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HomeMy WebLinkAbout01-08-14 YPC PacketCity of Yakima Planning Commission PUBLIC HEARING City Hall Council Chambers Wednesday January 8, 2014 3:30 p.m. - 5:00 p.m. YPC Members: Chair Ben Shoval, Co -Chair Dave Fonfara, Al Rose, Scott Clark, Paul Stelzer, Bill Cook ? E'�' � illyM".AE City Planning Staff: Steve Osguthorpe, Community Development Director/Planning Manager; Jeff Peters, Supervising Planner; Chris Wilson, Assistant Planner; and Rosalinda Ibarra, Administrative Assistant I. Call to Order II. Roll Call III. Staff Announcements Agenda Election of Chairman and Vice -Chair for the Yakima Planning Commission Audience Participation Study Session - Follow-up to the.Billbqards &Digital Signs Workshop Public Hearing - Text Amendment to YMC 15 Related to Marijuana Other Business Adjourn Visit uv w „ 1� ins< ria a; lnice Pl'ir,��nft under Quick Links for additional information. V ,lama 0 CITY OF YAMMA YAKIMA PLANNING COMMISSION WORKSHOP/PUBLIC HEARING City Hall Council Chambers SIGN -IN SHEET HEARING DATE: Wednesday JanuM 8, 2014 Mark X on item of interest ZIP NAME ADDRESS CODE E-MAIL ADDRESS Marijuana Billboards & Hearing Digital Si ns 9 4 Z ep 'Of J61, Of 5i x A 40 9 G -So �c 3 42- �-�D PaA-T-- \-,a- C=_kl XOkyo��C)A(& Qkvc,(�%A! 7 0 0 q ,z v is vy�l u PO C CV Luo V-, CA) \_1 a V_t_ ovl_ a-- V1 q Yakima Planning Commission Sign -In Sheet — 01/08/2014 M Mark X on item of interest Marijuana BUlboards & Hearing Digital Signs NAME ADDRESS zip CODE E-MAIL ADDRESS JM CMA It kvri u,m k UWA I "I Well 6M f7r 4io :5 7 J 6�,o_ C�o CA-LLAO L Yakima Planning Commission Sign -In Sheet - 01/08/2014 1-n p.yakhJI'pa iw 11.9 X11 CITY OF YAKIMA NOTICE OF PUBLIC HEARING Public Hearing before the City of Yakima Planning Commission Regarding Production, Processing and Retailing of Marijuana RITIC01411111 ill' FILE NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Yakima will conduct an open record public hearing to receive comments regarding the production, processing and retailing of marijuana within the City of Yakima. The Planning Commission will consider a proposed amendment to Title 15 of the Yakima Municipal Code banning the production, processing and retail sale of marijuana within the City of Yakima. Said public hearing will be held on Wednesday, January 8, 2014 at 3:30 p.m. in the Council Chambers at City Hall located at 129 North 2nd Street, Yakima, Washington. All interested parties are invited to attend this hearing. Written comments may be submitted to the Planning Commission in two ways: (a) Send a letter via regular mail to "Planning Commission, City of Yakima Planning Division, 129 North 2nd Street, Yakima, Washington 98901"; or (b) Email your comments to: ask. plannin akimawa. ov Include in the email subject line, "Marijuana." Please reference file number TXT#006-13 also include your name and mailing address. Dated this 23rd day of December, 2013. Rosalinda Ibarra Community Development Administrative Assistant YbMma tog �Ivhr 1,111minhdratdon O?M 2,i1"5' ."ms�uzusa, 5099 '� 57,5-6183, ii) flee �q qua replw��b�sRa��aa;aa^ i�tli�°iij����rko,aaru�wasl' ^ryo a wro�°^���u ryP��d�, ",*rv�S;.1 �a �� FORTHr,, TEXT AMENDMENT — MARIJUANA — YMC TITLE 15 URBAN AREA ZONING ORDINANCE (TXT#006-13) Yakima Planning Commission Open Record Public Hearing January 8, 2014 EXHIBIT LIST Applicant: City of Yakima Planning Division File Numbers: TXT#006-13 Site Address: Citywide Staff Contact: Steve Osguthorpe, AICP, Community Development Director Table of Contents Memorandum to Yakima Planning Commission from City Legal Dept (dated 12/18/2013) (a) (Proposed Draft) Findings of Fact, Conclusions of Law and Recommendation to City Council. (b) (Proposed) Ordinance amending YMC 15.01.035 regarding marijuana production, processing and retailing. (c) Initiative Measure No. 502. (d) Chapter 314-55 WAC, regulations adopted by the Washington State Liquor Control Board implementing Initiative 502. (e) City of Yakima Ordinance No. 2013-148, enacting moratorium. (fi) Resolution No. 2013-142, adopting Findings of Fact in support of moratorium enacted per Ordinance No. 2013-148. (g) Memorandum to City Council dated October 2, 2013 regarding Initiative 502. (h) Memorandum dated August 29, 2013 from U.S. Department of Justice, Office of the Deputy Attorney General, regarding marijuana enforcement in states of Colorado and Washington. (i) Letter from City Attorney dated December 10, 2013 to Washington State Attorney General's Office. (j) "White Paper on Marijuana Dispensaries," submitted by California Police Chiefs Association Task Force on Marijuana Dispensaries (April 22, 2009). (k) Materials dated November 4, 2013 in support of medical marijuana facilities, submitted to City Council by MCS of Central Washington. W�O ll. THµ LEGALR (ON) dFm LE DEPARTAMNT 200 South Thud Shwe Yakima, washmgbon 96901 (509P5-6M 0 Fac (509)5 6160 December 18, 2013 TO: City of Yakima Planning Commission Steve Osguthorpe, AICP, Director, Community Development Department FROM: Mark Kunkler, Senior Assistant City Attorney SUBJECT: Marijuana — Public Hearing — Record Documents A. Introduction. On January 8, 2014, the Planning Commission is scheduled to conduct a public hearing to consider a proposed amendment to the Yakima Municipal Code. The proposed amendment wound prohibit the production, processing and retailing of marijuana within the City of Yakima. B. Procedural Background. On October 8, 2013, the City Council adopted Ordinance No. 2013-048 imposing a six- month moratorium on the acceptance of applications for, and issuance of licenses and permits for, marijuana production, processing and retailing within the City of Yakima. At a public hearing on November 5, 2013 concerning the adoption and scope of the moratorium, the City Council approved the moratorium as originally enacted and adopted findings of fact supporting such enactment (Resolution No. 2013-142). Under the terms of the moratorium ordinance, the moratorium will expire on midnight, May 6, 2014 or upon adoption of municipal code provisions pertaining to the regulation of marijuana production, processing and retailing within the City of Yakima. The City Council vote to adopt the moratorium on October 8, 2013 was approved by a 4 — 3 vote. Those voting in favor expressed a preference to develop zoning and land use regulations to allow marijuana production, processing and/or retailing within the city. Those voting against expressed a preference that the City of Yakima prohibit the production, processing and retailing of marijuana within the city. Memorandum to Honorable Mayor and Members of the City Council December 23, 2013 Page 2 On or about November 5, 2013, following a public hearing on the moratorium, the City Council took another vote on the issue. At this meeting the vote was 4 — 3 to develop code amendments to ban marijuana production, processing and retailing within the City of Yakima. C. Proposed Amendment to Yakima Municipal Code. In response to the direction of the City Council, staff has prepared a proposed ordinance. The proposed ordinance amends YMC 15.01.035 to read as follows (shown in legislative format): 15.01.035 Illegal Uses Prohibited. A. General. No use that is illegal under local, state or federal law shall be allowed in any zone within the city. B. Specific -App lication Medical 'l arlivana 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, "dispensary" means any person, entity, site, location, facility, business, cooperative, collective, whether for profit or not for profit, that distributes, sells, dispenses, transmits, packages, measures, labels, selects, processes, delivers, exchanges or gives away cannabis for medicinal or other purposes. We I •• -• -• ••- • _ • s w • _ . r r • _ERM� .ice - w i +a s•'-ORe,WillMR I The preexisting portion of the code language was added in 2012 to address medical marijuana dispensaries and collective gardens. The effect of the code provisions was to prohibit medical marijuana dispensaries and collective gardens within the City of Yakima. The proposed amendment keeps the prior language but adds a specific subsection prohibiting marijuana production, processing and retailing within the City of Yakima. Memorandum to Honorable Mayor and Members of the City Council December 23, 2013 Page 3 D. Reasons for Amendment. The rationale supporting the proposed amendment is stated within the preamble to the proposed ordinance, the proposed findings of fact and conclusions of law in support of the proposed ordinance, and in the briefs and letters included within the record~ The rationale can be summarized as follows: (a) Marijuana remains illegal under federal law. The memorandum issued by the U.S. Attorney General's office on August 29, 2013 did not change the law, but only announced the decision of the U.S. Attorney's Office to exercise prosecutorial discretion with regard to enforcement of the federal law within the States of Colorado and 'Washington. The U.S. Attorney" Office reserved the power to prosecute in any instance where it felt the efforts of the states fell short of "robust regulation," where a threat exists for the illegal distribution to minors, or where a threat of interstate distribution of marijuana was encountered. (b) The City of Yakima has been granted constitutional authority to enact legislation regulating landuses within its jurisdiction so long as such local legislation is consistent with the general laws (Constitution Article 11, Section 11). (c) Nothing in Initiative Measure No. 502 ("Initiative 502") decriminalizing possession, use and delivery of specified amounts of marijuana and authorizing the Washington State Liquor Control Board (WSLCB) to develop and implement regulations for the licensing of marijuana production, processing and retailing expressly or impliedly preempts the City of Yakima from exercising its land use regulatory authority, including the ban of marijuana production, processing and retailing within city limits. (d) The prohibition of marijuana production, processing and retailing within the City of Yakima does not contravene the purposes of Initiative 502, and does not alter the provisions of Initiative 502 that authorize the WSLCB to designate the maximum number of marijuana retail outlets in each county. If a local ban is enacted by the City of Yakima, the number of retail outlets allocated by the 'I+ SLC13 to the City of Yakima become "at large" retail locations, At large retail outlets can be located in the unincorporated county or any other city not allocated a number of retail outlets, all in accordance with the provisions of Initiative 502. (e) While Initiative 502 contains restrictions prohibiting location of marijuana production, processing