HomeMy WebLinkAbout02-22-2017 Items Submitted at the Meeting , , .
ORDINANCE N0. 6.6 4 2
AN ORDINANGE OF THE, CITY• COUNGIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING SEC710NS 5.20.250,
18.07.020, 18.09.02p, 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,Q20, 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 NEIN CHAPTER 18.59 OETHE AUBURN CITY
CODE RELATING TO MARIJUANA'�,;BUSINESSES, AND
REPEALING THE MORATORIUM"'=:�ESTABLISHED BY
ORDINANCE NO. 6613 ` '
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WHEREAS, the vofers of the Sfate of�lNashingfon approved';Initiative Measure No.
502 (I-502), in 2012, now codified within Chapters 46 Q4, 46.20, 46.21 46.61 and 69.50
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of the Revised Code of Washington (RCW) which iqitiative decriminaliied possession
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and use of certain amounts of man�uAaiia;and marquana parephernalia, and au4horized
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promulga4ion of regulations and issuance of lice�nses by the UVashington State Liquor and
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Cannabis Board (WSCCB) for the production proces'sing and�r`etailing of marijuana; and
WHEREAS in�elevant pa�t, I-502 legalized the possession of small amounts of
marijuana and marijuana related products by persons 21 of age and older, and directed
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the (then) state Liquo�`Contr`ol'Board to develop'and implement rules to regulate and tax
recreational marijuana p�oducers �processors, and refailers; and
WHEREAS, marguana,is still classified as a schedule 1 controlled substance under I
federal law and c�imes relatetl 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, consisfent, and rational way." '
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OYdinance No. 6642 ;
Version No. 2—Auburn Planning Commission (February 22, 2017 Special Meeting) �
Version 2 — Published and Distributed February 17, 2017 - - - ---
Version 1 —Published and Distributed February 16, 2017 '
Page 1 PC 02.22.17 PGS. 41
I� Item V.B. Proposed Ord. No. 6642 �
Submitted by: Kevin Snyder
The guidance directs federal prosecutors to reqiew potential marijua.na-related charges
on a case-by-case basis and weigh all information and evidence, including whether the
operation is demonstrably in compliance with a strong and effeetive state regulatory
system and if the conduct at issue implicates one or more of eight stated federal
enforcemenf 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, Goverrior Jay Inslee and
Attomey General Bob Ferguson stated the following ;,..
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Today we receiyed confirmation Wash'ington's voter app�oved marijuana
law will be implemented. 1Ne received good news this'iiiorning when
Attorney General Eric Holder told the ygovernor the federal government
would not pre-empt Washington and Colorado�as`the states implement a
highly regulated legalized market for mari�uana' Attorney Genera�Holder
made it clearthe federal government will continue to enfo.rce the federal
Controlled Substance Act by:focusing its enforcement on eight specific
concerns, concerns, including the, prevention of distribu4ion to minors and
the importance`of keeping Washington-grown marijuana within our State's
borders. We sha�e tho"se'concems and°are confident our state initiative w'ill
be implemented-.as planned. We want'to thank tfie Attorney General for
working with thestates on this and forfnding a way that allows our initiatiVe
to moye�forward while`maintain,ing a commitment to fighting illegal drugs.
This reflects a`balanceii;approach"by,the°fiederal government that respects
`the sfates' inte�e'sts in implementing th�se laws and recognizes the fe.deral
govemmenYs role m:,fightmg;illegal drugs and criminal activity:
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WHEREAS, on September 16 2013, the Aubum City Council adopted Resolution
No. 4992 establishing a one (1)'year moratorium prohibiting the City from receiving and/
or processing any application.s"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, p�ocessing, and retailing of
recreational marijuana. Under these rules, applicants will be required to identify a
bus'tness location with their appiication submittals; and
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Ordinance No. 6642
Version No. 2—AubUm Planning Commission (February 22, 2017 Special Meeting)
Version 2— Published and Disfributed FebFuary 17, 2017
Version 1 — Published and Distributed February 16, 2017
Page 2
WHEREAS, on September 2, 2014, the Aubum Gity Council passed Ordinance
No. 6525 amending certain Sections ofthe Aubum City Code celating to the enforcement
of state regulations regarding the production, processing, and/or retail outlets and sales
of rtiarijuana 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 Substdute;Senate Bill 5052 (2SSB 5052)
(approved on April 24, 2015 [with partial vetoj), revise.d�state. requiremenfs for state
marijuana regulations, including mariju,a,ne processors producers, retailers, and
cooperatiyes; and
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WHEREAS, the WSLCB notified;the City of Auburn on September 23, 2015, that
pursuant to SB 5052 it wouid not limit�th'e number of ma�ijuana retailers licensed within
the City of Auburn to only,those allocated per I- 502„and �'
WHEREAS the City of`Auburn ado'pted a morato�ium, through Resolution No.
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5194 prohibiting any new marqu`ana retailers riot aiready in operation on January 4, 2016;
and
WHEREAS, in a pubiic hearing on February 16, 2016, and in comments to City
elecfed officials, including social media 'posts, Aubum residents voiced concem for any
marijuana retailers-in excess of the initial two (2) originally approved by 1- 502; and
WHEREAS, the'WSLCB notified the City ofAuburn on March 8, 2016, that itwould
increase the number of marijuana retailers licensed wi4hin the City of Aubum 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 indicafed that the number of SB 5052 retail
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Ordinarice No. 6642
Version No. 2—Aubum Planning Commission (February 22, 2017 Special Meeting)
Version 2—Published and Distributed February 17, 2017
Version 1 —Published and Distributed February 16, 2017
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licenses within fhe City of Auburn may be increased in the future; and
WHEREAS, WSLCB then notified the City of Aubum on March 8, 2016, that
marijuana refailers, including the Evergreen Market, 4hat were licens.ed using the I-502
lottery are not allowed to move out of tfie jurisdictions where they are licensed; and
WHEREAS, based upon — and in reliance on,.�-''that information, the City of
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Auburn amended its moratorium, through its Resolution No. 5215,so as to authorize the
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operation of [only] the iwo (2) marijuana retailers imtially p:roy;ided for by 1-502; and
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WHEREAS, other cities in Washington"'such as - including,,Everett, Renton and
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Vancouver, have adopted �estrictions on the'number of licensed retailers to conform to
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initial I-502 approved caps; and � ; ,,
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WHEREAS, the WSLCB contm`'ued'.tq process�;and issue licenses to marijuana
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refailers intended to operate withm the�City of Auburn pursuant to SB 5052 despite the
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transmittal of Resolufion No 5215 to the�WSLCBs; and � �
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WHEREAS, because of WSLCB's continued processing and issuing of lic.enses
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for retail ma�quana businesses;,and because ne�iv retail marijuana businesses continued
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to engage�in activities contrary,to the City's moratoria, and in response to the inconsistent;
conflictmg;�and unc.00peratipe 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 tfie City of Auburn; and
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WHEREAS, the City Council approyed 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 impacfs 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
Ordinance No. 6642
Version No. 2–Auburn Planning Commission (February 22, 2017 Speciaf Meeting)
Version 2–PubliStied and Disfritiuted February 17, 2017
Version 1 –Published and Distributed February 16, 2017
Page 4
Poison Center for intoxication calls pertaining to youth consumption of marijuana, and
other inc�eases on demands for,public seruices such as fire and police presence; and .
