HomeMy WebLinkAbout06-06-2017 PC 6.6.17 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
June 6, 2017
AGENDA
I.CALL TO ORDER – 7:00 p.m., Council Chambers
A.ROLL CALL/ESTABLISHMENT OF QUORUM
B.PLEDGE OF ALLEGIANCE
II.APROVAL OF MINUTES
A.May 2, 2017
III.PUBLIC COMMENT
Comment from the audience on any item not listed on the agenda for discussion or public
hearing.
IV.PUBLIC HEARING
A.Proposed Ordinance No. 6642, Regulations of Marijuana related Businesses and
Cooperatives within the City of Auburn
Summary: Draft ordinance pertaining to the regulation of marijuana related
businesses and marijuana cooperatives within the municipal limits.
V.OTHER BUSINESS
No other business was brought forward for discussion.
VI.COMMUNITY DEVELOPMENT REPORT
Update on Community Development Services activities.
VII.ADJOURNMENT
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DRAFT
PLANNING COMMISSION
May 2, 2017
MINUTES
I.CALL TO ORDER
Chair Judi Roland called the meeting to order at 7:00 p.m. in the Council Chambers
located on the first floor of Auburn City Hall, 25 West Main Street, Auburn, WA.
a.) ROLL CALL/ESTABLISHMENT OF QUORUM
Planning Commission Members present were: Chair Judi Roland, Commissioner
Mason, Commissioner Stephens, Commissioner Copple, Commissioner
Moutzouris, and Commissioner Smith. Commissioner Shin and Commissioner Lee
were excused.
Staff present included: City Attorney Dan Heid; Director of Community Development
and Public Works Kevin Snyder; Assistant City Attorney Jessica Leiser; Assistant
Director of Community Development Services Jeff Tate; and Administrative
Assistant Tina Kriss.
Members of the public present: Kirk Edwards, Philip Dawdy, and David Osgood.
b.) PLEDGE OF ALLEGENCE
II.APPROVAL OF MINUTES
A.April 4, 2017
Commissioner Copple moved and Commissioner Smith seconded to approve the
minutes from the April 4, 2017 meeting minutes as written.
MOTION CARRIED UNANIMOUSLY. 6-0
III.PUBLIC COMMENT
There was no public present for comments.
IV.PUBLIC HEARING
No public hearing items were brought forward.
V.OTHER BUSINESS
A.Proposed Ordinance No. 6642, Regulations of Marijuana Related Business and
Cooperatives within the City of Auburn
Assistant Director Tate provided background information on proposed Ordinance No.
6642. He reminded Commission that at the April 4, 2017 meeting the Commission
asked staff to return to the next meeting (May 2, 2017) with additional information on
the marijuana business regulation survey and to report on any actions taken by the
Washington State Legislature during the 2017 legislative session.
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PLANNING COMMISSION MEETING MINUTES May 2, 2017
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Staff explained that the next steps are to hold a public hearing on draft Ordinance
No. 6642 when the Commission is comfortable moving forward. Staff asked the
Commission to consider a public hearing date of June 6, 2017 after holding tonight’s
discussion if the Commission feels they are ready to go forward.
Assistant Director Tate stated the marijuana business regulation survey remained
open until today. An updated report was compiled today, May 2, 2017, staff
distributed the current survey results. Mr. Tate explained that approximately four (4)
additional responses were noted since providing the last survey report, March 21,
2017 and there was a slight variation to the results which were similar to the March
21, 2017 report.
Assistant City Attorney Jessica Leiser reported that the 2017 Washington State
Legislature is in special session and based on information from the Association of
Washington Cities (AWC) the special session is expected to run into July, 2017. Ms.
Leiser stated, currently the budget appears to be the item moving forward and that of
the marijuana bills introduced to the legislature, only one appears to have made it to
the finish line, predominately housekeeping in nature. It is theoretically possible to
see language that effects local marijuana regulations resurrected in the form of a
substitute bill but because the focus is on the budget it is unlikely. She added, it is
fair to say that at least for the next year we do have legislative certainty that the
landscape will not change in the Washington State Legislature although rule making
from the Washington State Liquor Cannabis Board (WSLCB) may take place but it
does not appear that those rules will affect local regulations.
Staff reviewed additional proposed modifications to Ordinance No. 6642 based on
the Planning Commission’s March 21, 2017 recommendations.
1. Page 11 (5.20.250.B.4) – add to the business license chapter of city code a cross
reference to ACC 18.59.110. ACC 18.59.110 is the section of the draft
regulations that outlines when a public review meeting is required and the
standards for how it is noticed and conducted.
2. Page 29 (18.04.120) – the prior version of draft Ordinance No. 6642 provided a
new definition for “Game Arcade”. Upon further review, Chapter 18.04 already
utilizes and defines “Arcade”. Rather than creating a new definition, staff
proposes to modify the existing definition of “Arcade”.
3. Page 33 (18.59.020.B) – adds language that a retail establishment no longer
operating under a State or City license is grounds for determining that a retail
establishment has lost its standing as one of the authorized retail activities.
4. Pages 34 – 35 (18.59.030.C) – for each of the 3 separation options, consolidate
items #1 and #2 that distinguish between public and private schools. Also, add
language that requires schools that are planned for construction be considered
when applying the separation standards.
5. Page 35 (18.59.030.D) – clarify that a right-of-way line can be used when
measuring distance under the separation requirements.
6. Page 35 (18.59.030.E) – moving this section to 18.59.090 because it does not
pertain to separation requirements.
7. Pages 35 – 36 (18.59.050) – modify term for consistency with rest of chapter.
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PLANNING COMMISSION MEETING MINUTES May 2, 2017
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8. Pages 36 – 37 (18.59.060 and 18.59.060.G) – add a section related to “non-
conforming uses.” Section G clarifies that legally established, existing uses are
not “non-conforming uses” as that term is used in ACC 18.54.
9. Page 37 (18.59.090.B) – further clarify that existing producers and processors
that are less than 4,000 square feet are legal conforming uses.
10. Page 38 (18.59.100) – clarify that the permitting milestone for the pre-application
conference is that prior to submittal of a business license (as opposed to other
types of licenses and permit applications).
11. Page 38 (18.59.110.A) – clarify that the public meeting requirements are also
applicable to existing businesses seeking to relocate to a different tax parcel.
12. Page 38 (18.59.110.C) – clarify that the public review meeting must occur prior to
submittal of a business license (as opposed to other types of licenses and permit
applications).
13. Page 38 (18.59.110.E) – require that the subject matter of the meeting be
included in the notification of the public meeting.
14. Page 39 (18.59.110.J) – clarify that all of the public meeting information must be
submitted with the business license application (as opposed to other types of
licenses and permit applications).
The Commission and staff discussed the public notification process for a Public
Review Meeting under 18.59.110.A. and E. Staff explained that a public review
meeting would be required and the meeting would need to be held in a publicly
accessible location within one (1) mile of the proposed business site as proposed in
the ordinance.
Staff also explained that the existing businesses do not need to reapply or renotice
irrespective of the separation requirements as they would be considered, under
proposed Ordinance No. 6642, to be legal, existing, and conforming.
A discussion was held as to which policies an existing or conforming marijuana
business would be subject to. Staff explained that policies laid out under proposed
Ordinance No. 6642 would be applied to new marijuana business activities but
clarified it does not mean that existing businesses would not have to be subject to
City of Auburn code such as public nuisances as an example. Under Auburn City
Code, Chapter 8, Public Nuisances, if an existing business is contributing to a public
nuisance the City would still have the ability to approach that business and seek
resolution of that nuisance. The same would be true for City of Auburn zoning
ordinances.
The Commission and staff discussed the City of Auburn legislative history of I-502
and the merging of the medical and recreational marijuana businesses within the
State of Washington and how the WSLCB made the determination to move the
allowance of two (2) marijuana retail licenses to four (4) for Auburn. Staff pointed out
that as the WSLCB has a better understanding of what and where the needs are the
state may increase the number of licenses at a future time.
Commissioner Mason asked if there were any additional statistics to show if the city
has experienced any additional health risks to our youth, or negative impacts to the
city’s public health since legalizing and allowing marijuana retail businesses to
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PLANNING COMMISSION MEETING MINUTES May 2, 2017
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operate. Director Snyder stated that specific data from school districts and medical
facilities has not been gathered and at this point in the process the data would be
subjectively observational or antidotal verses factual.
Director Snyder stated that Assistant Police Chief Pierson provided information to the
Commission at previous meetings addressing the legalization of marijuana and
potential impacts. Assistant City Attorney Leiser explained that a link was provided
to the Commission in the memorandum provided in the March 21, 2017 meeting
packet to The Washington State Marijuana Impact Report by the Northwest High
Intensity Drug Trafficking Area. Ms. Leiser stated the reports do not provide enough
data and precision to the data collected to determine specific impacts to the
community. Mr. Snyder stated that he will reach out to local folks to see if any other
factual data is available and report to back to the Commission prior to the public
hearing.
The Commission and staff discussed the current number of marijuana related
businesses located in the City and the number allowed by the WSLCB. Director
Snyder explained to the Commission that they are not under any legal obligation to
recommend a specific number of licenses allowed in the City. He stated that the
Commission, as part of their recommendation to City Council, can concur with staff’s
recommendations on the number of marijuana related businesses allowed, decide to
recommend a specific number of licenses within the City, or can decline to
recommend any number as part of their specific recommendation leaving it up to City
Council.
Assistant Director Tate reported that the maps depicting options 1, 2, and 3 within
proposed Ordinance No. 6642 continue to be refined to include parcel specific
information. They will be transmitted to the Commission by May 12, 2017, several
weeks prior to the public hearing if the Commission is comfortable with that timeline.
The Commission concurred to hold the public hearing June 6, 2017 and asked staff
to provide the maps ahead of the public hearing.
B. Planning Commission Rules and Procedures
Assistant Director of Community Development Services, Jeff Tate, reviewed the
modifications to the proposed Rules and Procedures made per the recommendations
of the Planning Commission at their April 4, 2017 meeting.
City Attorney Dan Heid recommended that under section XII.E. CONFLICT OF
INTEREST, the word “heard” be changed to “reviewed” to read: “No member may
participate in any decision if the member had not reviewed the staff reports and
testimony presented at the hearing on the matter”.
Commissioner Mason moved and Commissioner Moutzouris seconded to approve
the 2017 amended Planning Commission Rules and Procedures as amended.
MOTION CARRIED UNANIMOUSLY. 6-0
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C. Discussion on Planning Commission Email
Chair Roland asked if the Planning Commission could receive a formal Planning
Commission email address through the City of Auburn. Assistant Director Tate
stated staff is working on this request.
VI. COMMUNITY DEVELOPMENT REPORT
Assistant Director Tate reported that the 2015 Comprehensive Plan is being compiled
into an e-book format making it more functional for those that want to review those
documents electronically. A professional editor has finished with the document and
electronic and hard copy versions will be provided to the Commission Members shortly.
At the May 1st, 2017 City Council Meeting Mayor Backus announced that the City of
Auburn, Valley Cities Counselling, and the Auburn Food Bank will be opening day and
night services for the homeless and underserved in Auburn at the end of May, 2017.
The facility will be located at I Street NE and 26th Street NE. The property located at 915
26th Street NE, The Phoenix Rising Group Residence Facility common building, is
proposed to be utilized to provide nighttime services. The property to the south across
the street from the Phoenix Rising Group Residence Facility is proposed to be utilized to
provide daytime services by adding a temporary, portable building that provides shelter
and services.
Staff explained that Valley Cities Counseling owns the property, the Auburn Food Bank
and Catholic Community Services will separately run the day and night services.
Director Snyder stated future conversations will continue to be held as the program
continues to operate and provide an opportunity to assess the operations, needs, and
ability to see what other partnerships become available. The Temporary Use Permit is
approved for 24 months.
ADJOURNMENT
There being no further business to come before the Planning Commission, Chair Roland
adjourned the meeting at 8:09 p.m.
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MARIJUANA RELATED BUSINESSES
DRAFT AMENDMENTS TO TITLES 5 AND 18 OF THE AUBURN CITY CODE
FILE NUMBERS ZOA17-0001 AND SEP17-0008
STAFF REPORT
A. GENERAL INFORMATION:
Application Date: February 14, 2017
Issue Date: May 18, 2017
Public Hearing Date: June 6, 2017
Applicant: City of Auburn
Site Information: City-wide regulatory update
Project Description: Amendments to various chapters of the Auburn City Code that are
intended to define marijuana related businesses, establish citing
criteria, establish operational standards, and establish procedures for
licensing and permitting marijuana related businesses.
Staff: Kevin Snyder, Director of Community Development and Public Works
Jeff Tate, Assistant Director of Community Development Services
B. FINDINGS OF FACT:
1. On September 16, 2013, the Auburn City Council adopted Resolution No. 4992 establishing
a one year moratorium prohibiting the City from receiving and/or processing any application
for any marijuana/cannabis related business in any and all zoning districts in the City of
Auburn.
2. On September 4, 2014, the Auburn City Council adopted Ordinance No. 6525 amending
certain Sections of the Auburn City Code relating to the enforcement of state regulations
regarding the production, processing, and/or retail outlets and sales of marijuana and
terminating the moratorium implemented pursuant to Resolution No. 4992.
3. Second Engrossed Second Substitute House Bill 2136 (2E2SHB 2136) (approved on June
30, 2015), and Second Substitute Senate Bill 5052 (2SSB 5052) (approved on April 24, 2015
[with partial veto]), revised state requirements for state marijuana regulations, including
marijuana processors, producers, retailers, and cooperatives.
4. The WSLCB notified the City of Auburn on September 23, 2015, that pursuant to SB 5052 it
would not limit the number of marijuana retailers licensed within the City of Auburn to only
those allocated per I-502.
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Agenda Subject: Proposed amendments to Titles 5 and 18 of the
Auburn City Code related to Marijuana Related Businesses
Date: May 30, 2017
Page 2 of 12
5. The City of Auburn adopted a moratorium, through Resolution No. 5194, prohibiting any new
marijuana retailers not already in operation on January 4, 2016.
6. In a public hearing on February 16, 2016, and in comments to City elected officials, including
social media posts, Auburn residents voiced concern for any marijuana retailers in excess of
the initial two (2) originally approved by 1-502.
7. The WSLCB notified the City of Auburn on March 8, 2016, that it would increase the number
of marijuana retailers licensed within the City of Auburn to the two (2) authorized by I-502
and identified as the Stash Box and Evergreen Market, and an additional two (2) Priority 1
applicants for licenses under SB 5052.
8. The WSLCB has since indicated that the number of SB 5052 retail licenses within the City of
Auburn may be increased in the future.
9. WSLCB then notified the City of Auburn on March 8, 2016, that marijuana retailers, including
the Evergreen Market, that were licensed using the I-502 lottery are not allowed to move out
of the jurisdictions where they are licensed. Based upon — and in reliance on — that
information, the City of Auburn amended its moratorium, through its Resolution No. 5215, so
as to authorize the operation of [only] the two (2) marijuana retailers initially provided for by I-
502.
10. The WSLCB continued to process and issue licenses to marijuana retailers intended to
operate within the City of Auburn pursuant to SB 5052 despite the transmittal of Resolution
No. 5215 to the WSLCB.
11. Because of WSLCB’s continued processing and issuing of licenses for retail marijuana
businesses, and because new retail marijuana businesses continued to engage in activities
contrary to the City's moratoria, and in response to the inconsistent, conflicting, and
uncooperative positions of the WSLCB, the City of Auburn adopted its Ordinance No. 6595
on April 4, 2016, which ordinance prohibited all marijuana related activities within the City of
Auburn.