and retail outlets within 1,000 feet of public schools„ Memorandum to Honorable Mayor and Members of the City Council December 23, 2013 Page 4 public parks, public libraries and other protected uses, it does not contain restrictions prohibiting location of marijuana licensed facilities within residential districts, community recreational trails, or private parks, facilities and areas that serve the public. (f) Studies reporting secondary effects associated with analogous medical marijuana dispensaries in other cities and counties include reports of murders, robberies, burglaries, drug dealing, sales to minors, loitering, heavy foot and vehicle traffic, increased noise, odors, health hazards such as proliferation of molds; See, "White Paper on Marijuana Dispensaries," California Police Chiefs Association's Task Force on Marijuana Dispensaries (April 22, 2009) was issued ("°CAPCA White Paper"); Citr of Riverside v. inland Empire Patients Health and Welfare Center, 56 CalAt 729, 756, 300 P.3d 494 (2013). (g) Initiative 502 does not require that any city allow the location of any marijuana production, processing or retailing facility within its jurisdiction. Regulations adopted by the WSLCB implementing Initiative 502 specifically state that any license issued by the WSLCB does not constitute approval of the location of the licensed facility within any city. Such uses are subject to the land use regulations of the city. E. Record Documents. The following documents are presented as part of the record in this matter: (a) (Proposed Draft) Findings of Fact, Conclusions of Law and Recommendation to City Council. These are subject to the Planning Commission's review and revision. (b) (Proposed) Ordinance amending YMC 15.01.035 regarding marijuana production, processing and retailing. (c) Initiative Measure No. 502. (d) Chapter 314-55 WAC, regulations adopted by the Washington State Liquor Control Board implementing Initiative 502. (e) City of Yakima Ordinance No. 2013-148, enacting moratorium. (f) Resolution No. 2013-142, adopting Findings of Fact in support of moratorium enacted per Ordinance No. 2013-148. Memorandum to Honorable Mayor and Members of the City Council December 23, 2013 Page 5 (g) Memorandum to City Council dated October 2, 2013 regarding Initiative 502. (h) Memorandum dated August 29, 2013 from U.S. Department of Justice, Office of the Deputy Attorney General, regarding marijuana enforcement in states of Colorado and Washington. (i) Letter from City Attorney dated December 10, 2013 to Washington State Attorney General's Office. 0) "White Paper on Marijuana Dispensaries," submitted by California Police Chiefs Association Task Force on Marijuana Dispensaries (April 22, 2009). (k) Materials dated November 4, 2013 in support of medical marijuana facilities, submitted to City Council by MCS of Central Washington. (Omitting copy of City of Spokane Ordinance No. C-35037 creating new and amended municipal code provisions regulating medical marijuana collective gardens and land uses for production, processing and retailing of recreational marijuana. Reference is made to Spokane Municipal Code Chapters 10..49 and 10.50, which are available for view on the City of Spokane's web site.) BEFORE THE PLANNING COMMISSION OF THE CITY OF YAKIMA Public Hearing: January 8, 2014 Proposed Regulation of Marijuana ) Production, Processing and Retail ) FINDINGS OF FACT, CONCLUSIONS Uses in City of Yakima ) OF LAW, AND RECOMMENDATION THIS MATTER, having come before the Planning Commission of the City of Yakima (hereafter "Planning Commission") upon public hearing on January 8, 2014, and the Planning Commission having considered the record herein and all evidence and testimony presented, hereby makes the following 1. A public hearing was held before the Planning Commission on January 8, 2014 pursuant to notice duly published, all in accordance with applicable procedures of the Yakima Municipal Code and state law. 2. No objection was made to any member of the Planning Commission hearing and deciding all issues in this matter. 3. On November 6, 2012, the voters of the State of Washington approved Initiative Measure No. 502, ("Initiative 502"), now codified within Chapters 69.50, 46.04, 46.20, 46.21 and 46.61 RCW, which provisions (a) decriminalized possession and use of certain amounts of marijuana and marijuana paraphernalia; (b) amended state laws pertaining to driving under the influence of intoxicants to include driving under the influence of marijuana; and (c) authorized promulgation of regulations and issuance of licenses by the Washington State Liquor Control Board ("WSLCB") for the production, processing and retailing of marijuana. 4. Congress has previously enacted the Comprehensive Drug Abuse Prevention and Control Act of 1970, Pub.L. No. 91-513, 84 Stat. 1236, to create a comprehensive drug enforcement regime it called the Controlled Substances Act, 21 U.S.C. § 801-971. Under the Controlled Substances Act (also "CSA"), Congress established five "schedules" of controlled substances. Controlled substances are placed in specific schedules based upon their potential for abuse, 1 their accepted medical use in treatment, and the physical and psychological consequences of abuse of the substance. See 21 U.S.C. § 812(b). 5. Marijuana is currently listed as a "Schedule I" controlled substance, 21 U.S.C. § 812(c), Schedule I(c)(10). For a substance to be designated a Schedule I controlled substance, it must be found: (1) that the substance "has a high potential for abuse"; (2) that the substance "has no currently accepted medical use in treatment in the United States"; and (3) that "[t]here is a lack of accepted safety for use of the drug or other substance under medical supervision." 21 U.S.C. § 812(b)(1). The Controlled Substances Act sets forth procedures by which the schedules may be modified. See 21 U.S.C. § 811(a). 6. Under the Controlled Substances Act, it is unlawful to knowingly or intentionally "manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance," except as otherwise provided in the statute. 21 U.S.C. § 841(a)(1). Possession of a controlled substance, except as authorized under the Controlled Substances Act, is also unlawful. 7. The United States Supreme Court has held in Gonzales v. Raich, 545 U.S. 1, 125 S.Ct. 2195, 162 L.Ed. 2d 1 (2005). that Congress was within its rights and powers under the Commerce Clause to regulate marijuana as a Schedule I controlled substance pursuant to the Controlled Substances Act, and that, under the Supremacy Clause of the U.S. Constitution, the federal Controlled Substances Act will prevail over any conflicting state law. 8. WAC 314-55-020(11) promulgated by the WSCLB under the authority of Initiative 502 describes the license permit process and includes the following limitation: (11) The issuance or approval of a license shall not be construed as a license for, or an approval of, any violations of local rules or ordinances including, but not limited to: Building and fire codes, zoning ordinances, and business licensing requirements. 9. Pursuant to Article 11, § 11 of the state Constitution, the general police powers granted to cities empower and authorize the City of Yakima to adopt land use controls to provide for the regulation of land uses within the city and to provide that such uses shall be consistent with applicable law. 10. One of the primary purposes of the Growth Management Act is to empower cities planning under the Act to develop and adopt land use controls reflecting the local needs of the community. As provided in RCW 36.70A.010: "It is in the public 2 interest that citizens, communities, local governments, and the private sector cooperate and coordinate with one another in comprehensive land use planning." 11. The Planning Commission finds and determines that Initiative 502 does not preempt the City of Yakima from exercising and administering its constitutional and statutory land use regulatory authority to either allow and regulate land uses within the city limits, or to prohibit and ban such uses. 12. The Planning Commission finds and determines that the prohibition of marijuana production, processing and retailing as defined by Initiative 502 and regulations promulgated thereunder is consistent with federal law and not in conflict therewith. 13. The Planning Commission finds and determines that prohibiting within the City of Yakima the production, processing and retailing of marijuana, as set forth in Initiative 502 and its implementing regulations, will maintain adequate access in areas in the vicinity of the city for marijuana production, processing and retailing for residents within the City of Yakima, and is consistent with the provisions of Initiative 502 and its implementing regulations. 14. The Planning Commission finds and determines that documented secondary effects associated with analogous medical marijuana dispensaries in other cities and counties include murders, robberies, burglaries, drug dealing, sales to minors, loitering, heavy foot and vehicle traffic, increased noise, odors, health hazards such as proliferation of molds; See, "White Paper on Marijuana Dispensaries," California Police Chiefs Association's Task Force on Marijuana Dispensaries (April 22, 2009) was issued ("CAPCA White Paper"); City of Riverside v. Inland Empire Patients Health and Welfare Center, 56 Cal.4t" 729 756, 300 P.3d 494 (2013). 15. The Planning Commission finds and determines that the prohibition of marijuana production, processing and retail uses within the City of Yakima is the only effective means to protect residential districts, recreational facilities, families and children within the City of Yakima. 16. The Planning Commission finds and determines that Section 15.01.035 of the Yakima Municipal Code should be amended to prohibit marijuana production, processing and retailing, as defined in Initiative 502 and its implementing regulations, within the City of Yakima. 17, The Planning Commission finds and determines that the prohibition of marijuana production, processing and retailing is subject to the authority and general police power of the city to develop specific and appropriate land use controls regarding 3 such uses, and the City Council reserves its powers and authority to appropriately amend, modify and revise such prohibition to implement such land use controls in accordance with applicable law. 18. The Planning Commission finds and determines that such amendments authorized herein are not intended to regulate the individual use of marijuana as authorized by Initiative 502. 