ORD 2712 ORDINANCE NO . 2712
AN ORDINANCE amending Camas Municipal Code Sections
18 . 03 . 030 and 18 . 07 . 030 by adopting land use and zoning
regulations , and establishing prohibitions on the location of
marijuana- related facilities .
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 parks ,
public libraries , recreational centers , and transit centers ; and
WHEREAS , pursuant to I - 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 license
within the City of Camas ; and
WHEREAS , further pursuant to 1 - 502 , WAC 314 - 55 was 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 , the City adopted a six month moratorium to consider the issues relating to
the establishment of I - 502 uses on November 4 , 2013 ; and
WHEREAS , marijuana uses and activities authorized under I - 502 remain expressly
prohibited by federal law, although under a guidance memo issued to U . S . Attorneys on August
2 % 2013 , the U . S . Department of Justice indicated they will not challenge the legality of I - 502 if the
state law and regulations promulgated there meet certain specified federal concerns ; and
WHEREAS , a letter dated January 17, 2012 , from the U . S . Department of Justice, Drug
Enforcement Agency, providing 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, was subsequently clarified ; and
WHEREAS , proposed guidance for implementing I - 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 Washington Voters in passing
I- 502 , but recognizes that the majority of Camas Voters voted against the passage of I- 502 ; and
WHEREAS , the Washington State Attorney General ' s Office has provided a non-binding
opinion that local governments are not preempted by state law from banning the location of a
Washington State Liquor Control Board licensed marijuana producer, processor, or retailer within
their jurisdiction, and that local governments may establish land use regulations (in excess of the
Initiative 502 buffer and other Liquor Control Board requirements) or business license requirements
in a fashion that makes it impracticable for a licensed marijuana business to locate within their
jurisdiction ; and
WHEREAS , the police powers expressed in the Washington State Constitution article XI
provides : " [a] ny county, city, town or township may make and enforce within its limits all such local
police, sanitary and other regulations as are not in conflict with general laws" ; and
WHEREAS , the nonbinding opinion issued by the Washington State Attorney General ' s
Office noted : "I- 502 does not express any indication that the state licensing and operating systems
preempts the field of marijuana regulations" ; and
a
WHEREAS , on April 7th, 2014 , the City Council held a public hearing and established an
additional six month moratorium on the establishment of I- 502 uses together with a work program ;
and
WHEREAS , on May 19 , 2014 , the City Council held a public hearing to obtain comment from
the public regarding the City ' s interest in regulating I- 502 licensed facilities ; and
WHEREAS , on August 18 , 2014 , City Council directed Staff to prepare amendments to the
Use Authorization Tables of the Camas Zoning Code (CMC 18 . 07 . 030) which prohibit marijuana
processors and producers from all zones within the City of Camas and prohibit marijuana retailers
from all zones within the City of Camas together with a sunset period, with the intent of the sunset
period to establish a timeline in which the subject of prohibiting marijuana retailers would be re-
evaluated through a hearing process or expire, and Council directed the draft amendments be
considered first in a public hearing before the Planning Commission ; and
WHEREAS , on August 29 , 2014, Pierce County Superior Court Judge Ronald Culpepper ruled
that the City of Fife ' s ordinance banning state- licensed marijuana businesses is not pre-empted by 1-
502 or other state law; and
WHEREAS , the City of Camas issued a State Environmental Policy Act Determination of Non
Significance regarding the changes proposed on September 9 , 2014 ; and
WHEREAS , the City issued a Notice of Public Hearing and held a Public Hearing on
September 16, 2014 , before the Planning Commission to consider the proposed code amendments ;
and
WHEREAS , the City issued Notice of Public Hearing and held a Public Hearing to review the
recommendations of the Planning Commission ;
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 this ordinance adopting land use regulation and zoning regulation relating to
marijuana-related facilities, and establishing prohibitions on the location of marijuana-related
facilities .
Section 2 . The City Council amends the Camas Municipal Code (CMC) as follows .
Additions to the CMC are underlined .
