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Packet Mar 17 2009
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-138 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Nat. Resources Originator: March 2, 2009 FR-�CC EJV I�D Mar 17, 2009 Comm/Council Division Head: MAR 0 9 2009 WHATCOPV COUNTY COUNCIL Dept. Head: W -0 Prosecutor: — �� Purchasing/Budget: Executive 3�J TITLE OF DOCU ENT: Resolution Affirming the PDR Oversight Committee Ranking and Authorizing Whatcom County Purchase of Development Rights Administrator and Whatcom County Executive to Proceed with the Acquisition Process For Round 7 Applications ATTACHMENTS. Resolution, Memo, Purchase of Development Rights Round 7 Applicant Ranking list (Exhibit 1), and background materials SEPA review required? ( ) Yes ( x) NO Should Clerk schedule a hearing? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action) As required by the WCC 3.25A - Purchase of Agricultural Development Rights Ordinance, applications submitted by landowners interested in participating in the PDR program were reviewed for program eligibility and ranked pursuant to the PDR Guidelines Document Ranking Criteria by the PDR Oversight Committee. The ranking by the PDR Oversight Committee (performed at their meeting on February 6) is now being submitted to Council. County Council needs to review the ranking as submitted by the Oversight Committee and affirm or modify that ranking list and authorize the PDR Administrator and County Executive to proceed with the acquisition process. COMMITTEEACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us/council. P ' r-om CO WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226-9097 360-676-6907, TTY 800-833-6384 360-738-2525 Fax MEMORANDUM TO: Whatcom County Council Members Pete Kremen, Whatcom County Executive THROUGH: David Stalheim, Director` FROM: Wain Harrison, Long Range Planning Supervisor Samya Lutz, Planner DATE: March 2, 2009 David Stalheim Director J.E. "Sam" Ryan Assistant Director MAR 6 2009 PETE KREMEN COUNTY EXECUTIVE RE: Agricultural Purchase of Development Rights, Round 7 Ranking Enclosed is information on the Purchase of Development Rights Oversight Committee's ranking of applications submitted during Round 7 of the agricultural PDR program. As in previous years, the PDR Oversight Committee has reviewed and ranked the applications based on the specific criteria included in the PDR Guidelines documents. Seven applications totaling 615 acres are now under consideration. The group of applicant properties is comprised of acreage in Rural 5 Acre, Rural 10 Acre, and Agricultural zoning districts. Please review the attached resolution and ranking recommendations. The PDR Oversight Committee looks primarily at soils and location in their review. Council may want to consider additional factors in their final ranking approval. Once affirmation of the resolution adopting ranking of Round 7 properties is complete, staff will continue evaluating properties for purchase through due diligence and valuation activities. The resolution also requests authorization for the Executive to enter into Purchase and Sale Agreements with landowners, provided the landowners agree with the offer price and conservation easement conditions, and matching funds are committed from federal or state partner agencies. Enabling this activity up -front will allow staff to focus on conducting due diligence activities, including appraisals, and purchase and sale agreement negotiations, without unnecessary delays. Supplemental budget appropriation requests, if proposed, will come before Council for approval before proceeding with individual easement purchases. Please contact Samya Lutz at extension 51072, if you have any questions or concerns regarding the enclosed materials. 2 SPONSORED BY: PROPOSED BY: Planning INTRODUCTION DATE: RESOLUTION # AFFIRA/IING THE PDR OVERSIGHT COMMITTEE RANKING AND AUTHORIZING WHATCOM COUNTY PURCHASE OF DEVELOPMENT RIGHTS ADMINISTRATOR AND WHATCOM COUNTY EXECUTIVE TO PROCEED WITH THE ACQUISITION PROCESS FOR ROUND 7 APPLICATIONS WHEREAS, Whatcom County government recognizes agriculture as a major contributor to the local economy and a high quality of life for Whatcom County citizens; and WHEREAS, The Growth Management Act and the County Comprehensive Plan support the retention of agricultural lands of long term commercial significance and encourage the use of innovative techniques to do so; and WHEREAS, Ordinance #92-002 enacted a property tax levy known as the Conservation Futures Tax as authorized by RCW 84.34.230 to provide a funding source to assist in acquiring "open space land, farm and agricultural land, and timber land;" and WHEREAS, Ordinance #2002-054 authorized the creation of a Purchase of Development Rights program for agricultural land within Whatcom County, and WHEREAS, Ordinance #2002-054 established a Purchase of Development Rights Oversight Committee to provide review and assistance to the PDR Administrator, and WHEREAS, Resolution No # 2002-040 adopted the PDR Guidelines Document which includes specific direction for program administration and conservation easement acquisitions, and WHEREAS, The Purchase of Development Oversight Committee met on February 6, 2009 to develop a ranking of all applications received during Round 7 and forwarded that ranking to Council; and WHEREAS, Council, pursuant to PDR Guidelines Document, must affirm or modify the properties as submitted by the PDR Oversight Committee, and WHEREAS, Council has reviewed the application ranking and background materials at a public meeting, and WHEREAS, Council concurs with the ranking and finds that the ranking complies with the requirements of Title 3.25A and the PDR Guidelines Document. IAPlanning Dwision\Long Range Planning\1 PDR Program\Applicants 2008\2-Ranking\Council ranking\Ranking Resolution Round 7-2009.doc 3 NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that: 1. The PDR Oversight Committee and Administrator proceed with the acquisition of conservation easements in the order of the approved ranking (Exhibit 1) pursuant to the process outlined in the PDR Guidelines Document. 2. Expenditure of Conservation Futures Funds are authorized to cover expenses associated with purchase of conservation easements, including title search and insurance, appraisal services and Whatcom Land Trust fees. The Executive is authorized to enter into Purchase and Sale Agreements, provided: a. Appraisals are completed and conservation easements are drafted which meet the requirements of both the Whatcom County Purchase of Development Rights program, and the federal or state match funding agency; b. Matching funds are provided by either the Federal Farm and Ranchland Protection Program or the State Recreation and Conservation Office to cover 50% of each easement purchase price; and c. Landowners have agreed to the offer price and conservation easement conditions. APPROVED this day of , 2009 ATTEST: Dana Brown -Davis, Council Clerk APPROVED as o fo Civil Dep P ecutor WHATCOM COUNTY COUNCIL, WHATCOM COUNTY, WASHINGTON Seth Fleetwood, Chairperson Pete Kremen, Executive Date: IA\Planning Division\Long Range Planning\1 PDR Program\Applicants 2008\2-Ranking\Council ranking\Ranking Resolution Round 7-2009.doc 2008-2009 Applications Whatcom County Agricultural Purchase of Development Rights Program Round VII 1. Perry Family Farm • Number of Points: • Type of Farm: • Zoning District: • Property Size (acres): Number of Development Rights EXHIBIT 1 55.8 Grass & corn silage, hay Ag 40 78 acres 2 This historic family farm lies north of Ten Mile Creek between West Hemmi and King Tut Roads and along Old Guide Road, with some frontage stretching east to Guide Meridian. 93% of the property consists of APO/Prime soils, with most actively farmed. The remaining property consists of the historic farmstead area (now gone) and woodland. 2. Dean & Heather Tjoelker • Number of Points: • Type of Farm: • Zoning District: • Property Size (acres): • Number of Development Rights: 53.3 250 replacement heifers; grass & corn silage Ag 40/ R5A 115 8 This is a large farm located just north of the Burk Road between Markworth and Sunrise Roads. The Tjoelker farm straddles Rural and Agricultural zoning districts. The 115 acres comprises part of the total 194 acre Tjoelker farm. Whatcom County holds an easement on 40 acres of this farm, purchased through the PDR program last year.' 3. Shannon & Larea Tjoelker • Number of Points: 52.5 • Type of Farm: Grass & corn silage, pasture • Zoning District: Ag 40 • Property Size (acres): 80 • Number of Development Rights: 2 The property is south of Burk Rd, across from the farm listed above. This farm consists of over 100 heifers, as well as buildings and infrastructure associated with the farmstead. Approximately 80% of the property is actively farmed for use as pastureland and for growing grass and corn silage. There is also a small woodlot on the property. 1 The remainder of the farm was submitted for consideration to the state Recreation and Conservation Office, for which we received 4d,-in-the-state ranking. Therefore it is likely the 50% match for the remaining property will come from state (rather than federal) funding. Page 1 of 2 5 2008-2009 Applications Whatcom County Agricultural Purchase of Development Rights Program Round VII 4. Matt & Robyn Eldridge • Number of Points: • Type of Farm: • Zoning District: • Property Size (acres): • Number of Development Rights: EXHIBIT 1 51.5 Organic dairy farm incl. heifer replacement R5A 31 5 This historic family farm lies just east of Nooksack, north of South Pass road. The family leases an additional 60 acres for pasture land and hay production, bringing the total Eldridge farm operation to 90 acres. The owners breed and raise heifers, and sell milk through the Organic Valley Dairy Cooperative. 5. John VanderVeen • Number of Points: • Type of Farm: • Zoning District: • Property Size (acres): • Number of Development Rights: 47.7 Beef cattle, hay & pasture Ag 40 / R10A 118 7 This land lies east of Lynden and north of Everson within the East Badger Rural Study Area. It is currently used by two farming families; the owner has about 2 dozen head of beef cattle that graze the pastureland. The VanBerkurn family leases the farm structures and additional pastureland for an active dairy operation as well as growing feed (grass and corn silage). 6. Sorensen Family • Number of Points: • Type of Farm: • Zoning District: • Property Size (acres): • Number of Development Rights: 47.4 Berry production, pasture R10A 115 10 This property lies East of Aldrich Rd and South of King Tut Rd in the Guide/Aldrich Rural Study Area. The vast majority of the property is leased for berry production by Crystal View Raspberries. The remainder consists of pasture and woodland. 7. Henry Tjoelker • Number of Points: 37.0 • Type of Farm: Hay and pasture • Zoning District: R10A • Property Size (acres): 39 • Number of Development Rights: 3 This property lies in the Ten Mile Rural Study Area, on the northwest corner of the Noon and Central Rd intersection. It is primarily used for grass silage and hay production, as well as seasonally pastured. There is a small woodlot and pond on the property as well. Page 2 of 2 0 � � � 1• ._;ice I - '�, ��G: � - wh x s le- qgf 8r � 't ` j ON D & H Tjoelker - PDR Round 7 Q"�°NF°p�4'ro c+pP P,7�4A CM CO' sus Soils Classification °����a` Legend y� 56e B�PVELOPW'E� —� NRCS Soils D&H Tjoelker Properties 63 - Hallenton silt loam, 0-1 % slopes/11.9 ac. 93 - Labounty silt loam, 0-2% slopes/.9 ac. 178 - Whatcom silt loam, 0-3% slopes/27.9 ac. 179 - Whatcom silt loam, 3-8% slopes/ 39.1 ac. 180 - Whatcom silt loam, 8-15% slopes/ 8.7 ac. 182 - Whatcom-Labounty silt loam, 0-8% slopes/ 21.9 ac. March 2009 sbw. Feet 0 200 400 800 1,200 1,600 9 W. 77 4 44- MR � � n '`-'' � Q.,.. s �t fr u'" Iry X� + ���-� �� � •S°�'����-,L'` �j 1 a�Z Y C VASN, t° x ct+ tMuWt EP T 3 i s { aW ins S �,�`'� f�„�, � ': Y�6 •;� �`r�c3., "S`- org 4.v.-� 1 _- a3 .� .� � tE•c �.,s�. � E j - i� �5- 6v �� Z' �� � rr r + 4 � t (�� 1 � }'�, Aw v Y y7 > .1 T p S & L Tjoelker - PIER Round 7 Soils Classification Legend NRCS Soils S&L Tjoelker Properties 178 - Whatcom silt loam, 0-3% slopes/ .9 179 - Whatcom silt loam, 3-8% slopes/ 62.7 ac. 180 - Whatcom silt loam, 8-15% slopes/ 6.4 ac. 182 - Whatcom-Labounty silt loam, 0-8% slopes/ 11.0 ac. SSG 1NFORNq TyO OPPQPSCOM C0& 0, 7008Ar 9 �Q �'FC Sy4. �OFVELOPWEN December 2008 sbw. Feet 0 200400 800 1,200 1,600 10 Eldridge - PDR Round 7 Soils Classification Legend NRCS Soils Eldridge Property 18 - Blethen gravelly loam, 15-30% slopes/ 8.8 ac. 31 - Clipper silt loam, drained, 0-2% slopes/9.9 ac. 156 - Squalicum gravelly loam, 5-15% slopes/11.8 ac Q'�Nr, it, F0RMA TKO P�GOM c0G sis Zoos cn �OFVELOPM*-� July 2008 sbw. Feet 0 140 280 560 840 1,120 11 VanderVeen - PDR Found 7 Soils Classification Legend NRCS Soils VanderVeen Properties "`O INFORUq% GppQP,.1GOM co - s °�° � 7008 Dom.. 4 2psOEVELOPME�y� February 2009 sbw. Feet 0 200 400 800 1,200 1,600 11 - Bellingham silty clay loam, 0-2% slopes/32.2 ac. 148 - Skipopa silt loam, 0-8% slopes/58.4 ac. 22 - Briscot silt loam, drained, 0-2% slopes/21.5 ac. 115 - Oridia silt loam, drained, 0-2% slopes/2.9 ac. 123 - Puget silt loam, drained, 0-2% slopes/4.9 ac. 12 Sorensen - PDR Round 7 Soils Classification Legend MRCS Soils December 2008 sbw. 0 200 400 800 Sorensen Properties 45 - Edmonds Woodlyn loams, drained, 0-2% slopes/35.5 ac. 62 - Hale silt loam, drained, 0-2% slopes/12.8 ac. 103 - Lynnwood sandy loam, 5-20% slopes/66.1 ac. 9 "*NFOR/MA ri0 tGOM COV sr `56Pp + 7008 'v -`•, a e `�FVELOPW'E� � Feet 1,200 1,600 13 Henry ijoelker - PDR Round 7 Soils Classification Legend NRcs soils Henry Tjoelker Property 49 - Everett very gravelly sandy loam, 8-15% slopes/3.2 ac. 94 - Labounty silt loam, drained, 0-2% slopes/4.9 ac. 179 - Whatcom silt loam, 3-8% slopes/16.4 ac. 180 - Whatcom silt loam, 6-15% slopes/15.9 ac. "`G INFOF.yA TKO OQpQP,rom Ch+ 200E y°a1� zz �N'x.,: Q a OEVELOPM�� December 2008 sbw. Feet 0 150 300 600 900 1,200 14 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009 — 157 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 3/10/2009 3/17/2009 NR Committee Division Head: Dept. Head: Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT: Presentation on Microbial Source Tracking study in Drayton Harbor Watershed ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO Requested Date: SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Presentation on Microbial Source Tracking study in Drayton Harbor Watershed COMMITTEE ACTION: COUNCIL ACTION. Related County Contract #. Related File Numbers: Ordinance or Resolution Number. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www.co.whatcom.wa.uslcouncil. 15 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009 — 158 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 3/10/2009 3/17/2009 NR Committee Division Head: Dept, Head: Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT. Presentation Re: Monitoring of stormwater discharges/phase 2 NPDES permits ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO Requested Date: SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Presentation by Wendy Steffensen from RE Sources regarding findings of citizen monitoring of stormwater disharges, and how these finding relate to phase 2 NPDES permits. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www.co.whatcom.wa.uslcouncil. 16 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008 - 114 C CLEARANCES Date Date Received in Council Office Agenda Date Assigned To Orig. Dept.: County Council 2/18/2009 2/24/2009 Introduction Division Head: 3/17/09 Public Hearing Dept. Head: Prosecutor: Budget: Executive: SUBJECT: Ord. Imposing interim moratorium on new apps within Lake Whatcom Watershed ATTACHMENTS Ordinance SUMMARY STATEMENT: I Related County Contract #: Should the Clerk schedule a hearing? (Y/N) Y Requested Date: 3/17/2009 Imposing an interim moratorium on the acceptance of new applications for divisions of land resulting in lots smaller than five acres within the Lake Whatcom watershed. RECOMMENDED MOTION (for final action): COUNCIL ACTION TAKEN 2/24/2009: Introduced Related File Numbers: Ordinance or Resolution Number (this item only): 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 SPONSORED BY: PROPOSED BY: INTRODUCTION DATE: February 24, 2009 ORDINANCE # IMPOSING AN INTERIM MORATORIUM ON THE ACCEPTANCE OF NEW APPLICATIONS FOR DIVISIONS OF LAND RESULTING IN LOTS SMALLER THAN FIVE ACRES WITHIN THE LAKE WHATCOM WATERSHED WHEREAS, oxygen levels in Lake Whatcom are declining to lower levels and declining faster than in the past; and WHEREAS, lower oxygen levels and more rapid decline in oxygen in Lake Whatcom are related to increased rates of sediment and phosphorus loading into the lake; and WHEREAS, increased availability of phosphorus has limited the nitrogen availability in the lake, making the lake more susceptible to blue-green algae blooms; and WHEREAS, longer durations of very low oxygen levels increase the rate of methylization of mercury and other anaerobic compounds; and WHEREAS, increased productivity in the upper waters of the lake lead to increased disinfection byproducts such as total trihalomethanes (TTHMs); and WHEREAS, longer durations of very low oxygen levels release phosphorus bound in the lake sediments resulting in increased availability of phosphorus and further increasing biological production in the lake; WHEREAS, Washington State Department of Ecology has listed Lake Whatcom as an impaired water body and placed Lake Whatcom on the federal Clean Water Act 303(d) list because of low oxygen levels; and WHEREAS, the 303(d) listing requires the establishment of a Total Maximum Daily Load (TMDL) that designates loading capacity of the lake such that there will be no measurable change in oxygen levels from natural lake conditions; and WHEREAS, a TMDL requires meeting Water Quality Standards and, for lakes, the dissolved oxygen criterion requires no decline from natural conditions; WHEREAS, other pollutants identified and monitored within the Lake Whatcom watershed have the highest concentrations in the most developed areas of the watershed; and WHEREAS, meeting the TMDL goals and improving oxygen levels in Lake Whatcom will require variety of comprehensive planning, pollution prevention, pollution reduction and technical approaches; and im WHEREAS, continued development while the TMDL goals are established and while approaches for meeting those goals are developed will increase the size of the reductions and will increase the costs that will be necessary to meet the TMDL goals; and WHEREAS, Lake Whatcom County Code 20.71 establishes the Lake Whatcom Watershed as a Water Resource Protection Overlay District; and WHEREAS, Lake Whatcom is the drinking water source for approximately half the residents of Whatcom County; and WHEREAS, the preservation and protection of drinking water is a high priority for Whatcom County; and WHEREAS, the Whatcom County Comprehensive Plan, adopted on May 20, 1997, establishes the Lake Whatcom watershed as a Special Study Area; and WHEREAS, Lake Whatcom is a valuable recreation lake for swimming, boating and fishing, and enhances the property values in the area as long as the lake maintains high water quality; and WHEREAS, declining oxygen levels poses a risk to the water quality of Lake Whatcom that could harm drinking water quality, recreational opportunities and, lake property values; and WHEREAS, actions required under the 303(d) listing and TMDL goals as well as declining water quality will cause a hardship to tax payers, local property owners in the watershed and water consumers and those hardships may be limited by effective planning, prevention and remediation programs established prior to the establishment of the TMDL goals; and WHEREAS, the Whatcom County SEPA Official issued a Determination of Non - significance on January 24, 2005; and WHEREAS, the Council makes the following findings of fact to justify its actions as required by RCW 36.70.795: 1. This interim moratorium on the acceptance of applications for division of land into lots of smaller than five (5) acres is necessary to avoid future degradation of the Lake Whatcom watershed and the associated threat to the drinking water supply of approximately half of the citizens of Whatcom County as well as recreational and lake property values. 2. Without a moratorium additional development lots may be created within the Lake Whatcom Watershed that will lead to negative hydrologic and storm water impacts that may cause irreversible harm to Lake Whatcom and therefore cause harm to the health and welfare of the public. 3. The Whatcom County Council desires the opportunity to evaluate the impacts of future development in relation to reducing phosphorus loads to Lake Whatcom and meeting the TMDL goal of reversing the declining oxygen trends in Lake Whatcom. This evaluation may include but are not limited to the following: 19 Storm water management plans, implementation and maintenance. Storm water funding in the watershed. Review existing zoning densities and development standards within the Bellingham Urban Growth Areas in the Lake Whatcom watershed. Review existing zoning densities outside the Bellingham Urban Growth Areas within county jurisdiction. Storm water management in areas that cross City of Bellingham and Whatcom County jurisdictions. Transfer of development rights programs. Land acquisition. Reviewing the proposed TMDL from the Department of Ecology and its implications for additional county land use regulations . Reviewing the ongoing monitoring studies on the Lake and its tributaries to understand the extent to which new monitoring data further informs our understanding of the relationships between development and other land use activities and Lake Whatcom water quality. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that a moratorium is hereby imposed on the acceptance of new applications for divisions of land into lots smaller than five (5) acres in the Lake Whatcom watershed, as identified on the map attached as Exhibit A. BE IT FURTHER ORDAINED that divisions resulting in lots all of which are five (5) acres or larger shall be exempt from this division moratorium. BE IT FINALLY ORDAINED by the Whatcom County Council that, pursuant to RCW 36.70.795, this moratorium may be renewed for one or more six-month periods if subsequent public hearings are held and findings of fact are made prior to each renewal. ADOPTED this day of , 2009. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council Seth Fleetwood, Council Chair rVED AS TO F Civil Deputy Prosecutor Pete Kremen, Executive ( ) Approved ( ) Denied Date: 20 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2009-129 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: 02124109 Intro Originator: r1 n D E u \\v// � D Division Head: 3/17/2009 Finance Committee; FEB 17 2009 Council q 3 De L Head: / W H ATC OM COUNTY 'COUNCIL Prosecutor: ��/)l Purchasing/Budget: 2-1 (3 0 Executive: /� - f % — fz TITLE OF DO UMENT: 2009 Project Budget Request #1 ATTACHMENTS. Ordinance, Memoranda & Budget Modification Requests SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( X ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Project Budget Request #1 requests funding from the East Whatcom Regional Resource Center Construction Fund. (1) To appropriate $450,000 to fund planning, design and construction administration services for the East Whatcom Regional Resource Center project: From the Public Utilities Improvement Fund. (2) To appropriate $450,000 to fund a transfer to the East Whatcom Regional Resource Center Construction Fund for planning, design and construction administration services. COMMITTEE ACTION.• COUNCIL ACTION.• 2/24/2009: Introduced Related County Contract #. Related File Numbers. Ordinance or Resolution Number. 22 SPONSORED BY: Consent PROPOSED BY: Executive INTRODUCTION DATE: 02/24/09 ORDINANCE NO. PROJECT BUDGET NO. 1 WHEREAS, Whatcom County seeks to build a community facility in eastern Whatcom County for the provision of early childhood education, family support and health services (East Whatcom Regional Resource Center); and WHEREAS, Whatcom County has previously appropriated $150,000 for site development and planning work which is now completed; and WHEREAS, planning, design and, eventually, construction administration work on the building must be started to meet funding deadlines; and WHEREAS, funding is available From the Public Utilities Improvement Fund (EDI) for this purpose; and WHEREAS, Section 6.80 of the Whatcom County Home Rule Charter provides for project - based capital budget appropriation ordinances, NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the following capital budget appropriation is hereby approved: Expenditures Revenues Net Effect East Whatcom Regional Resource Center Construction Fund 450,000 (450,0Q01 0 Public Utilities Improvement Fund 450,000 - 450,000 Total Project Budget I 900 (450,00011 45Qa0 ADOPTED this day of , 2009. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Seth Fleetwood, Chair of the Council APPROVED AS TO FORM: () Approved () Denied .-- �) A �1 �_\\ 1�')J Civil Deputy Pro for Pete Kremen, County Executive Date: I:\BUDGET\SUPPLS\2009_Suppl\Project Budget EWhatcomRegionalResourceCenter.doc 23 WHATCOM COUNTY Summary of the 2009 Project Budget Ordinance No. 1 Net Effect to Fund Increased Balance Expenditure (Increased) (Increase) Department/Fund Description Decrease Revenue Decrease To fund planning, design, and construction East Whatcom Regional administration services for Resource Center the East Whatcom Regional Construction Fund Resource Center. 450,000 (450,000) - o fund transter to Last Whatcom Regional Public Utilities Resource Center Improvement Fund Construction Fund 450,000 - 450,000 Total Project Budget 09 0.000 450 000 450.000 I:\BUDGET\SUPPLS\2009 Suppl\Project Budget EWhatcomRegionalResourceCenter.doc 24 Supplemental Budget Request Status: Pending Administrative Services Facilities Management Supp'1 i� # soo Fund 334 Cost Center 334100 Originator. M Caldwell/Mike Russell Expenditure Type: One -Time Year 1 2007 Name of Request: EWRRC Architectual Services Add'I FTE ❑ Add'I Space ❑ Priority X Department Head Signature (Required on Hard Copy Submission) Date Costs: FObject Object Description Amount Requested 6630 Professional Services $450,000 8301.332 Operating Transfer In ($450,000) Request Total $0 la. Description of request. Provide funding for architectural service agreement with Stewart & King Architects. The agreement is to provide planning, design and construction administration for the East Whatcom Regional Resource Center (EWRRC). This supplemental, which will be part of a project budget, is based on a proposed building project value of $4 million dollars. If additional funding is obtained to expand the project, additional budget authority will be sought to fund the larger scope of work. 1b. Primary customers: Residents of East Whatcom County 2. Problem to be solved. The Columbia Valley area of Whatcom County has a need for a community service center to provide a myriad of services to area residents including: youth activities, senior services, medical & dental, early childhood programs, support facilities for WTA, community meeting space, space for adult education, job training and other classes, a variety of county departmental services and food bank access. This contract will provide for the planning, design and construction administration for such a building. 3a. Options /Advantages: This project is community proposed and community driven. It will be the first project of its kind sponsored by the County. Stewart & King originally responded to a Request for Qualifications from the County and was awarded the preliminary site development contract. Stewart & King Architects has been working with the community since the beginning of this project and has done the preliminary site development and planning work, research, SEPA/NEPA compliance reporting and traffic studies. 3b. Cost savings: N/A 4a. Outcomes: The following outcomes will be achieved in consecutive order: Schematics designed, design development documents produced, and construction documents produced by the end of seven months Bid materials developed, bidding process completed, construction contract awarded, building and site construction completed by 11/30/2010 Project closed out 4b. Measures: Architectural documents will be produced and the building will be constructed and put into service Friday, February 13, 2009 Rpt: Rpt Suppi Regular 25 Supplemental Budget Request Status: Pending Administrative Services Facilities Management Supp7lD # aoo Fund 334 Cost Center 334100 Originator: M Caldwell/Mike Russell 5a. Other Departments/Agencies: The contractor will need to work with several other agencies and departments to incorporate their requirements into the design of the building. Planning & Development - permitting & space planning Whatcom County Head Start - space planning Interfaith Clinic - space planning Boys & Girls Clubs - space planning Whatcom Community College, BTC, Worksource & WWU - space planning Health Department - space planning Sheriffs Office - space planning Parks/Senior Services - space planning Whatcom Transit Authority - site planning 5b. Name the person in charge of implementation and what they are responsible for: 6. Funding Source: Transfer in from EDI Fund (Public Utilities Improvement Fund) Friday, February 13, 2009 Rpl: Rpl Suppl Regular 26 Supplemental Budget Request Status: Pending Non -Departmental Supp7Ip # soy Fund 332 Cost Center 332255 Originator., M Caldwell Expenditure Type: One -Time Year 1 2007 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Transfer to support EWRRC project X Department Head Signature (Required on Hard Copy Submission) Date costs. Object Object Description Amount Requested 2910.1000 Fund Balance ($450,000) 8351.334 Operating Transfer Out $450,000 Request Total $0 1a. Description of request: Transfer funds to support planning, design and construction administration contract for the East Whatcom Regional Resource Center. See related supplemental ID 800. 1b. Primary customers: 2. Problem to be solved. 3a. Options /Advantages: 3b. Cost savings: 4a. Outcomes: 4b. Measures: 5a. Other Departments/Agencies: 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: Friday, February 13, 2009 Rpl: Rpt Suppl Regular 27 WHAT CUM C.'UUNI'Y C.'UUNCIL AGLIVDA BILL NO. AB7009-11 9 CLEARANCES' , Initial Date Date Received in Council Offwe Agenda Date Assigned to. Originator. 13Jan 2009 C E 2/24/09 Finance/Counci Division Head:E FEB 1 i 2009 9 WHATCOM COUNTY COUNCIL 3/17/2009 Finance/Council Dept. Head. • v Prosecutor: e6 16/09 PurchasingBudget: Executive: M - 7 TITLE OF DOCUMENT. - Real Estate Purchase and Sales Agreement: Purchase property commonly known as 215 N. Commercial, Bellingham WA Whatcom County Tax Parcel: A#380330-186260 and B#380330-184306 ATTACHMENTS: Memorandum, Agreement SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate Be clear in explaining the intent of the action.) This agreement will authorize the purchase of the building and property currently housing the Public Defender's office, at 215 N. Commercial Street,in Bellingham. COMMITTEEACTION. COUNCIL ACTION: 2/24/2009: Forwarded to Council for approval 2/24/2009: Held to 3/17/2009 Related County Contract #: Related File Numbers: Ordinance or Resolution Number. Please Note: Once adopted and signet, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/councA WHATCOM COUNTY EXECUTIVE'S OFFICE County Courthouse 311 Grand Avenue, Suite #108 Bellingham, WA 98225-4082 MEMORANDUM TO: Pete Kremen, County Executive Whatcom County Council Members FROM: Dewey Desler, Deputy Administrator RE: Peeples Enterprises — Real Estate Purchase and Sales Agreement DATE: February 9, 2009 Pete Kremen County Executive Dewey Desler Deputy Administrator Enclosed for your review and signature are two (2) originals of the Real Estate Purchase and Sales Agreement between Whatcom County and Peeples Enterprises for the purpose of authorizing the real estate purchase and sale of 215 N Commercial Street, Bellingham WA. ■ Background and Purpose This agreement is authorizing the real estate purchase and sale of 215 N Commercial Street, Bellingham WA, which is currently housing our Public Defender department. The Administration has conducted a thorough analysis of this building, including HVAC, Roof, electrical, structural components, etc. Also, the property has been appraised at a value of $1.9-million. Funding Amount and Source Funding amount needed for this contract is $1,800,000.00 plus'/2 Closing Costs, estimated in the amount of $18,800. The funding for this investment was contained in the 2009/10 budget, and the purchase will be funded from the REET 1 fund, and a loan from the ER&R Fund. The loan will be repaid from income of the REET 1 Fund source. ■ Differences from Previous Contract This project is a one-time agreement. Please contact Michael Russell at extension 50575, if you have any questions or concerns regarding the terms of this agreement. Enclosures Office (360) 676-6717 County (360) 384-1403 FAX (360) 676-6775 TDD (360) 738-4555 29 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. ao09o;?00� Originating Department.- Facilities Management Contract Administrator: Michael Russell Contractor's /A enc Name: I Peeples Enterprises, Inc. Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes X No Yes _ No X If yes, previous number(s): Is this a grant agreement? Yes _ No X If yes, grantor agency contract number(s) CFDA number Is this contract grant funded? Yes _ No X If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Yes _ No X If yes, RFP and Bid number(s) Contract Amount: (sum of orig contract If a Professional Services Agreement is more than $15, 000 or a Bid is amt and any prior amendments) more than $35, 000, please submit an Agenda Bill for Council $ 1, 800, 000.00 approval and a supporting memo. Any amendment that provides This Amendment Amount: either a 10% increase in amount or more than $10, 000, whichever is $ greater, must also go to Council and will need an agenda bill and supporting memo. If less than these thresholds, just submit to Total Amended Amount: $ Executive with supporting memo for approval. Scope of Services Real Estate Purchase and Sales Agreement: This agreement is to purchase the property commonly known as 215 N Commercial Street, Bellingham WA, Whatcom County Tax Parcel A#380330-186260 and Tax Parcel B#380330-184306. Term of Contract: Expiration Date: No Expiration Date 1. Prepared by: UWAbei 2. Attorney reviewed: ` 3. AS Finance reviewed: 4. IT reviewed if IT related- J. Corrections made: 6. Attorney signoff:��.i 7. Contractor signed. ,r 8. Submitted to Exec Office 9. Reviewed by DCA 10. Council approved (if necessary) 11. Executive signed.• 12. Contractor Original 13. Returned to dept; 14. County Original to Council Date_13 Jan 2009 [electronic] Date [electronic] Date DS electronic] Date [electronic] Date %lectronicJ hard copy printed Date Date oQ- p Date �-/D-O�l �summaryvia electronic; hardcopies] Date Date Date Date Date this form may need to expand to more than one page 30 REAL ESTATE PURCHASE AND SALE AGREEMENT Return to: C.,O 4 HT R A CT N O. Whatcom County_ Administrative Services Facilities Management _�O.O_•% 0�2.QU_ __ 316 Lottie Street Bellingham, WA 98225 Attention: Michael Russell; Facilities Manager This REAL ESTATE PURCHASE AND SALE AGRMY]ENT (this "Agreement') is made this 1 day of July, 2009, by and between Peeples Enterprises, Inc: (Sellers) and. Whatcom County, A Municipal Corporation ofthe State of Washington ('Buyer'), its successors or assigns, for purchase and sale ofthat oertain real property described herein, situated in Whatcom County, Washington. RECITALS WI-JEREAS, Sells are the owners of certain real property conmiorily known as 215 N. Comrner vial Street, Bellingham Washington, Whatoom County Tax Parcel A #380330-186260 and Tax Parcel B #380330=184306, more particularly described in Section 1, below; and NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement and for other good and valuable comderatm the reand sufficiency ofwhich are hereby acknowledged, Sellers and Buyer agree as follows: AGREEMENT 1. Real Property. Sellers agree to sell and convey to Buyer, and Buyer agrees to purchase from Sellers gw*q to p oval by the Whatcom County Council and subject to the terms and conditions set forth in this Agreement, the real property located in the County of Whatcom and State of Washington, which is approximately 26,572 square feet of land area, more particularly described as follows: Parcel A #380330-186260, Lot 5 through 10 ofBlock 8, Cernral Whatcormr, situated in Courity of Washington, State of Washington Parcel B #380330-184306, Lots 11 tbrough 12 ofBlock 8, Central Whatcom, situated in County of Washington, State of Washington TOGETHER with all of Sellers right, title and interest in and to any ri&, licenses, privi leg es, reversions and easements pertinent to the real property, including without limitation, all minerals, off, gas and other hydrocarbon substmim on and under the real property as well as all development rights, air rights, water rights, water and water stock relating to the real property and any other easernents, rights of way, or appurtenances used in connection with the beneficial use and enjoyment ofthe real property (collectively, the'Ttopeaty"). Page 1 of 7 Pages 31 REAL ESTATE PURCHASE AND SALE AGREEMENT Purchase Price. The total purchase price forthe Property (the' Purchase Price") will be $1,800,000 (one million eight hundred thousand dollais). The Purchase Price will be paid to Sellers in cash at closing, less Sellers share of closing costs as more My addressed in #7 Closing, herein. Title to Property 3.1. Convey At closing, Sellers shall convey to Buyer fee simple title to the Property by duly executed and ad mowledged warranty deed (the "Dee'), subject only to those mcumbianees that Buyer approves pursuant to Section 3.3 below (the "Permitted Encumbrances"). 3.2. Preliminary Commitment. Upon execution ofthis Agreement, Sellers authorize Buyer to orb a meaty commitment for an owner's standard coverage policy oft de inscrrance. (or, at Buyer's election, an owner's exteti&d coverage policy oftitle inmxm) in the amount ofthe Purchase Price to be issued by a Title Company and accompanied by copies ofall documents referredto in the corrrr *rnent (the'Prelirrrinary Commitrnerit'). 3.3. Condition of Title. Buyer shall advise Sellers by written notice what encumbrances to title, if any,are disapprovedby Buyer ('Disapproved within (ten)10 business days ofreceipt ofthe Prelimurary Connrm>;t Lent. AR rncmetaiy ermamrrrbmw-vQ odwflm non -delinquent ad valomm property taxes will be deemed to be disapproved Sellers will have ten (10) business days after receipt of Buyer's notice to give Buyer notice that (i)-Sellers will remove Disapproved Famamib wr&s, or (u) Sellers elect not tommove DisapprovedFaiannbrances. IfSellers faill to give Buyer notice beforethe expiration ofthe ten (10) day period, Sellers will be deemed to have elected not to ruove Disapproved Encurnbrances. Notwithstanding anything to the coitrary in this Agreement, Sellers shall remove from We on or before the Closing Date all monetary encumbrances other than those approved by Buyer. If Sellers elect not to remove any Disapproved Encuthbranoes, Buyer will have fifteen. (15) business days to notify Sellers ofBuyees election eitherto proceed with the purchase and take the Property subject to those en=bmoes, or to teiirririate this Agreement, IfBuyer elects to tennmate this Agreement pursuant to this Section, the escrow will be terininated, all documents and funds (if any) will be retuned to the party who deposited them and neither party will have any firther nights or obligations under this Agreement, except as otherwise provided for in this Agreement 3.4 Title Policy. Sellers shall cause the Title Company to issue to Buyer at closing a standard coverage owner's policy of title insurance -insuring Buyer's We to the Property in the full amount of the Ptr rbase Price subject only to tbe Peaniwd FEramtratm (the "Title Policy). The Title Policy must be dated as ofthe Closing Date. 4. Conditions to Closing. 4.1. Risk Assessment or Inspection. The Agreement, and the transaction contemplated hereby, is subject to the Buyer's completion and satisfactory review of arisk assessment or inspection of the property, ty, performed at the Buyer's expense and discretion, for the presence of contaminants. Page 2 of 7 Pages 32 REAL ESTATE PURCHASE AND SALE AGREEMENT 5. Condition of the Property. 5.1. Inspections. Buyer agrees that it is acquiring the Property "as is" on the date ofthe execution of this purchase and sale agreement, with no warranties as to its physical corxitior4 except that purchase is subject to the provision ofparagraph 4.1 above. Buyer will rely on its own inspections and evaluations of the Property, with the exceptim of paragraph 4.1 and of Sellers' representations and warranties listed in Section 6, below, and ofwntten docu ontatm including, but not limited to any dwbsur es required by law, provided to it by Sellers, to detemaine the su tabllity ofthe Property for Buyer's intended use. 6. Sellers' Representations and Warranties: Sellers represent and warrant to Buyer as follows: 6.1. Claims or Lihization. To the best of Sellers' know]edge, there is no litigation pending or tlueateaed against Sellers (or any basis for any claim) that arises out ofthe ownership of the Property and that might materially and dehimernally affect (1) the use or operation ofthe Property for Buyer's intended use, or (ii) the ability of Sellers to perform their obligations under this Agreement, or (in) the value ofthe Property. 6.2. Defaults. Sellers have received -no notice ofany, default or breach by Sellers under any covenants, conditions, restrictions, rights-0of-way or easernents that may affect Sellers in respect to the Property or may affect the Property or any portion thereof and no such default or breach now exists. 6.3. Hazardous Substances. Sellers have no actual knowledge ofthe release of or presence of any hazardous materials on, in, from or onto the Property. ("Hazardous materials" means any hazardous or toxic substance, petroleum product or wastes that are regulated or subject to cleanup authority under any state, federal or local statute, regulation or ordinance). Closing "Closing," forthe purpose of this Agreement, is defined as the date that all documents are executed, the sale proceeds are available for disbursement to the Sellers, and legal title passes to the Buyer. The costs of closing, including but not lirmted to titles insurance, fees of the Escrow Agent, and State Excise Tax shallbe paid on a 50/50 bases by the Seller and tic Buyer. With the exceptim ofBrokerage fees, All Brokerage Fees will be paid by the Seller. The Sellers and Buyer m rally agree the Closing Date will occur on or before July 1, 2009, unless bothparties agree in writing to extemdthe closing. 8. Proration. Property taxes and assessments for the current year, water and other utilrty charges, if any, shall be protated as ofthe Closing Date unless otherwise agreed Buyer is a property tax exempt organization pcnsuant to RCW. 84.36.010, andtherefore Escrow Agent is directed, to the extent possible, to apply to Whatcom County for a change in tax status for the subject property, so that property taxes do not have to be collected fromBuyer at closing. The seller's share of property taxes (if any) shall be deducted by the Escrow Agent from the purchase price after receipt from the buyer. 9. Casualty Loss. Sellers shall promptly notify Buyer of any event prior to the Closing Date that causes damage to or destruction of any portion ofthe Property. If Buyer and Sellers cannot come to an agreemeTA regarding any such damage to or dest ucticm ofthe Property, including the settlerrrert ofany i Eur mce claims, therr Buyer and Sellers will each have the rigktote eft Agreement by giving written notice of t,ermaCratim to the:odw party within twenty (20) _days after receipt, of actual notice of such casualty loss. Upon exerrase of such terrrrirration election by ether party, this Agent will teMWIatey and the Deposit will be Page 3 of 7 Pages 33 REAL ESTATE PURCHASE AND SALE AGREEMENT rdariedtoBnyer.After closing and during the period ofcontinuedpossessionbySellers, Sellers shall promptly notify Buyer of any damage to or destruction of any portion ofthe Property, and shall be liable, to the extern responsible therefore, to Buyer for the amount of any diminution in the value thereof 10. Possession. Buyer sball be entitled to possession ofsaid propriety as stated in the existing lease dated May 1, 11 • Whatcom &unty Contw Number 200602005.le license to enter onto Property prior to closing .s reasonkly required for Buyer to continue :a agmement cutrently in effect. 11. HoldHaimiess. hxknnification, and Insu mnoe. Sellers agree to defend, indemnify and hold harmless the County, its appointed and elective officers and its employees, from and against all loss or expense, including.lxrt not limited to judgments, sue, attorneys' fees and costs, by reason of any and all claims and demands upon the County, its elected or appointed officials or its employees for damages arising from the ownership, condition, and/or operation ofthe property identified for We and purchase herein up to the time when possession is delivered to the County, because of personal or bodily injury, inchidmg death at any time resulting therefrom, sustained by any person or persons and on account of damage to property including lessofusetlieteot whetherariot such irijuryto persons or damage to property is due to thenegligerrce ofthe Sellers, their agents, successors, or assigns, except to the extern that such injury or damage shall have been occasioned by the negligence ofthe County, or its appointed or elected officials, its employees, or its agents. It is fiurther agreed that during the period between closing and Sellers' transfer ofpossession to Buyer, Buyer owes Sellers no duty with regard to the condition ofthe premises. Sellers shall carry for the duration of its period of orcy, including any salvage period during andtheieaf ter, apolicy of owner's insurance for the Property. 12. Events of Default. In the everitSellm fail, without legal excuse, to complete the sale ofthe Property, Buyer may pursue any remedies available to it in law or equity, including specific performance. 13. Notices. Airy notice under this Agreement mast be in writing and be personally delivered or delivered by recognized ovcmn ght courier service, given by mail or via fusin-nle. E-mail trmw fission ofnotice sball not be effective. All notices mist be armed to the parties at the following ad&mses, or at such other aMesses as the parties may from time to time direct in writing: Buyer: Whatcom County Attn: Michael Russell, Facilities Manager 316 Lottie Street BeEnghani, WA98225 Telephone: 3 60-676-6746 Facsimile No. 360-676-6789 With a copy to: Whatcom County Proseadorls Office Attn: Randall Watts 311 Grand Ave. Suite 201 Bellingham, WA 98225 Page 4 of 7 Pages 34 REAL ESTATE PURCHASE AND SALE AGREEMENT With a copy to: Whatcom County Executive's Office Attn: Dewey Desler 311 Grand Ave. Suite 108 Bellingham, WA 98225 Sellers: Mr. Jim Peeples Peoples Farterprises, Inc. Bellingham, WA 98229 Telephone: 3 60-739-1186 � I w`v • • e I � /:i�•a I � I _ •• I i � r" .1 ,• :1 :• � • � • a • I i •i••� I I 14. Counterparts: Faxed Signatures. This Agreement may be executed in any number of counterparts and by different parties hereto, each ofwhich counterpart when so executed shall have the same force and effect as ifthat party had signed all other its. Facsimile -transmitted signatures shall be fully binding and effective for all purposes. 15. Brokers and Finders. Sellers agree to pay real estate broker who holds the listing on the property or any other person who claims entitlement, to, a commission or finder's fee based upon the transaction cornetnplatedby this Agreement. The party through whom said broker or other person makes its claim shall itilm ify and hold hamrless the other patty from said claim and all liabilities, costs and expenses related thereto, including reasonable at tomeys' fees, which may be insured by such other party in connection with such claim This indem ily shall survive the closing ofthis transaction. 16. Amendments. This Agreemmit may be amended or modified only by a writer instnunent executed by Sellers and Buyer. 17. Continuation and Survival of Representations and Wananties. All representations and wanwities by the respective patties contained m this Agreement or made in writing pursuant to this Agreement areintenldedto and will remain true and. oorrec t as ofthe time of closing, will be deerrued to be material and will. survive the execution and delivery ofthis Agreement and the delivery of the Deed and transfer of tulle. Such representations and warranties, however, are not assignable and do not nun with the land, except as may be exp ply provided herein or contained in a writer ins mrnt signed by the party to be charged. 18. Governing This Agraerrrerrt will be governed by and construed in accordance with the laws of the state of Washington. Venue for any action m law or equity arising herefrom shall be in the Superior Court of the State of Washirigton in and for the County of Whatcom. 19. Time of the Essence. Time is ofthe essam ofthis Agreement and of all acts required to be done and performed by the parties hereto. Page 5 of 7 Pages 35 REAL ESTATE PURCHASE AND SALE AGREEMENT 20. FIRPTA. The Escrow Agent is instructed to prepare a certification or equivalent that Sellers are not "foreign persons" within the n=ning ofthe Foreign Invest=t in Real Property Tax Act ('TRWrA"), and Sellns agree to signthis certificatioil If any Sellers are "foreign persons" as the same is defined by FIRPTA, andthis transaction is not otherwise exempt from FIRPTA, Escrow Agent is irstructedto withhold and pay the required amount to the Internal Revenue Service. 21. Waiver. Neither Sellers' nor Buyer's waiver of the breach of any covenant under this Agreement will be construed as a waiver ofthe breach of any other covenants or as a waiver of a subsequent breach of the same covenant. 22. Nonmerger. The terms and provisions ofthis AgreerneM including without knitation, all indemnification obligations, will not merge in, but will survive, the closing ofthe transaction contemplated under the Agreement. 23. Assignment. Buyer may assign this agreernent to such authority as may in the future by law be set up or to Whatcom County or one of its other agencies/departments. 24. Negotiation and Construction. This Agreement and each of its temp and provisions are deemed to have been explicitly negotiated betweenthe parties; and the -language in all parts ofthis Agreement will, in all cases, be conshued according to its fair rneanurg and not strictly for or against either parry. 1 rq • 1 . •:1 .� •' i �' Ii • :1.:1� ' I II ..1,1111 • 1 .,r6 .I ,1 IA:1♦ : I :1 1: " I .I 1 • 11 / •I :1 • 1" 1� • :1 : 1 :1 .I • •' /." i :1 1 .I Iit i "' • 1+I • J • I: • i 1 .111III• 1" • ✓.I 1" 14 • .:1 iM I :1 .I• • 1,' i :1 .I .1 1 s Ii ..Y 26. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the purchase and sale ofthe Property, and supersedes all prior agreements and understandings, oral or written, between the parties relating to the subject nraLter ofthis Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as ofthe date set forth above. BUYER: Whatcom County A Municipal Corporation Pete Kremen, County Executive Date: Page 6 of 7 Pages 36 REAL ESTATE PURCHASE AND SALE AGREEMENT Approvals required by Whatcom County: Approved as to form: Prosecuting Attorney's Office kai�dafl Watts, f Deputy/Civil SELLERS: Mr. JimP.eeples Peeples Fktapiises, Inc Date: Date: 2 — �,, ,:�)9 Page 7 of 7 Pages 37 EXECUTIVE'S OFFICE County Courthouse 311 Grand Ave. Suite #108 Bellingham, WA 98225 Pete Kremen County Executive ®ISTROUTED To MEMORANDUM MAR 0 9 2009 TO: WHATCOM COUNTY COUNCIL ALL COUNCIL MEM8ERS - FROM: PE"fE KREMEN, COUNTY EXECUTIVE WHATCOM COUNTY COUNCIL DATE: FEBRUARY 26, 2009 SUBJECT: PROPERTY PURCHASE — 215 N. COMMERCIAL At the February 24, 2009 Council meeting, the Council made the decision to delay the purchase of the property and building located at 215 N. Commercial. The building we are seeking to purchase was initially vacated back in 2005 and the owners offered it to the City of Bellingham and Whatcom County for rent. Based on the significant space needs of the Public Defenders Office and following consultation with the Council, the Council approved a lease agreement for the building with Peeples Enterprises, Inc. The lease was for a period of 36 months (5/1/2006 to 4/30/2009) at $10,800 per month, triple net. The lease included an option to purchase the building/property following that initial 36 month period for a sale price of $1.8 million dollars. We also retained an option to lease for a second term of 36 months. The building lease costs were approved in the General Fund budgets for 2006, 2007, 2008 and a few months in 2009. While initially reluctant to sell the building, Peeples Enterprises ultimately agreed to a lease and purchase option. Our office saw the lease period and purchase option as a careful and prudent approach to the acquisition of the building. The County was able to insure that the building was a good fit for the Public Defenders Office and it allowed us to adequately check the quality and reliability of the various building systems such as mechanical, electrical and structural. That due diligence work has been accomplished during the three year lease. In 2008, as my office prepared the proposed 2009/2010 budget we began planning financially to use REET I funds to acquire the building. Following that planning, we requested a new independent appraisal of the building in order to verify the values contained in the lease and option to purchase (please see attached). Based on the Council's approved 2009/2010 budget we developed a purchase and sales agreement for the building. Since we intended to purchase we did not include the cost to lease the building in the budget. As discussed and approved in the budget and following an appraisal that places the value of the building at $150,000 over the previously agreed purchase price we now submit the purchase agreement in accordance with the option to purchase. In addition, Whatcom County Real Estate Manager, Jim Perkins researched the property with several brokers and appraisers and found that the $1.8 Million purchase price was a reasonable price to pay (please see attached memo). We await your decision so we can continue to provide the services of the Public Defenders office in an efficient and effective manner. cc: Jon Komorowski Dewey Desler Office (360) 676-6717 County (360) 380-1403 Fax (360) 676-6775 TDD (360) 738-4555 38 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART DIRECTOR ME M OR A ND U M To: Dewey Desler/Mike Russell From: Jim Perkins, Public Works Real Estate Man ram' Date: March 3, 2009 Re: Purchase of Peeples Enterprises Building Dewey and Mike: Jim Perkins Real Estate Manager CIVIC CENTER 322 N. Commercial Street, Suite 210 Bellingham, WA 98225-4042 Telephone: (360) 676-6876 FAX: (360) 738-2468 www.whatcomcounty.us JPerk1ns@co.whatcom.wa.us In regards to purchase of the Peeples Enterprises Building currently housing the Public Defenders' office: my conclusion is that $1.8 million for the property is reasonable. I base my opinion on the following: Real estate brokers Ron Bennett of Ron Bennett Commercial Real Estate, Marc Rhea of Windermere Commercial Real Estate, and Paul Kratzig of Kratzig & Associates, tell me that the downtown commercial properties, while not currently enjoying the rapid increase in values of the last couple of years, have not necessarily lost value. Owners are sitting on their properties right now, keeping values "flat" or pretty much where they were before the economic downturn. Ron Bennett says rental rates remain in the $10 to $12 per - foot -per -year- range and that is good. Some downtown buildings are renting for more. Doug Meyer of Pacific ConTental Realty, a commercial leasing company, verified what the others have told me. Commercial real estate appraisers Dave Beck of Follis Appraisers, and Troy Muljat of Muljat Group Appraisers, reiterate what the real estate brokers say, telling me that the number or volume of sales is down, but values remain fairly steady. Particularly telling is the fact that rents are holding steady and a commercial building is pretty much worth what you can get for it in rent. Appraiser Benjamin Bayma used a capitalization rate of 6.75% on annual net rental income of $129,827 to come up with a property valuation of $1.92 million. A capitalization rate of 6%, which often is used by investors interested in the best commercial properties, would put the value of the property at $2.16 million. A capitalization rate of 7%, which would reflect a softening market, still would put the value of the property at $1.85 million: Don Gustafson of Gustafson & Associates, for whom Bayma works, reminded me too that not only was the Peeples building in good shape it also had front and rear parking, which enhances its value. The County could ask Mr. Peeples if he would accept a lower price than already agreed upon, but it is my conclusion that Bayma's appraisal correctly establishes the value of the property for current market conditions and the agreed upon purchase price of $1.8 million is a reasonable price for the County to pay. Please contact me at extension 50798 if you have any questions regarding this memo. 39 October 28, 2008 Benjamin A. Bayma, MS Gustafson & Associates 1616 Cornwal I Ave Suite 201 Bellingham, WA 98225 Michael Russell Facilities Manager 316 Lottie Street Bellingham WA 98225 RE: Appraisal of the Professional Office Building at.215 N. Commercial St., Bellingham, Washington Dear Mr. Russell: At your request, I have prepared a real estate appraisal of the above referenced property which is presented in a self- contained report. The property rights appraised for this analysis is the fee_simple interest. The type of value in the analysis is the market value. The definition of value is described in the report. I have personally inspected the subject property and have performed an extensive market study to gather data on land and improved sales, comparable rentals and expenses and costs on comparable facilities. Based on my investigation and analysis, the market value of the subject property, as of October 3, 2008 is: Market Value $1,950,000 "As Is" Value $1,950,000 Discounted Value $1,950,000 The intended user of the report is my client,. Whatcom County and the intended use of the report is for possible acquisition purposes. This appraisal report is prepared for the sole and exclusive use of the client and his assigns. The appraisal is based on standard assumptions, extraordinary assumptions, and hypothetical conditions. This report has been prepared in conformity with the appraisal standards required by Title XI of FIRREA, the office of the comptroller of the Currency and the Uniform Standards of Professional Appraisal Practice promulgated by the Appraisal Foundation. This letter of transmittal has attached a report that contains 192 pages which includes the addenda items. Methods used and all pertinent data gathered in my investigation are included in this report. Your attention is directed to the following pages from which, in part, this value conclusion was drawn. If you have any questions or if further information' is required, please do not hesitate to contact me at 360.733.8101 or my e-mail bayma@nas.com. Sincerely, I ln� a, Benjamin A. Bayma License #1101636 BAB: Bab File No.: BB-2105 Gustafson & Associates Appraisal Services W w The Income Approach is a well proven value estimate and is given the greatest weight in the final analysis. The Market Data Approach was obtained from the Gross Income Multiplier Analysis and the Price Per Square Foot Analysis. The gross income was well supported as was the gross income multiplier obtained from the market. This approach is given substantial weight. The Price Per Square Foot method of comparison was based on the analysis of numerous investment sales in the Bellingham area. This conclusion is well supported on a direct comparison approach. Considering all four value conclusions, the estimated value of the subject fully finished and at stabilized occupancy is: ONE MILLION NINE HUNDRED FIFTY THOUSAND DOLLARS ($1,950,000) "As Is" Value The "As Is" Value is the same as the stabilized value which is $1,950,000 Discounted Value The discounted value is also the same as the stabilized value which is $1,950,000 93 Gustafson & Associates Appraisal Services 41 i I 1 I I I I I I Summary of the Cost Approach Reproduction Cost New Direct Cost Main Floor Finished Office 8,957 Square Feet 2nd Floor Partial Finished Office 3,150 Square Feet Site Improvements Asphalt Paving Striping & Curbing Site Drainage Landscaping Concrete Walks Total Site Improvements Total Direct Cost Indirect Cost Loan Fees 1 % Professional Fees Misc. Costs Developer's Profit 15% Total Indirect Costs Total Cost New Depreciation Physical 36% Depreciation Value of Improvements Land Value (Forwarded) Total INDICATED VALUE VIA THE COST APPROACH X $140.40/Square Foot = $1,257,563 X $44.69/Square Foot = $60,332 Subtotal $1,317,894 $24,0'15 $1,000 $3,000 $1,500 .15N $31,075 $1,348,969 $13,490 $16,900 $3,500 207 429 (Rounded) 241319 Subtotal $1,590,288 $572,504 $1,017,784 957 000 $1,974,784 $1,975,000 55 Gustafson & Associates Appraisal Services 42 0 EI SUMMARY OF FACTS AND CONCLUSIONS (Continued) Valuation Indications of Subject: Land Value: $957,000 Cost Approach: $1,975,000 Income Approach $1,923,000 Sales Com�arison Approach Gross Income Multiplier $1,983,000 Price Per Square Foot .$1,926,000 Final. Opinion of Value:. $1,950,000 Value Per Square Foot $189.19 Overall Rate: 6.75% Reasonable Marketing Period: 12 months or less Exposure Time: 6 to 12 months 0 Gustafson & Associates Appraisal Services 43: SUMMARY OF FACTS AND CONCLUSIONS Date of Value: October 3, 2008 Date of Report: October 3, 2008 Date of Inspection: October 3, 2008 Type of Property: Office Sub -Property Type: Low -Rise Interest Appraised: Fee simple estate Location 215 N. Commercial Street Bellingham, Washington 98225 Owner of Record: Peeples Enterprises Inc. Tax Assessor's Actual Value: $1,061,000 Land Area 26,572 square feet Land to building Ratio: 2.97:1 Parking: 53 Spaces Zoning: Central Business District (Fringe) Does subject conform to zoning? Appearsto be legally conforming use Year of Construction: (2 Phases) Main Bldg 1984/Southerly Bldg 1989, Estimated Remaining Economic Life: 32 years Type of Construction: Wood Frame/Stucco Has subject sold in last three ears?: No Gross Building Area: 10,307 square feet Net Rentable Area: 10,307 square feet Efficiency Ratio: 100% Gustafson & Associates Appraisal Services WIIATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-139 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Mg 1112109 E C E 3/17/09 Finance/Council Division Head: MAR 0 9 2009 WHATCOM COUNTY COUNCIL Dept. Head: Prosecutor: U Purchasing/Budget: l 20 Q Executive: � v TITLE OF DOCUMENT. Washington State Military Department Buffer Zone Protection Program ATTACHMENTS: Contract (2) with the Washington State Military Department SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMAR YSTA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Through the FFY08 Buffer Zone Protection Program (BZPP), the U.S. Department of Homeland Security DHS) provides funds to increase the preparedness capabilities of jurisdictions responsible for the safety and security of communities surrounding high -priority Critical Infrastructure and Key resource (Cl/KR) assets through planning and equipment acquisition. COMMITTEE ACTION: COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. 45 Whatcom County Contract No. WHATCOM COUNTY CONTRACT INFORMATION SHEET Ori inatin Department: Whatcom County Sheriffs Office Contact Person: Undersheriff Carey James or Lieutenant Scott Rossmiller Contractor's Name: I VV0,5hih ¢aw c51-61e, Milt`{ ry byf . Is this a New Contract? If not, is this an Amendment to an Existing Contract? Yes X No _ Yes No If an Amendment, previous number(s): Is this a renewal? Yes No Contract Amount: (sum of orig contract amt If a Professional Services Agreement is more than $15, 000 or a Bid is more than and any prior amendments) $35, 000, please submit an Agenda Bill for Council approval and a supporting $ 579,090 memo. Any amendment that provides either a 10% increase in amount or more than This Amendment Amount: $10, 000, whichever is greater, must also go to Council and will need an agenda bill $ and supporting memo. If less than these thresholds, just submit to Executive with Total Amended Amount: supporting memo for approval. $ 579, 090 Scope of Services [Insert language from contract (Exhibit A) or summarize; expand space as necessary] ) To purchase equipment that will aid in the safety and security of communities surrounding high priority Critical Infrastructure and Key Resource (Cl/KR)assets. Nature of Contract Amt: (Check one) Fixed Amount X Not to Exceed Open Ended Term of Contract 9108108: Expiration 6130111 Renewal Option Yes No Last Renewal Expires: Special Dates or clauses that require calendaring: Contract Routing Stens & Signoff (sign or initiall (indicate date transmitted 1. Prepared by: Date [electronic] 2. Attorney reviewed: Date [electronic] 3. Finance reviewed. Date 2 O 0 electronic] 4. Corrections made. Date [electronic] hard copy printed 5. Attorney signoff Date il 6. Contractor signed: Date 7. Submitted to Exec Office �/ Date l - al - U 5 [summary via electronic; hardcopies] 8. Reviewed by DCA Date 9. Council approved (f necessary) Date 10. Executive signed: Date 11. Contractor Original Returned to dept; Date 12. County Original to Council Date this form may need to expand to more than one page WHATCOM COUNTY EXECUTIVE'S OFFICE County Courthouse 311 Grand Avenue, Suite #108 Bellingham, WA 98225-4082 MEMORANDUM TO: Members of Whatcom.County Council FROM: Pete Kremen, County Executive�o RE: FFY08 Buffer Zone Protection Program Funding DATE: February 23, 2009 Pete Kremen County Executive Please Find attached a proposal From the Sheriffs Department regarding the use of FFY08 Buffer Zone Protection Program Funding. They are requesting your approval for acceptance of the funds in the amount of $579,090. The funds are to be used for purchase of equipment to aid in response to incidents in the Newhalem-Ross Lake area. The Sheriffs office is proposing that approximately $186,000 of the funds be used to purchase radios and light amplification units and that $310,000 be used for a command vehicle (the type has not been defined yet). The intended use for this vehicle is for interoperable communications. The SWAT team has a command use vehicle already which will need to be updated. There will be additional and undetermined ongoing costs associated with this purchase including fuel, oil and maintenance and possibly fees for satellite communications which will be covered in the Sheriff's existing departmental budget. I am forwarding this to you for information, not as a recommendation. PK/ah Office (360) 676-6717 County (360) 384-1403 FAX (360) 676-6775 TDD (360) 738-4555 47 WHATCOM COUNTY SHERIFF'S OFFICE BILL ELFO SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 (360) 676-6650 MEMORANDUM TO: Pete Kremen, County Executiv FROM: Bill Elfo, Sheriff 9; RE: Buffer Zone Protection Program DATE: January 12, 2009 CAREY DAMES UNDERSHERIFF JEFF PARKS CHIEF DEPUTY ART EDGE CHIEF DEPUTY STEVE COOLEY CHIEF INSPECTOR WENDY JONES CHIEF OF CORRECTIONS JAN 2 2.009 PETE KREMEN COUNTY E E0': ME Enclosed are two (2) originals between Whatcom County Sheriff's Office and Washington State Military Department for your review and signature. Background and Purpose To provide funding to increase the preparedness capabilities of jurisdictions responsible for the safety and security of communities surrounding high -priority Critical Infrastructure and Key Resource (Cl/KR) assets through planning and equipment acquisition. ■ Funding Amount and Source Funding authority is Washington State Military Department and the U. S. Department of Homeland Security. The amount is $579,090.00 CFDA #97.078 ■ Differences from Previous Contract N/A Please contact Undersheriff James or Lieutenant Scott Rossmiller, if you have any questions or concerns regarding the terms of this agreement, Encl. fur Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in Public Safety48 STATE Of WASHINGTON MILITARY DEPARTMENT EMERGENCY MANAGEMENT DIVISION MS: TA-20 Building 20 Camp Murray, Washington 98430-5122 Phone: (253) 512-7000 9 FAX: (253) 512-7200 October 3, 2008 Lt. Scott Rossmiller Whatcom County Sheriffs Office 311 Grand Ave. Bellingham, WA 98225 Dear Lt. Rossmiller: This letter serves as official notification that Whatcom County will receive the following award from the Buffer Zone Protection Program (BZPP): Towns of Diablo and Newhalem (3 sites): $579,090 These funds are awarded to Whatcom County in compliance with FFY08 BZPP Guidance, which can be found on the Federal Emergency Management Agency (FEMA) website at http://www.fema.gov/Government/grant/bzpp/index.shtm. Funds will not be available for reimbursement until a contract between Washington State and Whatcom County has been'fully executed. If you have'any questions, please -contact: Blessing Guillermo, (253) 512-7463 or b.guillermo(cD-emd.wa.gov. Sincerely, 66nMacSpa rrrr ann Homeland Security Section Manager DM/bg V cc: Chief Deputy Jeff Parks, Whatcom County Sheriff's Office Washington State Military Department CONTRACT FACE SHEET - _ -- 1. Contractor Name and Address: 2. Contract Amount: 3. Contract Number Whatcom County Sheriff's Office 311 Grand Avenue $579,090 E09-152 Bellingham, WA 982265 4. Contractor's Contact Person, phone number: 5. Contract Start Date: 6. Contract End Date: Lt. Scott Rossmiller, 360-676-6660 September 8, 2008 June 30, 2011 7. MD Program Manager/phone number: 8. State Business License #: 9. UBI # (state revenue): Blessing Guillermo, 253-512-7463 NA 371-010-246 10. Funding Authority: Washington State Military Department (Department) and the U.S. Department of Homeland Security (DHS) 11. Funding Source Agreement #: 12. Program Index # & OBJ/SUB-OJ 13. CFDA # & Title: 14. TIN or SSN: 2008-BZ-T8-0012 783BL NZ 97.078 91-6001383 15. Service Districts: 16. Service Area by County(ies): 17. Women/Minority-Owned, State (BY LEG DIST): 39, 40, 42 Whatcom County . Certified?: X N/A ❑ NO (BY CONG DIST): 2 ❑ YES, OMWBE # 18. Contract Classification: 19. Contract Type (check all that apply): El Personal Services ❑ Client Services X Public/Local Gov't X Contract ❑ Grant ❑ Agreement ❑ Collaborative Research ❑ A/E ❑ Other ❑ Intergovernmental (RCW 39.34) ❑ Interagency 20. Contractor Selection Process: 21. Contractor Type (check all that apply) X "To all who apply & qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For -Profit ❑ Sole Source ❑ A/E RCW ❑ N/A X Public Organization/Jurisdiction X Non -Profit ❑ Filed w/OFM? ❑. Advertised? ❑ YES ONO ❑ VENDOR X SUBRECIPIENT ❑ OTHER 22. BRIEF DESCRIPTION: Through the FFY08 Buffer Zone Protection Program (BZPP), the U.S. Department of Homeland Security (DHS) provides funds to increase the preparedness capabilities of jurisdictions responsible for the safety and security of communities surrounding high -priority Critical Infrastructure and Key resource (Cl/KR) assets through planning and equipment acquisition. IN WITNESS WHEREOF, the Department and Contractor acknowledge and accept the terms of this contract and attachments hereto and have executed this contract as of the date and year written below. This Contract Face Sheet, Special Terms and Conditions, General Terms and Conditions, Statement of Work, and Budget govern the rights and obligations of both parties to this. contract. In the event of an inconsistency in this contract, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) Applicable Federal and State Statutes and Regulations (b) Statement of Work (c) Special Terms and Conditions (d) General Terms and Conditions, and if attached, (e) any other provisions of the contract incorporated by reference. This contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this contract shall be deemed to exist or to bind any of the parties hereto. WHEREAS, the parties hereto have executed this contract on the day and year last specified below. FOR THE DEPARTMENT: FOR THE CONTRACTOR: Signature Date Signature Date James M. Mullen, Director Pete Kremen, County Executive Emergency Management Division For Washington State Military Department APPROVED AS TO FORM: Whatcom County Sheriffs Office Sara J. Finlay (signature on file) 9/12/2007 Assistant Attorney General Form 10/27/00 kdb FY08 Buffer Zone Protection Program Page 1 of 16 Whatcom County Sheriffs Office E09-152 50 WHATCOM COUNTY: Sheriff for Approval: Approved as to form: P osecuting Attorn Approved: Accepted for Whatcom County Pete Kremen, Whatcom County Executive STATE OF WASHINGTON ) ss COUNTY OF WHATCOM ) 1-6 09 Date Date On this day of , 20, before me personally appeared Pete Kremen, to me known to be the Executive of Whatcom County, who executed the above instrument and who acknowledge to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires: 51 SPECIAL TERMS AND CONDITIONS ARTICLE I -- COMPENSATION SCHEDULE This is a fixed price, reimbursement. contract. Within the total contract amount, travel, subcontracts, salaries and wages, benefits, printing, equipment, and other goods and services or other budget categories will be reimbursed on an actual cost. basis unless otherwise provided in this contract. Any travel or subsistence reimbursement allowed under the contract shall be paid in accordance with rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended and in agreement. with federal rates. Receipts and/or backup documentation for any approved budget line items including travel related expenses that are authorized under this contract must be maintained by the Contractor and be made available upon request by the Military Department. Some flexibility to shift funds between/among budget categories is allowed as follows: Cumulative changes to budget categories in excess of 10% of the contract award will not be reimbursed without the prior written authorization from the Department. Budget categories are as specified or defined in the budget sheet of the contract. ARTICLE II -- REPORTS In addition to the reports as may be required elsewhere in this contract, the Contractor shall prepare and submit the following reports to the Department's Key Personnel: Financial #/Copies Due Date Invoices 1 Within 30 days after the end of the period in which the work was performed Invoices must be submitted no more often than monthly, but at least quarterly. Failure to submit invoices in a timely manner will cause the Department to hold all requests for equipment approval until invoices are submitted. Final Invoice 1 No later than 45th day following the (shall not exceed overall contract amount) contract end date Technical #/Copi.es Due Date Quarterly Progress Report Electronic January 15, April 15, July 15, and October 15 of each year of the contract performance period Final Report Electronic No later than 45th day following the contract end date Failure to meet all of the reporting and. invoicing deadlines will prohibit the Contractor from being reimbursed and will prevent continued vetting of equipment requests while contract requirements are outstanding. All contract work must end on the contract end date; including receipt of supplies and equipment, however the Contractor has up to 45 days after the contract end date to submit all final reports, invoices, and/or deliverables: ARTICLE III -- KEY PERSONNEL The individuals listed below shall be considered key personnel. Any substitution must be made by written notification to the Military Department. CONTRACTOR: Michael M. Dingle, Emergency Management Specialist MILITARY DEPARTMENT: Blessing Guillermo, HLS Program Coordinator FY08 Buffer Zone Protection Program Page 2 of 16 Whatcom County Sheriffs Office E09-152 52 ARTICLE IV -- ADMINISTRATIVE REQUIREMENTS: The Contractor shall comply with all financial and procurement guidance, including competitive processes and other procurement requirements, to include but not limited to: Office of Management and Budget (ONIB) Circulars, A-87 (Cost Principles for State, local and Indian Tribal Governments) A-102 (Grants and Cooperative Agreements with State and Local Governments), A-122 (Cost Principles for Non -Profit Organizations), A-133 (Audits of States, Local Governments, and. Non -Profit Organizations), The Federal Emergency Management Agency's codified ,regulations, 44 CFR; and the U.S. Department of Homeland Security's Financial Management Guide. Local and state procurement and contracting regulations take precedent over these requirements when local and state regulations are more stringent. • Adhere to DHS requirements that all sole source contracts over $100,000 be reviewed and approved by the Department prior to execution of a contract. This requirement must be passed on to all of the Contractor's sub -contractors, at which point the Contractor will be responsible for reviewing and approving their sub -contractors' sole source justifications. • Adhere to DHS requirements that all contracts with individual consultants, that are not competitively bid, and where the consultant will be charging an excess of $450 per day (excluding travel and subsistence) must be approved by the Department before the contract is executed. This requirement must .be passed on to all of the Contractor's sub -contractors, at which point the Contractor will be responsible for reviewing and approving their sub -contractors' contract. • No costs will be paid in advance of their being incurred by the Contractor. • No costs will be reimbursed until the items have been received by the Contractor and invoiced by the vendor. • Each Invoice Voucher (State .Form A-19) will be accompanied by a spreadsheet detailing the expenditures. Related financial documents and invoices must be kept on file by the Contractor and be made available upon request to the Department, and local, state, or federal auditors. • Requests for reimbursement of equipment purchases will include a copy of the vendor's invoice and packing slip or a statement signed and dated by the Contractor's authorized representative that states "all items invoiced have been received in good working order, are operational, and have been inventoried according to. contract and local procurement requirements • No travel or subsistence costs, including lodging and meals, reimbursed with federal funds may exceed federal maximum rates which can be found at http://www.gsa.gov. ARTICLE V -- ADDITIONAL SPECIAL CONDITIONS AND MODIFICATION TO GENERAL CONDITIONS 1. Funds are provided by the U. S. Department of Homeland Security (DHS), Office of Grants and Training (OGT) FFY 2008 Buffer Zone Protection Program solely for the purpose of enhancing the capability of state and local units of government to prevent, deter, respond to, and recover from incidents of terrorism, and when dual benefit can be justified, catastrophic incidents. The Contractor shall use the funds to perform tasks as described in the Statement of Work and Budget portions of the Contractor's request for funding. Grant funds may not be used to replace or supplant existing funding. 2. The Contractor will provide a match of $0 of non-federal origin. 3. The Contractor acknowledges that since this contract involves federal funding, the period of performance described herein will likely begin prior to the availability of appropriated federal funds. Contractor agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this contract prior to distribution of appropriated federal funds. 4. The Contractor agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement or any type of payment if federal funds are not appropriated or are not appropriated in a particular amount. 5. The Contractor agrees that in order to receive any federal preparedness funding, all National Incident Management System (NIMS) compliance requirements outlined in applicable grant guidance must be met. FY08 Buffer Zone Protection Program Page 3 of 16 Whatcom County Sheriffs Office E09-152 53 ARTICLE.VI — EQUIPMENT MANAGEMENT: 44 CFR Section 13.3 defines equipment as tangible, nonexpendable, personal property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit. This definition will be used for equipment purchased with contract funds, unless local or state regulations are more restrictive. 1. Submit all proposed equipment purchases to the Committee on Homeland Security, sub -committee on equipment to ensure that the requested equipment is on the Approved Equipment List, is aligned with the statewide equipment purchasing strategy, and meets all statewide interoperability and standardization requirements. No reimbursement for equipment costs will occur until the appropriate approvals have been obtained. 2. All equipment purchased under this contract, by the Contractor or a Subcontractor, will be recorded and maintained in the Contractor's equipment inventory system, unless specific deobligated funds are contracted directly between a county, or other entity, and the State, in which case the contracted county maintains equipment records. 3. Upon successful completion of the terms of this contract, all equipment purchased through this contract will be owned by the Contractor, or a recognized sub-contractor/sub-grantee for which a contract, sub - grant agreement, or other means of legal transfer of ownership is in place. 4. The Contractor, or a recognized sub-contractor/sub-grantee, shall be responsible for any and all operation and maintenance expenses . and for the safe operation of their equipment including all questions of liability. 5. The Contractor shall maintain equipment records that include: a description of the property; the manufacturer's serial number, model number, or other identification number; .the source of the equipment, including the Catalogue of Federal Domestic Assistance (CFDA) number; who holds title; the acquisition date; the cost of the equipment and the percentage of Federal participation in the cost; the location, use and condition of the equipment at the date the information was reported; and disposition data including the date of disposal and sale price of the property. 6. Records for equipment shall be retained by.the Contractor for a period of six years from the date of the disposition, replacement or transfer. If any litigation, claim, or audit is started before the expiration of the six year period, the records shall be retained by the Contractor until all litigations, claims, or audit findings involving the records have been resolved. 7. The Contractor shall take a physical inventory of the equipment and reconcile the results with the property records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by the Contractor to determine the cause of the. difference. The Contractor shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. 8. The Contractor shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property. Any loss, damage or theft shall be investigated and a report generated. 9. The Contractor will develop adequate maintenance procedures to keep the property in good condition. 10. If the Contractor is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. 11. When original or replacement equipment is no longer needed for the original project or program or for other activities currently or previously supported by a Federal agency, disposition of the equipment will be made as follows: a. Items of equipment with a current per -unit fair market value of less than $5,000 may be retained, sold or otherwise disposed of by the Contractor with no further obligation to the awarding agency. b. Items of equipment with a current per -unit fair market value of more than $5,000 may be retained or sold and the Contractor shall compensate the Federal -sponsoring agency for its share. 12. As sub -grantees of federal funds the Contractor must pass on equipment management requirements that meet or exceed the requirements outlined above for all sub -contractors, consultants, and sub - grantees who receive pass -through funding from this contract. FY08 Buffer Zone Protection Program Page 4 of 16 Whatcom County Sheriffs Office E09-152 54 ARTICLE VII — SUBRECIPIENT MONITORING The Department will monitor the activities and equipment acquisition of the Contractor from award to closeout and for the life of equipment purchased under this contract. The goal of the Department's monitoring activities will be to ensure that agencies receiving federal pass -through funds are in compliance with federal and state audit requirements, federal grant guidance, and applicable federal and state financial regulations. Monitoring activities may include: • review of performance reports and documentation of contract deliverables completion; • documentation of phone calls, meetings, a -mails and correspondence; • review of reimbursement requests to ensure allowability and consistency with contract budget; • observation and documentation of contract related activities, such as exercises, training, funded events and equipment demonstrations; ip on -site visits to review equipment records and inventories, verify source documentation for reimbursement. requests and performance reports and verify completion of deliverables. As a sub -grantee of federal funds the Contractor is required to meet or exceed the monitoring activities, as outlined above, for all sub -contractors, consultants, and sub -grantees who receive pass -through funding from this contract. ARTICLE VIII — ENVIRONMENTAL AND HISTORIC PRESERVATION The contractor shall ensure full compliance with FEMA's Environmental and Historic Preservation (EHP) Program requirements as outlined in applicable grant guidance. FY08 Buffer Zone Protection Program Page 5 of 16 Whatcom County Sheriffs Office E09-152 55 Exhibit A Subrecipient. Washington Military Department GENERAL TERMS AND CONDITIONS DEFINITIONS As used throughout this contract, the following terms shall have the meaning set forth below: a. "Department" shall mean the Washington Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other officials lawfully representing that Department. b. "Contractor" shall mean that firm, organization, group, individual, or other entity performing services under this contract, and shall include all employees of the Contractor. It shall include any. subcontractor retained by the prime Contractor as permitted under the terms of this contract. "Contractor" shall be further defined as one or the other of the following and so indicated on face sheet of the contract. 1) "Subrecipient' shall mean a contractor that operates a federal or state assistance program for which it receives federal funds and which has the authority to determine both the services rendered and disposition of program funds. 2) "Vendor" shall mean a contractor that agrees to provide the amount and kind of service or activity requested by the Department and that agrees to provide goods or services to be utilized by the Department. C. "Subcontractor" shall mean one, not in the employment of the Contractor, who is performing all or part of those services under this contract under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. d. "Recipient"— a nonfederal entity that expends federal awards received directly from a federal awarding agency to carry out a federal program. e. "Pass -Through Entity" means the Washington State Military Department as it is applied to this contract. As found in SAAM 50.30.30 — "A nonfederal entity that provides a federal award to a subrecipient to carry out a federal program." f. "Nonfederal Entity" is defined as a state local government or nonprofit organization (as defined in federal Circular A-133). g. "Cognizant State Agency" shall mean a state agency that has assumed the responsibility of implementing single audit requirements and coordinating audit follow-up for a particular grantee by virtue of providing the majority of federal assistance. If funds are received from more than one state agency, the cognizant state agency shall be the agency who contributes the largest portion of federal financial assistance to the subrecipient unless the designation has been reassigned to a different state agency by mutual agreement. h. "Federal Financial Assistance" — Assistance that nonfederal entities receive or administer in the form of grants, loans, loan guarantees, property (including donated surplus property), cooperative agreements, interest subsidies, insurance, food commodities, direct appropriations or other assistance. It does not include amounts received for provision of vendor services to federal agencies or reimbursement for services rendered directly to individuals. i. "Grant" - For the purposes herein, the term "grant" may be used to mean "contracts" or "grants" or "agreements". j. "CFDA Number" — The five -digit number assigned to a federal assistance program in the federal Catalog of Federal Domestic Assistance (CFDA) or, in the absence of a catalog defined number, the number defined by instructions from the federal audit clearinghouse. k. "CFR" — Code of Federal Regulations I. "OMB" — Office of Management and Budget m. "RCW" - Revised Code of Washington n "WAC" - Washington Administrative Code. FY08 Buffer Zone Protection Program Page 6 of 16 Whatcom County Sheriffs Office E09-152 56 2. SUBRECIPIENT MONITORING a.. The Department, as a Recipient and/or Pass -Through Entity, receives federal financial assistance under federal programs and is charged with maintaining compliance with federal and state laws and regulations regarding the monitoring, documentation, and monitoring of subrecipient grant activities using federal financial assistance. Management and implementation guidelines for the federal programs ensure compliance with statutes, grant guidelines, the sub -award agreement, Office of. Management and Budget (OMB) circulars (including OMB Circular A-133), subrecipient audits, and other guidance found. in the Federal Register. The Department shall adhere to its Subrecipient Monitoring Policy (Finance Policy 02-006-06) and the Subrecipient Monitoring Procedures (Finance Procedure 02-006-06). b. The Contractor shall perform under the terms of the contract and the Department has responsibility for reasonable and necessary monitoring of the Contractor's performance. The Department shall conduct contract monitoring activities on a regular basis. Monitoring is defined as any planned, ongoing, or periodic activity that measures and reasonable assurance of contractor compliance with the terms, conditions, and requirements of a contract. Monitoring involves prudent collection of information about Contractor operations and is not limited to site visits or the completion of formal reviews. Monitoring may include periodic contractor reporting to the Department, Department review of audit reports, invoice reviews; onsite reviews and observations, and surveys. Adequate documentation is essential for effective contract monitoring and will include copies of letters, meeting notes, and records of phone conversations as evidence that conscientious monitoring has occurred during the period of the contract. Subrecipient monitoring will occur throughout the year rather than relying solely on a once -a -year audit. The Contractor agrees to cooperate with all monitoring activities and to comply with reporting requirements. The Department as the Recipient and/or Pass -Through Entity will conduct on -site visits as, appropriate and required by contract for "for -profit" subrecipients, since the A-133 Single Audit does not apply to "for -profit" organizations. 3. RECORDS, MONITORING AND AUDIT ACCESS. a. The Contractor shall cooperate with and fully participate in all monitoring or evaluation activities that are pertinent to this contract. b. Access to public records -The Contractor acknowledges that the Department is subject to the Public Records Act, Chapter 42.56 RCW, and that records prepared, owned, used or retained by the Department relating to the conduct of government or the performance of any governmental or proprietary function are available for public inspection and copying, except as exempt under RCW 42.56 or other statute which exempts or prohibits disclosure of specific information or records. C. The Contractor shall maintain all books, records, documents, data, and other evidence relating - to this contract and the provision of any materials, supplies, services an&or equipment under this contract herein, including, but not limited to, records of accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review and audit by personnel duly authorized by the Department, the Washington State Auditor's Office, and federal officials so authorized by law, rule, regulation, or contract. The Contractor will retain all books, records, documents, and other materials relevant to this contract and make them available for inspection, review or audit for six (6) years from the end date of this contract, date of final payment or conclusion of services performed under this contractor, whichever is later. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until final resolution of all litigation, claims, or audit findings involving the records. FY08 Buffer Zone Protection Program Page 7 of 16 Whatcom County Sheriffs Office E09-152 57 d. Contractor shall provide right of access to its facilities and records to the Department and any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this contract. 4. SINGLE AUDIT ACT REQUIREMENTS (INCLUDING ALL AMENDMENTS) Non-federal entities as subrecipients that expend $500,000 or more in one fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a program -specific audit conducted in accordance with the Office of Management and Budget (OMB) Circular A-133-Audits of States, Local Governments, and Non -Profit Organizations (revised June 27, 2003, effective for fiscal years ending after December 31, 2003). Non-federal entities that spend less than $500,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in Circular No. A-133. Circular A-133 is available on the OMB Home Page at http://Www.omb.goy and then select "Grants Management" followed by "Circulars". Contractors required to have an audit must ensure the audit is performed in accordance with Generally Accepted. Auditing Standards (GAAS) as found in the Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General and the OMB Compliance Supplement. The Contractor has the responsibility of notifying the Washington State Auditor's Office and requesting an audit. Costs of the audit may be an allowable grant expenditure. The Contractor shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any subcontractors also maintain auditable records. The Contractor is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Contractor must respond to Department requests for information or corrective action concerning audit issues, or findings within 30 days of the date of request. The Department reserves the right to recover from the Contractor all disallowed costs resulting From the audit. Once the single audit has been completed, the Contractor must send a full copy of the audit, to the Department and a letter stating there were no findings, or if there were findings, the letter should provide a list of the findings. The Contractor must send the audit and the letter no later than nine (9) months after the end of the Contractor's fiscal year(s) to: Accounting Manager Washington Military Department Finance Division, Building #1 TA-20 Camp Murray, WA 98430-5032 In addition to sending a copy of the audit, the Contractor must include a corrective action plan for any audit findings and a copy of the management letter if one was received. The Contractor shall include the above audit requirements in any subcontracts. 5. RECAPTURE PROVISIONS In the event that the Contractor fails to expend funds under this contract in accordance with applicable state and federal laws and/or the provisions of this contract, the Department reserves the right to recapture funds in an amount equivalent to the extent of the noncompliance in addition to any other remedies available at law or in equity. Such right of recapture shall exist for a period not to exceed six (6) years following contract termination or audit resolution, whichever is later. Repayment by the Contractor of funds under this recapture provision shall occur within 30 days of demand. The Department is required to institute legal proceedings to enforce the recapture provision. 6. COMPLIANCE WITH APPLICABLE LAW The Contractor and all subcontractors shall comply with all applicable federal, state, tribal government, and local laws, regulations, and policies. FY08 Buffer Zone Protection Program Page 8 of 16 Whatcom County Sheriffs Office E09-152 58 This obligation includes, but is not limited to, compliance with Ethics in Public Service (RCW 42.52); Covenant Against Contingent Fees (48 C.F.R. § 52.203-5); Public Records Act (RCW 42.56); Drug - Free Workplace Act of 1988 (41 U.S.C. § 701 et seq. and 15 C.F.R. Part 29); Lobbying Restrictions (31 U.S.C. § 1352 and 15 C.F.R. Part 28); and safety and health regulations. The Department is not. responsible for advising the Contractor about, or determining the Contractor's compliance with, applicable laws, regulations and policies. In the event of the Contractor's or a subcontractor's noncompliance or refusal to comply with any applicable law, regulation or policy, the Department may rescind, cancel, or terminate the contract in whole or in part. The Contractor is responsible for any and all costs or liability arising from the Contractor's failure to comply with applicable law, regulation or policy. 7. NONDISCRIMINATION During the performance of this contract, the Contractor shall comply with all federal and state nondiscrimination statutes and regulations. These requirements include, but are not limited to: a. Nondiscrimination in Employment: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, sexual orientation, religion, national origin, creed, marital status, age, Vietnam era or disabled veterans status, or the presence of any sensory, mental, or physical handicap.. Such action shall include, but not be limited to, .the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment selection for training, including apprenticeships and volunteers. This requirement does not apply, however, to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its activities. b. Nondiscrimination laws and policies (such as RCW 49.60, Washington's Law Against Discrimination, and Title VII of the Civil Rights Act). 8. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. § 12101 et seq. and 28 C.F.R Part 35 .and other implementing regulations. The Contractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication. 9. UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE) The Contractor is encouraged to utilize firms that are certified by the Washington State Office of Minority and Women's Business Enterprises as minority -owned and/or women -owned in carrying out the purposes of this contract. 10. PUBLICITY The Contractor agrees to submit to the Department all advertising .and publicity relating to this contract wherein the Department's name is mentioned or language used from which the connection of the Department's name may, in the Department's judgment, be inferred or implied. The Contractor agrees not to publish or use such advertising and publicity without the prior written consent of the Department. 11. DISCLOSURE The use or disclosure by any party of any information concerning the Department for any purpose not directly connected with the administration of the Department's or the Contractor's responsibilities with respect to services provided under this contract is prohibited except by prior written consent of the Department. 12. CERTIFICATION REGARDING DEBARMENT SUSPENSION OR INELIGIBILITY If federal funds are the basis for this contract, the Contractor certifies that neither the Contractor nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this contract by any federal department or agency. If requested by the Department, the Contractor shall complete and sign a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the Contractor for this Contract shall be incorporated into this Contract by reference. FY08 Buffer Zone Protection Program Page 9 of 16 Whatcom County Sheriff's Office E09-152 59 Further, the Contractor agrees not to enter into any arrangements or contracts related to this grant with any party that is on the "General Service Administration List of Parties Excluded from Federal Procurement or Non -procurement Programs" which can be found at www.epls.gov. 13. LIMITATION OF AUTHORITY -= "Authorized Signature" The signatories to this contract represent that they have the authority to bind their respective organizations to this contract. Only the assigned Authorized Signature for each party, or the assigned delegate by writing prior to action, shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this contract. Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of this contract is not effective or binding unless made in writing and signed by the Authorized Signature(s). 14. CONTRACTOR NOT EMPLOYEE — INDEPENDENT STATUS OF CONTRACTOR The parties intend that an independent contractor relationship will be created by this contract. The Contractor and/or employees or agents performing under this contract are not employees or agents of the Department in any manner whatsoever, and will not be presented as nor claim to be officers or employees of the Department or of the State of Washington by reason hereof, nor will the Contractor and/or employees or agents performing under this contract make any claim, demand, or application to or for any right, privilege or benefit applicable to an officer or employee of the Department or of the State of Washington, including, but not limited to, Worker's Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or 'privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW. It is understood that if the Contractor is another state department, state agency, state university, state college, state community college, state board, or state commission, that the officers and employees are employed by the state of Washington in their own right. . If the Contractor is an individual currently employed by a Washington State agency, the Department shall obtain proper approval from the employing agency or institution. A statement of "no conflict of interest" shall be submitted to the Department. 15. NONASSIGNABILITY This contract, the work to be provided under this contract, and any claim arising thereunder, are not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. 16. SUBCONTRACTING Neither the Contractor nor any subcontractor shall enter into subcontracts for any of the work contemplated under this contract without obtaining prior written approval of the Department. Contractor shall use a competitive process in award of any contracts with subcontractors that are entered into after original contract award. All subcontracts entered into pursuant to this contract shall incorporate this contract in full by reference. In no event shall the existence of the subcontract operate to release or reduce the liability of the Contractor to the Department for any breach in the performance of the Contractor's duties. The Military Department may request a copy of any and/or all subcontracts for work. being completed under this contract. 1T. CONTRACT MODIFICATIONS The Department and the Contractor may, from time to time, request changes to the contract or grant. Any such changes that are mutually agreed upon by the Department and the Contractor shall be incorporated herein by written amendment to this contract. It is mutually agreed and understood that no alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto, and that any oral understanding or agreements not incorporated herein, unless made in writing and signed by the parties hereto, shall not be binding. 18. SEVERABILITY In the event any term or condition of this contract, any provision of any document incorporated by reference, or. application of this contract to any.person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this contract which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this contract are declared severable. FY08 Buffer Zone Protection Program Page 10 of 16 Whatcom County Sheriffs Office E09-152 19. ADVANCE PAYMENTS PROHIBITED The Department shall make no payments in advance or in anticipation of goods or services to be provided under this contract. Contractor shall not invoice the Department in advance of delivery of such goods or services. 20. TAXES, FEES AND LICENSES Unless otherwise provided in this contract, the Contractor shall. pay for and maintain in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and expenses of any other kind for the Contractor or its staff required by statute or regulation that are necessary for contract performance. 21. TRAVEL AND SUBSISTENCE REIMBURSEMENT Unless the contract specifically provides for different rates, any travel or subsistence reimbursement allowed under the contract shall 'be paid in accordance with federal or state per diem rates, or General Servoce Administration, whichever is of least cost, pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended. The Contractor may be required to provide to the Department copies of receipts for any travel related expenses other than meals and mileage (example: parking lots that do not provide receipts) that are authorized under this contract. 22. GOVERNING LAW AND VENUE This contract shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, -the laws of the state of Washington. Venue of any suit between the parties arising out of this contract shall be the Superior Court of Thurston County, Washington. 23. HOLD HARMLESS AND INDEMNIFICATION Each party to this contract shall be responsible for injury to persons or damage to property resulting from negligence on the part of itself, its employees, agents, officers, or subcontractors. Neither party assumes any responsibility to the other party for the consequences of any act or omission of any third party. 24. WAIVER OF DEFAULT Waiver of any default or breach shall not be deemed to be a waiver of any other or subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this contract unless stated to be such in writing signed by The Adjutant General or the Authorized Signature for 'the Department and attached to the original contract. 25. DISPUTES The parties shall make every effort to resolve disputes arising out of or relating to this contract through discussion and negotiation. Should discussion and negotiation fail to resolve a dispute arising under this contract, the parties shall select a dispute resolution team to resolve the dispute. The team shall consist of a representative appointed by each party and a third representative mutually agreed upon by both parties. The team shall attempt, by majority vote, to resolve the dispute. Both parties agree that this disputes process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this section shall preclude the parties from mutually agreeing to a different dispute resolution method in lieu of the procedure outlined above. 26. ATTORNEY'S FEES In the event of litigation or other action brought to enforce contract terms, or alternative dispute resolution process, each party agrees to bear its own attorney's fees and costs. 27. LOSS OR REDUCTION OF FUNDING In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this contract and prior to normal completion, the Department may reduce its scope of work and budget or unilaterally terminate all or part of the contract as a "Termination for Cause", without providing the Contractor an opportunity to cure. Alternatively, the parties may renegotiate the terms of this contract under "Contract Modifications" to comply with new funding limitations and conditions, although the Department has no obligation to do so. FY08 Buffer Zone Protection Program Page 11 of 16 Whatcom County Sheriffs Office E09-152 61 28. TERMINATION OR SUSPENSION FOR CAUSE In the event the Department, in its sole discretion, determines the Contractor has failed to fulfill in a timely and proper manner its obligations under this contract, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the Contractor unable to perform any aspect of the contract, or has violated any of the covenants, agreements or stipulations of this contract, the Department has the right to immediately suspend or terminate this contract in whole or in part. The Department may notify the Contractor in writing of the need to.take corrective action and provide a period of time in which to cure. The Department is not required to allow the Contractor an opportunity to cure if it is not feasible as determined solely within the Department's discretion. Anytime allowed for cure shall not diminish or eliminate the Contractor's liability for damages or otherwise affect any other remedies available to the Department. If the Department allows the Contractor an opportunity to cure, the Department shall notify the Contractor in writing of the need to take corrective action. If the corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department, or if such corrective action is deemed by the Department to be insufficient, the contract may be terminated in whole or in part. The Department reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective action by the Contractor, if allowed, or pending a decision by the Department to terminate the contract in whole or in part. In the event of termination, the Contractor shall be liable for all damages as authorized by law, including but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of administering the competitive. solicitation process, mailing, advertising and other associated staff time. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. If it is determined that the Contractor: (1) was not in default or material breach, or (2) failure to perform Was outside of the Contractor's control, fault or negligence, the termination shall be deemed to be a "Termination for Convenience". 29. TERMINATION FOR CONVENIENCE Notwithstanding any provisions of this contract, the Contractor may terminate this contract by providing written notice of such termination to the Department's Key Personnel identified in the contract, specifying the effective date thereof, at least thirty (30) days prior to such date. Except as otherwise provided in this contract, the Department, in its sole discretion and in the best interests of the State of Washington, may terminate this contract in whole or in part by providing ten (10) calendar days written notice, beginning on the second day after mailing to the Contractor. Upon notice of termination for convenience, the Department reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds. In the event of termination, the Contractor shall be liable for all damages as authorized by law. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. 30. TERMINATION PROCEDURES In addition to the procedures set forth below, if the Department terminates this contract, the Contractor shall follow any procedures specified in the termination notice: Upon termination of this contract and in addition to any other rights provided in this contract, the Department may require the Contractor to deliver to the Department any property specifically produced or acquired for the performance of such part of this contract as has been terminated. FY08 Buffer Zone Protection Program Page 12 of 16 Whatcom County Sheriffs Office E09-152 62 If the termination is for convenience, the Department shall pay to the Contractor the agreed upon price, if separately stated, for properly authorized and completed work and services rendered or goods delivered to and accepted by the Department prior to the effective date of contract termination, and the amount agreed upon by the Contractor and the Department for (i) completed work and services and/or equipment or supplies provided for which no separate price is stated, (ii) partially completed work and services and/or equipment or supplies provided which are accepted by the Department, (iii) other work, services and/or equipment or supplies which are accepted by the Department, and (iv) the protection and preservation of property. Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this contract. If the termination is for cause, the Department shall determine the extent of the liability of the Department. The Department shall have no other obligation to the Contractor for termination. The Department may withhold from any amounts due the Contractor such sum as the Department determines to be necessary to protect the Department against potential loss or liability. The rights and remedies of the Department provided in this contract shall not be exclusive and are in addition to any other rights and remedies provided by law. After receipt of a notice of termination, and except as otherwise directed by the Department in writing, the Contractor shall: a. Stop work under the contract on the date, and to the extent specified, in the notice; b. Place no further orders or subcontracts for materials, services, supplies, equipment and/or facilities in relation to this contract except as may be necessary for completion of such portion of the work under the contract as is not terminated; C. Assign to the Department, in the manner, at. the times, and to the extent directed by the Department, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which `case the Department has the right, at its discretion, to settle or pay any or all claims arising out of .the termination of such orders and subcontracts; d. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Department to the extent the Department may require, which approval or ratification shall be final for all the purposes of this clause; e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed by the Department any property which, if the contract had been completed, would have been required to be furnished to the Department; f. Complete performance of such part of the work as shall not have been terminated by the Department in compliance with all contractual requirements; and g.. Take such action as may be necessary, or as the Department may require, for the protection and preservation of the property related to this contract which is in the possession of the Contractor and in which the .Department has or may acquire an interest. AAG Approved 9/12/2007 FY08 Buffer Zone Protection Program Page 13 of 16 Whatcom County Sheriffs Office E09-152 63 Exhibit B Statement of Work FFY 2008 Buffer Zone Protection Proqram INTRODUCTION:. The Washington State Military Department Emergency Management Division's (EMD) Homeland Security (DHS) Section is responsible for programs designed to prepare and improve the State's ability to respond to a Chemical, Biological, Radiological, Nuclear and Explosive (CBRNE) terrorist attack. Through the FFY 2008 Buffer Zone Protection Program (BZPP) EMD is providing funds to increase the preparedness capabilities of jurisdictions responsible for the safety and security of communities surrounding high -priority Critical Infrastructure and Key Resource (Cl/KR) assets through planning and equipment acquisition. The BZPP provides enhanced security for select infrastructures and assets based on criteria established annually by DHS with state and local input. Buffer Zone Plans (BZP) are intended to help local law enforcement and first responders develop effective preventive measures that make it more difficult for terrorists to plan or launch attacks from the immediate vicinity of high priority infrastructure targets. The BZPP assists local authorities in assessing current vulnerabilities at Cl/KR sites, and in developing .and implementing BZPs to increase the level of protection and act as a deterrent and prevention mechanism. Upon completion, local authorities in concert with owners of property identified as buffer.zones.will use the BZPs as a basis for identifying needs and prioritizing resources related to training,. information, equipment and exercise needs necessary for the protection of identified Cl/KR sites. Prior to contracting, the Contractor has accomplished the following: • Conducted a site vulnerability assessment of the designated infrastructure site, identifying the buffer zone outside the perimeter of the potential target. The site vulnerability assessment included coordination with security management and measures already in place at the facility. • Developed a Buffer Zone Plan (BZP) in coordination with EMD staff, identifying required training, information, equipment, resources and recommended buffer zone protective measures necessary to address any shortfalls. • Developed a Vulnerability Reduction Purchase Plan (VRPP), using the approved DHS template, which serves as the acquisition plan for the materials, equipment and resources necessary to implement the BZP. • Completed a National Environmental Policy Act (NEPA) Checklist for any construction -related activities, if applicable, and submitted to EMD to obtain DHS approval prior to expenditure of funds. This includes activities related to the acquisition, installation, maintenance, operation, evaluation, removal, or disposal of security equipment to screen for or detect dangerous individuals or dangerous or illegal materials at existing facilities; acquisition, installation, maintenance, operation, evaluation, removal, or disposal of target hardening security equipment, devices or controls. • Submitted the BZP and VRPP to EMD for submission to DHS for review and approval. The Whatcom County Sheriffs Office (herein known as the Contractor) agrees to the following: THE CONTRACTOR AGREES TO: 1. Plan and implement equipment purchases and other activities in accordance with FFY08 Buffer Zone Protection Program Grant Guidance, which can be found at http://www.oip.usdoi.qov/odP/grantsprograms.htm, as well as all subsequent policy changes. These requirements must be passed on to all of the Contractor's subcontractors, and monitored through periodic review of expenditures and equipment inventories. 2. Purchase, upon approval of BZP and. VRPP, those items listed in the VRPP, and ensure delivery, installation, testing and verification of satisfactory performance of all equipment prior to the end of the performance period. 3. Mark, when practicable, any equipment purchased with grant funding, as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." 4. Report progress on deliverables and advise EMD, in writing, of necessary adjustments to the content of the contract. 5. Adhere to all financial and procurement guidance, including competitive bid processes and other procurement requirements as documented in the DHS Financial Management Guide found at FY08 Buffer Zone Protection Program Page 14 of 16 Whatcom County Sheriffs Office E09-152 M http://www.dhs.gov/xlibrary/assets/Grants Financial ManagementGuide.Pdf. Local and state procurement and contracting regulations take precedence over these requirements when local and state regulations are more stringent. 6. Accompany each request for reimbursement with a spreadsheet detailing the expenditures, using the Reimbursement Spreadsheet form to be provided by EMD. Requests for reimbursement of equipment purchases will utilize the State's A-19 form and will include copies vendor invoices and packing slips. Requests for reimbursement not signed by the Contractor's proper authorizing authority, as indicated on the Sig -nature Authorization Form, will be returned to the Contractor. 7. Acknowledge that the public disclosure of records relating to this contract, and all underlying data, would have a substantial likelihood of threatening public safety, and. are therefore exempt from public disclosure pursuant to RCW 42.56.420 effective 7/1/06. 8. If purchasing equipment, the Contractor must meet the following requirements: Be in compliance with the DHS Authorized Equipment List (AEL), as detailed at http://www.rkb.us. Determine whether or not it is in the best interest of the Contractor to make purchases using its own procurement process or ask the Department to make purchases on its behalf. • Make a request to the Department in writing that authorizes the Department to de -obligate funding from the Contractor's contract and use the state's procurement process and contracts to purchase equipment on behalf of the Contractor. • This will necessitate an amendment to the contract reducing the Contractor's award by an amount sufficient for the Department to make the purchase(s). The Department will pay the vendor directly and all items will be drop shipped to a location designated by the Contractor. THE -MILITARY DEPARTMENT AGREES TO: 2 Provide technical assistance, expertise, and state coordination with DHS where necessary. Reimburse the Contractor within 45 days of receipt and approval of requests.for reimbursement which includes all documentation of expenditures as required. MILESTONES FFY08 Buffer Zone Protection Program MILESTONE TASK September 8, 2008 Start of contract performance period December 2008 Contract Execution January 15, 2009 Submission of Progress Report April 15, 2009 Submission of Progress Report July 15, 2009 Submission of Progress Report October 15, 2009 Submission of Progress Report June 30, 2011 End of contract period August 15, 2011 Submit all final reports, requests for reimbursement and/or deliverables FY08 Buffer Zone Protection Program Page 15 of 16 Whatcom County Sheriffs Office E09-152 65 Exhibit C BUDGET SHEET FFY 2008 Buffer Zone Protection Program Whatcom County Sheriff's Office Detailed Equipment Budget NOT TO EXCEED: $579,090 FUNDING SOURCE: 783BL ITEM AEL NO. DESCRIPTION 1 06CP-01-PORT Motorola XTS 5000 portable radio with accessories. Charger, battery, speaker microphone, ear piece, software. Programmable radio with the ability for encryption allowing secure communications --these units are to be used by our SRT (Special Response Team). This model is P25 compliant. Shipping and handling included. 2 04MD-01-LAMP ITT Night Enforcer PVS-14 Pinnacle Night Vision --Light Amplification System with accessories (night vision enhancement) equipment; helmet mounting bracket/hardware to mount on existing helmets. Shipping and handling included. 3 12VE-00-MISS LDV-Lynch Diversified Vehicles Interoperable Communications Vehicle with leveling system, work stations, multi band radios, portable radio chargers, portable repeater, satellite phone/communications, video monitors, video down link, auto eject shore power inlet, associated 120/240V electrical system, generator, associated 12V DC electrical system, telephone land line system with extension jacks, HVAC system, back up monitoring system, galley, lavatory, interior cabinets, interior lighting, computers, computer networking, seating/meeting area. Shipping and handling included. 4 21GN-00-INST Installations of above communications systems in Communications Vehicle 5 21 GN-00-STAX Sales Tax TOTAL EQUIPMENT BUDGET: $579,090 NOTES: 1. DHS program requirements affirm that federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. 2. Overall equipment budget cannot be exceeded. Any expenditure which exceeds the equipment budget will be the responsibility of the Contractor. FY08 Buffer Zone Protection Program Page 16 of 16 Whatcom County Sheriffs Office E09-152 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-140 CLEARANCES Initial Date Date Received in Council Of flice Agenda Date Assigned to: Originator: mg 2103109 � LI E ` L � W IED MAC 0 9 2009 3/17/09 Finance/Council Division Head: Dept. Head: Prosecutor: �% o� �1-- �G 3 l>J1MdUNTY Purchasing/Budget: COUNCIL Executive: 37 J� TITLE OF DOCUMENT: Executive Office the President Office of National Drug control Policy Grant Agreement Award Number G09NW004A ATTACHMENTS: Two copies of the Grant Agreement #G09NW0004A with the Executive Office of the President Office of National Druz Control Policy SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This award will support Northwest HIDTA Border Task Force Prosecution Initiative of the Northwest High Intensity Drug Trafficking Area January 1, 2009 — December 31, 2009. This award pays for one prosecutor and one secretary. It also pays for the maintenance on the Aegis R Public Safety Interface Software — AS/400 State/NCIC Interface. COMMITTEEACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcomwa.uslcouncil. 67 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. aa090a0/0 Originating Department: Whatcom County Sheriff's Office Contact Person: Marvette Gwinner HIDJA Awara Executive UJJice oJ the President QJJice oj.National 77r—ug Contractor's Name: Control Policy Is this a New Contract? If not, is this an Amendment to an Existing Contract? Yes X No _ Yes No If an Amendment, previous number(s): Is this a renewal? Yes _ No X Contract Amount: (sum of orig contract amt If a Professional Services Agreement is more than $15,000 or a Bid is more than and any prior amendments) $35, 000, please submit an Agenda Bill for Council approval and a supporting $ $75,281.00 memo. Any amendment that provides either a 10% increase in amount or more than This Amendment Amount. $10, 000, whichever is greater, must also go to Council and will need an agenda bill $ and supporting memo. If less than these thresholds, just submit to Executive with Total Amended Amount: supporting memo for approval. $ $75,281.00 Scope of Services [Insert language from contract (Exhibit A) or summarize; expand space as necessary] This award will support Northwest HIDTA Border Task Force Prosecution initiative at the Northwest High Intensity Drug Trafficking Area January 1— December 31, 2009. This award pays for one prosecutor and one secretary It also pays for the maintenance on the Aegis R Public Safety Interface Software — AS1400 State INCIC Interface. Nature of Contract Amt: (Check one) Fixed Amount Not to Exceed _ Open Ended Term of Contract:1101109 Expiration 12131109 Renewal O tion Yes X No Last Renewal Expires: Special Dates or clauses that require calendaring: Contract Routing Steps & Signoff /-sign or initiall (indicate date transmitted 1. Prepared by: Date [electronic] 2. Attorney reviewed: Date [electronic] 3. Finance reviewed: i3 r Date J /910 9 %lectronic] 4. Corrections made: Date [electronic] 5. Attorney signoff _, 6Contractor signed.' 7. Submitted to Exec Office 8. Reviewed by DCA 9. Council approved (f necessary) 10. Executive signed: hard copy printed Date . Date Date 2-: [ -O % [summary via electronic; hardcopies] Date Date Date WHATCOM COUNTY SHERIFF'S OFFICE BILL ELFO SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 P60) 676-6650 MEMORANDUM TO: Pete Kremen, County Executive FROM: Bill Elfo, Sheriff / v2 RE: HIDTA DATE: February 3, 2009 CAREY JAMES UNDERSHERIFF JEFF PARKS CHIEF DEPUTY ART EDGE CHIEF DEPUTY STEVE COOLEY CHIEF INSPECTOR WENDY JONES CHIEF OF CORRECTIONS oaf.i'j K REi'..°:i s Enclosed are three (2) originals between Whatcom County Sheriff's Office and Executive Office of the President Office of National Drug Control Policy (ONDCP)for your review and signature. ■ Background and Purpose This award will support Northwest HIDTA Border Task Force Prosecution initiative at the Northwest High Intensity Drug Trafficking Area January 1 — December 31, 2009. This grant will pay for a prosecutor and secretary in the Prosecutor's Office and for the software maintenance with New World Systems Corporation — Aegis R Public Safety Interface Software — AS/400 State/NCIC Interface. ■ Funding Amount and Source Funding is from the Executive Office of the President Office of National Drug Control Policy. The funding amount is $75,281.00. It should be noted that th4 $75,281.00, represents funding at the rate of 43% of the fiscal year 2008 funding level. (See section 12-Special Conditions, second bullet in the grant agreement. We will not receive the balance of our 2009 budget ($99,792) until the continuing resolution has expired and/or extended, or the 2009 budget is enacted through public law. ■ Differences from Previous Contract Please contact Undersheriff James or Marvette Gwinner at extension 50423 or 50456, if you have any questions or concerns regarding the terms of this agreement, Encl. Our Vision: The Office of Sheriff: Dedicated to making Whafcom County the Safest in the State through Excellence in Public Safetpg COUNTY ORIGINAL Cf)'i'47RAC117 NO. Executive Office of the President page 1 of� 4 Office of National Drug Control Policy Grant Agreement 1. Recipient Name and Address. 4. Award Number: G09NW0004A County ;F#xecutive Pete Kremen Whatcom County 5. Grant Period: From 01/01/09 to 12/31/10 311 Grand Avenue Bellingham, WA 98225 IA. Recipient IRSNendor No.: 1916001383132 6. Date: 01/01/2009 7. Action .+ Initial Subrecipient Name and Address 8. Supplement Number Supplemental 2A. Subrecipient IRSNendor No.: 9. Previous Award Amount: 3. Project Title 10. Amount of This Award: $75,281.00 Northwest HIDTA Border Task Force- 11. Total Award: $75,281.00 12. Special Conditions (check, if applicable) 1✓ The above Grant is approved subject to such conditions or limitations as are set forth on the attached 3 pages. 2 Consistent with Pub.L. 110-329, the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, this document provides a total budget and spending ceiling as reflected in Block 10 of the Grant Award document, which represents funding at the rate of 43% of the fiscal year 2008 funding level. Accordingly, the sum of all budgets can not exceed the award amount reflected in Block. 10 of the award document. The Office of National Drug Control Policy acknowledges that the aforementioned funding level is below stated budget requirements; however, additional funding can not be made available until enacted through public law. 13. Statutory Authority for Grant: Public Law 110-329 14. Typed Name and Title of Approving Official 15. Typed Name and Title of Authorized Official David R. Murtaugh. Pete Kremen Acting Deputy Director 'Comity; 'Executive Office of State, Local and Tribal Affairs Whatcom County 16. Signature of Approving ONI)CP Official 17. Signature of Authorized Recipient/Date 18. Accounting Classification Code 19. HIDTA AWARD OND10B3SE0910 DUNS: 803417989 OND2000000 EIN: 1916001383B2 OC4100 70 WHATCOM COUNTY: Sheriff Recommended for Approval: Approved as to form: Prosecuting Attorneq Approved: Accepted for Whatcom County Pete Kremen, Whatcom County Executive STATE OF WASHINGTON ) )SS COUNTY OF WHATCOM ) rS - D/ Date Date Date On this day of , 20_, before me personally appeared Pete Kremen, to me known to be the Executive of Whatcom County, who executed the above instrument and who acknowledge to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires: 71 Cr ant G09i`JW0004A Pane 2 of 4 GRANT CONDITIONS A. General Provisions 1. This grant is subject to: • OMB Circular A-87 "Cost Principles for State, Local, and Indian Tribal Governments" (or, if applicable, OMB Circular A-21 "Cost Principles for Educational Institutions"); • OMB Circular A-102 "Grants and Cooperative Agreements with State and Local Governments" (or, if applicable, OMB Circular A-110 "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations'); • OMB Circular A-133 "Audits of States, Local Governments and Non -Profit Institutions"; • "Government -wide Debarment and Suspension (Non procurement)," codified at 21 CFR § 1401 et. seq.; • "Government -wide Requirements for Drug -Free Workplace (Grants)" (codified at 21 CFR § 1401 et. seq.); • "New Restrictions on Lobbying" (codified at 18 USC §' 1903 and 31 USC § 1352). • Nondiscrimination in Federally Assisted Programs and Equal Opportunity Plans requirements are codified at USC, Title VI (42 USC § 2000d et seq.). • Immigration and Naturalization Service Employment Eligibility Verification Form (1-9). 2. Audits conducted pursuant to OMB Circular A-133, "Audits of State and Local Governments", must be submitted no later than nine (9) months after the close of the grantee's audited fiscal year. A copy of the audit report and management letter must be sent to: EOP/ONDCP Attention: Michael Reles GSD/RDF (202) 395-6608 Anacostia Naval Annex Bldg 410/Door 123 250 Murray Lane, SW Washington, DC 20509 or: mrelesaondmeop.gov 72 Grant G0 9NW0004A. Pago 3 of 4 During the award period, grantees are required to submit the Federal Financial Reporting (FFR) report to HHS Division of Payment Management. Other reporting requirements are specified in the HIDTA Program Policy and Budget Guidance. The recipient gives the awarding agency or the Government Accountability Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the grant. B. Special Conditions HIDTA Grants The following special conditions are incorporated into each award document. 1. This grant is awarded for the initiative(s) named above. Variation from the description of activities approved by ONDCP and/or from the budget attached to this letter must comply with the reprogramming requirements as set forth in 0114DCP's HIDTA Program Policy and Budget Guidance, dated April 2006. 2. This award is subject to the requirements in ONDCP's "HIDTA Program Policy and Budget Guidance." No HIDTA funds shall be used to supplant state or local funds that would otherwise be made available for the same purposes. 4. The requirements of 28 CFR Part 23, which pertain to information collection and management of criminal intelligence systems, shall apply to any such systems supported by this award. Special accounting and control procedures must govern the use and handling of HIDTA Program funds for confidential expenditures; i.e. the purchase of information, evidence, and services for undercover operations. Those procedures are described in Section 6-12 of the "HIDTA Program Policy and Budget Guidance." 6. The grant recipient agrees to account for and use program income in accordance with the "Common Rule" and the HIDTA Program Policy and Budget Guidance. Asset forfeiture proceeds generated by the HIDTA-funded initiatives shall not be considered as program income earned by HIDTA grantees. 7. Property acquired with these HIDTA grant funds is to be used for activities of the Northwest HIDTA. If your agency acquires property with these funds and then ceases to participate in the HIDTA, you should make this equipment available to the HIDTA's Executive Board for use by other HIDTA participants. 73 Grant G(WNW0004A. Page 4 of 4 8. All law enforcement entities that receive funds from this grant must report all methamphetamme laboratory seizure data to the National Clandestine Laboratory Database/National Seizure System at the El Paso Intelligence Center. C. Payment Basis A request for Advance or Reimbursement shall be made using the Department of Health and Human Services Division of Payment Management System (www.dpm.psc.gov). Copies of invoices or payroll registers must accompany the payment confirmation number to provide documentation for the reimbursement request. Requests for advances must be accompanied by details specifying the need for the advance. Documentation of how the advance was spent must be submitted within 21 days before another advance or reimbursement will be approved. 2. The HIDTAs, or their respective grantees, must utilize the Financial Management System's (FMS) Disbursement module each time they submit a disbursement request to the NHAC. Requests for payment in the DPM system will not be approved unless the required disbursements have been entered into the FMS. Payments will be made via Electronic Fund Transfer to the award recipient's bank account. The bank must be FDIC insured. The account must be interest bearing. Except for interest earned on advances of funds exempt under the Intergovernmental Cooperation Act (31 U.S.C. 6501 et seq.) and the Indian Self -Determination Act (23 U.S.C. 450), grantees and subgrantees shall promptly, but at least quarterly, remit interest earned on advances to the Department of Health and Human Services, Division of Payment Management (HHS/DPM). When submitting your checks, please provide a detailed explanation which should include: reason for check (remittance of interest earned on HIDTA advance payments), check number, grantee name, grant number, interest period covered, and contact name. and number. Ms. Janet Fowler Division of Payment Management Department of Health and Human Services 11400 Rockville Pike, Suite 700 Rockville, MD 20852 4. The grantee or subgrantee may keep interest amounts up to $100 per year for administrative purposes. (21 CFR § 1403.21(h)(2)(i) et. seq.) RECIPIENT ACCEPTANCE OF GRANT CONDITIONS Signature: Name: Pete Kremen Title: County Executive Date: 74 1111910802:58 PM Server: HTTP HFINDB User: everesladmin AppSe1:HIDTA Appliwli—FMS FY 2009 - Northwest HIDTA Budget Detail All Initiatives Award Recipient - Whatcorn County Grant/MOA - G09NW0004A Resource Recipient - Northwest Initial Budget Ap roved 175,073 Personnel Position # Positions Subtotal Personnel Attorney 1.00 85,414 Paralegal & support 1.00 35,169 Total Personnel 120,583 Fringe Benefits Name/Position Subtotal Benefits Attorney 27,189 Paralegal & support 17,545 Total Fringe Benefits 44,734 Overtime Position # Positions Subtotal Overtime Total Overtime Travel Purpose # Positions Subtotal Travel Total Travel Facilities Description # Leases Subtotal Facilities Total Facilities Services Description and Quantity "# Services Subtotal Total Services Software - maintenance 9,756 Total Services . 9,756 Equipment Description # Equipment Subtotal Equipment Total Equipment Supplies Description Subtotal Supplies Total NOTE: The total of all budgets is limited to the amount indicated on the grant award document. Funds may not be expended in excess of the official grant award amount. 1 of 2 75 1111910802:58 PM Server: HTTP HFINOB User: e—esladmin ADDSe1:HIOTA Appri-lion: FMS FY 2009 - Northwest HIDTA Budget Detail All Initiatives Award Recipient - Whatcom County Grant/MOA - G09NW0004A Resource Recipient - Northwest Initial Budget (Approved) 175,073 Other Description Subtotal Other Total Total Budget 175,073 NOTE: The total of all budgets is limited to the amount indicated on the grant award document. Funds may not be expended in excess of the official grant award amount. 2 of 2 76 1111910802:58 PM Server. HTTP://FINDS User: ever I.ftin AppSe1:HIDTA Appfcali— FMS FY 2009 - Northwest HIDTA Budget Detail Initiative - Northwest HIDTA Border Task Force - Prosecution Prosecution Award Recipient - Whatcom County Grant/MOA - G09NW0004A Resource Recipient - Whatcom County Prosecutor's Office Initial Budget (Approved) 175,073 Personnel Position # Positions Subtotal Personnel Attorney 1.00 85,414 Paralegal & support 1.00 35,169 Total Personnel 120,583 Fringe Benefits Name/Position Subtotal Benefits Attorney 27,189 Paralegal & support 17,545 Total Fringe Benefits 44,734 Overtime Position # Positions Subtotal Overtime Total Overtime Travel Purpose # Positions Subtotal Travel Total Travel Facilities Description # Leases Subtotal Facilities Total Facilities Services Description and Quantity # Services Subtotal Total Services Software - maintenance 9,756 Total Services 9,756 Equipment Description # Equipment Subtotal Equipment Total Equipment Supplies Description Subtotal Supplies Total NOTE: The total of all budgets is limited to the amount indicated on the grant award document. Funds may not be expended in excess of the official grant award amount. 1 of 2 77 11119/0802:50 PM Server.11TTP://FINDB User:eve—Wdmin AonSe1:NIDTA Aonlicafion:FMS FY 2009 - Northwest HIDTA Budget Detail Initiative - Northwest HIDTA Border Task Force - Prosecution Prosecution Award Recipient - Whatcom County Grant/MOA - G09NW0004A Resource Recipient - Whatcom County Prosecutor's Office Initial Budget (Approved). 175,073 Other Description Subtotal Other Total Total Budget 175,073 NOTE: The total. of all budgets is limited to the amount indicated on the. grant award document. Funds may not be expended in excess of the official grant award amount. 2 of 2 a WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-141 ,CLEAkINCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator Lynne LC 212019 Givler 3/17/09 Finance/Council Division Head: k 0 9 2009 Dept. Head: Michael ,�$• Z b -n McFarlane WHAT ..OM COUNTY Prosecutor: Purchasing/Budget: 3 Executive:"� TITLE OF DOCUMElft.• Bay Horizon Building Demolition Request ATTACHMENTS. Site Plan Indicating Buildings Proposed for Demolition SEPA review required? ( x )Fes () NO Should Clerk schedule a hearing? ( ) Yes ( X) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The Parks & Recreation Department is requesting approval to demolish eleven buildings at Bay Horizon Park. The buildings are in derelict condition and contain asbestos. As a result it would be financially prohibitive to bring the structures up to serviceable condition. In addition, the presence of the buildings is occupying space that will be able to be utilized for park purposes such as playfields, a playground, etc. The buildings are an attractive nuisance to neighborhood kids and those seeking materials to steal for salvage value. The Parks acquired Bay Horizon Park, formerly the Blaine Air Force Base, at no cost through the Federal Lands to Parks program. A SEPA Checklist, Land Disturbance Permit Application and Demolition Permit Application are all being submitted to County Planning in late February 2009. COMMITTEE ACTION. COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.waus/council. 79 WH.ATCOM COUNTY PARKS & RECREATION 3373 Mount Baker Highway Bellingham, WA 98226-9522 MEMORANDUM '�rfr C"04• 4 TO: Pete Kremen, County Executive County Council FROM: Lynne Givler via Michael McFarlane ! DATE: February 19, 2009 RE: Bay Horizon Park Building Demolition Request MICHAEL G. McFARLANE Director ROBERT J. BUNNETT Recreation & Senior Services Manager LYNNE GIVLER Parks Operations Manager I {_i; r 70s ('PE T E l RIE-Ni N Background: Eleven structures at Bay Horizon Park (south of Alderson Road near Birch Bay) are in derelict condition and contain asbestos. As a result it would be financially prohibitive to bring the structures up to serviceable condition. In addition, the presence of the buildings is occupying space that will be able to be utilized for park purposes such as playfields, a playground, etc. The buildings are an attractive nuisance to neighborhood kids and those seeking materials to steal for salvage value. The Parks acquired Bay Horizon Park, formerly the Blaine Air Force Base, at no cost through the Federal Lands to Parks program. Options Explored: 1. Refurbish This option was explored and dismissed a number of years ago as the costs proved to be prohibitive to bring the buildings up to an acceptable condition. In addition, the buildings would not serve a park purpose which was the condition of receiving the property at no cost. 2. Recycle/Demolish The contents of the structures include Parks' items stored at the site and items left from the Blaine Air Force days. We met with Finance Department staff to determine the condition of the contents. Items determined to be of value to the County will be moved to another facility or auctioned off. By far the majority of the items were considered only suitable for disposal or salvage. All items with County tags will be photographed and documented prior to disposal. The contractor will be encouraged to recycle building materials and may be able to offset some of the cost of demolition through salvage. We will also offer an option in the bid process to crush the concrete on site and stockpile it for use as trail base at Bay Horizon or other park sites. Phone (360) 733-2900 FAX (360) 676-1180 80 Steps Taken: a. Council approved ASR #2009-4272 "Demo Buildings and Build Pedestrian Bridges" at Bay Horizon Park for $384,283. The demolition and asbestos abatement work was funded at $368, 533. b. Phillips Environmental Services has completed detailed asbestos surveys for each of the eleven buildings. The surveys will be included in the demolition bid package, and asbestos abatement will be included in the scope of work. c. A SEPA checklist, and Land Disturbance and Demolition permits will be submitted to County Planning by the end of February. d. The State Department of Archaeology and Historic Preservation is currently reviewing the buildings proposed for demolition. Approval is expected within two weeks given that the buildings are post -World War II and have little historic value. e. The project will be bid in March or early April pending approval to demolish. Conclusion: The buildings proposed for demolition are an attractive nuisance, are not suitable for renovation and are not meeting park purposes. Removing them will set the stage for future park improvements in partnership with the Northwest Parks & Recreation District, which currently has funding. Enclosed: Site Plan Indicating Buildings Proposed for Demolition � � z � W � �8 e e a �c gg iW � 2 e zoom d �8 �Ze. � � � �y'�o„ � W W � W W� rc� �� �� �:-��o I WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-142 CLEARANCES Initial Date Date Received in Council Office A ends ate Assigned to: Finance/Counc Originator: im 219109 M EC E n v MAR 0 9 2009 O NTV WH A'd"(�/' M COUNTY �l1 1 I VV f7r1ECOUNCIL 3/17/09 Division Head."'y (JANED Dept Head: 6Z Z�-o� Prosecutor. Purchasing/Budget: 8 �. Z6 �5 Executive: 7 TITLE OF DOCU ENT: ntract between Whatcom County and Whatcom Counseling and Psychiatric Clinic for Shelter Plus Care Housing Implementation Services ATTACHMENTS: 1. Memorandum SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( ) Yes (X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Shelter Plus Care is a federally -funded program that provides long-term rental assistance to homeless persons with serious mental illness. In Whatcom County, the Shelter Plus Care program is administered by the Bellingham Whatcom County Housing Authorities (BWCHA) through participating "sponsors," one of which is Whatcom Counseling and Psychiatric Clinic. Funding provided by the County under the contract will enable WCPC to improve the residential stability of Shelter Plus Care clients through the provision of housing case management, meet the administrative obligations of Shelter Plus Care sponsorship, and assume the risk associated with sponsorship, since WCPC serves as a co-signer of client leases. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom,wa.us/council. it WHATCOM COUNTY HEALTH DEPT. 509 Girard St. Bellingham, WA 98225 TO: FROM: RE: DATE: Regina A. Delahunt Director Pete Kremen, MEMORANDUM County Executive Regina A. Delahunt, Director Whatcom Counseling and Psychiatric Clinic, Shelter Plus Care Housing Implementation Services February 20, 2009 Enclosed are two (2) originals of a contract between Whatcom County and Whatcom Counseling and Psychiatric Clinic (WCPC) for your review and signature. ■ Background and Purpose Shelter Plus Care is a federally -funded program that provides long-term rental assistance to homeless persons with serious mental illness. In Whatcom County, the Shelter Plus Care program is administered by the Bellingham Whatcom County Housing Authorities (BWCHA) through participating "sponsors," one of which is WCPC. Funding provided by the County under the contract will enable WCPC to improve the residential stability of Shelter Plus Care clients through the provision of housing case management, meet the administrative obligations of Shelter Plus Care sponsorship, and assume the risk associated with sponsorship, since WCPC serves as a co-signer of client leases. ■ Funding Amount and Source The source of funding for this contract, in the amount not to exceed $40,823.20, is Whatcom County mental health millage funds ($13,333.00) and County -held ESSHB 2163 and HB 1395 (i.e. document recording fees) funds ($27,490.20). Funding is included in the current budget. Council approval is required, and an Agenda Bill is attached. ■ Differences from Previous Contract This is a new contract being issued pursuant to RFP #08-85. Please contact Gail de Hoog at extension 30693 if you have any questions or concerns regarding the terms of this agreement. Encl. Lg'113a0 4- tZ-Z-Zoo %milt %.newt WujCGt vuucf Whatcom County�L WHATCOM COUNTY CONTRACT Contract No. Approved by .lam. INFORMATION SHEET D 0 9 O 2O � a Originating Department: Health Contract Administrator: Gail de Hoo Contractor's /A ency Name: Whatcom Counseling and Psychiatric Clinic Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes X No Yes _ No If yes, previous number(s): Is this a grant agreement? Yes _ No X If yes, grantor agency contract number(s) CFDA number Is this contract grant funded? Yes No X If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Yes X No If yes, RFP and Bid number(s) 08-85 Contract Amount: (sum of orig contract amt If a Professional Services Agreement is more than $15, 000 or a Bid is more than and any prior amendments) $35, 000, please submit an Agenda Bill for Council approval and a supporting $ 40,823.20 memo. Any amendment that provides either a 10% increase in amount or more than This Amendment Amount: $10, 000, whichever is greater, must also go to Council and will need an agenda bill $ and supporting memo. If less than these thresholds, just submit to Executive with Total Amended Amount: supporting memo for approval. Scope of Services Shelter Plus Care is a federally -funded program that provides long-term rental assistance to homeless persons with serious mental illness. In Whatcom County, the Shelter Plus Care program is administered by the Bellingham Whatcom County Housing Authorities through participating "sponsors," one of which is Whatcom Counseling and Psychiatric Clinic. Funding provided by the County under the contract will enable WCPC to improve the residential stability of Shelter Plus Care clients through the provision of housing case management, meet the administrative obligations of Shelter Plus Care sponsorship, and assume the risk associated with sponsorship, since WCPC serves as a co-signer of client leases. Term of Contract: 04101109-12131109 Expiration Date: 12131109 Contract Routini, Steps & Siznoff' lsi-en or initial! !indicate date transmitted 1. Prepared by: JM Date 219109 [electronic] 2. Attorney reviewed: r.w Date 219109 [electronic] 3. AS Finance reviewed: Waldwell Date 2112109 _[electronic] 4. IT reviewed if IT related Date _ [electronic] 5. Corrections made: JM Date_2112109 [electronic] hard copy printed 6Attorney signoff '� �' Date 7. Contractor signed: ' — ✓ Date .a _a o - o!- 8. Submitted to Exec Office ✓ Date a - 26 -o9 [summary via electronic; hardcopies] 9. Reviewed by DCA Date 10. Council approved (tf necessary) Date 11. Executive signed: Date 12. Contractor Original 13. Returned to dept; Date 14. County Original to Council Date this form may need to expand to more than one page rOUNTy ORIGINAL Whatcom County Contract No. A00 90 ao as CONTRACT FOR SERVICES AGREEMENT WHATCOM COUNSELING & PSYCHIATRIC CLINIC, SHELTER PLUS CARE Whatcom Counseling and Psychiatric Clinic, hereinafter called Contractor, and Whatcom County, hereinafter referred to as County, agree and contract as set forth in this Agreement, including: General Conditions, pp. 3 to 7, Exhibit A (Scope of Work), pp. 8 to 9, Exhibit B (Compensation), pp. 10 to 11, Exhibit C (Certificate of Insurance), p. 12. Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein. The term of this Agreement shall commence on the 15t day of April, 2009, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 315t day of December, 2009. The general purpose or objective of this Agreement is to provide Shelter Plus Care housing implementation services, as more fully and definitively described in Exhibit A hereto. The language of Exhibit A controls in case of any conflict between it and that provided here. The maximum consideration for the initial term of this agreement or for any renewal term shall not exceed $40,823.20. The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. Contractor acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs 11.1, 21.1, 30.1, 31.2, 32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement thisa�Iay of 2009. CONTRACTOR: Whatcom Counseling and Psychiatric Clinic STATE OF WASHINGTON ) ) ss. COUNTY ONQV\, l�WV\/ ) On this y of �� VLX 009, before me �l' uy (title) om instrument and who acknowledged to me the a L. 40TARI-�m's `°118L1 o�ry�o= ° WAS%" Contract for Services Agreement HL_040109 WCPC_Shelter Plus Care ally appeare to me known to be the ��►f_._ �e,tl�ompany) and who executed the above and NOTARY PUBLIC in nd for the State of Washington, residing at My commission expires Page 1 v 1.0 WHATCOM COUNTY: Recommended for Approval: Re 'n . Delahunt, Director Date Approved as to form: �1 L �� \\/) - k� --4 — ) Prosecuting Attorney Date Approved: Accepted for Whatcom County: By: Pete Kremen, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) Pro ram Appr I: .,. ©2-z3-dq Anne eacon, Human Services Manager Date On this day of , 2009, before me personally appeared Pete Kremen, to me known to be the Executive of Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires CONTRACTOR INFORMATION: Whatcom Counseling and Psychiatric Clinic Address: 3645 E. McLeod Rd. Bellingham, WA 98226 Mailing Address: Same as above. Contact Name: Andy Byrne, Executive Director Contact Phone: (360) 676-2220 Contact FAX: (360) 676-7750 Contact Email: andy.byrnei(�whatcomcounseling.org Contract for Services Agreement HL_040109 WCPC_Shelter Plus Care Page 2 v 1.0 GENERAL CONDITIONS Series 30-39; Provisions Related to Administration of Agreement 0.1 Scope of Services: The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A," during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. Series 10-19: Provisions Related to Term and Termination 10.1 Term: Services provided by the Contractor prior to or after the term of this contract shall be performed at the expense of the Contractor and are not compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties. 10.2 Extension: The duration of this Agreement may be extended by mutual written consent of the parties, for a period of up to one year at a time, and for a total of no longer than three years. 11.1 Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. Termination shall be effective upon the Contractor's receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. 11.2 Termination for Reduction in Funding: In the event that funding from State, Federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement, and prior to its normal completion, the County may summarily terminate this Agreement as to the funds withdrawn, reduced, or limited, notwithstanding any other termination provisions of this Agreement.. If the level of funding withdrawn, reduced, or limited is so great that the County deems that the continuation of the programs covered by this Agreement is no longer in the best interest of the County, the County may summarily terminate this Agreement in whole, notwithstanding any other termination provisions of this Agreement. Termination under this section shall be effective upon receipt of written notice as specified herein, or within three days of the mailing of the notice, whichever occurs first. 11.3 Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion, that such termination is in the interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work. performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute breach of contract by the County. Series 20-29: Provisions Related to Consideration and Payments 20.1 Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Contract for Services Agreement HL_040109 WCPC_Shelter Plus Care Page 3 v 1.0 Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer"), the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." 21.1 Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees -to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 22.1 Withholding Payment: In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to the Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling the Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to the Contractor by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: The Contractor agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and the State of Washington. Series 30-39: Provisions Related to Administration of Agreement 30.1 Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any benefits including, but not limited to, vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that he/she/it maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract to the Internal Revenue Service on a Schedule C, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. Contract for Services Agreement HL_040109 WCPC_Shelter Plus Care Page 4 v 1.0 M The Contractor will defend, indemnify, and hold harmless the County, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 30.2 Assignment and Subcontracting: The performance of all activities contemplated by this agreement shall be accomplished by the Contractor. No portion of this contract may be assigned or subcontracted to any other individual, firm, or entity without the express and prior written approval of the County. 30.3 No Guarantee of Employment: The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. 32.1 Confidentiality: The Contractor, its employees, subcontractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the County or an order entered by a court after having acquired jurisdiction over the County. The Contractor shall immediately give to the County notice of any judicial proceeding seeking disclosure of such information. The Contractor shall indemnify and hold harmless the County, its officials, agents, or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from the Contractor's breach of this provision. 33.1 Right to Review: This contract is subject to review by any Federal, State, or County auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by the County Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on -site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for three (3) years after contract termination, and shall make them available for such review, within Whatcom County, State of Washington, upon request. The Contractor also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this Agreement. If no advance notice is given to the Contractor, then the Contractor agrees to notify the Administrative Officer as soon as it is practical. 34.1 Proof of Insurance: The Contractor shall carry for the duration of this Agreement general liability and property damage insurance with the following minimums: Property Damage per occurrence - $500,000.00 General Liability & Property Damage for bodily injury- $1,000,000.00 A certificate of such insurance, that also identifies the County as an additional insured, is attached hereto as Exhibit "C". 34.2 Industrial Insurance Waiver: With respect to the performance of this agreement and as to claims against the County, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this agreement. 34.3 Defense & Indemnity Agreement: The Contractor agrees to defend, indemnify, and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors, its successor or assigns, or its agents, servants, or employees, the County, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County or its appointed or elected officials or employees. Contract for Services Agreement HL_040109 WCPC_Shelter Plus Care Page 5 v 1.0 a It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. 35.1 Non -Discrimination in Employment: The County's policy is to provide equal opportunity in all terms, conditions, and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take affirmative action to ensure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to, advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 35.2 Non -Discrimination in Client Services: The Contractor shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this Agreement; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this Agreement; or deny an individual or business an opportunity to participate in any program provided by this Agreement. 36.1 Waiver of Noncompetition: Not Applicable 36.2 Conflict of Interest: If at any time prior to commencement of, or during the term of this Agreement, the Contractor or any of its employees involved in the performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict with the County's interest, then the Contractor shall immediately notify the County of the same. The notification of the County shall be made with sufficient specificity to enable the County to make an informed judgment as to whether or not the County's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, the County may require the Contractor to take reasonable steps to remove the conflict of interest. The County may also terminate this contract according to the provisions herein for termination. 37.1 Administration of Contract: This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the State of Washington. The Contractor also agrees to comply with applicable federal, state, county, or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. The County hereby appoints, and the Contractor hereby accepts, the Whatcom County Executive, and his or her designee, as the County's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this Agreement, including the County's right to receive and act on all reports and documents, and any auditing performed by the County related to this Agreement. The Administrative Officer for purposes of this agreement is: Gail de Hoog, Housing Program Specialist Whatcom County Health Dept. 509 Girard St. Bellingham, WA 98225 (360) 676-6724, ext. #30693 gdehoogOco.whatcom.wa.us 37.2 Notice: Contract for Services Agreement HI_ 040109_WCPC_Shelter Plus Care Page 6 v 1.0 91 Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given by the Contractor to the County's Administrative Officer under this Agreement. Notice to the Contractor for all purposes under this Agreement shall be given to the address provided by the Contractor herein above in the "Contractor Information" section. Notice may be given by delivery or by depositing in the US Mail, first class, postage prepaid. Series 40-49: Provisions Related to interpretation of Agreement and Resolution of Disputes 40A Modifications: Either party may request changes in the Agreement. Any and all agreed modifications,.to be valid and binding upon either party, shall be in writing and signed by both of the parties. 41.1 Severability: If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this contract are declared severable. 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified, or deleted except by an instrument, in writing, signed by the parties hereto. The failure of the County to insist upon strict performance of any of the covenants and agreements of this Agreement, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. 42.1 Disputes: a. General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. b. Notice of Potential Claims: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. c. Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. 43.1 Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom. This Agreement shall be governed by the laws of the State of Washington. 44.1 Survival: The provisions of paragraphs 11.1, 11.2, 11.3 , 21.1, 22.1, 30.1, 31.1, 31.2, 32.1, 33.1, 34.2, 34.3, 36.1, 40.2, 41.2, 42.1, and 43.1, if utilized, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 45.1 Entire Agreement: This written Agreement, comprised of the writings signed or otherwise identified and attached hereto, represents the entire Agreement between the parties and supersedes any prior oral statements, discussions, or understandings between the parties. Contract for Services Agreement HL_040109_WCPC_Shelter Plus Care Page 7 v 1.0 92 EXHIBIT "A" SCOPE OF WORK Background Shelter Plus Care is a federally -funded program that provides long-term rental assistance to homeless persons with disabilities, primarily those with serious mental illness, chronic problems with alcohol and/or drugs, and HIV/AIDS or related diseases. The program requires that housing assistance be matched with supportive services (e.g., case management, mental health services) funded through other sources. In Whatcom County, the Shelter Plus Care program is administered by the Bellingham Whatcom County Housing Authorities (BWCHA) through participating "sponsors," one of which is Whatcom Counseling and Psychiatric Clinic. Although Whatcom County is not responsible for the funding or implementation of the Shelter Plus Care program, the County is providing matching funds in order to fund the administrative costs associated with delivering Shelter Plus Care services. Statement of Work Under this contract, the Contractor will: ■ Locate and rent or lease rental housing units, which meet Federal Shelter Plus Care requirements, to at least 50 and up to 58 new and/or continuing Shelter Plus Care clients each month. Clients may be either tenant -based or sponsor -based placements. At least 20 of these individuals who receive a Shelter Plus Care subsidy must be referred by the Whatcom Homeless Service Center. ■ Prepare Shelter Plus Care screening and application documents with prospective clients. ■ Place approved Shelter Plus Care clients in either clinic -run or community housing. ■ Coordinate security deposits, rent payments, legal expenses associated with tenant evictions, and damage claims beyond normal wear and tear with participating landlords. ■ Document client eligibility and lease agreement for the Shelter Plus Care program in the client file. ■ Provide housing case management services to Shelter Plus Care clients in order to promote housing retention. Housing case management services include, but are not limited to: o Developing, monitoring, and updating an individualized housing plan for each client, based on client need. o Documenting client progress in establishing and/or maintaining housing stability through case management progress notes, to be contained in -the client file. o Conducting in -home assessments and/or visits with the client in order to identify and address barriers to housing stability. o Educating the client about cleaning and maintaining housing units and financial literacy/money management. o Educating clients about rental/lease compliance and tenant responsibilities under Landlord Tenant Law. o Referring clients to employment, training, and other community services. o Assisting clients with. and/or training clients about life skills and/or activities of daily living. o Assisting clients in communicating and resolving conflicts with landlords and other tenants. o Assisting clients with developing a housing exit plan that coordinates with their exit from WCPC mental health services. ■ Comply with BWCHA Shelter Plus Care sponsorship duties. Contract for Services Agreement HL_040109 WCPC_Shelter Plus Care Page 8 93 Assist clients in preparing Section 8 and/or public housing applications. Manage a Risk Mitigation Fund, which are funds that are to be held by the Contractor in the event of damages or expenses incurred (e.g., covering the costs of security deposits and/or first and last month's rent, unpaid rent, legal expenses associated with tenant evictions, and tenant -caused damages beyond normal wear and tear) that are in excess of the federal Shelter Plus Care coverage. Expenditure of these funds is governed by the "Landlord Guarantee Fund" policies and procedures developed by the Whatcom Homeless Service Center. All expenditures require written authorization from Whatcom County. Contract for Services Agreement HL_040109 WCPC_Shelter Plus Care Page 9 E EXHIBIT "B" COMPENSATION The source of funding for this contract, in the amount not to exceed $40,823.20, is Whatcom County mental health millage funds and County -held ESSHB 2163 and HB 1395 (i.e: document recording fees) funds. The budget for this program is as follows: Item Unit Cost Budget Housing Coordinator (.8 FTE, including salary and benefits $26.37 per hour $32,909.76 Office supplies Average of $35 per month $314.18 Data processing $284.26 $284.26 Telephone Average of $34 per month $306.70 Insurance $246.86 $246.86 Automobile expense 0.55 per mile (or current Federal mileage reimbursement rate $276.78 Office space Approx. $100.57 per month $905.14 Risk Mitigation Fund As authorized by Whatcom County $2,500.00 Subtotal $37,743.68 Administrative Cost Approx. 8% 1 $3,079.52 TOTAL 40,823.20 The Contractor may shift funds between line items in an amount up to 10% of the total contract budget, with the exception that administrative costs will in no case exceed 10% of direct costs. Invoicing The Contractor shall submit itemized invoices on a monthly basis in a format specified by the County. Monthly invoices must be submitted by the 15th day of the month following the month of service. Invoices submitted for payment must include documentation of staff time and effort, including hours worked under this contract and rate, and a list of all active Shelter Plus Care clients, listed by a unique client identification number and the date the client's Shelter Plus Care lease.began. Reimbursement requests for office supplies and telephone expenses must be accompanied by a receipt or vendor invoice. 