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Record No: CB 118580    Version: Council Bill No: CB 118580
Type: Ordinance (Ord) Status: Passed
Current Controlling Legislative Body City Clerk
On agenda: 1/11/2016
Ordinance No: Ord 124969
Title: AN ORDINANCE relating to land use and zoning; repealing Ordinance 124552 and amending Sections 23.42.058, 23.47A.002, 23.47A.004, 23.47A.020, 23.48.002, 23.48.005, 23.48.065, 23.49.002, 23.49.025, 23.49.042, 23.49.090, 23.49.142, 23.49.300, 23.49.320, 23.49.338, 23.50.002, 23.50.012, 23.50.014, 23.50.044, 23.66.122, 23.66.322, and 23.84A.025 of the Seattle Municipal Code to change marijuana zoning regulations and make technical corrections.
Sponsors: Mike O'Brien
Supporting documents: 1. Amendment 1, 2. Amendment 2, 3. Amendment 3, 4. Amendment 4, 5. Summary and Fiscal Note, 6. Proposed Substitute, 7. Mayor's Letter, 8. DPD Director's Report, 9. Presentation (12/1/2015), 10. Central Staff Memo (12/1/2015), 11. Presentation (12/15/2015), 12. Central Staff Memo (12/15/2015), 13. Att A to Memo: Map of Ballard Ave. Landmark District, 14. Att B to Memo: Map of Pioneer Square Preservation District, 15. Signed Ordinance 124969

CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

title

AN ORDINANCE relating to land use and zoning; repealing Ordinance 124552 and amending Sections 23.42.058, 23.47A.002, 23.47A.004, 23.47A.020, 23.48.002, 23.48.005, 23.48.065, 23.49.002, 23.49.025, 23.49.042, 23.49.090, 23.49.142, 23.49.300, 23.49.320, 23.49.338, 23.50.002, 23.50.012, 23.50.014, 23.50.044, 23.66.122, 23.66.322, and 23.84A.025 of the Seattle Municipal Code to change marijuana zoning regulations and make technical corrections.

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WHEREAS, on October 7, 2013, Seattle City Council passed Ordinance 124326, implementing zoning restrictions on businesses involved in the production, processing, sale, and delivery of marijuana, marijuana-infused products, or useable marijuana; and

WHEREAS, a significant number of new businesses involved in the production, processing, and sale of marijuana, marijuana-infused products, or useable marijuana that are not licensed by the Washington State Liquor and Cannabis Board have opened since ordinance 124326 was passed; and

WHEREAS, state legislation amended the Revised Code of Washington (RCW), Title 69, to create a highly regulated system for the production, processing, and distribution of medical marijuana; and

WHEREAS, Seattle Resolution 31595 adopted on July 13, 2015, describes enforcement priorities for non-state-licensed marijuana businesses; and

WHEREAS, the Seattle Marijuana Business License Ordinance adopted on July 13, 2015 requires all marijuana businesses to obtain a City marijuana license;

WHEREAS, it is in the interest of the people of the City of Seattle to have clear regulations regarding where permitted marijuana businesses will be allowed to operate; and

WHEREAS, it is in the interest of the people of the City of Seattle to ensure that legitimate patients continue to have the authority to grow and process marijuana for their personal use under specific guidelines; and

WHEREAS, it is in the interest of the City of Seattle to enact clear and enforceable standards for businesses involved in the production, processing, and sale of marijuana, marijuana-infused products, or useable marijuana and to prohibit unlawful businesses that operate without a Washington State Liquor and Cannabis Board license in order to ensure appropriate oversight of product purity, packaging, security, signage and other business practices; and

WHEREAS, buffering and dispersion provisions are necessary to ensure there are sufficient business locations, but no concentration of permitted marijuana businesses; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Pursuant to the authority granted by RCW 69.50.331(8)(b), Section 3.C of this ordinance is intended to reduce the minimum distances between state-licensed marijuana premises and the facilities described in RCW 69.50.331(8)(a), except elementary schools, secondary schools, and playgrounds, from 1,000 feet to 500 feet for facilities that include the retail sale of marijuana products; from 1,000 feet to 250 feet for premises that do not include retail sale of marijuana products; and, within a portion of the downtown core only, from 1,000 feet to 250 feet for premises that include the retail sale of marijuana products. The City Council finds that reducing these minimum distances will not negatively impact the City of Seattle’s civil regulatory enforcement, criminal law enforcement interests, public safety, or public health.

