HomeMy WebLinkAbout02-07-2012 Agenda PacketThe City of Auburn Planning Commission is an eight member advisory body that provides recommendations to the
Auburn City Council on the preparation of and amendments to land use plans and related codes such as zoning.
Planning Commissioners are appointed by the Mayor and confirmed by the City Council.
Actions taken by the Planning Commission are not final decisions; they are in the form of recommendations to the
City Council who must ultimately make the final decision.
PLANNING COMMISSION MEETING
February 7, 2012
AGENDA
I. CALL TO ORDER – 7:00 p.m., Council Chambers
A. Roll Call
B. Agenda Modifications
II. APPROVAL OF MINUTES
A. January 4, 2012
III. PUBLIC COMMENT
Comment from the audience on any item not listed on the agenda for discussion or public
hearing.
IV. PLANNING DEPARTMENT REPORT
Update on Planning and Development Department activities.
V. PUBLIC HEARINGS
There are no public hearings.
VI. OTHER BUSINESS
A. Cannabis Collective Garden Moratorium Expiration* (Taylor)
Summary: Discussion to address the work plan established by Resolution Number 4739
which placed a moratorium on the establishment of cannabis collective gardens.
B. Interim Sign Controls – Real Estate Signs* (Wagner)
Summary: Follow up discussion with Planning Commission on interim sign controls
related to real estate signs.
C. Proposed Amendment to the P-1, Public Use District* (Wagner)
Summary: Discuss the addition of animal shelters as a permitted use in the P-1, Public
Use District, and a new definition for animal shelters.
VII. ADJOURNMENT
DRAFT
PLANNING COMMISSION
JANUARY 4, 2012
MINUTES
I. CALL TO ORDER
Chair Judi Roland called the meeting to order at 7:03 p.m. in the Council Chambers
located on the first floor of Auburn City Hall, 25 West Main Street, Auburn, Washington.
Commission Members present were: Chair Judi Roland, Vice-Chair Kevin Chapman,
Ron Copple, Joan Mason, Dave Peace, Yolanda Trout, and Mark Ramey.
Commission Member Robert Baggett was excused.
Staff present included: Planning Manager Elizabeth Chamberlain, Planner Stuart
Wagner, and Planning Support Clerk Bobbie Hodgkinson.
II. APPROVAL OF MINUTES
Member Mason stated she was absent at the November 9, 2011 meeting, and the
approval of the minutes for the December 6, 2011 meeting should reflect motion carried
5 yes and 1 abstention.
Commissioner Peace moved and Commissioner Ramey seconded to approve the
minutes from the December 6, 2011 meeting as amended.
MOTION CARRIED UNANIMOUSLY 7-0
III. PUBLIC COMMENT
There were no members of the public present to comment.
IV. PLANNING DEPARTMENT REPORT
Planning Manager Chamberlain updated the Commission regarding current projects.
Two new Auto Zones are coming into Auburn: one next to the Pick Quick off Auburn
Way North and a second that is in permit review is going in on A Street SE near the Pink
Elephant Car Wash. HCSA Laundry Facility, a 145,000 sq. ft. industrial laundry facility
located on a vacant property near Emerald Downs, is moving forward with permits next
week with an aggressive schedule to open by the end of this year to take advantage of
tax credits. Planning Manager Chamberlain provided an update on the Promenade and
stated the project is going into suspension due to winter weather. The gateway sign,
which will be lit at night, was installed the week before Christmas. Second Street is back
open but Division Street will remain closed.
Member Mason asked about the M Street SE Project schedule, and Planning Manager
Chamberlain responded that current work is pre-utility and the entire project is going out
for bids fairly soon.
Planning Commission Meeting Minutes January 4, 2012
2
Chair Roland asked about the old Wal-Mart building, and Planning Manager
Chamberlain stated Coastal Farms based out of Oregon will be taking over the entire
building and anticipate submittal of their tenant improvement permits next month.
Member Peace asked about additional plans for Lake Tapps Center near the Chase
building. Planner Stuart Wagner stated that the developer of the entire site came in for
environmental and site plan reviews, and there are four other pad buildings which do not
have specific users committed at this time.
V. OTHER BUSINESS
A. Election of Planning Commission Chair and Vice Chair
Chair Roland called for nominations for the election of Chairperson for the City of Auburn
2012 Planning Commission. Vice-Chair Chapman nominated Chair Roland as
Chairperson seconded by Member Copple. No other Commissioners were nominated.
By majority vote of Commissioners, 7-0, Chair Roland was re-elected as the Planning
Commission Chairperson for 2012.
Chair Roland called for nominations for the election of Vice-Chairperson for the City of
Auburn 2012 Planning Commission. Member Mason nominated Vice-Chair Chapman
as Vice-Chairperson seconded by Member Trout. No other Commissioners were
nominated.
By majority vote of Commissioners, 7-0, Vice-Chair Chapman was re-elected as the
Planning Commission Vice-Chairperson for 2012.
Chair Roland reminded the Commission to be discrete regarding discussing Planning
Commission activities outside of meetings and to contact staff with questions rather than
other Commission members. Staff will email a copy of the Planning Commission’s Code
of Conduct to each Commissioner or bring copies to the next Planning Commission
meeting. Chair Roland asked the Commissioners to contact staff when they are unable
to attend meetings and stressed the importance of attendance in order to conduct
business.
B. Interim Sign Controls – Real Estate Signs
Planner Wagner provided background information and covered the major points outlined
in his Memorandum for the purpose of discussing off-premise real estate signs and
interim zoning controls and whether they should continue as is or be modified. Planner
Wagner stated that the interim controls have been in place for about eight months and
so far they seem to be working. Planner Wagner added that the height and the area of
the signs are more or less controlled, and the developers and builders like what has
been provided. So far, there have not been any complaints about the large signs except
for the manager of Lakeland Homeowners Association who indicated that Lake Tapps
Parkway has more than its share of off-premise signs. Planner Wagner showed
examples of various developers’ wayfinding and directional signs. The Commissioners
were interested in sign dimensions, and Planner Wagner stated that signs 8’ x 4’ or 8’ x
8 ‘are typical and meet the current interim sign code which is a maximum of 64 sq. ft.
Planning Commission Meeting Minutes January 4, 2012
3
Planning Manager Chamberlain asked if the Commission would like to limit the number
of off-premise signs per development since currently the interim controls do not have a
limit or keep it more flexible on a case-by-case basis. Members expressed concern
about sign glut and public safety and discussed limiting the number of signs and the
distance between signs especially in high density areas. Vice-Chair Chapman suggested
a total square footage per applicant for all signs combined; the number of larger signs
would limit the number of signs displayed.
Vice-Chair Chapman asked if there is a proximity distance for signs from the
development and is the number of signs allowed a developer comparable to the number
of signs that a business can have. Planner Wagner stated there is not a distance
regulation in the interim sign controls, and we are fairly flexible with the commercial and
industrial business community regarding temporary sign provisions. Vice-Chair
Chapman asked how long the signs can be displayed. Planner Wagner responded that
all the approvals to date have been conditional with a sunset date at which time they
would need to reapply. Member Ramey commented that one of the main controls is
complaints from people who live in and around an area and asked if there is a number
on these complaints.
Planner Wagner explained how nearby jurisdictions regulate these types of signs.
Planning Manager Chamberlain described Renton’s real estate sign kiosk pilot program
in partnership with the Master Builders Association and described the kiosks. Planning
Manager Chamberlain stated that it is a completely different program from the interim
sign controls we have developed, and they are entirely two separate paths.
Member Peace recalled Supreme Court issues in the past concerning the rights of real
estate businesses more so than other businesses to put up signs and was concerned
how this would affect us. Planning Manager Chamberlain responded that our existing
real estate code exempts real estate signs but was not sure they were exempted
because of case law and will check with legal.
The Commission agreed to meet one more time for discussion prior to the March
Hearing. Chair Roland stated there will not be another January meeting, and the next
meeting of the Planning Commission will be Tuesday, February 7.
Staff will provide an updated City calendar to the Commission members at the next meeting.
VI. ADJOURNMENT
There being no further business to come before the Planning Commission, Chair Roland
adjourned the meeting at 7:55 p.m.
Page 1 of 4
Memorandum
To: Judi Roland, Chair, Planning Commission
Kevin Chapman, Vice Chair, Planning Commission
Planning Commission Members
From: Hillary Taylor, Senior Planner
CC: Kevin Snyder, AICP, Planning and Development Director
Dan Heid, City Attorney, City Attorney’s Office
Rob Roscoe, Risk Manager, HR Facilities/Risk Management
Jamie Sidell, Commander - Investigations, Police Department
Date: January 31, 2012
Re: Collective garden moratorium expiration (Resolution No. 4739)
At the February 7, 2012 Planning Commission meeting, staff will present the following
memorandum to begin a discussion with the Commissioners to address the work plan
established by Resolution Number 4739.
Background
On May 2, 2011 the City Council adopted Resolution No. 4701 establishing a moratorium on
acceptance of applications for licenses, permits and approval for medical marijuana
dispensaries. The moratorium will expire this year on May 2, 2012. Should the moratorium
be ended, a dispensary use would need a business license; however, due to conflict with
state and federal laws, the City of Auburn would not be able to issue a business license for a
dispensary. In addition the City does not currently have any land use regulations governing
the location and standards for medical marijuana dispensaries. Resolution Number 4701
preceded Resolution Number 4739 and was put into place when it appeared that legislation
authorizing medical marijuana dispensaries would be approved. Ultimately, the Governor
approved legislation allowing cannibus collective gardens but not medical marijuana
dispensaries. That approval led the Council to take action on Resolution Number 4739.
The State of Washington Legislature adopted Engrossed Second Substitue Senate Bill 5073
(E2SSB 5073) which became effective on July 22, 2011. E2SSB allows cannabis to be
grown in collective gardens. Because the Governor vetoed portions of the bill that were
reference by other sections there are conflicts within E2SSB 5073, due to references to
deleted sections.
Page 2 of 4
The City of Auburn passed Resolution Number 4739 on August 15, 2011, establishing a
moratorium on collective gardens. The moratorium expires on August 15, 2012. As part of
the adoption Council specified a work plan regarding the creation of regulations for collective
gardens. E2SSB 5073 allows the City to regulate cannibis by enacting zoning, licensing
and/or health and safety requirements. The City of Auburn does not currently have a specific
provision in its zoning and land use codes addressing the use of property for collective
gardens. Pursuant to State law the City intends to develop appropriate zoning and land use
regulations for collective gardens. The work plan includes the following four work items:
1. The City of Auburn Planning 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 documentation or evidence related to the
issue of collective gardens.
2. The Planning Commission and City staff are authorized and directed to review the
experiences of other jurisdictions, the status of legal cases, statistical data, information,
studies and other evidence compiled by other municipatlities of adverse impacts of
collective gardens and to review the regulations, ordinances, and codes adopted and
implemented by other municipalities to address collective garden uses, and any other
information that is pertinent to collective gardens.
3. 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 ordinances and ultimate adoptioin as
a part of the City Code of the City of Auburn.
4. 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 the City staff relative to collective garden land uses, with such reports to
be scheduled approximately every six (6) months or as appropriate throughout the period
of the moratorium and any extensions thereof, until adoption of a comprehensive
ordinance is developed relating to collective garden land use.
History
Cannabis, or marijuana, is indigenous to Central and South Asia. Evidence of the inhalation
of cannabis smoke can be found in the 3rd millennium BC. Regulations and restrictions on
the sale of Cannabis sativa as a drug began as early as 1860. Increased restrictions and
labeling of cannabis as a poison began in many states from 1906 onward, and outright
prohibitions began in the 1920s. By the mid-1930s Cannabis was regulated as a drug in
every state, including 35 states that adopted the Uniform State Narcotic Drug Act. In the
early 20th century, the possession, recreational use, and sale of cannabis preparations
containing psychoactive cannabinoids was made illegal in most countries of the world.
MEDICAL USE
Cannabis used medically does have several well-documented beneficial effects. Among
these are: the amelioration of nausea and vomiting, stimulation of hunger in chemotherapy
and AIDS patients, lowered intraocular eye pressure (shown to be effective for treating
glaucoma), as well as general analgesic effects (pain reliever).
Page 3 of 4
FEDERAL CONFLICT
The U.S. Attorneys’ Office has indicated that notwithstanding 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. Cannabis is a
Schedule I drug according to the Controlled Substances Act of 1970, which classified
cannabis as having high potential for abuse, no medical use, and not safe to use under
medical supervision. Multiple efforts to reschedule cannabis have failed, or efforts to change
the drug from a “schedule I” drug to a “schedule II” drug. The United States Supreme Court
has ruled in United States v. Oakland Cannabis Buyers' Coop and Gonzales v. Raich that the
federal government has a right to regulate and criminalize cannabis, even for medical
purposes.
In 1996 California voters passed Proposition 215, which legalized medical cannabis. The
Oakland Cannabis Buyers' Cooperative was created to "provide seriously ill patients with a
safe and reliable source of medical cannabis, information and patient support" in accordance
with Proposition 215. In January 1998 the U.S. Government sued Oakland Cannabis Buyers'
Cooperative for violating federal laws created as a result of Controlled Substances Act of
1970. On May 14, 2001, the United States Supreme Court ruled in United States v. Oakland
Cannabis Buyers' Coop that federal anti-drug laws do not permit an exception for medical
cannabis and rejected the common-law medical necessity defense to crimes enacted under
the Controlled Substances Act because Congress concluded cannabis has "no currently
accepted medical use" when the act was passed in 1970.
Gonzales v. Raich 545 U.S. 1 (2005) was a decision in which the U.S. Supreme Court ruled
(6-3) that even where persons are cultivating, possessing, or distributing medical cannabis in
accordance with state-approved medical cannabis programs, such persons are violating
federal marijuana laws and can therefore be prosecuted by federal authorities because the
Commerce Clause of the United States Constitution permits federal authorities (pursuant to
the Controlled Substances Act) to prosecute any and all offenses of federal marijuana laws.
The respondents argued that because the cannabis in question had been grown, transported,
and consumed entirely within the state of California, pursuant to California medical cannabis
laws, their activity did not implicate interstate commerce and as such, could not be
legitimately regulated by the federal government through the Commerce Clause. The
Supreme Court disagreed, reasoning that cannabis grown for medical purposes is
indistinguishable from illicit marijuana and that, because the intrastate medical cannabis
market contributes to the interstate illicit marijuana market, the Commerce Clause applies.
Even where persons are using medical cannabis in full compliance with state law, those
persons can still be punished by federal authorities for violating federal law.
STATE LAWS:
Starting in the 1970s, many places in the United States started to abolish state laws and
other local regulations that banned possession or sale of cannabis. In 1970 the United States
Congress repealed mandatory penalties for cannabis offenses and The Comprehensive Drug
Abuse Prevention and Control Act separated cannabis from other illicit narcotics and
removed mandatory sentences for possession of small amounts of cannabis. In 1972
President Nixon commissioned a comprehensive study from the National Commission on
Marijuana and Drug Abuse. The Commission found that the constitutionality of cannabis
prohibition was suspect and that the executive and legislative branches had a responsibility to
Page 4 of 4
obey the Constitution, even in the absence of a court ruling to do so. The study's
recommendations were not implemented.
Cannabis is a Schedule I drug according to the Controlled Substances Act of 1970, which
classified cannabis as having high potential for abuse, no medical use, and not safe to use
under medical supervision. Currently 16 states and Washington D.C. have legalized the use
of medical marijuana, and hemp products are sold widely in the U.S. today. Specifically,
Alaska, Arizona, California, Colorado, Hawaii, Maine, Maryland, Michigan, Montana, Nevada,
New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington have enacted
legislation allowing the medical use of cannabis by their citizens. An estimated 35,000
patients are currently using medical cannabis legally in these states, and over 2,500 different
physicians have recommended it for use by their patients. In June of 2010, the Oregon
Board of Pharmacy reclassified marijuana from a Schedule I drug to a Schedule II drug.
DRUG CLASSIFICATION:
In the past 40 years the Second Circuit Court of Appeals has denied applications five times to
reclassify marijuana to a Schedule II drug. The Controlled Substances Act provides a
process for rescheduling controlled substances by petitioning the Drug Enforcement
Administration. The first petition under this process was filed in 1972 to allow cannabis to be
legally prescribed by physicians. The petition was ultimately denied after 22 years of court
challenges, although a pill form of cannabis' psychoactive ingredient, THC, was rescheduled
in 1985 to allow prescription under schedule II. In 1999 it was again rescheduled to allow
prescription under schedule III. A second petition, based on claims related to clinical studies,
was denied in 2001. The most recent rescheduling petition was filed by medical cannabis
advocates in 2002 and, as of May 2010, was being reviewed by the Obama administration.
