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HomeMy WebLinkAboutord2014-051strike WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014-287 CLEARANCES Initial Date Date Received in Council Office Agenda Dale Assigned to: Originator: 9/4/14 9/16/14 NR Committee CIO-Strong Division Head: f 94/14 I -/ 9/16/14 Introduction Mark Personius 1 Dept.Head: tJ Sam Ryan 9-7 -'1 ' SEP 0 9 2014 9/30/14 Hearing Prosecutor: Royce Buckingham -(-(Y WHATCOM COUNTY Purchasing/Budget: A COUNCIL Executive:Jack Louws TITLE OF DO I M mk7/2p., . A Whatcom County Ordinance Adopting Amendments to Whatcom County Code, Title 23—Shoreline Management Program ATTACHMENTS: 1. Staff Memo and Exhibits, including: C. Dept. of Ecology response to Resolution No. A. Draft Ordinance 2009-020, May 6, 2014 B. Resolution No. 2009-020 SEPA review required? ( X) Yes ( ) NO Should Clerk schedule a hearing? ( X) Yes ( ) NO SEPA review completed? ( X) Yes ( ) NO Requested Date:9/30/14 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing,you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Proposed ordinance adopting some Shoreline Management Plan amendments processed in 2009 and approved by Council per Resolution 2009-020. The County notified ECY on October 29, 2009, of the proposed amendments, and ECY responded on May 6, 2014. ECY is requiring three minor amendments to the language and recommend seven others. COMMITTEE ACTION: COUNCIL ACTION: 9/16/2014: Discussed in Natural Resources Committee 9/16/2014: Introduced 7-0, Proposed Public Hearing for 9/30/14 9/30/2014: Council adopted 7-0, Ord. 2014-051 Related County Contract#: Related File Numbers: Ordinance or Resolution Number: Ord. 2014-051 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. 1 PROPOSED BY: PDS 2 SPONSORED BY: BY: PDS 3 INTRODUCTION DATE: 9/16/14 4 5 6 ORDINANCE NO. . 7 8 A WHATCOM COUNTY ORDINANCE ADOPTING 2009 AMENDMENTS TO 9 WHATCOM COUNTY CODE, TITLE 23 — SHORELINE MANAGEMENT PROGRAM 10 11 WHEREAS, the Washington State Legislature passed the Shoreline 12 Management Act (SMA) in 1971 requiring counties and cities to adopt and 13 administer local shoreline management programs to carry out the provisions of the 14 Act; and 15 WHEREAS, the Whatcom County Shoreline Management Program (WCC, 16 Title 23 [SMP]) was originally adopted on May 27, 1976 and approved by the 17 Department of Ecology on August 27, 1976; and 18 WHEREAS, in 1995 the State Legislature directed the Washington State 19 Department of Ecology to update the Shoreline Management Program Guidelines 20 (WAC 173-26), which serve as the standards and guidance that local governments 21 must follow in drafting local shoreline management programs; and 22 WHEREAS, in December 2003, the Department of Ecology adopted new, 23 revised Shoreline Guidelines (WAC 173-26); and 24 WHEREAS, pursuant to RCW 90.58.080, Whatcom County was required to 25 review and update its existing 1998 Shoreline Management Program to ensure 26 conformance with the required elements of the 2003 Shoreline Guidelines; and 27 WHEREAS, Whatcom County passed Ordinance 2007-017 adopting the 28 Shoreline Management Program amendment on February 27, 2007; and 29 WHEREAS, on August 8, 2008 the State Department of Ecology approved 30 the Whatcom County Shoreline Management Program with changes, per WAC 173- 31 26-120; and, 32 WHEREAS, significant public comments were heard following Washington 33 State Department of Ecology approval that resulted in the proposed amendments; 34 and 35 WHEREAS, comments were solicited from federal, state, local, regional and 36 tribal interests in accordance with Chapter 90.58.130 RCW; and 37 WHEREAS, on November 26, 2008, draft amendments to the County 38 Shoreline Management Program were sent to the Department of Ecology for 39 comment in accordance with WAC 173-26-100(5), a meeting was held on Page 1 1 December 19, 2009 to discuss potential amendments, and on Dec. 18 and Jan. 2, 2 2009, Ecology provided the County with comments; and, 3 WHEREAS, on December 3, 2008, draft amendments to the County 4 Shoreline Management Program were sent to the Department of Commerce in 5 accordance with WAC 173-26-100(5) and RCW 36.70A.106; and, 6 WHEREAS, the County Shoreline Citizens Advisory Committee provided 7 input to the draft amendments at a public meeting on January 7, 2009; and, 8 WHEREAS, the Whatcom County Natural Resources Committee held public 9 meetings on December 2, 2008, February 10, 2009, and January 27, 2009 to 10 review the proposed shoreline master program amendments; and, 