HomeMy WebLinkAboutres2019-037File ID: AB2019-358
File Created: 06/11/2019
Department: Council Office
Assigned to: Council
Agenda Date: 08/07/2019
Whatcom County
Agenda Bill Master Report
File Number: AB2019-358
Version: 2
Entered by: JSchneid@co.whatcom.wa.us
File Type: Resolution
Primary Contact Email: DBrown@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Status: Revised Substitute
Amended and Approved
Final Action: 08/07/2019
Enactment #: RES 2019-037
Resolution forwarding Cascadia Law Group's recommendations for Cherry Point UGA
Comprehensive Plan and Zoning Code Amendments
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
Forwarding Cascadia Law Group's recommendations for proposed Cherry Point Urban Growth Area
(UGA) Comprehensive Plan and Zoning Code Amendments to the Planning Commission for review
and recommendation and to Planning and Development Services for SEPA review and determination
HISTORY OF LEGISLATIVE FILE
Date: Acting Body: Action: Sent To:
06/18/2019 Council Special Committee of the Whole HELD IN COMMITTEE Council Special Committee of the
Whole
06/18/2019 Council HELD IN COMMITTEE Council Special Committee of the
Whole
07/23/2019 Council HELD IN COUNCIL Council
08/07/2019 Council REVISED SUBSTITUTE
AMENDED AND
APPROVED
Notes: Vote: 5-2, Brenner and Byrd opposed, Resolution 20I9-037
Attachments: June 11 Potential Countywide Planning Policies and Comp Plan Amendments — Cherry Point,
June 18 Alternate Proposed Resolution, July 23 Donovan Additional Proposed Amendments, July
Whatcom County Page 1 Printed on 81812019
Agenda Bill Master Report Continued (AB2019-358)
23 Browne Additional Proposed Amendments, July 29 Potential Code Amendments, July 30
Special COTW Draft Minutes, August 5 Potential Code Amendments for Cherry Point, August 5
Potential Countywide Planning Policies and Comp Plan Amendments for Cherry Point, August 6
Revised Alternate Resolution, Agenda Bill Master Report
Whatcom County Page 2 Printed on 81812019
PROPOSED BY: Donovan and Browne
INTRODUCTION DATE: July 23, 2019
RESOLUTION NO. 2019-037
FORWARDING CASCADIA LAW GROUP'S RECOMMENDATIONS FOR PROPOSED
CHERRY POINT URBAN GROWTH AREA (UGA)COMPREHENSIVE PLAN AND ZONING
CODE AMENDMENTS TO THE PLANNING COMMISSION FOR REVIEW AND
RECOMMENDATION AND TO PLANNING AND DEVELOPMENT SERVICES FOR SEPA
REVIEW AND DETERMINATION
WHEREAS, The Whatcom County Council recognizes that existing zoning code rarely
produces adequate regulatory review of large fossil fuel projects at the Cherry Point UGA,
nor produces environmental impact statements (EIS) for large scale expansions of fossil fuel
facilities at the Cherry Point that are currently allowed as outright permitted uses; and,
WHEREAS, In the past few years, two separate projects permitted at Cherry Point
substantially increased each refinery's capacity to receive crude oil, with subsequent
increases in risks to public health, safety, and the environment. Neither project received an
EIS; and,
WHEREAS, A fossil fuel shipping facility at Cherry Point recently invested hundreds
of millions of dollars to increase, potentially by six -fold, the volume of product it moves
through the County via rail and through local waters. No EIS was been done related to this;
and,
WHEREAS, the fossil fuel shipping facility at Cherry Point recently received permits
for substantial, multi -year upgrades to its pier at Cherry Point. No EIS was been done
related to this; and,
WHEREAS, The Whatcom County Council has dedicated nearly three years of open
public meetings working to develop Comprehensive Plan amendments, and zoning code
amendments, to address the risks to public health, safety, and the environment associated
with under -regulated expansion of fossil fuel facilities at Cherry Point; and,
WHEREAS, on January 29, 2019, the Whatcom County Council approved Resolution
No. 2019-004, requesting the County Executive provide staff resources and funding to allow
Cascadia Law Group to complete Contract No. 201708008 related to legal ways the County
may choose to limit the negative impacts on public safety, transportation, the economy, and
environment from crude oil, coal, liquefied petroleum gases, and natural gas transshipments
from the Cherry Point UGA; and,
WHEREAS, the Council has requested Planning and Development Services (PDS)
work with Cascadia Law Group to provide the County Council with draft Comprehensive Plan
and code language that addresses each of the following issues, and where possible identifies
and uses established code language from other jurisdictions, to be forwarded to the
Planning Commission, that:
a. Prohibits additional new fossil fuel refineries and fossil fuel shipping facilities in
Cherry Point beyond the existing British Petroleum, Phillips 66 and Petrogras
facilities as our community has already taken on 'your fair share" of the public
health, safety and environmental risks associated with fossil fuel facilities and
does not deserve any additional increase in risk that new facilities would bring;
and
b. Prohibits any new crude oil transshipment facilities that have any other purpose
other than suppling raw materials to the existing refineries; and
c. Prohibits conversion of any existing refinery into a facility primarily serving as a
crude oil transshipment facility; and
d. Considers requiring an initial and updated greenhouse gas analysis when refinery
and/or storage capacity of an existing facility is expanded; and
e. Requires identification of "Facility Emissions" which are defined as the
greenhouse gas emissions associated with local fossil fuel facilities, including but
not limited to
the transportation within the borders of Whatcom County of refined and
unrefined fossil fuels to and from a facility located within the Cherry Point
Heavy industrial area, and
II. the refining and processing of fossil fuels located within the Cherry Point
Heavy industrial area; and
f. At a minimum require local mitigation of (such as carbon offset programs that are
deployed within Whatcom County's borders) Facility Emissions, above the
Baseline; and
g. Considers credits for the Net Positive environmental impacts of modifications to
facilities such as programs such as energy recovery from animal waste and when
calculating carbon offset obligations. "Net Positive" shall mean the net impact
after factoring in:
fossil fuel inputs for transportation, as well as reduced landfill use and
methane emissions in the case of animal or plant waste; and
II. fossil fuel inputs, environmental degradation, habit loss ect. in the
case of biofuels such as palm oil or corn grown for bio fuels; and
h. Aims to reduce the opportunity for the significant transportation, health and
safety risks to the community that would likely occur should the existing
refineries be converted to crude oil transshipment facilities by prohibiting the
construction of additional fossil fuel storage tanks above the current ratio of
Storage Capacity to Refining Capacity in existence as the date code changes are
adopted. For this section "Storage Capacity" is defined as total volume of all
tanks at a facility and "Refining Capacity" is defined as the average monthly
volume of refining, in the preceding calendar year; and
Considers that expansion in storage or refining capacity shall require ongoing
identification of all responsible parties involved in the transportation of crude and
refined fossil fuels, the storage and refining of such, and proof of insurance great
enough to cover any "Reasonable Worst Case Scenario" that could occur within
the borders of Whatcom County. The insurance shall be required for as long as
the particular refinery is operating and shall be increased annually to reflect any
increase in the Consumer Price Index; and
Recognizes that the term, "Reasonable Worst Case Scenario" shall mean the
derailment and subsequent explosion, fire and extensive contamination of air,
soil, marine environments, all local public and private infrastructure, including but
limited to roads, buildings, parks and sewer systems. The scenario shall assume
the event occurs in high wind conditions, during an earthquake, in the downtown
core of Bellingham, involves a train of maximum possible operating length train,
travelling three times faster than normal, fully loaded with the most volatile
cargo transported to or from Cherry Point, transported in the least safe tankers in
use anywhere in North America, that the cleanup shall take a minimum of ten
years, require the relocation of all businesses and residents within a minimum of
a five mile radius and include the cost of fully compensating all the individuals
and businesses directly and indirectly affected. Please note this scenario is in
direct proportion to what happened during the Lac-Megantic rail disaster which
involved a train of less than maximum size that occurred in Quebec, Canada on
July 6, 2013 and which five years on the community has yet to recover from; and
WHEREAS, the Council also requested that the Planning and Development
department ensure any changes to the county code NOT cause any of the following:
1. Unnecessarily delay the implementation of future safety upgrades that if not
made could potentially place the workers or environment at any risk.
Unnecessarily delay improvements that would have a positive impact on climate
change, such as increased efficiency, reduced pollution or greenhouse gas
emissions; and
3. "Catch 22's" where the County withholds permits until other agencies have issued
theirs, such as the Army Core of Engineers which will traditionally refuse to issue
a permit until the local government has approved the project; and
4. Contradictory language such as providing exemptions from the Conditional Use
Permit "CUP" for minor projects, but which later language then forbids being
issued because they are located in Cherry Point or are related to fossil fuels; and
WHEREAS, on June 10, 2019, Cascadia Law Group submitted draft
recommendations for proposed Comprehensive Plan and zoning code amendments to the
County Council for consideration; and,
WHEREAS, at its June 18 2019 meeting, Council considered and discussed the June
10, 2019 Cascadia Law Group draft amendments; and,
WHEREAS, at the June 18, 2019 Council meeting, councilmembers were invited to
submit questions to Cascadia Law Group regarding the June 10 2019 draft; and,
WHEREAS, on July 2, 2019, Cascadia Law Group provided additional information
and updates to the draft code amendments in response to questions from Council and staff,
and,
WHEREAS, on July 9, 2019, Council met to continued its discussion of the draft
proposal; and,
WHEREAS, on July 10 2019, Cascadia Law Group provided additional information
and updates to the draft code amendments in response to questions from Council and staff,
and,
WHEREAS, on July 16 2019, Cascadia Law Group provided additional information
and updates to the draft code amendments in response to questions from Council and staff;
and,
WHEREAS, on July 23 2019, with the benefit of additional information and Council
has further refined the proposed code amendments;
NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the
Council's proposal, based off of Cascadia Law Group's recommendations for proposed
Cherry Point UGA Comprehensive Plan and zoning code amendments, as outlined in Exhibit
A to this resolution, are hereby forwarded to the Planning Commission for review and
recommendation, and to Planning and Development Services for SEPA review and
determination.
BE IT FINALLY RESOLVED that the Council respectfully requests review by the
Planning Commission, with assistance from Planning and Development Services, commence
upon receipt of this resolution. If its current scheduling of meetings potentially constrains
the Planning Commission's capacity to consider this matter, Council respectfully requests
that the Planning Commission schedule one or more additional meetings in the fall.
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DanBrown- ai eck�o thew:Council Rud B owne Council Chair
APPR Vrov,AS TO FQR Civil Deputy Prosecutor
DRAFT August 5, 2019
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PoliciesWhatcom County
Fossil Fuel d Potential Amendmen]
Policy Amendments I Prepared by: Cascadia Law Group and BERK Consulting, Inc.
Comprehensive
Major Industrial Urban Growth Area / Port Industrial
Cherry Point — Text
Change Second Paragraph of Cherry Point Text
8 Because of the special characteristics of Cherry Point, including deep water port access, rail access, and
9 proximity to Canada, this area has regional significance for the siting of large; industrial or related
10 facilities. General Petroleum constructed the Ferndale Refinery in'1954, Alumax/Pechiney/Howmet
1 1 constructed the Aluminum Smelter in 1966, and the Atlantic Richfield Company constructed the Cherry
12 Point Refinery in 1971. The existing industries in the Cherry Point UGA, which provide significant
13 emr)lovment. have produced and shipped refined fossil fuels and other products for decades.
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15
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Amend Policy 2CC-11
Policy 2CC-1 1: It is the policy of Whatcor
to the existing three piers, taking into acc<
County to limit the number of industrial piers at Cherry Point
nt the need to:
harm to habi
Cherry Point Herring stock and Southern Resident Killer Whales;
• Update the Optimally implement the Whatcom County Shoreline Master Program to
pe, fulfill the Shoreline Management Act's shorelines of statewide significance policy to preserve
natural character, result in long-term over short-term benefit, and protect the resources and ecology of
the shoreline:
® Encourage the continued agency use of best available science;
25 . Support and remain consistent with the state Department of Natural Resources' withdrawal of Cherry
26 Point tidelands and bedlands from the general leasing program and the species recovery goals of the
27 Cherry Point Aquatic Reserve designation and Management Plan;
28 • Recognize federal actions upholding treaty rights;
29 • Protect traditional commercial and tribal fishing; and
30 • Prevent conflicts with vessel shipment operations of existing refineries that could lead to catastrophic oil
31 or fuel spills.
32 Amend Policy 2CC-16
33 2CC-1 6: The County will, through its adopted SEPA policies and applicable permitting processes, d+eU
34
35 including those related te public health, safety,
36 m isance, and fire cedes, and deyelep reeemmendefiens for legal vveys the County may choose to seek to
37 limit the negative impacts on public safety, transportation, the economy, and environment from new fossil
38 fuel facilities, including new or expanded crude oil, coal, liquefied petroleum gases, natural gas, and
39 e (perts-fFeffi facilities within the Cherry Point UGA above levels in existence as of Mar ' h �,—moo^-1T[XXX,
40 20191.
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stakeholder interests, and make theit adyiee publicly ayailable-.
and rule araenrlmi-n*q fqr
Until the eibeye mentiened affiendments eFe ifflplemented, tThe Prosecuting Attorney and/or the County
Administration should provide the County Council written notice of all known preapplication
correspondence or permit application submittals and notices, federal, state, or local that involve activity
with the potential to expand the expert ef fossil fuels freng Cherry Peint "Fossil Fuel Refinery, Renewable
Fuel Refinery. or Fossil Fuel or Renewable Fuel Transshipment Facilities," as defined in the Whatcom
County Code (Chapter 20.97).'
Amend Policy 2CC-17
Allow existing operations or maintenance of existing fossil -fuel
related facilities operating at levels as of ;parch '-�, 1, 201T �XXX, 2019] with limited expansions
subject to environmental review, greenhouse gas emission mitigation, and conformance with
Policies 2CC-3 and -1 1.
Add a new policy on 'renewable fuels:
61 Essential Public Facilities
62 Amend Policy 2WW-4
63 Policy 2WW-4 State and regional highways in unincorporated Whatcom County that have been
64 designated as essential state or regional transportation facilities are 1-5, State Route 539 (the Guide
65 Meridian), State Route 546/9 (Badger from the Guide to Sumas), and State Route 20 to eastern
66 Washington. Other transportation facilities in unincorporated Whatcom County that have been
67 designated as essential public facilities are Amtrak Cascades passenger rail service, the Burlington
68 Northern Santa Fe railroad tracks, and the Cherry Point marine port facilities. Such facilities in the City of
69 Bellingham include Fairhaven Station (intercity passenger rail terminal), Bellingham Cruise Terminal
70 (Alaska Ferry), and the Port of Bellingham (marine port). Additionally, State Route 543 (the truck route at
71 the Blaine border) is an essential public facility located within the city limits of Blaine.
' The reference to a definition in the Whatcom County Code could be removed to avoid a policy with a code reference. A
definition could be added to the Comprehensive Plan if thought necessary. Typically, the code is more detailed.
DRAFT August 5, 2019 Whatcom County I Fossil Fuel Policies and Potential Amendments
72 Widening of existing state highways or railroad tracks (including construction of sidings) and siting new
73 state highways or railroad tracks should be planned in the Washington Highway System Plan, Amtrak
74 Cascades Plan and the Freight Rail Plan. The state will invite the Regional Transportation Planning
75 Organization and the County to participate in planning studies, review design plans, and provide
76 comments when siting new or expanded state highways or railroad tracks.
77 Highways and railroad tracks that qualify as essential public facilities should be sited in accordance with
78 all of the following principles. These facilities should be located:
79 • In a manner that minimizes or mitigates noise impacts to surrounding residential areas.
80 • Outside of the Lake Whatcom Watershed, unless there are no viable alternatives.
81 • In a manner that allows continued fish passage beyond the road or railroad tracks or restores blocked
82 passage.
83 • In a manner that avoids or mitigates wetland impacts.
84 • In a manner that minimizes impacts of additional impervious surfaces by treating stormwater runoff.
85 • In a manner that encourages a vibrant economy by facilitating the efficient movement of people and
86 freight.
87 • In a manner that accommodates pedestrians, bicycles, and transit.
