Regular City Council Meeting

Agenda - AMENDED City of Ocean Shores Regular City Council Meeting *** AMENDED *** Join by Phone Phone Number: 1.253.215.8782 Meeting ID: 842 4737 7657 Join by Computer Click Here Live Streaming at Ocean Shores City Council Recordings The City Council Meeting will be aired by NBCTV on Thursdays at 12:00 PM and Sundays at 10:00 AM on channel 68. Audio recordings are archived at KOSW 88.9 Radio Tuesday Ocean Shores Convention Center July 28, 2026 120 W Chance A La Mer NW 6:00 PM Ocean Shores, Washington Page Call to Order Roll Call Pledge of Allegiance Approval of Meeting Agenda Ceremonies and Proclamations Announcements 1. Board and Committee Vacancies Twelve vacancies on the Ethics Committee, three vacancies on the Radio Board, two vacancies on the Building Code Board of Appeals, two vacancies on the Civil Service Commission, one vacancy on the Parks Board, and one vacancy on the Planning Commission. Board, Committee, and Commission Application Page 1 of 25 Page Appointments 2. Mayor to reappoint Mike McGregor and Bob Krueger to the Civil Service Commission with Council consensus. Other Reports Public Communication to Council – 3 Minutes 5-7 3. The City Council welcomes public comment and has established procedures to ensure the orderly and timely conduct of City business.  Individuals wishing to speak in person must sign up at least five (5) minutes prior to the meeting at the Ocean Shores Convention Center.  Those wishing to speak remotely must notify the City Clerk's Office by 5:00 p.m. on the day of the meeting via email at publiccomment@osgov.com.  Written public comments must be submitted by 12:00 p.m. (noon) on the day of the meeting via email at publiccomment@osgov.com. Visit Public Comment (osgov.com) for participation instructions and to watch the meeting live. Regular City Council Meeting Public Comment(s) 07.28.2026 - Amended to add Staff Report 4. City Administrator Report  Presented by: City Administrator, Scott Andersen Council Liaison Reports Council Ad Hoc Committees 5. Council Ethics Ad Hoc Committee Report - Amended  Presented by: Councilmember Cline  Committee members are Councilmembers Cline, Scott, and Dooley Mayor's Report Consent Agenda 9 - 15 6. Approval of minutes for the Regular City Council Meeting on July 14, 2026. 7. Approval of Claims. Finance Standing Committee 8. Finance Committee Report - Amended  Presented by: Councilmember Siers  Committee members are Councilmembers Siers, Scott, and Cline Page 2 of 25 Page Public Safety Standing Committee 9. Public Safety Committee Report - Amended  Presented by: Councilmember Taylor  Committee members are Councilmembers Cline, Dooley, and Taylor Public Works Standing Committee 10. Public Works Committee Report - Amended  Presented by: Councilmember Cline  Committee members are Councilmembers Scott, Griebel, and Cline Special Agenda Items 17 - 25 11. Ordinance An Ordinance of the City Council of the City of Ocean Shores, Washington, amending Ocean Shores Municipal Code Chapter 5.10, Marijuana Related Uses, to update terminology from "marijuana" to "cannabis" and to remove the local limitation on the number of cannabis retail licensees in accordance with state law; providing for severability; and establishing an effective date.  First Reading  Presented by: City Administrator, Scott Andersen  Council Discussion  Public Comment  Council Action Discussion Executive Session Future Meeting Topics Agenda Review Committee 12. Thursday, July 30, 2026 at 9:00 AM For the Good of the Order - 3 Minutes Adjourn _________________________________________________________ Public Notice:  Persons requiring auxiliary aids or special arrangements in order to participate in meetings should call 360.940.7498 at least two (2) business days prior to the scheduled meeting.  The public is invited to view the full City Council packet on our website at https://oceanshores.civicweb.net/filepro/documents/183.  