Section 2. Ordinance 124552 is repealed.

Section 3. Section 23.42.058 of the Seattle Municipal Code, enacted by Ordinance 124326, is amended as follows:

23.42.058 Marijuana

A. ((On any lot or on any combination of contiguous lots held in common ownership that contains no dwelling unit or business establishment, major marijuana activity may not be conducted.

B. On any lot or any combination of contiguous lots held in common ownership that contains one or more dwelling units:

1. no production, processing, selling, or delivery of marijuana, marijuana-infused products, or useable marijuana may be conducted unless it is in association with a dwelling unit or is in association with a business establishment meeting the limitations imposed by subsection 23.42.058.C; and

2. major marijuana activity may not be conducted in association with any dwelling unit.

C. Except as provided in subsection 23.42.058.D, major marijuana activity may not be conducted in association with all business establishments combined on a lot or combination of contiguous lots held in common ownership.

D. Licensed marijuana business establishments described in subsection 23.42.058.D.1 are exempt from subsection 23.42.058.C if not located in any of the restricted areas listed in subsection 23.42.058.D.2.

1. A "licensed marijuana business establishment" within the meaning of subsection 23.42.058.D is a business establishment acting in compliance with a license issued by the state for the production, processing, selling, or delivery of marijuana, marijuana-infused products, or useable marijuana under Title 69 of the Revised Code of Washington.

2. The "restricted areas" within the meaning of subsection 23.42.058.D are:)) Major marijuana activity is prohibited in any dwelling unit, regardless of the zone in which the dwelling unit is located, except that major marijuana activity is allowed in caretaker’s quarters unless the quarters are located in a zone or district identified in subsection 23.42.058.B.

B. Major marijuana activity is prohibited in the following zones and districts:

((a))1. ((Any)) Single-family zones;

((b))2. ((Any)) Multifamily zones;

((c))3. ((Any)) Neighborhood Commercial 1 (NC1) zones;

((d. Any of the following Downtown zones:))

((1)))4. Pioneer Square Mixed (PSM);

 ((2)))5. International District Mixed (IDM);

((3)))6. International District Residential (IDR);

((4)))7. Downtown Harborfront 1 (DH1);

((5)))8. Downtown Harborfront 2 (DH2); or

((6)))9. Pike Market Mixed (PMM); or

((e . Any of the following districts:))

((1)))10. Ballard Avenue Landmark District;

((2)))11. Columbia City Landmark District;

((3)))12. Fort Lawton Landmark District;

((4)))13. Harvard-Belmont Landmark District;

((5)))14. International Special Review District;

((6)))15. Pike Place Market Historical District;

((7)))16. Pioneer Square Preservation District;

((8)))17. Sand Point Overlay District; or

((9)))18. Stadium Transition Area Overlay District.

C. Major marijuana activity is allowed in all other zones if the activity and site meet the following requirements:

1. The person operating the major marijuana activity must have a current license issued by the State of Washington pursuant to Title 69 RCW authorizing the person to produce, process, or sell, at the proposed site, marijuana, marijuana-infused products, useable marijuana, or marijuana concentrates, or to research or test any of those products at the proposed site for quality assurance pursuant to Title 69 RCW;

2. Any lot line of property having a major marijuana activity must be 1,000 feet or more from any lot line of property on which any of the following uses as defined in WAC 314-55-010 is located: elementary school; secondary school; or playground;

3. Any lot line of property having a major marijuana activity that includes the retail sale of marijuana products, except that in Downtown Mixed Residential and Downtown Mixed Commercial zones within that portion of the Downtown Urban Center that is west of Interstate 5, north of Yesler Way, and south of Denny Way major marijuana activity that includes the retail sale of marijuana products must be 250 feet or more,  must be 500 feet or more from any lot line of property on which any of the following uses as defined in WAC 314-55-010 is established and operating: child care center; game arcade; library; public park; public transit center; or recreation center or facility;

4. Any lot line of property having a major marijuana activity that does not include the retail sale of marijuana products must be 250 feet or more from any lot line of property on which any of the following uses as defined in WAC 314-55-010 is established and operating: child care center; game arcade; library; public park; public transit center; or recreation center or facility;

