HomeMy WebLinkAboutORD 5816 CITY OF RENTON, WASHINGTON
ORDINANCE N0. 58�6
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION
4-1-250 OF CHAPTER 1, ADMINISTRATION AND ENFORCEMENT, SECTION 4-4-
O80 OF CHAPTER 4, CITY-WIDE PROPERTY DEVELOPMENT STANDARDS, AND
SECTION 4-11-130 OF CHAPTER 11, DEFINITIONS, OF TITLE IV (DEVELOPMENT
REGULATIONS) OF THE RENTON MUNICIPAL CODE, BY AMENDING MARUUANA
ZONING AND PARKING REGULATIONS, AND ADDING AND AMENDING
DEFINITIONS.
WHEREAS, the City of Renton adopted interim zoning that limited the number of retail
marijuana stores in the City to five (5); and
WHEREAS, the interim zoning was adopted to allow time to engage in a work program
to consider allowing six (6) retail stores, as allocated by the Washington State Liquor and
Cannabis Board; and
WHEREAS, the City also needed to consider and evaluate amendments to City
regulations regarding marijuana in response to amendments to State laws regarding marijuana,
such as allowing some buffers from sensitive uses to be reduced, and to allow for a public
process; and
WHEREAS, the Planning Commission duly studied and considered regulations for
recreational marijuana; and
WHEREAS, the Planning Commission held a public hearing on the matter of the
proposed regulations for recreational marijuana on August 17, 2016; and
WHEREAS, the Planning Commission deliberated and made a recommendation
regarding recreational marijuana on September 7, 2016; and
WHEREAS,the Council held a public hearing on October 3, 2016;
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ORDINANCE NO. 5816
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
SECTION I. Section 4-1-250, Marijuana Regulations, of Chapter 1, Administration and
Enforcement, of Title IV (Development Regulations) of the Renton Municipal Code, is amended
as follows:
4-1-250 MARIJUANA REGULATIONS:
A. PURPOSE:
The City of Renton, in an effort to comply with state law, has adopted
marijuana laws that are intended to be consistent with Chapter 69.50 RCW,
Uniform Controlled Substances Act, and Chapter 69.51A RCW, Medical Cannabis,
as they exist or may be amended.
B. AUTHORITY:
The City of Renton derives its authority to act on marijuana use, production,
processing, a� sales, and cooperatives within its jurisdiction from Washington
State Constitution Article XI, Section 11, Police and Sanitary Regulations;
Chapters 69.50 and 69.51A RCW, as they exist or may be amended; its authority
to regulate zoning within its jurisdiction; and any and all other authority granted
to Renton by the State Legislature and the Washington State Liquor�e� and
Cannabis Board.
C. COOPERATIVES AND TRANSPORTERS:
Mariivana cooperatives are not allowed in the Citv and mariivana
transporters shall not be licensed in the Citv.
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ORDINANCE N0. 5816
DE. BUSINESS REGULATION:
By accepting a license issued pursuant to this chapter and/or Chapter 5-5
RMC, Business Licenses, as they exist or may be amended, a licensee, jointly and
severally, if more than one, agrees to indemnify and defend the City, its officers,
elected officials, employees, attorneys, agents, insurers, and self-insurance pool,
if any, against all liability, claims and demands, on account of injury, loss or
damage, including, without limitation, claims arising from bodily injury, personal
injury, sickness, disease, death, property loss or damage, or any other loss of any
kind whatsoever, which arise out of or are in any manner connected with the
operation of the marijuana-related business that is the subject of the license.
The licensee further agrees to investigate, handle, respond to, and to provide
defense for and defend against, any such liability, claims, or demands at its
expense, and to bear all other costs and expenses related thereto, including
court costs and attorney fees. The Administrative Services Administrator may
require a licensee to execute a written instrument confirming the provisions of
this chapter.