This institution is an equal opportunity provider and employer. Page 3 of 25 Page 4 of 25  CITY COUNCIL PUBLIC COMMENT In Person Public Comment(s)  Citizens wishing to engage in Public Communication to Council shall use the signup sheet at the Ocean Shores Convention Center prior to the meeting. Remote Public Comment(s)  Council is providing the opportunity for public comments to be given via remote platform. Individuals shall send an email to the City Clerk's Office via email at publiccomment@osgov.com or by submitting the new public comment form no later than 5:00 PM on July 28, 2026. Written Public Comment(s)  Council is providing the opportunity for public comments by submitting written comments. Individuals shall send an email to the City Clerk's Office via email at publiccomment@osgov.com or by submitting the new public comment form no later than 12:00 PM (noon) on July 28, 2026. Written public comments will be distributed to the City Council on the day of the meeting and placed on the City’s website following the conclusion of the meeting. Order of Public Comment(s)  Individuals attending in person.  Individuals attending remotely.  General public comments, whether in person or remotely, will continue in the usual position on the agenda.  Comments related to specific agenda items will be available during the time the agenda item is scheduled.  If an individual wishes to speak on a specific agenda item, however, that item has been removed by the City Council, the Mayor will ask during public communication to council if an individual would still like to make public comment on the removed item. Comments must comply with:  Please limit your comments to three (3) minutes.  Upon entry, please state your name and address for the meeting record.  We request that comments be courteous and respectful.  This is not a question-and-answer time, and the Council cannot engage in conversation with the public.  Remote comments o Name of individual requesting remote public comment shall be called two (2) times. If there is no response due to connectivity issues the individual will be moved to the end of the list and called one (1) additional time. If the individual still does not respond, the public comment time will be forfeited. 3. The City Council welcomes public comment and has established procedur... Page 5 of 25 Page 6 of 25  Council Meeting Code of Conduct Public Comment Expectations Public comment is an opportunity for citizens to address the Council on matters within its authority. To ensure fairness and efficiency: • Speakers must be recognized by the Mayor and/or their designee before approaching the podium. • Comments must be directed to the Council as a body, not to individual Councilmembers, staff, or audience members. • Disorderly conduct will not be tolerated. • Speakers must comply with established time limits. • The Mayor and/or their designee has the authority to interrupt or terminate comments that are disruptive or violate these standards. Noise and Decorum in Council Chambers Maintaining a professional atmosphere is essential for conducting public business. • Audience members shall remain quiet during the meeting and avoid conversations that interfere with proceedings. • Applause, shouting, booing, demonstrations, or other disruptive behavior are prohibited. • Signs interfering with others’ observation of the meeting are not permitted. • Electronic devices must be silenced. • Individuals who refuse to comply with decorum requirements may be asked to leave the chambers. The Mayor and/or their designee is authorized to take necessary action to restore order, including recessing the meeting or directing the removal of disruptive individuals. Enforcement Anyone who violates this Code of Conduct or applicable law may be: • Warned by the Mayor and/or their designee. • Removed from the meeting. • Subject to law enforcement action when appropriate. Commitment to Civil Engagement The City Council values community input and encourages respectful dialogue. By adhering to these standards, citizens help ensure that meetings remain productive, transparent, and welcoming for all participants. 