The Controlled Substances Act also provides for a rulemaking process by which the United
States Attorney General can reschedule cannabis administratively. These proceedings
represent the only means of legalizing medical cannabis without an act of Congress.
LOCAL LEGISLATION/RECENT ACTIONS BY THE GOVERNOR
What other communities have adopted regulations? In compliance with E2SSB 5073 the
City of Issaquah adopted agenda bill 6329 allowing the establishment of collective gardens in
some zoning districts(a copy of this resolution is attached). There are currently 4 petitions to
the State of Washington that address the use of cannabis. These petitions have not yet been
assigned initiative numbers. To be certified a petition must contain the signatures of at least
241, 153 registered voters. Staff will provide updates to the Commission as the initiatives are
assigned numbers and the complete text of the initiatives is made available. It is likely that at
least one of these initiatives will be on the ballot in November of 2012.
Discussion
To assist in the Commission’s discussion, staff has developed the following quesitons:
What are the legal ramification of adopting legislation as directed by the State bill?
What are the potential impacts of the pending legislation at the State and Federal level?
I(
f
RESOLUTION NO. 4 7 0 1
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, ESTABLISHING
A MORATORIUM ON ACCEPTANCE OF
APPLICATIONS FOR LICENSES, PERMITS AND
APPROVALS FOR MEDICAL MARIJUANA
DISPENSARfES
WHEREAS, there is legislation before the Washington State legislature
that would allow medical marijuana dispensaries and collective growing
operatioris subject to reasonable zoning requirements; and
WHEREAS, as used in this. Resolution, "medical marijuana dispensary"
shall mean any individual, business, corporation, cooperative, or other entity or
establishment that: 1) sells marijuana to a qualifying patient as defined in
Chapter 69.51A RCW; dispenses marijuana,to more than one qualifying patient.
in any thirty (30) day period or to any person who does not meet the definition of
qualifying patient" under the tecros of Chapter 69.51A RCW; or 3) maintains
more than one one-month supply for one qualifying patient on the premises at
any time. The receipt of cash or other consideration as a condition of, in
exchange for, contemporaneously with, or immediately following the delivery of
marijuana, shall be presumed to be a sale; and
WHEREAS, the City of Auburn does not currently have a specfic
provision in its zoning and land use codes addressing the use of property for a
medical marijuana dispensary; and
WHEREAS, in conformity with the responsibilities of the Ciiy of Auburn to.
provide for zoning and land use regulations pursuanf to state law, and the City's
Resolution No. 4701
April 6, 2011
Page 1 of 6
authority to regulate land use activity within its corporate limits, the City intends to
develop appropriate zoning and land use regulations for medical marijuana
dispensaries; and
WHEREAS, the City Council finds that the secondary impacts associated
with
I
medical marijuana dispensaries could include crimes against the
dispensaries themselves as a result of the case and drugs maintained on the
site, increased criminal activity in areas around the dispensaries, loss of revenue
for neighboring businesses, and exposure to minors; and
WHEREAS, the Cify . Council further finds that indiscriminate and
inappropriately placed medical marijuana dispensaries may result in diminution of
real estate property values, and may, as well, r.esult in adverse impacts to the
affected neighborhoods, and
WHEREAS, to avoid or minimize the potential negative impacts of any
future use of property for such medical marijuana dispensaries in the City of
1
Auburn, it will be necessary for there to be regulations in place to 1) properly
review and assess the impacts a dispensary may.;have on the City and the
immediate neighborhood; and 2) determine reasonable and appropriate
measures to be taken to mitigate those identified negative impacts; and
0
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 inedication marijuana dispensaries, the City
needs time to complete such reviews and put into place such regulations prior to
Resolution No. 4701
April 6, 2011
Page 2 of 6
accepting applications for licenses permits and approvals for the operation of
medical marijuana dispensaries; and
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,
operation, and processing of applications for medical marijuana dispensaries, to
act as a stop-gap measure in order to 1) to provide the City with an opportunity to
study the issues concerning the siting of such dispensaries and prepare
appropriate revisions to the City's codes and regulations; and 2) to protect the
health, safety and welfare of the citizens of Auburn by ameliorating negative
impacts of dispensaries; and
WHEREAS, consistenf with the provisions of RCW 35A.63.220, it is
appropriate for the City 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 to implement a work
plan for review of the medical marijuana dispensary related issues in the
development of the City's dispensary business and land use regulations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Resolution No. 4701
April 6, 2011
Page 3 of 6
Section 1. Moratorium Established. Pursuant to RCW 35A.63.220, a
moratorium is hereby imposed prohibiting medical marijuana dispensaries in all
zoning districts in the City of Aubum.
Secfion" 2. Term of Moratorium. 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 modfied by the city
Council after subsequent public hearing(s) and entry of appropriate findings of
fact pursuant to RCW ,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 inedical marijuana
dispensaries in the City of Auburn.
Section 3. Preliminary Findings. The following preliminary findings
of fact are hereby adopted:
A.That medicaf marijuana dispensaries have the potential for
significant impacts on neighborhoods and the community
B.That because of the potential impacts of these dispensaries,
special care. and attention needs to be employed in developing
appropriate legislation that satisfactorily addresses the concems of
the City while also conforming to legal requirements.
C.It is appropriate to collect and compile documentation, information,
testimony and statements of concerned cifizens of the City and of ,
other persons interested in or familiar with the issues of transitory
accommodations and their impacts to fully explore ways to protect
the City and its citizens from the adverse impacts of inedical
marijuana dispensaries.
Section 4. Work P9an.. The following work plan is adopted to address
the issues involving medical marijuana dispensary regulations:
Resolution No. 4704
April 6, 2011
Page 4 of 6
A.That the City of Aubum Planning 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 d ocu mentation or evidence related to the issue
of inedical marijuana dispensaries. .
B.That the Planning Commission and City staff are authorized and
directed to review the experiences of other jurisdictions, the status
of legal cases, and statistical data, information, studies and other
evidence compiled by other municipalities, of adverse impacts of
medical marijuana dispensaries, and to review the regulations,
ordinances and codes adopted and implemented by other
municipalifies to address medical marijuana dispensary land uses,
and any other information that is pertinent to medical marijuana
dispensaries.
C.That the City of Auburn Planning Commission shall work with City
staff and the citizenry of the City to develop proposals.for regulation
of inedical marijuana dispensary land uses and zoning
considerations, to be forwarded in their recommendations to the
City Council for inclusion in ordinances and ultimate adoption as a
part of the City Code of the City of Auburn:
D.That the Mayor, in consultation with the City Attorney, Planning &
Development Director, the Police Chief and other staff, shall
periodically advise the City Council as to the sfatus of hearings,
meetings and information development regarding activities of the
Planning Commission and City staff relative to transitory
accommodation land uses; with such reports to be scheduled
approximately every six (6) montfis oc as appropriate throughout
the period of the moratorium, and any extensions thereof, until
adoption of a comprehensive ordinance as developed, relating to
medical marijuana dispensary land uses becoming effective in
conjunction with the termination of the moratorium referred to in this
resolution.
Section S. Public Hearing. A public hearing shall be scheduled for
7:30 p.m. or as soon thereafter as the matter may be heard; on the 6th day of
June, 2011, in City Council Chambers, 25 West Main Street, Aubum,
Resolution No. 4701
April 6, 2011
Page 5 of 6
Washingfon 98001, to hear and consider the comments and testimony of those
wishing to speak at such public hearing regarding the moratorium.
Section 6. Severability.lf any sections, sentence, clause or phrase ofi
this Resolution shall be held to be invalid or unconstitutional by a. court of
competent jurisdiction, or its application held inapplicable to any person, property
or circumstance, such invalidity or unconstitutionality or inapplicability shall not
effect the validity or constitutionality of any other section, sentence, clause or
phrase of this Resolution or its application to any other person, property.or
circumstance.
Section 7. Effective Date.That this Resolution shall take effect
and be in full force upon passage and signatures hereon.
w~
Dated and Signed this day of 2011.
CI O
PETER B. LEWIS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APP S TO F
Daniel B. Heid, City Attorne
Resolution No. 4701
April 6, 2011
Page 6 of 6-
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 andor 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 Citys 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 onsite 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
Page 1 of 6
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 US 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
V1HEREAS 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
Resolution No 4739
Augusf 3 2011
Page 2 of 6
WHEREAS RCW 35A63220 and 3670A390 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 35A63220 it is appropriate
for the Gity Council to hold public hearings and to authorize the holding of public
hearings andor 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
V1ASHINGTON HEREBY RESOLVES as follows
Section 1 GlAoratorium Established Pursuant to RCW 35A63220 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 hearings and entry of appropriate findings of fact pursuant to RCW
Resolution No 4739
August 3 2011
Page 3 of 6
35A63220 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 PrelirhinarvFindinas 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 toprotect 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 Planning 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
Resolution No 4739
August 3 2011
Page 4 of 6
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 730 pm
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 SLEWIS
MAYOR
Resolution No 4739
August 3 2011
Page 5 of 6
ATTEST
Danielle E Daskam City Clerk
APPROVED AS TO FORM
D iel B ity ttomey
Published tJ A
Resolution No 4739
August 3 2011
Page 6 ofi6
CITY COUNCIL
AGENDA BILL
UPDATED AB 6329
December 5, 2011
Regular Business
(1) CREATING A NEW CHAPTER 5.18 COLLECTIVE
GARDEN SAFETY LICENSES AND A NEW SECTION
18.07.515 COLLECTIVE GARDENS; (2) AMENDING
THE FOLLOWING SECTIONS OF THE ISSAQUAH
MUNICIPAL LAND USE CODE TO ACCOMMODATE
COLLECTIVE GARDENS: 1.36.030 ENFORCEMENT,
18.02 DEFINITIONS AND 18.06.130 TABLE OF
PERMITTED LAND USES; (AND, (3) SETTING A NEW
EXPIRATION DATE FOR THE MORATORIUM
PROHIBITING THE ESTABLISHMENT OF
COLLECTIVE GARDENS
Proposed Council Action:
Adopt Ordinance
DEPARTMENT OF Planning, (Mark Hinthorne)
COUNCIL COMMITTEE LIAISON Eileen Barber
OTHER COUNCIL MEETINGS June 20 and July 18, 2011 (AB 6280)
November 7, 2011 (AB 6329)
EXHIBITS A. Proposed Amendments in Legislative Format
B. PPC Findings of Fact
C. Map of Required Separation (PPC Recommendation)
D. Map of Required Separation (Administration Recommendation)
E. PPC Meeting Minutes, October 13, 2011
F. Proposed Ordinance
G. Updated Ordinance (As Recommended by the Committee)
H. Optional Ordinance Reflecting Recent Case Law (Not Reviewed
by Committee)
I. Updated Proposed Amendments in Legislative Format
J. Updated Map of Required Separation
K. Responses to Council Services and Safety Committee questions
(Exhibits A-F were previously distributed.)
Comp Plan Policy Nos. EV-5 & EV-5.1.1 Expenditure Required
Consistent Yes $ 0
Explanation Provided Page 2 Amount Budgeted
Other Policies $ 0
SUMMARY STATEMENT
Recent Legislative Action: The state legislature passed Engrossed Second Substitute Senate Bill 5073 on April
22, 2011. E2SSB 5073 was partially approved by the Governor on April 29, 2011 and the following approved
provisions took effect on July 22, 2011:
1. Up to ten qualifying patients may join together and have a collective garden with a maximum of 45
marijuana plants.
2. A minimum of 15 days must elapse before a qualified provider can switch from being the provider for one
qualified patient to another qualified patient. (This change addresses the argument used by some
dispensaries to justify providing cannabis to multiple patients, one after another.)
Page 2
3. E2SSB 5073 specifies that nothing “precludes a qualifying patient or designated provider from engaging in
the private, unlicensed, noncommercial production, possession, transportation, delivery, or administration
of cannabis for medical use” so long as they are in compliance with other applicable sections of the
medical marijuana laws, such as not possessing more than 24 ounces or having 15 plants.
4. Medical marijuana gardens cannot be open to the view of the general public (individual gardens cannot be
visible from the public right-of-way).
The Governor vetoed provisions in the legislation regarding the licensing of producers, processors and
dispensers, and establishing a state registry for patients, providers and collective gardens.
Zoning and Business Regulations: The legislation also provides that cities may adopt and enforce zoning
regulations, business license requirements and business taxes for collective gardens.
The Municipal Research and Services Center for Washington notes that even with these changes, “...the state
medical marijuana statutes are vague, it is unclear whether a jurisdiction has the authority (or obligation) to
issue a business license. The statutes are silent in regard to whether providers can even sell marijuana. A
local government will also need to consider appropriate locations for such businesses…”
Other State Laws: The state Uniform Controlled Substances Act is codified as Chapter 69.50 RCW. Among
other things, penalties for violating that chapter are doubled when the offense occurs within a school, within
1,000 feet of the perimeter of school grounds, or within a park (RCW 69.50.435). This section is generally
regarded as the school “drug-free zone” law.
Chronology:
June 20, 2011 The City Council adopts interim Ordinance 2616, establishing a moratorium on collective
gardens (AB 6280).
July 18, 2011 The City Council holds a public hearing on the collective garden moratorium and adopts
Ordinance 2619 (AB 6280) establishing January 11, 2012 as the expiration date for the
moratorium and directing the Administration to prepare an Ordinance authorizing
collective gardens in accordance with state law.
September 8, 2011 Planning Policy Commission (PPC) Workshop to discuss proposed Medical Marijuana
Collective Gardens amendments.
September 12, 2011 Council Services & Safety Committee receives an update on the collective gardens
amendments.
September 13, 2011 Council Land & Shore Committee receives an update on the collective gardens
amendments.
October 10, 2011 Council Services & Safety Committee reviews the proposed collective gardens
amendments (Exhibit A).
October 13, 2011 PPC Review, Public Hearing, and Recommendation (Exhibit B) to City Council on
proposed Medical Marijuana Collective Gardens amendments.
CONSISTENCY WITH COMPREHENSIVE PLAN:
Objective EV-5 Ensure that the development review and permit process is clear, predictable and certain.
Process applications in a consistent manner, and ensure that development requirements are
explicit and up to date.
Policy EV-5.1.1 Ensure that the Land Use Code and other development regulations are updated to be
consistent with the City's land use goals and policies;
PLANNING POLICY COMMISSION’S RECOMMENDATION:
The Planning Policy Commission (PPC) recommends approval of the proposed amendments as shown in
Exhibit A. A map showing the separation requirements recommended by PPC is shown in Exhibit C.
ADMINISTRATION’S RECOMMENDATION:
The Administration concurs with the PPC’s recommendation with the following changes:
A. Increase the separation requirement for collective gardens from parks 500 feet to 750 feet; and,
B. Increase the separation requirement from daycares and preschools from 500 feet to 1,000 feet. (Note
that the Land Use Code equates preschools with daycares; see Chapter 18.02 IMC Definitions) An
alternative would be to not require any separation between collective gardens and preschools/daycares.
Page 3
Exhibit D shows the separation requirements proposed by the Administration.
UPDATE:
The Council Services & Safety Committee met on November 14, 2011, to review AB 6329. After
discussion, a majority of the Committee recommended approval of the proposed amendments as
recommended by the Planning Policy Commission, with the following change:
1. Increase the separation requirement for collective gardens from community centers from 500 feet
to 1,000 feet.
A minority of the Committee recommended approval of the proposed amendments as recommended by
the Administration.
The Committee also requested that the Administration answer the following questions prior to the
December 5, 2011, City Council meeting:
1. Does the City have authority under existing ordinances to impose taxes on medical marijuana
collective gardens?
2. Can the City require a background check on all employees or other workers of a collective garden
and not just the applicant for a Collective Garden Safety License?
The Administration’s response to these questions is shown in Exhibit K. This exhibit was reviewed by
the City Attorney and his comments reflecting recent case law are underlined. An Optional Ordinance
(Exhibit H) reflecting this new information has been prepared for Council consideration. An alternative
has also been added below should the Council decide to refer this issue back to the Council Services
and Safety Committee for further review. An Agenda Bill setting a public hearing for January 3, 2012 to
consider extending the moratorium on collective gardens has been prepared, should that action
become necessary.
The Committee requested that this item be placed on Regular Business for the December 5, 2011, City
Council meeting.
