HomeMy WebLinkAbout6642 ORDINANCE NO. 6 6 4 2
AN ORDINANCE OF THE CITY COUNGIL OF THE CITY OF AUBURN,
WASHINGTON, AMENDING SECTIONS 5.20.250, 18A7.020,
18.09.020, 18.21.010, 18.21.020, , 18.21.030, 18.23:030, 18.29.050,
18.35.030, 18.42.020, 18.78.020, 18.04.120 OF THE AUBURN CITY
CODE, AND CREATING NEW SECTIONS 18.04.1001, , 18.04.1005,
18.04.1007, 18.04.1009, 18.04.1011, 18.04.1013, 18.04.1015,
18.04.1017, 18.04.1019, 18.04.1021, 18:04.1023, 18.04.1025,
18.04.1027, 18.04.1029, 18.76.046 AND A NEW CHAPTER 18.59 OF
THE AUBURN CITY CODE RELATING TO MARIJUANA BUSINESSES,
AND REPEALING THE MORATORIUM ESTABLISHED BY
ORDINANCE NO. 6613
WHEREAS, the voters of the State of Washington approved Initiative Measure No.
502 (I-502), in 2012, now codified within Chapters 46.04, 46.20, 46.21, 46.61 and 69.50
of the Revised Code of Washington (RC1l�, which initiative decriminalized possession
and use of certain amounts of marijuana and marijuana paraphernalia, and authorized
promulgation of regulations and issuance of licenses by the Washington State Liquor and
Cannabis Board (WSLCB) for the production, processing and retailing of marijuana; and
WHEREAS, in relevant part, I-502 legalized the possession of small amounts of
marijua.na and marijuana-related products by persons 21 of age and older, and directed
the (then) state Liquor Control Board to develop and implement rules to regulate and tax
reereational marijuana producers, processors, and retailers; and
WHEREAS, marijuana is still classified as a schedule 1 controlled substance under
federal law and crimes related to marijuana remain subject to prosecution under federal
law; and
WHEREAS, on August 29, 2013, the United States Department of Justice, Office
of the Attorney General, (DOJ) celeased updated guidance regarding marijuana
enforcement. The guidance reiterates that DOJ is eommitted to using its limited
investigative and prosecuforial resources to address the most significant threats to public
safety related to marijuana crimes in "the most effective, consistent, and rational way."
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Ordinance No. 6642
June 8, 2017
Page 1
on a case-by-case basis and weigh all information and evidence, including whether the
operation is demonstrably in compliance with a strong and effective state regulatory
system and if the conduct at issue implicates one or_more of eight stated federal
enforcement priorities. The DOJ does not appear to differentiate applicafion of its
guidance between medical cannabis and recreational marijuana; and
WHEREAS, in a joint statement dated August 29, 2013, Governor Jay Inslee and
Attorney General Bob Ferguson stated the following:
Today we received confirmation Washington's voter-approved marijuana
law will be implemented. We received good news this morning when
Attorney General Eric Holder told the governor the federal government
would not pre-empt Washington and Colorado as the states implement a
highly regulated legalized market for marijuana. Attorney General Holder
made it clear the federal government will eontinue to enforce the federal
Controlled Substance Act by focusing its enforcement on eight specific
concerns, concerns, including the prevention of distribution to minors and
the importance of keeping Washington-grown marijuana within our State's
borders. We share those concerns and are confident our state initiative will
be implemented as planned. We want to thank the Attorney General for
working with the states on this and for finding a way that allows our initiative
to move forward while maintaining a commitment to fighting illegal drugs.
This reflects a balanced approach by the federal government that respects
the states' interests in implementing these laws and recognizes the federal
governmenYs role in fighting illegal drugs and criminal acfivity.
WHEREAS, on September 16, 2013, the Aubum City Council adopted Resolution
No. 4992 establishing a one (1) year moratorium prohibiting the City from receiving and/
or processing any applications for any marijuana/cannabis related business in any and all
zoning distriets in the City of Auburn; and
WHEREAS, on October 16, 2013, the WSLCB adopted rules for applying for,
obtaining, and maintaining licenses for the production, processing, and retailing of
recreational marijuana. Under these rules, applicants will be required to identify a
business location with their application submittals; and
WHEREAS, on September 2, 2014, the Auburn Gity Council passed Ordinance
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Ordinance No. 6642
June 8; 2017
Page 2
No. 6525 amending certain Sections of the Aubum City Code relating to the enforeement
of state regulations regarding the production, processing, and/or retail outlets and sales
of marijuana and terminating the moratorium implemented pursuant to Resolution No.
4992 passed on September 16, 2013; and
WHEREAS, Second Engrossed Second Substitute House Bill 2136 (2E2SHB
2136)(approved on June 30, 2015); and Second Substitute Senate Bill 5052 (2SS6 5052)
(approved on April 24, 2015 [with partial veto]), revised state requirements for state
marijuana regulations, including marijuana processors, producers, retailers, and
cooperatives; and
WHEREAS, the WSLCB notified the City of Aubum on September 23, 2015, that
pursuant to SB 5052 it would not limit the number of marijuana retailers licensed within
the City of Aubum to only those allocated per I- 502; and
WHEREAS, the City of Auburn adopted a moratorium, through Resolution No.
5194, prohibiting any new marijuana retailers not already in operation on January 4, 2016;
and
WHEREAS, in a public hearing on February 16, 2016, and in comments to City
elected officials, including social media posts, Auburn residents voiced concern for any
marijuana retailers in excess of the initial finro (2) originally approved by 1- 502; and
WHEREAS, the WSLCB notified the City of Auburn on March 8, 2016, that it would
increase the number of marijuana retailers licensed within the City of Auburn to the two
(2) authorized by I- 502 and identified as the Stash Box and Evergreen Market, and an
additional two (2) Priority 1 applicants for licenses under SB 5052; and
WHEREAS, the WSLCB has since indicated that the number of SB 5052 retail
licenses within the City of Aubum may be increased in the future; and
WHEREAS, WSLCB then notified the City of Auburn on March 8, 2016, thafi
marijuana retailers, including the Evergreen Market, that were licensed using the 1-502
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Orclinance No. 6642
June 8, 2017
Page 3
lottery are not allowed to move out of the jurisdictions where they are Iicensed; and
WHEREAS, based upon — and in relianee on — that information, the City of
Aubum amended its moratorium, through its Resolution No. 5215, so as to authorize the
operation of [only] the two (2) marijuana retailers initially provided for by I-502; and
WHEREAS, other cities in Washington, such as Everett, Renton and Vancouver,
have adopted restrictions on the number of licensed retailers to conform to initial 1-502
approved caps; and
WHEREAS, the W$LCB continued to process and issue licenses to marijuana
retailers intended to operate wifihin the City of Auburn pursuant to SB 5052 despite the
transmittal of Resolution No. 5215 to the WSLCB; and
WHEREAS, because of WSLCB's continued processing and issuing of licenses
for retail marijuana businesses, and because new retail marijuana businesses continued
to engage in activities contrary to the City's moratoria, and in response to the inconsistent,
conflicting, and uncooperative positions of the WSLCB, the City of Auburn adopted its
Ordinance No. 6595 on April 4, 2016, which prohibited a11 marijuana related activities
within the City of Auburn; and
WHEREAS, the City Council approved Ordinance No. 6613 on August 15, 2016,
which Ordinance indicated (consistent with a report by the Northwest High Intensity Drug
Trafficking Area, a division of the Office of National Drug Control Policy) the need to
protect public health, safety and welfare by minimizing societal effects and impacts of
marijuana, such as a 122% increase in fatality motor vehicle accidents involving the use
of marijuana between 2010 and 2014 and a 312% increase in contacts to the Washington
Poison Center for intoxication calls pertaining to youth consumption of marijuana, and
other increases on demands for public services such as fire and police presence; and
WHEREAS, Ordinance No. 6613 also indieated that the City desired to provide
greater clarity as to permitted and prohibited marijuana retailers within the City of Auburn, '
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Ordinance No. 6642
June 8, 2017
Page 4
avoid onerous enforcement proceedings, improve voluntary compliance with local laws
pertaining to marijuana activities, facilitate improved cooperation with the WSLCB, and
protect the public health, safety and welfare while remaining cognizant of the approval of
I-502 by voters within the City of Auburn; and
WHEREAS, Ordinance No. 6613 further noted that the Auburn City Code did not
currently have specific provisions addressing a number of statutorily permitted marijuana
provisions and/or uses; and ''
WHEREAS, Ordinance No. 6613 noted that the provisions for marijuana
cooperatives, marijuana researchers and marijuana transporters contained within SB
5052 went into effect July of 2016, and that marijuana cooperatives, marijuana
researchers and marijuana transporters are not explicitly addressed by current code
provisions; and
WHEREAS, Ordinance No. 6613 also indicated that the impacts and effects of
marijuana cooperatives, marijuana researchers and marijuana transporters on Auburn
and the Auburn comrnunity are unknown and deserving of study and review; and
WHEREAS, Ordinance No. 6613 further indieated that the inclusion of the
prohibition of marijuana cooperatives, marijuana researchers and marijuana transporters
in the Cify's business licensing requirements, pending review and potential amendment
of the City Code, would provide greater safety, clarity, eonsistency, predictability and
uniformity that will benefit Aubum businesses and residents; and
WHEREAS, Ordinance No. 6613 stated that it would be advantageousfor the City
of Auburn to have a thorough review made of the impacts and effects of marijuana
cooperatives, marijuana researchers and marijuana transporters; and
WHEREAS, Ordinance No. 6613 also stated that Sections 35A.63.220 and
36.70A.390 of the Revised Code of Washington (RCW) authorize the City Couneil to
adopt an immediate moratorium for a period of up to twelve(12) months if a public hearing
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Ordinance No. 6642
June 8, 2017
Page 5
on the proposal is held within at least sixty (60) days of its adoption and a work plan is
developed for related studies providing for the moratorium period; and
VVHEREAS, Ordinance No. 6613 further stated that the City Council desired to
