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RESOLUTION NO. 4 7 3 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, ESTABLISHING A ONE YEAR
MORATORIUM ON THE ESTABUSHMENT, OPERATION,
LOCATION AND LICENSING OF COLLECTIVE GARDENS
IN THE CITY OF AUBURN, ESTABLISHING A WORK
PLAN, AND SETTING A DATE FOR A PUBLIC HEARING
WHEREAS, the Washington State Legislature Chapter approved Engrossed
Second Substitute Senate Bill (E2SSB) 5073, effective July 22, 2011, that allows
canabis to be grown in collective gardens; and, -
WHEREAS, E2SSB 5073 allows the City to regulate cannabis by enacting
zoning, licensing and/or health and safety requirements; and,
WHEREAS, the City of Aubum does not currently have a specific provision in its
. zoning and land use codes addressing the use of property for collective gardens; and,
WHEREAS, in conformity .with the responsibilities of the Cify of Aubum to provide
for zoning and land use regulations pursuant to state law and the City's authority to
regulate land use activity within its corporate limits, the City intends to develop
appropriate zoning and land use regulations for collective gardens; and,
WHEREAS, the City Council finds thaf the secondary impacts associated with
collective gardens could include crimes against the gardens themselves as a result of
the materials being grown on-site, increased criminal activity in areas around the
collective gardens, loss of revenue for neighboring businesses and exposure of cannabis to minors; and,
Resolution No. 4739
August 3, 2011
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WHEREAS, the City Council further finds that indiscriminate and inappropriately
placed collective gardens may result in diminution of real estate property values and
may as well result in adverse impacts to the affected neighborhoods; and,
WHEREAS, the issues involved in this subjecf are further exacerbated by the fact
that the U.S. Attomeys' Office has threaded that nofinrithstanding permissive state law,
violations of federal law may be prosecuted, even against state and local governments
that take action to permit or approve activities that violate the more restrictive federal;
law; and
WHEREAS, even aside from the conflict between state and federal law, there are
conflicts befinreen provisions in E2SSB 5073 as it was finally approved that need to be
considered, in that, for instance, Section 403 of the Bill; dealing with collective gardens,
references registry requirements established in Section 901 of the Bill, but Section 901
was vetoed by the Governor; and
V1/HEREAS, to avoid or minimize the potential negative impacts of any future use
of property for such collective gardens in the City of Auburn, it will be necessary for
there to be regulations in place to 1) properly review and assess the impacts collective
~ gardens may have on the City and the immediate neighborhood or commercial district;
and 2) determine reasonable and appropriate measures to be taken to mitigate those
identified negative impacts; and,
WHEREAS,, in order to fully consider all the options and alternatives for such
regulations and to fully investigate and review all of the factors involved in developing
appropriate regulation of collective gardens, the Cify needs time to complete such
reviews; and,
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Augusf 3, 2011
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WHEREAS, RCW 35A.63.220 and 36.70A.390 authorize cities to adopt
moratoria; and,
WHEREAS the City Council concludes that the City has the authority and that it
is necessary to establish a moratorium: concerning the establishment, location,
operation and licensing for collective gardens to act as a stopgap measure in order to:
1) to provide the City with an opportunity to study the issues conceming the siting,
operation, and licensing of such gardens and prepare appropriafe revisions to the City
codes and regulations: and 2) to protect the health safety and welfare of the citizens of
Auburn by ameliorating negative impacts of gardens; and.
WHEREAS consistent with the provisions of RCW 35A.63.220, it is appropriate
for the Gity Council to hold public hearings and to authorize the holding of public
hearings and/or other means to gather information and adopt findings of fact supporting
and justifying the moratorium and #o implement a work plan for review of the collective
garden -related issues.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
V1/ASHINGTON, HEREBY RESOLVES as follows:
Section 1. GlAoratorium Established. Pursuant to RCW 35A.63.220, a moratocium is hereby imposed prohibiting collective gardens in all zoning districts in the
Gify of Auburn.
Section 2. Terrn of Moratoriurro. The moratorium imposed by this resolution
shall become effective on the date hereof, and shall continue in effect for an initial
,
period of one year, unless repealed, extended, or modified by the City Council after.
subsequent public hearing(s) and entry of appropriate findings of fact pursuant to RCW
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August 3, 2011
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35A.63.220. Provided, that the moratorium shall automatically expire upon the effective
date of zoning and land use regulations adopted by the City Council to address siting
and regulation of collective gardens in the City of Aubum.
. Section 3. Prelirhinarv__Findinas. The. following preliminary findings of fact
are hereby adopted:
A. The recital clauses are hereby adopted as findings.
B. Th at collective gardens have the pofential for significant impacts on
neighborhoods and the community.
C. Thafi because of the potential impacts of collective gardens special care and
attention needs to be employed in developing appropriate legislation that
satisfactorily addresses the concerns of the City while also conforming to
legat requirements.
- D. It is appropriate to colleet and compile documentation information testimony
and statements of concerned citizens of the City and of other persons
interested in or familiar with the issues of collective gardens and their impacts
to fully explore ways to.protect the City and its citizens from the adverse
impacts of these gardens.
Section 4. Work Plan. The following work plan is adopted to address the
issues involving collective garden regulations:
A. T he City of Auburn Plann.ing Commission shall be authorized and directed to
. hold public works sessions, public hearings, and public meetings to fully
receive and consider statements, testimony, positions, and other
documenfation or evidence related to the issue of collective gardens.
B. T he Planning Commission and City staff are- authorized and directed to
review the experiences of other jurisdictions, the status of legal cases,
statistieaF data, information, studies and other evidence cornpiled by other
municipalities of adverse impacts of collective gardens and to reView the
regulations, ordinances; and codes adopted and implemented by other
municipalities to address collective garden land uses, and any other
information that is pertinent to collective gardens.
C. The Planning Commission shall work with City staff to develop proposals for
regulation of collective garden land uses and zoning considerations to be
forwarded in its recommendations to the City Council for inclusion in
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August 3, 2011
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ordinances and ultimate adoption as a part of the City Code of the City of
Auburn.
D. The Mayor in consultation with the Planning and Development Director, the
City Attorney, the Police Chief and other staff shall periodically advise the City
Council as to the status of hearings, meetings, and information development
regarding activities of the Planning Commission and City staff relative to
collective garden tand uses, with such reports to be scheduled approximately
every six 6 months or as appropriate throughout the period of the moratorium
and any extensions ttiereof, until adoption of a comprehensive ordinance is
developed relating to collective garden land uses.
Section 5. Public Hearinq. A public hearing shall be scheduled for 7:30 p.m.
or as soon thereafter as the matter may be heard, on the 19th day of September 2011,
in City Council Chambers, 25 West Main Street, Auburn, WA 98001, to hear and
consider the comments and testimony of those wishing to speak at such public hearing
regarding the moratorium.
Section 6. Severability. The provisions of this resolution, are declared to be
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 #his ordinance, or
fhe validity ofits application to other persons or circumstances.
Section 7. Effective date. That this Resolution shall take effect and be in full
force upon passage and signatures hereon.
Dated and Signed this ~ day of ~ , 2041.
CITY OF N
~
PETER . S~LEWIS
MAYOR
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, August 3, 2011
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ATTEST:
-
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
D iel B. ity ttomey
Published: tJ A
Resolution No. 4739
August 3, 2011
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