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File #: 2020-0226    Version: 1
Type: Ordinance Status: Passed
File created: 6/23/2020 In control: Metropolitan King County Council
On agenda: Final action: 6/23/2020
Enactment date: 6/30/2020 Enactment #: 19122
Title: AN ORDINANCE declaring a six-month moratorium prohibiting the establishment of new or expansion of existing wineries, breweries, distilleries and remote tasting rooms, as primary uses or as home occupations or home industries; prohibiting temporary use permits for wineries, breweries, distilleries and remote tasting room uses under the King County Code; directing the executive to evaluate the necessary steps to comply with the Central Puget Sound Washington State Growth Management Hearings Board's Order regarding Ordinance 19030; and reporting to the council on the evaluation of compliance and status of compliance; and declaring an emergency.
Sponsors: Rod Dembowski, Kathy Lambert, Claudia Balducci
Indexes: Council, Executive, Growth Management, Moratorium, Permits
Attachments: 1. Ordinance 19122, 2. 2020-0226 Affidavit of Publication 7-14-20 Seattle Times
Title
AN ORDINANCE declaring a six-month moratorium prohibiting the establishment of new or expansion of existing wineries, breweries, distilleries and remote tasting rooms, as primary uses or as home occupations or home industries; prohibiting temporary use permits for wineries, breweries, distilleries and remote tasting room uses under the King County Code; directing the executive to evaluate the necessary steps to comply with the Central Puget Sound Washington State Growth Management Hearings Board's Order regarding Ordinance 19030; and reporting to the council on the evaluation of compliance and status of compliance; and declaring an emergency.
Body
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Findings.
A. King County has authority, pursuant to constitutional police powers, home rule authority and the Washington state Growth Management Act, including chapter 36.70A RCW ("the GMA"), to establish a moratorium to preclude the acceptance of certain new development applications and preclude the establishment of otherwise allowed uses while the county studies related land use issues.
B. Ordinance 19030 established updated regulations for winery, brewery, distillery facilities and remote tasting rooms, in unincorporated King County.
C. Ordinance 19030 was challenged on State Environmental Policy Act ("SEPA") and GMA grounds by Futurewise and a neighborhood group to the Central Puget Sound Growth Management Hearings Board ("the board"). The petitioners filed a summary judgment motion with the board, claiming the SEPA process undertaken by the county before adoption of the ordinance had been insufficient. On May 26, 2020, the board issued its Order on Dispositive Motions for Case No. 20-3-0004c ("the order"), which granted the petitioners' summary judgment and invalidated most of the substantive sections of the ordinance. Ordinance 19030, Sections 12 through 31, and map amendments 1 and 2, which were Attachments A and B to Ordinance 19030, wer...

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