19. The Planning Commission finds and determines that Title 15 of the Yakima Municipal Code should be amended as set forth in Exhibit "A" attached hereto and incorporated herein by this reference, to add a new subsection to YMC 15.01.035 providing that no use that is illegal under local, state or federal law shall be allowed in any zone within the city, and that such amendment specifically applies to prohibit, within the City of Yakima, the production, processing and retail sale and distribution of marijuana, all as specifically defined and described in Initiative Measure No. 502 and Chapter 314-55 of the Washington Administrative Code (WAC), as now existing or hereafter amended. 20. The Planning Commission finds and determines that the proposed amendment as set forth in Exhibit "A" does not regulate, and is not intended to regulate, individual possession, consumption and use of marijuana as authorized pursuant to Initiative Measure No. 502, codified within Chapters 69.50, 46.04, 46.20, 46.21 and 46.61 RCW, which possession, consumption and use shall be subject to the provisions of such state statutes and enactments. 21. Any Finding of Fact, or portion thereof, hereafter determined by a court of competent jurisdiction to be a Conclusion of Law shall be construed as a Conclusion of Law without derogation of any other Finding of Fact. Having made the above Findings of Fact, the Planning Commission makes the following 1. The Planning Commission has jurisdiction to receive all evidence and testimony in this matter, and to make these Findings of Fact, Conclusions of Law and Recommendation concerning all issues herein. 2. There being no objection to any member of the Planning Commission proceeding to hear and consider all matters herein, any and all objections arising or alleged to arise out of the appearance of fairness doctrine or provisions related to conflict of interest are hereby deemed waived. 4 3.. All procedural requirements pertaining to notice, scheduling and conducting the public hearing have been met and are satisfied. 4. All procedural requirements pertaining to amendment of Title 15 of the Yakima Municipal Code have been met and are satisfied. 5. The proposed legislation as set forth in Exhibit "A" attached hereto consists of a proposal to adopt legislation by ordinance relating solely to governmental procedures and contains no substantive standards respecting use or modification of the environment, and is therefore categorically exempt from threshold determination and EIS requirements under the State Environmental Policy Act (SEPA) pursuant to WAC 197-11-800(19). 6. The adoption of the proposed legislation as set forth in Exhibit "A" constitutes an exercise of the general police and regulatory powers of the city as authorized by, but not limited to: Washington State Constitution Article 11, Section 11; Chapter 35.22 RCW, and RCW 35.22.195; Charter of the City of Yakima, Article I; and the Yakima Municipal Code. 7. The exercise of the city's general police and regulatory power to adopt the proposed legislation is specifically authorized by and consistent with Initiative 502 as adopted and codified within the Revised Code of Washington and Chapter 314-55 WAC, including but not limited to WAC 314-55-020(11). 8. The adoption of the proposed legislation is not in conflict with, nor preempted by, the Comprehensive Drug Abuse Prevention and Control Act of 1970, Pub. L. No. 91-513, 84 Stat. 1236, or the Controlled Substances Act, 21 U.S.C. § 801-971. 9. The adoption of the proposed legislation is not in conflict with, nor preempted by, Initiative 502 as adopted and codified within the Revised Code of Washington, and Chapter 314-55 WAC. 10. The adoption of the proposed legislation constitutes a land use control rationally and reasonably related to control documented secondary effects arising from unregulated marijuana dispensaries and collective gardens. The city is entitled to rely on facts, reports and studies of prepared by other jurisdictions when analyzing secondary effects associated with marijuana. See, e.g., City of Renton v. Playtime Theaters, Inc., 475 U.S. 41, 106 S.Ct. 925 (1986). 5 11. Under the current application of federal law prohibiting the production, dispensing, possession and use of marijuana, and the provisions of state law decriminalizing production, possession and use of marijuana as authorized by Initiative 502 as adopted and codified in the Revised Code of Washington, no clear precedential decisions of any court with jurisdiction have been issued, nor federal legislation passed, addressing the conflict between applicable federal law and state law decriminalizing use, possession, production, processing and retailing of marijuana. In the absence of such clarification, the city is at risk of being found to have aided and/or abetted a violation of applicable federal law by adopting and implementing any regulatory scheme that could be construed to constitute an authorization of conduct in violation of federal law. The adoption of the proposed legislation constitutes an exercise of the city's general police powers to prohibit any such marijuana production, processing and retail use, sale and distribution in any zone of the city, thereby adopting local regulation not in conflict with either state or applicable federal law. In the event any court of competent jurisdiction issues a decision with precedential effect for courts of the State of Washington, or in the event subsequent legislation is passed, removing any conflict between federal and state law, the city has authority under its general police and regulatory powers to adopt subsequent legislation to impose and implement appropriate controls for the land use regulation of marijuana production, processing and retailing. 12.The Planning Commission concludes that the adoption of the proposed legislation attached hereto as Exhibit "A" will prohibit only the production, processing and retailing of and for marijuana within the City of Yakima, and will not prohibit the individual use, possession or consumption of marijuana authorized in accordance with, and subject to the provisions and restrictions of, Initiative 502 as adopted and codified in the Revised Code of Washington. 13.Any Conclusion of Law, or portion thereof, hereafter determined by a court of competent jurisdiction to be a Finding of Fact shall be construed as a Finding of Fact without derogation of any other Conclusion of Law. Having made the above Findings of Fact and Conclusions of Law, the Planning Commission hereby renders its RECOMMENDATION TO CITY COUNCIL The Planning Commission of the City of Yakima, having received and considered all evidence and testimony presented at public hearing, and having received and reviewed 11 the record herein, hereby recommends that the City Council of the City of Yakima APPROVE the proposed legislation attached hereto as Exhibit "A." ADOPTED AND APPROVED this 8t" day of January, 2014. M Ben Shoval, Chair 7 ORDINANCE NO. 2014 - AN ORDINANCE amending Section 15.01.035 of the Yakima Municipal Code prohibiting production, processing and/or retail outlets and sales of marijuana in all zones of the city; and terminating moratorium implemented pursuant to Ordinance No. 2013-048. WHEREAS, on November 6, 2012, the voters of the State of Washington approved Initiative Measure No. 502 ("Initiative 502"), now codified within Chapters 69.50, 46.04, 46.20, 46.21 and 46.61 RCW, which provisions (a) decriminalized possession and use of certain amounts of marijuana and marijuana paraphernalia; (b) amended state laws pertaining to driving under the influence of intoxicants to include driving under the influence of marijuana; and (c) authorized promulgation of regulations and issuance of licenses by the Washington State Liquor Control Board ("WSLCB") for the production, processing and retailing of marijuana; and WHEREAS, Congress passed the Comprehensive Drug Abuse Prevention and Control Act of 1970, Pub.L. No. 91-513, 84 Stat. 1236„ to create a comprehensive drug enforcement regime it called the Controlled Substances Act, 21 U.S.C. § 801-971. Under the Controlled Substances Act (also "CSA"), Congress established five "schedules" of controlled substances. Controlled substances are placed in specific schedules based upon their potential for abuse, their accepted medical use in treatment, and the physical and psychological consequences of abuse of the substance. See 21 U.S.C. § 812(b); and WHEREAS, marijuana is currently listed as a "Schedule I" controlled substance, 21 U.S.C. § 812(c), Schedule 1(c)(10). For a substance to be designated a Schedule I controlled substance, it must be found: (1) that the substance "has a high potential for abuse"; (2) that the substance "has no currently accepted medical use in treatment in the United States"; and (3) that "[t]here is a lack of accepted safety for use of the drug or other substance under medical supervision." 21 U.S.C. § 812(b)(1). The Controlled Substances Act sets forth procedures by which the schedules may be modified. See 21 U.S.C. § 811(a); and WHEREAS, under the Controlled Substances Act, it is unlawful to knowingly or intentionally "manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance," except as otherwise provided in the statute. 21 U.S.C. § 841(a)(1). Possession of a controlled substance, except as authorized under the Controlled Substances Act, is also unlawful; and WHEREAS, the United States Supreme Court has held in Gonzales v. Raich, 545 U.S. 1, 125 S.Ct. 2195, 162 L.Ed. 2d 1 (2005). that Congress was within its rights and powers under the Commerce Clause to regulate marijuana as a Schedule I controlled substance pursuant to the Controlled Substances Act, and that, under the Supremacy Clause of the U.S. Constitution, the federal Controlled Substances Act will prevail over any conflicting state law; and WHEREAS, WAC 314-55-020(11) promulgated by the WSCLB under the authority of Initiative 502 describes the license permit process and includes the following limitation: (11) The issuance or approval of a license shall not be construed as a license for, or an approval of, any violations of local rules or ordinances including, but not limited to: Building and fire codes, zoning ordinances, and business licensing requirements; and WHEREAS, pursuant to Article 11, § 11 of the state Constitution, the general police powers granted to cities empower and authorize the City of Yakima to adopt land use controls to provide for the regulation of land uses within the city and to provide that such uses shall be consistent with applicable law; and WHEREAS, one of the primary purposes of the Growth Management Act is to empower cities planning under the Act to develop and adopt land use controls reflecting the local needs of the community. As provided in RCW 36.70A.010: "It is in the public interest that citizens, communities, local governments, and