ALTERNATIVE(s):
Following are alternatives to the Planning Policy Commission recommendation:
1. Approve the amendments recommended by the PPC with one or both changes recommended by the
Administration; and/or
2. Approve the amendments recommended by the PPC with one or more additional changes;
3. Do not approve the amendments / do not amend the Municipal Code (Note: If the proposed
amendments are not approved, the Administration will apply state law and any applicable existing city
codes if a business license and/or other permit application is received for a collective garden.)
Following are alternatives for agenda bill review:
4. Refer the proposed amendments back to the Planning Policy Commission with specific Council direction
[Impact: This alternative may require further Council action consistent with state law to extend the
moratorium past January 11, 2012.]
5. Approve the amendments recommended by the PPC without referral to committee.
6. Refer AB 6329 to the Council Services and Safety Committee for further review and recommendation,
returning to the full Council on January 3, 2012.
RECOMMENDATION
Administration/Planning Director:
MOVE TO: Refer AB 6329 to the November 14, 2011 Council Services and Safety Committee meeting for
review and recommendation, returning to the full Council on December 5, 2011.
Alternative motion if approving amendments without referral to committee:
MOVE TO: Adopt Ordinance No. _______ amending the Issaquah Municipal Code including: IMC 1.36.030
Enforcement; IMC Title 5 Business Taxes, Licenses, and Regulations; Chapter 18.02 IMC
Page 4
Definitions, IMC 18.06.130 Table of Permitted Land Uses, and Chapter 18.07 IMC Required
Development and Design Standards; establishing a new expiration date for the moratorium
prohibiting the establishment of collective gardens enacted by Ordinance 2619; and providing for
severability.
Council Services & Safety Committee/Eileen Barber, Chair:
MOVE TO: Adopt Ordinance No. ___________ regulating Collective Gardens; adding new definitions to
Chapter 18.02; adding a new Section 18.07.515 providing for the regulation of Collective
Gardens, requiring separation and security; adding a new Chapter 5.18 to be entitled “Collective
Garden Safety Licenses” and regulating the location and other attributes of Collective Gardens;
amending Section 1.36.030 to add a reference to violations of the Collective Garden Safety
License Chapter; amending the table of uses in Section 18.06.130 to restrict the location of
Collective Gardens; adding a footnote to the table in Section 18.04.100-3 to contain a reference
to Collective Gardens; adding a new Subsection K to Section 18.04.400 to require a Level 2
Review for Collective Gardens; repealing the moratorium established by Ordinance 2619;
providing for severability and an effective date.
AB 6329
Exhibit G
Page G-1
0010.90000
WDT
9/22/11
R:10/7/11gjz
R:10/27/11
R:11/1/11
R:11/22/11jmr
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF ISSAQUAH,
WASHINGTON, REGULATING COLLECTIVE GARDENS;
ADDING NEW DEFINITIONS TO CHAPTER 18.02; ADDING
A NEW SECTION 18.07.515 PROVIDING FOR THE
REGULATION OF COLLECTIVE GARDENS, REQUIRING
SEPARATION AND SECURITY; ADDING A NEW CHAPTER
5.18 TO BE ENTITLED “COLLECTIVE GARDEN SAFETY
LICENSES” AND REGULATING THE LOCATION AND
OTHER ATTRIBUTES OF COLLECTIVE GARDENS;
AMENDING SECTION 1.36.030 TO ADD A REFERENCE TO
VIOLATIONS OF THE COLLECTIVE GARDEN SAFETY
LICENSE CHAPTER; AMENDING THE TABLE OF USES IN
SECTION 18.06.130 TO RESTRICT THE LOCATION OF
COLLECTIVE GARDENS; ADDING A FOOTNOTE TO THE
TABLE IN SECTION 18.04.100-3 TO CONTAIN A
REFERENCE TO COLLECTIVE GARDENS; ADDING A NEW
SUBSECTION K TO SECTION 18.04.400 TO REQUIRE A
LEVEL 2 REVIEW FOR COLLECTIVE GARDENS;
REPEALING THE MORATORIUM ESTABLISHED BY
ORDINANCE 2619; PROVIDING FOR SEVERABILITY AND
AN EFFECTIVE DATE.
WHEREAS, on April 29, 2011, the Governor signed ESSB 5073, subject to vetos
of several sections of the bill, “the Act”, and
WHEREAS, the Act became effective on July 22, 2011 and allowed certain
qualified patients the ability to form collective gardens under certain terms for the purpose of
producing, processing, transporting, and delivering cannabis for medical use subject to certain
AB 6329
Exhibit G
Page G-2
conditions, and
WHEREAS, under the Act, cities may adopt and enforce zoning requirements and
health and safety requirements pertaining to the production, processing, or dispensing of
cannabis or cannabis products within their jurisdiction; and
WHEREAS, on June 20, 2011, the Issaquah City Council enacted a moratorium
on location of collective gardens pending review by the Planning Policy Commission, and
WHEREAS, the Issaquah City Council held a public hearing on July 18, 2011,
and following the public hearing continued the moratorium on collective gardens and established
a termination date for the moratorium, and
WHEREAS, the Planning Policy Commission has held hearings on September 22
and October 13, 2011, and has forwarded its recommendations to the City Council, and
WHEREAS, the City Council desires to regulate collective gardens as provided
herein, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF ISSAQUAH, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Definitions
Section 18.02.050 Definitions – C
: Chapter 18.02 of the IMC is hereby amended to add the
following definitions:
Cannabis: All parts of the plant Cannabis, whether growing or
not; 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. For the purpose of
this chapter, “cannabis” does not include the mature stalks of the
plant, fiber produced from the stalks, oil or cake made from the
seeds of the plant, fiber produced from the stalks, oil or cake made
from the seeds of the plant, any other compound, manufacture, salt,
derivative, mixture, or preparation of the mature stalks, except the
resin extracted therefrom, fiber, oil, or cake, or the sterilized seed
AB 6329
Exhibit G
Page G-3
of the plant which is incapable of germination. The term
“cannabis” includes cannabis products and useable cannabis.
Cannabis products
: Products that contain cannabis or cannabis
extracts, have a measurable THC concentration greater that three-
tenths of one percent, and are intended for human consumption or
application, including, but not limited to, edible products, tinctures,
and lotions. The term “cannabis products” does not include useable
cannabis. The definition of “cannabis products” as a measurement
of THC concentration only applies to the provisions of this chapter
and shall not be considered applicable to any criminal laws related
to marijuana or cannabis.
Cannabis, usable
: Dried flowers of the Cannabis plant having a
tetrahydrocannabinol (THC) concentration greater than three-
tenths (3/10) of one percent (1%) per weight or volume. Useable
cannabis excludes stems, stalks, leaves, seeds and roots. For
purposes of this definition, “dried” means containing less than
fifteen percent (15%) moisture content by weight. The term
useable cannabis does not include cannabis products.
Collective garden
: The growing, production, processing, and/or
delivery of cannabis for medical use by up to ten collective
members as set forth in Chapter 69.51A RCW and subject to the
limitations therein and in this ordinance. Each collective garden
shall have no more than forty five (45) plants and twenty four (24)
ounces of usable cannabis per patient, up to a maximum of seventy
two (72) ounces of usable cannabis on site. As used herein any
constituent part of a collective garden shall be considered as a
collective garden.
Collective member
: Up to ten qualifying patents with membership
in a single collective garden.
18.02.150 Definitions – M
Marijuana
: All parts of the plant Cannabis, whether growing or
not. See also Cannabis.
Medical marijuana collective garden
: See Collective garden.
18.02.190 Definitions – Q
Qualifying patient
: A person who:
A. Is a patient of a health care professional; and
AB 6329
Exhibit G
Page G-4
B. Has been diagnosed by that health care professional as
having a terminal or debilitating medical condition; and
C. Is a resident of the state of Washington at the time of such
diagnosis; and
D. Has been advised by that health care professional about the
risks and benefits of the medical use of marijuana; and
E. Has been advised by that health care professional that they
may benefit from the medical use of marijuana. The term
“qualifying patient” does not include a person who is actively
being supervised for a criminal conviction by a corrections agency
or department that has determined that the terms of this chapter are
inconsistent with and contrary to his or her supervision and all
related processes and procedures related to that supervision.
F. Possesses “valid documentation” of meeting the above
criteria as defined in Chapter 69.51A RCW.
Section 2. A new section 18.07.515 is hereby added to the IMC to read as
follows:
18.07.515 Collective Gardens
A. Purpose:
The purpose of this section is to minimize the
impacts of collective gardens on surrounding properties and ensure
public safety.
B. Membership
: Collective Gardens shall not exceed ten (10)
members, and each member shall be a qualifying patient.
C. General Requirements
:
1. A collective garden shall be entirely within a permanent
enclosed structure with a roof. The structure shall comply with the
City of Issaquah building codes and any other applicable codes.
2. No horticulture production, processing or delivery of
cannabis shall be visible to the public.
3. A collective garden shall obtain a valid city collective
garden safety license.
AB 6329
Exhibit G
Page G-5
4. Application Requirements
: An application for a collective
garden shall include the following information in addition to the
application requirements for a Level 2 Administrative Site
Development Permit (ASDP):
a. The application shall be made by a qualifying patient and
include valid documentation of that status as described in Chapter
69.51A RCW.
b. The applicant shall have a background check administered
by the Issaquah Police Department to ensure that the applicant has
not been convicted of a felony for a drug law violation within the
past ten (10) years. This background check may be combined with
the background check required for a Collective Garden Safety
License by IMC 5.18.070 Background Check provided the
applicant for the ASDP and Collective Garden Safety License are
the same person(s);
c. A map drawn to scale showing all collective gardens,
community centers, and schools, within 1,000 feet and parks,
preschools, and day care centers within 500 feet of the parcel
proposed for the collective garden. A survey map showing these
features prepared by a surveyor licensed in the state of Washington
may be required by the Planning Director/Manager.
5. The City shall have the authority to inspect the site for
compliance with all applicable permits at any time during regular
business hours.
D. Separation Requirements
:
1. No collective garden shall be permitted within one-
thousand (1,000) feet of any other collective garden.
2. Only one (1) collective garden is permitted on any one site.
3. The growing functions of a collective garden shall be
separated from where the cannabis or cannabis products are
processed and delivered to the qualified patients of a collective
garden by at least one-thousand (1,000) feet.
4. No collective garden shall be permitted within one-
thousand (1,000) feet of any community center or school.
5. No collective garden shall be permitted within five hundred
(500) feet of any park, preschool, or daycare.
AB 6329
Exhibit G
Page G-6
6. Measurement
: The measurement shall be taken in a straight
line from the point on the property line of the uses specified in this
section closest to the collective garden to the nearest physical point
of the tenant space or structure housing a collective garden.
7. A use specified in this subsection shall not benefit from the
separation requirements of this subsection if the use chooses to
locate within the required separation distance from a lawfully
located collective garden. A collective garden is lawfully located if
it has located within the City in accordance with the requirements
of this section.
E. Security Requirements
: A collective garden shall:
1. Have installed, prior to issuance of a Collective Garden
Safety License, an operational security system that is monitored 24
hours a day; and
2. Have installed, prior to issuance of a Collective Garden
Safety License, an operational security camera system which
retains recordings from all installed cameras for a period of not
less than sixty (60) days; and
3. Comply with the Crime Prevention Through Environmental
Design (CPTED) regulations in Appendix 2 of Chapter 18.07 IMC
Required Development and Design Standards, to the extent
possible as determined by the Planning Director/Manager.
F. Signage
: All signs shall comply with the Issaquah Sign
Code, Chapter 18.12 IMC.
Section 3. A new chapter 5.18 is hereby added to the IMC to read as follows:
Chapter 5.18
Collective Garden Safety Licenses
5.18.010 Definitions
A. “Person” means one or more natural persons of either sex,
corporations, partnerships, associations or other entities capable of
having an action at law brought against such entity, but shall not
include employees of persons licensed pursuant to this chapter.
B. “Collective garden” means the growing, production,
processing, and/or delivery of cannabis for medical use by up to
AB 6329
Exhibit G
Page G-7
ten collective members as set forth in Chapter 69.51A RCW and
subject to the limitations therein and in this ordinance. Each
collective garden shall have no more than forty five (45) plants and
twenty four (24) ounces of usable cannabis per patient, up to a
maximum of seventy two (72) ounces of usable cannabis on site.
As used herein any constituent part of a collective garden shall be
considered as a collective garden.
5.18.020 Collective Garden Safety License required.
It is unlawful for any person to conduct, operate, or engage in a
collective garden in the City unless the person is a member of the
collective garden and unless the collective garden has first
obtained a currently valid Collective Garden Safety License from
the City. No more than one (1) collective garden may operate on a
single premise.
5.18.030 Application procedure
A. Applicants for a license under this chapter must file with
the Planning Director/Manager an application in writing on a form
to be furnished by the Planning Department.
B. All applicants, who must be a member of the collective
garden, must supply the following information:
1. Name, date of birth, valid driver’s license(s);
2. Name, physical address, mailing address, and phone
number of the collective garden;
3. Whether or not the applicant(s) has ever been convicted of
a crime related to the drug laws, and if so, the details thereof;
4. Fingerprints for a background check; see IMC 5.18.070
Background Check, below;
5. File number of an Administrative Site Development Permit
(ASDP) application for the collective garden;
6. Any other information as may be required by the Planning
Director/Manager, or his/her designee.
C. Application for a collective garden license shall be
accompanied by the proper fee.
AB 6329
Exhibit G
Page G-8
D. The Planning Director/Manager shall approve or deny the
license. If an application is denied by the Planning
Director/Manager, the reason for denial shall be stated.
E. Neither the filing of an application for a license, or the
renewal thereof, nor the payment of any application or renewal fee,
shall authorize a person to engage in or conduct a collective garden
until such license has been granted or renewed.
5.18.040 License application form
The collective garden safety license application shall contain the
provision that additional permits or licenses may be necessary
before the collective garden can commence operation.
5.18.050 Term of license
A collective garden safety license shall be valid for one (1) year
from the date of issuance.
5.18.060 Fees
A. The fee for each license required by this chapter shall be
three-hundred fifty ($350.00). The fee for renewal of the license
shall be one-hundred forty dollars ($140.00) per year.
B. Any person required to have or obtain a Collective Garden
Safety License who fails to obtain and pay the license fees within
30 days of notice, in addition to any other penalties provided in
this chapter, shall be assessed a $25.00 late fee.
5.18.070 Background check
A. An applicant applying for Collective Garden Safety
License shall submit fingerprints and appropriate fees as
established by the Issaquah Police Department to the City. The
City will submit the prints to the Washington State Patrol and the
Federal Bureau of Investigation. Upon receipt of the fingerprints
and the appropriate fees, the Washington State Patrol will compare
the subject’s fingerprints against its criminal database and submit
the fingerprints to the Federal Bureau of Investigation for a
comparison with nationwide records. The results of the
Washington State Patrol and Federal Bureau of Investigation’s
check will be returned to the City. Upon receipt of the results, the
City will decide whether the applicant has had a felony conviction
within the past 10 years for an offense directly related to the permit
AB 6329
Exhibit G
Page G-9
request for a Collective Garden.
B. The Planning Director/Manager shall deny a license if the
background check shows that the applicant(s) has been convicted
of a felony related to drug laws within the past ten (10) years.
5.18.080 Security and other permit requirements
Prior to issuance of a license under this chapter, a collective garden
shall:
A. Have installed an operational security alarm system that is
monitored 24 hours a day; and
B. Have installed an operation security camera system which
retains recordings from all installed cameras for a period of not
less than sixty (60) days.
C. Have approval of any required additional permits such as,
but not limited to, an Administrative Site Development Permit,
building permit and other construction permits, and show
compliance with conditions of approval.
5.18.090 Ineligible activities
The granting of a collective garden safety license shall not be
construed as the City’s authorization of any person to engage in
any activity prohibited by federal, State or local law or regulation.
5.18.100 Revocation or suspension of license – Grounds
The Planning Director/Manager, or his/her designee, may, at any
time, suspend or revoke any license issued under the provisions of
this chapter whenever the licensee, or any officer, employee or
partner thereof:
A. Has violated any State or City statute, law, regulation or
ordinance upon the collective garden premises stated in the license
or in connection with the collective garden stated in the license,
whether or not the licensee, or officer or partner thereof, has been
convicted in any court of competent jurisdiction of such violation;
or
B. Has maintained or permitted the collective garden stated in
the license to be conducted, engaged in or operated in such manner
as to constitute a public nuisance or in violation of any City
AB 6329
Exhibit G
Page G-10
regulation; or
C. Has been convicted of a felony related to drug laws within
the past ten (10) years; or
D. Has made any material false statement or representation in
connection with obtaining the license.
