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ORD 15-788ORDINANCE NO. 15 -788 AN ORDINANCE of the City of Federal Way, Washington, imposing a one -year moratorium on recreational marijuana- related businesses and other activities involved in the retail, production, and processing of recreational marijuana; establishing a work group to develop a work plan; setting time frame for a public hearing; and authorizing a public vote at the November general election. WHEREAS, in November 2012, Washington State voters approved Initiative 502 ( "I- 502 "), codified in Chapter 69.50 RCW, which "authorizes the Washington State Liquor Control Board to regulate and tax marijuana for persons twenty -one years of age and older," and license marijuana retailers, producers, and processors; and WHEREAS, the Washington State Liquor Control Board recreational marijuana rules do not affect local zoning and building regulations, but do place location restrictions on recreational marijuana - related businesses that will need to be monitored by the City; and WHEREAS, the Washington State Liquor Control Board allotted five (5) retail establishments within the City of Federal Way; and WHEREAS, the City does not have any land use regulations regarding recreational marijuana under I -502; and WHEREAS, I -502 allows the City to regulate recreational marijuana by enacting zoning, licensing, and/or health and safety requirements; and WHEREAS, the State Legislature is currently considering legislation involving recreational marijuana including E2SHB 2136; and WHEREAS, in order to address I -502 and potential State legislation the City anticipates the the need to amend its building, zoning, business, and public safety regulations; and Ordinance No. 15 -788 Page I of 6 WHEREAS, the City is concerned that recreational marijuana- related uses 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 medical and recreational marijuana related activities; and WHEREAS, on March 17, 2015, the City took separate action with regard to medical marijuana by establishing a one -year moratorium with Ordinance No. 15 -787; and and WHEREAS, the moratorium imposed by Ordinance No. 14 -776 expires on May 5, 2015; WHEREAS, the City desires for a new moratorium to take effect to coincide with the May 5, 2015 expiration of the moratorium imposed by Ordinance No. 14-776; and WHEREAS, the Council has determined that it is in the public interest to establish a moratorium to evaluate and, if necessary, enact regulations under I -502 and further potential State legislation; and Ordinance No. 15 -788 Page 2 of 6 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 state law, and to develop a workable set of recommendations for local land use controls for safe and effective regulation of recreational 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 WHEREAS, the desire to maintain the status quo and the potential adverse impacts on the public health, property, safety, and welfare of the City and its citizens if this Ordinance does not take effect immediately after the expiration of the moratorium imposed by Ordinance No. 14- 776, justify the declaration of an emergency and the designation of this ordinance as a public emergency ordinance necessary for the protection of the public health, public safety, public property, or the public peace by the City Council; 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 I -502, court decisions, and potential State legislation. Ordinance No. 15 -788 Page 3 of 6 (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. Section 2. Moratorium Established. No recreational marijuana- related businesses, and other activities involved in the retail, production, or processing of recreational marijuana shall be allowed within the City. The City Clerk shall not accept nor issue recreational 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 recreational marijuana and develop draft regulations regarding recreational 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 within 60 days of its adoption. Section 6. Public Vote. If the State Legislature passes E2SHB 2136 with the preemption and public vote language, and it is signed into law, the Mayor is authorized to submit a prohibition on recreational marijuana to a binding vote of the people at the general election in November 2015 as allowed in that bill; however, if E2SHB 2136 does not pass, is not signed into law, or does not include the preemption and public vote language in the final bill, the Mayor is Ordinance No. 15 -788 Page 4 of 6 authorized to submit an advisory vote regarding recreational marijuana to the people on the ballot for the general election in November 2015. Section 7. 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 8. 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 scrivener /clerical errors, references, ordinance numbering, section/subsection numbers, and any references thereto. Section 9. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 10. Effective Date. This ordinance shall take effect and be in full force on May 6, 2015. PASSED by the City Council of the City of Federal Way this 21 st day of April 2015. CITY OF FEDERAL WAY ATTEST: 4VAOW-'� &wlo-o - CIT LERK, STEPHANIE CO JNEY, CMC Ordinance No. 15 -788 Page 5 of 6 APPROVED AS TO FORM: CITY AT&O AMY JO PEARSALL FILED WITH THE CITY CLERK: 04/21/2015 PASSED BY THE CITY COUNCIL: 04/21/2015 PUBLISHED: 04/24/2015 EFFECTIVE DATE: 05/06/2015 ORDINANCE NO.: 15-788 Ordinance No. 15-788 Page 6 of 6