E. � LICENSE REQUIREMENT:
All business licenses related to marijuana shall contain language that
substantially conforms to the following:
1. Renton shall not be responsible or liable for any claim, defense, or
anything related to the operation of a marijuana-related business activity.
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ORDINANCE N0. 5816
2. By signing the business license application, the licensee accepts, agrees
and acknowledges that it shall not have any claim again Renton related to any
claim, defense, or loss related to the operation of a marijuana-related business
activity, and that the applicant shall hold Renton absolutely harmless for any
such claim, defense or loss. This Section shall govern the licensee's
responsibilities in the event of a claim, defense, or loss related to the operation
of a marijuana-related business activity.
3. By signing the business license application, the licensee accepts, agrees
and acknowledges that under federal law, and more specifically the Supremacy
Clause of the United States Constitution, Article VI, Paragraph 2, federal law
generalty takes precedence over Washington State laws, and even the
Washington State Constitution.
4. Based on the supremacy clause and federal law in general, the
applicant may still be subject to arrest, prosecution, imprisonment, and/or fines
for violating federal law, Renton shall have no duty, responsibility, or liability
based on any of those events, and that Renton may be the entity to arrest,
prosecute, imprison or fine the applicant.
F.€: PROCEDURE FOR OBTAINING CITY LICENSE FOR MARUUANA USE:
1. Any marijuana retailer, producer, or processor must obtain and
maintain a valid Washin�ton State Liquor and Cannabis Board license or
endorsement to sell, produce or process marijuana in the City of Renton at the
State approved location. �y-e�c+st+r�g-r�a:-0;::�^� "���:^^�c^� ,��' � ��+:��� +`��+
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ORDINANCE NO. 5816
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2. Upon timely obtaining a marijuana license or endorsement from the
State and complying with the City Zoning Code and other applicable City codes,
and upon application and payment of all appropriate taxes and/or fees, a City
business license may be issued.
;. '^��G. LOCATION:
1. Marijuana zoning can be found in RMC 4-2-060.
2. As defined and measured in WAC 314-55 and as authorized under RCW
59.50.331, mariivana retailers, producers. and processors shall not be located
within one thousand feet (1,000') of anv child care center, elementarv or
secondarv school, �ame arcade, librarv, plav�round, public park, public transit
center, or recreation center or facilitv.
H. MAXIMUM NUMBER OF MARUUANA RETAIL LICENSES:
The Citv will issue no more than five (5) business licenses to mariivana
retailers. The licenses shall be issued to the first five (5) applicants that hold valid
licenses from the Washin�ton State Liquor and Cannabis Board and complv with
Citv zonin� and development reauirements. The date apalications are received
bv the Citv shall be used for the purpose of determinin�order.
SECTION II. The Commercial Activities Outside of the Center powntown Zone
and Except Shopping Centers section of subsection 4-4-080.F.10.d, Parking Spaces Based
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ORDINANCE N0. 5816
on Land Use, of Chapter 4, City-Wide Development Standards, of Title IV (Development
Regulations) of the Renton Municipal Code, is amended to add a new row labeled
"Retail Marijuana," to read as shown below. The rest of the subsection shall remain as
currently codified, except for the addition in SECTION III of this ordinance.
USE I NUMBER OF REQUIRED SPACES
COMMERCIAL ACTIVITIES OUTSIDE OF THE CENTER DOWNTOWN ZONE AND EXCEPT
SHOPPING CENTERS:
Drive-through retail or Stacking spaces:The drive-through facility shall be so located
drive-through service: that sufficient on-site vehicle stacking space is provided for the
handling of motor vehicles using such facility during peak
business hours. Typically 5 stacking spaces per window are
required unless otherwise determined by the Community and
Economic Development Administrator. Stacking spaces cannot
obstruct required parking spaces or ingress/egress within the
site or extend into the public right-of-way.
Banks: A minimum of 2.5 per 1,000 square feet of net floor area and a
maximum of 5.0 per 1,000 square feet of net floor area except
when part of a shopping center.
