C. Each civil infraction shall carry with it a monetary penalty of $200.00 for the first violation, $350.00 for a second violation of the same nature or a continuing violation, and $500.00 for a third or subsequent violation of the same nature or a continuing violation. 2. Violation Notice and Order. a. In the 'alternative, any person violating or failing to comply with the provisions of this section of the Tukwila Municipal Code may be issued a Violation Notice and Order, as set forth in TMC Chapter 8.45, that shall carry with it a cumulative monetary penalty of $1,000.00 per day for each violation from the date set for compliance until compliance with the Violation Notice and Order is achieved. W:\ Word Processing\Ordinances\Zoning for production -processing -retailing of marijuana uses 7-6-15 NG:bjs Page 9 of 11 39 b. In addition to any penalty that may be imposed by the City, any person violating or failing to comply with this section shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to the violation. c. Any penalties imposed under this section may be doubled should the violation(s) occur 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, public transit center, or library, or any game arcade to which admission is not restricted to persons aged 21 years or older, as such terms are defined in WAC 314-55- 010 as now enacted or hereafter amended. d. The penalty imposed by this section under a Violation Notice and Order constitutes a personal obligation of the person(s) responsible for the violation, and may be collected by civil action brought in the name of the City. In addition, the monetary penalties or costs assessed pursuant to this chapter may be assessed against the property that is the subject of the enforcement action. e. The Code Enforcement Officer shall have the discretion to impose penalties in an amount lower than those set forth above. 3. Additional Relief. The City may seek legal or equitable relief to enioin any acts or practices and abate any condition which constitutes or will constitute a violation of this section of the Tukwila Municipal Code. The remedies provided herein are cumulative and shall be in addition to any other remedy provided by law. Section 8. No Non -conforming Uses. No use that constitutes or purports to be a marijuana producer, marijuana processor, or marijuana retailer, as those terms are defined in this ordinance, that was engaged in that activity prior to the enactment of this ordinance shall be deemed to have been a legally established use under the provisions of the Tukwila Municipal Code and that use shall not be entitled to claim legal non- conforming status. Section 9. Adoption of Findings of Fact. The City Council adopts as its preliminary findings the recitals set forth above. The City Council may adopt additional findings in the event that additional evidence is presented to the City Council. Section 10. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. W:\ Word Processing\Ordinances\Zoning for production -processing -retailing of marijuana uses 7-6-15 NG:bjs 40 Page 10 of 11 Section 11. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 12. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2015. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W:\ Word Processing\Ordinances\Zoning for production -processing -retailing of marijuana uses 7-6-15 NG:bjs Page 11 of 11 41 Community Affairs and Parks Committee - 2015 Work Plan City of Tukwila Updated 7/1/15 43 Description Qtr Dept Action <or Briefing Status 1. Development Agreement with 90 Andover Park East 1 DCD A Complete 2. Duwamish Gardens — Advertise and award construction contract 1 PW A Complete p 3. Chinook Winds — Resolution to accept site from King County 1 PW A Complete p 4. Briefing on implementation of Shoreline Master Program 2 DCD B Complete (COW) 5. Human Services contracts over $40K 1 HS A Complete 6. 1% for the Arts — Procedures and Guidelines 1 PR B 7. Duwamish Hill Construction — Contract Award 1 PR A Complete 8. FGL Golf Carts — Purchase Approval 1 PR A Complete 9. Accessible Programs — Update 3 PR B 10 City Support for Veterans 3-4 Multiple A/B 11 Commercial Vehicles in Residential Zones 2 Multiple A In progress 12 Collective Gardens Moratorium Next Steps 2 DCD A In progress 13 Update Wireless Facility Regulations per new FCC rules 2 DCD A 14 Park Rules (including Park signage per 1/12 COW) 2 PRK A Complete 15 CDBG Application — 2016 Minor Home Repair 2 HS A Complete 16 I-CANN, 5210 Implementation & Food Policy — Update 2 PR B 17 Riverbank Waterfowl Agreement 2 PR A Complete 18 Property Maintenance Standards 2-3 DCD A 19 Minor Home Repair Program 3 HS A 20 Park Stewardship Plan — Briefing 3 PR B 21 Earthcorp Projects — Update 3 PR B 22 Developer selection for urban renewal project (motels) 3 ED A 23 Duwamish Hill Construction — Contract Closeout 4 PR A 24 FGL Pond Liner — Purchase Approval 4 PR A 25 "Siccardi" Parcel Official Naming (2015 QTR 4 or 2016) 4 PR A 26 Registration Software — Update (purchase 2016 or budget for 2017) 4 PR B 27 Tukwila Village plaza/commons non-profit formation 4 ED A 28 Trakit Citizen Comment Module Update DCD B 29 Tree City USA PR A 30 Legislative Agenda 1 Gov A Complete 31 Intl Building Code + Healthy Housing Policies 2 DCD A 32 Marijuana Regulations Roundtable 2 Multiple B Complete 33 Briefing on vacant house registry programs 3 DCD B Standard. Reports/Briefings Frequency . Dept: 34 Summer Events Calendar Annual Parks 35 Parks Department Report (or to COW/Council?) Annual Parks 36 Teens for Tukwila Parking lot 37 Standards for private vehicles on private property City of Tukwila Updated 7/1/15 43 Community Affairs and Parks Committee 2015 Work Plan Abbreviation Key: A Action item DCD Community Development PR Parks B Briefing item ED Economic Development PW Public Works ATTY City Attorney HS Human Services GOV Government Rel. City. of Tukwila 44 Updated 7/1/15 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and Parks Committee FROM: Laurel Humphrey, Council Analyst DATE: June 16, 2015 SUBJECT: Illegal Marijuana Grow Operations ISSUE Combating illegal medical marijuana grow operations in Tukwila. BACKGROUND The City has had a moratorium prohibiting medical marijuana collective gardens and dispensaries for several years, due to a lack of clarity in state laws regarding medical marijuana and a lack of regulation of this industry. In May, the City was granted preliminary injunctions against two medical marijuana collective gardens operating in violation of the moratorium. Recent inspections by the City show that these properties are currently in compliance with the preliminary injunctions, and the City is currently working to resolve these cases in a manner that ensures continued compliance with state and local laws. The Washington State Legislature recently passed legislation that will dramatically change the current state medical marijuana laws in July 2016. At its June 8, 2015 meeting, the Community Affairs and Parks Committee gave direction to the City Attorney and DCD staff to develop a draft ordinance that would a) ban collective gardens and dispensaries until July 2016 and b) require compliance with state laws after July 2016, establishing significant civil penalties for violations. Drafting of the ordinance is currently underway and staff expect to have it ready for CAP review at itsJu y 7; LO meeting. The Committee also urged the creation of a thorough process for enforcement of the ordinance, with input and buy -in from all departments involved. DISCUSSION The purpose of this meeting is to continue discussion of the City's strategy for combatting illegal grow operations as well as plan for a follow-up discussion to be held by the entire Council. Councilmember Robertson, because he feels City staff is currently committed to a variety of important projects, has suggested a dedicated project team including external legal counsel responsible for project management, communications, partnership with other entities such as the King County Prosecutor and Liquor Control Board, strategy and process development, and more. FINANCIAL IMPACT Unknown at this time. RECOMMENDATION No recommendation. ATTACHMENTS • June 8, 2015 CAP Meeting Minutes • AWC Senate Bill 5052 Overview City of Tukwila Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE - Meeting Minutes June 8, 2015 — 5:30 p.m. — Hazelnut Conference Room PRESENT Councilmembers: Verna Seal, Chair; Dennis Robertson, Allan Ekberg Staff: Rachel Turpin, Rachel Bianchi, Jack Pace, Mike Villa, Laurel Humphrey Guests: Sharon Mann, resident CALL TO ORDER: Committee Chair Seal called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. Update on Medical Cannabis City Attorney Rachel Turpin provided an update to the Committee regarding the status of medical marijuana regulations. The City currently has in place a moratorium prohibiting medical marijuana collective gardens and dispensaries. Because it is set to expire in October, policy direction is needed from the Council regarding next steps. In addition, the Cannabis Patient Protection Act, recently passed by the Washington State Legislature, will significantly change regulations at the state level with ensuing impacts to cities. The following paragraphs summarize the information shared with the Committee. Summary of Senate Bill 5052 Changes SB 5052 establishes the Liquor Control Board (to be renamed the Liquor and Cannabis Board) as the regulatory agency overseeing medical marijuana, creates a system of cooperatives, and increases the limit to 15 plants for those registering into an optional database. Those who do not sign up for the database are limited to four plants and six ounces. Medical marijuana must be grown in the grower's domicile. Cooperatives may be formed by four qualifying patients or providers, and 60 plants may be grown at the cooperative location. Cooperatives will not require a City business license. Most of the provisions of the law do not go into effect until July 1, 2016, although the patient database is going to be developed starting July 24, 2015. The law no longer includes a statement giving cities the option to ban medical marijuana through zoning regulations, which was employed by the City of Kent in its collective garden ban, recently upheld by the State Supreme Court. Cities do not have authority to create criminal penalties or penalties for drug violations, but do have authority to create civil penalties, such as for growing marijuana out of compliance with state law. 13 Community Affairs & Parks Committee Minutes June 8, 2015 - Page 2 Tukwila's Next Steps The current moratorium prohibiting medical marijuana collective gardens and dispensaries is set to expire in October 2015, so the City Attorney is seeking direction on what type of legislation to have ready. Since the City can continue to prohibit collective gardens until the state law takes effect in July 2016, it is possible to draft one ordinance that includes short term and long term provisions, such as a section prohibiting collective gardens but specifying that that section terminates in July 2016. The City has flexibility until July 2016, and could consider adding a misdemeanor penalty. Process for Enforcement Committee members stated that the proposed legislation must be enforceable and it would be prudent to determine the cross -departmental process for handling violations early in the process. Ms. Turpin stated that the recent injunction process the Council approved for two properties in the City does require compliance with city and state laws. The City will be inspecting the properties to follow up. Committee Recommendation The Committee unanimously supported the development of an ordinance that would prohibit collective gardens through July 2015 and thereafter require compliance with state law. They did not feel it would be worthwhile to include a misdemeanor component for this temporary period. The draft ordinance should establish civil penalties for violating state law, and they would like to see clearly defined City processes for compliance and enforcement, with input from the City Prosecutor. RETURN TO COMMITTEE WITH DRAFT ORDINANCE. III. MISCELLANEOUS Meeting adjourned at 6:49 p.m Next meeting: Monday, June 22, 2015 (4 - Committee Chair Approval Minutes by LH, Reviewed by RT 14 �r� r f ��ia �� Strongcities GraLState 1 ,.�,�: �� I :. I� ! -I (�`�' a ��`t' .I�; I!'�" i" F I ate 505° i� �� ��f�y.r Il 1"- Gl' •ie11t,i ° ' 1 #!, G I ��►���, ��0� ,�� i < < � (r ',�YP .rA � ��.��, 'Tf�i° 1� I i , �1,,, 1 I ��fl ��� I ii I� On April 24, 2015, Governor Jay Inslee signed into law SB 5052, the cannabis patient protection act. The act establishes a medical marijuana oversight body, guidance for rules and regulation, licensing, and defines cooperatives and personal grows. The law has various enactment dates over the course of the next year and a half. Oversight SB 5052 establishes the Liquor Control Board as the regulatory agency overseeing medical marijuana, and renames the board the Liquor and Cannabis Board (LCB). Regulation Medical use of marijuana is regulated through the same structure as provided through Initiative 502 (legalization of recreational marijuana). The LCB shall adopt comprehensive rules and regulations similar to that of the recreational market to regulate the medical marijuana market. To qualify for the "medical use" of marijuana, the terminal or debilitating conditions must be severe enough to significantly interfere with activities of daily living and must be able to be objectively assessed and evaluated. A voluntary medical marijuana authorization database is created. Qualifying patients and designated providers who do not sign up for the database may grow marijuana for their medical use but are limited to four plants and six ounces of useable marijuana. They are provided an affirmative defense to charges of violating the law on medical use of marijuana. Those who do register in the database may grow up to 15 plants for medical use, are provided arrest protection, and may possess a combination of the following: • Forty-eight ounces of marijuana -infused product in solid form; • Three ounces of useable marijuana; • Two hundred sixteen ounces of marijuana - infused product in liquid form; or • Twenty-one grams of marijuana concentrates. Licensing Marijuana retail establishments may apply for a medical marijuana endorsement through the LCB. The endorsement may be issued concurrently with the retail license and medical marijuana—endorsed Association of Washington Cities awcnet.org stores must carry products identified by the Department of Health (DOH) as beneficial to medical marijuana patients. DOH must also adopt safe handling requirements for all marijuana products to be sold by endorsed stores and must adopt training requirements for retail employees. The LCB must reopen the license period for retail stores and allow for additional licenses to be issued in order to address the needs of the medical market. The LCB must establish a merit based system for issuing retail licenses. • First priority must be given to applicants that have applied for a marijuana retailer license before July 1, 2014, and who have operated or been employed by a collective garden before November 6, 2012. • Second priority must be given to applicants who were operating or employed by a collective garden before November 6, 2012 but who have not previously applied for a marijuana license. Use by minors Minors may be authorized for the medical use of marijuana if the minor's parent or guardian agrees to the authorization. The parent or guardian must have sole control over the minor's marijuana. Minors may not grow marijuana, nor may they purchase from a retailer, but they may enter the premises of a medical marijuana retailer if they are accompanied by their parent or guardian who is serving as the designated provider. Patients who are between ages 18 and 21 may enter medical marijuana retail outlets. Cooperatives and personal grows Those who are registered in the medical marijuana database may grow marijuana in their domicile. No more than 15 plants may be grown in a housing unit, unless the housing unit is the location of a cooperative. No plants may be grown or processed if any portion of the activity may be viewed or smelled by the public or the private property of another housing unit. 360.753.4137 pg. 1 15 �tronje Great . Stat' 1 l _ Cann�ab Senate ' s Patient:: Bill '5052 2, l ° rotect`'. I . l is, 1 The provision authorizing collective gardens is repealed, effective July 1, 2016. In their place, four member cooperatives are permitted. A maximum of 60 plants (15 plants x 4 members) may be grown at the cooperative location. Qualifying patients or designated providers may form a cooperative and share responsibility for acquiring and supplying the resources needed to produce and process marijuana only for the medical use of members of the cooperative. No more than four qualifying patients or designated providers may become members of a cooperative under this section and all members must hold valid recognition cards. All members of the cooperative must be at least 21 years old. The designated provider of a qualifying patient who is under 21 years old may be a member of a cooperative on the qualifying patient's behalf. Cooperatives may not be located within one mile of a marijuana retailer and they must be registered with the LCB. If a member of the cooperative leaves, he or she must notify the LCB within 15 days of the date he/she ceases participation. Additional qualifying patients or designated providers may not join the cooperative until 60 days has passed. Cooperatives may not sell, donate or otherwise provide marijuana to a person not participating in the cooperative. The location of the cooperative must be a domicile of one of the participants. Only one cooperative may located per domicile. The LCB may adopt rules regulating cooperatives, including a seed to sale traceability model that is similar to the model in the recreational market. The LCB or law enforcement may inspect a cooperative. Local authority Cities, towns, counties, and other municipalities may create and enforce civil penalties, including abatement procedures, for the growing or processing of marijuana and for keeping marijuana plants Association of Washington Cities awcnet.org beyond or otherwise not in compliance with the rules and regulations of cooperatives. Enactment July 24, 2015, except for the following: Immediately: • Contracting with an entity to create, administer and maintain the patient database. • Exempting disclosure of records in the database, including patient names and personally identifiable information. • The LCB conducting controlled purchase programs to ensure marijuana is not being sold to minors, minors are not selling marijuana in retail and medical establishments and whether collective gardens and cooperatives are providing minors with marijuana. July 1, 2016 • Minors, between the ages of 18-20, with recognition cards may begin buying medical marijuana. • The amount of marijuana medical patients may acquire goes into effect. • Health care professionals may begin authorizing qualifying patients under the age of 18 to use medical marijuana. Their parent or guardian shall act as their designated provider. • Various provisions related to the security of the medical marijuana authorization database. • Criminal protections for the medical use of marijuana. • Group cooperatives are allowed. • Collective gardens are eliminated. • Allowing minors who are eligible to consume medical marijuana on school grounds. 360.753.4137 pg. 2 17 Legend Tukwila. citylimits <all other values> Commercial Light Industrial Heavy Industrial High Density Residential Lignt Industrial Low Density Residential Manufacturing Industrial Center/Heavy Manufacturing Industrial Center/Light Medium Density Residential Mixed Use Office Neighborhood Commercial Center Office Regional Commercial Regional Commercial Mixed Use Residential Commercial Center Tukwila Urban Center Tukwila Valley South 0 0.75 1.5 3 Miles N Path: H:IMapsIStacylMap 4_HI&TVS.mxd Areas where Marijuana Uses are Permitted Legend - 11 Heavy Industrial - TVS Tukwila Vatley South White Areas = Locations restricted by WSLCB and zones where marijuana uses would not be permitted Date Saved: 011281201411:10:00 AM TMC AMENDMENTS MEDICAL MARIJUANA CITY WIDE PL13-032 L13-035 ZONING CODE AMENDMENT E13-013 SEPA REVIEW 17 L15-0007 ZONING ORDINANCE SEPA REVIEW City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director PROJECT TITLE: Adoption of City of Tukwila Recreational Marijuana Regulations DNS (File #E13-0013): Addendum Addressing SB 5052 Medical Marijuana Regulations PROPOSED ACTION: The City of Tukwila is proposing amendments to the Zoning Code regulations regarding marijuana uses and definitions to meet new Washington State regulations contained in SB 5052. Definitions will be revised to reflect the language in the new state law and medical marijuana uses will be accommodated within the same location criteria as recreational marijuana uses. PROPONENT AND LEAD AGENCY: City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 SEPA RESPONSIBLE OFFICIAL: Jack Pace, Director Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 206-431-3670 CONTACT PERSON: Nora Gierloff Telephone: 206-433-7141 Email: Nora.Gierloff@tukwilawa.gov LOCATION OF DOCUMENTS: City of Tukwila Department of Community Development, 6300 Southcenter Boulevard, Tukwila, WA 98188 Office hours: 8:30 a.m. to 5 p.m. SEPA COMPLIANCE: A checklist was completed and a DNS was issued on 7/30/2013 prior to the adoption of Ordinance 2407 which created a new zoning code section TMC 18.50.210 Marijuana Related Uses. The same issues and analysis cover the proposed updates to align with SB 5052 and the allowed locations for marijuana uses will not change. We have identified and adopted this document as being appropriate for this proposal after independent review. The document meets our environmental review needs for the current proposal and will accompany the proposal to the decisionmaker. Signature: 162/..-Q Jack ce, Responsible Official Dated: 1/NQ Z)_29), City ; ' Tukwila Department of Community Development 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206-431-3670 Fax: 206-431-3665 Web site: http://www.TukwilaWA.gov DETERMINATION OF NON -SIGNIFICANCE (DNS) File Number: E13-013 Applied: 07/09/2013 Issue Date: 07/30/2013 Status: APPROVED Applicant: CITY OF TUKWILA - TMC AMENDMENTS Lead Agency: City of Tukwila Description of Proposal: SEPA for Zoning Code amendment in response to I-502 to adopt development regulations pertaining to producers, processors and retailers of recreational marijuana. Location of Proposal: Address: Parcel Number: 0001 Section/Township/Range: CITYWIDE The City has determined that the proposal does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21c.030(2) (c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. This DNS is issued under WAC 197-11-340(2). Comments must be submitted by 43 -14 - 2-013 . The lead agency will not act on this proposal for 14 days from the date below. Jack P, Responsible Official City o kwila 6300 uthcenter Blvd Tukwila, WA 98188 (206)431-3670 36.113 D to Any appeal shall be linked to a specific governmental action. The State Environmental Policy Act is not intended to create a cause of action unrelated to a specific governmental action. Appeals of environmental determinations shall be commenced within the time period to appeal the governmental action that is subject to environmental review. (RCW 43.21C.075) doc: DNS -4/07 E13-013 Printed: 07-30-2013 City of Tukwila Department of Community Development NOTICE OF DECISION Jim Haggerton, Mayor To: State Department of Ecology, SEPA Division Office of Archeology Office of Attorney General King County Assessor Jack Pace, Director PROTECT: TMC Amendments- Marijuana FILE NUMBERS: E13-013 ASSOCIATED FILES: L13-035, PL13-032 APPLICANT: City of Tukwila Department of Community Development REQUEST: SEPA DNS LOCATION: City -Wide This notice is to confirm the decision reached by Tukwila's SEPA Official to issue a Determination of Non- significance (DNS) for the above project based on the environmental checklist and the underlying permit application. Project materials including the application, any staff reports, and other studies related to the permits are available for inspection at: Tukwila Department of Community Development 6300 Southcenter Blvd., Suite 100 Tukwila, WA 98188 Monday through Friday 8:30 a.m. - 5:00 p.m. The project planner is Stacy MacGregor, who may be contacted at (206) 431-3670 for further information. The decision is appealable to the Superior Court pursuant to the Judicial Review of Land Use Decisions, Revised Code of Washington (RCW 36.70C). SM H:\Marijuana 2013\e13-013 NOD.doc Page 1 of 1 07/30/2013 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax: 206-431-3665 City of Tukwila Jinn Haggerton, Mayor Department of Community Development FINAL STAFF EVALUATION FOR ENVIRONMENTAL CHECKLIST File No: E13-03 I. SUMMARY OF PROPOSED ACTION Jack Pace, Director The proposal is a non -project action to update the Tukwila Municipal Code, Title 18 Zoning Code. The amendment adds new uses and definitions in response to Initiative 502 and allows these uses as permitted uses in certain zones in the city. II. GENERAL INFORMATION Project Name: TMC Amendments -Marijuana Applicant: Stacy MacGregor, Assistant Planner for the City of Tukwila Location: City -Wide Zoning and Comprehensive Plan Designation: All zones. The following information was considered as part of review of this application. 1. SEPA Checklist dated July 8, 2013. 2. Planning Commission Public Hearing Packet a. Informational Memo b. Liquor Control Board I-502 Fact Sheet c. AWC I-502 Fact Sheet d. Map: Location Restrictions Imposed by I-502 e. Map: Zones where uses would be permitted f. Draft Zoning Code Amendment NOTE: Technical reports and attachments referenced above may not be attached to all copies of this decision. Copies of exhibits, reports, attachments, or other documents may be reviewed and/or obtained by contacting Stacy MacGregor, Assistant Planner, 6300 Southcenter Boulevard, Tukwila, Washington, 98188, Phone: (206) 433-7166. SM H:\Marijuana 2013\E13-013 SEPA SR.doc Page 1 of 2 07/30/2013 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax: 206-431-3665 III. REVIEW PROCESS The proposed action is subject to State Environmental Policy Act (SEPA) review as the project does not meet the exemptions listed under WAC 197-11-800. IV. BACKGROUND/PROPOSAL The proposal is to revise Chapter 18, Zoning Code of the Tukwila Municipal Code to reflect I-502. I- 502 legalizes recreational marijuana in Washington State and provides a process to license recreational marijuana processors, producers, and retailers. The proposed zoning code amendments create definitions for marijuana uses and propose permitting these uses in the Tukwila Valley South (TVS) and Heavy Industrial (HI) zones in the City. V. REVIEW OF THE ENVIRONMENTAL CHECKLIST City staff completed the checklist. The review process resulted in no additional comments. VI. COMMENTS: On July 11, 2013, notice was published in the Seattle Times and submitted to the Washington State Department of Ecology on July 9, 2013. No comments were received on this proposal. VII. CONCLUSION The proposal can be found to not have a probable significant adverse impact on the environment and pursuant to WAC 197-11-340 a Determination of Nonsignificance (DNS) is issued for this project. This DNS is based on impacts identified within the environmental checklist, attachments, and the above Final Staff Evaluation for Environmental Checklist File No. E13-013, and is supported by plans, policies, and regulations formally adopted by the City of Tukwila for the exercise of substantive authority under SEPA to approve, condition, or deny proposed actions. Prepared by: Stacy MacGregor, Assistant Planner Date: July 30, 2013 SM H:\Marijuana 2013\E13-013 SEPA SR.doc Page 2 of 2 07/30/2013 Stacy MacGregor From: Stacy MacGregor Sent: Tuesday, July 09, 2013 2:03 PM To: ECY RE SEPA REGISTER (separegister@ecy.wa.gov) Subject: Notice of Application Attachments: D00011.pdf City of Tukwila NOTICE OF APPLICATION Notice is hereby given that the City of Tukwila is requesting comments through July 25, 2013 at 5:00 p.m. regarding the following: CASE NUMBER: E13-013, regarding L13-035 APPLICANT: Department of Community Development, City of Tukwila REQUEST: SEPA review for a non -project action review for Zoning Code amendment in response to I- 502 to adopt development regulations pertaining to producers, processors and retailers of recreational marijuana. LOCATION: City-wide Information on the above application may be obtained at the Tukwila Planning Division. The City encourages you to notify your neighbors and other persons you believe would be affected by the above items. Stacy MacGregor Tukwila Assistant Planner /Tuesday- Friday 8:30-3 6300 Southcenter Blvd / Tukwila, WA 98188 ph: (206) 433-7166 / fx: (206) 431-3665 Stacy.MacGregor@TukwilaWA.gov / www.TukwilaWA.gov The City of opportunity, the community of choice. 1 CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431-3670 FAX: (206) 431-3665 E-mail: planning@TukwilaWA.gov SEPA Checklist SEPA ENVIRONMENTAL REVIEW APPLICATION NAME OF PROJECT/DEVELOPMENT: ZONING CODE AMENDMENT IN RESPONSE TO I-502 TO ADOPT DEVELOPMENT REGULATIONS PERTAINING TO PRODUCERS, PROCESSORS AND RETAILERS OF RECREATIONAL MARIJUANA. LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. City -Wide LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). N/A DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the owner/applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City to whom all notices and reports will be sent. Name: City of Tukwila -Department of Community Development / Stacy MacGregor- Assistant Planner Address: 6300 Southcenter Blvd Phone: 206-433-7166 FAX: E-mail: stac .macgregor@tukwilawa.gov. Signature: Date: l f D FOR STAFF USE ONLY Permits Plus TYPE: P-SEPA Planner: Stacy MacGregor File Number: E13-013 Application Complete Date: 7/6/13 Project File Number: PL13-032 Application Incomplete Date: Other File Numbers: L13-035 NAME OF PROJECT/DEVELOPMENT: ZONING CODE AMENDMENT IN RESPONSE TO I-502 TO ADOPT DEVELOPMENT REGULATIONS PERTAINING TO PRODUCERS, PROCESSORS AND RETAILERS OF RECREATIONAL MARIJUANA. LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. City -Wide LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). N/A DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the owner/applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City to whom all notices and reports will be sent. Name: City of Tukwila -Department of Community Development / Stacy MacGregor- Assistant Planner Address: 6300 Southcenter Blvd Phone: 206-433-7166 FAX: E-mail: stac .macgregor@tukwilawa.gov. Signature: Date: l f D STATE ENVIRONMENTAL POLICY ACT CHECKLIST A. BACKGROUND 1. Name of proposed project, if applicable: Zoning Code amendment in response to 1-502 to adopt development regulations pertaining to producers, processors and retailers of recreational marijuana. 2. Name of Applicant: City of Tukwila Departemtn of Community Development Stacy MacGregor -Assistant Planner 3. Date checklist prepared: 7/9/13 4. Agency requesting checklist: City of Tukwila 5. Proposed timing or schedule (including phasing, if applicable): Adoption by City Council code amendments by mid-September, 2013 6. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No 7. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. None except for the SEPA determination that will be prepared for this proposal. 8. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. No. 9. List any government approvals or permits that will be needed for your proposal. Approval of code amendments by Tukwila City Council. 10. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. This proposal would establish location restrictions on the production, processing and retailing of recreational marijuana to implement 1-502. 11. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, the tax lot number, and section, township, and range. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. City-wide 12. Does the proposal lie within an area designated on the City's Comprehensive Land Use Policy Plan Map as environmentally sensitive? The proposal is city-wide. SEPA Checklist 'B: ENVIRONMENTAL ELEMENTS Applicant Response: Section B, Environmetnal Elements, is non -applicable per WAC 197 -11 -315 -le C. SUPPLEMENTAL SHEET FOR NON -PROJECT PROPOSALS 1. How would the proposals be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? The ordinance would limit the prodution, processing, and retailing of recreational marijuana as a use in certain areas of the City. The limitations would shift these activities to areas better suited to accommodate these activities which wold reduce the potential adverse effects of marijuana uses including discharges, emissions, noise, and criminal activity. Proposed measures to avoid or reduce such increases are: Zoning for marijuana uses into areas where the impacts are reduced. Additionally, individual projects would still be subject to individual mitigation to avoid or reduce these impacts. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? Indirect impacts are possible due to the discharge of pesticides or fertilizers. These impacts would be reviewed at the project level however, this ordinance would limit the scope of these activites. Proposed measures to protect or conserve plants, animals, fish, or marine life are: Individual projects would be subject to mitigation to avoid or reeduce these impacts. 3. How would the proposal be likely to deplete energy or natural resources? This ordiannce would limit the scope of these activities which would limit their abilty to deplete energy or natural resources. Proposed measures to protect or conserve energy and natural resources are: These impacts would be reviewed at the project level however, this ordinance would limit the scope of these activites. 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitats, historic or cultural sites, wetlands, floodplains, or prime farmlands? This ordiannce would limit the scope of these activities which would limit their abilty to affect environmentally sensitive areas. Proposed measures to protect such resources or to avoid or reduce impacts are: These impacts would be reviewed at the project level however; this ordinance would limit the scope of these activities. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? This ordiannce would limit the scope of these activities which would limit their abilty to impact land uses. The shoreline master program is an overlay that would continue to apply and preserve compatibility with existing plans. Proposed measures to avoid or reduce shoreline and land use impacts are: SEPA Checklist This ordiannce would limit ,,,e scope of these activities which would limit their abilty to adversly affect land uses. The ordiannce would not alter existing shoreline uses. Impacts would still be reviewed at the project level. 6. How would the proposal be likely to increase demands on transportation or public service and utilities? This ordiance would not likely increase demands on transportation or public service and utiltiies more or less than other allowed land uses would mpact these services. Proposed measures to reduce or respond to such demand(s) are: These impacts would be reviewed at the project level. 7. Identify, if possible, whether the proposal may conflict with Local, State, or Federal laws or requirements for the protection of the environment. The proposed amendments are believed to avoid cnflicts with local, state, or federal laws and requiremetns for portection of the environemnt. D. SIGNATURE Under the penalty of perjury the above answers under ESA Screening Checklist and State Environmental Policy Act Checklist are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its dec Signature: Date Submitted: City of Tukwila PUBLIC HEARING NOTICE Notice is hereby given that the City of Tukwila Board of Architectural Review will be holding two public hearings on July 25, 2013 at 6:30 p.m. located at 6200 Southcenter Blvd. to discuss the following: BOARD OF ARCHITECTURAL REVIEW & PLANNING COMMISSION CASE NUMBER: APPLICANT: REQUEST: LOCATION: CASE NUMBER: APPLICANT: REQUEST: LOCATION: L13-018 Jared Taylor for Golden Property Development Public Hearing Design Review for a new 5,880 sf Buffalo Wild Wings restaurant on a pre- existing pad site. 225 Tukwila Parkway; at the northeast corner of the Westfield Southcenter Mall site. L13-035 Department of Community Development, City of Tukwila Zoning Code amendment in response to I-502 to adopt development regulations pertaining to producers, processors and retailers of recreational marijuana. City-wide Persons wishing to comment on the above cases may do so by written statement or by appearing at the public hearing. Information on the above cases may be obtained at the Tukwila Planning Division. The City encourages you to notify your neighbors and other persons you believe would be affected by the above items. Published: Distribution: July 11, 2013, Seattle Times Mayor, City Clerk, Property Owners/Applicants, Adjacent Property Owners, and File. City of Tukwila NOTICE OF APPLICATION Notice is hereby given that the City of Tukwila is requesting comments through July 25, 2013 at 5:00 p.m. regarding the following: CASE NUMBER: E13-013, regarding L13-035 APPLICANT: Department of Community Development, City of Tukwila REQUEST: SEPA review for a non -project action review for Zoning Code amendment in response to I- 502 to adopt development regulations pertaining to producers, processors and retailers of recreational marijuana. LOCATION: City-wide Information on the above application may be obtained at the Tukwila Planning Division. The City encourages you to notify your neighbors and other persons you believe would be affected by the above items. Published: July 11, 2013, Seattle Times Distribution: Mayor, City Clerk, Property Owners/Applicants, Adjacent Property Owners, and File. TMC AMENDMENTS MEDICAL MARIJUANA CITY WIDE PL13-032 L13-035 ZONING CODE AMENDMENT E13-013 SEPA REVIEW L15-0007 ZONING ORDINANCE ZONING CODE AMENDMENT V Stacy MacGregor From: Sent: To: Subject: Dear Ms. MacGregor: COM GMU Review Team <reviewteam@commerce.wa.gov> Friday, August 16, 2013 11:52 AM Stacy MacGregor 19381, City of Tukwila, Expedited Review Granted, DevRegs The City of Tukwila has been granted expedited review for the proposed amendment to Tukwila Municipal Code in response to 1502 to adopt development regulations pertaining to producers, processors, and retailers of recreational marijuana. This proposal was submitted for the required state agency review under RCW 36.70A.106. As of receipt of this email, the City of Tukwila has met the Growth Management Act notice to state agency requirements in RCW 36.70A.106 for this submittal. For the purpose of documentation, please keep this email as confirmation. If you have any questions, please contact Paul Johnson at 360.725.3048 or by email at paul.iohnson@commerce.wa.gov. Thank you. Review Team, Growth Management Services Department of Commerce P.O. Box 42525 Olympia WA 98504-2525 (360) 725-3000 FAX (360) 664-3123 1 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks FROM: Jack Pace, Director DCD BY: Stacy MacGregor, Assistant Planner DATE: July 30, 2013 SUBJECT: Establishment of Marijuana Processing, Producing and Retailing as permitted uses in Tukwila Municipal Code, Title 18 Zoning. ISSUE Should the City establish zoning regulations for recreational marijuana producers, processors, and retailers? This does not impact the possession and use of recreational marijuana and does not impact the moratorium in effect related to medical marijuana collective gardens and dispensaries. In the fall of 2012, the Washington voters passed Initiative 502 (1-502), legalizing the 011 recreational use of marijuana and directing the Washington State Liquor Control board (LCB) to regulate recreational marijuana producers, processers and retailers (see Attachment A). On July 3rd, 2013, the Liquor Control Board released proposed rules regarding the implementation of 1-502. The rules are scheduled for adoption on Aust 013 and are set to go into effect on September 14th. Before the rules take effect, the WSLCB will determine a "maximum number of retail outlets that may be licensed in each county". There will not be a cap on producer and processor licenses. The WSLCB will begin accepting applications for all three license types during a 30 -day window beginning on September 14. The LCB is expected to begin issuing licenses on December 1, 2013. BACKGROUND 1-502 is silent regarding medical marijuana and is generally viewed as creating a separate licensing process for recreational marijuana. The Washington State Legislature has adopted a budget for 2014 with language that calls for the Liquor Control Board to work with the Department of Health and Department of Revenue to develop recommendations regarding the interaction of medical marijuana regulations and the provisions of Initiative 502. The City of Tukwila's moratorium on medical marijuana is scheduled for renewal with the expectation that new rules will be adopted by the state legislature during the 2014 legislative session at which time the City will have updated state regulations to review and address. 1 INFORMATIONAL MEi‘,.) Page 2 The Federal Government's Controlled Substances Act (CSA) still prohibits the possession and distribution of marijuana for any purpose. Staff briefed Community Affairs and Parks Committee on July 8, 2013, regarding a moratorium on recreational marijuana uses and a zoning code amendment to allow recreational marijuana uses in certain zones. On July 22, the Council approved staff's request to draft a zoning code amendment to allow recreational marijuana uses in certain zones in the City. As an interim step, the Council adopted a moratorium on recreational marijuana processors, producers, and retailers on August 5, 2013. The Planning Commission was briefed and recommended the proposed zoning code amendment (option C that follows) permitting recreational marijuana uses in the TVS and HI zones. DISCUSSION What is the City's role in the state process? Initiative 502 was supported by 55.49% of Washington voters and 57% of Tukwila voters. In only one out of Tukwila's 18 voting precinct did the "No" votes exceed the "Yes" votes and then only by 3 out of 253 votes. Under the proposed rules, a local jurisdiction will be notified when a license application is filed with the LCB and the city will have 20 days to file written objections. The LCB's siting criteria will prohibit recreational marijuana commercial uses generally within 1,000 feet of schools, parks, recreation centers, transit centers, libraries, game arcades and child care centers. The map attached shows that this requirement will substantially limit production, processing, and retailing to the north and south sides of the City. City staff has been told by staff at the Association of Washington Cities that the WSLCB will not issue licenses for uses within residential zones (see Attachment B). However, 1-502 does not provide this siting restriction and nothing in the draft rules imposes this restriction. Further, the City of Tukwila's home occupation definition would not restrict recreational marijuana uses as home occupations. See Attachment C for a map showing the 1,000 foot separation imposed by the WSLCB. State law allows the City to adopt and enforce zoning requirements, business licensing requirements, health and safety requirements, and business taxes as exercises of the City's police powers. A local ordinance cannot preempt a state law to outright prohibit a use and the state statute may not preempt a local ordinance if the statute and the ordinance are not in conflict. Existing regulations provide basic protections against the location of incompatible uses but the increased production, processing, selling, or delivery of marijuana likely to be spurred by the new State regulations may create additional impacts. Experience in other jurisdictions with medical marijuana dispensaries indicates that businesses containing usable marijuana or marijuana -infused products may have greater security issues compared with the other businesses. The production and possible processing of marijuana can create off-site odors and growing marijuana indoors can have significant electricity needs. Residents and businesses may be concerned that marijuana -related businesses can negatively impact neighborhood character due to messaging on signs and the potential for robberies. What are the City's options? A. Do nothing. The City could decide not to adopt any regulations related to recreational marijuana. This would mean that on September 14, 2013, applicants could apply to the 2 INFORMATIONAL MEMJ Page 3 WSLCB for a license to produce, process, and sell recreational marijuana at locations throughout the City. While the 1,000 foot setback from schools, parks, libraries, etc. would still apply, marijuana retailers could locate in any zone in which retail uses are allowed (MUO, RCC, NCC, RC, RCM, TUC C/LI, LI, HI, MIC/L1, MIC/H, and TVS zones). Processors could locate where manufacturing, processing and/or packaging of pharmaceuticals and related products, such as cosmetics and drugs are an allowed use (NCC2, RC, RCM, TUC, C/LI, LI, HI, MIC/L, MIC/H, and TVS zones). Producers may be allowed as greenhouses and nurseries (RCC, NCC, RC, RCM, TUC, CUIO, LI, and HI) or farming and farm -related activities (TVS zone). Additionally, these uses could occur in residential zones subject to the home occupation requirements which do not regulate use. B. Prohibit The City could prohibit (either on an interim or permanent basis) recreational marijuana uses from locating within the City. On July 22, 2013, the City Council held a public hearin oratorium prohibiting recreational marijuana uses within the City of Tukwila. IQsix month moratorium is intended to prevent recreational marijuana uses trom becoming legally vested while the City adopts permanent development regulations. The moratorium is temporary but the WSLCB has indicated that local moratoria will not be recognized in their licensing decisions. As stated above, state law does not allow a local jurisdiction to prohibit a use and an attempt at prohibition would likely be legally challenged. C. Regulate. If the City wants to regulate marijuana -uses, its primary tool would be through zoning regulations3. An amendment to the zoning code could allow recreational marijuana -uses only in certain zones in the city and/or subject to certain location standards. The maps attached show the locations that marijuana uses would be restricted by the WSLCB and the areas that remain for potential marijuana uses (Attachments C and D). Aside from a few isolated pockets, marijuana uses can generally be located in the north and the south ends of the city. Marijuana uses have potential impacts that need to be considered. Sites require increased security; production and possibly processing may also require increased ventilation and electricity use on indoor sites and perimeter fencing on outdoor sites. Off-site odors are an issue and building transparency requirements under design review may conflict with security needs. Clustering 1 Subject to additional, zone -specific regulations. 2 Subject to additional, zone -specific regulations. 3. Under the TMC, all businesses in the City are required to obtain a business license. Any business license application for a recreational marijuana use would be denied for being in "violation of any local, state, or federal law, rule or regulations prohibiting that conduct of that type of business." (TMC 5.04.110). While some other cities are attempting to limit all recreational marijuana business uses via their business license code, a review of state law and consultation with the City Attorney clarifies that a city cannot require a business license for marijuana uses. State Law grants cities the authority to require a business license in order to do business in that city. However, state law also prevents a city from requiring a business license if a license is required from the state. Recreational marijuana uses that have a license from the WSLCB would not be required to obtain a business license from the City of Tukwila and the City of Tukwila could not issue a business license to any applicant for marijuana use because those uses are in violation of Federal Law. 3 INFORMATIONAL MEM.. Page 4 marijuana uses in one area allows these impacts to be consolidated; off-site impacts could be limited. The north end of the City, where marijuana uses could be allowed, is generally Manufacturing/Industrial Center -Heavy with an area of Light Industrial, Commercial -Light Industrial, and Manufacturing/Industrial Center -Light. The Countywide Planning Policies and the Tukwila Comprehensive Plan have polices in place to preserve this area for manufacturing and industrial uses making marijuana uses inappropriate in this area. The south end of the City has Tukwila Urban Center, Heavy Industrial, Mixed -Use Office and Tukwila Valley South zoning available for marijuana uses. The City is in the process of amending and adopting a new sub -area plan that will address uses and design standards in the Tukwila Urban Center zone. The Tukwila Valley South zone would allow indoor or outdoor production, and zoning currently supports both retail and processing uses. The Heavy Industrial zone currently would support all uses aside from outdoor grows (farming). Attachment E shows locations in the HI and TVS were recreational marijuana uses would be permitted. Only state -licensed recreational marijuana facilities should be allowed as a permitted use. This proposal would not alter Federal or State criminal law related to marijuana, and it would not place any City employee or official in the position of permitting or sanctioning any marijuana -related activity. Rather, it would be an exercise of the City's authority to protect the public health, safety, and welfare by preventing incompatible uses—in this instance, marijuana -related activity and businesses --in areas where such activity could cause inappropriate off-site impacts. What does staff recommend? Staffs recommendation is to regulate marijuana uses as outlined in Option C above. This would allow for marijuana retailing, production and processing to be added as permitted uses in the Tukwila Valley South and the Heavy Industrial zones but restrict the area where marijuana uses can occur to areas where the potential impacts are minimized. Marijuana -uses would be prohibited in all other zones in the City. Marijuana -uses would be subject to state licensing requirements and would regulate in concert with state law while not authorizing or giving permission to circumvent or violate federal law. Next Steps The Community Affairs and Parks Committee is being asked to review the draft zoning code amendment and make a recommendation to the full City Council to be considered at the August 26 Committee of the Whole meeting and to conduct a public hearing and also at the subsequent September 3 Regular Meeting for adoption. ATTACHMENTS A. Liquor Control Board 1-502 Fact Sheet B. AWC 1- 502 Fact Sheet C. Map: Location Restrictions Imposed by 1-502 D. Map: Zones where uses would be permitted E. Map: Where marijuana uses would be permitted under the proposed ordinance F. Draft Zoning Code Amendment 4 Washington State 11Li Liquor Control Board Fact Sheet Initiative 502's impact on the Washington State Liquor Control Board Summary Initiative 502 would license and regulate marijuana production, distribution, and possession for persons over 21; remove state -law criminal and civil penalties for activities that it authorizes. Tax marijuana sales and earmark marijuana -related revenues. The new tightly regulated and licensed system would be similar to those used to control alcohol. Licenses and Fees Creates an application process that mirrors the liquor license application process Creates three new marijuana licenses: producer, processor, and retailer. The fee for each license is a $250 application fee and $1000 annual renewal fee. • Marijuana Producer: produces marijuana for sale at wholesale to marijuana processors and allows for production, possession, delivery, distribution. • Marijuana Processor: processes, packages, and labels marijuana/marijuana infused product for sale at wholesale to marijuana retailers and allows for processing, packaging, possession, delivery, distribution. • Marijuana Retailer: allows for sale of useable marijuana/marijuana infused products at retail outlets regulated by the WSLCB. The initiative allows the WSLCB to charge fees for anything done to implement/enforce the act. For example, fees could be charged on sampling, testing, and labeling that would be the cost of doing business as a licensee Marijuana Taxes The initiative creates three new excise taxes to be collected by the WSLCB: • Excise tax equal to 25% of the selling price on each sale between licensed producer and licensed processor. Paid by the producer. • Excise tax equal to 25% of the selling price on each sale of usable marijuana/marijuana infused product from a licensed processor to a licensed retailer. Paid by the processor. • Excise tax equal to 25% of the selling price on each licensed retail sale of usable marijuana/marijuana infused product. Paid by the retailer. This tax is in addition to any/all applicable general, state, and local sales and use taxes, and is part of the total retail price. • All funds from marijuana excise taxes are deposited in the Dedicated Marijuana Fund. Disbursements from the Dedicated Marijuana Fund shall be on authorization of the WSLCB or a duly authorized representative. Initiative 502 allows for the WSLCB to enact rules that establish procedures and criteria for: • The equipment, management and inspection of production, processing, and retail outlets. • Books and records maintained by licensed premises. • Methods of producing, processing and packaging of marijuana/marijuana infused products, to include conditions of sanitation. Attachment A 5 • Standards of ingredients, quality, and identity of marijuana/marijuana infused products produced, processed and sold by licensees. • Security requirements for retail outlets and premises where marijuana is produced and processed. Retail Outlets Specific number of retail outlets and licenses will be determined by the WSLCB in consultation with the Office of Financial Management taking into account population, security and safety issues, and discouraging illegal markets. The initiative also caps retail licenses by county. • Retail outlets may not employ anyone under the age of 21, nor allow anyone under the age of 21 to enter the premises. • Retail outlets are only authorized to sell marijuana/marijuana products or paraphernalia. • Retailers are allowed one sign identifying the outlet's business or trade name, not to exceed 1600 square inches. • They are not allowed to display marijuana or marijuana related products in a manner that is visible to the general public. Possession If enacted, individuals twenty-one years of age or older are legally authorized to possess and use marijuana -related paraphernalia and any combination of: • One ounce of useable marijuana; • 16 ounces of marijuana infused product in solid form; or • 72 ounces of marijuana infused product in liquid form. Individuals will still be subject to criminal prosecution for: • Possession in amounts greater than what is listed above. • Possession of any quantity or kind of marijuana/marijuana infused product by a person under 21 years of age. Price The Office of Financial Management places a price estimate of $12 per gram. Medicinal marijuana dispensary prices on average range between $10 and $15 per gram with some premium products exceeding $15 per gram. Based on average retail mark-up practices, estimated producer price is $3 per gram and estimated processor price is $6 per gram. Timeline • November 6, 2012: Public vote on Initiative 502. • December 6, 2012: Initiative 502 goes into effect (30 days after general election). • December 1, 2013: Deadline for the WSLCB to establish the procedures and criteria necessary to implement the initiative. ### Revised: 11/19/12 6 ASSOCIATION OF WASHINGTON Ci1iES . v e m b e r 2 0 1 2 I-502: Marijuana Initiative Washington State voters passed initiative 502 on election night, legalizing marijuana use. What does the initiative do? The initiative legalizes marijuana use for persons over 21. Private stores, producers and processors are allowed to be licensed to sell marijuana and marijuana infused products. The Washington State Liquor Control Board (LCB) is tasked with regulating and taxing marijuana. Portions decriminalizing the possession of marijuana take effect Dec. 6, 2012. Rules regarding licensing and sates are set to occur no later than Dec. 1, 2013. Who can sell marijuana? The initiative provides for licensed retail locations. Marijuana stores can only sell marijuana, marijuana - infused products, and paraphernalia. Stores are allowed to sell to an individual any combination of the following: one ounce of useable marijuana, 16 ounces of marijuana -infused product in solid form, or 72 ounces of marijuana -infused product in liquid form. Stores may not allow on -premises consumption. Stores are prohibited from advertising or showing product visible from outside the store. No one under the age of 21 may enter marijuana stores, and store owners and employees also must be over 21. What are the rules for users? In addition to being over 21, marijuana cannot be opened or consumed in public. The initiative also establishes a presumptive standard for driving under the influence of marijuana -similar to standards for alcohol- but only available as a blood test. How is marijuana going to be regulated? The LCB is tasked with regulating and licensing marijuana producers, processers, and retailers. The maximum number of retailers per county, the maximum amount of marijuana a re- tailer and producer have on premises, how and when marijua- na could be transported, and product labeling requirements become responsibilities of the LCB. Rules about security re- quirements, employee training and supervision, and locations and hours of retail operations are also the LCB's tasks. Cities and counties must be notified of any applications in their jurisdiction and may object under a process similar to liquor license objections. No license can be approved for locations within 1,000 feet of elementary or secondary schools, playgrounds, recreation centers, day cares, parks, transit centers, libraries, and arcades. Will the initiative impose taxes on marijuana? Yes. At each transaction point (producer to processor, processor to retailer, and retailer to consumer) a 25% excise tax would be levied. Local and state sales tax will also be levied on retail sales. The excise taxes are to be placed in a dedicated marijuana fund and are to be primarily distributed to the state's Basic Health Plan, the state general fund, health-related programs, and the LCB for administrative costs. Local governments do not get a share of the excise tax. Does the initiative address medical marijuana? The initiative is silent on medical marijuana. However, 1-502 may impact medical users as marijuana could be purchased at retail stores. Furthermore, state and local criminal penalties for possession and use are eliminated. And what about federal law? The initiative does not change federal law, and the federal government could continue to arrest marijuana producers,, processors, retailers, and users. AWC contact Candice Bock, candiceb®awcnet.org Legislative & Policy Advocate Brittany Sill, brittanys@awcnet.org Legislative & Policy Analyst AWC has not taken a position for or against this ballot initiative. AWC's role is to provide its members with educational materials that can be shared with elected officials, staff and the community. In addition, please review the PDC's guidelines for elected and appointed officials' participation in ballot proposition activity. Attachment B Association of Washington Cities • 1076 Franklin St SE, Olympia,WA 98501 • awcnet.org Path: H:\Maps\Stacyap 1 revised childcare centers.mxd Location Restrictions Imposed by 1-502 Legend Trails Schools Buffer _]Parks Buffer Family Fun Center (Arcade) Buffet Childcare Centers Buffer Libraries & Transit Stations Buffet Dai Saved Attachment C 9 ath: H:IMapslSlacylMap 4 revised childcare centers.mxd Zones where marijuana uses would be permitted Legend White Areas = Locations Restricted by WSLCB LDR Low Density Residential E-1 MDR Medium Density Residential HDR High Density Residential ,;r_:; `� MUO Maed Use Office o Office RCC Residential Commercial Center RC Regional Commercial 1.111 RCM Regional Commercial Mixed Use 1111 TUC Tukwila Urban Center rr - ,,e,�"��� CLI Commercial tight Industrial 4W: LI Light Industrial HI Heavy Industrial A71Cil Manufacturing Industrial CenterlLigMIndustrial 111111 MICIH Manufacturing Industrial Center/Heavy Industrial NS Tukwila Valley South Date Say, Attachment D 11 0 L-2,1 Path: H:1Maps\StacylMap 4_HI&NS.mxd Where marijuana uses would be permitted under the proposed ordinance Legend HI Heavylndustdal NS TukwBa Valley South White Areas = Locations restricted by WSLCS and zones where marijuana uses would not be permitted Date Save Attachment E 13 ATTACHMENT F DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES RELATING TO LAND USE AND ZONING AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 18.40.020 AND ESTABLISHING A NEW SECTION 18.50.210; ADOPTING ZONING RESTRICTIONS ON THE PRODUCTION, PROCESSING, AND RETAILING OF RECREATIONAL MARIJUANA USES; DESCRIBING THE LAND USE IMPACTS TRIGGERING SUCH RESTRICTIONS; IDENTIFYING THE PERMITTED ZONE FOR RECREATIONAL MARIJUANA USES AS THE TUKWILA VALLEY SOUTH AND HEAVY INDUSTRIAL ZONES; ESTABLISHING SEPARATION AND DISTANCE REQUIREMENTS WITHIN THE PERMITTED ZONES; ESTABLISHING PROCEDURES FOR ENFORCEMENT OF VIOLATIONS INCLUDING ABATEMENT OF MARIJUANA NUISANCES; REPEALING ORDINANCE NO. 2405, WHICH ESTABLISHED THE MORATORIUM ON RECREATIONAL MARIJUANA USES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. 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, Initiative 502 was passed by the voters of the State of Washington, providing a framework under which marijuana producers, processors, and retailers can become licensed by the State of Washington; and WHEREAS, Initiative 502 directs the Washington State Liquor Control Board (WSLCB) to develop rules and regulations to: 1. Determine the number of producers, processors and retailers of marijuana by county; 2. Develop licensing and other regulatory measures; W:\Word Processing\Ordinances\Zoning code amended -marijuana uses strike-thru 8-2-13 SM:bjs Page 1 of 13 15 3. Issue licenses to producers, processors, and retailers at locations which comply with the Initiative's distancing. requirements prohibiting such uses within 1,000 feet of schools and other designated public facilities; and 4. Establish a process for the City to comment prior to the issuance of such licenses; and WHEREAS, the WSLCB is expected to adopt new regulations on recreational marijuana on August 14, 2013, and to begin issuance of marijuana producer, processor and retail licenses to qualified applicants in December 2013; and WHEREAS, Section 69.51A.140 RCW delegates authority to cities and towns to adopt and enforce zoning requirements, business licensing requirements, health and safety requirements, and business taxes as exercises of the City's police powers; and WHEREAS, the City Council wishes to clarify that the manufacture, production, processing, retailing, possession, transportation, delivery, dispensing, application, or administration of marijuana must comply with all applicable City laws, and that compliance with City laws does not constitute an exemption from compliance with applicable state and federal regulations; and WHEREAS, the City of Tukwila believes that the health, safety, and welfare of the community is best served by excluding from certain zones any production, processing, selling or delivery of marijuana; and WHEREAS, the City of Tukwila adopted Ordinance No. 2405 imposing a moratorium on recreational marijuana uses while zoning for said uses is established; and WHEREAS, Ordinance No. 2405 requires formal action by the City Council to terminate the moratorium; and WHEREAS, the City Council has studied the land use and other secondary impacts of recreational marijuana use, and has now drafted a zoning ordinance to address these impacts; and WHEREAS, the State Environmental Policy Act (SEPA) Responsible Official issued a threshold decision for this draft ordinance on July 30, 2013, which wa %was no appealed; and WHEREAS, on July 25, 2013, the Planning Commission held a public hearing on the draft zoning ordinance; and WHEREAS, the Planning Commission recommended approval of the draft zoning ordinance to the City Council; and W:1Word Processing\Ordinances\Zoning code amended -marijuana uses strike-thru 8-2-13 SM:bjs 16 Page 2 of 13 WHEREAS, on August 26, 2013, the City Council held a hearing on the draft zoning ordinance, after proper notice, during its regular meeting; and WHEREAS, the City Council after due consideration believes that certain amend- ments to the City's Zoning Code are necessary; and WHEREAS, the City Council decided to adopt a zoning ordinance and to formally repeal the moratorium on recreational marijuana uses (Ordinance No. 2405); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Formal Repeal of Moratorium. Ordinance No. 2405, a moratorium on the establishment of marijuana producers, processors, and retailers asserted to be authorized under Initiative No. 502, is hereby repealed. Section 2. TMC Section Adopted. A new section is hereby added to Tukwila Municipal Code (TMC) Chapter 18.06, "Definitions," as follows: Marijuana "Marijuana" means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. Section 3. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Marijuana Processor "Marijuana processor" means a person licensed by the state liquor control board to process marijuana into useable marijuana and marijuana -infused products, package and label useable marijuana and marijuana -infused products for sale in retail outlets, and sell useable marijuana and marijuana -infused products at wholesale to marijuana retailers. Section 4. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: W:\Word Processing\Ordinances\Zoning code amended -marijuana uses strike-thru 8-2-13 SM:bjs Page 3 of 13 17 Marijuana Producer "Marijuana producer" means a person licensed by the state liquor control board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers. Section 5. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Marijuana Retailer "Marijuana retailer" means a person licensed by the state liquor control board to sell useable marijuana and marijuana -infused products in a retail outlet. Section 6. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Marijuana -infused Products "Marijuana -infused products" means products that contain marijuana or marijuana extracts and are intended for human use. The term "marijuana -infused products" does not include useable marijuana. Section 7. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Useable Marijuana "Useable marijuana" means dried marijuana flowers. The term "useable marijuana" does not include marijuana -infused products. Section 8. TMC Section 18.34.020 Amended. Ordinance Nos. 2368 §35, 2287 §25, 2251 §47, 2021 §7, 1986 §12, 1974 §8, 1971 §15, 1814 §2, 1774 §2, and 1758 §1 (part), as codified at TMC Section 18.34.020, (Heavy Industrial) "Permitted Uses," are hereby amended to read as follows: 18.34.020 Permitted Uses The following uses are permitted outright within the Heavy Industrial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: W:\Word Processing\Ordinances\Zoning code amended -marijuana uses strike-thru 8-2-13 SM:bjs 18 Page 4 of 13 (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially -zoned property; (2) In or within one-half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel, or (c) public library. b. The distances specified in TMC Section 18.34.020.1.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales Tots. No dismantling of cars or travel trailers or sale of used parts allowed. 3. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 4. Beauty or barber shops. 5. Bicycle repair shops. 6. Billiard or pool rooms. 7. Brew pubs. 8. Bus stations. 9. Cabinet shops or carpenter shops employing less than five people. 10. Commercial laundries. 11. Commercial parking subject to TMC Chapter 18.56, Off -Street Parking and Loading Regulations. 12. Computer software development and similar uses. 13. Contractor storage yards. 14. Convention facilities. 15. Daycare centers. 16. Extended -stay hotel/motel. 17. Financial: a. banking b. mortgage c. other services W: Mord Processing\Ordinances\Zoning code amended -marijuana uses strike-thru 8-2-13 SM:bjs Page 5 of 13 19 18. Fix -it, radio or television repair shops/rental shops. 19. Fraternal organizations. 20. Frozen food lockers for individual or family use. 21. Greenhouses or nurseries (commercial). 22. Heavy equipment repair and salvage. 23. Hotels. 24. Industries involved with etching, film processing, lithography, printing, and publishing. 25. Internet data/telecommunication centers. 26. Laundries: a. self -serve b. dry-cleaning c. tailor, dyeing 27. Libraries, museums or art galleries (public). 28. Manufacturing and industrial uses that have little potential for creating off- site noise, smoke, dust, vibration or other external environmental impacts or pollution, including but not limited to, manufacturing, processing, repairing, packaging and/or assembly of: a. Previously prepared metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand -forging; b. Food, including, but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted); c. Pharmaceuticals and related products, such as cosmetics and drugs; d. Previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and wood; e. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 29. Manufacturing and industrial uses that have moderate to substantial potential for creating off-site noise, smoke, dust, vibration and other external environmental impacts including but not limited to, manufacturing, processing, assembling, packaging and/or repairing of: a. Chemicals, Tight metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering); b. Electrical or mechanical equipment, vehicles and machines, including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment; c. Previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses. W:\Word Processing\Ordinances'Zoning code amended -marijuana uses strike-thru 8-2-13 SM:bjs 20 Page 6 of 13 30. Marijuana processor 31. Marijuana producer 32. Marijuana retailer 3033. Medical and dental laboratories. 3434. Mortician and funeral homes. 3235. Motels. 3336. Offices, including: a. outpatient medical clinic b. dental c. government - excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 3437. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 3538. Pawnbrokers. 3639. Planned shopping center (mall). 3740. Plumbing shops (no tin work or outside storage). 3841. Railroad tracks (including lead, spur, loading or storage). 3942. Recreation facilities (commercial - indoor), athletic or health clubs. 4043. Religious facility with an assembly area less than 750 square feet. 4444. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). '12,15. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 4346. Restaurants, including: a. drive-through b. sit down c. cocktail lounges in conjunction with a restaurant. 4447. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment, and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 4548. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber/building materials, lawn and garden supplies, farm supplies. 4649. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. 4750. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title. 4851. Salvage and wrecking operations. 4052. Schools and studios for education or self-improvement. W:\Word Processing\Ordinances\Zoning code amended -marijuana uses strike-thru 8-2-13 SM:bjs Page 7 of 13 21 5-053. Self -storage facilities. 5-1-54. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required. 5255. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title. 5356. Taverns, nightclubs. 5457. Telephone exchanges. 5558. Theaters, excluding adult entertainment establishments, as defined by this code. 5659. Tow truck operations, subject to all additional State and local regulations. 5-760. Truck terminals. 5661. Warehouse storage and/or wholesale distribution facilities. 5962. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 9. TMC Section 18.40.020 Amended. Ordinance Nos. 2368 §41, 2287 §30, 2251 §54, 2235 §8, 2097 §17, 2021 §10, 1986 §15, 1974 §11, 1971 §17, 1830 §25, 1814 §2, 1774 §5, and 1758 §1 (part), as codified at TMC Section 18.40.020, (Tukwila Valley South) "Permitted Uses," are hereby amended to read as follows: 18.40.020 Permitted Uses The following uses are permitted outright within the Tukwila Valley South District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially zoned property; (2) In or within 1/2 mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; W:\Word Processing\Ordinances\Zoning code amended -marijuana uses strike-thru 8-2-13 SM:bjs 22 Page 8 of 13 (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel, or (c) public library. b. The distances specified in TMC Section 18.40.020.1.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 3. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 4. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 5. Beauty or barber shops. 6. Bicycle repair shops. 7. Billiard or pool rooms. 8. Brew pubs. 9. Bus stations. 10. Cabinet shops or carpenter shops employing less than five people. 11. Commercial laundries. 12. Commercial parking, subject to TMC Chapter 18.56, Off -Street Parking and Loading Regulations. 13. Computer software development and similar uses. 14. Contractor's storage yards. 15. Convalescent and nursing homes for not more than 12 patients. 16. Convention facilities. 17. Daycare centers. 18. Dwelling - one detached single-family unit per existing lot (includes factory built or modular home that meets UBC). 19. Extended -stay hotel/motel. 20. Farming and farm -related activities. 21. Financial: a. banking b. mortgage c. other services 22. Fix -it, radio or television repair shops/rental shops. 23. Fraternal organizations. 24. Frozen food lockers for individual or family use. W:\Word Processing\Ordinances\Zoning code amended -marijuana uses strike-thru 8-2-13 SM:bjs Page 9 of 13 23 25. Greenhouses or nurseries (commercial). 26. Heavy equipment repair and salvage. 27. Hotels. 28. Industries involved with etching, film processing, lithography, printing and publishing. 29. Internet data/telecommunication centers. 30. Laundries: a. self -serve b. dry-cleaning c. tailor, dyeing 31. Libraries, museums or art galleries (public). 32. Manufacturing and industrial uses that have little potential for creating off- site noise, smoke, dust, vibration or other external environmental impacts of pollution, including but not limited to, manufacturing, processing, assembling, packaging and/or repairing of: a. Food, including, but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted); b. Pharmaceuticals and related products, such as cosmetics and drugs; c. Previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and wood; d. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices and recording equipment. 33. Marijuana processor 34. Marijuana producer 35. Marijuana retailer 3336. Medical and dental laboratories. 3437. Mortician and funeral homes. 3638. Motels. 3639. Offices, including: a. outpatient medical clinic b. dental c. government - excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 3710. Pawnbrokers. 3341. Planned shopping center (mall). 3942. Plumbing shops (no tin work or outside storage). 4043. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 4444. Railroad tracks (including lead, spur, loading or storage). W:\Word Processing\Ordinances\Zoning code amended -marijuana uses strike-thru 8-2-13 SM:bjs 24 Page 10 of 13 • /1215. Recreation facilities (commercial - indoor), athletic or health clubs. 4346. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks, shooting ranges. 4447. Religious facility with an assembly area of less than 750 square feet. 4548. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 4649. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 4750. Research and development facilities. 451. Restaurants, including: a. drive-through; b. sit down; c. cocktail lounges in conjunction with a restaurant. 4952. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 5053. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber/building materials, lawn and garden supplies, farm supplies. 5454. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title. 5255. Salvage and wrecking operations that are entirely enclosed within a building. 5656. Schools and studios for education or self-improvement. 5457. Self -storage facilities. 5558. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title. 5659. Studios - art, photography, music, voice and dance. 6760. Taverns, nightclubs. 5861. Telephone exchanges. 5962. Theaters, excluding adult entertainment establishments, as defined by this code. 6063. Tow truck operations, subject to . all additional State and local regulations. 6464. Truck terminals. 6265. Warehouse storage and/or wholesale distribution facilities. 6366. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. W:1Word ProcessinglOrdinances\Zoning code amended -marijuana uses strike-thru 8-2-13 SM:bjs Page 11 of 13 25 Section 10. TMC Section 18.50.210 Adopted. TMC Section 18.50.210, "Marijuana Related Uses," is hereby established to read as follows: A. The production, processing and retailing of marijuana is and remains illegal under federal law. Nothing herein or as provided elsewhere in the ordinances of the City of Tukwila is an authorization to circumvent federal law or provide permission to any person or entity to violate federal law. Only state -licensed marijuana producers, marijuana processors, and marijuana retailers may locate in the City of Tukwila and then only pursuant to a license issued by the State of Washington. The purposes of these provisions is solely to acknowledge the enactment by Washington voters of Initiative 502 and a state licensing procedure and to permit, but only to the extent required by state law, marijuana producers, processors, and retailers to operate in designated zones of the City. B. The production, processing, selling, or delivery of marijuana, marijuana -infused products, or useable marijuana may not be conducted in association with any business establishment, dwelling unit, or home occupation located in any of the following areas: Low Density Residential Medium Density Residential High Density Residential Mixed Use Office Office Residential Commercial Center Neighborhood Commercial Center Regional Commercial Regional Commercial Mixed Use Tukwila Urban Center Commercial/Light Industrial Light Industrial Manufacturing Industrial Center/Light Manufacturing Industrial Center/Heavy C. Any violation of this section is declared to be a public nuisance per se, and, in addition to any other remedy provided by law or equity, may be abated by the City Attorney under the applicable provisions of this code or state law. Section 11. No Non -conforming Uses. No use that constitutes or purports to be a marijuana producer, marijuana processor, or marijuana retailer, as those terms are defined in this ordinance, that was engaged in that activity prior to the enactment of this ordinance shall be deemed to have been a legally established use under the provisions of the Tukwila Municipal Code and that use shall not be entitled to claim legal non- conforming status. W:1Word Processing\Ordinances\Zoning code amended -marijuana uses strike-thru 8-2-13 SM:bjs 26 Page 12 of 13 Section 12. Adoption of Findings of Fact. The City Council adopts as its preliminary findings the recitals set forth above. The City Council may adopt additional findings in the event that additional evidence is presented to the City Council. Section 13. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 14. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 15. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W:\Word Processing\Ordinances\Zoning code amended -marijuana uses strike-thru 8-2-13 SM:bjs Page 13 of 13 27 City of Tukwila Planning Commission Board of Architectural Review (BAR) and Planning Commission Public Hearing Minutes Date: July 25, 2013 Time: 6:30 PM Location: City Hall Council Chambers Present: Chair McLeod, Vice Chair Strander; Commissioners; Brooke Alford, Sharon Mann, Miguel Maestas, Cassandra Hunter Absent: Commissioner Mike Hansen with an excused absence Staff: Jack Pace, Director of Community Development Stacy MacGregor, Assistant Planner Teri Svedahl, Acting Planning Commission Secretary Chair McLeod opened the BAR review hearing at 6:34 pm for the following application: CASE NUMBER: L13-018 APPLICANT: Jared Taylor for Golden Property Development REQUEST: Public Hearing Design Review for a new 5,880sf Buffalo Wild Wings restaurant on a pre-existing pad site LOCATION: 225 Tukwila Parkway, at the northeast corner of the Westfield,.Southcenter Mall Site Stacy MacGregor, Assistant Planner, Department of Community Development, asked all Commissioners the Appearance of Fairness questions. All Commissioners answered. There was no objection for any of the Commissioners to hearing the proposed application. Stacy MacGregor proceeded with the staff report and utilized a PowerPoint presentation. Staff presented to the Commission the proposed plans for a 8,451sf restaurant including a proposed patio at what is commonly known as the former Bank of America (BofA) site. The bank building is scheduled for demolition with the new restaurant to be built over the existing foundation. The bank basement will remain. Staff explained that the Design Review is for the building only as the site was redesigned in 2010 with the demolition of the BofA drive-through. At the time of the drive through demolition, the parking lot was landscaped and restriped, thus bringing the stalls, drive aisle widths, and landscape island up to code. It was also noted that the design of the parking lot was greatly influenced to preserve the existing mature trees around the site perimeter. Because the parking lot and landscape have previously been brought to code, Buffalo Wild Wings is not proposing any changes to those aspects of the site. Staff pointed out the significant things to note are the pedestrian path connections and sidewalks around the perimeter of the site. The new building is a combination of EFIS, brick and metal. The design was improved to include real brick as opposed to faux brick which was originally proposed. Color changes were also made throughout the design review process in order to meet the criteria in regards to bright colors being used as accents only. The applicant made other changes throughout the design review process to increase the sense of depth and modulation of the building. Page 1 of 5 1 2 BAR & PC Hearing Minutes July 25, 2013 Additional design features, such as spandrel glass, and trellises around the base of the building, were added to the building to allow the applicant to meet the standards to allow Incentive Signage under the City's Sign Code. Staff explained that there are two Comprehensive Plan policies that have been met by the proposed project: - Commercial Areas as well as the Urban Center goal. Staff recommended approval with conditions. The condition regarding the trellis and planters was read aloud for the record. Staff then invited comments from the Commissioners. Chair McLeod swore in those wishing to speak at the public hearing. Several questions were posed from the Commissioners. Questions included the need for clarification regarding what "sports bar" and "entertainment" meant. Applicant, Jared Taylor, later addressed this question and clarified their meaning. Other questions posed by the Commissioners were in regards to signage, screening of the service door, trash enclosure, and planting requirements for the life of the building. Stacy MacGregor, Assistant Planner; Jared Taylor, applicant; and Jonathan Jaeger, architect, addressed all of the questions asked by various Commissioners. Jared Taylor, applicant, then gave a summary of the project and the desire to revitalize the Mall area. He also noted that Westfield Mall is supportive of the project and proposed development. The priority was to design something that fits into what the City of Tukwila is seeking. He explained that Buffalo Wild Wings is considered primarily a family restaurant and sports restaurant to include TV's, a small arcade of video game machines, and table games. There is no live music or pool tables. Mr. Taylor also explained the service doors and how they are designed specifically to keep ingress of food deliveries separate from doors used by employees who enter and exit the building. Jonathan Jaeger, architect answered questions regarding the design of the enclosed patio and explained that the whole facade of the patio does open up for patrons to enjoy nice weather. Commissioners were concerned with future pedestrian connections throughout the Mall parking lot. Staff explained this would need to be discussed with Westfield Mall for future development. Wayne Johnson, Westfield Mall representative, explained that Westfield Mall development team has discussed this issue and the team has discussed the desire to enhance this feature such as on the south side of the Mall. Chair McLeod asked about the two additional restaurants proposed in the future to be located near the Buffalo Wild Wings site, and what impact this would have on parking. Staff explained that the parking surplus on the mall site is applied to Buffalo Wild Wings as their application vested ahead of the other two restaurants. Questions from the Commissioners regarding the rooftop screening of the mechanical equipment were addressed by staff. There was no public testimony. The BAR deliberated. Commissioner Alford moved to approve the design review with all staff recommendations. Page 2 of 5 BAR & PC Hearing Minutes July 25, 2013 Commissioner Mann seconded the motion. All commissioners were in approval. Chair McLeod congratulated the applicant and closed the BAR hearing. Chair McLeod called for a short break 7:26 pm Chair Mcleod called to order the Planning Commission Hearing for the following: CASE: L13-035 APPLICANT: Department of Community Development, City of Tukwila REQUEST: Zoning Code amendment in response to 1-502 to adopt development regulations pertaining to producers, processors, and retailers of recreational marijuana. LOCATION: City-wide Stacy MacGregor, Assistant Planner, Department of Community Development, explained that this is a legislative hearing for the Planning Commission to make and recommend policy to forward to City Council for decision. There are no Appearance of Fairness questions for a legislative hearing. Ms. MacGregor briefed the Commission on the history of medical cannabis and the law that was approved by Governor Gregoire in 2011 and how portions of that law were then vetoed. It was explained how this law allowed collective gardens for medical cannabis and generally vetoed dispensaries for acquiring medical cannabis. The veto created inconsistencies within the law itself. This prompted the City Council of Tukwila to pass a moratorium against allowing medical cannabis in the City of Tukwila while waiting for direction from the state as to how to regulate medical cannabis. The 2012 Legislative Session did not provide any direction from the state level as to how to regulate medical cannabis. A vote of the people in November of 2012, adopted 1-502, decriminalized the possession of recreational marijuana, and creating a licensing mechanism for marijuana retailers, processors, and producers. Ms. MacGregor clarified some key points: > I-502 does not address Medical Cannabis > Medical Cannabis is overseen by a different licensing agency than recreational marijuana > It is the same substance > City Council extended the moratorium on Medical Cannabis in summer of 2012 > Washington State Liquor Control Board (WSLCB) is the agency in charge of drafting the rules to enact the law for I-502 > July 3r1, WSCLB came out with a draft of the proposed rules, and is expected to adopt the final rules for recreational marijuana on August 14`h, 2013 > WSLCB is expected to start accepting applications for producers, processors, and retailers of recreational marijuana on September 14th, 2013 Recently, staff brought before Community Affairs and Parks (CAP) and Committee of the Whole (COW) a request to continue the moratorium on medical cannabis and a request for a moratorium on recreational cannabis. The State has directed the WSCLB to harmonize the cannabis and recreational marijuana laws in the 2014 Legislative Session budget. Page 3 of 5 3 4 BAR & PC Hearing Minutes July 25, 2013 The moratorium on recreational marijuana has been to the COW and is going to Full Council on Monday, July 29`''. Staff would like to adopt zoning code amendments to be in line with I-502 and Federal Laws so that the moratorium on recreational marijuana can be repealed and the City can be in line with I-502. Staff would like zoning code amendments adopted and in place prior to September 14"', which is when the state will start accepting applications for producers, processors, and retailers of recreational marijuana. There will be a limit on how many applications for retailers the state approves, and the City of Tukwila will be given some sort of allotment. There will be no limit on processors and producers. Ms. MacGregor explained the state notification process of the applications submitted and the City's allowed 20 -day comment period. She also explained that local jurisdictions will not have authority to over -ride what the WSLCB has implemented. Ms. MacGregor briefly clarified the law of I-502. She also pointed out the differences between I-502 and medical cannabis. She explains taxing and fee structures, and how the tax on producers, processors and retailers will go to the State. The tax structure is similar to how alcohol taxing is structured. The city will get its portion of sales tax as is standard. The goal of staff moving forward is to update our city code so that is in line with I-502 as well as in line with Federal Law. The state's locational restrictions written into I-502 were explained; these uses are not allowed within 1000ft of schools, (non -home based) daycare centers, transit centers, libraries, arcades that are not restricted to those over the age of 21, and parks. The WSLCB has stated that residential areas would not be allowed licenses for recreational marijuana uses but that this restriction is not included in the rules. Ms. MacGregor explained that, as a City, we have legal authority to implement zoning regulations that create locational restrictions through our exercise of police powers. However, zoning must allow for uses that are allowed at the state level. The Council can determine where these uses are more appropriate for the Tukwila residents. Using a map, Ms. MacGregor showed where the uses would and would not be permitted based on the current city zoning code, and state locational restrictions. She also explained that the Manufacturing and Industrial Center is designated in the County Wide Planning Policies, and in the City's Comprehensive Plan as a Manufacturing and Industrial Center. These important land use areas are expected and need to be preserved for manufacturing and industry. Therefore, it is not appropriate for the proposed uses under I-502. Due to security needs that have been demonstrated in other areas and the side effects of off-site odor, Staff proposed that the most viable zones are Heavy Industrial (HI) and Tukwila Valley South (TVS). Ms. MacGregor went over the proposal set forth to the Planning Commission (PC) for recommended zoning amendments to allow zoning for recreational marijuana producers, processors, and retailers as permitted uses in Heavy Industrial and TVS. Staff would like to then take PC recommendation to CAP and COW in August to get the new amendments adopted in September and repeal the moratorium on recreational marijuana. Staff opened the floor to questions from Commissioners. Questions were asked by Commissioners to clarify the roles of producers, processors, and retailers. Questions were also asked regarding taxes, as well as location restriction clarification, and security needs to keep areas safe. Page 4 of 5 BAR & PC Hearing Minutes July 25, 2013 Staff clarified the roles of the uses, the taxes, and explained that the WSCLB is drafting security requirements as part of the application process. Staff also explained the location restrictions are from the property line of use that is imposing the location restriction. Several more questions were asked regarding staffs proposed locations, what makes a non -conforming use, what items could be sold under retail, and that the uses would be required to be a stand -alone - exclusive use. Commissioner Alford commended Ms. MacGregor on the information presented and confirmed that staff is looking to zone all three uses within the same area. Staff confirmed this is correct. Staff also confirmed the 1000ft location restriction is a State Law and not a City requirement. Commissioner Maestas asked questions relating to legal issues and security issues. Staff answered the posed questions. Staff continued to answer questions from the Planning Commission. Chair McLeod opened the public hearing for public comment. There was no public comment. 8:31 Chair McLeod closed the public hearing. Commission Alford made a motion to recommend to Council the adoption of the draft ordinance presented as Option C in the Staff Report. Commission Maestas seconded the motion. Motion carried 5 to 1, with Commissioner Mann dissenting Director's Report was given to the Planning Commission by Jack pace, Director of Community Development. Mr. Pace briefed the Planning Commission on some upcoming highlights regarding the Comprehensive Plan updates, increase in development activities, and the challenges of residential in -fill. He also shared with the Planning Commission the new permit system being tested, and how it will streamline the process. Mr. Pace also advised the Planning Commission that Fire Prevention Services will be moving from the Fire Department Headquarters on Andover to the 6200 Building and will be located across the hall from the Department of Community Development. 