WHEREAS, Ordinance No. 6613 also indieated that the City desired to provide
greater clarity as to permitted and prohibited marijuana retailers within the City of Auburn,
avoid onerous enforcement proc.eedings, improVe voluntary compliance with local laws
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pertaining to marijuana activities, facilitate improved coop'e"ration with the WSLCB, and
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protect the public health, safety and welfare while remaining cognizant of the approval of
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I-502 by voters within the City of Aubum and ,.;,,,` � ti "^�
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WHEREAS, O�dinance No. 6613 further�noted 4hat the Aup;urn City Code did not
currently have specific provisions addressing a,;number ofastatutorily'permitted marijuana
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provisions and/or uses; and ��� , �� s r'' 4 .�
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WHEREAS, Ordinance N0�6613 noted that�the provisions for marijuana
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cooperatives, manjuana researchers and marguana„transporters contained within SB
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5052 went into effect July of 2016�`'and that manjuanaJYcooperatives, marijuana
researehers and marijuana tra�nsporters are �;not explicitly addressed by current code
provisions, ;and , .,.. < :,
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WHEREAS, O�dinance No:.6613 also 'indicated that the impacts and effects of
marijuana cooperatives ma�ijuana researchers and marijuana transporters on Auburn
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and the Aubum community are;unknown and deserving of study and review; and
1NHEREAS, O:rdmance' 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 p.otential amendment
of the Gity Code, wouid 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
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Ordinance No. 6642
Version No. 2—Auburn Planning Commission (February 22;2017 Special Meeting)
Version 2 —Published and Distributed February 17, 2017
Version 1 —Published and Distributed February 16, 2017
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of Aubum 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 Gode of Washington (RGW) authorize the City Council to
adopt an immediate moratorium for a period of up to twelve:(12) months if a publiahearing
on the propo.sal is he.ld within at least sixty (60) days of its1adoption and a work plan is
developed for related studies providing for the moratonum,period;and
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WHEREAS, Ordinance No. 6613 further�stated that the:;City Council desired to
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impose a moratorium for an iriitial term of�twelve (12) months on:tlie acceptance and/or
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processing of any permit or applications, for or"related to any marquana related ac4ivities,
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including, but not limited to, licensing, permitUng sitiqg, making strucfu�a.l or building
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' xy`n ` � , 4 4 , and any othermarijuana uses
improvements, or operating any ne man uana actiwties,
or activities that are not ezpressly`p�ovided�by,_the Ci4y;"�Code regulations addressed
herein;and -"`' _ ''
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WHEREAS, Or.dinance No"; 6613 also stated that th�e City Counc'il anticipated that
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it could develop and adopt appyopnate controls for marijuana refail facilities prior to the
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expiration,ofthe moratonum enacted he�eby,�antl
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WHEftEAS, Ordinance No 661�3 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 � ' '
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WHEREAS, qrdinance No. 6613 aiso identified the Council's position tfiat 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,
terminafing fhe moratorium; and
Ordinance No. 6642
Version No. 2—Auburn Planning Commission (February 22, 2017 Special Meeting) i
Version 2—Fublished and Distributed February 17, 2017
Version 1 —Published and Distribufed February 16, 2017
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WHEREAS, on January74, 2014;the Washington State Attorney General'sOffice
issued its opinion (AGO No.2014)that 1-502 does not preertipt counties,cities, and towns
from banning recreational marijuana within their juri5dictions and that local ordinances
tfiat do not expressly ban'state licensed maPijuana license.es from operating within the
jurisdiction but make such operation impractical are valid if they properly exercise the
local ju�i§diction's police power; and
WHEREAS, several state courts have issued decisions that approve and affrm the
Attorney General's opinion that cities have the auth�onty to"�egulate marijuana uses; and
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WHEREAS, on May 20, 2015, the King�County Superior Court issued its decision
in Greensun Group LLG v. City of 8ellevue No. 14 2 29863-3 SEA; which decision is
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incorporated herein as if set forth in full. The court deterrriined, inter alia ,4h'at "the City of
Bellevue has the authority to regulate the location and'density of marijuana refail outlets
within its boundaries, including throug,the adoption and enforcemenY' of a requirement
thata�etail marijuana outlet cannot be located witli�in 1,000 feet of ano4herretail marijuana
outlet; and that "the City has the_authority to develop and apply processes for enforcing"
a 1,OQ0 foot separation��equireme�nt, including;through use of a first-in-time determination
based on the date .and�time of issuarrce of tlie, state liquor control board license or
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condittonaf license 'wliichever'is'issued frst and �
WHEREAS, with the passage of;2SSB 5052 and 2E2SHB 2136, and consistent
with court deasions the City lias the+authori.ty to regulate the location and density of
marijuana production;processing, distribution, and retail sales within its boundaries; and
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WHEREAS, fhe esfablishment and/or licensing of marijuana uses may allow new
uses that are incompatible wi4h nearby existing lanii 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
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Ordinance No. 6642
Version No. 2—Auburn Planning Commission (February 22, 2017 Special Meeting)
Version 2 —Published and Distributed February 17, 2017
Version 1 — Published and Distributed February 16, 2017
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and burglaries, thereby placing area residents, business owners, and others in danger of
bodily harm, and increasing police enforcement risks and costs; and
WHEREAS, 4here may be other harmful secondary effects to public health, safety,
morals, and welfare as a result of marijuana production, pcocessing, dist�ibution,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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WHEREAS, it is c�itical fo the public safety and economic vitality of the City to
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ensure the impacts of business obtaining a hcense from the WSLGB:to produce, process,
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or sell marijuana are minimized; and �
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WHEREAS, the City Council`deems it to' be in the public interest to establish
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permanent regulations regartling where marguana produCers, processors, and retail uses
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may be located in thezCity�bf Aubum, and� ; ; ' '
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WHEREAS the,City has}a��compelling interest in the protection of the health and
safety of ail.its residents,}as well as a compellin,g interest in ensuring that the goais and
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policies contained within the C,omprehensive Plan and other policy/planning documents
are fulfilled; and `k` � "
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WHEREAS, ACC 14_03 060, Cegislative Non-Project Decisions, specifies 4hat
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legislative non pro�ect decisions made by the city council under its authority to establish
policies and regulatioos zre not classified as a "type" of project pemiit decision and that
legislative non-Project d'ecisions 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 4he proposed amendments
to Title 18 (Zoning) of the Aubum City Code) contained herein; and
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Ordinance No. 6642
Version No. 2—Auburn Planning Commission (February 22, 2017 Special Meeting)
Version 2 — Pubiished and Distributed February 17, 2017
Version 1 — Published and Distributed Februa_ry 16, 2017
Page 8
WHEREAS, the Planning Commission on a TBD motion voted to recommended
TBDto the Aubum 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 Aubum
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City Gode and are consistent with fhe Comp�ehensive Alan, enhance the public health,
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safety, and welfare, and are not contrary to the best mterest of the residents, citizens,
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property owners and busine.s.ses of fhe City of Autium and,'^:
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WHEREAS, the City of Aubum has corriplied wifh the State>Endironmental Policy
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Act (SEPA), Chapter 43:21C RCW, and the�City's Env'ironmental Rev,iew Procedures,
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Chapter 16.06 ACC through issuance of TBD on DATE .�" � "°.
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� . THE CITY OF AUBURN,
NOW, THEREFORE, THE� CIT�Y GOUNCIL� OF
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WASHINGTON, DO ORDAIN as follows; � '
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Section 1 , Recttals Adopted. That the City Council hereby adopts the recitais
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contained in this Ordinance as Findings of Facts and Conclusions, as appropriate given
the context of`each,recital and incorporates safd-recitals herein by this reference.
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Section 2 Repeal of Moratorium. That the moratorium specified in
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Sections 9 of;Ordinance No y',6613 is automafically expired on the effective date of fhis
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
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zoning and land use' regulations adopted by fhe City Council fo 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 Aubum City
Code be and the same hereby is amended to read as follows:
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Ordinance No. 6642
Version No. 2—Auburn Planning Commission (FebYuary22, 2017 Special Meeting)
Version 2 —Published and Distributed February 17, 2017
Version 1 —Published and Distributed February 16, 2017
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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 inembers of the cooperative and not
for profit. ' � �
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2. "Marijuana related business" means a person or entity engaged in for-profit
activity that includes the possession, cultivafion, production, processing, distribution,
dispensation, or sale of tetrahydrocannabinols or cannabimimetic agents, as defined liy
the Gontrolled Substances Act, codified at 21 USC Section 812, including marijuana
retailers, marijuana processors, and marijuana p�oducers, as defined herein.
a. "Marijuana pro.cessor" means any person or entity licensed kiy 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 Chapters 65.50 and 69,51A RGW 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 fo RCW 69.50:325.
c. "Marijuana retailer" means any person or entity established foc the purpose
of making marijuana concentrates, usable marijuana and marijuana-infused prqducts,
including tef�ahydrocannabinols or cannabimimetic agents, available for sale to adulfs
aged 21 and over.
d. "Marijuana researcher" is a position lic.ensed 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. "" ' ^'�'^
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e. "Marijuana transporter" is a position licensed by the Washington State
Liquor and Cannabis Board pursuant to 1NAC 314-55-310 that allows a licensee to
piiysically transport ordeliyer marijuana, marijuana concenfrates, and marijuana-infused
products between licensed marijuana businesses within Washington State. �'�R:n;;
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B. License Applic.ation — Qualification — Requirements to Apply. In addition to
the information required to be included with an applicafion form pursuant to
� ACC 5.10.040(a), an application for a license for a marijuana related business shall also
include;
Ordinance N6. 6642
Version No.2—Aubuin Planning Commission (February 22, 2017 Special Meeting)
Version 2 -Published and Distributed February 17, 2017
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1. License. Each application for .a ,marquana related business shall be
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accompanied,by a cu�rerit, valid Itcense.;fo operatey "
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presesseF lssued by fhe Washington SYate Ciquor and Cannabis Board, �• �^� • ^�'�+
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2. Security Requirements. Each application for a marijuana reiated business shall
be accompanied by documentation of compliance with the security requirements of
WAG 314-55-083(2) and (3).
� 3. Fingerprints. Each application for a marijuana related 6u"siness �,�;:a;-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 Throuah Environmental Desiqn (CPTED) Review Each
application for a marnuana related business shall be required to complete a CPTED
review bv the Auburn Pohce De�artment and to imolement anv CPTED measure directed
Each applicant shall be�eauired to provide certification of CPTED completion as well as
evidence of comoliance with reauired CPTED measures
5. Comqliance with Zoninq. Gode Each application for a mariivana related
business:shall be reauired to orovide certification thaf the oroqosed location complies with
all aoplicable nrovisions of ACC 18 59.030 In the event that certification of compliance
with the provisions of ACC 18.59:030 reaui�es investiaation ofiexis4ina land Uses withih
an adioininp municipalitv the aaplicant shali provide documentation from the relevant
municioalitv that the oroposed location_meets fhe reouirements of ACC 18 59 030
6. Release of Liabilitv and Hold Harmless Each aqplication for a mariivana related
business shali be repui�ed to provide an executed release in a form approved bv the
Aubum Citv Attornev's Office to the Citv of Auburn for itself its aaents officers elected
officials and emolovees from anv iniu�ies damaqes or liabilifies of anv kind that result
from anv arrest or prosecution or seizure of oropertv or liabilities of anv kind that result
from anv arrest or orosecution for violations of federal or state law relatinq to operation or
sitina of a mariivana related use and business Additionaliv within fhe release document
Ordinance No. 6642
Version No. 2—Aubum Pianning Commission (February 22, 2017 Special Meeting)
Version 2— Pubiished and Distributed Feb"ruary 17, 2017
Version 1 — Published and Distributed February 16, 2017
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the permittee of a mar'iivana use shall indemnifv and.hold harmless the Citv of Auburn
and ifs aqents officers elected official§ and emplovees from anv claims damaaes or
iniuries brouaht bv adiacent propertv owners or other third partieadue_fo_operations_at
the mariivana use and for anv-claims broupht_bv anv of the mariivana use's members,
emplovees aaents quests or invitees forriroblems iniu�ies damaqes or liabilitv of anv
kind that maV arise out of the operation of the mariivana use.
C. License Regulations.
1. Access by City Officials. All city officials shall have free access to marijuana
related tiusinesses licensed under the provisions of this chapter for the purposes ofi
inspe.cting and enforcing compliancewith the provisions of this chapter, includina pe�iodic
CPTED review and compliance with reduired CPTED measures as directed bv the
Aubum Police Department.
2. Ent_ry Prohibitions for Certain Persons. It is unlauvful fo� the owner,
proprietor, manager, or person in charge of any marijuana related business licensed
unde� the proVisions of Yhis chapter, orforany employee of said place, to ailow entry or
admission to any person under the age of 21 years of age, any lewd or dissolufe person,
any drunken or boisterous person, or any person under the influence of any intoxicant,
3. Law Enforcement Officers Entry Right. It is unlawful for the owner,
proprietor, manager or person in charge ofianymarijuana related busines"s licensed under
the provisions of tfiis chapter to refuse admission to anypeace officerof the city or of the
state, or any offcer 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 license.d under the provisions of this chapter.