88 Major passenger intermodal terminals should be located in General Commercial, Airport Operations,
89 Urban Residential -Medium Density or industrial zones.
90 Freight railroad switching yards and terminals should be located in industrial zones.
91 Marine port facilities should be located within the Heavy Impact Industrial zone of the Cherry Point
92 Major/Port Industrial Urban Growth Area. Allow existing facilities and limited expansions consistent with
93 the State of Washington Department of Natural Resource Cherry Point Aquatic Reserve Management
94 Plan.
95
DRAFT August 5, 2019 Whatcom County I Fossil Fuel Policies and Potential Amendments 11 3
DRAFT August 5, 2019
Whatcom
rF*ssil e
3 Potential Code Amendments I Prepared by: Cascadia Law Group and BERK Consulting, Inc.
4 Overview
5 This document excerpts sections of the Whatcom County Code and proposes potential code changes to
6 address Comprehensive Plan Cherry Point Policy 2CC-1 6, excerpted below:
7 Policy 2CC-1 6: The County shall undertake a study to be completed if possible by December of
8 2017 to examine existing County laws, including those related to public health, safety,
9 development, building, zoning, permitting, electrical, nuisance, and fire codes, and develop
10 recommendations for legal ways the County may choose to limit the negative impacts on public
11 safety, transportation, the economy, and environment from crude oil, coal, liquefied petroleum
12 gases, and natural gas exports from the Cherry Point UGA above levels in existence as of March
13 1, 2017.
14 To provide clear guidance to current and future county councils on the County's legal rights,
15 responsibilities and limitations regarding interpretation and application of project evaluation
16 under Section 20.88.1 30 (Major Projects Permits) of the Whatcom County Code.
17 The County should consider any legal advice freely submitted to the County by legal experts on
18 behalf of a variety of stakeholder interests, and make that advice publicly available.
19 w Based on the above study, develop proposed Comprehensive Plan amendments and associated
20 code and rule amendments for Council consideration as soon as possible.
21 - Until the above mentioned amendments are implemented, the Prosecuting Attorney and/or the
22 County Administration should provide the County Council written notice of all known pre-
23 application correspondence or permit application submittals and notices, federal, state, or local
24 that involve activity with the potential to expand the export of fossil fuels from Cherry Point.
25 Code amendments also fulfill Resolution 2019-004 and changes authorized by majority motions at the
26 July 23 and July 30, 2019 Whatcom County Council Special Committee of the Whole Meetings.
27
28 The following table identifies major code amendment topics developed by the County Council in
29 Resolution 201 9-004 or by the July 23, 2019 Whatcom County Council Special Committee of the Whole
30 Meeting. The following sections provide an overview of key elements of the proposal and preliminary
31 draft code language.
32 Exhibit 1. Potential Fossil -Fuel Code Changes — Outline and Change Location
Code Outline Topic
Location in Code Changes
1.
Prohibit New Fossil Fuel Refineries
20.66.200 Prohibited uses.
20.68.200 Prohibited uses.
2.
Retain Existing Refineries as an Outright Permitted
20.68.050 Permitted uses.
Use with Limits
3
Conditional Use Permit Threshold for Expansions of
20.68.150 Conditional uses.
Existing Refineries
20.68.800. Fossil Fuel or Renewable Fuel
Refineries or Transshipment Facilities
4
Conditional Use Permit Criteria and Analysis of
20.68.800. Fossil Fuel or Renewable Fuel
Greenhouse Gas Impacts of Expansions of Existing
Refineries or Transshipment Facilities
Refineries
5.
Prohibit Crude Oil and Coal Export Facilities
20.66.200 Prohibited uses.
20.68.200 Prohibited uses.
6.
Renewable Fuel Production and Blending Facilities
Treat renewable fuels like fossil fuels.
as an Outright Permitted Use
7. Prohibit New Docks and Piers
20.68.200 Prohibited uses.
20.74.055 Prohibited uses.
23.100 170 Cherry Point management area.
8. Prohibit Crude Oil Transshipment Facilities
20.66.200 Prohibited uses.
20.68.200 Prohibited uses.
9. Prohibit Coal Transshipment Facilities
20.66.200 Prohibited uses.
20.68.200 Prohibited uses.
10. Pipelines
Not addressed per Cascadia Law Group
report to the County Council: Reducing Impacts'
from Fossil Fuel Projects Report to the Whatcom
County Council February 23, 2018.
11. Small Fossil or Renewable Fuel Storage and
20.97.160.6 Small Fossil or Renewable Fuel
Distribution Facilities
Storage and Distribution Facilities`
DRAFT August 5, 2019 Whatcom County I Fossil Fuel — Potential Code Amendments 11 2
Code Outline Topic
Location in Code Changes
12. Change of Use Provisions
20.74.1 10 Change of Use.
20.74.115 Change of Use of Renewable
Fuels Facilities
13. SEPA Threshold Determination
16.08.090. Environmental checklist
16.08.160 Substantive authority.
14. Scrubbing the Existing Code
20.88.200 Procedure.
22.05.020 Project permit processing' table.
15. Consistency with Countywide Planning Policies
See separate policy evaluation document.
16. ProceduralDue Process, GMA' and Shoreline WAC
Co -timed policy and code amendments
provisions
planned'.
17. Severability Clause
Will go into the ordinance draft.
18. Insurance Provisions
Addressed in permit procedures, criteria, and
conditions.
See also 22.05.125 Proof of insurance for
33
34 Key Elements of Cole 'Proposal
35 Restrict New Fossil Fuel" Refineries and Transshipment Facilities
36 The code proposal prohibits new fossil fuel refineries and fossil fuel transshipment facilities. It also
37 prohibits new piers consistent with the Cherry Point Aquatic Reserve Management Plan.
38 Allow Current Uses and Limited` Expansions
39 The code proposal outright permits existing, legally established fossil fuel refineries and fossil fuel
40 transshipment facilities. Expansions of refinery capacity and associated storage capacity would be
41 allowed with a conditional use permit.
42 A Conditional Use Permit with a decision by the Hearing Examiner would be needed for expansion,
43 except where size of the proposal triggers Major Project Permit in which case the Hearing Examiner
44 would make a recommendation to the County Council who would make the decision. The reviews are
45 discretionary and conditional use criteria must be met, and greenhouse gas impacts analyzed, and local
46 mitigation provided.
47 Other site improvements that do not involve expansions of production capacity would be permitted with
48 less procedural requirements, e.g. safety improvements or establishing an accessory office.
DRAFT August 5, 2019 Whatcom County I Fossil Fuel — Potential Code Amendments 11 3
49 Allow for Renewable Fuels
50 The proposed code as drafted allows for renewable fuels facilities to be treated similarly to fossil fuels
51 in terms of permit allowances. Renewable fuel proposals would also require tracking greenhouse gas
52 emissions and liability insurance.
53 Address Impacts and Mitigation
54 Recognizing that fossil fuel facilities and transshipment facilities, as well as renewable fuel counterparts,
55 have the potential for environmental impacts and require mitigation, several sections of the code
56 proposal address the environmental review process and content:
57 ® State Environmental Policy Act (SEPA) Policies: When fossil -fuel refinery facilities or transshipment
58 facilities are reviewed under SEPA, additional environmental policies would apply to guide
59 environmental impact evaluation and mitigation measures including policies on air quality and
60 climate and fish and wildlife habitat. In addition, a worksheet for fossil fuel facilities would be
61 required.
62 Greenhouse Gas Emissions Mitigation: The SEPA policies and the zoning, standards require reporting
63 of emissions and mitigation above the baseline established at the time of permit. Local carbon offsets
64 would be required or a fee in lieu of mitigation would be required which the County would use to
65 provide local greenhouse gas mitigation projects.
66 M Fish and Wildlife Habitat: In SEPA rules, the County would require analysis and mitigation of impacts
67 to priority habitats and species and high biodiversity areas. It should be noted that the County's
68 critical area regulations and shoreline regulations would also apply.
69 M Other Considerations: Applicants would be required to demonstrate consistency with federal and
70 state laws and permit requirements,, such as consistency with the Cherry Point Aquatic Reserve
71 Management Plan, federal review of consistency with Treaty Rights, etc. before any site
72 modifications or construction could occur.
73 N Insurance: Insurance provisions are contained in a new code section and are based on discussion with
74 an insurance expert familiar with commercially available policies similar in nature and in place for
75 petroleum terminals in Alaska. Options for policy limits and alternatives to conventional insurance are
76 also provided for Council discussion.
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DRAFT August 5, 2019 Whatcom County I Fossil Fuel — Potential Code Amendments 11 4
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CHAPTER 16.08 STATE ENVIRONMENTAL POLICY ACT (SEPA)
16.08.090. Environmental checklist
E. Worksheet for Fossil and Renewable Fuel Facilities: Air and environmental health are elements of the environment in
WAC 197-11-444 and subjects addressed in WAC 197-11-960 .Environmental Checklist As provided in WAC 197-11-
9011161)(c) Whatcom County hereby adds a procedure and criteria to help identify the affected environment, impacts, and
mitigation regarding air quality and climate and risks from spills and/or explosions. For any proposed change of use or
expansion of facilities that manufacture process transport any fossil fuel, renewable fuel, or hydrocarbon feedstock, the
2. Lifecycle greenhouse gas emissions and facility emissions above existing levels;
3. Transits of tankers or barges and their support vessels that have the potential to create risks of spills or explosion or
interfere with commercial and treaty tribe fishing areas; and
4. Releases of stormwater and wastewater to groundwater, marine waters. intertidal wetlands, streams within the
shorelines, and to their headwaters;
5. Potential for loss of life and/or property related to risks from spills or explosions associated with refining and
ort of renewable or fossil fuels it related feedstocks within
In determining whether ossible impacts are "significant" and "probable," the Respor
the answers on the Worksheet for Fossil Fuel Facilities accurately analyze the severit
analysis of probability of occurrence, in compliance with. WAC 197-11-330. Also, as
severity of an impact should be weighed along with the likelihood of its occurrence" and "an impact may be significant if its
chance of occurrence is not great but the resulting environmental impact would be severe if it occurred."
The worksheet and supplemental information required for fossil and renewable fuel facilities shall be considered procedures
and criteria added to Whatcom County's SEPA policies and procedures pursuant to WAC 197-11-906(1)(c) and are deemed
necessary to be consistent with the provisions of SEPA contained in RCW 43_.21C.020 RCW 43.21C.030 and RCW
43.21 C.031
108 Discussion/Notes: Suggest reference to WAC 7 97-1 1-906 (1) (c) as basis to require
109 worksheet since it allows for additional procedures and criteria. WAC 7 97-1 1-315 refers
110 to Ecology and 30-day review for planned actions, which is not proposed.
ill 16.08.160 Substantive authority.
112 A. The policies and goals set forth in this chapter are supplementary to those in the existing authorization of Whatcom
113 County.
114 B. The county may attach conditions to a permit or approval for a proposal so long as:
DRAFT August 5, 2019 Whatcom County I Fossil Fuel — Potential Code Amendments 11 5
115 1. Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in
116 environmental documents prepared pursuant to this chapter; and
117 2. Such conditions are in writing; and
118 3. The mitigation measures included in such conditions are reasonable and capable of being accomplished; and
119 4. The county has considered whether other local, state, or federal mitigation measures applied to the proposal are
120 sufficient to mitigate the identified impacts; and
121 5. Such conditions are based on one or more policies in subsection D of this section and cited in the license or other
122 decision document.
123 C. The county may deny a permit or approval for a proposal on the basis of SEPA so long as:
124 1. A finding is made that approving the proposal would result in probable significant adverse environmental impacts that
125 are identified in a FEIS or final SEIS prepared pursuant to this chapter; and
126 2. A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient
127 to mitigate the identified impact; and
128 3. The denial is based on one or more policies identified in subsection D of this section and identified in writing in the
129 decision document.
130 D. The county designates and adopts by reference the following policies as the basis for the Bounty's exercise of SEPA
131 authority pursuant to this section:
132 1. The county shall use all practicable means, consistent with other essential considerations of state policy, to improve
133 and coordinate plans, functions, programs, and resources to the end that the state and its citizens may:
134 a. Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;
135 b. Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing
136 surroundings;
137 c. Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or
138 other undesirable and unintended consequences;
139 d. Preserve important historic.. cultural, and natural aspects of our national heritage;
140 e. Maintain, wherever possible, an environment which supports diversity and variety of individual choice;
141 f. Achieve a balance between population and resource use which will permit high standards of living and a wide
142 sharing of life's amenities; and
143 g. Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable
144 resources.
145 2. The county recognizes that each person has a fundamental and inalienable right to a healthful environment and that
146 each person has a responsibility to contribute to the preservation and enhancement of the environment.
147 3. The county adopts by reference the policies in the following county documents:
148 Whatcom County Comprehensive Land Use Plan (inclusive of goal statements and all subarea components)
149 Whatcom County Shoreline Management Program
150 Whatcom County Subdivision Ordinance
151 Whatcom County Solid Waste Management Plan
152 Whatcom County Critical Areas Ordinance
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All official land use controls adopted by Whatcom County.
E. Relationship to Federal, State and Regional Regulations. Many of the environmental impacts addressed by these
SEPA policies are also the subject of federal state and regional regulations. In deciding whether these regulations
provide sufficient impact mitigation the County shall consult orally or in writing with the responsible federal state or
other agency with jurisdiction and environmental expertise and may expressly defer to that agency. The County shall
base or condition its project decision on compliance with these other existing regulations, rules, laws, or adopted
enforceable plans The County shall not so defer if such regulations did not anticipate or are otherwise inadequate to
address a particular impact of a project.
F. Specific Environmental Policies
1. Air Quality and Climate:
that provide real additional and quantifiable greenhouse as mitigation. Such mitigation must not be required
by any other regulatory mechanism and there shall be no double counting of emission reductions where
identified as mitigation of greenhouse gas emissions impacts for permits subject to WCC 20.68.801.
ii. Greenhouse Gas Emissions — Renewable Fuels Facilities and Renewable Fuel Transshipment Facilities: The
SEPA Responsible Official shall require documentation of emissions consistent with b.i(a) and b.i(b) above.
The applicant shall demonstrate that the lifecycle greenhouse gas reductions associated with the renewable fuels
provide a net reduction even when considering transportation and upstream emissions. If there is a net increase
in emissions locally, the SEPA Responsible official may require mitigation per i(c)above.
iii. Greenhouse Gas Emissions — Other Uses Within the Heavy Impact Industrial District:
(a) Method of analysis: Determined by SEPA Responsible Official following consultation with federal and
state agencies with jurisdiction or expertise.
(b) Mitigation: Determined by SEPA Responsible Official. See Le.
c. It is the County's policy to minimize or prevent adverse air quality impacts. Federal, state, regional, and county
regulations and Rrograms cannot always anticipate or adequately mitigate adverse air quality impacts. If the
decisionmaker makes a written finding that the applicable federal, state, regional, and/or County regulations did
not anticipate or are inadequate to address the articular impact(s) of the project, the decisionmaker may condition
the proposal to mitigate its adverse impacts or, if impacts cannot be mitigated, may deny a project under the
provisions of the State Environmental Policy Act.
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2. Plants and Animals:
a Many species of birds mammals fish and other classes of animals and plants living in both rural and urban
environments and are of ecological educational and economic value. Fish and wildlife populations are threatened
by habitat loss and by the reduction of habitat diversity. For the purposes of this policy, animals and plants of
ecological educational and economic value include priority habitats and species as listed in the Washington
Department of Fish and Wildlife's Priority Habitats and Species as amended, consistent with WCC 16 16.710
and High Biodiversity Value Areas per the Whatcom County 2017 Ecosystem Report as amended.
b It is the County's policy to minimize or prevent the loss of fish and wildlife habitat that have substantial
ecological educational and economic value. A high priority shall also be given to meeting the needs of state and
federal threatened endangered and sensitive species of both plants and animals Special consideration shall be
given to anadromous fisheries and marine mammals.
c It is the County's policy to ensure applicants provide verifiable documentation of consistency with federal and
state laws regardingtreaty reaty rights clean water rights zts (both water quality and water quantity) and endangered
miti
would reduce or damage rare uncommon unique or exceptional plant or wildlife habitat designated wildlife
corridors or habitat diversity for plants or animals species of substantial educational ecological or economic
vnl„e nr intp.rfora with tre-mv riohtc clean water riplhts_ or endangered snecies`urotection.