12. The City Council approved Ordinance No. 6613 on August 15, 2016, which Ordinance
indicated (consistent with a report by the Northwest High Intensity Drug Trafficking Area, a
division of the Office of National Drug Control Policy) the need to protect public health, safety
and welfare by minimizing societal effects and impacts of marijuana, such as a 122%
increase in fatality motor vehicle accidents involving the use of marijuana between 2010 and
2014 and a 312% increase in contacts to the Washington Poison Center for intoxication calls
pertaining to youth consumption of marijuana, and other increases on demands for public
services such as fire and police presence.
13. Ordinance No. 6613 also indicated that the City desired to provide greater clarity as to
permitted and prohibited marijuana retailers within the City of Auburn, avoid onerous
enforcement proceedings, improve voluntary compliance with local laws pertaining to
marijuana activities, facilitate improved cooperation with the WSLCB, and protect the public
health, safety and welfare while remaining cognizant of the approval of I-502 by voters within
the City of Auburn.
14. Ordinance No. 6613 further noted that the Auburn City Code did not currently have specific
provisions addressing a number of statutorily permitted marijuana provisions and/or uses.
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Agenda Subject: Proposed amendments to Titles 5 and 18 of the
Auburn City Code related to Marijuana Related Businesses
Date: May 30, 2017
Page 3 of 12
15. Ordinance NO. 6613 noted that the provisions for marijuana cooperatives, marijuana
researchers and marijuana transporters contained within SB 5052 went into effect July of
2016, and that marijuana cooperatives, marijuana researchers and marijuana transporters
are not explicitly addressed by current code provisions.
16. Ordinance No. 6613 also indicated that the impacts and effects of marijuana cooperatives,
marijuana researchers and marijuana transporters on Auburn and the Auburn community are
unknown and deserving of study and review.
17. Ordinance No. 6613 further indicated that the inclusion of the prohibition of marijuana
cooperatives, marijuana researchers and marijuana transporters in the City’s business
licensing requirements, pending review and potential amendment of the City Code, would
provide greater safety, clarity, consistency, predictability and uniformity that will benefit
Auburn businesses and residents.
18. Ordinance No. 6613 stated that it would be advantageous for the City of Auburn to have a
thorough review made of the impacts and effects of marijuana cooperatives, marijuana
researchers and marijuana transporters.
19. Ordinance No. 6613 also stated that Sections 35A.63.220 and 36.70A.390 of the Revised
Code of Washington (RCW) authorize the City Council to adopt an immediate moratorium for
a period of up to twelve (12) months if a public hearing on the proposal is held within at least
sixty (60) days of its adoption and a work plan is developed for related studies providing for
the moratorium period.
20. Ordinance No. 6613 further stated that the City Council desired to impose a moratorium for
an initial term of twelve (12) months on the acceptance and/or processing of any permit or
applications, for or related to any marijuana related activities, including, but not limited to,
licensing, permitting, siting, making structural or building improvements, or operating any
new marijuana activities; and any other marijuana uses or activities that are not expressly
provided by the City Code regulations addressed herein.
21. Ordinance No. 6613 also stated that the City Council anticipated that it could develop and
adopt appropriate controls for marijuana retail facilities prior to the expiration of the
moratorium enacted hereby.
22. Ordinance No. 6613 identified the City Council’s position that it would be advantageous for
the City of Auburn to have a thorough review made of the alternatives and options available
to it for regulation of marijuana related uses and activities.
23. Ordinance No. 6613 also identified the Council’s position that in the event permanent
regulations are adopted prior to the expiration of the twelve (12) month moratorium
established by the Ordinance, Ordinance No. 6613 could be repealed, terminating the
moratorium.
24. On January 14, 2014, the Washington State Attorney General's Office issued its opinion
(AGO No. 2014) that 1-502 does not preempt counties, cities, and towns from banning
recreational marijuana within their jurisdictions and that local ordinances that do not
expressly ban state licensed marijuana licensees from operating within the jurisdiction but
make such operation impractical are valid if they properly exercise the local jurisdiction's
police power.
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Agenda Subject: Proposed amendments to Titles 5 and 18 of the
Auburn City Code related to Marijuana Related Businesses
Date: May 30, 2017
Page 4 of 12
25. Several state courts have issued decisions that approve and affirm the Attorney General's
opinion that cities have the authority to regulate marijuana uses.
26. On May 20, 2015, the King County Superior Court issued its decision in Greensun Group
LLC v. City of Bellevue, No. 14-2-29863-3 SEA, which decision is incorporated herein as if
set forth in full. The court determined, inter alia, that "the City of Bellevue has the authority to
regulate the location and density of marijuana retail outlets within its boundaries, including
through the adoption and enforcement" of a requirement that a retail marijuana outlet cannot
be located within 1,000 feet of another retail marijuana outlet; and that "the City has the
authority to develop and apply processes for enforcing" a 1,000 foot separation requirement,
including through use of a first-in-time determination based on the date and time of issuance
of the state liquor control board license or conditional license, whichever is issued first.
27. With the passage of 2SSB 5052 and 2E2SHB 2136, and consistent with court decisions the
City has the authority to regulate the location and density of marijuana production,
processing, distribution, and retail sales within its boundaries.
28. The establishment and/or licensing of marijuana uses may allow new uses that are
incompatible with nearby existing land uses and lead to erosion of community character and
harmony.
29. The presence of large amounts of cash and/or marijuana makes retail outlets and other
marijuana facilities a potential target of violent crime, including robberies and burglaries,
thereby placing area residents, business owners, and others in danger of bodily harm, and
increasing police enforcement risks and costs.
30. There may be other harmful secondary effects to public health, safety, morals, and welfare
as a result of marijuana production, processing, distribution, and retail sales, which effects
include but are not limited to loitering, odors, crime, and other behaviors that may be
inconsistent with the character of the surrounding neighborhood.
31. It is critical to the public safety and economic vitality of the City to ensure the impacts of
business obtaining a license from the WSLCB to produce, process, or sell marijuana are
minimized.
32. The City Council deems it to be in the public interest to establish permanent regulations
regarding where marijuana producers, processors, and retail uses may be located in the City
of Auburn.
33. The City has a compelling interest in the protection of the health and safety of all its
residents, as well as a compelling interest in ensuring that the goals and policies contained
within the Comprehensive Plan and other policy/planning documents are fulfilled.
34. ACC 14.03.060, Legislative Non-Project Decisions, specifies that legislative non-project
decisions made by the city council under its authority to establish policies and regulations are
not classified as a “type” of project permit decision and that legislative non-project decisions
include, but are not limited to amendments to the text and map of the comprehensive plan or
development regulations.
35. The Planning Commission held work sessions on February 22, 2017, March 21, 2017, and
April 4, 2017.
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Agenda Subject: Proposed amendments to Titles 5 and 18 of the
Auburn City Code related to Marijuana Related Businesses
Date: May 30, 2017
Page 5 of 12
36. Pursuant to RCW 36.70A.106 the draft Ordinance No. 6642 was transmitted to the
Washington State Department of Commerce on February 17, 2017. This transmittal initiated
the 60 day state agency review period. The Washington State Department of Commerce
provided confirmation of the transmittal on February 21, 2017. The 60 day state agency
comment period expired on April 15, 2017. The City did not receive any state agency
comments.
37. A SEPA non-project environmental checklist was prepared that evaluates the environmental
impacts of draft Ordinance No. 6642.
38. A SEPA threshold determination of non-significance (DNS) was issued on May 12, 2017.
The DNS was published in the Seattle Times on May 18, 2017. The DNS publication
established a 15 day SEPA public comment period which expired at 5 pm on June 1, 2017.
The SEPA notification also provided notice of the Planning Commission public hearing
scheduled for June 6, 2017 at 7:00 pm in the City Council Chambers at 25 West Main Street,
Auburn, WA 98001. The combined public notification provided public comment opportunity
under both SEPA (project file SEP17-0008) and the Zoning Amendment Application (project
file ZOA17-0001). As of the date of this transmittal, public comments on the proposal have
not been received.
39. Title 18 of the Auburn City Code (ACC) includes Chapter 18.68, Amendments, which
addresses amendments to Title 18, Zoning.
C. Discussion
1. As identified in Finding of Fact #12 the Auburn City Council enacted Ordinance No. 6613 on
August 15, 2016. Ordinance 6613 established an immediate moratorium for a period of up to
twelve (12) months which expires on August 14, 2017. Draft Ordinance No. 6642 has the
effect of replacing the moratorium.
2. Staff initially presented draft Ordinance No. 6642 to the Planning Commission during an
open public meeting the February 22, 2017 Planning Commission meeting. Draft Ordinance
No. 6642 contains the following concepts:
a. Amendments to the list of allowed uses within each zoning designation to identify
marijuana related businesses as either a permitted use or a prohibited use.
b. The addition of several new terms and definitions.
c. The creation of a new chapter of city code, Chapter 18.59, entitled Development
Standards for Marijuana Related Businesses.
d. Establishing a limit on the number of marijuana retail businesses. The staff
recommendation is to establish a limit of 3 retail businesses with a reduction to 2 retail
businesses if one of the existing business ceases to legally operate. The upper limit
allowed under Washington State Liquor and Cannabis Board (LCB) rules is 4 retail
businesses. It is worth noting that absent a limitation established by the City of Auburn,
LCB can administratively modify each jurisdictions limit without notice.
e. Establishing a geographic separation between marijuana related businesses and other
types of uses and activities. The draft regulations include three options for Planning
Commission consideration. Option 1 establishes a 1 mile separation requirement from a
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Agenda Subject: Proposed amendments to Titles 5 and 18 of the
Auburn City Code related to Marijuana Related Businesses
Date: May 30, 2017
Page 6 of 12
list of uses and activities (e.g. schools, parks, day care centers, etc.). Option 2
establishes a ½ mile separation from some types of uses and a ¼ mile separation from
other types of uses. Option 3 establishes a ¼ mile separation from some types of uses
and a 1,000 foot separation from other types of uses. LCB rules establish a 1,000 foot
separation from a specific list of uses. All three options prepared by staff include the
uses identified by LCB and supplement the list by adding private schools, private
playgrounds, private recreation facilities, private parks, public trails, religious institutions,
and transit centers or park-n-ride facilities operated by a sovereign nation.
f. Establishing a limitation on the cumulative square footage of producers and processors
within the City of Auburn. The square footage limitation is proposed to be 90,000 square
feet.
g. Establishing a minimum square footage of 4,000 square feet for producers and
processors.
h. Requiring that marijuana be grown indoors and prohibiting outdoor cultivation.
i. Establishing odor control requirements.
j. Establishing standards and procedures for how the City determines which marijuana
retail businesses will qualify as one of the three allowed within the City.
k. Establishing standards for the City will view relocation, discontinuance and accidental
destruction of existing businesses.
l. Requiring that new businesses incorporate Crime Prevention Through Environmental
Design into their site.
m. Establishing land use standards for all marijuana businesses.
n. Outlining a public review process when considering the siting of a new marijuana
business.
3. During the February 22, 2017 meeting the Planning Commission reviewed the ordinance and
asked staff to provide the following additional information:
a. A South King County “Heat Map” that was referenced by Assistant Police Chief William
Pierson. On February 28, 2017 staff transmitted to the Planning Commission a
memorandum that provided the referenced Heat Map. Additionally, on March 14, 2017
provided an additional series of maps with information about the health conditions in
Auburn and South King County.
b. Sales tax information related retail marijuana activity. On March 14, 2017 staff
transmitted to the Planning Commission a memorandum that provided information
collected from the City Finance Department that documents the amount of sales tax
revenue received in 2015 and 2016 that was generated from marijuana retail stores.
c. Analysis of properties owned by the school district but not used for school purposes (e.g.
administrative offices, maintenance and operations facilities). On February 28, 2017
staff transmitted to the Planning Commission a memorandum that provided a list of
properties owned by the school district that are not operated as schools.
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Agenda Subject: Proposed amendments to Titles 5 and 18 of the
Auburn City Code related to Marijuana Related Businesses
Date: May 30, 2017
Page 7 of 12
d. Identification of any known future school sites. On March 14, 2017 staff transmitted to
the Planning Commission a memorandum that generally describes the desired location
of future school sites in Auburn. Because the school district is currently engaged in an
analysis of potential sites and is preparing to begin the process of acquiring property
maps were not provided to the Planning Commission in order t7 avoid disrupting the
District’s process. However, the District did describe the general areas that they have
interest in siting future schools and none of these areas are within 1 mile of the M-1, M-2
or C-3 zones (the zones in which the draft ordinance would permit marijuana related
businesses).
e. Data that provides information about the social impact of marijuana usage. On March
14, 2017 staff transmitted to the Planning Commission a memorandum that provided 3
web links to reports that describe various aspects of the effects of legalizing marijuana.
f. Initiation of a public survey and an allowance that the Planning Commission review the
survey questions in advance. On February 28, 2017 staff transmitted to the Planning
Commission a memorandum of 11 draft survey questions along with a description of the
polling outreach strategies. The listed outreach strategies included social media
postings, email distribution lists, a press release, a city website announcement, and paid
advertising. On March 14, 2017 staff transmitted to the Planning Commission a
memorandum confirming that the poll had been activated on March 11, 2017 and that it
would remain active until at least March 21, 2017.
g. On March 21, 2017 staff presented the results of the poll to the Planning Commission.
The report included the following information about how the public was made aware of
the poll:
i. Posting an announcement on the City’s Facebook and Twitter accounts on March 12,
2017 that included a link to the survey. There are 3,988 followers that were reached.
ii. Publishing a colored advertisement in the Auburn Reporter on March 17, 2017 with a
link to the survey (important to note that this was a paid advertisement and not a
traditional public notification in the legal section). The newspaper has a distribution
of 23,942 recipients.
iii. Preparing and transmitting a formal press release to all local media.
iv. Posting a notice on the City’s webpage.
v. Emailing the notification and link to the survey to all City email distribution lists. The
email was delivered to 10,450 email addresses.
vi. Including the notification and link to the survey in the Mayor’s weekly email
newsletter. The Mayor’s newsletter is sent to 3,230 email addresses.
On March 28, 2017, when the polling report was prepared and presented to the Planning
Commission it had generated 75 responses. Of the 75 responses 42 (56%) had
indicated that they believe the City should consider establishing requirements that are
additional to those established by the State of Washington that recognize local
concerns. The majority of respondents indicated that Producers, Processers, Retailers,
Transporters, and Researchers should all be allowed marijuana related businesses in
Auburn. The majority of respondents also indicated that there was not a need to place a
limit on the number of each type of business in Auburn. The majority of respondents
indicated that it was appropriate to establish rules that require that marijuana related
businesses should be separated from other types of uses such as schools, churches,
day care centers, parks and residential neighborhoods. When asked what distance
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Agenda Subject: Proposed amendments to Titles 5 and 18 of the
Auburn City Code related to Marijuana Related Businesses
Date: May 30, 2017
Page 8 of 12
these types of uses should be separated from marijuana related businesses, the majority
of respondents indicated “one mile”. Respondents expressed a general acceptance of
allowing marijuana related businesses within industrial zones and heavy commercial
zones, a mixed acceptance towards light commercial, neighborhood commercial and
downtown zones, and resistance towards allowing these types of activities in residential
zones.
4. On March 21, 2017 staff presented all of the information provided in both the February 28,
2017 and March 14, 2017 memorandum. After discussion, the Planning Commission made
the following requests:
a. To keep the public poll open for at least one more week. As a result of the Planning
Commission’s request, the poll remained open until May 2, 2017.
b. To know the cost of the ad in the Auburn Reporter. The $202.65 cost of the
advertisement was provided to the Planning Commission.
c. To modify the draft regulations to include “planned” schools that are identified in an
adopted Capital Facilities Plan within the list of required separations.
d. To receive a report on any legislative actions taken during the 2017 State legislative
session that may have an effect on local decision making.
e. To receive maps that provide more detailed information.
f. To work on code language that better protects legally established existing marijuana
businesses.