impose a moratorium for an initial term of twelve (12) months on the acceptance and/or
processing of any permit or applieations, for or related to any marijuana related activities,
including, but not limited to, licensing, permitting, siting, making structural or building
improvements� or operating any new marijuana aetivities; and any other marijuana u5es
or aetivities tha.t are not expressly proyided by the City Code regulations addressed
herein; and
WHEREAS, Ordinance No; 6613 also stated that the City Council anticipated that
it could develop and adopt appropriate controls for marijuana retail facilities prior to the
expiration of the moratorium enacted hereby; and
WHEREAS, Ordinance No. 6613 identified the City Council's position that it would
be advantageous for the City of Auburn to have a thorough review made of the
alternatives and options available to it for regulation of marijuana related uses and
activities; and
WHEREAS, Ordinance No. 6613 also identified the Council's position that in the
event permanent regulations are adopted prior to the expiration of the finrelve (12) month
moratorium established by the Ordinance, Ordinance No. 6613 could be repealed,
terminating the moratorium; and
WHEREAS, on January 14, 2014, the Washington State Attorney General's Office
issued its opinion(AGO No. 2014)that 1-502 does not preempt counties, cities, and towns
from banning recreational marijuana within their jurisdictions and that local ordinances
that do not expressly ban state licensed marijuana licensees from operating within the
jurisdiction but make such operation impractical are valid if they properly exercise the
local jurisdiction's police power; and
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Ordinance No. 6642 I
June 8, 2017 I
Page 6
WHEREAS, several state courts have issued decisions that approve and affirm the
Attorney General's opinion that cities have the authority tq regulate marijuana uses; and
WHEREAS, on May 20, 2015, the King County Superior Court issued its decision
in Greensun Group LLC v. City of Bellevue, No. 14-2-29863-3 SEA, which decision is
incorporated herein as if set forth in full. The court determined, inter alia, that "the City of
Bellevue has the authority to regulate the location and density of marijuana retail outlets
within its boundaries, including fhrough the adoption and enforcement`' of a requirement
that a retail marijuana outlet cannot be located within 1,000 feet of another retail marijuana
outlet; and that "the City has the authority to develop and apply processes for enforcing"
a 1,000 foot separation requirement, including through use of a first-in-time determination
based on the date and time of issuance of the state liquor control board license or
conditional license, whichever is issued first; and
WHEREAS, with the pasSage of 2SSB 5052 and 2E2SHB 2136, and consistent
with court decisions the City has the authority to regulate the location and density of
marijuana production, processing, distribution, and retail sales within its boundaries; and
WHEREAS, the establishment and/or licensing of marijuana uses may allow new
uses that are incompatible with nearby existing land uses and lead to erosion of �
eommunity character and harmony; and
WHEREAS, the presenee of large amounts of cash and/or marijuana makes retail
outlets and other marijuana facilities a potential target of violent crime, including robberies
and burglaries, thereby placing area residents, business owners, and others in danger of
bodily harm, and increasing police enforcement risks and costs; and
WHEREAS, there may be other harmful secondary effects to public health, safety,
morals, and welfare as a result of marijuana production, processing, distribution, and retail
sales, which effects include but are not limited to loitering, odors, crime, and other
behaviors that may be inconsistent with the character of the surrounding neighborhood;
and
Ordinance No. 6642
June 8, 2017
Page 7
WHEREAS, it is critical to the public safety and economic vitality ofi the City to
ensure the impacts of business obtaining a license from the WSLGB to produce, process,
or sell marijuana are minimized; and
WHEREAS, the City Council deems it to be in the public interest to establish
permanent regulations regarding where marijuana producers, processors, and retail uses
may be located in the City of Aubum; and
WHEREAS, the City has a compelling interest in the proteetion of the health and
safety of all its residents, as well as a compelling interest in ensuring that the goals and
policies contained within the Comprehensive Plan and other policy/planning documents
are fulfilled; and
WHEREAS, ACC 14.03.060, Legislative Non-Project Decisions, specifies that
legislative non-project decisions made by the city council under its authority to establish
policies and regulations are not classified as a "type" of project permit decision and that
legislative non-project decisions inelude, but are not limited to amendments to the text
and map of the comprehensive plan or development regulations; and
V1/HEREAS, the Planning Commission held work sessions on February 22, 2017,
March 21, 2017, and May 2, 2017 and conducted a properly noticed public hearing (s)on
June 6, 2017 for the proposed amendments to Title 18 (Zoning) and Title 5 (Business
Licenses) of the Auburn City Code contained herein; and
WHEREAS, on June 6, 2017 the Planning Commission deliberated, made
amendments, and voted to recommend adoption of Ordinance 6642 to the Auburn City
Council; and
WHEREAS, the City Council finds that the proposed amendments were processed
in accordance with applicable standards of Chapter 18.68, Amendments, of the Auburn
City Code and are consistent with the Comprehensive Plan, enhance the public health,
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Ordinance No. 6642
June 8, 2017
Page 8
safety, and welfare, and are not contrary to the best interest of the residents, citizens,
property owners and businesses of the City of Auburn; and
WHEREAS, the City of Auburn has complied with the State Environmental Policy
Act (SEPA), Chapter 43.21 C RCW, and the City's Environmental Review Procedures,
Ghapter 16.06 ACC through issuance of a Determination of Non-Signi�cance on May 12,
2017.
NOW, THEREFORE, THE CITY GOUNCIL OF THE GTY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Recitals Adopted. That the City Council hereby adopts the recitals
contained in this Ordinance as Findings of Facts and Conclusions, as appropriate given
the context of each recital and incorporates said recitals herein by this reference.
Section 2. Repeal of Moratorium. That the moratorium specified in
Sections 9 of Ordinance No. 6613 is automatically expired on the effecfive date of this
Ordinance consistent with the applicable provision of Section 10 of Ordinance No. 6613
that specifies that the moratorium shall automatically expire upon the effective dafe of
zoning and land use regulations adopted by the City Council to address the
implementation of the State's licensing of any marijuana/cannabis related business to be
located in the City of Auburn.
Section 3. Amendment to City Code. That Section 5.20.020 ofithe Auburn City
Code be and the same hereby is arimended to read as follows:
5.20:250 Marijuana related activities.
A. Definitions.
�• "Marijuana cooperative" means up to four qualifying patients, as defined by
RGW 69.51 A.010(19), who share responsibility for acquiring and supplying the resources
needed fo produce and process marijuana, including tetrahydrocannabinols or
cannabimimetic agents, only for the medical use of inembers of the cooperative and not
for proft.
,
,
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Ordinance No. 6642
June 8, 2017
Page 9
2. "Marijuana related business" means a person or entity engaged in for-profit
activity that includes the possession, cultivation, production, processing, distribution,
dispensafion, or sale of tetrahydrocanna6inols or cannabimimetic agents, as defined by
the Controlled Substances Act, codified at 21 USC Section 812, including marijuana
retailers, marijuana processors, and marijuana producers, as defined herein.
a. "Marijuana processor'' means any person or entity licensed by the
Washington State Liquor and Cannabis Board to process, package, and label marijuana
concentrates, including tetrahydrocannabinols or cannabimimetic agents, in accordance
with the provisions of Ghapters 65.50 and 69.51A RCW and Chapter 314-55 WAC.
b. "Marijuana producer" means any person or entity lieensed by the
Washington State Liquor and Cannabis Board to produce marijuana, ineluding
tetrahydrocannabinols or cannabimimetic agents, for wholesale to marijuana processors
and other marijuana producers pursuant to RCW 69.50.325.
c. "Marijuana retailer" means any person or entity established for the purpose
of making marijuana concentrafes, usable marijuana and marijuana-infused products,
including tetrahydrocannabinols or cannabimimetie agents, available for sale to adults
aged 21. and over.
d. "Marijuana researaher" is a position licensed by the Washington State
Liquor and Cannabis Board that pei-mits a licensee to produce; proeess, and possess
marijuana for the limited research purposes set forth in RCW 69.50.372. ^��wc��
,
,
e. "Marijuana transporter" is a position licensed by the Washington State
Liquor and Cannabis Board pursuant to WAC 314-55-310 that allows a licensee to
physically transport or deliver marijuana, marijuana concentrates, and marijuana-infused
products between licensed marijuana businesses within Washington State. ^* ���c+ ��^+;�
,
,
B. L'icense Application — Qualification — Requirements to Apply. In addition to
the information required to be included with an application form pursuant to
ACC 5.10.040(A), an applieation for a license for a marijuana related business shall also
include: —
1. License. Each application for a marijuana related business shall be
accompanied by a current, valid license to operate "
�s��c�,Tissued by the Washington State Liquor and Cannabis Board, ,
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Ordinance No. 6642
June 8, 2017
Page 10
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2. Security Requirements. Each application for a marijuana related business
shall be accompanied by documentation of compliance with the security requirements of
WAC 314-55-083(2) and (3).
3. Fi.ngerprints. Each application for a marijuana related business shall be
accompanied by a complete set of fingerprints of all managers and owners of the
business, utilizing fingerprint forms as prescribed by fhe chief of police.
4. Crime Prevention Throuqh Environmental Desiqn (CPTED) Review. Each
application for a mariivana related business shall be required to compiete a CPTED
review bv the Auburn Police Deqartment and to implement anv CPTED measure directed.
Each_applicant shall be required to provide certification of CPTED completion as well as
evidence of compliance with reauired CPTED measures.