223 Discussion/Notes: If amendments are made to the Comprehensive Plan policies then the
224 County will in effect update policies under the County's SEPA substantive authority.
225 CHAPTER 20.66 LIGHT IMPACT INDUSTRIAL (LII) DISTRICT
226 20.66.200 Prohibited uses.
227 All uses not listed as permitted, accessory, administrative approval, or conditional uses are prohibited, including but not
228 limited to the following, which are listed here for purposes of clarity:
229 .201 Reserved.
230 .202 Adult businesses except those allowed as an administrative approval use under WCC 20.66.131.
231 .203 In the Bellingham Urban Growth Area the following uses are prohibited: palm refinery and he print ry
232 manufacturing e4foducts thereof primary manufacturing, and processing of rubber, plastics, chemicals, paper, asbestos and
233 products derived thereof, and primary metal industries.'
234 204 New fossil -fuel refinery, new fossil fuel transshipment or facility unless permitted as a part of an existing refinery
235 modification otherwise permitted under this code.
236 DiscussionlNotes: Prohibit fossil fuel related industries in the LII District; already
237 prohibited in the Bellingham UGA. It does not appear that such uses exist in the LII zone;
238 thus, we have only addressed the prohibition of fossil -fuel refinery and fossil fuel
239 transshipment facility unless part of an existing refinery (e.g. transshipment).
240 CHAPTER 20.68 HEAVY IMPACT INDUSTRIAL (HII) DISTRICT
241 20.68.050 Permitted uses.
242 Unless otherwise provided herein, permitted and accessory uses shall be administered pursuant to the applicable provisions of
243 Chapter 20.80 WCC, Supplementary Requirements, and Chapter 20.84 WCC, Variances, Conditional Uses, Administrative
244 Uses and Appeals, the Whatcom County SEPA Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom
245 County Shoreline Management Program.- and implementing regulations. The Pose of the SIC numbers !,.is d .<„._,o.Ahin4h s
246 chapter is to adopt by rot rem e other �cti n'nz—���z t tl. :d :+ r a , �.•�; ino Iieicr of1he—,ubatea
247 r,,,,,.,rche„siv nl �.Itide "_.+ ;., Yo:r:.ttec' �.,_s * -occ w4ti-partic„laF subareas. Please refer I he policiesof-the
248 applicable subarea plan to determine the appropriateness of a land use aetivity listed below-.)
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249 .051 The manufacture and processing of food including meat (including packinghouses and slaughterhouses), dairy, fruits,
250 vegetables, seafood, grain mill, large scale bakery, sugar and beverage products, provided the following criteria are met:
251 (1) Holding pens associated with packinghouses and slaughterhouses shall be limited to that necessary to accommodate
252 animals intended for processing within 24 hours.
253 (2) The facility shall comply with the solid waste handling standards as set forth in Chapter 173-350 WAC, as administered
254 by the Whatcom County health department as adopted by reference in Chapter 24.06 WAC.
255 (3) If required by the Washington State Department of Ecology, the following permits shall be obtained:
256 (a) State waste discharge permit (Chapter 173-216 WAC);
257 (b) Industrial stormwater permit -- general permit (Chapter 173-226 WAC);
258 (c) An NPDES permit (Chapter 90.48 RCW and Chapter 173-220 WAC).
259 .052 Manufacturing and processing of textiles including weaving cotton, synthetic, silk or wool fabrics; Imitting yarn and
260 thread mills; textile bleaching, dyeing and printing; and carpet manufacture.
261 .053 The manufacture and processing of lumber and wood including sawmills; planing mills; millwork; veneer, plywood and
262 prefabricated wood products; wooden containers and cooperage.
263 .054 The following are permitted uses except as otherwise prohibited:
264 (1) The manufacture and process of paper including pulp, paper and paperboard mills; and building paper and board mill
265 products.
266 (2) The manufacture and processing of chemicals and allied products including industrial inorganic and organic chemicals;
267 synthetic resins, rubber, fibers and plastic materials; soap, detergents and cleaning preparations; paint, linseed oil, shellac,
268 lacquer and allied products; chemicals from gum and wood; and agricultural chemicals.
269 (3) Refining and storage of petroleum and asphalt -.fossil fuels limited as follows:
270 (a) fossil fuel refineries existing legallyas s of [XXX effective date].
271 (b) fossil fuel transshipment facilities existing legally as of [XXX effective date].
272 DiscussionlNotes: Allow existing legal fossil fuel uses.
273 (4) The manufacture and processing of rubber and plastic products.
274 (5) Leather tanning and finishing.
275 (6) The manufacture and processing of cement and glass; and concrete, gypsum, plaster, abrasive, asbestos and nonmetallic
276 mineral products.
277 (7) Primary metal industries including blast furnaces and steel works; mills for primary smelting, secondary smelting,
278 refining, reducing, finishing, rolling, drawing, extruding, and casting of ferrous and nonferrous metals; and the manufacture
279 of miscellaneous metal products.
280 (8) Storage of asphalt in the Heavy Impact Industrial Zone.
281 DiscussionlNotes: Retained from (3) above in case of construction related businesses.
282 (9) The refining storage blending manufacture and transshipment of renewable fuels existing legal] as s of [XXX effective
283 date] Expansions of such existing facilities are subject to the provisions of Section 20.68.153.
284 .055 The fabrication of metal products including metal cans, hardware, hand tools, cutlery, heating apparatus, plumbing
285 fixtures, structural metal and stamping.
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286 .056 The manufacture of machinery including engines; turbines; farm machinery and equipment; construction, mining and
287 materials handling equipment; machine tools and dies; and special and general industrial equipment.
288 .057 The manufacture of electrical machinery including transmission and distribution equipment, and industrial apparatus.
289 .058 The manufacture of transportation equipment including automobiles, trucks, buses, airplanes, boat building and repair,
290 railroad equipment, bicycles and motorcycles.
291 .059 Bulk commodity storage facilities, and truck, rail, vessel and pie transshipment terminals and facilities except for
292 fossil fuel facilities or fossil fuel transshipment facilities subject to the provisions of 20.68.153. New fossil fuel storage and
293 transshipment facilities are expressly prohibited except as provided in Section 20.68.153.
294 .060 Stationary thermal power plants with generating capacity of less than 250,000 kilowatts, floating thermal power plants
295 with generating capacity of less than 50,000 kilowatts, and other power plants utilizing renewable resources from solar, wind
296 (Chapter 20.14 WCC) or water sources.
297 .061 Heavy construction contractors.
298 .062 Public uses and community facilities including police and fire stations, libraries, activity centers, community centers,
299 park and recreation facilities identified in an adopted city or county Comprehensive Plan or Park Plan, and other similar
300 noncommercial uses, excluding state education facilities and correction facilities.
301 .063 One one-story detached accessory storage building per lot; provided, that the floor area shall not exceed 200 square feet
302 and shall only be used for personal storage and not for habitation or business; and provided further, that the storage building
303 shall contain no indoor plumbing but may be served with electrical power for lighting.
304 .064 Uses allowed in the Light Impact Industrial Zone as permitted uses, WCC 2066.100, shall be permitted outright within
305 the Heavy Impact Industrial District in the Bellingham UGA.
306 .065 Trails, trailheads, restroorn facilities and associated parking areas for no more than 30 vehicles.
307 .066 Marijuana production or processing facility.
308 .081 Freight railroad switching yards and terminals, excluding uses addressed in .059.
309 .082 Marine port facilities, excluding uses addressed in .059, and excludingnew newpiers, docks, or wharves.
1
310 .085 Type I solid waste handling facilities.
311 .086 Type I1 solid waste handling facilities.
312 20.68.100 Accessory uses.
313 A 0 1 Employee recreation facilities and play areas.
314 .102 Restaurants, cafes and cafeterias operated primarily for the convenience of employees, clients and customers of the
315 district.
316 .103 Temporary buildings for construction purposes for a period not to exceed the duration of such construction.
317 .104 When auxiliary to a principally permitted use: electric utility facilities; substations; generating plants, if less than 50
318 megawatt (MW) net plant capability; gas works; sewage disposal facilities; solid waste landfills and incinerators.
319 .105 Other accessory uses and buildings, including security services, customarily appurtenant to a principally permitted use.
320 .106 On -site treatment and storage facilities for hazardous wastes associated with outright permitted uses or approved
321 conditional uses subject to the most current siting criteria under Chapter 173-303 WAC.
322 .107 Mini -day care centers, and day care centers operated by, maintained by or funded by business in the district for the
323 purpose of serving the child care needs of employees whose place of employment lies within this zone district.
324 .108 Electric vehicle rapid charging stations and battery exchange facilities.
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20.68.130 Administrative approval uses.
.131 Commercial mushroom substrate production limited to the Cherry Point Industrial Area and pursuant to the
requirements as contained in WCC 20.15.020(2) (commercial mushroom substrate production facilities). (Ord. 2006-031 §
(Exh. A), 2006).
20.68.150 Conditional uses.
The following uses require a conditional use permit in the I4II Zoning District,
152 Uses allowed in the Light Impact Industrial zone as permitted uses, WCC 20.66.100, subject to the following:
(1) Outside of the Bellingham Urban Growth Area, approval shall be supported by a finding by the hearing examiner that
allowing the use will not limit the supply of land available to meet the demand for future heavy industrial uses.
(2) Filing of a deed restriction acknowledging that heavy industrial uses are the preferred uses in the zone and agreeing not to
protest proposed heavy industrial uses allowed in the zone in accordance with Chapter 20.68 WCC, and to refrain from legal
action against any heavy industrial use in compliance with the regulations of WCC Title 20 and any conditions of approval
which might have been proposed.
151 Fxnansic)n of exictinu legal fo�-il e1.1-enewahle fuel refinery onerations and the i rimary manufacturine of nroducts
to the conditi
below:
(1) The conditional use permit approval criteria listed under WCC 20.84.220 are met;
(2) Within Shorelines if applicable County approval shall be contin e nt upon approval of a shoreline permit,•
(3) The applicant has documented to the satisfaction of the County decision maker all of the anticipated sources, types, and
volumes of substances transferred in bulk at the facility. The permit shall be limited exclusively to those types and volumes
of materials or products as documented and approved.
(4) Insurance requirements meet the provisions of WCC Section 22.05.125.'
ration or transportation impact
16.24 WCC, Commute Trip R�
fire
address risks created by expansions.
(7) Prior to issuance of any site preparation or construction permits, and prior to occupancy and/or operation of the expanded
facility, the applicant shall provide verifiable documentation to the county that the facility has been constructed consistent
with anvapplicable federal or state requirements, including but not limited to water rights and use.
(8) Plans for stormwater and wastewater releases have been approved.
(9) Prior to commencement of any site preparation or construction activities all necessary state leases shall be acquired for
any piers or aquatic lands improvements and it shall be demonstrated to the satisfaction of the zoning administrator that the
project applicant has met any federal or state permit or consultation requirements including properly addressing tribal treaty
rights or the provisions of the Magnuson Amendment through state and federal permitting decisions;
(10) Minimization of greenhouse gas emissions and inclusion of local carbon offset mitigation projects; and
11 Demonstration that the proposal will retain or add living -wage jobs or contribute to the Whatcom County economy.
.154 Treatment and storage facilities for hazardous wastes subject to the following:
(1) The -eight criteria for a conditional use listed under WCC 20.84.200.
(2) The most current state siting criteria under Chapter 173-303 WAC.
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364 (3) It shall be the responsibility of the applicant to document to the satisfaction of the approving body the anticipated sources,
365 types, volumes and final disposition of hazardous wastes to be collected and the type of treatments associated with those
366 wastes. The permit shall be limited exclusively to those types of wastes and treatments as documented and approved.
367 (4) Total off -site facility capacity shall be limited to that needed to treat and store wastes generated within Whatcom County
368 by generators requiring off -site management of hazardous wastes; provided, however, waste streams may be sourced from
369 other jurisdictions through interagency zone designation agreements as approved by the county council, not to exceed 10
370 percent of the total local hazardous waste stream.
371 (5) Prior to occupancy of the facility, the State Department of Ecology shall certify to the county that the facility has been
372 constructed consistent with state requirements.
373 (6) As a condition of approval, the applicant shall be required to keep and maintain accurate and current records of the types,
374 amounts, sources, and final disposition of hazardous wastes collected. The applicant shall provide such records annually to
375 the county, or sooner upon county request. If the facility is found to be exceeding the waste stream limitations or permit
376 restrictions, the county staff shall so report to the approving body who shall have the authority to revoke the permit,
377 following a public hearing, if the limitation has been exceeded absent an emergency situation. Any emergency must be
378 documented by county staff.
379 (7) Annual inspections of the facility shall be a minimum requirement. The applicant shall be required to forward copies of
380 all facility inspection reports to the county. If deficiencies are found, the operator shall, within 15 days, submit to the county
381 for approval an implementation schedule of corrective measures. Such schedule shall include specific completion dates and
382 inspection reporting procedures.
383 If the state does not inspect the facility within the year, the applicant shall be required to arrange and bear all costs for an
384 inspection by a qualified and independent inspection agency satisfactory to the county.
385 (8) Should the facility be found to consistently operate in a manner unsatisfactory to the county in regard to the public health
386 and safety, the permit may be revoked by the approving body following a public hearing.
387 .156 Public and private parks facilities not included in an adopted city or county Comprehensive Plan or Park Plan.
388 .157 Trailheads with parking areas for more than 30 vehicles.
389 .158 Athletic fields.
390 159 New or expansion of existing legal renewable fuel refinery perations or renewable fuel transshipment facilities subject
391 to the conditional use permit criteria identified in WCC 20.68.153 (1) to (11).
392 .180 Major passenger intermodal terminals.
393 .187 Type III solid waste handling facilities;_ provided, that:
394 (1) The facility or site will not be located within the 100-year floodplain or the Lake Whatcom watershed. The facility or site
395 will not be located within any area identified in an adopted critical areas ordinance unless outside of the floodplain and at
396 least three feet in elevation higher than the floodway elevation;
397 (2) Solid waste handling facilities shall be located at least 1,500 feet from the following:
398 (a) All zoning district boundaries, except Commercial Forestry and Industrial Zones;
399 (b) Public parks, public recreation areas, or publicly -owned wildlife areas,
400 (c) Archaeological and historical sites that are registered with the State Office of Archaeology and Historic Preservation;
401 (d) Shorelines that are within the jurisdiction of the Shoreline Management Program;
402 (e) Rivers, streams or creeks that contain documented threatened or endangered fish species;
403 (f) This 1,500-foot buffer does not apply to:
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404 (i) Structures used for offices, storage areas for equipment, and weigh scales. These facilities shall be set back from
405 the property line 100 feet or the standard zoning district setback, whichever is greater;
406 (ii) Inert landfills;
407 (3) Inert landfills shall be located at least 500 feet from the following:
408 (a) All zoning district boundaries, except Commercial Forestry and Industrial Zones;
409 (b) Public parks, public recreation areas, or publicly -owned wildlife areas;
410 (c) Archaeological and historical sites that are registered with the State Office of Archaeology and Historic Preservation;
411 (d) Shorelines that are within the jurisdiction of the Shoreline Management Program;
412 (e) Rivers, streams or creeks that contain documented threatened or endangered fish species;
413 (f) This 500-foot buffer does not apply to:
414 (i) Structures used for offices, storage areas for equipment, and weigh scales. These facilities shall be set back from
415 the property line 100 feet or the standard zoning district setback, whichever is greater;
416 (4) The facility or site will not result in filling or excavation, location of structures or buildings, driveways or machinery use
417 except for vegetation maintenance within 100 feet of any property line and except for driveways ;within 150 feet of any
418 county or state road right-of-way;
419 (5) The facility or site will have vehicular approaches designed to minimize conflict between automobile and truck traffic,
420 will maintain the carrying capacity of county roads, and will be located on a road classified as all weather, except where use
421 is shown to be intermittent and easily delayed until emergency conditions have passed;
422 (6) The facility or site has complied with the provisions of WCC'20.84.200 and all other ordinances and laws regulating solid
423 waste facilities and sites, such as but not limited to WCC Title 24, the Whatcom County SEPA Ordinance, as well as state
424 and federal regulations concerning solid waste facilities and sites;
425 (7) All landfills have a final closure plan meeting the requirements of WCC Title 24 and of Chapter 173-350 WAC, and the
426 closure plan includes:
427 (a) Reclamation in two to 10 acre increments, as appropriately responsive to the size and intensity of the particular
428 activity, with seeding to be accomplished annually but no later than September 30th; and
429 (b) Perrnanent vegetative cover that will maintain in healthy growing condition with the level of maintenance that is
430 covered through the financial assurance for post -closure activities;
431 (8) The buffer areas and visual screening shall include a minimum of 50 feet wide of landscaping meeting the requirements
432 of WCC 20.80.300 (Landscaping);
433 (9) Solid waste facilities or sites shall be located outside the 10-year time of travel boundary of a public water system's
434 delineated wellhead protection area;
435 (10) Solid waste facilities or sites that handle putrescible waste will be located at least 10,000 feet from airports serving
436 turbine -powered aircraft and at least 5,000 feet from airports serving piston -powered aircraft. These buffers shall be
437 measured from the boundary of the Airport Operations Zone or, if the airport is not within an Airport Operations Zone, from
438 the boundary of the airport property;
439 (11) In addition, the Whatcom County hearing examiner may impose conditions of approval which may be necessary to
440 protect the value and enjoyment of existing adjacent uses.
