The URL can be used to link to this page

Home My WebLink Aboutord2005-074WIMTCOM COUNTY COUNCIL AGENDA BILL NO. 2005 -125B CLEARANCES Initial Date Date Recelved_'n ou i6® Agenda Date Assigned to: ' d Pedsraon 9ALV5 r �L c,�� rrn ,.. c £ lj L J v Introduction Dirisiaw heat 10/11/05 Public Hear Dent Heal Hal H Hart , laous Paer Nd -► �- OFDOCUMENT: Ordinance amending WCC Title 20, Section 20.80.735 to impose a seasonal clearing activity restriction within the Lake Whatcom and bake Samish Water Resource Special Management Areas between September 1 and April 30 ATTACHMENTS: (1) Pmposed Ordinance (2) Stsff Report and Exhibits (3) Planning Commission Public Hearing Minutes SETA slew required? ( X ) Yes ( ) NO Should Clerk schedule a hearing? ( X ) Yes ( ) NO SEPA review completed? ( X ) Yes ( ) NO Requested Date: October]], 2005 'The Council must hold a bearing if they want to change the Planning Commission'sreeommendadon CC 20.90.051. SUAS"RY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public heaft,yMawstprovide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be dew In cWhdning the intent of the action.) An ordinanoe adopting permanent amendments to the official Whatcom County Code, Title 20, Section 20.80.735(2xe) - Seasonal Clearing Activity Limitations to impose a seasonal restriction on clearing activities that will result in exposed soils exceeding 500 square feet within the Lake Whatcom and Lake Samish Water Resource Special Management Areas between September I and April 30 and replacing the interim zoning text amendments adopted under Ordinance No. 2005- 061. COMMIT UE ACTION: COUNCIL ACTION: 9/27/05: Introduced 10/11 /2005: Adopted 5 -2, Nelson, Crawford opposed, Ord. #2005 -074 Related County Contract #: Related File Numbers: Ordinance or Resolution File #ZON2005 -00007 Number: Ord. #2005 -074 Pkese Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing ou die Cotat 's website at: www.co.whatconLwauslcouncil, lg SPONSORED BY: rnnsmt PROPOSED BY: planning INTRODUCTION DATE: 9 1971 005 ORDINANCE NO. ?0n5_n�a AN ORDINANCE AMENDING WCC, TITLE 20, SECTION 20.80.735(2)(9) TO IMPLEMENT A SEASONAL RESTRICTION ON CLEARING ACTIVITIES THAT WILL RESULT IN EXPOSED SOILS EXCEEDING 500 SQUARE FEET WITHIN THE LAKE WHATCOM AND LAKE SAMISH WATER RESOURCE SPECIAL MANAGEMENT AREAS BETWEEN SEPTEMBER 1 AND APRIL 30 WHEREAS, the Whatcom County Council adopted Ordinance 2005 -027 on February 8, 2005 imposing an interim moratorium on the acceptance of new applications for subdivisions and new building permits within the Lake Whatcom watershed; and WHEREAS, Ordinance 2005 -027 further stated the Council's desire to evaluate necessary actions to meet the TMDL goal of reversing the declining oxygen trends in Lake Whatcom, including but not limited to development codes, regulations and standards; and WHEREAS, the Whatcom County Council reviewed and discussed multiple moratorium response options at Council Water Resources Work Sessions and Council Moratorium Response Committee work sessions on February 15, February 22, March 1, and March 15, 2005; and WHEREAS, the Whatcom County Council adopted Interim Ordinance 2005 -032 on March 15, 2005 imposing a seasonal restriction on land clearing activities within the Lake Whatcom watershed water resource special management area between September 1 and April 30; and WHEREAS, the Whatcom County Council adopted Ordinance 2005 -042 on April 6, 2005 extending the interim moratorium on the acceptance of new applications for subdivisions within the Lake Whatcom watershed; and WHEREAS, the Whatcom County Council held additional work sessions to review and discuss moratorium response options on March 29, April 5, April 19, April 26, May 3, and May 10, 2005; and WHEREAS, the Whatcom County Council adopted Interim Ordinance 2005 -061 on July 26, 2005 extending the interim seasonal restriction on land clearing activities within the Lake Whatcom watershed water resource special management area between September 1 and April 30; and WHEREAS, Interim Ordinance 2005 -061 will expire in February 2006; and WHEREAS, the Whatcom County SEPA Official issued a Determination of Non-significance (DNS) on August 1, 2005; and WHEREAS, pursuant to RCW 36.70.590, legal notice was published in the Bellingham Herald on August 1, 2005; and Page 1 WHEREAS, the Whatcom County Planning Commission held a public hearing on the proposed amendments on August 11, 2005, and considered all testimony; and WHEREAS, the Whatcom County Planning Commission forwarded the proposed text amendments to the County Council without a recommendation due to lack of a majority vote of the Commission; and WHEREAS, the Whatcom County Council finds the amendments to be within the interest of the public health, safety and welfare; and WHEREAS, the Whatcom County Council has adopted the following Findings of Fact and Conclusions: 1. Legal notice for a public hearing was published in the Bellingham Herald on August 1, 2005. 2. A Determination of Non - Significance (DNS) was issued under the State Environmental Policy Act (SEPA) on the proposed zoning text amendments on August 1, 2005. 3. A public hearing was held by the Whatcom County Planning Commission on August 11, 2005 and all testimony was considered. 