Amend CMC 18 . 03 . 030 Definitions for land uses by adding :
"Marijuana processor" means a facility licensed by the Washingtonquor control Board to transform
marijuana into usable marijuana and marijuana- infused products into useable marijuana and
marijuana-infused products , package and label useable marijuana and marijuana- infused products for
sale in retail outlets , and sell usable marijuana and marijuana- infused products at wholesale to
marijuana retailers . Processors are classified as follows :
•
Processor 1 , a facility limited to drying curing, trimming and packaging
• Processor II, a facility that extracts concentrates , infuses products, or involves mechanical
and/or Chemical processing in addition to drying curing, trimming and packaging,
"Marijuana producer" means a facility licensed by the Washington State Liquor Control Board for the
growing and Sale at wholesale of marijuana to marijuana processors and other marijuana producers .
"Marijuana retailer" means a facility licensed by the Washington State Liquor Control Board for the
sale to consumers of usable marijuana and marijuana- infused products .
Amend CMC 18 . 07 . 030 Table 1 by adding :
18 . 07 . 030 Table 1 —Commercial and industrial land uses .
KEY :
P = Permitted Use
C = Conditional Use
X = Prohibited Use
T = Temporary Use
Zoning Districts NC DCCCRCMX BP LUBP LI HI
Commercial Uses
Machine shop c C C PS C TP —
Marijuana processor [X JX X X � X X X X X
Marijuana Producer X X X X X XX X �X
Marijuana Retailer X X X X X X X X X
Notes : 9 . This section shall be in effect through November 30 , 2015 .
Section 3 . Ordinance No . 2698 , providing for a moratorium on the establishment,
location , operation, maintenance or continuation of marijuana related facilities, is hereby
repealed .
Section 4 . This Ordinance is designated as a public emergency ordinance necessary for the
protection of public health, public safety, public property, or public peace, and shall be effective upon
adoption, provided that it is passed by majority plus one of the whole membership of the City
Council .
Section 5 . 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 ar h eby declared to be severable .
PASSED BY the Council and APPROVED by the Mayo t is o2G dof October, 2014 .
SIGNED :
Mayor
ATTEST : 61Z� \
Clerk
APPROVED as to form :
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Client CAM85040 - CITY OF CAMAS Phone (360) 834-2462
Address 616 NE 4TH AVE, apt. #F E-Mail
CAMAS, WA, 98607 Fax
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Order# 522052 Requested By Order Price $223 . 85
Classification ' 0161 - Legal Notices PO # ORDINANCE 2712 Tax 1 $0.00
Start Date 10/28/2014 Created By BOFO Tax 2 $0 .00
End Date 10/28/2014 Creation Date 10/21 /2014, 03 : 52 : 37 pm Total Net $223 . 85
Run Dates I Payment $0 .00
Publication(s) ` ! Camas Washougal Post Record Dimensions 1 . 5600 " X 5 . 7667 "
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Sales Rep XL01 - Bobbi Foster Phone ; (360) 834-2141
E-Mail bobbi . foster@camaspostrecord.com
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ORDINANCE NO. 2712
AN ORDINANCE amending
Camas Municipal Code Sections
18 .03 .030 and 18 .07. 030 by
adopting land use and zoning regu-
lations, and establishing prohibi-
tions on the location of marijuana-
related facilities.
WHEREAS , Washington Initia-
tive Measure 502 , herein alter
" I-502 , ” approved by the voters of
Washington State on November 6,
2012 , provides for private recrea-
tional marijuana use by persons
over 21 years of age, subject to
state licensing and regulation of
marijuana production, processing
and retail sales facilities and re-
quires the Washington State Liq-
uor 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
parks, public libraries, recreational
centers, and transit centers; and
WHEREAS, pursuant to I-502 ,
on September 4, 2013 , the LCB is-
sued revised proposed administra-
rive 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 re-
tail license within the City of Ca-
mas; and
WHEREAS , further pursuant to
I-502 , WAC 314-55 was scheduled
to be finalized October 16, 2013 ,
and become effective on November
161 2013 , with applications for
marijuana production, processing
and retail facilities accepted by
LCB beginning November 18 ,
2013 ; and
WHEREAS , the City adopted a
six-month moratorium to consider
the issues related to the establish-
ment of 1 -502 uses on November
Proofed by Bobbi Foster, 10/22/2014 08 : 25 : 55 am Page : 1
Classified Proof
4, 2013 ; and
WHEREAS, marijuana uses and
activities authorized under I- 502
remain expressly prohibited. by fed-
eral law, although ander a guid-
ance memo issued to U. S. Attor-
neys on August 29 , 2013 , the U.S .