the private sector cooperate and coordinate with one another in comprehensive land use planning;" and WHEREAS, the City Council finds and determines that Initiative 502 does not preempt the City of Yakima from exercising and administering its constitutional and statutory land use regulatory authority to either allow and regulate land uses within the city limits, or to prohibit and ban such uses; and WHEREAS, the City Council finds and determines that the prohibition of marijuana production, processing and retailing as defined by Initiative 502 and regulations promulgated thereunder is consistent with federal law and not in conflict therewith; and WHEREAS, the City Council finds and determines that prohibiting within the City of Yakima the production, processing and retailing of marijuana, as set forth in Initiative 502 and its implementing regulations, will maintain adequate access in areas in the vicinity of the city for marijuana production, processing and retailing for residents within the City of Yakima, and is consistent with the provisions of Initiative 502 and its implementing regulations; and WHEREAS, the City Council finds and determines that documented secondary effects associated with analogous medical marijuana dispensaries in other cities and counties include murders, robberies, burglaries, drug dealing, sales to minors, loitering, heavy foot and vehicle traffic, increased noise, odors, health hazards such as proliferation of molds; See, "White Paper on Marijuana Dispensaries," California Police Chiefs Association's Task Force on Marijuana Dispensaries (April 22, 2009) was issued ("CAPCA White Paper"); City of Riverside v. Inland Empire Patients Health and Welfare Center, 56 CaIAth 729, 756, 300 P.3d 494 (2013); and WHEREAS, the City Council finds and determines that the prohibition of marijuana production, processing and retail uses within the City of Yakima is the only 2 effective means to protect residential districts, recreational facilities, families and children within the City of Yakima; and WHEREAS, the City Council of the City of Yakima finds and determines that Section 15.01.035 of the Yakima Municipal Code should be amended to prohibit marijuana production, processing and retailing, as defined in Initiative 502 and its implementing regulations, within the City of Yakima; and WHEREAS, the City Council finds and determines that the prohibition of marijuana production, processing and retailing is subject to the authority and general police power of the city to develop specific and appropriate land use controls regarding such uses, and the City Council reserves its powers and authority to appropriately amend, modify and revise such prohibition to implement such land use controls in accordance with applicable law; and WHEREAS, the City Council finds and determines that such amendments authorized herein are not intended to regulate the individual use of marijuana as authorized by Initiative 502 ; and WHEREAS, the Planning Commission has held and conducted an open record public hearing on January 8, 2014, all pursuant to 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 the above-described amendments, which Findings of Fact and Conclusions of Law are attached hereto as Exhibit "A" and incorporated herein by this reference; and WHEREAS, the City Council has held and conducted a public hearing on January 21, 2014 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 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. The City Council hereby adopts as its own, and approves, the Findings of Fact, Conclusions of Law and Recommendation of the Planning Commission adopted by the Planning Commission following its public hearing on January 8, 2014, all as set forth in Exhibit "A" attached hereto. gection 2. Section 15.01.035 of the Yakima Municipal Code is hereby amended to provide as follows: 15.01.035 Illegal Uses Prohibited. A. General. No use that is illegal under local, state or federal law shall be allowed in any zone within the city. 3 B. S ecific Application — Medical Marhuana 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, "dispensary" means any person, entity, site, location, facility, business, cooperative, collective, whether for profit or not for profit, that distributes, sells, dispenses, transmits, packages, measures, labels, selects, processes, delivers, exchanges or gives away cannabis for medicinal or other purposes. NMI am M no Section 3. Except as amended herein, Title 15 of the Yakima Municipal Code shall remain unchanged. Section 4. The moratorium adopted and imposed on October 8, 2013 pursuant to Ordinance No. 2013-048 shall terminate upon the date this ordinance becomes effective in accordance with the provisions of Section 5 below. Section 5. This ordinance 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 21St day of January, 2014. ATTEST: City Clerk Publication Date: Effective Date: 0 Micah Cawley, Mayor C ()ull II /N1.1,Y Ph"I"E I SOMI^ lirT DEP RTAEW FOR rim, 129 Norlh Sectond Yakima, 141awhinglon 98901 R ECORD / I" a LE Phone (509)575-611 �a GFetx (5 19) 576��6576 MEMORANDUM TO: Planning Commission FROM: Steve Osguthorpe, AICP, Community Development Director SUBJECT: Public Workshop - Billboards & Digital Signs Date: January 8, 2014 As follow-up to our December 11 Public Workshop on billboards and digital signs I have prepared the attached summary of public comments, which includes both oral testimony at the workshop, and written testimony submitted prior to and after the workshop. As you will see, suggestions varied widely, particularly regarding regulations of billboards, but most people favored some regulation of digital signs. Based upon the comments, the following approaches might be considered (I have addressed billboards and digital signs separately): Billboard Options: 1. Retain the status quo — change nothing. This option would reflect the input of the billboard industry, which claims that there is no need to put any further restrictions on billboards because (a), the industry is one of the most highly regulated industries in America, (b) billboards are highly regulated in Yakima and they can't put billboards up everywhere the code allows them, (C) Since 2009 only one billboard has been installed and one billboard converted to digital, (d) the industry regulates itself as far as illumination goes, and (e) that it already complies with an 8 -second rule. 2. Retain the status quo but impose digital regulations including brightness of illumination and rapidity of message change. This option would likely be acceptable to the billboard industry because at least one industry rep. states that his company already complies with intensity limitations and already limits the rapidity of message changes. However, this requires further discussion to determine if the standards the industry imposes on itself are the standards that would be acceptable to the City. (See staff comments below). ftlduna Code Adnuniviration (509)575-6126 Planning �5050) 575 083 , I,mm�� µ SM � w ��:a�� a � b,ru, ° r� m,> � a � �,°�u,,� u N y �w,",C business community. The impact of this option to the billboard industry would be the same as Option 4, but it would be potentially more burdensome to existing businesses in the city that currently rely upon off -premise signage other than billboards. 6. Allow mobile billboards. This was the request of one individual. These are currently not permitted in the manner the individual requesting them desired, in part because they are considered off -premise signs and off -premise signs are specifically excluded from some of the zoning districts this individual hoped to advertize in, and also because they are not defined under any specific sign type (e.g., free- standing sign, wall sign, temporary sign, etc). Staff observations pertaining to the above billboard options: Staff appreciates the fact that the industry has self-imposed standards that facilitate consistency and predictability in how billboards are operated. Staff suggests that the Commission carefully evaluate how those standards are worded and interpreted by the industry to ensure that they align with the Commission's understanding of such standards. For example, the industry's definition of what constitutes a changing message is apparently different than what staff considered during its inventory of billboards. When staff reported that the billboard on Valley Mall Blvd. and Longfibre Road contained 13 changeable messages, Peter Grover of Metro Outdoor Advertising responded that it does not contain 13 messages because the rules of Outdoor Advertising Association of America (OAAA) limit messages to 8. He said there might be loops that bring it back around to different copy from the same advertiser, but that there were no more than 8 advertisers. However, my report did not enumerate how many businesses placed the ads; only on the number of changing messages because the concern was the amount of messages a driver can read without being unduly distracted. There were 13 changing messages documented for that sign. Another example of the industry interpreting standards different than what we might expect is how it interprets a "static" or "non -animated" billboard. When referring to Metro Outdoor's billboard on Nob Hill Blvd and So. 1"' Street, Mr. Grover stated that this digital billboard conforms to OAAA"s limit of 8 seconds between "advertisers". However, the 8 seconds devoted to single advertisers are not 8 -second pauses; they are 8 seconds in full -motion with pictures, lines of text and graphics appearing and changing rapidly. These full -motion ads on Metro Outdoor's billboards are consistent with the following statements from Metro's web page: Under hti :lfwww.metrooratdoorlle.coin/aboutus.htrnl (The following language is under the "About Us" tab): "Metro Outdoor was formed in 2005 with headquarters in: Phoenix, Arizona have also brought to Yakima the latest in, Digital technology and are operating the only full moiiondisplay This display, ► :N at West Noib Hill and South 1 st Street, is like Under hitt ://www.n,ietrooutdog[llg.coLldi italshowcase.html (The following language is under the "Digital Showcase" tab): "The only Full Motion Billboards on Private Land in the USA!" "2 Digital Displays to Keep your message moving!" "Metro's full motion digital display is the latest in LED technology and is one of only a few in the United States. It provides for faster time to market, better custorner targeting and the flexibility to change your copy quickly and frequently." "With up to twice the brightness as our competitors and better resolution, the conventional billboard has been transformed into the perfect high-tech electronic outdoor display. Not only is our digital technology full color and large format, it also has many distinct advantages including displaying full motion animation and in effect, combining specialized television commercials with outdoor advertising into one unique advertising medium." "Metro's high profile digital display location at West Nob Hill Blvd. and South 1 st St. in Yakima. " [See full motion display graphic of this referenced sign on cited web page] "Metro's 2nd high profile digital display is on Valley Mall Blvd. across from Costco and Toyota!" [See full motion display graphic of this referenced sign on cited web page] As the above language from Metro's webpage indicates, the intent behind the 8 -second rule versus the way it is interpreted and applied can be significantly different. Regarding brightness of illumination, staff has received comments from individuals living in Terrace Heights that the Nob Hill Blvd and So. 1 "t Street billboard can be seen changing messages from their homes. Mr. Grover stated at the public workshop that this billboard meets industry's standard for brightness and that he could not dim it any further without turning it off. It might therefore be useful for commission members to view the sign at night and determine if its brightness reflects an acceptable standard. Metro's webpage states that this sign has "up to twice the brightness as our competitors" It might therefore be helpful to compare the brightness of this digital sign to those of other companies. 