11 WHEREAS, as a result of these meetings, revisions recommended by the 12 public, commenting agencies and the Department of Ecology were incorporated into 13 the proposed shoreline master program amendments; and, 14 WHEREAS, the Whatcom County Natural Resource Committee recommended 15 approval of the proposed amendments on Tuesday February 10, 2009; and 16 WHEREAS, after having undergone proper environmental review, a SEPA 17 Determination of Nonsignificance (DNS) and Adoption of Existing Environmental 18 Document was issued on February 17, 2009; and 19 WHEREAS, the revised Shoreline Master Program was formally considered 20 by the County Council during a public hearing held on February 24, 2009, as 21 advertised in accordance with WAC 173-26-100; and, 22 WHEREAS, on March 17, 2009, the County Council adopted Resolution 23 2009-020, declaring the Council's approval of and intention to adopt the February 24 10, 2009 amendments; and, 25 WHEREAS, the County Council directed the Planning Department to send the 26 proposed shoreline master program amendments and supporting materials, 27 consistent with WAC 173-26-110 submittal requirements, to Ecology for its review 28 and adoption, which was done on November 28, 2008; and, 29 WHEREAS, on May 6, 2014, Ecology provided comments, requiring three 30 changes and recommending seven others; and, 31 WHEREAS, the Shoreline Master Program amendments were again formally 32 considered by the County Council during a public hearing held on September 30, 33 2014, as advertised in accordance with WAC 173-26-100; and, 34 WHEREAS, the Whatcom County Council finds the attached amendments to 35 be in the best interest of the public health, safety and welfare; 36 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that 37 the Whatcom County Council adopts the February 10, 2009, shoreline master 38 program amendments as modified by Ecology and shown in the following sections, 39 with the understanding that in accordance with RCW 90.58.090, the proposed Page 2 1 shoreline master program amendments will become effective locally fourteen (14) 2 days from State Department of Ecology written notice of final action. 3 4 SECTION 1. Whatcom County Code Section 23.50.070 is hereby amended as 5 follows: 6 7 23.50.07 Nonconforming Development 8 The following provisions shall apply to lawfully established uses, buildings and/or 9 structures that do not meet the specific standards of this Program. 10 A. The lawfully established use of any building, structure, land or premises existing 11 on the effective date of initial adoption of the Program (August 27, 1976), or 12 any subsequent amendment thereto or authorized under a permit or approval 13 issued, or otherwise vested, prior to the effective date of initial adoption of the 14 Program or any subsequent amendment thereafter shall be considered 15 nonconforming and may be continued, subject to the provisions of this section; 16 provided that, agricultural activities shall conform to WCC 16.16.290; provided 17 further that, bulkheads shall conform to SMP 23.100.13. 18 B. An existing use designated as a conditional use that lawfully existed prior to the 19 adoption of this Program or the adoption of an applicable amendment hereto 20 and which has not obtained a conditional use permit shall be considered a legal 21 nonconforming use and may be continued subject to the provisions of this 22 section without obtaining a conditional use permit. 23 C. A structure for which a variance has been issued but which does not comply with 24 applicable requirements of this Program as amended shall be considered a legal 25 nonconforming structure and the requirements of this section shall apply. 26 D. Nonconforming structures may be maintained, repaired, renovated, or 27 remodeled to the extent that nonconformance with the standards and 28 regulations of this Program is not increased, provided that a nonconforming 29 development that is moved any distance must be brought into conformance with 30 this Program and the Act; provided further, that as a conditional use a 31 nonconforming dock may be modified, reoriented or altered within the same 32 general location to be more consistent with the provisions of this SMP. 33 E. Nonconforming structures, other than single family residences and their 34 appurtenances, that are expanded or enlarged must obtain a variance or be 35 brought into conformance with this Program and the Act; provided that, Rer- 36 c-e forming--single-family resi-d-epees-gray-be-e-x-paraded without a variance where 37 the provisions of SMP 23.50.07.