4. Operation Regulations. All marijuana, including tetrahydrocannabinols or
cannabimimetic agents, equipment and all cultivation, proc,essing, production, storage or
sales shall be wnduc#ed en4i�ely inside buiidings: Any perimete� fencing intended for
security Purposes shall meet the requirements of the city of Auburn and of#he state of
WasFiington applicable thereto.
5. State Statute Compliance. All marijuana related businesses licensed under
the provisions of this cfiapter sliall also comply with Chapters69.50 and 69.51ARCW,
and Chapter 314-55 WAG, as applicable. (Ord. 6613 § 3, 2016.)
Section 4. , Amendme'nt to City Code. Tliat Section 1.8.07.020 of the Aubum
City Code be and tlie same liereby is amended to read as follows;.
OPtlinance No. 6642
Version No. 2—Auburn Planning Commission (February 22, 2017 Special,Meeting)
Version 2— Published and Distributed February 17, 2017
Version 1 — Published and Distributed February 16, 2017
Page 12
Table 18.07.020 .
Permitted Use Table—Residential Zoning Designations
P= Permitted A=Administrative C= Eoniiitional 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 X� X� X�
Accessory use, residential P P P P P P P
Adult.family home p p p p p p p
Bed and breakfast p p p p p p p
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 X X A P P P X
compliance with Ghapter18:25 ACC (Infll
Residentiai D.evelopment Standards)
Foster care homes P p p p p p p
Group residence facilities(7 or more X X X X C C C
residents)
Group residence facilities (6 or fewer P P P P P P P
residents)
Keepingofanimals� P� p= p= p= p� pz p=
Multiple-family dwellings X X X X A P P
Neighborhood recreational buildings and
facilities owned and managed by the A° A° A° A^ A° P P
neighborhood homeowners'association
Use as dwel�ing unitsof(1) recrea4ional
vehicles that are not part of an approved X X X X X X X
recreational vehicle park, (2) bbats, (3)
automobiles, and (4) other vehicles
Renting of rooms,for lodging purposes only,
to accommodate not more than two persons P P P P P P P
in addition to the family or owner occupied
Ufll�°
Ordinance No. 6642
Version No. 2—Auburn Planning Commission (February 22, 2017 Special Meeting)
Version 2— Published and Distributed February 17, 2017
Version 1 — Published and Distributed February 16, 2017
Page 13
Table 18.07.020
Permitted Use Table—Residential Zoning Designations
P= Permitted A =Administrative C = Conditional Use X= Not Permitted
Land Uses Zoning Designations
RC R-1 R-5 R-7 R-10 R-16 R-20
Residential care facilities including but not
limited to assisfed living facilities, p p X X A P P
convalescent homes, continuing care
retirement facilities
Single-family detactied dwellings,new P P P P P P X
Supportive housing, subject to the provisions X X X X X P P
of ACC 18.31.160
Swiinming pools,tennis courts and similar
ouJdoor recreation uses only accessory to P P P P P P P
residen4ial orpark uses
Townhouses (attached) X X X X P P P
B. Commercial Uses.
_ _ _ _ . _
Commercial horse riding andbridle treils A X X X X X X
Commercial retail,included aspart of mixed-
use development and not a tiome occupation X X X X A A A
in compliance with Chapter 18.60 ACC
Daycare, limited to a mini daycare center.
Daycare center, preschool or nur'sery school X A A A A A A
may also be permitted.but,must be located
on an arterial
Home-based daycare as regulated by RCW
35.63.185 and through receipt of approved P P P P P P P
city business license
— - _
Home occupations subject Fo oompliance P P P P P p p
with Cfi:ap[e� 18,60 ACG
IMariivana c000erati0e X X X X X X X
IMariivana orocessor X X X X X X X
IMariivana producer X X X X X X X
IMariivana relafed-tiusinesses X X X X X X X
----------—--•-------
Ordinance No. 6642
Version No. 2—Auburn Planning Commission (February 22, 2017 Special Meeting)
Version 2—Published and Distributed February 17, 2017
Version 1 —Published and Distributed February 16, 2017
Page 14
Table 18.OZA20
Permitted Use Table-Besidential Zoning Designations .
P= Permittetl 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
IMariivana researcher X X X X X X X
IMariivana retailer X X X X X X X
IMariivana transoorter business X X X X X X X
Mixed-use development� X X X X P P p
Nursing homes X X X X C C C
Private country clubs and golf courses, X X C C C X X
ezcluding driving ranges
Privately owned and opereted parks and
playgrountls and not homeowners' X A ' A A A P p
association-owned recreational area
Professional offices, included as part of
mixed-use development and not a hqme X X X X A A A
occupation in compliance with Chapter 18.60 '
ACC
C. Resource Uses.
Agricultural enterprise:�
When.50 percent, or more, of the total site
area is dedicated to active agricultural
production du�ing the growing season, and A� X X X X X X
wifh 52 or lessspecial events per calendar
year
Wheniess than 50 percent of the total site
area is dedicated to active agriculturel
production during the growing season, or with C� X X X X X X
more than 52 special events per calendar
year
Agriculturel type uses are permitted provided
tliey are incidental and secondary to the
single-family use:
Agricultural crops and open field growing P X X X X X X
(commercial)
Ordinance No. 6642
Version No. 2 —Auburn Planning Commission (February 22, 2017 Special Meeting)
Version 2 —Published and Distributed February 17, 2017
Version 1 —Published and Distributed February 16, 2017
Page 15
Table 18.07.020 �
Permitted Use Table—Residential Zoning Designations
P= Permitted A=Administretive C = Conditional Use X=Not Permitted
Land Uses Zoning Designations
RC R-1 R-5 R-7 R-10 R-18 R-20
Barns, silas and related:structures P X X X X X X
Commercial greenhouses P X X X X X X
.
Pasturing and g�azing� P X X X X X X
Pubiicand private slables� P X X X X X X
Roadside stands,for the sale of agriculturel
products raised on the premises. The stand
cannot exgeed 300 square feet in area and P X X X X X X
must meet the applicable setback
requirements
Fish hatcheries C X X X X X X
D. Government, institutional,and Utiiity Uses.
Civic, sooial and fraternal club:s X X X X A A A
Govemment 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,Iess than.one acre lol A A A A A A A
size
Religious institutions,.one acre or larger lot C C C C C C C
size
Transmitting towers C C C C C C C
T.ype 1-D wireless communication facility P P P P P P P
(see ACC 18.04.912(J))
Utility facilities and substations C° C� C� Cs G C� C�
1.An accessory dwelling unit may be permitted wifh 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.
Ordinance No. 6642
Version No. 2—Auburn Pianning Commission (February 22, 2017 Spec,ial Meeting)
Version 2—Published and Distributed February 17, 2017
Version 1 —Published and Distributed February 16, 2017
_ _
Page 16
3. Individual uses that make up a mixed-use development must be permitted.within the zone.:lf a use
making up part of a mized-use development requires an administrative or conditional use pe�mit, the
individual use must apply for and receiye the administrative or conditional use approval, as applicable.
4. Proximiry.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 tFie King County boa�d oYiieaith 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 orbinding site plan,.
7.Agricultural enterprise uses are subject to suppiemental development standards under ACC 18.31210,
Agricutturel enterprises development gtandards.
8.An owner occupant that rents to more than two persons but no more than four persons is required to
obtain a city of Aubum rental housing tiusiness license anG shall;meet the standards of the Intemational
Property Maintenance Code. `r
(Ord. 6600§9, 2016; Ord. 6565§2,2015; Ord. 6560§ 9, 2015 Ord fi477§ 8, 2013; Ord. 6369§2, 2011;
Ord. 6363§ 3, 2011; O�d. 6269§ 3, 2009;Ord. 6245§ 5,,2009.) `''' ��
Section 5. Amendment to City Coc�e �1� That Sectiqn 18.09.020 of the
Auburn City Code is hereby amended as follows: t; �:.,
� �•;r, 'ti '`..
18.09 020 Uses , '' � t•.
� �r
Permitted Use,Table Residential Zoning Designations -
,�:. ..ti,
Land�Use,',.;�,� ���`;; R-MHCZone
A. Manufactured/Mobile home community :�, ::., `. = , p
B Residential accessory use,,.r_;, ����� p
C Menufactured/Mobile home community accessory use� P
D Keeping of not mo�'e than six hou5ehold pets�This limit shall not apply to P
birds, fish, or suckli`ng young ofpets,, ,,•�,
E Home tiased:daycare sv , p
F Dayca're limited to°a;:mini daycare center daycare center, or A
t:� ,
presghool/nursery school - ;
G Ma�iivana c000eretive X
H Mariiva'n'a''orocessor x
I Mariivana"��ocJucer X
J Mariivana related!'businesses ; X
K Mariivana researcher X -
L Mariivana retailer x
M Mariivana transoorter tiusiness X
P=Permitted Use
A=�Use may be permitted in district when an administretive use permit has been issued pursuant to
the proyisions 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
Ordinance No. 6642
Version No. 2—Auburn Planning Commission (February 22-, 2017 Special Meeting)
Version 2 —Published and Distributed February 17, 2017
Version 1 — Published and Distribufed February 16, 2017
Page 17
Also see ACC 18.02.120 forfurther 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.OT0 Lea Hill overlay.
A. Pu�pose. 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 ofAubum Ordinance Nos. 5346 and 6121, and
�_<:
icJentified on the city of Aubum comprehensive zonmg„map. While the intent isthat 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 variafions are needed
to recognize previous development allowed by::;King County�zoning. Unless otherwise
provided for in this section, ali other provision's and requirements;of this title shall apply
to properties within the Lea Hill overlay. �, e 'ir
- B. Dev.elopment Standards— Lots Previously Approved:�, +
1. For any residential lot that had �eceived final plat approval�fnal short plat
��,.
approval, or preliminary plat approval,�or that King County had received and determined
4he application complete for a preliminary,.plat or short plat; prior to the effective date of
annexation into the city ofAuburn the�d'evelopment stan'dards in fhe following table shall
apply. The property owner/apphcant shall be responsible to ,provide to the city evidence
of these preyious approvals � .' '; ,''u
2. Any furtfier subdivision of any lot antl its subsequent use must co.nform to
4he permitted uses �and standa�ds referencedain the applicable zoning chapters of tliis
title, except as modifed b,y this section. Fo�farm animals, subsection E of fhis section or
subsection 18 31.21D shall apply
,;>, `' ';+,
+P. �
r.a. .-..! r ... ...... ._�r
Min Nlin Setbacks• Building Height
- - -- -
Lot Area Min Lot Max Lot
Zone Area Width Co6era e Side, Side,
9 Front Rear Main
�Sq' FS9per (FtJ (%) (Ft.) (Ff.) �Fi)rior �Ft�ef (Ft.) Accessory(FtJ
Ft.) Unit)
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-foof setback from any street.