3. The City Council welcomes public comment and has established procedur... Page 7 of 25 Page 8 of 25  REGULAR CITY COUNCIL MEETING MINUTES July 14, 2026 Call to Order: Mayor Frank Elduen called the Regular City Council Meeting to order at 6:00 p.m., at the Ocean Shores Convention Center. The meetings are simulcast and archived on KOSW radio. Meetings are live streamed and may be accessed on the city website or viewed on cable Channel 68 Thursdays at 12:00 p.m. and Sunday at 10:00 a.m. Elected Officials present: Mayor Elduen, and Councilmembers Siers, Taylor, Cline, Scott, and Wills. Elected Officials present remotely: Councilmembers Griebel and Dooley. City Staff present: City Administrator Scott Andersen, Police Chief Caridad Vesco, Police Sergeant Kenneth Denny, Police Officer Aaron Balagot, Fire Chief Brian Ritter, Finance Director Sara D. Logan, Project Manager Becky Leach, and City Clerk Nicole Birch. Roll Call: City Clerk Birch called roll. Pledge of Councilmember Wills led the Pledge of Allegiance. Allegiance: Meeting Agenda Recording #00:01:30 – Councilmember Siers made a motion to Approval: approve the agenda. Councilmember Cline seconded the motion. The motion passed with 7 yes votes. Ceremonies and None. Proclamations: Announcements: Twelve vacancies on the Ethics Committee, three vacancies on the Radio Board, one vacancy on the Parks Board, two vacancies on the Building Code Board of Appeals, one vacancy on the Planning Commission, and two vacancies on the Civil Service Commission. Appointments: None. Other Reports: Radio Board Chair Patrick Wendlandt and KOSW Station Manager Butch Larson provided an update on the KOSW Radio Station and Radio Board. Public Matt Buchanan commented on 4th of July great success. Communication: _____________________________________________________________________________ 07.14.2026 Regular City Council Meeting Page 1 of 7 6. Approval of minutes for the Regular City Council Meeting on July 14, ... Page 9 of 25  REGULAR CITY COUNCIL MEETING MINUTES July 14, 2026 Taylor Priest commented on a crucial Ocean Shores resource. A.J. Peters commented on cannabis taxes and buffers. Remote Public Comments: Lucas Salazar commented on Coast Communications video rate increase. Staff Report: City Administrator Scott Andersen provided an update on the North Beach Jetty repairs, announced that the Army Corps of Engineers will host a town hall regarding the repairs, provided a 4th of July update, and expressed appreciation to the first responders who assisted during the holiday. Council Liaison Councilmember Wills reported attending the Agenda Review Reports & Council Committee meeting. Committee Reports: Councilmember Scott reported attending the Agenda Review Committee meeting. Councilmember Siers reported attending the Agenda Review Committee meeting and signing warrants. Councilmember Cline had no report. Councilmember Taylor reported attending the Radio Board meeting. Councilmember Griebel had no report. 6:26 p.m. Councilmember Dooley disconnected from the meeting. Mayor’s Report: Mayor Elduen provided an update on the South Fire Station. Consent Agenda: Recording #00:27:46 – Councilmember Scott made a motion to approve the Consent Agenda. Councilmember Siers seconded the motion. The motion passed with 6 yes votes. The Consent Agenda included: 1. Approval of minutes for June 30, 2026, Regular City Council Meeting. 2. Approval of Accounts Payable Warrants #199207 through #199365 in the amount of $566,689.14 dated June and July 2026. _____________________________________________________________________________ 07.14.2026 Regular City Council Meeting Page 2 of 7 6. Approval of minutes for the Regular City Council Meeting on July 14, ... Page 10 of 25  REGULAR CITY COUNCIL MEETING MINUTES July 14, 2026 3. Approval of Payroll Warrants #706920 through #706924 in the amount of $12,514.10 and electronic transactions in the amount of $327,753.63 totaling $340,267.73 dated July 2026. 4. Approval of Payroll Benefits Warrants #804611 in the amount of $160,631.60 dated June 2026. Public Hearing Mayor Elduen recessed the Regular City Council Meeting at 6:28 Proposed p.m. to convene into a Public Hearing before the City Council of Ordinance the City of Ocean Shores, Washington, to receive public Amending OSMC comment for or against the proposed amendment to Ocean 17.34.020 to permit Shores Municipal Code Section 17.34.020 to permit engineered membrane-covered frame structures as an accessory use in the Engineered B-1 Retail Commercial zone. Membrane- Covered Frame Mayor Elduen convened the Public Hearing at 6:37 p.m. Structures in B-1 Retail Commercial There was public testimony. Zones: Mayor Elduen adjourned the Public Hearing at 6:37 p.m. Mayor Elduen reconvened the Regular City Council Meeting at 6:37 p.m. 6:36 p.m. Councilmember Dooley reconnected to the meeting. Public Hearing Mayor Elduen recessed the Regular City Council Meeting at 6:37 Six-Year p.m. to convene into a Public Hearing before the City Council of Transportation the City of Ocean Shores, Washington, to hear public testimony Improvement for or against proposed Amendment to the Six-Year Program 2027- Transportation Improvement Program 2027-2032. 