(N) or (0)I apply; and provided further, that 38 nonconforming structures with conforming uses within commercial or mixed use 39 may be expanded or enlarged within the existing building 40 footprint as a conditional use pursuant to Ch SMP 23.100.05.B.1(e). Page 3 1 F. Nonconforming structures (including accessory structures) that are damaged or 2 destroyed by fire, explosion, flood, or other casualty may be restored or 3 replaced in kind-if-the - • . - . . . . - - 4 the-provisions of this Pfeg-r-am; provided that, - ; ; : . - -- - : 5 1. Structures containing conforming uses, such as a The-single family residence 6 or accessory structure that are located within a hazardous area shall be 7 redeveloped consistent with the requirements of WCC 16.16 Article 3, .......... .. .... 8 (Geologically Hazardous Areas) and Article 4 (Frequently Flooded Areas); to 9 be rcstorcd or rcp•leccd, is not a hazardous area, andprovided that,J tThe 10 ree©r tFu ien--permit process is commenced within eighteen (18) months of 11 the date of such damage; and the reconstruction does not expand, enlarge, 12 or otherwise increase the nonconformity, except as provided for in subsection 13 .CH) and (I) below. ; -: . , . . . - . . . ; - 14 coastal-h4; - - . . : . . . - . as . : - . . - . . 0 . 15 and-devedeffneet-eed cs. 16 2. 'Structures containing PtFnpnconforming uses can be replaced in kind if there is 17 no feasible alternative that allows for compliance with the provisions of this 18 Program, and the permit process is commenced within 18 months of the date 19 of such damage, and tThe reconstruction does not expand, enlarge, or 20 otherwise increase the nonconformity, except as provided for in subsection 21 (E) above or (H) and (I) below. 22 G. If a non-agricultural nonconforming use is intentionally abandoned for a 23 period of twelve (12) months or more, then any future use of the 24 nonconforming building, land or premises shall be consistent with the 25 provisions of this Program. 26 H. Replacement of any nonconforming structures or buildings or portions thereof 27 within the Aquatic shoreline area shall comply with Program requirements for 28 materials that come in contact with the water pursuant to SMP 23.90.04.B.5; 29 provided that, replacement of existing wood pilings with chemically treated 30 wood is allowed for maintenance purposes where use of a different material 31 such as steel or concrete would result in unreasonable or unsafe structural 32 complications; further provided that, where such replacement exceeds 33 twenty percent (20%) of the existing pilings over a ten (10) year period, 34 such pilings shall conform to the standard provisions of this section. 35 I. Enlargement or expansion of single family residences by the addition of 36 space to the main structure or by the addition of normal appurtenances as 37 defined in Chapter 11, that extend waterward of the existing primary 38 residential foundation walls, further into a critical area (excluding the buffers 39 of the critical areas), further into the minimum required side yard setback, or 40 that increase the structure height above the limits established by this 41 Program shall require a variance; provided that, expansion of nonconforming 42 single family residences other than that specified in this section (1), may be Page 4 1 expanded without a variance where the provisions of SMP 23.50,070) or (K) 2 apply. 3 th G- -- 6- encfea-ch-fuFther-into or as where 4 ew--structures or developments would-tart n-e-w-be-al4owed-un-dcr the 5 ._ - - • _ . . . -- P . onditiofarl use-per, f-el•I of the-f-e-Howing 6 c-uteri* arc met: 7 1. The structure must-be-Eeeated-la•nd .,f the „rdina r-rhar 8 2. The cnlar- era-eflt, expansion or addition-eh-aril-riot extend either further 9 waterward than the existing primary-res-idential 10 aiapt:rt aanc- , - - - - - - --+rri -setbaek, or further into 11 airy-e-rltic-al area established by WCC-1 .16 than-th s ' 12 - - - . . - afel-e tie-exi i esi-denti-al-#emsdation 13 - - • , -r• ,-or the r"?ini nu—m-,equ-ifedl side yard 14 setback-requir 15 3- The arca between the-hen-eon-forming structure and the shoreline and-/er 16 critical-area- tkrneet Te--v-egctation conservation standards of SMP 17 2-3A0:-O6 18 4. The remodel or expansion will-het-mouse-a: - - •- - 19 ecological functi-an --ee 'er-precesses 20 J. The enlargement or expansion of singe family residences by the addition of 21 space to the exterior of the main structure or normal appurtenances is 