5. On April 24, 2017 staff transmitted to the Planning Commission a memorandum that
responded to several of the inquiries raised during the March 21, 2017 as well as a revised
draft Ordinance No. 6642. The memorandum explained each of the modifications made to
Ordinance No. 6642.
6. On May 2, 2017 the Planning Commission convened for its third public meeting to discuss
draft Ordinance No. 6642. Staff provided a presentation and an overview of the April 24,
2017 transmittal memorandum. Of particular note, the following information was provided
and modifications to Ordinance No. 6642 were described:
a. A revised summary report of the public poll was provided. 4 new responses had been
between March 21, 2017 and May 2, 2017 bringing the total number of responses to 79.
The 4 additional responses did not materially change the results to any of the survey
questions.
b. Jessica Leiser, Assistant City Attorney, provided the Planning Commission with a briefing
on legislative actions that occurred during the 2017 State legislative session that
pertained to the regulation of marijuana businesses. Ms. Leiser’s reported that there
were no substantive actions taken by the legislature.
c. The Planning Commission was informed that the more detailed maps were still being
developed and that they would be transmitted to the Planning commission on May 12,
2017.
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Agenda Subject: Proposed amendments to Titles 5 and 18 of the
Auburn City Code related to Marijuana Related Businesses
Date: May 30, 2017
Page 9 of 12
d. Ordinance No. 6642 had been modified to include additional language in Title 5
(Business License regulations) that included a better cross reference between the zoning
laws and business license regulations as they pertain to marijuana businesses.
e. Ordinance No. 6642 has been modified to add clarity regarding the effect that a business
which loses its LCB license or state business license automatically loses its local city
business license.
f. Ordinance No. 6642 has been modified to clarify that odor control standards apply to all
marijuana related businesses.
g. Ordinance No. 6642 has been modified to clarify that marijuana related businesses
legally established prior to the passage of the current ordinance are not classified as
non-conforming uses and are instead classified as legal conforming uses.
h. Ordinance No. 6642 has been modified to clarify that an existing business wishing to
relocate to another site is subject to all of the public notification requirements of any other
new business.
7. On May 16, 2017 staff transmitted to the Planning Commission the updated, more detailed
maps of each area where marijuana related businesses may be permitted under the 3
options presented in draft Ordinance No. 6642.
D. City Code Conclusions
1. Pursuant to Auburn City Code (ACC) Section 18.68.030 the following public process is
applicable:
18.68.030 Public hearing process
A. Text Amendments. With the exception of purely administrative or procedural
amendments, the planning commission shall conduct at least one public hearing on
all amendments to this title. The planning commission shall make a recommendation
to the city council who may or may not conduct a public hearing.
Comment:
The June 6, 2017 Planning Commission meeting will involve a public hearing on the
proposed code amendments where a recommendation is made to the city council.
2. Pursuant to Auburn City Code (ACC) Section 18.68.040 the following public hearing notice
requirement is applicable:
18.68.040 Public hearing notice requirements
A. Text Amendments.
1. Planning Commission. For text amendments that require a public hearing under
ACC 18.68.030(A), notice of a public hearing shall be given by publication, in a
newspaper of general circulation in the area, at least 10 days prior to the public
hearing and by posting the notice in three general public locations.
2. City Council. Notice of a public hearing shall be given by publication, in a
newspaper of general circulation in the area, prior to the public hearing and by
posting the notice in three general public locations.
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Agenda Subject: Proposed amendments to Titles 5 and 18 of the
Auburn City Code related to Marijuana Related Businesses
Date: May 30, 2017
Page 10 of 12
Comment:
The public hearing before the Planning Commission is scheduled for June 6, 2017, meeting
the requirement under ACC 18.68.030. The public hearing notice was published in the
Seattle Times, the City’s official newspaper, on May 18, 2017 at least 10 days prior to the
public hearing. The public hearing notice was also posted at City Hall (25 West Main Street),
the Customer Service Center (One East Main Street), and on the City’s website meeting the
requirement for posting the notice in three general public locations.
3.Auburn City Code Chapter 18.68, Amendments, does not have specific decision criteria for
text amendments to the zoning title. At a minimum, proposed text amendments are to be
consistent with the City’s Comprehensive Plan pursuant to RCW 36.70A.040.
Comment:
The Comprehensive Plan does not contain language specific to marijuana related activities.
The 2015 Core Comprehensive Plan Land Use Element Policy #14 seeks to ensure
harmonious transition between land uses and zoning designation through the use of
setbacks, vegetation, building orientation, and architectural design.
The 2015 Core Comprehensive Plan Land Use Element Policy #15 seeks to employ crime
prevention through environmental design when designation communities and development
proposals.
The 2017 Land Use Element Policy LU-42 states that legally established existing uses that
may not conform with the underlying zone, but that are compatible with their surrounding
uses, and are allowed to continue to evolve and operate without being classified as non-
conforming uses.
Draft Ordinance No. 6642 has been developed in a manner that is consistent with the above
adopted policies.
E.Policy Conclusions and Action Items
1.Draft Ordinance No. 6642 is a staff recommendation for revisions to the Auburn City Code
that are necessary to establish definitions, procedures and standards related to the
regulation of marijuana businesses within the City of Auburn.
2.While the entirety of draft Ordinance No. 6642 entails new regulatory policy that will govern
marijuana related businesses in the future, there are a few key policy determinations that
require consideration by the Planning Commission. They are as follows:
a.Number of retail marijuana businesses allowed within the City of Auburn (See ACC
18.59.020 at Page 33 of Ordinance No. 6642). Draft Ordinance No. 6642 establishes a
limit of 3 retail businesses with a reduction to 2 retail businesses if one of the existing
business ceases to legally operate. As previously mentioned, LCB has established a
current limit of 4 retail businesses. LCB previously established a limit of 2 retail
businesses in Auburn. While the staff recommendation includes a limit of 3 retail
businesses, the Planning Commission will need to explore this limit when making its
recommendation to City Council.
b.Requirements for separating marijuana related businesses from other types of land uses
and activities (See ACC 18.59.030 at Pages 33 thru 35 of Ordinance No. 6642). Draft
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Agenda Subject: Proposed amendments to Titles 5 and 18 of the
Auburn City Code related to Marijuana Related Businesses
Date: May 30, 2017
Page 11 of 12
Ordinance No. 6642 includes 3 options for Planning Commission consideration. All 3 of
these options establish a more restrictive separation requirement than that which is
included in WAC 355-14. The 3 maps that have been provided provide a general sense
of the areas in the City where marijuana related activities could be considered. It is
important to note that these maps are not regulatory maps. This is because real world
conditions will continuously change which means the maps will become outdated as time
goes on. For example, if a new day care center, park or school is developed in the
future, there will be in effect on where a future marijuana related business may be
located. The Planning Commission will need to discuss the merits of each option
presented and either choose one of the three, or present a different option altogether.
c. List of uses and activities that marijuana related businesses must be separated from
(See ACC 18.59.030 at Pages 33 thru 35 of Ordinance No. 6642). As indicated above,
the staff recommendation provided in draft Ordinance No. 6642 adds private schools,
private playgrounds, private recreation facilities, private parks, public trails, religious
institutions, and transit centers or park-n-ride facilities operated by a sovereign nation to
the list included in WAC 355-14. The Planning Commission will need to discuss the
appropriateness of expanding upon the LCB list.
d. Legally established existing businesses (See ACC 18.59.060 at Pages 36 thru 37 of
Ordinance No. 6642). Draft Ordinance No. 6642 contains language that intends to treat
existing marijuana businesses (meaning, legally established prior to the adoption of
Ordinance No. 6642) as legal, conforming uses – even if the individual business could
not be permitted in the same location under Ordinance No. 6642. The purpose of this
language is to ensure that these businesses are not classified as “legal non-conforming”
businesses. Legal non-conforming businesses have greater difficulty in securing
financing and insurance because legal non-conforming businesses may not rebuild if
they are accidentally destroyed. The Planning Commission will need to evaluate
whether this is an appropriate policy determination.
e. Treatment of marijuana related businesses within each of the zoning designations (See
Pages 12 thru 29 of Ordinance No. 6642). Draft Ordinance No. 6642 limits marijuana
related businesses to the M-1 and M-2 industrial zones as well as the C-3 heavy
commercial zone. It prohibits marijuana related businesses in all residential zones, all
institutional and public zones, all light commercial zones, and within all of the various
overlays and special purpose zones. The Planning Commission will need to determine if
the approach prepared by staff is appropriate.
f. Public review procedures (See ACC 18.59.110 at Page 38 of Ordinance No. 6642).
Draft Ordinance No. 6642 includes a detailed list of public review requirements that a
prospective marijuana related business must adhere to prior to submitting a Business
License application to the City and/or prior to obtaining approval to operate within the
City. The Planning Commission will need to determine the appropriateness of this
process.
F. Staff Recommendation
The Planning Commission recommends approval to the City Council of the proposed zoning
code text amendment as presented by staff based on the findings of fact and conclusions.
Exhibits
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Agenda Subject: Proposed amendments to Titles 5 and 18 of the
Auburn City Code related to Marijuana Related Businesses
Date: May 30, 2017
Page 12 of 12
Exhibit 1: Draft Ordinance No. 6642
Exhibit 2: Determination of Non-Significance and Affidavit of Publication
Exhibit 3: Public Hearing Notice
Exhibit 4: Acknowledgment letter from Department of Commerce for 60-day State Review
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Ordinance No. 6642
May 12, 2017 (Planning Commission Hearing 6/6/17)
Page 1
ORDINANCE NO. 6 6 4 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING SECTIONS 5.20.250,
18.07.020, 18.09.020, 18.21.010, 18.21.020, 18.21.020,
18.21.030, 18.23.030, 18.29.050, 18.35.030, 18.42.020,
18.78.020, OF THE AUBURN CITY CODE, AND CREATING NEW
SECTIONS 18.04.1001, 18.04.1003, 18.04.1005, 18.04.1007,
18.04.1009, 18.04.1011, 18.04.1013, 18.04.1015, 18.04.1017,
18.76.046 AND A NEW CHAPTER 18.59 OF THE AUBURN CITY
CODE RELATING TO MARIJUANA BUSINESSES, AND
REPEALING THE MORATORIUM ESTABLISHED BY
ORDINANCE NO. 6613
WHEREAS, the voters of the State of Washington approved Initiative Measure No.
502 (I-502), in 2012, now codified within Chapters 46.04, 46.20, 46.21, 46.61 and 69.50
of the Revised Code of Washington (RCW), which initiative decriminalized possession
and use of certain amounts of marijuana and marijuana paraphernalia, and authorized
promulgation of regulations and issuance of licenses by the Washington State Liquor and
Cannabis Board (WSLCB) for the production, processing and retailing of marijuana; and
WHEREAS, in relevant part, I-502 legalized the possession of small amounts of
marijuana and marijuana-related products by persons 21 of age and older, and directed
the (then) state Liquor Control Board to develop and implement rules to regulate and tax
recreational marijuana producers, processors, and retailers; and
WHEREAS, marijuana is still classified as a schedule 1 controlled substance under
federal law and crimes related to marijuana remain subject to prosecution under federal
law; and
WHEREAS, on August 29, 2013, the United States Department of Justice, Office
of the Attorney General, (DOJ) released updated guidance regarding marijuana
enforcement. The guidance reiterates that DOJ is committed to using its limited
investigative and prosecutorial resources to address the most significant threats to public
safety related to marijuana crimes in "the most effective, consistent, and rational way."
The guidance directs federal prosecutors to review potential marijuana-related charges
Exhibit 1
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Ordinance No. 6642
May 12, 2017 (Planning Commission Hearing 6/6/17)
Page 2
on a case-by-case basis and weigh all information and evidence, including whether the
operation is demonstrably in compliance with a strong and effective state regulatory
system and if the conduct at issue implicates one or more of eight stated federal
enforcement priorities. The DOJ does not appear to differentiate application of its
guidance between medical cannabis and recreational marijuana; and
WHEREAS, in a joint statement dated August 29, 2013, Governor Jay lnslee and
Attorney General Bob Ferguson stated the following:
Today we received confirmation Washington's voter-approved marijuana
law will be implemented. We received good news this morning when
Attorney General Eric Holder told the governor the federal government
would not pre-empt Washington and Colorado as the states implement a
highly regulated legalized market for marijuana. Attorney General Holder
made it clear the federal government will continue to enforce the federal
Controlled Substance Act by focusing its enforcement on eight specific
concerns, concerns, including the prevention of distribution to minors and
the importance of keeping Washington-grown marijuana within our State’s
borders. We share those concerns and are confident our state initiative will
be implemented as planned. We want to thank the Attorney General for
working with the states on this and for finding a way that allows our initiative
to move forward while maintaining a commitment to fighting illegal drugs.
This reflects a balanced approach by the federal government that respects
the states' interests in implementing these laws and recognizes the federal
government's role in fighting illegal drugs and criminal activity.
WHEREAS, on September 16, 2013, the Auburn City Council adopted Resolution
No. 4992 establishing a one (1) year moratorium prohibiting the City from receiving and/
or processing any applications for any marijuana/cannabis related business in any and all
zoning districts in the City of Auburn; and
WHEREAS, on October 16, 2013, the WSLCB adopted rules for applying for,
obtaining, and maintaining licenses for the production, processing, and retailing of
recreational marijuana. Under these rules, applicants will be required to identify a
business location with their application submittals; and
WHEREAS, on September 2, 2014, the Auburn City Council passed Ordinance
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Ordinance No. 6642
May 12, 2017 (Planning Commission Hearing 6/6/17)
Page 3
No. 6525 amending certain Sections of the Auburn City Code relating to the enforcement
of state regulations regarding the production, processing, and/or retail outlets and sales
of marijuana and terminating the moratorium implemented pursuant to Resolution No.
4992 passed on September 16, 2013; and
WHEREAS, Second Engrossed Second Substitute House Bill 2136 (2E2SHB
2136)(approved on June 30, 2015), and Second Substitute Senate Bill 5052 (2SSB 5052)
(approved on April 24, 2015 [with partial veto]), revised state requirements for state
marijuana regulations, including marijuana processors, producers, retailers, and
cooperatives; and
WHEREAS, the WSLCB notified the City of Auburn on September 23, 2015, that
pursuant to SB 5052 it would not limit the number of marijuana retailers licensed within
the City of Auburn to only those allocated per I- 502; and
WHEREAS, the City of Auburn adopted a moratorium, through Resolution No.