2032: Mayor Elduen convened the Public Hearing at 6:37 p.m. There was no public testimony. Mayor Elduen adjourned the Public Hearing at 6:39 p.m. Mayor Elduen reconvened the Regular City Council Meeting at 6:39 p.m. Old Council None. Business: New Council Business: _____________________________________________________________________________ 07.14.2026 Regular City Council Meeting Page 3 of 7 6. Approval of minutes for the Regular City Council Meeting on July 14, ... Page 11 of 25  REGULAR CITY COUNCIL MEETING MINUTES July 14, 2026 Ordinance 1157 An Ordinance of the City Council of the City of Ocean Shores, Amending OSMC Washington, amending Ocean Shores Municipal Code (OSMC) 17.34.020 to permit section 17.34.020, to permit Engineered Membrane-Covered Engineered Frame Structures as an accessory use in the B-1 Retail Membrane- Commercial Zones; providing for severability, and establishing an effective date. Covered Frame Structures in B-1 There was Public Comment. Retail Commercial Zones: There were Council Questions and Discussion. APPROVED Recording #01:03:21 – Councilmember Siers made a motion to approve an Ordinance of the City Council of the City of Ocean Shores, Washington, amending Ocean Shores Municipal Code (OSMC) section 17.34.020, to permit Engineered Membrane- Covered Frame Structures as an accessory use in the B-1 Retail Commercial Zones; providing for severability, and establishing an effective date. Councilmember Taylor seconded the motion. The motion passed with 5 yes votes and 2 no votes by Councilmembers Griebel and Wills. Resolution 860 A Resolution of the City Council of the City of Ocean Shores, Replacing Washington, replacing Resolution 833, and setting forth Resolution 833 and Financial Best Practices and Policies for the City. setting forth Financial Best There was Public Comment. Practices and There were Council Questions and Discussion. Policies: Recording #01:22:07 – Councilmember Siers made a motion to APPROVED approve a Resolution of the City Council of the City of Ocean Shores, Washington, replacing Resolution 833, and setting forth Financial Best Practices and Policies for the City. Councilmember Cline seconded the motion. The motion passed with 7 yes votes. Resolution 861 A Resolution of the City Council of the City of Ocean Shores, Six-Year Washington, presenting the revised and extended Six-Year Transportation Transportation Improvement Program (STIP) for the calendar Improvement years 2027-2032. Program 2027- There was no Public Comment. 2032: There were no Council Questions and Discussion. APPROVED _____________________________________________________________________________ 07.14.2026 Regular City Council Meeting Page 4 of 7 6. Approval of minutes for the Regular City Council Meeting on July 14, ... Page 12 of 25  REGULAR CITY COUNCIL MEETING MINUTES July 14, 2026 Recording #01:23:54 – Councilmember Scott made a motion to approve a Resolution of the City Council of the City of Ocean Shores, Washington, presenting the revised and extended Six- Year Transportation Improvement Program (STIP) for the calendar years 2027-2032. Councilmember Taylor seconded the motion. The motion passed with 7 yes votes. Request A Request of the City Council of the City of Ocean Shores, Congressional Washington, to authorize the City to apply for a Congressional District Spending District Spending Grant and to authorize the required grant Grant and Grant match. Match: There was no Public Comment. APPROVED There were Council Questions and Discussion. Recording #01:34:30 – Councilmember Wills made a motion to approve A Request of the City Council of the City of Ocean Shores, Washington, to authorize the City to apply for a Congressional District Spending Grant and to authorize the required grant match. Councilmember Cline seconded the motion. The motion passed with 7 yes votes. Request A Request of the City Council of the City of Ocean Shores, VES BRIC Grant Washington, to authorize the