22 permitted without a conditional use permit or variance once during the life of 23 the structure (100 years). The structure shall be located landward of the 24 ordinary high water mark, and any expansion of the footprint is landward of 25 the existing building footprint (not the side yard), and any vertical expansion 26 is within the existing building footprint; provided that the following conditions 27 are met: 28 1. Enlargements, expansions, or additions that increase the existing primary 29 structure or normal appurtenances by up to 250 square feet of gross floor 30 area as defined by SMP 23.110 shall be allowed provided the expansion 31 or addition will occur on a previously impacted impervious surface and the 32 expansion is not waterward of the common-line setback as defined 33 illustrated in Appendix F. 34 2. Enlargements, expansions, or additions that increase the total footprint of 35 the existing primary structure or normal appurtenances by 250 - 500 36 square feet of gross floor area as defined by SMP 23.110 shall be allowed 37 provided that the addition will occur on a previously impacted impervious 38 surface and the expansion is not waterward of the common-line setback 39 as defned-illustrated) in Appendix F; further provided, that the shoreline is 40 enhanced by th guivalent area of a building footprint that is expanded. Page 5 1 If enhanced through_planting, the Administrator shall require a vegetation 2 management plan consistent with 23,90.06.6(2).. 3 K. The Administrator shall require a conditional use permit if the enlargement or 4 expansion of single family residences by the addition of space to the exterior 5 of the main structure, or normal appurtenances is in excess of those 6 allowances provided in SMP 23.50.07.J. 7 U. A structure that is being or has been used for a nonconforming use may be 8 used for a different nonconforming use only upon the approval of a 9 conditional use permit. In addition to the conditional use criteria of SMP 10 23.60.04, before approving a conditional use for a change in nonconforming 11 use, the Hearing Examiner shall also find that: 12 1. No reasonable alternative conforming use is practical because of the 13 configuration of the structure and/or the property; 14 2. The proposed use will be at least as consistent with the policies and 15 provisions of the Act and this Program and as compatible with the uses in 16 the area as the preexisting use; 17 3. The use or activity is enlarged, intensified, increased or altered only to the 18 minimum amount necessary to achieve the intended functional purpose; 19 4. The structure(s) associated with the nonconforming use shall not be 20 expanded in a manner that increases the extent of the nonconformity 21 including encroachment into areas, such as setbacks, and any critical 22 areas and/or associated buffers established by WCC 16.16, where new 23 structures, development or use would not be allowed; 24 5. The vegetation conservation standards of SMP 23.90.06.B.3 are met; 25 6. The change in use, remodel or expansion will not create adverse impacts 26 to shoreline ecological functions and/or processes; and 27 7. Uses which are specifically prohibited or which would thwart the intent of 28 the Act or this Program shall not be authorized. 29 M. NoncGonforming lots are those that have a building area of morcless than 30 2,500 square feet available for a single family residence and normal 31 appurtenances an-dthat is unrestricted by setbacks or buffers from shorelines 32 s - �. - _ - -. ._Ofthis-P �, 33 N. Where permitted according to shoreline areas designations (SMP Table 34 23.100.01), new single family development on any legal lot in shoreline 35 jurisdiction that is nonconforming with respect to the required shoreline 36 buffer standards may be allowed without a shoreline variance when all of the 37 following criteria are met: Page 6 1 1. The depth of the lo(the distance from the ordinary high water mark to 2 the inside edge of the frontage setback) is equal to or less than the 3 standard buffer as indicated in WCC 16.16; and 4 2. The building area lying landward of the shoreline buffer and interior to 5 req ired sideyard setbacks is twenty five hundred (2,500) square feet or 6 less, provided that consideration shall be given to view impacts and all 7 single family residences approved under this section shall not extend 8 waterward of the common-line setback as measured in accordance with 9 Appendix F. The building area means the entire area that will be disturbed 10 to