5194, prohibiting any new marijuana retailers not already in operation on January 4, 2016;
and
WHEREAS, in a public hearing on February 16, 2016, and in comments to City
elected officials, including social media posts, Auburn residents voiced concern for any
marijuana retailers in excess of the initial two (2) originally approved by 1- 502; and
WHEREAS, the WSLCB notified the City of Auburn on March 8, 2016, that it would
increase the number of marijuana retailers licensed within the City of Auburn to the two
(2) authorized by I- 502 and identified as the Stash Box and Evergreen Market, and an
additional two (2) Priority 1 applicants for licenses under SB 5052; and
WHEREAS, the WSLCB has since indicated that the number of SB 5052 retail
licenses within the City of Auburn may be increased in the future; and
WHEREAS, WSLCB then notified the City of Auburn on March 8, 2016, that
marijuana retailers, including the Evergreen Market, that were licensed using the I-502
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Ordinance No. 6642
May 12, 2017 (Planning Commission Hearing 6/6/17)
Page 4
lottery are not allowed to move out of the jurisdictions where they are licensed; and
WHEREAS, based upon — and in reliance on — that information, the City of
Auburn amended its moratorium, through its Resolution No. 5215, so as to authorize the
operation of [only] the two (2) marijuana retailers initially provided for by I-502; and
WHEREAS, other cities in Washington, such as - including Everett, Renton and
Vancouver, have adopted restrictions on the number of licensed retailers to conform to
initial I-502 approved caps; and
WHEREAS, the WSLCB continued to process and issue licenses to marijuana
retailers intended to operate within the City of Auburn pursuant to SB 5052 despite the
transmittal of Resolution No. 5215 to the WSLCB; and
WHEREAS, because of WSLCB’s continued processing and issuing of licenses
for retail marijuana businesses, and because new retail marijuana businesses continued
to engage in activities contrary to the City's moratoria, and in response to the inconsistent,
conflicting, and uncooperative positions of the WSLCB, the City of Auburn adopted its
Ordinance No. 6595 on April 4, 2016, which ordinance prohibited all marijuana related
activities within the City of Auburn; and
WHEREAS, the City Council approved Ordinance No. 6613 on August 15, 2016,
which Ordinance indicated (consistent with a report by the Northwest High Intensity Drug
Trafficking Area, a division of the Office of National Drug Control Policy) the need to
protect public health, safety and welfare by minimizing societal effects and impacts of
marijuana, such as a 122% increase in fatality motor vehicle accidents involving the use
of marijuana between 2010 and 2014 and a 312% increase in contacts to the Washington
Poison Center for intoxication calls pertaining to youth consumption of marijuana, and
other increases on demands for public services such as fire and police presence; and
WHEREAS, Ordinance No. 6613 also indicated that the City desired to provide
greater clarity as to permitted and prohibited marijuana retailers within the City of Auburn,
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Ordinance No. 6642
May 12, 2017 (Planning Commission Hearing 6/6/17)
Page 5
avoid onerous enforcement proceedings, improve voluntary compliance with local laws
pertaining to marijuana activities, facilitate improved cooperation with the WSLCB, and
protect the public health, safety and welfare while remaining cognizant of the approval of
I-502 by voters within the City of Auburn; and
WHEREAS, Ordinance No. 6613 further noted that the Auburn City Code did not
currently have specific provisions addressing a number of statutorily permitted marijuana
provisions and/or uses; and
WHEREAS, Ordinance NO. 6613 noted that the provisions for marijuana
cooperatives, marijuana researchers and marijuana transporters contained within SB
5052 went into effect July of 2016, and that marijuana cooperatives, marijuana
researchers and marijuana transporters are not explicitly addressed by current code
provisions; and
WHEREAS, Ordinance No. 6613 also indicated that the impacts and effects of
marijuana cooperatives, marijuana researchers and marijuana transporters on Auburn
and the Auburn community are unknown and deserving of study and review; and
WHEREAS, Ordinance No. 6613 further indicated that the inclusion of the
prohibition of marijuana cooperatives, marijuana researchers and marijuana transporters
in the City’s business licensing requirements, pending review and potential amendment
of the City Code, would provide greater safety, clarity, consistency, predictability and
uniformity that will benefit Auburn businesses and residents; and
WHEREAS, Ordinance No. 6613 stated that it would be advantageous for the City
of Auburn to have a thorough review made of the impacts and effects of marijuana
cooperatives, marijuana researchers and marijuana transporters; and
WHEREAS, Ordinance No. 6613 also stated that Sections 35A.63.220 and
36.70A.390 of the Revised Code of Washington (RCW) authorize the City Council to
adopt an immediate moratorium for a period of up to twelve (12) months if a public hearing
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Ordinance No. 6642
May 12, 2017 (Planning Commission Hearing 6/6/17)
Page 6
on the proposal is held within at least sixty (60) days of its adoption and a work plan is
developed for related studies providing for the moratorium period; and
WHEREAS, Ordinance No. 6613 further stated that the City Council desired to
impose a moratorium for an initial term of twelve (12) months on the acceptance and/or
processing of any permit or applications, for or related to any marijuana related activities,
including, but not limited to, licensing, permitting, siting, making structural or building
improvements, or operating any new marijuana activities; and any other marijuana uses
or activities that are not expressly provided by the City Code regulations addressed
herein; and
WHEREAS, Ordinance No. 6613 also stated that the City Council anticipated that
it could develop and adopt appropriate controls for marijuana retail facilities prior to the
expiration of the moratorium enacted hereby; and
WHEREAS, Ordinance No. 6613 identified the City Council’s position that it would
be advantageous for the City of Auburn to have a thorough review made of the
alternatives and options available to it for regulation of marijuana related uses and
activities; and
WHEREAS, Ordinance No. 6613 also identified the Council’s position that in the
event permanent regulations are adopted prior to the expiration of the twelve (12) month
moratorium established by the Ordinance, Ordinance No. 6613 could be repealed,
terminating the moratorium; and
WHEREAS, on January 14, 2014, the Washington State Attorney General's Office
issued its opinion (AGO No. 2014) that 1-502 does not preempt counties, cities, and towns
from banning recreational marijuana within their jurisdictions and that local ordinances
that do not expressly ban state licensed marijuana licensees from operating within the
jurisdiction but make such operation impractical are valid if they properly exercise the
local jurisdiction's police power; and
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Ordinance No. 6642
May 12, 2017 (Planning Commission Hearing 6/6/17)
Page 7
WHEREAS, several state courts have issued decisions that approve and affirm the
Attorney General's opinion that cities have the authority to regulate marijuana uses; and
WHEREAS, on May 20, 2015, the King County Superior Court issued its decision
in Greensun Group LLC v. City of Bellevue, No. 14-2-29863-3 SEA, which decision is
incorporated herein as if set forth in full. The court determined, inter alia, that "the City of
Bellevue has the authority to regulate the location and density of marijuana retail outlets
within its boundaries, including through the adoption and enforcement" of a requirement
that a retail marijuana outlet cannot be located within 1,000 feet of another retail marijuana
outlet; and that "the City has the authority to develop and apply processes for enforcing"
a 1,000 foot separation requirement, including through use of a first-in-time determination
based on the date and time of issuance of the state liquor control board license or
conditional license, whichever is issued first; and
WHEREAS, with the passage of 2SSB 5052 and 2E2SHB 2136, and consistent
with court decisions the City has the authority to regulate the location and density of
marijuana production, processing, distribution, and retail sales within its boundaries; and
WHEREAS, the establishment and/or licensing of marijuana uses may allow new
uses that are incompatible with nearby existing land uses and lead to erosion of
community character and harmony; and
WHEREAS, the presence of large amounts of cash and/or marijuana makes retail
outlets and other marijuana facilities a potential target of violent crime, including robberies
and burglaries, thereby placing area residents, business owners, and others in danger of
bodily harm, and increasing police enforcement risks and costs; and
WHEREAS, there may be other harmful secondary effects to public health, safety,
morals, and welfare as a result of marijuana production, processing, distribution, and retail
sales, which effects include but are not limited to loitering, odors, crime, and other
behaviors that may be inconsistent with the character of the surrounding neighborhood;
and
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Ordinance No. 6642
May 12, 2017 (Planning Commission Hearing 6/6/17)
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WHEREAS, it is critical to the public safety and economic vitality of the City to
ensure the impacts of business obtaining a license from the WSLCB to produce, process,
or sell marijuana are minimized; and
WHEREAS, the City Council deems it to be in the public interest to establish
permanent regulations regarding where marijuana producers, processors, and retail uses
may be located in the City of Auburn; and
WHEREAS, the City has a compelling interest in the protection of the health and
safety of all its residents, as well as a compelling interest in ensuring that the goals and
policies contained within the Comprehensive Plan and other policy/planning documents
are fulfilled; and
WHEREAS, ACC 14.03.060, Legislative Non-Project Decisions, specifies that
legislative non-project decisions made by the city council under its authority to establish
policies and regulations are not classified as a “type” of project permit decision and that
legislative non-project decisions include, but are not limited to amendments to the text
and map of the comprehensive plan or development regulations; and
WHEREAS, the Planning Commission held work sessions on DATE and
conducted a properly noticed public hearing (s) on DATE for the proposed amendments
to Title 18 (Zoning) of the Auburn City Code) contained herein; and
WHEREAS, the Planning Commission on a TBD motion voted to recommended
TBD to the Auburn City Council; and
WHEREAS, the City Council finds that the proposed amendments were processed
in accordance with applicable standards of Chapter 18.68, Amendments, of the Auburn
City Code and are consistent with the Comprehensive Plan, enhance the public health,
safety, and welfare, and are not contrary to the best interest of the residents, citizens,
property owners and businesses of the City of Auburn; and
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Ordinance No. 6642
May 12, 2017 (Planning Commission Hearing 6/6/17)
Page 9
WHEREAS, the City of Auburn has complied with the State Environmental Policy
Act (SEPA), Chapter 43.21C RCW, and the City's Environmental Review Procedures,
Chapter 16.06 ACC through issuance of TBD on DATE.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Recitals Adopted. That the City Council hereby adopts the recitals
contained in this Ordinance as Findings of Facts and Conclusions, as appropriate given
the context of each recital and incorporates said recitals herein by this reference.
Section 2. Repeal of Moratorium. That the moratorium specified in
Sections 9 of Ordinance No. 6613 is automatically expired on the effective date of this
Ordinance consistent with the applicable provision of Section 10 of Ordinance No. 6613
that specifies that the moratorium shall automatically expire upon the effective date of
zoning and land use regulations adopted by the City Council to address the
implementation of the State’s licensing of any marijuana/cannabis related business to be
located in the City of Auburn.
Section 3. Amendment to City Code. That Section 5.20.020 of the Auburn City
Code be and the same hereby is amended to read as follows:
5.20.250 Marijuana related activities.
A. Definitions.
1. “Marijuana cooperative” means up to four qualifying patients, as defined by
RCW 69.51A.010(19), who share responsibility for acquiring and supplying the resources
needed to produce and process marijuana, including tetrahydrocannabinols or
cannabimimetic agents, only for the medical use of members of the cooperative and not
for profit. At least until a thorough review of land use and code enforcement issues by the
planning commission and the city council, and possible amendment to the city code,
marijuana cooperatives shall not be permitted within the city of Auburn.
2. “Marijuana related business” means a person or entity engaged in for-profit
activity that includes the possession, cultivation, production, processing, distribution,
dispensation, or sale of tetrahydrocannabinols or cannabimimetic agents, as defined by
the Controlled Substances Act, codified at 21 USC Section 812, including marijuana
retailers, marijuana processors, and marijuana producers, as defined herein.
a. “Marijuana processor” means any person or entity licensed by the
Washington State Liquor and Cannabis Board to process, package, and label marijuana
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Page 10
concentrates, including tetrahydrocannabinols or cannabimimetic agents, in accordance
with the provisions of Chapters 65.50 and 69.51A RCW and Chapter 314-55 WAC.
b. “Marijuana producer” means any person or entity licensed by the
Washington State Liquor and Cannabis Board to produce marijuana, including
tetrahydrocannabinols or cannabimimetic agents, for wholesale to marijuana processors
and other marijuana producers pursuant to RCW 69.50.325.
c. “Marijuana retailer” means any person or entity established for the purpose
of making marijuana concentrates, usable marijuana and marijuana-infused products,
including tetrahydrocannabinols or cannabimimetic agents, available for sale to adults
aged 21 and over.
d. “Marijuana researcher” is a position licensed by the Washington State
Liquor and Cannabis Board that permits a licensee to produce, process, and possess
marijuana for the limited research purposes set forth in RCW 69.50.372. At least until a
thorough review of land use and code enforcement issues by the planning commission
and the city council, and possible amendment to the city code, marijuana researcher
businesses shall not be permitted within the city of Auburn.
e. “Marijuana transporter” is a position licensed by the Washington State
Liquor and Cannabis Board pursuant to WAC 314-55-310 that allows a licensee to
physically transport or deliver marijuana, marijuana concentrates, and marijuana-infused
products between licensed marijuana businesses within Washington State. At least until
a thorough review of land use and code enforcement issues by the planning commission
and the city council, and possible amendment to the city code, marijuana transporter
businesses shall not be permitted within the city of Auburn.
B. License Application – Qualification – Requirements to Apply. In addition to
the information required to be included with an application form pursuant to
ACC 5.10.040(a), an application for a license for a marijuana related business shall also
include:
1. License. Each application for a marijuana related business shall be
accompanied by a current, valid license to operate, as a marijuana producer or marijuana
processor issued by the Washington State Liquor and Cannabis Board, or a current, valid
license to operate as a marijuana retailer awarded by the Washington State Liquor and
Cannabis Board on the basis of I-502 lottery selection. Even if permitted or licensed by
and/or registered with the Washington State Liquor and Cannabis Board, marijuana
cooperatives, marijuana researchers and marijuana transporters are not qualified or
entitled to operate within the city of Auburn or to apply for a permit or business license
within the city of Auburn.1
a. The maximum number of licensed marijuana retailers authorized and allowed to
operate in the city of Auburn shall not exceed two.
b. Any marijuana producer or marijuana processors operating within the city (i)
shall strictly comply with all industrial, health and safety codes, including but not limited
to WAC 314-55-104 and RCW 69.50.348, and (ii) shall have at least 4,000 square feet of
building space utilized for its individual business, and the total square feet of all marijuana
producers and processors in the city shall not exceed 90,000 square feet of building
space; provided, that any such business that was licensed and existing prior to August 1,
2016, that did not have at least 4,000 square feet of building space utilized for its individual
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business may continue operating at its current location even though it did not have at
least 4,000 square feet of building space utilized for its individual business.
2. Security Requirements. Each application for a marijuana related business shall
be accompanied by documentation of compliance with the security requirements of
WAC 314-55-083(2) and (3).
3. Fingerprints. Each application for a marijuana related business or renewal shall
be accompanied by a complete set of fingerprints of all managers and owners of the
business, utilizing fingerprint forms as prescribed by the chief of police.
4. Crime Prevention Through Environmental Design (CPTED) Review. Each
application for a marijuana related business shall be required to complete a CPTED
review by the Auburn Police Department and to implement any CPTED measure directed.
Each applicant shall be required to provide certification of CPTED completion, as well as
evidence of compliance with required CPTED measures.
5. Compliance with Zoning Code. Each application for a marijuana related
business shall be required to provide certification that the proposed location complies with
all applicable provisions of ACC 18.59.030 and 18.59.110. In the event that certification
of compliance with the provisions of ACC 18.59.030 requires investigation of existing land
uses within an adjoining municipality, the applicant shall provide documentation from the
relevant municipality that the proposed location meets the requirements of ACC
18.59.030.
6. Release of Liability and Hold Harmless. Each application for a marijuana related
business shall be required to provide an executed release in a form approved by the
Auburn City Attorney's Office to the City of Auburn, for itself, its agents, officers, elected
officials and employees from any injuries, damages, or liabilities of any kind that result
from any arrest or prosecution or seizure of property, or liabilities of any kind that result
from any arrest or prosecution for violations of federal or state law relating to operation or
siting of a marijuana related use and business. Additionally, within the release document,
the permittee of a marijuana use shall indemnify and hold harmless the City of Auburn
and its agents, officers, elected officials, and employees from any claims, damages, or
injuries brought by adjacent property owners or other third parties due to operations at
the marijuana use and for any claims brought by any of the marijuana use's members,
employees, agents, guests, or invitees for problems, injuries, damages, or liability of any
kind that may arise out of the operation of the marijuana use.
C. License Regulations.
1. Access by City Officials. All city officials shall have free access to marijuana
related businesses licensed under the provisions of this chapter for the purposes of
inspecting and enforcing compliance with the provisions of this chapter, including periodic
CPTED review and compliance with required CPTED measures as directed by the
Auburn Police Department.
2. Entry Prohibitions for Certain Persons. It is unlawful for the owner,
proprietor, manager, or person in charge of any marijuana related business licensed
under the provisions of this chapter, or for any employee of said place, to allow entry or
admission to any person under the age of 21 years of age, any lewd or dissolute person,
any drunken or boisterous person, or any person under the influence of any intoxicant.
