HomeMy WebLinkAbout06-01-16 YPC PacketFOR 11IF,
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'MYS a a '„ DEPARTMENT OF COMMUNITY DEVELOPMENT
1311ann4ig Division
A111M 11W Joan Davenport, AICP, Director
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P I 129 North Second Street, 2nd Floor, Yakima, WA 98901
ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning
City of Yakima Planning Commission
SPECIAL STUDY SESSION
City Hall Council Chambers
Wednesday June 1, 2016
3:00 p.m. - 5:00 p.m.
YPC Members:
Chairman Scott Clark, Vice -Chair Patricia Byers,
Al Rose, Bill Cook, Peter Marinace, Gavin Keefe
Council Liaison: Mayor Avina Gutierrez
City Planning Staff:
Joan Davenport (Community Development Director/Planning Manager); Jeff Peters
(Supervising Planner); Valerie Smith (Senior Planner); Trevor Martin (Associate Planner);
Eric Crowell (Assistant Planner); Rosalinda Ibarra (Administrative Assistant); and Lisa
Maxey (Department Assistant)
Agenda
I. Call to Order
II. Roll Call
III. Staff Announcements
IV. Audience Participation
V. Approval of Meeting Minutes of May 11, 2016, May 24, 2016, and May 25, 2016
VI. Continued Study Session on I-502 Marijuana Regulation
VII. Public Comment on I-502 Marijuana Regulation
VIII. Other Business
IX. Adjourn
Next Meeting: June 8, 2016
City of Yakima Planning Commission (YPC) City Hall Council Chambers
Meeting Minutes of June 1, 2016
Call to Order
Chairman Scott Clark called the meeting to order at 3:00 p.m.
Roll Call
YPC Members Present: Chairman Scott Clark, Vice -Chair Patricia Byers, Al Rose,
Bill Cook, Gavin Keefe
YPC Members Absent: Peter Marinace
Staff Present: Jeff Peters, Supervising Planner; Valerie Smith, Senior
Planner; Sara Watkins, Senior Assistant City Attorney; Lisa
Maxey, Department Assistant
Others: Sign -in sheet in file
Staff Announcements
None noted
Audience Participation
None noted
Approval of Meeting Minutes of May 11 2016 May 24 201.6 and May 25» 201.6
Commissioner Rose made a motion to approve the meeting minutes of May 11th, May
24th, and May 25, 2016. The motion was seconded and carried unanimously.
Continued Study Session on 1-502 Marijuana Regulation
Supervising Planner Jeff Peters announced that the draft ordinance has been distributed
to the Planning Commission, along with maps showing eligible areas for marijuana
related business with the parcel colors corresponding to the zoning district map.
Sara Watkins, Senior Assistant City Attorney, explained further the details of the draft
ordinance. She added that she contacted Ellensburg's city attorney who reported that no
enforcement issues have resulted thus far and added that she has reached out to other
jurisdictions and is waiting for a response.
Commissioner Byers listed elements that she would like the Commission to discuss and
see addressed in the ordinance if appropriate, such as distance between marijuana
retailers, distance of marijuana related businesses from correction facilities, rehab centers,
and other facilities of the like; mitigation for odor produced from the manufacturing of
marijuana, and prohibiting drive-thru facilities and mobile sales of marijuana.
Peters informed the Commission that two public comments have been distributed to
them including one from the Yakima Regional Clean Air Agency and one from a member
of the public.
Discussion ensued regarding the number of licenses of marijuana manufacturers and
producers, and notification requirements for the applicant. Commissioner Keefe brought
up discussion regarding the purpose of separation requirements between marijuana
retail stores. Other discussion took place relating to hours of operation of marijuana retail
stores regulated by the state and situations where the land use is residential but the
zoning is not.
-l_
The Commission then reviewed zoning district definitions and came to the decision to
include the LCC, CBD, GC, B-2, and RD zoning districts as appropriate for marijuana
retail. The Commission then decided to leave the M-1 and M-2 zoning districts as the
appropriate zones for marijuana processing and manufacturing. Discussion took place
on how the buffer might apply to the Greenway. Commissioner Byers requested that at
the next meeting staff provide a map of the 1,000 foot buffer to match the draft ordinance.