5. Compliance with Zoninq Code. Each application for a mariivana related
business shall be required to provide certification that the proposed location complies with
all applicable provisions of ACC 18.59.030 and 18.59.110. In the event that certification
of compliance with the provisions of ACC 18.59.030 reauires investiqation of existinq land
uses within an adioininq municipalitv, the applieant shall provide documentation from the
relevant municipalitv that the proposed location meets the requirements of ACC
18.59.030.
6. Release of Liabilitv and Hold Harmless. Each application for a mariivana related
business shall be reauired to provide an executed release in a form approved bv the
Auburn Citv Attornev's Office to the Citv of Auburn, for itself, its aqents officers elected
officials and employees from anv iniuries, damaqes, or liabilities of anv kind that result
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Ordinance No. 6642
June 8, 2017
Page 11
from anv arrest or prosecution or seizure of propertv or liabilities of anv kind that result
from an arrest or rosecution for violations of federal or state law relatin to o eration or
sitina of a mariivana related use and business Additionallv within the release document
the permittee of a mariivana use shall indemnifv and hold harmless the Citv of Auburn
and its a ents officers elected officials and em lo ees from an claims dama es or
in'uries brou ht b ad'acent ro ert owners or other third arties due to o erations at
the mari�uana use and for an claims brou ht b an of the mari�uana use's members
emplovees aaents auests, or invitees for problems iniuries damaaes or liabihtv of anv
kind that may arise out of the operation of the mari�uana use
C. License Regulations.
�• Access by City Officials. All city officials shall have free access to marijuana
related businesses licensed under the provisions of this chapter for the purposes of
inspecting and enforcing compliance with the provisions of this chapterLmcludinq periodic
CPTED review and com liance with re uired CPTED measures as directed b fhe
Auburn Police Department.
2. Entry Prohibitions for Certain Persons. It is unlawful for the owner,
proprietor, manager, or person in charge of any marijuana related business licensed
under the provisions of this chapter, or for any employee of said place, to allow entry or
admission to any person under the age of 21 years of age, any lewd or dissolute person,
any drunken or boisterous person, or any person under the influence of any intoxicant.
3. Law Enforcement Officers Entry Right. It is unlawful for the owner,
proprietor, manager or person in charge of any marijuana related business licensed under
the provisions of this chapter to refuse admission to any peace officer of the city or of the
state, or any officer of the United States government charged with the duty of enforcing
the police laws of the United States. Said officers shall have free access at all times to
any marijuana related businesses licensed under the provisions of this chapter.
4• Operation Regulations. All marijuana, including tetrahydrocannabinols or
cannabimimetic agents, equipment and all cultivation, processing, production, storage or
sales shall be conducted entirely inside buildings. Any perimeter fencing intended for
security purposes shall meet the requirements of fhe city of Auburn and of the state of
Washington applicable thereto.
5. State Statute Compliance. All marijuana related businesses licensed under
the provisions of this chapter shall also comply with Chapters 69.50 and 69.51A RCW,
and Chapter 314-55 WAC, as applicable. (Ord. 6613 § 3, 2016.)
Section 4. Amendment to City Code. That Section 18.07.020 of the Aubum
City Code be and the same hereby is amended to read as follows::
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Ordinance No. 6642
June 8, 2017
Page 12
Table 18.07.020
Permitted Use Table—Residential Zoning Designations
P=Permitted A=Administrative G=Conditional Use X= Not Pe�mitted
Land Uses Zoning Designations
RC R-1 R-5 R-7 R-10 R-16 R-20
A. Residential Uses.
Accessory dwelling units P P P F X� X� X�
Accessory use, residential P P P P P P P
Adult family home P P P P P P P
Bed and breakfast P P P P P P P
Gommunal �esidence four or less individuals P p p p p P P
-
Duplexes; provided, fhat minimum lot size of
zoning designation is met and su.bject to
c.ompliance with Chapter 18.25 ACC(Infill X X A P P p X
Residential Development Standards)
Foster care homes P P P P P P P
Group residence facilities(7 or more X X X X C C C
�esidents)
Group residence facilities(6 or fewer p p P P P p p
residents)
Keeping of anima.ls4 Pz PZ P2 P= PZ PZ PZ
---
Multiple-family dwellings X X X X A P P
N.e.ighborhood recreational buildings and
facilities owned and managed by the AB AB A6 A6 AB P P I
neighborhood homeowners' association
Use as dwelling un.its of(1)recreational
vehicles that are not part of an approved
recreational vefiicle park, (2)boats, (3) X X X X X X X
automobiles, and (4)other vehicles
Renting of rooms, for lodging purposes on.ly,
to accommodate not more than two persons P P P P P P p
in addifion to the family or owner occupied
unite
Residential care facilities including but not
limited fo assisted living facilities, p P X X A P
convalescent homes, continuing care P
retirement facilities
Ordinance No: 6642
June 8, 2017
Page 13
Table 18.07.020
Permitted Use Table—Residential Zoning Designations
P= Permitted A=Administrative C=Conditional Use X= Not Permitted
Land Uses Zoning Designations
RC R-1 R-5 R-7 R-10 R-16 R-20
Single-family detached dwellings, new P P P P P P X
Supportive housing, subject to the provisions X X X X X P P
of ACC 18.31.160
Swimming pools, tennis courts and similar
outdoor recreation uses only accessory to P P P P P P P
residential or park uses
Townhouses(attached) X X X X P P P
B. Commercial Uses.
Commercial horse riding and bridle trails A X X X X X X
Commereial retail, included as part of mixed-
use development and not a home occupation X X X X A A A
ih compliance with Chapter 18.60 ACC
Daycare, limited to a mini daycare center:
Daycare center, preschool or nursery school X A A A A A A
may also be permitted but must be located
on an arterial
Home-based daycare as regulated by RCW
35.63.185 and through receipt of approved P P P P P P P
city business license
Home occupations subject to compliance P P P P P P P
with Chapter 18.60 ACC
IMariivana cooperative X X X X X X X
IMariivana processor X X X X X X X
IMariivana producer X X X X X X X
IMariivana related businesses X X X X X X X
IMariivana researcher X X X X X X X
IMariivana retailer X X X X X X X
IMariivana transporter business X X X X X X X
Mixed-use development3 X X X X P P P '�
Ordinance No. 6642
June 8, 2017
Page 14
Table 18.07.020
PermittecJ Use Table—Residential Zoning Designations
P=Permitted A=Administrative C=Conditional Use X= Not Permitted
Land Uses Zoning Designations
RC R-1 R-5 R-7 R-10 R-16 R-20
Nursing homes X X X X C C C
Private country clubs and golf course.s, X X C C C X X
excluding driving ranges
Privately owned and operated parks and
playgrounds and not homeowners' X A A A A P P
association-owned recreational area
Professional offices, included as part of
mixed-use development and not a home X X X X A A A
occupation in compliance with Chapter 18.60
ACC
C.Resource Uses.
Agricultural enterprise:�
When 50 percent, or more, of the total site
area is dedicated to active agricultural
production during the growing season, and A� X X X X X X
with 52 or less special events per calenda�
year
When less than 50 percent of the total site
area is dedicated to active agricultural
production during the growing season, or with C� X X X X X X
more than 52 special events per calendar
year
Agricultural type uses are permitted provided
they are incidental and secondary to the
single-family use:
Agricultura.l crops and open field growing
(commercial) P X X X X X X
Bams, silos and related structures P X X X X X X
Commercial g�eenhouses P X X X X X X
Pasturing and grazing^ P X X X X X X
Public and private stables^ P X X X X X X
Roadside stands,for the sale of agricultural
products raised on the premises. The stand P X X X X X X
Ordinance No. 6642
June 8, 2017
Page 15
Table 18.07.020
Permitted Use Table—Residential Zoning Designations
P= Perm.itted A=Administrative C=Conditional Use X= Not Permitted
L.and Uses Zoning Designations
RC R-1 R-5 R-7 R-10 R-16 R-20
cannot exceed 300 square feet in area and
must meet the applicable setback
requirements
Fish hatcheries C X X X X X X
D. Government, Institutional, and Utility Uses.
Civic, social and fratemal clubs X X X X A A A
Government facilities A A A A A A A
Hospitals(except animal hospitals) X X X X X C G �
Municipal parks and playgrounds A P P P P p p
Museums X X X X A q q
Religious institutions, less than one acre lot A A A A A A A
size
Religious institutions, one acre or larger lot C C C C C C C
size
Transmitting towers C C C G C C C
Type 1-D wireless communication facility p P P P P P P
(see ACC 18.04.912(J))
Utility facilities and substations C5 CS CS C5 CS CS CS
1. An accessory dwelling unit may be permitted with an existing single-family residence pursuant to ACC
18.31.120.
2. Please see the supplemental developmenf standards foranimals in ACC 18.31.220.
3. Individual uses that make up a mixed-use development must be permitted within the zone. If a use
making up part of a mixed-use development requires an administrative or conditional use permit, the
individual use must apply for and receive the adminisfrative or conditional use approval, as applicable.
4. Proximity of pasture or livestock roaming area to wells, surface waters, and aquifer recharge zones is
regulated by the King or Pierce County board of health, and property owners shall comply with the
provisions of the King County board of health code.
5. Excludes all public and private utility facilities addressed under ACC 18.02.040(E).
6.Administrative use permit not required when approved as part of a subdivision or binding site plan.
7.Agricultural enterprise uses are subject to supplemental development standards under ACC 18.31,210,
Agricultural enterprises development standards.
Ordinance No. 6642
June 8, 2017
Page 16
8. An owner occupant that rents to more than two persons but no more than four persons is required fo
obtain a city of Au.burn rental housing business license and shall meet the standards of the International
Property Maintenance Code.
(Ord. 6600§9, 2016; Ord. 6565§2, 2015; Ord.6560§9, 2015;Ord. 6477§ 8, 2013; Ord. 6369§ 2,2011;
Ord. 6363§ 3, 2011; Ord. 6269§ 3, 2009; Ord..6245§ 5, 2009.)
