HomeMy WebLinkAbout2002-053 Class 3 Review Requirement for Social Card Rooms ORDINANCE NO. 2002- 53
AN ORDINANCE of the City of Yakima, Washington, relating to land use
and development regulation and amending section
15.02.020 and Table 4 -1 of section 15.04.030 of Title 15
of the Yakima Municipal Code to require Class (3)
review for social card rooms, as defined herein, in the
zoning districts of Small Convenience Center (SCC),
Large Convenience Center (LCC), Central Business
District (CBD) and Central Business District Support
(CBDS) and prohibiting social card rooms within five
hundred (500) feet of any public or private school,
church, or park by adopting a special design standard
as new section 15.09.190.
WHEREAS, the state legislature and the Washington State Gambling
Commission have expanded the ability of gambling licensees to conduct social
card games as a commercial stimulant for the licensee's business; and
WHEREAS, the City Council wishes to ensure that public participation
regarding the location of social card rooms should be encouraged as fully as
possible; and
WHEREAS, on a case -by -case basis, a proposed social card room may be
incompatible with the existing land use environment in a particular zoning
district; and
WHEREAS, social card rooms shall not be permitted in proximity to
schools, churches, and parks; and
WHEREAS, Class (3) uses in the UAZO may be allowed after review by the
Hearing Examiner in a public hearing to evaluate and promote compatibility
between land uses; and
WHEREAS, pursuant to the provisions of the Urban Area Regional
Planning Agreement, the Regional Planning Commission has reviewed and issued
its recommendations regarding the following proposed amendments to the City's
development regulations; now, therefore:
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Definition of "game room ": The existing definition of "game
room" as set forth in UAZO Section 15.02.020 shall be amended as follows:
"Game room" means a commercial facility, or a portion
thereof, open to the general public, in which card games,
pool, electronic games, bingo, etc., are played; provided,
however, that this definition shall exclude "social card
room" as defined herein. Also, see "meeting hall."
Section 2. Definition of "social card room ": A new definition to UAZO
15.02.020 shall be added as follows:
"Social card room" means a commercial facility, or a portion
thereof, open to the general public, in which house - banked
social card games are played, as that term is defined by
RCW 9.46.0282 (or as the same may be subsequently
amended hereafter), or in which other activities occur that
constitute gambling and are authorized by the Washington
State Gambling Commission under RCW 9.46.070 (or as the
same may be subsequently amended hereafter), to the extent --
that said activities include any gambling activity engaging in
the use of, or associated with, slot machines (whether
mechanical or electronic) or any gambling activity engaging
in the use of, or associated with, any other electronic
mechanism including video terminals.
Section 3. Class (3) Review: Effective January 12, 2003, any land use that
constitutes a "social card room" as the same is defined herein, shall be a Class (3)
use in the following zoning districts, which shall be the only zoning districts in
which the land use "social card room" may be permitted: Small Convenience
Center (SCC), Large Convenience Center (LCC), Central Business District (CBD),
and Central Business District Support (CBDS). The table of permitted land uses
(Table 4 -1) set forth at UAZO Section 15.04.030 shall be amended commensurate
with this ordinance to provide for a new defined land use of "social card room"
subject to Class (3) review as provided herein.
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Section 4. Proximity prohibition: A footnote to the table of permitted land
uses (Table 4 -1) set forth at UAZO Section 15.04.030 shall be added to the entry for
the land use of "social card room," which footnote shall refer to a new section
added as UAZO Section 15.09.190, which new section shall read as follows:
15.09.190 Special requirements for social card rooms.
No social card room shall be permitted within five hundred (500)
feet of any public school, private school (meeting the requirements
for private schools under Title 28A RCW), church or park, as
measured according to RCW 66.24.010(9) or as the same may be
hereafter amended.
Section 5. Severability: If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional 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 6. Effective Date. This ordinance shall become effective thirty (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 29 day of
October, 2002.
,ary 3Z:
Place, Mayor
ATTEST:
B y �
City Clerk
Publication Date: 11 -1 -2002
Effective Date: 12 -1 -2002
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. /0
For Meeting of October 29, 2002
ITEM TITLE: Consideration of (A) an Ordinance adopting the amending section
15.02.020, Table 4 -1 of section 15.04.030 and adding a new section
15.09.190 of Title 15 of the Yakima Municipal Code to require (A)
Class (3) review for social card rooms in zoning districts of Small
Convenience Center (SCC), Large Convenience Center (LCC),
Central Business District (CBD) and Central Business District
Support (CBDS); (B) Prohibiting social card rooms within five
hundred (500) feet of any public or private school church, or park.;
and (C) Definition for "Social Card Rooms ".