City to apply for the Vertical and Grant Match: Evacuation Structure (VES) BRIC Grant, and to authorize the required grant match for the VES BRIC Grant. APPROVED There was Public Comment. There were Council Questions and Discussion. Recording #02:31:10 – Councilmember Cline made a motion to approve a Request of the City Council of the City of Ocean Shores, Washington, to authorize the City to apply for the Vertical Evacuation Structure (VES) BRIC Grant, and to authorize the required grant match for the VES BRIC Grant. Councilmember Siers seconded the motion. The motion passed with 7 yes votes. Request A Request of the City Council of the City of Ocean Shores, VES Feasibility and Washington, to authorize the City to apply for the Vertical Scoping Grant and Evacuation Structure (VES) Feasibility and Scoping Grant and Grant Match: authorize the required grant match for the VES Feasibility and Scoping Grant. APPROVED _____________________________________________________________________________ 07.14.2026 Regular City Council Meeting Page 5 of 7 6. Approval of minutes for the Regular City Council Meeting on July 14, ... Page 13 of 25  REGULAR CITY COUNCIL MEETING MINUTES July 14, 2026 There was no Public Comment. There were Council Questions and Discussion. Recording #02:33:45 – Councilmember Wills made a motion to approve a Request of the City Council of the City of Ocean Shores, Washington, to authorize the City to apply for the Vertical Evacuation Structure (VES) Feasibility and Scoping Grant and authorize the required grant match for the VES Feasibility and Scoping Grant. Councilmember Cline seconded the motion. The motion passed with 7 yes votes. 8:35 p.m. Councilmember Dooley disconnected from the meeting. Request A Request of the City Council of the City of Ocean Shores, Purchase of Fire Washington, to approve the purchase of fire equipment from Equipment from MES Service Company. MES Service Company: There was no Public Comment. There were no Council Questions and Discussion. APPROVED Recording #02:36:48 – Councilmember Cline made a motion to approve a Request of the City Council of the City of Ocean Shores, Washington, to approve the purchase of fire equipment from MES Service Company. Councilmember Wills seconded the motion. The motion passed with 6 yes votes. Discussion None. Executive Session None. Agenda Review: Mayor Pro Tem Siers assigned Councilmembers Siers, Scott, and Cline to Agenda Review on Thursday, July 16, 2026, at 9:00 a.m. For the Good of the Councilmembers shared items they felt were for the good of the Order: order. Adjourn: Mayor Elduen adjourned the Regular City Council meeting at 8:40 p.m. _____________________________________________________________________________ 07.14.2026 Regular City Council Meeting Page 6 of 7 6. Approval of minutes for the Regular City Council Meeting on July 14, ... Page 14 of 25  REGULAR CITY COUNCIL MEETING MINUTES July 14, 2026 Signed: ________________________________ Frank T. Elduen, Mayor Attest: ________________________________ Nicole Birch, City Clerk _____________________________________________________________________________ 07.14.2026 Regular City Council Meeting Page 7 of 7 6. Approval of minutes for the Regular City Council Meeting on July 14, ... Page 15 of 25 Page 16 of 25  City of Ocean Shores, Washington AGENDA BILL ------------------------------------------------------------------------------------------------------------------------------------------ COUNCIL MEETING DATE: July 28, 2026 SUBJECT: An ordinance of the City Council of the City of Ocean Shores, Washington, amending Ocean Shores Municipal Code Chapter 5.10, Marijuana-Related Uses, to update terminology from “marijuana” to “cannabis” and to remove the local limitation on the number of cannabis retail licensees in accordance with state law; providing for severability; and establishing an effective date. CATEGORY: _____OLD BUSINESS __X___NEW BUSINESS FINANCE X ORDINANCE STAFF REPORT PUBLIC SAFETY RESOLUTION PROCLAMATION PUBLIC WORKS REQUEST STUDY SESSION SPECIAL AGENDA ITEM _____CONSULTANT REPORT OTHER ATTACHMENTS: Exhibit A – Chapter 5.10 Marijuana–Related Uses Amendment (Redline/Strikethrough) Exhibit B – Chapter 5.10 Cannabis–Related Uses Amendment (Clean) SUMMARY/BACKGROUND: This ordinance amends Ocean Shores Municipal