Section 5. Amendment to City Code. That Sec#ion 18.09.020 of the
Auburn City Code is hereby amended as follows:
18:09:020 Uses.
Permitted Use Table—Residential Zoning Designations
Land Use R-MHC Zone
A ManufacturedlMobile home commu:nity p
B Residential accessory use p
C Manufactured/Mobile home community aecessory use P
D Keeping of not more than six household pefs,This limit shall not apply to P
birds,fish, or suckling young of pets.
E Home-based daycare p
F Daycare limited to a mini daycare center, daycare center, or A
preschool/nursery school
G Mariivana cooperative X
H Mariivana processor X
I Mariivana producer X
J Mariivana related businesses X
K Mariivana researcher X
L Marijuana retailer X
M Mariivana transporter business X
P=Permitted Use
A=Use may be permitted in district when an administrative use permit has been issued pursuant to
the provisions of Chapter 18.64 ACC.
C = Use may be permitted in district when a conditional use permit has been issued pursuant to the
provisions of Chapter 18.64 ACC.
X=Prohibited
Also see ACC 18.02.120 for further rules on interpretation.(Ord.6269§4,2009;Ord.6245§6,
2009.)
Section 6. Amendment to City Code. That Section 18.21.010 of the Auburn
City Code be and the same hereby is amended to read as follows:
18.21.010 Lea Hill overlay.
A. Purpose. The purpose of this section is to provide for additional
development standards to address the area commonly referred to as the Lea Hill
annexation area, as annexed under city of Auburn Ordinanee Nos. 5346 and 6121, and
identified on the city of Auburn comprehensive zoning map. While the intent is that the
development standards for zones in the Lea Hill annexation area will be similar to (if not
----------------------
Ordinance No. 6642
June 8, 2017
Page 17
the same as) corresponding zones in other areas of the city, some variations are needed
to recognize previous development allowed by King County zoning. Unless otherwise
provided for in this section, all other provisions and requirements of this title shall apply
to properties within the Lea Hill overlay.
B. Development $tandards — Lots Previously Approved.
1. For any residential lot thafi had received final plat approval, final short plat
approval, or preliminary plat approval or that King County had received and determined
the application complete for a preliminary plat or short plat, prior to the effective date of
annexation into the city of Auburn, the development standards in the following table shall
apply. The property owner/applicant shall be responsible to provide to the city evidence
of these previous approvals.
2. Any further subdivision of any lot and its subsequent use must conform to
the permitted uses and standards referenced in the applicable zoning chapters of this
title, except as modified by this section. For farm animals, subsection E of this section or
subsection 18.31.210 shall apply.
Min Min Setbacks" Building Height
Lot Area Min Lot Max Lot
Zone Area Width Coverage Front Rear Side, Side, I�
�S4• �S4' (Ft.) (%) Interior Street Main Accesso Ft.)
Ft.) Unit)er (Ft.) (Ft.) �Ft.) (Ft.) �Ft.) rY�
R-1 8,000 N/A 35 35 20 5 5 10 35 35
R-5__ 2,500 N/A 30 35 10 5 5 10 35 16
R-7 2,500 6,000 30 35 10 5 5 10 35 16
R-10 2,500 4,300 30 40 10 5 5 10 35 35
R-16 2,500 2,700 30 55 10 5 5 10 35 35
R-20 2,500 2,175 30 55 10 5 5 10 35 35
*Garages and other similar structures with a vehicular access require a 20-foot setback from any street:.
C. Prior King County Approvals. The city of Auburn will recognize the terms of
any King County-approved plat, PUD, conditional use permit, contract rezone or similar
contractual obligations that may have been approved prior to the effective date of the
annexation of the subject property: The conditions of any project that was approved by
King County shall be requirecl to be fulfilled in the city of Auburn.
D. Flanning Director Authorization. The planning director shall be authorize.d
to interpret the language of any King County permit, plat or condition thereof and
effectuate the implementation of same to the fullest extent possible. If there is a confliet
between a previous King County approval and the Auburn regulation then the most
restrietive provision shall apply as determined by the planning director.
E. Farm Animals.
1. For properties greater than an acre in the R-1, R-5 and R-7 zones, it is
permissible to keep farm animals (excluding goats and swine in the R-5 and R-7 zones);
provided, there shall not be more than one horse, cow, donkey or other similar large
animal, or four small animals such as sheep, or 12 poultry, rabbits, or similar size animals
Ordinance No. 6642
June 8, 2017
Page 18
per each acre of enclosed usable pasture or roaming area. This acreage requirement is
in addition to the minimum lot size requirements of the zone. Property owners of more
than an acre in the Lea Hill Overlay may choose to apply these standards or the standards
in subsection 1$.31.210.
2. Shelters provided for farm animals shall be constructed no closer than 50
feet from any adjoining lot and shall be 100 feet from any public street or alley. Any corral,
exercise yard, or arena shall maintain a distance of 35 feet from any property line. This
excludes pasture area.
3. For those properties that do not meet the requirements of subsection (E)(1)
of this section, and farm animals were present prior to annexation, the farm animals may
remain as legal nonconforming uses. In such case the number of farm animals allowed
may be the same as what the county zoning provisions had allowed prior to the effective
da#e of the annexation of the subject property.
F. Lot Averaging — R-1 Zone. It may be possible to subdivide land in the R-1
zone into lots smaller than 35,000 square feet if the property has a significant amount of
non-buildable land due to steep slopes, wetlands or similar features that would be in the
public's best interest to maintain. The following regulations shall apply in situations where
lot averaging is permitted or required:
1. At least 50 percent of the subdivision must be set aside as open space.
Critical areas(i.e., steep slopes, wetlands)can count towards the 50 percent requirement.
Maintenance of the open space tract or easement shall be the responsibility of the
property owner and/or a homeowners' association.
2. The number of allowable lots in a subdivision shall be determined by
multiplying the total number of acres in the subdivision by one. Any fraction shall be
rounded to the nearest whole number with one-half being rounded up.
3. The minimum size of any lot shall be 8,000 square feet. For lots less than
35,000 square feet, the minimum lot width shall be consistent with the requirements of
the R-5 zone (Chapter 18.07 ACC). All other applicable development standards related
to the R-1 zone wi.11 continue to apply.
4. Lots within the subdivision shall be clustered so as to provide for eontinuity
of open space within the subdivision and, where possible, with adjoining pareels.
5. Each lot within a subdivision shall illustrate a building area within which the
house, accessory structures, and parking areas shall be constructed. The building area
shall be exclusive of setbacks, non-buildable areas or any required buffers from the non-
buildable areas. Any preliminary plat, fina.l plat or short plat shall illustrate the building
area for each lot. Any future construction will be limited to the identified building area.
6. A native growth protection easement or similar device, which may inelude
provisions for the limited removal of vegetation and passive use of the easement, that
perpetually protects the non-buildable areas must be recorded with the final plat or short
plat.
I G. All mariivana related businesses and mariivana cooperatives are prohibited
land uses within the Lea Hill overla (Ord. 6369 § 3, 2011; Ord. 6245 § 13, 2009.)
Section 7. Amendment to City Code. That Section 18.21.020 of the Auburn
City Code be and the same hereby is amended to read as follows:
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Ordinance No. 6642
June 8, 2017
Page 19
18.21.020 West Hill overlay.
A. Purpose. The purpose of this section is to provide for additional
development standards to address the area commonly referred to as the West Hill
annexation area, as annexed under city of Auburn Ordinance No. 6122 and identified on
the city of Auburn comprehensive zoning map. While the intent is that the development
standards for zones in the West Hill annexation area will be similar to (if not the same as)
corresponding zones in other areas of the city, some variations are needed to reeognize
previous development allowed by King County zoning. Unless otherwise provided for in
this section, all other provisions and requirements of this title shall apply to properties
within the West Hill overlay.
B. Development Standards— Lots Previously Approved.
1. For any residential lot that had received final plat approval, final short plat
approval, preliminary plat approval or that King County had received and determined the
application complete for a preliminary plat or short plat, prior to the effective date of
annexation, the deVelopment standards in the fotlowing table shall apply. The property
owner/applicant shall be responsible to provide evidence of these previous
approvals/decisions.
2. Any further subdivision of any lot and its subsequent use musfi conform to
the permitted uses and standards referenced in the applicable zoning ehapters of this
title, except as modified by this section. For farm animals, subsection E of this section or
subsection 18.31.210 shall apply.
Min Lot M.i.n Lot Min Lot Max Lot Setbacks" Building Meight
Zone Area(Sq. Area (Sq: Width Coverage Front Rear nteeior Side, Main Accessory
Ft,) Ft. per Unit) (Ft.) (%) (Ft.) (Ft.) Street(Ft.) (Ft.) (Ft:)
(Ft.)
R-1 8,000 N/A 35 35 20 5 5 10 35 35
R-5 2,500 N/A 30 35 10 5 5 10 35 16
R-7 2,500 6,000 30 35 10 5 5 10 35 16
"Garages and other similar structures with a vehicular access require a 20-foot setback from any street.
C. Prior King County Approvals. The city of Auburn will recognize the terms of
any King County-approved plat, PUD, conditional use permit, contract rezone or similar
contractual obligations that may have been approved prior to the effective date of the
annexation of the subject property. The conditions of any project that was approved by
King County shall be required to be fulfilled in the city ofiAuburn.
D. Planning Director Authorization. The planning director shall be authorized
to interpret the language of any King County permit, plat or condition thereof and
effectuate the implementation of same to the fullest extent possible. If there is a conflict
between a previous King County approval and the Auburn regulation, then the most.
restrictive provision shall apply as determined by the planning director.
E, Farm Animals.