SUBMITTED BY: William R. Cook, Director of Community and Economic
Development Department
CONTACT PERSON/TELEPHONE: Doug Maples, Code Administration and Planning
Manager (509) 575 -6121
SUMMARY EXPLANATION:
On June 18, 2002, Council passed legislation for a six -month moratorium on social
card games (house banked card rooms). On October 15, 2002, a public hearing
with the joint City Council and County Commissioner's for amending the Urban
Area Zoning Ordinance (UAZO) was held. Council directed staff to develop
legislation for amending the UAZO.
This ordinance would modify the class level of review for the four existing zoning
districts that a social card room is presently allowed. In addition, it would place a
500 -foot distance restriction that a social card room could be located from a private
or public school, church or park.
The ordinance provides a definition for "social card room" to help provide guidance
and indicate what kind of activities would constitute such a land use. (Continued)
Resolution Ordinance X Other (Specify) Proposed amendment
Contract Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTAL�`b City Manager
STAFF RECOMMENDATION:This is a Council Policy issue.
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION:
At the joint City Council and County Commissioner's meeting on October 15, 2002, it -
was mentioned that any modification to a development regulations, such as the
City /County Urban Area Zoning Ordinance, would require the Planning Division to
send notification to Washington State Community Trade Economic Department
(CTED) within 60 days prior to final adoption. (RCW 36.70A.106(3)). Based upon this
60 -day notification requirement from the October 29, 2002 meeting the 60 day would
be December 30, 2002 as the effective date for the ordinance. The 6 -month
moratorium is still in effect until January 19, 2003. Therefore these modifications
within this ordinance would not be used until the end of the moratorium.
® MEMORANDUM
TO: Doug Maples, Code Administration and Planning
Manager
Bill Cook, Director Community and Economic
Development
Dick Zais, City Manager
Ray Paolella, City Attorney
FROM: Kenneth W. Harper, contract legal counsel
SUBJECT: CTED notification of amendment to development
regulations (re: card room legislation)
DATE: October 22, 2002
This memorandum provides guidance regarding the applicability of a portion of
the Growth Management Act (GMA) to the proposed card room legislation
• under consideration by the City.
Specifically, RCW 36.70A.106 imposes an obligation on counties and cities to
notify the Department of Commerce Trade and Economic Development (CTED)
sixty (60) days prior to "final adoption" of any comprehensive plan or
development regulation (including amendments thereto), and to submit a copy
of any such change ten (10) days after final adoption. RCW 36.70A.106(1) and
(2).
No Washington cases have discussed these requirements, but several decisions
of the Growth Management Hearings Board refer to this statute.
In short, the Hearings Boards have held that cities and counties must submit
proposed amendments (not just enactments of new development regulations or
plan provisions) to CTED as required by the statute, except in the case of
"interim regulations for natural resources lands and critical areas, and to
regulations or amendments which are merely procedural or ministerial." WAC
365 -195- 820(2).
The proposed card room legislation does not fall within this exemption.
40 Failure to meet the 60 -day notice provision can clearly result in a finding that a
city or county is out of compliance with GMA, but it is less clear whether this
would have any effect on the validity of the ordinance in question. See Wilma
Memorandum re: CTED notice -1-
v. Stevens County, 1999 EWGMHB LEXIS 319 (1999)( "...the Board has no
remedy provided under RCW 36.70A for failure to notify CTED 10 days after
adopting an Ordinance or Resolution. . . .); Woodmansee v. Ferry County,
2000 EWGMHB LEXIS 330 (2000)( "The County's failure to comply with RCW
36.70A.106 is not fatal to the enactment. ").
Because it is far better practice to avoid an issue of noncompliance (even if the
consequences of noncompliance are not necessarily fatal to an enactment), I
would strongly recommend that the City take action to consistently implement
the obligations imposed by RCW 36.70A.106 in any circumstance where
comprehensive planning or development regulations are at issue.
For the sake of reference, RCW 36.70A.106 is set forth, in its entirety, below:
§ 36.70A.106. Comprehensive plans -- Development regulations -- Transmittal
to state
(1) Each county and city proposing adoption of a comprehensive plan or
development regulations under this chapter shall notify the department of its
intent to adopt such plan or regulations at least sixty days prior to fmal
adoption. State agencies including the department may provide comments to the
county or city on the proposed comprehensive plan, or proposed development
regulations, during the public review process prior to adoption.
(2) Each county and city planning under this chapter shall transmit a
complete and accurate copy of its comprehensive plan or development
regulations to the department within ten days after final adoption.
(3) Any amendments for permanent changes to a comprehensive plan or
development regulation that are proposed by a county or city to its adopted plan
or regulations shall be submitted to the department in the same manner as
initial plans and development regulations under this section. Any amendments
to a comprehensive plan or development regulations that are adopted by a
county or city shall be transmitted to the department in the same manner as the
initial plans and regulations under this section.
Please let me know if I can be of any further assistance on this matter.
KWH:sk
Memorandum re: CTED notice -2-