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3. Law Enforcement Officers Entry Right. It is unlawful for the owner,
proprietor, manager or person in charge of any marijuana related business licensed under
the provisions of this chapter to refuse admission to any peace officer of the city or of the
state, or any officer of the United States government charged with the duty of enforcing
the police laws of the United States. Said officers shall have free access at all times to
any marijuana related businesses licensed under the provisions of this chapter.
4. Operation Regulations. All marijuana, including tetrahydrocannabinols or
cannabimimetic agents, equipment and all cultivation, processing, production, storage or
sales shall be conducted entirely inside buildings. Any perimeter fencing intended for
security purposes shall meet the requirements of the city of Auburn and of the state of
Washington applicable thereto.
5. State Statute Compliance. All marijuana related businesses licensed under
the provisions of this chapter shall also comply with Chapters 69.50 and 69.51A RCW,
and Chapter 314-55 WAC, as applicable. (Ord. 6613 § 3, 2016.)
Section 4. Amendment to City Code. That Section 18.07.020 of the Auburn
City Code be and the same hereby is amended to read as follows:.
Table 18.07.020
Permitted Use Table – Residential Zoning Designations
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
Land Uses Zoning Designations
RC R-1 R-5 R-7 R-10 R-16 R-20
A. Residential Uses.
Accessory dwelling units P P P P X1 X1 X1
Accessory use, residential P P P P P P P
Adult family home P P P P P P P
Bed and breakfast P P P P P P P
Communal residence four or less individuals P P P P P P P
Duplexes; provided, that minimum lot size of
zoning designation is met and subject to
compliance with Chapter 18.25 ACC (Infill
Residential Development Standards)
X X A P P P X
Foster care homes P P P P P P P
Group residence facilities (7 or more
residents) X X X X C C C
Group residence facilities (6 or fewer
residents) P P P P P P P
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Page 13
Table 18.07.020
Permitted Use Table – Residential Zoning Designations
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
Land Uses Zoning Designations
RC R-1 R-5 R-7 R-10 R-16 R-20
Keeping of animals4 P2 P2 P2 P2 P2 P2 P2
Multiple-family dwellings X X X X A P P
Neighborhood recreational buildings and
facilities owned and managed by the
neighborhood homeowners’ association
A6 A6 A6 A6 A6 P P
Use as dwelling units of (1) recreational
vehicles that are not part of an approved
recreational vehicle park, (2) boats, (3)
automobiles, and (4) other vehicles
X X X X X X X
Renting of rooms, for lodging purposes only,
to accommodate not more than two persons
in addition to the family or owner occupied
unit8
P P P P P P P
Residential care facilities including but not
limited to assisted living facilities,
convalescent homes, continuing care
retirement facilities
P P X X A P P
Single-family detached dwellings, new P P P P P P X
Supportive housing, subject to the provisions
of ACC 18.31.160 X X X X X P P
Swimming pools, tennis courts and similar
outdoor recreation uses only accessory to
residential or park uses
P P P P P P P
Townhouses (attached) X X X X P P P
B. Commercial Uses.
Commercial horse riding and bridle trails A X X X X X X
Commercial retail, included as part of mixed-
use development and not a home occupation
in compliance with Chapter 18.60 ACC
X X X X A A A
Daycare, limited to a mini daycare center.
Daycare center, preschool or nursery school
may also be permitted but must be located
on an arterial
X A A A A A A
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Ordinance No. 6642
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Table 18.07.020
Permitted Use Table – Residential Zoning Designations
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
Land Uses Zoning Designations
RC R-1 R-5 R-7 R-10 R-16 R-20
Home-based daycare as regulated by RCW
35.63.185 and through receipt of approved
city business license
P P P P P P P
Home occupations subject to compliance
with Chapter 18.60 ACC P P P P P P P
Marijuana cooperative X X X X X X X
Marijuana processor X X X X X X X
Marijuana producer X X X X X X X
Marijuana related businesses X X X X X X X
Marijuana researcher X X X X X X X
Marijuana retailer X X X X X X X
Marijuana transporter business X X X X X X X
Mixed-use development3 X X X X P P P
Nursing homes X X X X C C C
Private country clubs and golf courses,
excluding driving ranges X X C C C X X
Privately owned and operated parks and
playgrounds and not homeowners’
association-owned recreational area
X A A A A P P
Professional offices, included as part of
mixed-use development and not a home
occupation in compliance with Chapter 18.60
ACC
X X X X A A A
C. Resource Uses.
Agricultural enterprise:7
When 50 percent, or more, of the total site
area is dedicated to active agricultural
production during the growing season, and
with 52 or less special events per calendar
year
A7 X X X X X X
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Ordinance No. 6642
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Page 15
Table 18.07.020
Permitted Use Table – Residential Zoning Designations
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
Land Uses Zoning Designations
RC R-1 R-5 R-7 R-10 R-16 R-20
When less than 50 percent of the total site
area is dedicated to active agricultural
production during the growing season, or with
more than 52 special events per calendar
year
C7 X X X X X X
Agricultural type uses are permitted provided
they are incidental and secondary to the
single-family use:
Agricultural crops and open field growing
(commercial) P X X X X X X
Barns, silos and related structures P X X X X X X
Commercial greenhouses P X X X X X X
Pasturing and grazing4 P X X X X X X
Public and private stables4 P X X X X X X
Roadside stands, for the sale of agricultural
products raised on the premises. The stand
cannot exceed 300 square feet in area and
must meet the applicable setback
requirements
P X X X X X X
Fish hatcheries C X X X X X X
D. Government, Institutional, and Utility Uses.
Civic, social and fraternal clubs X X X X A A A
Government facilities A A A A A A A
Hospitals (except animal hospitals) X X X X X C C
Municipal parks and playgrounds A P P P P P P
Museums X X X X A A A
Religious institutions, less than one acre lot
size A A A A A A A
Religious institutions, one acre or larger lot
size C C C C C C C
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Ordinance No. 6642
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Page 16
Table 18.07.020
Permitted Use Table – Residential Zoning Designations
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
Land Uses Zoning Designations
RC R-1 R-5 R-7 R-10 R-16 R-20
Transmitting towers C C C C C C C
Type 1-D wireless communication facility
(see ACC 18.04.912(J)) P P P P P P P
Utility facilities and substations C5 C5 C5 C5 C5 C5 C5
1. An accessory dwelling unit may be permitted with an existing single-family residence pursuant to ACC
18.31.120.
2. Please see the supplemental development standards for animals in ACC 18.31.220.
3. Individual uses that make up a mixed-use development must be permitted within the zone. If a use
making up part of a mixed-use development requires an administrative or conditional use permit, the
individual use must apply for and receive the administrative or conditional use approval, as applicable.
4. Proximity of pasture or livestock roaming area to wells, surface waters, and aquifer recharge zones is
regulated by the King or Pierce County board of health, and property owners shall comply with the
provisions of the King County board of health code.
5. Excludes all public and private utility facilities addressed under ACC 18.02.040(E).
6. Administrative use permit not required when approved as part of a subdivision or binding site plan.
7. Agricultural enterprise uses are subject to supplemental development standards under ACC 18.31.210,
Agricultural enterprises development standards.
8. An owner occupant that rents to more than two persons but no more than four persons is required to
obtain a city of Auburn rental housing business license and shall meet the standards of the International
Property Maintenance Code.
(Ord. 6600 § 9, 2016; Ord. 6565 § 2, 2015; Ord. 6560 § 9, 2015; Ord. 6477 § 8, 2013; Ord. 6369 § 2, 2011;
Ord. 6363 § 3, 2011; Ord. 6269 § 3, 2009; Ord. 6245 § 5, 2009.)
Section 5. Amendment to City Code. That Section 18.09.020 of the
Auburn City Code is hereby amended as follows:
18.09.020 Uses.
Permitted Use Table – Residential Zoning Designations
Land Use R-MHC Zone
A Manufactured/Mobile home community P
B Residential accessory use P
C Manufactured/Mobile home community accessory use P
D Keeping of not more than six household pets. This limit shall not apply to
birds, fish, or suckling young of pets. P
E Home-based daycare P
F Daycare limited to a mini daycare center, daycare center, or
preschool/nursery school A
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Ordinance No. 6642
May 12, 2017 (Planning Commission Hearing 6/6/17)
Page 17
G Marijuana cooperative X
H Marijuana processor X
I Marijuana producer X
J Marijuana related businesses X
K Marijuana researcher X
L Marijuana retailer X
M Marijuana transporter business X
P = Permitted Use
A = Use may be permitted in district when an administrative use permit has been issued pursuant to
the provisions of Chapter 18.64 ACC.
C = Use may be permitted in district when a conditional use permit has been issued pursuant to the
provisions of Chapter 18.64 ACC.
X = Prohibited
Also see ACC 18.02.120 for further rules on interpretation. (Ord. 6269 § 4, 2009; Ord. 6245 § 6,
2009.)
Section 6. Amendment to City Code. That Section 18.21.010 of the Auburn
City Code be and the same hereby is amended to read as follows:
18.21.010 Lea Hill overlay.
A. Purpose. The purpose of this section is to provide for additional
development standards to address the area commonly referred to as the Lea Hill
annexation area, as annexed under city of Auburn Ordinance Nos. 5346 and 6121, and
identified on the city of Auburn comprehensive zoning map. While the intent is that the
development standards for zones in the Lea Hill annexation area will be similar to (if not
the same as) corresponding zones in other areas of the city, some variations are needed
to recognize previous development allowed by King County zoning. Unless otherwise
provided for in this section, all other provisions and requirements of this title shall apply
to properties within the Lea Hill overlay.
B. Development Standards – Lots Previously Approved.
1. For any residential lot that had received final plat approval, final short plat
approval, or preliminary plat approval or that King County had received and determined
the application complete for a preliminary plat or short plat, prior to the effective date of
annexation into the city of Auburn, the development standards in the following table shall
apply. The property owner/applicant shall be responsible to provide to the city evidence
of these previous approvals.
2. Any further subdivision of any lot and its subsequent use must conform to
the permitted uses and standards referenced in the applicable zoning chapters of this
title, except as modified by this section. For farm animals, subsection E of this section or
subsection 18.31.210 shall apply.
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Ordinance No. 6642
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Page 18
Zone
Min
Lot
Area
(Sq.
Ft.)
Min
Lot
Area
(Sq.
Ft. per
Unit)
Min Lot
Width
(Ft.)
Max Lot
Coverage
(%)
Setbacks* Building Height
Front
(Ft.)
Rear
(Ft.)
Side,
Interior
(Ft.)
Side,
Street
(Ft.)
Main
(Ft.) Accessory (Ft.)
R-1 8,000 N/A 35 35 20 5 5 10 35 35
R-5 2,500 N/A 30 35 10 5 5 10 35 16
R-7 2,500 6,000 30 35 10 5 5 10 35 16
R-10 2,500 4,300 30 40 10 5 5 10 35 35
R-16 2,500 2,700 30 55 10 5 5 10 35 35
R-20 2,500 2,175 30 55 10 5 5 10 35 35
* Garages and other similar structures with a vehicular access require a 20-foot setback from any street.
C. Prior King County Approvals. The city of Auburn will recognize the terms of
any King County-approved plat, PUD, conditional use permit, contract rezone or similar
contractual obligations that may have been approved prior to the effective date of the
annexation of the subject property. The conditions of any project that was approved by
King County shall be required to be fulfilled in the city of Auburn.
D. Planning Director Authorization. The planning director shall be authorized
to interpret the language of any King County permit, plat or condition thereof and
effectuate the implementation of same to the fullest extent possible. If there is a conflict
between a previous King County approval and the Auburn regulation then the most
restrictive provision shall apply as determined by the planning director.
E. Farm Animals.
1. For properties greater than an acre in the R-1, R-5 and R-7 zones, it is
permissible to keep farm animals (excluding goats and swine in the R-5 and R-7 zones);
provided, there shall not be more than one horse, cow, donkey or other similar large
animal, or four small animals such as sheep, or 12 poultry, rabbits, or similar size animals
per each acre of enclosed usable pasture or roaming area. This acreage requirement is
in addition to the minimum lot size requirements of the zone. Property owners of more
than an acre in the Lea Hill Overlay may choose to apply these standards or the standards
in subsection 18.31.210.
2. Shelters provided for farm animals shall be constructed no closer than 50
feet from any adjoining lot and shall be 100 feet from any public street or alley. Any corral,
exercise yard, or arena shall maintain a distance of 35 feet from any property line. This
excludes pasture area.
3. For those properties that do not meet the requirements of subsection (E)(1)
of this section, and farm animals were present prior to annexation, the farm animals may
remain as legal nonconforming uses. In such case the number of farm animals allowed
may be the same as what the county zoning provisions had allowed prior to the effective
date of the annexation of the subject property.
F. Lot Averaging – R-1 Zone. It may be possible to subdivide land in the R-1
zone into lots smaller than 35,000 square feet if the property has a significant amount of
non-buildable land due to steep slopes, wetlands or similar features that would be in the
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Ordinance No. 6642
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Page 19
public’s best interest to maintain. The following regulations shall apply in situations where
lot averaging is permitted or required:
1. At least 50 percent of the subdivision must be set aside as open space.
Critical areas (i.e., steep slopes, wetlands) can count towards the 50 percent requirement.
Maintenance of the open space tract or easement shall be the responsibility of the
property owner and/or a homeowners’ association.
2. The number of allowable lots in a subdivision shall be determined by
multiplying the total number of acres in the subdivision by one. Any fraction shall be
rounded to the nearest whole number with one-half being rounded up.
3. The minimum size of any lot shall be 8,000 square feet. For lots less than
35,000 square feet, the minimum lot width shall be consistent with the requirements of
the R-5 zone (Chapter 18.07 ACC). All other applicable development standards related
to the R-1 zone will continue to apply.
4. Lots within the subdivision shall be clustered so as to provide for continuity
of open space within the subdivision and, where possible, with adjoining parcels.
5. Each lot within a subdivision shall illustrate a building area within which the
house, accessory structures, and parking areas shall be constructed. The building area
shall be exclusive of setbacks, non-buildable areas or any required buffers from the non-
buildable areas. Any preliminary plat, final plat or short plat shall illustrate the building
area for each lot. Any future construction will be limited to the identified building area.
6. A native growth protection easement or similar device, which may include
provisions for the limited removal of vegetation and passive use of the easement, that
perpetually protects the non-buildable areas must be recorded with the final plat or short
plat.
G. All marijuana related businesses and marijuana cooperatives are prohibited
land uses within the Lea Hill overlay. (Ord. 6369 § 3, 2011; Ord. 6245 § 13, 2009.)
Section 7. Amendment to City Code. That Section 18.21.020 of the Auburn
City Code be and the same hereby is amended to read as follows:
18.21.020 West Hill overlay.
A. Purpose. The purpose of this section is to provide for additional
development standards to address the area commonly referred to as the West Hill
annexation area, as annexed under city of Auburn Ordinance No. 6122 and identified on
the city of Auburn comprehensive zoning map. While the intent is that the development
standards for zones in the West Hill annexation area will be similar to (if not the same as)
corresponding zones in other areas of the city, some variations are needed to recognize
previous development allowed by King County zoning. Unless otherwise provided for in
this section, all other provisions and requirements of this title shall apply to properties
within the West Hill overlay.
B. Development Standards – Lots Previously Approved.
1. For any residential lot that had received final plat approval, final short plat
approval, preliminary plat approval or that King County had received and determined the
application complete for a preliminary plat or short plat, prior to the effective date of
annexation, the development standards in the following table shall apply. The property
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Ordinance No. 6642
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Page 20
owner/applicant shall be responsible to provide evidence of these previous
approvals/decisions.
