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Home My WebLink About2016-008 Marijuana Regulations; YMC Repealing Section 15.01.035AN ORDINANCE ORDINANCE NO. 2016-008 relating to land use and zoning, allowing recreational marijuana producers and processors as a permitted use in the Light Industrial (M-1) and Heavy Industrial (M-2) zones; allowing recreational marijuana retailers in the Local Business District (B-2), Large Convenience Center (LCC), Central Business District (CBD), General Commercial (GC), and Regional Development District (RD); prohibiting recreational marijuana producers, processors, researchers and retailers in all other zones; adopting the state statutory buffer zones for recreational marijuana uses and neighborhood cooperatives; and adopting other restrictions on the locations of these recreational marijuana uses; and repealing YMC Section 15.01.035. WHEREAS, in November of 2012, the Washington voters passed 1-502, which directed the Washington State Liquor Control Board (now Liquor and Cannabis Board—both collectively referred to as "LCB") to regulate recreational marijuana by licensing and taxing recreational marijuana producers, processors and retailers; and WHEREAS, the LCB has adopted since I -502's effective date, numerous rules and a regulatory scheme to address the methods of producing, processing and packaging of recreational marijuana, security requirements for retail outlets, retail outlet locations and hours of operation, labeling requirements and methods of transport of product throughout the state, taxing, license fees, penalties and other necessary regulations for marijuana related businesses; and WHEREAS, on January 17, 2012, the City Council of the City of Yakima enacted Ordinance No. 2012-003, which provided that no use that is illegal under local, state or federal law shall be allowed in any zone of the city, and applying such regulation to medical marijuana dispensaries and collective gardens; and WHEREAS, on October 8, 2013, the City Council of the City of Yakima enacted Ordinance No. 2013-048, which adopted and imposed a moratorium on the production, processing and retail sales of marijuana within the City of Yakima; and WHEREAS, on January 21, 2014, the City Council of the City of Yakima enacted Ordinance No. 2014-001, which prohibited the production, processing and/or retail outlets and sales of marijuana in all zones of the city, and terminated the moratorium imposed on October 8, 2013; and WHEREAS, in 2015, the Washington State Legislature combined the medical marijuana and recreational marijuana systems into one recreational marijuana system, added neighborhood cooperatives, and banned collective gardens in 2E2SHB 2136; and, WHEREAS, on May 17, 2016, the City Council of the City of Yakima voted in favor of repealing the ban on recreational marijuana producing, processing and distributing in Yakima and sent the zoning issues to the Planning Commission for review through the Planning Commission procedures and to provide a recommendation to Council; and WHEREAS, the Planning Commission held and conducted an open record public hearing on June 16, 2016, with special meetings on June 1, 2016, June 8, 2016 and June 16, 2016, all pursuant to required notice and applicable procedures of the City of Yakima, and has adopted findings of fact and conclusions of law in support of its recommendation for adoption of zoning provisions outlined herein, which Findings of Fact and Conclusions of Law are of record and incorporated herein by reference; and WHEREAS, the City Council has held and conducted a public hearing on July 5, 2016, and considered the recommendation of the Planning Commission, the record herein, and all evidence and testimony presented; and, WHEREAS, the City Council finds and determines that approval of such amendments is in the best interests of the residents of the City of Yakima and will promote the general health, safety and welfare; now, therefore BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Repealer. Ord. No. 2012-003 and Ord. No. 2014-001, are hereby REPEALED. Section 2. Repealer. Section 15.01.035—Il1egal Uses Prohibited, is hereby REPEALED. Section 3. Section 15.04.030—Table of Permitted Land Uses—of the Yakima Urban Area Zoning Ordinance is hereby amended to add as separate entities "marijuana production", "marijuana processing", and "marijuana research" as a Class 1 permitted use in the Light Industrial (M-1) and a Class 1 permitted use in the Heavy Industrial (M-2), and to add the following new note **: ** See YMC 15.09.220 for general development requirements for marijuana uses. The "marijuana production" use shall be placed alphabetically in the use chart immediately below the "Agriculture—Commercial" listing. The "marijuana processing" use shall be placed directly below the "Manufacturing" listing. The "marijuana research" use shall be placed directly below the "Manufacturing" listing. Section 4. Section 15.04-030—Table of Permitted Land Uses—of the Yakima Urban Area Zoning Ordinance is hereby amended to add "marijuana retail" as a Class 1 permitted use in the following land use districts: Local Business District (B-2) Large Convenience Center (LCC), General Commercial (GC), Central Business District (CBD) and Regional Development District (RD); and to reference note **. The "marijuana retail" use shall be placed alphabetically in the use chart immediately below the "Retail, Trade and Service" listing. Section 5. Section 15.09.220 shall be added to the Yakima Municipal Code to read as follows: 15.09.220 Marijuana Uses A. Purpose. The purpose of this section is to regulate marijuana producers, processors, researchers and retailers regulated under Chapters 69.50 and 69.51A RCW by identifying appropriate land use districts and establishing development and performance standards. Further, the purpose of this section is to regulate neighborhood cooperatives as allowed by 2E2SHB 2136, as now written or hereafter codified. Marijuana producers, processors, researchers and retailers, as well as neighborhood cooperatives, shall only be permitted in the zones outlined in the Table of Permitted Land Uses, YMC 15.04.030, and when licensed by the Washington State Liquor and Cannabis Board. The production, sale, and possession of marijuana remains illegal under the federal Controlled Substances Act. Nothing herein or as provided elsewhere shall be construed as authority to violate or circumvent federal law. B. Definitions. The following definitions are specific to marijuana uses and shall have the following meanings: 1. "Child care center" means an entity that regularly provides child day care and early learning services for a group of children for periods of Tess than twenty-four hours licensed by the Washington state department of early learning under chapter 170-295 WAC. 2. "Church" means a building erected for and used exclusively for religious worship and schooling or other activity connected therewith. Marijuana regulations pertaining to a "church" are found in Subsection I of this Section. 3. "Director" means the Director of the City of Yakima Community Development Director or his or her designee. 4. "Elementary School" means a school for early education that provides the first four to eight years of basic education and recognized by the Washington state superintendent of public instruction. 5. "Game Arcade" means an entertainment venue featuring primarily video games, simulators, and/or other amusement devices where persons under twenty-one years of age are not restricted. 6. "Library" means an organized collection of resources made accessible to the public for reference or borrowing supported with money derived from taxation. 7. "Marijuana" or "marihuana" means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. 8. "Marijuana processor" means a person licensed by the state liquor and cannabis board to process marijuana into marijuana concentrates, useable marijuana, and marijuana -infused products, package and label marijuana concentrates, useable marijuana, and marijuana -infused products for sale in retail outlets, and sell marijuana concentrates, useable marijuana, and marijuana -infused products at wholesale to marijuana retailers. 9. "Marijuana producer" means a person licensed by the state liquor and cannabis board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers. 10. "Marijuana retailer" means a person licensed by the state liquor and cannabis board to sell marijuana concentrates, useable marijuana, and marijuana -infused products in a retail outlet. 11. "Marijuana researcher" means a person licensed by the state liquor and cannabis board to produce, process, and possess marijuana for the purposes of conducting research on marijuana and marijuana -derived drug products. 12. "Person" means individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity. 13. "Playground" means a public outdoor recreation area for children, usually equipped with swings, slides, and other playground equipment, owned and/or managed by a city, county, state, or federal government. Playgrounds also mean those portions of trail systems which contain playground equipment, such as those playground equipment areas on the Yakima Greenway. 14. "Public Park" means an area of land for the enjoyment of the public, having facilities for rest and/or recreation, such as a baseball diamond or basketball court, owned and/or managed by a city, county, state, federal government, or metropolitan park district. Public park does not include trails. 15. "Public Transit Center" means a facility located outside of the public right of way that is owned and managed by a transit agency or city, county, state, or federal government for the express purpose of staging people and vehicles where several bus or other transit routes converge. They serve as efficient hubs to allow bus riders from various locations to assemble at a central point to take advantage of express trips or other route to route transfers. 16. "Recreation center or facility" means a supervised center that provides a broad range of activities and events intended primarily for use by persons under twenty-one years of age, owned and/or managed by a charitable nonprofit organization, city, county, state, or federal government. 17. "Retail outlet" means a location licensed by the state liquor and cannabis board for the retail sale of marijuana concentrates, useable marijuana, and marijuana -infused products. 18. "Secondary School" means a high and/or middle school: A school for students who have completed their primary education, usually attended by children in grades seven to twelve and recognized by the Washington state superintendent of public instruction. C. Marijuana producers, processors, researchers and retailers must comply with all requirements of Chapter 69.50 and 69.51A RCW, chapter 314-55 WAC, now or as hereafter amended, and all applicable City of Yakima ordinances, standards, and codes, including the requirement to obtain a City of Yakima business license. Applicants for a City business license shall first obtain the necessary Washington State Liquor and Cannabis Board license. D. Limitations on Locations: Producers, Processors, Researchers and Retailers. The following limitations shall apply to all marijuana producers, processors, researchers and retailers, in addition to the limitations outlined in YMC 15.04.030, unless stated otherwise: 1. A marijuana producer, retailer, researcher or processor shall not be located within 1,000 feet of the perimeter of the grounds of the following uses, and any use included in Chapter 314-55 now or as hereafter amended: a. Elementary or secondary school; b. Playgrounds; c. Recreation center or facility; d. Child care centers; e. Public parks; f. Public transit centers; g. Libraries; and h. Any game arcade, as defined herein. 2. No marijuana producer, processor, researcher or retailer shall be allowed to locate within any residential zone of the City of Yakima. 3. All separation requirements shall be measured as the shortest straight line distance from the property line of the proposed building/business location of a marijuana producer, marijuana processor, marijuana researcher or marijuana retailer to the property line of the entities listed in subsection (D)(1) above. E. Structure Requirements. 1. All marijuana processors, marijuana producers, marijuana researchers and marijuana retailers shall operate in a permanent structure designed to comply with the City Building Code. 2. No marijuana retailer shall operate out of a mobile structure, nor shall there be any exterior or drive-thru sales. 3. No marijuana retailer shall be located within any other business, and may only be located in buildings with other uses if the marijuana business is separated by full walls and with a separate entrance. No more than one marijuana retail business shall be located on a single parcel. F. Neighborhood Cooperatives. Qualifying patients or designated providers may form a cooperative and share responsibility for acquiring and supplying the resources needed to produce and process marijuana only for the medical use of the members of the cooperative, pursuant to Part X: Medical Use of Marijuana of 2E2SHB 2136, and as codified in 69.51A.250 RCW. Neighborhood cooperatives shall follow all statutes, regulations and rules instituted by the legislature or Washington State Liquor and Cannabis Board, as well as the provisions outlined herein G. Limitations on Locations—Neighborhood Cooperatives. The following limitations shall apply to all neighborhood cooperatives: 1. A neighborhood cooperative shall not be located within 1,000 feet of the perimeter of the grounds of the following uses, and any use included in Chapter 314-55 now or as hereafter amended: a. Elementary or secondary school; b. Playgrounds; c. Recreation center or facility; d. Child care centers; e. Public parks; f. Public transit centers; g. Libraries; and h. Any game arcade, as defined herein. 2. No cooperative may be located within one mile of a marijuana retailer. 3. All neighborhood cooperatives shall be located within the domicile of one of the participants in the cooperative. 4. All separation requirements shall be measured as the shortest straight line distance from the property line of the proposed building/business location of a neighborhood cooperative to the property line of the entities listed in subsection (G)(1) and (G)(2) above. H. Odor. 1. All odor shall be contained in marijuana retailers so that it cannot be detected by a person with a normal sense of smell from any abutting use or property. In the event odor is escaping the building and can be detected from abutting uses or properties, then the marijuana retailer shall be required to implement measures, including but not limited to, the installation of the ventilation equipment necessary to contain the odor. 2. All odor shall be contained in neighborhood cooperatives so that it cannot be detected by a person with a normal sense of smell from any abutting use or property. In the event odor is escaping the building and can be detected from abutting uses or properties, then the marijuana retailer shall be required to implement measures, including but not limited to, the installation of the ventilation equipment necessary to contain the odor. 3. Marijuana production, processing and researching facilities shall be ventilated so that odor from the marijuana and/or marijuana activities occurring in the facility cannot be detected by a person with a normal sense of smell from any adjoining use or property. In the event odor can be detected from any adjoining use or property, then the facility shall be required to implement measures, including but not limited to, the installation of the ventilation equipment necessary to contain the odor. If the ventilation equipment is not installed, or the odor persists, the City may choose to suspend the facility's business license until the odor issues are addressed in a manner acceptable to the City. I. Notice. Any applicant for any marijuana producer, processor, researcher or retailer license under Chapter 69.50 RCW shall, no later than sixty (60) days prior to the issuance of its license by the Washington State Liquor and Cannabis Board, provide individual notice of the license to any elementary or secondary school, playground, recreation center or facility, child care center, church, public park, public transit center, library, or any game arcade admission to which is not restricted to persons aged twenty-one years or older, that is within 1,000 feet of the perimeter of the grounds of the establishment seeking licensure. The notice must provide the contact information for the liquor and cannabis board and where any of the owners or operators of these entities may submit comments or concerns about the proposed business location. For the purpose of this subsection, "church" means a building erected for and used exclusively for religious worship and schooling or other activity in connection therewith. Section 4. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional, unlawful or invalid by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 5. Effective Date. This oridinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. ATTEST: PASSED BY THE CITY COUNCIL signed an• approved his 5th day of July, 2016. Publication Date: July 8, 2016 Effective Date: August 7, 2016 ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 9. For Meeting of: July 5, 2016 Ordinance and public hearing to consider the Yakima Planning Commission's recommendation amending the Yakima Municipal Code related to land use regulations and locations pertaining to recreational and medical marijuana production, processing, and retailing of such uses Joan Davenport, AICP, Community Development Director Jeff Peters, Supervising Planner (509) 575-6163 SUMMARY EXPLANATION: On May 17, 2016, the Yakima City Council voted in favor of repealing the ban on recreational marijuana producing, processing and distributing in the City of Yakima and sent the zoning issues to the Planning Commission for review to develop land use regulations for marijuana uses and provide a recommendation to the City Council. The Planning Commission held three public study sessions on May24th, June 1st, and June 8, 2016 to develop the draft regulations and ordinance. The Planning Commission concluded their work on the draft regulations following their public hearing which occurred on June 16th and 20th, 2016, with the following recommendations: 1 . The zoning districts of Light Industrial (M-1) and Heavy Industrial (M-2) zones are proposed to be allowed for producing, researching and processing as Class (1) Permitted Uses; 2 . Recreational marijuana retailers are proposed to be permitted as Class (1) Permitted Uses in the Local Business District (B-2), Large Convenience Center (LCC), Central Business District (CBD), General Commercial (GC), and Regional Development District (RD); 3 . Recreational marijuana producers, processors, researchers and retailers in all other zones would be prohibited; 4 . The state statutory (1,000 ft.) buffer zones for recreational marijuana uses and neighborhood cooperatives are proposed to be retained; and 5 . Individual public notice provisions administered by the LCB Board were added for protected uses including churches for proposed marijuana uses within 1,000 feet of a proposed facility, as allowed by the 2015 Legislation. ITEM BUDGETED: NA STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL: Interim City Manager STAFF RECOMMENDATION: Pass ordinance. BOARD/COMMITTEE RECOMMENDATION: The City of Yakima Planning Commission recommended approval of the proposed ordinance on June 22, 2016. ATTACHMENTS: Description D Proposed Ordinance Marijuana Complete Record Marijuana Upload Date 6/23/2016 6/23/2016 Type Ordinance Backup Material 11 RSvga A. Lt 1 p caronr NiAnKtiod City Planning - 1-502 Marijuana Regulation SEPA#013-16 City Council Open Record Public Hearing July 5, 2016 EXHIBIT LIST Applicant: City of Yakima, Planning Division File Numbers: SEPA#013-16 Site Address: Citywide Staff Contact: Jeff Peters, Supervising Planner Table of Contents CHAPTER A Yakima Planning Commission Findings of Fact & Recommendation CHAPTER B Proposed Ordinance C A TER C Maps C 'TER D SEPA Checklist C A 'TER E Public & Agency Comments C A 'TER F Public Notices C A 'TER G Memoranda from City Legal Department CITY PLANNING — I-502 MARIJUANA REGULATION SEPA#013-16 EXHIBIT LIST CHAPTER A Yakima Planning Commission Findings of Fact & Recommendation A® Yakima Planning Commission Findings of Fact Recommendation 06/20/2016 nt CITY OF YAI<ThAA r arming DEPAATMENT OF COMMUNITY DEVELU1MENT Planning Division Joan Davenport, AICP, Director 129 North Second Street, 2"d Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning CITY OF YAKIMA PLANNING COMMISSION FINDINGS OF FACT, AND RECOMMENDATION Zoning Text Amendments to the City's Urban Area Zoning Ordinance Regarding 1- 502 Recreational Marijuana Regulations June 20, 2016 WHEREAS, in November of 2012, the Washington voters passed 1-502, which directed the Washington State Liquor Control Board (now Liquor and Cannabis Board— both collectively referred to as "LCB") to regulate recreational marijuana by licensing and taxing recreational marijuana producers, processors and retailers; and WHEREAS, the LCB has adopted since I -502's effective date, numerous rules and a regulatory scheme to address the methods of producing, processing and packaging of recreational marijuana, security requirements for retail outlets, retail outlet locations and hours of operation, labeling requirements and methods of transport of product throughout the state, taxing, license fees, penalties and other necessary regulations for marijuana related businesses; and WHEREAS, on January 17, 2012, the City Council of the City of Yakima enacted Ordinance No. 2012-003, which provided that no use that is illegal under local, state or federal law shall be allowed in any zone of the city, and applying such regulation to medical marijuana dispensaries and collective gardens; and WHEREAS, on October 8, 2013, the City Council of the City of Yakima enacted Ordinance No. 2013-048, which adopted and imposed a moratorium on the production, processing and retail sales of marijuana within the City of Yakima; and WHEREAS, on January 21, 2014, the City Council of the City of Yakima enacted Ordinance No. 2014-001, which prohibited the production, processing and/or retail outlets and sales of marijuana in all zones of the city, and terminated the moratorium imposed on October 8, 2013; and WHEREAS, in 2015, the Washington State Legislature combined the medical marijuana and recreational marijuana systems into one recreational marijuana system, added neighborhood cooperatives, and banned collective gardens in 2E2SHB 2136; and, WHEREAS, on May 17, 2016, the City Council of the City of Yakima voted in favor of repealing the ban on recreational marijuana producing, processing and distributing in Findings of Fact by the City of Yakima Planning Commission regarding an amendments to the City's Urban Area Zoning Ordinance, YMC Title 15: 1-502 Marijuana Recreational Marijuana Producers & Processors 1 DOC. INDEX Yakima 1994 Yakima and sent the zoning issues to the Planning Commission for review through the Planning Commission procedures and to provide a recommendation to Council; and WHEREAS, pursuant to RCW 36.70A.130(1) the City is required to take legislative action to review and revise its comprehensive plan and development regulations in accordance with the Growth Management Act; and WHEREAS, pursuant to RCW 36.70A.020, goals are set forth to guide the development and adoption of comprehensive plans and adoption of development regulations; and WHEREAS, on May 27, 2016, the City submitted a draft amendment to its Urban Area Zoning Ordinance that proposes to establish regulations for allowing recreational marijuana producers and processors and marijuana retailers in appropriate zoning districts within the City, and accompanying State Environmental Policy Act (SEPA) Checklist, and WHEREAS, pursuant to RCW 36.70A, and YMC 15.23.020, the YPC is authorized to make a recommendation to the Council, for their review, consideration, and adoption of development regulation amendments; and WHEREAS, pursuant to City Ordinance #2004-14 and RCW 36.70A.130 (2) the City followed it's adopted a public participation program, which included the following: 1. Twenty days of public comment starting May 27, 2016, and ending on June 16, 2016; 2. Posting on the City of Yakima's web site of the draft amendments on May 27, 2016; and 3. Published notice in a local newspaper of general circulation, and issued a press release to local media on May 27, 2016; and WHEREAS, pursuant to RCW 36.70A.106 notice of all amendments to the City's development regulations were sent to the Washington State Department of Commerce prior to the amendments being considered for adoption; and WHEREAS, on May 24, 2016, the City of Yakima Planning Commission held a study session regarding the 1-502 legislation and potential land use controls related to marijuana producers and processors. At the conclusion of the study session, the Planning Commission directed the City of Yakima Planning and Legal departments to create a draft ordinance which allowed recreational marijuana producers and processors as a permitted use in the Light Industrial (M-1) and Heavy Industrial (M-2) zones; allowing recreational marijuana retailers in the Small Convenience Center (SCC), Large Convenience Center (LCC), Central Business District (CBD), General Commercial (GC), Regional Development District (RD), and Airport Support District (AS); prohibiting recreational marijuana uses in all other zones; adopting the state statutory buffer zones Findings of Fact by the City of Yakima Planning Commission regarding an amendments to the City's Urban Area Zoning Ordinance, YMC Title 15: I-502 Marijuana Recreational Marijuana Producers & Processors 2 DOC. CNDEX for recreational marijuana uses and neighborhood cooperatives; and adopting other restrictions on the locations of these recreational marijuana uses, and repealing YMC Section 15.01.035.; and WHEREAS, on June 1, 2016, the City of Yakima Planning Commission held a public meeting to review the draft ordinance, take public comment, and review additional information requested by the Commission; and WHEREAS, at the conclusion of its June 1, 2016, meeting the City of Yakima Planning Commission directed staff to revise the draft ordinance to remove the AS, and SCC zones as permitted zoning districts, add the B-2 zoning district, and the Planning Commission requested additional zoning/buffer maps to determine appropriate buffers for both marijuana retail and processors from sensitive land uses; and advised staff to add provisions including restricting retailers from using drive-thru or mobile units, odor, and marijuana research facilities; and WHEREAS, at its June 8, 2016, meeting the City of Yakima Planning Commission took additional public comment, and determined that no buffers should be required from churches, that the State 1,000 ft. buffers for separation of marijuana facilities from sensitive land uses were adequate, and no additional regulations or controls were necessary to allow marijuana land uses within the City of Yakima; and WHEREAS, pursuant to the State Environmental Policy Act (SEPA) WAC 197-11 and YMC 6.88, the City retained its Determination of Non -significance (DNS) on the proposed zoning ordinance amendments on June 16, 2016, prior to the Planning Commission's public hearing, and WHEREAS, an open record public hearing regarding the proposed text amendments occurred on June 16, 2016, where all persons desiring to comment on the proposed amendments were given a full and complete opportunity to be heard; and WHEREAS, the Commission, following public comment, deliberated, reviewed and revised the draft Planning Commission Findings, and accompanying ordinance as follows: 1. The zoning districts of Light Industrial (M-1) and Heavy Industrial (M-2) zones are proposed to be allowed for producing, researching and processing as Class (1) Uses; 2. Recreational marijuana retailers are proposed to be permitted as Class (1) Uses in the Local Business District (B-2), Large Convenience Center (LCC), Central Business District (CBD), General Commercial (GC), and Regional Development District (RD); 3. Recreational marijuana producers, processors, researchers and retailers in all other zones would be prohibited; Findings of Fact by the City of Yakima Planning Commission regarding an amendments to the City's Urban Area Zoning Ordinance, YMC Title 15: 1-502 Marijuana Recreational Marijuana Producers & Processors 3 DOC. INDEX A 4. The state statutory (1,000 ft.) buffer zones for recreational marijuana uses and neighborhood cooperatives are proposed to be retained; and 5. Individual public notice provisions administered by the LCB Board were added for protected uses including churches for proposed marijuana uses within 1,000 feet of a proposed facility, as allowed by the 2015 Legislation; and WHEREAS, the Commission continued the public meeting to June 20, 2016, at 3:30 P.M. to review the final version of the revised ordinance and findings; NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Yakima that, in making the herein above recommendation, these proposed amendments to the YMC Title 15 Yakima Urban Area Zoning Ordinance have been sufficiently considered, and the Commission hereby enters the following Finding of Fact: FINDINGS OF FACT Pursuant to the provisions of Chapters 36.70 and 36.70B RCW the Commission has the legal authority to make a recommendation concerning the adoption of official controls that implement comprehensive plans. 2. The Commission held the required public hearing on June 16 and 20th, 2016, where the Commission considered the proposed ordinance and suggested various changes to the draft ordinance which were incorporated and approved. 3. The Commission finds that the proposed amendments will have the following benefits: a. City acceptance of marijuana uses which were approved by voters of Washington State through Initiative 502; b. Increased access to marijuana for patients with medical needs; c. Development of zoning controls which both allow for the protection of sensitive land uses such as schools, playgrounds, and childcare centers, while also allowing new forms of retail and manufacturing uses within the City of Yakima; and d. Utilization of a previous non -allowed state revenue source. 4. The Commission finds that the City provided timely public participation in consideration of the proposed amendments, consistent with RCW 36.70A.140, WAC 365-195-600, and its adopted Public Participation Program Guidelines. Findings of Fact by the City of Yakima Planning Commission regarding an amendments to the City's Urban Area Zoning Ordinance, YMC Title 15: I-502 Marijuana Recreational Marijuana Producers & Processors 4 DOC. INDEX 5. The Commission considered public testimony related to the proposed amendments and written comments received on or before the date of the public hearing. 6. The Commission concurs with the retention of Determination of Non- significance (DNS) that was issued on June 16, 2016, for the proposed amendments. 7. The Commission member's present voted four in favor and zero opposed to recommend approval of the amendments as set forth in Attachment "A". 8. The Commission's recommendation is consistent with and implements the City's Comprehensive Plan goals and policies. RECOMMENDATION It is for the above reasons that the Commission recommends that Council adopt the attached Amendments to the City's YMC Title 15 Yakima Urban Area Zoning Ordinance with a proposed revision date of July 5, 2016. Motion Based upon the findings outlined above, it was moved and seconded that the City of Yakima Planning Commission recommends APPROVAL of the submitted Zoning Ordinance amendments. The motion was carried by a vote of four in favor and zero opposed. Scott Clark, Chairman Yakima Planning Commission Date Findings of Fact by the City of Yakima Planning Commission regarding an amendments to the City's Urban Area Zoning Ordinance, YMC Title 15: 1-502 Marijuana Recreational Marijuana Producers & Processors 5 DOC. INDEX 4 CITY PLANNING —1-502 MARIJUANA REGULATION SEPA#013-16 EXHIBIT LIST CHAPTER B Proposed Ordinance B-1 Proposed Ordinance 07/05/2016 AN ORDINANCE ORDINANCE NO. 2016 - relating to land use and zoning, allowing recreational marijuana producers and processors as a permitted use in the Light Industrial (M-1) and Heavy Industrial (M-2) zones; allowing recreational marijuana retailers in the Local Business District (B- 2), Large Convenience Center (LCC), Central Business District (CBD), General Commercial (GC), and Regional Development District (RD); prohibiting recreational marijuana producers, processors, researchers and retailers in all other zones; adopting the state statutory buffer zones for recreational marijuana uses and neighborhood cooperatives; and adopting other restrictions on the locations of these recreational marijuana uses; and repealing YMC Section 15.01.035. WHEREAS, in November of 2012, the Washington voters passed 1-502, which directed the Washington State Liquor Control Board (now Liquor and Cannabis Board—both collectively referred to as "LCB") to regulate recreational marijuana by licensing and taxing recreational marijuana producers, processors and retailers; and WHEREAS, the LCB has adopted since 1-502's effective date, numerous rules and a regulatory scheme to address the methods of producing, processing and packaging of recreational marijuana, security requirements for retail outlets, retail outlet locations and hours of operation, labeling requirements and methods of transport of product throughout the state, taxing, license fees, penalties and other necessary regulations for marijuana related businesses; and WHEREAS,on January 17, 2012, the City Council of the City of Yakima enacted Ordinance No. 2012-003, which provided that no use that is illegal under local, state or federal law shall be allowed in any zone of the city, and applying such regulation to medical marijuana dispensaries and collective gardens; and WHEREAS, on October 8, 2013, the City Council of the City of Yakima enacted Ordinance No. 2013-048, which adopted and imposed a moratorium on the production, processing and retail sales of marijuana within the City of Yakima; and WHEREAS, on January 21, 2014, the City Council of the City of Yakima enacted Ordinance No. 2014-001, which prohibited the production, processing and/or retail outlets and sales of marijuana in all zones of the city, and terminated the moratorium imposed on October 8, 2013; and WHEREAS, in 2015, the Washington State Legislature combined the medical marijuana and recreational marijuana systems into one recreational marijuana system, added neighborhood cooperatives, and banned collective gardens in 2E2SHB 2136; and, WHEREAS, on May 17, 2016, the City Council of the City of Yakima voted in favor of repealing the ban on recreational marijuana producing, processing and distributing in Yakima and sent the zoning issues to the Planning Commission for review through the Planning Commission procedures and to provide a recommendation to Council; and D OIDEX ;l WHEREAS, the Planning Commission held and conducted an open record public hearing on June 16, 2016, with special meetings on June 1, 2016, June 8, 2016 and June 16, 2016, all pursuant to required notice and applicable procedures of the City of Yakima, and has adopted findings of fact and conclusions of law in support of its recommendation for adoption of zoning provisions outlined herein, which Findings of Fact and Conclusions of Law are of record and incorporated herein by reference; and WHEREAS, the City Council has held and conducted a public hearing on July 5, 2016, and considered the recommendation of the Planning Commission, the record herein, and all evidence and testimony presented; and, WHEREAS, the City Council finds and determines that approval of such amendments is in the best interests of the residents of the City of Yakima and will promote the general health, safety and welfare; now, therefore BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Repealer. Ord. No. 2012-003 and Ord. No. 2014-001, are hereby REPEALED. Section 2 Repealer. Section 15.01.035-11legal Uses Prohibited, is hereby REPEALED. Section 3. Section 15.04.030—Table of Permitted Land Uses—of the Yakima Urban Area Zoning Ordinance is hereby amended to add as separate entities "marijuana production", "marijuana processing", and "marijuana research" as a Class 1 permitted use in the Light Industrial (M-1) and a Class 1 permitted use in the Heavy Industrial (M-2), and to add the following new note **: ** See YMC 15.09.220 for general development requirements for marijuana uses. The "marijuana production" use shall be placed alphabetically in the use chart immediately below the "Agriculture—Commercial" listing. The "marijuana processing" use shall be placed directly below the "Manufacturing" listing. The "marijuana research" use shall be placed directly below the "Manufacturing" listing. Section 4. Section 15.04-030—Table of Permitted Land Uses—of the Yakima Urban Area Zoning Ordinance is hereby amended to add "marijuana retail" as a Class 1 permitted use in the following land use districts: Local Business District (B-2) Large Convenience Center (LCC), General Commercial (GC), Central Business District (CBD) and Regional Development District (RD); and to reference note **. The "marijuana retail" use shall be placed alphabetically in the use chart immediately below the "Retail, Trade and Service" listing. Section 5. Section 15.09.220 shall be added to the Yakima Municipal Code to read as follows: 15.09.220 Marijuana Uses D A. Purpose. The purpose of this section is to regulate marijuana producers, processors, researchers and retailers regulated under Chapters 69.50 and 69.51A RCW by identifying appropriate land use districts and establishing development and performance standards. Further, the purpose of this section is to regulate neighborhood cooperatives as allowed by 2E2SHB 2136, as now written or hereafter codified. Marijuana producers, processors, researchers and retailers, as well as neighborhood cooperatives, shall only be permitted in the zones outlined in the Table of Permitted Land Uses, YMC 15.04.030, and when licensed by the Washington State Liquor and Cannabis Board. The production, sale, and possession of marijuana remains illegal under the federal Controlled Substances Act. Nothing herein or as provided elsewhere shall be construed as authority to violate or circumvent federal law. B. Definitions. The following definitions are specific to marijuana uses and shall have the following meanings: 1. "Child care center" means an entity that regularly provides child day care and early learning services for a group of children for periods of less than twenty-four hours licensed by the Washington state department of early learning under chapter 170-295 WAC. 2. "Church" means a building erected for and used exclusively for religious worship and schooling or other activity connected therewith. Marijuana regulations pertaining to a "church" are found in Subsection I of this Section. 