2013/10/09 Council Agenda Packet

2 8. The City cannot folly anticipate all potential impacts of marijuana businesses, which have never existed as legal uses; and 9. The City should take a measured approach which honors the spirit of state law and acts as a pilot project allowing marijuana businesses only in areas that have the greatest likelihood to be permissible areas after full consideration of the proper regulation of marijuana businesses and experience with the impacts of such businesses; and 10. The City's action is a limited first step which can be expanded as may be warranted; and 11. A State Environmental Policy Act,RCW 43.21C,Determination of Non Significance(SEPA#13-015)for the potential regulation of marijuana businesses was issued on July 18,2013; and 12. The City held a public hearing on the date of adoption of this Ordinance; and 13. Nothing in this Ordinance is intended to encourage any use or activity that violates federal law; and Whereas,the City Council concludes that: 1. The City does have the authority to establish interim regulations; and 2. The City must adopt interim regulations concerning the location of recreational marijuana businesses to act as a stop-gap measure: (a)to allow the City to discover the number of potential marijuana businesses attempting to locate within the City, (b)to provide the City an opportunity to study the issues concerning the appropriate zoning or regulation of such recreational marijuana businesses and prepare appropriate revisions to the City's regulations; and (c)to avoid marijuana businesses establishing vested rights contrary to and inconsistent with any revision the City may make to its regulatory scheme as a result of the City's study of this matter; NOW,THEREFORE,THE CITY OF EVERETT DOES ORDAIN: Section 1. Findings of Fact The"Whereas"provisions above shall constitute Findings of Fact and are incorporated by reference as if fully set forth herein. Page 2of5 3