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Home My WebLink About5205 ORDINANCE NO. 5205 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 20 40 160 and Chapter 20 42 of the Bremerton Municipal Code to specify that medical marijuana collective gardens are not permitted in any zoning districts within the City of Bremerton WHEREAS, Initiative Measure No 692, approved by the voters of Washington State on November 3, 1998 and now codified as Chapter 69 51A RCW, created an affirmative defense for "qualifying patients" to the criminal charge of possession of marijuana (cannabis), and WHEREAS, in 2011 the Washington State Legislature passed a bill, Engrossed Second Substitute Senate Bill 5073 (E2SSB 5073), that, among other things, authorized "collective gardens" allowing qualifying patients the ability to collectively grow up 45 marijuana plants, and WHEREAS, on April 29, 2011, Governor Gregoire vetoed portions of E2SSB 5073 but signed into law the amendment authorizing collective gardens, and WHEREAS, E2SSB 5073, as approved, further authorized cities to adopt and enforce zoning requirements regarding production and processing of medical marijuana, and WHEREAS, marijuana remains a controlled substance under the Federal Controlled Substances Act, 21 U S C Ch 13 and the U S Department of Justice and United States Attorneys in the State of Washington have continued to maintain that marijuana is illegal to possess, distribute, dispense or manufacture under federal law, and WHEREAS, the City Council held a public hearing on August 17, 2011 to adopted Ordinance No 5159 which determined that the City's Zoning Code does not adequately address the impacts of the placement and uses of medical marijuana collective gardens and therefore established a six (6) month moratorium on the placement and uses of medical marijuana collective gardens within the City, and WHEREAS, the moratorium established by Ordinance No 5159 became effective September 1, 2011 and expired on February 29, 2012, and WHEREAS, the City Council held a public hearing on February 1, 2012 for Ordinance No 5178 to extend the moratorium 6- months to expire on August 31, 2012, and WHEREAS, the City Council held a public hearing on August 15, 2012 for Ordinance No 5192 to extend the moratorium 6- months to expire on February 28, 2013, and 1 Zoning Code Amendment — Collective Gardens WHEREAS, the City of Bremerton has established a procedure for amending the Zoning Code in Title 20 18 020 (d) of the Bremerton Municipal Code (BMC), which requires amendments to the Zoning Code to be both consistent with the goals and policies of the Comprehensive Plan and to be consistent with other applicable City, state and federal codes, regulations and ordinances, and WHEREAS, the amendments are consistent with the City's Comprehensive Plan, County Wide Planning Policies, The State Growth Management Act, and other applicable regulations and ordinances, and WHEREAS, on October 31, 2012 the proposed Zoning Code amendments relating to medical marijuana collective garden was circulated to the State Agencies for the requisite 60- day review and comment period and the City received conformation on the November 5, 2012 that the notice was received, and WHEREAS, on November 5, 2012 a State Environmental Policy Act Determination of Nonsigmficance was issued and published in the Kitsap Sun for the proposed action with an administrative appeal deadline on December 3, 2012 and no appeals were filed, and WHEREAS, on November 13, 2012 the City of Bremerton Planning Commission considered staff's recommendations, received testimony, and recommended amending the Zoning Code as set out in this Ordinance, and WHEREAS, the public was notified by legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the City Council, and WHEREAS, City Council took public testimony from interested parties and considered all written and oral arguments at a duly advertised public hearing for the Zoning Code amendments on January 16, 2013, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. Recitals Incorporated The recitals set forth in this ordinance are hereby incorporated as if fully set forth herein SECTION2. The findings and conclusions adopted by the Planning Commission attached hereto as Exhibit A are adopted and incorporated as if set forth fully herein SECTIONS. Section 20 40 160 in the Bremerton Municipal Code titled "Prohibited Uses" is hereby amended to prohibit a medical marijuana collective garden as follows 2 Zoning Code Amendment — Collective Gardens 20.40.160 PROHIBITED USES. (a) No use that is illegal under local, state, or federal law shall be allowed in any zone within the City (b) Any use not listed as a permitted, conditional or accessory use by the zone, or any use not determined to be a similar use pursuant to BMC 20 40 150, or any use not found to be an allowable accessory use to the principle use shall be prohibited within that zone unless allowed otherwise by law (c) A collective garden, as defined in BMC 20 42 040, is prohibited in all zoning districts of the City (1) Any violation of this section is declared to be a public nuisance per se, and shall be abated by the city attorney under applicable provisions of this code or state law, including, but not limited to, the provisions of Chanter 104 BMC, (2) Nothing in this section is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates an city, state, or federal law or statute SECTION 4. Section 20 42 020 in the Bremerton Municipal Code titled "List of Defined Terms" is hereby amended to add " Collective garden to the list in alphabetical order between the two existing words "Co- location" and "Community Facility" SECTION S. Section 20 42 040 in the Bremerton Municipal Code titled "Definitions" is hereby amended to include a new definition for "Collective garden' between the two existing definitions, "Co- location" and "Community Facility" 20.42.040 DEFINITIONS. "Collective garden" means gardens established and /or maintained for the rg owing, production, transportation, and delivery of cannabis, by qualifying patients, for medical use, as defined in RCW 69 51A 085, as currently enacted and hereinafter amended SECTION 6. Severability If any one or more sections, sub - sections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect SECTION 7. Effective Date This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law PASSED by the City Council the day of J(4t nAAec.l' , 2013 ) aJ 1 2 . , .— r tVJ.r , Council President 3 Zoning Code Amendment — Collective Gardens Approved this //� day of GL , 2013 PATTY LE or N A T A S TO RM SHANNON CORIN, City Clerk ROGER A LUB i y ttomey PUBLISHED the day of juk.,4110 9 2013 EFFECTIVE the day of t, , 2013 ORDINANCE NO R \Legal \Legal \Ordinances \Community Development\Collective Gardens doc 4 Zoning Code Amendment — Collective Gardens Exhibit A FINDINGS AND CONCLUSIONS OF THE CITY OF BREMERTON PLANNING COMMISSION Summary: Proposed amendments relate medical marijuana collective gardens to the Bremerton Municipal Code (BMC). Additional amendments are to provide a definition to BMC 20 42 040 for "collective garden" I. FINDINGS OF FACT 1. Project Description: Proposed amendments to the Zoning Code include the following • Add language to prohibit medical marijuana collective gardens, based on conflict with federal law, and • Add BMC 20 42 040 definition for "co llect #ve garden" 2. Procedural History 2 1 August 17, 2011 — City Council imposed a 6 -month moratorium on the acceptance on any permit or approval for medical marijuana collective gardens 2 2 February 1, 2012 — A 6 -month extension on the moratorium for collective gardens was adopted by City Council 2 3 August 15, 2012 — A second 6 -month moratorium on collective gardens was adopted by City Council 2.4 November 3, 2012 -- Notice of Public Hearing 2 5 November 5, 2012 — SEPA DNS 2 6 November 13, 2012 -- Planning Commission Public Hearing 3. Public Comment Individuals providing verbal testimony at Planning Commission public hearing a No Public Testimony 4. SEPA Determination A Determination of Non - Significance was issued on November 5, 2012, with a comment deadline of November 19, 2012, and an appeal deadline of December 3, 2012 No comments or appeals have been filed to date S. Consistency Zoning Code text amendments shall meet the decision criteria outlined in BMC 20.18.020 (d) The Planning Commission may recommend, and the City Council may adopt or adopt with modifications, an amendment to the Zoning Code text if the criteria outlined below are met BMC 20.18 020(d)(1) allows text amendments if they are consistent with the goals and policies of the Comprehensive Plan Collective Gardens Planning Commission Hearing Analysis The amendments are minor and continue to uphold the objectives and goals of the Comprehensive Plan These amendments do not change the intent or purpose of the Zoning Code BMC 20 18 202(d)(2) allows text amendments if they are consistent with other City, State, and Federal codes, regulations and ordinances Analysis The proposed amendments to the Zoning Code do not conflict with any other regulations. II. CONCLUSIONS & RECOMMENDATION Based on the findings above, Planning Commission concludes that the Zoning Code amendments meet the requirements in BMC 20.18.020, text amendments to the Zoning Code, and therefore recommends the adoption of the amendments to the Zoning Code Resp Ily submitte y ndre L. Sp , Executive Secretary Ap d by G Collective Gardena Planning Commission !fearing AFFIDAVIT OF PUBLICATION Account #42742 AD# 20130891 STATE OF WASHINGTON COUNTY OF KITSAP I, Rolene Buswell, being first duly sworn on oath, deposes and says That she is now, and at all tunes embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN, that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper, that the following is a true text of an advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit And on January 21, 2013 such newspaper was regularly distributed to its subscribers during all of said period The full amount of the fee charged for the foregoing publication is the sum of $37 30 This amount has not been paid in full (Signature of Principal Clerk) Subscribed and sworn to before me this day of January 25, 2013 Notary Public in and for the State of Washington, Kitsap County CASSANDRA A CAPAS Notary Public State of Washington My Commission Expires February 04, 2014 ORDINANCE NO 5205 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 20 40160 and Chapter 20 42 of the Bremerton Mumupal Code to specifiy the medical marijuana collective gardens are not permitted in any zoning districts within the City of Bremerton PASSED by the City Council on the 16th day of January, 2013 The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, WA 98337 ,January 21, 2013 Ad# 20130891