Code 5.10 by updating terminology from “marijuana" to “cannabis” throughout the chapter to align with current Washington State law and industry terminology. The ordinance also removes the City’s local numerical limitation on cannabis retailers and instead relies on the Washington State Liquor and Cannabis Board allocation and licensing process. No changes are proposed to the City’s zoning, operational standards, or local land-use regulations. EXPENDITURE AMOUNT: $0 AMOUNT BUDGETED: $0 BUDGET MODIFICATION REQUIRED: No STAFF RECOMMENDATION: MAYOR'S RECOMMENDATION: Yes PRESENTED BY: City Administrator, Scott Andersen (BELOW TO BE COMPLETED BY CITY CLERK’S OFFICE ) COUNCIL ACTION: APPROVED CONTINUED DENIED COUNCIL REQUEST FOR INFORMATION: 11-14-07 updated 11. Ordinance An Ordinance of the City Council of the City of Ocean Shor... Page 17 of 25 Page 18 of 25  Exhibit A Chapter 5.10 MARIJUANACANNABIS-RELATED USES Sections: 5.10.010 Definitions. 5.10.020 MarijuanaCannabis-related uses—Generally. 5.10.030 MarijuanaCannabis producers, processors and cooperatives. 5.10.040 MarijuanaCannabis retailers. 5.10.050 Sensitive use buffers. 5.10.060 Violations—Penalty. 5.10.010 Definitions. All terms shall have meanings established pursuant to RCW 69.50.101. (Ord. 1013 § 3 (part), 2018) 5.10.020 MarijuanaCannabis-related uses—Generally. A. The production, processing, and retailing of marijuanacannabis is and remains illegal under federal law. Nothing in this chapter is an authorization to circumvent federal law or provide permission to any person or entity to violate federal law. B. This chapter incorporates the requirements and procedures set forth in Chapter 69.50 RCW and Chapter 314-55 WAC. Except as otherwise specifically provided herein, in the event of any conflict between the provisions of this chapter and the provisions of Chapter 69.50 RCW or Chapter 314-55 WAC, the more restrictive provision shall control. C. The regulations under Chapter 69.50 RCW and Chapter 314-55 WAC, now or as may hereafter be amended, shall apply to any marijuanacannabis retail outlet in addition to the provisions of this chapter. D. Only a marijuanacannabis retailer licensed by the Washington State Liquor and Cannabis Board may locate in the city and then only pursuant to the license issued by the Washington State Liquor and Cannabis Board and the Ocean Shores Municipal Code (OSMC). E. A marijuanacannabis retailer is required to acquire all additional necessary business licenses and permits, and comply with all other applicable OSMC. F. The city may, prior to issuance of any license or permit, perform an inspection of the proposed premises to determine compliance with any applicable requirements of this chapter and all other applicable city ordinances and regulations. (Ord. 1013 § 3 (part), 2018) 11. Ordinance An Ordinance of the City Council of the City of Ocean Shor... Page 19 of 25  Exhibit A 5.10.030 MarijuanaCannabis producers, processors and cooperatives. MarijuanaCannabis producers, marijuanacannabis processors and marijuanacannabis cooperatives, even if licensed by the Washington State Liquor and Cannabis Board, shall not be permitted to operate within the city limits. Nor shall marijuanacannabis producers, marijuanacannabis processors, or marijuanacannabis cooperatives operate as an accessory to a primary use or as a home occupation. (Ord. 1013 § 3 (part), 2018) 5.10.040 MarijuanaCannabis retailers. The city shall have no more than one marijuana retailer within the city limits. The A marijuanacannabis retailer must shall be licensed by the Washington State Liquor and Cannabis Board, and is permitted toshall operate only in accordance with applicable state law, and only in the B-1 zoninges district as provided in Chapter 17.34 OSMC, subject to the requirements and other general provisions as set forth inof this title and Chapter 17.34 OSMC. A. The marijuanacannabis retailer shall not operate as an accessory to a primary use or as a home occupation. B. No person, or business, or entity may operate a marijuanacannabis delivery service in the Ccity of Ocean Shores or make deliveries in the Ccity of Ocean Shores. C. Any marijuanacannabis odor shall be contained within the marijuanacannabis retail outlet so that the odor of marijuanacannabis cannot be detected from any abutting