5. No more than two properties with major marijuana activity that includes the retail sale of marijuana products are allowed within 1000 feet of each other; where any lot lines of two properties with existing major marijuana activity that includes the retail sale of marijuana products are located within 1000 feet of each other, any lot line of another property with a new major marijuana activity that includes the retail sale of marijuana products must be 1000 feet or more from the closest lot line of the property containing existing major marijuana activity that includes the retail sale of marijuana products;

6. Whether a major marijuana activity complies with the locational requirements prescribed by subsections 23.42.058.C.2, 23.42.058.C.3, 23.42.058.C.4, or 23.42.058.C.5 shall be based on facts that exist on the date the Washington State Liquor and Cannabis Board issues a “Notice of Marijuana Application” to The City of Seattle.

Section 4. Section 23.47A.002 of the Seattle Municipal Code, last amended by Ordinance 123770, is amended as follows:

23.47A.002 Scope of provisions

A. This ((c))Chapter 23.47A describes the authorized uses and development standards for the following zones:

Neighborhood Commercial 1 (NC1) ((,)) ;

Neighborhood Commercial 2 (NC2) ((,)) ;

Neighborhood Commercial 3 (NC3) ((,)) ;

Commercial 1 (C1) ((,)) ; and

Commercial 2 (C2).

B. Commercial zones listed in subsection 23.47A.002.A and having an incentive zoning suffix are subject to this Chapter 23.47A and Chapter 23.58A, Incentive Provisions.

((B. [))C((])). Some land in C zones and NC zones may be regulated by Subtitle III, Division 3, Overlay Districts, of this Title 23.

((C. [))D((])). Other regulations, including but not limited to ((,)) major marijuana activity (Section 23.42.058); requirements for streets, alleys, and easements (Chapter 23.53); standards for parking quantity, access, and design (Chapter 23.54); standards for solid waste storage (Chapter 23.54); signs (Chapter 23.55); and methods for measurements (Chapter 23.86) may apply to development proposals. Communication utilities and accessory communication devices, except as exempted in Section 23.57.002, are subject to the regulations in this ((c))Chapter 23.47A and additional regulations in Chapter 23.57, Communications Regulations.

Section 5. Subsection 23.47A.004.A and Table A for 23.47A.004 of the Seattle Municipal Code, which section was last amended by Ordinance 124843, are amended as follows:

23.47A.004 Permitted and prohibited uses

A. All uses are permitted outright, prohibited, or permitted as a conditional use according to Table A for 23.47A.004 and this Section 23.47A.004, except as may be otherwise provided pursuant to subtitle III, Division 3, Overlay Districts, of this ((subtitle III of)) Title 23.

* * *

 

 

 Table A for 23.47A.004 Uses in Commercial ((Z))zones

 

((PERMITTED AND PROHIBITED USES BY ZONE)) Permitted and prohibited uses by zone (1)

((USES)) Uses

NC1

NC2

NC3

C1

C2

A. AGRICULTURAL USES

 

 

 

 

 

A.1 Animal husbandry

A

A

A

A

P

A.2. Aquaculture

10

25

P

P

P

A.3. Community garden

P

P

P

P

P

A.4. Horticulture

10

25

P

P

P

A.5. Urban farm (2)

P

P

P

P

P

B. CEMETERIES

X

X

X

X

X

C. COMMERCIAL USES (((19)))(3)

 

 

 

 

 

C.1. Animal shelters and kennels

X

X

X

X

P

C.2. Eating and drinking establishments

 

 

 

 

 

C.2.a. Drinking establishments

CU-10

CU-25

P

P

P

C.2.b. Restaurants

10

25

P

P

P

C.3. Entertainment uses

 

 

 

 

 

C.3.a. Cabarets, adult (((17)))(4)

X

P

P

P

P

C.3.b. Motion picture theaters, adult

X

X

X

X

X

C.3.c. Panorams, adult

X

X

X

X

X

C.3.d. Sports and recreation, indoor

10

25

P

P

P

C.3.e. Sports and recreation, outdoor

X

X

X(((2)))(5)

P

P

C.3.f. Theaters and spectator sports facilities

X

25

P

P

P

C.4. Food processing and craft work (2)

10

25

25

P

P

C.5. Laboratories, research and development

10

25

P

P

P

C.6. Lodging uses

X(((3)))(6)