1. For properties greater than an acre in the R-1, R-5 and R-7 zones within the
West Hill overlay, it is permissible to keep farm animals (excluding goats and swine in the
R-5 and R-7 zones); provided, there shall not be more than one horse, cow, donkey or
----------------------
Ordinance No. 6642
June 8, 2017
Page 20
other similar large animal, or four small animals such as sheep, or 12 poultry, rabbits, or
similar size animals per each acre of enelosed usable pasture or roaming area. This
acreage requirement is in addition to the minimum lot size requirements of the applicable
zone. Property owners of more than an acre in the West Hill Overlay district may choose
to apply these standards, or the standards in subsection 18.31.210.
2: Shelters provided for farm animals shall be constructed no closer than 50
feet from any adjoining lot and no closer than 100 feet from any public street or alley. Any
corral, exercise yard, or arena shall maintain a distance of 35 feet from any property line.
This excludes pasture areas.
3. For those properties that do not meet the requirements of subsection (E)(1)
of this section, and farm animals were present prior to annexation, the farm animals may
remain as legal nonconforming uses. In such aase, the number of farm animals allowed
may be the same as what the county zoning provisions had allowed prior to the effectiye
date of the annexation of the subject property.
I F. All mariivana related businesses and mariivana cooqerafives are prohibited
land uses within the West Hill overlav. (Ord. 6369 § 3, 2011; Ord. 6245 § 13, 2009.)
Section 8. Amendment to City Code. That Section 18.21.030 of the Auburn
City Code be and the same hereby is amended to read as follows:
18.21.030 Urban separator overlay.
A. Purpose. The purpose of this section is to provide for additional
development standards to address the area designated as urban separator in the city's
comprehensive plan, as prescribed in the interlocal agreement between the city and King
County approved under city of Auburn Resolution No. 4113 and identified on the city of
Aubum comprehensive land use map. Unless otherwise provided for in this section, all
other provisions and requirements of this title shall apply to properties within the urban
separator overlay.
B. Development Standards. For property located within a designated urban
separator, lot averaging shall be required. The regulations of ACC 18.21.010(F) shall
apply in situations where lot averaging is used.
I C. All mariivana related businesses and mariivana cooperatives are prohibited
land uses within the Urban Separator Overlav. (Ord. 6369 § 3, 2011; Ord. 6245 § 13,
2009.)
Section 9. Amendment to City Code. That Section 18.23.030 of the Aubum
Gity Code be and the same hereby is amended to read as follows:
18.23.030 Uses.
A. Gsneral Permit Requirements. Table 18.23.030 identifies the uses of land
allowed in each commercial and industrial zone and the land use approval process
required to establish each use.
B. Requirements for Certain Specific Land Uses. Where the Iast column in
Table 18.23.030 ("Standards for Specific Land Uses") includes a reference to a code
section number, the referenced section determines other requirements and standards
Ordinance No. 6642
June 8, 2017
Page 21
applicable to the use regardless of whether it is permitted outright or requires an
administrative or conditional use permit,
Table 18.23.030 Permitted,Adrninistrative, Conditional and Prohibited Uses by Zone
PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P—Permitted
C—Conditional
A—Admin'istrative
X—Prohibited
Zoning Designation Standards for
LAND USE Specific Land Uses
C-N C-1 G2 C-3 C-4 M-1 EP M-2
INDUSTRIAL, MANUFACTURING AND PROCESSING, WHOLESALING
Building contractor, light X X X P X P X P
Building contractor, heavy X X X X X A X P
Manufacturing, assembling and packaging X X X P X P P P ACC 18.31.180
—Light intensity
Manufacturing, assembling and packaging X X X A X P A P ACC 18.31.180
—Medium intensity
Manufacturing, assembling and packaging X X X X X X X A ACC 18.31.180
—H.eavy intensity
Mariivana processor X X X X X C C C ACC 18.59
Mariivana producer X X X X X C C C ACC 18.59
Mariivana researcher X X X X X C C C ACC 18.59
Mariivana retailer X X X C X C C C ACC 18.59
Marijuana transporter business X X X X X C C C ACC 18.59
Outdoor storage, incidental to principal X X X P X P P P ACC 18.57.020(A)
permitted use on property j
Storage—Personal household storage X P X P X P X P ACC 18.57.020(B)
facility(mini-storage)
_ _ _
Warehousing and distribution X X X X X P P C ACC 18.57.020(C)
Warehousing and distribution, bonded and X X X P X P P P
located within a designated foreign trade
zone
Wholesaling with on-site refail as a.n X X X P X P P P
incidental use(coffee, bakery, e.g.)
RECREATION, EDUCATION AND PUBLIC ASSEMBLY USES
Commercial recreation facility, indoor X P P P P P P A
_ _
Commercial recreation faciliry, outdoor X X X A X P A A ACC 18.57.025(A)
Conference./convention facility X X A A X A X X
Library, museum X A A A X A P X
Meeting faciliry, public or private A P P P X A P A
----------------------
Ordinanee No. 6642
June 8, 2017
Page 22
Table 18.23.030 Permitted,Administrative, Condifional and Prohibited Uses by Zone
PERMITTED,ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P—Permitted
C—Conditional
A—AdministratiVe
X—Prohibited
LAND USE
Zoni.ng Designation Standards for
Specific Land Uses
__ C-N C-1 G2 C-3 C-4 M-1 EP M-2
MoVie theater, except drive-in X P P P P X X X
PriVate school—Specialized A A P P P p p p
education/training(for profit)
Religious institutions, lot size less than one A P P P A A A
acre
Religious institutions, lot size more than C P P P A A A A
one acre
Sexually oriented businesses X X X P X P X P Chapter 18.74 ACC
Sports and entertainment assembly faciliry X X A A X A X A
Studio—Art, dance, martial arts, music, etc. P P P P P P A A
RESIDENTIAL
Garetaker apartment X P P P X P P P
Live/work or work/live unit X P P P P P P X
IMariivana C000erative X X X X X X X X
Mulfiple-family dwellings as part of a mixed- X P P P P P P X ACC 18.57.030(A)
use development
Multiple-family dwellings, stand-alone X X X X X X X X ACC 18.57.030(B)
Nursing home, assisted living facility X P P P G X X X
Senior housing X A A A X X X X
RETAIL
Building and landscape materials sales X X X P X P X P ACC 18.57.035(A)
Construction and heavy equipment sales X X X X X A X P
and rental
Convenience store A A P P X P p p
Drive-through espresso stands A A A P A. P A A
Drive-through facility, including banks and A A A P P P X P ACC 18.52.040
restaurants
Entertain.me.nt, commercial X A P P X A X A
Groceries, specialry food stores P P P P P P P X ACC 18.57.035(B)
Nursery X X X P A P X P ACC 18.57.035(C)
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Ordinance No. 6642
June 8, 2017
Page 23
Table 18.23.030 Permitted,Administrative, Conditional and Prohibited Uses by Zone
PERMITTED;ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P—Permitted
C—Conditional
A—Administrative
X—Prohibited
Zoning Designation Standards for
LAND USE Specific Land Uses
G-N C-1 C-2 C-3 C-4 M-1 EP M-2
Outdoor displays and sa.les associated with P P P P P P P P ACC 18.57.035(D)
a permitted use(auto/vehicle sales not
included in this category)
Resta.urant, eafe, coffee shop P P P P P P P P
Retail
Community retail establishment A P P P P P X P
IVeighborhood retail establishment P P P P P P X P
Regional retail establishment X X X P P P X A
Tasting room P P P P P P P P
Tavern P P X P P P X A
Wine production facility, sm.all craft A P P P P P P P
distillery, small craft brewery
SERVICES
Animal daycare(excluding kennefs and A A A P A P X P ACC 18:57.040(A)
animal boarding)
_ _ . .
Animal sales and services(excluding P P P P P P X P ACC 18.57.040(B)
kennels and veterinary clinics)
Banking a.nd related financial institutions, P P P P P P P P
excluding drive-through facilities '�
Catering service P P P P A P A P
Daycare, including mini daycare, daycare A P P P P P P X
center, preschools or nursery schools
Dry cleaning and laundry service(personal) P P P p p P p p -
Equ.ipment rental and leasing X X X P X P X P
Kennel, animal boarding X X X A X A X A ACC 18.57.040(C)
Government facilities,this excludes offces A A A A A A A A �
and related uses that are permitted outright
Hospital X P P P X P X P
Lodging—Hotel or motel X P P P P A P A
Medical—Dental clinic P P P P P P X X I
Mortuary,funeral home, crematorium A P X P X P X X
Personal service shops P P P P P P X X
Ordinance No. 6642
June 8, 2017
Page 24
Table 18.23.030 Permitted,Administrative,Conditional and Prohibited Uses by Zone
PERMITTED,ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P=Permitted
G—Gonditional
A—Administrative
X—Proh'ibited
Zoning Designation Standa.rds for
LAND USE Specific Land Uses
C-N C-1 G2 C-3 C-4 M-1 EP M-2
Pharmacies P P P P P X X X
Print and copy shop P P P P P P X X
Printing and publishing(of books, X A P P P P P P
newspaper and other p�inted matter)
Professiona.l offices P P P P P P P P
R.epair service—Equipment, appliances X A P P P P X P ACC 18.57;040(D)
Veterinary clinic, animal hospital A P P P P P X X
TRANSPORTATION, COMMUNICATIONS AND INFRASTRUCTURE
Ambulance, taxi, and specialized X X X A X P X P
transportation facility
Broadcast.ing studio X F X P X P X P
Helipo.rt X X X G X C X C
Motor fre.ight terminal ' X X X X X X X X See Foofnote No. 1
Parking faciliry, public or commercial, X P P P P P P X
surface
Parking fac'ility, public or commercial, X P P P P P P X
structured
Towing storage yard X X X X X A X P ACC 18.57.045(A)
Ufility transmission or distribution line or A A A A A A A A
substation
Wireless communication facility(WCF) — — — — — — — — ACC 18.04.912,
18.31.100
VEHICLE SALES AND SERVICES
Automobile washes(automatic,full or self- X A X P P P X P ACC 18.57.050(A)
service)
Auto parts sales with installation services X A A P P P X P
__ _
Auto/vehicle sales and rental X A X P X P X P ACC 18.57.050(B)
Fueling station X A A P P P X P ACC 18.57.050(C)
Mobile home, boat;or RV sales X X X P X P X P
Vehicle services—Repair/body work X X A P X P X P ACC 18:57,050(D)
OTHER
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Ordinance No. 6642
June 8, 2017
Page 25
_ - �
Table 18.23.030 Permitted,Administrative, Conditional and Prohibited Uses by Zone
PERMITTED,ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P—Permitted
C—Conditional
A—Administrative
X—Prohibited
LAND USE
Zoning Designation Standards for
Specific Land Uses
C-N C-1 G2 C-3 C-4 M-1 EP M-2
A.ny commercial use abutting a residential A A A A A A A A
zone .which has hours of operations outside
of the following` Sunday: 9:00 a.m:to 10:00
p.m. or Monday—Saturday: 7:00 a.m:to
10:00 p.m.