G. 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
Ordinance No. 6642
Version No. 2—Auburn Planning Commission (February 22, 2017 Special Meeting)
Version 2—Published and Distributed February 17,2017
Version 1—Publis.he.d antl Distributed February 16, 2017
Page t8
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 approveii�by
King County shall be requi�ed to be fulfilled in the city'of Auburn: `
D. Planning Direc#or Authorization. The planning director shall be authorized
fo interpret the language of any King County permit, plat or condition the�eof and
effectuate the implementation of same to the fullest extent possible. If there is a conflict
between a previous King Goun.ty approval and the AubLrn regulation then the most
restricfive provision shall apply as determined by 4he planning director.
E. Farm Animals. �-^v�:r.
�r����,;,,,p.,,
1. For properties greaterthan an acre in,;the'-�R-1, R-5 and R-7 zones, it is
ermissible to kee farm animals excludin " '
P p ( g goats and sw�ine 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,�abbits, or similar size animals
per each acre of enclosed usable pasture or roaming area. This`?acreage requirerrient is
in addition to the minimum lot size requirerrients of the zone Pr`operty owners of more
than an acre in the Lea Hill Overlay may choose:,to apply these standar'ds or the standards
in subsection 18.31.210. ,° `� '*,
2;. Shelters provided for farm animals-shall be�constructed no,;closer than 50
; , zr
feet f�om any adjoining lot and shell 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. `t,�s ;;•,,
3. For those,properties that do not meet�the requi�ements of su6section (E)(1)
of this section, and farm animals were prgsent prior to annexafion, the farm animals may
remain as legal nonconforming;uses. In such''case the number of farm animals allowed
may be the same as wfiat the county zoning p�ovisions had aliowed prio�4o the effective
�._
date of the annexation of the sub�ect property ,,
F y , ' Lot,Averaging , R=1 Zone.;,lt may be possible to subdivide land in the R-1
zone into loCs' smaller;than 35,000 squa�e feet,if`the property has a significant amo.unt of
non-buildabie land due;;to,steep slopes, wetlan'ds or similar features that would be in the
public s best,interest to mainfain. The following regulations shall apply in situations where
lot averaging>,is,permitted or�equired ; .:
1. `'At least 50 percent of the subdivision must be set aside as open space.
Gritical areas (i e lsteep slopes;;wetlands) can count towardsthe 50 percent requirement.
Maintenance of the open space tract or easement sliall be the responsibility of the
property owner and/o'r a'ho"meowners' association.
2. The numbe� 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 wifh 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. Lofs within the subdivision shall be clustered s.o as to provide for continuity
of open space within tfie subdivision and, where possible, with adjoining parcels.
Ordinance No. 6642
Version No. 2—Auburn Planning Commission (February 22, 2017 Special Meeting)
Version 2 — Published and Distritiuted Fekiruary 17, 2017
Version 1 — Published and Distributed February 16, 2017
Page 19
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 p,lat, fnal plat or short plat shall illustrate the buildirig
area for each lot. Any future corisfruction will be limited to the identified bu.ilding area.
6. A native growfh protection easement or similar device, which may include
proyisions for the limited removal of vegetation and passive use of the easement, that
perpetually protects the rion-buildable areas must be recorded with the fnal plat orshort
�r..
plat.
G All mariivana related businesses and mariivana cooperatives are prohibited
land uses within the Lea Hill overlav. (Ord. 6369 § 3 2011 O�d. 6245 § 13, 2009.)
y o-� v �A
Section Z. Amendment to City Code:,That Section,, 18.21.020 of the Auburn
4 � l
City Code be and the same hereby is amended #o read as follows;;, _
,,4
18:21.020 West Hill overlay. , `� .,.,
A. Purpose. The purpose of tliis :section ;.is fo pcovide;., for additional
�,a:�. � w�.,.
development standards to address the area commonly� referred to as::the West Hill
annexation area, as annexed under.city.of Aubum�Ordinance No. 6122 antl identified on
the city of Auburn comprehensive zoning map. 1Nhile�the intent is that 4he development
standards for iones in the West Hill"annexation,area wQl:be similar to (if not the same as)
corresponding zones in other areas of'the aty'some variations are needed to recognize
previous development ailowed;by King County zomng Unless otherwise provided for in
this section, all othe'r;p'royisions„and reqwrements of this title shall apply to properties
wifhin the West Hill oyeriay. -� ��
B Development Standards— Lots P,reyiously Approved.
1 �- For any residen#ial lot that had received final plat approval, final short plat
approval p�eliminary,plat approval or th'at King Cdunty had received and determined the
application complete'for a prehminary plat;or�short plat, prior to tfie effectide dafe of
annexation, the development standards in the following table shall apply. The property
owner/applicant shall 6e ' respon'sible to proyide evidence of these previous
a pp rovals/d ecisirons:
2. Any.further subdivision of any lot and its subsequent use must conform to
the permitted uses;and standa�ds referenced in the applicable zoning chapters of this
titie, except as modifed by th`is section. For farm animals, subsection E of tliis section or
subsection 1.8.31:210 shall apply.
Setbacks" Building Heighit _
Min Lot Min Lot Min Lot Max Lot
Zone Area (Sq. Area (Sq. Width CoOera e $ide,
9 Front Rear Side, Main Accessory
FtJ Ft. per Unit) (Ft.) (°/a) (FL) (Ft.) Interior Street(Ft.) (FtJ (FtJ
(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
-------------------
Ordinance No. 6642
Version No. 2—Auburn Planning Commission (February 22, 20178pecial Meeting)
Version 2—Pubiished and Distributed February 17, 2017
Version 1 — Published and Distributed February 16, 2017
Page 20
Setbacks` ' Building Height
Min Lot Min Lot Min Lot Max Lot -
Zone Area (Sq. Area (Sq. Width Coverage Side ' `
Front Rear Side, - Main Accessory.
Ft.) Ft. per Unit) (Ft.) (%) (Ftj . (Ft.) Interior Street(Ft.) (Ft.) (Ft.)
(F4J
__ - -
R-7 2,500 6,000 30 35 10 5 5 1D 35 16
"Garages and other similar structures with a vehicular access�equire a 20-foot setback from any street.
C. Prior King County Approvals. The city of Aub,urn will recognize the terms of
any King County-approved plat, PUD, conditional use perrtmit, contract rezone or similar
contractual obligations that may haye been approved,p[ior fo the effective date of the
annexation of fhe subject property: The conditions of any;,project that was approved by
King County shall be required to be fulfilled in the'icity of Auburn:
D. Planning Director Authorization The planning cJirector shall be authorized
to interpret the language of any King County� permit, plat or.�condition tfiereof and
effectuate the implementation of same to the"fullest extent possible;:,If there is a c.onflict
between a previous King County approval and the Aubum regulation, then the most
�_ .
restrictive provision shallapply as determined by=the planning director >.�
E, Farm Animals. �
1. For p�operties 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 anima�s (excluding goats and swine in the
R-5 ancl R-7 zones); provided, there shall not be,more than,one horse, cow, donkey or
other similar large animal or four small�apimals�'such.as sh`eep, or 12 pouttry, rabbits, or
similar size animals',per each-acre of enclosed:;usable pasfure or roaming area. This
acreage requirement,is in addition to the minirrium lot size requirements of the applicable
zone. Ptoperty owne'rs`of more ihan 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 ad�oining:lot antl no closer tham.100 feet from any pubiic street or alley. Any
corral, ezercise yard,�or arena shall,maintain"a'distance of 35 feet from anyproperty line.
This excludes pasture areas.
3. For those properties that do not meet the requirements of subsection (E)(1)
of 4his 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 5ubject property.
I F. All mariivana related businesses and mariivana c000eratives are prohibited
land uses within the West Hill overlav (Ord. 6369 § 3, 2011; Ord. 6245 § 13, 2009.)
Section 8. AmendmenYto 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.
Ordinance No. 6642
Version No. 2 —Auburn Planning Commission (February 22, 2017 Special Meeting)
Version 2 —Published and Distributed Februar.y 17, 2017
Version 1 — Published and Distributed February 16, 2017
Page 21
A. Purpose. The purpose of this section is to provitle for additional
development.standards fo address the area designated as urban separator in the city's
comprehensive plan, as prescribed in the interlocal agreement between the city and King
Gounty approyed under city of Au6urn Resolution No. 4113 and identifed on the city of
Autiurn comprehensive land use map. Unless otherwise provided for in this section, all
ofher provisions and requirements of this title shall apply to propeRies witfiin the urban
separator overl,ay.
B. Development Standards. For property �ocated 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 mariivana related businesses and mariivana_cooperatives are prohibited
_ _ .._ _
land uses .within the_Urban_Separator Overlav. (Ord. 6369,§ 3, 2011; O�tl. 6245 § 13,
2009.) , _
�;. ,
Section 9. Amendment to City Code. That Section 18:23.030 of the Auburn
Gity Codg be and the same hereby is amen"ded•to read as follows:
z c_� r :t1 �:i.
18.23.030 Uses. ����
A. General Permit Requirements. Table 18�23:030 identifies the uses of land
allowe:d in each commercial and mdustrial,�one and=the land use approval process
required to establish each use. t"'?,, ` �-
B. Requirements.for Certa'in;'Specifi��'Land Uses, Where the last column in
Table 18:23,030 ("Standards�for Specific Land Uses") includes a reference to a code
section nurriber the•_�eferenced section determines other'requirements and standards
applicable to the use: r,egardless of whether it is permitted outright or requi�es an
administrative or conditional use permit.
�.