8:39 Chair McLeod adjourned the meeting. Prepare By: Teri Svedahl Page 5 of 5 5 v.; July 23, 2013 Stacy MacGregor Assistant Planner City of Tukwila 6300 Southcenter Boulevard Tukwila, Washington 98188 Dear Ms. MacGregor: Thank you for sending the Washington State Department of Commerce (Commerce) the following materials as required under RCW 36.70A.106. Please keep this letter as documentation that you have met this procedural requirement. City of Tukwila - Proposed amendment to Tukwila Municipal Code in response to 1502 to adopt development regulations pertaining to producers, processors, and retailers of recreational marijuana. These materials were received on July 22, 2013 and processed with the material ID # 19381. Expedited Review is requested under RCW 36.70A.106(3)(b). If this submitted material is an adopted amendment, then please keep this letter as documentation that you have met the procedural requirement under RCW 36.70A.106. If you have submitted this material as a draft amendment requesting expedited review, then we have forwarded a copy of this notice to other state agencies for expedited review and comment. If one or more state agencies indicate that they will be commenting, then Commerce will deny expedited review and the standard 60 -day review period (from date received) will apply. Commerce will notify you by e-mail regarding of approval or denial of your expedited review request. If approved for expedited review, then final adoption may occur no earlier than fifteen calendar days after the original date of receipt by Commerce. Please remember to submit the final adopted amendment to Commerce within ten days of adoption. If you have any questions, please contact Growth Management Services at reviewteam@commerce.wa.gov, or call Dave Andersen (509) 434-4491 or Paul Johnson (360) 725-3048. Sincerely, Review Team Growth Management Services Stacy MacGregor From: Stacy MacGregor Sent: Monday, July 22, 2013 12:46 PM To: 'reviewteam@commerce.wa.gov' Subject: Expedited Review Request Attachments: Expedited review request.docx; Attachment E Draft Ordinance REC MJ.doc Review Team Members, In accordance with the RCW 36.70A.160 City of Tukwila notifies Department of Commerce of the intent to adopt amendments to its development regulations. The nature of the proposed amendments in response to I-502 to adopt development regulations pertaining to producers, processors, and retailers of recreational marijuana. These proposed draft amendments are currently scheduled for public hearing on July 26 and adoption on September 3, 2013. We are requesting an expedited review. Attached is the request for expedited review form and the draft ordinance. Please review and let me know if you need anything else. Thank you. Stacy MacGregor Tukwila Assistant Planner /Tuesday- Friday 8:30-3 6300 Southcenter Blvd / Tukwila, WA 98188 ph: (206) 433-7166 / fx: (206) 431-3665 Stacy.MacGregor@TukwilaWA.gov / www.TukwilaWA.gov The City of opportunity, the community of choice. 1 CPINK)A1B1S etUNCIL A GENLI SYNOPSIS Initials Meeting Date Prepared by M%, ori review Council review 07/22/13 SM ❑ Motion Mtg Date ❑ Resolution Mtg Date 08/05/13 SM ►1 Public Hearing ❑ Other Mtg Date Mtg Date 8/5/13 Mtg Date 7/22/13 SPONSOR ❑ Council ❑ Mayor ❑ HR / / DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Poltce ❑ PW SPONSOR'S On August 15, 2011, the City Council enacted City Council Ordinance No. 2348, which SUMMARY established a one year moratorium on medical cannabis collective gardens and dispensaries. The moratorium was renewed for one year on August 6, 2012. The • established moratorium is set to expire at midnight on August 5, 2013. Staff is proposing to renew the moratorium for an additional year. REVIEWED BY ❑ COW Mtg. ❑ Utilities Cmte DATE: 07/08/2013 // CA&P Cmte ❑ F&S Cmte ❑ Parks Comm. COMMIIThE CHAIR: EKBERG ITEM INFORMATION ITEM NO. 3A & 4A STAFF SPONSOR: STACY MACGREGOR ORIGINAL AGENDA DATE: 07/22/13 AGENDA ITEM TITLE Renewal of Moratorium on Medical Cannabis Collective Gardens and Dispensaries. CATEGORY / / Discussion Mtg Date 07/22/13 ❑ Motion Mtg Date ❑ Resolution Mtg Date / / Ordinance ❑ Bid Award Mtg Date ►1 Public Hearing ❑ Other Mtg Date Mtg Date 8/5/13 Mtg Date 7/22/13 SPONSOR ❑ Council ❑ Mayor ❑ HR / / DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Poltce ❑ PW SPONSOR'S On August 15, 2011, the City Council enacted City Council Ordinance No. 2348, which SUMMARY established a one year moratorium on medical cannabis collective gardens and dispensaries. The moratorium was renewed for one year on August 6, 2012. The • established moratorium is set to expire at midnight on August 5, 2013. Staff is proposing to renew the moratorium for an additional year. REVIEWED BY ❑ COW Mtg. ❑ Utilities Cmte DATE: 07/08/2013 // CA&P Cmte ❑ F&S Cmte ❑ Parks Comm. COMMIIThE CHAIR: EKBERG ❑ Transportation Cmte ❑ Arts Comm. • Planning Comm. RECOMMENDATIONS: SPONSOR/ADMIN. COMMIrrEE Department of Community Development Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: N/A Comments: n/a MTG. DATE RECORD OF COUNCIL ACTION 07/22/13 MTG. DATE ATTACHMENTS 07/22/20 Informational Memorandum dated 07/3/13 Draft Ordinance renewing the moratorium in strike-thru format based on changes by CAP Ordinance No. 2379 Ordinance No. 2350 Minutes from the Community Affairs and Parks Committee meeting of 7/8/13 08/05/13 1 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and Parks FROM: Jack Pace, Department of Community Development Director BY: Stacy MacGregor, Assistant Planner DATE: June 25, 2013 SUBJECT: Renewal of Moratorium on Medical Cannabis Collective Gardens and Dispensaries ISSUE Should the City renew a moratorium on medical cannabis collective gardens and dispensaries? BACKGROUND In 2011, the Washington State legislature passed ESSB 5073, codified as RCW 69.51A, creating rules regarding medical cannabis patients, collective gardens, and medical cannabis dispensaries. The Governor vetoed portions of the bill. The partial veto created conflicts in the remaining portions of the bill but the general assumption is that dispensaries are prohibited by the veto but "qualifying patients" can participate in "collective gardens". The bill does allow local jurisdictions to adopt and enforce requirements for zoning, business licensing, health and safety and business taxes related to the "production, processing, or dispensing of cannabis and cannabis products within their jurisdiction." (RCW 69.51A.130) On August 15, 2011, the City Council enacted Ordinance No. 2348 placing a moratorium on cannabis collective gardens and dispensaries expecting the state to provide clarification on the statutes and the conflicts created by the partial veto. Ordinance 2350 was adopted as findings. In the 2012 legislative session, clarification was not provided but several initiatives addressing cannabis were pending with the state legislature. On August 6, 2012, the City Council enacted City Council Ordinance No.2379, which renewed a one year moratorium on medical cannabis collective gardens and dispensaries. The established moratorium is set to expire at midnight on August 13, 2013. In November 2012, Initiative 502 was passed decriminalizing recreational marijuana use and allowing for state licensed recreational marijuana retailers, processors and producers. The new law did nothing to change the medical cannabis law. The two laws are overseen by different state agencies and among other issues, provide different levels of oversight, licensing, and quantities of marijuana for possession and production. While a state budget has not yet been adopted, the provisional language in both the state house and senate budgets included direction to the state liquor control board to harmonize the medical cannabis and recreational marijuana laws. DISCUSSION Given that the state now allows local jurisdictions to exercise police powers to limit medical cannabis while simultaneously establishing a licensing mechanism for recreational marijuana, and, given that the state legislature may take up these conflicts in the next legislative session; it is prudent to wait until after the rules for implementation are issued and until after the next legislative session before developing regulations. 3 4 INFORMATIONAL MEM Page 2 FINANCIAL IMPACT None RECOMMENDATION The Committee is being asked to forward the ordinance to the July 22, 2013 Committee of the Whole meeting and subsequent August 5, 2013 Regular Meeting. ATTACHMENTS • Draft Ordinance • Ordinance 2379 (to be repealed) • Ordinance 2350 (to adopt as finding) W:12013 Info Memos-CouncillMedical MJ.doc DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWING A MORATORIUM WITHIN THE CITY OF TUKWILA ON THE ESTABLISHMENT, LOCATION, OPERATION, LICENSING, MAINTENANCE OR CONTINUATION OF MEDICAL CANNABIS COLLECTIVE GARDENS OR DISPENSARIES, ASSERTED TO BE AUTHORIZED OR ACTUALLY AUTHORIZED UNDER E2SSB 5073, CHAPTER 181, LAWS OF 2011, CHAPTER 69.51A REVISED CODE OF WASHINGTON, OR ANY OTHER LAWS OF THE STATE OF WASHINGTON; REPEALING ORDINANCE NO. 2379; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila has the authority to adopt a moratorium pursuant to RCW 35A.63.220; and WHEREAS, on August 15, 2011, the Tukwila City Council adopted Ordinance No. 2348, which declared an emergency necessitating the immediate imposition of a moratorium on the establishment, location, operation, licensing, maintenance or continuation of medical cannabis collective gardens or dispensaries, asserted to be authorized under E2SSB 5073, Chapter 181, Laws of 2011, Chapter 69.51A Revised Code of Washington, or any other laws of the State of Washington; and WHEREAS, on October 3, 2011, the Tukwila City Council conducted a public hearing and heard testimony regarding the City's moratorium, and following the public hearing the City Council adopted Ordinance No. 2350, which adopted findings of fact to justify the moratorium adopted by Ordinance No. 2348; and WHEREAS, on August 6, 2012 the Tukwila City Council adopted Ordinance No. 2379, renewing the 12 -month moratorium on medical cannabis collective gardens or dispensaries because it was believed that the Washington State Legislature would address the subject during the 2012 Legislative Session; and WHEREAS, medical marijuana was not addressed during the 2012 Legislative Session and no clarity regarding state and federal regulations related to the licensing, establishment, maintenance, or continuation of any medical cannabis collective garden is currently available; and W: Word ProcessinglOrdinances\Moratorium on marijuana collective gardens -renewed strike-thru 7-11-13 SM:bjs Page 1 of 4 5 WHEREAS, since the enactment of Ordinance Nos. 2348 and 2379, Initiative 502 was passed by the voters of the State of Washington, providing a framework under which recreational marijuana producers, processors, and retailers can become licensed by the State of Washington; and WHEREAS, the Washington State Legislature has adopted a budget with language that calls for the Washington State Liquor Control Board to work with the Department of Health and Department of Revenue to develop recommendations regarding the interaction of medical marijuana regulations and the provisions of Initiative 502; and WHEREAS, the Washington State Legislature has called for these recommen- dations to be submitted to the appropriate legislative committees by January 1, 2014; and WHEREAS, the City has diligently pursued this issue and continues to develop a work program to analyze potential changes to City zoning regulations that may be necessary to address changes in state or federal law, but needs additional clarity from the Washington State Legislature in order to develop a workable set of recommendations for local land use controls for safe and effective regulation of collective gardens in the community; and WHEREAS, the moratorium adopted by Ordinance No. 2379 will expire before the State has rectified the inconsistencies between recreational marijuana and medical cannabis; and WHEREAS, the City deems it in the public interest to renew the current moratorium continued by Ordinance No. 2379 until a period at least 60 days after the close of the 2014 Legislative Session in order to investigate this issue further, obtain regulatory clarity and guidance on how to proceed, and then to adopt City regulations; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Moratorium Renewed. The City hereby renews the moratorium previously imposed on the establishment, location, operation, licensing, maintenance or continuation of medical cannabis collective gardens or dispensaries, asserted to be authorized under E2SSB 5073, Chapter 181, Laws of 2011, Chapter 69.51A Revised Code of Washington, or any other laws of the State of Washington. Section 2. Public Hearing. Pursuant to RCW 35A.63.220 and following adequate public notice, a public hearing was held on July 22, 2013 to hear testimony regarding the City's moratorium. W: Word Processing\Ordinances\Moratorium on marijuana collective gardens -renewed strike-thru 7-11-13 SM:bjs Page 2 of 4 6 Section 3. Duration. The moratorium renewed herein shall be in effect until May 31, 2014, unless extended by the City Council, pursuant to state law. Section 4. Definitions. As used in this ordinance, the following terms have the meanings set forth below: A. "Medical marijuana dispensary" means any business, agency, organization, cooperative, network, consultation operation, or other group or person, no matter how described or defined, including its associated premises and equipment, which has for its purpose or which is used to grow, select, measure, package, label, deliver, sell, or otherwise transfer (for consideration or otherwise) marijuana for medical use. One individual person who is the designated provider for only one qualified patient during any 15 -day period, and who complies with Chapter 69.51A RCW, shall not be deemed a medical marijuana dispensary for the purposes of this moratorium. B. "Medical marijuana collective garden" means a group of qualifying patients that share responsibility for acquiring and supplying the resources required to produce and process marijuana for medical use. Examples of collective garden resources would include, without limitation, the following: property used for a collective garden; or equipment, supplies, and labor necessary to plant, grow and harvest marijuana; marijuana plants, seeds, and cuttings; and equipment, supplies, and labor necessary for proper construction, plumbing, wiring, and ventilation of a garden of marijuana plants. A medical marijuana collective garden shall satisfy the above definition regardless of its formation, ownership, management, or operation as a business, agency, organization, cooperative, network, consultation operation, group, or person. One individual person who is the designated provider for only one qualified patient during any 15 -day period and who complies with Chapter 69.51A RCW, or an individual person who is a qualified patient and who complies with 69.51A RCW, shall not be deemed a medical marijuana collective garden for the purposes of this moratorium. Section 5. No Non -conforming Uses. No use that constitutes or purports to be a medical marijuana dispensary or medical marijuana collective garden as those terms are defined in this ordinance, that was engaged in that activity prior to the enactment of this ordinance shall be deemed to have been a legally established use under the provisions of the Tukwila Municipal Code and that use shall not be entitled to claim legal non -conforming status. Section 6. Adoption of Findings of Fact. The City Council adopts the findings of facts contained in Ordinance No. 2350, by this reference, as well as the "Whereas" clauses contained herein. Section 7. Work Program. The Director of Community Development and/or his/her designee is hereby authorized and directed to address issues related to determining the legality of medical marijuana dispensaries and collective gardens including but not limited to review of the conflict between state and federal law regarding the legality of zoning and licensing of medical marijuana uses under any circumstances and notwithstanding the enactment by the legislature of RCW 69.51A. In the event that such uses are ultimately determined to be legal, the work program W: Word Processing\Ordinances\Moratorium on marijuana collective gardens -renewed strike-thru 7-11-13 SM:bjs Page 3 of 4 7 should also develop appropriate land use regulations pursuant to the newly amended law for review and recommendation for inclusion in the zoning regulations or other provisions of the Tukwila Municipal Code. Further, beyond the extent established by the Washington State Liquor Control Board, the work program should also coordinate medical cannabis rules and regulations with the recreational marijuana rules and regulations established under Initiative 502. The Finance Director and/or his/her designee is hereby authorized and directed to develop appropriate business licensing and other regulations pursuant to the newly amended law for review and recommendation for inclusion in the zoning regulations or other provisions of the Tukwila Municipal Code. Section 8. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 9. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 10. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Jim Haggerton, Mayor Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Shelley M. Kerslake, City Attorney Ordinance Number: W: Word Processing\Ordinances\Moratorium on marijuana collective gardens -renewed strike-thru 7-11-13 SM:bjs Page 4 of 4 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWING A 12 -MONTH MORATORIUM WITHIN THE CITY OF TUKWILA ON THE ESTABLISHMENT, LOCATION, OPERATION, LICENSING, MAINTENANCE OR CONTINUATION OF MEDICAL CANNABIS COLLECTIVE GARDENS k'. OR DISPENSARIES, ASSERTED TO BE AUTHORIZED OR ACTUALLY AUTHORIZED UNDER E2SSB 5073, CHAPTER 181, LAWS OF 2011, CHAPTER 69.51A REVISED CODE OF WASHINGTON, OR ANY OTHER LAWS OF THE STATE OF WASHINGTON; REPEALING ORDINANCE NO. 2348; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila has the authority to adopt a moratorium pursuant to RCW.35A.63.220; and WHEREAS, on August. 15, 2011, the Tukwila City Council adopted Ordinance No. 2348, which declared an emergency necessitating the immediate imposition of a moratorium on the establishment, location, operation, licensing, maintenance or continuation of medical cannabis collective gardens or dispensaries, asserted to be authorized under E2SSB 5073, Chapter 181, Laws of 2011, Chapter 69.51A Revised Code of Washington, or any other laws of the State of Washington; and WHEREAS, on October 3, 2011, the Tukwila City Council conducted a public hearing and heard testimony regarding the City's moratorium, and following the public hearing the City Council adopted Ordinance No. 2350, which adopted findings of fact to justify the moratorium adopted by Ordinance No. 2348; and WHEREAS, after adoption of the City's moratorium, and despite calls from other Washington State cities, the Washington State Legislature has failed to provide clarification on the statutes relating to cannabis collective gardens and/or dispensaries; and WHEREAS, several initiatives are currently pending with the Washington Secretary of State's Office addressing the issue of cannabis; and W: Word Processing\OrdinancesWloratorium on marijuana collective gardens -renewed 6-27-12 BM:bjs Page 1 of 4 9 WHEREAS, the moratorium adopted by Ordinance No. 2348 will expire before the initiatives go before the people of the State of Washington and, if adopted, before the initiatives would be enacted into law; and WHEREAS, the City is not in the position to expend scarce resources in developing regulations that may be rendered obsolete in a very short time, based on action taken at the State level; and WHEREAS, the City desires to wait for the outcome of the vote on these initiatives and, if passed by the people, to determine any impact these initiatives may have (either. directly or indirectly) on requirements relating to cannabis collective gardens and/or dispensaries; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Moratorium Renewed. The City hereby renews the moratorium previously imposed on the establishment, location, operation, licensing, maintenance or continuation of medical cannabis collective gardens or dispensaries, asserted to be authorized under E2SSB 5073, Chapter 181, Laws of 2011, Chapter 69.51A Revised Code of Washington, or any other laws of the State of Washington. Section 2. Public Hearing. Pursuant to RCW 35A.63.220 and following adequate public notice, a public hearing was held on July 23, 2012 to hear testimony regarding the City's moratorium. Section 3. Duration. The moratorium renewed herein shall be in effect until August 14, 2013,unless extended by the City Council, pursuant to State law. Section 4. Definitions. As used in this ordinance, the following terms have the meanings set forth below: • A. "Medical marijuana dispensary" means any business, agency, organization, cooperative, network, consultation operation, or other group or person, no matter how described or defined, including its associated premises and equipment, which has for its purpose or which is used to grow, select, measure, package, label, deliver, sell, or otherwise transfer (for consideration or otherwise) marijuana for medical use. One individual person who is the designated provider for only one qualified patient during any 15 -day period and who complies with Chapter 69.51A RCW, shall not be deemed a medical marijuana dispensary for the purposes of this moratorium. B. "Medical marijuana collective garden" means a group of qualifying patients that share responsibility for acquiring and supplying the resources required to produce and process marijuana for medical use. Examples of collective garden resources would include, without limitation, the following: property used for a collective garden; or equipment, supplies, and labor necessary to plant, grow and harvest marijuana; marijuana plants, seeds, and cuttings; and equipment, supplies, and labor necessary for proper construction, plumbing, wiring, and ventilation of a garden of marijuana W: Word Processing\OrdinanceslMoratorium on marijuana collective gardens -renewed 6-27-12 8M: bjs 10 Ppge 2 of 4 plants. A medical marijuana collective garden shall satisfy the above definition regardless of its formation, ownership, management, or operation as a business, agency, organization, cooperative, network, consultation operation, group, or person. One individual person who is the designated provider for only one qualified patient during any 15 -day period and who complies with Chapter 69.51A RCW, or an individual person who is a qualified patient and who complies with 69.51A RCW, shall not be deemed a medical marijuana collective garden for the purposes of this moratorium. Section 5. No Non -conforming Uses. No use that constitutes or purports to be a medical marijuana dispensary or medical marijuana collective garden as those terms are defined in this ordinance, that was engaged in that activity prior to the enactment of this ordinance shall be deemed to have been a legally established use under the provisions of the Tukwila Municipal Code and that use shall not be entitled to claim legal non -conforming status. Section 6. Adoption of Findings of Fact. The City Council adopts the findings of facts contained in Ordinance No. 2350, by this reference, as well as the "Whereas" clauses contained herein. Section 7. Work Program. The Director of Community Development and/or his/her designee is hereby authorized and directed to address issues related to determining the legality of medical marijuana dispensaries, production facilities, and processing facilities including but not limited to review of the pending dispute between state and federal law enforcement authorities regarding the legality of medical marijuana under any circumstances and notwithstanding the enactment by the legislature of RCW 69.51A. In the event that such uses are ultimately determined to be legal, the work program should also develop appropriate land use regulations pursuant to the newly amended law for review and recommendation for inclusion in the zoning regulations or other provisions of the Tukwila Municipal Code. The Finance Director and/or his/her designee is hereby authorized and directed to develop appropriate business licensing and other regulations pursuant to the newly amended law for review and recommendation for inclusion in the zoning regulations or other provisions of the Tukwila Municipal Code. Section 8. Repealer. Ordinance No. 2348 is hereby repealed. Section 9. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 10. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. W: Word Processing\Ordinances\Moratorium on marijuana collective gardens -renewed 6-27-12 BM:bjs Page 3 of 4 11 Section 11. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY F TUKWILA, WASHINGTON, at a Regular Meeting thereof this 67;9- day of user, 2012. ATTEST/AUTHENTICATED: 0 71--letiSi7 Christy O'F erty, MMC, Cityrk APPR RM BY: Filed with the City Clerk: S Passed by the City Council: Published: Effective Date: ey M. - -rslake, •' Attorney Ordinance Number: W: Word ProcessinglOrdinancesWtoratorium on marijuana collective gardens -renewed 6-27-12 BM:bjs 12 Page 4of4 City of Tukwila Washington Ordinance No. a 3S o AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO THE ESTABLISHMENT, LOCATION, OPERATION, LICENSING, MAINTENANCE OR CONTINUATION OF MEDICAL CANNABIS COLLECTIVE GARDENS OR DISPENSARIES, ASSERTED TO BE AUTHORIZED OR ACTUALLY AUTHORIZED UNDER E2SSB 5073, CHAPTER 181, LAWS OF 2011, CHAPTER 69.51A REVISED CODE OF WASHINGTON, OR ANY OTHER LAWS OF THE STATE OF WASHINGTON; ADOPTING FINDINGS OF FACT TO JUSTIFY THE MORATORIUM ADOPTED BY ORDINANCE NO. 2348; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on August 15, 2011, the Tukwila City Council passed Ordinance No. 2348, which declared an emergency necessitating the immediate imposition of a moratorium on the establishment, location, operation, licensing, maintenance or continuation of medical cannabis collective gardens or dispensaries, asserted to be authorized under E2SSB 5073, Chapter 181, Laws of 2011, Chapter 69.51A Revised Code of Washington, or any other laws of the State of Washington; and WHEREAS, pursuant to RCW 35:63.200, RCW 35A.63.220 and RCW 36.70A, the City is required to hold a public hearing within 60 days of adoption of a moratorium and to adopt Findings of Fact; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Adoption of Findings of Fact. The City Council adopts the following Findings of Fact in support of the moratorium adopted by Ordinance No. 2348: 1. The possession or distribution of cannabis (marijuana) has been and continues to be a violation of state law, pursuant to Chapter 69.50 Revised Code of Washington (Washington's Uniform Controlled Substances Act), and federal law, through the Controlled Substances Act ("CSA"). W: Word Processing\Ordinances\Medical Cannabis Findings of Fact 9-27-11 NG:bjs Page 1 of 4 13 2. Initiative Measure No. 692, approved by the voters of Washington State on November 30, 1998, and now codified as Chapter 69.51A RCW, created a limited defense to marijuana charges under state—not federal—law if the person charged could demonstrate that he or she was a qualifying patient or designated provider as those terms are defined in Chapter 69.51A RCW. In 2007, the state legislature amended the law, and in 2011 the state legislature passed a third amendment to the law (E2SSB 5073, Chapter 181, Laws of 2011), portions of which the Governor vetoed. The newly amended law took effect on July 22, 2011. 3. Prior to issuing her partial veto, the Governor received a letter signed by Washington State's two U.S. Attorneys, Michael Ormsby and Jennifer Durkan. In their letter, they wrote that marijuana is a Schedule I controlled substance under federal law and, as such, "growing, distributing and possessing marijuana in any capacity, other than as part of a federally authorized research program, is a violation of federal law regardless of state laws permitting such activities." These U.S. Attorneys also concluded, "state employees who conducted activities mandated by the Washington legislative proposals would not be immune from liability under the CSA". 4. Because the Governor vetoed 36 of the 58 sections of the Legislature's bill amending Chapter 69.51A RCW, the law, in its final form, understandably has inconsistencies and ambiguities. For example, certain sections that were not vetoed make reference to other sections that were vetoed. 5. The recent amendments to Chapter 69.51A RCW change the scope and effect of the law. New sections affect the rights of qualifying patients and their designated providers. The law now allows "collective gardens" that provide for growing and cultivating up to 45 plants to serve no more than 10 qualifying patients. The law also provides other changes to the rights and responsibilities of medical marijuana patients and their designated providers. 6. The new law, however, clearly delegates to cities the authority to implement zoning requirements, business licensing requirements, health and safety requirements, and business taxes as those requirements and taxes relate to the production, processing, or dispensing of medical marijuana. In particular, local regulations could address ambiguities concerning the location and operation of collective gardens, and ensure that provisions related to designated providers are not used to establish a de facto dispensary when the authority for such uses was vetoed. 7. The City Council requires time to conduct appropriate research to understand the extent of the changes provided in the new law, to analyze impacts and potential liabilities under federal law, and to determine an appropriate regulatory framework for any new uses that are allowed under these laws. 8. The City must ensure that proposed locations for these operations are appropriate and that any potential secondary impacts arising from the operation of these uses or facilities are minimized and mitigated. These secondary impacts may include, W: Word Processing\OrdinancesWledical Cannabis Findings of Fact 9-27-11 NG:bjs 14 Page 2 of 4 but are not limited to, burglaries associated with the cash and marijuana maintained on the site, or an increase of other illegal activities, such as drug use, within the vicinity of these dispensaries. 9. In particular, and without limitation, staff should analyze the impacts of allowing these uses and facilities in residential zones as well as impacts arising from the proximity of these uses and facilities to schools, daycares, parks, religious and cultural facilities, jails and courthouses. Accordingly, the City Council finds that a zoning, licensing, and permitting moratorium should be established, pending local review of appropriate locations and design requirements of these operations, and impacts of the newly amended law and its interaction with federal law. 10. City staff has presented a staff report to the City Council that outlines a tentative schedule for examining the impacts associated with collective gardens and dispensaries. Given the complexity of examining the issues associated with collective gardens and dispensaries, the City will need at least one year to complete an in-depth analysis and to complete a public outreach program. 11. The City Council, following public notice, conducted a public hearing regarding the moratorium on October 3, 2011. 12. Although the City Council determines that a moratorium is necessary for the reasons established above, the City Council emphasizes that it understands the needs of persons suffering from debilitating or terminal conditions, as well as the benefits that approved medical use of marijuana may provide these persons. Nevertheless, given the complex legal and regulatory framework surrounding this issue, a moratorium remains necessary until the City Council can adequately address the competing interests at play. 13. The City Council has considered the foregoing facts, materials and testimony. Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. W: Word Processing\Ordinances\Medical Cannabis Findings of Fact 9-27-11 NG:bjs Page 3 of 4 15 Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCI F THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this rd day of Q er-oli , 2011. ATTEST/AUTHENTICATED: /74 IFbilai Christy O'FlahJ, CMC, City Cler Ji aggerton,17 APPROVE BY: Filed with the City Clerk: -0--// Passed by the City Council: / Published: /0 6-- i/ .Effective Date: 1 0-11-11 Sh- -y M. Kersla ', Cit Attorney Ordinance Number: A.15 0 W: Word Processing\Ordinances\Medical Cannabis Findings of Fact 9-27-11 NG:bjs 16 Page 4 of 4 City of Tukwila Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes July 8, 2013 — 5:15 p.m. PRESENT Councilmembers: Allan Ekberg, Chair; De'Sean Quinn and Kate Kruller Staff: Jack Pace, Stacy MacGregor, Bob Giberson, Ryan Larson, Laurel Humphrey CALL TO ORDER: Committee Chair Ekberg called the meeting to order at 5:17 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Ordinance: Medical Cannabis Collective Garden Moratorium Renewal Staff is seeking Council approval of an ordinance that would renew a moratorium on medical cannabis collective gardens and dispensaries through May 31, 2014. This will be the second renewal of the original moratorium originally placed by Ordinance 2348 on August 15, 2011. Initiative 502, passed last November, decriminalizes recreational marijuana use and allows for state licensing of recreational marijuana retailers, processors and producers. The recently adopted state budget includes a proviso directing the Washington State Liquor Control Board to develop recommendations regarding the interaction of medical marijuana regulations and the provisions of Initiative 502. Renewing the moratorium will give the City time to investigate the potential changes to zoning regulations that may be necessary to address these recent changes as well as to receive any regulatory clarity that may be forthcoming from the State during the January — March 2014 Legislative Session. Staff noted that the seventh recital will be modified to reflect the current status of the state budget. Committee Chair Ekberg requested that these changes be presented in strikeout/underline for the COW. UNANIMOUS APPROVAL. FORWARD TO JULY 22 COW FOR PUBLIC HEARING. B. Ordinance: Marijuana Processing, Producing and Retailing Staff is seeking Council approval of an ordinance that would establish a moratorium on recreational marijuana producers, processors and retailers for six months from the ordinance effective date. Pursuant to the provisions of Initiative 502, the Washington State Liquor Control Board is in the process of developing rules regarding its implementation. The final rules are due to go into effect on September 14th, with applications for licenses being accepted for 30 days, through mid-October. Licenses will be issued beginning December 1, 2013. Under the draft rules, recreational marijuana commercial uses will be prohibited within 1,000 feet of schools, parks, recreation centers, transit centers, libraries, game arcades and child care centers. Establishing a moratorium now will allow the City time to draft a zoning code ordinance that will coordinate most effectively with the Liquor Control Board Rules as well as with the provisions of Initiative 502. Staff indicated that there will be a presentation of potential code amendments to the Planning Commission at its July 25 meeting, after which recommendations will come before the Council. After a discussion of the zoning considerations, Committee members agreed that establishing the moratorium would be of benefit to the City. UNANIMOUS APPROVAL. FORWARD TO JULY 22 COW FOR PUBLIC HEARING. 17 ic- mw&16OAlJA COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by M�g��'or's review Council review 07/22/13 SM NWC, f� 08/05/13 SM ❑ Resolution Mtg Date V Ordinance ❑ Bid Award Mtg Date Public Hearing ❑ Other Mtg Date CATEGORY ... Mtg Date 8/5/13 Mtg Date 7/22/13 Mtg Date SPONSOR ❑ Council ❑ Mayor M INFORMATION ITEM No. 36 & 4B STAFF SPONSOR: STACY MACGREGOR ORIGINAL AGENDA DATE: 07/22/13 AGENDA ITEM TITLE Establish a moratorium on recreational marijuana retailers. producers, processors and 07/22/13 ❑ Motion Mtg Date ❑ Resolution Mtg Date V Ordinance ❑ Bid Award Mtg Date Public Hearing ❑ Other Mtg Date CATEGORY ... Mtg Date 8/5/13 Mtg Date 7/22/13 Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ Finance ❑ Fire ❑ IT ❑ P&�R ❑ Police ❑ PW/ El DCD SPONSOR'S On November SUMMARY recreational producers, yet the state moratorium location standards 6, 2012, Washington marijuana and creating processors and retailers. will issue licenses on December for 6 months and direct for recreational marijuana state voters passed Initiative 502 decriminalizing a regulatory process to license recreational marijuana The rules making is still in a draft stage at the State 1, 2013. Staff is proposing to establish a staff to draft a zoning code amendment to establish uses. REVIEWED BY ❑ COW Mtg. ❑ Utilities Cmte DATE: 07/08/2013 ❑ F&S Cmte ❑ Parks Comm. EKBERG ll Transportation Cmte // CA&P Cmte ❑ Arts Comm. ❑ Planning Comm. CONIMI F1'EE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Department of Community Development Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED So So so Fund Source: N/A Comments: n/a MTG. DATE RECORD OF COUNCIL ACTION 07/22/13 MTG. DATE ATTACHMENTS 07/22/13 Informational Memorandum dated 07/3/13 Draft Ordiance renewing moratorium Minutes from the Community Affairs and Parks Committee meeting 7/8/13 08/05/13 19 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and Parks FROM: Jack Pace, Department of Community Development Director BY: Stacy MacGregor, Assistant Planner DATE: June 26, 2013 SUBJECT: Establishment of a Moratorium on Marijuana Processing, Producing and Retailing. ISSUE Should the City establish a moratorium on recreational marijuana producers, processors, and retailers? BACKGROUND In the fall of 2012, the Washington voters passed Initiative 502 (1-502), which directs the Washington State Liquor Control board (LCB) to regulate (recreational) marijuana producers, processers and retailers. On May 17th, the Liquor Control Board released draft rules regarding the implementation of 1-502. On June 10th, the LCB announced a revised timeline for final adoption of regulations. The final rules are set to go into effect on September 14th, with applications for licenses being accepted during a 30 -day window from mid-September to mid- October. The LCB will begin issuing licenses on December 1, 2013. This is sooner than expected and necessitates a moratorium while new code provisions are drafted to allow the city to consider the primary and secondary impacts of recreational commercial marijuana as a use. Under the draft rules, a local jurisdiction will be notified when a license application is filed with the LCB and the city will have 20 days to file written objections. The LCB's siting criteria will prohibit recreational marijuana commercial uses generally within 1,000 feet of schools, parks, recreation centers, transit centers, libraries, game arcades and child care centers. The Tukwila City Council may wish to create a zoning overlay to allow commercial recreational marijuana use only in certain zones in the city and/or subject to certain location standards. A local ordinance cannot preempt a state law to outright prohibit a use and the state statute may not preempt a local ordinance if the statute and the ordinance are not in conflict. DISCUSSION Given that the state is establishing a licensing mechanism for recreational marijuana, and, given the State Liquor Control Board will adopt final rules for 1-502 implementation only two and one - months before issuing licenses, and, given that the impacts of 1-502 have not been fully explored; it would is prudent to adopt a moratorium to allow the city time to draft a zoning code ordinance to coordinate city code with 1-502. FINANCIAL IMPACT None. 21 INFORMATIONAL MENS Page 2 RECOMMENDATION The Committee is being asked to forward the ordinance to the July 22, 2013 Committee of the Whole meeting and subsequent August 5, 2013 Regular Meeting and direct the Director of Community Development to draft zoning code amendments for council consideration to implement 1-502. ATTACHMENTS Draft Ordinance 22 W:12013 Info Memos-Councif1REC MJ.doc DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING A 6 -MONTH MORATORIUM ON THE ESTABLISHMENT, LOCATION, OPERATION, LICENSING, MAINTENANCE OR CONTINUATION OF MARIJUANA PRODUCERS, PROCESSORS, AND RETAILERS AS REGULATED PURSUANT TO WASHINGTON STATE INITIATIVE 502; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila has the authority to adopt a moratorium pursuant to RCW 35A.63.220; and WHEREAS, on November 6, 2012, Initiative 502 was passed by the voters of the State of Washington, providing a framework under which marijuana producers, processors, and retailers can become licensed by the State of Washington; and WHEREAS, Initiative 502 directs the Washington State Liquor Control Board (WSLCB) to develop rules and regulations to: 1 Determine the number of producers, processors and retailers of marijuana by county; 2. Develop licensing and other regulatory measures; 3. Issue licenses to producers, processors, and retailers at locations which comply with the Initiative's distancing requirements prohibiting such uses within 1,000 feet of schools and other designated public facilities; and 4. Establish a process for the City to comment prior to the issuance of such licenses; and WHEREAS, the WSLCB is expected to adopt new regulations on recreational marijuana on August 14, 2013, and to begin issuance of marijuana producer, processor and retail licenses to qualified applicants in December 2013; and WHEREAS, Section 69.51A.140 RCW delegates authority to cities and towns to adopt and enforce zoning requirements, business licensing requirements, health and safety requirements, and business taxes as exercises of the City's police powers; and W: Word Processing\Ordinances\Moratorium on marijuana producers -processors -retailers 6-26-13 SM:bjs Page 1 of 4 23 24 WHEREAS, marijuana production, processing, and retailing uses must be addressed in the City's zoning code, but the land use and secondary impacts of these uses are still largely unknown and the regulations that the City will need to address them are uncertain pending the Washington State Liquor Control Board's adoption of its licensing regulations and procedures; and WHEREAS, unless the City acts immediately to address marijuana -related uses, such uses may be able to locate in the City without regulation and thereby have adverse impacts on the City and its citizens; and WHEREAS, the City deems it in the public interest to impose a moratorium for a period of six months in order to investigate this issue further and obtain regulatory clarity and guidance from the WSLCB's rules; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Moratorium Established. The City hereby establishes a moratorium on the establishment of marijuana producers, processors, and retailers asserted to be authorized under Initiative No. 502. Section 2. Public Hearing. Pursuant to RCW 35A.63.220 and following adequate public notice, a public hearing was held on July 22, 2013 to hear testimony regarding the City's moratorium. Section 3. Duration. The moratorium herein shall be in effect until six months from the effective date noted below, unless extended by the City Council, pursuant to state law. Section 4. Definitions. As used in this ordinance, the following terms have the meanings set forth below: 1. "Marijuana" means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. W: Word Processing\Ordinances\Moratorium on marijuana producers -processors -retailers 6-26-13 SM:bjs Page 2 of 4 2. "Marijuana processor" means a person licensed by the .stateliquor control board to process marijuana into useable marijuana and marijuana -infused products, package and label useable marijuana and marijuana -infused products for sale in retail outlets, and sell useable marijuana and marijuana -infused products at wholesale to marijuana retailers. 3. "Marijuana producer" means a person licensed by the state liquor control board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers. 4. "Marijuana retailer" means a person licensed by the state liquor control board to sell useable marijuana and marijuana -infused products in a retail outlet. 5. "Marijuana -infused products" means products that contain marijuana or marijuana extracts and are intended for human use. The term "marijuana -infused products" does not include useable marijuana. 6. "Useable marijuana" means dried marijuana flowers. The term "useable marijuana" does not include marijuana -infused products. Section 5. No Non -conforming Uses. No use that constitutes or purports to be a marijuana producer, marijuana processor, or marijuana retailer, as those terms are defined in this ordinance, that was engaged in that activity prior to the enactment of this ordinance shall be deemed to have been a legally established use under the provisions of the Tukwila Municipal Code and that use shall not be entitled to claim legal non- conforming status. Section 6. Adoption of Findings of Fact. The City Council adopts as its preliminary findings the recitals set forth above. The Council may adopt additional findings in the event that additional evidence is presented to the City Council. Section 7. Work Program. The Director of Community Development and/or his/her designee is hereby authorized and directed to address issues related to determining the legality of marijuana production facilities, processing facilities, and retailing facilities, including but not limited to review of the conflict between state and federal law regarding the legality of zoning and licensing of recreational marijuana uses under any circumstances and notwithstanding the enactment by the legislature of Initiative 502. The work program should also develop appropriate land use regulations pursuant to the new state law and state licensing requirements for review and recommendation for inclusion in the zoning regulations or other provisions of the Tukwila Municipal Code. Such regulations shall permit the location of marijuana producers, marijuana processors, and marijuana retailers in the City to the extent, but only to the extent, authorized by state law and then only when in compliance with state licensing requirements and City regulations. Further, appropriate nuisance declaration and abatement provisions should be developed to address any violations of any new state or City regulations or licensing requirements. Such regulations shall be presented W: Word Processing\Ordinances\Moratorium on marijuana producers -processors -retailers 6-26-13 SM:bjs Page 3 of 4 25 26 to the Tukwila Planning Commission and Tukwila City Council for consideration and action in due course. The Finance Director and/or his/her designee is hereby authorized and directed to develop appropriate business licensing and other regulations pursuant to the newly amended law for review and recommendation for inclusion in the zoning regulations or other provisions of the Tukwila Municipal Code. Section 8. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 9. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 10. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Jim Haggerton, Mayor Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Shelley M. Kerslake, City Attorney Ordinance Number: W: Word Processing\Ordinances\Moratorium on marijuana producers -processors -retailers 6-26-13 SM:bjs Page 4 of 4 City of Tukwila Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes July 8, 2013 — 5:15 p.m. PRESENT Councilmembers: Allan Ekberg, Chair; De' Sean Quinn and Kate Kruller Staff: Jack Pace, Stacy MacGregor, Bob Giberson, Ryan Larson, Laurel Humphrey CALL TO ORDER: Committee Chair Ekberg called the meeting to order at 5:17 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Ordinance: Medical Cannabis Collective Garden Moratorium Renewal Staff is seeking Council approval of an ordinance that would renew a moratorium on medical cannabis collective gardens and dispensaries through May 31, 2014. This will be the second renewal of the original moratorium originally placed by Ordinance 2348 on August 15, 2011. Initiative 502, passed last November, decriminalizes recreational marijuana use and allows for state licensing of recreational marijuana retailers, processors and producers. The recently adopted state budget includes a proviso directing the Washington State Liquor Control Board to develop recommendations regarding the interaction of medical marijuana regulations and the provisions of Initiative 502. Renewing the moratorium will give the City time to investigate the potential changes to zoning regulations that may be necessary to address these recent changes as well as to receive any regulatory clarity that may be forthcoming from the State during the January — March 2014 Legislative Session. Staff noted that the seventh recital will be modified to reflect the current status of the state budget. Committee Chair Ekberg requested that these changes be presented in strikeout/underline for the COW. UNANIMOUS APPROVAL. FORWARD TO JULY 22 COW FOR PUBLIC HEARING. B. Ordinance: Marijuana Processing, Producing and Retailing Staff is seeking Council approval of an ordinance that would establish a moratorium on recreational marijuana producers, processors and retailers for six months from the ordinance effective date. Pursuant to the provisions of Initiative 502, the Washington State Liquor Control Board is in the process of developing rules regarding its implementation. The final rules are due to go into effect on September 146', with applications for licenses being accepted for 30 days, through mid-October. Licenses will be issued beginning December 1, 2013. Under the draft rules, recreational marijuana commercial uses will be prohibited within 1,000 feet of schools, parks, recreation centers, transit centers, libraries, game arcades and child care centers. Establishing a moratorium now will allow the City time to draft a zoning code ordinance that will coordinate most effectively with the Liquor Control Board Rules as well as with the provisions of Initiative 502. Staff indicated that there will be a presentation of potential code amendments to the Planning Commission at its July 25 meeting, after which recommendations will come before the Council. After a discussion of the zoning considerations, Committee members agreed that establishing the moratorium would be of benefit to the City. UNANIMOUS APPROVAL. FORWARD TO JULY 22 COW FOR PUBLIC HEARING. 27 APOUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 08/26/13 SM C'' k9 (i 09/03/13 SM ❑ Bid Award Mtg Date ❑ Public Hearing Mfg Date ❑ Other Meg Date CATEGORY ►1 Discussion /1 Ordinance Mtg Date Mtg Date 9/3/13 SPONSOR ❑ Council ❑ Mayor ❑ HR /1 DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ PW SPONSOR'S The Council is being asked to consider a zoning code amendment to the Tukwila Municipal SUMMARY Code. The proposed code changes would add state -licensed marijuana retailers, processors and producers as permitted uses in the Tukwila Valley South (TVS) and HI zones and repeal the moratorium on recreational marijuana uses adopted on 8/5/2013. This item went before the Planning Commission on 7/25. The Council is being asked to hold a public hearing on 8/26 and schedule the adoption of the proposed changes on 9/3. REVIEWED BY ❑ COW Mtg. ❑ Utilities Cmte DA 1'E: 08/12/2013 ITEM INFORMATION ITEM NO. 4& 5.A. 47 STAFF SPONSOR: STACY MACGREGOR ORIGINAL AGENDA DATE: 08/26/13 AGENDA ITEM TITLE Recreational Marijauna Zoning Code Amendment 8/26/13 ❑ Motion Mtg Date ❑ Resolution Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mfg Date ❑ Other Meg Date CATEGORY ►1 Discussion /1 Ordinance Mtg Date Mtg Date 9/3/13 SPONSOR ❑ Council ❑ Mayor ❑ HR /1 DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ PW SPONSOR'S The Council is being asked to consider a zoning code amendment to the Tukwila Municipal SUMMARY Code. The proposed code changes would add state -licensed marijuana retailers, processors and producers as permitted uses in the Tukwila Valley South (TVS) and HI zones and repeal the moratorium on recreational marijuana uses adopted on 8/5/2013. This item went before the Planning Commission on 7/25. The Council is being asked to hold a public hearing on 8/26 and schedule the adoption of the proposed changes on 9/3. REVIEWED BY ❑ COW Mtg. ❑ Utilities Cmte DA 1'E: 08/12/2013 ►1 CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: EKBERG ❑ Arts Comm. RECOMMENDATIONS: SPONSOR/ADMIN. COMMIITEE Department of Community Development Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: N/A Comments: n/a MTG. DATE RECORD OF COUNCIL ACTION 08/26/13 MTG. DATE ATTACHMENTS 08/26/13 Informational Memorandum dated 07/30/13, with attachments <edited after CAP> Draft Ordinance Minutes from the Community Affairs and Parks Committee meeting of 8/12/13 09/03/13 47 City offukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks FROM: Jack Pace, Director DCD BY: Stacy MacGregor, Assistant Planner DATE: July 30, 2013 SUBJECT: Establishment of Marijuana Processing, Producing and Retailing as permitted uses in Tukwila Municipal Code, Title 18 Zoning. (Changes to memo made based on discussion at CAP — shown in strike -through underlined format below) ISSUE Should the City establish zoning regulations for recreational marijuana producers, processors, and retailers? This does not impact the possession and use of recreational marijuana and does not impact the moratorium in effect related to medical marijuana collective gardens and dispensaries. BACKGROUND In the fall of 2012, the Washington voters passed Initiative 502 (1-502), legalizing the recreational use of marijuana and directing the Washington State Liquor Control Board 1 (WSLCB) to regulate recreational marijuana producers, processers and retailers (see Attachment A). On July 3rd, 2013, the Liquor Control Board released proposed rules regarding the implementation of 1-502. The WSLCB was scheduled to adopt final rules implementing 1- 502 on August 14, 2013. On August 13th, WSLCB staff recommended revising their proposed rules, making them available for review on September 4, 2013 and adopting them on October 16.2013. _ _ -•-_ - - - -- --- - ---- - - - .e. ee on September 14 Before the rules take effect, the WSLCB will determine a "maximum number of retail outlets that may be licensed in each county". There will not be a cap on producer and processor licenses. Applications for marijuana producers, processors and retailers will be accepted from November 18th through December 18th but the state -mandated timeframe for issuing licenses will remain as December, 2013. There is no indication that the pending revisions to the proposed rules will impact the following staff recommendations. The 2013. 1-502 is silent regarding medical marijuana and is generally viewed as creating a separate licensing process for recreational marijuana. The laws relating to medical cannabis dispensaries, collective gardens, patients, and health care providers are still valid and 49 INFORMATIONAL MEM' Page 2 enforceable and entirely independent from the recreational marijuana rules. The Washington State Legislature has adopted a budget for 2014 with language that calls for the Liquor Control Board to work with the Department of Health and Department of Revenue to develop recommendations regarding the interaction of medical marijuana regulations and the provisions of Initiative 502. The City of Tukwila's moratorium on medical marijuana is scheduled for renewal with the expectation that new rules will be adopted by the state legislature during the 2014 legislative session at which time the City will have updated state regulations to review and address. The Federal Government's Controlled Substances Act (CSA) still prohibits the possession and distribution of marijuana for any purpose. Staff briefed Community Affairs and Parks Committee on July 8, 2013, regarding a moratorium on recreational marijuana uses and a zoning code amendment to allow recreational marijuana uses in certain zones. On July 22, the Council approved staff's request to draft a zoning code amendment to allow recreational marijuana uses in certain zones in the City. As an interim step, the Council adopted a moratorium on recreational marijuana processors, producers, and retailers on August 5, 2013. The Planning Commission was briefed and recommended the proposed zoning code amendment (option C that follows) permitting recreational marijuana uses in the TVS and HI zones. DISCUSSION What is the City's role in the state process? Initiative 502 was supported by 55.49% of Washington voters and 57% of Tukwila voters. In only one out of Tukwila's 18 voting precincts did the "No" votes exceed the "Yes" votes and then only by 3 out of 253 votes. Under the proposed rules, a local jurisdiction will be notified when a license application is filed with the WSLCB and the city will have 20 days to file written objections. The WSLCB's siting criteria will prohibit recreational marijuana commercial uses generally within 1,000 feet of schools, parks, recreation centers, transit centers, libraries, game arcades and child care centers. The map attached shows that this requirement will substantially limit production, processing, and retailing locations to the north and south sides of the City. City staff has been told by staff at the Association of Washington Cities that the WSLCB will not issue licenses for uses within residential zones (see Attachment B). However, 1-502 does not provide this siting restriction and nothing in the draft rules imposes this restriction. Further, the City of Tukwila's home occupation definition would not restrict recreational marijuana uses as home occupations. See Attachment C for a map showing the 1,000 foot separation imposed by the WSLCB. State law allows the City to adopt and enforce zoning requirements, business licensing requirements, health and safety requirements, and business taxes as exercises of the City's police powers. A local ordinance cannot preempt a state law to outright prohibit a use and the state statute may not preempt a local ordinance if the statute and the ordinance are not in conflict. Existing regulations provide basic protections against the location of incompatible uses but the increased production, processing, selling, or delivery of marijuana likely to be spurred by the new State regulations may create additional impacts. Experience in other jurisdictions with medical marijuana dispensaries indicates that businesses containing usable marijuana or marijuana -infused products may have greater security issues compared with the other 50 INFORMATIONAL MER'' Page 3 businesses. The production and possible processing of marijuana can create off-site odors and growing marijuana indoors can have significant electricity needs. Residents and businesses may be concerned that marijuana -related businesses can negatively impact neighborhood character due to messaging on signs and the potential for robberies. What are the City's options? A. Do nothing above and beyond the WSLCB rules. The City could repeal the moratorium and decide not to adopt any regulations related to recreational marijuana. This would mean that on September-14November 18, 2013, applicants could apply to the WSLCB for a license to produce, process, and sell recreational marijuana at locations throughout the City. While the 1,000 foot setback from schools, parks, libraries, etc. would still apply, marijuana retailers could locate in any zone in which retail uses are allowed (MUO, RCC, NCC, RC, RCM, TUC C/LI, LI, HI, MIC/L1, MIC/H, and TVS zones). Processors could locate where manufacturing, processing and/or packaging of pharmaceuticals and related products, such as cosmetics and drugs are an allowed use (NCC2, RC, RCM, TUC, C/LI, LI, HI, MIC/L, MIC/H, and TVS zones). Producers may be allowed as greenhouses and nurseries (RCC, NCC, RC, RCM, TUC, CUIO, LI, and HI) or farming and farm -related activities (TVS zone). Additionally, these uses could occur in residential zones subject to the home occupation requirements which do not regulate use. Absent zoning regulations, marijuana uses could locate in any area of Tukwila not restricted by the WSLCB. If future zoning regulations prohibited an established use, the use could remain indefinitely. B. Prohibit The City could prohibit (either on an interim or permanent basis) recreational marijuana uses from locating within the City. On July 22Auqust 5, 2013, the City Council adopted a temporary moratorium prohibiting recreational marijuana uses within the City of Tukwila. If adopted;-tThis six month moratorium is intended to prevent recreational marijuana uses from becoming legally vested while the City adopts permanent development regulations. The moratorium is temporary but the WSLCB has indicated that local moratoria will not be recognized in their licensing decisions. As stated above, state law does not allow a local jurisdiction to prohibit a use and an attempt at prohibition would likely be legally challenged. C. Regulate. If the City wants to regulate marijuana -uses, its primary tool would be through zoning regulations3. An amendment to the zoning code could allow recreational 1 Subject to additional, zone -specific regulations. 2 Subject to additional, zone -specific regulations. 