2. Reimbursements for risk mitigation claims will be made in accordance with the "Landlord Guarantee Fund" policies and procedures developed by the Whatcom Homeless Service Center. All expenditures of risk mitigation funds require written authorization from Whatcom County. 3. The Contractor shall submit invoices to (include contract #): Gail de Hoog, Housing Program Specialist Whatcom County Health Department 509 Girard St. Bellingham, WA 98225 Contract for Services Agreement HL_040109 WCPC_Shelter Plus Care Page 10 95 4. Payment by the County will be considered timely if it is made within 30 days of the receipt and acceptance of billing information from Contractor. The County may withhold payment of an invoice if the Contractor submits it more than 30 days after the expiration of this contract. 5, Invoices must include the following statement, with an authorized signature and date: I certify that the materials have been furnished, the services rendered, or the labor performed as described on this invoice. 6, Duplication of Billed Costs or Payments for Service: The Contractor shall not bill the County for services performed or provided under this contract, and the County shall not pay the Contractor, if the Contractor has been or will be paid by any other source, including grants, for those costs used to perform or provide the services in this contract. The Contractor is responsible for any audit exceptions or disallowed amounts paid as a result of this contract. Contract for Services Agreement HL_040109 WCPC_Shelter Plus Care Page 11 0 LAMD- CERTIFICATE OF LIABILITY INSURANCE T2 DATE (MMIDDfYY) Z9Z2.009 PRODUCER NEGL)aY ASSOCIATES PO BOX 206 Cedar Grove, NJ 07009 (973)239-9107 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Whatcom Counseling & Psychiatric Clinic 3645 E. McLeod Road Bellingham, WA 98226 INSURERA: Montal Health Risk Retention INSURERS: ScottSdale INSURER C: INSURERD: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE POLICY NUMBER POAL CY EFFECTIVE PDOL CY EXPI D TIO LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE D OCCUR CCL0001748 02/09/09 02/09/10 EACH OCCURRENCE $1 FIRE DAMAGE (Any one fire) $ MED EXP (Any one person) E PERSONAL SADVINJURY $ GENERAL AGGREGATE $1 000, OQQ GERL AGGREGATE LIMIT APPLIES PER: POLICY PRO- LOC JECT PRODUCTS - COMP/OP AGG $ 1 000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON -OWNED AUTOS C1r1,00017t}$ 02/09/09 02/09/10 COMBINED SINGLE LIMIT (Ea accident) $1 0 0 BODILY INJURY (Per person) $ X BODILY INJURY (Pereccldent) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ B EXCESS LIABILITY OCCUR ® CLAIMS MADE DEDUCTIBLE RETENTION $ XLS0058560 02/09/09 - 02/09/10 EACH OCCURRENCE $3 0 0 AGGREGATE $1,000,000 $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATU- TOftY LIMIT E E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEEI $ E.L. DISEASE - POLICY LIMIT I $ A OTHER Professional Liability CCL0001748 02/09/09 02/09/10 $1,000,000 Ea. Claim DESCRIPTION OF OPERATIONSlLOCATION$NBHICLE$IEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate Holden is added as Additional Insured, but only with respects to operations of the Named Insured. CERTIFICATE HOLDER I I ADDITIONAL INSURED: INSURER LETTER: CANCELLATION Whatcom County Health Dept. Administration 509 Girard Street Bellingham, WA 98227 SHOULD ANY OF THE A13OVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL . -J n DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO 50 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON TV INSURER, ITS AGENTS OR REPRESENTATIVES. ACOR❑ 29.S (71971 © ACORD CORPORATION 19RR 97 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-143 CLEARANCES I itial Date Date Received in Council Office Agenda Date Assigned to: Originator: M.McFarlane 02113109 �C, EC 2 � � vjJ E D 3/17/09 Finance/Counci Division Head: Dept. Head: M McFarlane 1 02113109 MAR 0 9 2009 Prosecutor: 21-Z6 e " ���HA�-Co�n COUNTYPurclrasin �sd /Budget: COUNCIL Executive: 3 % TITLE OFDOCUMENT: Residential Lease Agreement between Whatcom County (Parks & Recreation) and Shawn Thompson. ATTACHMENTS: Residential Lease Agreement with Shawn Thompson to lease the house located at 367 E. Lake Samish Drive, Bellingham. SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( ) Yes (X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This Residential Lease Agreement grants permission to Shawn Thompson to lease the house located at 367 E. Lake Samish Drive, Bellingham. The fee for this Residential Lease Agreement is $872.92 plus leasehold tax of 12.84% ($112.08) for a total of $985.00 a month. The previous contract for this residential lease at 367 E. Lake Samish Drive was #20060600L COMMITTEE ACTION. COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us/council. WHATCOM COUNTY PARKS & RECREATION DEPT. 3373 Mt. Baker Hwy. Bellingham, WA 98226 MEMORANDUM TO: Pete Kremen, County Executive FROM: Michael McFarlane, Director RE: Residential Lease Agreement with Shawn Thompson DATE: February 13, 2009 Michael G. McFarlane Director FEB 2 6 2009 PETE KREMEN COUNTY EXECUTIVE Enclosed are two (2) originals of the Residential Lease Agreement between Shawn "fhompson and Whatcom County (Parks and Recreation) for your review and signature. ■ Background and Purpose To grant permission to Shawn Thompson to lease the house located at 367 E. Lake Samish Drive, Bellingham ■ Funding Amount and Source Shawn Thompson will pay $872.92 plus $112.08, leasehold tax of 12.84%, for a total of $985.00 a month. ■ Differences from Previous Contract The previous contract number for this residential lease was #200606001. The tenants were Erin Emry and James Russ Goforth. Please contact Michael McFarlane at extension 32072, if you have any questions or concerns regarding the terms of this agreement, Encl. 99 WHATCOM COUNTY CONTRACT INFORMA TION SHEET Whatcom County Contract No. a0090 0,o2 r Originating Department: Parks & Recreation Contract Administrator: Michael McFarlane Contractor's /Agency Name: Shawn Thompson Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes X No Yes _ No If yes, previous number(s): Is this a grant agreement? Yes No X If yes, grantor agency contract number(s) CFDA number Is this contract grant funded? Yes _ No X If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Yes No X If yes, RFP and Bid number(s) Contract Amount: (sum of orig contract If a Professional Services Agreement is more than $15, 000 or a Bid is amt and any prior amendments) more than $35, 000, please submit an Agenda Bill for Council $985.00 per month ($872.92 plus approval and a supporting memo. Any amendment that provides leasehold tax of $112.08 for a total of either a 10% increase in amount or more than $10,000, whichever is $985.00) greater, must also go to Council and will need an agenda bill and supporting memo. If less than these thresholds, just submit to This Amendment Amount: Executive with supporting memo for approval. Total Amended Amount: Scope of Services To grant permission to Shawn Thompson to lease the house located at 367 E. Lake Samish Drive, Bellingham. Term of Contract: l r Expiration Date: a—1 5-10 Contract Routing Steps & Sienoff Isign or initiall (indicate date transmitted 1. Prepared by: bnims Date 2113109 [hard copy] 2. Attorney reviewed: - CZ r -- Date e - [hard copy] 3. AS Finance reviewed: Date [hard copy] 4. IT reviewed if IT relate Date [electronic] 5. Corrections made: _ Date [electronic] hard copy printed 6. Attorney signoff.• Date Z Contractor signed: sthompson Date 2110109 8. Submitted to Exec Office ,� Date 2- 26 -D i [summary via electronic, hardcopies] 9. Reviewed by DCA Date 10. Council approved (if necessary) Date 11. Executive signed: Date 12. Contractor Original 13. Returned to dept; Date 14. County Original to Council Date this form may need to expand to more than one page 100 COUNTY ORIGINAL WHAT COM COUNTY CONTRACT NO. RESIDENTIAL LEASE AGREEMENT o o o a o a i THIS AGREEMENT, dated as of February 16, 2009, is made and entered into between WHATCOM COUNTY (PARKS & RECREATION DEPARTMENT), a municipal corporation in the State of Washington, hereinafter referred to as the "Landlord" and SHAWN THOMPSON as the "Tenant." In consideration of the covenants and agreements hereinafter set forth, the Landlord does hereby lease to Tenant those certain premises situated at 367 E. Lake Samish Drive, Bellingham, Washington 98229, County of Whatcom, State of Washington, particularly described as follows: two -bedroom home and separate shop / storage area along with yard for a term of one year commencing on the 16th day of February, 2009, and ending on the 15th day of February, 2010, upon the following terms and conditions. RENT: Tenant shall pay monthly rent in the amount of $985.00 ($872.92 plus $112.08 leasehold tax of 12.84%) in advance on or before the first day of each month to the Landlord or to such other person(s) as Landlord from time to time designates in writing. In the event Tenant terminates this lease before its expiration date, Tenant will be responsible for paying rent for the next three months or until the end of the term whichever is shorter, unless a new Tenant is selected and begins paying rent within the three month period. 2. UTILITIES: Tenant shall pay for all services and utilities supplied to the premises, except sewer charges and five 5-gallon containers of drinking water each month. When Tenant's lease begins, the propane tank will be full. Upon vacating the premises, Tenant is responsible for filling the propane tank. If this does not occur Landlord will deduct the cost to fill the tank from the Tenant's Damage, Cleaning and Security Deposit. 3. DAMAGES, CLEANING AND SECURITY DEPOSIT: Tenant has paid a deposit in the amount of $985.00, receipt of which is hereby acknowledged, which shall be deposited by Landlord in a trust account with Key Bank, and which shall not be considered by Tenant to be the last month's rent. Of this deposit, none shall be retained by Landlord as a non-refundable cleaning fee. Upon termination of this tenancy, all or a portion of the remainder of this deposit may be retained by Landlord, and any refund to the Tenant is conditioned as follows: a. Tenant shall have fully performed the obligations hereunder and those set forth in the 1973 Residential Landlord -Tenant Act as amended, or as subsequently amended. b. Tenant shall have occupied the premises for a minimum of six months or longer. c. Tenant shall have returned to Landlord all keys provided during the tenancy. A charge of $10.00 will be assessed for each key not returned by Tenant. Residential Lease Agreement - Page 1. 101 d. Tenant shall have cleaned and restored premises to its original condition at commencement of this tenancy, except for normal wear and tear resulting from ordinary use. e. Tenant shall have remedied or repaired to Landlord's satisfaction any damage to premises or furnishings. f. Tenant shall have left the propane tank full. Within fourteen (14) days after termination of tenancy and vacation of the premises, Landlord will give Tenant a full and specific statement of the basis for retaining any or all of the deposit together with the payment of any refund due. 4. USE OF PREMISES: Tenant shall not assign this Agreement, sublet the premises, give accommodations to any roomers or lodgers or permit the premises to be used for any purposes other than a private dwelling solely for the Tenant and his/her family consisting of the following named person: Shawn Thompson 5. TENANT OBLIGATIONS: Tenant agrees as follows: a. To pay all rent and other charges promptly when due. A late charge of $25.00 will be assessed if rent is not paid by the 5th day of the month. b. Properly use and operate all electrical, gas, heating, plumbing, and other fixtures and appliances supplied by the Landlord. c. To keep the premises in a clean and sanitary condition. d. Not to use the premises for any purpose deemed hazardous by insurance companies. e. To properly dispose of all rubbish, garbage and other organic or flammable waste at reasonable and regular intervals and to assume all costs of extermination and fiunigation for infestation caused by Tenant. f. Not to intentionally or negligently destroy, deface, damage, impair or remove any part of the structure or dwelling, including the facilities, equipment, furniture, furnishings and appliances, or permit any member of his/her family, invitee, licensee or any person under his/her control to do so. g. To repair, at Tenant's expense, any damage to the premises caused by Tenant's acts or neglect or any family member, invitee, licensee or any person under his or her control including a sub -tenant within thirty (30) days of receipt of written notice from Landlord requiring such repairs, or within a shorter time if made necessary by emergency. h. To permit the Landlord, his/her agents, employees or representatives to enter the premises at reasonable times after notice as required by the 1973 Residential Landlord -Tenant Act Residential Lease Agreement - Page 2. 102 for the purpose of inspections or to make necessary repairs or improvements or to show the premises to prospective purchasers, mortgagees or insurance representatives. To permit Landlord to show the premises to prospective tenants after notice as required by the 1973 Residential Landlord -Tenant Act for a period of twenty (20) days prior to expiration of tenancy. j. Not to have pets on the premises, either in the house or outside. k. Not to install a waterbed without the prior written approval of the Landlord. 1. Not to make any alterations, additions, painting or improvements in or to the premises, including changing or adding additional door locks, without the prior written approval of Landlord. in. To notify the Landlord immediately in writing of any necessary repairs or damage to the premises. n. Not to smoke in the house or the shop/garage. o. Not to engage in drug -related activity at the rental premises, or allow a subtenant, sublessee, resident, or anyone else to engage in drug -related activity at the rental premises with the knowledge or consent of the tenant. "Drug -related activity" means that activity which constitutes a violation of Chapter 69.41, 69.50, or 69.52 RCW. p. To conform to the rules and regulations adopted by Landlord. These rules and regulations may be modified by Landlord upon thirty (30) days written notice. q. To provide and maintain receptacles for garbage and trash. r. To mow and water the grass and lawn, and keep the grass, lawn, flowers and shrubbery in good order and condition, and to keep the area immediately surrounding the premises free and clear of all obstructions, snow and ice. s. To use due precaution against freezing of water pipes and waste pipes and stoppage of same in and about the premises. In the event that water pipes or waste pipes are frozen or become clogged by reason of neglect of Tenant, Tenant agrees to repair same at Tenant's expense as well as all damage caused thereby. Tenant shall shut off outside water faucets in the winter. t. There will be no parking permitted of any vehicles and/or trailers, of any type, upon grass or lawn. Tenant is allowed no more than two motor vehicles at the premises and any vehicles must be properly insured and licensed. u. Not to post any political, advertising, or other signs on park property, including in windows Residential Lease Agreement - Page 3. 103 that are visible to the public. Whatcom County Parks & Recreation recognizes the Tenant's right to free speech, but given the public nature of park property it's imperative that the public not conclude that Whatcom County Parks & Recreation is endorsing a particular candidate or political position, or is advertising a particular product or service. 6. TERMINATION: This agreement shall terminate on February 15�,-2010. If at that time the parties have not renegotiated a new lease and the Tenant remains in possession of the residence past that date, then this agreement shall turn into a month -to -month tenancy under all the terms and conditions which existed during the period this lease agreement was in effect. After this one year lease terminates, the month -to -month tenancy can be terminated by either party upon 30 days written notice to the other party. 7. ABANDONMENT: If Tenant defaults in payment of rent and is absent from the premises for a period of fourteen (14) consecutive days, it shall be presumed that Tenant has abandoned the premises and does not intend to resume his/her tenancy. In the event of such an abandonment, Landlord may immediately enter the premises and take possession of any property of Tenant found therein. Any such property shall be stored and disposed of pursuant to the provisions of the 1973 Residential Landlord -Tenant Act as amended. 8. SUBLETTING AND ASSIGNMENT: Tenant agrees not to sublet the premises nor any part thereof nor assign this Agreement in whole or in part without the prior written consent of Landlord. 9. NO WAIVER: Failure of Landlord to insist upon the strict performance of the terms, covenants, agreements and conditions herein contained, or any of them, shall not constitute or be construed as a waiver or relinquishment of Landlord's right thereafter to enforce any such term, covenant, agreement or condition, but the same shall continue in full force and effect. 10. ATTORNEY'S FEES: In the event suit shall be brought regarding the performance of the terms and provisions of this Agreement or because of a breach of any of Tenant's obligations, then Tenant agrees to pay to Landlord reasonable attorney's fees as authorized by R.C.W. Chapter 59.18. 11. HOLD HARMLESS: The Tenant shall protect and hold the Landlord harmless for all claims and damages arising out of the Tenant's negligent use of the permit premises. 12. SPECIAL AGREEMENTS: a) Access to the beach and adjacent fields is permitted for the tenants use and enjoyment, but is controlled by the Whatcom County Parks & Recreation Department and is also available for access by the general public. b) Lead Warning: Housing built before 1978 may contain lead based paint. Lead from paint, paint chips, and dust can pose health hazards if not taken care of properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, Landlord must disclose the presence of known lead -based paint hazards in the Residential Lease Agreement - Page 4. 104 dwelling. Tenant must also receive a federally approved pamphlet on lead poisoning prevention. 13. DELIVERY OF POSSESSION: If for any reason whatsoever Landlord does not deliver possession of the premises at the commencement of the term of this Agreement, rent shall be abated until such date as possession of the premises is tendered by Landlord, and in all other respects this Agreement shall remain in full force and effect and the term shall not be extended thereby. In no event shall Landlord be liable for damages caused by failure to deliver possession of the premises. If possession of the premises is not tendered to Tenant within ten (10) days of the commencement of the term of this Agreement, Tenant may terminate this Agreement by giving written notice to Landlord and any monies paid by Tenant to Landlord shall be refunded to Tenant. Tenant acknowledges that he/she/they have read this agreement and will abide by its terms and will comply with all rules and regulations adopted by Landlord. TENANT Shawn Thompson STATE OF WASHINGTON) ) ss. COUNTY OF WHATCOM ) On this h - day of �b�J QY �Vl&\0W1C n nnO�n;n 360-303-5412 (cell) and 360-734-9360 (work) Telephone number 2001, before me personally appeared and ' to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledges that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal thislE ay of e-d� rvctvi , 2069 BARBARA A. NIMS NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES MARCH 19, 2009 HI NOTARY PUBLIC in and for the State of Washington, residing at F—\jer5ar1 Il0. A My Commission expires: -?, t lq log Residential Lease Agreement - Page 5. 105 Executed as of the date first written above. WHATCOM COUNTY Pete Kremen, County Executive STATE OF WASHINGTON) ) ss. COUNTY OF WHATCOM) On this day of , 20 , before me personally appeared PETE KREMEN, to me known to be the County Executive of WHATCOM COUNTY and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. Given under my hand and official seal this day of 120 NOTARY PUBLIC in and for the State of Washington, residing at Bellingham My Commission expires: WHATCOM COUNTY PARKS & RECREATION APPROVED AS TO FORM: Residential Lease Agreement - Page 6. 106 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-144 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Ori inator: DH 2127109 FRI E C E V V E D MAR. 0 9 2009 3/17/09 Finance/Coup Division Head.• Dept. Head: 4 0 Prosecutor: 7 _ / .. -p,� WHATCOM COUNTY Purchasing/Budget: COUNCIL Executive: d g TITLE OF DOCUMENT. Resolution to set hearing to sell Tax -Title property by negotiation to Whatcom County Parks Department. Reg. #TR2009-01 ATTACHMENTS: Map & Property Profile SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE The Property Management Committee determined the property be sold by negotiation as per R.C.W. 36.35.150(1); when the sale is to any governmental agency and for public purposes. Parcel No. 400118.270441.0000 TACOMA ADDITION TO BLAINE BLOCK 1-TOGETHER WITH VACANT STREETS -ALLEYS ABUTTING, TWN 40 SEC 01 RGE 18 For no less than the principal taxes, interest, penalties, title search and foreclosure costs of $643.13 COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #. Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcomwauslcouncil. ii 107 SPONSORED BY: PROPOSED BY: Treasurer INTRODUCTION DATE: RESOLUTION NO. TO SET HEARING AND NOTICE OF HEARING OF THE SALE OF COUNTY TAX TITLE PROPERTY BY NEGOTIATION REQUEST NO. TR2009-01 1 WHEREAS, the following described property is now, and has been the property of 2 the County of Whatcom, State of Washington since: as noted per parcel below; and, 3 WHEREAS, the Whatcom County Property Management Committee recommends 4 the resolution be passed to effectively meet the legal requirement for the disposal by 5 negotiation pursuant RCW 36.35.150(1) when the sale is to any governmental agency and 6 for public purposes; and, 7 WHEREAS, the Whatcom County Property Management Committee recommends 8 its sale by negotiation to Whatcom County Parks Department; and, 9 WHEREAS, the Whatcom County Property Management Committee recommends 10 the Whatcom County Treasurer enter into negotiations with the applicant; and, 11 WHEREAS, the principal taxes, interest, penalties, title search and foreclosure costs 12 total 643.13; and, 13 WHEREAS, the Whatcom County Council does deem it in the best interest of the 14 County and the people thereof that said property be sold for no less than the principal 15 taxes, interest, penalties, title search and foreclosure costs; and, 16 WHEREAS, Resolution 95-005 designated the Whatcom County Treasurer as 17 negotiator in such sales; and, 18 WHEREAS, RCW 36.35.120 requires the Council to establish the minimum price for 19 said units of property and to determine whether or not a contract will be allowed, or if it will 20 be a cash price; 21 NOW, THEREFORE, BE IT RESOLVED that it is in the best interest of the County 22 to sell for a price to be negotiated by the Whatcom County Treasurer, the following 23 Tax -Title property acquired 1/05/1989, 24 Parcel No. 400118.270441.0000 25 TACOMA ADDITION TO BLAINE BLOCK 1-TOGETHER WITH VACANT STREETS- 26 ALLEYS ABUTTING TWN 40 SEC 01 RGE 18 27 BE IT FURTHER RESOLVED by the Whatcom County Council, that a public 28 hearing on the matter of the sale of said property, under said terms, be held on 29 the day of 2009, at p.m., at the , 30 Whatcom County, Washington; and, 31 BE IT FURTHER RESOLVED that the Clerk of the Whatcom County Council shall 32 give notice of such hearing in the manner prescribed by law under RCW 36.34.030. 33 APPROVED this day of 34 35 ATTEST: 36 WASHINGTON 37 38 Dana Brown -Davis, Council Clerk 39 APPROVED AS TO FORM: 40 41 Civil e y Proting Attorney 2009 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, Seth Fleetwood, Chair 109 o 0 IL2 O p W{y z r' 60, i LiJ N IL nka n o m F- rp:1y:3 Nff . tj �1 JJ I 1 i 1. U. 0 '1S 1 'q19 T-7- ^ I I ��� 6 B L 1 9 6£ 1 2 I/ I 21 I I OII 6 B L 1 9 f b d £I 101 6 B 1 L 1 9 9 I b�-21 11 f 21I I I I 1 8 L 9 I S I o I t 12T I I l i l l f z1 I I I ZI 1 1 1 1 IIII I I I I II �J IIII I17 LLI I__� 11J l_J__L L I I J o W I� I; i I jt i;, 11-I-1 ITI T 1 I I I I I FT- I -CT I I ILI I I I Iu 1 1-1-i L1 -Li Is 'wb d)I x 1 p f z l I� Imo" I I I I �- I �-1 T1 77 1 1 I' 18II 1 1 1 1 1 III I I I I I m I I y 1 {y 1 .I m 1 1 1 I I I I p u I I I I Ib 11 I I I I 1 I I 1 I�� CJ� ,-��I+ �`7 1 e x; I LJ_ L 1 I L L� I I I LI 11 NSF(—ITI TTI 1- �1 rT G b f Z l `F 11 1 b L L I ' I I I (S1 1 'IS wf 0 I� /FT I `f 'rTI�TI I i1 I III 1 1 1 1 1 I -1 Li I II 1 '1 I 11 I l ( JJ Li 3 L1 I 17 F-1 1-I 1 1 1 T-I I n I I LI1�L 1J �IJ I LIB LJ �. 1-TI�; F1 T� rF 1- I ' IS1 I r1 S�i.zx TTT_ I T ,r%f T" i -1 � I �- °x 2� 1 OI 1 6 6771,911siviii I II a \ I FOLlie �T Ile t r TI II. ---gT— 35NVU --u7F— dIHSNAM01 81AAN ZJS N011335 I 1 �o4y4 ego o\� B? NIB £ Ol 1 SlOI >V 41 Nl0 S Ol 1 SlOI zl NlB 01 Ol £ S101 1d33X3 031tl3tln SI OOtl tlw03tll 31ON 110 WHATCOM COUNTY REAL PROPERTY INVENTORY 25-Sep-08 PARCEL PROFILE Item # 270 Parcel# 400118-270441-0000 Custodian TAX TITLE Date Acquired 1 /0/1989 Purchase Price $643.13 Location Blaine Facility TACOMA ADD TO BLAINE BLK:1-TOG WI VAC STS-ALLEYS ABTG Current Use RESIDENTIAL Zoning URBAN RES 4DU/A Acreage $643.13 $0.00 $643.13 $3,000.00 $0.00 $3,000.00 Special Characteristics Physical Inspection Date Last ReAmed Purpose Surplused Saleability Remarks FKA 400118.270416.0000 Sale Status Lease Info T11600 Deed # 5048 1 TREAS DEED TO COUNTY 2/1/1989 1 Auditor's File # 1626910 Volume,Page 93,356 Item # 270 Parcel # 400118-270441-0000 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-145 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: DH 2127109 D MAR 0 9 2009 WHATCOM COUNTY 3/17/09 Finance/Coup Division Head: Dept. Head: Prosecutor: '" �yU2 Purchasing/Budget: I COUNCIL Executive: D� 7 J r TITLE OF DOCUMENT. Resolution to set hearing to sell Tax -Title property by negotiation. Reg. #TR2009-02 ATTACHMENTS: Map & Property Profile SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE The Property Management Committee determined the property be sold by negotiation as per R.C.W. 36.35.150(3); when the property has an assessed value of less than five hundred dollars and the property is sold to an adjoining landowner. Parcel No. 390219.056134.0000 SCENIC HEIGHTS EAST 20 FEET OF LOT 43-EXCEPT NORTH 45 FEET THEREOF TWN 39 RGE 02 SEC 19 For no less than the principal taxes, interest, penalties, title search and foreclosure costs of $836.33 COMMITTEE ACTION: COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at. www.co.whatcom.wa.us/council. ii 112 SPONSORED BY: PROPOSED BY: Treasurer INTRODUCTION DATE: RESOLUTION NO. TO SET HEARING AND NOTICE OF HEARING OF THE SALE OF COUNTY TAX TITLE PROPERTY BY NEGOTIATION REQUEST NO. TR2009-02 1 WHEREAS, the following described property is now, and has been -the property of 2 the County of Whatcom, State of Washington since: as noted per parcel below; and, 3 WHEREAS, the Whatcom County Property Management Committee recommends 4 the resolution, be passed to effectively meet the legal requirement for the disposal by 5 negotiation pursuant RCW 36.35.150(3) when -the property has an assessed value of less 6 than Five hundred dollars and the property is sold to an adjoining landowner, and, 7 WHEREAS, the Whatcom County Property Management Committee recommends 8 its sale by negotiation; and, 9 WHEREAS, the Whatcom County Property Management Committee recommends 10 the Whatcom County Treasurer enter into negotiations with the applicant; and, 11 WHEREAS, the principal taxes, interest, penalties, title search and foreclosure costs 12 total 836.33• and, 13 WHEREAS, the Whatcom County Council does deem it in the best interest of the 14 County and the people thereof that said property be sold for no less than the principal 15 taxes, interest, penalties, title search and foreclosure costs; and, 113 16 WHEREAS, Resolution 95-005 designated the Whatcom County Treasurer as 17 negotiator in such sales; and, 18 WHEREAS, RCW 36.35.120 requires the Council to establish the minimum price for 19 said units of property and to determine whether or not a contract will be allowed, or if it will 20 be a cash price; 21 NOW, THEREFORE, BE IT RESOLVED that it is in the best interest of the County 22 to sell for a price to be negotiated by the Whatcom County Treasurer, the following 23 Tax -Title property acquired 12/09/1993, 24 Parcel No. 390219.056134.0000 25 SCENIC HEIGHTS EAST 20 FEET OF LOT 43-EXCEPT NORTH 45 FEET THEREOF 26 TWN 39 RGE 02 SEC 19 27 BE IT FURTHER RESOLVED by the Whatcom County Council, that a public 28 hearing on the matter of the sale of said property, under said terms, be held on 29 the day of 2009, at p.m., at the , 30 Whatcom County, Washington; and, 31 BE IT FURTHER RESOLVED that the Clerk of the Whatcom County Council shall 32 give notice of such hearing in the manner prescribed by law under RCW 36.34.030. 33 APPROVED this day of 34 35 ATTEST: 36 WASHINGTON 37 38 Dana Brown -Davis, Council Clerk 39 APPROVED AS TO FORM: 40 41 Civil Deputy r ec ;.g=Attorney 2009 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, Seth Fleetwood, Chair 114 d - G W x om 3 I M N V 4 0 a' vl . �•�� IX h 2 ID a5€€� X T 2s f i. IS �,�-,s m . c.N r•.a ' �. ®—i'N -AA?— _ - _i.!'N- r - _ Y• i In� Df .f q\ v Tp 'Q .( N t�l?T, TN O b '�l L i N �• _ y ��•< � md'3ti yC Z 8 V / Di `�lT 's�T Mkl H Y N ga gT b g.r N 3ON3AV �� .. y�� o ,d p Q > O NaNN ><Y In - c p • + - 10 X T a q Y O�G � N N ��. x'Y � •O Ill 00ego Q a9fn D. X) JQ• 00 a y a v+ 3(IN3AV NONNDHS YIP ai o V a O OI N N - /NI c � O• at UO N x r Lu 3 O O 2 lVNge63dOtld - ji - Vi v1Oi w T a',� i� _ �• \, m� Yi 2�.z xalA'M . 1 ? N (� g pm N: Fug ^ k 2.�!/'` sr x a N N N z X \ w rtp•. J = V W N ¢ ' Tvn� -Y O Vl O 1l1^�9• Z n. `� n IO g NJ z 1: .�`.lim Q9 l� O n l QT Q a N N- _ N\ Q % x h, re M ,� Cos 1 u= cc F� �T h Oµ'1. eN-• Y aivm pl O �xT g LP h o. po i VN ra rw u Yi v� n Nm C c/o hi e y rL o N Y r x0. F- `7 C `r J x "• � � xa x • a c, ;No ,"°�� ' a � MTT M a � W Xr 'n O `Q Ir ,a W O � wee �I - es •+� � `^ a • $- 115 WHATCOM COUNTY REAL PROPERTY INVENTORY 14-Oct-08 PARCEL PROFILE Item # 402 Parcel # 390219-056134-0000 Custodian TAX TITLE Date Acquired 12/9/1993 1 Purchase Price $836.32 Location Ferndale, Heights Dr I Facility SCENIC HEIGHTS E 20 FT LOT 43-EXC N 45 FT THEREOF Current Use RESIDENTIAL I Zoning SGL FAM 8500 SF Lcreage s't a $836.32 $0.00 $836.32 $400.00 $0.00 $400.00 Special Characteristics SMALL PARKING SPOT Physical Inspection Date Last Reviewed Purpose Suiplused Saleability Remarks POSSIBLE ADVERSE POSSESSION BY NEIGHBOR Sale Status Lease Info T11600 Deed # 5318 1 TREAS DEED TO COUNTY 1 11/19/2004 1 Auditor's File # 2041200293 Volume,Page Item # 402 Parcel # 390219-056134-0000 116 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-146 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: SM 2124109 March 17, 2009 Originator: (�" " LS ^ E � V E D finance / Counn Division Head: Dept. Head: ,�,l L a �6 -09 MAR 0 9 2009 Prosecutor: WHATCOM COUNTY Purchasing/Budg 3lz/�5 COUNCIL et: Q Executive: 77TLE OFDOCU ENT: Impact Payment Agreement with Seattle City Light ATTACHMENTS. Memorandum and Contract (Impact Payment Agreement) SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing ? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( x ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Requesting authorization for the County Administration to execute the 15-year agreement, an Impact Payment Agreement, between Whatcom County and the City of Seattle. This agreement is for the purpose of recovering impact payments relative to Seattle City Light power plants and dams located in Whatcom County, and in exchange Whatcom County will station one deputy sheriff for general and emergency law enforcement services and appropriate backup as determined by the Sheriff. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us/council. Ll. 117 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. aovyo360 Originating Department: Administrative Services, L)� e cufi ve, Contract Administrator: Dewey Desler Contractor's /Agency Name: City of Seattle Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes X No Yes _ No Ifyes, previous number(s): Is this a grant agreement? Yes _ No X Ifyes, grantor agency contract number(s) CFDA number Is this contract grant funded? Yes _ No X _ Ifyes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Yes _ No X Ifyes, RFP and Bid number(s) Contract Amount: (sum of orig contract If a Professional Services Agreement is more than $15, 000 or a Bid is amt and any prior amendments) more than $35, 000, please submit an Agenda Bill for Council $_(revenue) approval and a supporting memo. Any amendment that provides This Amendment Amount: either a 10% increase in amount or more than $10, 000, whichever is $ greater, must also go to Council and will need an agenda bill and supporting memo. If less than these thresholds, just submit to Total Amended Amount: $ Executive with supporting memo for approval. Scope of Services This is a 15-year agreement between the county and the City of Seattle, for the purpose of recovering impact payments relative to Seattle City Light power plants and dams located in Whatcom County, and in exchange Whatcom County will station one deputy sheriff for general and emergency law enforcement services and appropriate backup as determined by the Sheriff. Term of Contract: 15 years Expiration Date: 1213112023 Contract Routing Steps & Signoff [sign or initial] 1. Prepared by: sm_ 2. Attorney reviewed: 3. AS Finance reviewed: 4. IT reviewed if IT related 5. Corrections made: 6. Attorney signoff.• 1 �,, 7. Contractor signed: 8. Submitted to Exec Office 9. Reviewed by DCA 10. Council approved (if necessary) 11. Executive signed: 12. Contractor Original 13. Returned to dept; 14. County Original to Council [indicate date transmitted] Date 2124109_ _ [electronic] Date [electronic] Date 3 - p [electronic] Date _ [electronic] Date [electronic] hard copy printed Date Date M- o t Date 3-3-o 9 [summary via electronic; hardcopies] Date Date Date Date Date this form may need to expand to more than one page 118 119 WHATCOM COUNTY Executive Office Pete Kremen, County Executive Whatcom County Courthouse 311 Grand Ave, Suite 108 Bellingham, WA 98225-4083 Pkremen@co.whatcom.wa.us TO: FROM: DATE: RE: Pete Kremen, County Executive Whatcom County Council Members Administrative Services Dewey Desler, Director February 24, 2009 Contract — Seattle City Light Administrative Services Dewey Desler, Director Whatcom County Courthouse 311 Grand Avenue, Suite 108 Bellingham, WA 98225 ddesler@co.whatcom.wa.us Enclosed for your review and approval are originals of the Agreement between Whatcom County and Seattle City Light for the purpose of recovering impact payments relative to their power plants and dams located in Whatcom County. ■ Background and Purpose For many years Whatcom County has received impact payments from Seattle City Light (SCL) as negotiated through contractual agreements. Our previous agreement with Seattle City Light expired 12/31/08. I have been working with the leadership of SCL over the past few months in order to develop an agreement that would calculate payments to Whatcom County that are predictable and equitable over a 15 year period. As a part of this proposed. agreement, Whatcom County is committed to stationing one deputy sheriff for general and emergency law enforcement services and appropriate backup as determined by the Sheriff. Seattle City Light provides a home for the Deputy which the County pays a reasonable rent and normal utility costs. ■ Funding Amount and Source Funding comes directly from Seattle City Light. The County is paid in quarterly amounts based on the terms of the agreement. The agreed to amount for the term of this agreement is listed below. Based on a 2.3% inflation rate the first 10 years would be as follows: 2009 895,689 2010 916,443 2011 937,679 2012 959,407 2013 981,638 2009 — 2018 Total: $9,950,963 2014 1,004,384 2015 1,027,657 2016 1,051,470 2017 1,075,834 2018 1,100,763 120 121 ■ Differences from Previous Contract We have negotiated a new formula. It includes a one time adjustment of $131,669. or 17% to the 2008 base payment resulting in a 2009 payment of $895,689. This amount will increase by 2.3% annually as based on the projected CPI-U for the Puget Sound area. If the CPI-U rises by more than 3.3%, then the County has the opportunity to negotiate an increase in the annual payments. The result is a 10 year total payment to Whatcom County of $9,950,963. This amount represents a 49% increase over the 1999 — 2008 base payment total of $6,685,119. Please contact Dewey Desler at extension 50120, if you have any questions or concerns regarding the terms of this agreement. 122 123 COUNTY ORIGINAL IMPACT PAYMENT AGREEMENT This Impact Payment Agreement (the "Agreement") is entered into between THE CITY OF SEATTLE, a municipal corporation of the State of Washington, acting by and through its City Light Department (the "City") and the COUNTY OF WHATCOM, a municipal corporation of the State of Washington (the "County"). WITNESSETH: WHEREAS, RCW 35.21.42.0 authorizes cities owning and operating public utilities having facilities for the generation of electricity located in the counties other than that in which such cities are located to provide for the peace, health, safety and welfare of such county as concerns the utility facilities and the personnel employed in connection therewith, and to enter into contracts with such counties therefor; and WHEREAS, a portion of the City Light Department ("Seattle City Light") hydroelectric generating facilities is located in Whatcom County; and WHEREAS, pursuant to RCW 35.21.420 the City and the County previously entered into a 10-year agreement that expired on December 31, 2008 (the "Previous Agreement"); and. WHEREAS, the City and the County have negotiated terms and conditions for a new agreement, including a one-time payment; to adequately compensate the County for services consistent with RCW 35.21.420. NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: 1. Term. The term of this Agreement shall be from January 1, 2009 through December 31, 2023, unless terminated or extended as specified herein. The term shall be as stated regardless of the date of signature. This Agreement may be extended by mutual agreement of the parties under the same terms, or mutually acceptable terms, for two 3- year extensions. 2. Compensation Methodology. For the term of this Agreement and any extension thereof, the City and County agree to use the compensation methodology established in the Previous Agreement, which utilized the rate of taxation imposed under state law on the output of generation facilities of Public Utility Districts. 3. Annual Escalator. All annual impact compensation payments shall be subject to an escalator of 2.3171736% that shall be applicable on an annual basis starting in 2010 for the term of this Agreement and any subsequent extensions. Notwithstanding the foregoing, if the Puget Sound Consumer Price Index, All Urban Consumers, as Page 1 124 measured by the last Index for each calendar year, rises or falls one full point or more above or below 2.3171736%, the parties agree to enter into discussions regarding modifying the annual escalator. If these discussions result in the parties agreeing to a new annual escalator, that new annual escalator will be used to calculate the amount of future payments. 4. Retroactive Payment Adjustments. The City and County agree that the retroactive payments paid by the City under the Previous Agreement are full compensation for the retroactive application of the impact compensation methodology to past contracts entered into by the parties under RCW 35.21.420 and that such retroactive payments will not be continued under this Agreement. 5. Payment Schedule. The City shall pay, and the County shall accept, the sums of money listed in the following schedule as the full amount of compensation pursuant to this Agreement. The amount due in 2009 represents the 2008 base impact payment of $764,020 plus a one-time payment of $131,669 for a total payment of $895,689. An annual escalator of 2.3171736% has been added to the amounts due in 2010 and thereafter. In the event that the annual escalator of 2.3171736% is changed pursuant to Item 3 of this Agreement, the amounts payable will be modified accordingly. Annual payments shall be as follows: Year Total Annual Payment 2009 $895,689 2010 $916,443 2011 $937,679 2012 $959,407 2013 '$981,638 2014 $1,004,384 2015 $1,027,657 2016 $1,051,470 2017 $1, 075,834 2018 $1,100,763 2019 $1,126,270 2020 $1,152,367 2021 $1,179,070 2022 $1,206, 391 2023 $1,234,345 Total $15,849,406 . Each annual payment shall be paid in four equal quarterly installments, payable on January 1, April 1, July 1 and October 1 of each year, or, if these dates fall on a Saturday, Sunday or holiday, on the first business day following these. dates. The first installment shall be payable within thirty days of complete execution of this Agreement and shall be the amount accruing from January 1, 2009 through the quarter in which the Agreement is fully executed. Page 2 125 6. Deputy Station. The County will station and pay all costs related to at least one (1) deputy sheriff with current First Responder Training (which will be offered by Seattle City Light) and one (1) fully equipped, late -model sheriffs law enforcement vehicle. The deputy sheriff's primary function shall be providing general and emergency law enforcement services and responses in the Newhalem and Diablo areas including, but not limited to the City's Skagit Project facilities. The deputy sheriff will patrol during a normal 40-hour workweek and be subject to emergency call out during non -patrol hours. When the deputy sheriff is away on leave of absence and not present at the Skagit Project, the Whatcom County Sheriffs Office will provide a replacement during the period of absence. If an event requiring a law enforcement response occurs at a time when the resident deputy is off -duty or otherwise unavailable, Dispatch will notify the on -duty Sheriffs Office supervisor who will make an assessment regarding the need for a timely response. If deemed necessary to public safety, the Whatcom County Sheriffs Office will: 1. Contact the resident deputy sheriff and direct him/her to respond; OR 2. Deploy On -Duty Sheriffs Office resources; OR 3. Contact and call out the closest Off -Duty Sheriffs Office deputy sheriff If the deputy sheriff assigned to the City's Skagit Project does not possess current First Responder Training, the County will ensure that the deputy sheriff enrolls and successfully completes the First Responder Training as offered by Seattle City Light. Seattle City Light agrees to pay for the resident deputy sheriffs First Responder Training. The deputy sheriffs work schedule, including office and patrol hours, shall be established by the County Sheriffs Office in cooperation with the City. The City must be notified in writing and at least five working days in advance of schedule changes unless an emergency arises that precludes the ability to provide such notice, in which case notice will be provided as soon as possible. Approved work schedules and changes shall be submitted to the Skagit Project Manager, Seattle City Light. The City shall have the option to establish office space at the Skagit Project for use by the deputy sheriff. The City will continue to furnish support for radio communications, including rack space, antenna and a microwave link from Newhalem to Babcock Mountain. The Whatcom County Sheriffs Office will be the primary provider of law enforcement services at the Skagit Project. Any other law enforcement work that the City may seek, including additional security services, shall, to the extent practicable, be coordinated in advance with the Sheriff. However, the final determination of the necessity of additional law enforcement or security work at the Skagit Project shall rest with the City. 7. Housing for Deputy. The City will provide.suitable housing at the Newhalem site to the County for the deputy sheriff to the same standard as is currently provided and as specified in the Residential Lease Agreement between the City and the County. The County will be responsible for the payment of reasonable rent and normal utility costs associated with the residence. Page 3 126 8. Services Provided. The County agrees to provide to Newhalem and Diablo residents all services normally provided to all other County residents in rural areas through the term of this agreement. The compensation established in Item 5 above shall cover all such services provided by the County during the term of this Agreement. 9. Administration of Agreement. Any concerns or complaints that arise related to the provision of service as outlined in Items 6, 7 and 8 shall be directed to the Whatcom County Executive Office, 311 Grand Ave, Bellingham, WA 98225. The City's interests shall be represented by the Superintendent's Office, Seattle City Light, 700 Fifth Ave, Suite 3200, Seattle, WA 98124. 10. Dispute Resolution. In the event that the City and the County have a dispute over any provision of this Agreement, the aggrieved party shall give written notice to the other party of the nature of the dispute within ten (10) working days of the occurrence giving rise to the dispute. Both parties agree to designate a representative who will meet within a reasonable period and attempt to resolve the'dispute to the mutual satisfaction of both parties. If, within fifteen (15) working days of their first meeting, the appointed representatives fail to resolve any dispute in accordance with the above provisions, the parties shall submit the dispute to arbitration. In such an event, within thirty (30) days after submitting the matter to arbitration, one representative of each party shall meet with the other to select a single arbitrator from an arbitrators list from the American Arbitration Association qualified to serve as arbitrator. If these representatives fail to select an arbitrator within thirty (30) calendar days after the notice of submittal, then the arbitrator shall be selected by the American Arbitration Association. All arbitrators shall be persons knowledgeable, skilled and experienced in the fields pertaining to the dispute, and no person shall be eligible for selection as an arbitrator who is an officer, director, or employee of any party who is otherwise interested in the matter to be arbitrated. All arbitrators shall adhere to the "Code of Ethics for Arbitrators in Commercial Disputes" by the American Arbitration Association and the American Bar Association. Except as otherwise agreed by -the parties, -the arbitration shall be governed by the commercial arbitration rules of the American Arbitration Association (or the rules of practice of a similar, disinterested organization if the American Arbitration Association should cease to exist), provided that to the extent such rules conflict with the applicable laws then in force which are specifically applicable to arbitration proceedings, such laws shall govern. Unless extended by agreement of the parties or by the arbitrator for good cause shown, discovery shall be completed and the hearing shall commence within sixty (60) days after the parties proposals to resolve the dispute have been provided. Within 120 calendar days after the parties positions have been submitted to the arbitrator, unless said arbitrator requests and is granted an extension of time by the parties, said arbitrator will submit a decision to the parties in writing and the parties hereby agree to be bound by that decision. After the decision of the arbitrator, each party shall immediately take whatever action is required to comply with the arbitrator's decision. Any and all fees and expenses of the Page 4 127 arbitrator and/or the American Arbitration Association shall be borne equally by both parties. The decision of the arbitrator shall be final and specifically enforceable, provided that any party may petition a court of competent jurisdiction for confirmation and enforcement of a decision, and for vacation of a decision solely for error of law. In the event that the parties are unable, through no fault of their own, to obtain a valid enforceable arbitration decision, either party shall be entitled to seek legal and equitable remedies in a court of competent jurisdiction. 11. Termination. Each party shall have the. right to terminate this Agreement, during its term or any extension thereof, by giving one year prior written notice to the other party. In the event of termination, the City shall be liable for payments in accordance with the terms of this Agreement for services rendered prior to the effective date of termination. 12. Severability. It is understood and agreed by the parties hereto -that if any part of this Agreement is determined to be illegal, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed as if the Agreement did not contain the particular illegal part. 13. . Miscellaneous. This Agreement contains all of the terms and conditions agreed upon by the parties hereto. The parties agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. The provisions of this Agreement shall be construed as a whole according to their common meaning and consistent with the other provisions herein contained in order to achieve the objectives and purposes of this Agreement. Each party and its counsel has reviewed and revised this Agreement. Each party agrees that the usual rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement. CITY OF SEATTLE WHATCOM COUNTY City Light Department f . By Jorge Carrasco, Superintendent Pete Kremen, County Executive Approved as to Form: Civil Deputy Prb1t111 ting Attorney Page 5 128 STATE OF WASHINGTON ) ss. County of King ) -r On this day of Y , 200 Y . before me personally appeared Jorge Carrasco, to me known to be th Superintendent of the City Light Department of the CITY OF SEATTLE, and. who executed the above instrument and acknowledged to me the act of signing �o,%aling thereof. �V G. ARq��i,�� 0o............. q �' p A 4L J Ups\ NOTARY PUBLIC in and the State of ,�oh'q�;�i��••� Washington residing at 4iFo'.? My appointment expires: �b ; o�q ,rWA 'N` STATE OF WASHINGTON ) ) ss. County of Whatcom ) On this day of , 200, before me personally appeared Pete Kremen, to me known to be the County Executive of WHATCOM COUNTY, and who executed the above instrument and acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington residing at Bellingham. My appointment expires: Page 6 129 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-147 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator:. im 2117109 3/17/09 Finance/Counc MAR 0 9 2009 WHATCOM COUNTY `sd Prosecutor:/�Purchasin 97�, /Bud et: COUNCIL Executive: TITLE OF DOCU ENT: tontrdct between Whatcom County and Lake Whatcom Residential and Treatment Center for Shelter Plus Care Housing Implementation Services ATTACHMENTS: 1. Memorandum 2. C0jj1re,Ct- SEPA review required? ( ) Yes ( X) NO Should Clerk schedule a hearing ? ( ) Yes (X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Shelter Plus Care is a federally -funded program that provides long-term rental assistance to homeless persons with serious mental illness. In Whatcom County, the Shelter Plus Care program is administered by the Bellingham Whatcom County Housing Authorities (BWCHA) through participating "sponsors," one of which is Lake Whatcom Residential and Treatment Center (LWRTC). Funding provided by the County under the contract will enable LWRTC to improve the residential stability of Shelter Plus Care clients through the provision of housing case management and meet the administrative obligations of Shelter Plus Care sponsorship. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. it 130 WHATCOM COUNTY HEALTH DEPT. 509 Girard St. Bellingham, WA 9822.5 TO: FROM: RE: DATE: �oorM1 co 0 QSHI14 MEMORANDUM PetennK11 remen, County Executive iP're� V-1 Regina A. Delahunt, Director Regina A. Delahunt Director Lake Whatcom Residential and Treatment Center, Shelter Plus Care Housing Implementation Services February 27, 2009 Enclosed are two (2) originals of a contract between Whatcom County and Lake Whatcom Residential and Treatment Center (LWRTC) for your review and signature. ■ Background and Purpose Shelter Plus Care is a federally -funded program that provides long-term rental assistance to homeless persons with serious mental illness. In Whatcom County, the Shelter Plus Care program is administered by the Bellingham Whatcom County Housing Authorities (BWCHA) through participating "sponsors," one of which is Lake Whatcom Residential and Treatment Center. Funding provided by the County under the contract will enable LWRTC to improve -the residential stability of Shelter Plus Care clients through the provision of housing case management and meet the administrative obligations of Shelter Plus Care sponsorship. ■ Funding Amount and Source The source of funding for this contract, in the amount not to exceed $21,573.80, is Whatcom County mental health millage funds ($13,333.00) and County -held ESSHB 2163 and HB 1395 (i.e. document recording fees) funds ($8,240.80). Funding is included in the current budget. Council approval is required, and an Agenda Bill is attached. ■ Differences from Previous Contract This is a new contract being issued pursuant to RFP #08-85. Please contact Gail de Hoog at extension 30693 if you have any questions or concerns regarding the terms of this agreement. Encl. 131 6 -At Zg dl ( 2Z 10,0 Coat Center Object Code WHATCOM COUNTY CONTRACT INFORMATIONSHEET Approved by Whatcom County Contract No. a00503003 Originating Department: Health Contract Administrator: Gail de Hoo Contractor's /Agency Name: Lake Whatcom Residential and Treatment Center Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes X No Yes _ No If yes, previous number(s): Is this a grant agreement? Yes ____ No X If yes, grantor agency contract number(s) CFDA number Is this contract grant funded? Yes No X If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Yes X No If yes, RFP and Bid number(s) 08-85 Contract Amount: (sum of orig contract amt If a Professional Services Agreement is more than $15, 000 or a Bid is more than and any prior amendments) $35, 000, please submit an Agenda Bill for Council approval and a supporting $ 21, 573.80 This Amendment Amount: memo. Any amendment that provides either a 10% increase in amount or more than $10, 000, whichever is greater, must also go to Council and will need an agenda bill $ and supporting memo. If less than these thresholds, just submit to Executive with Total Amended Amount: supporting memo for approval. Scope of Services Shelter Plus Care is a federally -funded program that provides long-term rental assistance to homeless persons with serious mental illness. In Whatcom County, the Shelter Plus Care program is administered by the Bellingham Whatcom County Housing Authorities (BWCHA) through participating "sponsors," one of which is Lake Whatcom Residential and Treatment Center. Funding provided by the County under the contract will enable LWRTC to improve the residential stability of Shelter Plus Care clients through the provision of housing case management and meet the administrative obligations of Shelter Plus Caresponsorship. Term of Contract: 04101109—12131109 Expiration Date: 12131109 Contract Routing Stens & Signoff /sign or initiall (indicate date transmitted 1. Prepared by: JM Date 2117109 [electronic] 2. Attorney reviewed: rjw Date 2117109 [electronic] 3. AS Finance reviewed: MCaldwell Date 2/18/09____[electronic] 4. IT reviewed if IT related Date _ [electronic] 5. Corrections made: Date [electronic] hard copy printed 6. Attorney signoff ' Date_ 7. Contractor signed: ,i Date "; �0 8. Submitted to Exec Office ,/ Date ,3-5-d [summary via electronic; hardcopies] 9. Reviewed by DCA Date 10. Council approved (if necessary) Date IL Executive signed. • Date 12. Contractor Original 13. Returned to dept; Date 14, County Original to Council Date this form may need to expand to more than one page 132 UNTY ®VAIGNAL Whatcom County Contract No. 0200go 3 003 CONTRACT FOR SERVICES AGREEMENT LAKE WHATCOM RESIDENTIAL AND TREATMENT CENTER, SHELTER PLUS CARE Lake Whatcom Residential and Treatment Center, hereinafter called Contractor, and Whatcom County, hereinafter referred to as County, agree and contract as set forth in this Agreement, including: General Conditions, pp. 3 to 7, Exhibit A (Scope of Work), p. 8, Exhibit B (Compensation), pp. 9 to 10, Exhibit C (Certificate of Insurance), p. 11. Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein. The term of this Agreement shall commence on the 1s' day of April, 2009, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31st day of December, 2009. The general purpose or objective of this Agreement is to provide Shelter Plus Care housing implementation services, as more fully and definitively described in Exhibit A hereto. The language of Exhibit A controls in case of any conflict between it and that provided here. The maximum consideration for the initial term of this agreement or for any renewal term shall not exceed $21,573.80. The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. Contractor acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs 11.1, 21.1, 30.1, 31.2, 32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement this,? C day of 2009. CONTRACTOR: Lake Whatcom Residential and Treatment Center STATE OF WASHINGTON ) 1 1 ) ss. J COUNTY OF M ) On this day of , 2009, before me perso ally app red 61!YrtG W. NAA le-%( to me known to be the `-t (title) of(Company) and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. QAE•.A;••h�� ARY PUQ in and ffor the -State of Washington, residing at 4�gtON i;••.• (, K wA My commission expires • a. soapTARy�;�;;;�p 0 Contract for Services Agreement HL_040109_LWRTC_Shelter Plus Care Page 1 v 1.0 133 WHATCOM COUNTY: commended o Approval: `\�= I � 1�07 Re ' . Delahunt, Director Date Approved as to form: Prosecuting Attorney `. Date Approved: Accepted for Whatcom County: By: Pete Kremen, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) Program App oval: e 02--2 T aB We Deacon, Human Services Manager Date On this day of , 2009, before me personally appeared Pete Kremen, to me known to be the Executive of Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires CONTRACTOR INFORMATION: Lake Whatcom Residential and Treatment Center Address: 609 North Shore Drive Bellingham, WA 98226 Mailing Address: Same as above. Contact Name: Jenny Billings, Facilities Director Contact Phone: (360) 676-6000 Contact FAX: (360) 676-6006 Contact Email: jennXbillingsnayahoo.com Contract for Services Agreement HL 040109 LWRTC Shelter Plus Care Page 2 v 1.0 134 GENERAL CONDITIONS Series 30-39: Provisions Related to Administration of Agreement 0.1 Scope of Services: The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A," during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. Series 10-19: Provisions Related to Term and Termination 10.1 Term: Services provided by the Contractor prior to or after the term of this contract shall be performed at the expense of the Contractor and are not compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties. 10.2 Extension: The duration of this Agreement may be extended by mutual written consent of the parties, for a period of up to one year at a time, and for a total of no longer than three years. 11.1 Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. Termination shall be effective upon the Contractor's receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. 11.2 Termination for Reduction in Funding: In the event that funding from State, Federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement, and prior to its normal completion, the County may summarily terminate this Agreement as to the funds withdrawn, reduced, or limited, notwithstanding any other termination provisions of this Agreement. If the level of funding withdrawn, reduced, or limited is so great that the County deems that the continuation of the programs covered by this Agreement is no longer in the best interest of the County, the County may summarily terminate this Agreement in whole, notwithstanding any other termination provisions of this Agreement. Termination under this section shall be effective upon receipt of written notice as specified herein, or within three days of the mailing of the notice, whichever occurs first. 11.3 Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion, that such termination is in the interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute breach of contract by the County. Series 20.29: Provisions Related to Consideration and Payments 20.1 Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Contract for Services Agreement HL_040109_LWRTC_Shelter Plus Care Page 3 v 1.0 135 Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer"), the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." 21.1 Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 22.1 Withholding Payment: In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to the Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling the Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to the Contractor by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: The Contractor agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and the State of Washington. Series 30.39: Provisions Related to Administration of Agreement 30.1 Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any benefits including, but not limited to, vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that he/she/it maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract to the Internal Revenue Service on a Schedule C, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. Contract for Services Agreement HL 040109_LWRTC_Shelter Plus Care Page 4 v 1.0 136 The Contractor will defend, indemnify, and hold harmless the County, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 30.2 Assignment and Subcontracting The performance of all activities contemplated by this agreement shall be accomplished by the Contractor. No portion of this contract may be assigned or subcontracted to any other individual, firm, or entity without the express and prior written approval of the County. 30.3 No Guarantee of Employment: The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. 31.2 Patent/Copyright Infringement: Not Applicable 32.1 Confidentiality: The Contractor, its employees, subcontractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the County or an order entered by a court after having acquired jurisdiction over the County. The Contractor shall immediately give to the County notice of any judicial proceeding seeking disclosure of such information. The Contractor shall indemnify and hold harmless the County, its officials, agents, or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from the Contractor's breach of this provision. 33.1 Right to Review: This contract is subject to review by any Federal, State, or County auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by the County Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on -site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for three (3) years after contract termination, and shall make them available for such review, within Whatcom County, State of Washington, upon request. The Contractor also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this Agreement. If no advance notice is given to the Contractor, then the Contractor agrees to notify the Administrative Officer as soon as it is practical. 34.1 Proof of Insurance: The Contractor shall carry for the duration of this Agreement general liability and property damage insurance with the following minimums: Property Damage per occurrence - $500,000.00 General Liability & Property Damage for bodily injury- $1,000,000.00 A certificate of such insurance, that also identifies the County as an additional insured, is attached hereto as Exhibit "C". 34.2 Industrial Insurance Waiver: With respect to the performance of this agreement and as to claims against the County, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this agreement. 34.3 Defense & Indemnity Agreement: The Contractor agrees to defend, indemnify, and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors, its successor or assigns, or its agents, servants, or employees, the County, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County or its appointed or elected officials or employees. Contract for Services Agreement HL_040109_LWRTC_Shelter Plus Care Page 5 v 1.0 137 It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. 35.1 Non -Discrimination in Employment: The County's policy is to provide equal opportunity in all terms, conditions, and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, age, marital status; sexual orientation, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take affirmative action to ensure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to, advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 35.2 Non -Discrimination in Client Services: The Contractor shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this Agreement; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this Agreement; or deny an individual or business an opportunity to participate in any program provided by this Agreement. 36.2 Conflict of Interest: If at any time prior to commencement of, or during the term of this Agreement, the Contractor or any of its employees involved in the performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict with the County's interest, then the Contractor shall immediately notify the County of the same. The notification of the County shall be made with sufficient specificity to enable the County to make an informed judgment as to whether or not the County's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, the County may require the Contractor to take reasonable steps to remove the conflict of interest. The County may also terminate this contract according to the provisions herein for termination. 37.1 Administration of Contract: This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the State of Washington. The Contractor also agrees to comply with applicable federal, state, county, or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. The County hereby appoints, and the Contractor hereby accepts, the Whatcom County Executive, and his or her designee, as the County's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this Agreement, including the County's right to receive and act on all reports and documents, and any auditing performed by the County related to this Agreement. The Administrative Officer for purposes of this agreement is: Gail de Hoog, Housing Program Specialist Whatcom County Health Dept. 509 Girard St. Bellingham, WA 98225 (360) 676-6724, ext. #30693 gdehoog0co.whatcom.wa.us 37.2 Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given by the Contractor to the County's Administrative Officer under this Agreement. Notice to the Contractor for all purposes under this Contract for Services Agreement HL 040109_LWRTC_Shelter Plus Care Page 6 v 1.0 138 Agreement shall be given to the address provided by the Contractor herein above in the "Contractor Information" section. Notice may be given by delivery or by depositing in the US Mail, first class, postage prepaid. Series 40-49: Provisions Related to Interpretation of Agreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 41.1 Severability: If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this contract are declared severable. 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified, or deleted except by an instrument, in writing, signed by the parties hereto. The failure of the County to insist upon strict performance of any of the covenants and agreements of this Agreement, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. 42.1 Disputes: a. General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. b. Notice of Potential Claims: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. c. Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. d. Arbitration: Not Applicable 43.1 Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom. This Agreement shall be governed by the laws of the State of Washington. 44.1 Survival: The provisions of paragraphs 11.1, 11.2, 11.3 , 21.1, 22.1, 30.1, 31.1, 31.2, 32.1, 33.1, 34.2, 34.3, 36.1, 40.2, 41.2, 42.1, and 43.1, if utilized, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 45.1 Entire Agreement: This written Agreement, comprised of the writings signed or otherwise identified and attached hereto, represents the entire Agreement between the parties and supersedes any prior oral statements, discussions, or understandings between the parties. Contract for Services Agreement HL_040109_LWRTC_Shelter Plus Care Page 7 v 1.0 139 EXHIBIT "A" SCOPE OF WORK Background Shelter Plus Care is a federally -funded program that provides long-term rental assistance to homeless persons with disabilities, primarily those with serious mental illness, chronic problems with alcohol and/or drugs, and HIV/AIDS or related diseases. The program requires that housing assistance be matched with supportive services (e.g., case management, mental health services) funded through other sources. In Whatcom County, the Shelter Plus Care program is administered by the Bellingham Whatcom County Housing Authorities (BWCHA) through participating "sponsors," one of which is Lake Whatcom Residential and Treatment Center (LWRTC). Funding provided by the County under the contract will enable LWRTC to improve the residential stability of Shelter Plus Care clients through the provision of housing case management and meet the administrative obligations of Shelter Plus Care sponsorship. Statement of Work Under this contract, the Contractor will: ■ Place or maintain at least 35 and up to 40 new and/or continuing Shelter Plus Care clients each month in either LWRTC-owned or community housing units that meet Federal Shelter Plus Care requirements. ■ Prepare Shelter Plus Care screening and application documents with prospective clients. ■ Assist clients as needed with move -in (e.g., moving personal items, connecting utilities, paying security deposits if needed, etc.) ■ Document client eligibility and lease agreement for the Shelter Plus Care program in the client file. ■ Provide housing case management services to Shelter Plus Care clients in order to promote housing retention. Housing case management services include, but are not limited to: o Developing, monitoring, and updating an individualized housing plan for each client, based on client need. o Documenting client progress in establishing and/or maintaining housing stability through case management progress notes, to be contained in the client file. o Conducting in -home assessments and/or visits with the client in order to identify and address barriers to housing stability. o Educating the client about cleaning and maintaining housing units and financial literacy/money management. o Educating clients about rental/lease compliance and tenant responsibilities under Landlord Tenant Law. o Referring clients to employment, training, and other community services. o Assisting clients with and/or training clients about life skills and/or activities of daily living. o Assisting clients in communicating and resolving conflicts with landlords and/or other tenants. ■ Comply with BWCHA Shelter Plus Care sponsorship duties. ■ Assist clients in preparing Section 8 and/or public housing applications. Contract for Services Agreement HL_040109_LWRTC_Shelter Plus Care Page 8 140 EXHIBIT "B" COMPENSATION The source of funding for this contract, in the amount not to exceed $21,573.80, is Whatcom County mental health millage funds and County -held ESSHB 2163 and HB 1395 (i.e. document recording fees) funds. The budget for this program is as follows: Item Unit Cost Budget Housing Specialist (.5 FTE, including and benefits $18.301hour $14,219.00 -salary Facilities Director (60 hours, including salary and benefits $38.701hour $2,322.00 Office Clerk (37 hours, including salary and benefits $16.751hour $624.75 Clinical Director (60 hours, including salary and benefits $38.701hour $2,322.00 Automobile expense 0.55 per mile (or current Federal mileage reimbursement rate $124.80 SUBTOTAL $19,612.55 Administrative Rate 10% $1,961.25 TOTAL $21,573.80 The Contractor may shift funds between line items in an amount up to 10% of the total contract budget, with the exception that administrative costs will in no case exceed 10% of direct costs. Invoicing 1. The Contractor shall submit itemized invoices on a monthly basis in a format specified by the County. Monthly invoices must be submitted by the 15th day of the month following the month of service. Invoices submitted for payment must include an itemization of time and effort, including staff position, hours worked under this contract, and rate, and a list of all active Shelter Plus Care clients, listed by a unique client identification number the date the client's Shelter Plus Care lease began. 2. -fhe Contractor shall submit invoices to (include contract #): Gail de Hoog, Housing Program Specialist Whatcom County Health Department 509 Girard St. Bellingham, WA 98225 3. Payment by the County will be considered timely if it is made within 30 days of the receipt and acceptance of billing information from Contractor. The County may withhold payment of an invoice if the Contractor submits it more than 30 days after the expiration of this contract. Contract for Services Agreement HL_040109_LWRTC_Shelter Plus Care Page 9 141 4. Invoices must include the following statement, with an authorized signature and date: I certify that the materials have been furnished, the services rendered, or the labor performed as described on this invoice. 5. Duplication of Billed Costs or Payments for Service: The Contractor shall not bill the County for services performed or provided under this contract, and the County shall not pay the Contractor, if the Contractor has been or will be paid by any other source, including grants, for those costs used to perform or provide the services in this contract. The Contractor is responsible for any audit exceptions or disallowed amounts paid as a result of this contract. Contract for Services Agreement HL 040109 LWRTC Shelter Plus Care Page 10 142 OPID KZ DATE(MWODNMI ACORD CERTIFICATE OF LIABILITY INSURANCE LAKEW-1 1 02/25/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE The Unity Group - Bellingham HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 110 Unity Street P.O. Box X ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Bellingham WA 98227 Phone:360-647-9000 Pax:360-734-8496 INSURED Lake Whatcom Residential and Treatment Center 609 North Shore Drive Bellingham WA 98226 COVERAGES INSURERS AFFORDING COVERAGE I NAIC # INSURER A: Philadelphia Ins Companies INSURER B: INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW RAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INKLTR NSR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DDIYY) DATE (MM/DDIYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A g g COMMERCIAL GENERAL LIABILITY PHPK384703 01/27/09 01/27/10 pRERtISEs(Eaoccurence) $ 100,000 x CLAIMS MADE OCCUR MED EXP (Any one person) $ 5,000 A X Occurence Form PHPK382074 01/27/09 01/27/10 PERSONAL BADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENY AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 2 , 000 , 000 }[ POLICY PRO- JECT LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person), $ ALL OWNED AUTOS SCHEDULEDAUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ ANY AUTO $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ❑ CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE TORLIIdITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ OFFICER/MEMBER EXCLUDED? If yes; describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER A Professional Liab PHPK382074 01/27/09 01/27/10 Prof Lia 1,000,000 Claims Made IPHPK382073 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENTI SPECIAL PROVISIONS Certificate holder is named as additional insured regarding Professional Liability per form PH-HS-011 0704 and General Liability per form PI-GLD-HS O407 as their interest may appear. CERTIFICATE HOLDER CANCELLATION WHAT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN Whatcom County Health & NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Human Services IMPOSE NO OBUGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 509 Girard St Bellingham WA 98225 REPRESENTATIVES. A 'IHO ZED REPRE AT1VE ACORD 25 (2001/08) © ACORD CORPORATION 1988 143 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-148 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: im 2112109 u) E C E E V �v/ LC 1p/ MAR 0 9 2009 - YVHATCOM COUNTY COUNCIL 3/17/09 Finance/Counc Division Head. Dept. Head: 02 zT 0 Prosecutor: Purchasing/Budget: Executive: l p I' 7 l TITLE OF DOCUMENT.• Contract between Whatcom County and Pioneer Human Services to provide rental assistance for ex - offenders. ATTACHMENTS: 1. Memorandum 2. C0hfraet SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( ) Yes (X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This contract provides short-term rental assistance vouchers to ex -offenders under Washington State Department of Corrections supervision. The contract will provide a portion of the required match for services delivered through the Whatcom County Offender Re -Entry Housing Program, which is funded through a Washington State Department of Community, Trade, and Economic Development grant. COMMITTEE ACTION. • COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council Li 144 WHATCOM COUNTY HEALTH DEPT. 509 Girard St. Bellingham, WA 98225 TO: FROM: RE: DATE: A.GpM co -�0 9SN1NG4 MEMORANDUM Pete Kremen, County Executive AO Regina A. Delahunt, Director Regina A. Delahunt Director PEE ,9'1Ef .= N .�c��,�a,•x K-�:;�{:;?.:Fri. Pioneer Human Services, Rental Assistance for Ex -Offenders February 27, 2009 Enclosed are two (2) originals of a contract between Whatcom County and Pioneer Human Services for your review and signature. ■ Background and Purpose This contract provides short-term rental assistance vouchers to ex -offenders under Washington State Department of Corrections supervision. The contract will provide a portion of the required match for services delivered through the Whatcom County Offender Re -Entry Housing Program, which is funded through a Washington State Department of Community, Trade, and Economic Development grant. ■ Funding Amount and Source "Fhe sources of funding for this contract, in an amount not to exceed $16,500.00, are County -held ESSHB 2163 and HB 1359 (i.e. document recording fees). This contract is being issued pursuant to RFP #08-73. Funding for the contract is included in the 2009 budget. Council approval is required, and an Agenda Bill is enclosed. ■ Differences from Previous Contract This is a new contract. Please contact Gail de Hoog at extension 30693 if you have any questions or concerns regarding the terms of this agreement. Encl. 145 Cast Center Object Code Approved by WHATCOM COUNTY CONTRACT INFORMATIONSHEET Whatcom County Contract No. �2009o300a Originating Department: HEALTH Contract Administrator: Gail de Hoo Contractor's /Agency Name: Pioneer Human Services Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes X No Yes _ No If yes, previous number(s): Is this a grant agreement? Yes_ No _X If yes, grantor agency contract number(s) CFDA number Is this contract grant funded? Yes _ No X If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Yes X No If yes, RFP and Bid number(s) 08-73 Contract Amount: (sum of orig contract amt If a Professional Services Agreement is more than $15, 000 or a Bid is more than and any prior amendments) $35, 000, please submit an Agenda Bill for Council approval and a supporting $ 16, 500.00 memo. Any amendment that provides either a 10% increase in amount or more than This Amendment Amount: $10, 000, whichever is greater, must also go to Council and will need an agenda bill $ and supporting memo. If less than these thresholds, just submit to Executive with Total Amended Amount: supporting memo for approval. Scope of Services This contract provides short-term rental assistance vouchers to ex -offenders under Washington State Department of Corrections supervision. The contract will provide a portion of the required match for services delivered through the Whatcom County Offender Re -Entry Housing Program, which is funded through a Washington State Department of Community, Trade, and Economic Development grant. Term of Contract: 04101109-12131109 Expiration Date: 12131109 Contract Routing Stems & Signoff.• /sign or initial7 (indicate date transmitted 1. Prepared by: JM Date 2112109 [electronic] 2. Attorney reviewed: rlw Date 2112109 [electronic] 3. AS Finance reviewed:—MCaldwell ,40 Date 2112109 electronic] 4. IT reviewed if IT related Date _ [electronic] 5. Corrections made: Date [electronic] hard copyprinted 6. Attorney signoff jj<c�„/ Dater , rT 7. Contractor signed: ,/ Date .1-a6 -0 5 8. Submitted to Exec Office Date J -,S-O 9 [summary via electronic; hardcopies] 9. Reviewed by DCA Date 10. Council approved (f necessary) Date 11. Executive signed: Date 12. Contractor Original 13. Returned to dept; Date 14. County Original to Council Date this form may need to expand to more than one page 146 ®��.GIN ^ (�L Whatcom County Contract No. �� T .200903ova CONTRACT FOR SERVICES AGREEMENT Pioneer Human Services, Rental Assistance for Ex -Offenders Pioneer Human Services, hereinafter called Contractor, and Whatcom County, hereinafter referred to as County, agree and contract as set forth in this Agreement, including: General Conditions, pp. 3 to 7, Exhibit A (Scope of Work), pp. 8 to 9, Exhibit B (Compensation), p. 10, Exhibit C (Certificate of Insurance), p. 11, Attachment 1, Whatcom County Flex Fund Guidelines, p. 12. Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein. The term of this Agreement shall commence on the 1st day of April, 2009, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31st day of December, 2009. The general purpose or objective of this Agreement is to provide rental assistance for ex -offenders, as more fully and definitively described in Exhibit A hereto. The language of Exhibit A controls in case of any conflict between it and that provided here. The maximum consideration for the initial term of this agreement or for any renewal term shall not exceed $16,500.00. The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. Contractor acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs 11.1, 21.1, 30.1, 31.2, 32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement this? day of; 2009. CONTRACTOR: Pioneer Human Services STATE OF WASHIN, TON ) ) ss. COUNTY OF - On this, day of �' b-ter ' 2009�before me personally appeared �E t?C� �to me known to be the 5 r k 7 Y,rict,r) Lt— (ti of > i� � Y�l� LLVY)C J) �`� Ucc Company) and who executed the above instrument and who acknowledged.to-me the act of signing and sealing thereof,' i% LIGMr@ :APON F4;J2' 41 B V Vx���''�" i 2..�0 Contract for Services Agreemexg%\"- HL 040109 Pioneer Rental Assistance HGAP II NO, in e State of Washington, residing at TO . My commission expires Page 1 v 1.0 147 WHATCOM COUNTY: Recommended for Approv I: R�Ap W67 ReNn. Delahunt, Director Date Approved as to form: Prosecuting Attorney Date Approved: Accepted for Whatcom County: By: Pete Kremen, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) VPro,,raM Approval: An4 Deacon, Human Services Manager Date On this day of , 2009, before me personally appeared Pete Kremen, to me known to be the Executive of Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. CONTRACTOR INFORMATION: Pioneer Human Services Address: 7440 West Marginal Way S. Seattle, WA 98108 Mailing Address: Same as above. Contact Name: Marla Gese Contact Phone: 206-766-7970 Contact FAX: 206-658-1106 Contact Email: marla-gese(a.p-h-s.com Contract for Services Agreement HL 040109 Pioneer Rental Assistance HGAP II NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires Page 2 v 1.0 MV GENERAL CONDITIONS Series 30-39: Provisions Related to Administration of Agreement 0.1 Scope of Services: The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A", during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. Series 10-19: Provisions Related to Term and Termination 10.1 Term: Services provided by the Contractor prior to or after the term of this contract shall be performed at the expense of the Contractor and are not compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties. 10.2 Extension: The duration of this Agreement may be extended by mutual written consent of the parties, for a period of up to one year at a time, and for a total of no longer than three years. 11.1 Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S, mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. Termination shall be effective upon the Contractor's receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. 11.2 Termination for Reduction in Funding: In the event that funding from State, Federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement, and prior to its normal completion, the County may summarily terminate this Agreement as to the funds withdrawn, reduced, or limited, notwithstanding any other termination provisions of this Agreement. If the level of funding withdrawn, reduced, or limited is so great that the County deems that the continuation of the programs covered by this Agreement is no longer in the best interest of the County, the County may summarily terminate this Agreement in whole, notwithstanding any other termination provisions of this Agreement. Termination under this section shall be effective upon receipt of written notice as specified herein, or within three days of the mailing of the notice, whichever occurs first. 11.3 Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion, that such termination is in the interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute breach of contract by the County. Series 20-29: Provisions Related to Consideration and Payments 20.1 Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "C." Where Exhibit "Co requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "C," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Contract for Services Agreement HL 040109 Pioneer Rental Assistance HGAP II Page 3 v 1.0 149 Unless specifically stated in Exhibit "C" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer"), the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit "C." 21.1 Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 22.1 Withholding Payment: In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling the Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to Contractor by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: The Contractor agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and the State of Washington. Series 30-39: Provisions Related to Administration of Agreement 30.1 Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor, The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "C" and the Contractor is not entitled to any benefits including, but not limited to, vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that he/she/it maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract to the Internal Revenue Service on a Schedule C, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. Contract for Services Agreement HL 040109 Pioneer Rental Assistance HGAP II Page 4 v 1.0 150 The Contractor will defend, indemnify, and hold harmless the County, its officers, agents, or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 30.2 Assignment and Subcontracting The performance of all activities contemplated by this agreement shall be accomplished by the Contractor. No portion of this contract may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the County. 30.3 No Guarantee of Employment: The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. 31.2 Patent/Copyright Infringement: Not Applicable 32.1 Confidentiality: The Contractor, its employees, subcontractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the County or an order entered by a court after having acquired jurisdiction over the County. The Contractor shall immediately give to the County notice of any judicial proceeding seeking disclosure of such information. The Contractor shall indemnify and hold harmless the County, its officials, agents, or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from the Contractor's breach of this provision. 33.1 Right to Review: This contract is subject to review by any Federal, State, or County auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by the County Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on -site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for six (6) years after contract termination, and shall make them available for such review, within Whatcom County, State of Washington, upon request. The Contractor also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this Agreement. If no advance notice is given to the Contractor, then the Contractor agrees to notify the Administrative Officer as soon as it is practical. 34.1 Proof of Insurance: The Contractor shall carry for the duration of this Agreement general liability and property damage insurance with the following minimums: Property Damage per occurrence - $500,000.00 General Liability & Property Damage for bodily injury- $1,000,000.00 A certificate of such insurance, that also identifies the County as an additional insured, is attached hereto as Exhibit "C". 34.2 Industrial Insurance Waiver: With respect to the performance of this agreement and as to claims against the County, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend, and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this agreement. 34.3 Defense & Indemnity Agreement: The Contractor agrees to defend, indemnify, and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors, its successor or assigns, or its agents, servants, or employees, the County, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County or its appointed or elected officials or employees. Contract for Services Agreement HL 040109 Pioneer Rental Assistance HGAP II Page 5 v 1.0 151 It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. 35.1 Non -Discrimination in Employment: The County's policy is to provide equal opportunity in all terms, conditions, and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take affirmative action to ensure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to, advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 35.2 Non -Discrimination in Client Services: The Contractor shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this Agreement; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this Agreement; or deny an individual or business an opportunity to participate in any program provided by this Agreement. 36.2 Conflict of Interest: If at any time prior to commencement of, or during the term of this Agreement, the Contractor or any of its employees involved in the performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict with the County's interest, then the Contractor shall immediately notify the County of the same. The notification of the County shall be made with sufficient specificity to enable the County to make an informed judgment as to whether or not the County's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, the County may require the Contractor to take reasonable steps to remove the conflict of interest. The County may also terminate this contract according to the provisions herein for termination. 37.1 Administration of Contract: This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the State of Washington. The Contractor also agrees to comply with applicable federal, state, county, or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. The County hereby appoints, and the Contractor hereby accepts, the Whatcom County Executive, and his or her designee, as the County's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this Agreement, including the County's right to receive and act on all reports and documents, and any auditing performed by the County related to this Agreement. The Administrative Officer for purposes of this agreement is: Gail de Hoog, Housing Program Specialist Whatcom County Health Department 509 Girard St. Bellingham, WA 98225 (360) 676-6724, ext. 30693 gdehoog(,co.whatcom.wa.us 37.2 Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given by the Contractor to the County's Administrative Officer under this Agreement. Notice to the Contractor for all purposes under this Agreement shall be given to the address provided by the Contractor herein above in the "Contractor Information" section. Notice may be given by delivery or by depositing in the US Mail, first class, postage prepaid. Contract for Services Agreement HL_040109_Pioneer Rental Assistance HGAP II Page 6 v 1.0 152 Series 44-49: Provisions Related to Interpretation of Agreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 40.2 Contractor Commitments, Warranties and Representations: Not Applicable 41.1 Severability: If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this contract are declared severable. 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified, or deleted except by an instrument, in writing, signed by the parties hereto. The failure of the County to insist upon strict performance of any of the covenants and agreements of this Agreement, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. 42.1 Disputes: General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. b. Notice of Potential Claims: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a. written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. The Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. c. Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. 43.1 Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom. This Agreement shall be governed by the laws of the State of Washington. 44.1 Survival: The provisions of paragraphs 11.1, 11.2, 11.3 , 21.1, 22.1, 30.1, 31.1, 31.2, 32.1, 33.1, 34.2, 34.3, 36.1, 40.2, 41.2, 42.1, and 43.1, if utilized, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 45.1 Entire Agreement: This written Agreement, comprised of the writings signed or otherwise identified and attached hereto, represents the entire Agreement between the parties and supersedes any prior oral statements, discussions, or understandings between the parties. Contract for Services Agreement HL 040109 Pioneer Rental Assistance HGAP II Page 7 v 1.0 153 EXHIBIT "A" SCOPE OF WORK Background Through County -held ESSHB 2163 and HB 1359 funds (i.e. document recording fees), Whatcom County is providing matching funds under this contract for services delivered through the Whatcom County Offender Re -Entry Housing Program, The Re -Entry Housing Program is a pilot project being created through Homeless Grant Assistance Program (HGAP) funding from the Washington State Department of Community, Trade, and Economic Development (CTED). This contract will complement services provided through the Re -Entry Housing Program by providing short- term rental assistance vouchers to ex -offenders under DOC supervision. The rental assistance provided will enable these ex -offenders to establish residential stability and move towards self-sufficiency. By entering into this agreement, it is not intended to create a benefit or cause of action for any third person not a signatory to this agreement, except a program participant. By providing services to a program participant, the Contractor does not enter into a take charge relationship for anything other than making services available to the participant. It is not meant to provide protection to any third person or the public in general. Statement of Work In providing rental assistance to ex -offenders under DOC Supervision, the Contractor will: ■ Provide rental assistance vouchers through the use of Whatcom County "flex funds" to ex -offenders under DOC supervision. Flex fund expenditures will be distributed and reimbursed according to the criteria contained in Attachment 1, Whatcom County Flex Fund Guidelines. ■ Conduct a CTED Housing Safety Standard (HSS) inspection for all occupied units receiving assistance under this contract. ■ Determine and document client eligibility. ■ Participate in Homeless Management Information System (HMIS) data collection efforts, coordinated through the Whatcom Homeless Service Center. ■ Participate in Washington State University and local program evaluation efforts. ■ Comply with state and federal confidentiality laws and regulations. Program Requirements 1. Complete records of all HSS inspections and follow-up actions must be kept in the program participants' files. Inspections will be conducted by the Contractor or a qualified third party. The rental subsidy will commence on or after the date the unit passes inspection. No rent subsidy will be paid for the time a unit is occupied before it passes inspection. 2. Individuals meeting the following criteria are eligible program participants: ■ High -need ex -offender under the supervision of the Washington State Department of Corrections. ■ 18 years or older. ■ Past history of residency in Whatcom County. Contract for Services Agreement HL 040109_Pioneer Rental Assistance HGAP II Page 8 154 ■ Income at or below 50% Area Median Income (AMI), as established by the U.S. Department of Housing and Urban Development. ■ Committed to compliance with the individual's re-entry plan. 3. All income must be verified and documented by the Contractor. Verification of income eligibility may include pay stubs, tax statements, verification from employers, DSHS/Employment Security/Social Security documents, or other verification approved by CTED. There are four acceptable methods of documenting income eligibility (in order of preference): ■ Written: The Contractor gets third -party written verification directly from the information source; i.e., employer, DSHS, Employment Security, Social Security, Veterans Affairs, etc. Oral: If verification is oral, the Contractor must document the conversation in the program participant's file. This documentation must include the name, telephone number, and position or title of the third party, the date and time of the conversation, and the name of the person requesting the verification. ■ Documented: This type of verification is used when the information desired does not require verification by a third party, such as birth certificates or Social Security cards. ■ Self -Declared: Program participant written statements or affidavits are acceptable only when other verifications are not available. Since this method is self-serving, it should be viewed with caution and accepted only as a last resort. Reporting The Contractor must submit Client Data/Program Data every month, due on the 10th day of the month following the provision of services. Data will be submitted using the CTED Re -Entry Housing Pilot Program (RHPP) Client Information Survey, via the local Homeless Management Information System (if available) or in an electronic format, submitted directly to CTED. Contract for Services Agreement HL 040109 Pioneer Rental Assistance HGAP II Page 9 155 EXHIBIT "B" COMPENSATION The sources of funding for this contract, in an amount not to exceed $16,500.00, are County -held ESSHB 2163 and HB 1359 (i.e. document recording fees). The budget for this contract is as follows: Activity Unit Cost Budget Flex funds for rental assistance vouchers, to be distributed in accordance with guidelines contained in Attachment 1 Up to $500 per client per year $15,000 Administrative Cost 10% $1,500 TOTAL $16,500 Invoicing 1. The Contractor shall submit itemized invoices on a monthly basis in a format specified by the County. Monthly invoices must be submitted by the loth day of the month following the month of service. Invoices submitted for payment must include the documentation specified in Attachment 1. 2. The Contractor shall submit invoices to (include contract #): Gail de Hoog, Housing Program Specialist Whatcom County Health Department 509 Girard St. Bellingham, WA 98225 3. Payment by the County will be considered timely if it is made within 30 days of the receipt and acceptance of billing information from Contractor. The County may withhold payment of an invoice if the Contractor submits it more than 30 days after the expiration of this contract. 4. Invoices must include the following statement, with an authorized signature and date: I certify that the materials have been furnished, the services rendered, or the labor performed as described on this invoice. 5. Duplication of Billed Costs or Payments for Service: The Contractor shall not bill the County for services performed or provided under this contract, and the County shall not pay the Contractor, if the Contractor has been or will be paid by any other source, including grants, for those costs used to perform or provide the services in this contract. The Contractor is responsible for any audit exceptions or disallowed amounts paid as a result of this contract. Contract for Services Agreement HL 040109 Pioneer Rental Assistance HGAP II Page 10 156 t-nenw: rubs. VIU14HUMA AWRDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 06/26/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Parker Smith & Feek, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Bellevue Office HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 2233 112th Avenue NE Bellevue, WA 98004 INSURERS AFFORDING COVERAGE NAIC #. INSURED INSURFRk Arch insurance Company 11.150 Pioneer Human Services _.... INSURER B: st Ma + ` ' 7440 Werginal Way South INSURER C: Seattle; WA;':98108 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR DD' INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DDIYY POLICY EXPIRATION DATE MMIDD/YY LIMITS A X GENERAL LIABILITY NTPKG0007901 06/30/08 06/30/09 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED REMISES fE.CLAIMS $1 000 000 MADE r_x1 OCCUR MED EXP (Anyone person) $20OOO PERSONAL & ADV INJURY $1 000 OOO GENERAL AGGREGATE $3 OOO 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG s3,000,000 PRO- F POLICY ECT X LOC ECT J A X AUTOMOBILE LIABILITY NTAUT00003201 06/30/08 06/30/09 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $1,000,000 BODILY INJURY ALL OWNED AUTOS SCHEDULED AUTOS (Per person) $ BODILY INJURY $ HIRED AUTOS NON:OWNED AUTOS (Per accident) 'PROPERTYDAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC _ $ ANY AUTO. $ AUTO ONLY: AGG A X EXCESS/UMBRELLA LIABILITY NTUMB0004201 06/36/08 06/30/09 EACH OCCURRENCE s5,000,000 X OCCUR F—ICLAIMS MADE AGGREGATE $5 000 000 $ DEDUCTIBLE $ X RETENTION $ 10000 A WORKERS COMPENSATION AND NTPKG0.007901 06/30/08 06/30/09 OTH OR LIMITS TATU_X FR WA STOP GAP ONLY E.L. EACH ACCIDENT 1,000 000 ANYLOY£RIETORILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. DISEASE - EA EMPLOYEE $1,000,000 OFFICERIMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Whatcom County Health Department is included as Additional Insured per policy form. WHATCOM COUNTY HEALTH DEPARTMENT Administration 509 Girard Street Bellingham, WA 98225 LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _45 DAYS WRITTEN :E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL iE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 25 120n1/081 4 .,a 9 4i11ARA20A I noon 0 ACORD CORPORA ATTACHMENT 1 WHATCOM COUNTY FLEX FUND GUIDELINES "Flex funds" are funds that may be used at the discretion of the Contractor to purchase goods or services directly related to the service needs of the Contractor's clients, when no other funding source is available. Such goods or services must be reasonable and necessary to meet a client's emergent service needs or contribute to the stabilization or self-sufficiency of the client. Allowable Costs Allowable uses of client -specific expenditures of flex funds include, but are not limited to, the following: ■ Clothing ■ Food ■ Rental deposits or first month's rent ■ Housingirental assistance ■ Bus passes or taxi fare ■ Car repairs ■ Driver's license or ID card fees ■ Educational or training program registration fees ■ Household supplies, including furniture ■ Medications ■ Health care ■ Other, as approved by Whatcom County Limitations Flex fund expenditures must be within the allowable criteria established by the County, as identified above, must be based upon the service needs as documented in the client's individual service plan or mental health screening, and must have no other funding available from any other source. Flex funds distributed to any one client cannot exceed $500 per year, except with written authorization from the County. No flex fund disbursements are to be made directly to the client but rather will be made on behalf of a client. Documentation Requests for reimbursement of flex funds must include the following: ■ A list of the goods and/or services purchased. ■ The amount of the goods and/or services purchased. ■ The initials of the client and/or unique identifying number of the client for whom the goods and/or services were purchased. ■ The total amount of flex funds distributed to the client during the year. ■ The service need addressed by the expenditure. ■ Accompanying invoices and/or receipts. Contract for Services Agreement HL 040109 Pioneer Rental Assistance HGAP II Page 12 158 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-149 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Ori inator: /09 ,� D L� 3/17/09 Finance/Count Division Head: MAR O 9 2009 Dept. Head: a Prosecutor: WHATCOM COUNTY COUNCIL Purchasin /Bard et: Ale 9 Executive: 7 "7 TITLE OF DOCUMENT CONTRACT DOCUMENT Administrative Services Department, Consultant Agreement —Planning, Design and Construction Administration —East Whatcom Regional Resource Center (EWRRC) ATTACHMENTS: Contract, Contract Information Shee4 and Memo SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Consultant Services Agreement between Whatcom County and Stewart+King Architects, Inc. for the purpose of Planning, Design and Construction Administration — East Whatcom Regional Resource Center (EWRRC). COMMITTEE ACTION. • COUNCIL ACTION.• Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us/council. L1 Planning, Design and Construction Administration — East Whatcom Regional Resource Center (EWRRC) Stewart+King Architects, Inc. v 1.0 159 WHATCOM COUNTY EXECUTIVE'S OFFICE County Courthouse 311 Grand Avenue, Suite #108 Bellingham, WA 98225-4082 MEMORANDUM TO: Seth Fleetwood, Council Chair County Council Members FROM: Dewey Desler, Deputy Administrator otI Pete Kremen County Executive Dewey Desler Deputy Administrator RE: Architectural and Construction Management services contract DATE: March 6, 2009 Enclosed for your review are two (2) originals of a contract for Consultant Services between Whatcom County and Stewart & King Architects for the purpose of the planning, design and construction administration for the East Whatcom Regional Resource Center (EWRRC). ■ Background and Purpose Over the past few years, Whatcom County has been planning with the East County community and various social and health service organizations for a resource center capable of supporting key needed services in that area. ■ Funding Amount and Source The funding necessary for this contract is $450,000.00, and is contained in a Project Budget request before the Council on March 17t". Current total project funding is based on a proposed building project value of $4-million dollars. The financial support obtained thus far is $1.75-million from a State Legislative Capital appropriation, $1-million from CDBG block grant funds, and $1.25-million from county EDI funds. If additional funding is obtained to expand the project, additional budget authority will be sought to fund a larger Resource Center. ■ Differences from Previous Contract This project is a one-time agreement. Please contact my office if you have any questions or concerns regarding the terms of this agreement. Enclosures Office (360) 676-6717 County (360) 384-1403 FAX (360) 676-6775 TDD (360) 738-4555 160 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. '200903004 Originating Department: Facilities Management Contract Administrator: Michael Russell Contractor's /Agency Name: Stewart + King Architects, Inc. Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes X No Yes _ No If yes, previous number(s): Is this a grant agreement? Yes _ No X If yes, grantor agency contract number(s) CFDA number Is this contract grant funded? Yes No If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Yes No If yes, RFP and Bid number(s) Contract Amount:(sum of orig contract amt If a Professional Services Agreement is more than $15, 000 or a Bid is more than and any prior amendments) $35,000, please submit an Agenda Bill for Council approval and a supporting $ 450, 000.00 This Amendment Amount: memo. Any amendment that provides either a 10% increase in amount or more than $10,000, whichever is greater, must also go to Council and will need an agenda bill $ and supporting memo. If less than these thresholds, just submit to Executive with Total Amended Amount: supporting memo for approval. $ Scope of Services This contract between Whatcom County and Stewart + King Architects, Inc. is for Planning, Design and Construction Administration for the East Whatcom Regional Resource Center (EWRRC), in the amount of $450, 000.00. Funding is based on a proposed building project value of 4 million. Term of Contract: Expiration Date: December 31, 2010 1. Prepared by: Dee EberIgs s e 2. Attorney reviewed: 3. AS Finance reviewed: 4. IT reviewed if IT relateY- 5. Corrections made: 6. Attorney signoff.- 7. Contractor signed: � 8. Submitted to Exec Office 9. Reviewed by DCA 10. Council approved (if necessary) 11. Executive signed: 12. Contractor Original 13. Returned to dept; 14. County Original to Council Date 02124109 [electronic] Date - [electronic] Date or /electronic] Date [electronic] Date [electronic] hard copy printed Date Date Date , 3—1, —dG [summary via electronic; hardcopies] Date Date Date Date Date this form may need to expand to more than one page Planning, Design and Construction Administration — East Whatcom Regional Resource Center (EWRRC) Stewart+King Architects, Inc. v 1.0 161 COUNTY ORIGINAL CONTRACT FOR SERVICES AGREEMENT Stewart+King Architects, Inc. Whatcom County Contract No. .2ob9o3oog¢ STEWART+KING ARCHITECTS, INC., hereinafter called Contractor, and Whatcom County, hereinafter referred to as County, agree and contract as set forth in this Agreement, including: General Conditions, pp. 3 to 8, Exhibit A (Scope of Work), pp. 9 to 15, Exhibit B (Compensation), pp. 16 & 17 Exhibit C (Certificate of Insurance). Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein. The term of this Agreement shall commence following the issuance of a notice to proceed, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31 day of, December, 2010 The general purpose or objective of this Agreement is to provide planning, design, and construction administration for the East Whatcom Regional Resource Center (EWRRC), as more fully and definitively described in Exhibit A hereto. The language of Exhibit A controls in case of any conflict between it and that provided here. The consideration for the initial term of this agreement or for any renewal term shall not exceed four hundred fifty thousand dollars ($450,000) as listed in Exhibit B. The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. Contractor acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs 11.1, 21.1, 30.1, 31.2, 32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement this _ day of 2009. CONTRACTOR: TEWART+KING ARCHITECTS, I David Kin STATE OF WASHINGTON ) ) ss. COUNTY OF WHATCOM } On this Lo day ofPLiaA .102009, before me personally appeared DAVID KING to me known to be the Principal of STEWART+KING ARCHITECTS, INC. and who executed the above instrument nd who acknowledged to me the act of signing and sealing thereof. �11111111///j / TARY PUBLIC in and for the State of W hington, residing at jg $a +OTANr o My commission expires •1(0 •�!1 .ter Contract for Services Agreement Stewart+King Architects, Inc. Page v 1.0 162 WHATCOM COUNTY: Approved as to form: rosecuf ng AttorneyC Date Approved: Accepted for Whatcom County: By: Pete Kremen, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 20 _, before me personally appeared Pete Kremen, to me known to be the Executive of Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof, NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires CONTRACTOR INFORMATION: STEWART+KING ARCHITECTS, INC. Address: Stewart+King Architects, Inc. PO Box 4099 Bellingham, WA 98227 Contact Name: David King Contact Phone: (360) 733-2100 Contact FAX: (360) 671-4568 Contract for Services Agreement Stewart+King Architects, Inc. Page 2 v 1.0 163 GENERAL CONDITIONS Series 00-09: Provisions Related to Scope and Nature of Services 0.1 Scope of Services: The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A", during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. The intent of the drawings and specifications is to include all items necessary for the proper execution and completion of the project: Included in the base fees: Phone System, Data System, and Security System. Not included in the base fees: Geo-Tech Services, Special Inspections, and Commissioning. Series 10-19, Provisions Related to Term and Termination 10.1 Term: Services provided by Contractor prior to or after the term of this contract shall be performed at the expense of Contractor and are not compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties. The intent of the drawings and specifications is to include all items necessary for the proper execution and completion of the Project; However, any item or detail not specifically mentioned in the specifications or shown on the drawings, but which is necessary to produce the intended results shall be included. 10.2 Extension: The duration of this Agreement may be extended by mutual written consent of the parties, for a period of up to one year at a time, and for a total of no longer than three years. 11.1 Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. Termination shall be effective upon Contractor's receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. 11.2 Termination for Reduction in Funding Not Applicable 11.3 Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion, that such termination is in the interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute breach of contract by the County. Series 20-29: Provisions Related to Consideration and Payments 20.1 Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer") the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." Contract for Services Agreement Stewart+King Architects, Inc. Page v 1.0 164 21.1 Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 22.1 Withholding Payment: In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts due or to become due the Contractor, In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to Contractor by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: The Contractor agrees to comply with state and federal requirements, as applicable, pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and the State of Washington. Series 30-39: Provisions Related to Administration of Agreement 30.1 Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that he/she/it maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract to the Internal Revenue Service on a Schedule C, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. Contractor will defend, indemnify and hold harmless the County, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 30.2 Assignment and Subcontracting_ The performance of all activities contemplated by this agreement shall be accomplished by the Contractor. No portion of this contract may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the County. Contract for Services Agreement 4 Stewart+King Architects, Inc. Page v 1.0 165 30.3 No Guarantee of Employment: The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. 31.1 Ownership of Items Produced: When the Contractor creates any copyrightable materials or invents any patentable property, the Contractor may copyright or patent the same, but the County retains a royalty -free, nonexclusive and irrevocable license to reproduce, publish, recover, or otherwise use the materials or property and to authorize other governments to use the same for state or local governmental purposes. Contractor further agrees to make research, notes, and other work products producedin the performance of this Agreement available to the County upon request. 31.2 Patent/Copyright Infringement: Not Applicable 32.1 Confidentiality: The Contractor, its employees, subcontractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the County or an order entered by a court after having acquired jurisdiction over the County. Contractor shall immediately give to the County notice of any judicial proceeding seeking disclosure of such information. Contractor shall indemnify and hold harmless the County, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from Contractor's breach of this provision. 33.1 Right to Review: This contract is subject to review by any Federal, State or County auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by the County Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on -site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for three (3) years after contract termination, and shall make them available for such review, within Whatcom County, State of Washington, upon request. Contractor also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this Agreement. If no advance notice is given to the Contractor, then the Contractor agrees to notify the Administrative Officer as soon as it is practical. 34.1 Proof of Insurance: The Contractor shall carry for the duration of this Agreement general liability and property damage insurance with the following minimums: Property Damage per occurrence - $500,000.00 General Liability & Property Damage for bodily Injury- $1,000,000.00 A certificate of such insurance, that also identifies the County as an additional insured, is attached hereto as Exhibit "C". 34.2 Industrial Insurance Waiver: With respect to the performance of this agreement and as to claims against the County, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this agreement. 34.3 Defense & Indemnity Agreement: The Contractor agrees to defend, indemnify and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, whether such injury to persons or damage to property is due to the extent of the negligent acts, errors or omissions by the Contractor and those for whom the Contractor is legally responsible. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. Contract for Services Agreement Stewart+King Architects, Inc. Page v 1.0 166 35.1 Non -Discrimination in Employment: The County's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color religion, sex or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 35.2 Non -Discrimination in Client Services: Not Applicable 36.1 Waiver of Noncompetition: Not Applicable 36.2 Conflict of Interest: If at any time prior to commencement of, or during the term of this Agreement, Contractor or any of its employees involved in the performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict with the County's interest, then Contractor shall immediately notify the County of the same. The notification of the County shall be made with sufficient specificity to enable the County to make an informed judgment as to whether or not the County's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, the County may require the Contractor to take reasonable steps to remove the conflict of interest. The County may also terminate this contract according to the provisions herein for termination. 37.1 Administration of Contract: This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the State of Washington. The Contractor also agrees to comply with applicable federal, state, county or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. The County hereby appoints, and the Contractor hereby accepts, the Whatcom County Executive, and his or her designee, as the County's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this Agreement, including the County's right to receive and act on all reports and documents, and any auditing performed by the County related to this Agreement. The Administrative Officer for purposes of this agreement is: Michael Russell, Facilities Manager Whatcom County Facilities Management 316 Lottie Street Bellingham, WA 98225 (360) 676-6746 37.2 Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given by the Contractor to the County's Administrative Officer under this Agreement. Notice to the Contractor for all purposes under this Agreement shall be given to the address provided by the Contractor herein above in the "Contractor Information" section. Notice may be given by delivery or by depositing in the US Mail, first class, postage prepaid. Series 40-49: Provisions Related to Interpretation of Agreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 40.2 Contractor Commitments, Warranties and Representations: Not Applicable Contract for Services Agreement Stewart+King Architects, Inc. Page v 1.0 167 41.1 Severability: If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of the County to insist upon strict performance of any of the covenants and agreements of this Agreement, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. 42.1 Disputes: a. General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. b. Notice of Potential Claims: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. c. Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. d. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this Agreement or otherwise, including issues of specific performance, shall be determined by arbitration in Bellingham, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this Agreement. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered. by this Agreement shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre -award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Unless otherwise specified herein, this Agreement shall be governed by the laws of Whatcom County and the State of Washington. 43.1 Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom. This Agreement shall be governed by the laws of the State of Washington. Contract for Services Agreement Stewart+King Architects, Inc. Page v 1.0 44.1 Survival: The provisions of paragraphs 11.1, 11.2,11.3 , 21.1, 22.1, 30.1, 31.1, 31.2, 32.1, 33.1, 34.2, 34.3, 36.1, 40.2, 41.2, 42.1, and 43.1, if utilized, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 45.1 Entire Agreement: This written Agreement, comprised of the writings signed or otherwise identified and attached hereto, represents the entire Agreement between the parties and supersedes any prior oral statements, discussions or understandings between the parties. Contract for Services Agreement Stewart+King Architects, Inc. Page v 1.0 169 EXHIBIT A SCOPE OF WORK East Whatcom Regional Resource Center (EWRRC) 1) Project Design Program Management a) Coordination and communication with County P.M., County review team, Stewart+King Architects design team and Planning & Development Services Department through the project. This includes planning, design, and coordination of the project to be LEED silver certified. b) Whatcom County is developing with the Architect the EWRRC primarily to provide public services to the East Whatcom County region. Services intended to be provided are for: Youth Activities Senior Services Medical & Dental Early Childhood Programs such as for Head Start A variety of County services including for Sheriff, PDS and Health Department Food Bank Adult Education, Job Training, ESL and Distance Learning Spaces for Community meetings and office activities Support facilities for WTA These services generally would be accommodated by the following dedicated areas: Community Assembly/Multi-Use Area - (multiple users) Early Childhood (to be operated by Head Start)/Day Care Spaces Medical/Dental Offices (to be operated by Interfaith) Meeting/Training Spaces for groups of 6 to 30 - (multiple users) Office/Treatment rooms for 1-6 individuals (separate of the medical dental spaces) - (multiple users) Common public space and space for building systems and maintenance Exterior components would include play fields/areas, a covered play shed, parking and pedestrian/vehicular access to Highway 547. Storm treatment and detention will need to be accommodated. Trash/refuse, generator and other as determined. S+KA will determine the space needs for each of the participants and the ability to meet those needs within the allotted budged for this project. c) Prepare project implementation schedule of all project design related activities, milestone dates, planning and design client review and approvals, presentations, quality assurance/quality control reviews. Manage project schedule conformance, d) Prepare and manage the project design and construction cost modeling and construction budget requirements during project duration, including the program, preliminary design, final design, construction documents, bid and award and construction implementation, and final commissioning phases. Receive client approval of project cost at each project planning and design phase. e) Prepare, schedule and manage the QA/QC program for the planning, design and construction administration of the project. f) Prepare monthly reports to document the key activities accomplished to date, future key activities, pending key issues, budget and schedule performance with Sure -Track software. g) Provision of graphic demonstration materials suitable for public information/presentations — "In House Materials" 2) Obtain Required Site Data a) Site survey — topography, boundary property lines: • Utilities location, type, size • On site storm system pipe location, size, type • On site power location, size, type conduit • All on site easements Site survey data will be provided in electronic format compatible with AutoCAD 2009 and Land Development Desktop (LDD) and will include the LDD point file and existing TIN for use in developing the existing and proposed site grading plan. Contract for Services Agreement Stewart+King Architects, Inc. Page 9 v 1.0 170 b) Geotechnical information reports for foundation design and pavement design. Recommendations for footing design and allowable bearing strength and recommended pavement cross-section (test pits and soil testing as required). Permeability testing of on site soils will be conducted in accordance with the Stormwater Management Manual for Western Washington, Ecology 2005, to be provided by the County. c) Obtain all site data to complete the project as required by law. 3) Consultation with Whatcom County Planning & Development Department to: a) Finalize design and drawing requirements for site fire protection, site plan, water, sanitary and storm system design, parking plan, grading plan, paving plan and all site specifications. b) Reconfirm commitments, side frontage set backs, landscape requirements and sensitive vegetation requirements. c) Coordinate with Power and Gas company requirements for planning, design and installation of power and gas facilities. d) All consultation required to complete the project as intended. 4) Re -Confirmation of Project Programming for Community Assembly Multi -use Area (multi -users), Early Childhood (to be operated by Head -Start), Day-care Spaces, Medical/Dental Offices (to operated by Interfaith), Meeting/Training Spaces for groups of 6 to 30 (multi -users) Office/Treatment Rooms for 1 to 6 individuals (separate of the medical/dental spaces)(multi-users), Gymnasium, Common Public Spaces and Space for Building Systems and Maintenance. a) Reconfirm the project functions, staff, net functional spaces, vaults, Maintenance areas, custodial areas, mechanical rooms, parking, storage space, public reception space, offices, medical space, open cubicles plan, special equipment, space sizes & types, expansion flexibility, security, communications, adjacency requirements, special systems, operating procedures, Design in flexibility for further expansion. b) Develop preliminary budget for the work based on approved program and scheduling studies, c) Review final program document and budget with Whatcom County stakeholders and Project Manager for approval. 5) Prepare Schematic Design Phase, Design Development Phase and Contract Documents Phase Drawings, Specifications and Cost Estimates for the Project by the following disciplines: a) Architectural Des! gnlDocumentation: 01. During the Schematic Design Phase; respond to program requirements in preparing: .01 Review of Owner's Program and establish a Budget .02 Conceptual site and building plans .03 Preliminary sections and elevations .04 Preliminary selection of building systems and materials .05 Development of approximate dimensions, areas and volumes .06 Perspective sketch(es) .02 During the Design Development Phase consisting of continued development and expansion of architectural Schematic Design Documents to establish the final scope, relationships, forms, size and appearance of the Project through: .01 Plans, sections and elevations .02 Typical construction details .03 Three-dimensional sketch(es) .04 Final materials selection .05 Equipment layouts .06 Provision of graphic demonstration materials suitable for public information/presentations .03 During the Contract Documents Phase consisting of preparation of Drawings based on approved Design Development Documents setting forth in detail the architectural construction requirements for the Project. b) Structural Design/Documentation: .01 During the Schematic Design Phase consisting of recommendations regarding basic structural materials and systems, analyses, and development of conceptual design solutions for: .01 A predetermined structural system Contract for Services Agreement Stewart+King Architects, Inc. Page 10 v 1.0 171 .02 Alternate structural systems. .02 During the Design Development Phase consisting of continued development of the specific structural system(s) and Schematic Design Documents in sufficient detail to establish: .01 Basic structural system and dimensions .02 Final structural design criteria .03 Foundation design criteria .04 Preliminary sizing of major structural components .05 Critical coordination clearances .06 Outline Specifications or materials lists. .03 During the Contract Documents Phase consisting of preparation of final structural engineering calculations, Drawings and Specifications based on approved Design Development Documents, setting forth in detail the structural construction requirements for the Project. c) Mechanical Design/Documentation: .01 During the Schematic Design Phase consisting of consideration of alternate materials, systems and equipment, and development of conceptual design solutions for: .01 Heating and ventilating .02 Air conditioning .03 Plumbing .04 Fire protection .05 General space requirements .02 During the Design Development Phase consisting of continued development and expansion of mechanical Schematic Design Documents and development of outline Specifications or materials lists to establish: .01 Approximate equipment sizes and capacities .02 Preliminary equipment layouts .03 Required spaces for equipment .04 Required chases and clearances .05 Acoustical and vibration control .03 During the Contract Documents Phase consisting of preparation of final mechanical engineering calculations, Drawings and Specifications based on approved Design Development Documents, setting forth in detail the mechanical construction requirements for the Project. Electrical DesigniDocumentation: .01 During the Schematic Design Phase consisting of consideration of alternate systems, recommendations regarding basic electrical materials, and systems and equipment. .02 During the Design Development Phase consisting of development and expansion of electrical Schematic Design Documents and Development Specifications or materials lists to establish. .01 Power service and distribution .02 Lighting .03 Telephones .04 Fire detection and alarms .05 Security systems .06 Electronic communications .07 Special electrical systems .08 General space requirements .03 During the Contract Documents Phase consisting of preparation of final electrical engineering calculations, Drawings and Specifications based on approved Design Development Documents, setting forth in detail the electrical construction requirements for the Project. e) Civil DesigniDocumentation: Assumptions: 1. All design development is based on the current proposed site plan. Re-evaluation of the site layout will be considered Extra Work. 2. No off -site design is included in the project other than utilities. - Other than sewer and water. Contract for Services Agreement Stewart+King Architects, Inc. Page 11 v 1.0 172 3. Limited Downstream analysis will be performed by the Civil Engineer Contracted by S+KA and provided to Stewart+King Architects, Inc for inclusion in the drainage report. 4. Detention facilities and water quality treatment facilities will be designed to comply with the Stormwater Management Manual for Western Washington, Ecology 2005 (SMMWW). 5. Scope and hours estimate assumes one review and comment period by Client for each of the three phases of the design. Additional review and comment iterations will be considered Extra Work. 6. Plan scale will be consistent with the guidelines established in section 3, Consultation with Whatcom County Planning and Development Services. 7. All plan deliverables are assumed to be on full size. 8. Analysis of the water distribution and sanitary sewer conveyance facility capacities will be required. 9. Site sanitary sewer facilities will be limited to gravity conveyance pipelines and manholes. .01 During the Schematic Design Phase (30% design) consisting of consideration of alternate materials and systems and development of conceptual design solutions for: .01 On -site utility systems Develop schematic design for water and sanitary sewer design. All utilities within the building will be designed as part of the building architecture. Schematic design will include development of up to two concepts for addressing the on and or off site utility needs. Layout will be in plan view using the provided survey site plan. .02 Drainage systems Develop schematic design for on -site storm drainage conveyance system. System will provide connection points within five feet of building structure for connection of building runoff. Water quality treatment and detention facility alternatives to be considered will include an on -site option. Schematic design will include development of up to two concepts for addressing on -site drainage conveyance needs. Layout will be in plan view using the provided survey site plan. A drainage report and stormwater site plan summarizing the existing and proposed improvements will be prepared following the approval of the schematic design. This report and stormwater site plan will be prepared in accordance with requirements of the SMMWW. .03 Paving Develop schematic site grading and paving plan from survey base data based on current approved plan. Layout will provide general layout of access points, circulation and parking for the proposed site. Plan will address frontage improvement concepts along Highway 547. Any work beyond the property lines will be included in this Work. Schematic design will include development of up to two concepts for addressing on -site circulation and parking needs. Layout will be in plan view using the provided survey site plan. .04 Address Review Comments Incorporate review comments into schematic layout. Provide a tabulated list of the comments with a summary of how the comment was addressed or why it was not feasible to address. .05 Review comments from owner will be in writing. 02. During the Design Development Phase (60% design) consisting of continued development and expansion of civil Schematic Design Documents and development of outline Specifications or materials lists to establish the final scope of and preliminary details for on - site and off -site civil engineering work. .01 On -site utility systems Develop plan layouts based on approved schematic design plans for on -site and or off site water and sanitary sewer design. .02 Drainage systems Develop plan layouts of the proposed drainage conveyance, detention and treatment system based on the approved schematic design plans. A stormwater site plan will be developed in accordance with the Stormwater management Manual for Western Washington. .03 Paving Develop plan sheets for the proposed frontage improvements along Highway 547. Further develop the schematic layout of the access, circulation and parking for the site with proposed contours and spot elevations. Provide contours, grades and dimensions for proposed improvements and identify details necessary for inclusion in contract document phase. .04 Specifications Develop outline of required specifications necessary for the completion of the civil work identified above. Specifications will be completed in CSI format. Boilerplate specifications will be provided by Architects for review and editing. Contract for Services Agreement Stewart+King Architects, Inc. Page 12 v 1.0 173 .05 Address Review Comments Incorporate review comments into schematic layout. Provide a tabulated list of the comments with a summary of how the comment was addressed or why it was not feasible to address. 03. During the Contract Documents Phase consisting of preparation of final civil engineering calculations, Drawings and Specifications based on approved Design Development Documents, setting forth in detail the civil construction requirements for the Project. .01 On -site and off -site utility systems .02 Drainage systems .03 Paving .04 Structural .05 Specifications .06 Address Review Comments Deliverables: • Design for up to two alternatives addressing on -site and off -site sanitary sewer, water, drainage conveyance, detention and treatment, and paving plan. (1 reproducible copy each alternative) • Stormwater Site Plan and drainage report (one reproducible copy) • Tabulated comment summary for design phase (1 copy) • Design Development Phase Plans based on approved schematic design plans (1 reproducible copy) • Outline of Specifications (1 copy) • Tabulated comment summary for design development phase (1 copy) • Final Contract Documents (1 reproducible copy) f) Landscape Design/Documentation: 01. During the Design Phase consisting of consideration of alternate materials, systems and equipment and development of conceptual design solutions for land forms, lawns and plantings based on program requirements, physical site characteristics, design objectives and environmental determinants. 02. During the Design Development Phase consisting of continued development and expansion of landscape Schematic Design Documents and development of outline Specifications or materials lists to establish the final scope and preliminary details for landscape work. 03. During the Contract Documents Phase consisting of preparation of Drawings and Specifications based on approved Design Development Documents, setting forth in detail the landscape requirements for the Project. Interior Design/Documentation: .01 During the Schematic Design Phase consisting of space allocation and utilization plans based on functional relationships, consideration of alternate materials, systems and equipment and development of conceptual design solutions for architectural, mechanical, electrical and equipment requirements in order to establish: .01 Partition locations 02. During the Design Development Phase consisting of continued development and expansion of interior Schematic Design Documents and development of outline Specifications or materials lists to establish the final scope and preliminary details relative to: .01 Interior construction of the Project .02 Special interior design features .03 Furniture and equipment layouts .04 Materials, finishes and colors 03. During the Contract Documents Phase consisting of preparation of Drawings, Specifications and other documents based on approved Design Development Documents, setting forth in detail the requirements for interior construction and for furniture, furnishings and equipment for the Project. h) Specifications: .01 During the Schematic Design Phase consisting of: .01 Identification of potential architectural materials, systems and equipment and their criteria and quality standards consistent with the conceptual design .02 Investigation of availability and suitability of alternative architectural materials, systems and equipment .03 Coordination of similar activities of other disciplines. .02 During the Design Development Phase consisting of activities by in-house architectural personnel in: .01 Presentation of proposed General and Supplementary Conditions of the Contract for Owner's approval .02 Development of architectural outline Specifications or itemized lists and brief form identification of significant architectural materials, systems and equipment, including their criteria and quality standards Contract for Services Agreement Stewart+King Architects, Inc. Page 13 v 1.0 174 .03 Coordination of similar activities of other disciplines. .04 Production of design manual including design criteria and outline Specifications or materials lists. .03 During the Contract Documents Phase consisting of activities by in-house architectural personnel in: .01 Assistance to the Owner in development and preparation of bidding and procurement information which describes the time, place, and conditions of bidding, bidding forms, and the form(s) of Agreement between the Owner and Contractor(s) .02 Assistance to the Owner in development and preparation of the Conditions of the Contract (General, Supplementary and other Conditions) .03 Development and preparation of architectural Specifications describing materials, systems and equipment, workmanship, quality, and performance criteria required for the construction of the Project .04 Coordination of the development of Specifications by other disciplines .05 Compilation of Project Manual including Conditions of the Contract, bidding and procurement information and Specifications. 6) Permitting Services a) Initiate on -going dialog with Whatcom County building officials during schematic, design development and contract documents phases. b) Schedule submittals to expedite permitting approvals. c) Follow-up throughout review process. d) Confirm and expedite deferred submittals. e) Prepare permit applications and submittals. 7) Bidding Support Services a► Bidding Materials .01 Services consisting of organizing and handling Bidding Documents for: .01 Coordination .02 Reproduction - to be paid by the County .03 Completeness review .04 Distribution .05 Distribution records .06 Retrieval .07 Receipt and return of document deposits .08 Review, repair and reassembly of returned materials. .09 Be available for meetings during bid phase to address all questions from bidders b) Addenda .01 Services consisting of preparation and distribution of Addenda as may be required during bidding or negotiation and including supplementary Drawings, Specifications, instructions and notice(s) of changes in the bidding schedule and procedure. c) Bidding/Negotiation .01 Services consisting of: .01 Assistance to Owner in establishing list of Bidders or proposers .02 Participation in pre -bid conferences .03 Responses to questions from Bidders or proposers and clarifications or interpretations of the Bidding Documents .04 Attendance at bid opening(s) .05 Documentation and distribution of bidding results. d) Bid Evaluation .01 Services consisting of: .01 Validation of bids or proposals .02 Participation in reviews of bids or proposals .03 Evaluation of bids or proposals .04 Recommendation on award of Contract(s) .05 Participation in negotiations prior to or following decisions on award of the Contract(s). Contract for Services Agreement Stewart+King Architects, Inc. Page 14 v 1.0 175 8) Contract Award Services Contract Award .01 Services consisting of: .01 Notification of Contract award(s) .02 Assistance in preparation of construction contract Agreement forms for approval by Owner .03 Preparation and distribution of sets of Contract Documents for execution by parties to the Contract(s) .04 Receipt, distribution and processing, for Owner's approval, of required certificates of insurance, bonds and similar documents .05 Preparation and distribution to Contractor(s), on behalf of the Owner, of notice(s) to proceed with the Work. 9) Construction Administration Services a) Implement preconstruction meeting. b) Prepare construction procedures manual. c) Evaluate contractor established schedule, schedule of values, sub contractors list, and monitor/review long -lead item list. d) Conduct weekly meetings to check progress, conformance to schedule. e) Site observations at intervals appropriate to the state of work, to become generally familiar with the progress and quality of work completed to determine in general if the work, when completed, will be in accordance with contract documents. f) Review and comment on all submittals. g) Review all pay applications. h) Maintain change order log. i) Respond to requests for information. j) Review change order proposals. k) Coordinate development of as-builts and 0&M manuals. 1) Implement punch list / close-out procedures. m) Participate in systems commissioning — commissioning will be contracted and paid by the County. 10) Project Acceptance and Move -In a) Assist client with Acceptance of project construction completion. b) Assist client with Move -In and Building Start-up. Contract for Services Agreement Stewart+King Architects, Inc. Page 15 v 1.0 176 EXHIBIT B (COMPENSATION) The funds available for this project at present are estimated at $450,000. The County is attempting to raise a total of $7,000,000.00. The County will notify S+KA Inc of the total amount of funds available for this project at the time of Notice to Proceed. If this project is expanded after the NTP additional fees will be negotiated for the additional work needed to prepare the documents for the additional work. Because the total building costs are variable at this time, fees will based as follows; a) Allowable Expenses for this Project will be based on the Washington State Architect and Engineering Fee Guidelines for Determining Public Works Building Projects issued by the Office of Financial Management effective July 1, 2007. b) Schedule'B" will be followed for this project, which includes Neighborhood Centers, Recreational Buildings, Day Cares, Classrooms, Gymnasiums, etc... c) For example if the total MACC were to be $ 4,000,000.00 the basic A & E fees would be 8.84 %, a fee of $353,600.00 plus reimbursable and additional services as listed. d) For example if the total MACC were to be $ 7,000,000.00 the basic A & E fees would be 8.24 %, a fee of $576,800.00 plus reimbursable and additional services as listed. e) Reimbursable shall Not Exceed $1,000.00. f) Plan review to be paid by the County. g) Assist with the Commissioning process at a Not To Exceed $5,270.00 h) Life Cost Analysis (ELCCA) or Public Energy Form Cost (PEFC) at a Not To Exceed $4,290.00 i) Acoustical Design Work will be done at a Not To Exceed fee of $5,000.00 j) Independent Cost Consultant will completed at a Not To Exceed fee of $7,000.00 k) Interior Design Consultant will be completed at a Not To Exceed fee of $11,200.00 1) Kitchen Design Consultant will be completed at a Not To Exceed fee of $10,000.00 m) Landscaping and Civil Engineering will be included within the base fee of this project n) Services for negotiation, documentation and associated services required for sustainable design, project certificates. The US Green Building Council for LEED certification will be completed at a Not To Exceed fee of $45,700.00 o) This contract will include the design of the driveway for access from and to Hwy 547 as a basic egress. However if WSDOT requires further design to the highway, the additional work will not be covered within this contract. As consideration for the services provided pursuant to Exhibit A, Scope of work allowable expenses, the county agrees to compensate the contractor according to the fee schedule provided above. Other reasonable expenses incurred in the course of performing the duties herein shall be reimbursed. Mileage at current federal government allowable rate, lodging not to exceed $70 per night and meals at not to exceed $39.00 a day. Requests for reimbursement of expenses must be accompanied by copies of paid invoices itemizing costs incurred. Costs of alcoholic beverages are not eligible for reimbursement. Other expenditures such as printing, postage and telephone charges shall be reimbursed at actual cost plus 10%, Any work performed prior to the effective date of this contract or continuing after the completion date of the same unless otherwise agreed upon in writing, will be at the contractor's expense. Contract for Services Agreement Stewart+King Architects, Inc. Page 16 v 1.0 177 Contractor will submit progress reports and supporting expense documentation with invoices using the following guide lines. Schematic Design Services 13 % Design Development Services 20 % Construction Documents Services 36 % Bidding 2 % Construction Contract Administration 27 % Project Closeout 2 % All invoices are to be mailed or delivered to: Whatcom County Facilities Management Attn: Michael Russell 316 Lottie Street Bellingham, WA 98225 Contract for Services Agreement Stewart+King Architects, Inc. Page 17 v 1.0 178 WHATCOM COUNTY COUNCIL AGENDA BILL No. 2009-150 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: ✓PK ��� '� ' 4% 2 � � � � � D u ll IC 4 MAR 0 9 2009 3/17/2009 Finance/Counci Division Head: JPR /,(j j -` -q G/b9 Dept. Head: FMA WHATCOM COUNTY COUNCIL Prosecutor: DG J 03 /1) A6 3/1� Purchasing/Budget: BB Z / Executive: PK 3 L701 TITLE OF DOCUMENT. Construction Contract Award — Hampton Rd / Mormon Ditch Bridge #261 Replacement Project CRP #904016 ; Federal Aid No. BRS-8063 (001) ATTACHMENTS. 1. Memo 2. Resolution amending County Road Project (CRP) Number and Award Construction Contract 3. Approval to Award Construction Contract endorsed by Executive 4. Project Summary and Vicinity Map 5. Project Cost Breakdown 6. Bid Tabulation 7. Low Bid Proposal SEPA review required? ( ) Yes (X) NO Should Clerk schedule a hearing? ( ) Yes (X) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Resolution amending CRP #904016 and authorizing additional funds for the award of a contract for Hampton Road / Mormon Ditch Bridge #261 Replacement Project to Max J. Kuney Company as low bidder in the amount of $2,579,824.78. COMMITTEE ACTION. CO UNCIL ACTION.• Related County Contract #. Related File Numbers: Ordinance or Resolution Number. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.uslcouncil. 179 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director JOSEPH P. RUTAN, P.E. °°M coG Assistant Director/County Engineer :. �� - Z.� 2011 Young St., Suite 201 3 Bellingham, WA 98225-4052 sy o� Phone: (360) 715-7450 INGt Fax: (360) 715-7451 Memo To: The Honorable Pete Kremen, Whatcom County Executive and The Honorable Members of the Whatcom County Council Through: Frank M. Abart, Director o fi,. FA From: Joseph P. Rutan, P.E., Assistant Director/County Engineer-!" James P. Karcher, P.E., Engineering ManagerPk Date: March 6, 2009 Re: Hampton Road Mormon Ditch Bridge #261 Replacement CRP No. 904016 - Federal Aid No. BRS-8063 (001) Construction Contract Award Attached for your review and signature is the standard construction contract award package for the Hampton Road / Mormon Ditch Bridge #261 Replacement Project. Said package consists of - an agenda bill; resolution for amending the CRP and contract award; approval of contract award endorsed by Executive; project summary and vicinity map; project cost breakdown; tabulation of all bids; and the low bid proposal. Requested Action Public Works respectfully requests that the County Council authorize the County Executive to enter into a contract for the subject project to the low bidder, Max J. Kuney Co. in the amount of $2,579,824.78 including all taxes. This recommendation is based on a review of fourteen (14) bids received. Background and Purpose Bid proposals for the project were opened at 2:30 p.m. on Friday February 27, 2009. The project is listed as Item No. 5 on the 2009 Annual Construction Program that was adopted by the Council on 2/13/2007. This project will consist of the replacement of the Hampton Road / Mormon Ditch Bridge #261. Funding Amount and Source Federal BRAC funds provide for 100% of the bridge construction costs; however, local funds are required for bridge approach, road realignment and right-of-way acquisition. Please contact Jim Karcher at extension 50633 if you have any questions or concerns regarding the terms of this agreement. In accordance with W.C.C. 3.08.230, I concur with this recommendation: Cie, pyy r Date IACRP CURRENT PROJECTMampton Rd Marmon D tch Bridge 2619040161610-619 ContracturaA611-ContracACouncilAward PackeAHampton Rd Agenda Bill Memo_ClSdoc 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 INTRODUCED BY PROPOSED BY PUBLIC WORKS DEPARTMENT DATE: RESOLUTION NO. AMENDING COUNTY ROAD PROJECT NO.904016 AND AUTHORIZING ADDITIONAL FUNDS FOR THE AWARD OF A CONTRACT FOR "HAMPTON ROAD / MORMON DITCH BRIDGE #261 REPLACEMENT PROJECT." WHEREAS, this project is included in the officially adopted 2009 Annual Construction Program as Item No. 5; NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council: That CRP #904016 is formally amended to include the construction of the Hampton Road / Mormon Ditch Bridge #261 Replacement Project; The Contract for this project is awarded to Max J. Kuney Company, in the amount of their bid of $2,579,824.78. An appropriation from the officially adopted Road Fund Budget and based on the County Road Engineer's estimate is hereby made in the amounts and for the purposes shown: PURPOSE AMOUNT OF APPROPRIATION Preliminary Engineering $673,590 Right -of -Way $233,975 Subtotal $ 907,565 Construction Contract $2,579,825 Construction Engineering / Testing / Contingency $ 850,000 Total $4,337,390 BE IT FURTHER RESOLVED that the construction is to be accomplished by Contract in accordance with RCW 36.77.020 et. seq. PASSED this day of , 2009 ATTEST: Dana Brown -Davis Clerk of the Council Approved as to Form: Daniel L. Gibson Asst. Chief Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Seth Fleetwood Council Chair 181 WHATCOM COUNTY JOSEPH P. RUTAN, P.E. PUBLIC WORKS DEPARTMENT rr °M°�Z Assistant Director/County Road Engineer 3 2011 Young St., Suite 201 FRANK M. ABART Bellingham, WA 98225-4052 Director AO Phone: (360) 715-7450 gNIN�+ Fax: (360) 715-7451 Hampton Road/Mormon Ditch Bridge #261 Replacement CRP #904016 APPROVAL FOR CONTRACT AWARD Approval is hereby granted to award the Contract as follows: Project: Hampton Road/Mormon Ditch Bridge #261 Replacement; CRP #904016 To: Max J. Kuney Company In the amount of their bid proposal $2,579,824.78- including all taxes. Whatcom County Executive Approving Authority Daniel L. Gibson Asst. Chief Civil Deputy Prosecutor Date 03/0�o f 0% Date 1.1CRP CURRENT PROJECTSWampton Rd Mormon Ditch Bridge 2619040161610-619 ConhacturaA611-ConhadlCouncil Award Packet 182 Whatcom County Public Works 2009 Annual Construction Program Project Narrative Hampton Road - Mormon Ditch Bridge #261 - CRP #904016 2009 Annual Construction Program Construction Funding Year(s): 2009 Project Narrative: This project is located on Hampton Road, south of Lynden's city limits in Section 20, T40N, R3E. The current bridge is approximately 125' long, 27' wide and has a deteriorating substructure. This project replaces the existing bridge and improves roadway width, vertical alignment and traveling safety of pedestrians/bicyclists. This project is listed #8 on the 2009— 2014 Six Year Transportation Improvement Program. New Construction Features - Total Width 48' Lane Width 12' Shoulder Width 6' Curb / Gutter Yes Sidewalk 6' Bridge Length 145' Project Status: Design was initiated in 2006. Final design, right-of-way acquisition, and environmental permitting will occur in 2008 with construction in the spring of 2009. Project Funding: 2009 Total Federal / State Local See detailed "Project Cost Breakdown" Total Environmental Permitting (Agencies/Permits): BA, CORPS, DOE, HPA, ECS, SEPA, CLR/CAO, NPDES Right -of -Way Acquisition ($ Estimate): $240,000 Day Labor ($ Estimate): To Be Determined X ----- E. BADGER RD. 546 iLYNDEN NTS 53� w >� z_ — J cirr uMrts_� LINDSAY ._ . — E MAIN STREET a• HAMPTON RD. F 0 T ST. o KOK RD. TIMON RD. ��. �� POLINDER RD. ��J z OSa C k ABBOTT RD. STICKNEY N Q Scott D RD• in in I.iCRP CURRENT PROJECTSSHampton Rd Mormon Ditch Bridge 26190401010-619 ContracturaA611-ContracACouncil Award PackeAProject Narrative.doc 183 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M_ARART Director Funding Source. Preliminary Engineering Right of Way Contract Construction Engineering, Testing and Contingency 'BNINp Project Cost Breakdown Hampton Rd / Mormon Ditch Bridge #261 Replacement Project CRP #904016 Whatcom County Federal Funds $23,590 $650,000 $233,975 $0 $168,000 $2,411,825 JOSEPH P. RUTAN, P.E. Assistant Director/County Road Engnineer 2011 Youne St.. Suite 201 Bellineham. WA 98225-4052 Phone: (360) 715-7450 Fax: (360) 715-7451 TOTAL $673,590 $233,975 $2,579,825 $850,000 $850,000 Total $425,565 $3,061,825 $4,337,390 Pmject Cost Brwkda xls 184 BID PROPOSAL BID PROPOSAL HAMPTON ROAD MORMON DITCH BRIDGE #261 REPLACEMENT F. A. PROJECT NO. BR5-8063(001) CRP. NO.904016 Date February 27, 2009 TO: Whatcom County Executive and Council Whatcom County Courthouse 311 Grand Avenue Bellingham, Washington 98225 Gentlepersons: This certifies that the Undersigned: has examined the location of the project site and the conditions of work; and has carefully read and thoroughly understands the contract documents entitled: "Hampton Road, Mormon Ditch Bridge #261 Replacement" Whatcom County, Washington, including the "Bid Procedures and Conditions," "Specifications and Conditions," "Contract Forms," and "Plans" governing the work embraced in this project, and the method by which payment will be made for said work. The Undersigned hereby proposes to undertake and complete the work embraced in this project in accordance with said contract documents, and agrees to accept as payment for said work, the schedule of lump sum and unit prices as set forth in the "Bid" below. The Undersigned acknowledges that payment will be based on the actual work performed and material used as measured or provided for in accordance with the said contract documents, and that no additional compensation will be allowed for any taxes not included in each lump sum or unit price, and that the basis for payment will be the actual work performed and measured or provided for in accordance with the said contract documents. The Undersigned certifies that it is not currently disqualified from bidding on any public works contract under RCW 39.06.010 or RCW 39.12.065(3). - 8-A4 - 185� 1 2 3 4 5 !. 7 0 E 10 11 BID PROPOSAL SCHEDULE A -- BRIDGE AND APPROACH WORK PREPARATION LUMP MOBILIZATION L.S. $ gSO,000 SUM LUMP ON SITE OFFICE L.S. $ 95,060 SUM 6 5 2 Sk0 0.90 CLEARING AND GRUBBING $ ?,�5� $ ACRES per ACRE 5 REMOVING DRAINAGE STRUCTURE $ 2( c, $ (E Soo EACH per EACH LUMP REMOVAL OF STRUCTURE AND OBSTRUCTION L.S. $ Yf boo SUM ODD LUMP REMOVAL OF EXISTING BRIDGE L.S. $ So,000 SUM 2500 REMOVING ASPHALT CONC. PAVEMENT $ 2 SE 000 SY per S.Y. 212 REMOVING GUARDRAIL $ 2_IC- $ S 3o LF per L.F. 4 REMOVING GUARDRAIL ANCHOR $ 1�5"57 $ 1,020 EACH per EACH 1500 RELOCATE LIVESTOCK FENCE $ $ LF per L.F. GRADING 790 ROADWAY EXCAVATION INCL. HAUL $ o $ mil, s CU. YD. per C.Y. . .. 186.1 z BID PROPOSAL l��iKE+`;�`sWoolI X.."4'�c'`'-`'. .s .e. ,,�.� rl ✓1 rrt. CJ�'�2dk y4 l'::.. 12 10 ROADWAY EXCAVATION — AREA MITIGATION SITE $fit % $ ya,0 CU. YD. per C.Y. DRAINAGE 13 1 GRATE INLET TYPE 2 $ -;,ISO $ 3 tSo EACH per EACH 14 60 LIGHT LOOSE RIPRAP $ 36,— $ ';Pb TONS per TON r- 15 60 QUARRY SPALLS $ ". $ (3Qo TONS per TON 16 1 TAPERED END SECTION WITH TYPE 4 SAFETY BARS 18 IN. DIAM. $ y 4b, $ q4e) EACH per EACH 17 260 UNDERDRAiN PIPE 8 IN. DIAM. $ 16 c' $ 5(1%o LF per L.F. 18 40 SCHEDULE A CULV. PIPE 18 IN. DIAM.. $ q0.6 $ 1,600 LF per L.F. STORM SEWER 19 5 CATCH BASIN TYPE 1 , $ fgo00 $ 100 EACH per EACH 20 1 CATCH BASIN TYPE 2 48 IN. DIAM $ "LA00'o�$ �L;100_ EACH per EACH 21 850 TESTING STORM SEWER PIPE $ 2 $ 1,u"ioo LF per L.F. 22 860 SOLID WALL PVC STORM SEWER PIPE 12 IN. DIAM. $ fozC $ y3i000 LF per L.F. - 10-A4 - 1871 BID PROPOSAL • ! ,Y a .. y6 .."'�'7",' ` it 9 �. 7�F t t- 5^ Y.i &0' w STRUCTURE 23 550 STUCTURE EXCAVATION CLASS A INCL. HAUL CY 24 LUMP SHORING OR EXTRA EXCAVATION CL. A SUM 25 200 GRAVEL BACKFILL FOR WALL CY 26 4 FURNISHING AND DRIVING CONCRETE TEST PILE EACH 27 3400 FURNISHING CONC. PILING LF 28 28 DRIVING CONC. PILE EACH 29 6 DYNAMIC PILE TESTING EACH 30 460 TRAFFIC BARRIER LF 31 5800 ST. REINF. BAR FOR SUPERSTR. LB 32 74200 EPDXY - COATED ST. REINF. BAR FOR BRIDGE LB 33 40500 ST. REINF. BAR FOR BRIDGE LBS -11-A4 - per C.Y. L.S. $ t42to per C.Y. $ 10,0000—o $ a per EACH. $ 11 ea $ S,+1, 000 per L.F. $ 35'004" $ 9$,Doo per EACH $ 9.000 �,$ V2,00o per EACH $ /ao°o $ y6,000 per L.F. $ ISO- $ per LB. $ 1 s- $ 11lk Soo per LB. $ $ `io, 5,66 per LB. 188 v BID PROPOSAL 34 55 CONC. CLASS 4000 FOR SUPERSTR. CY 35 500 STRUCTURAL CARBON STEEL LB 36 CALC STEEL COST ADJUSTMENT 37 16 ELASTOMERIC BEARING PAD - SUPERSTR. EACH 38 230 CONC. CLASS 4000 FOR BRIDGE CY 39 80 CONC. CLASS 4000 FOR MOMENT SLAB CY 40 75 EXPANSION JOINT SYSTEM COMPRESSION SEAL LF 41 460 BRIDGE RAILING TYPE BP-B — SUPERSTR. LF 42 260 CONC. CLASS 4000D FOR BRIDGE CY 43 16 FURNISHING STEEL PILE TIP OR SHOE EACH 44 1144 PRESTRESSED CONCRETE GIRDER — WF58G LF 45 2300 STRUCTURAL EARTH WALL SF - 12-A4 - $ 900 $ W4. Soo per C.Y. $ y°% $ 2.000 per LB. CALC $6,000 $sw2, $ 12,800 per EACH $ u�y'' $ 10%o9C) per C.Y. $ Sco''' $ per C.Y. per L.F. 0 $ too ms $ e[G.000 per L.F. $ 43s°l $ f91,loo per C.Y. $ 5-soa-6 $ 2 $Oo per EACH �4o' 2111 s(,,O .?���2,!Aq- Co per L.F. $ *D i $ q4.00o per S.F. 189f BID PROPOSAL 6 ti J �(P �a`' "I'lmill-mile mul �dY.:s.Q.bi-e 3 46 1325 BACKFILL FOR STRUCTURAL EARTH WALL INCL. HAUL $ ISQ� $ CY per C.Y. 47 260 BRIDGE APPROACH SLAB $ 31S°° $ SI . Qa0 SY per S.Y. SURFACING 48 9950 GRAVEL BASE $ 9'� $ Rg, slc0 TONS per TON 49 500 CRUSHED SURFACING BASE COURSE $ jl� v" $ G,- �LS'o TONS per TON 50 50 CRUSHED SURFACING TOP COURSE $ l S °- $ isn TONS per TON HOT MIX ASPHALT 51 CALC ASPHALT COST PRICE ADJUSTMENT CALC $5,000 52 650 COMMERCIAL HMA $ �op6 $ $9,000 TONS per TON EROSION CONTROL AND PLANTING 53 20 ESC LEAD $ $oo°% $ 10,boo DAYS per DAY 54 50 CHECK DAM $ 1-2 $ I.ob LF per L.F. 55 335 STABILIZED CONSTRUCTION ENTRANCE $ I Y'� $ �- 7e) SY per S.Y. -13-A4 - 190 56 57 58 59 8 INLET PROTECTION EACH 2280 SILT FENCE LF FORCE EROSION / WATER POLLUTION CONTROL ACCOUNT 766.0 COIR CLOTH EROSION CONTROL FABRIC SY 60 0.75 SEEDING, FERTILIZING, AND MULCHING ACRE 61 250 WETLAND SEEDING SF 62 17,450 UPLAND SEEDING SF 63 4,475 BIOSWALE SEEDING SF 64 250 TOPSOIL TYPE B CY 65 900 COMPOST BLANKET SY 66 9 PSIPE RED OSIER DOGWOOD — 3 FT. LIVE STAKES. EACH - 14-A4 - BID PROPOSAL $ ego per EACH $ 36 $ per L.F. $ $10,000 F.A. $ s 1-5-' $ per S.Y. $ 1,900 $ 1_yls per ACRE $ 1� %-0 $ LDS per S.F. $ o `' $ per S.F. $ 03% $ 1, 3aa per S.F. $ o�� $ �OoO per C.Y. $ 2`-� $ ►. R90 per S.Y. $ I f °% $ per EACH 67 68 70 71 72 73 74 1 75 76 77 78 BID PROPOSAL 65 PSIPE BLACK TWINBERRY- BARE ROOT $ 106 $ 'tom EACH per EACH 86 PSIPE INDIAN PLUM - BARE ROOT $ t I 1�- $ 9 Yb EACH per EACH 65 PSIPE THIMBLEBERRY- BARE ROOT $ tt $ -4(T- EACH per EACH 3 PSIPE SALMONBERRY - BARE ROOT $ I( of $ I? _ EACH per EACH 151 PSIPE SCOULER'S WILLOW - 3 FT. LIVE STAKES $ 1�°j $ t to(nl EACH per EACH 3 PSIPE PACIFIC WILLOW - 3 FT. LIVE STAKES $ l l°c,�, $ !33 EACH per EACH 54 PSIPE COMMON SNOWBERRY -1 GALLON CONTAINER $ [l °b� $ 577c/ EACH per EACH 8 PSIPE SLOUGH SEDGE - BARE ROOT/PLUG $ 1! $ $$ EACH per EACH 4 PSIPE SAWBEAK SEDGE - BARE ROOT/PLUG $ )( o- $ q� EACH per EACH e 33 0 3 PSIPE YELLOW MONKEYFLOWER - 4 IN. POT $ It $ - EACH per EACH 70 COARSE COMPOST $ tls-'-` $ 1 a CY per C.Y. 0 421 HIGH VISIBILITY FENCE $ q $ / 7 Z LF per L.F. - 15-A4 - 192, 40 BID PROPOSAL �5.vri'r.,scay.�.'%• P L .� ......�.. ,_ .� s�tY. s 79 3 LOG $ 32o, $ 960 EACH per EACH 80 2 SEDIMENT TRAP $ 3 Q,00"�$ --7-&o o EACH per EACH TRAFFIC 81 490 CEMENT CONC. TRAFFIC CURB AND GUTTER $ 19 o�— $ 9, 310 LF per L.F. 82 2 BEAM GUARDRAIL FLARED TERMINAL $ EACH per EACH 83 96 BEAM GUARDRAIL TYPE 1 $ '�(�$ 2 K9r: LF per EACH 84 2 BEAM GUARDRAIL TRANSITION SECTION TYPE 1A $ I.5:�$ 3, I Do EACH per EACH 85 2 BEAM GUARDRAIL ANCHOR TYPE 1 $ $oo'' $ EACH per EACH 86 1 BEAM GUARDRAIL ANCHOR TYPE 5 $ 1, S�S�r$ l �5 EACH per EACH 87 1,700 PAINT LINE $ / r-,- $ 1 8 :�o LF per L.F. 88 1,700 PROFILED PLASTIC LINE $ 3 �� $ Ia P?6 LF per L.F. 89 0.4 RECESSED PAVEMENT MARKER TYPE 2 $ � 900 �� $ /, 56 0 HUND per EACH 90 LUMP PERMANENT SIGNING LS $ / $' SUM - 16-A4 - BID PROPOSAL 1wis .Se. ?r� .5rYSdl /,Fzis,�yFC WE 6KF 2`N - ✓ i. $g, y1f' J4+ NlY`1 ` L 91 , , mT LUMP TRAFFIC CONTROL SUPERVISOR LS $ SUM 92 500 FLAGGERS AND SPOTTERS $ qa°�— $ ;21,Ooo HOURS per HR 93 150 OTHER TRAFFIC CONTROL LABOR $ 9to'% $ fy qoo HOURS per HR 94 800 CONSTRUCTION SIGNS CLASS A $ F- ce, $ ►3�leoo SF per S.F. OTHER 95 LUMP TYPE B PROGRESS SCHEDULE LS $ I, Soo SUM 96 1100 STRUCTURE EXCAVATION CLASS B INCL. HAUL $ q S° $ r o, YSo CY per S.Y. 97 200 SHORING OR EXTRA EXCAVATION CLASS B $ - f! $ �/20 SF per S.F. 98 15 GRAVEL BACKFILL FOR DRAIN $ 32 0� $ �{$O CY per C.Y. 99 6 PLUGGING EXISTING PIPE $ 210� $ I;t60 EACH per EACH 100 1 ADJUST MONUMENT CASE AND COVER $ 1150� $ 315 EACH per EACH 101 136 CEMENT CONC. SIDEWALK $ ?Z �� s_ 5� SY per S.Y. 102 22 CEMENT CONC. DRIVEWAY ENTRANCE TYPE 5 $ y$°- $ I.OS4 SY per S.Y. -17-A4 - 194 -17-A4 - 194 b BID PROPOSAL 103 4 CEMENT CONC. SIDEWALK RAMP TYPE 5 $ /r 1D00 $ EACH per EACH 104 1500 WIRE FENCE TYPE 2 $ Y 0, $ LF per LF 105 4 CONNECTION TO DRAINAGE STRUCTURE $CIS°� $ SUD EACH per EACH 106 4 ADJUST CATCH BASIN $ y 3o'—', $ EACH per EACH 107 FORCE ROADSIDE CLEANUP $ $5,000 ACCOUNT F.A. 108 2 JUNCTION BOX - TYPE 3 $ 2; Soo $ S, Doo EACH per EACH 109 450 TREE PROTECTION DEVICES $ 1'�°� $ S, y00 EA per EACH 110 LUMP SPCC PLAN LS $ 5*0 SUM 111 450 CONSTRUCTION GEOTEXTILE FOR UNDERGROUND DRAINAGE $ 3,5 $ 1 fit - SY per S.Y. 112 FORCE UNANTICIPATED SITE WORK $ $100,000 ACCOUNT F.A. SCHEDULE A - TOTAL 0 $2,sp� m - 18-A4 - 195 BID PROPOSAL Esw1lm FE ye .' 4al-1Rl yj3 r r4vi ^^3' y t� �, zE i] '�`i12'<?�`.���� `£'±r �Ckn<2e,.. .. "r9 SCHEDULE B -WATER LINE 113 1 BLOWOFF ASSEMBLY $ ! i SSA'$ 115 EACH per EACH 114 750 HDPE PIPE FOR WATER MAIN 6 IN. DIAM. $ q` ,— $ 3l�Soo LF per L.F. 115 360 DIRECTIONAL DRILLING HDPE PIPE 6 IN. DIAM. $ ►oo'— $ g(„Doo LF per L.F. SCHEDULE B SUBTOTAL $ (ea toss- r STATE SALES TAX @ 8.5% $ SCHEDULE B TOTAL $ _4% q90 �a BID SUMMARY SCHEDULE A $ 2 i5,0$,- iL( SCHEDULE B $ "44 I g q 0 *TOTAL BID AMOUNT (Including all taxes) $ dl. Ste. 82�1 *AMOUNT SUBJECT TO DBE REQUIREMENTS (see next page) - 19-A4 - 196; BIDDER'S CHECKLIST HAMPTON RD / MORMON DITCH BRIDGE #261 REPLACEMENT CRP NO.904016 BRS-8063-(001) Review of Contract Documents including: T Contract Documents Part I thru Part IV (pages 1-385) — Construction Plans (48-sheets) Appendices Part IV (Appendices A, 8, C, D, E, F, G, H) Submit Unit price for each Bid Item where applicable Extensions done correctly for each Bid Item Submit Proposal for DBE Goals Submit Bid Proposal Sheets Submit the Non -Collusion Declaration Submit Bidder Identification form Submit Bid Proposal Signature and Addendum Acknowledgement: _ Date and Print name on Proposal _ Proposal signed by authorized agent _, Proposal Signature notarized by Notary Public Acknowledge Addendum(s) (if any) Submit Bid Bond and check that bid deposit is at least 5% of total bid Submit Subcontractor List (Must be submitted even if no Subcontractors are listed) Submit bids by required date and time Bidders should call Whatcom County Purchasing at (360) 676-6733 immediately upon discovery of any missing items. 