Chairman Clark requested a map of a 500 foot buffer.
The Commission and staff discussed the difficulty of buffering marijuana related
businesses from churches and state law proximity rules for liquor stores being buffered
from various facilities including churches, correctional facilities, and rehab centers.
Senior Planner Valerie Smith added that correctional facilities, treatment centers for drug
and alcohol rehabilitation, group homes, halfway houses, and the like are class 3 uses in
the land use table. The group talked about the purpose of neighborhood cooperatives and
returned to the topic of the 500 foot separation between marijuana retail stores. The
Commission had consensus to reinforce in the ordinance that no marijuana retail use can
be in the same building that has a different use, unless there is a fully separating wall
between the businesses. They also agreed to include in the ordinance that there cannot be
mobile sales, drive-thru facilities, or any exterior method of sale. Peters suggested that
the ordinance also address that producers and processors must mitigate odor.
Commissioner Cook asked if any conditions need to be required of the processors in
accordance with waste water procedures, to which Peters commented that he will consult
with the waste water division. Commissioner Clark asked in regards to state regulations
for marijuana business being conducted within the public view, to which Sara Watkins
responded that she will look into this and bring back information at the next meeting.
Peters briefed the Commission on Type 2 and Type 3 review notice procedures. Chairman
Clark voiced his desire to not designate any marijuana related uses as Type 3 reviews.
Commissioner Cook suggested that a Type 2 review may be appropriate for processing
or production uses locating within 100 feet of a residential use.
The Commission tabled the item and went onto the next item on the agenda set aside for
public comment. Audience member Eric Larson commented on the importance of
avoiding clustering which comes as a result of imposing too many limitations on
locations. He also spoke of the difficulty of obtaining land for marijuana retail stores. He
then went on to describe the difference between producers and processors and informed
the Commission that no more producers can be licensed per state law, and that a listing
of marijuana licenses is available online. Commissioner Keefe reiterated how highly
regulated marijuana retail stores are.
Other Business
Peters informed the Commission that a revised timeline for I-502 marijuana regulation
has been distributed to the Commission, in which the date of issuance of the SEPA DNS
was modified. He reaffirmed that the public hearing will be on June 1611, at 5:30 p.m. in
the City Hall Council Chambers.
Adjourn
A motion to adjourn to June 8, 2016 was passed with unanimous vote. This meeting
adjourned at 5:02 p.m.
-2-
Date
This meeting was filmed by YPAC. Minutes for this meeting submitted by: Lisa Maxey, Department Assistant II
-3-
laws
rICITY�k�dY
IMA
manningrIN SHEET anning .
City of Yakima Planning Commission
City Hall Council Chambers
Wednesday June 1, 2016
Beginning at 3:00 p.m.
Special Study Session
*PLEASE WRITE LEGIBLY'
...._.....................................................................................................___.... _.
.................... . . ................. _ ..... _.............. _...... _.._ .........._uuu
.............................................. ............
........................................._........ ................ _... .......... .... ...............__...
Page 1 06/01/2016 YPC Meeting
TENTATIVE YPC TIMELINE FOR MARIJUANA REGULATION UPDATE
...... ....._.... _...
Proposed Action
.................................. ......... ........ .........
Date of Action
YPC meeting to provide YPC with Council
May 24, 2016
direction and options for I-502 Regulation
... _ ........
Issue Notice of Application, SEPA, & Public
May 27, 2016
Hearing, and draft ordinance for public comment
& SEPA (Start of 20 -day comment period)
YPCSpecial Study wSession�
...
June 1, 2016
Set date for City mmCouncil ITHearin. mmmmmmmmm.......................................__......._
June 7, 2016 for July 5, 2016
YPC Study Session
ITITITIT June 8, 2016_ mmmmmITITmmmITITIT�mmmm
IT16,
End of 20 -da Comment Period
June 2016
YPC Public Hearin
June 16 2016
Issue SEPA DNS
June 17, 2016
Issue Notice of City Council Public Hearing
By June 21, 2016
Council Packet Due
June 27, 2016
End of SEPA Appeal Period
July 1, 2016
Ci Council Public Hearing�ITIT_...... ITIT IT ITITIT IT
uJulyu5, 2016
................................. . ...............