2 Finally, regarding comments on permit activity for billboards, it is true that the City issued one permit for a new billboard since 2009 and one for a digital update. However, the City issued 10 billboard permits since 2008 and issued a total of 15 permits since 2006. Nonetheless, it is not clear when most billboards were actually installed since we have no record of permits for 62% of existing billboards in the City. It appears that many have been installed without permits. Additional Billboard Considerations. In addition to options reflecting the verbal testimony at the public workshop, the following options might be considered in response to written comment: a. Suzanne Noble suggested that we allow billboard messages only if a scene of Yakima landscape were displayed on a second billboard. This option would likely be difficult to enact due to issues pertaining to regulation of content. In the alternative, Ms. Noble stated that she favors not providing any more billboard space, finding that they are annoying, unpleasant and difficult to avoid. Options 3 — 5 would achieve Ms. Noble's stated preference. b. Heather Lowe asks that we enact an ordinance that bans digital billboards, reduces existing billboards, and affords strict management of on -premise sign. Options 4 & 5 would achieve Ms. Lowe's request, as would an amortization clause for existing billboards. Digital Sign Options: The feedback on digital signs focused primarily on the technical issues of brightness and timing between messages, and this came from billboard and sign industry representatives. Based upon industry input, the following options might be considered: Digital Signs: 1. Retain the status quo — change nothing. This option would reflect the input from the billboard industry attesting that they adequately regulate themselves in terms of brightness and changing of messages.. However, the industry does suggest that rules may be necessary to similarly regulate on -premise signs. 2. Adopt standards that limit the brightness and intensity of illumination and that also regulate the timing of message change and animation. This option would reflect the input of the billboard industry attesting that there is no need to put any further restrictions on billboards because of self-imposed regulations, but that on -premise signs should meet a standard at least as restrictive as billboard industry standards. 5 Staff observations pertaining to the above 4i ital sii options: Option 1 would reflect primarily the input of Jean Owens. She was the one individual who expressed concern over adoption of additional regulations on businesses. Most speakers seemed comfortable with the idea of regulating both the intensity and motion of digital signs and this seemed to be a common theme amongst those who spoke. However the degree to which they would be regulated would require more discussion and analysis. Specifically, it appears that there are divergent ideas on what constitutes an animated sign and how the timing between advertisements would be regulated. As the above staff comments pertaining to digital billboards demonstrates, the industry may interpret "8 seconds between messages" quite differently than we might otherwise assume. Commission members may wish to drive by the digital billboard on North 1St Street just beyond J Street and compare its change of messages to that of Metro's sign on Nob Hill Blvd and So. 1 St Street. The No 1 St Street billboard has completely static ads with no motion and no animation. It's only change is the instantaneous transition from one ad to another. We should also ensure that everyone is on the same page in terms of how we define maximum brightness. For example, James Carpentier, representing the International Sign Association (ISA) informed me that measuring illumination with NITs is now obsolete and suggested instead that illumination be measured in foot-candles, whereas Peter Grover stated that the billboard industry still measures in NITs. Mr. Carpentier offered to have a digital sign brought in to help illustrate different brightness levels. Staff believes that this would provide a more sure way of determining an acceptable brightness levels. We might also be able to compare illumination by both NITs and foot- candles. Mr. Grover stated that his digital billboard is reduced down to 350 NITs at night, but Mr. Carpentier stated that the suggested 0.3 foot-candles is equivalent to 320 NITs, meaning that Metro's sign would have to be somewhat dimmer to meet ISA's recommended standards. It is unclear how significant those differences are without an actual demonstration. I can contact Mr. Carpentier to see if he is still willing to do this if the Commission would like to pursue that option. However, that would require an evening meeting so we would need to adjust our schedules accordingly. Additional Digital Sign Considerations. As part of his verbal testimony at the public workshop, David Servine referenced and stated support for the written comments submitted by James Carpentier. Mr. Carpentier offered the following recommendations. a. Adopt a 0.3 foot-candle standard for regulating brightness. He states that this is equivalent to -320 nits or less of an all -white EMC (electronic message center) background at night. b. Require that all EMC's be equipped with a sensor or other device that automatically determines the ambient illumination and is programmed to automatically dim. c. Adopt a definition for digital sign as follows: "Digital Sign - A sign that is capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means." d. Do not enact any color or text -only restrictions e. If we enact a hold time for EMCs keep them in the 3 to 4 second range. Transition time for fade in and out should not exceed 1 second. C0 f. Maintain separate and distinct regulations for on -premise and off -premise signs. g. Consider positive economic impacts of EMCs on the business community. Option 2 would facilitate Mr. Carpentier's recommendations, provided that the actual figures adopted under Option 2 were in line with the figures he recommends. Some additional things the Commission may wish to consider in terms of digital signs that were not discussed during the workshop include the following: a. The number and size of di ital si ns ermined. Some jurisdictions limit the number and size of digital signs. We can refer to the spreadsheet I provided at the last meeting for examples. It should be noted that James Carpentier suggested that the City allow 75% or 100% of a freestanding sign to be digital. b• Appropriate zones for digital signs, Some jurisdictions either do not allow digital signs in residential and other sensitive zones, or they limit sign text in those zones to monochrome display or dark background only. c. Method of disolaving-AbilgL signs. The Commission may wish to discuss whether digital signs should be incorporated into a static sign or allowed to be displayed independently. There is no identifiable trend with other jurisdictions on this one way or the other, but it may be something to consider. d• lei ital Si res as an Incentive. Allow digital signs as an incentive to forgo other forms of temporary promotional exterior signs such as banners. Since digital signs have become such a common form of promotional advertising, the idea would be to allow digital signs in lieu of banners and other forms of temporary exterior signs. This could clean up much of the "visual clutter" that occurs when temporary signs start to dominate commercial streetscapes, and might compensate to a degree for the some of the visual impact that digital signs themselves create. e. Porro of Mess e Transition. What ever time period is defined for each message (e.g., 8 seconds), the quickness of the change can be startling, particularly as we see more and more digital signs in a confined area, each changing at different time. This could be mitigated by having signs messages transition with quick fade-ins rather than instantly appearing. A good way to illustrate this is to refer to the "entrance" options in a PowerPoint presentation. You are given the option to have a message "appear", which occurs instantly, or "fade" which has messages come in less abruptly. The 'Very fast" speed in PowerPoint is almost instant, but takes the abruptness out of the appearance. Conclusions: The Commission intentionally decided at its November 13 meeting to not pursue any specific course of action until we could first solicit public input and explore various options. We received valuable written comments and valuable feedback at the December 11 public workshop, but attendance at the workshop by both business owners and general citizens was light. Staff received comments that its timing was too close to the holidays. I therefore recommend that the Commission continue to receive feedback during all proceedings in the same manner as we did with the cell tower issue. We will look for other means of notification to both businesses and residents as we discussed at 7 the November 13 Planning Commission meeting. However, we'll need to focus fairly quickly and begin developing a specific course of action to meet the moratorium deadline. I recommend that the Commission begin at this next meeting (January 8) to provide some preliminary direction to staff so that we can start drafting actual code language and get the SEPA process going right away. To facilitate this process, it might be helpful to discuss digital sign regulations first since they could be a common component to both on -premise signs and billboards. Attachments: Spreadsheet of Billboard and Digital Sign Regulations in Washington Cities Summary of Comments from the December 11, 2013 Workshop Letter of James Carpentier dated December 10, 2013 (referenced during the public workshop) Billboard / Digital Sign - Regulations in Washington Cities Billboards Prohibit Off- Allow New Allow Digital E Allowed Prohibit New premise Signs Billboards Only Prohibit Digital Digital Design Restrictions Only with Eliminate Existing City / Jurisdiction with Size/ Location Billboards (including with Relocation Billboards / Signs Reduction Billboards By Restrictions billboards) Permit Provision Amortization Ellensburg ✓ TC zone only, CUP One digital sign per frontage, required, 288 sq.ft. 3 sq.ft. max, 64 sq.ft. max. m for public use. I 3 -second rule applies. 