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Home My WebLink AboutSpecial 2025-09-08 Item 6A - Ordinance - Cannabis Use Regulations AmendmentCOUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 8/25/25 NG 9/8/25 NG ITEM INFORMATION ITEM No. 6.A. STAFF SPONSOR: NORA GIERLOFF ORIGINAL AGENDA DATE: 8/25/25 AGENDA ITEM TITLE Cannabis Zoning Regulation Update (Ordinance) CATEGORY ® Discussion Mtg Date 8/25/25 ® Motion Mtg Date 9/8/25 ❑ Resolution Mtg Date Z Ordinance Mtg Date 9/8/25 ❑ Bid Award Mtg Date Z Public Hearing Mtg Date 8/25/25 ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ® DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PfF SPONSOR'S SUILMARY The City Council requested options to potentially expand allowed zoning for cannabis retail establishments and staff has developed an ordinance reflecting PCD Committee direction. The Council is being asked to consider and approve the ordinance. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ® Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 7/14/25, 8/11/25 COMMIl'1EE CHAIR: HENDRICK RECOMMENDATIONS: SPONSOR/ADMIN. Department of Community Development COMMII IEE Unanimous Approval; Forward to 8/25/25 Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: No cost to implement, retaiIsales would generate revenue MTG. DATE RECORD OF COUNCIL ACTION 8/25/25 Consensus to forward to 9/8/25 Special Meeting as Unfinished Business MTG. DATE 8/25/25 Informational Memorandum dated 7/14/25 - amended 8/5/25 items A. Map showing current cannabis zoning and buffers in Tukwila B. Map showing 300 foot cannabis buffers C. Map showing 500 foot cannabis buffers D. Draft Ordinance - updated after 8/11 PCD Committee Meeting Minutes from the 8/11/25 PCD Committee Meeting • Map showing additional zones and 300 foot cannabis buffer - added after 8/11 PCD 9/8/25 Information Memorandum dated Draft Ordinance - Updated after 8/25/25 Committee of the Whole Meeting Updated Map 39 TO: FROM: CC: DATE: SUBJECT: City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM Tukwila City Council Laurel Humphrey, Legislative Analyst Nora Gierloff, DCD Director Mayor McLeod September 8, 2025 Cannabis Business Security and Licensing ISSUE After holding a public hearing on proposed amendments to Tukwila's cannabis regulations staff is presenting additional options. BACKGROUND Initiative 502 passed in November 2012 and created a comprehensive regulatory approach on cannabis with state -licensed producers, processors and retailers. Subsequently, the City Council adopted Ordinance 2407 to allow cannabis retailers, producers and processors in Tukwila Valley South and Heavy Industrial Zones, subject to 1,000-foot buffers. At Council request staff presented options for revising cannabis location regulations to the Planning and Community Development (PCD) Committee on July 14 and August 11, 2025. The Council held a public hearing on the draft ordinance and considered public testimony at its August 25 meeting. DISCUSSION Automated License Plate Recognition (ALPR) The cities of Auburn, Federal Way, Kent, Lynnwood, Mountlake Terrace, Des Moines, Normandy Park, Renton, and SeaTac have installed ALPR devices. It is difficult to identify how many private companies use ALPR as they are not required to disclose this information, and ALPR companies generally do not publish their private -sector clients. Staff has not identified any local cities that require businesses to use ALPR though some such as Seattle and Gig Harbor have voluntary programs for data sharing. At the August 25th hearing Council had consensus to add a requirement to the ordinance for cannabis businesses to install private ALPR devices. The following policy questions should be addressed: • ALPR cameras only cover 1 direction. Is it sufficient to cover cars entering or exiting the property or should they cover both directions? That would require two cameras for each point of entry and exit. • ALPR cameras are generally solar powered. If there is not good solar access then electricity would need to be installed for the cameras involving greater expense for the businesses. • Will the city allow ALPR systems owned by a private business to be installed on city ROW? Often city ROW provides the best angle to capture cars entering a private parking lot. • If the business is leasing a space in a strip mall or other multi -tenant property there may be challenges to installing a camera on the property. Property management or the other leases may not allow it. • Under what circumstances would businesses be required to share the ALPR data with the Police Department? • Should the City be able to waive the ALPR requirement if the business faces practical obstacles such as those discussed above? 