Ordinance Published
Jul 8, 2016
Ordinance Effective
August 7, 2016
Revised 05/26/2016
Maxe , Lisa
rom: Hasan Tahat <hasan@yrcaa.org>
Sent: Tuesday, May 31, 2016 8:51 AM
To: Peters, Jeff
Cc: Maxey, Lisa
Subject: RE: Notice of Application, Public Hearing, and DNS - I-502 Marijuana Regulation -
SEPA#013-16
Dear Jeff:
Thank you for providing the Yakima Regional Clean Air Agency (YRCAA) the opportunity to review and
comment on SEPA#013-16.
Following review, YRCAA has the following comment(s):
1. Indoor and processing facilities may require a New Source Review (NSR) Prior to the start of construction
or operation. Applicants are encourage to contact our office early on during the planning stage; and
2. Contractors doing demolition, excavation, clearing, construction, or landscaping work must file a Dust
Control Plan with YRCAA, prior to the start of any work.
Thank you for the opportunity to connect with the county's continued support in protecting the air quality in
Yakima County.
.Sest regards,
Hasan M. Tahat, Ph.D.
Engineering and Planning Division Supervisor
Yakima Regional Clean Air Agency
Tel: (509) 834-2050 ext. 105
Fax: (509) 834-2060
E-mail It an( yap c g _p i:g
The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole use of the intended
recipient(s). Any unauthorized review, use, disclosure, dissemination, distribution, or copying of this communication, or any of its
contents, is strictly prohibited.
From: Maxey, Lisa[ma i Ito: Lisa. Maxey@YAKIMAWA.GOV]
Sent: Friday, May 27, 2016 11:03 AM
To: Brown, Michael; Crockett, Ken; Daily Sun News - Bob Story; Ibarra, Rosalinda; KAPP TV News; KBBO-KRSE Radio -
manager; KCJT TV News; KDNA Radio; KEPR TV News; KIMA TV News; KIMA TV News - Crystal Bui;
KIT/KATS/DMVW/KFFM - Lance Tormey; KNDO TV News; KUNS-TV Univision; KVEW TV News; Lozano, Bonnie; NWCN
News; NWPR - Anna King; Randy Luvaas - Yakima Business Times; Reed C. Pell; Tu Decides - Albert Torres; Yakima
Herald Republic - Craig Troianello; Yakima Herald Republic - Mai Hoang; Yakima Herald Republic - Mark Morey; Yakima
Herald Republic - Mike Faulk; Yakima Herald Republic Newspaper; Yakima Valley Business Times; Yakima Valley Business
Times - George Finch; Beehler, Randy; Belles, Carolyn; Brown, David; Caruso, Joe; Cutter, Jeff; Davenport, Joan; Dean,
James; DeBusschere, Suzanne; Denman, Glenn; Futrell, Kevin; Kallevig, Dana; Kunkler, Mark; Layman, Randy; Matthews,
Archie; Maxey, Lisa; Meloy, Randy; Riddle, Dan; Rizzi, Dominic; Schafer, Scott; Shane, Mike; Soptich, Mark; Zammarchi,
Loretta; Allyn, Kaarre; Beehler, Randy; Bill & Linda Beerman; City of Union Gap; City of Union Gap; Claar Tee, Sonya;
CWHBA Joe Walsh (E-mail); Danielle Surkatty; David Gaudette; David Kearby - Associated General Contractors of WA;
avido, Sean; Dianna Woods; Doug Carey; Evodio Reyes; Farmworker Housing Marty Miller (E-mail); James Carmody;
Ken Camarata - AIA; Crockett, Ken; Luz Bazan Gutierrez - RCDR; Mike & Cindy Noble; Mike Dooley - Wilbert Precast; Mike
Shinn; Peters, Jeff; Phil Hoge; Price, Cally; Ralph Call; Robert Lockhart; Ron Pelson(ron@traditionaidesignsinc.com);
Sandy Lloyd; Smith, Valerie; Steve Erickson; Steve S; Terrence Danysh; Terry Keenhan; Thomas Carroll; Wait Ranta; Al
Rose; Alfred A. Rose (silvrfx40@bmi.net); Gavin Keefe; Gutierrez, Avina; Patricia Byers; Peter Marinace; Scott Clark;
Watkins, Sara; William Cook (cook. w@cha rter. net); Ahtanum Irrigation District - Beth Ann Brulotte; Cascade Natural Gas -
