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Home My WebLink Aboutres2016-039WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016 -270A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Gary Davis ll 11 �._,C u ' E C i�L' V E D LC 912712016 Introduction Division Head: Mark Personius 10/11%2016 �p & D / Council V SEP 2 0 2016 Dept. Head: Sam Rvan 10/25/2016 Public Hearing Prosecutor: Royce �- / Buckingham /yr WHATCOM COUNTY Purchasing /Budget: COUNCIL / O Executive: JackLorexs'% Ile =C91 TITLE OF DOC ENT.� Resolution Forwarding Draft Shoreline Master Program Amendments For Department of Ecology Review ATTACHMENTS: 1. Draft Resolution and Draft Amendments 2. Staff Memorandum SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes (x) NO SEPA review completed? ( x ) Yes ( ) NO Requested Date 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.) Resolution forwards to Department of Ecology draft Shoreline Master Program limited amendments related to vacation rental and bed and breakfast uses COMMITTEE ACTION.• COUNCIL ACTION.• 10/11/2016: Forwarded to a Public Hearing to be 9/27/2016: Introduced 7 -0 scheduled at a later date 10/11/2016: Held in Council for a Public Hearing 10/25/2016: Approved 7 -0, Res. 2016 -039 Related County Contract #. Related File Numbers: Ordinance or Resolution Number. PLN2016 -00011 Res. 2016 -039 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 PROPOSED BY: PDS INTRODUCED: 9/27/2016 RESOLUTION NO. 2016 -039 FORWARDING DRAFT SHORELINE MASTER PROGRAM AMENDMENTS FOR DEPARTMENT OF ECOLOGY REVIEW WHEREAS, the Washington Administrative Code (WAC 173 -26 -080) requires counties to develop and administer a Shoreline Master Program; and WHEREAS, the Washington Administrative Code (WAC 173 -26 -110) requires counties to submit amendments to their Shoreline Master Programs to the Washington State Department of Ecology for its review and formal action; and WHEREAS, Whatcom County Code Title 23 Shoreline Management contains the County's Shoreline Master Program; and WHEREAS, Whatcom County Planning and Development Services has submitted an application to amend Title 23 Shoreline Management to define vacation rental uses and bed and breakfast uses as residential uses rather than commercial uses, and WHEREAS, the Whatcom County Planning Commission held a public hearing regarding the proposed amendment to WCC Title 23 on June 23, 2016; and WHEREAS, a determination of non - significance was issued under the State Environmental Policy Act on May 27, 2016; and WHEREAS, the Planning Commission has forwarded its findings and recommendations to the County Council; and WHEREAS, the Whatcom County Council has reviewed and approved the proposed amendment to the County's Shoreline Management Program and wishes to forward it to the Department of Ecology for their review and approval; NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council hereby forwards to the Department of Ecology for their review the amendments shown on attached Exhibit A. APPROVED this 25th day of October 2016. ATTEST �,\\A A I r,'',i'�„ Doug Dana Br rwn- D8vis, Clerk ofihe Council APPROVED AS TO FORM: Civ' ecutor 1 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON May 23, 2016 Draft EXHIBIT A Whatcom County Code Title 23 Shoreline Management Program AMENDMENTS Chapter 23.30 SHORELINE JURISDICTION AND AREA DESIGNATIONS 23.30.055 Urban conservancy shoreline area - Conditional uses. The following may be permitted as conditional uses subject to the applicable policies and regulations of this program: A. All other residential development. B. Low intensity water - oriented commercial limited to resort, bed-af�d- b-rea-Icfast, campgrounds and similar facilities subject to the criteria in WCC 23.100.050. Low intensity non - water - oriented commercial limited to resort, bed and bfea-kfast campgrounds and similar facilities, subject to the criteria in WCC 23.100.050(B)(1)(d). 23.30.095 Conservancy shoreline area - Conditional uses. The following uses may be permitted as conditional uses subject to the applicable policies and regulations of this program: A. All other residential development. B. Low intensity water - oriented commercial limited to resort, bed-a- n&breakfast campgrounds and similar facilities. Low intensity non - water - oriented commercial uses limited to resort, be-d- Ean#- breakfast, campgrounds and similar facilities may be permitted as a conditional use, subject to the criteria in WCC 23.100.050(B)(1)(d). Chapter 23.100 SHORELINE USE POLICIES AND REGULATIONS May 23, 2016 Draft 23.100.050 Commercial use. Commercial development in shoreline areas shall be subject to the policies and regulations of this section and Chapter 23.90 WCC. C. Shoreline Area Regulations. 3. Urban Conservancy. Low intensity water - oriented commercial use and development limited to resort; bed and bFeak fas }, campgrounds and similar facilities may be permitted as a conditional use. Low intensity non - water - oriented commercial limited to resorts bed and hrea4 -fast, campgrounds and similar facilities may be permitted as a conditional use subject to the criteria for such uses in subsection (B)(1)(d) of this section. 7. Conservancy. Low intensity water - oriented commercial use and development limited to resorted - and-- &rea- l-fest, campgrounds and similar facilities may be permitted as a conditional use. Low intensity non - water - oriented commercial limited to resorted -a reakfast, campgrounds and similar facilities may be permitted as a conditional use subject to the criteria for such uses in subsection (B)(1)(d) of this section. Chapter 23.110 DEFINITIONS 23.110.020 B definitions 4. "Bed and Breakfast" means a single Family residence that is the primary residence(s) of the owner in which, for compensation, one to five rooms are used as sleeping units to house or lodge individuals or families for periods of less than 30 days as transient visitors with or without limited food service. 2 May 23, 2016 Draft 23.110.030 C definitions 6. "Commercial development" means those developments whose primary use is for retail, service or other commercial business activities. Included in this definition are developments such as hotels, motels, bed a-n- d- br-e-a4cfa-st estab44- s-"ents, shops, restaurants, banks, professional offices, grocery stores, laundromats, recreational vehicle parks, commercial rental campgrounds and cabins, whether public or private, and indoor or intensive outdoor commercial recreation facilities. Not included are private camping clubs, marinas, signs, utilities, bed and breakfasts, vacation rental units, and other development. 23.110.180 R definitions 7. "Residential development" means buildings, earth modifications, subdivision and use of land primarily for human residence, including, but not limited to: single - family and multifamily dwellings, condominiums, mobile homes and mobile home parks, boarding homes, family daycare homes, adult family homes, retirement and convalescent homes, bed and breakfasts, and vacation rental units, together with accessory uses common to normal residential use. Camping sites or clubs, recreational vehicle parks, motels; and hotels and .tether- tFa tsient-heu --ing, are not included in this definition. 23.110.220 V definitions. 1. "Vacation Rental Unit" means a dwelling unit where the owner is not present on site during the rental period, which-for-compensation, is used to lodge J ndividuals or families fora period of less than 30 days. 3