2. Any further subdivision of any lot and its subsequent use must conform to
the permitted uses and standards referenced in the applicable zoning chapters of this
title, except as modified by this section. For farm animals, subsection E of this section or
subsection 18.31.210 shall apply.
Zone
Min Lot
Area (Sq.
Ft.)
Min Lot
Area (Sq.
Ft. per Unit)
Min Lot
Width
(Ft.)
Max Lot
Coverage
(%)
Setbacks* Building Height
Front
(Ft.)
Rear
(Ft.)
Side,
Interior
(Ft.)
Side,
Street (Ft.)
Main
(Ft.)
Accessory
(Ft.)
R-1 8,000 N/A 35 35 20 5 5 10 35 35
R-5 2,500 N/A 30 35 10 5 5 10 35 16
R-7 2,500 6,000 30 35 10 5 5 10 35 16
* Garages and other similar structures with a vehicular access require a 20-foot setback from any street.
C. Prior King County Approvals. The city of Auburn will recognize the terms of
any King County-approved plat, PUD, conditional use permit, contract rezone or similar
contractual obligations that may have been approved prior to the effective date of the
annexation of the subject property. The conditions of any project that was approved by
King County shall be required to be fulfilled in the city of Auburn.
D. Planning Director Authorization. The planning director shall be authorized
to interpret the language of any King County permit, plat or condition thereof and
effectuate the implementation of same to the fullest extent possible. If there is a conflict
between a previous King County approval and the Auburn regulation, then the most
restrictive provision shall apply as determined by the planning director.
E. Farm Animals.
1. For properties greater than an acre in the R-1, R-5 and R-7 zones within the
West Hill overlay, it is permissible to keep farm animals (excluding goats and swine in the
R-5 and R-7 zones); provided, there shall not be more than one horse, cow, donkey or
other similar large animal, or four small animals such as sheep, or 12 poultry, rabbits, or
similar size animals per each acre of enclosed usable pasture or roaming area. This
acreage requirement is in addition to the minimum lot size requirements of the applicable
zone. Property owners of more than an acre in the West Hill Overlay district may choose
to apply these standards, or the standards in subsection 18.31.210.
2. Shelters provided for farm animals shall be constructed no closer than 50
feet from any adjoining lot and no closer than 100 feet from any public street or alley. Any
corral, exercise yard, or arena shall maintain a distance of 35 feet from any property line.
This excludes pasture areas.
3. For those properties that do not meet the requirements of subsection (E)(1)
of this section, and farm animals were present prior to annexation, the farm animals may
remain as legal nonconforming uses. In such case, the number of farm animals allowed
may be the same as what the county zoning provisions had allowed prior to the effective
date of the annexation of the subject property.
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F. All marijuana related businesses and marijuana cooperatives are prohibited
land uses within the West Hill overlay. (Ord. 6369 § 3, 2011; Ord. 6245 § 13, 2009.)
Section 8. Amendment to City Code. That Section 18.21.030 of the Auburn
City Code be and the same hereby is amended to read as follows:
18.21.030 Urban separator overlay.
A. Purpose. The purpose of this section is to provide for additional
development standards to address the area designated as urban separator in the city’s
comprehensive plan, as prescribed in the interlocal agreement between the city and King
County approved under city of Auburn Resolution No. 4113 and identified on the city of
Auburn comprehensive land use map. Unless otherwise provided for in this section, all
other provisions and requirements of this title shall apply to properties within the urban
separator overlay.
B. Development Standards. For property located within a designated urban
separator, lot averaging shall be required. The regulations of ACC 18.21.010(F) shall
apply in situations where lot averaging is used.
C. All marijuana related businesses and marijuana cooperatives are prohibited
land uses within the Urban Separator Overlay. (Ord. 6369 § 3, 2011; Ord. 6245 § 13,
2009.)
Section 9. Amendment to City Code. That Section 18.23.030 of the Auburn
City Code be and the same hereby is amended to read as follows:
18.23.030 Uses.
A. General Permit Requirements. Table 18.23.030 identifies the uses of land
allowed in each commercial and industrial zone and the land use approval process
required to establish each use.
B. Requirements for Certain Specific Land Uses. Where the last column in
Table 18.23.030 (“Standards for Specific Land Uses”) includes a reference to a code
section number, the referenced section determines other requirements and standards
applicable to the use regardless of whether it is permitted outright or requires an
administrative or conditional use permit.
Table 18.23.030 Permitted, Administrative, Conditional and Prohibited Uses by Zone
PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE Zoning Designation Standards for
Specific Land Uses
C-N C-1 C-2 C-3 C-4 M-1 EP M-2
INDUSTRIAL, MANUFACTURING AND PROCESSING, WHOLESALING
Building contractor, light X X X P X P X P
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Table 18.23.030 Permitted, Administrative, Conditional and Prohibited Uses by Zone
PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE Zoning Designation Standards for
Specific Land Uses
C-N C-1 C-2 C-3 C-4 M-1 EP M-2
Building contractor, heavy X X X X X A X P
Manufacturing, assembling and packaging
– Light intensity
X X X P X P P P ACC 18.31.180
Manufacturing, assembling and packaging
– Medium intensity
X X X A X P A P ACC 18.31.180
Manufacturing, assembling and packaging
– Heavy intensity
X X X X X X X A ACC 18.31.180
Marijuana processor X X X X X C C C ACC 18.59
Marijuana producer X X X X X C C C ACC 18.59
Marijuana researcher X X X X X C C C ACC 18.59
Marijuana retailer X X X C X C C C ACC 18.59
Marijuana transporter business X X X X X C C C ACC 18.59
Outdoor storage, incidental to principal
permitted use on property
X X X P X P P P ACC 18.57.020(A)
Storage – Personal household storage
facility (mini-storage)
X P X P X P X P ACC 18.57.020(B)
Warehousing and distribution X X X X X P P C ACC 18.57.020(C)
Warehousing and distribution, bonded and
located within a designated foreign trade
zone
X X X P X P P P
Wholesaling with on-site retail as an
incidental use (coffee, bakery, e.g.)
X X X P X P P P
RECREATION, EDUCATION AND PUBLIC ASSEMBLY USES
Commercial recreation facility, indoor X P P P P P P A
Commercial recreation facility, outdoor X X X A X P A A ACC 18.57.025(A)
Conference/convention facility X X A A X A X X
Library, museum X A A A X A P X
Meeting facility, public or private A P P P X A P A
Movie theater, except drive-in X P P P P X X X
Private school – Specialized
education/training (for profit)
A A P P P P P P
Religious institutions, lot size less than one
acre
A P P P A A A A
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Table 18.23.030 Permitted, Administrative, Conditional and Prohibited Uses by Zone
PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE Zoning Designation Standards for
Specific Land Uses
C-N C-1 C-2 C-3 C-4 M-1 EP M-2
Religious institutions, lot size more than
one acre
C P P P A A A A
Sexually oriented businesses X X X P X P X P Chapter 18.74 ACC
Sports and entertainment assembly facility X X A A X A X A
Studio – Art, dance, martial arts, music, etc. P P P P P P A A
RESIDENTIAL
Caretaker apartment X P P P X P P P
Live/work or work/live unit X P P P P P P X
Marijuana Cooperative X X X X X X X X
Multiple-family dwellings as part of a mixed-
use development
X P P P P P P X ACC 18.57.030(A)
Multiple-family dwellings, stand-alone X X X X X X X X ACC 18.57.030(B)
Nursing home, assisted living facility X P P P C X X X
Senior housing X A A A X X X X
RETAIL
Building and landscape materials sales X X X P X P X P ACC 18.57.035(A)
Construction and heavy equipment sales
and rental
X X X X X A X P
Convenience store A A P P X P P P
Drive-through espresso stands A A A P A P A A
Drive-through facility, including banks and
restaurants
A A A P P P X P ACC 18.52.040
Entertainment, commercial X A P P X A X A
Groceries, specialty food stores P P P P P P P X ACC 18.57.035(B)
Nursery X X X P A P X P ACC 18.57.035(C)
Outdoor displays and sales associated with
a permitted use (auto/vehicle sales not
included in this category)
P P P P P P P P ACC 18.57.035(D)
Restaurant, cafe, coffee shop P P P P P P P P
Retail
Community retail establishment A P P P P P X P
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Table 18.23.030 Permitted, Administrative, Conditional and Prohibited Uses by Zone
PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE Zoning Designation Standards for
Specific Land Uses
C-N C-1 C-2 C-3 C-4 M-1 EP M-2
Neighborhood retail establishment P P P P P P X P
Regional retail establishment X X X P P P X A
Tasting room P P P P P P P P
Tavern P P X P P P X A
Wine production facility, small craft
distillery, small craft brewery
A P P P P P P P
SERVICES
Animal daycare (excluding kennels and
animal boarding)
A A A P A P X P ACC 18.57.040(A)
Animal sales and services (excluding
kennels and veterinary clinics)
P P P P P P X P ACC 18.57.040(B)
Banking and related financial institutions,
excluding drive-through facilities
P P P P P P P P
Catering service P P P P A P A P
Daycare, including mini daycare, daycare
center, preschools or nursery schools
A P P P P P P X
Dry cleaning and laundry service (personal) P P P P P P P P
Equipment rental and leasing X X X P X P X P
Kennel, animal boarding X X X A X A X A ACC 18.57.040(C)
Government facilities, this excludes offices
and related uses that are permitted outright
A A A A A A A A
Hospital X P P P X P X P
Lodging – Hotel or motel X P P P P A P A
Medical – Dental clinic P P P P P P X X
Mortuary, funeral home, crematorium A P X P X P X X
Personal service shops P P P P P P X X
Pharmacies P P P P P X X X
Print and copy shop P P P P P P X X
Printing and publishing (of books,
newspaper and other printed matter)
X A P P P P P P
Professional offices P P P P P P P P
Repair service – Equipment, appliances X A P P P P X P ACC 18.57.040(D)
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Table 18.23.030 Permitted, Administrative, Conditional and Prohibited Uses by Zone
PERMITTED, ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE Zoning Designation Standards for
Specific Land Uses
C-N C-1 C-2 C-3 C-4 M-1 EP M-2
Veterinary clinic, animal hospital A P P P P P X X
TRANSPORTATION, COMMUNICATIONS AND INFRASTRUCTURE
Ambulance, taxi, and specialized
transportation facility
X X X A X P X P
Broadcasting studio X P X P X P X P
Heliport X X X C X C X C
Motor freight terminal 1 X X X X X X X X See Footnote No. 1
Parking facility, public or commercial,
surface
X P P P P P P X
Parking facility, public or commercial,
structured
X P P P P P P X
Towing storage yard X X X X X A X P ACC 18.57.045(A)
Utility transmission or distribution line or
substation
A A A A A A A A
Wireless communication facility (WCF) – – – – – – – – ACC 18.04.912,
18.31.100
VEHICLE SALES AND SERVICES
Automobile washes (automatic, full or self-
service)
X A X P P P X P ACC 18.57.050(A)
Auto parts sales with installation services X A A P P P X P
Auto/vehicle sales and rental X A X P X P X P ACC 18.57.050(B)
Fueling station X A A P P P X P ACC 18.57.050(C)
Mobile home, boat, or RV sales X X X P X P X P
Vehicle services – Repair/body work X X A P X P X P ACC 18.57.050(D)
OTHER
Any commercial use abutting a residential
zone which has hours of operations outside
of the following: Sunday: 9:00 a.m. to 10:00
p.m. or Monday – Saturday: 7:00 a.m. to
10:00 p.m.
A A A A A A A A
(Ord. 6508 § 1, 2014; Ord. 6433 § 26, 2012.)
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Section 10. Amendment to City Code. That Section 18.29.050 of the Auburn
City Code be and the same hereby is amended to read as follows:
18.29.050 Use limitations.
Hereafter, all buildings, structures or properties may be used for any use, unless
specifically prohibited herein. Ground floor retail, restaurants and/or office use is required
for all building frontages facing Main Street. All uses shall be subject to review and
approval by the director. The following uses are prohibited:
A. Sexually oriented businesses as defined in Chapter 18.74 ACC.
B. Taverns.
C. All industrial uses as defined in the North American Industrial Classification
System (1997 Edition), categories 48 – 49 (transportation), 31 – 33 (manufacturing) and
42 (wholesale).
D. Outdoor storage of materials and equipment (except during active
construction projects).
E. New automobile maintenance and repair businesses.
F. Work release facilities; secure community transition facilities.
G. Wrecking yards.
H. Solid waste transfer stations.
I. Car washes.
J. New gasoline stations.
K. Street-level ministorage.
L. Outdoor sales of vehicles, boats or equipment.
M. Drive-in/drive-through facilities with direct vehicular driveway access onto
Main Street.
N. All Marijuana Related Businesses and Marijuana Cooperatives
O. Other uses may be prohibited by the director if the use is determined to be
inconsistent with the intent of this zone or is of the same general character of the other
prohibited uses listed in this section. (Ord. 6071 § 6 [Exh. A], 2007.)
Section 11. Amendment to City Code. That Section 18.35.030 of the Auburn
City Code be and the same hereby is amended to read as follows:
18.35.30 Uses.
A. General permit requirements. Table 18.35.030 identifies the uses of land
allowed in each special purpose zone and the planning permit required to establish each
use.
B. Requirements for certain specific land uses. Where the last column in Table
18.35.030 (“Standards for Specific Land Uses”) includes a section number, the
referenced section determines other requirements and standards applicable to the use
regardless of whether it is permitted outright or requires an administrative or conditional
use permit.
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Table 18.35.030 Permitted, Administrative, Conditional and Prohibited Uses by Zone
Permitted, Administrative, Conditional and Prohibited Uses by Zone P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE Zoning Designations Standards for Specific
Land Uses RO RO-H P-1 I
MARIJUANA RELATED BUSINESSES
Marijuana processor X X X X
Marijuana producer X X X X
Marijuana researcher X X X X
Marijuana retailer X X X X
Marijuana transporter business X X X X
PUBLIC
Animal shelter, public X X P X
Government facilities, this excludes offices and
related uses that are permitted outright
A A P P
Municipal parks and playgrounds P P P P
RECREATION, EDUCATION AND PUBLIC ASSEMBLY
Campgrounds and recreational vehicle parks, private X X X P
Cemetery, public X X P A
Cemetery, private X X X A
College, university, public X X A A
Commercial recreation facility – Indoor X X X P
Commercial recreation facility – Outdoor X X X A ACC 18.57.025(A)
Conference/convention facility X X X A
Library, museum X X P P
Meeting facility, public or private A A P P
Private school – specialized education/training (for
profit)
P P X P
Public schools (K-12) and related facilities X X P P
Religious institutions, lot size less than one acre A P X P
Religious institutions, lot size more than one acre C A X P
Studio – Art, dance, martial arts, music, etc. P X X X
RESIDENTIAL
Duplex P (1) X X A
Home occupation P P X P Chapter 18.60 ACC
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Table 18.35.030 Permitted, Administrative, Conditional and Prohibited Uses by Zone
Permitted, Administrative, Conditional and Prohibited Uses by Zone P – Permitted
C – Conditional
A – Administrative
X – Prohibited
LAND USE Zoning Designations Standards for Specific
Land Uses RO RO-H P-1 I
Live/work, work/live unit A P X A
Marijuana Cooperative X X X X
Multiple-family dwellings, stand-alone P (2) A (3) X A
One detached single-family dwelling P X X X
Nursing home, assisted living facility A A X P
Senior housing A A X A
RETAIL
Restaurant, cafe, coffee shop, excluding drive-
through facilities
A A P A
SERVICES
Banking and related financial institutions, excluding
drive-through facilities (4)
P P X X
Daycare, including mini daycare, daycare center,
preschools or nursery schools
A P X P
Home-based daycare P P X P
Medical services – Clinic or urgent care (4) P P X X
Mortuary, funeral home, crematorium X P X X
Professional offices P P X A
Personal service shops P P X X
Pharmacies X P X X
Notes:
1. Duplexes, 3,600 square feet of lot area per dwelling unit is required
2. Multi-family dwellings; provided that 2,400 square feet of lot area is provided for each dwelling unit
3. Multi-family dwellings; provided 1,200 square feet of lot area is provided for each dwelling unit. (Ord. 6269 § 28,
2009)
4. Permitted within a public college or university as an amenity or service provided to students. A stand-alone bank
or medical services/clinic is not permitted.