(Ord. 6508 § 1, 2014; Ord. 6433 § 26, 2012.)
Section 10. Amendment to City Code. That Section 18.29.050 of the Aubum
City Code be and the same hereby is amended to read as follows:
18.29.050 Use limitations.
Hereafter, all buildings, structures or properties may be used for any use, unless
specifically prohibited herein. Ground floor retail, restaurants and/or office use is required
for all building frontages facing Main Street. All uses shall be subject to review and
approval by the director. The following uses are prohibited:
A. Sexually oriented businesses as defined in Chapter 18.74 AGC.
B. Taverns.
C. All industrial uses as defined in the North American Industrial Classification
System (1997 Edition), categories 48 — 49 (transportation), 31 — 33 (manufacfuring) and
42 (wholesale).
D. Outdoor storage of materials and equipment (except during active
construction projects).
E. New automobile maintenance and repair businesses.
F. Work release facilities; secure eommunity transition facilities.
G. Wrecking yards.
H. Solid waste transfer stations.
I. Car washes.
J. New gasoline stations.
K. Street-level ministorage.
L. Outdoor sales of vehicles, boats or equipment.
M. Drive-in/drive-through facilities with direct Vehicular driveway access onto
Main Street.
IN. All Mariivana Related Businesses and Mariivana Cooperatives
O. Other uses may be prohibited by the director if the use is determined to be
inconsistent with the intent of this zone or is of the same general character of the other ',
prohibited uses listed in this section. (Ord. 6071 § 6 [Exh, A], 2007.)
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Ordinance No. 6642
June 8, 2017
Page 26
Section 11. Amendment to City Code. That Section 18.35.030 of the Aubum
City Code be and the same hereby is amended to read as follows:
18.35.30 Uses.
A. General permit requirements. Table 18.35.030 identifies the uses of land
allowed in each special purpose zone and the planning permit required to establish each
use.
B. Requirements for certain specific land uses. Where the last column in Table
18.35.030 ("Standards for Specific Land Uses") includes a section number, the
referenced section determines other requirements and standards applicable to the use
regardless of whether it is permitted outright or requires an administrative or conditional
use permit.
Table 18.35.030 Permitted,Administrative, Conditiona.l and Prohibited Uses by Zone
Permitted,Administrative, Cond.itional and Proh.ibited Uses by Zone P—Permitted
C—Conditional
A—Adminisfrative
X—Prohibited
Zoning Designations Standards for Specific
LAND USE Land Uses
RO RO-H P-1 I
MARIJUANA RELATED BUSINESSES
Mariivana processor X X X X
Mariivana producer X X X X
Mariivana researcher X X X X
Mariivana retailer X X X X
Mariluana transporter business X X X X
PUBLIC
Animal shelter, public X X P X
Government facilities,th.is excludes offices and A A P P
related uses that are permitted outright
Municipal parks and playgrounds P P P P
RECREATION, EDUCATION AND PUBLIC ASSEMBLY
Campgrounds and recreational vehicle parks, private X X X P
C.emetery, public X X P A
Cemetery, private X X X A
College, university, public X X A A
Commercial recreation facility—Indoor X X X P
Commercial recreation facility—Outdoor X X X A ACC 18.57.025(A)
Conference/convention fac.ility X X X A
Library, museum X X P P
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Ordinance No. 6642
June 8, 2017
Page 27
Table 18.35.030 Permitted, Administrative, Conditional and Prohibited Uses by Zone
Permitted,Administrative, Conditional and Prohibited Uses by Zone P—Permitted
C—Conditional
A—Administrafive
X—Prohibited
LAND USE Zoning Designations Standards for Specific
RO RO-H P-1 I Land Uses
Meeting facility, public or private A A P P
Private school—specialized education/training(for P P X P
profit)
Public schools(K-12)and related facilities X X P P
Religiou.s institutions, lot size less than one acre A P X P
Religious institutions, lot size more than one acre C A X P
Studio—Art, dance, martial arts, music, etc. P X X X
RESIDENTIAL
Duplex P(1) X X A
Home occupation P P X P Chapter 18.60 ACC
Live/work,work/live unit A P X A
IMariivana Cooperative X X X X
Multiple-family dwellings, stand-alone P(2) A(3) X A
One deCaehed single-family dwelling P X X X
Nursing fiome, assisted living faciliry A A X P
Senior housing A A X A
RETAIL
Restaurant, cafe, coffee shop, excluding drive- A A P A
through facilities
SERV�CES
Banking and related financia.l institutions, excluding P P X X
drive-through facilities(4)
Daycare, including mini daycare, daycare center, A P X P
preschools or nu�sery schools
Home-based daycare P P X P
Medical services—Clinic or urgent care(4) P P X X
Mortuary, funeral home, crematorium X P X X
Professional offices P P X A
Pe.�sonal service shops P P X X
Pharmacies X P X X
Notes:
1. Duplexes, 3,600 square feet of lot area pe.r dwel.ling unit is required
Ordinance No. 6642
June 8, 2017
Page 28
2. Multi-family dwellings; provided that 2,400 square feet of lot area is provided for each dwelling u.nit
3. Multi-family dwellings; provided 1,200 square feet of lot area is provided for each dwelling unit. (Ord. 6269§28,
2009)
4. Permitted within a publis college or u.niversity as an amenity or service provided to students.A stand-alone bank
or med.ica.l services/clinic is not permitted.
(Ord. 6434 § 1, 2012.)
Section 12. Amendment to City Code. That Section 18.42.020 of the Aubum
City Code be and the same hereby is amended to read as follows:
18.42.020 Establishment.
Those areas previously annexed to the city for which no cify zoning classification
has been fixed or determined by ordinance are zoned UNC, unclassified use district.
Unclassified zoned property shall assume the R-1 standards for permitted uses and
I deyelopment standards� provided that all mariivana related businesses and mari�'uana
cooperatives shall be prohibited in the Unclassified Use District. (Ord. 4229 § 2, 1987.)
Section 13. Amendment to City Code. That Section 18.78.020 of the Auburn
City Code be and the same hereby is amended to read as follows:
18.78.020 Permitted uses.
The permitted uses allowed in the Terrace View zoning district will be those as
allowed within Chapter 18.30 ACC, C-3 Heavy Commercial District, as may be amended:
The process to allow any use on the Terrace View property shall be as required by this
title with the exception that apartments/multifamily units will be considered an outright.
permitted use and will not require an administrative use permit. NotwithstandinQ the
foreqoinq, all mariivana related businesses and mariivana cooperatives shall not be
permitted in anv residential or non-residential portion of the Terrace View zoninq district.
(Ord. 6269 § 26, 2009; Ord. 5377 § 2, 2000.)
Section 14. Amendment to City Code. That Section 18.04.120 of the Auburn
City Code be and the same hereby is amended to read as follows:
18.04.120 "Arcade".
"A rca d e" ;noa�� ��}�-�I,as�-e#�s�e�� ha�+qg—Fr�e�c�ess ,r �,�h�,,.7z1^,.,;�;
a����er}�-�e�i� a-s �e€i�e�' ��o�S-�-�:A4.�-AA means an entertainment venue
featurina primarilv video aames, simulators, and/or other amusement devices where
persons under twentv-one years of aqe are not restricted.
Section 15. New Section to City Code. That a new Section 18.04.1001 ofi the
Auburn City Code be and the same hereby is created to read as follows:
18.04.1001 "Child care center°.
"Child care center" means an entity that regularly provides child day care and early
learning services for a group of children for periods of less than finrenty-four hours licensed
----------------------
Drdinance No. 6642
June 8; 2017
Page 29
by the Washington state department of early learning under Chapter 170-295 of the
Washington Administrative Code (WAC).
Section 16. iVew Section to City Code. That a new Section 18.04.1005 of the
Auburn City Code be and the sari�ie hereby is created to read as follows
18.04.1005 "Marijuana'' or "marihuana."
"Marijuana"'or"marihuana" means all parts of the plant Cannabis, whethergrowing
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, mixYure,
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 germinafion.
Section 17. New Section to City Code. That a new Section 18.04.1007 of the
Auburn City Code be and the same hereby is created to read as follows:
18.04.1007 "Marijuana cooperative."
"Marijuana cooperative" means up to four qualifying patients; as defined by RCW
69.51A.010(19), who share responsibility for acquiring and supplying the resources
needed to produce and process marijuana, including tetrahydrocannabinols or
cannabimimetic agents, only for the medical use of inembers of the cooperative and not
for profit.
Section 18. New Section to City Code. That a new Section 18.04.1009 of the
Auburn City Code be and the same hereby is created to read as follows:
18.04.1009 "Marijuana-infused products."