441 .188 Mitigation banks as a form of compensatory mitigation for wetland and habitat conservation area impacts when
442 permitted in accordance with the provisions of Chapter 16.16 WCC; provided, applications for mitigation banks shall be
443 processed as a major development project pursuant to Chapter 20.88 WCC.
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444 20.68.200 Prohibited uses.
445 All uses not listed as permitted, accessory, administrative approval, or conditional uses are prohibited, including but not
446 limited to the following, which are listed here for purposes of clarity:
447 .201 Reserved.
448 .202 Adult businesses.
449 .203 In the Bellingham Urban Growth Area the following uses are prohibited: petroleum refinery and the primary
450 manufacturing of products thereof, primary manufacturing and processing of rubber, plastics, chemicals, paper, asbestos and
451 products derived thereof; and primary metal industries.
452 .204 New Fossil fuel refineries and the primary manufacturing of products thereof [XXX effective date].
453 205 New Fossil fuel transshipment facilities including bulk storage or transfer facilities for fossil fuels [XXX effective
454 date .
455 .206. New piers docks or wharves in Cherry Point District.
456 DiscussionlNotes: Prohibit New Fossil Fuel Refineries. Prohibit Crude Oil and Coal Export
457 Facilities — made broader to Fossil Fuel transshipment.
458 .207 Coal-fired power plants.
459 (Ord. 2018-006 § 3 (Exh. C), 2018; Ord. 2016-011 § 1 (Exh. Q, 2016; Ord. 99-078, 1999; Ord. 99-070 § 2, 1999; Ord. 91-
460 075, 1991).
461 20.68.250 Minimum lot size.
462 The minimum lot size shall be consistent with the area required to meet the building setback, lot coverage, buffer and
463 development standards of the district. (Ord. 97-057 § 1, 1997; Ord. 96-046 §'1, 1996).
464 20.68.255 Minimum lot frontage.
465 For the purpose of dividing property, minimum'lot frontage shall be sufficient to provide adequate access and utility
466 development, and meet applicable building setback, buffer, and development standards of the district. In no case shall the
467 frontage be less than 30 feet. (Ord. 99-045,§ 1, 1999).
468 20.68.350 `'Building setbacks.
469 Building setbacks shall be administered pursuant to WCC 20,80.200, 20.80.254 and 20.68.550. (Ord. 99-078, 1999).
470 20.68.400 Height limitations.'
471 No maximum height is established; however, when a building exceeds 50 feet, the setback requirements of WCC 20.80.200
472 shall be increased by one foot for each foot of building height in excess of 50 feet, as applicable to all setbacks.
473 20.68.450 Lot coverage.
474 The maximum building or structural coverage shall not exceed 60 percent of the lot size.
475 20.68.500 Open space.
476 Repealed 1 y Ord. 97-057. (Ord. 96-046, 1996).
477 20.68.550 Buffer area.
478 .551 The industrial user shall establish a buffer for building sites adjoining the boundary of the Heavy Impact Industrial
479 District (HII), which shall be located adjacent to the district boundary. The purpose of the buffer is to optimize the visual
DRAFT August 5, 2019 Whatcom County I Fossil Fuel — Potential Code Amendments 11 14
480 appearance of the site by obscuring industrial activity from view by passing motorists, to contribute to on -site and off -site
481 impact abatement, and to move towards attaining compatibility with surrounding nonindustrial land uses and character.
482 .552 To implement the buffer requirements of this district, minimum setbacks for heavy industrial buildings and accessory
483 structures shall be established consistent with the following options:
484 (1) If a planting screen is not provided by the industrial user and no natural vegetative screening exists, the minimum
485 setback(s) shall be 660 feet, as measured from the edge of the district boundary. The setback area may be used for security
486 roads, parking, or open space.
487 (2) If natural sight -obscuring and dense vegetation exists, the minimum setback(s) shall be 250 feet, as measured from the
488 district boundary; provided, that a minimum width of 50 feet of natural vegetation is retained. The remainder of the
489 setback(s) may be used for security roads, parking, or open space.
490 (3) If a 50-foot buffer planting screen is established, pursuant to WCC 20.80.345, the minimum setback(s) shall conform to
491 the setback requirements of WCC 20.80.200, as measured from the district boundary. In addition, security roads may be
492 situated within the minimum buffer setback; provided, that the 50-foot-wide buffer planting is established.
493 (4) When a parcel situated within this district is located within the Bellingham Urban Growth Area and adjoins an Urban
494 Residential District or residential district within the city limits, setbacks for heavy industrial buildings and/or uses shall be
495 increased to 100 feet and landscaped in accordance with the requirements of WCC 20.80.345.
496 (5) In no case shall the setback from the northern and western boundaries of the Cherry Point heavy industrial area not
497 contiguous to another industrial zone be less than 660 feet, nor the natural vegetation removed except for parking and
498 security or protective uses.
499 .553 Uses other than heavy industrial will conform to the normal setback requirements as set forth in WCC 20.80.200 and
500 20.80.254(3) and the buffering requirements for light impact industrial uses WCC 20.66.551.
501 .554 If any part of said buffer area is separated from, or sold to any contiguous or adjacent owner, lessee or user, the parcel so
502 separated or sold shall be used only as a buffer area in accordance with the above requirements. (Ord. 2019-013 § 1 (Exh. A),
503 2019; Ord. 2018-006 § 3 (Exh. C), 2018; Ord. 99-078, 1999; Ord. 97-057 § 1, 1997; Ord. 96-046 § 1, 1996; Ord. 89-117,
504 1989; Ord. 87-12, 1987; Ord. 87-11, 1987).
505 20.68.600 Sign regulations.
506 Sign regulations shall be administered pursuant to WCC 20.80.400.
507 20.68.650 ` Development criteria.
508 (Ord. 96-056 Att. A § Al, 1996).
509 20.68.651 Landscaping.
510 Refer to WCC 20.80.300 for landscaping requirements. (Ord. 89-117, 1989).
511 20.68.652 Off-street, parking and loading.
512 Off-street parking and loading provisions shall be administered pursuant to WCC 20.80.500. In addition, loading areas must
513 be located in such a manner that no loading, unloading and/or maneuvering of trucks associated therewith takes place on
514 public rights -of -way.
515 20.68.653 Drainage.
516 All development activities are subject to the stormwater management provisions of WCC 20.80.630 through 20.80.635. No
517 project permit shall be issued prior to meeting those requirements. (Ord. 2019-013 § 1 (Exh. A), 2019; Ord. 96-056 Att. A §
518 A2, 1996; Ord. 94-022, 1994).
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519 20.68.654 Driveways.
520 Consistent with WCC 20.80.640, driveway plans shall be reviewed by the county engineer or State Department of
521 Transportation, as applicable. (Ord. 2013-057 § 1 (Exh. A), 2013; Ord. 84-38, 1984).
522 20.68.655 Access.
523 Access shall conform to the provisions of WCC 20.80.565 and 20.80.660. (Ord. 89-117, 1989).
524 20.68.656 Maintenance.
525 The owner, lessee or user shall be responsible for maintaining an orderly appearance of all properties, and shall be
526 responsible for assuring the care and maintenance of any natural growth, where appropriate.
527 20.68.657 Enclosure.
528 All manufacturing or fabrication processes which have the potential to produce off -site impacts of a detrimental nature,
529 including light, glare, odors and noise impacts, shall be sufficiently enclosed to mitigate the impacts. (Ord. 99-078, 1999).
530 20.68.700 Performance standards.
531 20.68.707 Pollution control and nuisance abatement.
532 Each industry is required to continuously employ the best pollution control and nuisance abatement technology when
533 reasonably and practicably available for each particular industry; provided, that where federal, state, or regional laws or
534 regulations provide for the level of technology to be employed, the appropriate standards shall apply.
535 20.68.702 Heat, light and glare.
536 All operations and facilities producing heat, light or glare, including exterior lights, shall be so constructed, screened or used
537 as to not unreasonably infringe upon the use and enjoyment of property beyond the boundaries of the district.
538 20.68703 Ground vibration.
539 No ground vibration other than that caused by highway; vehicles, trails or construction activity shall be permitted, which is
540 discernible without instruments, at or beyond the property line for the use concerned.
541 20.68.704 Odors.
542 No odors, dust, dirt, or smoke shall be emitted that are detectable, at or beyond the property lisle for the use concerned, in
543 such a concentration or of such duration as to cause a public nuisance, or threaten health or safety, or to unreasonably infringe
544 upon the use and enjoyment of property beyond the boundaries of the district. (Ord. 91-075, 1991).
545 20.68.705 Noise.
546 No use in this district shall exceed the maximum environmental noise level established by Chapter 173-60 WAC. (Ord. 91-
547 075, 1991).
548 20.68.706 Toxic gases and fumes.
549 Any release of toxic gases or fumes must be in compliance with Washington State and Northwest Air Pollution Control
550 Authority standards. (Ord. 91-075, 1991).
551 20.68.707 Liquid pollutants.
552 There shall be no off -site release to soil or surface drainage ways of water borne or liquid pollutants. (Ord. 91-075, 1991).
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20.68.708 Appearance.
New facilities developed in the Bellingham Urban Growth Area shall be designed, constructed, operated, and maintained so
as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, and such
uses shall not change the essential character of the same area. (Ord. 2018-006 § 3 (Exh. C), 2018; Ord. 99-078, 1999).
20.68.709 Marijuana odor.
For indoor facilities no odor or smoke shall be emitted that is detectable at or beyond the walls of the facility, in such a
concentration or of such duration as to cause a public nuisance, or threaten health or safety, or to unreasonably infringe upon
the use and enjoyment of neighboring use. The applicant shall install an exhaust system that is designed and constructed to
capture sources of contaminants to prevent spreading of contaminants or odors to other occupied parts of the building or
surrounding area. The system must be designed by a licensed Washington State professional engineer. ,(Ord. 2015-006 Exh.
A, 2015),
20.68.800. Fossil Fuel or Renewable Fuel Refineries or Transshipment Facilities
This section applies to fossil -fuel refineries, fossil -fuel transshipment facilities, renewable fuel_ refineries, or renewable fuel
transshipment facilities.
.80 7. Environmental Review and Greenhouse Gas Mitigation
(1) State Environmental Policy Act (SEPA) review shall be conducted consistent with WCC Chapter 16.08. Fossil fuel or
renewable fuel facility capacity expansions or fossil fuel or renewable fuel transshipment facility expansions are subject to
applicable SEPA requirements.
(2) Greenhouse gas emission analysis required:
(a) For the first expansion requiring County land use permits after the date of this ordinance, a baseline calculation
of existingfacility acility emissions of greenhouse gases shall be provided by the applicant addressing the average of the
prior three-year throughput. See facility emissions definition in WCC 20.97.124.1 for the scope and geography of
the analysis. Calculation of baseline greenhouse gas emissions shall follow the methodology used for facility
greenhouse gas reports to the State of Washington Department of Ecoloay. and to the US Environmental Protection
Agency Electronic Greenhouse Gas Reporting Tool e-GGRT), or successor state or federal emissions reporting tool
or requirements.
government reports from the refinery to federal or state agencies regarding production of the refinery or a
particular process unit to be expanded. This information shall be provided by the project applicant and
verified by the County at time of application for any land use or construction permits.
ii) For crude oil, refinery capacity is based on atmospheric Crude Distillation Capacity (barrels per
calendar day), consistent with data collected by the US Energy Information Administration. The zoning
administrator may pprove another measure of capacity or source that is consistent with (a) and (a)(i).
(b) Facility emissions, defined in WCC 20.97.124.1, shall be quantified for each expansion of refining and storage
capacity in the application for land use or construction permits and in SEPA documents analvzina the impacts of an
expanded facilit
(c) The emissions analysis shall identify how mitigation will offset grecnhouse gas cmissions generated.
(d) Calculations of the baseline facility emissions and the protected increases shall be consistent with rules and
methods adopted by the State of Washington Department of Ecology and shall include upstream greenhouse gas
emission calculations for feedstocks used in the refining process as provided in (c) below.
(e) Emissions generated upstream of the refinery facility for production and transport of raw materials used for
refinery expansions shall be quantified using the latest version of the GREET Model develo e� Argonne
National Laboratories or, for raw materials produced in Canada the latest version of the GH Genius model
developed by Canadian national agencies may be used.
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597 (f) The County may condition the permit to ensure appropriate mitigation consistent with subsection (3) and may
598 require periodic monitoring of greenhouse gas reduction measure effectiveness. Greenhouse gas mitigation proposed
599 by the permit applicant shall be additional real and quantifiable and shall not be required under any other regulatory
600 mechanism.
601 (g) Should a national or state greenhouse gas mitigation requirement be adopted that pre-empts or would cause
602 duplication through local greenhouse gas mitigation, the County may defer to the national or state program.
603 (33) Local mitigation of greenhouse gas emissions shall be required, whenever calculated greeifliouse gas emissions increase
604 above the baseline for a 3-year average (per section .801(2)ta)), after the effective date of this section [XXXI.
605 (a) The applicant shall identify local carbon offset projects includingthe he type and extent, duration, and expected
606 greenhouse gas reductions, to the satisfaction of the County's SEPA Responsible Official. Greenhouse gas
607 mitigationproposed b the lie applicant shall be additional, real and quantifiable and shall not be required under any
608 other regulatory mechanism.
609 (b) The County may, upon request by the Applicant, approve a fee in -lieu of providing a local mitigation project.
610 The County shall use collected fees in -lieu of mitigation for local greenhouse gas mitigation projects that are
611 additional real and quantifiable and not required under any other regulatoryg Ynecllanism. The in -lieu fee shall be
612 at $60 per ton of carbon based on the following document: US Environmental Protection Agency, Technical Update
613 of the Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866 (May 2013, Revised
614 August 2016). The fee shall be collected annually for the life of the fossil fuel facility or fossil fuel transshipment
615 facility.
616 (c) Should a national or state greenhouse gas mitigation requirement be adopted that pre-empts or would cause
617 duplication through local greenhouse gas mitigation, the County shall defer to the national or state program.
618 DiscussionlNote: Regarding the fee in lieu, per the US EPA, the Social cost of carbon (SC-
619 CO2) "is a measure, in dollars, of the long-term damage done by a ton of carbon dioxide
620 (CO2) emissions in a given year. This dollar figure also represents the value of damages
621 avoided for a small emission reduction (i.e., the benefit of a CO2 reduction)." See:
622 https: Z 7 9january2017snapshot.epa. gov Iclimatechange,social- cos t-carbon .html. If the
623 County wishes to increase the mitigation fee it may do so by ordinance with an
624 accompanying rationale such as inflation, updated US EPA guidance or other factors.
625 .802 Non -Capacity, Maintenance, Safety, and Environmental Improvements
626 (1) Expansions of existing legal fossil -fuel refineries, fossil -fuel transshipment facilities, renewable fuel refineries, or
627 renewable fuel transshipment facilities for non -capacity purposes are outright permitted uses. Examples of non -capacity
628 improvements include, but are not limited to:
629 (a) accessory buildings
630 (b) office spacer
631 (c) parking lots,
632 (d) radio communications facilities,
633 (e) security buildings,
634 (f) storage buildings, and
635 (g) other similar structures or activities.