use or property by a person with a normal sense of smell. If any marijuanacannabis odor can be smelled from any abutting use or property, the marijuanacannabis retailer shall be required to implement measures necessary to contain the odor, including, but not limited to, installation of ventilation equipment. If any marijuanacannabis odor can still be smelled from any abutting use or property, the marijuanacannabis retailer may be fined a daily fine and required by the Ccity to move to another location. D. MarijuanaCannabis or paraphernalia shall not be on display in any location visible from the public right-of-way, publicly traveled private roads, a public place, or neighboring’s property. (Ord. 1013 § 3 (part), 2018) 5.10.050 Sensitive use buffers. A. The marijuanacannabis retailer or marijuanacannabis retail outlet shall not locate or relocate within one thousand feet of certain land uses as defined in RCW 69.50.331(8)(a) and (b). 11. Ordinance An Ordinance of the City Council of the City of Ocean Shor... Page 20 of 25  Exhibit A B. The city recognizes and claims its future right to further reduce the distance from some land uses as are now provided under RCW 69.50.331(8)(b) or as hereafter may be amended. C. Uses as defined in RCW 69.50.331(8)(a) and (b) may not locate or relocate within one thousand feet of marijuanacannabis retailer or marijuanacannabis retail outlet. D. The buffer restrictions in subsections (A) through (C) of this section shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located to the nearest point of the parcel upon which the restricted land use as defined in RCW 69.50.331(8)(a) and (b) is located. (Ord. 1013 § 3 (part), 2018) 5.10.060 Violations—Penalty. A. Any violation of this chapter is declared to be a public nuisance per se and, in addition to any other remedy provided by law or equity, may be abated by the city under applicable provisions of this code or state law. B. No person or entity may violate or fail to comply with any provision of this chapter. Each person or entity commits a separate offense for each and every day they commit, continue, or permit a violation of any provision of this chapter. C. No use that constitutes or purports to be a marijuanacannabis retailer as defined in this title, not licensed by the city, that was engaged in that activity prior to the enactment of the ordinance codified in this chapter shall be deemed to have been a legally established use under the provisions of the Ocean Shores Municipal Code and that use shall not be entitled to claim legal nonconforming use status. (Ord. 1013 § 3 (part), 2018) 11. Ordinance An Ordinance of the City Council of the City of Ocean Shor... Page 21 of 25 Page 22 of 25  Exhibit B CITY OF OCEAN SHORES WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OCEAN SHORES, WASHINGTON, AMENDING OCEAN SHORES MUNICIPAL CODE CHAPTER 5.10, MARIJUANA-RELATED USES, TO UPDATE TERMINOLOGY FROM “MARIJUANA” TO “CANNABIS” AND TO REMOVE THE LOCAL LIMITATION ON THE NUMBER OF CANNABIS RETAIL LICENSEES IN ACCORDANCE WITH STATE LAW; PROVIDING SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Ocean Shores, Washington, is authorized under the laws of the State of Washington to regulate land use and business activities within its jurisdiction in order to protect the public health, safety, and welfare; and WHEREAS, cannabis remains illegal under federal law, creating a dual regulatory framework that requires clear and consistent local regulations; and WHEREAS, Chapter 69.50 RCW and Chapter 314-55 WAC establish a comprehensive regulatory framework governing cannabis-related activities within the State of Washington; and WHEREAS, pursuant to RCW 69.50.345, the Washington State Liquor and Cannabis Board determines the maximum number of cannabis retail outlets that may be licensed in each county; and WHEREAS, the City Council finds that the allocation of cannabis retail licenses is appropriately administered through the Washington State Liquor and Cannabis Board and that local regulation should focus on land use compatibility, zoning, and operational standards rather than establishing a separate local numerical limitation on retail licenses; and WHEREAS, the City Council further finds that updating terminology from “marijuana” to “cannabis” modernizes the Ocean Shores