_�._ _...�._ ... , __.�._ ._�_
Table18.23.030 Permitted,Administrative, Conditional and Prohibited Uses byZone
- — - , -
PERMITTED,ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P-Pertnitted
C-Conditional
A-Administrative
X—Prohibited
Zoning Designation Standards for
LAND USE _ Specific Land Uses
C-N C-1 G2 C3 C-4 M-1 EP M-2
INDUSTRIAL, MANUFACTURING AND PROCESSING, WHOLESALING
_ .. . _ . ._--. ._
Building_contractoY; light X X X P X P X P
_. _ __
_ __
Building contractor, heavy X X X X X A X P
Manufacturing, assembling and packaging X X X P X P P P ACC 18:31:180
-Light intensity
Manufacturing, assembling and packaging X X X A X P A P ACC 18.31.180
-Medium infensity
Ordinance No. 6642
Version No. 2-Auburn Planning Commission (February 22, 2017 Special Meeting)
Version 2- Published anci Distritiuted February 17, 2017
Version 1 - Published and Distributetl February 16, 2017
Page 22
Table 18.23.030 Permitted,Adminisirative;Conditionatand Prohibited Uses tiy Zone
PERMITTED;:ADMINISTRATIVE, CONDITIONALANDPROHIBITED USESBYZONE. P—'Permitted -`
C—Conditional
A—Administrative
X—Prohibiteii
Zoning Designation Standards for
LAND USE Specific Land Uses
C-N C-1 G2 C-3 C-4 M-1 EP M-2
Manufacturing, assembling and packaging X X X X X X X A ACC 18.31.180
—Heayy intensity
Mariivana orocessor X X X X X C C C ACC 18_59
Mariivana �roducer X X X X X C C C ACC 18.59
Mariivana researcher X X X X_ X C C C ACC 18.59
Mariivana retailer X X X C X C C C ACC 18.59
Mariivana transoorter business X X X X X C C C ACC 18.59
Outdoor storage, incidental to principal X X X P X P P P ACC 18.57.020(A)
permitted use on property
Storage—Persona(household storage X P X P X P X P ACC 18.57.020(B)
faciliry(mini-storage)
Warehousing and tlistribution X X X X X P R C ACC 18.57.020(C)
-- _
WaYehousing and distritiutio'n, bonded and X X X P X P F P
located within a designated foreign trade
ione
Wholesaling with on-site retail as an X X X P X P P P
incidental use'(coffee, bakery, e.g.)
RECREATION, EDUCATION AND PUBLIC ASSEMBLY USES
C.ommercial recreation facility, indoor X P P p p p p q
Commerqial 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
Moyie4heater, except drive-in X P P P P X X X
Private school—Specialized A A P P P P P P
education/training (for proft)
Retigious institutions, lot size less than one A P P P A A A
adre
Religious institutions, lot size more than C P P P A A A A
one acre
Sexually oriented businesses X X X P X P X P Chapter 18.74 ACC
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Ordinance No. 6642
Version No. 2—Auburn Planning Commission (February 22, 2017 Special Meeting)
Version 2 — Published and Distributed February 17, 2017
Version 1 - Published and Distributed February 16, 2017
Page 23
Table 18.23.03D Permitted,Administrative,Conditional and Prohibited Uses by Zone
_. _ _
PERMITTED,ADMINI$TRATIVE, CONDITIONALAND PROHIBITED USES BYZONE P-Permitted
C—Conditional
A—Administrative
X-Prohibited
Zoning Designation Standards for
LAND USE $pecific Land Uses
C-N C-1 G2 C-3 C-4 M-1 EP M-2
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 work7liVe unit X P P P P P P X
u. —
I Marnuana C000erative X X X X X X X X
_ _
Multiple-family dwellings as part of a mized- X P P P P P P X ACC'18.57.030(A)
use development
—--
Multiple-family dwellings, stand-alone X X X X X X X X ACC 18.57.030(B)
Nursing home,assisted IiVing facility X P P P C X X X
... . _ _ . _ .
Senior liousing _ X A A A X X X X
__ _.. - — _ . __
RETAIL
_.
Building andlandscape materials sales X X X P X P X P ACC 18.57,035(A)
_. _.
Construction and heavy equipment sales X X X X X A X P
and rental
Gonvenience store A A P P X P P P
Drive-through espresso stands A A A P A P A A
Drive-through faoility,_including banks and A A A P P P X P HCC 18.52.040
restaurants
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 P P P P P P P P ACC 18.57.035(D)
a permitted use(auto/vehicle sales not
included inlhis category)
Restaurant,cafe,coffee shop P P P P P P P P
_ - — —
Retail
Community retail establishment A P P P P P X' P
__.___ ___
Neighborhood retail establishment P P P P P P X P
Regiona�retail establishment X X X P P P X A
Ordinance No. 6642
_ ... _.
Version No. 2—Auliurn Planning Commission (February 22, 2017 Special Meeting)
Version2—Published and Distri6uted February 17, 2017
Version 1 — Published and Distributed February 16, 2017
Page 24
Table 18.23.030 Permitted;:Administrative;Londitional antl Prohibitetl Uses byZone
_
PERMITTED,ADMINISTRATIVE; CONDITIONAL AND PROHIBITED USE&BY ZONE P'>Permitted
C—Conditional
A—Administrative
X—Prohibited
ZoningDesignation Standa�ds for
LP,ND USE Specifc Land Uses
C-N C-1 C-2 C-3 C-4 M-1 EP M-2
Tasting room p p p p p p p p
Tavem P P X P P P X A
Wine production facility, small craft A P P P p p p p
distillery, small craft brewery
SERVICES
Animal daycare(excluding kennels and A A A P A P X P ACC 18.57.040(A)
animal boarding)
Animal sales and services(excluding P P P P P P X P ACC 18.57.040(B)
kennels and veterinary cfinics)
Banking and related financial inStitutions, P P p p p p p p .
excluding drive-through facilities
Catering service P P P P A P A P
Daycare, including mini dayoare, daycare A P P P p p p x
center, preschools or nursery schools
Dry cleaning and laundry service(personal) P P P P p p p p
Equipment rentai 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 ezcludes offices A A A A A A A A
and related uses fhat are permitted outright
Hospital X P P P X P X P
Lodging—Hotel or motel X p p p p q p q
Medical—Dental clinic P P P p P P X X
Mortuary,funerel 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, X A P P P P P P
newspaper and other printed matter)
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)
Ordinance No. 6642
Version No. 2—Auburn Planning Commission (February 22,2017 Special Meeting)
Version 2— Published and Distributed February 17, 2017
Version 1 -Published and Distributed February 16, 2017
Page 25
Table 18.23.030 Permitted,Administretive, Conditional and Prohibited Uses tiy Zone
PERMITTED.ADMINISTRATIVE, CONDITIONAL AND PROHIBITED USES BY ZONE P—Permilted
C—Conclitional
A—Adminisfretive
X—Prohibited
Zoning Designation Staniiards fot
LAND USE _ Specifc Land Uses
C-N C-1 C-2 C-3 C-4 M-1 EF M-2
Veterinary clinic, animal hospital A P P P P P X X
TRANSPORTATION, COMMUNICATIONS AND INFRASTRUCTURE
Ambulance,taxi,and specialized X X X A X P X P
trenspoRation facility
Broailcasting studio X P X P X P X P
Heliport X X X C X C X C
Motbr freight terminal ' X X X X X X X X See Footnote No. 1
Parking facility, public or commercial, X P P P P P P X
surface
Parkirig facility,pOblic or commercial, X P P P P F P X
structured
Towing storage yard X X X X X A X P ACC 16.57.045(A)
Utility Vansmission or distri6utidn line or A A A A A A A A
sub'station
Wireless communication facility(WCF) — — — — — — — — ACC 16.04.912,
18.31.100
VEHICLE SALES AND SERVICES
Aujomobilewashes(automatic,full or self- X A X P P P X P ACC 18.57,050(A)
service)
Auto parts sales with installation services X A A P P P X P
Autolvehicle sales and rental X A X P X P X P ACC 18.57.D50(B)
Fueling station X A A P P P X P AGC 18.57.050(C)
Mobile home, boat, or RV sales X X X P X P X P
Vehicie services—Repaidbody work X X A P X P X P ACC 18.57.050(D)
OTHER
Any comme�cial:use abutting a residential A A A A A A A A
zone which has hoursof operations outside
of the following:Sunday: 9:00 a.m.to 10;00
p.m. or Monday—Satu"rday: 7:00 a.m.to
10:00 p_m.
(Ord. 6508 § 1,:2014; Ord. 6433 § 26, 2012.)
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Ordinance No. 6642
Version No. 2—Auburn Planning Commission (February 22, 2017 Special Meeting)
Version 2 — Published and Distributed February 17, 2017
Version 1 — Published and Distributed February 16, 2017
Page26
Section 10. Amendment to City Code . That Section 18.29.050 of.the Auburn
City Code be and the same hereby is amendeii to rea�d as follows:-
18.29.050 Use limitations.
Hereafter, aU buildings, structures or properties may be used for any use, unless
specificaliy 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 foliowing uses are profiibited:
A. Sexually oriented businesses as defined in_Chapter 18J4 ACC.
B. Tavems. � :,:�"
C. All industrial uses as defned in the North'American Industrial Classification
`t '' ¢•
ystem (1997 Edition), categories 48 —49 (transportatiori) 31 — 33 (manufacturing) anii
42 (wholesale). �
D. Outdoor storage of matenals and equipment (except during active
constrtiction projects).
E. NerV automobile maintenance and repair busmesses �,,<-.,;,
F. Work release facilities; secure commundy,t[ansition facilities,
G. Wrecking yards. "� . '`„t�
H. Solid waste transfe�`s"tations. ''�•
I. Car washes. ` ` ��-`
a `-�c � �
J. New gasoline stations�`4 ,,,
K. Street-level ministorage ";'? ` �
L. Outdoor'saies of;vehicles;�boats or,equipment. ''
M. Dnve m%dnve through facilities witti direct'vehicular driveway access onto
Main Street ;; , "
I N All Marnuana Related Businesses and Mariivana C000eratives
O °;:Other uses may be'prohibited by tHe directorif the use is determined to be
inconsistent with the;intent of,this zone"o'r.is of tfie same general character of fhe other
prohibited,uses hsted`in this section. (Qrd. 60T1 § 6 [Exh.A], 2007.)