5.18.110 Appeals
Appeals from any denial, revocation, or suspension shall follow
the procedures in IMC 5.02.100.
5.18.120 Penalty
Any person violating any of the provisions of this chapter shall be
guilty of a civil infraction and, upon conviction, shall be punished
in accordance with the provisions set forth in IMC 1.36.030(A). As
to violations of IMC 5.18.020 Collective Garden Safety License
Required, the Code Enforcement Officer and the City Prosecuting
Attorney shall have the discretion, pursuant to IMC 1.36.030(C), to
file such violations as civil infractions or criminal misdemeanors.
With respect to any fine imposed upon conviction of either a civil
infraction or a criminal misdemeanor, $250.00 of the fine shall not
be suspended or deferred.
Section 4. Civil Infraction
5.18.020 Collective Garden Safety License required - $250
. Section 1.36.030 of the IMC is hereby amended to
add the following to the schedule of penalties:
Section 5. Permitted Use
Section 6.
. The table of permitted uses in IMC 18.06.130 is
hereby amended to add collective gardens as a permitted use in commercial zoning districts, as
set forth in Exhibit A.
Changes of Use: Table 18.04.100-3 of the IMC is hereby amended to
add the following footnote:
Specified Uses: Changes of Use for a collective garden, adult
entertainment facility, or secure community transition facility are
reviewed as listed in IMC 18.06.130, Table of Permitted Land
Uses, regardless of the previous use.
AB 6329
Exhibit G
Page G-11
Section 7. Levels of Review
K.
. Section 18.04.400 of the IMC is hereby amended
to add a new subsection K as follows and to reletter the existing subsections from L to N
accordingly:
Collective Gardens
: Level 2 Review is required for
collective gardens regardless of their street location or parcel size
including parcels greater than fifteen (15) acres.
Section 8. Severability
Section 9.
. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Repeal of Ordinance 2619.
Section 10.
Ordinance 2619, passed by the City
Council on July 18 , 2011, is hereby repealed.
Effective Date
Passed by the City Council of the City of Issaquah, the _______ day of
_________________, 2011.
. This ordinance or a summary thereof consisting of
the title shall be published in the official newspaper of the City, and shall take effect and be in
full force five (5) days after publication.
Approved by the Mayor of the City of Issaquah the _______ day of
_________________, 2011.
APPROVED:
AVA FRISINGER, MAYOR
ATTEST/AUTHENTICATED:
CHRISTINE EGGERS, CITY CLERK
AB 6329
Exhibit G
Page G-12
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
WAYNE D. TANAKA
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
Exhibit A
AB 6329
Exhibit G
Page G-13
Permitted Land Uses
18.06.130 Table of Permitted Land Uses
ZONING DISTRICTS
Land Uses CONSERVANCY/
RECREATION RESIDENTIAL COMMERCIAL FACILITIES MIN
C-Rec C-Res SF-E SF-S SF-SL SF-D MUR MF-M MF-H PO CBD R IC CF-F CF-R CF-OS M
AGRICULTURE/RESOURCE
Botanical Gardens, Arboretum 2 2 1 1 1 1 2 3
Collective Garden See Medical
Commercial or Public Greenhouses 2 2 1 2 1 1 2
Christmas Tree or Produce Stands, Vendors, Seasonal:
Temporary
See “Temporary Use”
Crop Production, Livestock, Orchards 2 2
Natural Resources Research 2 2 2 2 2 2
Hatchery, Fish/Fish Preserve Governed by Shoreline Master Program; see IMC 18.10.940
Hobby Farm 2 2
Horse Stables/Boarding/Riding Schools 2 2 2
Horticulture: Tree Farm 2 2 2
Kennel, Commercial/Boarding 2 2 2 25 5
Trailhead See Recreation
Veterinary Hospital/Clinic See Commercial: Medical
Unclassified Ag or Resource Use See Procedure for Unclassified Uses at IMC 18.06.050(B)(3)
MINERAL RESOURCE SIC # 4
Mineral Extracting 10,12,14 1,2 2
Asphalt/Concrete Mixing 2951/3271/3273 2,3 2
DISTRICT KEY:
C-Rec = Conservancy Recreation
C-Res = Conservancy Residential
SF-E = Single Family Suburban Estates (1.24 du/acre)
SF-S = Single Family Suburban (4.5 du/acre)
SF-D = Single Family Duplex (7.26 or 14.52 du/acre)
SF-SL = Single Family Small Lot (7.26 du/acre)
MUR = Mixed Use Residential
MF-M = Multifamily Medium Density (14.52 du/acre)
MF-H = Multifamily High Density (29 du/acre)
PO = Professional Office
CBD = Cultural and Business District
R = Retail Commercial
IC = Intensive Commercial
M = Mineral Resource
CF = Community Facilities
CF-OS = Open Space
CF-R = Recreation
CF-F = Facilities
FOOTNOTES KEY:
1 The mineral resource potential of any property within the City should be realized through predevelopment activities (clearing, grading and site preparation). In this regard, the City’s Comprehensive Plan Map
“Mineral Resources Lands” designates properties with mineral resource potential to be realized through predevelopment activities.
2 In accordance with IMC 18.04.400(J), permissible mineral resource activities in existence prior to August 2, 1999, are not subject to Level 2 Review.
3 Only as an accessory use to a primary mineral extraction use, or as a continuation of a mineral processing use established prior to August 2, 1999.
4 Mining, processing and reclamation of any type below the water table is prohibited in Class 1 and 2 CARA. In Class 3 CARA, these activities will be reviewed under development permit.
5 Outdoor accessory services and/or uses, see IMC 18.07.180, Animals – Veterinary clinics/boarding kennels/pet daycares.
PERMITTED USE & LEVEL OF REVIEW KEY:
0 = Level 0 Review; 1 = Level 1 Review*; 2 = Level 2 Review*; 3 = Level 3 Review, regardless of size/location of parcel; 4 = Level 4 Review; 5 = Level 5 Review; NO NUMBER = NOT PERMITTED
*Level 3 Review required if Level 1 or 2 proposal is ≥ three (3) acres and < fifteen (15) acres. Level 3 Review is also requi red for Level 1 or Level 2 proposals located on Front St., Sunset Way, NW Maple St.,
Newport Way, Gilman Blvd. (east of SR 900), SR 900, NW Sammamish Rd., East Lake Sammamish Parkway (ELSP), SE 56th Street west to one thousand two hundred (1,200) feet east of ELSP, Issaquah-Fall City
Road, Issaquah-Pine Lake Road SE, 228th Avenue SE, SE 43rd Way, West Lake Sammamish Parkway (WLSP) or any street or street segment that abuts and is generally parallel to Interstate 90 (I-90), or the site
abuts I-90; see Chapter 18.04 IMC Procedures for details on levels of review; provided, that this provision shall not apply to property subject to the IMC 18.19.030 Olde Town Design Standards. The level of review
designated on the Table of Permitted Land Uses is required for property subject to the Olde Town Design Standards.
*Level 5 Review required if project is > fifteen (15) acres.
Critical Aquifer Recharge Areas/Well Head Protection – Any proposed uses within critical aquifer recharge areas that have the potential to degrade water quality in the CARA may be prohibited, or conditioned as
established in IMC 18.10.796 Critical Aquifer Recharge Areas (CARAs) and Chapter 13.29 IMC Groundwater Quality Protection Standards.
Exhibit A
AB 6329
Exhibit G
Page G-14
ZONING DISTRICTS
Land Uses CONSERVANCY
/RECREATION RESIDENTIAL COMMERCIAL FACILITIES MIN
C-Rec C-Res SF-E SF-S SF-SL SF-D MUR MF-M MF-H PO CBD R IC CF-F CF-R CF-OS M
INDUSTRIAL/INTENSIVE COMMERCIAL (Continued)
Manufacturing, Light (indoor and 30,000 sq. ft. or less) 3 3 1
Manufacturing, General 1
Machine Shop 1
Printing and Publishing 2 2 2 1 1
Raw Materials Processing (wood, metal, etc.)1 2
Recycling Center1 2 32
Research and Development Lab 3 2
Sand Blasting 3
Storage, Outdoor 2
Storage, Self (completely enclosed)1,3 3 2 1
Welding Shop 1
Unclassified Industrial/Intensive Use See Procedure for Unclassified Uses at IMC 18.06.050(B)(3)
MEDICAL
- Ambulance/Emergency Facility (private) 2 2 2 1
- Collective Garden7 2 2 2 2
- Drugstore/Pharmacy See Retail/Service
- Hospital 3 3 2
- Medical and Dental Offices/Massage Therapists See Office/Professional
- Veterinary Clinic (animal) 34,5 25 25 26 26
DISTRICT KEY:
C-Rec = Conservancy Recreation
C-Res = Conservancy Residential
SF-E = Single Family Suburban Estates (1.24 du/acre)
SF-S = Single Family Suburban (4.5 du/acre)
SF-D = Single Family Duplex (7.26 or 14.52 du/acre)
SF-SL= Single Family Small Lot (7.26 du/acre)
MUR = Mixed Use Residential
MF-M = Multifamily Medium Density (14.52 du/acre)
MF-H = Multifamily High Density (29 du/acre)
PO = Professional Office
CBD = Cultural and Business District
R = Retail Commercial
IC = Intensive Commercial
M = Mineral Resource
CF = Community Facilities
CF-OS = Open Space
CF-R = Recreation
CF-F = Facilities
FOOTNOTES KEY:
1 See Design Criteria Checklist for screening requirements.
2 Permitted as an accessory use only in the Community Facilities zone.
3 See IMC 18.07.527, Self-storage facility standards.
4 Only permitted on the ground floor within a mixed use building if over one thousand five hundred (1,500) sq. ft. Total nonresidential uses in a mixed use building shall not exceed fifty percent (50%) of gross
floor area with no individual use over four thousand (4,000) sq. ft. Buildings in existence prior to November 1, 2006, are not subject to mixed use or scale restrictions, but may not be expanded where scale/size
limits are exceeded.
5 Outdoor accessory services and/or uses prohibited, see IMC 18.07.180, Animals – Veterinary clinics/boarding kennels/pet daycares.
6 Outdoor accessory services and/or uses, see IMC 18.07.180, Animals – Veterinary clinics/boarding kennels/pet daycares.
7 See IMC 18.07.515 Collective Gardens for additional requirements. Level 2 Review applies regardless of parcel size or street location, see IMC 18.04.400 Thresholds – Level 2.
PERMITTED USE & LEVEL OF REVIEW KEY:
0 = Level 0 Review; 1 = Level 1 Review*; 2 = Level 2 Review*; 3 = Level 3 Review, regardless of size/location of parcel; 4 = Level 4 Review; 5 = Level 5 Review; NO NUMBER = NOT PERMITTED
*Level 3 Review required if Level 1 or 2 proposal is ≥ three (3) acres and < fifteen (15) acres. Level 3 Review is also required for Level 1 or Level 2 proposals located on Front St., Sunset Way, NW Maple St.,
Newport Way, Gilman Blvd. (east of SR 900), SR 900, NW Sammamish Rd., East Lake Sammamish Parkway (ELSP), SE 56th Street west to one thousand two hundred (1,200) feet east of ELSP, Issaquah-Fall City
Road, Issaquah-Pine Lake Road SE, 228th Avenue SE, SE 43rd Way, West Lake Sammamish Parkway (WLSP) or any street or street segment that abuts and is generally parallel to Interstate 90 (I-90), or the site
abuts I-90; see Chapter 18.04 IMC for details on levels of review; provided, that this provision shall not apply to property subject to the IMC 18.19.030 Olde Town Design Standards. The level of review designated
on the Table of Permitted Land Uses is required for property subject to the Olde Town Design Standards.
*Level 5 Review required if project is > fifteen (15) acres.
Critical Aquifer Recharge Areas/Well Head Protection – Any proposed uses within critical aquifer recharge areas that have the potential to degrade water quality in the CARA may be prohibited, or conditioned as
established in IMC 18.10.796 Critical Aquifer Recharge Areas (CARAs) and Chapter 13.29 IMC Groundwater Quality Protection Standards.
AB 6329
Exhibit H
Page H-1
0010.90000
WDT
9/22/11
R:10/7/11gjz
R:10/27/11
R:11/1/11
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF ISSAQUAH,
WASHINGTON, REGULATING COLLECTIVE GARDENS;
ADDING NEW DEFINITIONS TO CHAPTER 18.02; ADDING
A NEW SECTION 18.07.515 PROVIDING FOR THE
REGULATION OF COLLECTIVE GARDENS, REQUIRING
SEPARATION AND SECURITY; ADDING A NEW SECTION
18.07.516 DECRIMINALIZING COLLECTIVE GARDENS
THAT ARE COMPLIANT WITH STATE AND LOCAL
REGULATIONS; AMENDING THE TABLE OF USES IN
SECTION 18.06.130 TO RESTRICT THE LOCATION OF
COLLECTIVE GARDENS; ADDING A FOOTNOTE TO THE
TABLE IN SECTION 18.04.100-3 TO CONTAIN A
REFERENCE TO COLLECTIVE GARDENS; REPEALING THE
MORATORIUM ESTABLISHED BY ORDINANCE 2619;
PROVIDING FOR SEVERABILITY AND AN EFFECTIVE
DATE.
WHEREAS, on April 29, 2011, the Governor signed ESSB 5073, subject to vetos
of several sections of the bill, “the Act”, and
WHEREAS, the Act became effective on July 22, 2011 and allowed certain
qualified patients the ability to form collective gardens under certain terms for the purpose of
producing, processing, transporting, and delivering cannabis for medical use subject to certain
conditions, and
WHEREAS, under the Act, cities may adopt and enforce zoning requirements and
health and safety requirements pertaining to the production, processing, or dispensing of
AB 6329
Exhibit H
Page H-2
cannabis or cannabis products within their jurisdiction; and
WHEREAS, on June 20, 2011, the Issaquah City Council enacted a moratorium
on location of collective gardens pending review by the Planning Policy Commission,
WHEREAS, the Planning Policy Commission has held hearings on September 22
and October 13, 2011,and has forwarded it recommendations to the City Council, and
WHEREAS, the City Council desires to regulate collective gardens as provided
herein, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF ISSAQUAH, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Definitions
Section 18.02.050 Definitions – C
: Chapter 18.02 of the IMC is hereby amended to add the
following definitions:
Cannabis
: All parts of the plant Cannabis, whether growing or
not; 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. For the purpose of
this chapter, “cannabis” does not include the mature stalks of the
plant, fiber produced from the stalks, oil or cake made from the
seeds of the plant, fiber produced from the stalks, oil or cake made
from the seeds of the plant, any other compound, manufacture, salt,
derivative, mixture, 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 germination. The term
“cannabis” includes cannabis products and useable cannabis.
Cannabis products: Products that contain cannabis or cannabis
extracts, have a measurable THC concentration greater that three-
tenths of one percent, and are intended for human consumption or
application, including, but not limited to, edible products, tinctures,
and lotions. The term “cannabis products” does not include useable
cannabis. The definition of “cannabis products” as a measurement
of THC concentration only applies to the provisions of this chapter
and shall not be considered applicable to any criminal laws related
to marijuana or cannabis.
AB 6329
Exhibit H
Page H-3
Cannabis, usable
: Dried flowers of the Cannabis plant having a
tetrahydrocannabinol (THC) concentration greater than three-
tenths (3/10) of one percent (1%) per weight or volume. Useable
cannabis excludes stems, stalks, leaves, seeds and roots. For
purposes of this definition, “dried” means containing less than
fifteen percent (15%) moisture content by weight. The term
useable cannabis does not include cannabis products.
Collective garden
: The growing, production, processing, and/or
delivery of cannabis for medical use by up to ten collective
members as set forth in Chapter 69.51A RCW and subject to the
limitations therein and in this ordinance. Each collective garden
shall have no more than forty five (45) plants and twenty four (24)
ounces of usable cannabis per patient, up to a maximum of seventy
two (72) ounces of usable cannabis on site. As used herein any
constituent part of a collective garden shall be considered as a
collective garden.
Collective member
: Up to ten qualifying patents with membership
in a single collective garden.
18.02.150 Definitions – M
Marijuana
: All parts of the plant Cannabis, whether growing or
not. See also Cannabis.
Medical marijuana collective garden
: See Collective garden.