1971 BID PROPOSAL M_ Washington State Disadvantaged Business Department of Transportation Enterprise Utilization Certification To be eligible for award of this contract the bidder must fill out and submit, as part of its bid proposal, the following Disadvantaged Business Enterprise Utilization Certification relating to Disadvantaged Business Enterprise (DBE) requirements. The Contracting Agency shall consider as non -responsive and shall reject any bid proposal that does not contain a OBE Certification which properly demonstrates that the bidder will meet the DBE participation requirements in one of the manners provided for in the proposed contract. If the bidder is relying on the good faith effort method to meet the DBE assigned contract goal, documentation in addition to the certificate must be submitted with the bid proposal as support for such efforts. The successful bidder's DBE Certification shall be deemed a part of the resulting contract. Information on certified firms is available from OMWBE, telephone 360-753-9693. Max J. Kuney Company_ certifies that the Disadvantaged Business Enterprise Name of Bidder _ (DBE) Rims listed below have been contacted regarding participation on this project. If this bidder is successful on this project and is awarded the contract, it shall assure that subcontracts or supply agreements are executed with those firms where an "Amount to be Applied Towards Goal" is listed. (If necessary, use additional sheet.) Certiticane Nulin.ter Prtlaet Role :' : subcanhaato►� Odw, D•rMe�3wviee Pro4irhrl Description of Work Amount. to «. be Applied Towards Goal o•cSZL±��netaa O%F 02ot53 u4co.� l�-c SOS �q n Soa 2• j CV%V, W yul C&.,k. r u `j god c�Q t3nrrinc� SP ca�� lo�ryoo O 0 l o-7 05 3. 0 ; rr t Q A-b vAu s�3 'aty`°o t�yMa�-do �a� a. ��ilir uS}c�c$io_-+n...__ N` 2z o 33 ta'I 421MA �1 aq �o 9 , 5. 6. 7. 8. 9. 10. Disadvantaged Business Enterprise Subcontracting Goal: 7% DBE Total $ I g �t� Regular Dealer status must be approved prior to Ind submittal by the Office of Equal Opportunity, Wash. State Dept. of Transportation, on each contract. •' See the section 'Counting DBE Participation Toward Meeting the Goal" in the Contract Document. `•• The Contracting Agency will utilize this amount to determine whether or not the bidder has met the goal. In the event of an arithmetic difference between this total and the sum of the individual amounts listed above, then the sum of the amounts listed shall prevail and the total wiN be revised accordingly. DOT Forrn 272-056 EF Revieed 7107 - 20 BID PROPOSAL NON -COLLUSION DECLARATION HAMPTON ROAD MORMON DITCH BRIDGE #261 REPLACEMENT I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: That the undersigned person(s) firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. That by signing the signature page of this proposal, I am deemed to have signed and have agreed to the provisions of this declaration. NOTICE TO ALL BIDDERS To report bid rigging activities call: 1-800-424-9071 The U.S. Department of Transportation (USDOT) operates the above toll free "hotline" Monday through Friday, 8:00 a.m. to 5:00 p.m. Eastern Time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such activities. The "hotline" is part of USDOT's continuing effort to identify and investigate highway construction contract fraud and abuse, and is operated under the direction of the USDOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. -21- 199 BID PROPOSAL BIDDER IDENTIFICATION The name of the Bidder submitting this proposal, the address and phone number to which all communications concerned with this proposal shall be made and the number which has been assigned indicating the Bidder is licensed to do business in the State of Washington are as follows: Firm Name: Max J. Kuney Company 120 N. Ralph Street Spokane WA 99202 Address: PO Box 4008 Spokane. -WA 99220-0008 Telephone: 509-535-0651 Contractor's WA Registration Number: KU NE XM J372 NO Contractor's WA UBI Number: 328-031-074 Contractor's WA Employment Security Department Number: 174943 Contractor's WA Excise Tax Registration Number: 328-031-744 The Firm submitting this proposal is a: Sole Proprietorship Partnership X. Corporation The names and titles of the principal officers of the corporation submitting this proposal, or of the partnership, or of all persons interested in this proposal as principals are as follows: Max J. Kuney, IV President Daniel Kuney. Vice President Karsten Olson, Vice President Robert A. Haney, Secretary -Treasurer NOTE: Signatures of this proposal must be identified above. Failure to identify the Signatories will be cause for considering the proposal irregular and for subsequent rejection of the bid. -22- 200 BID PROPOSAL BID PROPOSAL SIGNATURE AND ADDENDUM ACKNOWLEDGMENT The bidder is hereby advised that by signature of this proposal he/she is deemed to have acknowledged all requirements and signed all certificates contained herein. The undersigned hereby agrees to pay labor not less than the prevailing rates of wages or less than the hourly minimum rate of wages as specified in the Specifications and Conditions for this project. CASH CASH DOLLARS CERTIFIED CHECK COUNTY PROPOSAL BOND ❑ IN THE AMOUNT OF LE ❑ ($ l PAYABLE TO WHATCOM ® IN THE AMOUNT OF 5% OF THE BID. Receipt is hereby acknowledged by addendum(s) No.(s) 1 , a1, , & -3 el SIGNATURE OF (PROPOSAL MUST BE SIGNED) ten'UYson, Vice President (Seal) STATE OF WASHINGTON ) ) SS. COUNTY OF WHATCOM ) On this-1 7th day of, 2009, before me personally appeared in the month of February Karsten Olson to me personally known to be the person described in and who executed the above instrument and who acknowledged to me the act of signing thereof ,`��<<ututUp,z l,p MCCqI''��_ NOTARY PUB I , in and for the OVARY = State of Washi gton, residing at: Z v s e-Z�'�0 = My Commission Expires: 8 / 20 / 10 eA . This proposal not'eible and any alteration of the firm's name entered hereon without prior pm �j�n3\�� atcom County will be cause for considering the proposal irregular and for su, ction of the bid. -23- 201 SUBCONTRACTOR LIST WHATCOM COUNTY DEPARTMENT OF PUBLIC WORKS BID PROPOSAL SUBCONTRACTOR LIST Prepared in Compliance with RCW 39.30.060 as amended. To be Submitted with the Bid Proposal Project Name: Hampton Road Mormon Ditch Bridge #261 Replacement CRP. No. 904016 Failure to list subcontractors who are proposed to perform work of heating, ventilation and air conditioning, plumbing as described in Chapter 18.106 RCW, and electrical work as described in Chapter 19.28 RCW, will result in your bid being nonresponsive and therefore void. Subcontractor(s) that are proposed to perform work of heating, ventilation and air conditioning, plumbing as described in Chapter 18.106 RCW, and electrical work as described in Chapter 19.28 RCW must be listed below. The work to be performed is to be listed below the subcontractor'(s) name. If no subcontractor is listed below, the bidder acknowledges that it does not intend to use any subcontractor to perform those items of work. 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N W NN 206 )d \m 0 � E ) CL � � o �k� 2$g EIIx 0o z L. 4 0 LL: � � § CL E 2 §k� e&! 3;¥ � (§) k ) | \\� / \� $■� R &§ [/i �{# \#1 !_, a @!ƒ 2__ \ \ 0 -■ \ / 207 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2009-131 CLEARANCES Initi Date Date Received in Council Office Agenda Date Assigned to: 3/5/09 2/24/09 P&D Committee Originator: Matt Aamot n E C E�� Vn E D w Division Head: Wain Harrison �/ /T `/j/j� §�/lJ (lJ' U 3117109 P&D/Hearing Dept. Head: David Stalheim MAR 0 9 2009 WHATCOM COUNTY Prosecutor: Royce Buckingham 7 ` lI J Purchasin Bud et: COUNCIL Executive: Pete Kremen Lt 31710 TITLE OFDOC MEN . Columbia Valley ATTACHMENTS: (1) Planning Director Memo dated March 5, 2009. (2) Planning Commission Findings of Fact & Reasons for Action, Conclusions and Recommendations dated February 19, 2009. (3) Planning Commission Minority Opinion dated March 4, 2009. (4) Draft Planning Commission minutes from January 15 and January 29, 2009. Notes: Other materials, including Draft Foothills Subarea Plan, citizen comment letters, the Supplemental Environmental Impact Statement, and Planning and Development Services' memos, are available or review at the County Council o ice SEPA review required? ( x )Fes ( ) NO Should Clerk schedule a hearing ? ( x ) Yes ( ) NO SEPA review completed? ( x )Fes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. Council will hold a public hearing to take public comments on whether or not to affirm the Planning Commission recommendation that the Columbia Valley status as an Urban Growth Area (UGA) be removed and that it be considered as a Limited Area of More Intense Rural Development (LAMIRD) in the LAMIRD ordinance that will be subject to public hearings and ordinances later this year. Both the UGA and LAMIRD issues are Hearings Board orders that are planned for action in 2009. COMMITTEEACTION. COUNCIL ACTION: 2/24/2009: Discussed. Hold in Planning & Development Committee to get more public comments on 3/17/09. Committe will make recommendation to Council Related County Contract #: Related File Numbers:. Ordinance or Resolution AB2007-340 (Foothills Subarea -Plan) Number: A62008=166 (Final EIS) Draft Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. I WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226-9097 360-676-69071 TFY 800-833-6384 �9SN~�s�Or 360-738-2525 Fax Memo To: The Honorable Whatcom County Council David Stalheim Director ..S it am t Cecro'VED MAR 6 2009 PETE KREMEN COUNTY EXECUTIVE From: David Stalheim, Whatcom County Planning Director�7 Date: March 5, 2009 RE: Columbia Valley The Whatcom County Planning Commission issued Findings of Fact, Reasons for Action, Conclusions and Recommendations relating to the Columbia Valley on February 19, 2009. The Commission majority recommended rescinding the UGA designation and designating the Columbia Valley as a LAMIRD. A Planning Commission minority report recommends retaining the UGA. Background and Purpose The Foothills Subarea Plan Advisory Committee, which was appointed by the County Executive and confirmed by the County Council, recommended a Draft Foothills Subarea Plan (Oct. 2007) that retained an urban growth area in the Columbia Valley. In December 2008, Whatcom County issued a Final Supplemental Environmental Impact Statement (SEIS) relating to the Foothills Subarea Plan. This SEIS evaluated three land use alternatives: ➢ The Draft Foothills Subarea Plan (Oct. 2007) with a modified planning horizon year, ➢ The No Action Alternative, which retains existing land use designations, and ➢ The Rural/LAMIRD (Limited areas of more intensive rural development) alternative. Main features of this alternative include eliminating the Columbia Valley/Kendall Urban Growth Area (UGA) and reducing or eliminating areas of more intensive rural development in the Deming, Welcome, Maple Falls, and Glacier areas. 209 Whatcom County is in the process of reviewing the Foothills Subarea Plan, conducting the 10- year urban growth area (UGA) review, and conducting review of limited areas of more intensive rural development (LAMIRDs) in the rural comprehensive plan element update. Subarea plans are subject to concurrent review of comprehensive plan amendments that can normally occur only once per year. Adoption of the Subarea Plan is anticipated with the 2010 batch of comp plan amendments. However, the 10-year UGA review and LAMIRD review are legal mandates that must be completed in 2009. Therefore, we are asking for direction relating to whether the Columbia Valley should be reviewed as a UGA in the 10-year review or a LAMIRD in the rural element update. Potential motions could be: ➢ The Whatcom County Council requests Planning & Development Services to evaluate rescinding the Columbia Valley UGA designation and review the Columbia Valley for LAMIRD status under rural comprehensive plan update process; or A The Whatcom County Council requests Planning & Development Services to evaluate the Columbia Valley in the 10-year UGA review process with a Columbia Valley population allocation of'Y' for 2029-31. We are not asking for Council approval of an ordinance at this time. Rather, we are asking for direction relating to which process the Columbia Valley would be evaluated under. An ordinance would be approved at a later date with the other areas included in the 10-year UGA review or LAMIRD process. If you have any questions, feel free to contact me at ext. 50200. 210 WHATCOM COUNTY PLANNING COMMISSION FINDINGS OF FACT & REASONS FOR ACTION, CONCLUSIONS AND RECOMMENDATIONS Relating to the Columbia Valley WHEREAS, Whatcom County is in the process of reviewing the Foothills Subarea Plan, conducting the 10-year urban growth area (UGA) review, and conducting review of limited areas of more intensive rural development (LAMIRD) in the rural comprehensive plan element update; and WHEREAS, Subarea plans are subject to concurrent review of comprehensive plan amendments that can normally occur only once per year; and WHEREAS, the 10-year UGA review is a legal mandate that must be completed in 2009 (Petree, et al., v. Whatcom County, et al., Western Washington Growth Management Hearings Board, Case No. 08-2-0021 c, Order Finding Noncompliance, July 2, 2008); and WHEREAS, the LAMIRD review is a legal mandate (Futurewise v. Whatcom County and Intervenors Gold Star Resorts, Inc., Western Washington Growth Management Hearings Board, Case No. 05-2-0013, Final Decision and Order, September 20, 2005); and WHEREAS, Whatcom County needs to provide direction whether the Columbia Valley should be reviewed as a UGA in the 10-year review or a LAMIRD in the rural element update; and WHEREAS, The Planning Commission held a public hearing and considered public testimony. NOW THEREFORE BE IT RESOLVED: THE PLANNING COMMISSION ENTERS THE FOLLOWING FINDINGS OF FACT & REASONS FOR ACTION, CONCLUSIONS AND RECOMMENDATIONS: FINDINGS OF FACT & REASONS FOR ACTION 1. Growth Management Act (GMA) planning goals are set forth in RCW 36.70A.020. The GMA citizen participation and coordination planning goal is to "Encourage the involvement of citizens in the planning process and ensure coordination between communities and jurisdictions to reconcile conflicts" (RCW 36.70A.020 (11)). P. 1 211 2. The Whatcom County Council approved resolution 2005-062 in November 2005 establishing the Foothills Subarea Plan Advisory Committee. The County Executive appointed 11 members to the Committee and the County Council confirmed these appointments. 3. The Foothills Subarea Plan Advisory Committee met about 40 times between March 2006 and October 2007 in the effort of developing the Draft Foothills Subarea Plan. The Advisory Committee typically provided a period for public comments at their meetings. 4. Whatcom County Planning and Development Services Department, in conjunction with the Foothills Subarea Plan Advisory Committee and planning consultant Studio Cascade, hosted a series of four visioning workshops the week of June 5 through June 8, 2006. These meetings were held in Deming, Kendall, Glacier and Maple Falls. 5. Whatcom County Planning and Development Services Department, in conjunction with the Foothills Subarea Plan Advisory Committee and planning consultant Studio Cascade, hosted a Kendall Small Town workshop on September 15 and 16, 2006. 6. Whatcom County Planning and Development Services Department, in conjunction with the Foothills Subarea Plan Advisory Committee and planning consultant Studio Cascade, hosted a Columbia Valley Urban Growth Area (UGA) Workshop in Kendall on October 14, 2006. 7. Whatcom County Planning and Development Services Department, in conjunction with the Foothills Subarea Plan Advisory Committee and planning consultant Studio Cascade, hosted a Foothills Subarea Plan Policy Workshop in Deming on November 16, 2006. 8. Whatcom County Planning and Development Services Department, in conjunction with the Foothills Subarea Plan Advisory Committee and planning consultant Studio Cascade, circulated a questionnaire in October and November 2006. The results of the questionnaire are presented in the Foothills Subarea Plan Questionnaire Report (January 2007). . 9. A Draft Foothills Subarea Plan rollout meeting was held on October 15, 2007 at the Kendall Elementary School. 10. The Planning Commission held a work session on the Draft Foothills Subarea Plan (October 2007 version) on November 29, 2007. 11. In December 2007, the Planning and Development Services Department determined that a supplemental environmental impact statement (SEIS) would be prepared for the Draft Foothills Subarea Plan and alternatives. The Draft SEIS was issued on August 1, 2008. A public hearing on the Draft SEIS was held on September 4, 2008. The Final SEIS was issued on December 19, 2008. The SEIS evaluated three land use alternatives. P. 2 212 12. The Planning Commission held a public hearing on the Draft Foothills Subarea Plan on January 15, 2009. The Planning Commission held work sessions on January 29 and February 19, 2009. 13. GMA planning goal # 1 is to "Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner." GMA planning goal# 12 is to "Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards." 14. The Columbia Valley UGA had an estimated 2006 population of 3,853. However, planning for adequate public facilities and services to serve a UGA has not been conducted. 15. In a letter of September 13, 2008, Whatcom County Fire Protection District No. 14 states that "... Alternative # 3 places the least amount of growth pressure on District 14. We would continue to provide service at a rural level as opposed to an urban area. District Commissioners would continue to seek a solution to increased call load level based on the increased number of low income residents and their inability to transport themselves to medical attention..." Alternative 3 is the Rural/LAMIRD alternative studied in the SEIS. 16. In an e-mail of December 17, 2008, the Washington State Department of Transportation indicates concern about the state's ability to fund highway improvements in the area. 17. In a letter of January 27, 2009, Whatcom County Water District 13 indicates concern about the District's ability to fund sewer improvements necessary to serve a UGA. 18. GMA planning goal # 2 is to "Reduce the inappropriate conversion of undeveloped land into sprawling, low -density development." 19. Designating developed portions of the Columbia Valley as LAMIRDs would allow infill in these existing areas. Designating areas outside the LAMIRD boundaries as rural and/or forestry would discourage sprawl outside the LAMIRD boundaries. 20. GMA planning goal # 3 is to "Encourage efficient multimodal transportation systems that are based on regional priorities and coordinated with county and city comprehensive plans." 21. The Draft Foothills Subarea Plan contains policies to promote and encourage public transit, bikeways, and pedestrian walkways (Goal T11 and associated policies in chapter 6). Additionally, the Final SEIS includes potential mitigation measures relating to transportation. These mitigation measures should be incorporated, as appropriate, into the Foothills Subarea Plan. P. 3 213 22. GMA planning goal # 5 is to "Encourage economic development throughout the state that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens of this state, especially for unemployed and for disadvantaged persons, promote the retention and expansion of existing businesses and recruitment of new businesses, recognize regional differences impacting economic development opportunities, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources, public services, and public facilities." 23. Businesses would be allowed at a limited scale in the Kendall Small Town. Additionally, cottage industries are allowed in rural areas and resource based industries are allowed in forestry areas. 24. GMA planning goal # 8 is to "Maintain and enhance natural resource -based industries, including productive timber, agricultural, and fisheries industries. Encourage the conservation of productive forest lands and productive agricultural lands, and discourage incompatible uses." 25. Policies in the Draft Foothills Subarea Plan discourage rezoning Commercial Forestry and Rural Forestry zones to allow more dwellings or increased intensity of use (see Policies LU1-B and LLT1-C in chapter 2). However-, Policy LU1-C should be modified to remove the reference to the UGA. 26. GMA planning goal # 9 is to "Retain open space, enhance recreational opportunities, conserve fish and wildlife habitat, increase access to natural resource lands and water, and develop parks and recreation facilities." 27. The Foothills Subarea Plan contains policies relating to preservation of open space (LU 1- G and LU1-I in chapter 2), recreation (Recreation goals and policies in chapter 9), and fish and wildlife habitat (Goal EN1 and associated policies in chapter 11). 28. GMA planning goal # 10 is to "Protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water." 29. The Draft Foothills Subarea Plan contains policies to protect water quantity and quality (Goal EN1 and associated policies in chapter 11). Additionally, the Final SEIS includes potential mitigation measures relating to water quantity and water quality. These mitigation measures should be incorporated, as appropriate, into the Foothills Subarea Plan. 30. A quantitative groundwater model would not be needed as mitigation to assess impacts to Kendall Creek if the Columbia Valley were designated as LAMIRDs, rural and/or forestry instead of being designated for urban growth (Foothills Subarea Plan Final SEIS, December 19, 2008, pp. 104-108). P. 4 214 31. Removing the UGA would protect rural character and discourage urbanization which is far removed from employment centers of the County. 32. The Growth Management Act allows counties to designate "limited areas of more intensive rural development" under RCW 36.70A.070(5)(d). Whatcom County is in the process of developing uniform criteria to evaluate LAMIRDs on a county -wide basis in response to a Western Washington Growth Management Hearings Board order. The Columbia Valley should be evaluated under these uniform criteria, once they are completed, so that LAMIRD boundaries are delineated on a consistent basis throughout the County. CONCLUSIONS Based upon the above findings of fact and reasons for action, the Planning Commission concludes that the Columbia Valley should be changed.from a UGA to LAMIRD, rural and/or forestry designations. The Planning Commission concludes that it has not been demonstrated that there has been adequate public facility and service planning to serve urban growth in this location. RECOMMENDATION The Whatcom County Planning Commission recommends rescinding the UGA designation and designating the Columbia Valley as a LAMIRD. WHATCOM COUNTY PLANNING COMMISSION Melious, Chairperson Date 1 David Stalheim, Secretary Date Commissioners present at the January 29, 2009 meeting when the original vote was taken: David Hunter, John Lesow, Ken Mann, Jean Melious, Geoff Menzies, John Steensma and Sean Wilson. Vote: Ayes: 5, Nays: 2, Abstain: 0, Absent: 2. Motion carried. Commissioners_ present at the February 19, 2009 meeting when the findings of fact & reasons for action, conclusions and recommendations were approved: Rabel Burdge, David Hunter, John Lesow, Ken Mann, Jean Melious, Geoff Menzies, John Steensma and Sean Wilson. Vote: Ayes: 5, Nays: 2, Abstain: 1, Absent: 1. Motion carried. P. 5 215 RE-CEIVED WHATCOM COUNTY PLANNING COMMISSION MINORITY OPINION (File #CMP2007-00007) Proposed adoption of a new Foothills Subarea Plan Commissioner S.D. Wilson, with whom Commission R. J. Burdge Joins, dissenting I. On January 29, 2009 The Whatcom County Planning Commission held a work session, following a public hearing held on January 15, 2009, to make a recommendation pertaining to the Adoption of a new Foothills Subarea Plan. The Planning Commission voted to recommend that Whatcom County Council re -designate the Columbia Valley Urban Growth Area to a LAMIRD as discussed in Alternative No. 3 of the Final SEIS.' The Planning Commission's final recommendation is in conflict with County Planning and Development Staff recommendations2, the recommendations of the Foothills Subarea Plan Advisory Committee (FSPAC), and the existing goals and policies of the Whatcom County Comprehensive Plano. The recommendation further appears to potentially interfere with the goals of the GMA5 and the needs of the citizens residing in the Columbia Valley UGA. H. The adoption of a Foothills Subarea Plan is a non -project proposal. A non - project proposal would theoretically create no adverse environmental impacts, requiring mitigation, but rather, frame the conditions and policy guidance under which future planning would be regulated. Whatcom County development regulations and standards would be employed when development is proposed by individual land owners. Development proposals submitted by private land owners would also be subject to the requirements of the Whatcom County Critical Areas Ordinance and Shoreline Management Program (where applicable). Whatcom County Planning and Development Staff have prepared a Supplemental Environmental Impact Statement (SEIS) for the Foothills Subarea Plan to further inform the process. The Final SEIS states that: Final SEIS pg. 19-22 - 2 January 7, 2009 PDS Staff Report File # CMP2007-00007 3 Draft Foothills Subarea Plan (October 2007) " Whatcom County Comprehensive Plan (policies 2AA, 2AA-6, 2AA-7, 2AA-12)-- 5 RCW 36.70A.020 1 of 6 MAR 0 4 2009 LONG RANGE PLANNING DIVISION 216 Adoption of a Subarea Plan is a non -project action. It is not a permit to develop, but sets the parameters under which development can or can not Occur'.6 The Final SEIS was published on December 19, 2008 and addresses environmental impacts and proposed mitigation as follows: It appears that environmental impacts can -generally be mitigated. However, Appropriation of adequate financial and human resources would be needed in order to achieve many of the mitigation measures.' The Final SEIS also contemplates the effectiveness of the proposed mitigation measures: Mitigation measures proposed in this SETS should be effective to mitigate adverse impacts, if implemented as intended...e It seems clear that mitigation measures will require capital and human resources to ensure their implementation, however, Investment from the private sector will play a significant role in providing these resources. It seems unlikely that there would be any potential to attract or retain sufficient capital investment opportunities from the private sector without the existing UGA designation and appropriate associated zoning to support the existing and future needs of this densely populated Urban Growth Area. The Final SEIS essentially identifies No Adverse Environmental Impacts that cannot be mitigated through proper application and enforcement of existing regulations and adoption of a new Foothills Subarea Plan. Conversely, re - designation of the Columbia Valley UGA appears to have significant potential for disenfranchising a segment of the population and creating a controversial precedence or `test case' for the removal of an UGA designation, with all of the implied legal and financial liability presumably associated with such high profile and litigious issues. Whatcom County is currently undertaking its 10 year UGA review. The consultants, Burk & Assoc., have been retained to work with the GMCC on this project and have completed preliminary population and land supply studies. According to the draft reports, using the historical share scenario, the projected population of the Columbia Valley UGA would increase by 3, 304 over the 20 year planning period (2029 or 2031). The preliminary land supply analysis10 indicates that the Columbia Valley UGA has only 93.3% of the required Net Developable Acres needed to accommodate the projected population under the historical share scenario. The Proposed Foothills Subarea Plan envisions infill, densification, and the utilization of land primarily located within a sewer district's service area and 6 Final SEIS pg. 11 Ibid. pg. 11 9 Ibid. pg. 11 9 Burk & Assoc. January 13, 2009 - Phase 1 Allocations of 2031 Growth to Planning Areas - Exhibit 4 10 Burk & Assoc January 30, 2009 - Columbia Valley UGA Residential Land Capacity Analysis Summary - 81 2of5 217 recommends removing land currently, developed at lower densities outside of the sewer district's service area to prevent undesirable land conversion or encroachment onto the Mount Baker Scenic Byway. Any subsequently proposed expansion of the UGA boundary would be subject to review and approval by the County Council. Under the proposed plan the UGA (1 % of the land base) would accommodate approximately 76% of the total projected population of the entire Foothills Subarea including its own historical share as projected by the FSPAC. This approach appears aligned with the planning goals of the GMA for reducing low density development patterns in urban areas, the preservation of rural character and the prevention of sprawl in the rural areas, and the efficient provision of urban services where services already exist. This approach is also substantially consistent with the tenants of New Urbanism and Smart Growth. IV. With due respect and careful consideration to the recommendation presented by our colleges, it appears counter -intuitive and dismissive of the facts to recommend that an UGA, clearly characterized by existing urban services and infrastructure with an extremely dense and underserved population of nearly 4,000, should become a candidate for consideration in the rural element of the County's Comprehensive Plan. This appears to conflict with any reasonable expectation for planning predictability and assurances as noted by the WWGMHB in the citation below": "Once the CP and implementing DRs are adopted, they direct where growth will be allowed, giving a level of predictability and consistency to property owners, rather than their being left to the whim of changing elected officials and staff." The population currently residing in the Columbia Valley UGA represents approximately 3.7% of the total population base of Whatcom County, and exceeds the current population of three of the small cities.12 Local service providers will require future capital infrastructure investment in order to expand service capacity. Without opportunities to leverage investment from the private sector and the potential for future additional revenue to finance ongoing operations, maintenance and annually increasing costs, the provision of sewerage treatment (and other services) will likely become cost prohibitive to the existing customer base and create significant potential liability for County tax payers and the public health and safety. In their letter dated January 28, 2009, Water District 13 attests to this fact by stating that: There are no funds avallable at present for upgrading or expansion to the District facilities. The financial burden of serving the UGA will be funded by: the present 379 connections of the District, being awarded Grants or low interest loans, and the connection fees and revenue from future customers of the District. 11 Abenroth v. Skagit County 97-2-0060 (Final Decision and Order, 1-23-98) 12 & Assoc. January 13, 2009 - Phase 1 Allocations of 2031 Growth to Planning Areas- Exhibit 4 3 of 5 218 Water District #13 currently has approximately 197 sewer connections13 or 34% of their overall capacity available to serve future growth, notwithstanding the commonly accepted myth that services are not available. According to the Final SEIS under the LAMIRD scenario, approximately 385 water connections and sewer connections would still be needed for residential growth.14 This will require an upgrade of the current facilities without potential for investment from the private sector to help subsidize these costs if growth is to be accommodated within a sewer district under the LAMIRD scenario. This Sewer District has already spent several years and presumably invested a substantial amount of capital in planning for facility upgrades and updating their planning documents. At the joint -public hearing held on February 17, 2009, a representative from Fire District 14 testified that they will require additional paid staff to accommodate projected growth under the LAMIRD Alternative with its anticipated 385 additional dwellings. Having identified this potential solution, the fire district has also indicated that they are currently planning to accommodate growth and presumably have also invested capital to conduct their planning process. In the context of NFPA 1720, urban is defined as greater than 1,000 people per square mile. There are currently more than 1,000 people per square mile in the existing Columbia Valley UGA. With projected population growth, all three alternatives anticipate more than 1,000 people per square mile in the Columbia Valley UGA by the end of the planning period.15 Regarding traffic, under the LAMMIRD alternative the Final SEIS identifies 9 intersections that will fall below LOS during the planning period. With the retention of an UGA 1-2 additional intersections have also been identified.16 By maintaining an UGA, the private sector would be provided opportunities to contribute to any or all identified intersections, through impact fees commensurate to the size and scope of the project. These opportunities would be greatly reduced if not altogether lost under the LAMIRD alternative. Without opportunities to leverage investment from the private sector, these costs will be shouldered exclusively by federal, state and/or county taxes and any current customer base or not at all, and will likely experience shortfalls resulting in a continued lack of sufficient capital to provide basic services commensurate to the needs of the existing population. A LAMIRD designation will only serve to amplify and perpetuate these constraints and could result in significant unmitigated environmental impacts. A LAMIRD is not an appropriate fit to address the needs of the Columbia Valley Urban Growth Area. 13 Final SEIS pg.83 14 Ibid. pg. 10 15 Ibid. pg. 71 .16 Ibid. pg 51 4of5 219 V. Retention of the Columbia Valley UGA is an essential component to ensure that opportunities for investment from the private sector and a more economically diverse tax base are available to assist in the efficient provision of services, currently in the planning stages and already needed to support the existing and anticipated population. Without this component we do not see any other solution to these existing conditions. The following citation from the GMA is noted for consideration: Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner.17 The tax payers living in this unincorporated UGA have a right to clear and predictable land use policies and assurances that will continue to support the historic designations, economic opportunities, urban services and infrastructure required to meet the community's needs. With informed planning, appropriate zoning and capital infrastructure investment an UGA in the Columbia Valley provides the most efficient and socially responsible solution to address existing conditions and to ensure adequate mitigation for any potential environmental impacts. Services can be provided more efficiently and cost effectively within an UGA, reducing pressure on the rural land base and local service providers, who are statutorily required to plan for the adequate provision of services within their service areas. These considerations are especially noteworthy in the Columbia Valley UGA which is surrounded by cherished rural lands that are already experiencing pressure from small acreage growth at a significant rate. While it is clear that some members of the community would like to turn back the clock and erase 20+ years of urban planning and development in the Columbia Valley, it is also apparent that a majority of residents commenting on the SEIS for the Foothills Subarea Plan would desperately like to see this area legitimately recognized and revitalized, providing basic services and amenities required to support its population as envisioned by the GMA and the Whatcom County Comprehensive Plan. The PDS Staff report18 states that: Retaining an urban growth area in the Columbia Valley is reasonable in light of the GMA, County -wide Planning Policies, Whatcom County Comprehensive Plan and the Foothills Subarea Plan Advisory Committee majority recommendations. We concur with this position and respectfully urge the Whatcom County Council to reject the Planning Commissions recommendation to re -designate the Columbia Valley UGA as a LAMIRD. " RCW 36.70A.020 (1) 18 January 7, 2009 PDS Staff Report Pg. 17 § (22) 5 of 5 220 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 15, 2009 Regular Meeting Call To Order: The meeting was called to order, by Whatcom County Planning Commission Chairperson, Ken Mann, in the County Council Chambers at 6:10 p.m. Roll Call Present: Ken Mann, John Lesow, Jean Melious, Rabel Burdge, John Steensma, Sean Wilson, Geoff Menzies, John Belisle, David Hunter. Staff Present: David Stalheim, Matt Aamot, Becky Boxx. Annual Business Meeting Election of Chair: Lesow nominated Jean Melious. Menz Election of Vice -Chair: Menzies nominated John carried. Business Rules Mann moved to accept the business rules with for Public Comment provides an opp, nity for any`rn " Planning Commission for three minG"�,y topic, e' w Items that are scheduled on the age nf lic hea Items that have had a public hearing ,.are e er .y Commission.�,k The time limit of three (#s may bx.ed t Chair. ��<�� Lesow seconded. Lesow made a friend rules. MarW*btec 1111T4117 Director's D Stalheim: Going ON making a decision o The motion carried. he motion i6nt to read: The Open Session er of the public to speak to the A: at same day. r "" tion by the Planning ) minutes at discretion of 1 rperson to Chair where it appears in the that when a person is speaking they are notified when , pted the amendment. `upcoming schedule, on January 29th you will be deliberating and Foothills subarea. In February we would like to propose different meeting dates. We had proposed having a joint meeting with the County Council on February 12th, to discuss the range of alternatives that we are going to study as part of the UGA review process. We just found out the City of Bellingham is having a hearing on the same subject that night, so we would like to move the hearing to February 17th. On February 19th we will have a work 221 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 15, 2009 Regular Meeting 2 session on the issue to prepare your recommendations to send to the Council. We would like to start the meeting on February 17th at 6:00 p.m. for an executive session, with legal council, and then start the hearing at 7:00. On March 12th we are proposing to look at the Bellingham Urban Fringe Subarea Plan. There are some consistency issues. We are also trying to work with Fire District 21 to deal with some fire protection level of service issues and their capital facilities plan. On March 26th we will review some code scrub items. In April we are proposing to focus in on the rural element aLAMIRD issue. We are hoping to go out and do our next round of public involverr `itrt�early part of March. We will go out with proposed criteria and review of the 1 I WRD'' r . daries and review of the data we have.R,' Lesow: Will there be an attempt to go out to Pt,<erts? <N Stalheim: We haven't decided yet. In May the draft EIS on the UGA 10 year review sib�`..t`` om leted so we should be ready for a public hearing. We will qAt:j lue work on t`s.,.throughout May so you. can make your recommendation to the Counci NMI In June we start having a lighter sche so �7vti . 4� atch ... d work on other issues. Council has a strong com, to try irlll r Ju T deadline. As you know there are some comea iss�We arefigible for quite a few funding sources. I want to give you ' ,update of `fit is goin Council. The school impact fee issues are before them for actin:; their.- ting. `' ade some minor adjustments to the land division ordinance. �< g testimony. The Council will be looking at that at k' � . me - a transpo concurrency ordinance is scheduled for action ne If �, ing. Comprehensive Plan transportation level of service and impes was intr < d a tiSwork session was held. The Council is ready to start mov , orward on tha ey fi ant to get a briefing from Larry Toedtli, from the Trans oup. They pas. to co, �.> rrent review the Birch Bay transportation amend m' , We will intro ce the Lummi Island actions that you forwarded at the next meeting. T ill probabl leave a public hearing on that. They are also scheduled to take action o' . ,;= garag � the next meeting. Lesow: I need socation. I do not recall us coming to any agreement or any vote on the population me odologies. I know that we discussed it. Has there been any question from the Council or Executive Kremen as to where the Planning Commission is as far as this consideration? It was my understanding, before I was on the Planning Commission, that the Planning Commission weighed in on this issue early on. So far I don't think we have. 222 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 15, 2009 Regular Meeting Stalheim: No, you haven't and I will continue to not ask you to weigh in because that is an action and you can't take action, nor can the County Council, until you have public hearings, SEPA, etc. So we can have discussion but we don't ask you to take action. At the hearing on February 17th the range of alternatives we will be reviewing that and eventually ask you to make a recommendation on the range of alternatives to be studied in the EIS. That could include alternative growth forecasts. It will not be staff's recommendation to do that. Lesow: Who made the initial decision to choose 251,500 as a by the GMCC? Stalheim: From the County's perspective you can't ma Council and the Planning Commission go through thew legal entity. They are an advisory body. Lesow: But you are working with the mediu Stalheim: We are working with that number. Tho process which will be the subject of the hearing o Lesow: The way I read this lawsuit it - the population forecast and allocation to have to be made at the next Coun Stalheim: Where are Lesow: There is a Stalheim: We are ndA B , done with the process: the ComQr,0��Plan talk 9on't want t out this in N c pro adopted projection ntil the County Lhe GMCC is not a Ild change thro 17th. this le set forth and a decision on .pry. That means it is going I,�out population projections until we get an interim decision and put that into e an appealable action. 3 to a decision about this in May. We should have been Stalheim. ' ebruary you I start discussing the range you want studied in the EIS and the alterna . There are ferent ways to package the alternatives. Staff will package its alternative --und Ian a strategies, it won't be around employment and population projections. If tit w • ` e Planning Commission wants it based on you guys will have to work on that be ..... e Planning Directors of the cities do not support that. Hunter: I am certainly open to us having more than two meetings a month in order to get through all of this. Stalheim: Your business rules allow you to form committees, which you may want to think about. That may be a way of delegating some of these issues. 223 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 15, 2009 lar Meet Open Session for Public Comment 4 Dave Pros, Whatcom County: I have been going to the Technical Advisory Group (TAG) and Growth Management Coordinating Council (GMCC) meetings. There is so much wrong with this population projection process. I understood that the County Council is the one that created the GMCC to say that they aren't legally an organization, not subject to the open meeting rules, I am a little surprised at. Where are the three alternatives going to come from? Is there going to be a public hearing asking people wit they would like or is public input not relative at this point? When information starts. ff" rng to you there are four parts that need to be determined first. Determine what., antes need to be enacted to make the population projection and populationNti'i" `ti,on congruent with the Comprehensive Plan. The Comprehensive Plan, from 20:11 .1 � 2 Q a that there is supposed to be 6.3% of the population growth in th Kur�al areas. ":ally 28.7% happened. Until the Council has information, hopef I rom the Plana .. Department, ww ti about why this happened and how to change that difFerence doe ake what numbers they pick? This is a place where cons u fa` nts could help the Courr; lot. The number one immediate thing that needs to b one is inkr to comply the GMHB the 2029 population projection needs to be doria,gco: at with the 203 projection just confuses the issue. Visioning itself should take k' of time where suggestions are taken out to the people. The popula •Ni,I nning sh?e from the bottom up. In this case the TAG is telling the GMCC w, , ulation ptiction numbers should be, it comes pretty much gets written in stone an a ,.es os f those numbers. It's very bogus. Each city should come to the C �; t , cII s a w mey can grow. Finally, we don't have a plan for how wp are going`t row.�ti � wha v model. "nty: 'ant to a`� you that I'have never been paid to be Bob Wiesen, WhatcoT�F'of , here and it cost m time -;i mone participate in this activity. One of the most critical things tha ; need to dti` to be re ,generous in allowing people to make public comment. W e on ate the , e to allow public comment at the beginning of the sessi . -e M es that the County Council does. You can speak on ;; as lowasn't It Ying that night. Jack e, Whatco• unt :.• ould like to thank those of you that voted for the resO n to open up t ~=•ublic• . ent period to more rational comment and coming more a with what th 4 her C 'ty organizations do. Commissidw,ft, Co Several membe tl�A'F,Prnmission thanked Commissioner Mann for his work as chair the past two years.`` Approval of Minutes December 3, 2008: Lesow made a change to page 1, line 41, to read: T .. e ld FatheF net saw It's none of your business. Lesow moved to approve with this change. Mann seconded. The motion carried. 224 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 15, 2009 lar Meeting 5 1 December 11, 2008: Burdge made a change to page 3, line 17, to read: City of 2 Bellingham because a speaker alleged enrollment was becoming very high... Menzies 3 moved to approve with this change. Belisle seconded. The motion carried. 4 5 6 Public Hearing 7 8 File #CMP2007-00007 - Proposed adoption of a new Foothills area Plan. 9 �1 ,w;, w0 w 10 Matt Aamot presented the staff report. ;4'E"'i 12 The Foothills Subarea Advisory Plan Committee work ed.06`d2007 to develop a 13 draft plan. We are asking for a Planning Commissioon two specific 14 issues. The first one is should there be an urban g area in the otvnbia Valley? 15 Second is what should the population projectior�fio�t a Columbia Vallejt 7 The reason r 16 we are asking for your recommendation onto wo issues is because 1. O�year 17 review, of Urban Growth Areas (UGAs) througo}i�t the Cou §, is currently rway and MR�.: 18 by order of the Growth Management Hearings Q`',, (Ghit must be competed by 19 June 30, 2009. Planning and Development Services R 4�� mmending retaining the 20 existing UGA and adopting a total Cod bia Valley U.opulation allocation of 5,000 for 21 the next 20 year planning period. T, :d imply th 'fie UGA would have to be 22 reduced in size. The rationale for kee',; . s, A is than °`e are goals and policies in 23 the Comprehensive Plan which suppo<e Umajoi f the Foothills Subarea 24 Plan Advisory Committee rgpommended z intat 1%s- �GA.W 25� 26 There has been Urba . A identr- `oning i area since 1988, when the last Foothills 27 Subarea Plan was ed. The a,.s mbia V".1 area was designated as a UGA in 1999. 28 The existing UGA" out 1 per of the la rea of the Foothills. There are large areas 29 of Rural and Forests d use. ns th' ill be maintained. The subarea plan 30 contains policies to pr = achment of the UGA. 31 ON `\32 Regar i ti n a t ion, the existing Comprehensive Plan projects 5,000 33 peo �h the Colum ,alle x the end of the current planning period, which is 2022. If 34 groi"` ere to follow--y,rical ds from the last 10 to 20 years the Columbia Valley 35 popula would exceed proje n prior to the end of that planning period. However, 36 there are.. umstances, cially the need for additional capital facility planning, that 37 warrant ca' considerati prior to allocating additional population to the Columbia 38 Valley UGA. 39 40 Fire District 14 ha �,I ed significant concern about their ability to serve the growth 41 projected in the Foot rls Subarea Plan. Currently the fire district does not have a capital 42 facility plan, although they are in the process of developing one. Water District 13 is also 43 in the process of developing a sewer plan. Their existing plan is from the 1970's. Other 44 capital facility planning is also needed. WSDOT has stated they have significant 45 constraints on State funding for transportation projects. Given these factors Planning and 46 Development Services believes that additional population should not be allocated to the 47 Columbia Valley UGA at this time. If the existing population allocation of 5,000 were 225 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 15, 2009 ular Meeting applied to the new 20 year planning period it would constitute an increase of approximately 1,147 people from the 2006 population estimate. This is lower than the Foothills Subarea Plan Advisory Committee recommend, which was a total population of 7,053. It is also below historical growth in the area, since 1990. The County does have discretion in making policy choices when allocating growth and formulating associated land use plans. Hunter: It sounds like you are making a presumption that by maintaining the population projection at 5,000 will help to control the population. Is that faiC,�oysay? Aamot: In GMA there is a close connection between the Ian�e designations and the population projection. We have to size the UGA appropria, the UGA there would be a finite land supply sized to accommodate that popu_ka$ Melious: Are we assuming that if the UGA is retai different, that the land use designations would zj�j, Aamot: There would have to be changes to we would have to give it rural zoning. Melious: Would the land uses chan Aamot: We still have to do further a Burdge: Is your 20 year pl Aamot: That is what the appropriate 20.E Belisle: When I look we allocate more pe the good.14,10 Aa m bef been a we do th think that's al plan adoNthe.,, issue with I&LIGA reviews. !ven though retained? removed lation is e UGA , generally, that's true. 0 has been discussion of what a is overpopulated and underserved. If be any way to add money to make all Is that missing from this conversation? consideration. One thing that will have to be done rent of more detailed capital facility plans. Cost has and I think it will be a big issue county wide when Menzies: HavMnj uestRe f whether or not to have a UGA and the population allocation beaht TAG or GMCC? Aamot: No. We want -four input to feed into theirs. Lesow: In terms of the three alternatives, wouldn't alternative three represent the lowest cost to the County? Aamot: I think that is true. There would be less transportation improvements, less school improvements, etc. 226 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 15, 2009 lar Meeti 7 1 The hearing was opened to the public. 2 3 Phil Cloward, Whatcom County, speaking for the members of the Foothills Advisory 4 Committee: I don't know if we are making progress when it comes to stating our opinions 5 or listening when we state them. With that in mind I want to remind you that we are 6 dealing with an area of 208 square miles. It has a very diverse population that was 7 estimated at 6,722 people in 2006. I would also like to point out that a lot of times I hear 8 the statement that people wish the area was like it used to be. Ir05 the population of 9 Maple Falls was 9,320 people. There were 13 businesses at the�tle. Sometimes we don't 10 want to wish for the past because I don't think it would pay,, well. w . 11 ti�, w,. 12 I first came here in 1950 so I feel qualified to talk abou ki1a area: . the 1950's the area 13 was different than it is today. It used to be a prime fi in°g and hu Y��,, g area. After 5:00 14 p.m., when the logging trucks quit running, there o more traff —hen we talk 15 about land use we want to preserve the natural,,,.p'- n the opespace d the rural 16 character. The slow rural pace is prized t thg g term residents and al s ,e 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 newcomers. One of the things that I feel has real concentration of the urban growth in to enhance the small towns of Demil and distinct areas. Increased employment op One of the things tl of our errors. We( diversity. It's also` on the area of 118, One stro is fore shout= LEI percent County. Ranch ac value, and cd Ise Columbia `aII, M P"In the plan, is the UGA. It also gives us the ability and Glacier as vital, vibrant -sills is bi6mass. It allows us to hide a lot e the high level of cultural and social heritage and historical uses incumbent that th-Mland to accommodate the population that dal growth in Deming, Maple Falls and Glacier. Housing rs there has been a conversion of seasonal use housing Dhas been occurring farther up the canyon. 29 onal, compared to 8 percent in the rest of Whatcom dise, The Glen At Maple Falls, and Black Mountain 2.500 recreational units. As far as capitall its "fie have some things going on, such as the East County Resource Center., parks, although we need neighborhood parks. We need access to open spaces and c,. venience and safety of trails and bicycle routes. Administrative offices need to be located in the Foothills. There is an insufficient law enforcement presence. It has to be recognized that with the resident deputy program we've had in the last few years that the results have been outstanding, but when you have one deputy for a population of 6,277 people it is stretching it a little tight. That is discussed a lot in this plan. 227 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 15, 2009 Regular Meeting 0 1 We have water districts and water associations and a number of other public water 2 systems plus individual wells that serve the residents. We have one sewer district in the 3 Foothills, which happens to be in the Columbia Valley UGA and it happens to be in the 4 Peaceful Valley subdivision. That district is currently developing a Comprehensive Plan and 5 a facilities report. Puget Sound Energy provides the power. There is a severe lack of cell 6 phone coverage in most of the subarea. There is a need to consider this in the utilities 7 planning. 8 Regarding transportation, we have State Route 9, Highway 547 a "t Highway 542. These 9 are the primary arteries. We also have South Pass Road, Mos u;ItQLake Road and Silver 10 Lake Road, which are major County routes. There are a sub. 461 network of private 11 roads that traverse the resource lands. It's nice to say th�� ,,aw have public �� � 12 transportation. I know for years the WTA resisted a rou ., A. th - K or years, now it's 13 probably one of the most successful routes they havtlir ted in r, It years. There are 14 areas we can make progress regardless of what we"�fie Nike. The nee" 4r bicycle and 15 pedestrian type transportation is needed. v 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 We also have level of service (LOS) planning, needs to ;done. There rg.' tj igation that is available and appropriate to developmen%Ni,k The economy in the area has traditi ^;ail government now supplementing a I employment will grow between 1.25 Jel years. Resource lands comprise 82 p conserve the natural resource lands in t minerals, forage and ti':, prom agricultural and forestono , The Columbia Vall' 'GA shouli conjunction with the rec historical trends that h b. minority ��x cornmi `ER n o rds't i cons After 44 ings the", - were covered onse been foregttxnd mining, with tourism and The stati ` ...,used in the plan state that the ��, 2 35 pe annually over the next 20 t of d"withl, subarea. We need to booth' co hued production of food, xpan`afi stability of the County's , maintains ` s recommended in the final draft and in eallocated population represented by I . Consider only those points in the nsistent a established business rules of the ;ems that were covered by a majority vote, not by 9 two years 94 percent of the decisions that went into ti . I hope it wasn't a waste of time and effort. Mann: Or, ing that cam t was the need and desire for services, specifically cell phone cove and a full ,vice grocery store. I don't understand how the plan delivers that because` overnr doesn't provide those services. How will you get those types of privately run`',ce pen up and thrive in the Foothills? 