3. "Director" means the Director of the City of Yakima Community Development Director or his or her designee. 4. "Elementary School" means a school for early education that provides the first four to eight years of basic education and recognized by the Washington state superintendent of public instruction. 5. "Game Arcade" means an entertainment venue featuring primarily video games, simulators, and/or other amusement devices where persons under twenty-one years of age are not restricted. 6. "Library" means an organized collection of resources made accessible to the public for reference or borrowing supported with money derived from taxation. 7. "Marijuana" or "marihuana" means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. 8. "Marijuana processor" means a person licensed by the state liquor and cannabis board to process marijuana into marijuana concentrates, useable marijuana, and marijuana -infused products, package and label marijuana concentrates, useable marijuana, and marijuana -infused products for sale in retail outlets, and sell marijuana concentrates, useable marijuana, and marijuana -infused products at wholesale to marijuana retailers. Doc. INDEX 9. "Marijuana producer" means a person licensed by the state liquor and cannabis board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers. 10. "Marijuana retailer" means a person licensed by the state liquor and cannabis board to sell marijuana concentrates, useable marijuana, and marijuana -infused products in a retail outlet. 11. "Marijuana researcher" means a person licensed by the state liquor and cannabis board to produce, process, and possess marijuana for the purposes of conducting research on marijuana and marijuana -derived drug products. 12. "Person" means individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity. 13. "Playground" means a public outdoor recreation area for children, usually equipped with swings, slides, and other playground equipment, owned and/or managed by a city, county, state, or federal government. Playgrounds also mean those portions of trail systems which contain playground equipment, such as those playground equipment areas on the Yakima Greenway. 14. "Public Park" means an area of land for the enjoyment of the public, having facilities for rest and/or recreation, such as a baseball diamond or basketball court, owned and/or managed by a city, county, state, federal government, or metropolitan park district. Public park does not include trails. 15. "Public Transit Center" means a facility located outside of the public right of way that is owned and managed by a transit agency or city, county, state, or federal government for the express purpose of staging people and vehicles where several bus or other transit routes converge. They serve as efficient hubs to allow bus riders from various locations to assemble at a central point to take advantage of express trips or other route to route transfers. 16. "Recreation center or facility" means a supervised center that provides a broad range of activities and events intended primarily for use by persons under twenty-one years of age, owned and/or managed by a charitable nonprofit organization, city, county, state, or federal government. 17. "Retail outlet" means a location licensed by the state liquor and cannabis board for the retail sale of marijuana concentrates, useable marijuana, and marijuana -infused products. 18. "Secondary School" means a high and/or middle school: A school for students who have completed their primary education, usually attended by children in grades seven to twelve and recognized by the Washington state superintendent of public instruction. C. Marijuana producers, processors, researchers and retailers must comply with all requirements of Chapter 69.50 and 69.51A RCW, chapter 314-55 WAC, now or as hereafter amended, and all applicable City of Yakima ordinances, standards, and codes, including the requirement to obtain a City of Yakima business license. Applicants for a City business license shall first obtain the necessary Washington State Liquor and Cannabis Board license. D. Limitations on Locations: Producers, Processors, Researchers and Retailers. The following limitations shall apply to all marijuana producers, processors, researchers and retailers, in addition to the limitations outlined in YMC 15.04.030, unless stated otherwise: DOC. 1. A marijuana producer, retailer, researcher or processor shall not be located within 1,000 feet of the perimeter of the grounds of the following uses, and any use included in Chapter 314-55 now or as hereafter amended: a. Elementary or secondary school; b. Playgrounds; c. Recreation center or facility; d. Child care centers; e. Public parks; f. Public transit centers; g. Libraries; and h. Any game arcade, as defined herein. 2. No marijuana producer, processor, researcher or retailer shall be allowed to locate within any residential zone of the City of Yakima. 3. All separation requirements shall be measured as the shortest straight line distance from the property line of the proposed building/business location of a marijuana producer, marijuana processor, marijuana researcher or marijuana retailer to the property line of the entities listed in subsection (D)(1) above. E. Structure Requirements. 1. All marijuana processors, marijuana producers, marijuana researchers and marijuana retailers shall operate in a permanent structure designed to comply with the City Building Code. 2. No marijuana retailer shall operate out of a mobile structure, nor shall there be any exterior or drive-thru sales. 3. No marijuana retailer shall be located within any other business, and may only be located in buildings with other uses if the marijuana business is separated by full walls and with a separate entrance. No more than one marijuana retail business shall be located on a single parcel. F. Neighborhood Cooperatives. Qualifying patients or designated providers may form a cooperative and share responsibility for acquiring and supplying the resources needed to produce and process marijuana only for the medical use of the members of the cooperative, pursuant to Part X: Medical Use of Marijuana of 2E2SHB 2136, and as codified in 69.51A.250 RCW. Neighborhood cooperatives shall follow all statutes, regulations and rules instituted by the legislature or Washington State Liquor and Cannabis Board, as well as the provisions outlined herein. G. Limitations on Locations—Neighborhood Cooperatives. The following limitations shall apply to all neighborhood cooperatives: 1. A neighborhood cooperative shall not be located within 1,000 feet of the perimeter of the grounds of the following uses, and any use included in Chapter 314-55 now or as hereafter amended: a. Elementary or secondary school; b. Playgrounds; DOC. WWEX c. d. e. f. g. h. Recreation center or facility; Child care centers; Public parks; Public transit centers; Libraries; and Any game arcade, as defined herein. 2. No cooperative may be located within one mile of a marijuana retailer. 3. of the participants 4. line distance from cooperative to the All neighborhood cooperatives shall be located within the domicile of one in the cooperative. All separation requirements shall be measured as the shortest straight the property line of the proposed building/business location of a neighborhood property line of the entities listed in subsection (G)(1) and (G)(2) above. H. Odor. 1. All odor shall be contained in marijuana retailers so that it cannot be detected by a person with a normal sense of smell from any abutting use or property. In the event odor is escaping the building and can be detected from abutting uses or properties, then the marijuana retailer shall be required to implement measures, including but not limited to, the installation of the ventilation equipment necessary to contain the odor. 2. All odor shall be contained in neighborhood cooperatives so that it cannot be detected by a person with a normal sense of smell from any abutting use or property. In the event odor is escaping the building and can be detected from abutting uses or properties, then the marijuana retailer shall be required to implement measures, including but not limited to, the installation of the ventilation equipment necessary to contain the odor. 3. Marijuana production, processing and researching facilities shall be ventilated so that odor from the marijuana and/or marijuana activities occurring in the facility cannot be detected by a person with a normal sense of smell from any adjoining use or property. In the event odor can be detected from any adjoining use or property, then the facility shall be required to implement measures, including but not limited to, the installation of the ventilation equipment necessary to contain the odor. If the ventilation equipment is not installed, or the odor persists, the City may choose to suspend the facility's business license until the odor issues are addressed in a manner acceptable to the City. Notice. Any applicant for any marijuana producer, processor, researcher or retailer license under Chapter 69.50 RCW shall, no later than sixty (60) days prior to the issuance of its license by the Washington State Liquor and Cannabis Board, provide individual notice of the license to any elementary or secondary school, playground, recreation center or facility, child care center, church, public park, public transit center, library, or any game arcade admission to which is not restricted to persons aged twenty-one years or older, that is within 1,000 feet of the perimeter of the grounds of the establishment seeking licensure. The notice must provide the contact information for the liquor and cannabis board and where any of the owners or operators of these entities may submit comments or concerns about the proposed business location. For the purpose of this subsection, "church" means a building erected for and used exclusively for religious worship and schooling or other activity in connection therewith. DOC. INDEX Section 4. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional, unlawful or invalid by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 5. Effective Date. This oridinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL signed and approved this 5th day of July, 2016. ATTEST: Avina Gutierrez, Mayor City Clerk Publication Date: Effective Date.' DOC. [INDEX 3� na CITY PLANNING — 1-502 MARIJUANA REGULATION EXHIBIT LIST CHAPTER C Maps 111..111 t•1 License Eligible Sites 1000ft Buffer Zoning Category ▪ B-2 Local Business ▪ HB Historical Business • LCC Large Convenience Center CBD Central Business District GC General Commercial M-1 Light Industrial M-2 Heavy Industrial RD Regional Development MI AS Airport Support Orchard Ave tri 111iiir''A lyrj H.+ 1 i _•t 1 P • Valley • High 7 101 L:r+rwi-, t Jul ill !_•_::h..tl' 1'...I'''' Elks Park i r Lr L I E 1._ L 1r iw Zi et Rd West 1.1C 1.: Mal Rd 0 0125025 05 075 1u�in June 2016 - City of Yakima, GIS Services r) v. t a'e.t �li?•r F'ark r West Valley Jr High 61` Z Z Yaitiint a SLld7,RiIrKJta`[ A '- West vulf Course Li rZ 1.NoL( i•�I -Jl':d Arnaki Tree!! Course 11A 0111 11 111 C .14 r. R sncr.3ll Part, Lf • iC h e (slut .A':.= 1,. I 1 I 1. lli 4 4 .) 4 4 kit. se I Pmk Yak'ma A 9D 4 72, y `,x,111:1 A' .1, 4 Kiwani 4 Park ct () Pacific Ave ri, f, Central Washington State Park �.'NCI• 'l+tlr�.;17 11 - Sum rn ,.A.s L 'A Rd f;.lrt: rn an Slaw, Pa ! AXE �'.�� ;�.. ,i_ \ fry a !•jut • s 0 Z • '' i r TaI111111Ji, !,I• Alii •: F I : •[`% mod Ahtarttrll tlnron ii.Gap Sources: Esri, HERE, DeLorme, Intermap, incrementiP Corp., GEBCO, USES, FAO, NPS, NRCAN, GeoBaSe, IGN, Kada ter NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, Mapmylndia, © OpenStreetMap contributors, and the GIS User Community ;: rs ?rte Rd Ter Ileit in This map illustrates the recommendation of the Yakima Planning Commission to the Yakima City Council related to consideration of Licenses for retail sales of Marijuana. State law (RCW 69.50.331) provides requirements and guidelines for buffers from sensitive land uses. The recommendation from the Planning Commission provides a 1000 foot buffer from all sensitive uses. The map also excluded (but did not buffer by 1000 feet) properties that were zoned residential, land zoned B-1 and SCC, as well as those or owned by the City of Yakima, or other government agencies. In the cases where the 1000 foot buffer was applied, if a portion of the parcel was impacted by the buffer, the entire parcel was included. Approximately 802 parcels were identified that met the criteria. RCW 69.50.331 Application for license. 8(a) Except as provided in (b) through (d) of this subsection, the state liquor and cannabis board may not issue a license for any premises within one thousand feet of the perimeter of the grounds of any elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, or library, or any game arcade admission to which is not restricted to persons aged twenty-one years or older. Marijuana Retail Areas Analysis Planning Commission Recommendation Restricted Areas 1000ft Buffer I Yakima City Limits Yakima Council Districts License Eligible Sites 1000ft Buffer Zoning Category B-1 Professional Business • B-2 Local Business ▪ HB Historical Business SCC Small Convenience Center LCC Large Convenience Center CBD Central Business District GC General Commercial M-1 Light Industrial M-2 Heavy Industrial RD Regional Development AS Airport Support • rl_haid Aw W iu I1,)Pri..A. I 1 Ti et on E11 rT1 .22 f ---, .-s111 -. t n-• - -uR*4 r- •z WIDE HOLLOW Zr,&Rd v°le 2.1 VaI y High .,lir:. tAi -13 a a,n erl vs n 75 May 2016 - City of Yakima, GIS Services t all 11 111 .- 11. 1..1 t t,-•ntn iY {�I11•I !.1111 1•'•t Sources: Esri, HERE, DeLorme, TomTom, Intermap, Increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN,.GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, Mapmylndia, © OpenSlredlMap contributors, and the GIS User Community Moll 0 C3 ® 3. DRAFT This map identifies existing parcels within the City of Yakima that are affected by the restrictions of the State of Washington's rules related to Licenses for Marijuana retail, manufacturing and processing operations as specified in RCW 69.50.331. In addition, this map also excluded (but did not buffer by 1000 feet) properties that were zoned residential or owned by the City of Yakima, or other government agencies. The map also identified existing parcels that qualified. In the cases where the 1000 foot buffer was applied, if a portion of the parcel was impacted by the buffer, the entire parcel was included. Approximately 878 parcels were identified that met the criteria of the State Law RCW 69.50.331 Application for license. 8(a) Except as provided in (b) through (d) of this subsection, the state liquor and cannabis board may not issue a license for any premises within one thousand feet of the perimeter of the grounds of any elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, or library, or any game arcade admission to which is not restricted to persons aged twenty-one years or older. Marijuana Restricted Areas - Option 1 Zoning Detail Restricted Areas 1000ft Buffer l•_•_I Yakima City Limits Yakima Council Districts License Eligible Sites 500ft Buffer Zoning Category B-1 Professional Business B-2 Local Business ▪ HB Historical Business SCC Small Convenience Center ▪ LCC Large Convenience Center ▪ CBD Central Business District GC General Commercial M-1 Light Industrial M-2 Heavy Industrial RD Regional Development AS Airport Support •rl=hcild A` e. 1Iet(ill Di J1. 111-Ii'ni.t, licl r''r' tui Cr: :i W+t R • WIDE HOLLOW 7iFd tfdIlev High Ili 1 0 0.129 On OS O1% 1 Mias May 2016 - City 01 Yakima, GIS Services .111 14u1 11111 •7""'i' 7.7 . q .% . L ' ',`.1 „1 1 !vial Alit. Sources: Esri, HERE, DeLorme, TomTom, Intermap, incacirient P Corp., GEBCO, USGS, FAO, NPS, NRCAN,GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, MapmyIndia, © OpenStreelMap conlributors,and the GIS User Community Mill.1� 1Nil I;rj DRAB= W: This map presents a modification to Option 1 Map by reducing the buffer to 500' around child care centers, arcades, transit center, libraries and recreation centers. The map maintains the required 1000' around schools and parks/playgrounds. These modifications are allowed by changes to the State of Washington's rules related to Licenses for Marijuana retail, manufacturing and processing operations as specified in RCW 69.50.331. In addition, this map also excluded (but did not buffer by 1000 feet) properties that were zoned residential or owned by the City of Yakima, or other government agencies. In the cases where the buffer occurs, if a portion of the parcel was impacted by the buffer, the entire parcel was included. Approximately 1402 parcels were identified that met the criteria of the State Law. RCW 69.50.331 Application for license. 8(a) Except as provided in (b) through (d) of this subsection, the state liquor and cannabis board may not issue a license for any premises within one thousand feet of the perimeter of the grounds of any elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, or library, or any game arcade admission to which is not restricted to persons aged twenty-one years or older. Marijuana Restricted Areas - Option 2 Zoning Detail Restricted Areas 500ft Buffer �•_•_� Yakima City Limits Yakima Council Districts License Eligible Sites 100ft Buffer - Zoning Zoning Category B-1 Professional Business ▪ B-2 Local Business ▪ HB Historical Business SCC Small Convenience Center LCC Large Convenience Center ▪ CBD Central Business District GC General Commercial M-1 Light Industrial M-2 Heavy Industrial RD Regional Development AS Airport Support }_1f chard AV^'1 : rri r. �r_I]k,s.t.1t Pc,10‘.• I --- .L71 j 1* ae" 2.r-1 r. ,i r-..""•1 f) J Ti et on 01 �r•�. i 0 • 1t, I II_!horw WIDE HOLLOW Zlet Rd We St Valley High 7.0 0 0125 0.25 05 075 1 Miles May 2016 - City of Yakima, GIS Services tht.'nurn I1 AI-it,tnum 161 Valley 1 DRAFT Sources: Esri, HERE. DeLorme, TomTom, Intermap increment P Corp„ GEBCO, USGS, FAO, NPS, NRCAN,.GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, Mapmylndia, © OpenStreetMap contributors;.and the GIS User Community This map presents a modification to Option 1 Map by reducing the buffer to 100' around child care centers, arcades, transit center, libraries and recreation centers. The map maintains the required 1000' around schools and parks/playgrounds. These modifications are allowed by changes to the State of Washington's rules related to Licenses for Marijuana retail, manufacturing and processing operations as specified in RCW 69.50.331. In addition, this map also excluded (but did not buffer by 1000 feet) properties that were zoned residential or owned by the City of Yakima, or other government agencies. In the cases where a buffer occurs, if a portion of the parcel was impacted by the buffer, the entire parcel was included. Approximately 1776 parcels were identified that met the criteria of the State Law. RCW 69.50.331 Application for license. 8(a) Except as provided in (b) through (d) of this subsection, the state liquor and cannabis board may not issue a license for any premises within one thousand feet of the perimeter of the grounds of any elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, or library, or any game arcade admission to which is not restricted to persons aged twenty-one years or older. Marijuana Restricted Areas - Option 3 Zoning Detail Restricted Areas 100ft Buffer 1.�._I Yakima City Limits Yakima Council Districts CITY PLANNING — I-502 MARIJUANA REGULATION SEPA#013-16 EXHIBIT LIST CHAPTER D SEPA Checklist 1 D4 SEPA Checklist 05/27/2016 annin LAND USE APPLICATION CITY OF YAKIMA, DEPARTMENT OF COMMUNITY DEVELOPMENT 129 NORTH SECOND STREET, 2ND FLOOR, YAKIMA, WA 98901 PHONE: (509) 575-6183 FAX: (509) 575-6105 INSTRUCTIONS — PLEASE READ FIRST AND ANS ER ALL QUESTIONS CO PLETELY, If you have any questions about this form or the application process, please ask to speak with a planner. All necessary attachments and the filing fee are required upon submittal. Filing fees are not refundable. This application consists of several parts. PARI' l - GENERAL INFORMATION, PART II — SUPPLEMENTAL APPLICATION, and PART III—CERTIFICATION are on this page. PART II, III, and IV contain additional information specific to your proposal and MUST be attached to this page to complete the application. PART I — GENE FO ° AT ON . Applicant's nformation: 2. Applicant's rest in Property: 3. Property Owner's Information (If other than Applicant): a Name: Ci ing Address: City: E -Mail: of Yakima Planning Departmen 29 North Second Street Yakima.....:::: ;St: Phone 509)575-6183 Check One: #' Owner ❑ Name: ng Address: City: Mail: Agent 4. Subject Property's Assessor's Parcel Number(s): 5. Legal Description of Property. (if lengthy, please attach it on a separate docu N/A n Purchaser Other: Local Government Phone ( 6. Property Address: N/A 7. Property's Existing Zoning: SR ►.1 R-1 ►1 R-2 ►. R-3 13-1 ❑ B-2 ►.1 HB 11' SCC 8. Type Of Application: (Check All ❑ Administrative Adjustment ❑ Type (1) Review ❑ Type (2) Review ❑ Type (3) Review ❑ Preliminary Short Plat ❑ Final Short Plat ❑ Short Plat Amendment ❑ Preliminary Long Plat ❑ Final Long Plat Plat Alteration —Long Plat That Apply) 0 0 LCC CI3D /.1 GC Environmental Checklist (SEPA Review) Right -of -Way Vacation Transportation Concurrency Non -Conforming Use/Structure Appeal to HE / City Council Interpretation by Hearing Examiner Modification Home Occupation Comprehensive Plan Text or Map Amendment Short Plat Exemption: AS N RD 1:1 M-1` M-2 Easement Release Rezone Shoreline Critical Areas Review Variance Temporary Use Permit Overlay District Binding Site Plan Planned Development Other: 'Zoning, Ordinance Amendment PART I — SUPPLEMENT PPLICATION SEPA CHECKLIST 9. Environmental Checklis ea ached orms P T"III CERTIFICATION ion and the required attachments are true and correc best of my knowledge. Date 5-2i_ Date FILE/APPLICATION Revised 08/2015 PU rk CITY OF YAMt, SE OFC E l T ENVIRON NTAL CHEC ST STATE ENVIRONMENTAL POLICY ACT (SEPA) (AS TAKEN FROM WAC I97-11-960) YAKIMA MUNICIPAL CODECHAPTER 6.88 Governmental agencies use this checklist to help determine whether the environmental impacts of your proposal are significant. This information is also helpful to determine if available avoidance, minimization or compensatory mitigation measures will address the probable significant impacts or if an environmental impact statement will be prepared to further analyze the proposal. ............ INSTRUCTIONS FOR PLIC S This environmental checklist asks you to describe some basic information about your proposal. Please answer each question accurately and carefully, to the best of your knowledge. You may need to consult with an agency specialist or private consultant for some questions. You ma use "not a cable" or"does not a"onI when jou can explain wh > it does notal. and not when the answer is unknown, You may also attach or incorporate by reference additional studies reports. Complete and accurate answers to these questions often avoid delays with the SEPA process as well as later in the decision-making process. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help you describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. USE F C ,C T FOR NONPROJECT S S For non -project proposals (such as ordinances, regulations, plans and programs), complete the applicable parts of sections A and B plus the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). Please completely answer all questions that apply and note that the words "project", "applicant", and "property or site" should be read as "proposal," "proponent," and "affected geographic area," respectively. The lead agency may exclude (for non -projects) questions in Part B — Environmental Elements that do not contribute meaningfully to the analysis of the proposal. A BACKGROUN OR TIO p be comp d byte applicant 1. Name Of Proposed Project (If Applicable): City of Yakima Urban Area Zoning Ordinance I-502 Marijuana Amendment. . Applicant's Name & Phone: City of Yakima Planning Department, 509-575-6183. Applicant's Address: 129 North Second Street, Yakima, A 98901. . Contact Person Phone: Jeff Peters at (509) 575-616 . Agency Requesting Checklist: City of Yakima . Proposed Timing Or Schedule (Including Phasing, If Applicable): None . Do you have any plans for future additions, expansion, or further activity related proposal? If yes, explain: Not at this time. 0 or connected with this . List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal: None. Revised 08/2015 Page 14 DOC. INDEX A. BACKGROUND INFORMATION (To be completed by the applicant) 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain: This ordinance has the potential to both limit and permit both state licensed 1-502 marijuana facilities, and proposed marijuana facilities within the City of Yakima city limits. 10. List any government approvals or permits that will be needed for your proposal, if known: SEPA determination, City of Yakima Planning Commission Public Hearing, and City Council Approval. 10. Give a brief, but complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.): This proposal includes an amendment to the City of Yakima's Urban Area Zoning Ordinance adding new land uses and regulations to YMC Ch. 15.04 Table 4-1 Permitted Land Uses, and Ch. 15.09 Special Development Standards relating to 1-502 Marijuana Uses. The draft ordinance more specifically proposes language to: 1. Repeal the City's ban on marijuana uses YMC § 15.01.035,; 2. Adopt the state statutory buffer zones for recreational marijuana uses and neighborhood cooperatives, or as otherwise proposed to be reduced or increased by the Yakima City Planning Commission; 3. Amend YMC 15.04 Table 4-1 Permitted Uses to permit: a. Recreational marijuana producers as a Class (1) Permitted Use in the Light Industrial (M-1), and Heavy Industrial (M- 2) zoning districts; b. Recreational marijuana retailers in the Small Convenience Center (SCC), Large Convenience Center (LCC), Central Business District (CBD), General Commercial (GC), Regional Development (RD) zoning districts, and Airport Service Districts (AS); and c. Prohibit recreational marijuana production, processing or retailing in all other zoning districts; and 4. Amend YMC Ch. 15.09 Special Development Standards to include or make reference to all required definitions, provisions, or regulations provided for in state law, and all other land use or licensing controls/regulations/provisions developed by the City of Yakima Planning Commission. The draft ordinance has been created to provide a framework which encompasses all applicable state laws regarding 1- 502 legislation and uses, and is the starting point for further development of land use controls by the City of Yakima Planning Commission. Revised 08/2015 Page 5 Doc. INDEX 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist: City limits. Revised 08/2015 Page 16 B. ENVIRONMENTAL ELEMENTS (To be completed by the applicant) Earth a. General description of the site (V one): flat ►1 rolling /a hilly steep slopes 11 mountainous other . What is the steepest slope on the site (approximate percent slope)? N/A. c, What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any agricultural land of long-term commercial significance and whether the proposal results in removing any of these soils. See United States Department of Agriculture Soil Conservation Service Soil Survey ofllt County Area Washington. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. See United States Department of Agriculture Soil Conservation Service County Area Washington. oil Su ey ofYakima Describe the purpose, type, total area, and approximate quantities and total affected area of any filling, excavation, and grading proposed. Indicate source of fill. None f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. N/A g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? N/A h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: N/A Air a. What types of emissions to the air would result from the proposal during construction, operation, and maintenance when the project is completed? If any, generally describe and give approximate quantities if known. The proposal is to develop regulations for 1-502 marijuana business and is considered a non - project action which would not produce emissions to the air. However, the draft ordinance upon completion of public comment and review, could be amended to include regulations which limit emission from marijuana producers and processors. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. N/A Revised 08/2015 Space Reserved for Agency Comments Page I 7 DOC. INDEX c. Proposed measures to reduce or control emissions or other impacts to air, if any: 3. Water a. Surface Water B. ENVIRONMENTAL ELEMENTS (To be completed by the applicant) 1. Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. N/A 2. Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. N/A 3, Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. N/A 4. Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No 5, Does the proposal lie within a 100 -year floodplain? If so, note location on the site plan. N/A 6. Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. N/A b. Ground Water Will groundwater be withdrawn from a well for drinking water or other purposes? If so, give a general description of the well, proposed uses and approximate quantities withdrawn from the well. Will water be discharged to groundwater? Give general description, purpose, and approximate quantities if known. N/A 2. Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. N/A Revised 08/2015 Space Reserved for Agency Comments Page 18 DOC, INDEX c. Water Runoff (including stormwater) B. ENV*1140NMEr4ITAL ELEMENTS (To eompleteti by the applicant Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. N/A 2, Could waste materials enter ground or surface waters? If so, generally describe. N/A 3. Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? If so, describe. N/A d. Proposed measures to reduce or control surface, ground, and runoff water, and drainage pattern impacts, if any: N/A 4. Plants a. Check (V) types of vegetation found on the site: Deciduous Tree: Evergreen Green: Wet Soil Plants: Water Plants: Q Alder Fir Shrubs Cattail Milfoil 114 Maple Cedar Grass Buttercup Eelgrass Other types of vegetation Aspen Pine Pasture Bullrush Water Lily Crop Or Grain Skunk Cabbage . What kind and amount of vegetation will be removed or altered? None 4 Other Other Orchards, vineyards, or other permanent crops Other Other c. List threatened or endangered species known to be on or near the site. There are minor amounts of threatened or endangered species known to live in or around the city limits of Yakima, however this proposal does not involve any change to the land or habitat, and is considered non -project. . Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: N/A e. List all noxious weeds and invasive species known to be on or near the site. N/A S. Animals Revised 08/2015 Space Reserved for Agency Comments Page 9 DOC. INDEX a. List any birds or other animals which have been observed on or near the site or are known to be on or near the site. Examples include: birds: hawk, heron, eagle, songbird, other: mammals: deer, hear, elk, beaver, other: fish: bass, salmon, trout, herring, shellfish, other N/A b. List any threatened or endangered species known to be on or near the site. There are minor amounts of threatened or endangered species know to live in or around the city limits of Yakima, however this proposal does not involve any change to the land or habitat, and is considered non -project. B. EN C./NMENTAL ELEMENTS To be completed by the applicant) c. Is the site part of a migration route? If so, explain. Migratory birds may utilize property within the City limits; however this proposal does not involve any change to the land or habitat, and is considered non -project. d. Proposed measures to preserve or enhance wildlife, if any: N/A e. List any invasive animal species known to be on or near the site. N/A 6. Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. This proposal is to develop regulations for 1-502 marijuana business and is considered a non - project action. However, the draft ordinance upon completion of public comment and review, could be amended to include regulations which limit or permit various forms of energy consumption for 1-502 producers and processors. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. N/A c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: This proposal is to develop regulations for 1-502 marijuana business and is considered a non - project action. However, the draft ordinance upon completion of public comment and review, could be amended to include regulations which require energy conservation for 1-502 producers and processors. 7. Envircintilental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste that could occur as a result of this proposal? If so, describe. This proposal is to develop regulations for [-502 marijuana business and is considered a non - project action. The draft ordinance upon completion of public comment and review may contain regulations which address environmental health hazards as identified above. Describe any known or possible contamination at the site from present or past uses. N/A Revised 08/2015 Page Space Reserved for Agency Comments 10 DOC. INDEX 2. Describe existing hazardous chemicals/conditions that might affect project development and design. This includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity. N/A 3. Describe any toxic or hazardous chemicals that might be stored, used, or produced during the project's development or construction, or at any time during the operating life of the project. N/A 4. Describe special emergency services that might be required. N/A 5. Proposed measures to reduce or control environmental health hazards, if any: N/A b. Noise What types of noise exist in the area, which may affect your project (for example: traffic, equipment, operation, other)? N/A B. ENVIRON/VLENTAL ELEMENTS (To be completed by the applicant) Space Reserved for Agency Crsittnietits 2. What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. This proposal is a non -project action. 3. Proposed measures to reduce or control noise impacts, if any: N/A 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? Will the proposal affect current land uses on nearby or adjacent properties? If so, describe. N/A b. Has the project site been used as working farmlands or working forest lands? If so, describe. How much agricultural or forest land of long-term commercial significance will be converted to other uses as a result of the proposal, if any? If resource lands have not been designated, how many acres in farmland or forest land tax status will be converted to nonfarm or nonforest use? N/A I. Will the proposal affect or be affected by surrounding working farm or forest land normal business operations, such as oversize equipment access, the application of pesticides, tilling, and harvesting? If so, how: N/A Revised 08/2015 Page 11 Doc. INDEX c. Describe any structures on the site. N/A d. Will any structures be demolished? If so, what? N/A e. What is the current zoning classification of the site? N/A What is the current comprehensive plan designation of the site? N/A g. If applicable, what is the current shoreline master program designation of the site? N/A h. Has any part of the site been classified as a critical area by the city or county? If so, specify. N/A Approximately how many people would reside or work in the completed project? N/A j. Approximately how many people would the completed project displace? N/A B. ENVIRONMENTAL ELEMENTS (To be completed by the applicant) space Reserved for Agency Comments k. Proposed measures to avoid or reduce displacement impacts, if any. N/A 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The City's 1-502 Marijuana regulations are intended to comply with state law and address any additional environmental impacts that may result from permitting the uses within the identified zoning districts. m. Proposed measures to ensure the proposal is compatible with nearby agricultural and forest lands of long-term commercial significance, if any: The City's 1-502 Marijuana regulations are intended to comply with state law and address any additional environmental impacts that may result from permitting the uses within the identified zoning districts. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. N/A Revised 08/2015 Page 112 DOC. INDEX b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. N/A c. Proposed measures to reduce or control housing impacts, if any: N/A 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? N/A b. What views in the immediate vicinity would be altered or obstructed? N/A c. Proposed measures to reduce or control aesthetic impacts, if any: The City's draft 1-502 marijuana regulations may include provisions to ensure that uses are compatible with their surroundings in terms of aesthetic impacts. 11, Light and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? N/A b. Could light or glare from the finished project be a safety hazard or interfere with views? N/A c. What existing off-site sources of light or glare may affect your proposal? N/A d. Proposed measures to reduce or control light and glare impacts, if any: N/A 12. Recreation B.ENVLRONMENTAL ELEMENTS (To be completed by the applicant) a. What designated and informal recreational opportunities are in the immediate vicinity? N/A . Would the proposed project displace any existing recreational uses? If so, describe. N/A c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: N/A 13. Historic and Cultural Preservation a. Are there any buildings, structures, or sites, located on or near the site that are over 45 years old listed in or eligible for listing in national, state, or local preservation registers located on or near the site? If so, specifically describe. N/A Revised 08/2015 Space Reserved for Agency Comments Page 13 DOC. 1NDEx b. Are there any landmarks, features, or other evidence of Indian or historic use or occupation? This may include human burials or old cemeteries. Are there any material evidence, artifacts, or areas of cultural importance on or near the site? Please list any professional studies conducted at the site to identify such resources. N/A c. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance to resources. Please include plans for the above and any permits that may be required. N/A 14. Transportation a. Identify public streets and highways serving the site or affected geographic area and describe proposed access to the existing street system. Show on site plans, if any. N/A b. Is the site or affected geographic area currently served by public transit? If so, generally describe. If not, what is the approximate distance to the nearest transit stop? N/A c. How many parking spaces would the completed project or non -project proposal have? How many would the project or proposal eliminate? N/A . Will the proposal require any new or improvements to existing roads, streets, pedestrian bicycle or state transportation facilities, not including driveways? If so, generally describe (indicate whether public or private). N/A e. Will the project or proposal use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. N/A B. ENVIRONIVIENTA1, ELEMENTS (To be completed by the tti)plicatit) How many vehicular trips per day would be generated by the completed project or proposal? If known, indicate when peak volumes would occur and what percentage of the volume would be trucks (such as commercial and non -passenger vehicles). What data or transportation models were used to make these estimates? N/A g. Will the proposal interfere with, affect or be affected by the movement of agricultural and forest products on roads or streets in the area? If so, generally describe: N/A Revised 08/2015 Space Reserved for Agency Comments Page 114 DOC. NDEX. . Proposed measures to reduce or control transportation impacts, if any: N/A 15. Public Services a. Would the project result in an increased need for public services (for example: fire protection, police protection, public transit, health care, schools, other)? If so, generally describe: N/A b. Proposed measures to reduce or control direct impacts on public services, if any. N/A 16. Utilities a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other N/A b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. N/A C. SIGNATURE (To be completed by the applicant.) The above answers are true and complete to the best of my knowledge. 1 understand that the lead agency is relying on them to make its decision. 1, goer t fawner or Agent Signature efC-C Pe4ers Name of Signee 5/27 HO Date Submitted erly,-.S;r4 Pidhrice yetkiillea Position and Agency/Organization PLEASE COMPLETE SECTION "D" ON THE NEXT PAGE IF THERE IS NO PROJECT RELATED TO IS ENVIRONMENTAL REVIEW Revised 08/2015 Page D. SUPPLEMENTAL SIIEET FOR NOIN4PROJECT ACTIONS (To be completed by the applicant.) (IT IS NOT NECESSARY to use this sheet for project actions) Space Reserved For Agency Comments Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities that would likely result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms, How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? The proposed 1-502 marijuana regulations at present do not affect how land uses discharge to water, emissions to the air, storage, or release of toxic or hazardous substances, or the production of noise. However, as it is know that marijuana producer and processing facilities both produce discharge of process water, and emissions to the air, additional restriction and land use controls are likely to be developed. Proposed measures to avoid or reduce such increases are: Proposed measures to reduce the above effects of marijuana producers and processors on the environment will likely be developed based upon the input from SEPA agencies during the public comment period. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? The proposed zoning changes will not affect plants, animals, fish, or marine life as all the proposed changes will not change any existing environmental regulations. Proposed measures to protect or conserve plants, animals, fish, or marine life are: As the proposal will not affect any of the above animal life, no measures to protect or conserve plant and animal life have been proposed. How would the proposal be likely to deplete energy or natural resources? The proposed zoning amendments do not involve regulations dealing with energy or natural resources. Proposed measures to protect or conserve energy and natural resources are: None proposed. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? The proposed zoning amendments do not propose any change to regulations for environmentally sensitive areas or areas designated for governmental protection. Proposed measures to protect such resources or to avoid or reduce impacts are: None proposed. . How would the proposal be likely to affect land and shoreline use, including whether i would allow or encourage land or shoreline uses incompatible with existing plans? The proposed zoning amendments do not propose any change to regulations for shoreline uses. Proposed measures to avoid or reduce shoreline and land use impacts are: None proposed. How would the proposal be likely to increase demands on transportation or public services and utilities? The proposed zoning amendments do not propose any change to regulations for public transportation, and upon completion of environmental review contain additional regulation for marijuana producers and processors to discharge to the City's Industrial Waste Line may be formulated. Revised 08/2015 Page 16 DOC. INDEX D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (To be completed by the applicant) (CT IS NOT NECESSARY to use this sheet for project actions) Proposed measures to reduce or respond to such demand(s) are: None proposed. 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. The proposed zoning amendments will not conflict with any local or state laws, or requirements for the protection of the environment, and have been drafted to contain all provisions and restrictions of state law regarding 1-502 marijuana uses. Any additions or subtractions from the draft ordinance will likewise conform to state law. Marijuana continues to be listed as an illegal substance under the federal substance control act, however, the USDOJ, in letter form, indicated that the federal government would respect the determination of the citizens of Washington to legalize marijuana for recreational purposes (under most circumstances). Revised 08/2015 Space Reserved For Agency Comments Page I 17 DOC. CITY'' PLANNING — I-502 MARIJUANA REGULATION SEPA#013-16 EXHIBIT LIST CHAPTER E Public & Agency Comments E-2 E-4 E-5 E-6 E-8 E-9 E-10 E-11 E-12 E43 Comments Hasan t, Yakima Regmna A:enc earl Air Comments from Department of Commerce 05/3/20 6 05/31/2016 06/02/2016 06/0 /2016 06/09/2016 06/ 1 0/2016 06/10/2016 06/14/2016 06 4/2016 Comments Department of Commerce x xb Sub fitted at 06/16/1.6 YPC Hearing: Stabs i rovided b Susan Martin xbibit Submitted at 06/1.6/ .6 YPC Hearing: Comments from Carmen Mendez 06/16/2016 Peters, Jeff From: Carmen Mendez <carmen@yakinna.org> Sent: Thursday, June 16, 2016 4:54 PM To: Peters, Jeff Subject: Public Comments for Yakima Planning Commision. As Executive Director of SAFE Yakima Valley I am writing to urge the planning commission to take more time to review credible independent research and solicit public input before recommending zoning regulations to the City Council on I 502. Whatever was responsible for the poor turn out of just 5 people at your previous study sessions --your input has been too limited on an issues that is too important to decide without more careful, sober review. The city council meeting on May 17, 2016 heard testimony from 26 people. I am requesting that the Planning Commission review the YPAC video tape of that testimony ( available here http://205.172.45.10/Cablecast/Public/Show.aspx?ChannelID--=2&ShowID=7442) so you have the fullest picture of how this issue is viewed by those who support and those who oppose the ban. I believe your review of this testimony will allow you to better assess the detrimental impacts of these proposed businesses and better judge the merits of arguments and data on both sides. Also inserted below is a list of those who spoke, a time code for locating their specific testimony, their affiliation and position on the subject. These 26 voices I believe will add enormously valuable input to your deliberations. When you have finished your review I believe you will discover following: • Nearly a supemiajority of Yakima and Yakima County voted against 502 (58%). • The majority of those present at the May 17th council meeting (15/26) opposed lifting the ban because of its detrimental impact. • Proponents of the ban come from a broad cross section of the community including neighbors, business owners, school leaders, child welfare professionals, parents and offered credible evidence on the ill effects based on independent research and professional and personal experience. • Opponents to the ban were nearly all either employed in the industry (9/11), parents of those employed in the industry (2/11) or no stated name or affiliation (1/11). There was not a single business or organization from outside the Marijuana industry that spoke on behalf of lifting the ban. • Claims by opponents of the ban that "youth use of marijuana has not increased", "there has been a 98% reduction of illegal marijuana arrests" and " a 63% statewide reduction in crime" all since the passage of 1502 were either silly or not supported by the facts. • By their own omission many of the ban opponents were offering their testimony while under the influence marijuana, which provided valuable chance to witness first time the potential impact of increased use of this substance at homed, school or in the workplace. Again, please take the time to get this right --please postpone deliberations and reopen your study session to better consider the impact this will have on our community. When you recommend regulations I hope it will be as restrictive and conservative as possible. List of those who spoke, their position and the time code of their testimony. Submitted: Yfc Hearo- 61110/147 DOC. INDEX May 17, 2016 City k_:ouncil Time Name 32:17:00 Kunkler 35:16:00 Adam Markus 38:16:00 40:38:00 43:40:00 48:21:00 51:44:00 58:50:00 1:04:29 1:08:52 1:13:56 1:19:47 1:22:48 1:27:15 1:32:29 1:41:38 1:43:40 1:58:15 2:02:26 2:06:52 2:10:26 2:12:51 2:16:15 2:19:56 2:26:27 2:32:48 Ashley Placant(?) Ken Pisser Dave Ettle Mark Hummel Bob Whitncy Walt Ranta Patti Nagle Eric Larson Marco and Crystal Compos John Lang John Bruluant Jedahi Hayne Steve Frank Lenet Whitney Glenn Kefield Anna Marie Default Tim Hill Rosemary Copeland Juan Rodriguez Jan Lowell Kyle Webster Ken Marbel Randal Parker Carmen Mendez Executive Director Safe Yakima Valley 509.248.2021 x:112 C cns akima.or Reside Moxee New Yakima Yakima Yakima Yakima Yakima Yakima Yakima Yakima Yakima -new Tuckwilla Seattle Yakima Yakima Selah Moxee Yakima Yakima Yakima Yakima Yakima Yakima Yakima 2 Title Affiliation City Staff Owns two MJ stores in Union Gap Works a MJ store Works in industry Former School Principal Volunteer Madison House Former teacher Child Protective Services Has worked in Drug treatment Parents Parent Works in industry Works in industry NW HIDTA Parent Community Prevention Parent Community Member Parent of workers Works in industry HDI Parent/Worked in drug treatment DOC. INDEX 11 Repeal ban 1 1 1 1 1 a p Smart Approaches to Marijuana oject of the policy solutions lab Marijuana Legalization Issues Top 10 Messages Against Legalization I. Marijuana legalization will usher in America's new version of "Big Tobacco." • Already, private holding groups and financiers have raised millions of start-up dollars to promote businesses that will sell marijuana and marijuana -related merchandise. • Cannabis food and candy is being marketed to children and are already responsible for a growing number of marijuana -related ER visits.' Edibles with names such as "Ring Pots" and "Pot Tarts" are inspired by common children candy and dessert products such as "Ring Pops" and "Pop Tarts." • Several, profitable vending machines containing products such as marijuana brownies are emerging throughout the country.' • The former head of Strategy for Microsoft has said that he wants to "mint more millionaires than Microsoft" with marijuana and that he wants to create the "Starbucks of marijuana."3 2. Marijuana use will increase under legalization • Because they are accessible and available, our legal drugs are used far more than our illegal ones. According to recent surveys, alcohol use is used by 52% of Americans and tobacco is used by 27% of Americans. Marijuana is used by 8% of Americans.4 • When RAND researchers analyzed California's 2010 effort to legalize marijuana, they concluded that the price of the drug could plummet and therefore marijuana consumption could increase.5 3. Marijuana is especially harmful to kids and adolescents. • Marijuana contributes to psychosis and schizophrenia6, addiction for 1 in 6 kids who ever use it once', and it reduces IQ among those who started smoking before age 18.8 • According to data from the 2012 National Survey of American Attitudes on Substance Abuse, alcohol and cigarettes were the most readily accessible substances for youth 12 to 17, with 50% and 44%, respectively, reporting that they could obtain them within a day. Youth were least likely to report that they could get marijuana within a day (31%); 45% report that they would be unable to get marijuana at al1.9 4. Today's marijuana is NOT your Woodstock weed. • In the 1960s and '70s, THC levels of the marijuana smoked by baby boomers averaged around 1%, increasing to just under 4% in 1983, and almost tripling in the subsequent 30 years to around 11% in 2011.10 Adapted from "Reefer Sanity: Seven Great Myths About Marijuana" by Dr. Kevin A. Sabet (Beaufort Books, 2013) Submitted: ill(//o ..YPC Heak-wg DOC. NDX E- 5. Marijuana legalization will increase public costs. • For every $1 in alcohol and tobacco tax revenues, society loses $10 in social costs, from accidents to health damagen. The Lottery and other forms of gambling have not solved our budget problems, either. • Few people are currently in prison for marijuana possession (in fact, only 0.1% of prisoners with no prior offenses') and current alcohol arrest rates are over three times higher than marijuana arrest rates." 6. People are not in prison for small time marijuana use. • Statistics on state -level prisoners reveal that 0.3% of all state inmates were behind bars for marijuana possession only (with many of them pleading down from more scrious crimes)." • 99.8% of federal prisoners sentenced for drug offenses were incarcerated for drug trafficking.15 • The risk of arrest for each joint smoked is 1 in 12,000.16 7. Drug cartels and the black market will continue to function under legalization. • A recent RAND report showed that Mexican drug trafficking groups only received a minority of their revenue (15-25%) from marijuana. For them, the big money is found in illegal trade such as human trafficking, kidnapping, extortion, piracy, and other illicit drugs!' • And we know from mining and other industries that illegal actors have a lot to do with so called legal industries. These cartels will only be helped with legalization and more addiction, not hurt. 8. Neithcr Portugal nor I lolland provides any successful example of legalization. • Independent research reveals that in the Netherlands, where marijuana was commercialized and sold openly at "coffee shops," marijuana use among young adults increased almost 300"/0.18 Now, the Dutch are retreated from their loose policies. There are signs that tolerance for marijuana in the Netherlands is receding. They have recently closed hundreds of coffee shops, and today Dutch citizens have a higher likelihood of being admitted to treatment than nearly all other countries in Europe. 19 • In Portugal, use levels are mixed, and despite reports to the contrary, they have not legalized drugs. In 2001, Portugal started to refer drug uscrs to three person "panels of social workers" that recommend treatment or another course of action. As the European Monitoring Center's findings concluded: "the country does not show specific developments in its drug situation that would clearly distinguish it from other European countries that have a different policy."2° 9. Marijuana has medicinal properties, but we shouldn't smoke the plant in order to derive those benefits, just like we do not smoke opium to get the benefits of morphine. • In states with medical marijuana laws, the average user is a male in his 30s with no terminal illness and a history of drug abuse.21 • Less than 2% of users have cancer or AIDS.22 • Residents of states with medical marijuana laws have abuse and dependence rates almost twice as high as states with no such laws.23 • Research should be conducted to produce pharmacy -attainable, non -smoked medications based on marijuana. 10. Experience from Colorado is not promising, • Two independent reports released in August 2013 document how Colorado's supposedly regulated system is not well regulated at al1.24 • Teen use has increased in the past five years. Currently, the marijuana use rate among Colorado teens is 50% above the national average.25 • Drug-related referrals for high school students testing positive for marijuana has increased.26 • Medical marijuana is easily diverted to youth.27 • While the total number of car crashes declined from 2007 to 2011, the number of fatal car crashes with drivers testing positive for marijuana rose sharply.28 Alfacc, I. (2013, May 27), Children Poisoned by Candy -looking Marijuana Products. Nature World News. Retrieved from littps://in.v1,cmtlish. urdoc.edulowlkesource/560/10/; Jaslow, R. (2013, 28 May). 1,axer marijuana laws linkcd to increase in kids' accidental poisonings CBS News. Retrieved from http://www.cbsnews.com/8301-204_162- 57586408/1axer-marijuana-laws-linked-to-increase-in-kids-accidental-poisonings/ 2 Galley, B. (2013, May 9). Medbox: Dawn of the Marijuana Vending Machine, Bloomberg Businessweek. Retrieved from http://www.businessweek.com/artieles/2013-05-09/medbox-dawn-of-the-marijuana-vending-machine Ex -Microsoft exec plans 'Starbucks' of marijuana. (2013, May 31). United Press International. Retrieved from http://www.upi.com/Top_News/US/20 13/05/31/VIDEO-Ex-Microsoft-exec-plans-Starbucks-of-marijuana/UPI- 41161369985400/ NSDIJII, Summary of National Findings, 2012. Retrieved from http://www.samhsa.gov/data/NSDU11/2012SummNatFindDetTables/NationalEindings/NSDUHresults2012.pdf 5 Kilmer, B., Caulkins, J.P., Pacula, R.L., MacCoun, R.J., & Reuter, P.H. Altered State? Assessing How Marijuana Legalization in California Could Influence Marijuana Consumption and Public Budgets. Santa Monica, CA: RAND Corporation, 2010. hup:/(www.raiid.org/puIJs/occasionaI papers/0 P3 15 6 Andreasson S. et al. (1987). Cannabis and Schizophrenia: A longitudinal study of Swedish conscripts. Lancet, 2(8574). ' Anthony, J.C., Warner, L.A., & Kessler, R.C. (1994). Comparative epidemiology of dependence on tobacco, alcohol, controlled substances, and inhalants: Basic findings from thc National Comorbidity Survey. Experiential and Clinical Psychopharmacology, 2. 8 Meier, M.H. (2012), Persistent cannabis users show neuropsychological decline from childhood to midlifc. Proceedings of the National Academy of Sciences. Adapted by CESAR from The National Center on Addiction and Substance Abuse at Columbia University (CASA), National Survey of American Attitudes on Substance Abuse XVII: Teens, 2012. Retrieved from hit p://w w w.casaco lumbia.org/opload/2012/20120822teensury cy.pdf I° Mehmedic, Z., et al. (2010). Potency Trends of D9 -THC and Other Cannabinoids in Confiscated Cannabis Preparations from 1993 to 2008. The Journal of Forensic Sciences, 55(5). 1' Updating estimates of thc economic costs of alcohol abuse in thc United States: Estimates, update methods, and data. Report prepared for thc National Institute on Alcohol Abuse and Alcoholism. Retrieved from http://pubs.niaaa.nih.govipublicationsfeconomic-2000/; Urban Institute and Brookings Institution (2012, October 15). State and local alcoholic beverage tax revenue, selected years 1977-2010. Tax Policy Center. Retrieved from http://www.taxpolicycenter.org/taxfacts/ displayafact.cfm?Docid=399; Saul, S. (2008, August 30). Government gets DOC. INDEX E hooked on tobacco tax billions. The New York Times. Retrieved from http://www.nytimes.com/2008/08/31/weekinreview/3lsaul. html?cm&_r=0; for Federal estimates, see Urban Institute and Brookings institution (2012, October 15). Stale and local tobacco tax revenue, selected years 1977-2010. Tax Policy Center. Retrieved from http://www. taxpolicycenter.org/taxfacts/displayafact.cfm?Docid=403; Campaign for Tobacco -Free Kids (n.d.). Toll of tobacco in the United States of America. Retrieved from http://www.tobaccufreekids.org/research/factsh 12 Bureau ofJustice Statistics. (2004). Data collection: Survey of inmates in state correctional facilities (SISCF). Retrieved from http:// www.bjs.gov/index.cfm?ty=dcdetail&iid=275 13 Federal Bureau. of Investigation. (2011). Persons arrested. Retrieved from http://www.tbi.gov/about- us/cjis/ucr/crime-in-the-u.s/2011/crime-in-the-u.s.-2011/persons-arrested. 14 Bureau ofJustice Statistics. (2004). Data collection: Survey of inmates in state correctional facilities (SISCF). Retrieved from http:// www.bjs.gov/index.cfm?ty=dcdetail&iid=275 15 Ibid. 1(' Kilmer, B., et at. "Altered State'? Assessing How [Marijuana Legalization in California Could lntluence Marijuana Consumption and Public Budgets". Santa Monica, CA: RAND Corporation, 2010. http:!/wwvv.rand.org/puhs/occasional_papers/01'315 17 Kilmer, B, Caulkins, J.P, Bond, B.M. & Reuter, P.H. `Reducing Drug Trafficking Revenues and Violence in Mexico: Would Legalizing Marijuana in California Help?" Santa Monica, CA: RAND Corporation, 2010. http://www.rand.org/pubs/occasional papers/OP325. 18 MacCoun, R. & Reuter, P. (2001). Evaluating Alternate Cannabis Regimes. The British Journal of Psychiatry, 178. 19 MacCoun, R. (2010). What can we learn from the Dutch Cannabis Coffeeshop experience? RAND ©rug Policy Research Center. Retrieved from http://www.rand.org/content/dam/rand/pubs/working_papers/20 t O/RAN D_W R768.pd f 20 European Monitoring Center for Drugs and Drug and Addiction. (2011). Drug Policy Profiles -Portugal. Retrieved from http://www.emcdda.europa.eu/publications/drug---policyprofiles/portugal 21 O'Connell, T.J. & Bou-Matar, C.B. (2007). Long term marijuana users seeking medical cannabis in California (2001-2007): demographics, social characteristics, patterns of cannabis and other drug use of 4117 applicants. Harm Reduction Journal, 4(16). 7° Colorado Department of Public Health and Environment. (2011) s3 Cerda, M., et al. (2012). Medical marijuana laws in 50 states: investigating the relationship between state legalization of medical marijuana and marijuana use, abuse and dependence. Drug & Alcohol Dependence, 120(1-3). 24 Colorado Office of the State Auditor. (2013). & City of Denver Office of the Auditor. (2013). 25 NSDUH, Summary of National Findings, 2012. Retrieved from http://www.samhsa.gov/data/NSDUH/2012SummNatFindDetTables/NationalFindings/NSDU Hresults2012.pdf 26 Rocky Mountain HIDTA. (2013). Legalization of Marijuana in Colorado: The Impact. Retrieved from http://www.rmhidta.org/html/FINAL%20Legalization%20ot"/°20M.1%20in%20Colorado%20The%201mpact.pdf 27 Salomonsen-Sautcl, S., et al. (2012). Medical marijuana use among adolescents in substance abuse treatment. Journal of American Academic: Child & Adolescent Psychiatry, 51(7). 29 Rocky Mountain HIDTA. (2013). Legalization of Marijuana in Colorado: The Impact. Retrieved from http://www.rmhidta.org/html/FINAL%20Legalization%20o1%20MJ%20in%20Colorado%20The%20Impact.pdf DOC. !NDEX E-\3 medications based on marijuana. 10. Expericnce from Colorado is not promising. • Two independent reports released in August 2013 document how Colorado's supposedly regulated system is not well regulated at alt.24 • Teen use has increased in the past five years. Currently, the marijuana use rate among Colorado teens is 50% above the national average.25 • Drug-related referrals for high school students testing positive for marijuana has increased.26 • Medical marijuana is easily diverted to youth.27 • While the total number of car crashes declined from 2007 to 201 1, the number of fatal car crashes with drivers testing positive for marijuana rose sharply.28 Alface, I. (2013, May 27), Children Poisoned by Candy -looking, Marijuana Products. Nature World News. Retrieved from htips://owLenglish.purdue.etlitiowliresource/5601101; Jaslow, R. (2013, 28 May). Laxer marijuana laws linked to increase in kids' accidental poisonings CBS News. Retrieved from http://www.cbsnews.com/8301-204_162- 57586408/1axer-marijuana-laws-linked-to-increase-in-kids-accidental-poisonings/ 2 Gruley, B. (2013, May 9). Medbox: Dawn of the Marijuana Vending Machine, Bloomberg Businessweek. Retrieved from http://www.businessweek.com/articles/2013-05-09/medbox-dawn-of-the-marijuana-vending-machine 3 Ex -Microsoft exec plans 'Starbucks' of marijuana. (2013, May 31). United Press International. Retrieved from http://www.upi.com/Top_News/US/2013/05/31/VIDEO-Ex-Microsoft-exec-plans-Starbucks-of-marijuana/UP1- 41161369985400/ 4 NSDUH, Summary of National Findings, 2012. Retrieved from http://www.samhsa.gov/data/N SDUH/2012SummN atFindDetTables/N ationalFindings/NSDU I Iresults2012.pd f 5 Kilmer, B., Caulkins, J.P., Pacula, R.L., MacCoun, R.J., & Reuter, P.H. Altered State? Assessing How Marijuana Legalization in California Could Influence Marijuana Consumption and Public Budgets. Santa Monica, CA: RAND Corporation, 2010. http://www.rand.org/pubs/occasionalpapers/0P3 15 6 Andreasson S, et al. (1987). Cannabis and Schizophrenia: A longitudinal study of Swedish conscripts. Lancet, 2(8574). "Anthony, J.C., Warner, L.A., & Kessler, R.C. (1994). Comparative epidemiology of dependence On tobacco, alcohol, controlled substances, and inhalants: Basic findings from the National Comorbidity Survey. Experiential and Clinical Psychopharmacology, 2. 8 Meier, M.H. (2012). Persistent cannabis users show neuropsychological decline from childhood to midlife. Proceedings of the National Academy of Sciences. 9 Adapted by CESAR from The National Center on Addiction and Substance Abuse at Columbia University (CASA), National Survey of American Attitudes on Substance Abuse XVII: Teens, 2012. Retrieved from hitp://vww.casaclunihii.org/upIoad/20 I 2/20120822teensurvey.pdf I° Mehmedic, Z., et al. (2010). Potency Trends of D9-TIIC and Other Cannabinoids in Confiscated Cannabis Preparations from 1993 to 2008. The Journal of Forensic Sciences, 55(5). Updating estimates of the economic costs of alcohol abuse in the United States: Estimates, update methods, and data. Report prepared for the National Institute on Alcohol Abuse and Alcoholism. Retrieved from http://pubs.niaaa.nih.gov/publications/economic-2000/; Urban Institute and Brookings Institution (2012, October 15). State and local alcoholic beverage tax revenue, selected years 1977-2010. Mx Policy Center. Retrieved from http://www.taxpolicycenter.org/taxfacts/ displayafact.cfm?Docid=399; Saul, S. (2008, August 30). Government gets DOC. INDEX # E-- hooked on tobacco tax billions. The New York Tinter. Retrieved from http://www.nytimes.com/2008/O8/31/weekinreview/31saul. html?em&_r-0; for Federal estimates, see Urban Institute and Brookings Institution (2012, October 15). State and local tobacco tax revenue, selected years 1977-2010. Tax Policy Center. Retrieved from http://www. taxpolicycenter.org/taxfacts/displayafact.cfm?Docid=403; Campaign for Tobacco -Free Kids (n.d.). Toll of tobacco in the United States of America. Retrieved from http://www.tobaccofreekids.org/research/factsh 12 Bureau of Justice Statistics. (2004). Data collection: Survey of inmates in state correctional facilities (SISCF). Retrieved from http:// www.bjs.gov/index.cfm?ty=dcdetail&iid=275 " Federal Bureau of Investigation. (2011). Persons arrested. Retrieved from http://www.fbi.gov/about- us/cj is/ucr/crime-in-the-u.s/2011/crime-in-the-u.s.-2011 /persons -arrested. 14 Bureau of Justice Statistics. (2004). Data collection: Survey of inmates in state correctional facilities (SISCF). Retrieved from http:// www.bjs.gov/index.cfm?ty=dcdetail&iid=275 15 Ibid. 16 Kilmer, 13., ct al. "Altered State? Assessing How Marijuana Legalization in California Could Influence Marijuana Consumption and Public Budgets". Santa Monica, CA: RAND Corporation, 2010. http://wwty.rand.org/pubs/occasional papers/U1'3I5 17 Kilmer, 13, Caulkins, J.P, Bond, B.M. & Reuter, P.H. "Reducing Drug Trafficking Revenues and Violence in Mexico: Would Legalizing Marijuana in California Help?" Santa Monica, CA: RAND Corporation, 2010. h ttp://www.land.orglpubs/occasional_papers/0 P325. 18 MacCoun, R. & Reuter, P. (2001). Evaluating Alternate Cannabis Regimes. The British Journal of Psychiatry, 178. 19 MacCoun, R. (2010). What can we learn from the Dutch Cannabis Coffeeshop experience? RAND Drug Policy Research Center. Retrieved from http://www.rand.org/content/dam/rand/pubs/working_papers/2010/RAN DW R768.pd f 20 European Monitoring Center for Drugs and Drug and Addiction. (2011). Drug Policy Profiles -Portugal. Retrieved from http://www.emcdda.europa.eu/publications/drug---policyprotiles/portugal 21 O'Connell, T.J. & Bou-Matar, C.B. (2007). Long term marijuana users seeking medical cannabis in California (2001-2007): demographics, social characteristics, patterns of cannabis and other drug use of 4117 applicants. Ilarm Reduction Journal, 4(16). 22 Colorado Department of Public Health and Environment. (2011) 33 Cerda, M., et al. (2012). Medical marijuana laws in 50 states: Investigating the relationship between state legalization of medical marijuana and marijuana use, abuse and dependence. Drug & Alcohol Dependence, 120(1-3). Z4 Colorado Office of the State Auditor. (2013). & City of Denver Office of the Auditor. (2013). 25 NSDUH, Summary of National Findings, 2012. Retrieved from http:/Iwww.samhsa.gov/data/NSDUH/2012 SummNatFindDetTables/NationalF'indings/N SDUHresults2012.pdf 26 Rocky Mountain IIIDTA. (2013). Legalization of Marijuana in Colorado: The Impact. Retrieved from http://www.rrnh dta.org/htmlfF1NAL%20Legalization"/ 20of"/°20MJ%20in%2(Colorado%20T(re%20hnpact.pdf 27 Salontonscn-Sautcl, S., et al. (2012). Medical marijuana use among adolescents in substance abuse treatment. Journal of American Academic Child & Adolescent Psychiatry, 51(7). 28 Rocky Mountain HIDTA. (2013). Legalization of Marijuana in Colorado: "The Impact. Retrieved from http a/www.rmhidta.org/html/FINAL%20Legal ization%20ot%20MJ"/020in"/"20Colorado%20The%20lmpact.pdf DOC. INDEX �E-�3 3�yn1nA n s� to healthy Youth Survey Fdct Sheet 44 Marijuana Use for Yakima School District, page 1 of 2 �' Yout1'4' Year: 2014 Grade: 10 Gender: Both Number of Students Surveyed: 750 Background: • Marijuana is addictive. Most teens who enter drug treatment programs report marijuana is the main drug they use. • When teens use marijuana, anxiety and depression can get worse. • Teens who use marijuana can have problems with learning and memory and are more likely to fail in school For More Information: • Parents, schools, and communities can work together to keep youth healthy and safe. • For prevention tips and to connect with a prevention coalition in your area, visit www. StartTalkingNow.org. • For free printed guides on preventing alcohol and other drug use, visit the ADAI Clearinghouse adaiclearinghouse.org or call (206) 221-8325. • For 24 hour help for mental health, substance use and problem gambling, call 1-866-789-1511 or visit www.waRecoveryHelpLine.org. % of Students 80% 70% 60% 60% _ 50% 40% - 30% 20% 10% 0% % of Students Attitudes about Marijuana Use Marijuana Use and Perception of Harm Trends Grade 10, 2014 Grade 10 64% 41% 25% 35% Easy to get No/low risk No/low risk Adults don't Friends don't of harm of harm from think it's think its trying 1-2 reg use** wrong wrong times In 2014, 41% of 10th graders in our school district thought there was little or no risk of using marijuana regularly. 80- 70 - 60 - 50 - 40 - 30 - 20 _ 10 Current(past 30 -day) Marijuana Use Compared to the State, All Grades, 2014 6th Local ■ State ri 8th 10th 12th Prevalence bth 8th- 10th f�ttL J Local 3% t1• 17%±3* 26%±3* 32%±4* State 1%t0 7%±1 18%±2 27%±2 % of Students % of Students with lower grades �- Current (past 30 -day) marijuana use — No/low risk from trying 1-2 times t No/low risk from regular use 80%. 70% . 60% - 50% - 40% - 30% - 20% - 10% - 0% - I I 1 1 2004 2006 2008 2010 2012 2014 Pcaxate+fo" xooa zoos. xous � azo.; i. 2O1 Current (past 30 -clay) marijuana 19% ±3 23% ±3 21% ±3 : 27% ±3* 28% ±4 26% ±3 use No/low risk from trying 1-2 times No/low risk from regular use** 46% ±6 540/0 ±5* : 45% ±5* 55% ±5* 57% ±6 64% ±5 18%±4 17%±4 25%±4* 29%±5 35%±6 41%±5 **"Smoked" marijuana regularly was changed to "Use" regularly in 2014. This may mark a break in the trend. Statewide Relationship between Lower Grades and Current (past 30 -day) Marijuana Use Grade 10, 2014 80% - 70% _ 60% - 50% - 40% - 30% _ 20% _ 10% - 0% — 47% it Using Marijuana 22% Not Using Submitted: N 1 }- r1 - 694/1/0 Statewide, 10th graders who use marijuana are more likely to report lower grades in school (C's, D's or F's) compared to those who don't use. DOC. INDEX E-13 s�ay,jnpe dr, m a Yout,. riealthy Youth Survey Fact Sheet Marijuana Use for Yakima School District, page 2 of 2 Level of Current (past 30 -day) Marijuana Use Grade 10, 2014 None, 740/0 OE None (74%) • 1-2 days (10%) 3-5 days (5%) 6-9 days (4%) • 10 or more days (8%) % of Students % of Students 100%. 90% . 80% - 70 % 60% - 50% - 40% - 30%- 20%_ 10% - 0% 1-2 days, 10% 3-5 days, 50/0 6-9 days, 4% 10 or more days, 8% Marijuana Use and Driving/Riding Grade 10, 2014 18% Local l State 9% Drove after using marijuana 29% Rode with a using driver Source of Those who Got Marijuana, Grade 10, 2014 100% . 90% - 80% . 70% - 60% - 50% . 40% - 30% _ 17% 20% _ 10% _ 9% 5% 6% 0% . Bought it 58% 61% 1 % cf Students % of Students Type of Marijuana Used among Those Who Used It Grade 10, 2014 90% 80% 70% 60% 50% 40% 30% 20% 10% . 0% Local 74% j State 6% 100% 90% 80% - 70%. 60% _ 50% . 40% . 30% . 20% 10% 0% 5% Smoked it Ate it Drank it Vaporized it Other way Family Environment, Grade 10, 2014 63% 61% Local im State 76% 80m 87 89% Parents Do not live Parents feel talk about with a youth not using marijuana marijuana marijuana user use is wrong Local l♦ State 8% 9% 15% 19% 4% 0% � I 3% 796 20% 16% Stole from From Older a store friends sibling Gave Home Home Other money without with way permission permission Prevalence is displayed with 95% confidence intervals (as ± or black bar I) 'indicates a significant change from the previous year or a significant difference between state and local results, p<0 05 Washington NYS results generated at AskHYS net on 06-16-2016 Missing codes: S result suppressed due to insufficient reporting from students of schools; N/G = grade not available; N/S = question was not surveyed this year; Nil crvas not asked of this grade ND6 E -I3 healthy Youth Survey Fact Sheet Marijuana Use for Yakima School District, page 1 of 2 Year: 2014 Grade: 12 Gender: Both Number of Students Surveyed: 604 Background: • Marijuana is addictive. Most teens who enter drug treatment programs report marijuana is the main drug they use. • When teens use marijuana, anxiety and depression can get worse. • Teens who use marijuana can have problems with learning and memory and are more likely to fail in school. For More Information: • Parents, schools, and communities can work together to keep youth healthy and safe. • For prevention tips and to connect with a prevention coalition in your area, visit www.StartTalkingNow.org. • For free printed guides on preventing alcohol and other drug use, visit the ADAI Clearinghouse adaiclearinghouse.org or call (206) 221-8325. • For 24 hour help for mental health, substance use and problem gambling, call 1-866-789-1511 or visit www.waRecoveryHelpLine.org. % of Students 90% _ 80% - 70% - 60% - 50% - 40% - 30%- 20% 10% 0% 0%_20%10% 0% Attitudes about Marijuana Use Grade 12, 2014 75% 75% Easy to get 53% Marijuana Use and Perception of Harm Trends Grade 12 -- Current (past 30 -day) marijuana use —A- No/low risk from trying 1-2 times t No/low risk from regular use 61% 90%- 80% 70% - 60% - 50% - 40% - 30% - 20% - 10% - % of Students No/low risk No/low risk Adults don't Friends don't 0% of harm of harm from think its think its trying 1-2 reg. use" wrong wrong times In 2014. 53% of 12th graders in our school district thought there was little or no risk of using marijuana regularly. % of Students Current (past 30 -day) Marijuana Use Compared to the State, All Grades, 2014 90 - 80 - 70 60 50 - 40 - 30 - 20 - {{ 10- I Local Ki State 0 I 1 6th 8th Freya Ience fith Sth Local 3%±1* 17%±3* State 1%±0 7%±1 10th 12th 140 12th 1 26% ±3* 32% ±4* 18% ±2 27% ±2 % of Students with lower grades I 1 2004 2006 2008 2010 2012 2014 Current (past 30 -day) marijuana _ use No/low risk from trying 1-2 times No/low risk from regular use** • 2004 200E . 2000 2010 2012 2O# 17%±4 21%±4 23%±3 29%±4* 24%±4 32%±4* 57%±7 57%±6 55%±6 55% ±6 61% ±6 75%±5* 23%±6 20%±5 , 26%±5 33%±5 30%±5 , 53%±6* **"Smoked" marijuana regularly was changed to "Use" regularly in 2014. This may mark a break in the trend. Statewide Relationship between Lower Grades and Current (past 30 -day) Marijuana Use Grade 12, 2014 90% _ 80%- 70% _ 60% - 50%- 40%. 30%. 