40 INFORMATIONAL MEMO Page 2 The following edit has been made to the draft ordinance in Attachment A for Council's review: D. Safety Features. All cannabis business locations shall install protective barriers, such as bollards at entrances, and shatter -resistant film on all ground level windows. All door and window locks shall be commercial grade. All cannabis business locations shall provide security lighting per WAC 296-832- 30015 and shall install automated license plate recognition technology (ALPR) at all vehicular access points to the site. The ALPR requirement may be waived or modified by the Police Chief upon receiving documentation from the business that installation is impracticable. Number of Licenses Through the 1-502 rulemaking process, the Liquor and Cannabis Board adopted regulations on the number of cannabis retail store licenses for jurisdictions, determining a maximum of two for Tukwila. A third cannabis retail license was granted in Tukwila as part of the social equity effort per E2SHB 2870 and SB 5080. The LCB may issue additional licenses for Tukwila in the future. Should Tukwila set a maximum number of cannabis businesses allowed in the city? The following edit has been made to the draft ordinance in Attachment A for Council's review: E. License Maximums. The City shall limit the number of cannabis businesses operating within the city to one producer, one processor and three retailers. RECOMMENDATION The Council is being asked to approve the ordinance with or without the additional language at the September 8, 2025 Special Meeting. ATTACHMENTS A. Draft Ordinance B. Map showing parcels eligible for cannabis uses under the proposed ordinance 41 NOTE: Shaded text denotes changes made after the August 25, 2025 Committee of the Whole meeting. See pages 4 & 5. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, UPDATING CANNABIS USE REGULATIONS; AMENDING ORDINANCE NOS. 2741 §4 (PART) AND 2765 §87; AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) CHAPTER 18.06, "DEFINITIONS," AND TMC SECTION 18.50.210; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on November 6, 2012, Initiative 502 was passed by the voters of the State of Washington, providing a framework under which cannabis producers, processors, and retailers can become licensed by the State of Washington; and WHEREAS, the Washington State Liquor and Cannabis Board ("LCB") has issued three licenses for cannabis retailers within the City of Tukwila; and WHEREAS, cities, towns, and counties in Washington State can choose to prohibit or to designate appropriate zones for state -licensed cannabis businesses because Washington local governments have authority to enact legislation regulating land uses within their jurisdictions; further, cities, towns, and counties may file objections to the granting of a state license at a particular location, and the LCB must give "substantial weight to objections"; however, the LCB has final authority over whether to grant or deny a state license to operate a cannabis business in Washington State per RCW 69.50.331(10); and WHEREAS, the City Council has studied the land use and other secondary impacts of recreational marijuana use, and intends to update the zoning ordinance controlling these uses; and WHEREAS, the State Environmental Policy Act (SEPA) Responsible Official issued a threshold decision for this draft ordinance on July 22, 2025, which was not appealed; and WHEREAS, on August 25, 2025, following adequate public notice, the City Council held a public hearing on the draft zoning ordinance; and WHEREAS, the City Council after due consideration, believes that certain amendments to the City's zoning code are necessary addressing use districts, buffer distances, and safety features; 2025 Legislation: Title Cannabis Regulations Version: 9/3/25 Staff: N. Gierloff Page 1 of 5 42 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance Nos. 2741 §4 (part) and 2765 §87 (part), as codified at various sections of Tukwila Municipal Code (TMC) Chapter 18.06, "Definitions," is hereby amended to read as follows: 18.06.551Caunui:��lll�' "MarijuanaCanngll'ii" 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. 