Convalescent centers: A minimum and maximum of 1 for every 2 employees plus 1 for
every 3 beds.
Day care centers, adult day A minimum and maximum of 1 for each employee and 2 drop-
care (1 and II): off/pick-up spaces within 100 feet of the main entrance for
every 25 clients of the program.
Hotels and motels: A minimum and maximum of 1 per guest room plus 1 for every
3 employees.
Bed and breakfast houses: A minimum and maximum of 1 per guest room.
Mortuaries or funeral A minimum and maximum of 10 per 1,000 square feet of floor
homes: area of assembly rooms.
Vehicle sales (large and A minimum and maximum of 1 per 5,000 square feet. The sales
small vehicles)with outdoor area is not a parking lot and does not have to comply with
retail sales areas: dimensional requirements, landscaping or the bulk storage
section requirements for setbacks and screening. Any
arrangement of motor vehicles is allowed as long as:
• A minimum 5-foot perimeter landscaping area is provided;
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ORDINANCE N0. 5816
• They are not displayed in required landscape areas; and
• Adequate fire access is provided per Fire Department
approval.
Vehicle service and repair A minimum and maximum of 2.5 per 1,000 square feet of net
(large and small vehicles): floor area.
Offices, medical and dental: A minimum and maximum of 5.0 per 1,000 square feet of net
floor area.
Offices, general: A minimum of 2.0 per 1,000 square feet of net floor area and a
maximum of 4.5 parking spaces per 1,000 square feet of net
floor area.
Eating and drinking A minimum and maximum of 10 per 1,000 square feet of dining
establishments and taverns: area.
Eating and drinking A minimum and maximum of 1 per 75 square feet of dining
establishment combination area.
sit-down/drive-through
restaurant:
Retail sales and big-box A minimum and maximum of 2.5 per 1,000 square feet of net
retail sales: floor area, except big-box retail sales, which is allowed a
maximum of 5.0 per 1,000 square feet of net floor area if
shared and/or structured parking is provided.
Retail Mariivana: A minimum of 4.0 and a maximum of 5.0 per 1,000 square feet
of net floor area.
Services, on-site (except as A minimum and maximum of 3.0 per 1,000 square feet of net
specified below): floor area.
Clothing or shoe repair A minimum and maximum of 2.0 per 1,000 square feet of net
shops, furniture, appliance, floor area.
hardware stores, household
equipment:
Uncovered commercial area, A minimum and maximum of 0.5 per 1,000 square feet of retail
outdoor nurseries: sales area in addition to any parking requirements for buildings.
Recreational and entertainment uses:
Outdoor and indoor sports A minimum and maximum of 1 for every 4 fixed seats or 10 per
arenas, auditoriums, 1,000 square feet of floor area of main auditorium or of
stadiums, movie theaters, principal place of assembly not containing fixed seats,
and entertainment clubs: whichever is greater.
IBowling alleys: A minimum and maximum of 2 per alley.
Dance halls, dance clubs, A minimum and maximum of 1 per 40 square feet of net floor
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ORDINANCE N0. 5816
and skating rinks: (area.
Golf driving ranges: I A minimum and maximum of 1 per driving station.
Marinas: A minimum and maximum of 2 per 3 slips. For private marina
associated with a residential complex, then 1 per 3 slips. Also 1
loading area per 25 slips.
IMiniature golf courses: A minimum and maximum of 1 per hole.
Other recreational: A minimum and maximum of 1 per occupant based upon 50%
of the maximum occupant load as established by the adopted
Building and Fire Codes of the City of Renton.
ITravel trailers: A minimum and maximum of 1 per trailer site.