"Marijuana-infused products" means products that contain marijuana or marijuana
extracts and are intended for human use. The term "marijuana- infused products" does
not include useable marijuana.
Section 19. New Section to City Code. That a new Section 18.04.1011 of the
Aubum City Code be and the same hereby is created to read as follows:
18.04.1011 "Marijuana processor."
`'Marijuana processor" means any person or entity licensed by the Washington
state liquor and cannabis board to proeess, package, and label marijuana coneentrates,
including tetrahydrocannabinols or cannabimimetic agents, in accordance with the
provisions of RCW chapters 65.50 and 69.51 a and WAC chapter 314-55.
Section 20. New Section to City Code. That a new Section 18.04.1013 of the
Auburn City Code be and the same hereby is crea.ted to read as follows:
Ordinance No. 6642
June 8, 2017
Page 30
18.04.1013 "Marijuana producer.`'
``Marijuana producer" means any person or entity licensed by the Washington state
liquor and cannabis board to produce marijuana, including tetrahydrocannabinols or
cannabimimetic agents, for wholesale to marijuana processors and other marijuana
producers pursuant to RCW 69.50.325.
Section 21. New Section to City Code. That a new Section 18.04.1015 of the
Auburn City Code be and the same hereby is created to read as follows:
18.04.1015 "Marijuana related business."
"Marijuana related business'' means a person or entity engaged in for-profit activity
that includes the possession, cultivation, production, processing, distribution,
dispensation, or sale of tetrahydrocannabinols or cannabimimetic agents, as defined by
the controlled substances act, codified at 21 U.S.C. § 812, including marijuana retailers,
marijuana processors, and marijuana producers, as defined herein.
Section 22. New Section to City Code. That a new Section 18.04.1017 of the
Auburn City Code be and the same hereby is created to read as follows:
18.04.1017 "Marijuana retailer."
"Marijuana retailer" means any person or entity established for the purpose of
making marijuana concentrates, usable marijuana and marijuana-infused products,
including tetrahydrocannabinols or cannabimimetic agents, available for sale to adults
aged twenty-one and over.
Section 23. New Section to City Code. That a new Section 18.04.1019 of the
Auburn City Code be and the same hereby is created to read as follows:
18.04.1019 "Marijuana researcher."
"Marijuana researcher" is a position licensed by the Washington state liquor and
cannabis board that permits a licensee to produce, process, and possess marijuana for
the limited research purposes set forth in RCW 69.50.372.
Section 24. IVew Section to City Code. Tha.t a new Section 18.04.1021 of the
Auburn City Code be and the same hereby is created to read as follows:
18.04.1021 "Marijuana transporter."
``Marijuana transporter" is a position licensed by the Washington state liquor and
cannabis board pursuant to WAC 314-55-310 that allows a licensee to physically
transport or deliver marijuana, marijuana concentrates, and marijuana-infused products
between licensed marijuana businesses within Washington state.
Section 25. New Section to City Code. That a new Section 18.04.1023 of the
Auburn City Code be and the same hereby is created to read as follows:
Ordinanee No. 6642
June 8; 2017
Page 31
18.04.1023 "Public or private park."
"Public or private park" means an area of land for the enjoyment of the public or
private parties, having facilities for rest and/or recreation, such as a baseball diamond or
basketball court, owned and/or managed by a p�ivate for-profit entity, a non-profit entity,
a homeowners' association, city, county, state, federal government, sovereign nation or
metropolitan park distriet. Public park does not include trails.
Section 26. New Section to City Code. That a new Section 18.04.1025 of the
Aubum City Code be and the same hereby is created to read as follows:
18.04.1025 "Public or private playground."
"Public or private playground" means a public or private outdoor recreation area
for children, usually equipped with swings, slides, and other playground equipment,
owned and/or managed by a private business, a non-profit entity, city, county, state, or
federal government or sovereign nation.
Section 27. iVew Section to City Code, That a new Section 18.04.1027 of the
Auburn City Code be and the same hereby is created to read as follows:
18.04.1027 "Public or private recreational center.''
"Public or private recreation center or facility" means a supervised center that
provides a broad range of activities and events intended primarily for use by persons
under twenty-one years of age, owned and/or managed by a private business, charitable
nonprofit organization, sovereign nation, city, county, state, or federal government.
Section 28. New Section to City Code. That a new Section 18.04.:1029 of the
Auburn City Code be and the same hereby is created to read as follows:
18.04.1029 "Public transit center."
"Public transit center" means a faeility located outside of the public right of way that
is owned and managed by a transit agency or city, county, state, or federal government
for the express purpose of staging people and vehicles where several bus or other transit
routes converge. They serve as efficient hubs to allow bus riders from various locations
to assemble at a central point to take acivantage of express trips or other route to route
transfers
Section 29. New Section to City Code. That a new Section 18.76.046 of the
Auburn City Code be and the same hereby is created to read as follows:
18.76.046 Marijuana related uses.
All marijuana related businesses and marijuana cooperatives shall not be
permitted in any residential or non=residential portion of the Planned Unit Development.
----------------------
Ordinance No. 6642
June 8, 2017
Page 32
Section 30. iVew Chapter to City Code. That a new Chapter 18.59 ofthe Auburn
City Code be and the same hereby is created to read as follows:
Chapter 18.59
DEVELOPMENT STANDARDS FOR MARIJUANA RELATED BUSINESSES
Sections:
18.59.010 Purpose.
18.59:020 Maximum number of marijuana retail businesses.
18:59.030 Required geographic separation.
18.59.040 Marijuana required to be grown in a sfructure.
18.59.050 Required odor control for marijuana retail stores.
18.59.060 First-in-time—change in ownership, relocation and abandonment for
marijuana retail stores.
18.59.D70 Signage.
18.59.080 Security required.
18.59.090 Speeific standards for marijuana processors, producers. research
and transportation businesses.
18.59.100 Pre-application conference meeting required.
18.59.110 Public review meeting required.
18.59.010 Purpose.
The development standards contained in this Chapter are intended to address the
substantive impacts that marijuana related businesses may have on all or a portion of the
community by providing clear and objectiye development standards that will reduce or
mitigate said impacts and provide, when appropriate, opportunities for public awareness
and input prior to an application being made to the City. In addition, the development
standards will provide the City, adjacent property owners (residential or non-residential)
and adjacent business owners as well as the entire eommunity the opportunity to be kept
informed and aware through on-going reporting for those marijuana related businesses
that successfully obtain appropriate approvals and authorizations to operate in the City of
Auburn.
18.59.020 Maximum number of marijuana retail businesses.
The total maximum number of marijuana retail businesses operating within the City
at any given time shall be limited to a maximum of four 4
stores. For purposes of these regulations, these standards shalrbelconside ed in addition
to the numeric allowances on these businesses specified now or in the future by the
Washington State Liquor and Cannabis Board.
18.59.030 Required geographic separation.
Marijuana related businesses operating within the City shall be geographicalty
separated as follows. For purposes of these regulations, these standards shall be
Ordinance No. 6642
June 8, 2017 I
Page 33
considered in addition to those geographic siting standards specified by the Washington
State Liquor and Cannabis Board:
A. A marijuana retailer authorized by the Washington State Liquor and
Cannabis Board and the City to operate within the City shall be sited a minimum of one
(1) mile from another similarly authorized marijuana business.
B. A marijuana retailer business shall be sited a minimum of 1,320 feet from
any properties zoned and utilized for single-family residential or multi-family residential
land uses.
C. All marijuana related businesses shall not be located within the distances
identified for the following uses or any use ineluded in Chapter 314-55 WAC now or as
hereafter amended:
1. 2,640 feet for:
a. Elementary or secondary school that is existing or that is planned and
has a site specific location identified in an adopted Capital Facilities
Plan;
b. Public or private playgrounds inclusive of those located within a multi-
family residential complex;
c. Public or private recreation center or facility;
d. Child care centers;
e. Public or private parks;
f. Any game arcade; and,
2. 1,320 feet for:
a. Public trails
b. Public transit centers;
c. Religious institutions;
d. Public libraries;
e. Transit center or park-and-ride facility operated by a sovereign nation on
trust or non-trust designated properties
D. Measurement. All separation requirements shall be measured as the
shortest straight line distance from the property line or right of way line of the proposed
business location to the property line or right of way line of the use specified in this section.
18.59:040 Marijuana required to be grown in a structure.
For all marijuana related businesses and marijuana cooperatives, marijuana shall
be grown in a structure. Outdoor cultivation is prohibited in all instances. '
18.59.050 Required odor control for marijuana related businesses. ,
Marijuana odor shall be eontained within fhe marijuana related business so that
odor from the marijuana cannot be detected by a person with a normal sense of smell
from any abutting use or property. If marijuana odor can be smelled from any abutting
use or property, the marijuana related business shall be required to implement measures,
including but not limited to, the installation of the ventilation equipment necessary to
contain the odor.
----------------------
Ordinance No. 6642
June 8, 2017
Page 34
18.59.060 First-in-time — Change in ownership, relocation and abandonment for
marijuana retail stores — non-conforming uses.
A. Areas where no retail marijuana uses are located. If two or more marijuana '
retail applicants seek licensing from the state and propose to locate within less than one
(1) mile of each other, the City shall consider the entity that is licensed first by the State
Liquor and Cannabis Board to be the "first- in-time" applicant who is entitled to site the '
retail use. First-in-time determinations will be based on the date and time of the state-
issued license or conditional license, whichever is issued first, The Director or designee
shall make the first-in-time determination.
B. First-in-time determinations are location-specific and do not transfer or
apply to a new property or site, unless the new site is within the same tax parcel.
C. Ownership. The status of a first-in-time determination is not affected by
changes in ownership.