636 (2) Regular eauipment maintenance. replacement, safetv upzrades, and environmental improvements are outright permitted
637 uses, but shall mitigate greenhouse gas emissions if required by CC 20.68.801
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638 CHAPTER 20.74 CHERRY POINT INDUSTRIAL (CP) DISTRICT
639 20.74.010 Purpose.
640 The purpose of the Cherry Point Industrial District is to implement the policies of the Cherry Point Major Industrial Urban
641 Growth Area section of the Whatcom County Comprehensive Plan by establishing a range of land uses and types of
642 development appropriate for the Cherry Point UGA and to encourage large scale master planning of industrial sites to
643 preserve sites of sufficient size to accommodate major port and industrial development. (Ord. 98-083 Exh. A § 57, 1998).
644 20.74.020 Applicability.
645 This chapter is applicable to the entire Cherry Point Major Industrial Urban Growth Area. (Ord. 98-083 Exh. A § 57, 1998).
646 20.74.030 Permitted uses.
647 (1) Primary permitted uses:
648 (a) Area south of Grandview: Uses shall include the range of port and large scale industrial uses allowed in the Heavy
649 Impact Industrial District, Chapter 20.68 WCC, as well as large scale high technology businesses.
650 (b) Area north of Grandview: Uses shall include the range of port and large scale industrial uses allowed in the Light
651 Impact Industrial District, Chapter 20.66 WCC.
652 (2) Secondary permitted uses shall include smaller scale industrial uses, nonretail commercial uses', and industry -related
653 professional services, provided the secondary use supports or is supported by primary permitted uses in the Cherry Point
654 Industrial Urban Growth Area. (Ord. 98-083 Exh. A § 57, 1998).
655 20.74.040 Accessory uses.
656 Accessory uses shall be the same as those permitted in the Heavy Impact Industrial District, Chapter 20.68 WCC. (Ord. 98-
657 083 Exh. A § 57, 1998).
658 20.74.050 Conditional uses.
659 Conditional uses shall be the same as those permitted in the Heavy Impact Industrial District, Chapter 20.68 WCC. (Ord. 98-
660 083 Exh. A § 57, 1998).
661 20.74.055 Prohibited uses.
662 Prohibited uses shall be the same as those prohibited in the HeavyImpact Industrial District Chapter 20.68 WCC and the
663 following:
664 (1) New piers docks, or wharves.
665 (2) Conversion of Renewable Fuel Refinery or Renewable Fuel Transshipment Facilities to fossil fuel facilities is prohibited,
666 except as allowed under WCC 20.74.115 and WCC 20.68.153.
667 20.74.060 Master site plan requirements.
668 (1) Development in the Cherry Point Industrial District requires the review and approval of a master site plan, including
669 SEPA review. Acceptable master site plans include site plans and supporting information submitted and approved for
670 applications for a building permit, a short subdivision, a preliminary plat, a binding site plan, a major project permit or a
671 planned unit development.
672 (2) The minimum area for a master site plan (planning block) shall be 160 acres, or the entire property under common
673 ownership if the common ownership is less than 160 acres.
674 (3) Each planning block shall include one lot of not less than 40 acres in size to be designated as the site for a port or major
675 industrial activity; provided, that if the planning block is 40 acres or smaller, the requirement for the major industrial site
676 shall be waived.
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677 (4) Within a planning block, one or more parcels smaller than 40 acres may be created for secondary uses
678 (5) Review and approved of a master site plan for a planning block shall be included in the approval of any building permit,
679 short subdivision, preliminary plat, binding site plan, major project permit or a planned unit development and shall be subject
680 to the same review and approval standards, including SEPA review, as the plat, binding site plan or permit. Each master site
681 plan shall identify, as appropriate, the proposed phasing of the development including the construction of public and private
682 facilities and utilities. The master site plan or supporting documentation as appropriate shall also include any mitigation
683 required under SEPA and the county critical areas ordinance. (Ord. 98-083 Exh. A § 57, 1998).
684 20.74.070 Minimum lot size and parcelization.
685 The minimum lot size in the Cherry Point Industrial District shall be 40 acres; provided, that lots less than 40 acres may be
686 permitted as follows:
687 (1) When the lots are to be located within a development approved as a major project under Chapter20.88 WCC consistent
688 with the master site plan requirements in this chapter.
689 (2) When the lots are to be located within a development approved as a planned unit development under Chapter 20.85 WCC
690 consistent with the master site plan requirements of this chapter.
691 (3) When the lots are part of a short subdivision, long subdivision or binding site plan; approved as consistent with the master
692 site plan requirements of this chapter.
693 (4) When the administrator finds that the lot(s) will be developed with a use(s) that is consistent with the intent of the district
694 and will not interfere with the development of the primary large uses intended by the Comprehensive Plan.
695 (5) When an existing lot of record is less than 40 acres, provided further division is consistent with this section. (Ord. 98-083
696 Exh. A § 57, 1998).
697 20.74.080 Design standards.
698 Unless otherwise modified by this chapter, building Height, setbacks, landscaping, open space and other building and site
699 design standards for areas south of Grandview Road shall be the same as those of the Heavy Impact Industrial District,
700 Chapter 20.68 WCC; and for the area north of Grandview Road, the same as those of the Light Impact Industrial District,
701 Chapter 20.66 WCC. (Ord. 98-083 Exh. A § 57 1998).
702 20.74.090 Traffic demand management.
703 RCW 36.70A.365 requires the implementation of traffic demand management (TDM) programs for designating a Major
704 Industrial Urban Growth Area. Any employer in the Cherry Point Urban Growth Area that employs 100 or more full-time
705 employees at a single worksite who begin their regular work day between 6:00 a.m. and 9:00 a.m. on weekdays for at least 12
706 continuous months during the year are required to meet the TDM requirements of Chapter 16.24 WCC.
707 (1) Employers located in Cherry Point who have not implemented a TDM program shall implement a TDM program by
708 December 1, 2011.
709 (2) Employers in Cherry Point meeting the criteria for having to complete a plan after December 1, 2011, shall meet the
710 requirements of this section within one year of having met the criteria. (Ord. 2009-071 § 2 (Exh. B), 2009).
711 20.74.100 Drainage.
712 All development activities are subject to the stormwater management provisions of WCC 20.80.630 through 20.80.635. No
713 project permit shall be issued prior to meeting those requirements. (Ord. 2019-013 § 1 (Exh. A), 2019).
714 20.74.1 10 Change of Use
715 A change of use occurs when the occupancy of a building or a site use changes from one use to another in whole or in part. A
716 change of use permit is required to document a change of use, even where no alterations are planned or required by the code.
717 This shall be processed as a Tvoc I permit in Chapter 22.05 WCC. The new use shall ensure:
718 (1) Applicable building and construction codes are met per Title 15:
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719 (2) Consistency with the requirements of the CP Industrial District Chanter 20.74, and base zone; and
720 (3) Transportation concurrency requirements are met per Chapter 20.78.
721 Discussion/Notes: Change of Use Provisions. Focus is on consistency with the CP district
722 where this permit applies.
723 20 74 1 15 Change of Use of Renewable Fuels Facilities.
724 A change of use of a Renewable Fuel Refinerhe
725 boundary of an existing legal fossil fuel refinery requires a conditional use permit subject to WCC 20.68.153. Other changes
726 of use from Renewable Fuel Refinery or Renewable Fuel Transshipment Facilities to fossil fuel facilities are prohibited.
727 CHAPTER 20.88 MAJOR PROJECT PERMITS
728 20.88.100 Major project permits.
729 .110 All major developments shall, prior to any construction, obtain a major project pen -nit.
730 .120 A major project permit will be required for mitigation banks proposed in accordance with the provisions of Chapter
731 16.16 WCC and for any proposed development that meets any two of the following conditions:
Cost
(estimated constriction cost exclusive $5,000,000
of land value)
Size
retail 75,000 square feet
office or industrial (gross leasable 200,000 square feet
floor space)
residential ` 300 dwelling units
motel/hotel 200 units
Number of Employees 250
SEPA Review An EIS is required
732
733 In addition, the zoning administrator may make an administrative determination after receiving a recommendation from the
734 technical review committee that any project be considered a major development, if in the opinion of the administration it is of
735 a nature that council review would be appropriate.
736 .130 Pursuant to WCC 22.05.120 the hearing examiner shall recommend to the county council project approval, approval
737 with conditions, or denial, based upon written findings and conclusions supported by the evidence of record. The hearin
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738 ( examiner's recommendation and county council 's decision shall determine the adequacy of a major project permit application
739 based on the following criteria:
740
741
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743
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(1) Will comply with the development standards and performance standards of the zone in which the proposed major
development will be located; provided where a proposed major development has obtained a variance from the development
and performance standards, standards as varied shall be applied to that project for the purposes of this act.
(2) Where the project is conditionally permitted in the zone in which it is located, the project must satisfy the standards for
the issuance of a conditional use permit for the zone in which the project is located.
(3) Will obtain if required a state aquatic lands lease and all other necessary permits and authorizations including federal
determinations that the project will not interfere with treaty fishing rights of tribal nations, the limits set forth in the
"Mannuson Amendment" under 33 U.S.C. § 476(b) (2004) Section 10 of the Rivers and Harbors Act (for structures in or
over navigable waters of the U.S.), the Coastal Zone Management Act (including any state Department of Ecology shoreline
conditional use or variance approval) the Clean Air Act and/or under the Clean Water Act including but not limited to a
federal Section 404 authorization (for fill into waters of the U.S.) and a state Section 401:water quality certification, prior to
issuance of anv site nrenaration or construction permits necessary to construct'a facility authorized under a major project
Permit.
(4) Will not substantially interfere with the operation of existing uses.
(5) Will be served by, or will be provided with essential utilities, facilities and services necessary to its operation, such as
roads, drainage facilities, electricity, water supply, sewage disposal facilities, and police and fire protection. Standards for
such utilities, facilities and services shall be those currently accepted by the state of Washington, Whatcom County, or the
appropriate agency or division thereof.
(6) Will not impose uncompensated requirements for public expenditures for additional utilities, facilities and services, and
will not impose uncompensated costs on other property owned.
(7) Will be appropriately responsive to any EIS prepared for the project.
.140 In addition, the hearing examiner may reconunend or county council may impose any reasonable conditions precedent
to the establishment of the major development as may be required to mitigate impacts of the proposal on the natural
environment of the county, and to protect the health, safety and general welfare of the people of the county consistent with
the policies for environmental; protection set forth in the Comprehensive Plan.
.150 The hearing examiner may recommend or county council may also approve alternative mitigation plans for major
project permits in accordance with WCC 16.16.260(E) which may be used to satisfy the requirements of Chapter 16.16 WCC
and provide relief from the specific standards and requirements thereof.
20.88.200 Procedure.
.205 If a major project permit is determined to be required, an application shall be completed and filed along with the
appropriate fees, and the application shall be processed in accordance with Chapter 22.05 WCC. A master plan is required as
part of the application for a major project permit. The master plan document shall include all elements required per the
department's administrative manual.
774 .210 Development Standards. The master plan may propose standards that will control development of the possible future
775 uses that are in addition to, or substitute for, requirements of this chapter. These may be such things as height limits, setbacks,
776 frontage, landscaping requirements, parking requirements, signage, view corridors or facade treatments. Proposed standards
777 that do not meet the minimum county standards must obtain the appropriate variance prior to county approval of the proposed
778 standards. If the proposed design standards will apply to property located partially or totally within an urban growth area,
779 concurrence of the affected city will be required.
780 .215 Procedures. Master plan review shall be conducted under current review procedures. Other land use reviews may be
781 conducted concurrently with the master plan review.
782 (a) Any modifications, additions or changes to an approved master plan are subject to the following
DRAFT August 5, 2019 Whatcom County I Fossil Fuel — Potential Code Amendments 11 22
783 (i) Minor changes shall be reviewed for compliance and compatibility with the approved maaaamajor project
784 e»�.
785 (aA determination is made by the director. The director is authorized to consult a technical committee at
786 his/her discretion.
787 (2) Minor changes are those amendments which may affect the dimensions_ location and type of
788 improvements of facilities; provided, the amendment maintains the basic character of the major project
789 permit application approved by the county council including general type and location of dwellings and
790 other land use activities arrangement of buildings, density of the development, and provisions of the
791 project to meet density bonus and open space requirements or capacity limits and maintains required
792 conditions or mitigation.
793 (ii) Major changes shall be subject to the original procedural application type, subject to the fees as contained in
794 the unified fee schedule.
795 nr Master � ansMa or ro ect ermits may include as a condition of their approval, a requirement for periodic
(...) rP=�n.,=gyp=��.�==�J j p L p Y pp q
796 progress reports and mandatory updates on a predetermined interval.
797 .220 through .265 Reserved.
798 .270 Where a project requires a major project permit, that project shall be exempt from the requirement of obtaining a
799 conditional use permit.
800 .275 Major project permits: Where an applicant has applied for a planned unit development or a development agreement, that
801 project shall be exempt from the requirement to obtain a major project permit except in the Cherry Point Industrial District.
802 280 Major project permits in. the Cherry Point Industrial District: where a project in the Cherry Point Industrial District
803 requires a major project permit the major project permit shall be concurrently processed with other required land use permits
804 including but not limited to: Cherry Point master site plan conditional use permit planned unit development or development
805 agreement.
806 CHAPTER 20.97 DEFINITIONS
807 DiscussionlNotes: Definitions added are based on a review of federal (US Energy
808 Information Administration, US Census, Code of the Federal Register, Revised Code of
809 Washington), County Ordinance NO.2078-007, Resolution 2019-004 and examples
810 addressed in the White Paper.
811 20.97.052.1 Change of Use
812 "Change of use" means when a building or occupancy is altered or replaced for example from nnanufacturing to office.
813 Renumber Section 20.97.052.1 Child care facilities to 20.97.052.2 Child care facilities.
814 20.97.124.1 Facility Emissions.
815 'Facility Emissions" are greenhouse gas emissions associated with fossil fuel or renewable fuel refineries or fossil or
816 renewable fuel transshipment facilities based upon:
817 (1) the transportation within the borders of Whatcom County of refined and unrefined fossil fuels to and from a facility
818 located within the Cherry Point Heavy Industrial area, and
819 (2) the refining and processing of fossil fuels located within the Cherry Point Heavy Industrial area, and
820 (3) the upstream emissions generated by the production and transport of raw products to the facility such as crude oil
821 feedstocks or other fuels used in production or energy generation at facilities.
DRAFT August 5, 2019 Whatcom County I Fossil Fuel — Potential Code Amendments 11 23
822
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20.97.160.2 Fossil Fuels.
"Fossil fuels" include coal petroleum natural gas, oil shales, bitumens, tar sands, propane, butane, and heavy oils. All
contain carbon and were formed as a result of geologic processes acting on the remains of organic matter. Renewable fuels
are not fossil fuels.
20.97.160.3 Fossil or Renewable Fuel Transshipment Facilities.
"Fossil Fuel Transshipment Facilitv" is a facility engaging in the process of off-loading of fossil or renewable fuel materials
refined or unrefined, refinery feedstocks, products or by from one transportation facility and loading it onto another
transportation facility for the purposes of transporting such products into or out of Whatcom County. Examples of
transportation facilities include ship, truck, or freight car. Fossil fuel transshipment facilities may also include pump and
compressor stations and associated facilities. This definition excludes Small Fossil or Renewable Storagc and Distribution
Facilities
20.97.160.4 Fossil -Fuel Refinery.
A "Fossil -Fuel Refinery" means a facility that converts crude oil and
limited to gasoline, distillates such as diesel fuel and heating oil, jet i
20.97.160.5 Fossil -Fuel Refinery Capacity.
iquids into petrol
rochemical feed:
)ulk storm e, mar
)le Storage and I
not
"Fossil -Fuel Refinery Capacity" means the extent of refinery production capacity in relation to storage capacity. "Storage
Capacity" is defined as total volume of all tanks at a facility and "Refining Production Capacity" is defined as the current
actual threu¢hnut averaged over the latest three-vear renortinv period prior to the date of a completed application for anv
20.97.163 Greenhouse Gas Emissions'
"Greerfliouse Gas Emissions" means gases that trap heat in the atmosphere. "Greenhouse age" "greenhouse gases," "GIIG,"
and "GHGs" includes carbon dioxide methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride
and an o� gas or gases designated by the federal clean air act (United States Code Title 42, Chapter 85). or state clean air
DiscussionlNotes: See RCW 70.235.010 and RCW 70.94.030 regarding State laws.