Municipal Code and aligns the Code with current terminology used in state law and industry practice without creating any substantive change in regulation, licensing, zoning, enforcement, or legal interpretation. Page 1 of 3 Ordinance No. 11. Ordinance An Ordinance of the City Council of the City of Ocean Shor... Page 23 of 25  Exhibit B NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF OCEAN SHORES, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter Title Amended. Ocean Shores Municipal Code (OSMC) Chapter 5.10, “Marijuana-Related Uses,” is hereby amended and retitled: Chapter 5.10, “Cannabis-Related Uses.” Section 2. Interpretation. References in the OSMC to “marijuana” and “cannabis” shall be construed interchangeably and as having the same meaning unless otherwise required by state or federal law. This terminology update is intended solely to modernize and clarify language and shall not be construed to create any substantive change in regulation, licensing, zoning, enforcement, or legal interpretation. Section 3. OSMC 5.10.040 Cannabis Retailers Amended. OSMC 5.10.040 is amended to read as follows: 5.10.040 Cannabis retailers. A cannabis retailer shall be licensed by the Washington State Liquor and Cannabis Board, shall operate only in accordance with applicable state law, and may operate only in the B-1 zoning district as provided in Chapter 17.34 OSMC, subject to the requirements and other general provisions of this title and Chapter 17.34 OSMC. A. The cannabis retailer shall not operate as an accessory to a primary use or as a home occupation. B. No person, business, or entity may operate a cannabis delivery service in the City of Ocean Shores or make deliveries in the City of Ocean Shores. C. Any cannabis odor shall be contained within the cannabis retail outlet so that the odor of cannabis cannot be detected from any abutting use or property by a person with a normal sense of smell. If any cannabis odor can be smelled from any abutting use or property, the cannabis retailer shall be required to implement measures necessary to contain the odor, including, but not limited to, installation of ventilation equipment. If any cannabis odor can still be smelled from any abutting use or property, the cannabis retailer may be fined a daily fine and required by the City to move to another location. D. Cannabis or paraphernalia shall not be on display in any location visible from the public right-of-way, publicly traveled private roads, a public place, or neighboring property. Page 2 of 3 Ordinance No. 11. Ordinance An Ordinance of the City Council of the City of Ocean Shor... Page 24 of 25  Exhibit B Section 4. Corrections. The City Clerk and codifiers are authorized to make necessary corrections to this ordinance, including, but not limited to, the correction of scrivener’s or clerical errors, references, ordinance numbering, section and subsection numbering, formatting, and any references thereto, so long as such corrections do not affect the intent or purpose of this ordinance; provided, however, that such corrections shall be limited to non-substantive, matters and shall not alter, amend, expand, or diminish the intent, meaning, or purpose of this ordinance as adopted by the City Council. Any correction determined by the City Clerk to potentially affect substantive meaning or application of this ordinance shall be referred to the City Council for formal amendment. All such corrections shall be documented and maintained as part of the official record of the ordinance. Section 5. Severability. If any section, subsection, clause, phrase, or provision of this ordinance or Chapter 5.10 OSMC, as amended hereby, is held invalid or unconstitutional, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect. Section 6. Effective Date. This ordinance shall take effect and be in full force five (5) days after publication as required by law. THIS ORDINANCE PASSED AND ADOPTED by the City Council of the City of Ocean Shores, Washington, at a regular open public meeting on this ____ day of __________, 2026. SIGNED: ATTEST: ___________________________________ ___________________________________ Frank T. Elduen, Mayor Nicole Birch, City Clerk Page 3 of 3 Ordinance No. 11. Ordinance An Ordinance of the City Council of the City of Ocean Shor... Page 25 of 25