Department of Justice indicated
they will not challenge the legality
of I- 502 if the state law and regula-
tions promulgated there meet cer-
tain specified federal concerns; and
WHEREAS , a letter dated Janu-
ary 17, 2012 , from the U.S . De-
partment of Justice, Drug Enforce-
ment Agency, providing that any-
one who knowingly carries out the
medical marijuana activities con-
templated in Washington, as well
as anyone who facilitates such ac-
tivities could be subject to criminal
prosecution, was subsequently
clarified; and
WHEREAS , proposed guidance
for implementing I-502 under
WAC 314-55-020( 11 ) states: "The
issuance or approval of a license
shall not be construed as a license
for, or any approval of, any viola-
tions of local rules or ordinances,
including, but not limited to :
building and fire codes, zoning or-
dinances, and business licensing re-
quirements; " and
WHEREAS , the Camas City
Council acknowledges the will of
Washington Voters in passing
I-502 , but recognizes that the ma-
jority of Camas Voters voted
against the passage of I- 502 ; and
WHEREAS , the Washington
State Attorney General's Office has
provided a non- binding opinion
that local governments are not pre-
empted by state law from banning
the location of a Washington State
Liquor Control Board licensed
marijuana producer, processor, or
retailer within their jurisdiction ,
and that local governments may es-
tablish land use regulations (in ex-
cess of the Initiative 502 buffer and
other Liquor Control Board re-
quirements) or business license re-
quirentents in a fashion that snakes
it impracticable for a licensed mari-
juana business to locate within
their jurisdiction; and
WHEREAS , the police powers
expressed in the Washington State
Constitution article XI provides:
° [a] ny county, city, town or town-
ship may make and enforce within
its limits all such local police, sani-
tary and other regulations as are
tot in conflict with general Inws %
and
WHEREAS , the nonbinding
opinion issued by the Washington
State Attornev General's Office
noted: 1-502 does not express any
indication that the state licensing
and operating systems preempts
the field of marijuana regulations " ;
and
WHEREAS , on April 7th , 2014,
the City Council held a public
hearing and established an addi-
tional six- month moratorium on
the establishment of I-502 uses to-
gether with a work program ; and
WHEREAS , on May 19 , 2014,
the City Council held a public
Proofed by Bobbi Foster, 10/22/2014 08 : 25 : 55 am Page : 2
Classified Proof
,. '
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hearing ro obtain conimenC from
the public regarding the City's in-
terestin regulating 1- 502 licensed
facilities; and
WHEREAS, on August 18,
2014 , City Council directed Staff
to prepare amendments to the Use
Authorization Tables of the Camas
Zoning Code (CMC 18 .07.030)
which prohibit marijuana proces-
sors and producers from all zones
within the City of Camas and pro-
hibit marijuana retailers from all
zones within the City of Cantas to-
gether with a sunset period, with
the intent of the sunset period to
establish a timeline in which the
subject of prohibiting marijuana
retailers would be re-evaluated
through a hearing process or ex-
pire, and Council directed the draft
amendments be considered first in
a public hearing before the Plan-
ning Commission; and
WHEREAS , on August 29 ,
2014, Pierce County Superior
Court Judge Ronald Culpepper
ruled that the City of Fife ' s ordi-
nance banning state-licensed mari-
juana businesses is not pre-empted
by I- 502 or other state law; and
WHEREAS, the City of Camas
issued a State Environmental Poli-
cy Act Determination of Non Sig-
nificance regarding the changes
proposed on September 9 , 2014;
and
WHEREAS, the City Issued a
Notice of Public Hearing and held
a Public Hearing on September 16,
2014, before the Planning Com-
mission to consider due proposed
code amendments; and
WHEREAS, the City issued No-
tice of Public Hearing and held a
Public Hearing to review the rec-
ommendations of the Planning
Commission;
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 this ordinance adopt-
ing land use regulation and zoning
regulation relating to marijuana-re-
lated facilities, and establishing
prohibitions on the location of
marijuana- related futilities.
Section 2 . The City Council
amends the Camas Municipal
Code (CMC) as follows. Additions
to the CMC are underlined.