4. Lake Whatcom is the drinking water source for approximately half the residents of Whatcom County. 5. Lake Samish is the source of potable water for approximately 90 percent of the residents in the Lake Samish watershed. 6. Field research indicates that sediment removal rates of many erosion and sediment control (ESC) practices may vary between 50 and 85% removal of total suspended solids (TSS). However, effectiveness of ESC measures can vary depending on the specific ESC measure employed, proper installation, and maintenance. The concentration of sediment leaving a site, even with good controls, will be significantly higher than undeveloped conditions. 7. The 2005 CTED Technical Guidance Document for Clearing and Grading in Westem Washington notes that "many of the impacts of construction stormwater runoff can be minimized or avoided by planning appropriate seasonal construction activity." 8. The April 2001 URS Corporation evaluation report on Whatcom County policies, regulations, and programs in relation to Endangered Species Act (ESA) compliance includes specific recommendations to revise County standards to address seasonal work limitations, as well as "provide for banning grading during certain time periods in highly erodible or otherwise sensitive areas." 9. The 2005 Whatcom County Comprehensive Plan designates the Lake Whatcom watershed as a Special Study Area. 10. Whatcom County Comprehensive Plan Goal 11 G is to: Protect water resources and natural drainage systems by controlling the quality and quantity of stormwater runoff. Page 2 11. Comprehensive Plan Policy 11 F -5 states: Pursue the adoption and implementation of ground and /or surface water management plans and integrate the plans into local comprehensive plans. Designate the Lake Whatcom and Lake Samish Watersheds as a high priority in this effort. 12. County -Wide Planning Policy N.2. states that "the Cities and the County in cooperation with other municipal corporations and tribal governments, shall adopt zoning regulations and development standards to protect water resources." 13. Growth Management Act Planning Goal (10) Environment is to: Protect the environment and enhance the state's high quality of life, including air and water quality and the availability of water. 14. Whatcom County Code Section 20.80.735 designates the Lake Whatcom and Lake Samish watersheds as Water Resource Special Management Areas. 15. The City of Bellingham, Whatcom County Water District No. 10 and Whatcom County have recognized that water quality issues cross jurisdictional boundaries and have adopted a joint resolution to establish goals for the Lake Whatcom watershed and an interlocal agreement to establish a work program to address water quality issues. 16. In 2001, the City of Bellingham adopted a seasonal restriction on clearing and earthwork that will result in exposed soils greater than 500 square feet within the Silver Beach Neighborhood between October 1 and April 30 [Ord. 2001 -01 -001]. 17. The Washington State Department of Ecology (DOE) has listed portions of Lake Whatcom as an "impaired water body" on the 303(d) list under the Clean WaterAct, of waterbodies not attaining water quality criterion for dissolved oxygen. 18. It has been recommended by DOE that Lake Whatcom also be placed on the 303(d) list for impairments resulting from the toxic pollutants PCB -1254, PCB -1260 and mercury and that Austin Creek, Park Place Drain, and Cable Street drainage for 303(d) listing as impaired for not attaining water quality criteria for bacteria. 19. In February 2005, the Whatcom County Council adopted Interim Ordinance 2005 -027 imposing a moratorium on the acceptance of new building and subdivision applications within the Lake Whatcom watershed to facilitate further review and evaluation of potential management measures "to meet the TMDL goal of reversing the declining oxygen trends in Lake Whatcom". 20. Ordinance 2005 -027 expresses the Councils desire to evaluate necessary actions to meet the loading goals established in the TMDL process through such measures as development codes and regulations. 21. In March 2005, County Council adopted Ordinance 2005 -032 imposing interim text amendments to WCC 20.80.735(2)(e) implementing a seasonal restriction on land clearing activities within the Lake Whatcom watershed between September 1 and April 30. 22. In April 2005, County Council adopted Interim Ordinance 2005 -042 extending the moratorium on acceptance of applications for new subdivisions within the Lake Whatcom watershed. Page 3 23. County Council extended the interim restriction on seasonal land clearing activities by Ordinance 2005 -061 in July 2005. The interim ordinance will expire in February 2006. 24. Erosion, sedimentation, phosphorus and other pollutants associated with increased land clearing and development are of concern for a number of reasons including their impacts on water quality and beneficial uses such as fish, shellfish and drinking water. 25. Existing and potential sources of contamination associated with development within the Lake Whatcom and Lake Samish watersheds could significantly impact the availability of safe, adequate supplies of drinking water. 