20% _ 10% - 0% 43% 25% Using Marijuana Not Using Statewide, 12th graders who use marijuana are more likely to report lower grades in school (C's, D's or F's) compared to those who don't use. DOC, INDEX efrcP s �04,'51,youth�� riealthy Youth Survey I -act Sheet Marijuana Use for Yakima School District, page 2 of 2 Level of Current (past 30 -day) Marijuana Use Grade 12, 2014 None, 68"/o 1-2 days, 90/0 11. None (WA) Ir 1-2 days (9%) ▪ 3-5 days (7%) U 6-9 days (3%) ■ 10 or more days (13%) % of Students % of Students 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% 3-5 days, 7o/n 6-9 days, 3% 10 or more days, 130/0 Marijuana Use and Driving/Riding Grade 12, 2014 Local Lg State 26% 17% 39% 2&4 Drove after using Rode with a using marijuana driver Source of Those who Got Marijuana, Grade 12, 2014 100% - 90% 80% - 70% - 60% - 50% - 40% - 30% - 20% - 10% - 0% 10% 8% 5% f � Bought it 57% 63% % of Students % of Students Type of Marijuana Used among Those Who Used It Grade 12, 2014 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% 100% - 90%- 80% - 70% - 60% - 50% _ 40% _ 30% - 20% - 10% - 0% Local State 2% 3% Smoked it Ate it Drank it 5% 7% 5% I. 4% Vaporized it Other way Family Environment, Grade 12, 2014 59% 52% Parents talk about not using marijuana Local - State 4% 7% 0% Local 1 .) State 73% 79% • Do not live with a marijuana user 6% 879E 83% Parents feel youth marijuana use is wrong 26% 18% Stole from From Older Gave Home Home Other a store friends sibling money without with way permission permission Prevalence is displayed with 95% coofsience intervals (as ± or black bar 1) 'indicates a significant change from the previous year or a significant difference between state and local results, p<0,05 Washington HYS results generated at AskHYS net on 06-16-2016 DOC. Missing codes: S = result suppressed due to insufficient reporting from students of schools; N/G = grade not available; N/S = question was not surveyed this year; N/4 ilitIBEXs not asked of this grade. E- 13 y0i640% A e de h (fi Marijuana Use for Yakima School District, page 1 of 2 �' Youth' healthy Youth Survey Fdct Sheet Year: 2014 Grade: 6 Gender: Both Number of Students Surveyed: 965 Background: • Marijuana is addictive. Most teens who enter drug treatment programs report marijuana is the main drug they use. • When teens use marijuana, anxiety and depression can get worse. • Teens who use marijuana can have problems with learning and memory and are more likely to fail in school. For More Information: • Parents, schools, and communities can work together to keep youth healthy and safe. • For prevention tips and to connect with a prevention coalition in your area, visit www.StartTalkingNow.org. • For free printed guides on preventing alcohol and other drug use, visit the ADAI Clearinghouse adaiclearinghouse.org or call (206) 221-8325. • For 24 hour help for mental health, substance use and problem gambling, call 1-866-789-1511 or visit www.waRecoveryHelpLine.org. of Students 60% 50% 40% 30% 200/0 10% - % of Students 0% Attitudes about Marijuana Use Grade 6, 2014 12% Easy to get 45% No/low risk of harm trying 1-2 times No/low risk of harm from reg. use' Adults don't think it's wrong Friends don't think it's wrong In 2014, 38% of 6th graders in our school district thought there was little or no risk of using marijuana regularly. 60 -' 50 - 40 . 30 - 20 - 10 Current (past 30 -day) Marijuana Use Compared to the State, All Grades, 2014 Local M State 1 Local State 6th 3%±1* 1%±0 8th 17% ±3* 10th 26% ±3* 7% ±1 18% ±2 1 12th 32% ±4* 27% ±2 % of Students % of Students with lower grades Marijuana Use and Perception of Harm Trends Grade 6 t Current (past 30 -day) marijuana use No/low risk from trying 1-2 times - No/low risk from regular use 60%- 50°/ - 40% - 30% 20% - 10%. 0% - 2004 Current (past 30 -day) marijuana use No/low risk from trying 1-2 times No/low risk from regular use** 2006 2008 2010 2012 2014 2004 2006 200$ 2010 2612!T9 4°/o ±1 4% ±1 2% ±1' 40/a ±1 3% ±1 3% 21 32% ±3 29% ±4 37% ±3* 36% ±3 42% ±3* 45% ±3 26% ±3 28% ±4 26°/a ±3 31% ±3* 33% ±3 38% ±3* **"Smoked" marijuana regularly was changed to "Use" regularly in 2014. This may mark a break in the trend. Statewide Relationship between Lower Grades and Current (past 30 -day) Marijuana Use Grade 6, 2014 60% - 50% - 40% - 30% - 20% - 10% - 0% 44% 14% Usrng Marijuana Not Using Statewide, 6th graders who use marijuana are more likely to report lower grades in school (C's, D's or F's) compared to those who don't use. DOC. INDEX # E 13 healthy Youth Survey I -act Sheet Marijuana Use for Yakima School District, page 2 of 2 Level of Current (past 30 -day) Marijuana Use Grade 6, 2014 None, 97"/0 i None(9/%) • 1-2 days (2%) ni 3-5 days (o%) P. 6-9 days (o%) 10 or more days (0%) % of Students 10%; 0% .li 1-2 days, 2%a�. � lllrYaays, 00/0 Marijuana Use and Driving/Riding Grade 6, 2014 Local State N/A N/A N/A N/A N/A N/A Drove after using Rode with a using marijuana driver Source of Those who Got Marijuana, Grade 6, 2014 10% - 0% % of Students % of Students Type of Marijuana Used among Those Who Used It Grade 6, 2014 0% 10"/ Local ; State N/A N/A N/A N/A N/A N/A NIA N/A N/A N/A N/A N/A N/A N/A N/A Smoked it Ate it Drank it Vaporized it Other way Family Environment, Grade 6, 2014 Local State N/A NIA N/A N/A 0% N/A N/A N/A N/A N/A Parents Do not live Parents feel talk about with a youth not using marijuana marijuana marijuana user use is wrong Local _ State N/A N/A N/A N/A N/A N/A N/A N/A N/A NIA N/A N/A NIA NIA N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Bought it Stole from From Older Gave Home Home Other a store friends sibling money without with way permission permission Prevalence is displayed with 95% confidence intervals (as ± or black bar I) "indicates a significant change from the previous year or a significant difference between state and local results, p<0.05 Missing codes: S r= result suppressed due to insufficient reporting from students of schools grade. Washington HYS results generated at AskHYS net on 06-16-2016 DOC. N/G = grade not available; N/S = question was not surveyed this year; N/A = guestg, r saked of th.s s�ay,'n 1)"..roe, (1l A�f hY yo t 5%) Healthy Youth Survey Fact Sheet Marijuana Use for Yakima School District, page 1 of 2 Year:2014 Grade:8 Gender: Both Number of Students Surveyed: 818 Background: • Marijuana is addictive. Most teens who enter drug treatment programs report marijuana is the main drug they use. • When teens use marijuana, anxiety and depression can get worse. • Teens who use marijuana can have problems with learning and memory and are more likely to fail in school. For More Information: • Parents, schools, and communities can work together to keep youth healthy and safe. • For prevention tips and to connect with a prevention coalition in your area, visit www.StartTalkingNow.org. • For free printed guides on preventing alcohol and other drug use, visit the ADAI Clearinghouse adaiclearinghouse.org or call (206) 221-8325. • For 24 hour help for mental health, substance use and problem gambling, call 1-866-789-1511 or visit www.waRecoveryHelpLine.org. % of Students 70% _ 60% - 50% _ 40% 30% 20% 10% 0% Attitudes about Marijuana Use Grade 8, 2014 38% 52% Easy to get No/low risk of harm trying 1-2 times 28% No/low risk of harm from reg. use** Adults don't think it's wrong 28% Friends don't think it's wrong In 2014, 38% of 8th graders in our school district thought there was little or no risk of using marijuana regularly. % of Students Current (past 30 -day) Marijuana Use Compared to the State, All Grades, 2014 70 - Local State 60 50 40 30 20 10 6th 8th 10th 12th Prevalence 6thir Sth Local 3%±1* 17%±3* 26%±3* . 32%±4* State 1%±0 7%±1 18%±2 27%±2 % of Students 3 3 0) 0 Marijuana Use and Perception of Harm Trends Grade 8 t Current (past 30 -day) marijuana use No/low risk from trying 1-2 times - 4,- No/low risk from regular use 70% - 60% . 50%1 40% - 30%- 20%- 10% - 0% f ! 2004 2006 Current (past 30 -day) marijuana use No/low risk from trying 1-2 times No/low risk From regular use** 1 1 1 2008 2010 2012 2014 2004 2006 1008 2010 2012 mg. 17% ±3 15% ±3 14% ±7 1a% *3 22% ±3 17%±3• 39% ±5 37% ±5 37% 25 46% r5' 47% ±5 52% tS 22%±4 17%±4 76%! 4• 29%15 31%±5 31i% ±56 **"Smoked" marijuana regularly was changed to "Use" regularly in 2014. This may mark a break in the trend. Statewide Relationship between Lower Grades and Current (past 30 -day) Marijuana Use Grade 8, 2014 70% 60% 50% 40% 30% 20% 10% 0% 45% 1 Using Marijuana 17% Not Using Statewide, 8th graders who use marijuana are more likely to report lower grades in school (C's, D's or F's) compared to those who don't use. DOC. INDEX riealthy Youth Survey I -act Sheet Marijuana Use for Yakima School District, page 2 of 2 Level of Current (past 30 -day) Marijuana Use Grade 8, 2014 None, 83% • None(93%) ,i� 1-2 days (7%) :d 3-5 days (3%) SA 6-9 days (2%) 10 or more days (5%) % of Students % of Students 100% - 90%- 80% - 70%- 60% - 50% - 40%- 30% - 20%- 10% 0% 1-2 days, 70/o 3-5 days, 3% 6-9 days, 20/0 10 or more days, 5% Marijuana Use and Driving/Riding Grade 8, 2014 10% Drove after using Rode with a using marijuana driver Local State 19% 10% Source of Those who Got Marijuana, Grade 8, 2014 100% - 90% - B0% - 70% - 60% - 50% - 40% - 30% - 20% 10% - 0% pl_ii8% 11% Bought it 39% 45% Bio of Students % of Students Type of Marijuana Used among Those Who Used It Grade 8, 2014 100% 90% 80%. T0% 60% 50% 40% 30% 20% 10% 0% 100% - 900/ - 8O% 70% 60% 50%. 40% - 30% - 20% - 10% - 0% Smoked it 23% Local p +! State 16% Uu 17% 6% 7% 3% 7% 674 Ate it Drank it Vaporized it Other way Family Environment, Grade 8, 2014 69% 65% Local State 86% 76% 88% 95% Parents Do not live Parents feel talk about with a youth not using marijuana marijuana marijuana user use is wrong Local State 18% 4i.11% 11% 1. 6% 3% 6% 6% 0% Stole from From Older Gave Home a store friends sibling money without permission 1 5% 22% 17% Home Other with way permission Prevalence is displayed with 95% confidence intervals (as ± or black bar!) 'indicates a significant 2hange from the previous year or a significant difference between state and local results, p<0 05 Washington HYS results generated at AskHYS•net on 06-16-2016 DOC. Missing codes: S result suppressed due to insufficient reporting from students of schools, N/G = grade not available; N/S = question was not surveyed this year; Nlli NOM not asked of this grade • # �- I3 What Do Yakima School District Youth Say about Marijuana in 2014?, Page 1 of 3 The data in these charts are based on the Healthy Youth Survey conducted in fall 2014. In Yakima School District, 965 6th graders, 818 8th graders, 750 10th graders and 604 12th graders completed the survey. For more results from the 2014 Healthy Youth Survey, please visit www.AskHYS.net Background: • Marijuana is addictive. Most teens who enter drug treatment programs report marijuana is the main drug they use. • When teens use marijuana, anxiety and depression can get worse. • Teens who use marijuana can have problems with learning and memory and are more likely to fail in school. For More Information: • Parents, schools, and communities can work together to keep youth healthy and safe. • For prevention tips and to connect with a prevention coalition in your area, visit www.StartTalkingNow.org. • For free printed guides on preventing alcohol and other drug use, visit the ADAI Clearinghouse adaiclearinghouse.org or call (206) 221-8325. • For 24 hour help for mental health, substance use and problem gambling, call 1-866-789-1511 or visit www.waRecoveryHelpLine.org. • For more information and references visit www.LearnAboutMarijuanaWA.org % of Students Lifetime Marijuana Use "I have used marijuana at least once." 7'I 5s 6th 8th 10th 12th Wo of Students of Students Current (past 30 -day) Marijuana Use "I have used marijuana at least once in the past month." 26° 3% 6th 8th 10th 12th % of Students Heavy Marijuana Use "I have used marijuana on 10 or more days in the past month." 5% 0% 13% 8% • 6th 8th 10th 12th Marijuana is Perceived as Easy or Marijuana is Perceved as Not Harmful Very Easy to Get 3E0A 60% 8th 1.1 10th II 12th 75% 64% 6th 8th 10th 12th Wo of Students 52"k 75% 38% 41% 53% No/low risk from No/low risk from using* regularly trying once or twice (once or twice a week) *"Smoked" regularly changed to "Used" regularly in 2014 DOC. !NM( s Parental discussion about not using marijuana r'nA Vary. 'rd What Do Yakima School District Youth Say about Marijuana in 2014?, 0/0 of Students 69% 8th 10th 12th Community norm is marijuana use is wrong Wo of Students 721 75% 64% Page 2 of 3 Parents think youth marijuana use is wrong Peers think youth marijuana use is wrong 0/0 of Students 8th 10th 121h of Students 72% 8th 39% 10th 12th Police would catch me if I used marijuana Marijuana use on school property in past month 0/0 of Students 45% 30% 23% 8111 10th 121h 8111 1011i 1211i 0/0 of Students 3% 5% 6% 811E 101h 12111 Relationship between Marijuana Use and Perceived Parental and Community Norms, Grade 10, 2014 13% 59% Kids who believe their parents think.... It's wrong It's not for them wrong to use 16% 32% Kids who believe the community norm is... It's wrong It's not for them wrong to use What does this chart say? • Statewide, 10th graders are Tess likely to use marijuana if they believe their parents think it is wrong for them to use. • Statewide, 10th graders are less likely to use marijuana if they believe their community thinks it is wrong for them to use. Tips for parents and guardians to help teens avoid alcohol, marijuana and other drugs • Talk early and often about the risks. Get tips for how to talk with your child and stay better connected at www.Start.TalkingNow.org. • Set clear rules against alcohol and drug use, and enforce reasonable consequences. • Stay involved in your child's life: eat dinner together, know who their friends are, keep track of what they are doing. • Be aware of the signs and take action if you think your teen is using. Talk to your school's counselor, or get information about other resources in your area by calling the Washington Recovery Help Line at 1-866-789-1511. • For 24 hour help for mental health, substance abuse and problem gambling, call 1-800-789-1511 or visit www waRe;cove1iyt I IpLine.org IND' is 0/0 of Students What Do Yakima School District Youth Say about Marijuana in 2014?, Source of Those who Got Marijuana 0/0 of Students 17% 8% 10% 3% in 5% 5% 8th 33% 58% 57% Page 3 of 3 ® 10th 12th 8% 8% 4% Bought it Stole from From Older a store friends sibling Gave money Type of Marijuana Used, among Current Marijuana Users Wo of Students 51% 58% 74% Smoked it 8th 23% 25% 17% 11% 0% 0% 0% 3% 6% Home Home without with permission permission 10th _ 12th Ate it Marijuana Use and Riding/Driving 8th • 10th • 12th 26% 18% 10% 19% 29% 39% L Drove after using Rode with a using marijuana driver *Regular marljauna use is defined as use on 6 or more days in the past 30 dayOO p = Drank It 80% m 70% O1 60% N 50% • ao% 5 • 30% re zo% 61 5 3% % 6% 22% 259e 5% 5% 20`,6 Other way Vaporized it Other way Statewide Relationship between Regular* Marijuana Use and Living with a Marijuana User, Grade 10, 2014 22% 4% =-1 Live with a Do not live Marijuana with a User user Statewide, 10th graders who who live with a marijuana user are more likely to report regular* marijuana use compared to those who don't live with a user. Prevalence is displayed with 95% confidence intervals (as black bars D. "U" indicates data is unavailable, because of too few surveys completed, questions not asked, or other reik'D77,Y1 W UNIVERSITY of WASHINGTON August2015 ADAI ALCOHOL & DRUG ABUSE INSTITUTE Info Brief Marijuana: What Do We Really Know? Marijuana is the most widely used illegal substance in America, with a reported 19.8 million adults using at least once in the last 30 days.1 With legalization of marijuana for recreational purposes spreading to more and more states, the demand for scientifically sound information about marijuana has outpaced the capacity of the scientific community to accurately answer many questions. The mismatch between demand for accurate information and the availability of scientific knowledge has created both gross exaggerations and complacent dismissals of the short and long term risks of using marijuana. In this document, we present a brief summary of the most frequently discussed issues about possible negative effects of marijuana use. Our intent is to educate the public on what is known and where the knowledge gaps are.' uMFyN C l Izofi%Cb. ;meq' ��stsa ��S�Q't��`9�.,y�,� 4 �� 5� .�t,�'�S �Gfff(,PARAAQIA\ �r'�ypt g, t/rF _ '��C�w_ +aKw s+ J 1 UD1ES � No EXAGGERATION, No MINIMIZATION: WHAT WE KNOW Marijuana and the Teenage Brain. The human brain is not fully developed until the mid -twenties. Some research has shown that regular use of marijuana during teen years may impact the development of the pre -frontal cortex and other areas of the brain, resulting in permanent difficulties with memory, learning, planning and problem -solving. A contrary finding was reported in a recent longitudinal study that followed males from adolescence into their mid - thirties, which found no differences in any of the mental or physical health outcomes measured regardless of the amount or frequency of marijuana used during adolescence. In Washington State, 27% of high school seniors reported using marijuana in the last month.3 Adolescents that are already using marijuana will not necessarily develop irreversible damage, but they are risking it. There is no clear threshold for safe use - teenagers should not use marijuana or other substances such as alcohol, tobacco and other drugs until their brain is fully developed. School Performance. It is well documented in Washington State and nationwide that marijuana users present poorer school performance and higher rates of school dropout. This could be related to short memory impairment caused by marijuana use. It could be also be related to other factors: Marijuana use is highly correlated with other risky behaviors such as smoking, drinking, rebellious lifestyle, peers who do not value academics and disinterest in school in general. Singling out marijuana use as the cause of low school performance can result on missing the mark - a comprehensive approach to improving teenage school performance is more likely to be effective. 0 The factsheet Adolescents and Mariluana discusses this age group in more detail. Addiction. Marijuana addiction is well documented, affecting 9% of all marijuana users. Marijuana addiction is more common among people who started using marijuana in their teens (about 16%). The rate of life time dependence among near daily users is estimated to be 35-50%. 0 The factsheet Dependence on Marijuana discusses marijuana addiction in more detail. Marijuana and Driving. There is insufficient research on marijuana use and driving to definitively answer some of the most pressing questions on this topic. A robust body of research informs legal limits for driving after drinking, supporting guidelines on number and types of drinks consumed and time needed to wait before driving, according to gender. The same is not true for marijuana; we do know however that marijuana affects coordination, reaction time, alertness and concentration. It also impairs our ability to judge distances. Based on these facts, the general recommendation has been to wait at least 4 hours after smoking and much longer after ingesting marijuana. 0 The factsheet Mariluana and Driving - Research Brief discusses this topic in more detail. This factsheet was produced by University of Washington Alcohol & Drug Abuse Institute for the Washington State DSHS Division of Behavioral Health & Recovery. DepwatcnE of 50val Health Senriccs tromform+ng !Ives Submitted: `IPC Hearinn - In//(o//(a ADAI ALCOHOL& DRUG ABUSE INSTITUTE UNIVERSITY of�M(�1S) .GTON YINDEX Pregnancy. Several large epidemiological studies report that marijuana use in pregnancy is associated with reduced birth weight, even after adjusting for other variables. However, smoking tobacco and marijuana overlap so often in this group that is difficult to entirely tease apart the two behaviors. Some studies report cognitive problems in children of heavy marijuana users; other studies with more than 5 years of follow-up found no problems. More research is needed since marijuana using mothers are different than non -marijuana abusing mothers in many other aspects. In the meanwhile, total abstinence of marijuana during gestation and while breastfeeding is strongly recommended and the safest alternative, giving insufficient knowledge in this area. 0 The factsheet Marijuana and Reproduction/Pregnancy discusses this topic in more detail. Mental Health. Anxiety and paranoia: Many users report feeling less anxious and depressed when under the effect of marijuana. By the same token, many users report episodes of anxiety and paranoia when high on marijuana. It is possible that the specific components of the marijuana used play a role on triggering or buffering these symptoms. Cannabis plants with high levels of THC are more likely to produce generalized anxiety of paranoia, while plants with relatively high levels of Cannabidiol (CBD) can have calming effects. The plant composition may also interact with users' specific genetic makeup and the environment. At this point in time, the relationship between anxiety, paranoia and marijuana use is poorly understood. Schizophrenia: Research suggests that marijuana may trigger schizophrenia in those who are already at risk of developing the disorder, such as having a family history of the illness. Those with a vulnerability to develop schizophrenia should be strongly advised against using marijuana. People with existing psychotic disorders should be strongly advised and assisted to cut-down and/or cease their cannabis use. More studies are needed to determine if marijuana use can cause schizophrenia and psychosis - at this point in time, there is no clear evidence one way or another. 0 The factsheet Mental Health and Marijuana discusses these topics in more detail. Lung Cancer. Marijuana use affects the respiratory system and can cause cough, airways inflammation and wheezing. So far, studies have not shown that marijuana causes lung cancer. However, as many marijuana users also smoke tobacco (with or right after marijuana) it is possible that the relationship is hard to detect. It is also possible that it does not exist at all. The factsheet Respiratory Effects of Marijuana discusses this topic in more detail. Medicinal Cannabis (medical marijuana). I lalf of the states in the US have legalized the use of marijuana for medical purposes, despite federal regulations deeming marijuana as a substance with no medical benefit. The lack of research is also concerning when it comes to determine marijuana use benefits, particularly because the use of marijuana as a medicine. While a lot of research is still needed regarding medicinal cannabis, the National Institutes of Health explains cannabis therapeutic potential: "Currently, the two main cannabinoids from the marijuana plant that are of medical interest are THC and CBD. THC increases appetite and reduces nausea. The FDA -approved THC - based medications are used for these purposes. THC may also decrease pain, inflammation (swelling and redness), and muscle control problems. CBD is a cannabinoid that does not affect the mind or behavior. It may be useful in reducing pain and inflammation, controlling epileptic seizures, and possibly even treating mental illness and addictions." 4 0 The factsheet Medicinal Cannabis and Chronic Pain discusses this topic in more detail. FINAL COMMENTS This factsheet presents key marijuana -related topics of great societal interest and for which there are not clear scientific answers to date. Fortunately, things seem to be slowly changing, as state and federal funding agencies have been expressing interest in supporting research projects that can shed Tight on the topics presented. Meanwhile, the best approach is to be aware of the uncertainties surrounding marijuana use risks - and cautious when making decisions surrounding a topic with not enough research evidence to back them up. 1 SAMHSA. Cannabis. htto://www.samhsa.govlatocl/cannabis 2 Hall, W. (2015),. What has research over the past two decades revealed about the adverse health effects of recreational cannabis use? Addiction, 110(1):19-35. http://dx.doi.org/10.1111/add.12703 3 Health Youth Survey. Marijuana Use by Washington State 12th Graders, 2014. htty://www.askhys.net/ 4 National Institute on Drug Abuse. DrugFacts: Is Marijuana Medicine? (rev. July 2015) http://www.drugabuse.nov/oublicationsJdrugfactsJmariivana-medicine Citation: This factsheet was prepared under a contract to the UW Alcohol & Drug Abuse Institute from the Washington State Division of Behavioral Health & Recovery. Updated 8/2015 htta://LearnAboutMarlivanawa.org/factsheets/WhatWeKnow.adf 2 DOC. INDEX a-13 How can people get treatment for marijuana addiction? Long-term marijuana users trying to quit report withdrawal symptoms that make quitting difficult. These include: grouchiness, sleeplessness, decreased appetite, anxiety, and cravings. Behavioral support has been effective in treating marijuana addiction. Examples include therapy and motivational incentives (providing rewards to patients who remain substance free). No medications are currently available to treat marijuana addiction. However, continuing research may lead to new medications that help ease withdrawal symptoms, block the effects of marijuana, and prevent relapse. Learn more For more information about marijuana and marijuana use, visit: www.drugabuse.qov/drugs-abuse/marijuana www.drugabuse.gov/publications/drugfacts/drugged-driving For more information about marijuana as medicine and about state laws related to marijuana, visit: www.drugabuse.ciov/publications/drugfacts/marijuana-medicine www.whitehouse.gov/ondcb/state-laws-related-to-nnariluana Monitoring the Future Learn more about the Monitoring the Future survey, which annually measures drug, alcohol, and tobacco use and related attitudes among teenage students nationwide: www.dru iabuse.gov/relatecl-tuir_s/trends-statistics/monitoring-future References 1. Center for Behavioral Health Statistics and Quality (CBHSQ). Behavioral Health Trends in the United States: Results from the 2014 National Survey on Drug Use and Health. Rockville, MD: Substance Abuse and Mental Health Services Administration, 2015. (HHS Publication No. SMA 15-4927, NSDUH Series H-50) 2. Johnston L, O'Malley P, Miech R, Bachman J, Schulenberg J. Monitoring the Future National Survey Results on Drug Use: 1975-2015: Overview: Key Findings on Adolescent Drug Use. Ann Arbor, MI: Institute for Social Research, The University of Michigan, 2015 3. Meier MH, Caspi A, Ambler A, et al. Persistent cannabis users show neuropsychological decline from childhood to midlife. Proc Natl Acad Sci U S A. 2012;109(40):E2657 -E2664 . doi :10.1073/ p n a s.12 06820109 4. Mehmedic Z, Chandra S, Slade D, et al. Potency trends of i9 -THC and other cannabinoids in confiscated cannabis preparations from 1993 to 2008. 3 Forensic Sci 2010;55(5):1209-1217. doi :10.1111/j.1556-4029.2010.01441. x 5. McCaffrey DF, Pacula RL, Han B, Ellickson P. Marijuana Use and High School Dropout: The Influence of Unobservables. Health Econ 2010;19(11):1281-1299. doi:10.1002/hec.1561 6. Zwerling C, Ryan 3, Orav EJ. The efficacy of preemployment drug screening for marijuana and cocaine in predicting employment outcome. JAMA 1990;264(20):2639-2643. 7. Secades-Villa R, Garcia -Rodriguez 0, Jin CJ, Wang S, Blanco C. Probability and predictors of the cannabis gateway effect: a national study. Int J Drug Policy 2015;26(2):135-142. doi:10.1016/j. drugpo.2014.07.011 8. Panlilio LV, Zanettini C, Barnes C, Solinas M, Goldberg SR. Prior exposure to THC increases the addictive effects of nicotine in rats. Neuropsychopharmacol Off Publ Am Coll Neuropsychopharmacol 2013;38(7):1198-1208. doi:10.1038/npp.2013.16 9. Hasin DS, Saha TD, Kerridge BT, et al. Prevalence of Marijuana Use Disorders in the United States Between 2001-2002 and 2012-2013. JAMA Psychiatry 2015;72(12):1235-1242. doi :10.1001/jamapsychiatry.2015.1858 10. Winters KC, Lee C -YS. Likelihood of developing an alcohol and cannabis use disorder during youth: association with recent use and age. Drug Alcohol Depend 2008;92(1-3):239-247. doi :10.1016/j.drugalcdep.2007.08.005 1 m Updated March 2016 Adapted from: https://www.druaabuse.gov/publications/drugfacts/mariivana Submitted: 4FC w n(3- 0/ 44 ADA l` Clearinr,house Download or request copies from: htto://adaiclearinghouse.org 1[JJNATIONALINSmUT.1 U.S. Department of Health and Human Services ON DRUG ABUSE NOR.. T rr1 Discovery Imo Meaith National Institutes of Health .. L ing Y very O rugFacts Marijuana What is marijuana? Marijuana refers to the dried leaves, flowers, stems, and seeds from the hemp plant, Cannabis sativa. The plant contains the mind -altering chemicaldelta-9- tetrahydrocannabinol (THC) and other related compounds. Extracts with high amounts of THC can also be made from the cannabis plant (see "Marijuana Extracts" on pg. 2). Marijuana is the most commonly used illicit drug in the United States (CBHSQ, 2015). Its use is widespread among young people. According to a yearly survey of middle and high school students, rates of marijuana use have steadied in the past few years after several years of increase. However, the number of young people who believe marijuana use is risky is decreasing (Johnston, 2014). Legalization of marijuana for medical use or adult recreational use in a growing number of states may affect these views. Read more about marijuana as medicine in DrugFacts: Is Marijuana Medicine? at www.drugabuse.00v/publications/drugfacts/ marijuana -medicine. www.drugabuse.gov How do people use marijuana? People smoke marijuana in hand -rolled cigarettes (joints) or in pipes or water pipes (bongs). They also smoke it in blunts -emptied cigars that have been partly or completely refilled with marijuana. To avoid inhaling smoke, more people are using vaporizers. These devices pull the active ingredients (including THC) from the marijuana and collect their vapor in a storage unit. A person then inhales the vapor, not the smoke. Users can mix marijuana in food (edibles), such as brownies, cookies, or candy, or brew it as a tea. A newly popular method of use is smoking or eating different forms of THC -rich resins (see "Marijuana Extracts"). How does marijuana affect the brain? Marijuana has both short- and long-term effects on the brain. Short-term effects When a person smokes marijuana, THC quickly passes from the lungs into the bloodstream. The blood carries the chemical to the brain and other organs throughout the body. The body absorbs THC more slowly when the person eats or drinks it. In that case, the user generally feels the effects after 30 minutes to 1 hour. THC acts on specific brain cell receptors that ordinarily react to natural THC -like chemicals in the brain. These natural chemicals play a role in normal brain development and function. Marijuana overactivates parts of the brain that contain the highest number of these receptors. This causes the "high" that users feel. Other effects include: • altered senses (for example, seeing brighter colors) • altered sense of time • changes in mood • impaired body movement • difficulty with thinking and problem -solving • impaired memory lg-term effects M-arijuana also affects brain development. When marijuana users begin using as teenagers, the drug may reduce thinking, memory, and learning functions and affect how the brain builds connections between the areas necessary for these functions. Marijuana Extracts Smoking THC -rich resins extracted from the marijuana plant is on the rise. Users call this practice dabbing. People are using various forms of these extracts, such as: • hash oil or honey oil—a gooey liquid • wax or budder—a soft solid with a texture like lip balm • shatter—a hard, amber -colored solid These extracts can deliver extremely large amounts of THC to users, and their use has sent some people to the emergency room. Another danger is in preparing these extracts, which usually involves butane (lighter fluid). A number of people who have used butane to make extracts at home have caused fires and explosions and have been seriously burned. Marijuana's effects on these abilities may last a long time or even be permanent. For example, a study showed that people who started smoking marijuana heavily in their teens and had an ongoing cannabis use disorder lost an average of eight IQ points between ages 13 and 38. The lost mental abilities did not fully return in those who quit marijuana as adults. Those who started smoking marijuana as adults did not show notable IQ declines (Meier, 2012). What are the other health effects of marijuana? Marijuana use may have a wide range of effects, both physical and mental. Physical effects Breathing problems. Marijuana smoke irritates the lungs, and frequent marijuana smokers can have the same breathing problems that tobacco smokers have. These problems include daily cough and phlegm, more frequent lung illness, and a higher risk of lung infections. Researchers still do not know whether marijuana smokers have a higher risk for lung cancer. • Increased heart rate. Marijuana raises heart rate for up to 3 hours after smoking. This effect may increase the chance of heart attack. Older people and those with heart problems may be at higher risk • Problems with child development during and after pregnancy. Marijuana use during pregnancy is linked to increased risk of both brain and behavioral problems in babies. If a pregnant woman uses marijuana, the drug may affect certain developing parts of the fetus's brain. Resulting challenges for the child may include problems with attention, memory, and problem - solving. Additionally, some research suggests that moderate amounts of THC are excreted into the breast milk of nursing mothers. The effects on a baby's developing brain are still unknown. Mental effects _ n Long-term marijuana use has been linked to mental illness in some users, such as: Cl 1 • temporary hallucinations—sensations and images that seem real though they ti are not n`J • temporary paranoia—extreme and unreasonable distrust of others • worsening symptoms in patients with schizophrenia (a severe mental disorder with symptoms such as hallucinations, paranoia, and disorganized thinking) Marijuana use has also been linked to other mental health problems, such as depression, anxiety, and suicidal thoughts among teens. However, study findings have been mixed. How does marijuana affect a user's life? Compared to nonusers, heavy marijuana users more often report the following: • lower life satisfaction • poorer mental health • poorer physical health • more relationship problems Users also report less academic and career success. For example, marijuana use is linked to a higher likelihood of dropping out of school (McCaffrey, 2010). It is also linked to more job absences, accidents, and injuries (Zwerling, 1990). ®1:1 A Rise in Marijuana's THC®1, Levels The amount of THC in marijuana has been increasing steadily over the past few decades (Mehmedic, 2010). For a new user, this may mean exposure to higher THC levels with a greater chance of a harmful reaction. Higher THC levels may explain the rise in emergency room visits involving marijuana use. The popularity of edibles also increases the chance of users having harmful reactions. Edibles take longer to digest and produce a high. Therefore, people may consume more to feel the effects faster, leading to dangerous results. Dabbing is yet another growing trend. More people are using marijuana extracts that provide stronger doses, and therefore stronger effects, of THC (see "Marijuana Extracts"). Higher THC levels may mean a greater risk for addiction if users are regularly exposing themselves to high doses. Is marijuana a gateway drug? Some research suggests that marijuana use is likely to come before use of other drugs (Secades-Villa, 2015). Marijuana use is also linked to addiction to other substances, including nicotine. In addition, animal studies show that the THC in marijuana makes other drugs more pleasurable to the brain (Panlilio, 2013). Although these findings support the idea of marijuana as a "gateway drug," the majority of people who use marijuana don't go on to use other "harder" drugs. Read more about marijuana as a gateway drug in the Marijuana Research Report at www.drugabuse.gov/publications/research-reports/mariivana. Is marijuana addictive? Contrary to common belief, marijuana can be addictive. Research suggests that 30 percent of users may develop some degree of problem use, which can lead to' dependence and in severe cases takes the form of addiction (Hasin, 2015). People - who begin using marijuana before age 18 are 4 to 7 times more like than adults to develop problem use (Winters, 2008). Dependence becomes addiction when the person can't stop using marijuana even though it interferes with his or her daily life. Washington State Liquor and Cannabis Board Licensing Weekly Marijuana Report June 14, 2016 Producer licenses issued Producer/Processor licenses issued Processor licenses Retail licenses issued issued 146 748 109 378 Pending build out / applicant place on hold 102 Producer/Processor pending inspection 12 Retailer pending inspection 17 Locations View larger map Retail locations Production s wijk—Sr VE4 View larger map Producer/Processor locations Flower harvest Useable MJ produced MTD/FYTD lbs. MTD/FYTD 7,850 lbs. 219,314 lbs. Extract for inhalation sales volume MTD/FYTD units 6,371 lbs. 124,927 lbs. Solid edibles sales volume MTD/FYi'D units 210,063 units 122,976 units 3,498,513 units 2,408,723 units Useable MJ sales volume MTD/FYTD 5,525 lbs. 104,530 lbs. Liquid edibles sales volume MTD/FYTD units 31,351 units 645,126 units Extracts produced MTD/FYTD grams 394,415 9. 