See also https:/ www.epa.aov/cjh pernissions/overview- greenhouse- gases.
20.97.201 Lifecycle Greenhouse Gas Emissions
"Lifecycle greenhouse gas emissions" means the aggregate quantity of greenhouse gas emissions (including direct emissions
and significant indirect emissions) related to the full fuel Lifecycle, including all stages of fuel and feedstock production and
distribution_ from feedstock veneration or extraction through the distribution and delivery and use of the finished fuel to the
potential.
DiscussionlNotes: Considers a definition under- the Clean Air Act. See:
httas: //www.epa.aov/renewable-fuel-standard-program/lifecycle-analysis-greenhouse-
gas-emissions-under--renewable-fuel and
hffr)s://www.aovinfo.covlcontentl,okcilUSCODE-201 0-title421html1USCODE-207 0-
fitle42-cha85.htm.
DRAFT August 5, 2019 Whatcom County I Fossil Fuel — Potential Code Amendments
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862
863
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870
871
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873
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879
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881
20.97.202 Living Wage
"Living wage" means the hourly_rate that an individual must earn to support their family, if they are the sole provider and are
working full-time (2080 hours per year). For the purposes of this definition family includes four individuals.
Discussion/Notes: Based on a definition published by Massachusetts Institute of
Technology. See http:,/�Iivingwage.mit.edu�counties 53073. There is a living -wage
calculator for each state and each county within. -Living wage ordinances vary in their
wage rates, and they often set the hourly wage a full-time, year-round worker must earn
to bring a family of four out of poverty. See:
http�//www.forworkingfamilies.orq�resources�policy-tools-living-wa-.,qe.
20.97. 350.1 Renewable Biomass
"Renewable biomass" includes but is not limited to the following:
(1) Planted crops and crop residue harvested from agricultural land.
(2) Planted trees and tree residue from a tree plantation.
(3) Animal waste material and animal byproducts.
(4) Slash and pre -commercial thinnings.
(5) Organic matter that is available on a renewable or recurringbasis.
6 Algae.
(7) Separated yard waste or food waste including recycled cooking and trap grease.
(R) Ite.m..- 1 thrnugh 7 inchidinn anv incidental_ de minimis contaminants that are imnract
to
882 DiscussionlNotes: Adapted from based on federal renewable fuel definition,
883 htt s: llwww.law.cornell.edu/cfi-Ztext/4OZ80.7 401.
884 20.97.350.2 Renewable Fuel
885 "Renewable Fuel" means liquid fuels produced from renewable biomass and limited in terms of blending with fossil fuels.
886 Common renewable fuels include ethanol and biodiesel:
887 (1) "E85 motor fuel" means an alternative fuel that is a blend of ethanol and hydrocarbon of which the ethanol portion is
888 nominally seventy-five to eighty-fivepercent denatured fuel ethanol by volume that complies with the most recent version of
889 American society of testing and materials specification D 5798.
890 (2) "Renewable diesel' means a diesel fuel substitute produced from nonpetroleurn renewable sources, including vegetable
891 oils and animal fats that meets the registration requirements for fuels and fuel additives established by the federal
892 environmental protection agency in 40 Code of Federal Regulations (C.F.R.) Part 79 (2008) and meets the requirements of
893 American society of testing and materials specification D 975.
894 (3) Renewable fuels shall include those designed to result in a lifecycle greenhouse gas emission reduction of at least 50% or
895 more under the Federal Clean Air Act. Renewable fuels shall not include products produced from palm oil or other
896 feedstocks that cannot be proven to reduce greenhouse gas emissions utilizing accepted methods of the Washington State
897 Department of Ecology or US EPA.
898 Discussion/Notes: A basic renewable fuel energy source is biomass. From biomass,
899 common liquid fuel forms include ethanol and biodiesel. See:
900 https://www.eia.clov/enercjyexplained/?page=renewable home.
DRAFT August 5, 2019 Whatcom County I Fossil Fuel — Potential Code Amendments 11 25
901
902
903
904
905
906
907
908
909
910
911
912
913
914
915
916
917
918
919
920
921
922
923
924
925
Washington State defines renewable diesel and E85 motor fuel in the motor fuel
quality act (Chapter 19.1 12 RCW), which are integrated in the definition.
Limiting fossil fuel percentages to 5% is workable for buses and power cars. See
http:://www.clea na i rtrust.o rcl./Dif f e rences- Between - E8 5 -and -E95 htm 1. E85 includes 15-
25% fossil fuels and is used by flexibly fueled vehicles. See
https://www.fueleconomy.gov/feg/flextech.shtmi.
Under the EPA renewable fuel standard, three of four renewable fuel categories must
meet a 50% or 60% lifecycle greenhouse gas (GHG) reduction. A fourth conventional
renewable ethanol must meet a 20% lifecycle GHG reduction. See:
https•//www epa.ciov/renewable-fuel-standard-program/overview-renewable-fuel-
standard.
20.97.350.3 Renewable Fuel Refinery
A "Renewable Fuel ltetmery" means a tacility that prod
Fossil or Renewable Storage and Distribution Facilities.
(1) Equipment used for
(2) Accessory quipmer
and that does not meet t:
transshipment facilities.
CHAPTER 22.05 PROJECT
926 22.05.020 Project permit
927 (1) Marked boxes in the table below i
928 administrative actions. The requiremc
929 through 22.05.160, as indicated. Spec
930 the table.
ble
fossil tuels or renewable fuels to an c
f fossil -fuel refinery, renewable fuel
ittee
view committee" means the designai
rector, who shall act as chairperson,
tit Director.
PERMIT PROCEDURES
newable-fuels. This df
--1 r'%:_. _:I-..4.*-- C
or fossil
ocessing table.
:ate the required general steps for processing all project permit applications or
for each step listed in the top row of the table are provided in WCC 22.05.040
requirements for each project permit can be found through the references given in
Notice of
Open
Permit
WCC
Pre-
Application
Determination
Notice of
Application
Site
Posting
Open
Record
Record
County I
Decision
Appeal Bode
Application
Reference for
Required
of Complete-
mess Required
Required
Required
Hearing
hearing
Held By:
114aker (see
(see 2.1 i.21fl4 :
22.05.160,
Processing Table
'Specific
Requirements
(see
22.05.040)
{see22.05.05fl)
{see
22.05.070)
{see
22.05.080)
Required
(see
{see
2,.,
210 11
22.05.120)
23.60,150(H))
22.05.090)
22.05.090)
Type I Applications (Administrative Decision with No Public Notice or Hearing)
Boundary Line
21.03
Administrator
Hearing
Adjustment
Examiner
DRAFT August 5, 2019 Whatcom County I Fossil Fuel — Potential Code Amendments
26
Notice of
Open
V1'CC
Pre-
Determination
Notice of
Site
Open
Record
County
Appeal Bode..
Permit
Reference for
Application
of Complete-
Application
Posting
Record
Aeai im*
b
Decision
(see 2.11.210
'
Application
Specific
Required
ness Required
Required
Required
Hearing
Held By:
Maker (see
'
22.0.5.160,
Processing Table
Requirements
(sec
(see 22.05.050)
(sec
(sec
'Required
(see
2.11.210;
23.60.150(11))
22.05.040)
22.05.070)
22.05.080)
(see '
22.05.090)
22.05.120)
22.05.090)
Building Permit
15.04
(f)
Administrator
Hearing
Examiner (i)
Natural Resource
Title 16
Administrator
Hearing
Assessment
Examiner
Change of Use,
ChWter 20.74
Administrator
Hearing
Chevy Point
Examiner
Industrial District
Commercial Site
Administrator
Hearing
Plan Review
Examiner
Exempt Land
21.03
Administrator
Hearing
Division
Examiner
Floodplain
Title 17
Administrator
Hearing
Development
Examiner
Permit
Land Disturbance
15.04 and
Administrator
Hearing
Permit
20.80
Examiner
Lot of Record/Lot
20.83 and
Administrator
Hearing
Consolidation
2097.220
Examiner
Nonconforming
20.83
Administrator
Hearing
Use
Examiner
Removal of
20.80.738(3)
Development
Moratorium
Shoreline
23.60
(a)
Administrator
Hearing
Exemption
Examiner
Zoning
2220
Administrator
Hearing
Interpretation
Examiner
Type 11 Applications (Administrative Decision with Public Notice; No Public Hearing)
Administrative
20.84.235
Administrator
Hearing
Use
Examiner
Lot Consolidation
20.83.070
Administrator
Hearing
Relief
Examiner
Reasonable Use
16.16
Administrator
Hearing
(b)
Examiner
Shoreline
23.60
(a)
Administrator
Shorelines
Substantial (c)
(d)
Hearings
Board (h)
Shoreline
23.60
(a)
Administrator
Hearing
Conditional Use
(d)
Examiner
(c)
Short Subdivision
21.04
Administrator
Hearing
DRAFT August 5, 2019 Whatcom County I Fossil Fuel — Potential Code Amendments 11 27
Notice of
Open
IiCC
Pre-
Determination
Notice of
Site
Open
Record
County
Appeal Body
Permit
Reference for
Application
of Complete-
Application
Posting
Record
Hearing
� Decision
(see:2.11.210
Application
Specific
Required'
Hess Required
Required
Required
Hearing
Held B��:
Maker (see
'
22.05.160,
Processing Table
Requirements
(see
(see 22.05.050)
{sec..
(sec
Required
(see
2i0 11 ,2..?
23.60.150(11))
22.05.t140)
22.05.070)
22.05,080)
(see
22.05.090)
22.05.12i))
22.05.090)
Examiner
Type Ill Applications (Hearing Examiner Decision with Public Notice and Public Hearing)'.
Conditional Use
20.84.200
Hearing
Hearing
Superior Court
Examiner
Examiner
Floodplain
Title 17
Hearing
Hearing
Superior Court
Development
Examiner
Examiner
Variance
Long Subdivision
21.05
Hearing
Hearing
Superior Court
Examiner
Examiner (g)
Binding Site Plan
21.07
Hearing
Hearing
Superior Court
Examiner
Examiner (g)
Reasonable Use
16.16
Hearing _ ..
Hearing
Superior Court
(e)
Examiner
Examiner
Removal of
20.80.738(2)
Hearing
Hearing
Superior Court
Development
Examiner
Examiner
Moratorium
Shoreline
23.60
(a)
Hearing
Hearing
Shorelines
Conditional Use
Examiner
Examiner (d)
Hearings
Board (h)
Shoreline
23.60
(a)
Hearing
Hearing
Shorelines
Substantial
Examiner
Examiner (d)
Hearings
Board (h)
Shoreline
23.60
(a)
Hearing
Hearing
Shorelines
Variance
Examiner
Examiner (d)
Hearings
Board (h)
Zoning or Critical
20.84.100 or
Hearing
Hearing
Superior Court
Areas Ordinance
16.16.270
Examiner
Examiner
Variance
Type IN' Applications (County Council Decision with Public Notice and Public Hearing)
Development
2.1 1.205
Hearing
County
Superior Court
Agreement
Examiner
Council
Major Project
20.88
Hearing
County
Superior Court
Permit
Examiner
Council
Planned Unit
20.85
Hearing
County
Superior Court
Development
Examiner
Council
931
932 Check marks indicate a step is required; reference letters refer to the notes in subsection (2) of this section.
933 DiscussionlNotes: Scrubbing the Existing Code for consistency with new provisions and
934 desired review process.
DRAFT August 5, 2019 Whatcom County I Fossil Fuel — Potential Code Amendments 11 28
935 22.05.1 10 Final decisions - Type I, II, and III applications.
936 (1) The director or designee's final decision on all Type I or 11 applications shall be in the form of a written determination or
937 permit. The determination or permit may be granted subject to conditions, modifications, or restrictions that are necessary to
938 comply with all applicable codes.
939 (2) The hearing examiner's final decision on all Type III applications per WCC 22.05.020 or appeals per WCC 22.05.160(1)
940 shall either grant or deny the application or appeal.
941 (a) The hearing examiner may grant Type III applications subject to conditions, modifications or restrictions that the
942 hearing examiner finds are necessary to make the application compatible with its environment, carry out the objectives
943 and goals of the comprehensive plan, statutes, ordinances and regulations as well as other official policies and objectives
944 of Whatcom County.
945 1 (b) Requirements:
946 (i) Performance bonds or other security, acceptable to the prosecuting attorney, may be required to ensure
947 compliance with the conditions, modifications and restrictions.
948 (ii) Fossil or Renewable Fuel Refinery or Fossil or Renewable Fuel Transshipment Facilities: The applicant shall
949 provide insurance or other financial assurance acceptable to the prosecuting attorney consistent with Section
950 22.05.125.
951 (c)The hearing examiner shall render a final decision within 14 calendar days following the conclusion of all testimony
952 and hearings. Each final decision of the hearing examiner shall be in writing and shall include findings and conclusions
953 based on the record to support the decision.
954 (d) No final decision of the hearing examiner shall be subject to administrative or quasi-judicial review, except as
955 provided herein.
956 (e) The applicant, any person with standing, or any county department may appeal any final decision of the hearing
957 examiner to superior court, except as otherwise specified in WCC 22.05.020. (Ord. 2019-013 § 1 (Exh. A); Ord. 2018-
958 032 § 1 (Exh. A)).
959 22.05.120 Receffiffien Recommendations and final decisions +..county ceunc;'._ Type
960 IV applications
961 (1) For Type IV, applications per WCC 22.05.020 the hearing examiner's reconunendations to the county council may be to
962 grant, grant with conditions or deny an application. The hearing examiner's recommendation may include conditions,
963 modifications or restrictions as may be necessary to make the application compatible with its environment, carry out the
964 objectives and goals of the comprehensive plan, statutes, ordinances and regulations as well as other official policies and
965 objectives of Whatcom County.
966 (2) Each recommended decision of the hearing examiner for an application identified as a Type IV application per WCC
967 22.05.020 shall be in writing to the clerk of the county council and shall include findings and conclusions based upon the
968 record to support the decision. Such findings and conclusions shall also set forth the manner in which the decision carries out
969 and conforms to the county's comprehensive plan and complies with the applicable statutes, ordinances or regulations.
970 (3) The deliberation of the county council on quasi-judicial actions shall be in accordance with WCC 22.05.090(4) and
971 Chapter 42.36 RCW.
972 (4) For planned unit developments and major project permits the following shall apply:
973 (a) The recommendation of the hearing examiner regarding planned unit developments and major project permits shall
974 be based upon the criteria set forth in WCC 20.85.335 and 20.88.130, respectively.
975 (b) The hearing examiner shall file the recommendation with the clerk of the county council within 21 calendar days
976 following the conclusion of the open record hearing.
977 (c) The county council shall conduct the following within the specified time frames, except as provided in subsection
978 (4)(c)(iii) of this section:
DRAFT August 5, 2019 Whatcom County I Fossil Fuel — Potential Code Amendments 11 29
979
980
981
982
983
984
985
986
987
988
989
990
991
992
993
994
995
996
WYA
998
999
1000
1001
1002
1003
1004
1005
1006
1007
1008
1009
1010
1011
1012
1013
1014
(i) Hold a public meeting, not an open record public hearing, to deliberate on the project application within 28
calendar days after receiving the hearing examiner's recommendation.
(ii) Issue a final written decision within 21 calendar days of the public meeting.
(iii) The county council may exceed the time limits in subsection (4)(c)(i) or (ii) of this section if the county council
meeting schedule does not accommodate a meeting within the above time frames, or if the county council makes
written findings that a specified amount of additional time is needed to process a specific application or project
type, per RCW 36.70B.080(1).
(5) The county council's final written decision may include conditions when the project is approved and shall state the
findings of fact upon which the decision is based.
(a) Performance bonds or other security, acceptable to the prosecuting attorney, ma
with the conditions modifications and restrictions.