construct the home, normal appurtenances (except drainfields), and 11 landscaping;_and 12 3. The lot is not subject to landslide hazard areas, alluvial fan hazard areas, 13 or riverine and coastal erosion hazard areas or associated buffers as 14 provided in WCC 16.16.310; and 15 4. The nonconforming lot was created prior to August 8, 2008; and 16 5. Appropriate measures are taken to mitigate all adverse impacts, including 17 but not limited to locating the residence in the least environmentally 18 damaging location relative to the shoreline and any critical areas and 19 provided that all administrative reductions to sideyard and/or frontage 20 setbacks are pursued, when doing so will not create a hazardous condition 21 or a condition that is inconsistent with this Program and Title 20; and. 22 6. There is no opportunity to consolidate lots under common ownership that 23 will alleviate the nonconformity; and 24 7. The area between the structure and the shoreline and/or critical area shall 25 comply with the vegetation conservation standards of SMP 23.90.06.6.3; 26 and 27 8. Development may not take place waterward of the ordinary high water 28 mark; and. 29 9. Facilities such as a conventional drainfield system may be allowed within 30 critical areas or their buffers, except wetlands and buffers, outside of the 31 building area specified above, subject to specific criteria in WCC16.16., 32 -C. New single family development on nonconforming lots consisting of property 33 - - - = - - . 5 - - - -•5 - e,eee . . . - -_ - • - a . a 34 nds-I+dc hazard ar es, alluvial fan hazard areas, or rivcrinc and coastal erosion 35 plaza : . ; . -a a . - : . 'a -a - e - a - - : „ -: 37 - 5 - -- - : - . . .' . - . . . . . - _- . - - 38 l-v-a' . a - : . - a . - { - - - - - - - a : . . a a . Cena, ee-s—a-nd--unrestricted 39 :. . : . - - - - - - - - 40 provisions of this Program-. The building area means the entire area that will be Page 7 1 . : . . . - - - . .. . . . . . : . .. . - - - . , I . 2 landscaping. 3 2. Nonconforming lots that do not meet the requirement of subsection K.1 5 : : . - : . ; _• ;•- : . -. . - : - eee . . . - -- - - .: 6 - - . . - - - - - : - G. . . . - ; 7 8 - - - . - . - - - i I - . i . - - Y1 - -. - - - i . . -- - I • - - 9 accordance with Appendix F. 10 - - -- - - - - -- _ - . . 11 getation conservation standards of SMP 23.90.060.8.3. 12 0. Redevelopment of nonconforming right-of-ways and associated 13 transportation structures, such as railroad trestles, may be permitted for 14 purposes of facilitating the development of public trails and/or public 15 shoreline access; provided that, such redevelopment shall be otherwise 16 consistent with the provisions of this Program, including but not limited to 17 the provisions for public access and no net loss of shoreline ecological 18 functions and processes, except as provided for in subsections (E) and (H) 19 above. Page 8 1 SECTION 3. Whatcom County Code Table 23.100.01 is hereby amended as follows: 2 SMP Table 23.100.01 Shoreline Use by Area Designation Shoreline Area Designation Shoreline Uses Urban Urban Urban Shoreline Rural Resource Conservancy I Natural Aquatic[ Cherry Resort Conservancy Residential I Point Flood Control and Instream Structures I 1 P I P P P P P SP 1 X P Channelization or dams for P P X P C C X 1 X P flood control 3 (All other portions of the table remain as is.) Page 9 1 SECTION 4. Whatcom County Code Section 23.100.06.C.7 is hereby amended as 2 follows: 3 23.100.06.0 Flood Control Works and Instream Structures — Shoreline 4 Area Regulations 5 7. Conservancy: Flood control works and instream structures are permitted as a 6 conditional use subject to policies and regulations; provided that, 7 channelization or dams for flood control are prohibited. 8 9 SECTION 5. Whatcom County Code Section 23.100.17.A.7 is hereby amended as 10 follows: 11 23.100.17.A.7 Site Development 12 ' All development should be constructed and operated in a manner that while 13 , permitting water-dependent uses, also protects shoreline resources, their ecological 14 functions and processes, and that incorporates the following: 15 a. Low impact development approaches to avoid or minimize adverse impact to 16 topography, vegetation, water quality, fish and wildlife habitat, and other 17 natural site conditions; 18 b. Adequate temporary and permanent management measures to control 19 erosion and sediment impacts during construction and operation; and 20 c. Adequate stormwater management facilities. 