10 -seconds pause for entire message. Grandview ✓ 3 3 i F 3 Kennewick E ✓ ✓ _ ✓ Must meet size, area, height and electrical requirements by specified date_ Moses Lake / 50 sq.ft. max. size. Illumination limit - 8,000 nits daytime; 1000 nits C nighttime. 10 -second rule. No white back round F 3 Pasco I ✓ (with exceptions p for directional signs) 3 1 Pullman i ✓ a W Richland j ✓ ✓ Selah : ✓ I ✓ 1 Spokane ✓ Illumination limit - .3 foot- F [3 candles. 2 -second rule applies. Limited to 50% of 1 l l allowable signage. I Prohibited in CBD zone. [ Spokane Valley ./ ✓ ✓ 1 Sunnyside Totally discretionary ✓ (with very limited with no guaranteed exceptions) j 11 right. 200 sq.ft. max - Prohibited along F designated entryways. \\apollo\Users\sosgutho\Momtoria\Billboards\Spreadsheet of City Regulations - Revised 01.02-14.doc Page 1 Billboards Prohibit Off- Allow New Allow Digital Allowed Prohibit New premise Signs Billboards Only Prohibit Digital Digital Design Restrictions Only with Eliminate Existing City Jurisdictionwith with Size/ Location Billboards (including Relocation Billboards Signs Reduction Billboards By Restrictions billboards) Permit Provision Amortization I Toppenish Allows digital only if no more than 40% of sign face. No moving images, 5000 nits day. 500 nits ni ht� Union Gap ✓ 00 Walla Walla ✓(No changing Allows electronic text only message centers) Wenatchee ✓Lyimnited to 60 sq.ft. (Effectively) @ 30 feet tall or 100 SCIA. @ 8 ft. tall. Yaldma V MI, M2, CBD, GC and RD zones. 35 ft. tall, 500 ft. spacing. Auburn ✓ Illumination limit - 8,000 nits daytime; 0 nits nighttime. 500 L5 second rule applies, 5 second scroll allowed. (Allowed for non- j 4 minute rule applies. commercial use only) 8 hour rule applies. No Motion or animation. I Limited to text only. U Bellingham Bothell ✓ Bremerton Burien 1 Limited to 50% area of free- standing sign. Centralia ✓ V (90 days) Des Moines ✓ Illumination limit - 5,000 nits daytime; 500 nits nighttime. L 2 -second rule applies. No animation. Page 2 Billboards Prohibit Off- Allow New . . . . Allow Digital Allowed Prohibit New premise Signs Billboards 0nly�� a■m .a■� Design Restrictions Only with. Eliminate Existing City /Jurisdiction with mm Location a■b_6 AAS with Relocation Billboards Signs Reduction Billboards By Restrictions billboards) Permi!Pm m , Amortization 1 a ve e - § w eremoval .. }Everet grade, lo'«any ._ separation, mm _conform9 . . �_m m� . . :�lk� _� by . m��,� . remove/conform |� � � km G$ . � Federal Way �— — . � Fife .. \ . ✓ . . : � � Gig N� « .Kent(prohibition . ff- � applies moff- . . premise _� e� 2 . . . .. _ � 7 Lakewood . . �� e &— mm_:aka |\ rule applies. +« J ka . , i � _,m»Dimming � ; . ��+mom � * . ace ✓ - Qminute s c/fir [Pork Angeles » c and Industrial§ — . ;! . . .. . # second rule app . . . Zoney ; . .1000E pm& } ; Port D*�} . ✓ . ✓ ✓wlSA \ ¥ Poulsbo . . | I h9liP . — zsecond 6eapp. : i� n Page Page 4 Billboards Prohibit Off- Allow New Allow Digital Allowed Prohibit New premise Signs Billboards Only Prohibit Digital Digital Design Restrictions Only with Eliminate Existing City / Jurisdiction with Size/ Location Billboards (including with Relocation Billboards / Signs Reduction Billboards By Restrictions billboards) Permit Provision Amortization F Sea Tac ✓ ✓ [ Illumination limit - 8,000 ✓ ` nits daytime; i 500 nits nighttime. € 1.5-second rule applies. Requires dark background. Seattle ✓ (subject to removal ✓ (except under ✓ (within 660 feet of ✓ ✓ (billboards) 2 second rule, with 20 E clause). removal clause). 1 highways) second pause. Sequim 1 ✓ — [ e ;Shelton (exceptfor f C 10-acre shopp=ng i center) ; Shoreline ✓ ✓ 20-second rule applies No v moving messages. a+ Tacoma ✓ (subject to removal ✓ (except under ✓ ✓ 3 clause). removal clause). Vancouver ✓ ✓ 4 / 8 second rule applies. f 3 Illumination limit - 8,000 E nits daytime; 3 1000 nits nighttime. Requires ambient light monitor Woodinville ✓ ✓ ✓ (Allowed only in 32 sq.ft. max. Single color i Public/Institution only (warm tone). Zone) 4 second rule applies. Legend — Cities highlighted in yellow are those that permit the typical billboard without any requirements for mitigation (e.g., no requirements to remove existing billboards to allow new billboards), and without limiting factors such as the fully-discretional, no guarantee provisions of Sunnyside. Of those jurisdictions that allow billboards, Yakima and Grandview are the least restrictive in terms of required spacing, lack of illumination restrictions, and the number of zones in which billboards are permitted Page 4 Summary of Comments - Billboards and Digital Signs - The following is a summary of oral comments provided at the December 11, 2013 public workshop on billboards and digital signs: Jean Owens (Local business owner & Selah resident) — Stated that she is appalled that the city is taking up this kind of time on this issue, and that she didn't think the city would try to consider regulating the signs. She asked if the city did any research or had any statistics on the safety aspect of signs. David Serving (International Sign Association & Yakima resident) — Spoke of the importance of digital communication in this day and age, stating that it's impossible to avoid. He spoke in support of recommendations in a letter submitted by James Carpentier (letter is separately attached). Fred Nelson (County Resident and Business Owner) — Stated his desire to use a mobile billboard to advertize his out of town business in Yakima and expressed frustration that he was told that the current code did not address them and that they were therefore not allowed. Neil Schreibeis (LaMar Advertising — Post Falls, Idaho) — In reference to map provided by staff, Mr. Schreibeis stated that the locations on map, though perhaps available, are unlikely to ever be built due to restrictions by land owners, restrictions on visibility, location of buildings, visibility from other properties,, including other signs or other view blockages, and also amount of advertisers that want to be on billboards. Discussed what we're limiting if we regulate. He states that they pay taxes on every single structure, as well as rent to landowners, and that advertisers receive benefit because it gets people into their business. He referenced OAAA (Outdoor Advertizing Association of America) study that stated that when billboards were reduced, 3 out of 4 businesses that advertized on those billboards lost business. Ben Shoval, Planning Commission Chair then asks Mr. Schreibeis to speak to standards of lighted billboards. Mr. Schreibeis then discusses the issue of dimming technologies. Ben asks him if those are standards his company adheres to. Mr. Schreibeis also states that they provide Amber Alerts and other public messages. Tom Knaub (LaMar Advertizing, Chelan, WA resident, local office) References some of the cities in Steve's spreadsheet that limit digital signs to monochrome color. He states that if we restrict color we should remember that people who pay for those adds want people to be looking at those ads and a monochrome add will be much less attractive than an ad with a full color range. He states that the brightness is something we'll be more interested in than the color. Peter Grover (Metro Outdoor Advertizing, Scottsdale Arizona) — Referred to the last city Council meeting when he gave a "significant report on status of billboards in the town and stated that between he and his father, they had leased about 90% of billboard locations in Yakima. States that we have in place a very restrictive code, stating that the locations on the map Steve provided are impossible. He states that existing code with existing zones and spacing is very restrictive, stating that they are one of the more regulated industries across the whole country and that they are still highly regulated here in Yakima and that they can't run around putting billboards wherever they feel like putting them. He provided permit numbers since 2009: Pole signs — 103, wall signs 176, cell towers 17, new billboard permits in that time — 1. Since 2010, he added one new digital billboard. He says that Metro self regulates themselves as far as illumination goes. States that he still goes by NITS to regulate illumination and that his manufacture is WatchFire, and that at the brightest sun, brightest time of day it will be 7500 NITS. Says that it night it drops down to 350 NITS. Says he's one step aside from turning the thing off. Says they also follow OAAA spacing between advertisers — saying that its 8 seconds and says that on -premise advertisers (e.g., Mel's Diner) are going "berserk" all hours without any brightness levels. States that the problem around town is that a lot of on -premise signs don't have auto -dimming on them and no restrictions on when copy changes. In reference to Steve's spreadsheet about different communities, he states that he could provide a spreadsheet representing Eastern Washington that is more favorable — that it's just a different view point. States that option to remove a static billboard to allow a digital would impact his business because he only has 10 signs around town. He notes that Oregon required that because the Oregon Supreme Court ruled that their sign regulations were totally illegal, they had no sign regulations in place for some time so people installed signs everywhere, and they are no trying to play catch up to remove the signs installed during the no -code period. He concludes by saying that Yakima has a good code, they've been responsible, and that Yakima is not over -built with billboards. He says that if he could recommend anything, it would be to adopt