18.02.190 Definitions – Q
Qualifying patient
: A person who:
A. Is a patient of a health care professional; and
B. Has been diagnosed by that health care professional as
having a terminal or debilitating medical condition; and
C. Is a resident of the state of Washington at the time of such
diagnosis; and
D. Has been advised by that health care professional about the
risks and benefits of the medical use of marijuana; and
E. Has been advised by that health care professional that they
may benefit from the medical use of marijuana. The term
“qualifying patient” does not include a person who is actively
AB 6329
Exhibit H
Page H-4
being supervised for a criminal conviction by a corrections agency
or department that has determined that the terms of this chapter are
inconsistent with and contrary to his or her supervision and all
related processes and procedures related to that supervision.
F. Possesses “valid documentation” of meeting the above
criteria as defined in Chapter 69.51A RCW.
Section 2. A new section 18.07.515 is hereby added to the IMC to read as
follows:
18.07.515 Collective Gardens
A. Purpose:
The purpose of this section is to minimize the
impacts of collective gardens on surrounding properties and ensure
public safety.
B. Membership
: Collective Gardens shall not exceed ten (10)
members, and each member shall be a qualifying patient.
C. General Requirements
:
1. A collective garden shall be entirely within a permanent
enclosed structure with a roof. The structure shall comply with the
City of Issaquah building codes and any other applicable codes.
2. No horticulture production, processing or delivery of
cannabis shall be visible to the public.
3. The City shall have the authority to inspect the site for
compliance with all applicable permits at any time during regular
business hours.
D. Separation Requirements
:
1. No new collective garden shall be sited within one-
thousand (1,000) feet of any other collective garden.
2. Only one (1) collective garden may be sited on any one lot.
3. The growing functions of a collective garden shall be
separated from where the cannabis or cannabis products are
processed and delivered to the qualified patients of a collective
garden by at least one-thousand (1,000) feet.
AB 6329
Exhibit H
Page H-5
4. No new collective garden shall be sited within one-
thousand (1,000) feet of any existing community center or school.
5. No new collective garden shall be sited within five hundred
(500) feet of any existing preschool, daycare, or park.
6. Measurement: The measurement shall be taken in a straight
line from the point on the property line of the uses specified in this
section closest to the collective garden to the nearest physical point
of the tenant space or structure housing a collective garden.
7. A use specified in this subsection shall not benefit from the
separation requirements of this subsection if the use chooses to
locate within the required separation distance from an existing
collective garden.
E. Security Requirements
: A collective garden shall:
1. Have installed, prior to commencing production, processing
or dispensing of cannabis or cannabis products, an operational
security system that is monitored 24 hours a day; and
2. Have installed, prior to commencing production, processing
or dispensing of cannabis or cannabis products, an operational
security camera system which retains recordings from all installed
cameras for a period of not less than sixty (60) days; and
3. Comply with the Crime Prevention Through Environmental
Design (CPTED) regulations in Appendix 2 of Chapter 18.07 IMC
Required Development and Design Standards, to the extent
possible as determined by the Planning Director/Manager.
F. Signage
: All signs shall comply with the Issaquah Sign
Code, Chapter 18.12 IMC.
G. Provide Information
: A collective garden shall have
provided the following information to the City, prior to
commencing production, processing or dispensing of cannabis or
cannabis products, the following information, and shall update the
information annually:
1. Name of collective garden;
2. Physical and mailing addresses;
3. Name of contact person;
AB 6329
Exhibit H
Page H-6
4. Phone number of the collective garden.
Section 3. A new section 18.07.516 is hereby added to the IMC to read as
follows:
18.07.516 Compliant collective garden not subject to
penalties.
A. The production, processing or dispensing of cannabis or
cannabis products by a collective garden in accordance with the
terms and conditions of Chapter 69.51A RCW and IMC 18.07.515
does not constitute a crime under IMC 9.07.010 or IMC 9.07.020.
B. A collective garden that produces, processes, or dispenses
cannabis or cannabis products not in accordance with the terms and
conditions of Chapter 69.51A RCW or IMC 18.07.515 shall not be
entitled to the protection of subsection A above.
C. Nothing in IMC 18.07.515 or this section shall be
construed as the City’s authorization of any person to engage in
any activity prohibited by federal, State or local law or regulation.
Section 4. Allowed Use
Section 5.
. The table of permitted uses in IMC 18.06.130 is hereby
amended to add collective gardens as an allowed use in commercial zoning districts, as set forth
in Exhibit A.
Changes of Use: Table 18.04.100-3 of the IMC is hereby amended to
add the following footnote:
Specified Uses
: Changes of Use for a collective garden, adult
entertainment facility, or secure community transition facility are
reviewed as listed in IMC 18.06.130, Table of Permitted Land
Uses, regardless of the previous use.
Section 6. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
AB 6329
Exhibit H
Page H-7
Section 7. Repeal of Ordinance 2619.
Section 8.
Ordinance 2619, passed by the City
Council on June 20, 2011, is hereby repealed.
Effective Date
Passed by the City Council of the City of Issaquah, the _______ day of
_________________, 2011.
. This ordinance or a summary thereof consisting of the
title shall be published in the official newspaper of the City, and shall take effect and be in full
force five (5) days after publication.
Approved by the Mayor of the City of Issaquah the _______ day of
_________________, 2011.
APPROVED:
AVA FRISINGER, MAYOR
ATTEST/AUTHENTICATED:
CHRISTINE EGGERS, CITY CLERK
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
WAYNE D. TANAKA
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
Exhibit A to Ordinance
AB 6329
Exhibit H
Page H-8
ZONING DISTRICTS
Land Uses CONSERVANCY
/RECREATION RESIDENTIAL COMMERCIAL FACILITIES MIN
C-Rec C-Res SF-E SF-S SF-SL SF-D MUR MF-M MF-H PO CBD R IC CF-F CF-R CF-OS M
INDUSTRIAL/INTENSIVE COMMERCIAL (Continued)
Manufacturing, Light (indoor and 30,000 sq. ft. or less) 3 3 1
Manufacturing, General 1
Machine Shop 1
Printing and Publishing 2 2 2 1 1
Raw Materials Processing (wood, metal, etc.)1 2
Recycling Center1 2 32
Research and Development Lab 3 2
Sand Blasting 3
Storage, Outdoor 2
Storage, Self (completely enclosed)1,3 3 2 1
Welding Shop 1
Unclassified Industrial/Intensive Use See Procedure for Unclassified Uses at IMC 18.06.050(B)(3)
MEDICAL
- Ambulance/Emergency Facility (private) 2 2 2 1
- Collective Garden 2 2 2 2
- Drugstore/Pharmacy See Retail/Service
- Hospital 3 3 2
- Medical and Dental Offices/Massage Therapists See Office/Professional
- Veterinary Clinic (animal) 34,5 25 25 26 26
DISTRICT KEY:
C-Rec = Conservancy Recreation
C-Res = Conservancy Residential
SF-E = Single Family Suburban Estates (1.24 du/acre)
SF-S = Single Family Suburban (4.5 du/acre)
SF-D = Single Family Duplex (7.26 or 14.52 du/acre)
SF-SL= Single Family Small Lot (7.26 du/acre)
MUR = Mixed Use Residential
MF-M = Multifamily Medium Density (14.52 du/acre)
MF-H = Multifamily High Density (29 du/acre)
PO = Professional Office
CBD = Cultural and Business District
R = Retail Commercial
IC = Intensive Commercial
M = Mineral Resource
CF = Community Facilities
CF-OS = Open Space
CF-R = Recreation
CF-F = Facilities
FOOTNOTES KEY:
1 See Design Criteria Checklist for screening requirements.
2 Permitted as an accessory use only in the Community Facilities zone.
3 See IMC 18.07.527, Self-storage facility standards.
4 Only permitted on the ground floor within a mixed use building if over one thousand five hundred (1,500) sq. ft. Total nonresidential uses in a mixed use building shall not exceed fifty percent (50%) of gross
floor area with no individual use over four thousand (4,000) sq. ft. Buildings in existence prior to November 1, 2006, are not subject to mixed use or scale restrictions, but may not be expanded where scale/size
limits are exceeded.
5 Outdoor accessory services and/or uses prohibited, see IMC 18.07.180, Animals – Veterinary clinics/boarding kennels/pet daycares.
6 Outdoor accessory services and/or uses, see IMC 18.07.180, Animals – Veterinary clinics/boarding kennels/pet daycares.
PERMITTED USE & LEVEL OF REVIEW KEY:
0 = Level 0 Review; 1 = Level 1 Review*; 2 = Level 2 Review*; 3 = Level 3 Review, regardless of size/location of parcel; 4 = Level 4 Review; 5 = Level 5 Review; NO NUMBER = NOT PERMITTED
*Level 3 Review required if Level 1 or 2 proposal is ≥ three (3) acres and < fifteen (15) acres. Level 3 Review is also required for Level 1 or Level 2 proposals located on Front St., Sunset Way, NW Maple St.,
Newport Way, Gilman Blvd. (east of SR 900), SR 900, NW Sammamish Rd., East Lake Sammamish Parkway (ELSP), SE 56th Street west to one thousand two hundred (1,200) feet east of ELSP, Issaquah-Fall City
Road, Issaquah-Pine Lake Road SE, 228th Avenue SE, SE 43rd Way, West Lake Sammamish Parkway (WLSP) or any street or street segment that abuts and is generally parallel to Interstate 90 (I-90), or the site
abuts I-90; see Chapter 18.04 IMC for details on levels of review; provided, that this provision shall not apply to property subject to the IMC 18.19.030 Olde Town Design Standards. The level of review designated
on the Table of Permitted Land Uses is required for property subject to the Olde Town Design Standards.
*Level 5 Review required if project is > fifteen (15) acres.
Critical Aquifer Recharge Areas/Well Head Protection – Any proposed uses within critical aquifer recharge areas that have the potential to degrade water quality in the CARA may be prohibited, or conditioned as
established in IMC 18.10.796 Critical Aquifer Recharge Areas (CARAs) and Chapter 13.29 IMC Groundwater Quality Protection Standards.
Exhibit I – Updated Proposed Amendments in Legislative Format
December 5, 2011
Page 1 of 9
Exhibit I – Proposed Amendments
Exhibit I1 IMC 1.36.030 Enforcement Pg. 1
Exhibit I2 New Chapter 5.18 IMC Collective Garden Safety License Pgs. 1-3
Exhibit I3 Medical Marijuana Taxation Pg. 3
Exhibit I4 Chapter 18.02 IMC Definitions Pgs. 3-4
Exhibit I5 IMC Table 18.04.100-3 Change of Use – Levels of Review Pgs. 4-5
Exhibit I6 IMC 18.06.130 Table of Permitted Land Uses Pgs. 5-7
Exhibit I7 New IMC 18.07.515 Collective Gardens Pgs. 8-9
Exhibit I1 – IMC 1.36.030 Enforcement
Summary: Chapter 1.36 IMC Code Enforcement is related to enforcement of the IMC. Section 1.36.030
sets the monetary penalty for a civil infraction. The amendment here would set the penalty for violating
the collective garden licensing provisions at $250.
1.36.030 Enforcement
A. Civil Infraction. Any person who shall commit any violation of the provisions as set forth in this
chapter shall have committed a civil infraction and, upon finding by the Issaquah Municipal Court
that such infraction has been committed, shall pay all billable costs, and pay a monetary penalty to
the City of Issaquah up to the amounts as set forth on the schedule below:
Title 5 Business Taxes, Licenses and
Regulations
5.02.020 Business license required –
Waiver. $500.00
5.02.080 Ineligible activities. $500.00
5.14.020(A) Permit required –
Exemptions. $250.00
5.18.020 Collective garden license
required $250.00
(No further changes to section)
Exhibit I2 – Chapter 5.18 IMC Collective Garden Safety Licenses
Summary: Create a new chapter in IMC Title 5 Business Taxes, Licenses, and Regulations that would
create a “Collective Garden Safety License.” This license would be functionally similar to a business
license.
Chapter 5.18
Collective Garden Safety Licenses
5.18.010 Definitions
A. “Person” means one or more natural persons of either sex, corporations, partnerships, associations
or other entities capable of having an action at law brought against such entity, but shall n ot include
employees of persons licensed pursuant to this chapter.
B. “Collective garden” means the growing, production, processing, and/or delivery of cannabis for
medical use by up to ten collective members as set forth in Chapter 69.51A RCW and subject to the
limitations therein and in this ordinance. A collective garden may have no more than forty five (45)
plants and twenty four (24) ounces of usable cannabis per patient, up to a maximum of seventy two
(72) ounces of usable cannabis on site.
Exhibit I – Updated Proposed Amendments in Legislative Format
December 5, 2011
Page 2 of 9
5.18.020 Collective Garden Safety License required
It is unlawful for any person to conduct, operate, or engage in a collective garden in the City unless
the person is a member of a collective garden and unless the collective garden has first obtained a
currently valid Collective Garden Safety License from the City. No more than one (1) collective garden
may operate on a single premise.
5.18.030 Application Procedure
A. Applicants for a license under this chapter must file with the Planning Director/Manager an
application in writing on a form to be furnished by the Planning Department.
B. All applicants, who must be a member of the collective garden, must supply the following
information:
1. Name, date of birth, valid driver’s license(s);
2. Name, physical address, mailing address, and phone number of the collective garden;
3. Whether or not the applicant(s) has ever been convicted of a crime related to the drug laws,
and if so, the details thereof;
4. Fingerprints for a background check; see IMC 5.18.070 Background Check, below;
5. File number of an Administrative Site Development Permit (ASDP) application for the collective
garden;
6. Any other information as may be required by the Planning Director/Manager.
C. Application for a collective garden license shall be accompanied by the proper fee.
D. The Planning Director/Manager shall approve or deny the license. If an application is denied by the
Planning Director/Manager, the reason for denial shall be stated.
E. Neither the filing of an application for a license, or the renewal thereof, nor the payment of any
application or renewal fee, shall authorize a person to engage in or conduct a collective garden until
such license has been granted or renewed.
5.18.040 License Application Form
The collective garden safety license application shall contain the provision that additional permits or
licenses may be necessary before the collective garden can commence operation.
5.18.050 Term of license
A collective garden safety license shall be valid for one (1) year from the date of issuance.
5.18.060 Fees
A. The fee for the license required by this chapter shall be three-hundred fifty dollars ($350.00). The
fee for renewal of the license shall be one-hundred forty dollars ($140.00) per year.
B. Any required to have or obtain a Collective Garden Safety License who fails to obtain and pay the
license fees within 30 days of notice, in addition to any other penalties provided in this chapter,
shall be assessed a twenty-five dollar ($25.00) late fee.
5.18.070 Background Check
A. An applicant applying for a Collective Garden Safety License shall submit fingerprints and
appropriate fees as established by the Issaquah Police Department to the City. The City will submit
the prints to the Washington State Patrol and the Federal Bureau of Investigation. Upon receipt of
the fingerprints and the appropriate fees, the Washington State Patrol will compare the subject’s
fingerprints against its criminal database and submit the fingerprints to the Federal Bureau of
Investigation for a comparison with nationwide records. The results of the Washington State Patrol
and Federal Bureau of Investigation’s check will be returned to the City. Upon receipt of the results,
the City will decide whether the applicant has had a felony conviction within the past 10 years for an
offense directly related to the permit request for a Collective Garden.
B. The Planning Director/Manager shall deny a license if the background check shows that the
applicant has been convicted of a felony related to drug laws within past ten (10) years.
5.18.080 Security and Other Permit Requirements
Prior to issuance of a license under this chapter, a collective garden shall:
A. Have installed an operational security alarm system that is monitored 24 hours a day; and
Exhibit I – Updated Proposed Amendments in Legislative Format
December 5, 2011
Page 3 of 9
B. Have installed an operational security camera system which retains recordings from all installed
cameras for a period of not less than sixty (60) days; and
C. Have approval of any required additional permits such as, but not limited to, an Administrative Site
Development Permit, building permit and other construction permits, and show compliance with
conditions of approval.
5.18.090 Ineligible activities
The granting of a collective garden safety license shall not be construed as the City’s authorization of
any person to engage in any activity prohibited by federal, State or local law or regulation.
5.18.100 Revocation or suspension of license – Grounds.
The Planning Director/Manager may, at any time, suspend or revoke any license issued under the
provisions of this chapter whenever the licensee, or any officer, employee or partner thereof:
A. Has violated any State or City statute, law, regulation or ordinance upon the collective garden
premises stated in the license or in connection with the collective garden stated in the license,
whether or not the licensee, or officer or partner thereof, has been convicted in any court of
competent jurisdiction of such violation; or
B. Has maintained or permitted the collective garden stated in the license to be conducted, engaged in
or operated in such manner as to constitute a public nuisance;
C. Has been convicted of a felony related to drug laws within the past ten (10) years; or
D. Has made any material false statement or representation in connection with obtaining the license.
5.18.110 Appeals
Appeals from any denial, revocation, or suspension shall follow the procedure in IMC 5.02.100 Appeal.
