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of their health and safety impacts, location, set-backs from sensitive uses,and other land use <br /> impacts; and <br /> 7. An unrestricted proliferation of collective gardens within the City presents <br /> potential health and safety concerns and prevents effective regulation following adequate study; <br /> and <br /> 8. The City adopted interim zoning regulations pursuant to State law,but is unable <br /> to properly address concerns surrounding collective gardens due to insufficient study. In <br /> particular,the Everett Police Department's experience with numerous grow operations,has <br /> demonstrated particular concerns relating to the storage and handling of chemicals used in <br /> growing and handling of cannabis, exhaust and air quality, storage of cannabis,regulation of <br /> electrical wiring, and public safety and crime prevention; and <br /> 9. An emergency ordinance is necessary for immediate preservation of the public <br /> peace,health, safety, and welfare and to prevent the vesting of rights incompatible with the later <br /> adoption of a regulatory scheme addressing collective gardens; and <br /> 10. RCW 35.63.200 and RCW 36.70A.390 authorize the City to adopt a moratorium; <br /> and <br /> 11. The adoption of this Ordinance is exempt from the threshold determination and <br /> environmental impact statement requirements of the State Environmental Policy Act, RCW <br /> 43.21C,pursuant to WAC 197-11-880 and EMC 20.04.030; and <br /> 12. The City held a public hearing on the date of adoption of this Ordinance; and <br /> 13. Nothing in this Ordinance is intended to authorize any use or activity that violates <br /> federal law,which classifies marijuana as a Schedule I controlled substance; and <br /> Whereas,the City Council concludes that: <br /> 1. The City does have the authority to establish a moratorium; and <br /> 2. The City must adopt a moratorium concerning the acceptance and processing of <br /> applications for collective gardens to act as a stop-gap measure: (a)to provide the City an <br /> opportunity to study the issues concerning the siting and regulation of such collective garden <br /> uses and prepare appropriate revisions to the City's regulations; and (b)to avoid applicants <br /> possibly establishing vested rights contrary to and inconsistent with any revision the City may <br /> make to its regulatory scheme as a result of the City's study of this matter; and <br /> Page 2 of 5 <br />