7,943,805 g. Topicals sales volume MTD/FYTD units 6,156 units 107,706 units Marijuana Flower Harvested Usable Marijuana Production and Sales ll9 flfa .11:1 lE1'3E1 I' tea ,.r Copyright © 2015 Washington State Liquor and Cannabis Board Submitted: `iPC L c v»')C,- (S2 // J/ 6, Page 1 of 2 :oc. —13 Total sales* (shelf price) Total tax oblfga ion FY 2015 FY 2015 $259.785,729 Total sales" (shelf price) $64,946,432 Total tax obligation FY 2016 - � FY 2016 $908,725,75511111M_ 4470,0115144 .111.1 View larger chart Sales View larger chart Average daily sales WTD (shelf price) $3,387,707 Average Dally Marijuana Sales 'Shelf Pape View larger chart Compliance tatotero Recreational Marijuana Sales 'Shelf Price)* end Tax Due --.Lt I 1 View larger chart Premise checks May 2016 475 FY 2016 = 3,619 CorrrpiiaTtce checks MTU;VYTD May 2016 = 162 FY 2016 = 531 Failed compliance checks MTD/FYTD May 2016 = 12 FY 2016 = 51 Violations issued May 2016 = 23 FY 2015 = 261 MTD = Month to date FY 2016 = Fiscal year 2016 *Shelf price = sales price + tax FY 2015 = Fiscal year 2015 WTD = Week to date DOC. INDEX Copyright O 2015 Washington State Liquor and Cannabis Board Page 2 of 2 Literature Review on Marijuana Use and Health Effects Summary and Key Findings Retail Marijuana Public Health Advisory Committee Final Approval: January 12, 2015 Monitoring Health Concerns Related to Marijuana in Colorado: 2014 Arr*( inll • Submitted: DOC. INDEX COLORADO 57 D epartment of Public H ealth 8 Environment Literature Review on Marijuana Use and Health Effects Introduction |nC.R.S.I5'1.5-11O,the Colorado DepartmentofPubhcHeahhandEnvinonment([DPH[)vves given statutory responsibility to: • "...monitor cin drug use patterns, broken down by county and race and ethnicity, and the emeing science and medical information relevant to the health effects associated with marijuana use." � "...appoint a panel of health care professionals with expertise in cannabinoid physiology to monitor the relevant information." Based on this charge, CDPHE ap'nted a 13'nnembercommittee, the Retail Marjuana Public Heatth Advisory Committee (RMPHAC), to review scientific literature on the health effects of marijuana. Members of this committee (see Appendix, Retail Marijuana Public Health Advisory Committee Membership Roster) consisted of individuals in the fields of public health, medicine, epidemiology, and medical toxicology who had demonstrated expertise related to marijuana through their work, training, or research. This committee was charged with the duties as outtined in C.R.S. 25-1.1-110 to "..establish criteria for studies to be reviewed, reviewing studies and other data, and making recommendations, as appropriate, for policies intended to protect consumers of marijuana or marijuana products and the general public." The Committee conducted nine public meetings between May 2014 and January 2015 to complete these duties. The overall goal of the committee was to implement an unbiased and transparent process for evatuating scientific Literature as well as marijuana use and health outcome data. The committee was particularly interested in ensuring quality information is shared about the known physical and mental heatth effects associated with marijuana use and also about what is unknown at present. The official committee bylaws of this committee are included in the Appendix, Retail Marijuana Public Health Advisory Committee By-laws. The committee used a standardized systematic literature review process to search and grade the existing scientific literature on health effects of marijuana. Findings were synthesized into evidence statements that summarize the quantity and quality of supporting scientific evidence. These evidence statements were ctassified as fotiows: Substantial evidence which indicates robust scientific findings that support the outcome and no credible oping scientific evidence. Moderate evidence which indicates that scientific findings support the outcome, but these findings have some limitations. Limited evidence which indicates modest scientific findings that support the outcome, but these findings have significant limitations. Mixed evidence which indicates both supporting and opposing scientific findings for the outcome with neither direction dominating. Insufficient evidence which indicates that the outcome has not been sufficiently studied. The committee also translated these evidence statements into lay language understandable by the general public for future use in public health messaging. In addition, the committee was asked to devetop public health recommendations based on potential. concerns identified Monitoring Health Concerns Related to Marijuana in Colorado: 2014 COLORADO ~ Literature Review on Marijuana Use and Health Effects through the review process and to articulate research gaps based on common limitations of existing research. All of these were presented to the full committee during open public meetings with opportunities for stakeholder input. Final statements, recommendations, and research gaps were formalty approved by a vote of the committee. The toicsfurrevevvvverechosenbasedonrecentk/pubUshedpeeprevevvedpubiications outlining the potential health effects of marijuana use, and public health priorities identified from key informant interviews of locat public health officiak across Colorado, including in urban, rural, and resort communities. Key findings for each topic are presented below. An important note for alt key findings is that the available research evaluated the association between marijuana use and potential adverse health outcomes. This association does not prove that the marijuana use alone caused the effect. Despite the best efforts of researchers to account for confounding factors, there may be other important factors related to causality that were not identified. In addition, marijuana use was illegal everywhere in the United States prior to 1996. Research funding, when appropriated, was commonly sought to identify adverse effects from marijuana use. This Legal fact introduces both funding bias and publication bias into the body of literature related to marijuana use. The Retail Marijuana Public Health Advisory Committee recognizes the 11 mitations and biases inherent in the published literature and made efforts to ensure the information reviewed and synthesized is reflective of the current state of medical knowledge. Where information was lacking for whatever reason the Committee identified this knowtedge gap and recommended further research. This information wilt be updated as new research becomes Marijuana'U�8[�U During Breastfeeding 'g ~ Pregnancy ~g The committee reviewed the literature for marijuana useduhngpregnancyondvvh1ie breastfeeding. Outcomes reviewed included those apparent at birth as welt as physical, neurocognitive, and mental health findings throughout childhood and adolescence. We found moderate evidence that maternal use of marijuana during pregnancy is associated with negative effects on exposed offspring, including decreased academic ability, cognitive function and attention. Importantly, these effects may not appear until adolescence. We also found moderate evidence that maternal use of marijuana during pregnancy 15 associated with decreased growth in exposed offspring. Unintentional n Marijuana Exposures in Children ' The committee found moderate evidence that more unintentional marijuana exposures of children occur in states with increased legal access to marijuana; and the exposures can lead to significant ctinicat effects requiring medical attention. Additionally, we found moderate evidence that use of chitd resistant packaging reduces unintentional pediatric poisoning. Marijuana Use Among Adolescents and Young AdU|ts The committee reviewed the literature on the potential effects of marijuana use among adolescents and young adults including effects on cognitive abilities, learning, memory, Monitoring Health Concerns Related to Marijuana in Colorado: 2014 COLORADO De��" 59 Literature Review Marijuana and Health Effects achievement, future use of substances such as marijuana and illicit drugs, and mental health issues. We found substantial evidence for associations between adolescent and young adult marijuana use and future addiction to iflicit drugs in adulthood. We found an increased risk for developing psychotic symptoms or psychotic disorders in adulthood among regular adotescent and young adult users. In addition, we found moderate evidence for associations between adolescent and young adu[t marijuana use and at least short-term impairment of cognitive and academic abilities. We also found moderate evidence indicating that adolescent marijuana users were less likely to graduate from high school and more likely to be addicted to marijuana, alcohol, and tobacco in adutthood. We found beneficial effects related to cessation of use including moderate evidence that adolescent and young adult marijuana users who quit have lower risks of adverse cognitive and mental health outcomes than those who continue to use. 0 Marijuana Ma'^'Rnsp@OdDrU|Oter8ctiOOs ~ This literature review focused on the dose -response of different methods of marijuana use with regard to THC blood levels and impairment. Additional review was performed to evaluate marijuana's interactions with other drugs and the possibility of a positive drug screen from passive marijuana exposure. In general, we found that substantiat evidence that for occasional (less than weekly) marijuana users, smoking, eating, or drinking marijuana containing 10 milligrams or more of THC is likely to cause impairment that affects the ability to drive, bike, or perform other safety sensitive activities. In addition, for these occasional users, waiting at Least six hours after smoking marijuana (containing up to 35 milligrams of THC) will likely allow sufficient time for the impairment to resolve. The waiting time is longer for eating or drinking marijuana products. We found it is necessary for occasional users to wait at least eight hours for impairment to resoLve after ora[ly ingesting up to 18 milligrams of THC. A substantial finding, regarding the use of edible marijuana products, is that it can take up to four hours after ingesting majuana to reach the peak THC blood concentration and perhaps more time to feel the full effects. This has important implications for the time to wait between doses. Using alcohol and marijuana at the same time is likely to result in greater impairment than either one alone. Finally, typical passive exposure to marijuana smoke is unlikely to result in a fai[ed workplace urine test or a failed driving impairment bLood test. Marijuana Use and Neurological, Cognitive and Mental Health The committee reviewed the literature on the potential adverse effects of marijuana use among adults including effects on cognitive functioning, memory, and mental health issues such as anxiety, depression, and psychosis. We found substantiat evidence for associations between marijuana use and memory impairments lasting at least seven days after last use, as weR as the potential for acute psychotic symptoms immediately after use. We found moderate evidence that adults who use marijuana regularly are more likely than non-users to have symptoms or diagnosis of depression. Monitoring Health Concerns Related to Marijuana in Colorado: 2014 COLORADO �ri INDEX Literature Review on Marijuana Use d Health Effects Marijuana Ma'''Use@Od Respiratory Effects The committee reviewed literature focused on marijuana use and effects to the respiratory tract. We found substantial evidence that marijuana smoke contains many of the same carcinogens found in tobacco smoke. We also found substantia[ evidence that acute use (within the past hour) results in immediate, short-term improvement in lung airflow. This finding inctudes use of both smoked and edibte marijuana products. However, we found moderate evidence that heavy marijuana smoking is associated with mild airflow obstruction. In addition, we found substantial evidence heavy marijuana smoking is associated with chronic bronchitis, incLuding chronic cough, sputum production, and wheezing. Finally, we found substantial evidence that heavy marijuana smoking is associated with pre -malignant lesions in the airway, but mixed evidence for whether or not marijuana smoking is associated with lung cancer. Marijuana Use and Extrapulmonary Effects (non -respiratory body systems) UnLike other titerature reviews outlined in this document, there were relatively few literature reports of marijuana use related to myocardial infarction (heart attacks), ischemic stroke, male infertility, testicular cancer, prostate cancer and bladder cancer. We found limited evidence that marijuana use may increase risk for both heart attack and some forms of stroke. These findings were most closely associated with recent, and in some cases heavy, marijuana use. Limited evidence also suggests an increased risk in both testicular (non- senninonna) and prostate cancers with marijuana use. Evidence was mixed for whether or not marijuana use increased the risk of male infertility. Marijuana k�� '.'Ud Injury . . Our literature review focused on the increased risk of injury with marijuana use in a variety of settings (occupational, motor vehicle, recreational). The committee found substantial evidence that risk of motor vehicle crash doubles among drivers with recent marijuana use. Additionally, we found substantial evidence for a positive relationship between THC blood level and motor vehicte crash risk that is, substantial evidence that the higher the level of THC in blood, the higher the crash risk. Finally, the committee found the combined use of marijuana and alcohol increases motor vehicle crash risk more than use of either substance alone. For non -traffic injuries, the evidence is limited, but data suggest the risk of non - traffic workplace injuries may be higher with marijuana use. Public Health Recommendations The committee made a number of public health recommendations interspersed throughout this report. These recommendations loosely fall into several categories but almost alt of the recommendations include some effort to standardize data quality (marijuana use frequency), standardize procedures (roadside THC testing) and improve monitoring of use patterns and health outcomes. Standardized data collection on method of marijuana use, amount and frequency should be encouraged across medical specialties and on survey tools used in Colorado to better characterize use patterns and dose among users. The committee also Monitoring Health Concerns Related to Marijuana in Colorado: 2014 'COLOR ADO mpartmentof Public 61 Literature Review onMarijuana Use and Health Effects recommends data collection on the THC content of Colorado products to better characterize the THC dose of a typical user. In addition, improved information on blood THC levels of drivers is needed to effectively monitor the impact of driving under the influence of marijuana. The committee recommended many educational interventions raning from information on safe storage to protect the youngest Coloradans, to information for adult users, their families, and health care providers. Education for health care providers on the known health Researcheffects of marijuana use may encourage more open dialog between providers and patients. Gaps |mpurtantrexearchQapsreiaLedtothepopulation'basedheaitheffectsofma juana use were identified during the literature and data review process. These research gaps were based on common limitations of existing research (e.g., not enough focus on occasional marijuana use, distinct from regutar or heavy use), exposures not sufficiently studied (e.g., dabbing or edibles), outcomes not sufficiently studied, or issues important to public education or policymaking (e.g., defining impairment in frequent users). These research gaps provide an important framework for prioritizing research related to marijuana use and public health. The committee strongly recommends Colorado support research to filt these important gaps in public health knowledge. While outside the scope of this committee's duties, the committee also recognizes more research is needed on the potential therapeutic benefits of marijuana. Research gaps identified by the committee had five common themes: 1) Additionat research using marijuana with THC ieveisconsjotenLwith currently available products; 2) Research on impairment in regular marijuana users who may have devetoped tolerance; 3) Research to identify improved testing methods for impairment either through alternate biological testing methods or physicat tests of impairment; 4) Research to better characterize the pharmacokinetics/pharmacodynamics, potential drug interactions, health effects, and impairment related to newer methods of marijuana use such as edibies and vaporizing as welt as other cannabinoids such as CBD; and 5) Research to better characterize possible differences in heatth effects between heavy (daity or near daity), regutar(weekty or more), and occasional (less than weekly) users. Monitoring Health Concerns Related to Marijuana in Colorado: 2014 COLORA DO Department of public 62 Health Et- Literature Review on Marijuana Use and Health Effects Table 1. Substantial and Moderate Findings from Systematic Literature Review Substantial Moderate Marijuana Use During Pregnancy Et Breastfeeding (p.75) Decreased IQ scores Attention problems Decreased growth Decreased cognitive function Decreased academic ability Unintentional Marijuana Exposures in Children (p.87) Marijuana Use Among Adolescents and Young Adults (p.94) Marijuana Dose and Drug Interactions (p.103) Other illicit drug use and addiction after adolescence Psychotic symptoms or disorders like schizophrenia Increased risk of driving impairment at blood [THC] 2-5 ng/mL Smoking > 10 mg THC leads to blood [THC] near or > 5 ng/mL within 10 minutes Smoking > 10 mg THC leads to driving impairment Legal marijuana access increases unintentional marijuana exposures in children Child resistant packaging reduces unintentional pediatric poisonings Impaired cognitive abilities and academic performance after 28 days abstinence Less high school graduation Increased MJ use and addiction after adolescence Alcohol or tobacco use and addiction after adolescence Quitting lowers risks Ingesting >_15mg THC may lead to blood [THC] > 5 ng/mL Inhaling vaporized THC leads to blood [THC] similar to smoking same dose Higher blood [THC] in impaired drivers now than in past Monitoring Health Concerns Related to Marijuana in Colorado: 2014 [CPIE COLORADO Department o! Public Health S Environment 63 Literature Review on Marijuana Use and Health Effects Table 1 (Continued). Substantial and Moderate Findings from Systematic Literature Review Substantial Moderate Marijuana Dose and Drug Interactions (p.103) Marijuana Use and Neurological, Cognitive, and Mental Health Effects (p.116) Marijuana Use and Respiratory Effects (p.125) Marijuana Use and Injury (p.142) Ingesting > 10 mg THC leads to driving Waiting at least 6 hrs after smoking < 35 mg impairment resolves/nearly resolves driving impairment Waiting at least 6 hrs after smoking < 18 mg resolves/nearly resolves driving impairment Waiting at least 8 hrs after ingesting < 18 mg resolves/nearly resolves driving impairment Time to peak blood [THC] up to four hours post oral ingestion Passive exposure does not lead to positive screen by urine or blood Impaired memory to at least 7 days Depression [symptoms or diagnosis], abstinence (heavy users) (regular users) Acute psychotic symptoms during intoxication Same carcinogens in marijuana smoke as tobacco smoke Chronic bronchitis with cough/wheeze/sputum Precancerous lesions in airways Acute use improves airflow Increased MV crash risk THC Level and MV crash risk Combined use with alcohol increases MV crash risk Heavy use increases airflow obstruction Monitoring Health Concerns Related to Marijuana in Colorado: 2014 COLORADO Department of Public Health b Environment 64 Maxey, Lisa From: Kari Hanson <dwolly@cet.com> Sent: Saturday, June 11, 2016 8:37 PM To: Ask Planning Subject: Retail Marijuana Sales in Yakima I am very concerned about the fact that the city is going to allow retail marijuana sales. While I understand the ban has been repealed, I would like to voice my opinion about where they should be located. If sales are going to be allowed, they should be kept away from areas where children congregate and away from residential neighborhoods. Let's limit our children's exposure when they are vulnerable and impressionable. 1. Please increase the buffer around elementary or secondary schools, playgrounds, recreation centers or facilities, child care centers, public parks, public transit centers, libraries and any game arcade to 2000 feet. 2. Please include churches in the 2000 ft. buffer. 3. Please prohibit retail stores from being located in residential neighborhoods. Thank you for your consideration. Sincerely: Kari Hanson 1 DOC. INDEX Maxey, Lisa From: Davenport, Joan Sent: Monday, June 13, 2016 9:20 AM To: Peters, Jeff; Maxey, Lisa; |ba/na, Rosalinda Subject: FW: Recreational Marijuana Businesses Another comment for our public hearing... Joan From: Price, CalIy Sent: Monday, June 13, 2016 9:09 AM To: Gutierrez, Avina; Gutierrez, DuIce; Mendez, Carmen; Cousens, Holly; Coffey,Kathy; Lover, Bill; Adkison, Maureen Cc: Cutter, Jeff; Kunkler, Mark; Davenport, Joan; Watkins, Sara Subject: FW: Recreational Marijuana Businesses Message received regarding marijuana Cally Price Assistant to the City Manager City Manager, Mayor, and Council Office From: Beehler, Randy Sent: Monday, June 13, 2016 9:04 AM To: Price, [a|k/ Subject: FW: Recreational Marijuana Businesses Please pass along the e-mail below to the City Council. Randy Beehler Communications & Public Affairs Director City of Yakima, Wa, Cell — 509-901 1142 From: Patty Walker Sent: Friday, June 10, 2016 5:00 PM To: Beehler, Randy Subject: Recreational Marijuana Businesses Mr. Beehler: My family resides within the City limits of ¥akima. We are concerned with the prospect of Iifting the 1,000 feet of locations involving minors to have a recreational marijuana business. We did not want to have these businesses in Yakima, or the State of Washington. It was passed into law, and the City of Yakima lifted the ban on such businesses just recently. Please consider the impact this would have on young people if they could go 100 feet from their school and purchase marijuana. Do not allow the 1,000 ban to be changed. 1 INDEX Thank you for considering our comment. Priscilla J. Walker 4 N 86th Avenue Yakima WA 98908 2 Maxey, Lisa From: Davenport, Joan Sent: Friday, June 10, 2016 10:09 AM To: Peters, Jeff; MaxeyLisa;|bana Rosalinda Subject: FW: message on voicemail for Council fyi From: Price, CaIIy Sent: Friday, June 10 2016 9:09 AM To: Gutierrez, Avina;Gutierrez, Du|ce;Mendez, Carmen; Cousens,Holly; Coffey, Kathy; Lover, Bill; Adkison, Maureen Cc: Cutter, Jeff; Watkins, Sara; Kunkler, Mark; Davenport, Joan Subject: message on voicemail for Council 1 would like the council to consider not moving g the marijuana shop boundaries from 1000 to 100. That is absolutely going next door so guess what...the 1000 foot should stay." Cally Price Assistant to the City Manager City Manager, Mayor, and Council Office 129 North 2nd Street Yakima, WA 98901 Phone: 509-575-6040 Fax: 509-576-6335 wxv»V.yakimoavva.Au« YAKIMA'S BEST WAY TO T 1 DOC. INDEX �� , Maxey, Lisa From: Karen Allen <mba10273@gmai|zom^ Sent: Thursday, June 09, 2016 8:59 PM To: Ask Planning Subject: marijuana sale site To the Planning Commission members, As a resident of Yakima, a retired elementary teacher, and a grandmother whose three grandchildren attended Nob Hill Elementary School, I am alarmed that one of the proposed sites for the sale of Marijuana, under consideration by the Planning Commission, is so close to that school, and bordering on the residential neighborhood that serves these families. I realize there are reasons for excluding other potential locations, as well, but certainly special consideration must be given to excluding sites that so conveniently provide kids with unhealthy messages, and parents with "one more thing" to worry about. I hope you will consider this letter of concern. Sincerely, Karen Allen (509) 972-8988 1 Maxey, Lisa From: Lynnette Whitney <lynnette.erin47@gmail.com> Sent: Friday, June 03, 2016 9:06 AM To: Ask Planning Subject: Keep the Buffer! I have been working with a group of concerned parents and community members regarding the repeal of the ban on marijuana sales in the city of Yakima. We submitted 550 signatures to the city council asking them not to repeal the ban on marijuana sales. Since the ban was repealed, I am now asking you to listen to those voices and put in good restrictions on where marijuana will be sold in order to protect our community. I have children attending an elementary school in Yakima and we first became concerned when we read in the paper that there might be a retail shop just a few blocks from our school. That made us concerned, not just about our school, but about having the presence of marijuana sales near any of the schools or areas that children frequent in Yakima. I am asking that you maintain or increase the current state guidelines of a 1000 foot buffer around schools, playgrounds, recreation centers or facilities, child care centers, public parks, public transit centers, libraries and arcades. I am asking that you not decrease the buffer in any way. There are plenty of areas left in Yakima where these retail stores can be located without being near these areas. If you decrease the buffers, it may allow retail marijuana in the vicinity of Nob Hill Elementary, McClure Elementary, Whitney Elementary, Wilson Middle School and Eisenhower High School. Children walking to and from school would pass it each day. I Please protect our kids and our neighborhoods. Thank you for taking the time to listen to the concerns of the residents of Yakima. Sincerely, Lynnette Whitney Maxey, Lisa From: Elizabeth HaHock <ehallock.law@gmail.com> Sent: Thursday, June 02, 2016 10:39 AM To: Ask Planning Subject: City Golf course/502 Follow Up Flag: Follow up Flag Status: Completed LCB considers the city golf course a park. We tried to put an app there; it is considered a state restricted entity. Liz Sent from my Verizon Wireless 4G LTE smartphone Maxey, Lisa From: Hasan Tahat <hasan'org> Sent: Tuesday, May 31, 2016 8:51 AM To: Peters, Jeff Cc: Maxey, Lisa Subject: RE: Notice of Appiication, PubIic Hearing, and DNS [-S02Marijuana Regulation ' SEPA#013-16 Dear Jeff: Thank you for providing the Yakima Regional Clean Air Agency (Ythe opportunity to review and comment on SEPA#013-16. Following review, YRCAA has the following comment(s): 1. Indoor and processing facilities may require a New Source Review (NSR) Prior to the start of construction or operation. Applicants are encourage to contact our office early on during the planning stage; and 2. Contractors doing demolition, excavation, clearing, construction, or landscaping work must file a Dust Control Plan with YRCAA, prior to the start of any work. Thank you for the opportunity to connect with the county's continued support in protecting the air quality in Yakima County. Best regards, Hasan M. Tahat, Ph.D. Engineering and Planning Division S Yakima Regional Clean Air Agency Tel: (509) 834-2050 ext. 105 Fax: (509) 834-2060 E-mail: hosougyccoo.nrA The information contained in this email may be confidential and/or legally privileged.lt has been sent for the sole use of the intended recipient(s). Any unauthorized review, use, disclosure, dissemination, distribution, or copying of this communication, or any of its contents, is stnctly prohibited. From: Maxey, Lisa [mailto:Lisa.Maxey@YANIMAVVA.GOV] Sent: Friday, May 27, 2016 11:03 AM To: Brown, Michael; Crockett, Ken; Daily Sun News - Bob Story; Ibarra, Rosalinda; KAPP TV News; KBBO-KRSE Radio - manager; KC]TTV News; KDNA Radio; KEPR TV News; KlMATV News; KIMA TV News - Crystal Bui; KIT/K»TS/Dy4\8N/KFF»4 - Lance Tormey; KNDO TV News; KUNS-TV Univision; KVEW TV News; Lozano, Bonnie; NWCN News; NWPR - Anna King; Randy Luvaas - ¥akima Business Times; Reed C. Pell; Tu Decides - Albert Torres; Yakima Herald Republic - Craig Troianello; Yakima Herald Republic - Mai Hoang; Yakima Herald Republic - Mark Morey; Yakima Herald Republic - Mike Faulk; Yakima Herald Republic Newspaper; Yakima Valley Business Times; Yakima Valley Business Times - George Finch; Beehler, Randy; Belles, Carolyn; Brown, David; Caruso, Joe; Cutter, Jeff; Davenport, Joan; Dean, James; DeBusschere, Suzanne; Denman, Glenn; Futrell, Kevin; Kallevig, Dana; Kunkler, Mark; Layman, Randy; Matthews, Archie; Maxey, Lisa; Meloy, Randy; Riddle, Dan; Rizzi, Dominic; Schafer, Scott; Shane, Mike; Soptich, Mark; Zammarchi, Loretta; Allyn, Kaarre; Beehler, Randy; Bill & Linda Beerman; City of Union Gap; City of Union Gap; Claar Tee, Sonya; CWHBA Joe Walsh (E-mail); Danielle Surkatty; David Gaudette; David Kearby - Associated General Contractors of WA; Davido, Sean; Dianna Woods; Doug Carey; Evodio Reyes; Farmworker Housing Marty Milier (E-mail); James Carmody; Ken Camarata - AIA; Crockett, Ken; Luz Bazan Gutierrez - RCDR; Mike & Cindy Noble; Mike Dooley - Wilbert Precast; Mike Shinn; Peters, Jeff; Phil Hoge; Price, Cally; Ralph Call; Robert Lockhart; Ron Pelson (ron@traditionaldesignsinc.com); Sandy Lloyd; Smith, Valerie; Steve Erickson; Steve S; Terrence Danysh; Terry Keenhan; Thomas Carroll; . Banta; Al Rose; Alfred A. Rose bnxi./ied; Gavin Keefe; Gutierrez, Avina; Patricia byers; Peter Marinace; Scott Clark; Watkins, Sara; William Cook (cook.w©charter.net); Ahtanum Irrigation District - Beth Ann Brulotte; Cascade Natural Gas - Jim Robinson; Cawley, Marc; Chamber of Commerce; Department of Commerce (CTED) - Review Team; Department of Ecology - SEPA Register; Department of Ecology -CRO Coordinator; Department of Fish and Wildlife - Eric Bartrand; Department of Fish and Wildlife - Scott Downes; Department of Natural Resources; Department of Social & Health Services - Jeanne Rodriguez; Dept Archaeology & Historic Preservation - SEPA Review; Desgrosellier, Bob; Energy Facility Site Evaluation Council - Stephen Posner; Nob Hill Water - Bob Irving; Peterson, Robert; US Army Corps of Engineers - Deborah ] Knaub; West Valley School District - Angela Watts; WSDOT - Carter Timmerman; WSDOT - Paul Gonseth; WSDOT - Rick Holmstrom; Yakama Bureau of Indian Affairs - Rocco Clark; Yakama'K|ickibyt Fisheries - John Marvin; Yakima County Commissioners; Yakima County Health District; Yakima County Health District - Ryan Ibach; Yakima County Planning Director - Lynn Deitrick; Yakima County Public Services Director, Vern Redifer; Yakima Greenway Foundation - Al Brown; Hasan Tahat; Yakima Valley Conference of Governments - Joseph Calhoun; Yakima Valley Conference of Governments - Shawn Conrad; Yakima Valley Museum - John A. Baule; Yakima Waste Systems - Keith Kovalenko Cc: Peters, Jeff Subject: Notice of Application, Public Hearing, and DNS - 1'502 Marijuana Regulation - 8EPA#013-16 Attached is a Notice of Application, Public Hearing, and Determination of Non -Significance (DNS) regarding the above- entit|edpnject.|fyouhaveanyquestionsaboutthisproposa|p|easeoontactasnignedp|anner]affPetemat(5O9)S7S' 6163 or by email at mawa.gov.Thank you! Lisa 1)epti ent Assistant II City of. Yakima Planning, Diy'isign (509) 576-6669 - Lisa.Maxey@yakimawa.gov 129 N. 2nd St. Yakima, WA 98901 2 DINODCix Maxey, Lisa From: Jenny Mattson <jennymattsonjm@gmail.com> Sent: Monday, May 30, 2016 1:31 PM To: Ask Planning Subject: Zoning for marijuana businesses Attachments: 20160525_132522-2jpg; 20160525_132651jpg Hello, I am writing to express concern I hope the Planning Commission will consider when making determinations for marijuana business locations. One of the proposed sites on Nob Hill Blvd, the former Casa Mia, is located near a densely residential area. Pictures included are from the street side and behind the parking lot. Many of the units are multi- family dwellings (duplex and triplex). A minimum buffer zone from Nob Hill Elementary is insufficient as it doesn't address the significant number of children that live and must commute by foot, car, or bus right by that location in order to get to school every day. Exposure and promotion of marijuana (still illegal under federal law) makes it that much more difficult for parents and schools trying to impart how children need to make healthy choices. Please consider strictly regulating that such businesses cannot be located in residential areas or where minors must commute in order to get to school. Thank you for your consideration, Jenny Mattson, MS, LMHC (509) 966-2632 This message is intended for the sole use of the individual and entity to whom it is addressed, and may contain information that is privileged, confidential, and exempt for disclosure under applicable law. If you are not the intended addressee nor authorized to receive for the addressee, you are hereby notified that you may not use, copy or distribute this message to anyone. If you have received this message in error, please immediately advise the sender. 1 DOC. INDEX # -2- r -AW L- r STATE OF WASI-ONGTON TMENT OF COMMERCE 1011 plomSpee SE ^fUBox 42525 ,Qlyopia,Na^hmgrm ^(360)/25-40V@ mw��oonYmerv*.wa.0mv May 31, 2016 Jeff Pete Supervising Planner City of Yakima 129 North 2nd Stree Yakima, Washington 98901 Dear Mr. Peters: Thank you for sending the WashingtoState Department of Commerce (Commerce) the following materials as required under RCW 36.70A.106. Please keep this Ietter as documentation that you have metthis procedural requirement. City of Yakima - Proposed ordinance to establish zoning controls for 1-502 Marijuana uses. These materials were received on May 31, 2016 and processed with the material ID # 22463. Expedited Review is requested under RCW 36.70A.106(3)(b). If this submitted material is an adopted amendment, then please keep this letter as documentation that you have metthe procedural requirement under RCW 36.70A.106. If you have submitted this material as a draft amendment requesting expedited review, then we have forwarded a copy of this notice to other state agencies for expedited review and comment. If one or more state agencies indicate that they will be commenting, then Commerce may deny expedited review and the standard 60 -day review period will end on July 30, 2016. Commerce will notify you by e-mail regarding of approval or denial of your expedited review request. If approved for expedited review, then final adoption may occur no earlier than June 14, 2016. Please remember to submit the final adopted amendment to Commerce within ten (10) days of adoption. If you have any questions, please contacGrowth ManagemenSenioeoutreviewtaam@cummerca.wm.gov. or call Dave Andersen (509) 434-4491. Sincerely, Review Team CITY PLANNING — I-502 MARIJUANA REGULATION SEPA#013-16 EXHIBIT LIST CHAPTER F Public Notices Yakima Planning Commission Agenda & Sign -In Sheet (Study Session) 05/24/2016 F-2 Notice of Application, YPC Public Hearing, & Determination of Non -Significance F -2a: Legal Notice F -2b: Press Release and Distribution E- mail F -2c: Parties and Agencies Notified F -2d: Affidavit of Mailing 05/27/2016 F-3 Yakima Planning Commission Agenda & Sign -In Sheet (Study Session) 06/01/2016 F-4 Yakima Planning Commission Agenda & Sign -In Sheet (Study Session) 06/08/2016 F-5 Yakima Planning Commission Agenda & Sign -In Sheet (Public Hearing) 06/16/2016 -6 Notice of Retention of Determination of Non -Significance F -6a: Parties and Agencies Notified F -6b: Affidavit of Mailing 06/16/2016 F-7 Letter of Transmittal: City Council Public Hearing (Mailing Labels) 06/17/2016 F-8 Notice of Yakima Planning Commission's Recommendation (See DOC INDEX#A-1 for YPC Recommendation) F -8a: Parties and Agencies Notified F -8b: Affidavit of Mailing 06/22/2016 F-9 City Council Public Hearing Notice (Revised) 06/23/2016 OFFICE OF THE CITY CLERK 129 North Second Street Yakima, Washington 98901 Phone (509) 575-6037 • Fax (509) 576-6614 REVISED—LOCATION CHANGE CITY OF YAKIMA NOTICE OF PUBLIC HEARING Marijuana land use regulations NOTICE IS HEREBY GIVEN that the Yakima City Council will conduct a public hearing to consider the City of Yakima Planning Commission's recommendation amending the Yakima Municipal Code related to land use regulations and locations pertaining to recreational and medical marijuana production, processing, and retailing of such uses. Said public hearing will be held on Tuesday, July 5, 2016 at 6:30 p.m. in the Council Chambers FA Street, at the Convention Center, 10 N. B" Street, 411 Yakima, WA. • e. 4111 All interested persons are invited to attend this hearing. Written comments may be submitted to the Council in two ways: 1) Send a letter via regular mail to "Yakima City Council, 129 N. 2'd Street, Yakima, WA. 98901"; or, 2) E-mail your comments to citycouncilgyakimawa.gov. Include in the e-mail subject line, "marijuana." Please also include your name and mailing address. Additional information is available online at: httpSii .yakimawa.goviservicesiplanning/502-inforniation-proposed-lana-use- amendments/ Dated this 1 -7th 23rd day of June, 2016. Sonya Claar Tee City Clerk DOC. INDEX AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: City Planning - 1-502 Marijuana Regulation SEPA#013-16 Citywide I, Lisa Maxey, as an employee of the City of Yakima Planning Division, have dispatched through the United States Mails, a Notice of Yakima Planning Commission's Recommendation. A true and correct copy of which is enclosed herewith; that said notice was addressed to parties of record, and that said notices were mailed by me on the 22th day of Tune, 2016. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Lisa Maxey Department Assistant II In -House Distribution E-mail List Name Division E-mail Address Carolyn Belles Code Administration Cara n,Be aki aw OV Glenn Denman Code Administration Glenl1.Derunan@ akirnawa.gov Joe Caruso Code Administration Joe, Carusogyaki: awa,gov Suzanne DeBusschere Code Administration Suza e,Dbusscher' a v Dan Riddle Engineering Dan.Riddle@vakunawa.gov Mike Shane Engineering ike.Shand awe. ov Mark Soptich Fire Dept Mark.Soptich@yakintawa.gov Jeff Cutter Mark Kunkler Archie Matthews Legal Dept Legal Dept ONDS Cott ark,Ki k. y awa,gov Archie,Matthews r .va,ov Joan Davenport Planning Chief Rizzi Police Department zDaven,o Dorninic.Rizz' a.gov Scott Schafer Public Works Dept Scot ct a, D Loretta Zammarchi Refuse Division ettaJ chi@yakintawa.gov Randy Layman Refuse Division R dy.Lay a ov Kevin Futrell Transit Division Kevih..Futrell@yakirigav a.gov James Dean Utilities .De yakirnawaagov Dana Kallevig Wastewate Dana alley ov Randy Meloy Wastewate Randy,Meloygyakima va,gov'' For the Record/File Binder Copy Revised 05/2016 Type of Notice: Nof `)PC, V\eColnn2 /? Cth0 c_ File Number(s): SEtIF rt- 01 ' - (() Date of Mailing: DOC. INDEX Mailing Labels City Planning —1-502 Marijuana Regulation SEPA#013-16 Stefanie Thompson 703 5 38th Ave #9 Yakima, WA 98902 Jeffrey D McPhee 131 McPhee Road Naches, WA 98937 2307 Tieton Drive Yakima, WA 98902 Walt Ranta SS32"Ave Yakima, WA 98902 Lynnette Whitney 621 5 27th Ave Yakima, WA 98902 Eric Larson 7202 W Chestnut Ave Yakima, WA 98908 Chris Glinn 310 Pleasant Ave #9 Yakima, WA 98942 Priscilla J. Waiker 4 N 86th Avenue Yakima, WA 98908 Bob Whitney 308 N 21st Ave Yakima, WA 98902 Lee Mudock 5D]S43rdSt Yakima, WA 98901 Steve Brownlow 131NGalloway Dr Yakima, WA 98908 Camille Becker 334S3SthAve Yakima, WA 98902 Resident 610 S5th St Yakima, WA 98901 Chloe Moore 9 Gilbert Dr Yakima, WA 98902 Jonathan Long 2904 Barge St Yakima, WA 98902 Ben Grossman 31 N 1st Ave Yakima, WA 98902 Jedidiah Haney 13332 37th Ave Tukwila, WA 98176 Vof PC/ku. /v'UU(camv poL8OLJ' \ SCO9 't 01 -/ / ~ /,21/1 10 David Hawkins Z11S4th Ave Yakima, WA 98901 Colleen Kaluzny 4906 Douglas Dr Yakima, WA 98902 Carmen Mendez 1203 Spokane St Yakima, WA 98902 John Marley 181 Young Grad Rd Yakima, WA 98908 DOC. K�� """~°"�°° �� F Maxey, Lisa From; Maxey, Lisa Sent: Wednesday, June 22, 2016 3:07 PM To: Belies, Carolyn; Brown, David; Caruso, Joe; Cutter, Jeff; Davenport, Joan; Dean, James; DeBusschere, Suzanne; Denman, Glenn; Futrell, Kevin; lbarra, Rosalinda; Kallevig, Dana; Kunkler, Mark; Layman, Randy; Matthews, Archie; MaxeyLisa; Meloy, Randy; Riddle, Dan; Rizzi, Dominic; Schafer, Scott; Shane, Mike; Soptich, Mark; Zammarchi, Loretta Cc: Peters, Jeff Subject: Notice ofYPC Recommendation -1-502 Marijuana Regulation SEPA#013-16 Attachments: NOTICE OF YPC RECOMMENDATION |-SO2Marijuana Regulation SEPA.PDF Attached is a Notice of Yakima Planning Commission's Recommendation to City Council regarding the above -entitled project. If you have any questions aout1hisproposa|p|eanecontactassi@nedp|anner]effPeteoat/SU9\S7S'6163or by e mail at Thank you! Lisa M my Depa ent Assistant II City of Yakima PIanning_Divisi (509) 576-6669 — Lisa..gov 129 N. 2nd St. Yakima, WA 98901 1 ��&�y�' "w��m��'6 /X Mailing List for 1-502 Marijuana Regulation Name' Stefanie Walt Eric Last Name Thompson Ranta Larson Lynnette Whitney Mark Jeffrey D Jenny Hasan Elizabeth Karen Priscilla J. Hummel McPhee Mattson Tahat Hallock Allen Walker Pamella Milhorn Richard Chris Milhorn Glinn Addres 703 S 38th Ave #9 5 S 32nd Ave 7202 W Chestnut Ave 621 S 27th Ave 131 McPhee Road 4 N 86th Avenue 2307 Tieton Drive 2307 Tieton Drive City State Yakima Yakima Yakima Yakima Naches WA WA WA WA WA Yakima Yakima Yakima 310 Pleasant Ave #9 Yakima WA WA WA WA Zip Code 98902 98902 98908 Email Address elarsonl 98902 98937 98908 8(hotmaiLcom ynnette.erin47 ail.co-, u el 06 g ail.com jefrey. cs.yaki a cloud.com jenny a son.impe san yrcaa.org ehallock.Ia mizall 27 ail:co gail.com g ail,com 98902 98902 98942 prisc00@ hotmail.com pammilhorn@hot a co rich. „ilhorn(gm or Bob Lee Chloe David Steve Whitney Mudock Moore Hawkins Brownlow 308 N 21st Ave 503 S 43rd St 9 Gilbert Dr 211 S 4th Ave 131 N Galloway Dr Yakima WA Yakima Yakima Yakima Yakima WA WA WA WA 98902 98901 98902 98901 98908 Anna Marie Dufault Jonathan Colleen Camille Ben Carmen iJeciadiah hn m Long Kaluzny Becker Grossman Mendez 2 Haney 2904 Barge St 4906 Douglas Dr 224 S 25th Ave 31 N 1st Ave 1203 Spokane St 610S5th St 13332 37th Ave Yakima Yakima Yakima Yakima Yakima Yakima Tukwila WA WA WA WA WA WA WA 98902 98902 98902 98902 98902 98901 98176 nnamarieaduaultCesd1OS.or' Marley Mullen 181 Young Grad Rd Yakima WA 98908 u Jen98665(a7gmail.com r't CITY OF YAIUMA ann1ng DEPARTMENT OF COMMUNITY DEVELOrMENT Planning Division Joan Davenport, AICP, Director 129 North Second Street, 2' Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning NOTIFICATION OF THE YAKIMA PLANNING COMMISSION'S RECOMMENDATION TO THE YAKIMA CITY COUNCIL June 22, 2016 On June 20, 2016, the City of Yakima Planning Commission rendered their written recommendation regarding 1-502 Marijuana Regulation (SEPA#013-16). An open record public hearing was held on June 16, 2016 regarding this matter, After taking public comment, the public testimony was closed on June 16th but the meeting was continued to June 20, 2016 for the Planning Commission's deliberation. A copy of the Planning Commission's Findings and Recommendation is enclosed. The Planning Commission's Recommendation will be considered by the Yakima City Council in a public hearing on July 5, 2016. For further information or assistance you may contact Supervising Planner Jeff Peters at (509) 575-6163 or at jeff.peters@yakirnawa.gov. Jeff Peters Supervising Planner Date of Mailing: June 22, 2016 Enclosures: Planning Commission's Recommendation Yakima 2015 1994 CITY OF YAKIMA, PLANNING DIVISION LETTER OF TRANSMITTAL I, Lisa Maxey, as an employee of the City of Yakima, Planning Division, have transmitted to: Sonya Claar-Tee, City Clerk, by hand delivery, the following documents: 1. Mailing labels for CITY PLANNING - 1-502 MARIJUANA REGULATION including all labels for parties of record. Signed this 17th day of June, 2016. Lisa Maxey Department Assistant II Mailing Labels City Planning —1-502 Marijuana Regulation SEPA#013-16 Stefanie Thompson 7O3S3OthAve #9 Yakima, WA 98902 Walt Ranta SS32""Ave Yakima, WA 98902 Eric Larson 7202 W Chestnut Ave Yakima, WA 98908 Jeffrey D McPhee 131 McPhee Road Naches, WA 98937 Lynnette Whitney 621 5 27th Ave Yakima, WA 98902 Priscilla J. Waiker 4 N 86th Avenue Yakima, WA 98908 Richard &Pame|la/Ni|hom 2307 Tieton Drive Yakima, WA 98902 Chris Glinn 310 Pleasant Ave #9 Yakima, WA 98942 Bob Whitney 3OON21stAve Yakima, WA 98902 Lee Mudock 503E43rdSt Yakima, WA 98901 Chloe Moore 9 Gilbert Dr Yakima, WA 98902 David Hawkins 3l1S4th Ave Yakima, WA 98901 Steve Brownlow 131NGalloway Dr Yakima, WA 98908 Jonathan Long 2904 Barge St Yakima, WA 98902 Colleen Kaluzny 4906 Douglas Dr Yakima, WA 98902 Camille Becker 224 5 25th Ave Yakima, WA 98902 Ben Grossman 31 N 1st Ave Yakima, WA 98902 Carmen Mendez 1203 Spokane St Yakima, WA 98902 Resident 610 S 5th St Yakima, WA 98901 Jedidiah Haney 13332 37th Ave Tukwila, WA 98176 John Marley 181 Young Grad Rd Maxey, Lisa From: Maxey, Lisa Sent: Friday, June 17, 2016 8:41 AM To: Claar TeeSonya Subject: Mailing for 1-502 Marjuana Regulation - CC Hearing on July 5th Good morning, Sonya — Please include the following email addresses when you send the Notice of City Council Public Hearing. I will be bringing down the address labels to you shortly. Thank you1 hummelm06@gmaiLcom� rich rnailzom Depa ent Assistant II city of Yakinv Planning Division (509) 576-6669 - Lisa.Maxey@yaldmawa.gov 129 N. 2nd St. Yakima, WA 98901 DOC. Mailing List for 1-502 Marijuana Regulation Name Stefanie Walt Eric Lynnette Mark Jeffrey D Jenny Hasan Elizabeth Karen Priscilla J. Pamella Richard Chris Bob Lee Chloe David Steve Anna Marie Jonathan Colleen Camille Ben Carmen Jedidiah John Last Name Thompson Ranta Larson Whitney Hummel McPhee Mattson Tahat Hallock Allen Walker Milhorn Milhorn Glinn Whitney Mudock Moore Hawkins Brownlow Dufault Long.. Kaluzny Becker Grossman Mendez Haney Marley Address 703 S 38th Ave #9 5 S 32nd Ave City State Zip Code Yakima Yakima WA WA 7202 W Chestnut Ave Yakima WA 621 S 27th Ave 131 McPhee Road 4 N 86th Avenue 2307 Tieton Drive 2307 Tieton Drive Yakima WA Naches WA 98902 98902 98908 Email Address Marson 918 ho 98902 Jynnette.e ri n47 @g 98937 Yakima WA Yakima WA Yakima WA 310 Pleasant Ave #9 Yakima WA 308 N 21st Ave 503 S 43rd St ............ 9 Gilbert Dr ......................... 211 S 4th Ave 131 N Galloway Dr 2904 Barge St 4906 Douglas Dr 224 S 25th Ave 31 N 1st Ave 1203 Spokane St 610 S 5th St Yakima WA Yakima WA Yakima WA Yakima Yakima WA WA 98908 98902 98902 98942 98902 u eIm06 i a.co ai .com, ieffrey,mcs.yaki ieyma hasan eha a icloud.com son.im(cgmail.com yrcaa.org> ck.la 273 g ail.com c00 hotmail.com pam lornhotmail.com 98901 98902 98901 98908 Yakima WA 98902 Yakima WA Yakima WA Yakima WA 98902 Yakima WA Yakima WA 13332 37th Ave Tukwila WA 181 Young Grad Rd Yakima WA 98902 98902 98902 98901 anndufault@esd105.org 98176 98908 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: SEPA#007-16 (BSP#001-16) Vagabond Properties LLC Vic. of Central Ave & S 18th St I, Lisa Maxey, as an employee of the City of Yakima Planning Division, have dispatched through the United States Mails, a Notice of Retention of DNS. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant and all parties of record, that are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on this 16th day of Tune, 2016. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Lisa Maxey Department Assistant II DO. NDEX # -(12 12 Parties of Record — City Planning —1-502 Marijuana Regulation — SEPA#013-16 Stefanie Thompson 703 S 38th Ave 49 Yakima, WA 98902 Lynette Whitney lannette,eria47403mail.aam Jenny Mattson jennarnattsoraimaamall)carn Richard Milhom 2307 Tieton Drive Yakima, WA 98902 rich.milhom taxmail,corn Walt Ranta 5 S 32nd Ave Yakima, WA 98902 Mark Hummel hanarnehn06@amaiLeara Hasan Tahat hasan@yrcaa,ara Eric Larson 7202 W Chestnut Ave Yakima, WA 98908 e Ear son 19180)114:mail cora Jeffrey D McPhee 131 McPhee Road Neches, WA 98937 1effrey.tramakima@icloud,ccun Karen Allen miza)1182730)amai14corn Elizabeth Hallock ehallock4imParnall)com Pamella Milhom 2307 Tieton Drive Yakima, WA 98902 pi militornfit1hotmaii.com Priscilla J. Walker 4 N 86th Avenue Yakima, WA 98908 msc00Ahotmail.com In -House Distribution E-mail List Name Division E-mail Address Carolyn Belies Code Administration Carolyn.Belles@yakimawa.gev Glenn Denman Code Administration Glenn.De anna,yakintawa.gov Joe Caruso Code Administration Joe.Caruso@yakirraawaigov Suzanne DeBusschere Code Administration Su eiDebusschercAyakiniawa,gov Dan Riddle Engineering DanJ(iddlei alchawa, ov Mike Shane Engineering Mike,Shane@yakiinawa.gov Mark Soptich Fire Dept Mark.SoptionPrakiiriawaigov Jeff Cutter Legal Dept JgrkGritter@yakimawa.coi,t Mark Kunkler Legal Dept Mark.Kttriklert@yalciritawa.gov Archie Matthews ONDS Archie.Matthews@yaklitnawa.gov Joan Davenport Planning JoanDavenport,yakiinawa.gov Chief Rizzi Police Department Dorninie.RiFii@gvakintawa,gov Scott Schafer Public Works Dept ScothSehafer@yakiinawa.gov Loretta Zammarchi Refuse Division Loretta Zati arehlyakiinawa.gov Randy Layman Refuse Division Randy.Laymanayakitnawaagov Kevin Futrell Transit Division Kevin.Futrell ,vakimawa.gov James Dean Utilities J. es.Dean@gyakirriawaigov Dana Kallevig Wastewater Dana.Kallevigyakirriawa gov Randy Meloy Wastewater Randv.Meloy@yakl awaigov For the Record/File Binder Copy Revised 05/20 6 Type of Notice: File Number: thorx of DNS 5EA ttois tf, Date of Mailing: 62 Ita I /10 DOC. INDEX Maxey Lisa From: Maxey, Lisa Sent: Thursday, June 16, 2016 9:45 AM To: Belies, Carolyn; Brown, David; Caruso, Joe; Cutter, Jeff; Davenport, Joan; Dean, James; DeBusschere, Suzanne; Denman, Glenn; Futrell, Kevin; lbarra, Rosalinda; Kallevig, Dana; Kunkler, Mark; Layman, Randy; MatthewsArchie; Maxey, Lisa; Meloy, Randy; Riddle, Dan; Rizzi, Dominic; Schafer, Scott; Shane, Mike; Soptich, Mark; Zammarchi, Loretta; AhtunumIrrigation District Beth Ann Brulotte; Cascade Natural Gas Jim Robinson; Cawley, Marc; Chamber of Commerce; Department of Commerce (CTED) Review Team; Department of Ecology SEPA Register; Department of Ecology -CRO Coordinator; Department of Fish and Wildlife Eric Bartrand; Department of Fish and Wildlife Scott Downes; Department of Natural Resources; Department of Social & Health Services Jeanne Rodriguez; Dept Archaeology & Historic Preservation SEPA Review; Desgrosellier, Bob; Energy Facility Site Evaluation Council Stephen Posner; Nob Hill Water Bob Irving; Office of Rural & Farmworker Housing Marty Miller; Peterson, Robert; US Army Corps of Engineers Deborah J Knaub; West Valley School District Angela Watts; WSDOT Carter Timmerman; WSDOT Paul Gonseth; WSDOT Rick Holmstrom; Yakama Bureau of lndian Affairs Rocco Clark; Yakama Nation Environmental Management Program Cialita Keys; YakamaKlickitat Fisheries John Marvin; Yakima County Commissioners; Yakima County Health District; Yakima County Health District Ryan bach; Yakima County Planning Director Lynn Deitrick; Yakima County Public Services Director, Vern Redifer; Yakima Greenway Foundation Al Brown; Yakima Regional Clean Air Agency Hasan Tahat; Yakima VaIIey Conference of Governments Joseph Calhoun; Yakima Valley Conference of Governments - Shawn Conrad; Yakima Valley Museum John A. Baule; Yakima Waste Systems Keith Kovalenko Cc: Peters, Jeff Subject: Notice of Retention of DNS -1-502 Marijuana Regulation - SEPA#01316 Attachments: NOTICE OF RETENTION OF DNS -1-502 Marijuana Regulation SEPA.PDF Attached is a Notice of Retention of Determination of Non -Significance (DNS) regarding the above -entitled project. If you have any questions regarding this notice, please contact assigned planner JeffPeters at (509) 575-6163 or by email at jeff.peters@yakirnawa.gov. Thank you! Lisa M ey Depa ent Assistant II it of Y kim P1 nnin Divi ion (50n576-vvvv-usa.Mxxey@pv'muvm.gov 129 N. 2nd St. Yakima, WA 98901 1 DE ARI"1 TENT OF COMMUNITY DEVELOPMENT rTing Division n oah Davenport, AICP, Director 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning CITY OF YAKIMA r arming CITY OF YAKIMA DETERMINATION OF NON -SIGNIFICANCE NOTICE OF RETENTION June 16, 2016 SEPA File No. 013-16 The City of Yakima Department of Community and Economic Development issued a: [X] Determination of Nonsignificance (DNS), [ ] Mitigated Determination of Nonsignificance (MDNS), [ ] Modified DNS/MDNS, on May 27, 2016, for this proposal under the State Environmental Policy Act (SEPA) and WAC 197-11-340(2). This retention concerns an amendment to the City of Yakima's Urban Area Zoning Ordinance Yakima Municipal Code (YMC) Title 15 adding new land use regulations pertaining to the location of 1-502 Recreational Marijuana retailers, producers and processors in proximity to sensitive uses. This threshold determination is hereby: [X] Retained [ ] Modified. Modifications to this threshold determination include the following: [ ] Withdrawn. This threshold determination has been withdrawn due to the following: [ ] Delayed. A final threshold determination has been delayed due to the following:' Summary of Comments and Responses (if applicable): N/A Responsible official: Position/Title: Phone: Address: Joan Davenport, AICP' Community Dev to ment Director/ 'A Reap nsiCie Official (509) 575-6183 129 N 2nd Street, Yakima, WA 98901 Date: June 16, 2016 Signature: You may appeal this determination to Joa fiavenport, City of Yakima Community Development Director, at 129 N 2nd St., Yakima, WA 98901, no later than June 30, 2016. You must submit a completed appeal application form with the $580 application fee. Be prepared to make specific factual objections. Contact the City of Yakima, Planning Division, for information on appeal procedures. Doc. INDEX -Lo 2015 1994 WI P 6ffilirm SIGN -IN SHEET City of Yakima Planning Commission City Hall Council Chambers Thursday June 16, 2016 Beginning at 5:30 p.m. Public Hearing *p EASE WRITE LEGIBLY* a . 1 P 6ii-Thimnb Page 1 06/16/2016 YPC Meeting DOC. INDEX # F-5 PI „ta (ay OF YAKIMA DEPARTMENT OF COMMUNITY DEVELOPMENT P1 an n ng 1)1\ ision Joan Davenport, AICP, Director 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.goviservices/planning City of Yakima Planning Commission PUBLIC HEARING City Hall Council Chambers Thursday June 16, 2016 5:30 p.m. - 8:00 p.m. YPC Members: Chairman Scott Clark, Vice -Chair Patricia Byers, Al Rose, Bill Cook, Peter Marinace, Gavin Keefe Council Liaison: Mayor Avina Gutierrez City Planning Staff: Joan Davenport (Community Development Director/Planning Manager); Jeff Peters (Supervising Planner); Valerie Smith (Senior Planner); Trevor Martin (Associate Planner); Eric Crowell (Assistant Planner); Rosalinda Ibarra (Administrative Assistant); and Lisa Maxey (Department Assistant) Agenda L Call to Order II. Roll Call III. Staff Announcements IV. Approval of Meeting Minutes of June 1, 2016 and June 8, 2016 V. Public Hearing - 1-502 Marijuana Regulation (SEPA#013-16) VI. Other Business VII. Adjourn Next Meeting: June 22, 2016 DOC, INDEX Firgigraiiiifirgr dFitiggitaggiFet pCITY OF YAKIMA arming DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division Joan Davenport, AICP, Director 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.planninggyakimawa.gov • www.yakimawa.gov/services/planning City of Yakima Planning Commission STUDY SESSION City Hall Council Chambers Wednesday June 8, 2016 3:00 p.m. - 5:00 p.m. YPC Members: Chairman Scott Clark, Vice -Chair Patricia Byers, Al Rose, Bill Cook, Peter Marinace, Gavin Keefe Council Liaison: Mayor Avina Gutierrez City Planning Staff: Joan Davenport (Community Development Director/Planning Manager); Jeff Peters (Supervising Planner); Valerie Smith (Senior Planner); Trevor Martin (Associate Planner); Eric Crowell (Assistant Planner); Rosalinda Ibarra (Administrative Assistant); and Lisa Maxey (Department Assistant) Agertda I. Call to Order 11. Roll Call III. Staff Announcements IV. Audience Participation V. Approval of Meeting Minutes of June 1, 2016 VI. Continued Study Session on 1-502 Marijuana Regulation VII. Public Comment on 1-502 Marijuana Regulation VIII. Other Business IX. Adjourn Next Meeting: June 16, 2016 (Special Meeting - Public Hearing @5:30 p.m.) Yakima s ma ws.A. SAAN p aclichrem SIGN IN SHEET City of Yakima Planning Commission City Hall Council Chambers Wednesday June 8,2016 Beginning at 3:00 p.m. Study Session *PLEASE WRITE LEGIBLY* 14 sa1.10 pCOY OF YACMA arming INDEX 06/08/2016 YPC Meeting #0, ,... aweiThonyAK,mA ing DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division Joan Davenport, AICP, Director 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning City of Yakima Planning Commission SPECIAL STUDY SESSION City Hall Council Chambers Wednesday June 1, 2016 3:00 p.m. - 5:00 p.m. YPC Members: Chairman Scott Clark, Vice -Chair Patricia Byers, Al Rose, Bill Cook, Peter Marinace, Gavin Keefe Council Liaison: Mayor Avina Gutierrez City Planning Staff: Joan Davenport (Community Development Director/Planning Manager); Jeff Peters (Supervising Planner); Valerie Smith (Senior Planner); Trevor Martin (Associate Planner); Eric Crowell (Assistant Planner); Rosalinda Ibarra (Administrative Assistant); and Lisa Maxey (Department Assistant) Agenda I. Call to Order II. Roll Call III. Staff Announcements IV. Audience Participation V. Approval of Meeting Minutes of May 11, 2016, May 24, 2016, and May 25, 2016 VI. Continued Study Session on 1-502 Marijuana Regulation VII. Public Comment on 1-502 Marijuana Regulation VIII. Other Business IX. Adjourn Next Meeting: June 8, 2016 Yakima iipr 2015 1994 ass. OSS SASS P dYnOnifimd sIGN4N SHEET City of Yakima Planning Commission City Hall Council Chambers Wednesday June 1, 2016 Beginning at 3:00 p.m. Special Study Session *PLEASE WRITE LEGIBLY* Page 1 06/01/2016 YPC Meeting INDEX # AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: SEPA#013-16 1-502 Marijuana Regulation Citywide I, Lisa Maxey, as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Application, YPC Public Hearing & DNS. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant and all property owners of record within a radius of 300 feet of subject property, that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 27th day of May, 2016. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Lisa Maxey Department Assistant II DOC. INDEX # a Ahtanum Irrigation District Beth Ann Brulotte, Executive Assistant 10705-B Gilbert Road Yakima, WA 98903-9203 bethb@ahtanum.net Department of Commerce Growth Management Services, P.O. Box 42525 Olympia, WA 98504-2525 reviewteam@commerce.wa.gov Cascade Natural Gas Jim Robinson, Field Facilitator 701 South 1st Ave Yakima, WA 98902 Jim.robinson@cngc.com Chamber of Commerce 10 North 9th Street Yakima, WA 98901 chamber@yakima.org Department of Fish and Wildlife Eric Bartrand 1701 South 24th Ave Yakima, WA 98902 Eric.Bartrand@dfw.wa.gov Scott.Downes@dfw.wa.gov Department of Ecology Annie Szvetecz, SEPA Policy Lead P.O. Box 47703 Olympia, WA 98504-7703 separegister@ecy.wa.gov Department of Ecology Gwen Clear 1250 West Alder Street Union Gap, WA 98903 crosepacoordinator@ecy.wa.gov Department of Natural Resources SEPA Center PO Box 47015 Olympia, WA 98504 sepacenter@dnr.wa.gov Department of Social & Health Services Jeanne Rodriguez P.O. Box 45848 Olympia, WA 98504 Jeanne.rodriguez@dshs.wa.gov Dept of Archaeology & Historic Preservation Greg Griffith or Gretchen Kaehler, Deputy State Historic Preservation Officer P.O. Box 48343 Olympia, WA 98504-8343 dahp.separeview@dahp.wa.gov Nob Hill Water Association Engineering Technician 6111 Tinton Drive Yakima, WA 98908 evb nabhiltwatecorg Energy Facility Site Evaluation Council -EFSEC Stephen Posner, SEPA Officer PO Box 43172 Olympia, WA 98504-3172 sposner@utc.wa.gov Office of Rural and Farm Worker Housing Marty Miller 1400 Summitview Ave, Ste# 203 Yakima, WA 98902 Martym2@orfh.org Engineering Division Dana Kallevig and Debbie Cook, City Engineer 129 N 2nd Street Yakima, WA 98901 dana.kallevig@yakimawa.gov debbie.cook@yakimawa.gov U.S. Army Corps of Engineers, Regulatory Branch Deborah Knaub, Project Manager P.O. Box 3755 Seattle, WA 98124-3755 Deborah,J,Knaub@usace.army.mil Wastewater Division Marc Cawley or Dana Kallevig 2220 East Viola Ave Yakima, WA 98901 marc.caffteyQvakirnawAgov danffkaileff taffakimawAgov West Valley School District Angela Watts, Asst. Supt. Of Business & Operations 8902 Zier Road Yakima, WA 98908-9299 wattsa@wvsd208.org WSDOT Paul Gonseth, Planning Engineer 2809 Rudkin Road Union Gap, WA 98903 gonsetp@wsdot.gov WSDOT Rick Holmstrom, Development Services 2809 Rudkin Road Union Gap, WA 98903 holmstr@wsdotwa.gov WSDOT, Aviation Division Carter Timmerman 7702 Terminal St SW Tumwater, WA 98501 timmerc@wsdot.wa.gov Yakama Bureau of Indian Aff irs fSateryrertiWsanglemann, o- # y Superintendent P.O. Jp. enieff WA 98948 '"—Stevemangemann@bia.goa Yakama Bureau of Indian Affairs Rocco Clark, Environmental Coordinator P.O. Box 632 Toppenish, WA 98948 Rocco.clark@bia.gov Yakima County Commissioners Commissioners.web@co.yakima.wa.us Yakama-Klickitat Fisheries Project John Marvin 760 Pence Road Yakima, WA 98909 jmarvin@yakama.com Yakima Air Terminal Robert Peterson, Airport Asst Manager 2400 West Washington Ave Yakima, WA 98903 robert.peterson@yakimawa.gov Yakima County Health District Ryan lbach, Director of Environmental Health 1210 Ahtanum Ridge Dr Ste#200 Union Gap, WA 98903 yhd@co.yakima.wa.us ryan.ibach@co.yakima.wa.us Yakima County Public Services Lynn Deitrick, Planning Director 128 North 2nd Street, 4th Floor Yakima, WA 98901 Lynn.Deitrick@co.yakima.wa.us Yakima County Public Services Vern Redifer, Public Services Director 128 North 2nd Street, 4th Floor Yakima, WA 98901 Vern.redifer@co.yakima.wa.us Yakima Valley Conference of Governments Shawn Conrad and Joseph Calhoun, Planner 311 North 4th Street, Ste# 202 Yakima, WA 98901 conrads@yvcog.org calhounj@yvcog.org Yakima Greenway Foundation Al Brown, Executive Director 111 South 18th Street Yakima, WA 98901 al@yakimagreenway.org Yakima Valley Museum John A. Baule, Director 2105 Tieton Drive Yakima, WA 98902 john@yakimavalleymuseum.org Yakima Regional Clean Air Agency Hasan Tahat, Engineering & Panning Supervisor 329 North 1st Street Yakima, WA 98901 hasan@yrcaa.org Yakima Waste Systems Keith Kovalenko, District Manager 2812 1/2 Terrace Heights Dr, Yakima, WA 98901 keithk wasteconnettlons,com Manager 8 South 2nd Avenm#304 Century Link Yakima, WA 98902 Charter Communications Chi!cote zU0sNorth 16thAve Yakima, WA 98902 City of Union Gap David Spurlock, Development Director r.n.Box 30U8 Union Gap, WA 98903 Department of Agriculture Kelly McLain p.o.Box 4zs*o Olympia, WA 98504 Environmental Protection Agency NEPA Review Unit 1200 6th Ave. MS 623 Seattle, WA 98101 Federal Aviation Administration, Seattle Airports District Offic Cayla Morgan, Airport Planner 1601 Lind Ave SW Renton, WA 98055-4056 SoiI Conservation District Ray Wondercheck 1606 Perry Street, Ste. F Yakima, WA 98902 Governor's Office of Indiari Affairs pnBox 40909 Olympia, WA 98504 Trolleys Paul Edmondson 313 North 3rd Street Yakima, WA 98901 Federal Aviation Administration 2200 W. Washington Ave Yakima, WA 98903 Pacific Power Mike Paulson 500 North KeyRd Yakima, WA 98901 United States Postal Service Jeff McKee 205 W Washington Ave Yakima, WA 98903 WA State Attorney General's Othce 1433 Lakeside Court, Ste# 102 Yakima, WA 98902 WA State Dept of Health, Office of Drinking Water Christine Collins 16201 E Indiana Ave, Ste# 1500 Spokane Valley, wA99zz6 Yakama Bureau of Indian Affairs Superintendent pO.Box 632 Toppenish, WA 98948 Yakama Indian Nation Johnson Meninick, Cultural Resource Program p.o.Box 1s1 Toppenish, WA 98948 Yakima School District Dr. Jack Irion, Superintendent 104 North 4th Ave Yakima, WA 98902 Yakama Indian Nation Ruth Jim, Yakima TribaI Council p.o.Box zsz Toppenish, WA 98948 Yakima VaIIey Canal Co Robert Smoot 1640 Garretson Lane Yakima, WA 98908 Yakama Nation Environmental Managemen Program Kristina Proszek, Environmental Review Coordinator p.o.Box zs1 Toppenish, WA 98948 YaNma-TietonIrrigation District Sandra Hull 470 Camp 4 Rd Yakima, WA 98908 Cascade Natural Gas 8113 W Grandridge Blvd Kennewick, WA 99336 }C Type of Notice: kyo and FORMASEPA REVIEWING AGENCIES _update05.16.16 - Form LIst.docx File Number: f" 40E5 -lib Date of Mailing: 5 Parties of Record — 1-502 Marijuana Regulation — Stt'A#013-16 Stefanie Thompson 703 S 38th Ave #9 Yakima, WA 98902 Walt Ranta 5 S 32nd Ave Yakima, WA 98902 Eric Larson 7202 W Nob Hill Blvd Yakima, WA 98908 etarson1918ghotmaiLeam Lynnette Whitney 1 nnettc.erin47(filmailcom Mark Hummel hummgim0 agmaitem Jeffrey D McPhee 131 McPhee Road Naches, WA 98937 °effre .mcs. akimaAicloud.co Scott Clark 732 Summitview Ave, 4608 Yakima WA 98902 selark©stelzerelark.com Alfred A. Rose 1006 Westbrook Place Yakima, WA 98908 Saail.r7vrofx, 40egabm4miiit:coe tm Patricia Byers 1530 Suncrest Way Yakima, WA 98902 Patbyers907@msn.com Peter Marinace 1526 S. 67th Avenue Yakima, WA 98908 PMarirtace@barmerbank.com William Cook 7701 Graystonc Court Yakima, WA 98908 Cook.w@charter.net Gavin Keefe 415 N. 44th Avenue Yakima, WA 98908 virikcefe49: aiLrorn In -House Distribution E-mail List Name Division E-mail Address Carolyn Belles Code Administration Carolyrt.Belles(Mvakirrtawa.,.ov Glenn Denman Code Administration Glerni,DertroaoMpyakimawa.gov Joe Caruso Code Administration JoeCaruo akimawa..ov Suzanne DeBusschere Code Administration SuLann, Debusscherei akimawm ov Dan Riddle Engineering Dan.Riddie akimawa,,. ov Mike Shane Engineering Mike Shane • yakimawmgov Mark Soptich Fire Dept tViark.Sootich@vakimawa.gov Jeff Cutter Legal Dept iefteutter@yakimawmgov Mark Kunkler Legal Dept Mark Kunkler akanawa, ov Archie Matthews ONDS ArhieMaUhews alcitatawa ov Joan Davenport Planning Joan.Daven cat yakimawa.gov Chief Rizzi Police Department Dc)rninia,Rizz* akanawa.lov Scott Schafer Public Works Dept ScoaSchafer@vakima 1.gov Loretta Zammarchi Refuse Division Loretta.Z: marchi akimawa. ov Randy Layman Refuse Division Rand ,La man akimawa.lov Kevin Futrell Transit Division Kevin.Futrell • akirnawa„ ov James Dean Utilities Jams Dean akimawa. ov Dana Kallevig Wastewater DanaKalinvO a yakimawmgov Randy Meloy For the Record/File Wastewater Randy.Meloy(yakimawmgov Binder Copy Revised 05/2016 Type of Notice: File Number: Date of Mailing: -t( DOC. INCq .2 Maxey, Lisa From: Maxey, Lisa Sent: Friday, May 27, 2016 11:03 AM To: Brown, Michael; Crockett, Ken; Daily Sun News Bob Story; Ibarra, Rosalinda; KAPP TV News; KBBO-KRSE Radio manager; KCJT TV News; KDNA Radio; KEPR TV NewsKIMA TV News; KIMA TV News Crystal 8ui;0T/KATS/DMVVV/KFFK4 Lance Tormey; KNDO TV News; KUNS-TV Univision; KVEW TV News; Lozano, Bonnie; NWCN News; NWPR Anna King; Randy Luvaas Yakima Business Times; Reed C. Pell; Tu Decides Albert Torres; Yakima Herald Republic - Craig Troianello; Yakima Herald Republic Mai Hoang; Yakima Herald Republic Mark Morey; Yakima Herald Republic Mike Faulk; Yakima Herald Republic Newspaper; Yakima Valley Business Times; Yakima Valley Business Times George Finch; Beehler, Randy; Belles, Carolyn; Brown, David; Caruso, Joe; Cutter, Jeff; Davenport, Joan; Dean, James; DeBusschere, Suzanne; Denman, Glenn; Futrell, Kevin; Kallevig, Dana; KunNer, Mark; Layman, Randy; Matthews, Archie; Maxey, Lisa; Meloy, Randy; Riddle, Dan; Rizzi, Dominic; Schafer, Scott; Shane, Mike; Soptich, Mark; Zammarchi, Loretta; Allyn, Kaarre; Beehler, Randy; Bill & Linda Beerman; City of Union Gap; City of Union Gap; Claar Tee, Sonya; CWHBA Joe Walsh (E-mail); Danielle Surkatty; David Gaudette; David Kearby Associated General Contractors of WA; Davido, Sean; Dianna Woods; Doug CareyEvodio Reyes; Farmworker Housing Marty MilIer (E-mail); James Carmody; Ken Camarata AIA; Crockett, Ken; Luz Bazan Gutierrez RCDR; Mike & Cindy Noble; Mike Dooley Wilbert Precast; Mike Shinn; Peters, Jeff; Phil Hoge; Price, Cally; Ralph Call; Robert Lockhart; Ron Pelson (ron@traditionaldesignsinc.com); Sandy Lloyd; Smith, Valerie; Steve Erickson; Steve S; Terrence Danysh; Terry Keenhan; Thomas Carroll; Walt Ranta; Al Rose; Alfred A. Rose (silvrfx40@bmi.net); Gavin Keefe; Gutierrez, Avina; Patricia Byers; Peter Marinace; Scott Clark; Watkins, Sara; William Cook (cookxv@charterneU;AhtonumIrrigation District Beth Ann Brulotte; Cascade Natural Gas Jim Robinson; Cawley, Marc; Chamber of Commerce; Department of Commerce ([TE[) Review Team; Department of Ecology SEPA Register; Department of Ecology CRO Coordinator; Department of Fish and Wildlife Eric Bartrand; Department of Fish and Wildlife Scott Downes; Department of Natural Resources; Department of Social & Health Services Jeanne Rodriguez; Dept Archaeology & Historic Preservation SEPA Review; Desgrosellier, Bob; Energy Facility Site Evaluation Council Stephen Posner; Nob Hill Water Bob Irving; Peterson, Robert; US Army Corps of Engineers Deborah Knaub; West Valley School District Angela Watts; WSDOT Carter Timmerman; WSDOT Paul Gonseth; WSDOT Rick Holmstrom; Yakama Bureau of Indian Affairs Rocco Clark; YakamaKlickitat Fisheries John Marvin; Yakima County Commissioners; Yakima County Health District; Yakima County Health District Ryan Ibach; Yakima County Planning Director Lynn Deitrick; Yakima County Public Services Director, Vern Redifer; Yakima Greenway Foundation Al Brown; Yakima Regional Clean Air Agency Hasan Tahat; Yakima Valley Conference of Governments Joseph Calhoun; Yakima Valley Conference of Governments Shawn Conrad; Yakima Valley Museum John A. Baule; Yakima Waste Systems Keith Kovalenko Cc: Peters, Jeff Subject: Notice of Application, Public Hearing, and DNS 1'502 Marijuana Regulation SEPA# 013 -16 Attachments: NOTICE OF APPUCATION, PUBLIC HEARING & DNS - 1-502 Marjuana Regulation SEPA.pdf Attached is a Notice of Application, Public Hearing, and Determination of Non -Significance (DNS) regarding the aboveentitled project. If you have any questions about this proposal please contact assigned planner Jeff Peters at (509) 575 DOC.- IND 1 6163 or by email at Lisa M ey Asps ent Assist t II tt . f Yakizxn Pl4.in rn Di%tis . n (509) 576-6669 — Lisa.Maxey@yakimawa.gov 129 N. 2nd St. Yakima, WA 98901 2 DOC. A um, PIC A daily part of your life yakima-herald.com Ad Proof This is the proof of your ad scheduled to run on the dates indicated below. Please proof read notice carefully to check spelling and run dates, if you need to make changes Date: 05/26/16 Account #: 110358 Company Name: CITY OF YAKIMA PLANNING Contact: ROSALINDA IBARRA Address: 129 N 2ND STREET YAKIMA, WA 98901-2720 Telephone: (509) 575-6164 Fax: Account Rep: Phone # Email: Simon Sizer (509) 577-7740 ssizer@yakimaherald.com Ad ID: 649495 Start: 05/27/16 Stop: 05/27/16 Total Cost: $277.40 Lines: 152.0 # of Inserts: 1 Ad Class: 6021 Run Dates: Yakima Herald -Republic 05/27/16 CITY OF YAKIMA NOTICE OF APPLICATION, PUBLIC HEARING AND DETERMINATION OF NON -SIGNIFICANCE DATE: May 27, 2016: TO: SEPA Reviewing Agencies, and Inter- ested Parties: FROM: Joan Davenport, Community Development Manager: SUBJECT: Notice of Application, Public Hearing and Determination of Non -Significance: NOTICE OF APPLICA- TION: Project Location: Citywide: Project Applicant: City of Yakima, Planning Division: File Numbers:SEPA #013-16: Date of Application: May 27, 2016: Date of Determination of Com- pleteness: May 27, 2016: PROJgCT DESCRIPTION: The City of Yakima Planning Department is proposing an amendment to the City of Yakima's Urban Area Zoning Ordinance adding new land uses and regulations to YMC Ch. 15.04 Table 4-1 Permitted Land Uses, and Ch. 15.09 Special Development Standards relating to 1-502 Marijuana Uses. The draft ordinance more specifically proposes language to: 1) Repeal the City's ban on marijuana uses YMC § 15.01.035; 2) Adopt the state statutory buffer zones for rec- reational marijuana uses and neighborhood cooperatives, oras otherwise proposed to be reduced or increased by the Yakima City Planning Commission; 3) Amend YMC 15.04 Table 4-1 Permitted Uses to permit: A) Recreational marijuana producers as a Class (1) Permitted Use in the Light Industrial (M-1), and Heavy Indus- trial (M-2) zoning districts; B) Recreational marijuana retailers in the Small Convenience Center (SCC), Large Convenience Center (LCC), Central Business District (CBD), General Commercial (GC), Regional Development (RD) zoning districts, and Airport Service Districts (AS); and C) Prohibit recreational marijuana uses in all other zoning districts; and 4) Amend YMC Ch. 15.09 Spe- cial Development Standards to include or make reference to all required definitions, provisions, or regulations provided for in state law, and all other land use or licensing controls/regulations/provi- sions developed by the City of Yakima Planning Commission.: The draft ordinance has been created to provide a framework which encompasses all applicable state laws regarding 1-502 Legislation and uses, and is the starting point for further development of land use controls by the City of Yakima Planning Commission. (See Environmental Checklist SEPA#013-16 for further description and explanation online at: https://www.yakimawa.gov/services/ plannin /502-information-proposed-land-use-amendmentsl) ENVIRONMENTAL REVIEW: The City of Yakima has reviewed the proposed project for probable adverse environmental impacts, and has determined that it does not have a probable significant adverse impact on the environment. An environmental impact` statement (EIS) is not required under RCW 43.21C.030 (2);(c). The information relied upon in reaching this determination is avail- able to the public upon request at the City of Yakima Planning Division. This DNS is issued under WAC §197-11-340(2); and the lead agency will not act ort this proposat for 20 days from the date of this notice:: Joan Davenport. AIC' SEPA Responsible Official; (599) 575-Q1;83,122JV• 2nd Street. Yakima, WA 98901: Date: May 27, 2016: REctug$T FOR WRITTEN COMMENTS. Agencies, tribes, and the public are encouraged to review and comment on the proposed application. Alt written comments received by June 16, 2018, will be considered prior issuance of the final threshold determination. Pleases send written comments to: Joan Davenport, ACP, Community Development Manager; City of Yakima, Depart- ment of Community Development; 129 North 2nd Street, Yakima, Washington 98901, or by email to ask.planning reyakimawa.gov: NOTICE OF DECISIQN;„Decisions and future notices will be sent to anyone who submits comments on this application or request additional notice. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd Street, Yakima, Washington. 11 you have any question on this proposal, please call Jeff Peters, Supervising Planner at (509) 575-6163 or e-mail at jeff.peters@ yakimawa.gov.:NQTICE OF PUBLIC HEARING This application will require two public hearings; one before the City of Yakima Planning Commission to be followed by a public hearing before the Yakima City Council. The public hearing before the City of Yakima Planning Commission has been scheduled for June, 16, 2016, beginning at 5:30 pm, in the Council Chambers, City Hall, 129 N 2nd Street, Yakima, WA'. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit their written comments to: City of Yakima, Planning Divi- sion, 129 ivi=sion,;129 N 2nd St., Yakima;; WA 98901. A separate public notice will be provided for the public hearing before the Yakima City Council. (649495) May 27, 2016 Courtesy of Yakima Herald -Republic DOC INDEX Public,l el Notices Public Le al Notices CITY OF YAKIMA NOTICE OF APPLICATION, PUBLIC HEARING AND DETERMINATION OF NON -SIGNIFICANCE DATE: May 27, 2016: TO: SEPA Reviewing Agencies, and Inter- ested Parties: FROM: Joan Davenport, Community Development Manager: SUBJECT: Notice of Application, Public Hearinand Determination of Non -Significance: NOTICE OF APPLIGA TION: Project Location: Citywide: Project Applicant: City of Yakima, Planning Division: File Numbers:SEPA #013-16: Date of Application: May 2Z 2016: Date of Determination of Com- pleteness: May 27, 2016: PROJECT DESCRIPTION: The City of Yakima Planning Department Is proposing an amendment to the City of Yakima's Urban Area Zoning Ordinance adding new land uses and regulations to YMC Ch, 15,04 Table 4-1 Permitted Land Uses, and Ch. 15.09 Special Development Standards relating to 1-502 Marijuana Uses, The draft ordinance more specifically proposes language to: 1) Repeal the City's ban on marijuana uses YMC § 15.01.035; 2) Adopt the state statutory buffer zones for rec- reational marijuana uses and neighborhood cooperatives, or as otherwise proposed to be reduced or increased by the Yakima City Planning Commission; 3) Amend YMC 15,04 Table 4-1 Permitted Uses to permit: A) Recreational marijuana producers as a Class (1) Permitted Use in the Light Industrial (M-1), and Heavy Indus- trial (M-2) zoning districts; E3) Recreational marijuana retailers in the Small Convenience Center (SCC), Large Convenience Center ((LCC), Central Business District CBD), General Commercial (GC), Regional Development (RD) zoning districts, and Airport Service Districts (AS); and 0) Prohibit recreational marijuana uses in all other zoning districts; and 4) Amend YMC Ch. 15.09 Spe- cial Development Standards to Include or make reference to all required definitions, provisions, or regulations provided for in state law, and all other land use or licensing controls/regulations/provi- sions`developed by the City of Yakima Planning Commission:: The draft ordinance has been created to provide a framework which encompasses all applicable state laws regarding 1-502 legislation and uses, and Is the starting point for further development of land use controls by the City of Yakima Planning Commission. (See Environmental Checklist SEPA#013-16 for further description and explanation online at: https://www.yakimawa.gov/services/ planning/502-information-proposed-land-use-amendments/) : ENVIRONMENTAL REVIEW., The CIIy of Yakima has reviewed the proposed project for probable adverse environmental Impacts, and has determined that it does not have a probable significant adverse Impact on the environment, An environmental impact statement (EIS) Is not required under RCW 43.21C.030 (2) (c), The Information relied upon in reaching this determination is avail- able to the public upon request at the City of Yakima Planning Division. This DNS Is Issued under WAC § 197-11-340(2); and the lead agency will not act on this proposal for 20 days from the date of this notice.: Joan Davenport. AICP. SEPA Respon5ibie Official, (509) 575-6183. 