5.18.120 Penalty
Any person violating any of the provisions of this chapter shall be guilty of a civil infraction and, upon
conviction, shall be punished in accordance with the provisions set forth in IMC 1.36.030(A). As to
violations of IMC 5.18.020 Collective Garden Safety License Required, the Code Enforcement Officer and
the City Prosecuting Attorney shall have the discretion, pursuant to IMC 1.36.030(C), to file such
violations as civil infractions or criminal misdemeanors. With respect to any fine imposed upon convict ion
of either a civil infraction or a criminal misdemeanor, $250.00 of the fine shall not be suspended or
deferred.
Exhibit I3 – Medical Marijuana Taxation
Summary: Taxes on medical marijuana are not being proposed due to the unclear legal environment.
Exhibit I4 – Chapter 18.02 IMC Definitions
Summary: Add definitions to the Land Use Code to support regulations on collective gardens.
18.02.050 Definitions – C
Campground: A development providing facilities for outdoor recreational activities, including structural
improvements such as covered cooking areas, group facilities, and travel trailer or tent sites designed
for temporary occupancy. This definition includes camping clubs when developed in accordance with
applicable state standards.
Cannabis: All parts of the plant Cannabis, whether growing or not; 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. For the purpose of this chapter, “cannabis” does not include the
mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the
plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other
compound, manufacture, salt, derivative, mixture, 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
germination. The term “cannabis” includes cannabis products and useable cannabis.
Cannabis products: Products that contain cannabis or cannabis extracts, have a measurable THC
concentration greater that three-tenths of one percent, and are intended for human consumption or
Exhibit I – Updated Proposed Amendments in Legislative Format
December 5, 2011
Page 4 of 9
application, including, but not limited to, edible products, tinctures, and lotions. The term “cannabis
products” does not include useable cannabis. The definition of “cannabis products” as a
measurement of THC concentration only applies to the provisions of this chapter and shall not be
considered applicable to any criminal laws related to marijuana or cannabis.
Cannabis, usable: Dried flowers of the Cannabis plant having a tetrahydrocannabinol (THC)
concentration greater than three-tenths (3/10) of one percent (1%) per weight or volume. Useable
cannabis excludes stems, stalks, leaves, seeds and roots. For purposes of this definition, “dried”
means containing less than fifteen percent (15%) moisture content by weight. The term usable
cannabis does not include cannabis products.
Car wash to Cohabitants: No changes.
Collective garden: The growing, production, processing, and/or delivery of cannabis for medical use by up
to ten collective members as set forth in Chapter 69.51A RCW and subject to the limitations therein
and in this ordinance. Each collective garden shall have no more than forty five (45) plants and
twenty four (24) ounces of usable cannabis per patient, up to a maximum of seventy two (72) ounces
of usable cannabis on site. As used herein any constituent part of a collective garden shall be
considered as a collective garden.
Collective member: Up to ten qualifying patents with membership in a single collective garden.
No further changes to section.
18.02.150 Definitions – M
Mailing service to Manufacturing, light: No changes.
Marijuana: All parts of the plant Cannabis, whether growing or not. See also Cannabis.
Marina to Medical and dental offices: No changes.
Medical marijuana collective garden: See Collective garden.
No further changes to section.
18.02.190 Definitions – Q
Qualifying patient: A person who:
A. Is a patient of a health care professional; and
B. Has been diagnosed by that health care professional as having a terminal or debilitating medical
condition; and
C. Is a resident of the state of Washington at the time of such diagnosis; and
D. Has been advised by that health care professional about the risks and benefits of the medical use
of marijuana; and
E. Has been advised by that health care professional that they may benefit from the medical use of
marijuana; and
F. Possesses “valid documentation” of meeting the above criteria as defined in Chapter 69.51A
RCW.
Exhibit I5 – Levels of Review
Summary: Clarify that Level 2 Review applies in all cases for collective gardens.
Exhibit I5a – IMC Table 18.04.100-3 Change of Use – Levels of Review
Summary: Add a footnote which exempts Collective Gardens from the Change of Use Table. Footnote 1
to this table specifies that this table governs for all changes of use, regardless of the level of review
specified in the Table of Permitted Land Uses, IMC 18.06.130.
Table 18.04.100-3: Change of Use – Levels of Review1,2
Previous Use –
Level of Review
Proposed Use – Level of Review from Table of Permitted Land Uses
Level 0 Level 1 Level 2 Level 3
Level 0 0 0 1 2
Level 1 0 0 0 2
Exhibit I – Updated Proposed Amendments in Legislative Format
December 5, 2011
Page 5 of 9
Level 2 0 0 0 2
Level 3 0 0 0 2
Change of Use: The intent of the review process for a Change of Use is to: 1) recognize that there is
typically a lesser impact in a Change of Use than in new construction; and 2) require a higher Level of
Review, as permitted in IMC 18.04.220(F), Option for Review Level Changes, in the individual cases
where this is not the case.
1 a) Community Facilities Zone: Changes of Use in the Community Facilities zones are reviewed as listed in IMC 18.06.130,
Table of Permitted Land Uses, regardless of the previous use.
b) Changes of Use shall be processed through the Level of Review listed in this table, regardless of the parcel size or stree t
frontage.
2 Specified Uses: Changes of Use for a collective garden, adult entertainment facility, or secure community transition facility
are reviewed as listed in IMC 18.06.130, Table of Permitted Land Uses, regardless of the previous use.
Exhibit I5b – IMC 18.04.400 Thresholds – Level 2
Summary: Specify that Level 2 Review is required for collective gardens regardless of location or project
size.
18.04.400 Thresholds – Level 2
Level 2 Review is required of the following development proposals or uses:
No changes to subsections A through J.
K. Collective Gardens: Level 2 Review is required for collective gardens regardless of their street
location or parcel size including parcels greater than fifteen (15) acres.
KL. Changes in Use: See Table 18.04.100-3.
LM. Community Facilities Zone: Level 2 Review is required for those development proposals or uses
located within a Community Facilities zone which have been designated as Level 2 on the Table of
Permitted Land Uses (Chapter 18.06 IMC). All projects within the Community Facilities zone require
a project review meeting with notification to all City departments.
MN. Other Activities: Other activities as determined by this chapter or the Planning Director/Manager.
Exhibit I6 – IMC 18.06.130 Table of Permitted Land Uses
Summary: Add Collective Gardens as a permitted use in Commercial zoning districts, subject to Level 2
Review. Collective Gardens would be shown under the “Medical” heading, and a reference would be
provided from the “Agriculture/Resource” heading.
See following pages.
Permitted Land Uses
18.06.130 Table of Permitted Land Uses
ZONING DISTRICTS
Land Uses CONSERVANCY/
RECREATION RESIDENTIAL COMMERCIAL FACILITIES MIN
C-Rec C-Res SF-E SF-S SF-SL SF-D MUR MF-M MF-H PO CBD R IC CF-F CF-R CF-OS M
AGRICULTURE/RESOURCE
Botanical Gardens, Arboretum 2 2 1 1 1 1 2 3
Collective Garden See Medical
Commercial or Public Greenhouses 2 2 1 2 1 1 2
Christmas Tree or Produce Stands, Vendors, Seasonal:
Temporary
See “Temporary Use”
Crop Production, Livestock, Orchards 2 2
Natural Resources Research 2 2 2 2 2 2
Hatchery, Fish/Fish Preserve Governed by Shoreline Master Program; see IMC 18.10.940
Hobby Farm 2 2
Horse Stables/Boarding/Riding Schools 2 2 2
Horticulture: Tree Farm 2 2 2
Kennel, Commercial/Boarding 2 2 25 25
Trailhead See Recreation
Veterinary Hospital/Clinic See Commercial: Medical
Unclassified Ag or Resource Use See Procedure for Unclassified Uses at IMC 18.06.050(B)(3)
MINERAL RESOURCE4 SIC #
Mineral Extracting1,2 10,12,14 2
Asphalt/Concrete Mixing2,3 2951/3271
3273
2
DISTRICT KEY:
C-Rec = Conservancy Recreation
C-Res = Conservancy Residential
SF-E = Single Family Suburban Estates (1.24 du/acre)
SF-S = Single Family Suburban (4.5 du/acre)
SF-D = Single Family Duplex (7.26 or 14.52 du/acre)
SF-SL = Single Family Small Lot (7.26 du/acre)
MUR = Mixed Use Residential
MF-M = Multifamily Medium Density (14.52 du/acre)
MF-H = Multifamily High Density (29 du/acre)
PO = Professional Office
CBD = Cultural and Business District
R = Retail Commercial
IC = Intensive Commercial
M = Mineral Resource
CF = Community Facilities
CF-OS = Open Space
CF-R = Recreation
CF-F = Facilities
FOOTNOTES KEY:
1 The mineral resource potential of any property within the City should be realized through predevelopment activities (clearing, grading and site preparation). In th is regard, the City’s Comprehensive Plan Map
“Mineral Resources Lands” designates properties with mineral resource potential to be realized through predevelopment activities.
2 In accordance with IMC 18.04.400(J), permissible mineral resource activities in existence prior to August 2, 1999, are not su bject to Level 2 Review.
3 Only as an accessory use to a primary mineral extraction use, or as a continuation of a mineral processing use established prior to August 2, 1999.
4 Mining, processing and reclamation of any type below the water table is prohibited in Class 1 and 2 CARA. In Class 3 CARA, th ese activities will be reviewed under development permit.
5 Outdoor accessory services and/or uses, see IMC 18.07.180, Animals – Veterinary clinics/boarding kennels/pet daycares.
PERMITTED USE & LEVEL OF REVIEW KEY:
0 = Level 0 Review; 1 = Level 1 Review*; 2 = Level 2 Review*; 3 = Level 3 Review, regardless of size/location of parcel; 4 = Level 4 Review; 5 = Level 5 Review; NO NUMBER = NOT PERMITTED
*Level 3 Review required if Level 1 or 2 proposal is ≥ three (3) acres and < fifteen (15) acres. Level 3 Review is also requi red for Level 1 or Level 2 proposals located on Front St., Sunset Way, NW Maple St.,
Newport Way, Gilman Blvd. (east of SR 900), SR 900, NW Sammamish Rd., East Lake Sammamish Parkway (ELSP), SE 56th Street west to one thousand two hundred (1,200) feet east of ELSP, Issaquah-Fall City
Road, Issaquah-Pine Lake Road SE, 228th Avenue SE, SE 43rd Way, West Lake Sammamish Parkway (WLSP) or any street or street segment that abut s and is generally parallel to Interstate 90 (I-90), or the site
abuts I-90; see Chapter 18.04 IMC Procedures for details on levels of review; provided, that this provision shall not apply to property subject to the IMC 18.19.030 Olde Town Design Standards. The level of review
designated on the Table of Permitted Land Uses is required for property subject to the Olde Town Design Standards.
*Level 5 Review required if project is > fifteen (15) acres.
Critical Aquifer Recharge Areas/Well Head Protection – Any proposed uses within critical aquifer recharge areas that have the potential to degrade water quality i n the CARA may be prohibited, or conditioned as
established in IMC 18.10.796 Critical Aquifer Recharge Areas (CARAs) and Chapter 13.29 IMC Groundwater Quality Protection Sta ndards.
ZONING DISTRICTS
Land Uses CONSERVANCY
/RECREATION RESIDENTIAL COMMERCIAL FACILITIES MIN
C-Rec C-Res SF-E SF-S SF-SL SF-D MUR MF-M MF-H PO CBD R IC CF-F CF-R CF-OS M
INDUSTRIAL/INTENSIVE COMMERCIAL (Continued)
Manufacturing, Light (indoor and 30,000 sq. ft. or less) 3 3 1
Manufacturing, General 1
Machine Shop 1
Printing and Publishing 2 2 2 1 1
Raw Materials Processing (wood, metal, etc.)1 2
Recycling Center1 2 32
Research and Development Lab 3 2
Sand Blasting 3
Storage, Outdoor 2
Storage, Self (completely enclosed)1,3 3 2 1
Welding Shop 1
Unclassified Industrial/Intensive Use See Procedure for Unclassified Uses at IMC 18.06.050(B)(3)
MEDICAL
- Ambulance/Emergency Facility (private) 2 2 2 1
- Collective Garden7 2 2 2 2
- Drugstore/Pharmacy See Retail/Service
- Hospital 3 3 2
- Medical and Dental Offices/Massage Therapists See Office/Professional
- Veterinary Clinic (animal) 34,5 25 25 26 26
DISTRICT KEY:
C-Rec = Conservancy Recreation
C-Res = Conservancy Residential
SF-E = Single Family Suburban Estates (1.24 du/acre)
SF-S = Single Family Suburban (4.5 du/acre)
SF-D = Single Family Duplex (7.26 or 14.52 du/acre)
SF-SL= Single Family Small Lot (7.26 du/acre)
MUR = Mixed Use Residential
MF-M = Multifamily Medium Density (14.52 du/acre)
MF-H = Multifamily High Density (29 du/acre)
PO = Professional Office
CBD = Cultural and Business District
R = Retail Commercial
IC = Intensive Commercial
M = Mineral Resource
CF = Community Facilities
CF-OS = Open Space
CF-R = Recreation
CF-F = Facilities
FOOTNOTES KEY:
1 See Design Criteria Checklist for screening requirements.
2 Permitted as an accessory use only in the Community Facilities zone.
3 See IMC 18.07.527, Self-storage facility standards.
4 Only permitted on the ground floor within a mixed use building if over one thousand five hundred (1,500) sq. ft. Total nonresidential uses in a mixed use building shall not exceed fifty percent (50%) of gross
floor area with no individual use over four thousand (4,000) sq. ft. Buildings in existence prior to November 1, 2006, are not subject to mixed use or scale restrictions, but may not be expanded where scale/size
limits are exceeded.
5 Outdoor accessory services and/or uses prohibited, see IMC 18.07.180, Animals – Veterinary clinics/boarding kennels/pet daycares.
6 Outdoor accessory services and/or uses, see IMC 18.07.180, Animals – Veterinary clinics/boarding kennels/pet daycares.
7 See IMC 18.07.515 Collective Gardens for additional requirements. Level 2 Review applies regardless of parcel size or street location, see IMC 18.04.400 Thresholds – Level 2.
PERMITTED USE & LEVEL OF REVIEW KEY:
0 = Level 0 Review; 1 = Level 1 Review*; 2 = Level 2 Review*; 3 = Level 3 Review, regardless of size/location of parcel; 4 = Level 4 Review; 5 = Level 5 Review; NO NUMBER = NOT PERMITTED
*Level 3 Review required if Level 1 or 2 proposal is ≥ three (3) acres and < fifteen (15) acres. Level 3 Review is also required for Level 1 or Level 2 proposals l ocated on Front St., Sunset Way, NW Maple St.,
Newport Way, Gilman Blvd. (east of SR 900), SR 900, NW Sammamish Rd., East Lake Sammamish Parkway (ELSP), SE 56th Street west to one thousand two hundred (1,200) feet east of ELSP, Issaquah-Fall City
Road, Issaquah-Pine Lake Road SE, 228th Avenue SE, SE 43rd Way, West Lake Sammamish Parkway (WLSP) or any street or street segment that abut s and is generally parallel to Interstate 90 (I-90), or the site
abuts I-90; see Chapter 18.04 IMC for details on levels of review; provided, that this provision shall not apply to property subject to the IMC 18.19.030 Olde Town Design Standards. The level of review designated
on the Table of Permitted Land Uses is required for property subject to the Olde Town Design Standards.
*Level 5 Review required if project is > fifteen (15) acres.
Critical Aquifer Recharge Areas/Well Head Protection – Any proposed uses within critical aquifer recharge areas that have the potential to degrade water quality in the CARA may be prohibited, or conditioned as
established in IMC 18.10.796 Critical Aquifer Recharge Areas (CARAs) and Chapter 13.29 IMC Groundwater Quality Protection Sta ndards.
Exhibit I – Updated Proposed Amendments in Legislative Format
December 5, 2011
Page 8 of 9
Exhibit I7 – IMC 18.07.515 Collective Gardens
Summary: Add a new section in Chapter 18.07 IMC Required Development and Design Standards
specifying the requirements for locating a collective garden in Issaquah.
18.07.515 Collective Gardens
A. Purpose: The purpose of this section is to minimize the impacts of collective gardens on
surrounding properties and ensure public safety,
B. Membership: Collective Gardens shall not exceed ten (10) members, and each member shall be a
qualifying patient.