(Ord. 6434 § 1, 2012.)
Section 12. Amendment to City Code. That Section 18.42.020 of the Auburn
City Code be and the same hereby is amended to read as follows:
18.42.020 Establishment.
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Those areas previously annexed to the city for which no city zoning classification
has been fixed or determined by ordinance are zoned UNC, unclassified use district.
Unclassified zoned property shall assume the R-1 standards for permitted uses and
development standards, provided that all marijuana related businesses and marijuana
cooperatives shall be prohibited in the Unclassified Use District. (Ord. 4229 § 2, 1987.)
Section 13. Amendment to City Code. That Section 18.78.020 of the Auburn
City Code be and the same hereby is amended to read as follows:
18.78.020 Permitted uses.
The permitted uses allowed in the Terrace View zoning district will be those as
allowed within Chapter 18.30 ACC, C-3 Heavy Commercial District, as may be amended.
The process to allow any use on the Terrace View property shall be as required by this
title with the exception that apartments/multifamily units will be considered an outright
permitted use and will not require an administrative use permit. Notwithstanding the
foregoing, all marijuana related businesses and marijuana cooperatives shall not be
permitted in any residential or non-residential portion of the Terrace View zoning district.
(Ord. 6269 § 26, 2009; Ord. 5377 § 2, 2000.)
Section 14. Amendment to City Code. That Section 18.04.120 of the Auburn
City Code be and the same hereby is amended to read as follows:
18.04.120 "Arcade".
“Arcade” includes any place of business having in excess of four mechanical
amusement devices as defined in ACC 18.04.100. means an entertainment venue
featuring primarily video games, simulators, and/or other amusement devices where
persons under twenty-one years of age are not restricted.
Section 15. New Section to City Code. That a new Section 18.04.1001 of the
Auburn City Code be and the same hereby is created to read as follows:
18.04.1001 "Child care center".
“Child care center" means an entity that regularly provides child day care and early
learning services for a group of children for periods of less than twenty-four hours licensed
by the Washington state department of early learning under Chapter 170-295 of the
Washington Administrative Code (WAC).
Section 16. New Section to City Code. That a new Section 18.04.1005 of the
Auburn City Code be and the same hereby is created to read as follows
18.04.1005 "Marijuana" or "marihuana."
"Marijuana" or "marihuana" means all parts of the plant Cannabis, whether growing
or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds
thereof; the resin extracted from any part of the plant; and every compound, manufacture,
salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not
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include the mature stalks of the plant, fiber produced from the stalks, oil or cake made
from the seeds of the plant, any other compound, manufacture, salt, derivative, 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.
Section 17. New Section to City Code. That a new Section 18.04.1007 of the
Auburn City Code be and the same hereby is created to read as follows:
18.04.1007 “Marijuana cooperative.”
“Marijuana cooperative” means up to four qualifying patients, as defined by RCW
69.51A.010(19), who share responsibility for acquiring and supplying the resources
needed to produce and process marijuana, including tetrahydrocannabinols or
cannabimimetic agents, only for the medical use of members of the cooperative and not
for profit.
Section 18. New Section to City Code. That a new Section 18.04.1009 of the
Auburn City Code be and the same hereby is created to read as follows:
18.04.1009 "Marijuana-infused products."
"Marijuana-infused products" means products that contain marijuana or marijuana
extracts and are intended for human use. The term "marijuana- infused products" does
not include useable marijuana.
Section 19. New Section to City Code. That a new Section 18.04.1011 of the
Auburn City Code be and the same hereby is created to read as follows:
18.04.1011 “Marijuana processor.”
“Marijuana processor” means any person or entity licensed by the Washington
state liquor and cannabis board to process, package, and label marijuana concentrates,
including tetrahydrocannabinols or cannabimimetic agents, in accordance with the
provisions of RCW chapters 65.50 and 69.51a and WAC chapter 314-55.
Section 20. New Section to City Code. That a new Section 18.04.1013 of the
Auburn City Code be and the same hereby is created to read as follows:
18.04.1013 “Marijuana producer.”
“Marijuana producer” means any person or entity licensed by the Washington state
liquor and cannabis board to produce marijuana, including tetrahydrocannabinols or
cannabimimetic agents, for wholesale to marijuana processors and other marijuana
producers pursuant to RCW 69.50.325.
Section 21. New Section to City Code. That a new Section 18.04.1015 of the
Auburn City Code be and the same hereby is created to read as follows:
18.04.1015 “Marijuana related business.”
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“Marijuana related business” means a person or entity engaged in for-profit activity
that includes the possession, cultivation, production, processing, distribution,
dispensation, or sale of tetrahydrocannabinols or cannabimimetic agents, as defined by
the controlled substances act, codified at 21 U.S.C. § 812, including marijuana retailers,
marijuana processors, and marijuana producers, as defined herein.
Section 22. New Section to City Code. That a new Section 18.04.1017 of the
Auburn City Code be and the same hereby is created to read as follows:
18.04.1017 “Marijuana retailer.”
“Marijuana retailer” means any person or entity established for the purpose of
making marijuana concentrates, usable marijuana and marijuana-infused products,
including tetrahydrocannabinols or cannabimimetic agents, available for sale to adults
aged twenty-one and over.
Section 23. New Section to City Code. That a new Section 18.04.1019 of the
Auburn City Code be and the same hereby is created to read as follows:
18.04.1019 “Marijuana researcher.”
“Marijuana researcher” is a position licensed by the Washington state liquor and
cannabis board that permits a licensee to produce, process, and possess marijuana for
the limited research purposes set forth in RCW 69.50.372.
Section 24. New Section to City Code. That a new Section 18.04.1021 of the
Auburn City Code be and the same hereby is created to read as follows:
18.04.1021 “Marijuana transporter.”
“Marijuana transporter” is a position licensed by the Washington state liquor and
cannabis board pursuant to WAC 314-55-310 that allows a licensee to physically
transport or deliver marijuana, marijuana concentrates, and marijuana-infused products
between licensed marijuana businesses within Washington state.
Section 25. New Section to City Code. That a new Section 18.04.1023 of the
Auburn City Code be and the same hereby is created to read as follows:
18.04.1023 “Public or private park.”
"Public or private park" means an area of land for the enjoyment of the public or
private parties, having facilities for rest and/or recreation, such as a baseball diamond or
basketball court, owned and/or managed by a private for-profit entity, a non-profit entity,
a homeowners’ association, city, county, state, federal government, sovereign nation or
metropolitan park district. Public park does not include trails.
Section 26. New Section to City Code. That a new Section 18.04.1025 of the
Auburn City Code be and the same hereby is created to read as follows:
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18.04.1025 “Public or private playground.”
"Public or private playground" means a public or private outdoor recreation area
for children, usually equipped with swings, slides, and other playground equipment,
owned and/or managed by a private business, a non-profit entity, city, county, state, or
federal government or sovereign nation.
Section 27. New Section to City Code. That a new Section 18.04.1027 of the
Auburn City Code be and the same hereby is created to read as follows:
18.04.1027 “Public or private recreational center.”
"Public or private recreation center or facility" means a supervised center that
provides a broad range of activities and events intended primarily for use by persons
under twenty-one years of age, owned and/or managed by a private business, charitable
nonprofit organization, sovereign nation, city, county, state, or federal government.
Section 28. New Section to City Code. That a new Section 18.04.1029 of the
Auburn City Code be and the same hereby is created to read as follows:
18.04.1029 “Public transit center.”
"Public transit center" means a facility located outside of the public right of way that
is owned and managed by a transit agency or city, county, state, or federal government
for the express purpose of staging people and vehicles where several bus or other transit
routes converge. They serve as efficient hubs to allow bus riders from various locations
to assemble at a central point to take advantage of express trips or other route to route
transfers
Section 29. New Section to City Code. That a new Section 18.76.046 of the
Auburn City Code be and the same hereby is created to read as follows:
18.76.046 Marijuana related uses.
All marijuana related businesses and marijuana cooperatives shall not be
permitted in any residential or non-residential portion of the Planned Unit Development.
Section 30. New Chapter to City Code. That a new Chapter 18.59 of the Auburn
City Code be and the same hereby is created to read as follows:
Chapter 18.59
DEVELOPMENT STANDARDS FOR MARIJUANA RELATED BUSINESSES
Sections:
18.59.010 Purpose.
18.59.020 Maximum number of marijuana retail businesses.
18.59.030 Required geographic separation.
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18.59.040 Marijuana required to be grown in a structure.
18.59.050 Required odor control for marijuana retail stores.
18.59.060 First-in-time – change in ownership, relocation and abandonment for
marijuana retail stores.
18.59.070 Signage.
18.59.080 Security required.
18.59.090 Specific standards for marijuana processors, producers. research
and transportation businesses.
18.59.100 Pre-application conference meeting required.
18.59.110 Public review meeting required.
18.59.010 Purpose.
The development standards contained in this Chapter are intended to address the
substantive impacts that marijuana related businesses may have on all or a portion of the
community by providing clear and objective development standards that will reduce or
mitigate said impacts and provide, when appropriate, opportunities for public awareness
and input prior to an application being made to the City. In addition, the development
standards will provide the City, adjacent property owners (residential or non-residential)
and adjacent business owners as well as the entire community the opportunity to be kept
informed and aware through on-going reporting for those marijuana related businesses
that successfully obtain appropriate approvals and authorizations to operate in the City of
Auburn.
18.59.020 Maximum number of marijuana retail businesses.
A. The total maximum number of marijuana retail businesses operating within
the City at any given time shall be limited to a maximum of three (3) properly licensed and
permitted stores. For purposes of these regulations, these standards shall be considered
in addition to the numeric allowances on these businesses specified now or in the future
by the Washington State Liquor and Cannabis Board.
B. In the event that one (1) of the permitted three (3) marijuana retail
businesses ceases to legally operate within the City, the maximum number of properly
licensed and permitted stores shall be a maximum of two (2) stores. For purposes of this
section, ceases to legally operate shall mean that the business has physically stopped
operating at a specified addressed location in the City as confirmed and documented by
the City or that it is no longer operating under a valid State or City license, provided that
a legal change in business name or ownership or Washington State Unified Business
Identifier (UBI) number shall not constitute cessation of business operation.
18.59.030 Required geographic separation.
Marijuana related businesses operating within the City shall be geographically
separated as follows. For purposes of these regulations, these standards shall be
considered in addition to those geographic siting standards specified by the Washington
State Liquor and Cannabis Board:
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Ordinance No. 6642
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Page 34
A. A marijuana retailer authorized by the Washington State Liquor and
Cannabis Board and the City to operate within the City shall be sited a minimum of one
(1) mile from another similarly authorized marijuana business.
B. A marijuana retailer business shall be sited a minimum of 1,320 feet from
any properties zoned and utilized for single-family residential or multi-family residential
land uses.
C. All marijuana related businesses shall not be located within REFER TO
POTENTIAL OPTIONS BELOW of the following uses or any use included in Chapter 314-
55 WAC now or as hereafter amended:
OPTION 1:
5,280 feet (1 mile) for all of the following:
1. Public Elementary or secondary school that is existing or that is planned
and has a site specific location identified in an adopted Capital Facilities
Plan;
2. Privately operated school;
2. Public or private playgrounds inclusive of those located within a multi-family
residential complex;
3. Public or private recreation center or facility;
4. Child care centers;
5. Public or private parks;
6. Public trails
7. Public transit centers;
8. Religious institutions;
9. Public libraries;
10. Any game arcade; and,
11. Transit center or park-and-ride facility operated by a sovereign nation on
trust or non-trust designated properties
OPTION 2:
2,640 feet for:
3. Public Elementary or secondary school that is existing or that is planned
and has a site specific location identified in an adopted Capital Facilities
Plan;
4. Privately operated school;
2. Public or private playgrounds inclusive of those located within a multi-family
residential complex;
3. Public or private recreation center or facility;
4. Child care centers;
5. Public or private parks;
6. Any game arcade; and,
1,320 feet for:
1. Public trails
2. Public transit centers;
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Ordinance No. 6642
May 12, 2017 (Planning Commission Hearing 6/6/17)
Page 35
3. Religious institutions;
4. Public libraries;
5. Transit center or park-and-ride facility operated by a sovereign nation on
trust or non-trust designated properties
OPTION 3:
1,320 feet for:
1. Public Elementary or secondary school that is existing or that is planned
and has a site specific location identified in an adopted Capital Facilities
Plan;
2. Privately operated school;
2. Public or private playgrounds inclusive of those located within a multi-family
residential complex;
3. Public or private recreation center or facility;
4. Child care centers;
5. Public or private parks;
6. Any game arcade; and,
1,000 feet for:
1. Public trails
2. Public transit centers;
3. Religious institutions;
4. Public libraries;
5. Transit center or park-and-ride facility operated by a sovereign nation on
trust or non-trust designated properties
D. Measurement. All separation requirements shall be measured as the
shortest straight line distance from the property line or right of way line of the proposed
business location to the property line or right of way line of the use specified in this section.
E. Any marijuana producer or marijuana processors operating within the city
(i) shall strictly comply with all industrial, health and safety codes, including but not limited
to Section 314.55.104 WAC and Section 69.50.348 RCW, and (ii) shall have at least 4,000
square feet of building utilized for its individual business, and the total square feet of all
marijuana producers and processor in the city shall not exceed 90,000 square feet of
building space; provided that any such business that was licensed and existing prior to
August 1, 2016, that did not have at least 4,000 square feet of building utilized for its
individual business may continue operating at its current location even though it did not
have at least 4,000 square feet of building utilized for its individual business.
18.59.040 Marijuana required to be grown in a structure.
For all marijuana related businesses and marijuana cooperatives, marijuana shall
be grown in a structure. Outdoor cultivation is prohibited in all instances.
18.59.050 Required odor control for marijuana retail stores related businesses.
Marijuana odor shall be contained within the retail stores marijuana related
business so that odor from the marijuana cannot be detected by a person with a normal
sense of smell from any abutting use or property. If marijuana odor can be smelled from
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Ordinance No. 6642
May 12, 2017 (Planning Commission Hearing 6/6/17)
Page 36
any abutting use or property, the marijuana retailer related business shall be required to
implement measures, including but not limited to, the installation of the ventilation
equipment necessary to contain the odor.
18.59.060 First-in-time – Change in ownership, relocation and abandonment for
marijuana retail stores – non-conforming uses.
A. Areas where no retail marijuana uses are located. If two or more marijuana
retail applicants seek licensing from the state and propose to locate within less than one
(1) mile of each other, the City shall consider the entity that is licensed first by the State
Liquor and Cannabis Board to be the "first- in-time" applicant who is entitled to site the
retail use. First-in-time determinations will be based on the date and time of the state-
issued license or conditional license, whichever is issued first. The Director or designee
shall make the first-in-time determination.
B. First-in-time determinations are location-specific and do not transfer or
apply to a new property or site, unless the new site is within the same tax parcel.
C. Ownership. The status of a first-in-time determination is not affected by
changes in ownership.
D. Relocation. Relocation of a retail store to a new property voids any first- in-
time determination previously made as to the vacated property. The determination shall
become void on the date the property is vacated. Applicants who may have been
previously denied a license due to a first- in-time determination at the vacated property
may submit a new application after the prior first-in-time determination becomes void.
