ORD 2679 ORDINANCE NO . alo P ?
AN ORDINANCE related to land use and zoning , declaring an
emergency , and adopting a moratorium on the establishment ,
location , operation , maintenance or continuation of marijuana
retail sales facilities , processing facilities , manufacturing facilities ,
and growing facilities asserted to be authorized or actually
authorized under Washington Initiative Measure No . 502 , or
proposed Washington Administrative Code Chapter 314 - 55 , or any
other laws of the state of Washington ; and providing for an
immediate effective date
WHEREAS , Washington Initiative Measure No . 502 , herein after " I - 502 , " approved by
the voters of Washington State on November 6 , 2012 , provides for private recreational
marijuana use by persons over 21 years of age , subject to state licensing and regulation of
marijuana production , processing and retail sales facilities and requires the Washington State
Liquor Control Board , herein after " LCB , " to adopt procedures and criteria by December 1 ,
2013 for issuing licenses to produce , process and sell marijuana provided they are located at
least 1000 feet from the nearest schools , playgrounds , day care facilities , arcades , public parrs ,
public libraries , recreational centers , and transit centers ; and
WHEREAS , pursuant to 1 - 502 , on September 4 , 2013 , the LCB issued revised proposed
administrative rules under WAC 314 - 55 , and established the maximum number of retail licenses that
may be issued for Washington cities and counties , including a maximum total of 1 retail licenses
within the City of Camas ; and
WHEREAS , further pursuant to 1 - 502 , WAC 314 - 55 is scheduled to be finalized
October 16 , 2013 and become effective on November 16 , 2013 with applications for marijuana
production , processing and retail facilities accepted by the LCB beginning November 18 , 2013 ;
and
WHEREAS , marijuana uses and activities authorized under 1 - 502 remain expressly
prohibited by federal law , although under a guidance memo issued to U . S . Attorneys on August
29 , 2013 , the U . S . Department of Justice indicated they will not challenge the legality of 1 . 502 if
the state law and regulations promulgated there under meet certain specified federal concerns ;
and
WHEREAS , previously in a letter dated January 17 , 2012 , the U . S . Department of
Justice , Drug Enforcement Agency , provided that anyone who knowingly carries out the medical
marijuana activities contemplated in Washington , as well as anyone who facilitates such
activities could be subject to criminal prosecution ; and
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WHEREAS , proposed guidance for implementing 1 - 502 under WAC 314 - 55 - 020 ( 11 )
states : " The issuance or approval of a license shall not be construed as a license for , or an
approval of, any violations of local rules or ordinances , including , but not limited to : Building
and fire codes , zoning ordinances , and business licensing requirements , " and
WHEREAS , the Camas City Council acknowledges the will of voters in passing 1 - 502 , but
also recognizes that marijuana production , processing and retail sales still remain illegal under federal
Jaw , and state rules for administering 1 - 502 are not finalized ; and
WHEREAS , additional time is needed to review and determine the local implications of state
rules once finalized , to assess impacts and potential liabilities under federal law , and to determine an
appropriate regulatory framework under these laws ; and
WHEREAS , the City must ensure that any proposed locations for these operations are
appropriate and that potential secondary impacts are minimized and mitigated ; and
WHEREAS , the City intends to permit for additional community outreach , work
sessions , and public hearings , relating to the development of regulations for marijuana
production , processing , manufacture , and retail sales facilities ; and
WHEREAS , the City Council deems it to be in the public interest to establish a zoning
moratorium on marijuana retail facilities , marijuana growing facilities , marijuana
manufacturing facilities , and marijuana processing facilities ; and
WHEREAS , pursuant to RCW 36 . 70A . 390 and RCW 35 63 . 200 , the City is authorized
to enact a moratorium without holding a public hearing , provided that a public hearing must be
held within 60 days of the passage of this ordinance ; and
WHEREAS , while the City Council determines that a moratorium is necessary for reasons
stated herein , the Council understands the desires of those wishing to move forward with
implementing 1 - 502 . Nevertheless , given the complex and evolving legal and regulatory framework
surrounding the production and retail sale of marijuana , these measures are necessary until the
Council can adequately and appropriately address the issues described herein ; and
WHEREAS , pursuant to WAC 197 - 11 - 880 , the adoption of this ordinance is exempt from
the requirements of a threshold determination under the State Environmental Policy Act ( " SEPA " ) ;
and
WHEREAS , the City Council finds that the regulatory requirements established by this
ordinance are necessary for the immediate preservation of the public peace , health and safety and for
the immediate support of city government and its existing public institutions ,
NOW THEREFORE , BE IT ORDAINED BY THE CITY OF CAMAS :
Section 1 . The City Council adopts the foregoing recital clauses herein as findings in support
of the adoption of the moratorium provided by this ordinance .
Section 2 . Pursuant to the provisions of RCW 36 . 70A . 390 and RCW 3 5 . 63 . 200 , a zoning
moratorium is hereby enacted prohibiting until April 14 , 2014 within the City of Camas , the
application for and the licensing , establishment , location , operation , maintenance or continuation
of any marijuana retail sales use , growing use , manufacturing use , or processing use or facility
pursuant to Washington Initiative Measure No . 502 , WAC 314 - 55 or other state law .
Section 3 . Public hearing . Pursuant to RCW 36 . 70A . 390 and RCW 35 . 63 , 200 , the City
Council shall hold a public hearing no later than December 16 , 2013 , on the adopted moratorium
established by this ordinance .
Section 4 . Severability . If any clause , sentence , paragraph , section , or part of this
ordinance or the application thereof to any person or circumstance shall be adjudged by any
court of competent jurisdiction to be invalid , such order or judgment shall be confined in its
operation to the controversy in which it was rendered and shall not effect or invalidate the
remainder or any parts thereof to any person or circumstances and to this end , the provisions of
each clause , sentence , paragraph , section or part of this law are hereby declared to be severable .
Section 5 . Effective date and notice . The City Council hereby finds and declares that
an emergency exists which necessitates that this ordinance become effective immediately in order to
preserve the public health , safety and welfare . This ordinance shall become effective immediately
upon passage . The City Clerk is directed to publish a summary thereof, including the title , at the
earliest possible publication date .
PASSED BY the Council and APPROVED by the Mayor this day of November ,
5� rf
2013 .
' 1•
SIGNED :
Mayor
ATTE S
lerk
APPROVED as to form :
y Attorney