129 N. 2nd Street. Yaklma. WA 98901; Date: May 27, 2016: ReQUEST FOR WRITTEN COMMENTS: Agencies, tribes, and the public are encouraged to review and comment on the proposed application. All written comments received by June 16, 2016, will be considered prior Issuance of the final threshold determination. Please send written comments to: Joan Davenport, AICP, Community Development Manager; City of Yakima, Depart- ment of Community Development; 129 North 2nd Street, Yakima, Washington 98901, or by email to ask.planning CO yaklmawa.gov: NOTICE OF DECISION; Decisions and future notices will be sent to anyone who submits comments on this application or request additional notice. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd Street, Yakima, Washington. If you have any question on thls proposal, please call Jeff Peters, Supervising Planner at509) 575-6163 or a -mall at jeff.peters@ yaklmawa.gov.:NOTICE OF PUBLIC HEARING This application will require two public hearings; one before the City of Yakima Planning Commission to be followed by a public hearing before the Yakima City Council, The public hearing before the City of Yakima Planning Commission has been scheduled for June, 16, 2016, beginning at 5;30 pm, In the Council Chambers, City Hall, 129 N 2nd Street, Yakima, WA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit their written comments to: City of Yakima, Planning Divi- sion, 129 N 2nd St., Yakima, WA 98901, A separate public notice will be provided for the public hearing before the Yakima City Council, (649495) May 27, 2016 pl acrrhonvYthato DEPAKTMENT OF COMMUNITY DEVELOrMENT Planning Division Joan Davenport, AICP, Director 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask. planning@yakimawa.gov • www.yakimawa. go v/service s/p lannin g CITY QF YAKIMA NOTICE OF APPLICATION, PUBLIC HEARING AND DETERMINATION OF NON- SIGNIFICANCE DATE: TO: FROM: SUBJECT: May 27, 2016 SEPA Reviewing Agencies, and Interested Parties Joan Davenport, Community Development Manager Notice of Application, Public Hearing and Determination of Non - Significance NOTICE OF APPLICATION Project Location: Citywide. Project Applicant: City of Yakima, Planning Division File Numbers: SEPA #013-16 Date of Application: May 27, 2016 Date of Determination of Completeness: May 27, 2016 PROJECT DESCRIPTION The City of Yakima Planning Department is proposing an amendment to the City of Yakima's Urban Area Zoning Ordinance adding new land uses and regulations to YMC Ch. 15.04 Table 4-1 Permitted Land Uses, and Ch. 15.09 Special Development Standards relating to 1-502 Marijuana Uses. The draft ordinance more specifically proposes language to: 1. Repeal the City's ban on marijuana uses YMC § 15.01.035,; 2. Adopt the state statutory buffer zones for recreational marijuana uses and neighborhood cooperatives, or as otherwise proposed to be reduced or increased by the Yakima City Planning Commission; 3. Amend YMC 15.04 Table 4-1 Permitted Uses to permit: a. Recreational marijuana producers as a Class (1) Permitted Use in the Light Industrial (M-1), and Heavy Industrial (M-2) zoning districts; b. Recreational marijuana retailers in the Small Convenience Center (SCC), Large Convenience Center (LCC), Central Business District (CBD), General Commercial (GC), Regional Development (RD) zoning districts, and Airport Service Districts (AS); and c. Prohibit recreational marijuana uses in all other zoning districts; and 4. Amend YMC Ch. 15.09 Special Development Standards to include or make reference to all required definitions, provisions, or regulations provided for in state DOC. INDEX Yakima 2015 1994 law, and all other land use or licensing controls/regulations/provisions developed by the City of Yakima Planning Commission. The draft ordinance has been created to provide a framework which encompasses all applicable state laws regarding 1-502 legislation and uses, and is the starting point for further development of land use controls by the City of Yakima Planning Commission. (See Environmental Checklist SEPA#013-16 for further description and explanation online at: https://w vakimawa.gov/serviceslplanning/502-information-proposed-land use -amendments!) ENVIRONMENTAL REVIEW The City of Yakima has reviewed the proposed project for probable adverse environmental impacts, and has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030 (2) (c). The information relied upon in reaching this determination is available to the public upon request at the City of Yakima Planning Division. This DNS is issued under WAC § 197-11-340(2); the lead agency will not act on this proposal for 20 days from the date below. Responsible Official: Position/Title: Phone: Address: Joan Davenport, AICA'' SEPA Responsible Official (509) 575-6183 129 N. 2nd Street, Yakima,1 VA Date: May 27, 2016 Signature: REQUEST FOR WRITTEN COMMENT Agencies, tribes, and the public are encouraged to review and comment on the proposed application. All written comments received by June 16, 2016, will be considered prior issuance of the final threshold determination. Please send written comments to: Joan Davenport, AICP, Community Development Manager; City of Yakima, Department of Community Development; 129 North 2nd Street, Yakima, Washington 98901; or by email to ask. planninq@yakimawa.gov. The following conditions have been identified that may be used to mitigate the adverse environmental impacts of the proposal: No impacts identified. Required Permits — None. Required Studies — None. Existing Environmental Documents: SEPA/GMA Integrated Environmental Summary. Preliminary determination of the development regulations that will be used for project mitigation and consistency: N/A NOTICE OF DECISION Decisions and future notices will be sent to anyone who submits comments on this application or request additional notice. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd Street, Yakima, Washington. If you have any question on this proposal, please call Jeff Peters, Supervising Planner at (509) 575-6163 or e-mail at ieff.peters cA.,yakimawa.govr. DOCe INDEX # .. NOTICE OF PUBLIC HEARING This application will require two public hearings; one before the City of Yakima Planning Commission to be followed by a public hearing before the Yakima City Council. The public hearing before the City of Yakima Planning Commission has been scheduled for June, 16, 2016, beginning at 5:30 pm, in the Council Chambers, City Hall, 129 N 2nd Street, Yakima, WA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit their written comments to: City of Yakima, Planning Division, 129 N 2nd St., Yakima, WA 98901. A separate public notice will be provided for the public hearing before the Yakima City Council. Encl.: SEPA Checklist, Draft Ordinance DOC. INDEX •,• !CITY OF YAKIMA P arming DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division Joan Davenport, AICP, Director 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask planning@yakimawa.gov • www.yakimawa.gov/services/planning City of Yakima Planning Commission SPECIAL STUDY SESSION City Hall Council Chambers Tuesday May 24, 2016 3:00 p.m. - 5:00 p.m. YPC Members: Chairman Scott Clark, Vice -Chair Patricia Byers, Al Rose, Bill Cook, Peter Marinace, Gavin Keefe Council Liaison: Mayor Avina Gutierrez City Planning Staff: Joan Davenport (Community Development Director/Planning Manager); Jeff Peters (Supervising Planner); Valerie Smith (Senior Planner); Trevor Martin (Associate Planner); Eric Crowell (Assistant Planner); Rosalinda Ibarra (Administrative Assistant); and Lisa Maxey (Department Assistant) Agenda I. Call to Order II. Roll Call III. Introduction of 1-502 Marijuana Regulation and Direction from City Council IV. Other Business V. Adjourn Next Meeting: May 25, 2016 @ 5:30 p.m. 2019 1994 ANN itlk, PI anhOfiYiAn'd SIGN -IN SHEET City of Yakima Planning Commission City Hall Council Chambers Tuesday May 24, 2016 Beginning at 3:00 p.m. Special Study Session *PLEASE WRITE LEGIBLY* .971: tiNX, 11111L. P I EinOn'inb Page 1 INDEX # - 05/24(2016 YPC eeting CITY PLANNING — I-502 MARIJUANA REGULATION SEPA#013-16 EXHIBIT LIST CHAPTER G Memoranda from City Legal Department G-1 G-2 emorandum from Mark Kunkler: Planning Issues — Lifting Marijuana Ban Memorandum from Sara Watkins: Marijuana Zoning and Regulatory Provisions - Other Jurisdictions 05/24/2016 05/24/2016 G-3 G-4 Memorandum from Sara Watkins: Additional Details Regarding Marijuana Uses Memorandum from Sara Watkins: Additional Details Regarding Marijuana Uses (pt. 2) 06/08/2016 06/16/2016 OF Y LEGAL DEP 200 South Third Street, Yakima, Washington 9890 (509)575-6030 Fax: (509)575-6160 MEMORANDUM June 10, 2016 TO: Planning Commission Members FROM: Sara Watkins, Senior Assistant City Attorney SUBJECT: Additional Detalis Regarding Marijuana Uses Dear Commission Members: There was a lot of discussion regarding notification of surrounding property owners/users at the Iast commission meeting. 1 did some additional research and reached out to other municipal attorneys to get an idea of what otherjurisdictions are doing. 1. The state -allowed notification language. Under the new Legislation: "A city, tovvn, or county may adopt an ordinance requiring individual notice by an applicant for a marijuana producer's, marijuana processors, marijuana researcher's, or marijuana retailer's license under this ohaptor, sixty days prior to issuance of the |inonse, to any elementary or secondary school, p|ayQround, recreation center or facility, child care canter, church, public park, public transit center, |ibrory, or any game arcade admission to which is not restricted to persons aged twenty-one years or older, that is within one thousand feet of the perimeter of the grounds of the establishment seeking licensure. The notice must provide the contact information for the liquor and cannabis board where any of the owners or operators of these entities may submit comments or concerns about the proposed business location. For the purposes of this subsection, "church" means a building erected for and used exclusively for religious worship and schooling or other activity in connection therewith." Thus, the City is allowed under the new legislation to enact a requirement that all applicants for the state Liquor and Cannabis Board license be required to notify any of the following that are within 1.000 feet of the proposed location: a. Elementary or secondary school; b. Playground; c. Recreation center or facility; U. Child care center; . e. Church; f. Public Park; Memorandum to Planning Commission June 10, 2016 Page 2 g. Public transit center; h. Library; or i. Arcade not restricted to persons 21 years old or older. This is the same Iist as the buffer zones, with the addition of churches. 2. What the state language does not include. The state authorized language does not include any other types of uses, such as residences, apartment complexes, other retail establishments, or businesses. | do not believe City could enact more restrictive language requiring notice to all property owners within 1.000 feet of a proposed retailer for purposes of the LCB licensing decision. The LCB has exclusive authority over the decision to issue a state license. In so doing, it is the only entity that can set up rules regarding applications and applicant requirements. Therefore, the Commission can not recommend increasing notice requirements other than as listed in the 2015 legislation, for the process of obtaining a state license for a marijuana business. 3. Local language. I inquired with other jurisdictions as to whether they required additional notification during the local licensing process for marijuana businesses. A number of cities use a Conditional Use Permit requirement for marijuana buoine000n, which requires additional notice to surrounding properties. For example, Walia Walia uses a heightened level of review to evaluate the following matters through a public hearing in front of the hearing examiner, where the hearing examiner is tasked with determining: a. That the use will not endanger the public health or safety if located and developed where pmop000d, and that the use will not allow conditions which will tend to generate nuisance conditions to adjoining properties; b. That the location and character of the use, if developed according to the plan as submitted and approved or conditionally oppnoved, will be compatible and in harmony with the area in which it is to be Iocated; c. That Conditional Use Permit approval would be in general conformity with the Walla Walia Urban Area Comprehensive Plan as amended; and d. That the use meets all required conditions and specifications set forth in the zone where it proposes to locate. VVWK8C2O]G.040;VVVVMC2O.173.O3O. The notice goes out to all adjacent property owners based on ownership records. WWMC Memorandum to Planning Commission June 10, 2016 Page 3 There is a specific purpose for the notice—the hearing examiner is required to make findings of fact on the four areas listed above, and determine whether it is appropriate to issue a conditional use permit. Practically speaking, business Iicenses are granted to businesses that fall under the requirements of the local ordinances. If locating a marijuana retailer in the CBD is a class 1 use, then it is presumed compatible, and as long as it meets the buffer requirements, the license will be issued by staff. The licensing process is set up so that businesses have the confidence that the ordinances will be applied evenly throughout a specific type of business. Unless a heightened review is r*quinyd, or a conditional use permit process is ouUined, allowing public comment on business licenses, after notice, could be problematic. If the Commission recommends (and Council apthe Ianguage regarding notificationat the state license level, then the protected uses, and churches, will be notified if they are within 1,000 feet of the proposed Iocation. The LCB then can use its procedures to review those comments and determine whether a state license should be granted. If the LCB determines based on public comment that a state license will be denied, then the City would not have any authority to issue a business Iicense to the Iocation. The current proposal has the uses as Class 1 uses. "Class (1) usesare those uses set forth and defined in the texand tabies of YMC Chapter 1504 and are considered compatible and are permitted on any site in the district, The administrative official shall review Class (1) uses for compliance with the provisions and standards of this title. "Class (2) usesare those uses set forth and defined in the text and tables ofYMC Chapter 15.O4and are generaily permitted throughout the district. However, site plan review by the administrative official is required in order to ensure compatibility with the intent and character of the district and the objectives of the Yakima urban area comprehensive plan. Public comment is worthwhile when the public has the opportunity to provide meaningful input on a subject. Here, if a use is a Class 1 use it is presumed compatible. PubIic comment would not change that Ianguage in the zoning code. Without elevating the use to a Ctass 2 use, or a Type 2 review under a Class 1 use (both of which would require formal public review and comment). In those cases, the Commission should outline the reasons why such heightened review is naqueatmd, and what the review will be evaluating (i.e. the four items above in the Walla Walla example). Type 2 review requires notification of adjacent property owners. Class 1 uses require Type 2 review only in specific circumstances: Class (1) uses require Type (2) review when: A. All or part of the development, except for agriculturabuildings, single-family dwellingsand duplexes, is in the floodplain or greenway overlay districts; O. All or part of a development is in the airport overlay (AO); Memorandum to Planning Commission June 10, 2016 Page 4 C. All or part of a development is in an institutiona(10) or master planned development overlay (PD) and is identified in a development agreement as requiring Class (2) approval; D. The proposed use includes hazardous material; E. The a|i rt requestsadjustmentofoneormomofthoxpeoifiudavn|opmant standards pursuant to YMC or F. All or part of the development requires a development plan and/or master plan. Therefmre, it is likely necessary to make marijuana uses a Class 2 use in the land use chart to require additional notice under a Type 2 review. Notice would then go to adjacent property owners, not to property owners within 1.000 feet of the proposed |ooation, pursuant to the language in YMC's zoning ordinances. INDEX �� CITY OF YjA LEGAL MEMORANDUM June 3, 2016 TO: Planning Commission Members FROM: Sara Watkins, Senior Assistant City Attorney SUBJECT: Additional Details Regarding Marijuana Uses Dear Commission Members: A number of questions arose during the June 1, 2016 Planning Commission meeting regarding various matters concerning marijuana producers, processors and retailers. This memo addresses some of those issues, with citations to the current regulations, charts regarding other jurisdictions' actions, and other references. 1. Can the City create buffers around churches? I found only one jurisdiction, Covington, which is considering a buffer zone of 1,000 feet around "churches, temples, synagogues, mosques or chapels." The code also allows reduction of that buffer with a conditional use permit. The planning commission report can be found here: http:// coingtowa,qv/0505.16%20.....Ianninq%2Commissin%2gena%2P cket.pdf In many jurisdictions, the notes from planning commission meetings where comments were taken indicate that commissions found that determining what constitutes a "church" or other place of worship is difficult. In Everett, churches requested to be added to the buffers in recent discussions about reducing buffer distances. The Planning Commission voted 4-2 to not add churches to the buffers. "Councilman Paul Roberts argued that from a land use perspective, it is difficult to regulate churches because the government would have to decide what counts as a church and what doesn't" while other councilmembers argued that "church" had an obvious meaning of a place where people congregate. Everett Council Passes Permanent Marijuana Business Regs, HeraldNet, July 5, 2015, http://www.heraldnet.com/article/20150709/NEWS01/150709210 INDEX Memorandum to Planning Commission June 10, 2016 Page 2 East Wenatchee also evaluated whether to have a church buffer of some sort, and after discussion, did not move forward to add that buffer zone to its ordinance. http://www.east- wenatchee.com/Home/ShowDocument?id=3062 In Tacoma, the Planning Commission evaluated comments which requested a buffer for churches. The Staff comments to this concern was: "Staff note that while this is feasible, it would significantly reduce the areas available for marijuana businesses, and add to the complexity of the review process. There are many categories and types of religious institutions, and staff are not aware of a definitive listing of them." http://cros.cityoftacoma.org/planning/Marijuana%20Requlations/Marijuana%20PC%20Review% 20Packet%20(12-17-14). pdf A pastor in Seattle has been calling for an amendment to the state law to add churches and youth centers to the buffer requirements since 2014, but the Legislature did not adopt any changes when it recently revised the law to allow reduction in buffer requirements. See generally, http:/ r.breakingchristiannews.com/articles/display art htm171D=14734 2. Examples of Jurisdictions, buffers and buffer distances Below is a chart of a number of jurisdictions that have zoning ordinances in place and their buffers (i.e. are they the state buffers only, or have they added items) and buffer distances, for your review: Jurisdiction Olympia Ellensburg Union Gap Prosser Walla Walla East Wenatchee Moses Lake ..... ............. Shelton George Electric City Buffers other than statutory items None Buffer between stores None None None None None Buffer between stores None None Buffer Distance 500 feet (other than playgrounds and schools) 750 feet generally (other than playgrounds and schools) 500 feet between retailers 1000 feet 1000 feet 1000 feet 1000 feet 1000 feet 500 feet (other than playgrounds and schools) 1000 feet between retailers_ 100 feet (other than playgrounds and schools) 100 feet (other than Memorandum to Planning Commission June 10, 2016 Page 3 Seattle Buffer between stores | sand - 1000 feet for playgrounds and schools Any lot line of property having a major marijuana activity that includes the retail sale of marijuana products, except that in Downtown Mixed Residential and Downtown Mixed Commercial zones within that portion of the Downtown Urban Center that is west of Interstate 5, north of Yesler Way, and south of Denny Way mjor marijuana activity that includes the retail sale of marijuana products must be 250 feet or more, must be 500 feet or more from any lot line of property on which any of the following uses as defined in WAC 314- 55-010 is established and operating: child care center; game arcade; Iibrary; public park; public transit center; or recreation center or facility; Any lot line of property having a major ma'uano activity that does not include the retail sale of marijuana products must be 250 feet or more from any lot line of property on which any ofthe following uses au defined in WAC 314-55-010 is established and operating: | child care center; game INDEX ��^ �� Memorandum to Planning Commission June 10, 2016 Page 4 arcade; Iibrary; public park; public transit center; or recreation center or facility; No more than two properties with major marijuana activity that includes the retail sale of marijuana products are allowed within 1000 feet of each other; where any lot lines of two properties with existing mjor marijuana activity that includes the retail sale of marijuana products are located within 1000 feet of each other, any lot line of another property with a new mjor marijuana activity that includes the retail sale of marijuana products must be 1000 feet or more from the closest lot line of the property containing existing mjor marijuana activity that includes the retail sale of marijuana products; Kirkland (at Planning Commission Review Level) May not be Iocated on any property abutting a street designated as a School Waik Route 1000 feet 100 feet for day cares Puliman (at Planning Commission Review Level) None Conside ring 500 feet for daycares; 100 feet for others (other than playgrounds and schools) Issaquah (at Planning Commission Review Level) Buffer between stores 1000 feet playgrounds/schools 500 feet rec centers, daycares, 1 parks, Iibraries, arcades EX IND 1000 feet playgrounds/schools 300 feet correctional centers, courthouses, drug rehab centers 100 feet daycares, arcades, libraries, parks, transit 300 feet from each other downtown 500 feet from each other outside downtown Memorandum to Planning Commission June 10, 2016 Page 5 Tacoma (at Planning Commission Review Level) 100 feet transit centers 1000 feet between retailers Correctional centers, court houses, drug rehab centers; buffers between retailers in downtown and outside downtown Jurisdictions have also created buffers from residential zones in various distances. Some also have created regulations that do not allow marijuana uses on lots adjacent to properties used for residential purposes. As was discussed in the last commission meeting, there are areas where this would create difficulties. There is an opportunity to evaluate a different review of individual applicants (i.e. Type 1, 2 or 3), if an applicant wishes to locate adjacent to a residential property if the commission wishes. 3. Notice Requirements Notice requirements for retailers, producers and processors who are seeking a license were briefly discussed at the June 1st meeting. The Notice requirements for marijuana licenses are outlined in WAC 314-55-020, and only require notice to local governments, cities, counties and tribal governments. A sign must also be posted on the outside of the premises to be licensed notifying the public. There is no requirement to notify adjacent landowners or landowners within a certain area of the license application or ability to comment on the application. Under the new Legislation: "A city, town, or county may adopt an ordinance requiring individual notice by an applicant for a marijuana producer's, marijuana processor's, marijuana researcher's, or marijuana retailer's license under this chapter, sixty days prior to issuance of the license, to any elementary or secondary school, playground, recreation center or facility, child care center, church, public park, public transit center, library, or any game arcade admission to which is not restricted to persons aged twenty-one years or older, that is within one thousand feet of the perimeter of the grounds of the establishment seeking licensure. The notice must provide the contact information for the liquor and cannabis board where any of the owners or operators of these entities may submit comments or concerns about the proposed business location. For the purposes of this subsection, "church" means a building erected for and used exclusively for religious worship and schooling or other activity in connection therewith." 4. Restrictions on Hours Memorandum to Planning Commission June 10, 2016 Page 6 Pursuant to law, marijuana retailers may only conduct sales from the hours of 8:00 a.m. to 12:00 a.m. WAC 314-55-147. A couple of jurisdictions have further limited the sale of marijuana, the most restrictive of which limited the hours of sales to 8:00 a.m. to 9:00 p.m. 5. General Rules and Regulations The general rules and regulations outlined in WAC 314-55-015 apply to all license holders. Some of the general rules address questions and concerns that were raised at our previous meeting. 314-55-015 General information about marijuana licenses. (1) A person or entity must meet certain qualifications to receive a marijuana license, which are continuing qualifications in order to maintain the license. (2) All applicants and employees working in each licensed establishment must be at least twenty-one years of age. (3) Minors restricted signs must be posted at all marijuana licensed premises. (4) A marijuana license applicant may not exercise any of the privileges of a marijuana license until the board approves the license application. (5) The board will not approve any marijuana license for a location where law enforcement access, without notice or cause, is limited. This includes a personal residence. (6) The board will not approve any marijuana license for a location on federal lands. (7) The board will not approve any marijuana retailer license for a location within another business. More than one license could be located in the same building if each licensee has their own area separated by full walls with their own entrance. Product may not be commingled. (8) Every marijuana licensee must post and keep posted its license, or licenses, and any additional correspondence containing conditions and restrictions imposed by the board in a conspicuous place on the premises. (9) In approving a marijuana license, the board reserves the right to impose special conditions as to the involvement in the operations of the licensed business of any former licensees, their former employees, or any person who does not qualify for a marijuana license. (10) A marijuana processor or retailer licensed by the board shall conduct the processing, storage, and sale of marijuana -infused products using sanitary practices and ensure marijuana - infused edible processing facilities are constructed, kept, and maintained in a clean and sanitary condition in accordance with rules and as prescribed by the Washington state department of agriculture under chapters 16-165 and 16-167 WAC. INDEx Memorandum to Planning Commission June 10, 2016 Page 7 (11) Marijuana licensees may not allow the consumption of marijuana or marijuana -infused products on the licensed premises. Further, I thought it would be helpful to provide the general provisions associated with producers and processors: 314-55-075 What is a marijuana producer license and what are the requirements and fees related to a marijuana producer license? (1) A marijuana producer license allows the licensee to produce, harvest, trim, dry, cure, and package marijuana into lots for sale at wholesale to marijuana processor licensees and to other marijuana producer licensees. A marijuana producer can also produce and sell marijuana plants, seed, and plant tissue culture to other marijuana producer licensees. Marijuana production must take place within a fully enclosed secure indoor facility or greenhouse with rigid walls, a roof, and doors. Outdoor production may take place in nonrigid greenhouses, other structures, or an expanse of open or cleared ground fully enclosed by a physical barrier. To obscure public view of the premises, outdoor production must be enclosed by a sight obscure wall or fence at least eight feet high. Outdoor producers must meet security requirements described in WAC 314-55-083. There are three categories as follows: (a) Tier 1 — Less than two thousand square feet; (b) Tier 2 — Two thousand square feet to ten thousand square feet; and (c) Tier 3 — Ten thousand square feet to thirty thousand square feet. 314-55-077 What is a marijuana processor license and what are the requirements and fees related to a marijuana processor license? (1) A marijuana processor license allows the licensee to process, dry, cure, package, and label usable marijuana, marijuana concentrates, and marijuana -infused products for sale at wholesale to marijuana processors and marijuana retailers. The regulations outline some site screening requirements for producers, as well as security requirements and enclosed outdoor productions. Those could be expanded if the commission feels that is appropriate. That could be done on a case-by-case basis through Type 2 review of processors and producers in the M-1 and M-2 districts, or site screening could be required as specified by ordinance. It may be easier, and more effective, to address site screening through INDEX Memorandum to Planning Commission June 10, 2016 Page 8 the mitigation methods of a Type 2 review. This would tailor the screening to the location, rather than setting strict rules on site screening for all locations of producers and processors. 6. Marijuana Researchers. New regulations also added a license called "marijuana researchers." These businesses will be "licensed by the state liquor and cannabis board to produce, process, and possess marijuana for the purposes of conducting research on marijuana and marijuana -derived drug products." RCW 69.50.101. The distance buffers are similar to those for producers, processors and retailers. However, a local jurisdiction can choose to lower the buffer distance to 100 feet for elementary and secondary schools and playgrounds. If that is done, the research facilities must meet heightened security standards, ensure that the facility is inaccessible to the public, ensure that the facility is not in view of the general public, and the facility cannot have any signs or advertising as to the fact that it is a marijuana research facility. In the draft ordinance provided for your review at the June 8th meeting, I have added "Marijuana Researchers" to the ordinance with the same buffer requirements as producers and processors. Marijuana researchers are brand new, and there isn't much information on them from other jurisdictions. The category also does not neatly fit under one of the City's headings, so I placed it in manufacturing, since the research facility has the ability to produce and process the plant for research purposes. 7. Comparisons with alcohol rules. A. State Regulations: Hours. Alcohol sales may be conducted from 6:00 a.m. to 2:00 a.m. Marijuana sales may be conducted from 8:00 a.m. to 12:00 a.m. B. State Regulations: Notification Both alcohol and marijuana both only require notification to the local city, county, or tribal government of the application for a license. C. State Regulations: Signs Signs are heavily regulated in the marijuana regulations. Only two signs are allowed not to exceed 1600 square inches each. DOC. INDEX CITY OF A LEGAL MEMORANDUM May 23, 2016 TO: Planning Commission members FROM: Sara Watkins, Sr. Assistant City Attorney SUBJECT: Marijuana zoning and regulatory provisions: other jurisdictions Dear Commissioners, have prepared an overview of some other jurisdictions' regulations of marijuana in their zoning codes. I provide in this memo examples of code sections from a broad spectrum of cities who allow marijuana. If you have any questions, or would like additional information, please let me know. Sincerely, Sara Watkins Sr. Assistant City Attorney 1. Zoning Provisions for Recreational Marijuana Businesses Many cities have passed ordinances that outline in which zones marijuana businesses can operate. If no zoning provisions are enacted and the ban is lifted, the marijuana businesses will be able to operate in any district that currently allows the proposed activity (retail, processor, producer). Some cities have taken this approach, such as Lacey and Maple Valley. The 1,000 feet is measured from property line to property line. The places that are the cause of the buffer are: 1. Elementary and secondary schools; 2. Public parks; 3. Public libraries 4. Child Care Centers; 5. Recreational Centers; 6. Public transit centers; 7. Playgrounds; and, 8. Game arcades open to people under the age of 21. RCW 69.50.331(8). Memorandum to Mark Kunkler re: Marijuana May 23, 2016 Page 2 State law allows for the 1,000 foot buffer to be reduced to a minimum of 100 feet for all other uses, other than primary or secondary schools and playgrounds. It is not necessary to be "all or nothing" and the buffer could be reduced for one activity, such as public transit centers, but remain at 1,000 feet for the other activities. Other jurisdictions have supplemented this list by adding buffer zones to specific land uses, and adding buffer zones between marijuana. Some examples: A. Minimum distance between marijuana businesses. Some jurisdictions have enacted ordinance language that adds a buffer between marijuana retail businesses. Vancouver requires that no marijuana retail business be located within 300 feet of another marijuana retail business Everett's restriction is 2,500 feet from any other marijuana retailer. Bellevue provides for a 1,000 foot buffer between marijuana retailers. Everett also restricts producers and processors, not allowing them to operate within 1,000 feet of each other. B. Additional buffer zone requirements. Jurisdictions have also enacted ordinances that add places to the list of buffer zone requirements. For example: 1. Longview does not allow retail outlets, producers or processors within 250 feet of a residential district or within a mobile home park/trailer park/RV park or within 250 feet of any of those uses. 2. Bellevue specifically states that no producer, processor or retailer shall be located within 1,000 feet of any park mapped in its GIS system. 3. Tacoma states that retailers are not allowed within 1,000 feet of correctional facilities, court houses, drug rehabilitation facilities, substance abuse facilities, or detoxification facilities. 4. Spokane Valley does not allow producers, processors or retailers within 1,000 feet of vacant undeveloped land owned by school districts, library districts or the City. It also doesn't allow marijuana retailers within 1,000 feet of Centennial Trail or Appleway Trail (the LCB specifically stated that trails were not playgrounds or parks as they defined them in their regulations). 5. Everett does not allow producers or processors to locate within 1,000 feet of any parcel zoned residential. Many jurisdictions have also specifically stated that no marijuana businesses shall be allowed in any residential zone of the city. Memorandum to Mark Kunkler re: Marijuana May 23, 2016 Page 3 C. Zoning Restrictions Many jurisdictions outline the specific zoning areas in which marijuana retailers, producers and processors can locate. If zoning areas are not specified, the outcome is that the businesses will be able to be located in any zone in which their activities fall as long as they meet the buffer requirements. In many jurisdictions, producers and processors are only allowed in manufacturing, industrial or heavy commercial zones. Some jurisdictions supplement this by allowing production and processing as a conditional use in other zones, such as light industrial. Requiring producers and processors to operate in the M-1 and/or M-2 districts would provide the opportunity to require that such producers and processors connect to the industrial sewer line, which may be advantageous based on the chemicals used and waste produced at these locations. Some jurisdictions have limited retailers by not allowing retailers in neighborhood business districts. 