Jim Robinson; Cawley, Marc; Chamber of Commerce; Department of Commerce (CTED) - Review Team; Department of
Ecology - SEPA Register; Department of Ecology -CRO Coordinator; Department of Fish and Wildlife - Eric Bartrand;
Department of Fish and Wildlife - Scott Downes; Department of Natural Resources; Department of Social & Health
Services - Jeanne Rodriguez; Dept Archaeology & Historic Preservation - SEPA Review; Desgrosellier, Bob; Energy Facility
Site Evaluation Council - Stephen Posner; Nob Hill Water - Bob Irving; Peterson, Robert; US Army Corps of Engineers -
Deborah J Knaub; West Valley School District - Angela Watts; WSDOT - Carter Timmerman; WSDOT - Paul Gonseth;
WSDOT - Rick Holmstrom; Yakama Bureau of Indian Affairs - Rocco Clark; Yakama-Klickitat Fisheries - John Marvin;
Yakima County Commissioners; Yakima County Health District; Yakima County Health District - Ryan Ibach; Yakima
County Planning Director - Lynn Deitrick; Yakima County Public Services Director, Vern Redifer; Yakima Greenway
Foundation - Al Brown; Hasan Tahat; Yakima Valley Conference of Governments - Joseph Calhoun; Yakima Valley
Conference of Governments - Shawn Conrad; Yakima Valley Museum - John A. Baule; Yakima Waste Systems - Keith
Kovalenko
Cc: Peters, Jeff
Subject: Notice of Application, Public Hearing, and DNS - I-502 Marijuana Regulation - SEPA#013-16
Attached is a Notice of Application, Public Hearing, and Determination of Non -Significance (DNS) regarding the above -
entitled project. If you have any questions about this proposal please contact assigned planner Jeff Peters at (509) 575-
6163 or by email at,Le f, tga@ 1 oma a;o. Thank you!
Lisa Maxey
Departirrient A. si« lAnt BE
i,u,by, i raZci n
Planning Division
(509) 576-6669 ~ Lisa.Maxey@yakimawa.gov
129 N. 2nd St. Yakima, WA 989o1
Maxey, Lisa
rom: Jenny Mattson <jennymattsonjm@gmail.com>
Sent: Monday, May 30, 2016 1:31 PM
To: Ask Planning
Subject: Zoning for marijuana businesses
Attachments: 20160525_132522-2jpg; 20160525_132651 jpg
Hello,
I am writing to express concern I hope the Planning Commission will consider when making determinations for
marijuana business locations.
One of the proposed sites on Nob Hill Blvd, the former Casa Mia, is located near a densely residential
area. Pictures included are from the street side and behind the parking lot. Many of the units are multi-
family dwellings (duplex and triplex).
A minimum buffer zone from Nob Hill Elementary is insufficient as it doesn't address the significant number of
children that live and must commute by foot, car, or bus right by that location in order to get to school every
day. Exposure and promotion of marijuana (still illegal under federal law) makes it that much more difficult for
parents and schools trying to impart how children need to make healthy choices. Please consider strictly
regulating that such businesses cannot be located in residential areas or where minors must commute in order to
get to school.
1 hank you for your consideration,
Jenny Mattson, MS, LMHC
(509) 966-2632
This message is intended for the sole use of the individual and entity to whom it is addressed, and may contain
information that is privileged, confidential, and exempt for disclosure under applicable law. If you are not the
intended addressee nor authorized to receive for the addressee, you are hereby notified that you may not use,
copy or distribute this message to anyone. If you have received this message in error, please immediately
advise the sender.