what OAAA is already doing, which is to adopt the 8 second rule for text change and also the auto dimming, and to apply same standards to on -premise signs. States that his signs go off at midnight and back on a 5:00 a.m. \ Larry Oliver (Eagle Signs, Yakima County business) — Mr. Oliver says that process has omitted common sense. Says that Eagle also uses WatchFire units — that they're one of the main industry standards and one of the best out there. Says another one is Daktronics. Says that dimming with WatchFire is done automatically and that we just need to get back to customer and say, "tone it down". Says that a lot of it is that there is no showing even his own customers that it can be done. Says that we don't want to take away advertising to customers. If they can't make money, they won't be out there. Also says he's upset when he sees the map staff prepare, saying that you won't see a billboard at every location — its not common sense. Ben then asks if the auto dimming is already built into sign. He states that it is. Ben asks if the 8 second rule would be an issue for his customers, He states that he's not sure, that its up to the customer He said an add every second is not readable, and references timing in relation to speed limit. Dave Fonfara asks if he were to make a recommendation, it might be the auto dimming and the appropriate level of brightness. He confirmed yes, he would have no problem with that and said he thought the customers would agree to that too. Jesse Oliver (Eagle Signs, Yakima County business) — Says that restricting business is not a good idea in his mind — that we shouldn't be taking these rights away from people trying to create revenue. Anna. Marie DuFault (County resident, Yakima city office) — Part of Coalition, Safe Yakima Valley with a Drug -Free Community interest. Expressed concerns of advertising alcohol and addictive products and the fact that we could not regulate text to avoid these ads. Concerned that the more alcohol ads young people are exposed to, the more likely 2 they are to drink. Says that the very first thing that welcomes you to the City of Yakima is a hydroponics store that is not even a local business — its in Ellensburg — and it's a modified pot leaf that is being advertized for that store. Says that what we know about businesses selling alcohol products is that for every tax dollar they bring in, there are 10 dollars of social costs. She states that we need to be mindful of the implications of advertising products that are associated with domestic violence and substance abuse issues. She said that they are trying to discourage underage drinking and that we need to balance the community perspective for our young people. Barbara Cline (local City of Yakima architect) — Says that her comments are for both types of signs, and that her comments will be more subjective than technical because she's not in the sign industry. States that as a design professional, she's very much aware of what the appearance of the built environment says about our community. Says she want to be proud of Yakima, but wants to make comments about how she perceives the built environment relative to signs and billboards. She states that signage is marvelous when it comes to wayfinding — that is the basic purpose of signage. Says signage is great if it's advertising local interests, whether business or activity, so there is an appropriate use of signage in that regard. She also noted that when signage is being reviewed, some towns are looking at Dark Sky compliance and suggests that is important to consider as we discuss signage now. States that she doesn't want Yakima to be out of date with trends that are occurring in other parts of the country and the state. So as we try to make ourselves more beautiful, she notices from the provided list that more and more towns are limiting off -premises signage. Also states that it's interesting that the media states that 1/3 of signs in Yakima are local interest. Says that when people come to Yakima.., they need to know about Yakima and not everybody else. States that location, scale and color are extremely important factors relative to wayfinding. Also states that visual chaos is something she's aware of. She says that people travel to places they find desirable and the idea of visual chaos comes into play. She also notes that in some cases neighboring property values are driven down depending on type of signage occurring around them and that in some cases economic development is being discouraged because the overall environment has become so chaotic that it's not pleasant for people to be there. Says she's not necessarily in favor of more regulation, but that this is an area where more regulation is going to have to be put into play in order to make the visual environment more beautiful. You take North First Street and eliminate all that signage — look at the rich ridge behind it. "This is Yakima, that's what I want to look at" The following is a summary of written comments submitted to the City on billboards and digital signs: James Car entier (International Sign Association and Northwest Sign Council, Mesa, Arizona) — Letter of December 10, 2013 - Suggests that we adopt a 0.3 footcandle level and that we adopt automatic dimming capabilities on all permitted EMC's (Electronic Message Centers). Recommends that we allow 75% or 100% of freestanding signs to be digital; Recommends that a definition for a digital sign be included in the definition section of the sign code. His recommended definition is "Digital Sign —A sign that is capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means." Further recommends that we: not enact any color or text -only restrictions; enact hold times for EMC's in the range of 3 to 4 seconds, with a transition for fade not to exceed 1 second; limit illumination to 5,000 3 nits daytime and 500 nits evening, not enact requirements for dark backgrounds. Finally, he recommends that we maintain separate and distinct regulations for on - premise and off -premise signs. Suzanne Moble (Yakima resident) — e-mail comments dated December 9, 2013 — Shared idea of imposing a requirement that billboard messages be accompanied by a sponsored image on a billboard of a beautiful view of Yakima's surrounding landscape. If that wouldn't work, she suggests a matching billboard for a non-profit group. She states she is also in favor on not providing any more billboard space. She states that billboards are a commercialization of the common space, and that they are "annoying, unpleasant and difficult to avoid. She states that having a giant billboard in one's face is worse than radio or N or newspaper ads. Heather Lowe (Volunteer of Keep Washington Beautiful). She states that the key question is "what kind of city does Yakima want to be known as; what character, what experience do you want visitors to savor; and what quality of life do you want for workers and residents? She states that it takes commitment to high standards to be known as an outstanding destination. She describes our tourism opportunities (e.g., wineries, agriculture) She states that digital billboards pose a major visual and environmental pollution threat to Washington State, and notes that once digital billboards go up, they'll never come down,. She notes that land values decline, safety hazards become municipal liabilities, and the threat of lawsuits against the city rise. She emphasizes that the only benefit of a digital billboard I to the advertising company in increased revenue and profits. She asks that we enact an ordinance that bans digital billboards, reduces existing billboards, and affords strict management of on -premise sign. In a follow-up e-mail copied to the City from Heather Lowe dated December 12, 2013, she expresses concern that industry representatives were there to speak out because "they are paid to travel, noting their out-of-state business connections. She also questioned the Planning Commission Chair's comments to the press regarding hurting business and limiting property rights, stating that this in not a neutral view. Barbara Cline (Yakima architectural firm) — Ms. Cline reiterated the comments she gave at the December 11 workshop stating emphatic support of prohibiting off -premise signs and also prohibiting new billboards. She stated that Yakima will feel like it continues to be behind the times if we don't pay more attention to the quality of the appearance of our built environment. She stated that the chart outlining the regulations from Washington cities overwhelmingly showed the number of cities that prohibit new billboards and off - premise signs, noting decreased property values, discouraged economic activity and visual chaos as good reasons for those bans. Andrea Prentice (Yakima resident). In reference to Yakima Herald article of December 12, Ms. Prentice states that we should have strict regulation on billboards, and that many Washington small cities have such regulations, including outright bans. Says she agrees with Barbara Cline that such advertising detracts from the community and causes "visual chaos." .19 December 10, 2013 City of Yakima Planning Commission Dear Planning Commission, IM INTERNATIONAL SIGN ASSOCIATION On behalf of the International Sign Association (ISA) and the Northwest Sign Council (NWSC), I would like to submit our organization's comments with regard to Introductory Discussion of billboards and digital signs. The International Sign Association (ISA) is a 2000 -member trade association, the members of which are manufacturers, users and suppliers of on -premise signs and other visual communications products from the 50 United States and 60 countries around the world. ISA supports, promotes and improves the visual communications industry, which sustains the nation's retail, distribution, service and manufacturing industries. ISA and the NWSC work actively with officials and business owners throughout the northwest to assist jurisdictions with creating reasonable and effective sign regulations. ISA recommends that staff, City Council, and other involved stakeholders should consider the following resources as part of their information -gathering and ordinance -writing processes. In preparation for this meeting we took the liberty to review the sign code for, legal issues and best practices. For purposes of organization, I have organized my comments into three categories of feedback. The first grouping is recommendations or on= remisesi n re alations. The next category are Comments on the Memorandum dated Qecember 11 2013 and the last category is Changes Recommendpdas nest Practices in Drafting a i n fprdinance. In 2008, ISA hired a lighting expert (and a former president of the Illuminating