CU-25(((3)))(6)

P

P

P

C.7. Medical services (((4)))(7)

10

25

P

P

P

C.8. Offices

10

25

P

35(((5)))(8)

35(((5)))(8)

C.9. Sales and services, automotive

 

 

 

 

 

C.9.a. Retail sales and services, automotive

10(((6)))(9)

25(((6)))(9)

P(((6)))(9)

P

P

C.9.b. Sales and rental of motorized vehicles

X

25

P

P

P

C.10. Sales and services, general (2)

 

 

 

 

 

C.10.a. Retail sales and services, general (2)

10

25

P

P

P

C.10.b. Retail sales, multipurpose

10(((7)))(10)

50

P

P

P

C.11. Sales and services, heavy

 

 

 

 

 

C.11.a. Commercial sales, heavy

X

X

25

P

P

C.11.b. Commercial services, heavy

X

X

X

P

P

C.11.c. Retail sales, major durables

10

25

P

P

P

C.11.d. Retail sales and services, non-household

10

25

P

P

P

C.11.e. Wholesale showrooms

X

X

25

25

P

C.12. Sales and services, marine

 

 

 

 

 

C.12.a. Marine service stations

10

25

P

P

P

C.12.b. Sales and rental of large boats

X

25

P

P

P

C.12.c. Sales and rental of small boats, boat parts and accessories

10

25

P

P

P

C.12.d. Vessel repair, major

X

X

X

S

S

C.12.e. Vessel repair, minor

10

25

P

P

P

D. HIGH-IMPACT USES

X

X

X

X

X

E. INSTITUTIONS

 

 

 

 

 

E.1. Institutions not listed below

10

25

P

P

P

E.2. Major institutions subject to the provisions of Chapter 23.69

P

P

P

P

P

E.3. Religious facilities

P

P

P

P

P

E.4. Schools, elementary or secondary

P

P

P

P

P

F. LIVE-WORK UNITS (((8)))(11)

P

P

P

P

P

G. MANUFACTURING USES

 

 

 

 

 

G.1. Manufacturing, light (2)

X

10

25

P

P

G.2. Manufacturing, general

X

X

X

P

P

G.3. Manufacturing, heavy

X

X

X

X

X

H. PARKS AND OPEN SPACE

P

P

P

P

P

I. PUBLIC FACILITIES

 

 

 

 

 

I.1. Jails

 

 

 

 

 

I.1.a. Youth Service Centers

X

X

P(((20)))(12)

X

X

I.1.b. All other jails

X

X

X

X

X

I.2. Work-release centers

CCU-10

CCU-25

CCU

CCU

CCU

J. RESIDENTIAL USES (((9)))(13)

 

 

 

 

 

J.1. Residential uses not listed below

P

P

P

P

CU(((10)))(14)

J.2. Caretaker’s quarters

P

P

P

P

P

J.3. Congregate residence

X/P(((11)))(15)

X/P(((11)))(15)

P/X(((12)))(16)

P/X(((12)))(16)

P/X(((12)))(16)

K. STORAGE USES

 

 

 

 

 

K.1. Mini-warehouses

X

X

25

40

P

K.2. Storage, outdoor

X

X

X(((13)))(17)

P

P

K.3. Warehouses

X

X

25

25

P

L. TRANSPORTATION FACILITIES

 

 

 

 

 

L.1. Cargo terminals

X

X

X

S

P

L.2. Parking and moorage

 

 

 

 

 

L.2.a. Boat moorage

S

S

S

S

S

L.2.b. Dry boat storage

X

25

P

P

P

L.2.c. Parking, principal use, except as listed below(((14)))(18)

X

25

P

P

P

L.2.c.i. Park and pool lots(((14)))(18)

P(((15)))(19)

P

P

P

P

L.2.c.ii. Park and ride lots(((14)))(18)

X

X

CU

CU

CU

L.2.d. Towing services

X

X

X

P

P

L.3. Passenger terminals

X

X

25

P

P

L.4. Rail transit facilities

P

P

P

P

P

L.5. Transportation facilities, air

 

 

 

 

 

L.5.a. Airports (land-based)

X

X

X

X

X

L.5.b. Airports (water-based)

X

X

X

X

S

L.5.c. Heliports

X

X

X

X

X