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FORTHE
RECORD / FILE
ORDINANCE NO. 2016 -
AN ORDINANCE relating to land use and zoning, allowing recreational marijuana
producers and processors as a permitted use in the Light Industrial
(M-1) and Heavy Industrial (M-2) zones; allowing recreational
marijuana retailers in the Small Convenience Center (SCC), Large
Convenience Center (LCC), Central Business District (CBD),
General Commercial (GC), Regional Development District (RD),
and Airport Support District (AS),,pr+hibiting recreational marijuana
uses in all other zones; adoptt g t4 state statutory buffer zones for
recreational marijuana used neighborhood cooperatives; and
adopting other restriction n" "(elocations of these recreational
marijuana uses, and (ppdaling Y C;Section 15.01.035.
WHEREAS, in November of 2012, the Washington voters passe 1502„ which directed the
Washington State Liquor Control Board (no - d Liquor and Cannalbis °Board—both collectively
referred to as "LCB") to regulate recreational' t`utuana by licensing taxing recreational
marijuana producers, processors and retailers; anal
WHEREAS, since 1-502's of dtjj e rate„ the
regulatory scheme to addressthe me odd , of
recreational marijuana, security requirekpts Jt
operation, labeling requirements and met" ,4!ds of tri
license fees, penalties ' t r necessary gulab
WHEREAS, on J4 _4 ry 17, 2611,2, the City` a
No. 2012-003, which p6V"`Idgd that; "" use that
allowed in any zone of the !'ftp, apang suol a
and colleotl WO s: and
,hAs adopted numerous rules and a
processing and packaging of
els, gall outlet locations and hours of
of prod pt throughout the state, taxing,
,,,maniuM6 related businesses; and
cil of the City of Yakima enacted Ordinance
Sal under local, state or federal law shall be
gulation to medical marijuana dispensaries
i J5 EAS, on Oct 15 f, 8, 211, the City 06`Uncil of the City of Yakima enacted Ordinance
No. 201 which adopt and imposed a moratorium on the production, processing and retail
sales of maritu pa within th6'�C!fy of Ya ( and
WHEREAS, on January 21 X014, the City Council of the City of Yakima enacted Ordinance
No. 2014-001, whidbitede production, processing and/or retail outlets and sales of
marijuana in all zone and terminated the moratorium imposed on October 8, 2013;
and
WHEREAS, in 2015, the Washington State Legislature combined the medical marijuana and
recreational marijuana systems into one recreational marijuana system, added neighborhood
cooperatives, and banned collective gardens in 2E2SHB 2136; and
WHEREAS, on May 17, 2016, the City Council of the City of Yakima voted in favor of
repealing the ban on recreational marijuana producing, processing and distributing in Yakima and
sent the zoning issues to the Planning Commission for review through the Planning Commission
procedures and to provide a recommendation to Council; and
WHEREAS, the Planning Commission has held and conducted an open record public hearing
on June 16, 2016, with special meetings on May 24, 2016, June 1, 2016, June 8, 2016 and June
16, 2016, all pursuant to required notice and applicable procedures of the City of Yakima, and
has adopted findings of fact and conclusions of law in support of its recommendation for adoption
of zoning provisions outlined herein, which Findings of Fact and Conclusions of Law are of record
and incorporated herein by reference; and
WHEREAS, the City Council has held and conducted a public hearing on July 5, 2016, and
considered the recommendation of the Planning Commission, the record herein, and all evidence
and testimony presented; and,
WHEREAS, the City Council finds and determines that ,p roval of such amendments is in
the best interests of the residents of the City of Yakima an ��l f ' romote the general health, safety
and welfare; now, therefore
BE IT ORDAINED BY THE CITY OF YAM II A f
f r
Section 1. Repealer. Ord. No -003 and Ord. No. 01, are hereby
REPEALED.
Ilegal UF; Prohibited, is hereby REPEALED.
