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HomeMy WebLinkAbout3516 Resolution - Repealed RESOLUTION NO. 35 tLP A RESOLUTION OF THE CITY OF PASCO ADOPTING FINDINGS IN SUPPORT OF RETENTION OF THE MORATORIUM PROHIBITING PRODUCING,PROCESSING AND RETAIL SALES OF RECREATIONAL MARIJUANA WITHIN THE CITY. WHEREAS, Initiative 502 was passed by the voters of the State of Washington in November 2012 providing a framework which marijuana producers,processors, and retailers can become licensed by the State of Washington; and WHEREAS, under Initiative 502, the Washington State Liquor Control Board (Board) is tasked with the responsibility to adopt regulations governing the licensing and operation of marijuana producers, processors, and retailers, and the Board is currently working on the regulations and is projecting that the regulations will be issued later this year; and WHEREAS, collective gardens and marijuana production, processing, and retailing uses must be addressed in the City's zoning code, but the impacts of these uses are still largely unknown and the regulations that the City will need to address them are uncertain pending the Board's adoption of its licensing regulations and procedures; and WHEREAS, possession and use of marijuana for any purpose, including medical use, remains illegal under Federal Law. Marijuana is listed as a Schedule I drug under the Federal Controlled Substance Act; and WHEREAS, there are several lawsuits pending, which would eventually impact regulations related to marijuana production, distribution, sales and use; and WHEREAS, it is anticipated that producing, processing, and retail sales of recreational marijuana may increase the risk to health and safety, require increased police and code enforcement activities, and affect the use and enjoyment of surrounding properties without appropriate regulations; and WHEREAS, unless the City addresses production, processing and retail sales of marijuana, and other marijuana-related uses, such uses may be able to locate in the city without regulation and thereby have adverse impacts on the City and its citizens; and WHEREAS, the City intends to develop appropriate zoning and land use regulations to accommodate the production, processing, and retail sales of recreational marijuana to the extent such activities do not conflict with Federal Law; and WHEREAS, The Liquor Control Board and Departments of Revenue and Health are directed to make recommendations to the State Legislature in January of 2014 regarding the interaction of laws relating to recreational and medical use of marijuana; and WHEREAS, the City Council has determined that it is in the best interest of the City that a moratorium be established to provide the City an opportunity to study appropriate regulations for production, processing and retail sales of recreational marijuana and to develop a work plan for the implementation of such regulations that comply with State and Federal Law;NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Resolution- 1 Section 1. The City of Pasco makes the following findings: A. The City of Pasco does not currently have specific regulations addressing the conditions or locations of recreational marijuana producing,processing or retail facilities within the City. B. The City adopted a moratorium on the issuance of all types of licenses regarding recreational marijuana through Resolution 3507 on September 3rd, 2013. C. The City conducted a public hearing on the propriety of the moratorium in an effort to provide the opportunity for public comments on October 7`h, 2013 and heard testimony from 1 citizen expressing concern over a moratorium on recreational marijuana with a prohibition on medical marijuana already in place. D. The City Council finds that zoning, licensing, and permitting regulations should be established in corroboration with recommendations stemming from the 2014 State Legislative session. E. The City must ensure that proposed locations for producers, processors and retail sales of marijuana do not cause secondary impacts to existing land uses — including burglaries, theft, trespass or public use of marijuana. F. The City has developed a work plan for the development of regulations regarding recreational marijuana attached to this Resolution as Exhibit"A." Section 2. Moratorium Retained. The moratorium imposed by Resolution 3507 on September 3rd, 2013 is retained prohibiting the issuance of all types of licenses relating to recreational marijuana within all zoning districts of the City of Pasco. Section 3. Term of the Moratorium. The moratorium established by Resolution 3507 shall continue in effect for a period extending to September 1, 2014, unless repealed, extended or modified by the City Council after a public hearing and the entry of appropriate findings of fact as required by RCW 35A.63.220, provided that the moratorium shall automatically expire upon the effective date of regulations adopted by the City Council to address producing, processing, and retail sales of recreational marijuana within the City of Pasco. Section 4. Effective Date. This Resolution shall be in full force and effect upon its passage and signature below. PASSED by he City Council of the City of Pasco, Washington, as its regular meeting dated this �/ day of O hc./ , 2013. Aar,/r -`� Matt Watkins, Mayor AT ST ( �► APP VED AS TO FORM: Debra City Clark, Cit Clerk Leland B. err, City .` orneyv Resolution - 2 EXHIBIT "A" October 2013 Recreational Marijuana Work Plan The following steps are intended to identify the expected process of creating legislation unique to the City of Pasco's needs and legislative priorities. 1. Research cities/states with similar circumstances/laws pertaining to recreational marijuana. 2. Research Washington Cities Insurance Association, Association of Washington Cities and the Municipal Research and Service Center to determine latest developments, cautions, examples and experiences in regulation of recreational marijuana. 3. Research current State law and reconcile the discrepancy of federal laws concerning cultivation/production, processing and retail sale of recreational marijuana, the question of precedence of State versus federal law and the risk of prosecution to City personnel implementing State law. 4. Involve City Departments to determine the extent and degree of intervention needed from permitting, licensing, taxation, code enforcement, crime prevention, public safety (police and fire protection)and zoning standpoints. 5. Research the degree of consistency for regulation desired/needed from Benton and Franklin counties and the cities if Kennewick, Richland and West Richland, and meet with these jurisdictions as necessary to coordinate efforts. 6. Prepare interim report to City Council on progress of the work plan and anticipated timeline for completion, and present to City Council after the conclusion of the 2014 State legislative session. 7. Develop draft legislative alternatives for regulating the production, processing and sale of recreational marijuana. 8. Review with City management and revise as directed. 9. Conduct public workshops with the Planning Commission and revise draft regulatory alternatives as needed. 10. Review developing State legislative amendments to State law concerning the production, processing and sale of recreational marijuana. Consider extension of the moratorium and adjustment of the work plan as necessary. 11. Conduct formal public hearing(s) with the Planning Commission to determine the Commission's recommendation to City Council. 12. Present the recommended legislation to City Council at a Workshop. 13. Return to City Council for formal action as directed.