Section 11. Amendm,ent to'City Code. That Section 18.35.030 of#he Auburn
City Code be and;the same hereby is amended to read as follows:
18.35.30 Uses , � `
A; General permit �equirements. 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 Spec'ific Land Uses") includes a section number, 4he
ceferenced section determines other requirements and standards applicabie to the use
regardless of whether it is permitted outright or requi�es an administrative or conditional
use permit.
--------------
Ordinance No. 6642
Version No. 2 —Auburn Pianning Commission (February 22, 2017 Special Meeting)
Version 2—Published and Distributed February 17, 2017
Version 1 —Published and Distributed February 16, 2017 .
Page 27
Table 18.35.030 Permitted, Administrative, Conditional and Prohibifed Uses by Zone
P-Permitted
Permi4ted,Administrative, Conditional and Prohibifed Uses by Zone �_Conditional
A-Administrative
X-Prohibited
Zoning Designations Standards forSpecific
LAND USE RO RO-H P-1 I Land Uses
MARIJUANA RELATED BUSINESSES
Manivana orocessor X X X X
Mariivana oroducer X X X X _
Mariivana researcher X X X X
Mariivana retailer X X X X
Mariivana transoorter business X X X X
PUBLIC
Animal shelter, public x X P x
Go4ernment facilities,this excludes offices and A A P P
retated uses that are pertnitted outright
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 p _
Cemetery, privafe X X X _ A ___
College, uniyersity, public X X A A
Commercial recreation facility-Indoor X X X P _
Commerc'ralrecreationfacility-Outdoor X X X A AGC18.57.025(A)
ConferencelconVen;ion facility X X X A -
Library, museum X X P P
Meeting fability,public or private A A P P
Pridate school-speciaiiied education/training (for P P x P
profit) -
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
O�dinance No. 6642
Version No. 2—Auburn Planning Commission (February 22, 2017 Special Meeting)
Version 2 —Published and Distribufed February 17, 2017
Version 1 - Published and Distributed February 16, 2017
Page 28
Table 18:35.030 Permitteil Administrative, Conditiona(and Prohibited Uses by Zone
, _
Permitted,Administretive, Conditional and Prohibited Uses 6y'Zone � P-Permitted
C—Conditional
A=Administrati4e
X—Prohibited
LAND USE Zoning Designations Standards for Specific
RO RO-H P-1 I Land Uses
Home occupation P P X P Chapter 18.60 ACC
Live/work,work/live unit A P X A
IMariivana C000eretive 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 liome, assisted living facility A A X P
Senior housing A A X A
RETAIL
Restaurant,cafe, coffee shop, excluding drive- A A P A
through facilities
SERVICES
Banking and related financial institutions,excluding P P X X
drive-through facilities (4)
Daycare,including mini daycare, daycare center, A P X P
preschools or nursery schools
Home-based dayca�e 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 q
Peisonal service shops P P X X
Pha�macies X P X X
Notes:
1. Duplexes, 3,600 square#eet of lot aFea per dwelling unit is required
2. Multi-family dwellings; provided that 2,400 square feet of lot area is p�ovided 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. Pe�mitted within a public college or university as an amenity or service provided to studenfs. A stand-alone bank
or medical services/clinic is not permitted.
(Ord. 6434 § 1, 2012.)
---------------•------
Ordiriance No. 6642
Version No. 2—Auburn Planning Commission (February 22, 2017 Special Meeting)
Version 2 —Published and Distributed February 17, 2017
Version 1 —Published and Distributed February 16, 2017
Page 29
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.
Those aYeas previously annexed to the city for which no city zoning classification
has been fixgd 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.mariivana_related.businesses and. mariivana
cooperatives shall be orohibited in the Unclassified Use District. (Ord. 4229 § 2, 1987.)
°•::��'`,
$ection 13. Amendment to Gity 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 Rermitted uses. , ' + •.
� .�.
?he permitted uses allowed in the Ter�ace View zoning d,istrict will be those as
allowed witHin Chapter 18.30 ACC, G3 Heavy Commercial District;`asmay be amended.
The process to allow any use on the Terrace�View propeity shall be�as^reguired by this
title with the exception thaf apartments/multifamily units will be conside�ed an outright
permitted use and will not require�an:admini5trative'.`use permit. Notwithstandin4 the
. �:..
foreqoinq. .all mariivana_related businesses and_manivana cooperatives shall:not be
permitted in anv residential o� non re '
. ..
' sidential'ioortion of tfie•Terrace View zonin4 district.
(Ord. 6269 § 26, 2009, Ord 5377 § 2 2000 ) ' ` �
� ,..
,� , _
Section 14 New Sectio,n to City Code. That a new Section 18.04.1001 of the
Aubum City Code be��and the sarrie hereby is created to read as follows:
y
18.04 100T ; "Child,care center,%
�,,..
Ctiiid care center" means�an entity that reg�ularly provides child day care and earty
learrnng s"ervices fora'group of children for pe�iods of less than hventy-four hours licensed
by the Washington state iiepartment of early learning under Chapter 170-295 of the
Washington:Administretive Code (WAC).
�,, �-
Sectiony�15.';;New Section to City Code. That a new Section 18.04.1003 of the
Aubum CityCode be''and the same hereby is created to read asfollows;
, ,;
18.04.1003 "Game arcade`'.
"Game arcade" means an entertainment venue featuring primarily video games,
simulators, andlor othe� amusement devices where persons under twenty-one years of
age are not restricted
Section 16. New Section to City Code. That a new Section 18.04.1005 of the
Auburn City Code be and the same here.by is created to read as follows
18.04.1005 "Marijuana" or "marihuana."
Ordinance No. 6642
Version No. 2—AubumPlanning Commission (February 22, 2017 Special Meeting)
Version 2—Published and Distributed February 17, 2017
Version 1 —Published and Distributed February 16, 2017
Page 30
"Marijuana"or"marihuana"means all parts of the plant Cannabis, whether growing
ornot; with.a THC concent�ation greate�than.0:3 percent on a d'ry weighf 6asis;the seeds
thereof;the resin extracted from any part ofthe plant;and every compound;manufactu�e,
salt, derivafive, mixfure, or preparation of the plant, its seeds or resin. The term does not
include the mature stalks of the plant, fiber produced from the stalks, oil or cake macl'e'
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 wfiich is incapable of germination.
,,T
Section 17. New Section to City Code: That a new Section 18.04.1007 of the
2•„
Aubum City Code be and the same here6y is created to,;read as follows:
y
�>.
18.04.1007 "Marijuana cooperative." ,� `' ,;,,.
"Marijuana cooperafive" means up to fou��qualifying patients, as defined by RCW
69.51A.010(19), who share responsibility fo� acquiring and supplying the resources
needed to produce and process marquana, mcluding tetraHydrocanna6inols or
cannabimimetic agents, only for fhe medical use of inem6ers of the cooperatiye and not
for profit. � r, � ��
�..-
��� „� r� -
�� ,. ` t
Section 18. New Section to C�ty Code. That a,new Section 18.04.1009 of the
Aubum City Code be and the same hel-eby is created to read as follows:
. r 1 �� p.;.. _
,. �, . ,^..,
18.04.1�ari'uanarmfusedn r du Products '
�� � ,
° . ) � p `cts" means prod"ucts that.contain marijuana or marijuana
extracts and are intended for human use The terrri "marijuana- infused products" does
not include useabie marquana ` �
/ `�� n,y
Sect�on 19 New Section to City Code.��That a new Section 18.04.1011 of the
Aubum Gity Code be`and the `ame,hereby is created to read as follows:
; , _ ,.,,
� ,'_��., a..-�
.,.,.,_,
18.04 1011 �;.:°Marijuana processor
Marijuana processor ,means any person or entity licens.ed by the Washington
state hquor and cannabis boa�d 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
Aubum City Code be and the same hereby is creafed to read as foliows:
18.04.1013 "Marijuana producer."
'`Ma�ijuana producer" means any person or entity licensed by the Washington state
liquor and cannabis board to produce marijvana, including tetrahydrocannabinols or
cannabimimetic agents, for wholesale to marijuana processors and other marijuana
produce�s pursuant to RCW 69.50:325.
----------------------
Ordinance No. 6642
Version No. 2 —Auburn Planning Commissibn (February 22, 2017 Special Meeting)
Version 2— Published and Distributed February 17, 2017
Version 1 — Published and Distributed February 16, 2017
Page 31
Section21. New Section to City Code. That a new Section 1.8.04,1015 of the
Aubum City Code be and the same hereby is created to read as follows'.
18.04.1015 "Ma�ijuana related business."
"Marijuana related business"means a person or entity engaged in for-profit activity
that includes the. possession, cultivation, production, processing, distribution,
dispensation, or sale of tetrahydrocannabinols or cannabimimetic agents, as defined by
the controlled substances act, codified at 21 U.S.C. § 8,12;'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
Aubum City Code be and the same hereby is created to reatl;a,s follows:
a:.
18.04.1017 "Marijuana retailer." ' ' :
,�,. �
"Marijuana retailer" means any person ,or entity ;established for the purpose of
making marijuana concentrates, usable marijuana and: marijuana`�nfu,sed products,
including tetrahydrocannabinols or cannabimirrietic;agents, available fo'r�:sale to adults
aged tvuenty-one and over. " ` , f `
` k �`, �, �
Section 23. New Section to City Code. That a new Section 18.04.1019 of the
Aubum C'ity Gode be and the same he�eby is created to read'as followg;
��.�' I `� _;
18.04.1019 'Marguana resea�cher:" � � �`
"Marijuana researcher" is.a position licensed by the Washington state liquor and
cannabis board that permits a,liicense.e to p�oduce, process, and possess marijuana for
the hmited rgsearch„purposes�setforth,in RCW.69.50:372.
� �r < ;: `
�;:�+�
Section 24 New Section to City Code. That a new Section 18.04.1021 of the
.� �.,
.. , . .
Aubum City;Code be and She same hereby is created to read as follows:
18.04.1021 � Manjuana transporter."
"Ma�ijuan"a transporter""_i§ a position licensed by the Washington state liguor and
cannabis board pursuant to,;1NAC 314-55-310 that allows a licensee to phy"sically
transport or deliver rriarguana;marijuana concentrates, and marijuana-infused products
between licensed marij"u'ana`businesses within Washington state.
Section25. New Section to City Code. That a new Section 18.04.1023 of the
Aubum City Code be and the same hereby is created to read as follows:
18.04.1023 "Piablic or priVafe park."