Section 3. Sec(66,4 030-T,%[,of Perri .and U of the Yakima Urban Area
------------------------------
Zoning Ordinance is 0 tby` rh0iided to 44'4,
a�� rte h %tle "marijuana production" and
"marijuana processoin 7°� s Class r permittei i; � in the f llbwing land use districts: Light
Industrial (M-1) and Heavy lndustn6t"(M-2), and,,f0 add the following new note **:
** Se,,e, M 15.09 � f t t) evelo ent requirements for marijuana uses.
Tb '"rn rij'uen rpductrort'".vse sh ll b j y d "alphabetically in the use chart immediately
below t, ""Agriculture�mmerd'lt,� listing "marijuana processing" use shall be placed
directly bee w the Wanufactdring" li t,00' .
Sect . Section *`, Q4-0304T—able of Permitted Land Uses—of the Yakima Urban
Area Zoning3rjgnce is hereby, amended to add "marijuana retail' as a permitted use in the
following land use di$#icts: Smell,Convenience Center (SCC), Large Convenience Center (LCC),
Central Business Drjpt (CBD, neral Commercial (GC), Regional Development District (RD),
and Airport Support bind to reference note **.
The "marijuana retaj`° `se shall be placed alphabetically in the use chart immediately
below the "Retail, Trade and Service" listing.
Section 5. Section 15.09.220 shall be added to the Yakima Municipal Code to read as
follows:
15.09.220 Marijuana Uses
A. Purpose. The purpose of this section is to regulate marijuana producers, processors,
and retailers regulated under Chapters 69.50 and 69.51A RCW by identifying appropriate land
use districts and establishing development and performance standards. Further, the purpose of
this section is to regulate neighborhood cooperatives as allowed by 2E2SHB 2136, as now written
2
or hereafter codified. Marijuana producers, processors and retailers, as well as neighborhood
cooperatives shall only be permitted when licensed by the Washington State Liquor and Cannabis
Board. The production, sale, and possession of marijuana remains illegal under the federal
Controlled Substances Act. Nothing herein or as provided elsewhere shall be construed as
authority to violate or circumvent federal law.
B. Definitions. The following definitions are specific to marijuana uses and shall have the
following meanings:
1. "Child care center" means an entity that regularly provides child day care
and early learning services for a group of children for periods of less than twenty-four hours and
is licensed by the Washington state department of early learning under chapter 170-295 WAC.
,,,
2. "Director" means the Director f City of Yakima Community
Development Director or his or her designee.
3. "Elementary School" means a school for early education that provides the
first four to eight years of basic education and recognized by the Washington state superintendent
of public instruction.
4. "Game Arcade" means an entertainment venue featuring primarily video
games, simulators, and/or other amusement devices where persons under twenty-one years of
age are not restricted. '
5. "Library" means an organized collection of resources made accessible to
the public for reference or borrowing supported with money derived from taxation.
6. "Marijuana" or "marihuana" means all parts of the plant Cannabis,
whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight
basis; the seeds thereof; the resin extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term
does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made
from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or
preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the
sterilized seed of the plant which is incapable of germination.
7. "Marijuana processor" means a person licensed by the state liquor and
cannabis board to process marijuana into marijuana concentrates, useable marijuana, and
marijuana -infused products, package and label marijuana concentrates, useable marijuana, and
marijuana -infused products for sale in retail outlets, and sell marijuana concentrates, useable
marijuana, and marijuana -infused products at wholesale to marijuana retailers.
8. "Marijuana producer" means a person licensed by the state liquor and
cannabis board to produce and sell marijuana at wholesale to marijuana processors and other
marijuana producers.
9. "Marijuana retailer" means a person licensed by the state liquor and
cannabis board to sell marijuana concentrates, useable marijuana, and marijuana -infused
products in a retail outlet.
10. "Person" means individual, corporation, business trust, estate, trust,
partnership, association, joint venture, government, governmental subdivision or agency, or any
other legal or commercial entity.
3
11. "Playground" means a public outdoor recreation area for children, usually
equipped with swings, slides, and other playground equipment, owned and/or managed by a city,
county, state, or federal government.