C. General Requirements:
1. A collective garden shall be entirely within a permanent enclosed structure with a roof. The
structure shall comply with the City of Issaquah building codes and any other applicable codes.
2. No horticulture production, processing or delivery of cannabis shall be visible to the public.
3. A collective garden shall obtain a valid city Collective Garden Safety License.
4. Application Requirements: An application for a collective garden shall include the following
information in addition to the application requirements for a Level 2 Administrative Site
Development Permit (ASDP):
a. The application shall be made by a qualifying patient and include valid documentation of
that status as described in Chapter 69.51A RCW.
b. The applicant shall have a background check performed by the Issaquah Police
Department to ensure that the applicant has not been convicted of a felony for a drug law
violation within the past ten (10) years. This background check may be combined with the
background check required for a Collective Garden Safety License by IMC 5.18.070
Background Check provided the applicant for the ASDP and Collective Garden Safety
License are the same person(s);
c. A map drawn to scale showing all collective gardens, community centers, and schools,
within 1,000 feet and parks, preschools, and day care centers within 500 feet of the parcel
proposed for the collective garden. A survey prepared by a surveyor licensed in the state
of Washington may be required by the Planning Director/Manager.
5. The City shall have the authority to inspect the site for compliance with all applicable permits at
any time during regular business hours.
D. Separation Requirements:
1. No collective garden shall be permitted within one-thousand (1,000) feet of any other collective
garden.
2. Only one (1) collective garden is permitted on any site.
3. The growing functions of a collective garden shall be separated from the acce ss point of a
collective garden by at least one-thousand (1,000) feet.
4. No collective garden shall be permitted within one-thousand (1,000) feet of any community
center or school.
5. No collective garden shall be permitted within five hundred (500) feet of any park, preschool, or
daycare.
6. Measurement: The measurement shall be taken in a straight line from the property boundary of
the uses listed above to the nearest physical point of the tenant space or structure housing a
collective garden.
7. A use specified in this subsection shall not benefit from the separation requirements of this
subsection if the use chooses to locate within the required separation distance from a lawfully
located collective garden. A collective garden is lawfully located if it has located within the City
in accordance with the requirements of this section.
E. Security Requirements: A collective garden shall:
1. Have installed, prior to issuance of a Collective Garden Safety License, an operational security
alarm system that is monitored 24 hours a day; and
2. Have installed, prior to issuance of a Collective Garden Safety License, an operational security
camera system which retains recordings from all installed cameras for a period of not less than
sixty (60) days; and
Exhibit I – Updated Proposed Amendments in Legislative Format
December 5, 2011
Page 9 of 9
3. Comply with the Crime Prevention Through Environmental Design (CPTED, “sep-ted”)
regulations in Appendix 2 of Chapter 18.07 IMC Required Development and Design Standards ,
to the extent possible as determined by the Planning Director/Manager.
F. Signage: All signs shall comply with the Issaquah Sign Code, Chapter 18.12 IMC.
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DATEWOOD DR
EVERW
OOD DR NW
NW HOLLY ST
IN
DIG
O P
L N
W
JASM
IN
E PL
NW
JA S MIN E
K
A
LM
I
A
C
T N
W
KALMIA PL NW
NW FIRWOOD BLVD
PL
N
W
MT
S
I
R
AI
NIE
R
P
L N
W
M
T
M T Q U A Y D R N W
NW HONEYWOOD CT
NW INN ESWOOD D R
MT OLY MP US D RIV E NW
C
A
P
ELLA
DORADO D R N W
BEAR
P
L N
W
BIG
AIRE
S
PL
NW
N
E
W
P
O
R
T W
A
Y
N
W
1ST PL NW
1ST AVE NW
1ST AVE N
E
FRONT ST NORTH
NE DOGWOOD S TNW DOGW OOD ST
NW CHERRY PL
NW ALDE R PL
NW BIRCH P L NE C RE E K W A Y
NE JUNIPER ST
1ST AVE NE
NE BIRCH ST
NW MARSIELLE
PL N W
MONT BLAN CVARESE
OBER
LA
ND
MATTHERHORN
NW LAC LEMAN DR
CT
NW KON
IGS
VILLAGE
PL NW
COL DE VARS
J
U
N
G
FR
A
U P
L N
W
PL N W
GRAN PARADISO
EIGER PL NW
PL NW
NW CERV INIA CT
DR
M O N T R E U X
DRIVE
PARK
CHAMPERY PL NW
N W BERNIN A C T
A
L
P
E
N
G
L
O
WNW VILLAGE PARK DRIVE
190TH AVE SE 191ST AVE SE
194TH AVE SE
SR 900
CONE
NW PINE
D R
SE 56TH ST
19 3R D P L S E
SE 57TH PL
194TH LN SE
NW SAMMAMISH RD
NW L AKE
10TH AVE NW
11TH AV
E NW
12TH AVE NW
NW SAMMAMISH RD
PINEVIEW DR NW
OA
K
C
R
E
E
K
OA
K
W
OO
D
OA K H IL L P L
19
T
H A
VE N
W
18TH AVE NW
N
W NE
W
P
O
R
T W
AY
NW OAK CRES T DR
NW MAPLE ST
NW MALL ST
NW GILMAN BLVD
NW GILMAN BLVD
12TH AVE NW
SE 54TH ST
WEST LAKE SAMMAMISH PKWY SE
NW NEWPORT WAY
ISOLA
CT
NW
PL NW
NW
P
L N
W
P
L N
W
NW
DR
N
W
S
W
D R
OLY MPUS
EDGEWOOD CT
DRIVE
ALMAC CT N
W
PL
SW MT
PL N
W
PL NW
LEWIS LN SE
SE 53R D ST
229TH AVE SE SE 58TH ST
229TH
AV
E SE
SE 56TH ST
2
3
0T
H
AV
E S
E
231ST AVE SE
232N
D AVE S
E
235TH AV
E SE
SE 54TH PL
S E 5 7 T H S T
SE 66TH ST
EAST L
A
K
E
SAMM
AM
I
S
H P
KWY S
E
SE ISSAQUAH - FALL CITY ROAD
S E IS S A Q U A H - F A L L CIT Y R O A D
(V A U G H N HIL L R O A D )
229th AVE SE
IS
S
A
Q
UA
H
-
P
IN
E L
A
K
E R
O
A
D
NW
NE LOCUST ST
10 T H A V E N W
SW MT PILCHUCK PL
SWBLVD
G R E E N W OO D B LV D S W
N W J A M E S BUSH
N E
LN
N E J ADE S T
NE I RIS ST
14TH AVE NE
NE IRIS ST
15TH AVE NE
JADE STNE
JO NQUIL
14TH LANE
NE
NE KATSURA ST
NE KATSU RA S T
15th AVE NE
SE BLACK NUGGET RD
NE PAR K DR IVE
14TH CT NE
1st PL SE
S
u
n
ris
e
Pl S
E
SE 56TH ST
22
1S
T
P
L S
E
11TH PL NW
PICKERINGPL NW
POPLAR WAY NW
15TH PL N
W
PL64TH
1ST AVE NW
S E 5 1S T S T
230TH AV
E SE
S E B L A C K N U G G E T R D
CAPELLACT NW
NW ALDE R CT
3RD CT NW
1ST PL N
E
5TH AVE SE
SE KRAMER P L
SW HEPLER LN
SW FRANCIS LN
N
W Pacific Elm Dr
N
W P
acific Ye
w Pl
SE 62N D ST
RAIN
IER
B
LV
D
N
HUC KLE BERRY CIR CLE NE
14th Pl N
E
N E H A W T HO RN E
S Q
NE H AWTHORN E ST
RIDGE VIEW
AVE NE
16TH AVE NE
16TH LANE NE
NE
NE HUCKLEBERRY ST
16TH CT NE
16TH AVE
NE
16TH AVE NE
HIG H M O OR
CT
15
T
H AV
E
NE
C
T NE
NE LAUR EL CT
LN
TREE
HUA
JO S
NE
SUNSET
CT NW
16TH CT NE
NE KATSURA ST
17TH AVE NE
NE KILLIAN LN
NE KELSEY LN
N
E K
E
NIL
W
O
R
T
H L
N
N
E K
A
T
S
U
R
A S
T
17TH AVE NW
N
W S
H
Y
B
E
A
R
W
A
Y
RD
22
0T
H
AV
E S
E
E
A
S
T L
A
K
E S
A
M
M
A
MIS
H P
K
W
Y S
E
SE 48TH ST
SE 51ST S T
SE 48TH PL (PVR D)
228TH
PL SE (PVRD
)
227TH
AV
E SE
SE 61ST S T (PVR D)
SE 60TH ST (PVRD )
220TH
PL SE (PVRD
)
NW GOODE PL
S E
226TH PL SE
S
E 5
0
T
H
S
T
SE 51ST P L (PVRD)
2
3
9T
H
AV
E S
E (
P
V
R
D)
S E 5 9 T H S T
224TH AV
E SE
NW SAMMAMISH RD
CTNW
(PVRD)
SE 82N D ST
SE 83R D PL
S
E
B
L
A
C
K
SE BLACK NUGGET RD
N
U
G
G
E
T
R
D
SE 51ST P L
SE 52N D ST 235TH PL SE
12TH AVE N
E
11TH AV
E NE
NE JACAR AND A ST
236TH AV
E SEST
SE 49 T H
16TH LN NE
LN NE
NE JUNEBERRY ST
17TH CT NE
JUNEBERRY
CT NE
JUNEBERRY
NW TALUS DRIVE
NW SHANGRI LA WAY
E
A
S
T
L
A
K
E S
AM
M
A
MI
SH
P
K
W
Y S
E
SE 43RD WAY
SE 43RD W AY
228TH AVE SE
B
EA
R RID
GE DRIV
E N
W
NW CO YOT E CR E EK L ANENW G RA NIT E P E A K LAN ENW S PRIN G FOR K L A NE
N W S U R P RIS E C R E E K L A N E
NW F AR C O UNT RY LA NE
BEAR RIDGE DRIVE NW
BIG TREE DRIVE N W
BIG TREE DRIVE NW
NE LO GA N ST
NE LILY LA NE
30TH AVE NE
NE LARKSPUR LANE
32ND AVE
NE
30TH LANE NE
31ST LANE NE
30TH AVENUE NE
NE PAR K DR IVE
N E P A R K D R IV E
N E H A R R IS O N S T R E E T
28TH AVENUE NE
N E D A P H N E S T R E E T
NE JULEP STRE ET
25TH AVENU
E N
E
24TH AVENU
E N
E
26TH AVENU
E N
E
NE IVY WAY
NE IVERSON LANE
NE JEWELL LANE
29
TH LANE
NE
NE LOGAN ST
29 TH AVENUE
NE
25TH AVENU
E N
E
24TH AVENU
E N
E
NE MAGNOLIA ST
AV E N E
18TH
AVE
SE (PVRD)
228TH
W LA
KE S
A
M
M
A
M
IS
H P
K
WY
SE
192ND AVE SE
SE 47TH ST
SE 47TH ST
SE
191ST PL SE
193RD PL SE
194TH AVE SE
SE 45TH PL
187TH PL SE
W LAKE SAMMAMISH PKWY SE
WAY
SE 45TH ST
18 9 T H PL S E
190TH AVE SE
SE 46TH ST
190TH AVE SE
SE 46TH WAY
191ST A VE SE
SE 45TH CT
192ND AV
E S
E
191ST AVE SE
SE 46TH PL
193RD P
L SE
193RD P
L SE
193RD
AV
E S
E
194TH AVE SE
194TH AVE SE
SE 46TH
185TH PL S
E
193
RD
AV
E S
E
191ST AVE
SE
SE 44TH ST
187TH PL SE
SE 44TH PL
SE 45TH ST
186TH AV S
E
190TH AVE SE
SE 44TH PL
189TH PL S E
SE 45T H PL
SE 44TH WAY
190TH AVE SE
192ND
AV
E SE
191ST
PL S
E
192ND AVE SE
193RD
AV
E S
E
188TH AVE SE
189TH AVE SE
189TH AVE SE
SE 44TH CT
SE 43RD CT
182ND PL SE
SE 43RD PL
182ND AVE SE
182ND AVE S
E
181ST
PL SE
SE 42ND PL
186TH PL SE SE 42ND PL
SE 43RD PL
SE 43RD ST
SE 43RD ST
SE 43RD ST
191ST AVE SE
190TH AVE SE
192ND CT SE
187TH PL SE
188TH AVE SE
SE 4 2 ND P L
SE 43RD P L
SE 41ST C T
187
TH
A
VE S
E
PRIVATE
SE 42ND ST
SE 49TH ST
SE 48TH PL
193RD PL SE
SE 51 S T S T
(PR IVA T E)
192ND PL SE
SE 42ND CT
227TH PL SE
SE 43RD CT
SE 43RD LN
22 6TH PL SE
22
4th LN. SE
223RD P
L S
E
221ST CT SE
SE 42N D T ER RAC E220TH PL SE
SE 42ND LN
220TH PL SE
221ST PL SE
SE 41ST LN
PL SE
SE 43RD LN
PROVIDENCE POINT
226TH TERRACE SE
SE 45TH PL
SE 45TH ST
SE 44TH LN
SE 44TH PL S E
SE 45TH LN
PRO VID ENC E P OINT PL S E
SE 42ND PLACE
SE 42ND LANE
SW
ST
SW M T
MT QUAY DR NW
12TH
HUCKLEBERRY CT
24TH AVENU
E N
E
25TH AVENU
E N
E
47TH PL
SE NY BERG LN
SE JO NE S RD
S
U
N
R
IS
E
P
L S
W
NW NEW POR T WAY
WILDERNESS
C
O
UNTRY
W
A
Y
SKY
NW
PEAK DRIVE
N
W
27TH LANE NE
26TH WALK NE
25TH WALK NE
NE JARED COURT
HIG
H
L
A
N
D
S
D
RIV
E
N
E
NE LARC HMOUN T ST
D
RI
V
E
M
O
U
N
T
LARCH
NE
NE E DR IVE
FE D E R A L DRIVE
NE
9TH AVENUE NE
NE PAR K DR IVE
NE H IGH STR EET
HIGHLANDS DRIVE NE
LON
G
M
IRE
CT
NE
NE LAUREL
CREST LANE
NE LAUREL
WOO D LANE
S T
MA G N O LIA
NE
NE MULBERRY S T NE M U LB E R R Y S T30TH AVE NE
33RD AVE
NE
31ST AV
E NE
NORTH
STA R
LN NE
28TH PL NE
30TH PL NE 31ST PL NE
NE NORTON LN
30TH PL NE
31ST PL NE
NE MAGNOLIA LN
NE MAGNOLIA LN
NE MEADOW WAY
WAY
NE
MADISON
NE MARION LN
NE M ONTEREY LN
34TH AVE NE
35TH AVE NE
23RD CT NE
24TH CT NE
NE M
ARION LN
NE MONR
OE LN W
A
Y
N
E N
ATALIE
NE MARQUETTE WAY
29TH AVENUE NE
30TH COURT NE
NE KYLE COURT
NE KEYSTO NE COURT
SUM MERHILL RIDG E DRIVE NW
MOUNTAIN VIEW LAN
E NW
ALPINE RIDGE PLACE NW
LINGE
RING PINE
DRIVE NW
NW LINGERING
PINE CT (PRIVATE)
SUMMERHILL RIDGE DRIVE NW
LINGERING PINE DRIVE NW
NW LOST LAN E
LINGERING PINE
LANE NW (PRIVATE)
COUGAR MOUNTAIN
LANE NW (PRIVATE)
LO
OP WAY NW
SADDLEBACK
TIMBER
D
RIV
E
NW
CREEK DRIVE
NW
TIMBER
CREEK
NE N ATALIE WAY
NE N OBLE STREET
NE N EWTON LANE
NE N ELSON LANE
20TH AVENUE NE
22
ND
AV
E
NUE
N
E
COURT
NE KIRKW
OOD
NE
COURT
KENSINGT ON
NE
GREEN
ST
EVER
26TH COUR
T NE
N E H A R R IS O N D RIV E
24THC
O
URT N
E
24TH AVENU
E N
E
23RD LANE NE
HARRISON COURT NE
29TH PLACE NE
NE D AV IS LOOP
N
E
D
A
V
IS
L
O
O
P
26TH AVE NE
NE
DAYTO
N
COURT
192ND LN SE
22ND COURT NE
N
E M
O
RG
A
N LA
N
E
189TH AVE SE
SE 49TH PL
NE EA GLE WAY
NE EATO N LANE
NE DARBY LANE
NE DENNY WAY
3RD AVENUE NE
4TH AVENUE NE
3RD PLA
C
E NE
3RD COURT NE
5TH AVENUE NE
NE BLAKELY DRIVE
7TH AVENUE NE
8TH AVENUE NE
HIG
H
L
A
N
D
S D
RIV
E
NE
11TH LANE NE
10TH AVE NE
NE INGRAM STR EET
10TH CT NE
NW PEBBLE LANE
NW BOULDER WAY DRIVE NW BOULDER WAY DRIVE
NW BOULDER WAY PLACE
I-90
NW Newport Way
SE 56th St
SE 54th St
Pineview Dr NW
NW Newport Way
I-90
SE 48th Street
G
ILM
A
N BL
V
D
.