18.06.552 Can In ::lll NS Processor an uana"' °°° ..bis processor" means a person licensed by the state Liquor and Cannabis Board to process rijuan p°„pp°„p III, whether medical or recreational, into manjuanaeannabOs concentrates, useable manjuanacannabO'S and marijuanac°:an :all liS - infused products; package and label arijuan;;;;;"np°„pp°„p;;;;;"nllii; concentrates, useable :i°:.. and marijuana d np°ip°p;;;;;, bOi;; infused products for sale in retail outlets; and m a n J u a n a�''''''��:il'��!L:...L:...:`�''�°��.........!L�"��. sell marivana' a!L:...L:...all!SJ:i°:.. Illi and concentrates, useable man uana�I'''�;'�il''''��!L:...L:...:°�'�'�''°��...........�i�'. m a n J u a n a:i°:.. '' "��infused products at wholesale to marijuana np°pp°p;;;;; d bOi;;; retailers. �'''��!L:...L:...:`�''�°��.........!L�. 18.06.553 Canns Ns Producer "MarijuanaCannabOs producer" means a person licensed by the state Liquor and Cannabis Board to produce and sell marijuanas:an,,pna„Ibiis, whether medical or recreational, at wholesale to marijuanac :::ninglbiis processorsj na andother manuanas�nIs producers.L............��..L...... 18.06.554 Ca n n1 Ns Retailer "Marijuana ...innglbiis retailer" means a person licensed by the state Liquor and Cannabis Board to sell marijuanacanpnalbiis concentrates, useable marijuana„saininglbii,s, and marijuanacqiinpnall is infused products in a retail outlet, for either recreational or medical use. 18.06.557 ".Cams is -infused Products "Marijuana„;;A.., .p:: ptills„a-infused products" means products that contain arij a ;;;,; p°pp°p 11 ios or arij a ;;;,;d p°pp°p Il ios extracts; are intended for human use, whether medical or recreational; and have a THC concentration within the limits set forth in RCW 69.50.101. The term a nju a nil''''� -infused products" does not include either �''':.!I::�!I°:�� ...!L". useable arij JUfI':i. 8lls!IS or marijuanalrfinlbos concentrates. 18.06.558 ". Canna NS Concentrates 2025 Legislation: Title Cannabis Regulations Version: 9/3/25 Staff: N. Gierloff Page 2 of 5 43 " arijuana;'fliJI::ip°„fillii concentrates" is as defined under RCW 69.50.101. 18.06.864 Useable C::n n::n "Useable arijuana,;d'J!I::iil::iiliiiJ.11.ii.:"" means dried marijuanaLanna201 flowers. The term "useablemarijuana iil" does not includemarijuana iJil°:ip°ii b infused products. Section 2. Ordinance Nos. 2741 §4 (part) and 2765 §87 (part), as codified at TMC 18.50.210, "Marijuana Related Uses," is hereby amended to read as follows: 18.50.210 Cann a S Related Uses A. Applicable Regulations: The production, processing and retailing of J i:a°:.. IhI is and remains illegal under federal law. Nothing herein or as provided n uanail'''il'''''i.L.:.....:.. �....l.i. 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 marijuanacannabs producers, marijuanacannabs processors, and m marijuana retailers may locate in the City of Tukwila and then only pursuant to a license issued by „ .., . x. x.:, :, . , n ::,, :, ., S „ .,.:, „ the State of Washington. No �i'�..,� �...d:mu:u:�..�llu,� Ila..u,,�aa:�.,,,,�,,� aaa�..n III.. �...�..�a:�ia.,u�...i�..�i �..�,� �..� Il��.,�aaa�.., �..�o:mu..,up aiioa°.: (:p as part of a "i eIIIIIia°:: a..ua°:lii:. The purposes of these provisions is solely to acknowledge the enactment by the state Liquor and Cannabis Board of a state licensing procedure and permit,only requiredby J is°i!i°i.:ill is producers, to but to the extent state aw, n uan i , processors, and retailers to operate in designated zones of the City. B. Prohibited zones: The production, processing, selling, or delivery of arijua°:d:ma°.:u°.:millimarijuana -infused products, or useable m arijua°:d:ma°.:u°.:milli may not be conducted in aysociatiowith .:;:iness establishment, -welling unit, or home occupation located in any of the following areas: Community Residential High Density Residential Mixed Use Office Office Residential Commercial Center Neighborhood Commercial Center Regional Commercial Regional Commercial Mixed Use Tukwila r n Center Commercial/Light Industrial Light Industrial Manufacturing Industrial Center/Light Manufacturing Industrial Center/Heavy C. l irm J J° .air IIII liii nmamn m:„ . n 1i °:d m a°.: a°: m 21 II g1,1i 1.. ,, a,.i,.a m .. �..., is m II II a , II .. i a ial li n i.i aa afurl a i.i a ., a (.).1i.ua: d.. i.