''Public or private park" means an area of land for the enjoyrrient of the pubiic or
private parties, haying facilities for rest and/or recreation, such as a baseba0 diarnond or
basketball sourt, owned and/or managed by a private for-profit entity, a non-profit entity,
Ordinance No. 6642
Versio.n No. 2—Auburn Planning Gommission (February 22, 2017 Special Meeting)
Version 2 —Published and Distributed February 17, 2017
Version 1 —Published and Distributed February 16, 2017
Page 32
a homeowners' asso.ciation, city, county; state;'federal government, sovereign nation or
met�opolitan park district. Fublic park does not include trails.
Section 26. New Section to City Code. That a new Section 18.04.1025 of 4he
Auburn City Code be and the same hereby is created to read as follows:
18.04:1025 "Public or private playground."
"Public or private playginund" means a public or p�rivate outdoor recreation area
for children, usualiy equipped wifh swings, slides, and other playground equipment,
� ,..,.
owne.d and/or managed by a private business, a non profit entity, city, county, state, or
federal government or sovereign nation. "
'„
r ,Y ..
Section 27. New Section to City Code ,That a new Secfion 18.04.1027 of the
Auburn City Code be and fhe same hereby is,created to read`as'lfollows:
, :. Y` U �r
18.04.1027 "Public or piivate recreational center." f�-
"Public or private recreation cenfer or facility" rneans a supe'rvised center that
provides a broad range of actiwties.and events�:intentled primarily forwuse by persons
under twenty-one years of age, owned and/or man'agecl,by a private business, charitable
honprofit organization, sovereign nation city county state, or federal govemment.
,
Section 28 New Section to City Code ,That a new;,Section 18.04.1029 of the
Aubum City Code be and the §ame hereby is created to:read as follows:
18.04.1029 "Public t�ansit cente�."
"Public transit center"means a facility located outside of the public right of way that
is owned and,`managed by a transit agency or c,ity, county, state, or federal government
for the ezgress purpose.of staging people and pehicles where several bus or other transit
routes converge. They:'serye a's`:`efficient hu6s to allow bus riders from various locations
to assemble.at a central point to take.advantage of express trips or other route to route
transfe.rs �
Section 29 �.New Section to Gity Code. That a new Section 18.76.046 of the
Aubum Ci4y Code be:and the;"sarrie hereby is created to read as follows:
18J6.046 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:
Se.ction 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 �ead as follows:
----------------------
Ordiriance No. 6642
Version No. 2—Auburn Planning Commission (February 22, 2017 Special Meeting)
Version 2 —Published and Distributed February 17, 2017
Version 1 — Published and Distributed Fetiruary 16, 2017
Page 33
Chapter 18.59
DEVELOPMENT STP;NDAf2DS FOR MARIJUANA RELATED BUSINESSES
_ _ _
Secfionx
18.59.010 Pu.rpose.
18.59.020 Maximum number of marijuana retail businesses.
18.59.030 Required geographic sep.aration.
18.59.040 Marijuana requi�ed to be grown in a structure.
� �a.:
18.59.050 Requi�ed odor control for marguana'refad stores.
18.59.Q60 First-in-time—change in ownership, �el.ocation and abandonmentfor
marijuana retail stores. `z ` `� �;..
18.59.070 Signage. X `
18.59.Q80 Security required. �!? � �
18.59.090 Specific standards for manjuana processors;,producers. research
and fransportation businesses `=`
18.59.100 Fre-application conference�meeting required �
18.59.110 Public review meeting required �� ,r�;� '' ^
� �� ��� rs�,;� �
1.8.59.010 Purpose. ',�l "�, .
The development standards contametl in this Ch pter are intended to addre.ss Ehe
substantive impacts that marijuana related businesses may�have on all or a portion of the
community by providing clea[,;and objecfive development standards that will reduce or
mitigate said impacts;and provicle, when approp�iate o ortunities for public awareness
pp<;.;
and input prior to an^_:application':bemg made, to the City:'In addition, the development
standards will provide the City,,acJ�acent property owners (residential ornon-residenfial)
and ad�acent busmess owners as wellas the entire community the opportunity to be kept
informed and aware through on going"'reporting'for those marijuana related businesses
that successfully obfain"appropnate approvals♦and authorizations to operate in the Gity of
Aubum
18.59 020 " Maximum numb"er of marijuana retail businesses.
;:..,
A. The total maximum number of marijuana retail businesses operating within
the City at any given�=t'ime sfiall be limited to a maximum of fhree (3) properly licensed)
and permitted stores For purposes of these regulations, these standards shall be
considered in addition to`tfie numeric allowances on these businesses specifed now or
in the future tiy the Washington State Liquor and Cannabis Board..
B. In the event that one (1) of the permitted three (3) marijuana retail
businesses ceasesto legaliy 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
Ordinance No. 6642
Version No. 2—Auburn Planning Commission (February 22, 2017 Special Meeting)
Version 2—Published and Disfributed February 17, 2017
Version 1 —Published and Distributed February 16, 2017
Page 34
tFie City, provided that a legal change in business name or ownership or Washingtori 8tate
Unifed 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 geog�aphically
separated as follows. For purposes of these regialations, these standards shall be
considered in addition to those geographic siting standards specifed by the Washington
State Liquor and Cannabis Board: ��:>
A. A marijuana retailer authorized tiy the,4V1%ashington State Liquor and
Cannabis Board and the City to operate within the.;City;shall be sited a minimum of one
i?�r.s r..�:,�
(1) mile from another simila�ly authorized marijuana business.
B. A marijuana retailer business shall.be sited a minimum of 4,320 feet f�om
, .:-,
any properties zoned and utilized for single family residenUal o�,multi-family residentiai
land uses. �� �i'
.�.
C. All marijuana related businesses?shall not'be locateii w�thin REFER TO
_.. _ .. �i_,�>, r* -.s
POTENTIAL OPTIONS BELOW ofthe following uses,or,any use included in'Ghapter314-
55 WAC now or as hereafter amended ,, "'G �;,,,
1 �h.
OPTION 1:. � ' � �� � `����� .;;;., a��"��
;` - ,
5,280 feet (1 mile) for all of the following ,'�;
1. Public`elementa'ry;or secontlary`school,
2. Pnvately;;operated,school
3 Pub6c or'private playgrounds mclusive of those located within a multi-fam"ily
sresidenti'al complez, ,:, � �,
4 'Public or;private`r'ecreation"center�facility;
5. ';. Child cafe oe;nters;�':. '�'
6 , Public or private parks, ,
7. 'Public frails ` "
8. "Public transit centers
9. Religious institutions;
10. Pubhc libraries;a`if
11. Any game arcade; and,
12. 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:
1. Public elementary or secondary school;
2. Privately operated school
3. Public or priyate playgrounds inclusive of those located within a multi-family
residential complex;
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Ordinance No. 6642
Version No. 2 —Auburn Planning C.ommission (February 22, 2017 Special Meeting)
Version 2—Published and Distributed February 17, 2017
Version 1 —Published and Distributed February 16, 2017
Page 35
4. Public or privafe recreation center or facility;
5. Child care centers;
6. Public or private parks;
7. Any game arcade; and,
1.,320 feet for:
1. Public trails
2. Public transit centers;
3. Religious institutions;
4. Public libraries;
5. Transit center or park-and-ride facildy operated tiy a sovereign nation on
trust or non-trust designafed propertes
OPTION 3s �::'_�=
� :�>
1;320 feet forc
1. Pu61ic elemenfary or secondary'school;
2. Privately operated school � �*-.,,
3. Public or•private playgrounds inclusiye of tho',se located within a multi-family
residential complex,� x h = � '
4. Public or private recr�.eafion,center or faal�ty;
5. Child care centers b `, "�','.-�;,
6. Public or private parks, , x,
7. Any game arcade and, ;;
1,000 feet for '} ` " " > `
� j � �`�
1. Public trails '1� �, �
2. Public"transit�centers; � r��,
3. Religious'institutions, { ,.
4 : ` Rublic,libranes,� W `x � ; � ;;;,
5 , Transit;'center on;park and nde facility operated by a sovereign nation on
trust or non trust"designated properties
a ��iM..
D. rM,easurement All sepa�ation requirements shall be measured as the
shortest straightiine distance:.from the property line of the proposed business location to
the propertjr line of the use specified in this section.
E. Any ma�guana,producer or marijuana processors operating within the city (
i) shall strictly comply'with all;iridustrial, health and safety codes, including 6ut not limited
to Section 314.55.1 q4 WAC'and Section 69.50.348 RCW, and ( 'i'i) shall haye at least 4,
000 square feet of builtling utilized for its individual.business, and the total square feet of
all marijuana producers and processor in the city shall not exceed 90,000 spuare 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 utilizeii foF 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.
16.59.040 Marijuana required to be grown in a structure.
--—-------------•----
Ordinance No. 6642
Version No. 2—Aubum Planning Commission (February 22,2017 Special Meeting)
Version 2 — Published and Distributed February 17, 2017
Version 1 — Published and Distributed February 16, 2017
Page 36
�..For aIF inarijuana related:businessesrand marijuana;cooperatives, marijuana shall
be grown in a-structurer Outdoor cultivation is prohibited in all instances:
. ,
18.59.050 Required odor control for marijuanaretail stores.
Marijuana odor shall be contained within the retail store so that odor from the
marijuana cannot be detected by a person with a normal sense of smell#rom any abutfing
use or property. If marijuana odor can be smelled from any abutting use or property,the
marijuana retailer shall be required.to implement measures, including but not limited to,
the installation of the ventilation equipment necessary to confain the odor.
18,59.060 First-in-time - Change in ownership relocation and abandonment for
marijuana retail stores.
