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ORD 15-787 ORDINANCE NO. 15-787 AN ORDINANCE of the City of Federal Way, Washington, imposing a one year moratorium on medical marijuana-related businesses, collective gardens, dispensaries, and other activities involved in the sale, manufacture, or distribution of medical marijuana; establishing a work group to develop a work plan; and setting a date for a public hearing. WHEREAS, the Legislature passed E2SSB 5073, effective July 22, 2011, that amended the Medical Cannabis Act, Chapter 69.51A RCW, which allows marijuana to be grown in "collective gardens" for the purpose of producing, processing, transporting and delivering marijuana for medical use subject to certain conditions; and WHEREAS, E2SSB 5073 allows the City to regulate medical marijuana by enacting zoning, licensing, and/or health and safety requirements; and WHEREAS, the City does not have any land use regulations regarding medical marijuana under E2SSB 5073; and WHEREAS, the authority of a city to regulate and ban medical marijuana collective gardens is currently pending before the Washington State Supreme Court; and WHEREAS, medical marijuana has not been fully addressed by the State Legislature and J Y Y g the City does not have clarity or guidance regarding state regulations related to medical marijuana; and WHEREAS, the State Legislature is currently considering legislation involving medical marijuana; and WHEREAS, in order to address E2SSB and potential State legislation it is anticipated that amendments will need to be made to the City's building, zoning, business, and public safety regulations; and Ordinance No. 15-787 Page 1 of 5 WHEREAS, the City is concerned that collective gardens and other medical marijuana- related activities could become established in the City that are inconsistent with or conflict with future regulatory schemes; and WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 authorize the City to adopt moratoria; and WHEREAS, on November 5, 2013 the City of Federal Way City Council passed Ordinance No. 13-749 imposing a one year moratorium on marijuana collective gardens and other activities involved in the sale, manufacturing, or distribution of marijuana to allow for time to determine how best to respond to I-502 within the City; and WHEREAS, on October 21, 2014 the City of Federal Way City Council passed Ordinance No. 14-776 renewing the moratorium imposed by Ordinance No. 13-749 for six months; and WHEREAS, the moratorium imposed by Ordinance No. 14-776 applies to both recreational and medical marijuana related activities; and WHEREAS, the City desires to separately regulate recreational and medical marijuana; and WHEREAS, the City is taking separate action with regard to recreational marijuana under Initiative 502; and WHEREAS, the moratorium imposed by Ordinance No. 14-776 expires on May 5, 2015; and WHEREAS, the City desires for a new moratorium to take effect on May 6, 2015 to coincide with the May 5, 2015 expiration of the moratorium imposed by Ordinance No.14-776; and Ordinance No. 15-787 Page 2 of 5 WHEREAS, the Council has determined that it is in the public interest to establish a moratorium to evaluate and, if necessary, enact regulations under E2SSB 5073 and potential State legislation; and WHEREAS, a work group of City staff will develop a work program to analyze potential changes to City zoning regulations that may be necessary to address changes in state law, but needs additional clarity from the State Legislature in order to develop a workable set of recommendations for local land use controls for safe and effective regulation of medical marijuana; and WHEREAS, the City will hold a public hearing on the moratorium within 60 days of its adoption; and WHEREAS, the adoption of this moratorium is exempt from the requirements of a threshold determination under the State Environmental Policy Act; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Federal Way makes the following findings of fact: (a) The foregoing whereas provisions are adopted as findings of fact. (b) The moratorium is necessary to provide the City with sufficient time to study the potential impacts of E2SSB 5073, court decisions, and potential State legislation. (c) The moratorium is necessary to preserve the status quo until the City adopts appropriate zoning, health, safety, and/or licensing regulations and to insure that the regulations comply with the State Law. Ordinance No. 15-787 Page 3 of 5 Section 2. Moratorium Established. No medical marijuana-related businesses, collective gardens, dispensaries and other activities involved in the sale, manufacture, or distribution of medical marijuana shall be allowed within the City. The City Clerk shall not accept nor issue medical marijuana related business applications or registrations for the duration of this moratorium. Section 3. Work Plan. A work group consisting of representatives from Community Development, Police, Finance, and the City Attorney's Office is hereby established to evaluate any State legislation regarding medical marijuana and develop draft regulations regarding medical marijuana related uses. This work plan allows City staff, the Planning Commission, and the City Council time to review its development regulations to determine appropriate development standards, and to move any proposed development code changes through established governmental processes. Section 4. Duration of Moratorium. This moratorium shall be in effect for one year from the effective date of this ordinance Section 5. Public Hearing. A public hearing for this moratorium will be held on April 21, 2015, at the regularly scheduled City Council Meeting. Section 6. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 7. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of Ordinance No. 15-787 Page 4 of 5 scrivener/clerical errors, references, ordinance numbering, section/subsection numbers, and any references thereto. Section 8. Effective Date. This ordinance shall be effective on May 6, 2015 after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this 17th day of March, 2015. CITY OF FEDERAL WAY , 1 ii i i 0 ■ FE' ' LL ATTEST: C C ERK, STEPHANI C C•URTNEY, CMC APPROVED AS TO FORM: ogalmete, CITY A ORNEY, AMY JO PEARSALL FILED WITH THE CITY CLERK: 03/12/2015 PASSED BY THE CITY COUNCIL: 03/17/2015 PUBLISHED: 03/20/2015 EFFECTIVE DATE: 05/06/2015 ORDINANCE NO.: 15-787 Ordinance No. 15-787 Page 5 of 5