«..na d«..na pi.ub a k (ya II «..n ., a (.)i..0 a : d (:).r 300 II E (., i. II a (.) a a a (, a : i. a i. a (.... II a ., i.bE)III.. III h () d a ., i.«..n a : a II II bEruruo i.0 a i.h .. III (., a i E)., i. la c, a a a i.h (.)p a y. p (.)a i II a a : (.) i.h (.) b i..0 a II d a a :.. I a.,u li a'.: tc,) ial a s-(:: ) 2 ()ri a'.: a lay III:.(0)(°:a- atUi(:).a°.: °:a,a,a°:i: as c) .Il m °:iilliii: 2025 Legislation: Title Cannabis Regulations Version: 9/3/25 Staff: N. Gierloff Page 3 of 5 44 ..a.....'„.,."I"ILILL��a....;';',j�r'n uV u. .::�.......III..........ILII re ry,;,,;.....V .r niadriruoll ISIS II ()Ill II IS II1 („.xt, St t(„.). It(3 1 IS (II V („.,III :, ,. x.:, ,. , , S . I ,. , �, �, ruulr�., �IIII �...�..nII uu:�..nII� II .. II�u..u.. IIII:�.. ,�,� II�.��...d:mV.II�..�II:,� ,�Il�u�:mIIII IIII:,�V.�:mIIII ..L.u�..V�u «..n.. IIII.nu LV.. «..nV. tu:V.u«n..0 ...,u..V.«..nu:V. IIulluuu �..u: «..nIIII �.,u�..L.uu:�V II�..��..II uu:c! doorand O n d ow IIock....Ih«..nIIII bi. corn uuu(.ui..u«..nII . cd..nu:u:«..nbu.. bL.u.,uu:i..... III..eaV.IhaIIII IIovIIde se cL„,o r ty IIghillll:(1 r nd shIIII unstIIII utorn bted II license sllmte a esc ° nlitlio L.wIV IV techa o ogy IIII yelhlisull a -ssess polints to tlhe sli c. The A L., IOD IV . re d ement a be -lived or inodliflied by the IV clllisc CIlhlief upon a eseli liu ° csurneupt-tlicui from the bus liu ess thmtliu s llll lice lis liurusr-ctlic- II .licclnsc IM xiII The Cliff sll a llII II liu lit the number c1` s u u blis Ibusliuiesses op ling wlithlin the slit to cure su c user. one processor - nd three a e lillelrs. Violations. 1. 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 TMC 8.45. Each day any violation of this section occurs or continues shall constitute a separate offense. 2. Any person violating or failing to comply with the provisions of this section of the Tukwila Municipal Code shall be subject to enforcement as prescribed in TMC 8.45 and the issuance of a Notice of Violation and Order, in accordance with TMC 8.45.070, 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 Notice of Violation and Order is achieved. 3. 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. 4. 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„,j2gLIli°: mu V :-2I ayg round 2u IiVal uliux.0 :: IC' '1: 2gym- 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. Medical . :nlll:Illluu: Growth of medical marijuanamarijuananinnelhOsforthe ... personal medical use of an individual qualifying patient as defined in RCW69.51A.010 is subject to strict compliance with all state regulations, procedures and restrictions as set forth or hereafter adopted at RCW 69.51 A. 2025 Legislation: Title Cannabis Regulations Version: 9/3/25 Staff: N. Gierloff Page 4 of 5 45 - . Cooperative prohibited: The establishment, location operation, licensing, III, maintenance or continuation of a cooperative, as described in RCW 69.51, 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 (TMC 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. 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 TMC. The remedies and penalties provided herein are cumulative and shall be in addition to any other remedy provided by law. Section 3. Corrections by City Clerk or Code Reviser Authorized. 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 4. 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 5. 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 , 2025. ATTEST/AUTHENTICATED: Andy Youn-Barnett, CMC, City Clerk Thomas McLeod, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: 2025 Legislation: Title Cannabis Regulations Version: 9/3/25 Staff: N. Gierloff Page 5 of 5 46 Zones that Permit Cannabis Uses 111 RCM - Regional Commercial Mixed -Use � l lI TUC -CC - Commercial Corridor TUC-WP - Workplace HI - Heavy Industrial TVS -Tukwila Valley South Parcels Proposed to Permit Cannabis Facilities 0000000, 11.1111111111111 Fewer restrictions could allow cannabis facilities in more commercial and industrial zoning districts, if permitted. Schools, playgrounds, and public parks maintain a 1,000 ft buffer. 0 0.5 1 Miles 47