D. Relocation. Reloeation of a retail store to a new property voids any first- in-
time determination previously made as to the vacated property. The determination shall
become void on the date the property is vacated. Applicants who may haVe been
previously denied a license due to a first- in-time determination at the vacated property
may submit a new application after the prior first-in-time determination becomes void.
E. Discontinuance. If an existing marijuana retail use is disconfinued or
abandoned for a period of six (6) months with the intention of abandoning that use, then
the property shall forfeit first-in-time status. For purposes of this Section, discontinuance
shall not mean a legal change in business name or ownership or Washington State
Unified Business Identifier (UBI) number. Discontinuance of a licensed retail use for a
period of six (6) months or greater constitutes a prima facie intent to abandon the retail
use. Intent to abandon may be rebutted by submitting documentation adequate to rebut
the presumption. Documentation rebutting the presumption of intent to abandon ineludes
but is not limited to:
1. State licensing review or administrative appeal; or
2. Review of building, land use, other required development permits or
approvals; or
3. Correspondence or other documentation from insurance provider
demonstrating an intent to reestablish the use after either a partial or full loss or disruption
of the use.
4. The Director shall determine whether a retail use has been discontinued,
abandoned, or voided, whether in connection with an application for an administrative
conditional use permit or as otherwise appropriate.
F. Accidental Destruction. First-in-time status or cessation is not affected when
a structure containing a state-licensed retail outlet is damaged by fire or other causes
beyond the control of the owner or licensee; provided all necessary local, regional, state
or other permits and approvals are successfully obtained and redevelopment commences
within twelve (12) months from the documented date of the accidental destruction or the
licensee provides documentation demonstrating why redevelopment cannot commence
within twelve (12 months), provided that redevelopment is completed within twenty-four
(24) months of the documented date of accidental destruction.
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Ordinance No. 6642
June 8, 2017
Page 35
G. Marijuana related businesses that had lawfully obtained all State and local
approvals prior to the adoption of these rules shall be considered legal conforming uses
even if the business is unable to meet the standards for geographic separations and
square footage requirements outlined in this Chapter.
18.59.070 Signage.
All marijuana related businesses shall complywith applicable sign regulations and
standards as specified in Chapter 18.56 (Signs) as may be amended.
18.59.080 Security required.
In addition to the security requirements in chapter 315-55 WAC, during non-
business hours, all marijuana producers, processors, and retailers shall store all
marijuana concentrates, useable marijuana, marijuana-infused products, and cash in a
safe or in a substantially constructed and locked cabinet. The safe or cabinet shall be
incorporated into the building structure or securely attached thereto. For useable
marijuana prod.ucts that must be kept refrigerated orfrozen, these products may be stored
in a Iocked refrigerator or freezer container in a manner approved by the Director,
provided the container is affixed to the building structure.
18.59.090 Specific standards for marijuana producers, processors, research and I�
transportation businesses.
A. Marijuana production and processing facilities shall comply with the
following provisions:
1. Marijuana production, processing research and transportation facilities shall
be ventilated so fhat the odor from the marijuana cannot be detected by a person with a
normal sense of smell from any adjoining use or property;
2. A screened and secured loading dock, approved by the Director shall be
required: The objective of this requirement is to provide a secure, visual screen from the
public right-of-way and adjoining properties, and prevent the escape of odors when
delivering or transferring marijuana, marijuana concentrates, useable marijuana, and
marijuana-infused products.
B. Any marijuana producer or marijuana processors operating within the city
(i) shall strictly comply with all industrial, health and safety codes, including but not limited
to Section 314.55.104 WAC and Section 69.50.348 RCW, and (ii)shall have at least 4,000
square feet of building utilized for its individual business, and the total square feet of all
marijuana producers and processor in the city shall not exceed 90,000 square feet of
building space; provided that any such business that was licensed and existing prior to
August 1, 2016, that did not have at least 4,000 square feet of building utilized for its
individual business may continue operating, and shall be classified as a ful.ly legal
conforming use, at its current location even though it did not have at least 4,000 square
_ .
feet of building utilized for its individual business.
18.59.100 Pre-application conference meeting required.
A minimum of one (1) pre-application conference meeting with the City of Auburn
and other relevant parties including but not limited to the Valley Regional Fire Authority
----------------------
Ordinance No. 6642
June 8, 2017
Page 36
shall be conducted prior to the submittal of a formal business license application for all
marijuana related businesses within the City.
18.59.110 Public review meeting required.
A. A minimum of one(1) public review meeting shall be conducted b a licant
for any marijuana related business in the City. The purpose of the Public Review Meeting
is to allow adjacent property owners (residential and non-residential) and adjacent
business owners an opportunity to become familiar with the proposal and to identify any
associated issues. The Public Review Meeting is intended to assist in producing
applications that are responsive to the concerns of adjacent property owners (residential
and non-residential) and adjacent business owners and to reduce the likelihood of delays
and appeals. The City expects an applicant to take into consideration the reasonable
concerns and recommendations of these parties when preparing an application. The City
expects these parties to work with the applicant to provide reasonable concerns and
recommendations. The requirements of this Section shall apply to new businesses as
well as businesses that are seeking to relocate to a different tax parceL
B. Prior to submittal of an application for any marijuana related business, the
applicant shall provide an opportunity to meeY with adjacent property owners (residential
or non:-residential) and adjacent businesses owners within whose boundaries the site for
the proposed marijuana related business is located or within the notice radius to review
the proposal. The applicant shall not be required to hold more than one Public Review
Meeting provided such meeting is held within six (6) months prior to submitting an
application for one (1) specific site.
C. Public Review Meetings shall occur prior to submitting a formal business
license application to the City of Auburn.
D• Public Review Meetings shall occur after the required pre-application
conference with the City of Auburn.
E. The applicant shall hold a public review meeting in a publicly accessible
location within one (1) mile of the proposed business site, provided that if no such place
is immediately available, the applicant may submit a written request to the Director
proposing an alternate meeting location and the Director may approve said location, in
writing. The meeting starting time selected shall be limited to a weekday evening after
6:00 p.m. or a weekend at any reasonable time and shall not occur on a national holiday.
The meeting shall be held at a location open to the public and in compliance with the
Americans with Disabilities Act (ADA). A portable sign at least 22 inches x 28 inches in
size with minimum two (2) inch lettering shall be plaeed at the main entrance of the
building where the meeting will take place at least one (1) hour prior to the meeting. Such
sign will announce the meeting, subject matter of the meeting, and announce that the
meeting is open to the public and that interested persons are invited to attend. This sign
shall be removed by the applicant upon conclusion of the meeting:
F. The applicant shall send by regular mail a written notice announcing the
Public Review Meeting to the Director, property owners pursuant to the most current
public records of the King County Assessor's Office or Pierce County Assessor's Office
within 1,320 feet on all sides of the property involved in the anticipated application and to
all current businesses registered with the City of Auburn within 1,320 feet on all sides of
Ordinance No. 6642
June 8, 2017
Page 37
the property involved in the anticipated application. At the request of the applicant, and
upon payment of the applicable fee, the City will provide the required mailing lists for
property owners and/or registered businesses.
G. Not less than twenty(20) calendar days prior to the Public Review Meeting,
the applicant shall post a notice on the property which is subject of the proposed
application. The notice shall be posted within fifty(50) feet of an adjoining publie right-of-
way in a manner that can be read from the right-of-way. The notice shall state that the
site may be subject to a proposed marijuana related business, the type of marijuana
related business in sufficient detail for a reasonable person to ascertain the nature and
type of business, the name of the applicant and the applicant's telephone number and
electronic mail address where the applicant can be reaehed for additional information.
The site shall remain posted until the conclusion of the Public Review Meeting.
H. At the Public Review Meeting, the applicant shall describe the proposed
application to persons in attendance. The attendees may identify any issues that they
believe should be addressed in the proposed application and recommend that those
issues be submitted for City consideration and analysis.
I. At the Public Review Meeting, the applicant shall take notes of the
discussion on the proposed application.
J. To comply with this section, an applicant shall submit the following
information with the business license application:
1. A copy of the notice sent to surrounding property owners pursuant to
Section 18.59.110 (F).
2. A copy of the mailing list used to send out meeting notices pursuant to
Section 18.59.110.(G).
3. A written statement and clear photographs containing the information
posted on the property pursuant to Section 18.59.110 (G)
4. A notarized affidavit of mailing and posting notices.
5. Copies of written materials and 8.5-inch x 11 inch size plans presented at
the Public Review Meeting.
6. Typed notes of the meeting, including the meeting date, time, a.nd location,
the name and address of those attending, and a summary of oral and written comments
received.
K. If responses to the meeting notice were not received by the applicant and
no one attended the Public Review Meeting or persons in attendanee made no
comments, the applicant shall submit evidence as indicated above, with the notes
reflecting the absence of comment, attendance, or both.
L. Failure of a property owner or business owner o receive notice shall not
inva(idate the Public Review Meeting proceedings.
Section 31. Implementation. The Mayor is hereby authorized to implement sueh
administrative procedures as may be necessary to carry out the directions of this
legislation.
Ordinanee No. 6642
June 8; 2017
Page 38
Section 32. Severabilitv. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section or portion ofi this ordinance, or the invalidity of the application thereof to any
person or circumstance shall not affect the validity of the remainder of this ordinance, or
the validity of its application to other persons or circumstances.
Section 33. Effective Date. T'his Ordinance shall take effect and be in force five
days from and after its passage, approval and publication as provided by law.
JUL 0 3 �017
Introduced:
Passed: .lUL 0 201
Approved: �UL 0 3 2017
CITY OF AUBURN
NA CY BAC , MAYOR
ATTEST:
,� ���
Danielle E. Daskam, Gity Clerk
APP ED AS TO FORM:
Daniel B. Heid, City Attorney
FUBLISHED: /0 �/7����u�`'V�``��
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Ordinance No. 6642
June 8, 2017
Page 39