Engineering Society of North America) to develop recommendations for self-regulating industry standards to address concerns about EMC brightness. These standards are compliant with IES TM -11-00 ("Light Trespass: Research, Results, and Recommendations"). In summary: oEMC tThe difference between thp nff and - �• wwrog pax coo g » ink oeysdugns ca i g M INTERNATIONAL SIGN ASSOCIATION We believe that the 0.3 foot-candles standard (which is typically equivalent to —320 nits or less of an all -White EMC background at night) is proven to be an appropriate method for regulating brightness. We recommend that the City allow 75% or 100% (versus what staff has suggested 30% or 50%) of the freestanding sign to be digital. This allows for additional design flexibility and is supportive of Yakima's business and institutions such as churches, convention centers, sports facilities or entertainment centers that would choose the flexibility of a digital sign as their primary sign . Rhe n,it on for diaitalsion or ILeLectronic meso a center We recommend that a definition for an digital sign be include in the definition section of the code. Digital Si n — A si n that is ca able of dis la in words s mbols fi ures or images that can be electronically or meghh2annijca!N chap ed b remote or auteamatic means. Comments on the Memorandum dote' December 12 2013 by Stere ids othor e No mention is made of the economic considerations for digital or electronic message centers. Please see the attached study by the University of Cincinnati that has information on the economic impacts of EMCs on a hotel chain, banks and auto dealership. We suggest that the positive economic impacts of EMCs on the business community be a part of the discussion when regulating EMCs. Note the attached study "The Economic Value of Signs." Other Comments on the Bulleted points under Digital Signs page 1, comments by Steve Osguthorpe are indicated by (SO) NWCS/ISA comments are in bold italics: Allow 30% to 50% of freestanding sign to be used for digital signs (SO) nrw N sq.ns Mg, mtoosgns,•Ar"g'' We recommend that the City consider 75% or 100% as recommendeabove. INTERNATIONAL li vie that tpOCIATION unreasonably limit the sign area to 30% or 50% would severely limit the amount of information that can be displayed on a digital sign at one time. The bottom line with the allowable % of digital sign is, how business friendly (includes other uses institutional or churches) does Yakima want to be? Limit digital signs in sensitive areas to monochrome text only with a dark harkorniind MO) We recommend that the City not enact any color or text only restrictions. This could infringe on court established free speech requirements. With our recommended brightness restrictions EMC signs will not exceed the brightness of other sign types. • Limit text change to 1.5 seconds fade in, and retain image for 8 seconds (OS). We recommend that if the City is to enact hold times for EMCs that they be in the range of 3 to 4 seconds. The transition time for fade in and out should not exceed 1 second. • Limit illumination to 5,000 nits daytime and 500 nits evening. This standard is outdated since it is based upon the maximum LED brightness limitations from over 10 years ago. The daytime standard is not needed with the automatic dimming requirement. If digital signs were limited to 5,000 nits they could not be properly viewed in full sunlight. Our recommended brightness limitations are typically around 300 nits substantially less than the 500 nits that are suggested. • Require background to be darker than text (OS). We recommend that the City not enact any color or text only restrictions. This could infringe on court established free speech requirements. With our recommended brightness restrictions EMC signs will not exceed the brightness of other sign types. Maintain separate and distinct re ulations or on- remise and Iw remise si ns.. The current sign code for Yakima has distinct and separate regulations for on premise and off premise signs. We strongly recommend that all of the regulations for on -premise and off -premise signs be maintained as entirely separate sections of the sign ordinance. This will ensure correct administration of these sections and minimize any confusion of the regulations for on -premise and off -premise signs. Again, ISA and the NWSC recommends that the Planning Commission, staff, Council, and other involved stakeholders should consider these suggestions to the language of the proposed ordinance. Thank you for your time and consideration to the ISA recommendations to the proposed regulations. ISA and local sign company representatives would be pleased to offer any additional assistance in understanding issues involved in the regulation of on -premise digital signs, including a demonstration of brightness. Sincerely, James Carpentier AICP Manager, State and Local Government Affairs � n,wslgn ori II u,,y;i +ai°p, Billboard / Digital Sign - Regulations in Washington Cities \\dpdto\U sen\soseuth,,\Moratoria\I3i 11 boards\Spreadsheet of City Revulztions - Revised 01.02.14,10 Page 1 Billboards Prohibit Off- Allow New Allow Digital Allowed Prohibit New premise Signs Billboards Only Prohibit Digital Digital Design Restrictions Only with Eliminate Existing City / Jurisdiction with Size/ Location Billboards (including with Relocation Billboards / Signs Reduction Billboards By Restrictions billboards) Permit Provision Amortization Ellensburg ✓ TC zone only, CUP One digital sign per frontage. required, 288 sq.ft. 3 sq.ft. max, 64 sq.ft. max. max. for public use. 3 -second rule applies. 10 -seconds pause for entire message. Grandview ✓ Kennewick ✓ ✓ ✓ Must meet size, area, height and electrical requirements by specified date. Moses Lake ✓ 50 sq.ft. max. size. Illumination limit- 8.000 p nits daytime; 1000 nits bL nighttime. G 10.second rule. � No white background r3 Pasco ✓ (with exceptions for directional signs) Pullman ✓ W Richland ✓ ✓ Selah ✓ ✓ Spokane ✓ Illumination limit -.3 foot- candles. 2 -second rule applies. Limited to 50% of allowable signage. Prohibited in CBD zone. Spokane Valley ✓ ✓ ✓ Sunnyside Totally discretionary ✓ (with very limited ✓ with no guaranteed exceptions) right. 200 sq.ft. max. Prohibited along designated entryways. \\dpdto\U sen\soseuth,,\Moratoria\I3i 11 boards\Spreadsheet of City Revulztions - Revised 01.02.14,10 Page 1 Page 2 Billboards Prohibit Off- Allow New Allow Digital Allowed Prohibit New premise Signs Billboards Only Prohibit Digital Digital Design Restrictions Only with Eliminate Existing City / Jurisdiction with Size/ Location Billboards (including with Relocation Billboards / Signs Reduction Billboards By Restrictions billboards) Permit Provision Amortization Toppenish ✓ Allows digital only if no more than 40% of sign face. No moving images, 5000 0 nits day, 500 nits night p Union Gap ✓ Walla Walla ✓ ✓ ✓ (No changing Allows electronic text only. message centers) Wenatchee ✓ Limited to 60 sq.ft. (Effectively) @ 30 feet tall or 100 W sq.ft. @ 8 ft. tall. Yakima ✓ Ml, M2, CBD, GC and RD zones. 35 ft. tall. 500 ft. spacing. Auburn ✓ Illumination limit- 8.000 nits daytime; 500 nits nighttime. 1.5 second rule applies, 5 second scroll allowed. Bellevue ✓ ✓ (Allowed for non- 4 minute rule applies. ✓ commercial use only) 8 hour rule applies. No motion or animation. c Limited to text only. Bellingham ✓ ✓ Bothell ✓ o c. v Bremerton ✓ ✓ ✓ Burien ✓ ✓ ✓ Limited to 50% area of free- standing sign. Centralia ✓ ✓ (90 days) Des Moines ✓ Illumination limit- 5,000 nits daytime; 500 nits nighttime. 2-second rule applies. No animation. Page 2 Page 3 Billboards Prohibit Off- Allow New Allow Digital Allowed Prohibit New premise Signs Billboards Only Prohibit Digital Digital Design Restrictions Only with Eliminate Existing City / Jurisdiction with Size/ Location Billboards (including with Relocation Billboards / Signs Reduction Billboards By Restrictions billboards) Permit Provision Amortization Everett ✓ 20 ft. above street ✓ Requires removal ✓ grade, 1000' of any separation, subject to nonconforming removal clause. billboard owned by that company, and remove/conform when sold. Federal Way ✓ ✓ Fife ✓ Gig Harbor ✓ ✓ Kent ✓ ✓ (prohibition applies to off - p premise only) ° r Lacey ✓ ✓ G Lakewood ✓ ✓ ✓ ro Marysville ✓ No animation. 20 second rule applies. 30% of sign area max. Dimming v p mechanism required. Mill Creek ✓ Olympia ✓ ✓ (3 minute rule (very limited). Port Angeles ✓ CA and Industrial 30 second rule applies. Zones only. 1000 ft. spacing. Port Orchard ✓ ✓ ✓ (billboards) ✓ Poulsbo ✓ ✓ Puyallup ✓ 2 second rule applies. Renton ✓ Page 3 Legend —Cities highlighted in yellow are those that permit the typical billboard without any requirements for mitigation (e.g., no requirements to remove existing billboards to allow new billboards), and without limiting factors such as the fully -discretional, no guarantee provisions of Sunnyside. Of thosejurisdictions that allow billboards, Yakima and Grandview are the least restrictive in terms of required spacing lack of illumination restrictions, and the number of zones in which billboards are permitted Page 4 Billboards Prohibit Off- Allow New Allow Digital Allowed Prohibit New premise Signs Billboards Only Prohibit Digital Digital Design Restrictions Only with Eliminate Existing City / Jurisdiction with Size/ Location Billboards (including with Relocation Billboards / Signs Reduction Billboards By Restrictions billboards) Permit Provision Amortization Sea Tac ✓ ✓ Illumination limit- 8,000 ✓ nits daytime; 500 nits nighttime. 1.5 -second rule applies. Requires dark background. Seattle ✓ (subject to removal ✓ (except under ✓ (within 660 feet of ✓ ✓ (billboards) 2 second rule, with 20 clause). removal clause). highways) second pause. Sequim ✓ ✓ G 0 p� Shelton ✓ ✓ ✓ (except for 1 nacre shopping center) Shoreline ✓ ✓ 20 -second rule applies. No G moving messages. Tacoma ✓ (subject to removal ✓ (except under ✓ ✓ clause). removal clause). Vancouver ✓ ✓ 4 18 second rule applies. Illumination limit- 8.000 nits daytime; 1000 nits nighttime. Requires ambient light monitor Woodinville ✓ ✓ ✓ (Allowed only in 32 sq.ft. max. Single color Public/Institution only (warm tone). Gone) 4 second rule applies. Legend —Cities highlighted in yellow are those that permit the typical billboard without any requirements for mitigation (e.g., no requirements to remove existing billboards to allow new billboards), and without limiting factors such as the fully -discretional, no guarantee provisions of Sunnyside. Of thosejurisdictions that allow billboards, Yakima and Grandview are the least restrictive in terms of required spacing lack of illumination restrictions, and the number of zones in which billboards are permitted Page 4