12. "Public Park" means an area of land for the enjoyment of the public, having
facilities for rest and/or recreation, such as a baseball diamond or basketball court, owned and/or
managed by a city, county, state, federal government, or metropolitan park district. Public park
does not include trails.
13. "Public Transit Center" means a facility located outside of the public right
of way that is owned and managed by a transit agency or city, county, state, or federal government
for the express purpose of staging people and vehicles where several bus or other transit routes
converge. They serve as efficient hubs to allow bus riders from various locations to assemble at
a central point to take advantage of express trips or other route to route transfers.
14. "Recreation center or facility" means a supervised center that provides a
broad range of activities and events intended primarily for use by persons under twenty-one years
of age, owned and/or managed by a charitable nonprofit organization, city, county, state, or
federal government.
15. "Retail outlet" means a location licensed by the state liquor and cannabis
board for the retail sale of marijuana concentrates, useable marijuana, and marijuana -infused
products.
1, r;
16. "Secondary School" means a high and/or middle school: A school for
students who have completed their primary education, usually attended by children in grades
seven to twelve and recognized by the Washington state superintendent of public instruction.
C. Marijuana producers, processors, and retailers must comply with all requirements
of Chapter 69.50 and 69.51A RCW, chapter 314-55 WAC, now or as hereafter amended, and all
applicable City of Yakima ordinances, standards, and codes, including the requirement to obtain
a City of Yakima business license
D. Limitations on Locations: Producers, Processors and Retailers. The following
limitations shall apply to all marijuana producers, processors and retailers, in addition to the
limitations outlined in YMC 15.04.030, unless stated otherwise:
1. A marijuana producer, retailer, or processor shall not be located within
1,000 feet of the perimeter of the grounds of the following uses, or any use included in Chapter
314-55 of the Washington Administrative Code (WAC) now existing or as hereafter amended:
a. Elementary or secondary school;
b. Playgrounds;
c. Recreation center or facility;
d. Child care centers;
e. Public parks;
Public transit centers;
g. Libraries; and
h. Any game arcade, as defined herein.
2. No marijuana producer, processor, or retailer shall be allowed to locate
within any residential district of the City of Yakima.
2
3. All separation requirements shall be measured as the shortest straightline
distance from the property line of the proposed building/business location of a marijuana
producer, marijuana processor or marijuana retailer to the property line of the entities listed in
subsection (D)(1) above.
E. Structure Requirements. All marijuana processors, marijuana producers and
marijuana retailers shall operate in a permanent structure designed to comply with the City
Building Code.
F. Neighborhood Cooperatives. Qualifying patients or designated providers may
form a cooperative and share responsibility for acquiring and supplying the resources needed to
produce and process marijuana only for the medical use of the members of the cooperative,
pursuant to Part X: Medical Use of Marijuana of 2E2SHB 2136, and as codified in 69.51A.250
RCW. Neighborhood cooperatives shall follow all statutes, regulations and rules instituted by the
legislature or Washington State Liquor and Cannabis Board, I as well as the provisions outlined
herein.
G. Limitations on Locations—Neighborhood Cooperatives The following limitations
shall apply to all neighborhood cooperatives r
1. A neighborhood cooperative shall not be located within 1,000 feet of the
perimeter of the grounds of the following uses, or any use included in Chapter 314-55 WAC now
existing or as hereafter amended:
a. Elementary or secondary school;
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b. Playgrounds, �
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C. Recreation center or facility,
d. Child care centers„ r
e. Public parks, F
f. Public transit centers, <,
Libraries„ and
h Any game arcade, as defined herein.
a,
2. No cooperative may be located within one mile of a marijuana retailer.
3. All neighborhood cooperatives shall be located within the domicile of one
of the participants in the cooperative.
Section 4. Severability, If any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional, unlawful or invalid by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section,
sentence, clause or phrase of this Ordinance.
Section 5. Effective Date. This oridinance shall be in full force and effect 30 days after
its passage, approval, and publication as provided by law and by the City Charter.
2016.
PASSED BY THE CITY COUNCIL signed and approved this day of July,
Avina Gutierrez, Mayor
ATTEST:
City Clerk
Publication Date:
Effecti