26. Additional standards for land clearing activities are necessary to reduce potential water quality impacts from new development in sensitive drinking water watersheds. 27. Amendment of WCC, Title 20, Section 20.80.735(2)(e) is necessary to avoid future degradation of the Lake Whatcom and Lake Samish watersheds and any associated harm to the health and welfare of the public. 28. The proposed text amendments are consistent with the Growth Management Act planning goals, as well as the goals and policies of the Whatcom County Comprehensive Plan and the County -Wide Planning Policies. 29. The proposed text amendments to WCC 20.80.735(2)(e), attached hereto as Exhibit 1, are intended to implement a permanent seasonal clearing restriction within the Lake Whatcom and Lake Samish Water Resource Special Management Areas from September 1 to April 30 and replace the interim zoning text amendments adopted under Ordinance 2005 -061. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1: Whatcom County Code, Title 20, Section 20.80.735(2)(e) be amended as shown in Exhibit 1. Section 2: The Lake Whatcom and Lake Samish watersheds are defined as shown in Appendix B and C to the PDS staff report respectively. Section 3: Adjudication of invalidity of any of the sections, clauses, or provisions of this Ordinance shall not affect or impair the validity of the Ordinance as a whole or any part thereof other than the part so declared to be invalid. Page 4 ADOPTED this. 11_ day of rV-Fo it , 2005. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana Brown- Davis, Laurie Caskey- Schreiber, Council Chair Clark of the Council Approved ( enied LA!! 6z Pete Kremen, County E-Rerative Date: I6 - /d' -O5� Page 5 Council Adopted - October 11, 2005 EXHIBIT 1 WCC Title 20, Chapter 20.80 — Supplementary Requirements Water Resource Special Management Areas 20.80.735(2) Water resource special management areas. (e) Seasonal Clearing Activity Limitations. In the Lake Whatcom and Lake Samish watersheds, clearing activity, as defined in WCC 20.97.054, that will result in exposed soils exceeding 500 square feet shall not be permitted from September 1$ through April 30"'. provided that: (i) In addition to the clearing activities exempted under WCC 20.80.733, the zoning administrator may approve an exemption to this requirement for the following activities: (A) Routine maintenance and repair of erosion and sediment control measures: (B) Activities located at or waterward of the ordinary high water mark subject to State. Federal, and /or local (per WCC Title 23 and /or Chapter 16.16 WCC) conditions of approval requiring commencement of clearing activity during the wet season, as defined above, for purposes of minimizing surface water disturbance and site inundation by high water or wave action: (C) Activities necessary to address an emergency that presents an unanticipated and imminent threat to public health, safety or the environment that requires immediate action within a time too short to allow full compliance with this section. Upon abatement of the emergency situation, the clearing activitv shall be reviewed for consistency with this chapter and may be subiect to additional permit requirements: provided that, the mAcant shall make a reasonable attempt to contact the zoning administrator prior to the activity. When prior notice is not feasible, notification of the action shall be submitted to the zonlna administrator as soon as the emergency is addressed and no later than two (2) business days following such action. Emergency construction does not include development of new permanent protective structures where none previously existed. (ii) Soil disturbance associated with an exempt clearing activity shall be minimized to the maximum extent practicable. The zoninq administrator shall have the authority to condition an exempt activity to ensure that temporary erosion and sediment control measures will be implemented. (iii) An exemption from the seasonal land clearing requirements of this section does not grant authorization for any work to be done in a manner that does not comply with other provisions of this chapter or other applicable development regulations. eleaFing a6tivities based eR thFesholds established- *R t-148- 68aSGRal GleaFiAg rate evaluatieR en a site by site bae*s-. existiRg slope, seal type, pFemiraity to wetlands, stFeaFAs, sheFelinee, Fnenth(s) of artivity, and size of the area to- bee neleeaFed OF gFad Council Adopted — October 11, 2005 EXHIBIT 1 rl ill 11-10-01-110 rfm ft Im. MAP rl Council Adopted - October 11, 2005 EXHIBIT 1 . . .. SO rlrsi =i =ia sePAFe1fadi iea .. Ar- dF leis• �. ,, , ,J �. 7 f+ l PI 8p9 •Z••` 'y ,r Ill � � \. 5 • t, • /' \:��0:? rr .._.. ,.� if Lake Whatcom Watershed ' Mp9iilYlll fir. uw Cfili%=couw7=ft%m%§ft=ww 0 ■l+�owwr.w...rr..M.�.+.r r�rrwrw�r�r+rlwr.�. Ylill Ib wF� W ��I�MY ��i ��i�i �► rlr��i W wr..ol�wrr..r.r.f+iw Syr. Ya irw rr7Mwlrrfi�. Lake Samish Watershed r11 14 M3 F Lo". i . r i J 122 23 24 Ir t y� Lk. I t Man I `J f 111 1 5 I 1 # - E- - i T I 33 t F84 3540 @,� I 31 y� `,i I e1�4NICFIARQ MTN. COUNTY APPENDIX C File ZON2005 -00007 0.5 ran. r,Y�Y.�rr��►�rr�1tr Yr1�l Nwr�rrwyY�.�wwy�r rK r+Yrrr�rrrr../r /r�Yr� 1�Ar�rY W M�.�Or..Y�rrrr/�n.r AMR YK r Yw1 /Y1r � r►rA IY �. N S 0 0.5 1 Miles n i ,.w