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ORD 15-806ORDINANCE NO. 15 -806 AN ORDINANCE of the City of Federal Way, Washington, relating to prohibiting all marijuana - related businesses including retail, production, and processing and ending a moratorium on recreational marijuana - related businesses and other activities involved in the retail, production, and processing of recreational marijuana. (Repealing Ordinance No. 15 -788) WHEREAS, in November 2012, Washington State voters approved Initiative 502 (I- 502), codified in Chapter 69.50 RCW, which "authorizes the Washington State Liquor and Cannabis Board to regulate and tax marijuana for persons twenty -one years of age and older," and license marijuana producers, processors, and retailors; 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 January 16, 2014, the Washington State Attorney General issued an opinion (AGO 2014 -2) offering the opinion that I -502 does not preempt counties, cities, and towns from banning marijuana production, processing and retail businesses within their jurisdictions, and concluding that the issuance of a license from the Liquor and Cannabis Board does not entitle licensees to locate or operate a marijuana production, processing, or retail business in violation of local rules or without necessary approval from local jurisdictions, concluding that local jurisdictions are permitted under the law to prohibit such activities; and WHEREAS, staff prepared draft code amendments regulating the siting of recreational marijuana - related businesses, including marijuana production, processing, and retail sales; and Ordinance No. 15 -806 Page 1 of 5 WHEREAS, the Planning Commission conducted a public workshop on the proposed code amendments on August 20, 2014; and WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued for the draft code amendments on September 5, 2014, and no comments or appeals were received and the DNS was finalized on October 3, 2014; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on the draft code amendments on September 17, 2014; and WHEREAS, during the public hearing, the Planning Commission discussed the proposed code amendments and identified concerns regarding the relationship of marijuana- related businesses with other permitted uses that could potentially locate near them; and WHEREAS, following discussion of the proposed code amendments, the Planning Commission voted to forward a recommendation to prohibit marijuana- related businesses in the City to the City Council; and WHEREAS, the Land Use /Transportation Committee of the Federal Way City Council considered the Planning Commission's recommendation on October 6, 2014, recommended adoption of the Planning Commission recommendation, and additionally voted to recommend that the moratorium on medical marijuana be extended; and WHEREAS, the City Council considered zoning regulations for marijuana - related businesses in the City at meetings on October 21, 2014 and February 17, 2015; 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 Ordinance No. 15 -806 Page 2 of 5 WHEREAS, on March 17, 2015, the City Council did not approve Council Bill #670, a proposed ordinance that would have zoned and regulated recreational marijuana- related businesses within the City of Federal Way, and also passed Ordinance No. 15 -787 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; and WHEREAS, on April 21, 2015 the City of Federal Way City Council passed Ordinance No. 15 -788 imposing a one -year moratorium on recreational marijuana- related businesses and other activities involved in the retail, production, and processing of recreational marijuana and also authorizing the Mayor to submit an advisory vote regarding recreational marijuana to the people on the ballot for the November 2015 general election; and WHEREAS, on April 24, 2015, the Governor signed into law Second Substitute Senate Bill No. 5052, "The Cannabis Patient Protection Act ", which aligns the medical marijuana system with the existing recreational system; and WHEREAS, Advisory Proposition No. 1 was a non - binding advisory vote that allowed residents to inform the Federal Way City Council whether they were for or against marijuana - related businesses locating within the City of Federal Way; and WHEREAS, Advisory Proposition No. 1 did not pass, with 61% voting "No "; and WHEREAS, the Council had a marijuana legislation update at their meeting on November 17, 2015; and WHEREAS, the Council considered the advisory vote results at their meeting on December 1, 2015; and WHEREAS, the Council finds that the majority of voters within the City are opposed to marijuana- related businesses locating within the city limits; and Ordinance No. 15 -806 Page 3 of 5 WHEREAS, the City Council finds that prohibiting marijuana- related businesses, including marijuana production, processing and retail sales, as a land use is in the best interest of the citizens of the City of Federal Way; and WHEREAS, the recreational marijuana - related businesses moratorium is made unnecessary by this ordinance and should be repealed. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Marijuana - related businesses, both medical and recreational, such as marijuana production, processing, or retail sales, as may be allowed by Chapter 69.50 RCW, as now existing or hereafter amended, are expressly prohibited from locating or operating in any zone within the City of Federal Way. Section 2. Ordinance No. 15 -788 is hereby repealed in its entirety. Section 3. 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 4. 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 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Ordinance No. 15 -806 Page 4 of 5 Section 6. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this 1St day of December, 2015. CITY OF FEDERAL WAY ATTEST: APPROVED AS TO FORM: TNEY, CMC FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 15 -806 11/25/2015 12/01/2015 12/04/2015 01/03/2016 15 -806 Page 5 of 5