E. Discontinuance. If an existing marijuana retail use is discontinued or
abandoned for a period of six (6) months with the intention of abandoning that use, then
the property shall forfeit first-in-time status. For purposes of this Section, discontinuance
shall not mean a legal change in business name or ownership or Washington State
Unified Business Identifier (UBI) number. Discontinuance of a licensed retail use for a
period of six (6) months or greater constitutes a prima facie intent to abandon the retail
use. Intent to abandon may be rebutted by submitting documentation adequate to rebut
the presumption. Documentation rebutting the presumption of intent to abandon includes
but is not limited to:
1. State licensing review or administrative appeal; or
2. Review of building, land use, other required development permits or
approvals; or
3. Correspondence or other documentation from insurance provider
demonstrating an intent to reestablish the use after either a partial or full loss or disruption
of the use.
4. The Director shall determine whether a retail use has been discontinued,
abandoned, or voided, whether in connection with an application for an administrative
conditional use permit or as otherwise appropriate.
F. Accidental Destruction. First-in-time status or cessation is not affected when
a structure containing a state-licensed retail outlet is damaged by fire or other causes
beyond the control of the owner or licensee; provided all necessary local, regional, state
or other permits and approvals are successfully obtained and redevelopment commences
within twelve (12) months from the documented date of the accidental destruction or the
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Ordinance No. 6642
May 12, 2017 (Planning Commission Hearing 6/6/17)
Page 37
licensee provides documentation demonstrating why redevelopment cannot commence
within twelve (12 months), provided that redevelopment is completed within twenty-four
(24) months of the documented date of accidental destruction.
G. Marijuana related businesses that had lawfully obtained all State and local
approvals prior to the adoption of these rules shall be considered legal conforming uses
even if the business is unable to meet the standards for geographic separations and
square footage requirements outlined in this Chapter.
18.59.070 Signage.
All marijuana related businesses shall comply with applicable sign regulations and
standards as specified in Chapter 18.56 (Signs) as may be amended.
18.59.080 Security required.
In addition to the security requirements in chapter 315-55 WAC, during non-
business hours, all marijuana producers, processors, and retailers shall store all
marijuana concentrates, useable marijuana, marijuana-infused products, and cash in a
safe or in a substantially constructed and locked cabinet. The safe or cabinet shall be
incorporated into the building structure or securely attached thereto. For useable
marijuana products that must be kept refrigerated or frozen, these products may be stored
in a locked refrigerator or freezer container in a manner approved by the Director,
provided the container is affixed to the building structure.
18.59.090 Specific standards for marijuana producers, processors, research and
transportation businesses.
A. Marijuana production and processing facilities shall comply with the
following provisions:
1. Marijuana production, processing research and transportation facilities shall
be ventilated so that the odor from the marijuana cannot be detected by a person with a
normal sense of smell from any adjoining use or property;
2. A screened and secured loading dock, approved by the Director shall be
required. The objective of this requirement is to provide a secure, visual screen from the
public right-of-way and adjoining properties, and prevent the escape of odors when
delivering or transferring marijuana, marijuana concentrates, useable marijuana, and
marijuana-infused products.
B. Any marijuana producer or marijuana processors operating within the city
(i) shall strictly comply with all industrial, health and safety codes, including but not limited
to Section 314.55.104 WAC and Section 69.50.348 RCW, and (ii) shall have at least 4,000
square feet of building utilized for its individual business, and the total square feet of all
marijuana producers and processor in the city shall not exceed 90,000 square feet of
building space; provided that any such business that was licensed and existing prior to
August 1, 2016, that did not have at least 4,000 square feet of building utilized for its
individual business may continue operating, and shall be classified as a fully legal
conforming use, at its current location even though it did not have at least 4,000 square
feet of building utilized for its individual business.
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Ordinance No. 6642
May 12, 2017 (Planning Commission Hearing 6/6/17)
Page 38
18.59.100 Pre-application conference meeting required.
A minimum of one (1) pre-application conference meeting with the City of Auburn
and other relevant parties including but not limited to the Valley Regional Fire Authority
shall be conducted prior to the submittal of a formal business license application for all
marijuana related businesses within the City.
18.59.110 Public review meeting required.
A. A minimum of one (1) public review meeting shall be conducted by applicant
for any marijuana related business in the City. The purpose of the Public Review Meeting
is to allow adjacent property owners (residential and non-residential) and adjacent
business owners an opportunity to become familiar with the proposal and to identify any
associated issues. The Public Review Meeting is intended to assist in producing
applications that are responsive to the concerns of adjacent property owners (residential
and non-residential) and adjacent business owners and to reduce the likelihood of delays
and appeals. The City expects an applicant to take into consideration the reasonable
concerns and recommendations of these parties when preparing an application. The City
expects these parties to work with the applicant to provide reasonable concerns and
recommendations. The requirements of this Section shall apply to new businesses as
well as businesses that are seeking to relocate to a different tax parcel.
B. Prior to submittal of an application for any marijuana related business, the
applicant shall provide an opportunity to meet with adjacent property owners (residential
or non-residential) and adjacent businesses owners within whose boundaries the site for
the proposed marijuana related business is located or within the notice radius to review
the proposal. The applicant shall not be required to hold more than one Public Review
Meeting provided such meeting is held within six (6) months prior to submitting an
application for one (1) specific site.
C. Public Review Meetings shall occur prior to submitting a formal business
license application to the City of Auburn.
D. Public Review Meetings shall occur after the required pre-application
conference with the City of Auburn.
E. The applicant shall hold a public review meeting in a publicly accessible
location within one (1) mile of the proposed business site, provided that if no such place
is immediately available, the applicant may submit a written request to the Director
proposing an alternate meeting location and the Director may approve said location, in
writing. The meeting starting time selected shall be limited to a weekday evening after
6:00 p.m. or a weekend at any reasonable time and shall not occur on a national holiday.
The meeting shall be held at a location open to the public and in compliance with the
Americans with Disabilities Act (ADA). A portable sign at least 22 inches x 28 inches in
size with minimum two (2) inch lettering shall be placed at the main entrance of the
building where the meeting will take place at least one (1) hour prior to the meeting. Such
sign will announce the meeting, subject matter of the meeting, and announce that the
meeting is open to the public and that interested persons are invited to attend. This sign
shall be removed by the applicant upon conclusion of the meeting.
F. The applicant shall send by regular mail a written notice announcing the
Public Review Meeting to the Director, property owners pursuant to the most current
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Page 39
public records of the King County Assessor’s Office or Pierce County Assessor’s Office
within 1,320 feet on all sides of the property involved in the anticipated application and to
all current businesses registered with the City of Auburn within 1,320 feet on all sides of
the property involved in the anticipated application. At the request of the applicant, and
upon payment of the applicable fee, the City will provide the required mailing lists for
property owners and/or registered businesses.
G. Not less than twenty (20) calendar days prior to the Public Review Meeting,
the applicant shall post a notice on the property which is subject of the proposed
application. The notice shall be posted within fifty (50) feet of an adjoining public right-of-
way in a manner that can be read from the right-of-way. The notice shall state that the
site may be subject to a proposed marijuana related business, the type of marijuana
related business in sufficient detail for a reasonable person to ascertain the nature and
type of business, the name of the applicant and the applicant’s telephone number and
electronic mail address where the applicant can be reached for additional information.
The site shall remain posted until the conclusion of the Public Review Meeting.
H. At the Public Review Meeting, the applicant shall describe the proposed
application to persons in attendance. The attendees may identify any issues that they
believe should be addressed in the proposed application and recommend that those
issues be submitted for City consideration and analysis.
I. At the Public Review Meeting, the applicant shall take notes of the
discussion on the proposed application.
J. To comply with this section, an applicant shall submit the following
information with the business license application:
1. A copy of the notice sent to surrounding property owners pursuant to
Section 18.59.110 (F).
2. A copy of the mailing list used to send out meeting notices pursuant to
Section 18.59.110.(G).
3. A written statement and clear photographs containing the information
posted on the property pursuant to Section 18.59.110 (G)
4. A notarized affidavit of mailing and posting notices.
5. Copies of written materials and 8.5-inch x 11 inch size plans presented at
the Public Review Meeting.
6. Typed notes of the meeting, including the meeting date, time, and location,
the name and address of those attending, and a summary of oral and written comments
received.
K. If responses to the meeting notice were not received by the applicant and
no one attended the Public Review Meeting or persons in attendance made no
comments, the applicant shall submit evidence as indicated above, with the notes
reflecting the absence of comment, attendance, or both.
L. Failure of a property owner or business owner o receive notice shall not
invalidate the Public Review Meeting proceedings.
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Ordinance No. 6642
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Page 40
Section 31. Implementation. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 32. Severability. The provisions of this ordinance 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 this ordinance, or
the validity of its application to other persons or circumstances.
Section 33. Effective Date. This Ordinance shall take effect and be in force five
days from and after its passage, approval and publication as provided by law.
Introduced:____________________________
Passed: ____________________________
Approved: ____________________________
CITY OF AUBURN
_____________________________________
NANCY BACKUS, MAYOR
ATTEST:
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
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Ordinance No. 6642
May 12, 2017 (Planning Commission Hearing 6/6/17)
Page 41
PUBLISHED: ______________
Page 59 of 63
NOTICE OF APPLICATION (NOA)
NOTICE OF PUBLIC HEARING (NOH) and
DETERMINATION OF NON-SIGNIFICANCE (DNS)
Zoning Code Amendments to Title 18 of the Auburn City Code:
Marijuana Related Businesses
ZOA17-0001 & SEP17-0008
Proposal: Zoning Code Amendment to Chapters 18.04, 18.07, 18.09, 18.21, 18.23, 18.29,
18.35, 18.42, 18.78 and creation of new Chapter 18.59 of the Auburn City Code as it relates to
the standards, requirements, and procedures for marijuana related businesses. The full text of
the amendments is available on the City’s Public Notice webpage at www.auburnwa.gov/landuse, by
contacting the Staff contact listed below, or at the City of Auburn Permit Center, 1 East Main St., 2nd
Floor, Customer Service Center, Auburn, WA 98001.
Location: City Wide
Notice of Application: February 14, 2017
File No.: SEP17-0008
ZOA17-0001
Proponent: City of Auburn Community Development & Public Works Dept.
25 W Main ST
Auburn, WA 98001
Studies/Plans Submitted With Application:
•Draft Code Amendment Language
Other Permits, Plans, and Approvals Needed:
•Planning Commission Recommendation
•City Council Adoption of Ordinance
Statement of Consistency and List of Applicable Development Regulations: This proposal is
subject to and shall be consistent with the Auburn City Code, Comprehensive Plan, and Engineering
Design and Construction Standards.
Lead Agency: City of Auburn
The lead agency for this proposal has determined that it does not have probable significant adverse
impact on the environment. An environmental impact statement (EIS) is not required under RCW
43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and
other information on file with the lead agency. This information is available to the public on request.
Public Comment Period: This may be your only opportunity to comment on the proposal. All
persons may comment on this application. This DNS is issued under WAC 197-11-340(2); the lead
agency will not act on this proposal for 15 days from the date issued below. Comments must be in
writing and submitted by 5:00 pm on June 1, 2017 to the mailing address of 25 W Main St., Auburn,
WA, 98001. Any person wishing to become a party of record, shall include in their comments that
they wish to receive notice of and participate in any hearings, if relevant, and request a copy of
decisions once made.
Exhibit 2
Page 60 of 63
NOTICE OF APPLICATION and DETERMINATION OF NON-SIGNIFICANCE – SEP17-0008 & ZOA17-0001
(Continued)
Any person aggrieved of the City's determination may file an appeal with the Auburn City Clerk at 25
West Main Street, Auburn, WA 98001- 4998 within 14 days of the close of the comment period, or by
5:00 p.m. on June 15, 2017.
For questions regarding this project, please contact Jeff Tate, Assistant Director of Community
Development, at jtate@auburnwa.gov or 253-804-5036.
Public Hearing: A public hearing before the City of Auburn Planning Commission on the proposed
amendments will be held on June 6, 2017 at 7:00PM in the City Council Chambers at 25 West Main
St., Auburn, WA 98001.
RESPONSIBLE OFFICIAL: Jeff Tate
POSITION/TITLE: Assistant Director, Community Dev. & Public Works Dept.
ADDRESS: 25 West Main Street
Auburn, Washington 98001
(253) 931-3090
DATE ISSUED: May 12, 2017 SIGNATURE:
Note: This determination does not constitute approval of the proposal. Approval of the proposal can
only be made by the legislative or administrative body vested with that authority. The proposal is
required to meet all applicable regulations.
[Signature on File]
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REQUEST TO PUBLISH
______________________________________________________________________________
Please publish the following Notice in the Seattle Times on May 18, 2017.
Bill the City of Auburn: City of Auburn
ATTN: City Clerk
25 West Main ST
Auburn, WA. 98001
An "Affidavit of Publication" is requested for this billing. Thank you.
Please publish below the line only.
_________________________________________________________________________________________
CITY OF AUBURN
The City of Auburn is issuing a NOTICE OF APPLICATION (NOA)/NOTICE OF PUBLIC
HEARING (NOH) and DETERMINATION OF NON-SIGNIFICANCE (DNS) - Zoning Code
Amendment to Chapters 18.04, 18.07, 18.09, 18.21, 18.23, 18.29, 18.35, 18.42, 18.78 and
creation of new Chapter 18.59 of the Auburn City Code as they relate to the standards,
requirements, and procedures for marijuana related businesses – ZOA17-0001 and
SEP17-0008. Proposal: Amendments to the above referenced Chapters and Sections of Title
18 of the Auburn City Code (ACC) – the Zoning Code. These amendments pertain to the
standards, requirements, and procedures for establishing marijuana related businesses within
the City of Auburn. The full text of the amendments is available on the City’s Public Notice
webpage at www.auburnwa.gov/landuse, by contacting the Staff contact listed below, or at the
City of Auburn Permit Center, 1 East Main St., 2nd Floor, Customer Service Center, Auburn, WA
98001. Location: City Wide Notice of Application: February 14, 2017 File No.: SEP17-0008,
ZOA17-0001 Proponent: City of Auburn Community Development & Public Works Dept., 25 W
Main ST , Auburn, WA 98001 Studies/Plans Submitted With Application: - Draft Code
Amendment Language Other Permits, Plans, and Approvals Needed: - Planning Commission
Recommendation - City Council Adoption of Ordinance Statement of Consistency and List of
Applicable Development Regulations: This proposal is subject to and shall be consistent
with the Auburn City Code, Comprehensive Plan, and Engineering Design and Construction
Standards. Lead Agency: City of Auburn. The lead agency for this proposal has determined
that it does not have probable significant adverse impact on the environment. An environmental
impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made
after review of a completed environmental checklist and other information on file with the lead
agency. This information is available to the public on request. Public Comment Period: This
may be your only opportunity to comment on the proposal. All persons may comment on this
application. This DNS is issued under WAC 197-11-340(2); the lead agency will not act on this
proposal for 15 days from the date issued below. Comments must be in writing and submitted
by 5:00 pm on June 1, 2017 to the mailing address of 25 W Main St., Auburn, WA, 98001. Any
person wishing to become a party of record, shall include in their comments that they wish to
receive notice of and participate in any hearings, if relevant, and request a copy of decisions
once made. Any person aggrieved of the City's determination may file an appeal with the
Auburn City Clerk at 25 West Main Street, Auburn, WA 98001- 4998 within 14 days of the close
of the comment period, or by 5:00 p.m. on June 15, 2017. For questions regarding this project,
please contact Jeff Tate, Assistant Director of Community Development, at jtate@auburnwa.gov
or 253-804-5036. Public Hearing: A public hearing before the City of Auburn Planning
Commission on the proposed amendments will be held on June 6, 2017 at 7:00PM in the City
Council Chambers at 25 West Main St., Auburn, WA 98001.
Exhibit 3
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Exhibit 4
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