3. Under the TMC, all businesses in the City are required to obtain a business license. Any business license application for a recreational marijuana use would be denied for being in "violation of any local, state, or federal law, rule or regulations prohibiting that conduct of that type of business." (TMC 5.04.110). While some other cities are attempting to limit all recreational marijuana business uses via their business license code, a review of state law and consultation with the City Attorney clarifies that a city cannot require a business license for marijuana uses. State Law grants cities the authority to require a business license in order to do business in that city. However, state law also prevents a city from requiring a business license if a license is required from the state. Recreational marijuana uses that have a license from the WSLCB would not be required to obtain a business license from the City of Tukwila and the City 51 INFORMATIONAL MEW Page 4 marijuana -uses only in certain zones in the city and/or subject to certain location standards. The maps attached show the locations that marijuana uses would be restricted by the WSLCB and the areas that remain for potential marijuana uses (Attachments C and D). Aside from a few isolated pockets, marijuana uses can generally be located in the north and the south ends of the city. Marijuana uses have potential impacts that need to be considered. Sites require increased security; production and possibly processing may also require increased ventilation and electricity use on indoor sites and perimeter fencing on outdoor sites. Off-site odors are an issue and building transparency requirements under design review may conflict with security needs. Clustering marijuana uses in one area allows these impacts to be consolidated; off-site impacts could be limited. Ultimately, the impacts from commercial -scale marijuana uses are unknown. If negative impacts from marijuana uses do not materialize, the City Council retains the ability to expand marijuana uses to other areas in the future. The north end of the City, where marijuana uses could be allowed, is generally Manufacturing/Industrial Center -Heavy with an area of Light Industrial, Commercial -Light Industrial, and Manufacturing/Industrial Center -Light. The Countywide Planning Policies and the Tukwila Comprehensive Plan have polices in place to preserve this area for manufacturing and industrial uses making marijuana uses inappropriate in this area. The south end of the City has Tukwila Urban Center, Heavy Industrial, Mixed -Use Office and Tukwila Valley South zoning available for marijuana uses. The City is in the process of amending and adopting a new sub -area plan that will address uses and design standards in the Tukwila Urban Center zone. The Tukwila Valley South zone would allow indoor or outdoor production, and zoning currently supports both retail and processing uses. The Heavy Industrial zone currently would support all uses aside from outdoor grows (farming). Attachment E shows locations in the HI and TVS were recreational marijuana uses would be permitted. Only state -licensed recreational marijuana facilities should be allowed as a permitted use. This proposal would not alter Federal or State criminal law related to marijuana, and it would not place any City employee or official in the position of permitting or sanctioning any marijuana -related activity. Rather, it would be an exercise of the City's authority to protect the public health, safety, and welfare by preventing incompatible uses—in this instance, marijuana -related activity and businesses --in areas where such activity could cause inappropriate off-site impacts. The timing of this proposed ordinance is intended to get ahead of the WSLCB accepting applications so that the City retains the ability to direct the location of recreational marijuana uses. The drafting of this ordinance included considerable input from the City Attorney and Chief of Police and has been thoroughly vetted and is legally sound. The state requires that recreational marijuana uses be allowed, but cities are allowed to impose zoning regulations as they see fit. of Tukwila could not issue a business license to any applicant for marijuana use because those uses are in violation of Federal Law. 52 INFORMATIONAL ME! Page 5 • What does staff recommend? Staff's recommendation is to regulate marijuana uses as outlined in Option C above. This would allow for marijuana retailing, production and processing to be added as permitted uses in the Tukwila Valley South and the Heavy Industrial zones but restrict the area where marijuana uses can occur to areas where the potential impacts are minimized. Marijuana -uses would be prohibited in all other zones in the City. Marijuana -uses would be subject to state licensing requirements and would regulate in concert with state law while not authorizing or giving permission to circumvent or violate federal law. Next Steps The Community Affairs and Parks Committee is being asked to review the draft zoning code amendment and make a recommendation to the full City Council. ATTACHMENTS A. Liquor Control Board 1-502 Fact Sheet B. AWC I- 502 Fact Sheet C. Map: Location Restrictions Imposed by 1-502 (with park buffers outside Tukwila included) D. Map: Zones where uses would be permitted (with park buffers outside Tukwila included) E. Map: Where marijuana uses would be permitted under the proposed ordinance (with park buffers outside Tukwila included) F. Draft Zoning Code Amendment (updated to reflect changes since it was drafted) G. Timeline requested at Community Affairs and Parks 53 7`1 Washington Stat Liquor Control Board Fact Sheet q Initiative 502's impact on the Washington State Liquor Control Board Summary Initiative 502 would license and regulate marijuana production, distribution, and possession for persons over 21; remove state -law criminal and civil penalties for activities that it authorizes. Tax marijuana sales and earmark marijuana -related revenues. The new tightly regulated and licensed system would be similar to those used to control alcohol. Licenses and Fees Creates an application process that mirrors the liquor license application process Creates three new marijuana licenses: producer, processor, and retailer. The fee for each license is a $250 application fee and $1000 annual renewal fee. • Marijuana Producer: produces marijuana for sale at wholesale to marijuana processors and allows for production, possession, delivery, distribution. • Marijuana Processor: processes, packages, and labels marijuana/marijuana infused product for sale at wholesale to marijuana retailers and allows for processing, packaging, possession, delivery, distribution. • Marijuana Retailer: allows for sale of useable marijuana/marijuana infused products at retail outlets regulated by the WSLCB. The initiative allows the WSLCB to charge fees for anything done to implement/enforce the act. For example, fees could be charged on sampling, testing, and labeling that would be the cost of doing business as a licensee Marijuana Taxes The initiative creates three new excise taxes to be collected by the WSLCB: • Excise tax equal to 25% of the selling price on each sale between licensed producer and licensed processor. Paid by the producer. • Excise tax equal to 25% of the selling price on each sale of usable marijuana/marijuana infused product from a licensed processor to a licensed retailer. Paid by the processor. • Excise tax equal to 25% of the selling price on each licensed retail sale of usable marijuana/marijuana infused product. Paid by the retailer. This tax is in addition to any/all applicable general, state, and local sales and use taxes, and is part of the total retail price. • All funds from marijuana excise taxes are deposited in the Dedicated Marijuana Fund. Disbursements from the Dedicated Marijuana Fund shall be on authorization of the WSLCB or a duly authorized representative. Initiative 502 allows for the WSLCB to enact rules that establish procedures and criteria for: • The equipment, management and inspection of production, processing, and retail outlets. • Books and records maintained by licensed premises. • Methods of producing, processing and packaging of marijuana/marijuana infused products, to include conditions of sanitation. Attachment A 55 • Standards of ingredients, quality, and identity of marijuana/marijuana infused products produced, processed and sold by licensees. • Security requirements for retail outlets and premises where marijuana is produced and processed. Retail Outlets Specific number of retail outlets and licenses will be determined by the WSLCB in consultation with the Office of Financial Management taking into account population, security and safety issues, and discouraging illegal markets. The initiative also caps retail licenses by county. • Retail outlets may not employ anyone under the age of 21, nor allow anyone under the age of 21 to enter the premises. • Retail outlets are only authorized to sell marijuana/marijuana products or paraphernalia. • Retailers are allowed one sign identifying the outlet's business or trade name, not to exceed 1600 square inches. • They are not allowed to display marijuana or marijuana related products in a manner that is visible to the general public. Possession If enacted, individuals twenty-one years of age or older are legally authorized to possess and use marijuana -related paraphernalia and any combination of: • One ounce of useable marijuana; • 16 ounces of marijuana infused product in solid form; or • 72 ounces of marijuana infused product in liquid form. Individuals will still be subject to criminal prosecution for: • Possession in amounts greater than what is listed above. • Possession of any quantity or kind of marijuana/marijuana infused product by a person under 21 years of age. Price The Office of Financial Management places a price estimate of $12 per gram. Medicinal marijuana dispensary prices on average range between $10 and $15 per gram with some premium products exceeding $15 per gram. Based on average retail mark-up practices, estimated producer price is $3 per gram and estimated processor price is $6 per gram. Timeline • November 6, 2012: Public vote on Initiative 502. • December 6, 2012: Initiative 502 goes into effect (30 days after general election). • December 1, 2013: Deadline for the WSLCB to establish the procedures and criteria necessary to implement the initiative. ### Revised: 11/19/12 56 AR A ASSOCIATION OF WASHINGTON CiTiES ^Iovem ber 2012 1-502: Marijuana Initiative Washington State voters passed Initiative 502 on election night, legalizing marijuana use. What does the initiative do? The initiative legalizes marijuana use for persons over 21. Private stores, producers and processors are allowed to be licensed to sell marijuana and marijuana infused products. The Washington State Liquor Control Board (LCB) is tasked with regulating and taxing marijuana. Portions decriminalizing the possession of marijuana take effect Dec. 6, 2012. Rules regarding licensing and sales are set to occur no later than Dec. 1, 2013. Who can sell marijuana? The initiative provides for licensed retail locations. Marijuana stores can only sell marijuana, marijuana - infused products, and paraphernalia. Stores are allowed to sell to an individual any combination of the following: one ounce of useable marijuana, 16 ounces of marijuana -infused product in solid form, or 72 ounces of marijuana -infused product in liquid form. Stores may not allow on -premises consumption. Stores are prohibited from advertising or showing product visible from outside the store. No one under the age of 21 may enter marijuana stores, and store owners and employees also must be over 21. What are the rules for users? In addition to being over 21, marijuana cannot be opened or consumed in public. The initiative also establishes a presumptive standard for driving under the influence of marijuana -similar to standards for alcohol- but only available as a blood test. How is marijuana going to be regulated? The LCB is tasked with regulating and licensing marijuana producers, processers, and retailers. The maximum number of retailers per county, the maximum amount of marijuana a re- tailer and producer have on premises, how and when marijua- na could be transported, and product labeling requirements become responsibilities of the LCB. Rules about security re- quirements, employee training and supervision, and locations and hours of retail operations are also the LCB's tasks. Cities and counties must be notified of any applications in their jurisdiction and may object under a process similar to liquor license objections. No license can be approved for locations within 1,000 feet of elementary or secondary schools, playgrounds, recreation centers, day cares, parks, transit centers, libraries, and arcades. Will the initiative impose taxes on marijuana? Yes. At each transaction point (producer to processor, processor to retailer, and retailer to consumer) a 25% excise tax would be levied. Local and state sales tax will also be levied on retail sales. The excise taxes are to be placed in a dedicated marijuana fund and are to be primarily distributed to the state's Basic Health Plan, the state general fund, health-related programs, and the LCB for administrative costs. Local governments do not get a share of the excise tax. Does the initiative address medical marijuana? The initiative is silent on medical marijuana. However, 1-502 may impact medical users as marijuana could be purchased at retail stores. Furthermore, state and local criminal penalties for possession and use are eliminated. And what about federal law? The initiative does not change federal law, and the federal government could continue to arrest marijuana producers, processors, retailers, and users. AWC contact Candice Bock, candiceb@awcnet.org Legislative & Policy Advocate Brittany Sill, brittanys@awcnet.org Legislative & Policy Analyst AWC has not taken a position for or against this ballot initiative. AWC's role is to provide its members with educational materials that can be shared with elected officials, staff and the community. In addition, please review the PDC's guidelines for elected and appointed officials' participation in ballot proposition activity. Attachment B Association of Washington Cities • 1076 Franklin St SE, Olympia,WA 98501 • awcnet.org ath: H:1Maps1Stacy\Map 1_revised childcare centers.mxd Location Restrictions Imposed by 1-502 Legend Trails Schools Buffer Childcare Centers Buffer Parks Buffer Family Fun Center (Arcade) Buffe Libraries & Transit Stations Buffei Date Saved: 08/2012013 2:35:31 PM Attachment C 59 rector King County S 12 St S 164 St S 180 St 0.5 0.25 0 � r � 0.5 Miles Path: H:1Maps\Stacy\Map 4_revised childcare centers.mxd S2 4 St Zones where marijuana uses would be permitted Legend White Areas = Locations Restricted by WSLCB OR Low Density Residential F-1 MDR Medium Density Residential F-1 HDR ligh Density Residential F-1 MUO Mixed Use Office Q 0 Office RCC Residential Commercial Center 1--1 RC Regional Commercial 1-1 RCM Regional Commercial Mixed Use - TUC Tukwila Urban Center n CLI Commercial Light Industrial 1--1 LI Light Industrial ® HI Heavy Industrial J MICIL Manufacturing Industrial Center/Light Industrial MICIH Manufacturing Industrial Center/Heavy Industrial 1-1 NS Tukwila Valley South Date Saved: 08/21/2013 9:34:40 AM Attachment D 61 0.5 0.25 0 0.5 Miles ath: H:\Maps\StacylMap 4_HI&TVt.mxd Where marijuana uses would be permitted under the proposed ordinance Legend MN 11 - TVS Heavy Industrial Tukvnla Valley South White Areas = Locations restricted by WSLCB and zones where marijuana uses would not be permitted Date Saved: 08/21/2013 9:08:20 AM Attachment E 63 ATTACFIMENT F RAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES RELATING TO LAND USE AND ZONING AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 18.40.020 AND ESTABLISHING A NEW SECTION 18.50.210; ADOPTING ZONING RESTRICTIONS ON THE PRODUCTION, PROCESSING, AND RETAILING OF RECREATIONAL MARIJUANA USES; DESCRIBING THE LAND USE IMPACTS TRIGGERING SUCH RESTRICTIONS; IDENTIFYING THE PERMITTED ZONE FOR RECREATIONAL MARIJUANA USES AS THE TUKWILA VALLEY SOUTH AND HEAVY INDUSTRIAL ZONES; ESTABLISHING SEPARATION AND DISTANCE REQUIREMENTS WITHIN THE PERMITTED ZONES; ESTABLISHING PROCEDURES FOR ENFORCEMENT OF VIOLATIONS INCLUDING ABATEMENT OF MARIJUANA NUISANCES; REPEALING ORDINANCE NO. 2405, WHICH ESTABLISHED THE MORATORIUM ON RECREATIONAL MARIJUANA USES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. 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, Initiative 502 was passed by the voters of the State of Washington, providing a framework under which marijuana producers, processors, and retailers can become licensed by the State of Washington; and WHEREAS, Initiative 502 directs the Washington State Liquor Control Board (WSLCB) to develop rules and regulations to: 1. Determine the number of producers, processors and retailers of marijuana by county; 2. Develop licensing and other regulatory measures; W:\Word Processing\Ordinances\Zoning code amended -marijuana uses strike-thru after CAP 8-21-13 SM:bjs Page 1 of 13 65 Revised after 8-12-13 CAP Mtg. Revised after 8-12-13 CAP Mtg. 66 3. Issue licenses to producers, processors, and retailers at locations which comply with the Initiative's distancing requirements prohibiting such uses within 1,000 feet of schools and other designated public facilities; and 4. Establish a process for the City to comment prior to the issuance of such licenses; and WHEREAS, the WSLCB is expected to adopt new regulations on recreational marijuana on August l4October 16, 2013, and to begin issuance of marijuana producer, processor and retail licenses to qualified applicants in December 2013; and WHEREAS, Section 69.51A.140 RCW delegates authority to cities and towns to adopt and enforce zoning requirements, business licensing requirements, health and safety requirements, and business taxes as exercises of the City's police powers; and WHEREAS, the City Council wishes to clarify that the manufacture, production, processing, retailing, possession, transportation, delivery, dispensing, application, or administration of marijuana must comply with all applicable City laws, and that compliance with City laws does not constitute an exemption from compliance with applicable state and federal regulations; and WHEREAS, the City of Tukwila believes that the health, safety, and welfare of the community is best served by excluding from certain zones any production, processing, selling or delivery of marijuana; and WHEREAS, the City of Tukwila adopted Ordinance No. 2405 imposing a moratorium on recreational marijuana uses while zoning for said uses is established; and WHEREAS, Ordinance No. 2405 requires formal action by the City Council to terminate the moratorium; and WHEREAS, the City Council has studied the land use and other secondary impacts of recreational marijuana use, and has now drafted a zoning ordinance to address these impacts; and WHEREAS, the State Environmental Policy Act (SEPA) Responsible Official issued a threshold decision for this draft ordinance on July 30, 2013 which was/was not appealed; and WHEREAS, on July 25, 2013, the Planning Commission held a public hearing on the draft zoning ordinance; and WHEREAS, the Planning Commission recommended approval of the draft zoning ordinance to the City Council; and W:\Word Processing\Ordinances2oning code amended -marijuana uses strike-thru after CAP 8-21-13 SM:bjs Page 2 of 13 WHEREAS, on August 26, 2013, the City Council held a hearing on the draft zoning ordinance, after proper notice, during its regular meeting; and WHEREAS, the City Council after due consideration believes that certain amend- ments to the City's zoning code are necessary; and WHEREAS, the City Council decided to adopt a zoning ordinance and to formally repeal the moratorium on recreational marijuana uses (Ordinance No. 2405); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Formal Repeal of Moratorium. Ordinance No. 2405, a moratorium on the establishment of marijuana producers, processors, and retailers asserted to be authorized under Initiative No. 502, is hereby repealed. Section 2. TMC Section Adopted. A new section is hereby added to Tukwila Municipal Code (TMC) Chapter 18.06, "Definitions," as follows: Marijuana "Marijuana" means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. Section 3. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Marijuana Processor "Marijuana processor" means a person licensed by the state liquor control board to process marijuana into useable marijuana and marijuana -infused products, package and label useable marijuana and marijuana -infused products for sale in retail outlets, and sell useable marijuana and marijuana -infused products at wholesale to marijuana retailers. Section 4. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: W:\Word Processing\Ordinances\Zoning code amended -marijuana uses strike-thru after CAP 8-21-13 SM:bjs Page 3 of 13 67 Marijuana Producer "Marijuana producer" means a person licensed by the stateliquor control board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers. Section 5. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows:. Marijuana Retailer "Marijuana retailer" means a person licensed by the state liquor control board to sell useable marijuana and marijuana -infused products in a retail outlet. Section 6. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Marijuana -infused Products "Marijuana -infused products" means products that contain marijuana or marijuana extracts and are intended for human use. The term "marijuana -infused products" does not include useable marijuana. Section 7. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Useable Marijuana "Useable marijuana" means dried marijuana flowers. The term "useable marijuana" does not include marijuana -infused products. Section 8. TMC Section 18.34.020 Amended. Ordinance Nos. 2368 §35, 2287 §25, 2251 §47, 2021 §7, 1986 §12, 1974 §8, 1971 §15, 1814 §2, 1774 §2, and 1758 §1 (part), as codified at TMC Section 18.34.020, (Heavy Industrial) "Permitted Uses," are hereby amended to read as follows: 18.34.020 Permitted Uses The following uses are permitted outright within the Heavy Industrial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: W:\Word Processing\Ordinances\Zoning code amended -marijuana uses strike-thru after CAP 8-21-13 SM:bjs 68 Page 4 of 13 (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially -zoned property; (2) In or within one-half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel, or (c) public library. b. The distances specified in TMC Section 18.34.020.1.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 3. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 4. Beauty or barber shops. 5. Bicycle repair shops. 6. Billiard or pool rooms. 7. Brew pubs. 8. Bus stations. 9. Cabinet shops or carpenter shops employing less than five people. 10. Commercial laundries. 11. Commercial parking subject to TMC Chapter 18.56, Off -Street Parking and Loading Regulations. 12. Computer software development and similar uses. 13. Contractor storage yards. 14. Convention facilities. 15. Daycare centers. 16. Extended -stay hotel/motel. 17. Financial: a. banking b. mortgage c. other services 18. Fix -it, radio or television repair shops/rental shops. W:\Word Processing\Ordinances\Zoning code amended -marijuana uses strike-thru after CAP.8-21-13 SM:bjs Page 5 of 13 69 19. Fraternal organizations. 20. Frozen food lockers for individual or family use. 21. Greenhouses or nurseries (commercial). 22. Heavy equipment repair and salvage. 23. Hotels. 24. Industries involved with etching, film processing, lithography, printing, and publishing. 25. Internet data/telecommunication centers. 26. Laundries: a. self -serve b. dry-cleaning c. tailor, dyeing 27. Libraries, museums or art galleries (public). 28. Manufacturing and industrial uses that have little potential for creating off- site noise, smoke, dust, vibration or other external environmental impacts or pollution, including but not limited to, manufacturing, processing, repairing, packaging and/or assembly of: a. Previously prepared metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand -forging; b. Food, including, but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted); c. Pharmaceuticals and related products, such as cosmetics and drugs; d. Previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, the and wood; e. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 29. Manufacturing and industrial uses that have moderate to substantial potential for creating off-site noise, smoke, dust, vibration and other external environmental impacts including but not limited to, manufacturing, processing, assembling, packaging and/or repairing of: a. Chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering); b. Electrical or mechanical equipment, vehicles and machines, including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment; c. Previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses. 30. Marijuana processor 31. Marijuana producer 32. Marijuana retailer W:\Word Processing\Ordinances\Zoning code amended -marijuana uses strike-thru after CAP 8-21-13 SM:bjs 70 Page 6 of 13 3033. Medical and dental laboratories. 0434. Mortician and funeral homes. 3235. Motels. 3336. Offices, including: a. outpatient medical clinic b. dental c. government - excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 3437. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 3538. Pawnbrokers. 3639. Planned shopping center (mall). 3710. Plumbing shops (no tin work or outside storage). 3641. Railroad tracks (including lead, spur, loading or storage). 3942. Recreation facilities (commercial - indoor), athletic or health clubs. 4043. Religious facility with an assembly area less than 750 square feet. 41-44. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 4245. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 4346. Restaurants, including: a. drive-through b. sit down c. cocktail lounges in conjunction with a restaurant. 4447. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment, and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 4548. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber/building materials, lawn and garden supplies, farm supplies. 4649. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. 4750. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title. 4851. Salvage and wrecking operations. 4952. Schools and studios for education or self-improvement. 5053. Self -storage facilities. 545454. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required. W:\Word Processing\Ordinances\Zoning code amended -marijuana uses strike-thru after CAP 8-21-13 SM:bjs Page 7 of 13 71 5255. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title. 5856. Taverns, nightclubs. 5457. Telephone exchanges. 5558. Theaters, excluding adult entertainment establishments, as defined by this code. 5859. Tow truck operations, subject to all additional State and local regulations. 5-760. Truck terminals. 5861. Warehouse storage and/or wholesale distribution facilities. 5962. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 9. TMC Section 18.40.020 Amended. Ordinance Nos. 2368 §41, 2287 §30, 2251 §54, 2235 §8, 2097 §17, 2021 §10, 1986 §15, 1974 §11, 1971 §17, 1830 §25, 1814 §2, 1774 §5, and 1758 §1 (part), as codified at TMC Section 18.40.020, (Tukwila Valley South) "Permitted Uses," are hereby amended to read as follows: 18.40.020 Permitted Uses The following uses are permitted outright within the Tukwila Valley South District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially zoned property; (2) In or within 1/2 mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and facilities; (b) Care centers, preschools, nursery schools or other child care (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel, or (c) public library. W:\Word Processing\Ordinances\Zoning code amended -marijuana uses strike-thru after CAP 8-21-13 SM:bjs 72 Page 8 of 13 b. The distances specified in TMC Section 18.40.020.1.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 3. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales Tots. No dismantling of cars or travel trailers or sale of used parts allowed. 4. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 5. Beauty or barber shops. 6. Bicycle repair shops. 7. Billiard or pool rooms. 8. Brew pubs. 9. Bus stations. 10. Cabinet shops or carpenter shops employing less than five people. 11. Commercial laundries. 12. Commercial parking, subject to TMC Chapter 18.56, Off -Street Parking and Loading Regulations. 13. Computer software development and similar uses. 14. Contractor's storage yards. 15. Convalescent and nursing homes for not more than 12 patients. 16. Convention facilities. 17. Daycare centers. 18. Dwelling - one detached single-family unit per existing lot (includes factory built or modular home that meets UBC). 19. Extended -stay hotel/motel. 20. Farming and farm -related activities. 21. Financial: a. banking b. mortgage c. other services 22. Fix -it, radio or television repair shops/rental shops. 23. Fraternal organizations. 24. Frozen food lockers for individual or family use. 25. Greenhouses or nurseries (commercial). 26. Heavy equipment repair and salvage. 27. Hotels. W:\Word Processing\Ordinances\Zoning code amended -marijuana uses strike-thru after CAP 8-21-13 SM:bjs Page 9 of 13 73 28. Industries involved with etching, film processing, lithography, printing and publishing. 29. Internet data/telecommunication centers. 30. Laundries: a. self -serve b. dry-cleaning c. tailor, dyeing 31. Libraries, museums or art galleries (public). 32. Manufacturing and industrial uses that have little potential for creating off- site noise, smoke, dust, vibration or other external environmental impacts of pollution, including but not limited to, manufacturing, processing, assembling, packaging and/or repairing of: a. Food, including, but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted); b. Pharmaceuticals and related products, such as cosmetics and drugs; c. Previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and wood; d. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices and recording equipment. 33. Marijuana processor 34. Marijuana producer 35. Marijuana retailer 3336. Medical and dental laboratories. 3437. Mortician and funeral homes. 3538. Motels. 3639. Offices, including: a. outpatient medical clinic b. dental c. government - excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 3740. Pawnbrokers. 3841. Planned shopping center (mall). 3042. Plumbing shops (no tin work or outside storage). 4043. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 4444. Railroad tracks (including lead, spur, loading or storage). 4245. Recreation facilities (commercial - indoor), athletic or health clubs. /13,16. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks, shooting ranges. W:\Word Processing\Ordinances\Zoning code amended -marijuana uses strike-thru after CAP 8-21-13 SM:bjs 74 Page 10 of 13 4447. Religious facility with an assembly area of Tess than 750 square feet. 4548. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 4649. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 4750. Research and development facilities. 4851. Restaurants, including: a. drive-through; b. sit down; c. cocktail lounges in conjunction with a restaurant. 4652. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 5053. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber/building materials, lawn and garden supplies, farm supplies. 5454. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title. 5255. Salvage and wrecking operations that are entirely enclosed within a building. 5856. Schools and studios for education or self-improvement. 5457. Self -storage facilities. 5558. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title. 5659. Studios - art, photography, music, voice and dance. 5760. Taverns, nightclubs. 5861. Telephone exchanges. 5962. Theaters, excluding adult entertainment establishments, as defined by this code. 6063. Tow truck operations, subject to all additional State and local regulations. 6464. Truck terminals. 6265. Warehouse storage and/or wholesale distribution facilities. 6366. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. W:\Word Processing\Ordinances\Zoning code amended -marijuana uses strike-thru after CAP 8-21-13 SM:bjs Page 11 of 13 75 Section 10. TMC Section 18.50.210 Adopted. TMC Section 18.50.210, "Marijuana Related Uses," is hereby established to read as follows: A. The production, processing and retailing of marijuana is and remains illegal under federal law. Nothing herein or as provided elsewhere in the ordinances of the City of Tukwila is an authorization to circumvent federal law or provide permission to any person or entity to violate federal law. Only state -licensed marijuana producers, marijuana processors, and marijuana retailers may locate in the City of Tukwila and then only pursuant to a license issued by the State of Washington. The purposes of these provisions is solely to acknowledge the enactment by Washington voters of Initiative 502 and a state licensing procedure and to permit, but only to the extent required by state law, marijuana producers, processors, and retailers to operate in designated zones of the City. B. The production, processing, selling, or delivery of marijuana, marijuana -infused products, or useable marijuana may not be conducted in association with any business establishment, dwelling unit, or home occupation located in any of the following areas: Low Density Residential Medium Density Residential High Density Residential Mixed Use Office Office Residential Commercial Center Neighborhood Commercial Center Regional Commercial Regional Commercial Mixed Use Tukwila Urban Center Commercial/Light Industrial Light Industrial Manufacturing Industrial Center/Light Manufacturing Industrial Center/Heavy C. Any violation of this section is declared to be a public nuisance per se, and, in addition to any other remedy provided by law or equity, may be abated by the City Attorney under the applicable provisions of this code or state law. Section 11. No Non -conforming Uses. No use that constitutes or purports to be a marijuana producer, marijuana processor, or marijuana retailer, as those terms are defined in this ordinance, that was engaged in that activity prior to the enactment of this ordinance shall be deemed to have been a legally established use under the provisions of the Tukwila Municipal Code and that use shall not be entitled to claim legal non- conforming status. Section 12. Adoption of Findings of Fact. The City Council adopts as its preliminary findings the recitals set forth above. The City Council may adopt additional findings in the event that additional evidence is presented to the City Council. W:\Word Processing\Ordinances\Zoning code amended -marijuana uses strike-thru after CAP 8-21-13 SM:bjs 76 Page 12 of 13 Section 13. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 14. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 15. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W:\Word Processing\Ordinances\Zoning code amended -marijuana uses strike-thru after CAP 8-21-13 SM:bjs Page 13 of 13 77 City of Tukwila TIMELINE Actions by the City of Tukwila (taken and scheduled) are in bold November 6, 2012: May 17, 2013: June 10, 2013: July 3, 2013: July 8, 2013: July 9, 2013 July 22, 2013: July 22, 2013: July 25, 2013: July 30, 2013: August 5, 2013: August 12, 2013: August 14, 2013: August 26, 2013: September 3, 2013: September 4, 2013 October 16, 2013: November 16, 2013: Nov 18 -Dec 18, 2013 December 1, 2013: ATTACHMENT G Jim Haggerton, Mayor Washington Voters approve Initiative 502 to decriminalize marijuana possession and create a system to license recreational marijuana producers, processors and retailers WSLCB released draft rules to implement 1-502 WSLCB revised their timeline for final adoption of licensing regulations WSLCB released proposed rules to implement 1-502 Community Affairs and Parks—review of medical and recreational moratoriums SEPA Notice of Application for zoning code amendment to zone for recreational marijuana uses Department of Commerce received zoning code amendment to zone for recreational marijuana uses Committee of the Whole Public Hearings—moratoriums on recreational marijuana and medical cannabis Planning Commission Public Hearing – zoning code amendment to zone for recreational marijuana uses SEPA Determination of Non -Significance issued on zoning code amendment to zone for recreational marijuana uses Full Council adopts moratorium on recreational marijuana and renews moratorium on medical cannabis Community Affairs and Parks—review of zoning code amendment to zone for recreational marijuana uses WSLCB to adopt proposed rules (action not taken, schedule revised) Committee of the Whole Public Hearing—zoning code amendment to zone for recreational marijuana uses Full Council may adopt zoning code amendment to zone for recreational marijuana uses WSLCB scheduled to release revised proposed rules WSLCB scheduled to adopt revised proposed rules WSLCB rules become effective :WSLCB accepts applications (30 -day window) Rules are complete (as mandated by law). WSLCB begins issuing Producer, Processor and Retail licenses to qualified applicants. 79 City of Tukwila Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes August 12, 2013 — 5:15 p.m. PRESENT Councilmembers: Allan Ekberg, Chair (via telephone); De'Sean Quinn and Kate Kruller Staff: Jack Pace, Nora Gierloff, Minnie Dhaliwal, Evie Boykan, Stacy MacGregor, Laurel Humphrey CALL TO ORDER: Committee Chair Ekberg called the meeting to order at 5:16 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Ordinance: Amending the Zoning Code relating to Recreational Marijuana. Staff is seeking Council approval of an ordinance that would amend the Municipal Code to establish zoning regulations for the processing, production and retail sale of recreational marijuana. Initiative 502, passed in November 2012, legalizes recreational marijuana use and directs the Washington State Liquor Control Board (WSLCB) to license and regulate producers, processers and retailers of marijuana and marijuana infused products. The WSLCB is expected to adopt implementation rules and to begin issuing licenses this year. On July 22, the Council approved staff's request to draft a zoning code amendment to designate recreational marijuana uses in certain zones in the City. On August 5, the Council adopted a six-month moratorium on recreational marijuana production, processing and retail to allow time for the development of sound zoning regulations. The Planning Commission has received a briefing and has recommended the zoning code amendment reflected in this proposed ordinance, which would permit recreational marijuana uses in the Tukwila Valley South (TVS) and Heavy Industrial (HI) zones in the south end of the city. Under the proposed WSLCB rules, recreational marijuana commercial uses will be prohibited generally within 1,000 feet of schools, parks, recreation centers, transit centers, libraries, game arcades and child care centers, which would effectively limit these uses to the north and south sides of the City. The staff - recommended zoning proposal would further limit use areas to exclude residential areas, the manufacturing and industrial areas in the north end, and Tukwila Urban Center and Mixed -Use Office in the south. This proposal would restrict recreational marijuana use areas in order to minimize potential impacts and prevent incompatible uses, yet meet the intent of the law. Committee members and staff discussed the proposal at length. Among the key points affirmed by staff were the following: • Property owners have the right to decline to lease to a use on the grounds of federal illegality. • Continuous renewal (rolling) of a moratorium is not viewed favorably and could subject Tukwila to litigation. • The proposal has been thoroughly vetted and is legally sound. The state requires that recreational marijuana uses be allowed, but cities are allowed to impose zoning regulations as they see fit. • The 2014 Washington State budget has language that calls for the WSLCB to develop recommendations to harmonize medical and recreational marijuana regulation. New rules for medical marijuana anticipated in the spring of 2014 would allow an opportunity to revisit the zoning code and adjust as needed. 81 Community Affairs & Parks Committee Minutes August 12, 2013 — Pape 2 82 • Commercial condo owners within an area zoned for recreational marijuana could lease or sell to these uses, depending on the condo agreement. • 100% of the 25% recreational marijuana retail tax will go to the state. Councilmember Quinn requested that a thorough chronology of staff research and Council action leading to the recommendation to regulate be included in the information presented to the Committee of the Whole. Committee members were divided on the proposal, with Councilmembers Kruller and Quinn favoring the zoning proposed by this draft ordinance. Committee Chair Ekberg indicated that limiting to TVS and HI in the south end is too restrictive, and he would like to consider more allowed areas for recreational marijuana uses in Tukwila. UNANIMOUS APPROVAL TO FORWARD TO AUGUST 26 COMMITTEE OF THE WHOLE FOR PUBLIC HEARING AND DISCUSSION. B. Briefing on Mobile Food Truck Vendors Staff is seeking committee direction on the regulation of mobile food trucks located on private property. Mobile street food vending is becoming more popular nationwide. Other cities are changing regulations to actively promote food trucks, while others limit their existence with an outright ban or separation requirements from brick and mortar restaurants. Food trucks have been active in Tukwila for at least two decades and there are currently 11 who have or who have applied for a business license. Currently, the Tukwila Municipal Code does not include provisions specific to mobile food trucks. They are not allowed on public sidewalks, and they are allowed in any zone that permits restaurants. They are also required to obtain a business license, for which they need to meet various permitting requirements. Code Enforcement inspects every food truck doing business in Tukwila to verify licenses and permits. If there is a violation, Code Enforcement can issue a civil infraction upon both the property owner and the mobile food truck owner. The vendor must cease operation until inspection requirements can be met. Staff presented three policy options for the committee's discussion: 1) Make no changes; 2) Draft new regulations to facilitate or promote mobile food vending (such as allowing them on sidewalks, allowing clusters, allowing them in additional zones, or allowing promotional events); 3) Draft new regulations to impose additional restrictions (such as restricting zones, adding separation requirements, limiting hours of operation, or imposing design standards). Councilmembers asked clarifying questions of staff and discussed the policy options. Committee Chair Ekberg favored not taking immediate action since existing processes provide control, and there is not a pressing problem at hand. Councilmember Quinn expressed an interest in option 2 (promotion), adding that he is interested in Portland's model of allowing food trucks in parks after an RFP and competitive bidding. Councilmember Kruller is also interested in promotion, citing an example from Boston with a standardized design component. It was agreed upon that a committee member would report on the discussion to the Committee of the Whole and encourage the full Council to give some thought to policy direction on this issue. Human Services staff mentioned that mobile food trucks can provide valuable economic opportunity for those who are unable to open a permanent restaurant space due to affordability. INFORMATION AND DISCUSSION ONLY. III. MISCELLANEOUS Committee Chair Ekberg mentioned citizen comments regarding BNSF establishing a gravel parking area for trailers. Staff indicated that research has been done on this matter, noting the limitations due to federal preemption regarding railroad activities. Staff is prepared to brief Council, if desired. -035 Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Tukwila Planning Commission BY: Jack Pace, Director DCD Stacy MacGregor, Assistant Planner DATE: July 17, 2013 SUBJECT: Establishment of Marijuana Processing, Producing and Retailing as permitted uses in Tukwila Municipal Code, Title 18 Zoning. ISSUE Should the City establish zoning regulations for recreational marijuana producers, processors, and retailers? This does not impact the possession and use of recreational marijuana and does not impact the moratorium in effect related to medical marijuana collective gardens and dispensaries. BACKGROUND In the fall of 2012, the Washington voters passed Initiative 502 (1-502), legalizing the recreational use of marijuana and directing the Washington State Liquor Control board (LCB) to regulate recreational marijuana producers, processers and retailers (see Attachment A). On July 3`d, 2013, the Liquor Control Board released proposed rules regarding the implementation of 1-502. The rules are scheduled for adoption on August 14, 2013 and are set to go into effect on September 14th. Before the rules take effect, the WSLCB will determine a "maximum number of retail outlets that may be licensed in each county". There will not be a cap on producer and processor licenses. The WSLCB will begin accepting applications for all three license types during a 30 -day window beginning on September 14. The LCB is expected to begin issuing licenses on December 1, 2013. 1-502 is silent regarding medical marijuana and is generally viewed as creating a separate licensing process for recreational marijuana. The Washington State Legislature has adopted a budget for 2014 with language that calls for the Liquor Control Board to work with the Department of Health and Department of Revenue to develop recommendations regarding the interaction of medical marijuana regulations and the provisions of Initiative 502. The City of Tukwila's moratorium on medical marijuana is scheduled for renewal with the expectation that new rules will be adopted by the state legislature during the 2014 legislative session at which time the City will have updated state regulations to review and address. The Federal Government's Controlled Substances Act (CSA) still prohibits the possession and distribution of marijuana for any purpose. INFORMATIONAL MEM^ Page 2 DISCUSSION What is the City's role in the state process? Initiative 502 was supported by 55.49% of Washington voters and 57% of Tukwila voters. In only one out of Tukwila's 18 voting precinct did the "No" votes exceed the "Yes" votes and then only by 3 out of 253 votes. Under the proposed rules, a local jurisdiction will be notified when a license application is filed with the LCB and the city will have 20 days to file written objections. The LCB's siting criteria will prohibit recreational marijuana commercial uses generally within 1,000 feet of schools, parks, recreation centers, transit centers, libraries, game arcades and child care centers. The map attached shows that this requirement will substantially limit production, processing, and retailing to the north and south sides of the City. City staff has been told by staff at the Association of Washington Cities that the WSLCB will not issue licenses for uses within residential zones (see Attachment B). However, 1-502 does not provide this siting restriction and nothing in the draft rules imposes this restriction. Further, the City of Tukwila's home occupation definition would not restrict recreational marijuana uses as home occupations. See Attachment C for a map showing the 1,000 foot separation imposed by the WSLCB. State law allows the City to adopt and enforce zoning requirements, business licensing requirements, health and safety requirements, and business taxes as exercises of the City's police powers. A local ordinance cannot preempt a state law to outright prohibit a use and the state statute may not preempt a local ordinance if the statute and the ordinance are not in conflict. Existing regulations provide basic protections against the location of incompatible uses but the increased production, processing, selling, or delivery of marijuana likely to be spurred by the new State regulations may create additional impacts. Experience in other jurisdictions with medical marijuana dispensaries indicates that businesses containing usable marijuana or marijuana -infused products may have greater security issues compared with the other businesses. The production and possible processing of marijuana can create off-site odors and growing marijuana indoors can have significant electricity needs. Residents and businesses may be concerned that marijuana -related businesses can negatively impact neighborhood character due to messaging on signs and the potential for robberies. What are the City's options? A. Do nothing. The City could decide not to adopt any regulations related to recreational marijuana. This would mean that on September 14, 2013, applicants could apply to the WSLCB for a license to produce, process, and sell recreational marijuana at locations throughout the City. While the 1,000 foot setback from schools, parks, libraries, etc. would still apply, marijuana retailers could locate in any zone in which retail uses are allowed (MUO, RCC, NCC, RC, RCM, TUC C/LI, LI, HI, MIC/L1, MIC/H, and TVS zones). Processors could locate where manufacturing, processing and/or packaging of pharmaceuticals and related products, such as cosmetics and drugs are an allowed use (NCC2, RC, RCM, TUC, C/LI, LI, HI, MIC/L, MIC/H, and TVS zones). Producers may be 1 Subject to additional, zone -specific regulations. 2 Subject to additional, zone -specific regulations. INFORMATIONAL MEP "" Page 3 allowed as greenhouses and nurseries (RCC, NCC, RC, RCM, TUC, CUIO, LI, and HI) or farming and farm -related activities (TVS zone). Additionally, these uses could occur in residential zones subject to the home occupation requirements which do not regulate use. B. Prohibit The City could prohibit (either on an interim or permanent basis) recreational marijuana uses from locating within the City. The City Council is scheduled to hold a public hearing on a moratorium prohibiting recreational marijuana uses within the City of Tukwila on July 22, 2013. If adopted, this six month moratorium is intended to prevent recreational marijuana uses from becoming legally vested while the City adopts permanent development regulations. The moratorium is temporary but the WSLCB has indicated that local moratoria will not be recognized in their licensing decisions. As stated above, state law does not allow a local jurisdiction to prohibit a use and an attempt at prohibition would likely be legally challenged. C. Regulate. If the City wants to regulate marijuana -uses, its primary tool would be through zoning regulations3. An amendment to the zoning code could allow recreational marijuana -uses only in certain zones in the city and/or subject to certain location standards. The maps attached show the locations that marijuana uses would be restricted by the WSLCB and the areas that remain for potential marijuana uses (Attachments C and D). Aside from a few isolated pockets, marijuana uses can generally be located in the north and the south ends of the city. Marijuana uses have potential impacts that need to be considered. Sites require increased security; production and possibly processing may also require increased ventilation and electricity use on indoor sites and perimeter fencing on outdoor sites. Off-site odors are an issue and building transparency requirements under design review may conflict with security needs. Clustering marijuana uses in one area allows these impacts to be consolidated; off-site impacts could be limited. The north end of the City, where marijuana uses could be allowed, is generally Manufacturing/Industrial Center -Heavy with an area of Light Industrial, Commercial -Light Industrial, and Manufacturing/Industrial Center -Light. The Countywide Planning Policies and the Tukwila Comprehensive Plan have polices in place to preserve this area for manufacturing and industrial uses making marijuana uses inappropriate in this area. The south end of the City has Tukwila Urban Center, Heavy Industrial, Mixed -Use Office and Tukwila Valley South zoning available for marijuana uses. The City is in the process 3. Under the TMC, all businesses in the City are required to obtain a business license. Any business license application for a recreational marijuana use would be denied for being in "violation of any local, state, or federal law, rule or regulations prohibiting that conduct of that type of business." (TMC 5.04.110). While some other cities are attempting to limit all recreational marijuana business uses via their business license code, a review of state law and consultation with the City Attorney clarifies that a city cannot require a business license for marijuana uses. State Law grants cities the authority to require a business license in order to do business in that city. However, state law also prevents a city from requiring a business license if a license is required from the state. Recreational marijuana uses that have a license from the WSLCB would not be required to obtain a business license from the City of Tukwila and the City of Tukwila could not issue a business license to any applicant for marijuana use because those uses are in violation of Federal Law. INFORMATIONAL MEM(' Page 4 of amending and adopting a new sub -area plan that will address uses and design standards in the Tukwila Urban Center zone. The Tukwila Valley South zone would allow indoor or outdoor production, and zoning currently supports both retail and processing uses. The Heavy Industrial zone would support all uses aside from outdoor grows (farming). Only state -licensed recreational marijuana facilities should be allowed as a permitted use. This proposal would not alter Federal or State criminal law related to marijuana, and it would not place any City employee or official in the position of permitting or sanctioning any marijuana -related activity. Rather, it would be an exercise of the City's authority to protect the public health, safety, and welfare by preventing incompatible uses—in this instance, marijuana -related activity and businesses --in areas where such activity could cause inappropriate off-site impacts. What does staff recommend? Staff's recommendation is to regulate marijuana uses as outlined in Option C above. This would allow for marijuana retailing, production and processing to be added as permitted uses in the Tukwila Valley South and the Heavy Industrial zones but restrict the area where marijuana uses can occur to areas where the potential impacts are minimized. Marijuana -uses would be prohibited in all other zones in the City. Marijuana -uses would be subject to state licensing requirements and would regulate in concert with state law while not authorizing or giving permission to circumvent or violate federal law. Next Steps The Planning Commission is being asked to review the draft zoning code amendment and make a recommendation to the City Council. ATTACHMENTS A. Liquor Control Board 1-502 Fact Sheet B. AWC 1- 502 Fact Sheet C. Map: Location Restrictions Imposed by 1-502 D. Map: Zones where uses would be permitted E. Draft Zoning Code Amendment Washington State Liquor Control Board Fact Sheet Initiative 502's impact on the Washington State Liquor Control Board Summary Initiative 502 would license and regulate marijuana production, distribution, and possession for persons over 21; remove state -law criminal and civil penalties for activities that it authorizes. Tax marijuana sales and earmark marijuana -related revenues. The new tightly regulated and licensed system would be similar to those used to control alcohol. Licenses and Fees Creates an application process that mirrors the liquor license application process Creates three new marijuana licenses: producer, processor, and retailer. The fee for each license is a $250 application fee and $1000 annual renewal fee. • Marijuana Producer: produces marijuana for sale at wholesale to marijuana processors and allows for production, possession, delivery, distribution. • Marijuana Processor: processes, packages, and labels marijuana/marijuana infused product for sale at wholesale to marijuana retailers and allows for processing, packaging, possession, delivery, distribution. • Marijuana Retailer: allows for sale of useable marijuana/marijuana infused products at retail outlets regulated by the WSLCB. The initiative allows the WSLCB to charge fees for anything done to implement/enforce the act. For example, fees could be charged on sampling, testing, and labeling that would be the cost of doing business as a licensee Marijuana Taxes The initiative creates three new excise taxes to be collected by the WSLCB: • Excise tax equal to 25% of the selling price on each sale between licensed producer and licensed processor. Paid by the producer. • Excise tax equal to 25% of the selling price on each sale of usable marijuana/marijuana infused product from a licensed processor to a licensed retailer. Paid by the processor. • Excise tax equal to 25% of the selling price on each licensed retail sale of usable marijuana/marijuana infused product. Paid by the retailer. This tax is in addition to any/all applicable general, state, and local sales and use taxes, and is part of the total retail price. • All funds from marijuana excise taxes are deposited in the Dedicated Marijuana Fund. Disbursements from the Dedicated Marijuana Fund shall be on authorization of the WSLCB or a duly authorized representative. Initiative 502 allows for the WSLCB to enact rules that establish procedures and criteria for: • The equipment, management and inspection of production, processing, and retail outlets. • Books and records maintained by licensed premises. • Methods of producing, processing and packaging of marijuana/marijuana infused products, to include conditions of sanitation. Attachment A • Standards of ingredients, quality, and identity of marijuana/marijuana infused products produced, processed and sold by licensees. • Security requirements for retail outlets and premises where marijuana is produced and processed. Retail Outlets Specific number of retail outlets and licenses will be determined by the WSLCB in consultation with the Office of Financial Management taking into account population, security and safety issues, and discouraging illegal markets. The initiative also caps retail licenses by county. • Retail outlets may not employ anyone under the age of 21, nor allow anyone under the age of 21 to enter the premises. • Retail outlets are only authorized to sell marijuana/marijuana products or paraphernalia. • Retailers are allowed one sign identifying the outlet's business or trade name, not to exceed 1600 square inches. • They are not allowed to display marijuana or marijuana related products in a manner that is visible to the general public. Possession If enacted, individuals twenty-one years of age or older are legally authorized to possess and use marijuana -related paraphernalia and any combination of: • One ounce of useable marijuana; • 16 ounces of marijuana infused product in solid form; or • 72 ounces of marijuana infused product in liquid form. Individuals will still be subject to criminal prosecution for: • Possession in amounts greater than what is listed above. • Possession of any quantity or kind of marijuana/marijuana infused product by a person under 21 years of age. Price The Office of Financial Management places a price estimate of $12 per gram. Medicinal marijuana dispensary prices on average range between $10 and $15 per gram with some premium products exceeding $15 per gram. Based on average retail mark-up practices, estimated producer price is $3 per gram and estimated processor price is $6 per gram. Timeline • November 6, 2012: Public vote on Initiative 502. • December 6, 2012: Initiative 502 goes into effect (30 days after general election). • December 1, 2013: Deadline for the WSLCB to establish the procedures and criteria necessary to implement the initiative. ### Revised: 11/19/12 ASSOCIATION OF WASHINGTON CiTiES °iovember 2012 1-502: Marijuana Initiative Washington State voters passed Initiative 502 on election night, legalizing marijuana use. What does the initiative do? The initiative legalizes marijuana use for persons over 21. Private stores, producers and processors are allowed to be licensed to sell marijuana and marijuana infused products. The Washington State Liquor Control Board (LCB) is tasked with regulating and taxing marijuana. Portions decriminalizing the possession of marijuana take effect Dec. 6, 2012. Rules regarding licensing and sales are set to occur no later than Dec. 1, 2013. Who can sell marijuana? The initiative provides for licensed retail locations. Marijuana stores can only sell marijuana, marijuana - infused products, and paraphernalia. Stores are allowed to sell to an individual any combination of the following: one ounce of useable marijuana, 16 ounces of marijuana -infused product in solid form, or 72 ounces of marijuana -infused product in liquid form. Stores may not allow on -premises consumption. Stores are prohibited from advertising or showing product visible from outside the store. No one under the age of 21 may enter marijuana stores, and store owners and employees also must be over 21. What are the rules for users? In addition to being over 21, marijuana cannot be opened or consumed in public. The initiative also establishes a presumptive standard for driving under the influence of marijuana -similar to standards for alcohol- but only available as a blood test. How is marijuana going to be regulated? The LCB is tasked with regulating and licensing marijuana producers, processers, and retailers. The maximum number of retailers per county, the maximum amount of marijuana a re- tailer and producer have on premises, how and when marijua- na could be transported, and product labeling requirements become responsibilities of the LCB. Rules about security re- quirements, employee training and supervision, and locations and hours of retail operations are also the LCB's tasks. Cities and counties must be notified of any applications in their jurisdiction and may object under a process similar to liquor license objections. No license can be approved for locations within 1,000 feet of elementary or secondary schools, playgrounds, recreation centers, day cares, parks, transit centers, libraries, and arcades. Will the initiative impose taxes on marijuana? Yes. At each transaction point (producer to processor, processor to retailer, and retailer to consumer) a 25% excise tax would be levied. Local and state sales tax will also be levied on retail sales. The excise taxes are to be placed in a dedicated marijuana fund and are to be primarily distributed to the state's Basic Health Plan, the state general fund, health-related programs, and the LCB for administrative costs. Local governments do not get a share of the excise tax. Does the initiative address medical marijuana? The initiative is silent on medical marijuana. However, 1-502 may impact medical users as marijuana could be purchased at retail stores. Furthermore, state and local criminal penalties for possession and use are eliminated. And what about federal law? The initiative does not change federal law, and the federal government could continue to arrest marijuana producers, processors, retailers, and users. AWC contact Candice Bock, candiceb@awcnet.org Legislative Et Policy Advocate Brittany Sill, brittanys@awcnet.org Legislative Et Policy Analyst AWC has not taken a position for or against this ballot initiative. AWC's role is to provide its members with educational materials that can be shared with elected officials, staff and the community. In addition, please review the PDC's guidelines for elected and appointed officials' participation in ballot proposition activity. Attachment B Association ofWashington Cities • 1076 Franklin St SE, Olympia,WA 98501 • awcnet.org Path: H:1Maps\StacylMap 1_revised childcare centers.mxd Location Restrictions Imposed by 1-502 Legend Trails Schools Buffer Parks Buffer Family Fun Center (Arcade) Buffet Childcare Centers Buffer Libraries & Transit Stations Buffet Date Saved: 07/17 Attachment C Path: H:1Maps\Stacy\Map 4_revised childcare centers.mxd Zones where marijuana uses would be permitted Legend White Areas = Locations Restricted by WSLCB LDR Low Density Residential MDR Mecum Density Residential HDR High Density Residential E j MUO Mixed Use Office - 0 Office E_ RCC Residential Commercial Center - RC Regional Commercial - RCM Regional Commercial Mixed Use - TUC Tukwtia Urban Center L ' CLI Commercial Light Industrial E_1 LI Light Industrial M Heavy Industrial MICA. Manufacturing Industrial Center/Light Industrial - MIC/H Manufacturing Industrial Center/Heavy Industrial - TVS Tukwila Valley South E 3 Date Saved: 07/17'"^', Attachment D AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES RELATING TO LAND USE AND ZONING AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 18.40.020 AND ESTABLISHING A NEW SECTION 18.50.210; ADOPTING ZONING RESTRICTIONS ON THE PRODUCTION, PROCESSING, AND RETAILING OF RECREATIONAL MARIJUANA USES; DESCRIBING THE LAND USE IMPACTS TRIGGERING SUCH RESTRICTIONS; IDENTIFYING THE PERMITTED ZONE FOR RECREATIONAL MARIJUANA USES AS THE TUKWILA VALLEY SOUTH AND HEAVY INDUSTRIAL ZONES; ESTABLISHING SEPARATION AND DISTANCE REQUIREMENTS WITHIN THE PERMITTED ZONES; ESTABLISHING PROCEDURES FOR ENFORCEMENT OF VIOLATIONS INCLUDING ABATEMENT OF MARIJUANA NUISANCES; REPEALING ORDINANCE NO. WHICH ESTABLISHED THE MORATORIUM ON RECREATIONAL MARIJUANA USES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. 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, Initiative 502 was passed by the voters of the State of Washington, providing a framework under which marijuana producers, processors, and retailers can become licensed by the State of Washington; and WHEREAS, Initiative 502 directs the Washington State Liquor Control Board (WSLCB) to develop rules and regulations to: 1. Determine the number of producers, processors and retailers of marijuana by county; 2. Develop licensing and other regulatory measures; W:\Planning\Planning Commission\PC 2013 laserfiche Packets\7-25 MJ Zoning Code Amendment SM Paae 1 of 13 Attachment E 3. Issue licenses to producers, processors, and retailers at locations which comply with the Initiative's distancing requirements prohibiting such uses within 1,000 feet of schools and other designated public facilities; and 4. Establish a process for the City to comment prior to the issuance of such licenses; and WHEREAS, the WSLCB is expected to adopt new regulations on recreational marijuana on August 14, 2013, and to begin issuance of marijuana producer, processor and retail licenses to qualified applicants in December 2013; and WHEREAS, Section 69.51A.140 RCW delegates authority to cities and towns to adopt and enforce zoning requirements, business licensing requirements, health and safety requirements, and business taxes as exercises of the City's police powers; and WHEREAS, the City Council wishes to clarify that the manufacture, production, processing, retailing, possession, transportation, delivery, dispensing, application, or administration of marijuana must comply with all applicable City laws, and that compliance with City laws does not constitute an exemption from compliance with applicable state and federal regulations; and WHEREAS, the City of Tukwila believes that the health, safety, and welfare of the community is best served by excluding from certain zones any production, processing, selling or delivery of ,marijuana; and WHEREAS, the City of Tukwila adopted Ordinance No. (to be adopted), imposing a moratorium on recreational marijuana uses while zoning for said uses is established; and WHEREAS, Ordinance No. (to be adopted) requires formal action by the City Council to terminate the moratorium; and WHEREAS, the City Council has studied the land use and other secondary impacts of recreational marijuana use, and has now drafted a zoning ordinance to address these impacts; and WHEREAS, the State Environmental Policy Act (SEPA) Responsible Official issued a threshold decision for this draft ordinance on July 26, 2013 (to be issued) which was/was not appealed; and WHEREAS, on July 25, 2013 (to be held), the Planning Commission held a public hearing on the draft zoning ordinance; and WHEREAS, the Planning Commission recommended approval (to be determined) of the draft zoning ordinance to the City Council; and W:\Planning\Planning Commission\PC 2013 laserfiche Packets\7-25 MJ Zoning Code Amendment SM Page 2 of 13 WHEREAS, on August 26, 2013 (to be held), the City Council held a hearing on the draft zoning ordinance, after proper notice, during its regular meeting; and WHEREAS, the City Council after due consideration believes that certain amend- ments to the City's zoning code are necessary; and WHEREAS, the City Council decided to adopt a zoning ordinance and to formally repeal the moratorium on recreational marijuana uses (Ordinance No. (to be adopted); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Formal Repeal of Moratorium. Ordinance No. (to be adopted), a moratorium on the establishment of marijuana producers, processors, and retailers asserted to be authorized under Initiative No. 502, is hereby repealed. Section 2. TMC Section Adopted. A new section is hereby added to Tukwila Municipal Code (TMC) Chapter 18.06, "Definitions," as follows: Marijuana "Marijuana" means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. Section 3. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Marijuana Processor "Marijuana processor" means a person licensed by the state liquor control board to process marijuana into useable marijuana and marijuana -infused products, package and label useable marijuana and marijuana -infused products for sale in retail outlets, and sell useable marijuana and marijuana -infused products at wholesale to marijuana retailers. Section 4. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Marijuana Producer W:\Planning\Planning Commission\PC 2013 laserfiche Packets\7-25 MJ Zoning Code Amendment SM Page 3 of 13 "Marijuana producer" means a person licensed by the state liquor control board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers. Section 5. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Marijuana Retailer "Marijuana retailer" means a person licensed by the state liquor control board to sell useable marijuana and marijuana -infused products in a retail outlet. Section 6. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Marijuana -infused Products "Marijuana -infused products" means products that contain marijuana or marijuana extracts and are intended for human use. The term "marijuana -infused products" does not include useable marijuana. Section 7. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Useable Marijuana "Useable marijuana" means dried marijuana flowers. The term "useable marijuana" does not include marijuana -infused products. Section 8. TMC Section 18.34.020 Amended. Ordinance Nos. 2368 §35, 2287 §25, 2251 §47, 2021 §7, 1986 §12, 1974 §8, 1971 §15, 1814 §2, 1774 §2, and 1758 §1 (part), as codified at TMC Section 18.34.020, (Heavy Industrial) "Permitted Uses," are hereby amended to read as follows: 18.34.020 Permitted Uses The following uses are permitted outright within the Heavy Industrial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially -zoned property; (2) In or within one-half mile of: W:\Planning\Planning Commission\PC 2013 laserfiche Packets\7-25 MJ Zoning Code Amendment SM Page 4 of 13 (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel, or (c) public library. b. The distances specified in TMC Section 18.34.020.1.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 3. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 4. Beauty or barber shops. 5. Bicycle repair shops. 6. Billiard or pool rooms. 7. Brew pubs. 8. Bus stations. 9. Cabinet shops or carpenter shops employing less than five people. 10. Commercial laundries. 11. Commercial parking subject to TMC Chapter 18.56, Off -Street Parking and Loading Regulations. 12. Computer software development and similar uses. 13. Contractor storage yards. 14. Convention facilities. 15. Daycare centers. 16. Extended -stay hotel/motel. 17. Financial: a. banking b. mortgage c. other services 18. Fix -it, radio or television repair shops/rental shops. 19. Fraternal organizations. 20. Frozen food lockers for individual or family use. 21. Greenhouses or nurseries (commercial). W:\Planning\Planning Commission\PC 2013 laserfiche Packets\7-25 MJ Zoning Code Amendment SM Page 5 of 13 22. Heavy equipment repair and salvage. 23. Hotels. 24. Industries involved with etching, film processing, lithography, printing, and publishing. 25. Internet data/telecommunication centers. 26. Laundries: a. self -serve b. dry-cleaning c. tailor, dyeing 27. Libraries, museums or art galleries (public). 28. Manufacturing and industrial uses that have little potential for creating off- site noise, smoke, dust, vibration or other external environmental impacts or pollution, including but not limited to, manufacturing, processing, repairing, packaging and/or assembly of: a. Previously prepared metals, including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand -forging; b. Food, including, but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted); c. Pharmaceuticals and related products, such as cosmetics and drugs; d. Previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and wood; e. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 29. Manufacturing and industrial uses that have moderate to substantial potential for creating off-site noise, smoke, dust, vibration and other external environmental impacts including but not limited to, manufacturing, processing, assembling, packaging and/or repairing of: a. Chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering); b. Electrical or mechanical equipment, vehicles and machines, including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment; c. Previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses. 30. Marijuana processor 31. Marijuana producer 32. Marijuana retailer 3033. Medical and dental laboratories. 3434. Mortician and funeral homes. 3235. Motels. W:\Planning\Planning Commission\PC 2013 laserfiche Packets\7-25 MJ Zoning Code Amendment SM Page 6 of 13 3336. Offices, including: a. outpatient medical clinic b. dental c. government - excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 3437. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 3538. Pawnbrokers. 3639. Planned shopping center (mall). 3740. Plumbing shops (no tin work or outside storage). 3341. Railroad tracks (including lead, spur, loading or storage). 3942. Recreation facilities (commercial - indoor), athletic or health clubs. 4043. Religious facility with an assembly area less than 750 square feet. 444444. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). /1215. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 4346. Restaurants, including: a. drive-through b. sit down c. cocktail lounges in conjunction with a restaurant. 4447. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment, and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 4548. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber/building materials, lawn and garden supplies, farm supplies. 4649. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. 4750. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title. 4351. Salvage and wrecking operations. 4952. Schools and studios for education or self-improvement. 5053. Self -storage facilities. 5154. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required. 5255. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the W:\Planning\Planning Commission\PC 2013 laserfiche Packets\7-25 MJ Zoning Code Amendment SM Page 7 of 13 Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title. 5356. Taverns, nightclubs. 5157. Telephone exchanges. 5558. Theaters, excluding adult entertainment establishments, as defined by this code. 5659. Tow truck operations, subject to all additional State and local regulations. 5760. Truck terminals. 5861. Warehouse storage and/or wholesale distribution facilities. 5962. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 9. TMC Section 18.40.020 Amended. Ordinance Nos. 2368 §41, 2287 §30, 2251 §54, 2235 §8, 2097 §17, 2021 §10, 1986 §15, 1974 §11, 1971 §17, 1830 §25, 1814 §2, 1774 §5, and 1758 §1 (part), as codified at TMC Section 18.40.020, (Tukwila Valley South) "Permitted Uses," are hereby amended to read as follows: 18.40.020 Permitted Uses The following uses are permitted outright within the Tukwila Valley South District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code: 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially zoned property; (2) In or within 1/2 mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel, or (c) public library. b. The distances specified in TMC Section 18.40.020.1.a. shall be measured by following a straight line from the nearest point of the property parcel upon W:\Planning\Planning Commission\PC 2013 laserfiche Packets\7-25 MJ Zoning Code Amendment SM Page 8 of 13 which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 3. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales Tots. No dismantling of cars or travel trailers or sale of used parts allowed. 4. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 5. Beauty or barber shops. 6. Bicycle repair shops. 7. Billiard or pool rooms. 8. Brew pubs. 9. Bus stations. 10. Cabinet shops or carpenter shops employing less than five people. 11. Commercial laundries. 12. Commercial parking, subject to TMC Chapter 18.56, Off -Street Parking and Loading Regulations. 13. Computer software development and similar uses. 14. Contractor's storage yards. 15. Convalescent and nursing homes for not more than 12 patients. 16. Convention facilities. 17. Daycare centers. 18. Dwelling - one detached single-family unit per existing lot (includes factory built or modular home that meets UBC). 19. Extended -stay hotel/motel. 20. Farming and farm -related activities. 21. Financial: a. banking b. mortgage c. other services 22. Fix -it, radio or television repair shops/rental shops. 23. Fraternal organizations. 24. Frozen food lockers for individual or family use. 25. Greenhouses or nurseries (commercial). 26. Heavy equipment repair and salvage. 27. Hotels. 28. Industries involved with etching, film processing, lithography, printing and publishing. 29. Internet data/telecommunication centers. W:\Planning\Planning Commission\PC 2013 laserfiche Packets\7-25 MJ Zoning Code Amendment SM Page 9 of 13 30. Laundries: a. self -serve b. dry-cleaning c. tailor, dyeing 31. Libraries, museums or art galleries (public). 32. Manufacturing and industrial uses that have little potential for creating off- site noise, smoke, dust, vibration or other external environmental impacts of pollution, including but not limited to, manufacturing, processing, assembling, packaging and/or repairing of: a. Food, including, but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted); b. Pharmaceuticals and related products, such as cosmetics and drugs; c. Previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile and wood; d. Electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices and recording equipment. 33. Marijuana processor 34. Marijuana producer 35. Marijuana retailer 3336. Medical and dental laboratories. 3437. Mortician and funeral homes. 3538. Motels. 3639. Offices, including: a. outpatient medical clinic b. dental c. government - excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 3740. Pawnbrokers. 3811. Planned shopping center (mall). 3942. Plumbing shops (no tin work or outside storage). 4043. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses or commercial recreation. 4444. Railroad tracks (including lead, spur, loading or storage). 4245. Recreation facilities (commercial - indoor), athletic or health clubs. 4346. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks, shooting ranges. 1117. Religious facility with an assembly area of Tess than 750 square feet. W:\Planning\Planning Commission\PC 2013 laserfiche Packets\7-25 MJ Zoning Code Amendment SM Page 10 of 13 4548. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 4649. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 4750. Research and development facilities. 4851. Restaurants, including: a. drive-through; b. sit down; c. cocktail lounges in conjunction with a restaurant. 4952. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 5053. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber/building materials, lawn and garden supplies, farm supplies. 5-1-54. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title. 5255. Salvage and wrecking operations that are entirely enclosed within a building. 5356. Schools and studios for education or self-improvement. 6457. Self -storage facilities. 5558. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title. 5659. Studios - art, photography, music, voice and dance. 5760. Taverns, nightclubs. 5861. Telephone exchanges. 5962. Theaters, excluding adult entertainment establishments, as defined by this code. 6063. Tow truck operations, subject to all additional State and local regulations. 6-1-64. Truck terminals. 6265. Warehouse storage and/or wholesale distribution facilities. 6366. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 10. TMC Section 18.50.210 Adopted. TMC Section 18.50.210, "Marijuana Related Uses," is hereby established to read as follows: W:\Planning\Planning Commission\PC 2013 laserfiche Packets\7-25 MJ Zoning Code Amendment SM Page 11 of 13 A. The production, processing and retailing of marijuana is and remains illegal under federal law. Nothing herein or as provided elsewhere in the ordinances of the City of Tukwila is an authorization to circumvent federal law or provide permission to any person or entity to violate federal law. Only state -licensed marijuana producers, marijuana processors, and marijuana retailers may locate in the City of Tukwila and then only pursuant to a license issued by the State of Washington. The purposes of these provisions is solely to acknowledge the enactment by Washington voters of Initiative 502 and a state licensing procedure and to permit, but only to the extent required by state law, marijuana producers, processors, and retailers to operate in designated zones of the City. B. The production, processing, selling, or delivery of marijuana, marijuana -infused products, or useable marijuana may not be conducted in association with any business establishment, dwelling unit, or home occupation located in any of the following areas: Low Density Residential Medium Density Residential High Density Residential Mixed Use Office Office Residential Commercial Center Neighborhood Commercial Center Regional Commercial Regional Commercial Mixed Use Tukwila Urban Center Commercial/Light Industrial Light Industrial Manufacturing Industrial Center/Light Manufacturing Industrial Center/Heavy C. Any violation of this section is declared to be a public nuisance per se, and, in addition to any other remedy provided by law or equity, may be abated by the City Attorney under the applicable provisions of this code or state law. Section 11. No Non -conforming Uses. No use that constitutes or purports to be a marijuana producer, marijuana processor, or marijuana retailer, as those terms are defined in this ordinance, that was engaged in that activity prior to the enactment of this ordinance shall be deemed to have been a legally established use under the provisions of the Tukwila Municipal Code and that use shall not be entitled to claim legal non- conforming status. Section 12. Adoption of Findings of Fact. The City Council adopts as its preliminary findings the recitals set forth above. The City Council may adopt additional findings in the event that additional evidence is presented to the City Council. Section 13. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary W:\Planning\Planning Commission\PC 2013 laserfiche Packets\7-25 MJ Zoning Code Amendment SM Page 12 of 13 corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 14. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 15. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W:\Planning\Planning Commission\PC 2013 laserfiche Packets\7-25 MJ Zoning Code Amendment SM Page 13 of 13 ady_07.c ce( (4c)i C p,fx ai\o1/4\6\ czoi\) acAA(.5L Clz 3\,,PJ2J\J-e City of Tukwila Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes July 8, 2013 - 5:15 p.m. PRESENT Councilmembers: Allan Ekberg, Chair; De'Sean Quinn and Kate Kruller Staff: Jack Pace, Stacy MacGregor, Bob Giberson, Ryan Larson, Laurel Humphrey CALL TO ORDER: Committee Chair Ekberg called the meeting to order at 5:17 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Ordinance: Medical Cannabis Collective Garden Moratorium Renewal Staff is seeking Council approval of an ordinance that would renew a moratorium on medical cannabis collective gardens and dispensaries through May 31, 2014. This will be the second renewal of the original moratorium originally placed by Ordinance 2348 on August 15, 2011. Initiative 502, passed last November, decriminalizes recreational marijuana use and allows for state licensing of recreational marijuana retailers, processors and producers. The recently adopted state budget includes a proviso directing the, Washington -State -Liquor -Control --Board-to develop recommendations regard ingthe-interaction ofinedical-marijuana=r-egulations=and-the provisions of Initiative -502. Renewing the moratorium will give the City time to investigate the potential changes to zoning regulations that may be necessary to address these recent changes as well as to receive any regulatory clarity that may be forthcoming from the State during the January - March 2014 Legislative Session. Staff noted that the seventh recital will be modified to reflect the current status of the state budget. Committee Chair Ekberg requested that these changes be presented in strikeout/underline for the COW. UNANIMOUS APPROVAL. FORWARD TO JULY 22 COW FOR PUBLIC HEARING. B. Ordinance: Marijuana Processing, Producing and Retailing Staff is seeking Council approval of an ordinance that would establish a moratorium on recreational marijuana producers, processors and retailers for six months from the ordinance effective date. Pursuant to the provisions of Initiative 502, the Washington State Liquor Control Board is in the process of developing rules regarding its implementation. The final rules are due to go into effect on September 14th, with applications for licenses being accepted for 30 days, through mid-October. Licenses will be issued beginning December 1, 2013. Under the draft rules, recreational marijuana commercial uses will be prohibited within 1,000 feet of schools, parks, recreation centers, transit centers, libraries, game arcades and child care centers. Establishing a moratorium now will allow the City time to draft a zoning code ordinance that will coordinate most effectively with the Liquor Control Board Rules as well as with the provisions of Initiative 502. Staff indicated that there will be a presentation of potential code amendments to the Planning Commission at its July 25 meeting, after which recommendations will come before the Council. After a discussion of the zoning considerations, Committee members agreed that establishing the moratorium would be of benefit to the City. UNANIMOUS APPROVAL. FORWARD TO JULY 22 COW FOR PUBLIC HEARING. 17 City of Tukwila PUBLIC HEARING NOTICE Notice is hereby given that the City of Tukwila Board of Architectural Review will be holding two public hearings on July 25, 2013 at 6:30 p.m. located at 6200 Southcenter Blvd. to discuss the following: BOARD OF ARCHITECTURAL REVIEW & PLANNING COMMISSION CASE NUMBER: APPLICANT: REQUEST: LOCATION: CASE NUMBER: APPLICANT: REQUEST: LOCATION: L13-018 Jared Taylor for Golden Property Development Public Hearing Design Review for a new 5,880 sf Buffalo Wild Wings restaurant on a pre- existing pad site. 225 Tukwila Parkway; at the northeast corner of the Westfield Southcenter Mall site. L13-035 Department of Community Development, City of Tukwila Zoning Code amendment in response to I-502 to adopt development regulations pertaining to producers, processors and retailers of recreational marijuana. City-wide Persons wishing to comment on the above cases may do so by written statement or by appearing at the public hearing. Information on the above cases may be obtained at the Tukwila Planning Division. The City encourages you to notify your neighbors and other persons you believe would be affected by the above items. Published: Distribution: July 11, 2013, Seattle Times Mayor, City Clerk, Property Owners/Applicants, Adjacent Property Owners, and File. EXECUTIVE SUMMARY DEPARTMENT OF COMMUNITY DEVELOPMENT July 8 - I9, 20I3 Intergovernmental Update Sound Cities Association (SCA) - Regional Transit Committee Caucus Planning Staff participated in the July 17th planning meeting for the Regional Transit Committee meeting occurring later that day. The discussion focused on King County staff's response to the last remaining issues concerning the adoption of a Strategic Plan for Metro and updating the Service Guidelines. Thanks to the hard work of SCA and King County Staff throughout this process, all issues of the SCA Caucus were satisfactorily resolved. Staff Updates �lo"'Fatoriums on Medical Cannabis and Recreational Marijuana Staff took two moratoria for marijuana/cannabis uses in Tukwila to CAP. The first ordinance was a renewal of the Medical Cannabis Collective Gardens and Dispensaries. The passage of I-502 decriminalizing recreational marijuana in 2012 and the legalization of medical cannabis in 2011 has resulted in two sets of regulations. The moratorium affecting Medical Cannabis dispensaries and Collective Gardens is recommended for renewal until after the 2014 legislative session during which time the State Legislature is expected to review recommendations regarding the interaction of medical marijuana regulations and the provisions of Initiative 502. Staff is expected to address medical cannabis dispensaries and collective gardens locating in Tukwila after receiving clarity from the State Legislature. The Community Affairs and Parks Committee unanimously approved and forwarded to the Full Council for consideration the moratorium for renewal. The Community Affairs and Parks Committee unanimously approved and forwarded to the Full Council a moratorium on Marijuana Processing, Producing, and Retailing in Tukwila. The six-month moratorium will give staff time to draft Tukwila Municipal Code amendments to bring the TMC in line with Initiative 502 legalizing recreational marijuana processing, producing, and retailing in Tukwila. Staff will be going to the Planning Commission for recommendation on a draft ordinance on July 25th and then to council with the intent of adopting new code language before September 14th when the state liquor control board starts accepting applications for marijuana uses. The moratorium will afford time to bring amendments forward and disallow vesting to such uses in the interim. 42 Avenue S. Street Improvement Project b/w Southcenter BL and S 160 Street DCD and PW staff met with the project's consultant to work out conflicts and unresolved issues. The current design has: • 5 foot sidewalks and 4 foot planting strips on each side of the street; • a 5 foot bike lane and 11 foot vehicle lane on the southbound (west side of the street;) and • a shared 14 foot wide downhill (east side of the street) Sharrow for bikes and cars. Due to staff direction, the design team will look at the following option: • 9 foot wide sidewalk/buffer on west side, • two 14 foot wide lanes with Sharrows, • 7 foot sidewalk/buffer on east side. • Two feet of the hardscape on each side can/would be used for utilities such as mailboxes, fire hydrants and poles for overhead electrical and communication lines. Commute Trip Reduction Staff received 13 of 22 employer results reports generated by the 2013 Commute Trip Reduction (CTR) Survey. Of special note is that the City of Tukwila achieved CTR goals in reducing drive alone trips and vehicle miles traveled from the baseline set in 2007 by the state CTR Law. The CTR survey shows a 64.7% drive alone rate for those employees who are considered CTR affected by the law, down from 75.8% in 2007 for a 14.6% decrease. The drive alone rate for all employees is 67.8% , down from 2007's 77.1%. Employee Transportation Coordinator, Diane Jaber, deserves great credit for her efforts. Other employers achieving goals are Highline Hospital and The Department of Homeland Security. More CTR results will be forthcoming from WSDOT in the near future. Tukwila Library and Tukwila Village Information Night As part of the land use decision making processes for the above projects and in order to expand the opportunity for public review and involvement, DCD organized an Information Night. There were about 25 members of the community who showed up to review the project drawings and the color and materials boards. A dozen written comments were left that will be used in Staff's review and recommendations for the projects. Crustal Springs Snail Discovery On Thursday, DCD and Parks staff, as well as Councilmember Robertson, went on a field trip to Crystal Springs Park with Edward Johannes, a local mollusk biologist. He has been studying snails in the park and has discovered several unusual and rare snails, two of which may represent new species endemic to the park, and one of which is proposed for listing under the Endangered Species Act by the Federal Government. DCD arranged for Mr. Johannes to give a presentation to the Parks Commission on Wednesday night about his findings. Jack Pace, Director - Department of Community Development wwwTUKINILAREPORTER.com s AUGUST 2013) 5 City finding locations to sell legal marijuana BY DEAN A. RADFORD DRADFORDOTUKWILAREPOUTER.COM The City of Tukwila is looking at where it Will allow the production and sale of mari- juana in the city, now that marijuana is le- gal in the state. A zoning chane that would allow for marijuana production, processing and sale in the Tukwila Valley South and Heavy In- dustrial zones has been considered by the Tukwila Planning Commission. Those two zones are roughly south of South 180th Street, west of the Green Riv- er, east of Orillia Road and north of South 204th Street. The City Council will hold a public hear- ing Aug. 26 on the -zoning -code changes that would add such uses to the city Mu- nicipal Code. The hearingis at 7 p.m. in the City Coun- cil chambers at City Hall, 6200 Southcenter Blvd. The City Council has adopted a six- month moratorium on permitting such uses until it develops the zoning and regu- lations to do so. In a separate action the council has ex- tended for a year a moratorium on permit • - ting medical marijuana collective gardens and dispensaries. The Washington State Liquor Control Board recently changed its timeline for adopting new rules. The board is expected to adopt rules on Oct. 16; the rules would go into effect on Nov 18. The board_will accept applications Nov 18 -Dec. 18. The six-month moratorium is necessary because the liquor bard is issuing licenses sooner than expected, Stacey MacGregor, an assistant city planner, wrote in a memo t to city officials. She also wrote that the impacts of the voter -approved Initiative 502 that legalized marijuana have not been fully explored. She noted a local ordinance cannot pre- empt a state law to prohibit such a use. The state's rules would prohibit marijua- na -related uses within 1,000 feet of schools and other specified public facilities. Dean A. Radford can be reached at 425-255-3484, ext. 5150 CITYF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431-3670 FAX (206) 431-3665 E-mail: tukplan@ci.tukwila.wa.us ZONING CODE AMENDMENTS INFORMATION Tukwila's Zoning Code implements its Comprehensive Plan policies. Rezoning a specific area (map change) will require a corresponding change to the Comprehensive Plan designation and the submittal of a separate Comprehensive Plan Amendment application. A text change to the Zoning Code does not necessarily require a Comprehensive Plan change. The land use designations and zoning regulations are the result of extensive discussion by residents, business owners and community groups. The community developed these policies and regulations based on consideration of existing conditions and long-term, community -wide goals. When an amendment is considered, the burden is on the proponent to demonstrate that the change is justified. An amendment may be appropriate in light of new information that affects assumptions on which the Comprehensive Plan and Zoning Code were based, unanticipated changes in community conditions or goals, or in the interest of public safety and welfare. It is important for the City to review and revise the Code as conditions and community priorities change. The relevance of the Comprehensive Plan and Zoning Code is based, in large part, on being up-to-date. The requirements and procedures are listed below. PROCEDURES: The Growth Management Act (GMA) allows a city's Comprehensive Plan to be amended no more than once each year except in an emergency or to amend the Shoreline Master Program (RCW 36.70A.130). Chapter 18.84 of the Tukwila Municipal Code (TMC) outlines a process for submittal and review of the proposed Zoning Code Amendment. Text Changes Changes to the allowed uses or development standards in the Zoning Code may be submitted at any time. They will have an initial review by the City Council. The City Council may either: 1) reject the proposal; 2) defer consideration until a later date; or 3) refer the proposal for additional review. Rezones Comprehensive Plan and Zoning Code Amendment rezone applications are due by December 31. The City Council holds a public meeting the following spring for a threshold review of proposed Comprehensive Plan and Zoning Code Amendments received prior to the December 31 deadline. The City Council may either: 1) reject the proposal; 2) defer consideration until a later date; or 3) refer the proposal for additional review. Additional review for either type of change includes environmental analysis and a hearing and recommendation by the Planning Commission. After the Planning Commission reviews an application and makes its recommendation, the proposed Comprehensive Plan and/or Zoning Code Amendment returns before the City Council for Public Hearing and final decision. W:\Forms\Applications, Land Use\2011 Applications\Zoning Code Amend-Jan2011.doc CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431-3670 FAX (206) 431-3665 E-mail: tukplan@ci.tukwila.wa.us ZONING CODE AMENDMENTS APPLICATION NAME OF PROJECT/DEVELOPMENT: Meyek C O., S'eVal\ eo, c. LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. OL - A t,J\'C- LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City, to whom all notices and reports will be sent. Name: (•c\o,,(_C C ar- Address: j tO Phone: E-mail: FAX: Signature: -itArt•-) Date: W:\Forms\Applications, Land Use\2011 Applications\Zoning Code Amend-Jan2011.doc FOR STAFF USE ONLY Permits Plus Type: P-ZCA Planner: a—aC IN --Lse j File Number: L-13-035' Application Complete (Date: ) 0 Project File Number: Application Incomplete (Date: ) Other File Numbers: E / 3 .d 7 j Z, NAME OF PROJECT/DEVELOPMENT: Meyek C O., S'eVal\ eo, c. LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. OL - A t,J\'C- LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City, to whom all notices and reports will be sent. Name: (•c\o,,(_C C ar- Address: j tO Phone: E-mail: FAX: Signature: -itArt•-) Date: W:\Forms\Applications, Land Use\2011 Applications\Zoning Code Amend-Jan2011.doc A. COMPREHENSIVE PLAN DESIGNATION: Existing: Proposed: B. ZONING DESIGNATION: Existing: Proposed: C. LAND USE(S): Existing: Proposed: (for proposed changes in land use designations or rezones) W:\Forms\Applications, Land Use\2011 Applications\Zoning Code Amend-Jan2011.doc