21 SECTION 6. Whatcom County Code Section 23.100.17.B.4.a(1) is hereby amended 22 as follows: 23 23.100.17.B.4 Location and Design 24 a. Piers 25 (1) Piers shall be designed to accommodate only the necessary and 26 intrinsic activities associated with the movement of material and cargo 27 from land to water and water to land. The length of piers shall not 28 extend beyond that which is necessary to accommodate the draft of 29 the vessels intending to use the facility. Due to the environmental 30 sensitivity of the area, Whatcom County shall limit the number of piers 31 to one (1) pier, in addition to those in operation or approvcd as of 32 January 1, 1998. 33 Page 10 1 SECTION 7. Whatcom County Code Chapter 11 is hereby amended as follows: 2 Chapter 11 Definitions 3 B 4 4. "Bedlands" means those submerged lands below the line of extreme low tide 5 in marine waters and below the G+#WM-line of navigability or navigable of 6 lakes and rivers. Where the line of navigability has not been established, 7 bedlands would be those submerged lands below the OHWM in lakes and 8 rivers. 9 14. "Building Area" means the entire area that will be disturbed to construct the 10 home, normal appurtenances (except on-site sewage systems), and 11 landscaping 12 15.-=4:"Building footprint" means for the purposes of this program, the ground area 13 contained by the exterior walls of a building. 14 164§. "Bulkhead" means a wall-like structure such as a revetment or seawall that is 15 placed parallel to shore primarily for retaining uplands and fills prone to 16 sliding or sheet erosion, and to protect uplands and fills from erosion by 17 wave action. 18 D 19 3. "Development" means a use consisting of the construction or exterior 20 alteration of structures, dredging, drilling, dumping, filling; removal of any 21 sand, gravel or minerals; bulkheading; driving of piling; placing of 22 obstructions; or any project of a permanent or temporary nature that 23 interferes with the normal public use of the surface of the waters overlying 24 lands subject to the Act at any state of water level. This term may include 25 1 activities related to subdivision and short subdivisions; binding site plans; 26 planned unit developments; clearing activity; fill and grade work; building or 27 construction; and activities that are exempt from the substantial 28 development permit process or that require a shoreline variance or 29 conditional use. 30 G 31 7. "Gross Floor Area" means, for the purposes of SMP 23-50-070.J, the sum 32 total of the area included within the surrounding exterior walls of a building. 33 87. "Ground Water" means all water that exists beneath the land surface or 34 beneath the bed of any stream, lake or reservoir, or other body of surface 35 water within the boundaries of the state, whatever may be the geological 36 formation or structure in which such water stands or flows, percolates or 37 otherwise moves (RCW 90.44). 38 98. "Growth Management Act" means RCW 36.70A and 36.70B, as amended. Page 11 1 N 2 167. "Nonconforming Use," "Nonconforming Development" or "Nonconforming 3 Structure" means a shoreline use, development or structure that was lawfully 4 constructed or established prior to the effective date of this Program (August 5 27, 1976) or amendments hereto, but which does not conform to present 6 regulations or standards of the Program. 7 178. "Nonwater-oriented Use" means uses that are not water-dependent, water- 8 related or water-enjoyment. Nonwater-oriented uses have little or no 9 relationship to the shoreline and are not considered priority uses under the 10 Shoreline Management Act except single-family residences. Any use that 11 does not meet the definition of water-dependent, water-related or water- 12 enjoyment is classified as nonwater-oriented. 13 14 SECTION 7. Whatcom County Code Appendix F is hereby amended as follows: 15 Appendix F: Common-Line Setback Standards 16 1. Single-family residential development on nonconforming lots shall meet the 17 setback standards established in Ch 23.90.13, Shoreline Bulk Provisions, 18 except as provided in Ch 23.50.07.x(2)N(1) through (9) Nonconforming 19 Development and subsection 2 below. 20 21 ADOPTED this day of 2014. 22 23 24 WHATCOM COUNTY COUNCIL 25 ATTEST: WHATCOM COUNTY, WASHINGTON 26 27 28 Dana Brown-Davis, Clerk of the Council Carl Weimer, Council Chair 29 30 31 WHATCOM COUNTY EXECUTIVE 32 APPROVED AS TO FORM: WHATCOM COUNTY, WASHINGTON 33 34 35 Civil Deputy Prosecutor Jack Louws, County Executive 36 37 ( ) Approved ( ) Denied 38 39 Date Signed: 40 41 Page 12