SECTION III. The Commercial Activities Within the Center powntown Zone
section of subsection 4-4-080.F.10.d, Parking Spaces Based on Land Use, of Chapter 4,
City-Wide Development Standards, of Title IV (Development Regulations) of the Renton
Municipal Code, is amended to add a new row labeled "Retail Marijuana," to read as
shown below. The rest of the subsection shall remain as currently codified, except for
the addition in SECTION II of this ordinance.
USE I NUMBER OF REQUIRED SPACES
COMMERCIAL ACTIVITIES WITHIN THE CENTER DOWNTOWN ZONE:
Convalescent center, drive-through These uses follow the standards applied outside
retail, drive-through service, hotels, the Center powntown Zone.
mortuaries, indoor sports arenas,
auditoriums, movie theaters,
entertainment clubs, bowling alleys,
dance halls, dance clubs, and other
recreational uses:
Retail Mariivana: A minimum of 4.0 and a maximum of 5.0 per 1,000
sauare feet of net floor area.
All commercial uses allowed in the CD A maximum of 1 space per 1,000 square feet of net
Zone except for the uses listed above: floor area, with no minimum requirement.
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ORDINANCE N0. 5816
SECTION IV. Section 4-11-130, Definitions M, of Chapter 11, Definitions, of Title IV
(Development Regulations) of the Renton Municipal Code is amended to add definitions of
"Marijuana Cooperative" and "Marijuana Transporter" in alphabetical order and to read as
shown below, and to amend the definitions of "Marijuana Processor," "Marijuana Producer"
and "Marijuana Retail," as follows:
MARUUANA COOPERATIVE: Persons that as qualified patients or desi�nated
providers, as defined bv RCW 69.51A, share responsibilitv for acquirin� and
supplvin� the resources needed to produce and arocess mariivana in the
residence of one of the members.
MARUUANA PROCESSOR: A person or business entity that is licensed by the
Washington State Liquor �e� and Cannabis Board, under RCW 69.50.325
(Marijuana producer's license) and/or RCW 69.50.328 (Marijuana producers,
processors — No direct or indirect financial interest in licensed marijuana
retailers), and related sections of the RCW, as they exist or may be amended, to
process, package, and label useable marijuana and marijuana-infused products
for sale at wholesale to marijuana retailers.
MARUUANA PRODUCER: A person or business entity that is licensed by the
Washington State Liquor �e� and Cannabis Board, under RCW 69.50.325
(Marijuana producer's license), and related sections of the RCW, as they exist or
may be amended, to produce and sell marijuana at wholesale to marijuana
processors and other marijuana producers.
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ORDINANCE N0. 5816
MARUUANA RETAIL: A person or business entity that is licensed by the
Washington State Liquor �e� and Cannabis Board, under RCW 69.50.354
(Retail outlets licenses), RCW 69.50.357 (Retail outlets — Rules), and related
sections of the RCW, as they exist or may be amended, to sell useable marijuana
and/or marijuana infused products and restrict entry to the premises to persons
twenty one (21) years of age and older.
MARUUANA TRANSPORTER: A person or business entitv that is licensed bv the
Washin�ton State Liauor and Cannabis Board, under RCW 69.50.385 (Common
carriers— Licensin�—State liquor and cannabis board to adoat rulesl, and related
sections of the RCW, as thev exist or mav be amended, to transport mariivana
plants, useable mariivana, and/or mariivana infused products to other mariivana
licensees.
SECTION V. This ordinance shall be in full force and effect thirty (30) days after
publication of a summary of this ordinance in the City's official newspaper. The summary shall
consist of this ordinance's title
PASSED BY THE CITY COUNCIL this 3rd day of October , 2016.
�
Jason . Se , Ci Clerk
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ORDINANCE N0. 5816
APPROVED BY THE MAYOR this 3rd day of October , 2016.
Denis Law, Mayor
Approved as to form: ,,;���y�(��' ��'iy'T��%,,, .
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Lawrence J. Warren, City Attorney %,� '� � "�
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Date of Publication: 10/7/2016 (summary) ,� ����'=`�'� �'�,���`
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