(b) Fossil or Renewable Fuel Refinery or Fossil or Renewable Fuel Transshipment
nrnvide insurance or other financial assurance acceptable to the prosecuting attorne
(6) Any deliberation or decision of the county council shall be based solely upon consideration of the
the hearing examiner, the recommendations of the hearing examiner and the criteria set forth in eetnnt
laws and regulations county code the county comprehensive plan if applicable and the count shore
program, including but not limited to compliance with SEPA WAC 197-11 (SEPA Rules) as'adoptet
county code and the county's adopted SEPA policies. (Ord. 2018-032 § 1 (Exh. A)).
for hazards
At the time of Type I,11, III or IV applications addressing production capacity or storage tank increases at fossil fuel
refineries fossil fuel transshipment facilities renewable fuel refineries or renewable fuel transshipment facilities (Fal
the applicant shall provide proof of insurance or other financial security acceptable to the prosecuting attorney, which
include a parent company corporate guarantee to cover loss or damages to the County and to County residents from
by
expiosron spar or otner suaaen mcraent rrom operatrons Ur uie racnny ur ir(Ani LialLipaiL Ul uiaLciiaiS, 9uau-N, }nuuucLs M
waste within the boundaries of Whatcom County. This requirement shall also be met for Type I changes in use from fossil
(3) Policy Limits: Policy limits shall be no less than $100 million for each Loss / total for all Losses. The required limits may
be revised periodically by the County based on factors including inflation adjustments and Permit- or Facility -specific risks.
1015
Discussion/Note: Minimum insurance amounts could be increased, but at levels above $50
1016
million to $100 million may not be available in the insurance market. We suggest taking
1017
out the $ 7 00 million liability limit and substituting language that determines the liability
1018
limit as each permit is reviewed and made part of a development agreement. Other forms
1019
of financial assurance instruments could be allowed such as a letter of credit a parent
1020
company corporate guarantee or other financial assurance acceptable to the County
DRAFT August 5, 2019 Whatcom County I Fossil Fuel — Potential Code Amendments 11 30
1021
1022
1023
1024
1025
1026
1027
1028
1029
114191
ixi
1032
1033
1034
1035
1036
1037
1038
1039
1040
1041
1042
1043
1044
1045
1046
1047
1048
1049
1050
1051
1052
1053
1054
1055
1056
1057
1058
Prosecutor as a substitute for commercial insurance. We have included code language to
that effect in this draft. The County could also indicate that the amount of financial
assurance is to be determined at the point of an approval decision for a facility expansion
rather- than specifying an amount here.
(4) Policy Deductibles: If the Policy has a deductible, the Insurer shall be liable for the payment of amounts within any
deductible or self -insured retention amount applicable to the olicy with a right of reimbursement by the Insured for any
such payment made by the Insurer. If the Policy has a sell -insured retention (SIR) amount, the Primary Named Insured shall
declare how it intends to provide a financial assurance to the County for such SIR amount, where acceptable forms of
financial assurance are letters of credit and certificates of deposit.
5) Term and Cancellation Notice:
(a) Insurance shall be carried for the lifet
(b) Cancellation of the insurance, whethe
and obtaining insurance on behalf of the
written notice and only after the expiratic
as evidenced by the return receipt.
(6) Bankruptcy: Bankruptcy or insolvency of the 1
(7) Choice of Law and Forum: The Policy shall n(
in the event of any dispute regarding the validity c
term condition definition or provision of the Poli
(8) Insurance Company Financial Strength — Mini
A.,, ..._ A T if T)--, ,.0 cc All (T:., ,.,.11,..,s\ ...:♦1, .. .,,.., .-.,,,,
tted Facility.
the Insured, or other entity havingan insurable it
r of the Permitted Facility, will be effective only
;r a conv of such written notice is received by the
of a'
under the
of an
(ii) where allowable by law punitive exemplary, or uuultiple damages; and
(iii) civil fines, penalties, or assessments.
(c) Pollution conditions shall include discharge, dispersal, release or escape, including by fire or explosion, of alny soles
liquid gaseous or thermal irritant or contaminant including, but not limited to petroleum hydrocarbons, smoke, vapors,
soot fumes acids alkalis or other chemicals.
(d) Sudden pollution conditions may be defined by reasonable time -limits for discovery and reporting to the insurer.
(e) Transportation means movement by any vehicle or mode of transit including but not limited to automobile truck, or
watercraft as well as and is inclusive of loading temporary placement during transit prior to final deliverv, or
unloading of materials goods, products or waste, either:
(i) intended for delivery to a Permitted Facility, or
(iibeing sent from a Permitted Facility,
DRAFT August 5, 2019 Whatcom County ( Fossil Fuel — Potential Code Amendments
31
1059 CHAPTER 23.100 SHORELINE USE POLICIES AND REGULATIONS
1060 23.100.010 Shoreline use and development.
1061 Shoreline use and development shall be classified by the administrator and regulated under one or more of the following
1062 applicable sections of Chapter 23.100 WCC. Unless otherwise stated, all use and development shall also comply with all of
1063 the general policies and regulations of Chapter 23.90 WCC and, if applicable, the policies of Chapter 23.40 WCC.
WCC Table 23.100.010
Shoreline Use by Area Designation(a)
Shoreline Uses
Shoreline Area Designation
Urban
Urban
Resort
Urban
Conservancy
Shoreline
Residential
Rural
Resource
Conservancy
Natural
Aquatic (b1-
Cherry
Point
Agriculture
p(-)
I X
p(-)
P(-)
P
P
P
P(+)
X
Aquaculture
P
P(+1
P
PN
PN
P
P
P(l)
P
Commercial salmon
net pen facilities
X(!`)
X(*)
X(")
X(*)
X(')
X(*)
X(*)
X(1)
X(°)
Boating Facilities
Launch ramps
P
P
P
P
P
P
P
X(*)
P
Marinas
P
P
C
P
P
P
C
X
P
Covered over -water
structures
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
P(+)
P(+)
Commercial
Water -oriented
commercial
P
PH
CH
P
P
P(-)
C(-)
X
X(')
Non -water -oriented
commercial
C
C(-)
CH
C
C
CH
CH
X
X
Dredging
C
C
C
C
C
C
C
X(')
C('1
X(')
Essential Public Facilities
C
C
C
C
C
C
C
X
C
Flood Control and Instream Structures
P
P
P
P
P
P
P
X
P
Channelization or
dams for flood
control
P
P
X
P
C
C
X
X
P
Forest Practices
X
X
X
X
P
P
P
C
X
Industrial and Port
Existing legal fossil-
P
fuel refinery
operations or existing
DRAFT August 5, 2019 Whatcom County I Fossil Fuel — Potential Code Amendments 11 32
WCC Table 23.100.010
Shoreline Use by Area Designation(")
Shoreline Uses
Shoreline Area Designation
Urban
Urban
Shoreline
Cherry
Urban
Resort
Conservancy
Residential
Rural
Resource
Conservancy
Natural
Aquatic(b)
Point
legal fossil fuel
transshipment
facilities
Expansion of existing
C
legal fossil -fuel
refinery operations or
expansion of existing
legal fossil fuel
transshipment
facilities
New or expansion of
C
existing legal
renewable fuel
refinery operations or
renewable fuel
transshipment
facilities
Water -oriented
P
X(,)
X
X
P(-)
PH / C
X
X
P/ CH
P(-)N
industrial and port
development
Non -water -oriented
C
X
X
X
C
CH
X
X
X
X
industrial and port
development
Dams, diversion and
C
X
C
C
C
C
C
X
P
tailrace structures for
hydroelectric power
generation
Institutional
C
C
C
C
C
C
C
X
X
X
Landfill and Excavation
P
P
P
P
P
P
P(-) / C
X(`)
C(-) / X
X(`)
Mining
X
X
X
X
C
C
C
X
CH / X
Surface oil or gas
X
X
X
X
X
X
X
X
X
X
drilling
Moorage: Docks, Piers and Mooring Buoys
Private and shared
P
C
P(") / C(")
P
P
P
PH / C(-)
X(*)
P
moorage
Public moorage
C
C
C
C
C
C
C
X(`)
P
Commercial moorage
C
Xl`)
C
C
C
C
C
X(')
P
Industrial moorage
C
X
X
X
C
C
X
X(*)
P
Existing:
PH)
New: X
DRAFT August 5, 2019 Whatcom County I Fossil Fuel — Potential Code Amendments 11 33
WCC Table 23.100.010
Shoreline Use by Area Designation(')
Shoreline Uses
Shoreline'Area Designation
Urban
Urban
Shoreline
Cherry
Urban
Resort
Conservancy
Residential
Rural
Resource
Conservancy
Natural
Aquatic(')
Point
Covered moorage
C
C
X
C
X
X
X
X
P
C
accessory to
permitted moorage
Float plane moorage
C
C
C
C
C
C
C
X
P
accessory to
permitted moorage
Recreational
Water -oriented
P
P
P(+)(-)
P
P
P('.)
P(+)(-)
P(')(-)
P C(-)
PM H
recreation
Residential
P
P
P(-) / C
P
P
P(+)(-)
PH / C
C(+)(-) /
X
X
Restoration and Enhancement
P
P
P
P
P
P
P
P
P
P
Shoreline Stabilization
Groins
C
C
X
C
C
C
X
X
C
X
Breakwaters and
C
C
CN(-)
C
C
C
CN(-)
X
C
C(+)(-)
jetties
Bulkheads and
C
C
C
C
C
C
C
X
X(x)
C
revetments
Bioengineering
P
P
P
P
P
P
P
PH
P(')
P
approaches
Signs
P
P
P
P
P
P
P
X(`)
POW)
P
Transportation
P
P
PH
P
P
P
P(-)
XM
P(-) / CH
P(-)
Transportation
C
C
X
C
C
C
X
X
C
X
facilities not serving
a specific approved
use
Utilities
Local distribution
P
P
P(-) / C
P
P
P
PO / C
XM
P(-)(T) /
P(- N
facilities
C-) / X
Regional
C
C
C
C
C
C
C
X
C-) / X
C
transmission
facilities
Desalinization
C
C
C
C
C
C
C
X
P(-)
P(-)
facilities
1064 P Permitted, may be subject to policies and regulations of this program and subject to shoreline substantial development
1065 permit requirements.
DRAFT August 5, 2019 Whatcom County I Fossil Fuel — Potential Code Amendments 11 34
1066 C = Shoreline conditional use, subject to policies and regulations of this program and may be subject to shoreline substantial
1067 development permit requirements.
1068 X -_ Prohibited.
1069 N/A — Not applicable.
1070 (-) Subject to limitations.
1071 (_l) Subject to conditions
1072 (') Subject to exceptions
1073 (a) In the event that there is a conflict between the use(s) identified in Table 23.100.010 and the policies or regulations in
1074 Chapters 23.30, 23.90, or 23.100 WCC, the policies and regulations shall apply.
1075 (b) Aquatic: Water -dependent use only, subject to the use and development regulations of the abutting upland shoreline area
1076 designation.
1077 (Ord. 2014-051 § 3; Ord. 2009-13 § I (Exh. 1)).
1078
1079 23.100.170 Cherry Point management area.
1080 A. Policies.
1081 1. Purpose and Intent.
1082 a. The purpose of the Cherry Point management area is to provide a;regulatory framework that recognizes and
1083 balances the special port, industrial and natural resource needs associated with the development of this marine
1084 resource. This section identifies policies and regulations for water -dependent industrial activities that apply in
1085 addition to specific other elements of this program as referenced herein.
1086
1087
1088
1089
1090
1091
1092
1093
1094
1095
1096
1097
1098
1099
1100
1101
1102
1103
1104
1105
1106
1107
1108
b. Washington State natural resource agencies and Whatcom County have identified certain portions of the Cherry
Point management area as providing herring spawning habitat and other key habitat characteristics that warrant
special consideration due to their importance to regional fisheries and other elements of the aquatic environment.
c. Development of the Cherry Point major port/industrial urban growth area will accommodate uses that require
marine access for marine cargo transfer, including oil and-ethe-r--matefia s-. her-this-+e-ason, wate+.
iii. It is the policy of Whatcom County to limit the number of industrial piers at Cherry Point to the existing
three piers in operation or approved as of January 1, 1998, taking into account the need to:
• Act conservatively in land use matters at Cherry Point to prevent further harm to habitat important to the
Cherry Point Herring stock and Southern Resident Killer Whales;
• Optimally implement the Shoreline Master Program poliregarding shorelines of statewide significance
per WCC 23.40;
• Encourage the continued County use of best available science;
DRAFT August 5, 2019 Whatcom County I Fossil Fuel — Potential Code Amendments
35
1 109 • Support and remain consistent with the state Department of Natural Resources' withdrawal of Cherry
1 1 10 Point tidelands and bedlands from the general leasing program and the species recovery goals of the Cherry
1 1 1 1 Point Aquatic Reserve designation and Management Plan;
1 1 12 • Recognize federal actions upholdingtreaty reaty rights;
1 1 13 • Protect traditional conuuercial and tribal fishing; and
1114 • Prevent conflicts with vessel shipment operations of existing refineries that could lead to catastrophic oil
1115 or fuel spills.
1 1 16 d. Whatcom County should ensure that shoreline development applicants demonstrate conformance with the State
1 1 17 of Washington Department of Natural Resources Cherry Point Aquatic Reserve Management Plan.
1118 e. All development that is to be located within the Cherry Point management area, as definedin Chapter 23.110
1 1 19 WCC, shall be subject to the policies and regulations found in this section, and shall not be subject to the policies
1120 and regulations found in WCC 23.100.010 through 23.100.160, nor Chapter 23.90 WCC, unless otherwise
1121 referenced in this section. The policies and regulations found in this section are applicable only within the
1122 geographic boundaries of the Cherry Point management area and do not apply elsewhere in the county. In the event
1123 that the provisions of this section conflict with other applicable referenced provisions of this program, the policies
1 124 and regulations that are most protective of shoreline resources shall prevail.'
1125 Discussionl Notes. Above amendments are similar to those in the Comprehensive Plan
1126 policy changes.
1127 2. Water -Dependent Industrial Development. Only water -dependent facilities_ that serve industrial facilities should be
1128 allowed in the Cherry Point management area. Industry within the major port/industrial urban growth area, as designated
1 129 in the County Comprehensive Plan, which is not water -dependent should locate away from shoreline jurisdiction.
1 130 3. Multiple Use Facilities. Facilities that allow for multiple use of piers, cargo handling, storage, parking and other
1 131 accessory facilities are encouraged.
1132 4. Public Access.
1133 a. Where appropriate, industrial and port development within the Cherry Point management area should provide
1134 public beach and shoreline access in a manner that does not cause interference with facility operations or present
1 135 hazards to life and property. This may be accomplished through individual action or by joint, coordinated action
1 1 36 with other developers and landowners, for example, by setting aside a common public access area.
1 137 b. Special emphasis should be given to providing public beach and shoreline access for recreational opportunities
1 138 including but not limited to crabbing, small craft launching, surf fishing, picnicking, clamming, and beach walking.
1139 c. Public access within the Cherry Point management area should be consistent with the Whatcom County Parks
1 140 and Recreation Open Space Plan.
1 141 5. Shoreline Ecological Functions and Processes. In recognition of the diverse and vital ecological resources in the
1 142 Cherry Point management area, consideration of probable effects of all development proposals on shoreline ecological
1 143 functions and processes should be assessed with the other long-term statewide interests. New port development that
1 144 requires dredge and fill should not be permitted in the Cherry Point management area due to potential adverse effects on
1 145 ecological functions, including fish and shellfish habitat and geohydraulic processes.
1146 6. Aesthetics. All development should be designed to avoid or minimize negative visual impacts on the scenic character
1 147 of the area and to ensure visual compatibility with adjacent nonindustrial zoned properties.
1 148 7. Site Development. All development should be constructed and operated in a manner that, while permitting water-
1 149 dependent uses, also protects shoreline resources, their ecological functions and processes, and that incorporates the
1150 following:
1151 a. Low impact development approaches to avoid or minimize adverse impact to topography, vegetation, water
1 152 quality, fish and wildlife habitat, and other natural site conditions;
DRAFT August 5, 2019 Whatcom County I Fossil Fuel — Potential Code Amendments 11 36
1 153 b. Adequate temporary and permanent management measures to control erosion and sediment impacts during
1 154 construction and operation; and
1155 c. Adequate stormwater management facilities.
1156 DiscussionlNotes: Be consistent with Comprehensive Plan Policies. Prohibit New Docks and
1 157 Piers.
1 158 B. Regulations.
1159 1. Allowed Use.