I - 90
3rd AVE NE
S FRONT ST
SYCA
MOR
E D
R SE
S
. F
R
O
N
T S
T.
GIL
M
AN B
OU
LEVARD
SE 43rd Way
E
.
L
a
k
e
S
a
m
m
a
m
i
s
h
P
k
w
y
I-90
Pr opos ed Project Site
R
a
i
n
ie
r
B
l
v
d
3rd Court NW
Front St
Holly St
1st Ave NW
Dogwood St
PROPOSED PROJECT SITE
SR-900
NW Sammamish Road
Lake Sammamish S tate Park
I-90
N
E
1
s
t A
V
E
a. 2:1 Buffer reduction for removal of im pervious Buffer reduction 1000 sq. ft. for rem oval of 500 sq ft. b. No minimum buffer width required 50 ft. buffer reduced to 20 ft.
SITE
I - 9 0
East La
ke S
a
m
m
a
mis
h
P
a
rk
wa
y
SE Andrew s St
SE S unset Way
¯1 inch = 2,000 feet
0 1,000 2,000 3,000 4,000500
Feet
Collective GardensBuffer Map
1,000 ft from schools & community
centers; 500 ft from parks & daycares
DISCLAIM ER : This map is for informational purposes and has not been prepared for, nor is it suitable for, legal, surveying, or engineering purposes. Users of this
inform ation should review or consult the primary data and information sources to ascertain the usability of the information. The City of Issaquah makes no warranty
or guarantee as to the content, accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained hereon.
Legend
Schools & Comm. Center - SSC Rec
Parks & Daycares - SSC Rec
SSC Recommended Buffers
Parcels
City Limits
Zoning
All other zones
PO - Professional Office
CBD - Cultural and Business District
R - Retail
IC - Intensive Commercial
Note: Medical Marijuana Collective Gardens
only permitted in Commercial zones outside of
the buffers from schools, parks, and daycares as
shown. Commercial zones shown; all other zones
are grey crosshatch.
Council Services & SafetyCommittee MajorityRecommendation
Exhibit K – Administration Responses to Council Services & Safety
Committee Questions
1. Does the City have authority under existing ordinances to impose taxes on medical marijuana
collective gardens?
The Washington State Department of Revenue (DOR), in a Special Notice dated May 31, 2011 (attached),
has stated:
…sales of medical cannabis are retail sales. As such, the selling price is subject to retail sales
tax. In addition, the seller is subject to the business and occupation (B&O) tax under the
retailing classification. This is true even if it is sold by a medical cannabis dispensary.
Further, DOR has clarified that since medical cannabis may not be prescribed, it is not eligible for the
prescription drug sales tax exemption. DOR has made no reference to whether medical cannabis
distributed through collective gardens, versus dispensaries, is a retail sale and thus subject to retail sales
tax. However, the Special Notice also stated that E2SSB 5073 “has no effect on the taxability of medical
cannabis.” Therefore, it would seem reasonable to conclude that under the DOR’s interpretation,
medical cannabis sales are subject to both retail sales tax and B&O tax, even if the medical cannabis is
distributed via a collective garden. Issaquah’s existing codes concerning these taxes are Chapter 3.04
IMC Sales and Use Tax and Chapter 5.04 IMC Core Model Ordinance (this chapter establishes the B&O
tax). These chapters are broadly written to generally encompass activities subject to taxation, and so no
amendments to existing code are necessary. Some legal experts have expressed the opinion that it
would be illegal to tax cannabis because it would require the taxpayer to admit to a crime, in this case a
federal crime. This area of the law is in a state of flux.
The City may have the option of imposing additional taxes on medical marijuana operations. This could
take the form of taxing on a per‐ounce or per‐head (collective member) basis, for example. However,
due to the continuing unclear legal environment surrounding medical cannabis, the Administration is
not proposing and does not recommend additional taxation at this time.
2. Can the City require a background check on all employees or other workers of a collective garden and
not just the applicant for a Collective Garden Safety License? If so, the Committee recommends that
that requirement be added to the proposed amendments.
Previously the Administration has elected to not recommend requiring criminal background checks for
employees or workers of a collective garden. State law sets no qualifications for participating in a
collective garden beyond stating that a collective garden means “qualifying patients sharing
responsibility for acquiring and supplying the resources required to produce and process cannabis for
medical use…” (RCW 69.51A.085(2)). Further, it is unclear whether persons who do not have valid
documentation (i.e. a medical cannabis authorization) may even participate in a collective garden.
Because of the ambiguity present in the current state law, requiring background checks for all
employees and/or workers could increase the city’s legal risk. Moreover, recent case law has cast some
doubt on the City’s ability to “permit” possession and use of medical marijuana when possession and
use is still a federal crime. The Administration is not proposing and does not recommend background
checks for employees or workers of a collective garden at this time.
Note: This exhibit was reviewed by the City Attorney and his comments reflecting recent case law are
underlined.
MAY 31, 2011
Sales of Medical Cannabis Remain Subject to Sales Tax
Background Engrossed Second Substitute Senate Bill 5073 – relating to medical use of cannabis –
was signed (with partial veto) by the Governor on April 29, 2011. This law takes effect
July 22, 2011.
Sales tax This bill has no effect on the taxability of medical cannabis. Retail sales of cannabis
remain subject to retail sales tax even when sold by a dispensary for medical purposes.
Sales of medical cannabis are not eligible for the retail sales tax exemption provided
for prescription drugs. RCW 82.08.0281 provides an exemption from retail sales tax
for certain drugs, but only when prescribed as authorized by the laws of this state.
However, cannabis is a Schedule I controlled substance and cannot be prescribed under
either federal or state law in Washington.
Business and In addition, gross income from retail cannabis sales are subject to business and
occupation tax occupation (B&O) tax under the retailing classifi cation. Sellers of medical cannabis
may qualify for the small business B&O tax credit, which can be used to partially or
completely offset the B&O tax. The small business B&O tax credit may not be used to
offset any sales tax liability.
For more Contact the Department’s Telephone Information Center at 800-647-7706.
information
Memorandum
To: Planning Commission
From: Stuart Wagner, AICP, Planner
Planning and Development Department
CC: Elizabeth Chamberlain, AICP, Planning Manager
Date: February 7, 2012
Re: Interim Sign Controls - Real Estate Signs
Background
At its January 4, 2012 meeting the Planning Commission discussed the interim sign controls
(regulating off-premise real estate signs) passed by the Auburn City Council on April 18, 2011. The
discussion was held to provide the Planning Commission, interested citizens, and City staff an
opportunity to fully consider all the options and alternative standards for the regulation of different
sizes and types of residential and non-residential real estate signs and to provide procedures for the
permitting of these signs.
At the meeting, staff discussed how the interim sign controls were currently working, gave input from
builders that are currently using the interim controls, and shared concerns about sign clutter possibly
manifesting overtime. After staff’s presentation the Planning Commissioners had several comments
about the interim sign controls, provided suggestions on how to improve the regulations and directed
staff to return with additional information on the kiosk sign program (way-finding signs) that the
Master builders Association of King and Snohomish County is currently using in Renton.
Staff heard the following concerns about off-premise real estate signs:
• Sign glut or too many off-premise real estate signs could occur;
• The signs, individually or collectively could create a public safety hazard;
• Signs are sometimes located too far from the actual development;
• The signs could be in place longer then they need to be.
Staff also heard the following comments/suggestions about the current interim sign controls:
• The total number of off-premise signs should be based on the size of the development or the
number of access points into the development.
• Consider adding a distance proximity requirement (i.e. a sign cannot be located more than x
miles away from the development) to the sign controls.
• Too many signs together might create a public safety hazard. Consider adding a separation
requirement between signs.
2
• Assign a maximum sign area when advertising a particular development. The
builder/applicant than chooses how many/how large of a sign(s), up to the maximum.
But along with the concerns and comments expressed by the Commissioners was an understanding
that builders find the signs useful in their marketing efforts and helpful when trying to direct potential
homeowners to their developments.
Lastly, staff was asked to provide additional information about subdivision wayfinding signs or kiosks
with a standard appearance that provide directions to new residential developments. Included as an
attachment to this memo are pictures of the kiosk signs currently being used in Renton as well as
sections of the Master Builders Association kiosk proposal to the City of Auburn describing what
makes for an effective kiosk directional signage program as well as other examples of kiosk signs.
Regarding Renton’s kiosk signs, staff was able to locate several of these signs along two major
transportation corridors, NE 4th St and NE Sunset Boulevard. The kiosks were found to be
comprised of several panels that serve to direct motorists to community facilities and housing
subdivisions. It was also found that majority of the signs only contained a single development name,
which leads staff to believe that no new subdivisions have come online in recent months and that the
Master Builders Association keeps the kiosk signs current. Lastly, when driving around Renton staff
located several off-premise real estate signs which were not a part of the kiosk sign program.
Discussion
The interim sign controls, as currently written, leaves a fair amount of discretion with the planning
director on how many and where off-premise signs can go. If the Planning Commission feels more
consistency and predictably should be placed on off-premise real estate signs, then changes to the
interim sign controls should occur.
After hearing the Commissioners comments and concerns, staff recommends that adding a
maximum sign area to the controls is a good way to prevent sign clutter from occurring and has
added suggested language to the interim code (see enclosure 1). With regards to adding a
separation requirement between signs, staff believes the builders will likely self regulate here where
too many signs in one location will work against them.
Regarding the wayfinding kiosk sign program, staff does not recommend this program. When the
City was first approached about this concept, it was determined that the kiosk program was not
something the City wanted to pursue.
Questions
1. Does the Planning Commission feel that the interim zoning controls, as modified, can go
forward to a public hearing? Would the commission like to see additional changes made to
the sign controls?
2. Does the Planning Commission have additional questions or comments about the interim
zoning controls?
Enclosures:
1. Modified Interim Sign Controls
Enclosure 1:
18.56.025 Real estate signs.
No sign permit is required, except as provided in subsection F of this section. All exterior real
estate signs must be of wood or plastic or other durable material.
The permitted signs are as follows:
A. Residential “for sale” and “sold” signs: such signs shall be limited to one sign per street
frontage not to exceed five square feet in sign area per side, placed entirely on the property for sale, and
not to exceed a height of seven feet.
B. Residential directional “open house” signs: such signs shall be limited to one sign per street
frontage on the premises for sale and three off-premises signs. However, if a broker/agent has more than
one house open for inspection in a single development or subdivision, he/she is limited to four off-
premises “open house” signs in the entire development or subdivision. Such signs are permitted only
during daylight hours and when the broker/agent or seller or an agent is in attendance at the property for
sale. No such sign shall exceed five square feet in sign area per side. The sign may be placed along the
periphery of a public right-of-way, provided it does not interfere with traffic safety, but it may not be
attached to a utility pole or traffic safety device.
C. Undeveloped commercial and industrial property “for sale or rent” signs: one sign per street
frontage advertising undeveloped commercial and industrial property for sale or for rent is permitted while
the property is actually for sale or rent. The sign shall not exceed 32 square feet in sign area per side and
eight feet in height.
D. Developed commercial and industrial property “for sale or rent” signs: one sign per street
frontage advertising a commercial or industrial building for rent or sale is permitted while the building is
actually for rent or sale. If one face of the building is less than 10 feet from the building line, the sign shall
be placed on the building or in a window. The sign shall not exceed eight feet in height; if freestanding, it
shall be located more than 15 feet from any abutting property line and a public right-of-way line. Said sign
shall not exceed 32 square feet in sign area per side.
E. Undeveloped residential property “for sale” signs: one sign per street frontage advertising
undeveloped residential property for sale is permitted not exceeding 32 square feet in area per side, nor
exceeding a height of eight feet.
F. Additional signs: the planning and development director may grant written authorization to
allow temporary off-premises signs in addition to those permitted above. The size of these signs shall be
determined by the planning and development director based on factors including but not limited to
surrounding land uses, sight distance and traffic safety, but in no instances shall the height of the sign
exceed eight (8) feet and the total sign face area exceed sixty-four (64) square feet. Additionally the
maximum area of all off-premise signs advertising a particular development shall not exceed 250 square
feet. Notice of adjacent property owners shall not be required. Such additional signs may be used to
advertise open houses, to advertise properties for sale, lease or rent, to provide directions to new
developments, or similar purposes. Such signs may be placed within the public right-of-way, provided
they do not interfere with traffic safety, but they may not be attached to utility poles or traffic safety
devices. For the placement of signs within the public right-of-way, the planning and development director
shall consult with the City Engineer, Police Chief, Risk Manager and other staff as appropriate regarding
the placement, size and number of signs that may be permissible within the public right-of-way and may
require hold harmless agreements or similar legal instrument prior to sign placement as a condition of
authorization. The planning and development director shall determine the number and locations of such
signs, and the period during which they may be displayed. The planning and development director shall
take into account the number of existing signs in any proposed location, and may limit or prohibit new
ones so as to prevent a traffic safety hazard or a detrimental effect on neighboring property. (Ord. 6287
§ 2, 2010; Ord. 5993 § 1, 2006.)
3
Interim regulations as adopted
Memorandum
To: Planning Commission
From: Stuart Wagner, AICP, Planner
Planning and Development Department
CC: Elizabeth Chamberlain, AICP, Planning Manager
Date: February 7, 2012
Re: Proposed Amendment to the P-1, Public Use District
Background
Presently the City of Auburn has a contract with King County for animal control and sheltering. It
was found that the Auburn Valley Human Society (AVHS) will lessen the burden of government by
providing animal sheltering services at a savings to the City of Auburn. In 2011, City of Auburn staff
reviewed the business plan submitted by the AVHS, found it to be a viable joint venture opportunity,
and after City Council approval is now making preparations to have a City owned building located at
4910 A St SE become the City’s animal shelter. The goal is to have the facility fully operational by
January 2013.
Ahead of occupying the building along A Street SE, a change to the zoning code is needed. The
future animal shelter site is currently zoned P-1 or public use. Under the current zoning regulations
government facilities are an allowed use within the P-1 zone but the definition for government
facilities states only a city, county, state, federal, or a special district government can be present.
Non-profits, even those with a public purpose such as the Auburn Valley Human Society cannot be
classified as government facilities.
In order for Auburn Valley Human Society to operate and maintain the future animal shelter the
following needs to take place:
- Chapter 18.41 (Public Use District) of the Auburn City Code needs to amended, with “Animal
Shelter” added as a permitted use within the zone.
- A new definition of “animal shelter” needs to be added to Chapter 18.04 (Definitions).
See Enclosure 1 for draft code language. Staff has started to work on the time sensitive amendment
and intends to bring them to the Planning Commission in the form of a public hearing on February
22, 2012.
Enclosures:
1. Proposed code amendments to P-1, Public Use District
2
Enclosure 1: DRAFT CODE LANGUAGE
Chapter 18.40
P-1 PUBLIC USE DISTRICT
Sections:
18.40.010 Intent.
18.40.020 Permitted uses.
18.40.030 Uses requiring permit.
18.40.040 Development standards.
18.40.010 Intent.
The P-1 district is intended to provide for the appropriate location and development of public uses that
serve the cultural, educational, recreational, and public service needs of the community. (Ord. 4229 § 2,
1987.)
18.40.020 Permitted uses.
Hereafter all buildings, structures or parcels of land in a P-1 district shall only be used for the following,
unless otherwise provided for in this title:
A. Government facilities;
B. Municipal parks and playgrounds;
C. Public schools and related facilities;
D. Watersheds and related public utilities;
E. Other public uses that the planning director finds compatible with the intent of the P-1 district.
F. Animal shelter
Chapter 18.04
DEFINITIONS
18.04.XXX Animal Shelter. Animal Shelter means a facility that is used to house or contain stray,
homeless, abandoned or unwanted animals and that is owned, operated, or maintained by a public body,
an established humane society, animal welfare society, society for the prevention of cruelty to animals or
other nonprofit organization or person devoted to the welfare, protection and humane treatment of
animals. Supporting services may include medical care (such as spay/neuter).