2. Other Building/Use Requirements. A. Requirements concerning the buildings in which the businesses are located. Some cities have further regulated marijuana businesses through requirements concerning the buildings in which they are located. Vancouver's ordinance states: Retail marijuana businesses may not be located within any other businesses, and may only be located in buildings with other uses only if the marijuana business is separated by full walls and with a separate entrance. No more than one marijuana retail business shall be located on a single parcel. Marijuana businesses shall not be located in a mobile structure. As stated above, Longview does not allow marijuana businesses in mobile home parks/RV parks or trailer parks. Tacoma (and other jurisdictions) state that there cannot be a drive-thru or other exterior method of sales, nor can the business conduct off-site sales (some of this is mandated by statute). DOC. INDEX Memorandum to Mark Kunkler re: Marijuana May 23, 2016 Page 4 Everett does not allow a marijuana retailer on any parcel containing a residential use (so if a building has a storefront and a residence upstairs in a business district, a marijuana retailer could not locate there). It further does not allow a retailer on any parcel that is contiguous to a parcel containing a residential use, except in specific circumstances. Further, Everett outlines the following parking requirements: Customer parking for marijuana retailers must be on the public street side of the structure in which the marijuana retailer is located and may not be off of or adjacent to an alley. However, staff parking and business deliveries may occur on the alley side of the structure. Vehicular access to the parking lot for a marijuana retailer shall be from the public street frontage and may not be from an alley. Any property located on a street from which vehicular access to the site from the street is prohibited by the City Engineer shall not be allowed for use as a marijuana retailer. Bellevue does not allow marijuana retailers as a subordinate or accessory use in any land use district. Ellensburg does not allow retailers to be housed in a building over 3,000 square feet. B. Limitations on sight and smell. The state regulations require the following (WAC 314-55-075): Marijuana production must take place within a fully enclosed secure indoor facility or greenhouse with rigid walls, a roof, and doors. Outdoor production may take place in non -rigid greenhouses, other structures, or an expanse of open or cleared ground fully enclosed by a physical barrier. To obscure public view of the premises, outdoor production must be enclosed by a sight obscure wall or fence at least eight feet high. Outdoor producers must meet security requirements described in WAC 314-55-083. Many jurisdictions have enacted provisions addressing the sight and smell of marijuana producers, processors and retailers. In general, the city's nuisance ordinances would apply with regards to odor, however, jurisdictions have enacted odor ordinances that require preventative measures. In Edmonds, the City does not allow any marijuana business to conduct any activities in the public view. This will require fencing and structural requirements to keep grows and activities out of the sight of the general public. Edmunds also does not allow marijuana, DOC. INDM Memorandum to Mark Kunkler re: Marijuana May 23, 2016 Page 5 or drug paraphernalia, to be displayed to be visible from outside the premises. Further, "Sufficient measures and means of preventing smoke, odors, debris, dust, fluids, and other substances from exiting the recreational marijuana business must be in effect at all times." Ellensburg requires all production to be indoors. Bellevue also requires all odor to be contained in a retail outlet so that it "cannot be detected by a person with a normal sense of smell from any abutting use or property." If the smell does become an issue, the retailer "shall be required to implement measures, including but not limited to, the installation of the ventilation equipment necessary to contain the odor." Bellevue also requires that all marijuana be grown in a structure. Outdoor cultivation is prohibited. Bellevue also regulates odor and visibility of producers and processors as follows: Marijuana production and processing facilities shall be ventilated so that the odor from the marijuana cannot be detected by a person with a normal sense of smell from any adjoining use or property. A screened and secured loading dock, approved by the Director shall be required. The objective of this requirement is to provide a secure, visual screen from the public right-of-way and adjoining properties, and prevent the escape of odors when delivering or transferring marijuana, marijuana concentrates, useable marijuana, and marijuana -infused products. Tacoma provides that marijuana uses need to be designed to control odors from being detected in a public place, the public right-of-way, or properties of others. Vancouver requires that all marijuana businesses take place within a fully enclosed secure indoor facility or greenhouse. Further, such businesses are required to incorporate odor control technology and ensure emissions do not exceed clean air agency regulations. 3. Neighborhood Cooperatives The most recent regulation eliminated medical marijuana collective gardens, and replaced that with medical marijuana neighborhood cooperatives. Pursuant to the legislation, cooperatives may not be located in any of the following areas: A. Within 1 mile of a marijuana retailer; B. Within the buffer zone restrictions adopted by Council (in the event the buffers are reduced) or 1,000 feet of: INDEX Memorandum to Mark Kunkler re: Marijuana May 23, 2016 Page 6 1. Elementary or secondary schools (cannot be reduced) 2. Playgrounds (cannot be reduced) 3. Recreation center or facility 4. Child care center 5. Public park 6. Public Transit Center 7. Library 8. Game arcade that admission is allowed for those under 21. Neighborhood cooperatives are locations where qualifying patients or designated providers share responsibility for acquiring and supplying the resources needed to produce and process marijuana only for the medical use of its members. Sharing responsibility does not include only financing the operation, but must provide assistance in growing the plants. The locations must be registered with the LCB, but that registration information is exempt from public disclosure. Cooperatives must be located "in the domicile" of one of the participants. This means that the cooperatives are located in houses, and residential zoning areas. The City has the ability, specifically under the law, to prohibit and ban neighborhood cooperatives in their entirety. INDEX OF Y LEGAL DEP 200 South Third Street, Yakima, Washin TO: FROM: SUBJECT: on 98901 (509)575-6030 Fax: (509)575-6160 MEMORANDUM May 23, 2016 Planning Commission Jeff Cutter, Interim City Manager Mark Kunkler, Senior Assistant City Attorney Planning Issues — Lifting Marijuana Ban On May 17, 2016, the Yakima City Council adopted a Motion to repeal the ban on the production, processing and retail sale of medical and recreational marijuana. The City Council also adopted a second Motion referring the issues to the Planning Commission for a recommendation regarding any underlying zoning or land use regulation that would be put into effect when the marijuana ban is lifted. The following is a discussion of the history of marijuana legislation in the State of Washington as well as some options to consider when identifying possible areas of zoning control. This Memorandum is premised on the first action of the City Council — the decision to proceed to repeal the existing ban. Therefore, the primary focus will be on possible zoning amendments. I. The Legislative Background — Medical Marijuana and Recreational Marijuana. In order to understand the available options, it is important to share a bit of the history of medical marijuana and recreational marijuana legislation. A. Medical Use of Martivana Art { ). In 1998, the voters of the State of Washington approved Initiative 692 permitting the use of marijuana for medical purposes for qualifying patients. The Medical Use of Marijuana Act was amended in 2007, 2010 and 2011. As summarized by the Legislature's Final Bill Report for SB 5052, this legislation provided: DOC. INDEX Memorandum Marijuana - Planning Commission - June 10, 2016 Page 2 In order to qualify for the use of medicammh]uana, patients must have a terminal or debilitating medical condition such as cancer, the human immunodeficiency virus, multiple so|enooio, intractable pain, g|euconna. Crohn's disease, hepatitis C. nausea or seizure diseases, or a disease approved by the Medical Quality Assurance Commission, and the diagnosis of this condition must be made by a health care professionalThe health care professional who determines that a person would benefit from the medical use of marijuana must provide that patient with valid documentation written on tamper-resistant paper. Qualifying patients who hold valid documentation may assert an affirmative defense at trial that they are authorized medical marijuana patients. These patients are not currently provided arrest protection. Patients may grow medical marijuana for themselves or desinate a provider to grow on their behalf. Designated providers may only provide marijuana for one patient at a time, must be 18 years of age, and must be designated in writing by the qualifying patient to serve in this capacity. There is no age limit for patients. Qualifying patients and their designated providers may possess no more than 15 marijuana plants and 24 ounces of useable marijuana product. Up to ten qualifying patients may share responsibility for acquiring and supplying the resources required to produoa, procaaa, transport, and deliver marijuana for the medical use of its members. Collective gardens may contain up to 45 plants and 72 ounces of useable marijuana and no marijuana from the collective garden may be delivered to anyone other than one of the qualifying patients participating in the collective garden. No provision for the sale of marijuana from a collective garden or for the licensing of collective gardens is made in statute. No state agency is provided with regulatory oversight of medical marijuana. The Department of Health (DOH) does provide guidance to its licensees who recommend the medical use of marijuana, and is the disciplinary authority for its providers who authorize the medical use of marijuana in violation of the statutory requirements. DOH does not perform investigations until a complaint is made that someone is unlawfully authorizing the medical use of marijuana. There are no statutory licensing or production standards for medical marijuana and there are no provisions for taxation of medical marijuana. B. Recreational 502). Initiative 502 ("1-502") was approved by the voters in 2012. 1-502 legalized possession of up to one ounce of useable marijuana, up to 16 ounces of marijuana -infused product, up to 72 ounces of liquid marijuana -infused product, and up to seven grams of marijuana concentrates. The new law established a licensing framework, administered by the Washington State Memorandum - Planning Commission -Marijoaoa June 102016 Page 3 Liquor Control Board ("LCB", for the licensing of production (growing), processing and retailing of marijuana for recreational purposes. 1-502 directed the LCB to allocate a limited number of retail licenses to each county based on population. The allocation for Yakima County (and certain cities within Yakima County) was established as follows: Yakima County "At Large" licenses: �OS�61 Grandview 1 Selah 1 Sunnyside 1 Yakima 5 TOTAL: 14 To date, Yakima County and each of the cities listed above have adopted bans preventing retailers from locating within their respective jurisdictions. Records of the LCB further reflect that the LCB has received applications from proposed retailers to fill all five of the City of Yakima's allocation - but ' "At Large" retail Iicenses are defined at WAC 314-55-081 as foliows: WAC 314-55-081 Who can apply for a marijuana retailer Iicense? (1) Using estimated consumption data and population data obtained from the office of financial management (OFM) population data, the liquor control board will determine the maximum number of marijuana retail Iocations per county. The number of retail locations will be determined using a method that distributes the number of locations proportionate to the most populous cities within each county. Locations nmt assigned to a specific city will be at large. At large locations can be used for unincorporated areas in the county or in cities within the county that have no retail licenses designated. Once the number of locations per city and at large have been identified, the eligible applicants will be selected by lottery in the event the number of applications exceeds the allotted amount for the cities and county. Any lottery conducted by the board will be witnessed by an independent third party. (2) The number of marijuana retail licenses determined by the board can be found on the liquor control board web site atvm^mv.|iq.xva.gov. (3) Any entity and/or principals within any entity are limited to no more than three retail marijuana licenses with no multiple location licensee allowed more than thirty-three percent of the allowed Iicenses in any county or city. Thus, cities like Union Gap — which have not been allocated a specific numberofreba||ioensem—mmybe allowed to use one of the "at large'' allocations available to unincorporated Yakima County. This assumes that the city has not adopted a ban or moratorium preventing such use. Memorandum Marijuana - Planning Commission - June 10, 2016 Page 4 these cannot locate in the city because of the city's ban on marijuana p[OdUCti]n, processing and retailing. 1-502 and the LCB's implementing regulations do not limit the number of marijuana Producers or Processors that may locate in any city or county. In another key provision, 1-502 limited the location of marijuana production, processing and retail businesses. Section 6(8) provided: The state liquor control board shall not issue 4glicense for any premises within one thousand feet of the perimeter of the grounds of any elementary or secondary ochoo|, playground, recreation center or facility, child care center, public park, public transit center, or library, or any game arcade admission to which is not restricted to persons aged twenty- one years or older. (Emphasis added). C. 2015 Amendments to Medical Madicana Laws. In 2015, the legislature enacted two statutes that amended the laws pertaining to medical marijuana and recreational marijuana. These amendments are discussed in some detail below: 1. SB 5052. This bill was adopted and si nedintOl8VVandSuD0rOa[izediO the Final Bill Report as follows: First, the "Liquor Control Board" name was changed to the "Liquor and Cannabis Board." Medical use of marijuana is regulated through the structure provided in Initiative 502. Specific provisions for the medical use of marijuana are included: the terminal or debilitating medical conditions that qualify a patient for the medical use of marijuana must be severe enough to significantly interfere with activities of daily living and must be able to be objectively assessed and evaluated; and qualifying patients continue to be able to grow marijuana for their medical use. A medical marijuana authorization database (database) is created. Qualifying patients and designated providers who do not sign up with the database may grow marijuana for their medical use but are limited to four plants and 6 ounces of useable marijuana and are provided an affirmative defense to charges of violating the law on medical use of marijuana. Qualifying patients and designated providers who do sign up with the database may grow up to 15 plants for their medical use, are provided arrest protection, and may possess three times the amount of marijuana than what is permitted for the recreational user. DOC. INDEX".�u��.** �� Memorandum Marijuana - Planning Commission - June 10, 2016 Page 5 A medical marijuana endorsement to a marijuana retail license is established to be issued by LCB. The endorsement may be issued concurrently with the retail license and medical marijuana—endorsed stores must carry products identified by DOH as beneficial to medical marijuana patients. DOH must also adopt safe handling requirements for all marijuana products to be sold by endorsed stores and must adopt training requirements for retail employees. LCB must reopen the license period for retail stores and allow for additional licenses to be issued to address the needs of the medical market. LCB must establish a merit based system for issuing retail licenses. First priority must be given to applicants that have applied for a marijuana retailer license before July 1, 2014, and who have operated or been employed by a collective garden before November 6, 2012, and second priority to applicants who were operating or employed by a collective garden before November 6, 2012 but who have not previously applied for a marijuana license. Beginning July 1, 2018 health care professionals who authorize the medical use of marijuana must use an authorization form developed by DOH. The authorization form must include the qualifying patient's or designated provider's name, address, and date of birth; the health care professional's name, address, and license number; the amount of marijuana recommended for the qualifying patient; a telephone number where the authorization can be verified; the dates of issuance and expiration; and a statement that the authorization does not provide protection from arrest unless the patient or provider is also entered into the database. Authorizations are valid for one year for adults and six months for minors, Minors may be authorized for the medical use of marijuana if the minor's parent or guardian agrees to the authorization. The parent or guardian must have sole control over the minor's marijuana. Minors may not grow marijuana, nor may they purchase from a retailer. However, they may enter the premises of a medical marijuana retailer if they are accompanied by their parent or guardian who is serving as the designated provider. Patients who are between ages 18 and 21 may enter marijuana retail outlets that hold medical marijuana endorsements. The database is to be administered by a third party under contract with DOH. The database must allow authorizing marijuana retailers with medical marijuana endorsements to enter the qualifying patient or designated provider into the database and, oonaequenUy, provide the patient or provider with a recognition card that may be used to confirm the authenticity of the patient or provider. Patients and providers who are entered into the database are provided protection from arrest so long as they are in compliance with the law on the medical use of marijuana. Patients and providers who are entered into the database are permitted the foliowing possession amounts: 3 ounces of useable marijuana, 48 ounces of marijuana -infused product in solid form, 216 ounces of marijuana -infused product in liquid form, 21 grams of marijuana concentrates, and 6 plants. The authorizing health care professional may authorize more than the six plants and 3 ounces of useable marijuana if the patient's medical needs require additional amounts, but no more than 8 ounces of useable marijuana and 15 plants. No more than 15 plants may be grown in a housing unit, unless the housing unit is the location of a cooperative. No plants may be grown or processed if any portion of the activity may be viewed or smelled from the public or the private property of another housing unit. DOC. INDEX Memorandum Marijuana - Planning Commission - June 10, 2016 Page 6 The database is not subject to public disclosure. The database is accessible to only the following groups of people: The medicamarijuana retailer with a medical marijuana endorsement, to add the patient or provider to the database. Persons authorized to prescribe or dispense controlled substances to access health care information on their patients to provide medical care to their patients. A qualifying patient or designated provider to request or receive his or her own health care information. Law enforcement officers who are engaged in a bona fide investigation relating to the use of marijuana. A marijuana retailer holding a medical marijuana endorsement to confirm the validity of a recognition card. The Department of Revenue to verify tax exemptions. The Department of Health to monitor compliance of health care professionals. It is a class C felony for a person to access the database for an unauthorized purpose or to disclose any information obtained by accessing the database. Funding for the creation and maintenance of the database comes from the Health Professions Account which will be reimbursed from the Dedicated Marijuana Fund. Qualifying patients and designated providers placed in the database must be issued recognition cards. Recognition cards must include a randomly generated number that will identify the patient or pnzvidor, a photograph of the patient or provider, the amount of marijuana for which the patient has been outhorizod, the effective and expiration dates of the card, the name of the health care professional who authorized the patient or provider, and other security features necessary to ensure its validity. Patients and providers will be charged $1 for each initial and renewal recognition card issued with proceeds to be deposited into the Health Professions Account. The provision authorizing collective gardens is repealed, effective July 1, 2016. Four member cooperatives are permitted. Up to four patients or desinobad providers may participate in a cooperative to share responsibility for the production and processing of marijuana for the medical use of its members. The location of the cooperative must be registered with LCB and is only permitted if it is at least 1 mile away from a marijuana retailer. The registration must include each member's name and copies of each member's recognition cards. Only registered members may participate in the cooperative or obtain marijuana from the cooperative. If a member leaves the cooperative, no new member may join for 60 days after LCB has been notified of the change in membership. All members of the cooperative must provide labor; monetary assistance is not permitted. Marijuana grown at a cooperative is only for the medical use of its members and may not be sold or donated Memorandum Marijuana - Planning Commission - June 10, 2016 Page 7 to anotherMinors may not participate in cooperatives. LCB must develop a seed to sale traceability system to track all marijuana grown by the cooperative. Licensed marijuana producers may be permitted to increase the amount of their production space if the additional amount is to be used to grow plants identified as appropriate for medical use. Extractions by any person without a license is prohibited. LCB must adopt rules on noncombustible methods of extractions that may be used. A medical marijuana consultant certificate is established to be issued by DOH. Certificate holders must meet education requirements relating to the medical use of marijuana and the laws and rules implementing the recreational and medical systems. DOH must also make recommendations on whether medical marijuana specialty clinics may be permitted. LCB may conduct controlled purchase programs in retail outlets, 000perabvea, and, until they expire July 1, 2018 in collective gardens to ensure minors are not accessing marijuana. Retailers may conduct in-house controlled purchase programs. 2. 2E2SHB 2136. Municipal Research & Services Center (MRSC) summarized this legislation as follows: Tax Changes and Revenue Sharing Excise tax. lnstead of there being an excise tax of 25% at each of the three different stages (ppoduction, pnocesoing, and rmbailing), now there is a single excise tax of 37% imposed at the time of marijuana retail sale. See Section 205 of HB 2136. The excise tax is in addition to the state and local sales tax. Section 101 explains the basic reasoning behind the tax changes: the legislature intends to reform the current tax structure for the regulated legal marijuana system to create price parity with the large medical and illicit markets with the specific objective of increasing the market share of the legal and highly regulated marijuana market. Beginning in fiscal year 2018, if marijuana excise tax collection exceeds 25 million dollars, 30% of all marijuana excise taxes deposited into the general fund the prior fiscal year will be distributed to local governments as follows: 30% will go to counties, cities, and towns where retailers are located, based on the retail sales from stores within each jurisdiction; 70% will be distributed to countiescities, and towns on a per capita baeis—buton|ytojuhodictionethcddonotprohibitthaeitingofnbabe licensed producers, processors, or retailers. See Section 206(2)(g) for the exact wording. The State Treasurer will make the transfers to local governments in four installments, by the last day of each fiscal quarter. Memorandum Marijuana - Planning Commission - June 10, 2016 Page 8 Sales tax. The Iegislation provides a retail sales and use tax exemption for marijuana purchased or obtained for medical use. See Sections 207 and 20& Local Funding The state budget provides for $12 million in funding for counties and eligible cities, $6 million in each fiscal year of the 2015-17 biennium. The funds appropriated in the budget are to be distributed according to a formula set out in Section 1603, based on retail marijuana sales, in four installments by the last day of each fiscal quarter. Buffer Zones Counties, cities, and towns are granted the authority to reduce the 1000 -foot buffer zones required by1-502 (RCW 69.50.331(8)) around certain types of facilities within which licensed marijuana producers, processors, or retailers could not be located. The buffer zones can be reduced to not less than 100 feet from recreation centers or facilities, child care oenberm, public parke, public transit oenbars, or game arcades admitting minors. This authority to adjust buffer distances DOES NOT apply to elementary or secondary schools or to playgrounds. See Section 301(8). Counties, cities and towns can also allow marijuana research facilities to be located not less than 1ODfeet ofall ofthe above mentioned facilities, INCLUDING elementary or secondary schools, and playgrounds. A marijuana research facility is a newly authorized entity. See SB 5121 (Chapter 71, Laws of 2O15). Signage for Retail Stores Licensed retail marijuana stores are now allowed to have TWO signs instead of the previous limitation to one sign. Each must be no more than 1,600 square inches in size. See Section 203(4). Marijuana Use in "Public Places" Section 401 ctarifies what constitutes a "public place" where marjuana cannot be uonsumed, by incorporating the definition of "public place" found at RCW 66.04.010(35). Transportation of Marijuana Licensed producers, processors, and retailers can use common carriers for transport of ma'uana, under rules to be adopted by the LCB. See Section 501. Public Notice Requirements Appticants for marijuana licenses must post a sign, provided by the LCB, on the outside of the premises to be licensed notifying the public that the premises are subject to an application for a marijuana license. The sign must be posted within seven days of submitting an application to the LCB. See Section 801. Cities, towns, and counties may adopt an ordinance requiring that license applicants provide individual notice of their application to any of the following that DOC~ Memorandum Marijuana - Planning Commission - June 10, 2016 Page 9 are located within 1,000 feet: elementary or secondary schools, recreation centers or facilities, child care centers, churches, agencies that operate public pmrkn, transit centers, or libraries, and arcades admitting minors. See Section 801. The notice must contain contact information for submitting comments to the LCB. The Iocal government can require that these notices be sent at Ieast 60 days before the license is granted. Medical Mjuana Cooperatives Section 1001 amends some of the provisions contained in the medical marijuana legislation (2SSB 5052). enacted during the regular Iegislative session earlier this year, which authorizes the establishment of LCB -certified "cooperatives" in place of collective gardens. This section establishes buffer zones within which cooperatives may not be Iocated and makes it clear that cities, towns, and counties may prohibit cooperatives within their jurisdiction. It will not be effective until July 1. 2018. to coincide with the effective date of the provisions in 2SSB 5052 dealing with cooperatives. See my recent post, Medical Marijuana Reform Legislation Enacted, for information on 2SSB 5052. Vending Machines and Drive -Up Windows Marijuana retailers may not have marijuana vending machines within their stores, nor may they have drive -up windows. See Section 1301. Effective dates Most sections ofHB2138are effective July 1st ofthis year [2U15]—meaning they're already in effect! The sections now in effect include those involving the tax revisions and the authorized changes to buffer zones. A few sections are effective on July 24, 2015, some on October 1, 2015, and some on July 1, 2016. See Section 1605 for effective dates. Article, "Final Marijuana Legislation for 2015," by Jim Doherty, MRSC, July 2, 2015. II' Options for Local Legislation. A city has several options when considering possible land use and regulatory controls concerning the production, processing and retailing of ma'UaOa within its jurisdiction. Here are possible options, to be determined by the City Council: A. Council amended Title 15 YMC in2012and 2014fOban medical marijuana dispensaries and "collective gardens, and to ban the production, processing and retailing of marijuana within the city Iimits of the City of Yakima. These bans are currently found at YMC 15.01.035: INDEX Memorandum Marijuana - Planning Commission - June 10, 2016 Page 10 18.01.038Illegal uses prohibited. A. General. No use that is illegal under local, state or federalaw shall be allowed in any zone within the city. B. Specific Application—Medical Marijuana Dispensaries and Collective Gardens. Until such time that this code is amended to provide specific provisions and land use controls allowing and regulating dispensaries of cannabis and/or collective gardens for the production, distribution and dispensing of cannabis for medical uses, all as further defined and set forth in Chapter 69.51A RCW and E2SSB 5073, Laws of 2011 of the State of Washington, such uses are not allowed in any zone within the city. For purposes of this section, ''diapenomry" means any person, entity, site, |ocaUon, haoi|ity, buaineas, cooperative or collective, whether for profit or not for profit, that distributes, sells, dispenses, transmits, packages, measures, |abm|s, oe|ecba, processes, delivers, exchanges or gives away cannabis for medicinal or other purposes. C. Production, Processing and Retailing of Ma'uena Prohibited. Until such time that this code is amended to provide specific provisions and land use controls allowing and regulating production, pnoceoaing, retail sale and retail outlets for the sale of marijuana and marijuana -infused products, all as defined in Initiative Measure No. 502, as codified in the Revised Code of Washington, and implementing regulations in Chapter 314-55 WAC, as now existing or hereafter amended, such uses are each prohibited and not allowed in any zone within the city. (Ord. 2014'001 82. 2014: Ord. 2012-03 § 2, 2012). B. RepealBan. The effect of repeal would leave the location of recreational marijuana production, processing and retail businesses, as well as medical marijuana cooperatives, subject to the statutory and LCB licensing restrictions. Without a local ordinance specifically defining or regulating location of marijuana production, processing, retailing and cooperatives, City Planning staff will apply analogous zoning and land use definitions (such as "retail," "manufacturing," "food processing," etc.) to determine appropriate zoning for each licensee. Existing state law imposes a 1,000 -foot distance restriction from certain listed "sensitive" uses. RCW 69.50.331(8)(a) provides: (8)(a) Except as provided in (b) through (d) of this subsection, the state liquor and cannabis board may not issue a license for any premises within one thousand feet of the perimeter of the grounds of any elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, or |ibrary, or any game arcade admission to which is not restricted to persons aged twenty-one years or older. For medical marijuana cooperatives, these statutory restrictions apply, as well as some additional restrictions. RCW 69.51A.250 provides in part: (3) No cooperative may be located in any of the following areas: Memorandum - Planning Commission - Marijuana June 10, 2016 Page 11 (a) Within one mile of a marijuana retailer; (b) Within the smaller of either: (i) One thousand feet of the perimeter of the grounds of any elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, library, or any game arcade that admission to which is not restricted to persons aged twenty-one years or older; or (11) The area restricted by ordinance, if the cooperative is located in a city, county, or town that has passed an ordinance pursuant to RCW 69.50.331(8)2; or (c) Where prohibited by a city, town, or county zoning provision. (4) The state liquor and cannabis board must deny the registration of any cooperative if the location does not comply with the requirements set forth in subsection (3) of this section. Pursuant to RCW 69.51A.250(7), "[t]he location of the cooperative must be the domicile of one of the participants." This means that, without a local ordinance restricting location, a cooperative could be located in a residence, in a residential zoning district. A straight repeal of the ban without adoption of a separate ordinance defining appropriate zoning and land use controls would also mean that the City elects to forego an opportunity to reduce the 1,000 -foot distance restrictions if such reductions are deemed appropriate. A straight repeal would also forego an opportunity to amend the City's zoning code to define the marijuana uses, forego the opportunity to provide for separate provisions stating that violation of controlling state standards would also constitute a violation of the City's zoning code, and forego the opportunity to designate specific zoning districts or areas where such uses are allowed. C. Adopt NewRegulations and Land Use Controls to Take Effect Upon Lifting of Ban. Taking the opportunity to fashion underlying land use and regulatory controls that take effect upon lifting the marijuana ban would enable us to consider the following: 2 Per RCW 69.50.331(8), a city may adopt an ordinance prohibiting cooperatives, restricting cooperatives to specific zoning districts, or reducing the 1,000 -foot distance restrictions for certain sensitive uses (except for elementary schools, secondary schools and playgrounds — which must retain the 1,000 -foot distance requirement). INDEx Memorandum - Planning Commission - Marijuana June 10, 2016 Page 12 Public Participation. The amendment process requires at least one open public hearing to be held by the Planning Commission. The Planning Commission typically holds several meetings and study sessions on important items, and invites and encourages public comment and participation. This has been an important source of comment on past issues. Following the meetings, study sessions and public hearing(s), the Planning Commission then makes a recommendation to the City Council. The City Council would then make the final decision, but would also have the benefit of the Planning Commission's recommendation and findings. Lifting Ban without Underlying Zoning. Simply lifting the ban without considering underlying zoning definitions and regulations would leave the City without specific designation of zoning districts for marijuana production, processing and retailing, and without specific zoning code definitions pertaining to such uses. In such case, the City would be relying on general business zoning, thus conceivably allowing marijuana retail businesses in every zoning district where retail businesses may be allowed (i.e., B-2 Local Business, B-1 Professional Business, HB Historical Business, SCC Small Convenience Center, LCC Large Convenience Center, etc.). Designation of Specific Zoning Districts. Designating specific zoning districts in which marijuana facilities would be allowable uses. For retail recreational/medical marijuana, these zoning districts could logically include the large business districts (GC General Commercial, CBD Central Business District) as well as the M-1 Light Industrial and M-2 Heavy Industrial zoning districts. Marijuana business uses may not be compatible within other commercial districts such as the HB Historical Business, B-1 Professional Business, B-2 Local Business, etc. Development of specific zoning for marijuana uses could define zoning districts in which such uses are more compatible with neighboring uses. Assigning Industrial Zoning for Marijuana Production and Processing. For marijuana production and processing, the industrial zoning districts appear to be possible location options. Related to this would be a requirement that production and processing be located so as to be on the City's Industrial Wastewater system. • Modification of Buffers. The recent state law amendments also give the City the ability to adopt an ordinance modifying or reducing the 1,000 -foot distance restrictions in certain cases (except for elementary schools, Memorandum - Planning Commission - Marijuana June 10, 2016 Page 13 secondary schools and playgrounds). These reductions, however, can only be implemented through adoption of a City ordinance. Cooperatives. For cooperatives, the statutes allow several options, including the option to not permit such uses, to establish additional distance requirements, to consider appropriate zoning and other regulation. Local Land Use Definition and Enforcement Provisions. Development of zoning and land use regulations would also give the City the opportunity to develop/incorporate definitions of the specific marijuana uses, and to clarify enforcement authority by providing that any violation of the local regulations and/or state regulations would also constitute a violation of the zoning code. This would enable the City to locally enforce violations in municipal court. • Business Licenses. Possible development of business license requirements governing such uses. These typically are found in Title 5 YMC, but it is common to develop such regulations in conjunction and coordination with land use regulations found in Title 15 YMC. The possible amendments described above (with the possible exception of business license regulations) would require an amendment of Title 15 YMC. Under this code (and applicable state law), amendments must be referred to the Planning Commission — which schedules study sessions and public hearing(s) to consider the proposed amendments. The Planning Commission would then make a recommendation to the City Council. The City Council receives the recommendation and makes the final decision. The Council's final decision would then be presented as an ordinance amending the municipal code. The amendments contained in the ordinance can be designed to take effect when the marijuana ban is lifted. This is a lot of information to wade through, but I hope it is helpful in showing the background and establishing a basis for next steps. As always, if we can answer any questions you may have, please feel free to let us know. INDEX