1 160 a. Water -dependent industrial and port uses are allowed within the Cherry Point management area; provided, that
1 161 specific findings are made in a shoreline substantial development permit or conditional use permit that:
1162 i. Policies for optimum implementation of the statewide interest have been achieved through protection of
1163 shoreline ecological functions and processes;
1 164 ii. The long-term statewide benefits of the development have been considered with the potential adverse impacts
1 165 on ecological functions; and
1 166
iii. Proposed mitigation measures to achieve no net loss of ecological functions and processes are incorporated
1167
in the proposal.
1168
b. Fuel Uses — Shoreline Permits and Requirements:
1 169
i. Existing legal fossil or renewable fuel refinery operations orexisting legal fossil or renewable fuel
1 170
transshipment facilities [as of XXX effectivedate] are considered permitted shoreline substantial
1 171
developments.
1 172
ii. Expansions of existing legal fossil -fuel refineries or expansions of existing legal fossil -fuel
1 173
transshipment facilities shall require a shoreline conditional use permit.
1 174
iii. New or expansion of existing legal renewable fuel refinery or renewable fuel transshipment facilit
1175
shall require a shoreline conditional use permit.
1 176
c. Water -related and water -enjoyment uses are allowed only as part of public access and public recreation
1 177
development,' subject to the findings in subsection (13)(1)(a) of this section.
1 178
ed. Accessory development, which does not require a shoreline location in order to cant' out its support functions,
1179
shall be sited away from the land/water interface and landward of the principal use. Accessory development shall
1 180observe
critical area buffers in Chapter 16.16 WCC. Accessory development includes, but is not limited to,
1 181
parking, warehousing, open air storage, waste storage and treatment, stormwater control facilities, utility and land
1 182
transport development.
1183
de. Road, railway and utility facilities serving approved waterfront facilities related to water -dependent uses that
1 184
are located and designed to minimize shoreline alteration are permitted.
1 185
€f. Waste water disposal/treatment facilities for storage or disposal of industrial or domestic waste water are
1 186
prohibited, except that elements such as conveyances and outfalls shall be allowed if alternate inland sites have
1 187
been demonstrated to be infeasible. Waste water conveyance systems for ships at berth shall be permitted.
1188 Discussion/Notes: Consistency with Zoning Code changes.
1 189 2. Public Access.
1190 a. Public access shall be provided in accordance with WCC 23.90.080 unless it is demonstrated that public access
1 191 poses significant interference with facility operations or hazards to life or property.
1 192 b. If public access meeting the criteria above is demonstrated to be infeasible or inappropriate, alternative access
1 193 may be provided in accordance with WCC 23.90.080 at a location not directly adjacent to the water such as a
DRAFT August 5, 2019 Whatcom County I Fossil Fuel — Potential Code Amendments 11 37
1 194 viewpoint, observation tower, or other areas serving as a means to view public waters. Such facilities may include
1 195 interpretive centers and displays that explain maritime history and industry; provided, that visual access to the
1 196 water is also provided.
1 197 c. As an alternative to on -site public access facilities, public access may be provided in accordance with a public
1 198 access plan adopted as an element of the Whatcom County Parks and Recreation Open Space Plan.
1 199 3. Critical Areas. In addition to meeting the provisions of WCC 23.90.030, Ecological protection and critical areas,
1200 development and alteration shall not be located or expanded within critical areas designated pursuant to Chapter 16.16
1201 WCC except where the site is approved for water -dependent use, and the following are met:
1202 a. Mitigation to achieve no net loss of ecological functions and processes shall be conducted in accordance with
1203 WCC 23.90.030.
1204 b. Development and alteration shall not be allowed in wetlands in the backshore area. Upland development shall
1205 demonstrate that changes in local hydrology will not decrease the viability of the wetland environment nor degrade
1206 the existing water quality within the wetland.
1207 c. The minimum required setback from the OHWM for all industrial and port facilities, including development
1208 components, which do not require a water's edge or water surface location shall be 150 feet; provided, that bluffs
1209 and banks greater than 10 feet in height and sloping greater than 30 percent and wetland shorelines` shall have such
1210 setbacks measured from the crest of the bank or the edge of the wetland in addition to the OHWM.
1211 d. Development and alteration other than recreation development for public and quasi -public shoreline access is
1212 prohibited on the accretion shoreforms identified on the map in Appendix C of this title, subject to the regulations
1213 in this section and consistent with the conservancy and aquatic shoreline area designation policies and regulations
1214 of Chapters 23.90 and 23.100 WCC; provided, that lawfully' established uses or developments may be maintained
1215 subject to the provisions of WCC 23.50.070.
1216 4. Location and Design.
1217 a. Piers.
1218 i. Piers shall be designed to accommodate only the necessary and intrinsic activities associated with the
1219 movement of material and cargo from land to water and water to land. The length of piers shall not extend
1220 beyond that which is necessary toaccommodate the draft of the vessels intending to use the facility. Due to the
1221 I environmental sensitivity of the area, Whatcom County shall limit the number of piers to one pier-, in addition to
1222 those in operation as of January 1, 1998.
1223 ii. Piers shall be designed to minimize interference in the intertidal zone and adverse impacts to fish and wildlife
1 224 habitats.
1225 iii. Piers shall be designed to minimize impacts on steep shoreline bluffs.
1226 iv. All pilings in contact with water shall be constructed of materials such as concrete, steel, or other materials
1227 that will not adversely affect water quality or aquatic plants or animals. Materials used for decking or other
1228 structural components shall be approved by applicable state agencies for contact with water to avoid discharge
1229 of pollutants from wave splash, rain, or runoff. Wood treated with creosote, copper chromium arsenic or
1230 pentachlorophenol is prohibited; provided, that replacement of existing wood pilings with chemically treated
1231 wood is allowed for maintenance purposes where use of a different material such as steel or concrete would
1232 result in unreasonable or unsafe structural complications; further provided, that where such replacement exceeds
1233 20 percent of the existing pilings over a 10-year period, such pilings shall conform to the standard construction
1 234 provisions of this section.
1235 v. All piers on piling structures shall have a minimum vertical clearance of one foot above extreme high water.
1236 vi. Bulk storage of gasoline, oil and other petroleum products for any use or purpose is not allowed on piers,
1237 except for temporary storage under emergency situations, including oil spill cleanup. Bulk storage means
1238 nonportable storage in fixed tanks. Secondary containment shall be provided for portable containers.
DRAFT August 5, 2019 Whatcom County I Fossil Fuel — Potential Code Amendments 11 38
1239 vii. All piers shall be located and designed to avoid impediments to navigation and to avoid depriving other
1240 properties of reasonable access to navigable waters. All piers shall be marked with navigational aids and
1241 approved for compliance with U.S. Coast Guard regulations.
1242 b. Dredging.
1243 i. Dredging to accommodate water access to, or construction of, new development is prohibited. New
1244 development shall be located and designed to avoid the need for dredging. Dredging for existing development
1245 shall be the minimum necessary and shall minimize interference in the intertidal zone and impacts to fish and
1246 wildlife habitats.
1247 ii. Dredging operations, including spoil disposal, shall be conducted in accordance with policies and regulations
1248 in WCC 23.90.120(B)(4) and (5), Dredging.
1249 iii. Dredging is prohibited in the accretion shoreform and backshore wetland areas described in Appendix C of
1250 this title.
1251 c. Landfill is prohibited, except for the minimum necessary to access piers or other structures that; provide access to
1252 the water. Pier design should accommodate the cormection between the pier and uplands by employing a pile-
1253 supported structure to the point of intersection with stable upland soils. Limited landfill may be allowed for pier
1254 access that does not extend further toward the OHWM than existing topography.
1255 d. Excavation/Stabilization.
1256 i. Excavation/stabilization of bluffs is prohibited, except for the minimum necessary to access piers or other
1257 structures that provide access to the water; provided, that active feeder bluffs shall not be altered if alteration
1258 will adversely affect the existing littoral drift process. New development shall avoid, rather than modify, feeder
1259 bluffs.
1260 ii. Excavation/stabilization is prohibited on accretion shoreforms and in wetlands in the backshore area.
1261 e. Shore defense works shall be regulated in accordance with WCC 23.100.130, Shoreline stabilization, and be
1262 consistent with the conservancy and aquatic shoreline area regulations of that section.
1263 5. Adjacent Use.
1264 a. New or expanded port or industrial development adjacent to properties which are zoned for nonindustrial
1265 put -poses shall provide setbacks of adequate width, to attenuate proximity impacts such as noise, light and glare;
1266 and may address scale and aesthetic impacts. Fencing or landscape areas may be required to provide a visual
1267 screen.
1268 b. Exterior lighting shall be designed and operated to avoid illuminating nearby properties zoned for nonport or
1269 nonindustrial put -poses so as to not unreasonably infringe on the use and enjoyment of such property, and to prevent
1270 hazards for public traffic. Methods of controlling illumination of nearby properties include, but are not limited to,
1271 limits on height of structure, limits on light levels of fixtures, light shields and screening.
1272 c. The minimum setback from side property lines which intersect the OHWM for industrial and port development
1273 shall be 60 feet; provided, that:
1274 i. The side yard setback shall not apply to utility or security structures such as poles, meters, fences, guard
1275 houses, power vaults or transformers; and
1276 ii. The side yard setbacks for parcels adjoining the NW and SE boundaries of the Cherry Point management
1277 area shall be administered in accordance with WCC 20.68.550 (Buffer Area).
1278 d. Required setbacks shall not be used for storage of industrial equipment or materials, or for waste disposal, but
1279 may be used for public access or outdoor recreation.
1280 6. Oil and Hazardous Materials.
1281 a. Release of oil or hazardous materials on shorelines is prohibited.
DRAFT August 5, 2019 Whatcom County I Fossil Fuel — Potential Code Amendments 11 39
1282 b. A management plan shall be developed for new permitted or conditionally permitted development for the safe
1283 handling of cargo, fuels, bilge water, and toxic or hazardous materials to prevent them from entering aquatic
1284 waters, surface or ground water. Specific provisions shall address prompt and effective clean-up of spills that may
1285 occur. Management plans shall be coordinated with state or federal spill response plans. Where a spill
1286 management/response plan has been approved by the state, said plan may be used to satisfy the requirements of this
1287 section.
1288 c. Necessary spill containment facilities associated with existing development may be permitted within shoreline
1289 jurisdiction where there are no feasible alternatives.
1290 7. Recreational Development. All recreational development shall comply with the policies and regulations of WCC
1291 23.100.100 and be consistent with the conservancy and aquatic shoreline area regulations of that section.
1292 8. Archaeological, Historic and Cultural Resource Management. All development associated with archaeological,
1293 historic or cultural site activities shall comply with the policies and regulations of WCC23.90.070. (Ord. 2014-051 §§ 5,
1294 6; Ord. 2009-13 § 1 (Exh. 1)).
1295 CHAPTER 23.1 10 DEFINITIONS
1296
1297
1298
1299
1300
1301
1302
1303
1304
1305
1306
1307
1308
1309
1310
1311
1312
1313
1314
1315
DiscussionlNotes: Definitions added are based on a review of federal (US Energy
Information Administration, US Census, Code of the Federal Register, Revised Code of
Washington), County Ordinance NO. 20 7 8-007, and examples addressed in the White
Paper. See also notes under Zoning Code definitions.
23.1 10.060 F definitions.
27. "Fossil fuels" include coal, petroleum, natural gas, oil shales, bitumens, tar sands, propane, butane, and heavioils. All
contain carbon and were formed as a result of aeologic processes actine on the remains of oreanic matter. Renewable fuels
R
limited to gasoline, distillates such as diesel fuel and heating oil, jet fuel, petrochemical feedstocks, waxes, lubricating oils,
and asphalt. Activities that support refineries include but are not limited to: bulk storage manufacturing, or processing of
fossil fuels or by products. This definition excludes Small Fossil or Renewable Fuel Storage and Distribution Facilities.
DiscussionlNotes: Consistency with Zoning Code changes.
23.1 10.090 1 definitions.
1316 4. "Industrial development" means facilities for processing, manufacturing, and storage of finished or semi -finished goods,
1317 including but not limited to-e0, metal or mineral product refining, power generating facilities, including hydropower, ship
1318 building and major repair, storage and repair of large trucks and other large vehicles or heavy equipment, related storage of
1319 fuels, commercial storage and repair of fishing gear, warehousing, construction contractors' offices and material/equipment
1320 storage yards, wholesale trade or storage, and log storage on land or water, together with necessary accessory uses such as
1321 parking, loading, and waste storage and treatment. Excluded from this definition are mining, including on -site processing of
1322 raw materials, and off -site utility, solid waste, road or railway development, and methane digesters that are accessory to an
1323 agricultural use. This definition excludes fossil or renewable fuel refineries or transshipment facilities.
1324 DiscussionlNotes: Consistency with Zoning Code changes.
DRAFT August 5, 2019 Whatcom County I Fossil Fuel — Potential Code Amendments
40
1325
1326
1327
1328
1329
1330
1331
1332
1333
1334
1335
1336
1337
1338
1339
1340
1341
1342
1343
1344
1345
1346
1347
1348
1349
1350
1351
1352
1353
1354
1355
1356
1357
1358
1359
1360
1361
1362
23.1 10.150 O definitions.
2. "Oil" means petroleum or any petroleum product in liquid, semi -liquid, or gaseous form including, but not limited to,
crude oil, fuel oil, sludge, oil refuse and oil mixed with wastes other than dredging spoil. See Fossil Fuels.
DiscussionlNotes: Consistency with Zoning Code changes.
23.1 10.160 P definitions.
10. "Port development" means public or private facilities for transfer of cargo or passengers from water -borne craft to land
and vice versa, including, but not limited to: piers, wharves, sea islands, commercial float plane moorages, offshore loading
or unloading buoys, ferry terminals, and required dredged waterways, moorage basins, and equipment for transferring cargo
or passengers between land and water modes. Excluded from this definition and addressed elsewhere are airports, marinas,
boat ramps or docks used primarily for recreation, cargo storage and parking areas not essential for port operations, boat
building or repair. The latter group is considered industrial or accessory to other uses. This definition excludes fossil or
renewable fuel transshipment facilities.
Discussion/Notes: Consistency with Zoning Code changes.
2 3.110.180 R definitions.
6. "Renewable biomass" includes but is not limited to the following:
(1) Planted crops and crop residue harvested from agricultural land.
(2) Planted trees and tree residue from a tree plantation.
(3) Animal waste material and animal byproducts.
(4) Slash and pre -commercial thinnings.
(5) Organic matter that is available on a renewableoi
6 Algae.
Urscussion/Notes: Consistency with Lonmg Lode changes.
7. "Renewable Fuel" means liquid fuels produced from renewable biomass and limited in terms of blending with fossil f
Common renewable fuels include ethanol and biodiesel:
(1) "E85 motor fuel' means an alternative fuel that is a blend of ethanol and hydrocarbon of which the ethanol
nominally seventy-five to eighty-five percent denatured fuel ethanol by volume that complies with the most re
American society of testinf, and materials specification D 5798.
(2) "Renewable diesel' means a diesel fuel substitute produced from nonpetroleum renewable sources, including ve etg able
oils and animal fats that meets the registration requirements for fuels and fuel additives established by the federal
environmental protection agency in 40 Code of Federal Regulations (C.F.R.) Part 79 (2008) and meets the requirements of
American society of testing and materials specification D 975.
(3) Renewable fuels shall include those designed to result in a lifccycic greenhouse gas emission reduction of at least 50% or
more under the Federal Clean Air Act. Renewable fuels shall not include products produced from palm oil or other
feedstocks that cannot be proven to reduce greenhouse gas emissions utilizing accepted methods of the Washington State
Department of Ecology or US EPA.
DRAFT August 5, 2019 Whatcom County I Fossil Fuel — Potential Code Amendments 11 41
1 363 8. A "Renewable Fuel Refinery" means a facility that processes or produces renewable fuels. This definition excludes Small
1 364 Fossil or Renewable Fuel Storage and Distribution Facilities.
1365 23.1 10.190 S definitions.
1366 22.1 "Small Fossil or Renewable Fuel Storage and Distribution Facilities" means:
1367 (1) Equipment used forpurposes of direct sale or distribution to consumers of fossil fuels or renewable fuels or
1368 (2) Accessory equipment that supplies fossil fuels or renewable fuels to an onsite allowed commercial or industrial operation.
1369 and that does not meet the definitions of fossil fuel or renewable refinery or transshipment facilities.
1370 DiscussionlNotes: Consistency with Zoning Code changes.
1371
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