A. Areas where no retail marijuana uses are located,,,lf two or more marijuana
retail applicants seek licensing from the state arid propose to`locate within less than one
(1) mile of each other, the City shall consider'the entity fhat is hcensed fi�st 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 ,t'he date and time of the state-
i5sued license or conditional license,whichever"is.iss`ued frst. The Director or designee
shall make the first-in-time determina4ion. �
B. First-in-time deferminat,ions are location specific and do not transfer or
apply to a new property or site, unless'the new'site is within,:4he same tax parceL
G. 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 previous�y ma;de as to the;vacated property. The determination shall
become void on the date the 'prope.rty is �acated. Applicants who may haVe been
p.reviously de`,nied a license due'to a frst- in tiirie,determination at the vacated property
may sukimita new application`.after the p�ior first-in-time defermination 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"sta#us. For purposes ofthis Section, discontinuance
shall not mean;a legal change in 6u'siness name or ownership or 1Nashington State
Unified Business Identifier (UBI) number. Discontinuance of a licensed retail use for a
pe�iod ofisix (6) months or g�eater constitutes a prima facie intent to abandon the retail
use, lntent to abandon'may,be rebutted by submitting documentation adequate to rebut
_._ .
the prestamption. 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
approyals; or
3. Correspondence or o4her d.ocumentafion from insurance provider
demonstrating an intent to reestablish the use after either a partial or full loss or disruption
of the use.
----------------------
Ordinance No. 6642
Versibn No. 2-Auburn Planning Commission (February 22, 2017 Special Meeting)
Version 2 - Published and Distributed February 17, 2017
V.ersion 1 - Publis.hed and Distributed February 16, 2017
Page 37
4. Tlie 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. Fi�st-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 ofthe owner or licensee; provided all necessary local, regional, state
or other permits and approvals are successfully obtained and redevelopment commences
within twelve (12) months from the documented date of the accidental destruction or the
licensee provides documentation demonstrating why redevelopment cannot commence
within twelve (12 months), provided that redevelopment is"completed within twenty-four
(24) months of the documented date of accidental destruction.
18.59.070 Signage. �: ��. � �
All marijuana related 6usinesses shall corriply with applicable sign regulations and
standards as specified in Chap.ter 18,56 (Signs) as may be amended.
,,�
18.59:080 Security requited. �' � �-'� '� ;,,r
In addition to the secunty reguirements` in chapter 315-55 WAC; during non-
' s, processors, and retailers shall store all
busmess hours, all marijuana producer
marijuana concent�ates, useable marguana; marguana infused products, and cash in a
safe or in a substantially constructed;and locked cabinet`The safe or cabin.et shall be
incorporated into tfie �building structure or securely attached thereto. For useable
marijuana products ttiat must ti'e kept refngerated orfrozen, these products may be stored
in a locked refrigerator or freezer container`in a mariner approved by the Director,
provided tiie-container is,affixed to the building structure.
18.59090 :� S ecifie standards for.;marijuana,;producers, processors, resea�ch and
transportation businesses ° ,; . '•
A,,4, Marquana� production and processing facilities shall comply with the
following p�ovisions:
1. "': Marijuana production, processing research and transportation facilities shall
be ventilated so#hat the odor frorn the marijuana cannot be tletected by a person wifh a
normal sense of smell from any adjoining use or property;
2. A screened and;secured loading dock, approved by the Director shall 6e
required. The objectiVe of.this'�equirement is to proVide a secure, visual screen from 4he
public right-of-way and adjoining properties, and prevenf the escape of odors when
deliveting or transferring marijuana, marijuana concentrates, useable marijuana, and
marijuana-infused products.
18.59.100 Pre-applica#ion conference meeting required.
A minimum of one (1) pre-application conference meeting with 4he City of Auburn
and other relevant parties including but not limited to the Valley Regional Fi�e AutNo�ity
shall be conducted prior to the submittal of a formal application for all marijuana related
businesseswithin the City.
Ordinance No. 6642
Version No. 2—Aubum Planning Commission (February 22, 2017 Special Meeting)
Version 2 —Published and Distri6uted Fetiruary 17, 2017
Versiori 1 —Pu6lished and Distributed February 16, 2017
Page 38
18.59.110 � Public review meeting required ', . . . . , . ,
s A:. A minimum of one (1) public review meeting shall be conducted by applicant
for anylnarijuana related business in the Gity.The pu�pose of the Public Review Meeting
is to allow adjacent property owners (r_esidential and non-residential) antl adjacent
business owners an opportunity to become familiar with the proposal and to identify any
associated issues. The Public Review Meeting is infended 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 Gity expects an applicant to takesrinto consideration the reasonable
concerns and recommendations of these.parties when�preparing an applica4ion. The City
expects 4hese parties to work with tHe.applicant,�to"provide reasonable concerns and
recommendations. , '., �"`� ��
B. Prior to submittal of an application'for any marquana related business, the
applicant shall provide an opportunity to meetwith ad�acent prop`erty,owners (resitlential
ornon-residential) and adjacent busines.ses owners within whose li'o"undaries the site for
the proposed marijuana related business is located or�within the notice'radius to reView
the proposal, The applicant shall no# be required��to,`hold�more than one�Public ReView
Meeting provided such meeting is held,withm six.;(6) mon4hs prior to submitting an
application for one (1j specific site '� `��y � '>,
C. Public Review Meetings shall occur,prior to s,ubmitting a formal application
to the City of Auburn i„ . � ;, '' a �� _,;
D. Pubhc Review Meetings shall occur after the' required pre-application
conference with the"Gity of Aubum. � ' �v
E. The appiicant shall:hold a public review meeting in a publicly accessible
location within one (1) inile of tfie proposed business site, provided that ifino such place
is immedia4ely,available the apphcant:;may submit. a written reques.t to fhe Director
proposmg;an alternate;meeting location"antl the`Director may approve said location, in
writing The meeting sterting 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 compiiance with the
Americans with Disabilities Act:(ADA); A portable sign at least 22 inches x 28 inches in
size with minimurii �two (2) irich lettering shall be placed at the main entrance of fhe
building where the meetmg wiil take place at least one (1) hour prior to the meeting:Such
sign will announce the'meeting, and announce that the meeting is open to the public and
that intere.s.ted persons a�e 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 pursuarit to the most current
public records of the King County Assessor's Office or Pierce Gounty Assessor's Office
within 1;320 feet on all sides of fhe propeity'involved in the anticipated application and to
all current businesses registered with the City of Aubui-n within 1,320 feet on all sides of
tfie prbperty involved in the anticipated application. At the re:quest of the applicant, and
----------------------
OPdinance No. 6642
Version No. 2—Auburn Planning Commission (February 22, 2017 Special Meeting)
Version 2 —Published and Distributed Feb�uary 17,2017
Version 1 —Published and Distributed February 16, 2017
Page 39
upon payment of 4he applicable fee, the City wiil provide the required mailing lists for
property owners and/or registered businesses.
G. Notless than twenty (20) calendar days prior to the Publig Beview Meeting,
the applicant shall post a notice on the property which is subject of the proposed
application. The notice shall be posted within ffty (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
relatecl business in sufficient detail for a reasonable person to ascertain the nature and
type of busine5s, the name of 4he applicant and the applicanYs telephone number and
el.ectronic mail address where the applicant can be*reaetied for additional info�mation.
The site-shall rertmain posted until the conclusion of the Public Reyiew Meeting.
H. At 4he Public Review Meeting, the applicanf shall describe the proposed
application to persons in attendance. The attendees may identify any issues that fhey
believe should 6e add�esSed in the proposed'`application and,�rec.ommend that those
issues be submitted for City consideration'and�analysis. �
I. At the Public Review Meefing the applicant shalf take notes of fhe
discus§ion on the proposecJ application. ° t� ��' '^ �� "`;.
w.>:�, �
J. To comply with this section, an'napp�ant shall submit:%the following
information with the application „ , ;r �.
1. A copy of the notice sent to,,surroundmg,,property owners pursuant to
Section 18,59.120 (F). '' ": `�
2, A copy ,of the-,mailing list�used to'send out meeting notices pursuant to
Section 18.59.120.(G) :�. , �� � -, '
'` .; _
3: A written statement and `clear ;pliotograpfis containing the information
posted on the property'pursuant to Section 18'S9.120 (G)
4 A notarized affidavit'of mailing and,posting notices.
5 ; Copies,of wntten:matenais and 8 5-�inch x 11 inch size plans presented at
the Pub6c•Rewew Meet�ng -e �" . '�
6 , Typed n'otes,of tfie meeting mcluding the meeting date, time, and location,
the name and address of those attending, and a summary of oral and written comments
received
K. If'�esponses to;the meefing notice were not received by the applicant and
no one attended'the Public'>:Review Meeting or persons in attendance made no
., ,
coriiment"s; the applicant sh'all 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 4he Public Review Meeting proceedings.
Section 31. Imqlementation. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of this
legislation.
Ordinance No. 6642
Version No. 2—Aubum Planning Commission (February 22, 2017 Speciai Meeting)
Version 2 — Published and Distributed February 17, 2017
Version 1 — Published and Distributed February 16, 2017
Page 40
Section 32. Severabilitv. The provisions of this ordinance are declared to be
separate and severable. The inValidity of any clause, sentence, paragraph, subdivision,
section or portion of this ordinance, or the invalidity of the application thereof to any
person or circums#ance shall not affect the validity of the remainder of this ordinance, or
the validity of its applicafion to otherpersons or circumstances.
Section 33. Effective Date. This Ordinance shalj�t.ake effect and be in force five
days from and after its passage, approval and publication,:as provided by law.
�z' r /
.T j +;�
Introduced:�
� .:�
Passed:j
;,k�r.
Approyed:
� 5 '�
a \t` ,, � '
s' �'
� ,+�� ;CITY OF AUBURN
,� � �
{`y 1.�
�3 J
y:,.. ?:�1 'i <
\ -
_ A
�' ' NANCY BACKUS;MAYOR
s :, ,;�ry„
ATTEST: �£ � � , ,
� 1
��L �
_ - ?t�
;�.
Danielle E.yDaskam, City Clerk
APPROVED AS TO FORM
Daniel B. Heid, City Attomey
PUBLISHED:
Ordinance No. 6642
Version No. 2—Auburn Pianning Commission (February 22, 2017 Special Meeting)
Version 2— Published and Distributed February 17, 2017
Version 1 — Publisfied and Distributed February 16, 2017
Page 41
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Ordinance No. 6642
Version No. 2 —Auburn Planning Commission (February 22, 2017 Special Meeting)
Version 2—Publisfied anci Disfributed February 17, 2017
Version 1 — Published and Distributed February 16, 2017
Page 42
PC 02.22.17 PGS. 6 � � j p
Item V.B. Proposed Ord! No. 6642 �
Submitted by: Kevin Smyder
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