Amend CMC 18 .03.030 Defini-
tions for land uses by adding:
Mari 'uana essorit means a
facility licens byrocdie Washington
Liquor Control Board to transform
marijuana into usable marijuana
and marijuana-infused products
into _ useable marijuana and mari-
juana-infused products, package
and label usable marijuana and
marijuana-infused products for sale
in retail outlets, and. sell usable
marijuana and marijuana-infused
products at wholesale to marijuana
retailers. Processors are classified as
follows:
"Processor I . a facility limited to
dr ftnn , curing, trimming, and
packaging: and
Proofed by Bobbi Foster, 10/22/2014 08 : 25 : 55 am Page : 3
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*Processor II , a faciliI3T that ex-
tracts concentrates, infuses prod-
ucts, or involves mechanical and/or
Chemicalprocessing in addition to
drying, curit�, trimming, and
packaging,
" Marijuana producer' means a
facility licensed by the Washington
State Liquor Control Board for the
growing and Sale at wholesale of
marijuana to mariivana processors
and other marijuana producers.
" Marijuana retailer" means a fa-
cility licensed by the Washington
State Liquor Control Board for the
sale to consumers of usable mari-
juana and marijuana- infused prod-
ucts.
Amend CMC 18 .07. 030 Table 1
by adding:
18 .07. 030 Table 1 - Commercial
and industrial land uses.
KEY:
P = Permitted Use
C = Conditional Use
X = Prohibited Use
T = Temporary Use
Zoning Districts: NC; Commer-
cial Uses: Machine shop (6) : X;
Marijuana processor: X; Marijuana
Producer: X; Marijuana Retailer
( 9) : X
Zoning Districts: DC; Commer-
cial Uses: Machine shop (6) X;
Marijuana processor: X; Marijuana
Producer. X; Marijuana Retailer
( 9) : X
Zoning Districts: CC; Commer-
cial Uses: Machine shop( 6) : C;
Marijuana processor: X; Marijuana
Producer: X; Marijuana Retailer
( 9) : X
Zoning Districts: RC; Commer-
cial Uses: Machine shop(6) : C;
Marijuana processor: X; Marijuana
Producer: X; Marijuana Retailer
(9): X
Zoning Districts: MX; Commer-
cial Uses: Machine shop( 6) : C;
Marijuana processor: X; Marijuana
Producer: X; Marijuana Retailer
( 9) : X
Zoning Districts: BP ; Commer-
cial Uses: Machine shop( 6) : C;
Marijuana processor: X; Marijuana
Producer: X; Marijuana Retailer
(9): X
Zoning Districts: LI/ BP ; Com-
mercial Uses: Machine shop(6) :
P (5) ; Marijuana processor, X;
Marijuana Producer: X, Marijuana
Retailer ( 9) : X
Zoning Districts: LI; Commer-
cial Uses: Machine shop( 6) : C;
Marijuana processor: X; Marijuana
Producer: X; Marijuana Retailer
(9) : X
Zoning Districts: HI; Commer-
cial Uses: Machine shop(6) : P ;
Marijuana processor: X; Marijuana
Producer: X; Marijuana Retailer
( 9) : X
Notes: 9 . This section shall be in
effect through November 30,
2015 .
Section 3 . Ordinance No. 2698 ,
providing for a moratorium on the
establishment, location, operation,
maintenance or continuation of
marijuana related facilities, is here-
by repealed.
Section 4, This Ordinance is des-
ignated as a public emergency ordi-
Proofed by Bobbi Foster, 10/22/2014 08 : 25 : 55 am Page : 4
Classified Proof
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nance necessary for the protection
of public health,, public safety, pub-
lic property, or public peace, and
shall be effective upon adoption,
provided that it is passed by ma-
jority plus one of the whole mem-
bership of the City Council
Section 5. If any clause, sentence,
paragraph, section , or part of this
ordinance or the application there-
of to any person or circumstance
shall be adjudged by any court of
competent jurisdiction to be in-
valid, such order or judgment shall
be confined in its operation to the
controversy in which it was ren-
dered and shall not effect or invali-
date the remainder or any parts
thereof to any person or circum-
stances and to this end, the provi-
sions of each clause, sentence, para-
graph, section or part of this law
are hereby declared to be severable.
PASSED BY the Council and
APPROVED by the Mayor this
20th clay of October, 2014:
SIGNED : Scott Higgins, Mayor
ATTEST: /s/Peter Capell, Clerk
APPROVED as to form :
/ s/
City Attorney
No. 522052-Oct. 28
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