41 Cloward: Originally,' M covered in the plan, there is a commercial center recommended. 42 There was a lot of thought and effort that went into it. Having this center reduces 43 transportation and the need to travel. 44 45 Mann: If you have a site for a commercial center do you think a store would show up and 46 be able to make a go of it? 47 228 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 15, 2009 Regular Meeti 0 1 Cloward: Right off of the bat, no. It won't happen overnight. We also have to consider the 2 fact that we have a lot of viable businesses. Most of those people are very frightened that 3 we might get a larger grocery store. That has to be considered in the process. 4 5 We are working hard on the cell phone tower issue. We have been working with each of 6 the companies trying to get them to build towers. 7 8 Burdge: Do you and your group favor the development of Balfou ilage? 9 Cloward: That was supported in the plan and we support those;ommendations in the 10 plan. I think it would be inappropriate to cap the population,tse we do have the area 11 and it's already zoned UR4. The beauty of the plan is tha ,-�`,., ines and concentrates 12 the population rather than spread it out. 13 14 Lesow: You mentioned affordable housing. What c a� tia`i j���ble housing for 15 the Foothills area? �� define as aff 16�i. 17 Cloward: One of the reasons we moved to the ea was be.'�'.�.�� a it was mu :`ore 18 reasonable to purchase in the area, but its mu cu reh$';,'sive to live in th`o*area 19 because everything you need you travel for. The me price is $250,000 to 20 300 000 in Bellingham. In the Foot; is .it's about ' $ g $ .--•�� 00 or maybe a bit lower. I don't 21 have a figure on what's affordable. �a thing is i to be a range of housing. NO 22 23 Lesow: Do you see multi -family in the24 a? �"�.w��tiw`,• ���R 25 Cloward: I see smaller I f ,e etter uti t s`� f the `s i but I think you are talking 26 about a lot of single f- M. hou For th' imercial areas we discussed, a lot, having 27 commercial faciliti sow with sing abo - 28 k 29 Jan Eskola, Whatco ti'• unty, for th embers of the minority report: I am one 30 of three people who w t '� discusses the following: population 31 projecti` , decis volving they mbia Valley UGA, cluster zoning in the 32 rural a enc` uirements for development. 33 34 On 9, 2006 Prof e Johrt'. aughlin, of Western Washington University, delivered 35 a pres ion on popula proje ins to the Foothills Advisory Committee. He 36 discusse analysis as i plies to the Foothills Subarea. His input was requested as an 37 alternatives ; pulation p ctions which had been presented by EcoNorthwest to the 38 Foothills Advi ommi . Professor McLaughlin says that his formula is logarithmic 39 and bottom up a- orthwest's formula is exponential and top down. The 40 McLaughlin formu y s feedback, which according to Professor McLaughlin is not 41 addressed by EcoNo est. To assess the accuracy of his formula Professor McLaughlin 42 tested it against historical population growth data and compared the success of his 43 formula to the correlation of the EcoNorthwest formula against historical population 44 growth. Professor McLaughlin stated that when the two formulas were tested against 45 historical growth patterns his formula was far more accurate than EcoNorthwest's formula. 46 His projections indicate that the population growth, over the 20 year term of the subarea 47 plan, will be significantly lower than the growth projected by Ecolorthwest. The 229 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 15, 2009 Regular Meeting 10 population projections approved by the majority members even exceeded EcoNorthwest's recommended numbers and therefore should be recalculated. The Planning Department has since revised the population projection for the UGA to 5,000 from 7,053 recommended by the majority. Based on figures by the Washington State Office of Financial Management, on September 13, 2007, the rate of growth, in the UGA from 2000 to 2007, was 5.84 percent. The 5,000 population projection, by the Planning Department, suggests a 30 percent increase in population for the planning period. Also if the projections, for the UGA, are being revisited then the population fir-p'ections for all the small towns and remaining subarea should be revisited also. T<:e C Mriority members urge that the population analysis, by the majority committee metats be revoked. We also �; � urge that the EcoNorthwest projections, at a minimum, b,ld. We also suggest review of Professor McLaughlin's critique of the EcoNortf�t p`r`c-ctions methodology would be appropriate before final growth rates are ctise for the Foothills. Planning for more growth, without an in depth analysis of carr 11 capacity, doesserve to maintain rural character. Although the advisor committer. kanced population tions against 9 Y p p :�� 9 available land and did look at current water apt ewer connection potenti, ere was no analysis by the committee of the following cart 4�g capacit, pues, which v.requested b the minority members on numerous occasion Y Y �`��k bk� The impact on drawdown of the Col ul :.1a would result from a dramatic increa results on groundwater, creeks, river _ ri The highly permeable soils of the Column: would be either adequatsmpt, , �recharg� fish hatchery and theti�Q<sac� er. Or by more housing aaaads to avoti, pollut Any increase in LOSS < ` is an by increases in popula Any in�� in r s med'r ssistance. ' Input' ' feedback from'� W regional'' ,tip water man : � m Valley aqu Nr any cone of depression which drawdown'Q:. e aquifer with consequential j vk lls, salmand fish habitat. Vail t0&� 'J�qyypir inrhether or not there .o ide s nt water for all residents, the 4 ` t filtration to filter out impurities created it a our water. ontsubarea roads that will likely be caused , fire service, parks, sheriff assistance or emergency t. rce Inventory Area (WRIA) 1 with regard to Safety route s'1 emerge '- evacuation from the UGA due to forest fire, volcanic activity, land slides, etc.;., , h. ntly has only two exit and entry routes into and out of the UGA as well as sa es for the emergency evacuation from the rest of the Foothills. Adding a town center overlay is premature as the UGA has not yet developed as a municipality. First the community needs to establish a municipal identity and then the location of a town center will be driven by the location of a municipal center. Changing the Whatcom County Comprehensive Plan designation of the of the 40 acre Holly and Associates/S.C. Goshen site from Rural to UGA and changing the zoning 230 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 15, 2009 Regular Meeting 1 designation of those 40 acres from Rural Forestry to UR4 were not justified by the land 2 use needs analysis conducted by the Foothills Advisory Committee. There is sufficient 3 acreage in the original UGA even as reduced by moving its southern boundary north of 4 Kendall to meet the population projections without the need to change either the 5 Whatcom County Comprehensive Plan designation or the zoning of these 40 acres. 6 11 7 Based on Studio Cascade's expert analysis of land use requirements, the minority 8 members do not think that potential additional Light Impact Indu,r,,ial acres are needed at 9 all whether within the UGA or outside the UGA. Studio Casca ef`�'s forecast industrial 10 land demand in the subarea equal to 8 to 2 in 2027 to be i ' q >�.,�s. The current 40 11 planned acres are sufficient and certainly there is no justi r?Nm or anadditional 40 12 acresfor a total of 80 acres which is possible under theeed subarea plan. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 The recommended subarea plan instead provided ffninimum of fires of land zoned for planned Light Impact Industrial development s an additional 40"1 , ntial acres for `• Light Impact Industrial development alreaaa1n the UGA, for an aggre4total of 80 dy acres within the UGA. It also provides for an' al 80 p�1eential acres fo ,fight Impact Industrial development entirely outside the UGA<k�<�..,'` The GMA, RCW 36.70A.130 and .21�5,rovides for would be the more appropriate met; term the size of the UGA. It is inappropriaf�p �� and adjustments in the UGA could be �- e ea look -back process which wi,�Jook at ma "` fa The look -back process �� he suba will implement meas to ma•ure the .se s needs. ."IA ;� �� The recommended �a age UGA for the entire easyumW�df 6a uind stra with' 'UGA, and bly req 21, acreage can't un Cluster opment in th' 'u not only pr es natural rural lifestyle' al bas C areas. ti^ ,tip fiVE a' 'd seven year look -backs, which ine�4 der or not it is proper to change lcally ov . ze for future growth now, n- the ear planning period by the �l efo hand supply is used up. nto c . " ;Fence with actual growth and ubarea plan and UGA meet current undw for expansion of the boundaries of the �' ers are concerned that it would be an anent st f the approved potential light impact bly expanding the light impact industrial acreage, even C ing the boundaries of the UGA if the additional in the UGA. ral zone does not support rural character. Rural character dscapes of the rural area, but must also foster traditional onomies and opportunities to live and work in the rural 41 Questionnaires were'IRculated by the Foothills Advisory Committee. The committee spent 42 a great deal of time, effort and thought on this and felt that the questions were very 43 important. We spent many meetings drafting and redrafting the questionnaire in order to 44 create questions which reflected the specific local issues unique to the Foothills. 45 Approximately 5,500 questionnaires were distributed with 376 responses. Those 46 responses represent an approximate return rate of 6.8 percent, which is a respectable 47 return rate for public surveys. Question 3f stated "I support retaining the rural character 231 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 15, 2009 lar Meetin 12 1 of the Foothills area." 68.3 percent strongly agreed with this statement. 24.5 percent 2 agreed with this statement. Question 2b stated "Protecting the high quality of water in the 3 Foothills is important to me." 68.3 percent strongly agreed with the statement, while 28 4 percent agreed with the statement. Question 3b stated "I think we should continue the 5 type of single family and rural residential patterns we now have in the Foothills." 39.2 6 percent strongly agreed and 37.1 percent agreed. 7 8 Recently there has been a questionnaire circulated by Whatcom 4h01 throughout the 9 County. There were 387 respondents, 46.5 percent from uninca,�p rated areas of the 10 County. The questionnaire indicated that 38.2 percent of th - �ondents agreed that . 11 overall population growth was too much. It also stated th,-,percent of the 12 respondents agreed that population growth in rural area„as touch. The best places 13 for population growth from 11 choices were: Belling h Ferndale; nine, Lynden and the 14 Columbia Valley was 9 . The worst places for job gsM1 vth, out of 12, 4tio,l,.-mbia Valley was 15 10 . The worst places for job growth were the rareas and Columbi.11ey. These 16 public comments and opinions are and should, iven considerable wei `h�iformulatin 17 policy and tannin These are the tax payer "Whatcom nt and as si' , - eserve to P Y planning. P Y��!. Y ��� 18 be listened to. 19 20 The minority members had originall. - opposed to thy` thills Subarea Committee and 21 the consultant, Studio Cascade, a pry ti, or the subs plan which would have 22 provided that developers must have I, " lac - t". infrastruc within one year of 23 commencing construction on a develo nt.Q,sosal,cd: "It is the policy of 24 Whatcom County that all st utory and r. "ulato o X, nb equirements must be met ti 25 at the same time as thy,•i( �` Hof any d4r perm, : is services shall be built and 26 available within one corm, �ncemerx onstruction with evidence of ability to 27 complete." The policsoposed i ad by 5w�io Cascade utilized only the first sentence 28 but then omitted 1 ritical cha proposed �a timing provision dramatically shorter 29 than the six years c tly in .-hatco "" ounty. The minority members in fact 30 support the idea of co infrastructure before the home building 31 is started,; wle difficulty politically and practically accomplishing 32 such a ess cy. fore, the minority members proposed a one year time 33 fra completion ,ubli dices infrastructure. We wished to send a message to 34 the ty Council tha sup' d tightening the existing concurrency ordinance to 35 shorte compliance p d fro x years to a shorter time period and to thus make 36 the ordin more effects The minority members wish to avoid future developments 37 where the 1, tructure is er completed by the developer or was flawed. The carrying 38 capacities of sed d • pments must be dealt with now to avoid future problems. If 39 the carrying cot exist and cannot be provided for at the same time the 40 development occu s opments should not be built. 41 42 The Foothills Advisory Committee had the benefit of the population projections and 43 analysis by EcoNorthwest, the land inventory analysis prepared by Whatcom County 44 Planning and Development Services regarding all land uses in the subarea, industrial land 45 use projections prepared by Studio Cascade and commercial land us projections prepared 46 by Studio Cascade. However, the Foothills Advisory Committee did not follow the 47 industrial land use recommendations for the UGA. In addition the committee did not 232 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 15, 2009 Regular Meeting address at all the commercial land use projections for the UGA. Last, regarding the land use inventory, the committee did not address inventory issues in the UGA other than housing. A review of the UGA's sizing and determination of how much land must be set aside for roads, schools, parks, infrastructure and protection of critical areas should have been conducted as part of the subarea plan review process. In addition, a review should have been made as to whether or not the boundaries of the UGA itself l pet the requirement for LAMIRD review and restrictions rather than a UGA. `°� 13 As previously mentioned the GMA provides for look -backs`" i`�ould be the appropriate method to determine whether or not the size of the UGAappr- ate. In addition other provisions of the GMA may require a review as to wl�e ie"r or not tl< 4-,GA should in fact be a LAMIRD. The look -back process will bring the;;,$�'rea plan into�tiY <pliance with ,. actual growth and will implement measures to " sure that the desi' ,;on of that land area meets current needs. The small scale and character which we all cher'. '.nRthe suburbanization of the Foothills. The economic pow created and owned businesses. Tour" come becau foothills. If we permit the over devef 11;;f comme" r •: k T!, 1 _N .,� . permit residential cluster developmerN� in4t�ral zone forever. We need to create a land use Esc the�ti� cts important not onlyto the r s dents of tl1".booth',• Whatcom County. We n • �,'a tect they e, t while providing peop, s a g place toy and work. The current draft ' ' .'rea plan i not provide the pro�te .n whi semblance of the rura cherish. a � the�j� o to ma t a 4 ke we d' choose. �ffere ma'- . the difference e w Subar ti r now and for' re Lesow: Wh' ,,W--'��'c�io you li �%thills will be lostby �Rhere is tourism and locally the beauty of the mountains and ,and industrial land uses and we rural character will be lost th thills. The Foothills are a b' Iso to all residents of k ironment and rural character ood sta the future of the Foothills, but it does thills his in order to survive with any .. e, ty that all residents of Whatcom County me only or baseball fields in the movies. We need lest of two roads to the future and we do not regret what between the road we take and the road not chosen will . o maintaining the special character of the Foothills Eskola: I have IIVbd;Jn M"` er since 1970. Lesow: How long dodVit take you to a get to a food store? Eskola: I come to Bellingham once a week to do my grocery shopping. I choose to live in the rural area, and as such I plan for my needs. Lesow: How does the lack of cellular service in the area affect you? 233 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 15, 2009 Regular Meeting Eskola: I would love to have service in the Glacier area. I am also a fire district commissioner so cell phone service would be a tremendous help to our fire fighters. We have tried satellite phone service and that doesn't even work up in my area. Mann: Right now we are looking at whether the area should be a UGA or not and the population. What exactly are your recommendations? - Eskola: I don't have a specific number for the population. Mann: Do you think 5,000 is too high? Eskola: I do. Mann: Do you favor a UGA or LAMIRD designatio Eskola: A LAMIRD. Mann: You stated that the community needs to` location for the town center. How do you propose UGA. Eskola: When the minority report was impression that we could not even ad been written a LAMIRD is oe of the n they needed some sort:�; ttee Mann: Do you thin and then incorporg Eskola: No, I don't ag point in Meliq a LAB LAMI don't hav&' What is yo 14 nicipal identity -and then a a municipal identity with no bers were under the a UGA. Since the EIS has s: Atizens wanted a UGA jht now but down the road it should be ntity? RD and still become a city at some the Columbia Valley would look like in 20 years, as : it would look like 20 years from now if it is a Eskola: I thr t would tots � protect the rural character of the Foothills Subarea. It wouldn't be it" a di,,; nt community. Menzies: I can and"ii. from environmental standpoint, why alternative 3 is the most favorable but I thinKl�4 goes far beyond that. Has your group looked at how designating that area as a LAMIRD would affect its ability to develop and the economic development that it might achieve through a planned town center and even a light industrial area? Eskola: We have not thought about that. 234 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 15, 2009 Regular Meeting 15 Burdge: You spoke of a survey that was done. Was that part of a larger group or just the Foothills Subarea Committee? Eskola: One questionnaire was done by the Committee the other was done by the GMCC. Burdge: How was it distributed? Aamot: It was sent to property owners and put in the libraries, etcti�in the area. Burdge: You have to be careful about what Professor IMcLauitisays. A lot of his theories were based on something other than humans. .�� Menzies: I wish that a lot of times we did a lot more ljr ring bas n carrying capacity for natural resources and the things that we values ''�t40fessor McLaugl s approach just happens to be very much in line of a biologists s e d# oint but not in lin kith the way we plan here. Cloward, (Rebuttal): I'm glad to see there is owl towers. Under GMA the Office of Financial Managed population forecasts. One thing we ,w"e faced with projections that were put forth to The committee had business rules tha"'meted" those issues that were voteon and sol= by issues that should not m there should have been ret .�nd tied they rules that were laid.- n. : �sm I definitely do not sQ LA � e Colt, studies given with reg on the flee UGA, �a forester assessL � si yes ri ,> ;tirow good trees. �q=ee on, which is cell phone M) is the one that dictates the iewing those population min o'i '""report would address only Mild 661k. Jan stated several )e s that if the minority report group t ' respond as per the business is Valley. There were considerations and 'is 40 acres of Commercial Forestry land e forest representative of this group. In Man egarding the Li Imps , dustrial land, has there been any interest from people Ming to open some W , of business there that might provide jobs? Cloward: a good qu on. There has been some interest but they are things that I don't think ar �, longe, ble entities. There is one active sawmill, but it's not within the subarea. It g . trong. Right now there is a family, in Sedro Woolley, who are pursuing a distilla process from wood fiber. There are some transportation issues they are working on. a should be looking at things like that. Lesow: Do the members of the committee favor the high population projection that is from the OFM? Cloward: What we adopted was between the middle and high range. 235 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 15, 2009 Regular Meeting Eskola (Rebuttal): All of the items that I spoke to were specific votes that were taken by the committee. The minority shows what we did agree on. 16 As far as the population projections that were recommended by the majority the Columbia Valley area was actually between the baseline and the high. It was 69 percent higher than what EcoNorthwest recommended. The population projection in Glacier was 200 percent higher than what EcoNorthwest projected. The remainder of the subarea was 200 percent higher than EcoNorthwest recommended. The minority members 4 e1 that EcoNorthwest's numbers are way too high to begin with. ,_Ah; Bill Velacich, Whatcom County: I believe you cant make tip. ; ass of a mess by making it more of a mess. The County has allowed a small campS'clupturn into the mess it is today. Now they want us to trust them to know ho.. to fix it. Th=saunty hopes to sanctify past flawed decisions by a great grey stro led a UGA. Irey because the draft plan I read had hopes and dreams but not, a in the way of a I ' The plan says there will be future industries and jobs for th &y with no plan for wha4 or even what area the jobs would be located in. When"k t doesw 'n ',•a.ppen then w ?.Oops, ax. .�,�. sorry. The plan said water and wild life wo=id of be affect8MMth no real plan to insure its safety. If it is damaged then what? yY�`ry.; I have attended many of the meetings\d to'IIk; the �7)11, ning changes and have heard the people's desires. "[bey need tong foIIQ�� SSh S I have concerns about 'dffic iffi ses so INM" y uses�the study showing the least impact to the citize b`'4 I have concerns abpulat' 4 es deb' tir ying the life style that living out there affords me. People wh �` a, }many to choose from. The county is a dwindlin If yo �-, fe to allow, rea to be destroyed please set aside an area tti h �patu': o we could move there to live in peace. w Is tunty taking a6" ,tage 41 the available information concerning ground water and w ? It does not so a , this needs to be done before any decision can be made in ' faith. ti I have seen ph"es of2,.d Manned town square with planters and paths. It looks like Bellevue. Get ups` w u ountain, it is full of plants and trails. We do not need to spend tax dollars "% cute a ones. You on the Commission are charged with making a decision. You can show that we indeed have a government of, by and for the people or you can prove we have a government of, by and for the almighty dollar. I support alternative 3, country life and the Foothills Friends. 236 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 15, 2009 Regular Meeting 17 1 Lesow: In a previous letter, you made a comment that you like frogs and your neighbors 2 don't. Do you still have frogs in your area? 3 4 Velacich: Yes. I was trying to make a point about the country way of life and the non- 5 country way of life. My neighbor, who I was referring to in the letter, has cut a lot of trees 6 down and plowed a lot of ground. 7 8 Peggy Taphouse, Whatcom County: We have owned our place fop\Q,0 years and we are 9 finding that with the drawdown on the aquifer that in the sumnrour wells our starting to 10 diminish and aren't recharging like they used to. Our kids a( AIN'Tgrown up so we aren't 11 putting the same demand on our well, yet we are finding . k isr,�shed capacity. We see Lti rta� 12 development of new homes all along Silver Lake and I 1ikey will have an impact 13 on the other side of the hill. I don't know where we a,;r Nong to g'.iore water. You have 14 only addressed sewers in the plan. We have frien q`the other sid" they say their ���w 15 water bills have increased dramatically. These p,l:e are juggling whet. they are going 16 to pay for water or food. How fair is that for p -e that have lived up the, r a very w 17 long time? They can't afford a bunch of impral, ents.sw 18 .wti�w;= 19 Martha Sirguy, Whatcom County: I am a member`��k 'ard of Directors for Foothills 20 Friends. On behalf of Foothills Frienc I have several& ments. We support the minority prequestssion impl`ei,t the recommendations of the 21 re ort and that the Plannin �� gyp;. 22 report, including review of the popula� �n r methodQgy and a recalculation of the 23 population projections.a 24 25 We request that you vo re safe ti ;I'ON he srba roads taking into 26 consideration toda, l " led ca M sty of Co and State roads. 27 28 We request that y ote for th est gro, rojections possible. Neither the County 29 nor the State have nds t. nt they , ligation which is recommended for any 30 growth. At such time a round and the County and the State 31 have they he si .,: nt improve required the growth projections can be 32 revisit • su Ian be reviewed in the future under the GMA at which time the 33 miti 6 suggestio n bed sited. It does not make sense to adopt a plan, the 34 miti n for which ha w 4•. , pos of being implemented today or in the near future. 35 We re' that you add the r quality and quantity concerns raised by Foothills 36 Friends. ' sk that you to require a quantative groundwater modeling to be done 37 by the Cou' , 38 39 Vote to investig` V. a ct of growth on the aquifer. Vote to require that the landfill 40 investigation be cos d before the subarea plan is adopted. Vote to revise the low 41 impact development` ,.icy as discussed by Foothills Friends. 42 43 The SEIS recommends a policy to have future developers conduct a quantative 44 groundwater modeling if their developments are found to utilize more than 5,000 gallons 45 per day. Waiting for the future results is not good for proper planning decisions and 46 applying that requirement only to individual developments is short sighted. This modeling 47 should be done now. 237 RECORD OF PROCEEDINGS OF THE 18 WHATCOM COUNTY PLANNING COMMISSION January 15, 2009 Regular Meeting 1 We also ask that the Planning Commission vote to revise the proposed transportation 2 policy for weekend traffic counts so that it is a meaningful policy. As written it would not 3 achieve its goal. 4 5 Foothills Friends supports alternative 3 as the only fiscally prudent land use option. It is 6 also the option that best protects rural character as well as protecting the safety of 7 drivers, visitors, residents and tourists on the roads. We ask that you vote to protect the 8 rural character of the Foothills as mandated under the GMA and Arevise the plan to meet 9 that goal. 10 11 Jack Hovenier, Whatcom County: I own the 40 acres that,ps� and referred to as the 12 rural forestry that can't grow trees. I also own 80 acres; RR is et : ntly in the UGA as a 13 long term planning area. Over two years ago I made;an applicatio 4-change the area to 14 UR4 and short term planning which is still stuck ins: If these artifi� y low population • the UGA. 15 projections are adopted the land could easily beg -FIN, nently remove kY .. 16 Years of hard work and significant investment, �1116e in goodfaithand un' current 17 County policy of using historical, factual pop�rlbn number ill be lost. Tht;ight be 18 fair if the population weren't actually increasing ti; IS '01mented as the fastest 19 growing area in Whatcom County. I would encoura`�_;�ot to adopt a population 20 projection that isn't good science an arms residen.�d land owners. Please consider 21 the facts. The Columbia Valley was t}x� st growing a, in terms of average annual �``"0's. 22 growth rates, in Whatcom County dui IF They th in the Columbia Valley 23 UGA, between 2002 and 2006, exceed- *-he�2 pre Plan population 24 projection by over 250 per t. The PID com • `' ti.to freeze the 5,000 total 25 resident population for " � �,� the 20 y q iinng 1 ' ending in 2022, and use that 26 same 5,000 for the n yeanning ending in031, effectively reduces the 27 Whatcom County ehensive n popu n by 39 percent. The facts support 28 increasing the poi ion not rek g it. Thd S staff report recommendation of 29 projecting only 46 p , ave wally, ing into the UGA, from 2006 to 2031, is 30 85 percent lower than` _ 5 A between 2002 to 2006 and is lower 31 than ever, annu ;�. ease note a EcoNorthwest report. The County itself 32 ackno s, a ote,;rowth were to follow historical trends for the last 10 or 20 33 year Columbia UG : ulation would exceed the adopted population in the 34 proi fin." Why do we . t to", .� pt population numbers that we know are wrong? The 35 staff re . states that ted fo pital facilities planning is a significant factor used to 36 justify th umbers. Thi ironic, at best, since Whatcom County, itself, has failed to 37 do the cape = icilities pla s g that needed to be done. 38 39 I support mainta atus of the UGA for all of the reasons listed in the staff report. 40 I support the advisb: mittee population numbers. 41 42 Burdge: Have you actually proposed a development on your 40 acres? 43 44 Hovenier: We asked for a rezone with a long term plan of potentially developing it, but 45 there is nothing proposed now. 46 47 Mann: Why do you think the Columbia Valley is growing so much? 238 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 15, 2009 Regular Meeting 19 Hovenier: I think because it's a great place to live, lots are affordable, and lots of people like to live in the country but still be surrounded by other people. I think the main reason is because lots and houses are affordable. That is short term however, because we spend a lot of money driving to town for services. Ellen Baker, Whatcom County: I have lived in Glacier for 35 years and I am a water commissioner in the district. Ever since the draft subarea plan was released I have contacte si Planning Department on many occasions. I repeatedly wrote about a long list of , N-,0"that are in the plan. None of the errors are minor. The numbers in section 7 ad i ' oNorthwest report that w�4 . it is based on contain significant errors. They are used i ry lion of the draft plan. They were used to compute land use and capital faci,l.es"in the tra�,rs ortation section. From the first moment I laid eyes on the numbers, nized that t SKas not an economic analysis of our community. I couldn't out where the n`:,. rs had come from. When I contacted PDS they explained tMal-- that it was true that E' `,rthwest had used the wrong census blocks. I am very con ed that aM00 ations based o _ correct information are going to occur, not only for the for wbothills Subarea as a whole. When I tried to find out what the source of the in � -fl'A 'was Whatcom County refused to give me the source information. I,' told that th .,a was obtained from EcoNorthwest and its not in Whatco `�. �,Y s posses, ,.and that they didn't provide the background information, only rest ` .:"`n``;'' d to any` ` . er data I was told that it was technically exempt and confidenti . "1�Vhat a are -� t of numbers in this plan that cant be verified. Thery is informal � nth � th ' says that 66 percent of employment in the sub . ern t, ..4. 1 the s ; ti �227 industrial jobs and 437 retail and services jo�� yoik ,e arour Foothills you can't locate any of that. The numbers are wrong 00 Burdge: The goverri'r Baker: I1, -hi govern . Io`b w Mari would like to by the Nooksack Casino. stated that there are 500 -s. Aamot: �,�was Employ t Security Department data which we had to sign a confide ntia reement i rder for EcoNorthwest to receive the data. Mann: There's n f, v av a can see that data other than EcoNorthwest? Aamot: They release"t to us with the confidentiality agreement. Baker: I contacted the Department of Revenue who was more than happy to give me gross income for all of the North American Industry Classification System codes. Mann: Has anybody been able to check the data? How do we know if she is right? 239 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 15, 2009 Regular Meeting Aamot: It's not in the County's possession, but I can call EcoNorthwest. Mann: Do you feel the errors she is claiming have merit? Aamot: I can call the people who did the economic analysis, but they aren't under contract any more. Mann: Do you have an opinion? Aamot: I would want to talk to them. Mann: I would like some more clarity of this issue, if Stalheim: The reason for the confidentiality is beck information. Unless you aggregate it up into lair is proprietary. It is data that the State collect' with the accuracy of how people report to th to you need to think about how does this play into' perhaps, does not affect the final land use plan then we need to take a look at it. Ng, , eed to state on before we spend staff time hunts at�n. Norma Otto, Whatcom County: I supp, that the County has added-1 would su 5,000 population alloca I am a member of tl `ti 'endall Organization. I an, preside a member of the sub corm years, we members h rp Valley goFs a re and ha I onare° ` con for thatave proven o ves 20 ere is specifisusiness related h tegories you are to ng at data that whether it is accurate molt has to do . If ther - " re any issues ` h this data �t1 ••S;gtit. �-lance 4 ; ecisions? A lot of this detail, use designations. If it does data you want more information with . e new mitigation maps e •�• . I don't support the ounity a founder of the Kendall Watch t he boa rcY commissioners for Water District #19 and -a me r of Kendall Watch, for about five or six R w p the environment in the Columbia 400 junk e , hundreds of tons of garbage, scrap metal .o wn with the help of the County. None of the people who k-nvironment have any hand in that what so ever. I think t -good stewards of the land where we live. We can n ose the UGA ;e need it. If you put a LAMIRD around us you are going to fence us o make eve bigger stagnation than what we have now. We need the ability to revit our co :1 unity. We can't do that if you change us to a LAMIRD. Please keep that in mire The Columbia Valley', s nearly 4,000 people. We have next to no services. We are in desperate need of these things. We are economically challenged, which is evident by the fact that Water District #19 has secured a four million dollar, zero percent interest loan to upgrade our water district. You don't get loans like that unless you are an economically challenged community. The Board of Commissioners for District #19 also recognizes the need for wastewater treatment 240 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 15, 2009 Regular Meeti 21 services. We have had our engineer fill out a form that is going to get us some technical, targeted assistance to create a plan for wastewater treatment. Mann: How does the UGA equal revitalization and services? Otto: I think it's all about zoning. It's my understanding that there can be different kinds of zoning than what you can have in a LAMIRD. We have the ability to have some commercial things. I would like to suggest we eliminate the inco,., ation study listed in the plan and ask for a revitalization study. Mann: Is it your opinion that a UGA means potential for tax base and then services? Otto: Yes. I think we are all coming at it with the having things in place for it. Belisle: How many people does the water disbkq t erve? Otto: Over 3,000 people. We have about 1,500 � UPS, Carole MacDonald, Whatcom Count��'Nh Foothills Chamber of Commerce. Yo passed unanimously in December 20(,£-, and necessary to the Mt. Baker Foothi development policies, in thq. Ian, is vit and economic viability o,;,`t; Baker retention, expansion omrr ? y dE UGA and the imple ion of t' ,pol development alonMt. Bake eni major tourism trans :. k tion create additional oppo currently. g p o the .w ills coma Mt. 'Foothills C � rete and revitalize assod economic dev of Octob 07. The Cha the staff re wand its sui ich will lead to a better of mans irr' ti is growth and 9 J�,t speaking`" �'4''resident of the Mt. Baker ceived a 4,of our resolution that was k tion of &,i olumbia Valley UGA is vital 1 "the ientation of the economic s c re lizing the quality of life was re x job creation, business nt. The retention of the Columbia Valley help minimize impacts of future hereby preserving rural character of this 1E rlementation of these policies may d other financial incentives not merce, hereby, formally declares and supports the lurribia Valley UGA and the implementation of the �nE icies as presented in the draft Foothills Subarea Plan would like PDS to know that they are most pleased with of retention of the UGA. As a private citi n `�ent of the Foothills I am very pleased that the staff report recommends rete the Columbia Valley UGA. The GIACC is charged with the responsibility of allocating population to Whatcom County. However, the staff report is recommending a specific population projection of 5,000. Given the charge of the GMCC I find this PDS population recommendation very confusing. My understanding is that the GMCC will be allocating population using both OFM figures and Berk and Associates reports. My understanding is that the Berk report is not yet 241 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 15, 2009 ular completed and GIACC has not done its allocations. Hence, I don't understand how PDS staff can make projections for the Columbia Valley UGA at this time. Lesow: Does Berk and Associates have anything to do with these numbers? Aamot: They are working as a sub -consultant with Jones and Stokes who is working on the population figures. 22 Lesow: My concern is that the consultants are putting some scaf,%''inframater on the OFM projections. That is why I questioned it. Do you support the 7 Q 0 person population projection for the UGA? MacDonald: I am supporting the draft subarea plan a&�,;,, Msented ;a. Jack Petree, Whatcom County: I think you nee4 R l low the staff recorm endation and �< leave the Columbia Valley a UGA. I think you . ��5 s not legal to not leaa UGA. The whole concept of UGAs is to provide certaintt you can,\telop during t lanning period. `QLR .4Y 44. . As to Commissioner Mann's questio ,. zoning in the Columbia Valley is lik ' look, look, jobs, jobs, commercial, w you to look at the map that you were s might someday, possibly, rrbe, undery As far as I know there's � '' ch of la �'' the little grocery stor :," end you You were supposes" `pan this Vs ac The County took c��� a positions city Y supposed to led to `kkof �,�;, you do something aboa'` k Lesow: pro\ so screwei there will I Ily there ar you will fi be infill ai reason tha re is a problem there is that the eror's ne �" hes. Everybody keeps saying there's ; e there. I really encourage vn e', There � ots of things that say this in �SSbe�`> `e a jobs producing area. ng jobs, except for around ne it you can't expect them to come in. same level that you planned Birch Bay. created UGAs. Not doing what you were in the Foothills. In the future I hope on jobs that building all of these new homes are goin.g to :e a WP homes going in up there, but because the zoning is me nice great big homes on big, huge lots. Do you think those? Lesow: I don't tR 01h( ple in those houses are going to be looking to the Columbia �` 1 Valley UGA to get�'a.. Petree: One of my favorite quotes to the Council is "Pave paradise and put up a park-n- ride lot." What I meant by that was you have to go up there to afford it. I don't care where a person building a million dollar house gets a job. What we should be caring about is where the other 3,000 people, who are living in houses that used to be a vacation cabins, are going to live because they can't afford to live in Bellingham. Why should they have to drive to Bellingham to get a job? 242 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 15, 2009 ular Meeti 23 Mann: If there is Light Impact Industrial zoning up there, and let's say there was enough certainty in the plan, is it realistic to assume that it's an attractive place for industrial business to locate to? Petree: Absolutely. We are moving into a new economy at the same rate as we did when we changed from horses to cars. We are going to be doing industries that we never dreamed about before. If you can get a good work force and build without bankrupting yourself trying to get a permit then it's reasonable. If it doesn't . out then what are you out since you can't put anything there now? At least give tla'the chance. Besides, it's your obligation under GMA..,AANAF Menzies: Why do you think Whatcom has never done t : glnnri hays been required in the Columbia Valley UGA? .,�, K Petree: I plead the fifth on that. Rebecca Boonstra, Whatcom County: I live or p ece of prbc rty that abut ke Aiki ti•,a . Homes site.�s..� fi XN I would like to commend the PDS s iv;%f�or their reco s'< ndation to keep the UGA and to not downzone it to a LAMIRD. Howe' nKYx Igfer the p s recommended by the Foothills Advisory Committee. '` k% I believe to cap growth in t . e Columbia ? Ailey, 201 is unreasonably low. 4� �, , i The population projecti k �1aft F�.EffleN,4% . are more accurate. According to EcoNort , in �� mo dad 4; �.ecember 1, �006, the OFM anticipates comparable growthv.1 �ases in �. atcom C ty during the current planning period to those experience - he previou years. ti e the UGA is one of the fastest growing areas in Whatcom , ans� Coun 's the eighth fastest growing county in the State, it seems to�wth will just taper off. The existing populatio . lum "ley, today,` sents approximately 3.5 percent of the County' �p� n b The proposed population recommendation contained in the staff contemp an sonably low population increase of only 1,147 people duri a 20 year pla per sing the historical allocation method this is 46 percen er than grow ticipa in the preliminary population forecast of 60,490 over the ;, 20 years cutly under consideration by the GMCC. If adopted this forecast wo allocate 2,1 to the Columbia Valley UGA at its existing and historical rate of 3.5 percen e tots k- pulation base. After participating'! WTVhatcom 2031 survey I studied the results and I found that respondents to thery ey felt that small cities and small unincorporated urban areas should take more population growth so they can be economically viable and so people won't have to travel as much to Bellingham for jobs and services. This isn't a viable option if the UGA population is capped at 5,000. If the population is capped in the UGA and more people want to move into the subarea where are they going to go? As the UGA fills up and more people want to move out to the county the only place remaining for them to go is into the rural areas. This, of course, will not protect rural character. There is no harm in 243 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 15, 2009 Regular Meeting planning for higher population growth and it doesn't happen. There is definite harm in planning for lower growth and exceeding it. 24 Heather Swanson, Whatcom County: I still support the minority report and alternative 3. None of the arguments for the UGA have been compelling. I believe that most of the concerns that we have heard could be mitigated, to a very large degree, with one action. That is to adopt alternative 3, which recommends the Columbia Valley UGA be turned into a LAIAIRD. The bottom line is this, the continued existence and ce.,� lopment of the UGA negatively impacts rural character, levels of service, tax rates,,,., `quality of life for the entire Foothills subarea and it doesn't provide any assurance�t the residents of the Columbia Valley will see an increase in jobs or services. I ose. In contrast redesignating the UGA as a LAMIRD would protect the FOR, Its �%*ft%%�the impacts 4 1associated with a non -city UGA and it would still alto .,�jfoFan ap:ate amount of development in existing small town centers., The existing community is not a result of an u, that was created by speculative real estate die, of the County. It began as a massive recreation around use inevitable social, environmental, an have came to pass. The County zongdgt,.oe area created by growth. Now we are tryi�`"pow o commercial zoning to a non -city UGA:�,�I�thTn been in existence for 10 years, and aswe�keep flocking there to take advag a of the y" ilablti that exists there. Com t creation c ,:;��e recently been logged ` II�old, ere go` planning, transit, I control,;tiblic safe that was envision the origi �' �proponen correct our past mis , not the a UGA, that at best, wr , density r AWWWA?merr Bra rep c conse the com commer without heal. �bb, Whatco u with LAMIRD ces before the y. I ask the . cia ng that c urine ry urb. commUmity expanding`ws an anomaly RIP pment ag i, by poor polio the part t� and as it became a year d eiQ ci'problems associated with this as at `and tried to grow out of problem ut of t�i��:_e:pryoblem again by adding �e.,need to l�11 from history. The UGA has ;�'.: , the ave been no businesses _ wantthe potential work force �ave�c} I"he greenbelts have parks. The County has put money into nd still we have no thriving urban area f the UGA. Let's seize this moment to is not charge ahead with reorganizing tate speculators and encourage high nt".., ould like to see the Columbia Valley UGA removed and S. ve a unique opportunity to avoid the obvious future me to . ; ss. The UGA is not necessary to meet the needs of ning Commission to consider a plan that includes provide services for the current residents in a rural area tion and exacerbation of existing problems. Let paradise 41 I also ask the Count adopt low growth policies in the County and direct urban growth 42 to Bellingham and other existing areas. I feel the influx of population in Paradise and 43 Peaceful Valley was due to factors that have evaporated, cheap housing and cheap gas. 44 There is no longer a dramatic economic incentive to move to the area, therefore it doesn't 45 seem logical for the forecasted population burst to continue. It seems this trend will 46 actually start to reverse. We need to be cautious in these changing times and make 47 Whatcom County resilient to the uncertain future we face. I feel that urbanizing 24 miles 244 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 15, 2009 lar Meeting 25 . 1 from town makes Whatcom County weak and vulnerable. The days of building far-flung 2 communities, reliant on long commutes are over. Just to reiterate the Whatcom County 3 2031 question, the best places for growth are Bellingham and cities located along the I-5 4 corridor. The worst places for growth and jobs, the rural area and Columbia Valley. 5 6 I feel that this plan being proposed is considered the worst and worst piled on top of too 7 much. The public opposition to this type of growth should be taken into account. 8 9 One concern of UGA removal is that the adoption of a lower po, i , ion projection and 10 elimination of the UGA could cause the growth to go into otfeexisting urban areas. This 11 is exactly what needs to happen. 'tip"ti 12w^"� 13 The Washington State Department of Transportation",, has did- concerns 14 about its ability to fund highway improvements tha ve the Foothftlbarea traffic. 15 This is another reason to take a cautious approqrid remove the UGA.velopment. 16 F ;. 17 In regards to the Foothills Subarea Advisory CO, ittee, I been disapp f ed in 18 regards to public participation and the final rec <end t v .r. I have respect for all of the 9 P P P � Eti l P 19 people and appreciate the time involved. I feel thhis `r tee was a stacked deck and 20 further urbanization, public input ari"' of su ortinh:.� p R ti . pp �h r foregone conclusions was 21 effectively ignored. ,;r 22KUr""� .. 23 I urge you to take my sincere comme into- eration d -suggest the following. 24 Adopt low growth policies i the County direrb. 4 ro to Bellingham and other 25 existing areas. Remove ; .-and rep" ati wti "� status. Let paradise heal. 26 Designate commerci�, Ing t an pro' ervices for the residents of Columbia 27 Valley. 28�.. 29 Mann: You mention e" optin w�'�' ulatid rojections and causing growth to go into 30 other urban areas. Is a,. ��..� appening? 31 1�ti 32 Webb:tha�f ,> he The discuss the negative impacts of removing the UGA. �. Y 9 P 9 33 One `" at sincildirY ;, is are limited in Paradise and Peaceful Valley if there 34 isn't A that would e the start buying properties in other areas. I feel that's 35 kind o� pples and or . s typgument. The guy looking for an affordable lot isn't 36 the sa�. looking for :acres and a million dollar custom home. 37 _ 38 Bob Wiesen, com C : I forgot to mention earlier that previous Planning 39 Commissions us work sessions in the afternoon of the day they had the public 40 hearings. We put a ore hours in. I hope you keep the record open until your next 41 work session. 42 43 An important part of the GMA is predictability. Changing the size or eliminating the UGA 44 would go against the goal and objective. It may be appropriate to reduce the population 45 projection based on the inability of the UGA to realistically absorb the population. Stores 46 will come based on a little more growth out there. When the market is there the 47 businesses will want to come. The impediment is getting through the permitting process 245 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 15, 2009 ular Meeti K9 1 which is atrocious. Maple Fuels has expanded at Maple Falls and it took them years to get 2 through the process. 3 4 I have been involved in water issues for many years. I happened to be chairman of a non- 5 municipal water system. There has been talk of people running out of water but there is 6 no proof of this. 7 8 If we had affordable housing in Bellingham's UGA would those p, ��e be driving to 9 Columbia Valley?� 10�`�z 11 Michael Iris, Whatcom County: You find a consensus, amosgc people in this crowd, that 12 they enjoy the rural nature of Whatcom County. They e. ithey` rrs of soaring bald .. 13 eagles, the sounds of frogs and the birds singing. Thethe Cfir�views of the 14 sparkling stars and the brightness of the moon. All iese precious` ,,priceless aspects 15 of Whatcom County and the Nooksack River ba ' 4 not witnessed iri abundance in r 4 16 urban areas. Although you will find many peo tinting more cell tower's, ire internet, 17 more bike trails and more ,grocery stores all ' ents treas , the environrr�, and the 18 unique nature of county life. Yes, you find thoseA, t wa "profit by large growth and ti `�41 `Sh'4 . 19 develop the land to make lots of money. These pe ,,Y not true stewards of the real 20 riches of Whatcom Count Indeed • ; e an develo '� y. ,�f� �� p ,,°�,�_ is a necessity then the obvious, 21 logical solution is to locate the urba' 1�d r ment in croximity to the primary urban 22 area, which is the City of Bellingham.. .1e , . owns o ier, Maple Falls and Deming 23 manage their growth without major de �opm�� 24 ti� 25 The recent mudslides, t���, ve all ex i, , eze the need to look ahead 26 and to plan. �. 27 28 Please do not such 4 to real a specula* . Urbanization is not appropriate for the 29 Columbia Valley. `^ 30��� ti 31 Amy Mo corn C.. I have five ral topics of concern with the staff report. 32 The pr .� • �e ,; evil, _ the entire draft subarea plan; retaining the UGA; the 33 reco ded UGA", atio ,y failure to recommend land supply for the UGA, yet 34 aski r your vote wi -t in tion on new boundaries; and the proposed finding of 35 fact, c sions and re c ends a s. 36 37 The review delay of th ntire draft subarea plan is troubling because in order to 38 satisfy the ne f the your votes on the UGA retention are being asked for now. 39 However, the b s e draft plan is proposed for six months later, in July, without 40 acknowledging the '.ti on the rest of the draft plan of the delay of review or the 41 irripact of the isolate earlier decision on the UGA. Instead, as I have previously 42 suggested in emails to the Planning Department, County Council and to you, you could 43 review the draft plan on a parallel track to the work being done by the GMCC. Rather than 44 a piecemeal approach the decisions on the entire draft plan could be reached in time to 45 provide the GMCC with the necessary information before June 30th and still have an 46 internally consistent subarea plan. 47 246 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 15, 2009 Regular Meeting 27 The staff report recommending retention of the UGA is troubling because there is no discussion of the LAMIRD option. This would be logically consistent with the County Comprehensive Plan if the County plan was amended. As example, the Sudden Valley status was changed, not withstanding the County Comprehensive Plan. A UGA can be converted to a LAMIRD under the GMA, where appropriately based on the facts. A LAMIRD can provide sewer and other necessary public facilities and services. There was no discussion in the staff report about the dramaticallcreased traffic impacts, which had been addressed in the FSEIS that affects ttfi'tire subarea. Neither k�, the staff report nor the FSEIS consider that County and Stated ,a'ds have limited road capacity today.}���� p Y :�ti��\.. There was no discussion about quantitative groundw er Modelishould be performed now, for good planning, rather than all ; �growth to co :ue without ;. concern of groundwater until such time in the fut .as a developer coa is 00such w groundwater study. w`"� `� ,M w,�' The staff report recommendation on the UGA pa, I. tion,.'"` 1 c ubling. It doesn t follow the methodology that the GMCC is utilizing.ti The staff report fails to provide reco IT tions on ti' l.,nd supply. You need that information in order for you to Many of the staff report pro used findin Hof fa ons' id recommendations need to be revised to reflect s,, , discussi ., y the nning Commission. NAP Cynthia Purdy, Wh • Countysk you ���refigure the paradigm way, meaning this nation seems to rlw"M , perhaps, can ask k selves how to live with the means that we have right now.' fight `> ink ou a the box, and instead of thinking of it as Columbia Valley, aothills we may think of it as the Foothills. ere 1 e a govern of the Foothills because services are neede} Oer� the", ti ills. That government could have a council where there is �ti a re tative fro' NS h o e LAMIRDs, because I do support that there would not be�,,,. The people o e Foo , would unite and it wouldn't be an us them thing, it wou�lelto of us trying t alve t situation. I teach at M _,y II Element ', which is in the Foothills. When we opened in 1999 we had 603 students, 'ch is t hest we've had. Currently we have 474. That is a barometer of the populatio 1t Currently there are places out there where we can buy groceries. None of them are huge, however they have everything we need so we don't have to come into Bellingham to get those. It's a vibrant community. There are some businesses that have opened in the last two years. 247 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 15, 2009 Regular Meeting I hope all of you have been out there and driven the roads so you know what you are talking about. 4.11 The Deming Library and the Northfork Library are being built. The Deming Library was built with 2/3 in kind donations and time. The Northfork Library is also doing that. We are finding ways to take care of ourselves. Things are happening out there. It's not as dire as it sometimes sounds. Lesow: In the staff report it says Kendall Elementary School ag.!li : Baker Junior High School are currently over capacity. It also says there are polaffifns at Kendall. Purdy: The portables are from when we had 600 stude Aamot: The school district considers capacity to buy impermanent si r'cisures, not the portables. The school district said permanent c� `�y is 4.12. The head�;nt at the be innin of this year was 468 so the are a�. "'iodatin the overage portables. 9 9 Y Y 9 9 ��� P Mike Head, Whatcom County: I am a 32 year r` 9,4,hnt of�! FMt. Baker Foothil`Is subarea. I ti�9M, . strongly urge you to recommend alternative 3 whi ��, j:V the Columbia Valley UGA IX and designates LAMIRDs.yF. I do appreciate that Whatcom County co the sub`` ,plan, as submitted, had significant environmental impacts witf.ikeli° at it cti ns more than a moderate adverse impact on the envirw n ment und,11SEPa. . In the SEIS major conclusions it states: Alternative 1 rcreas, �,, inc school enrollment greater �%Iin need for fire protectior�`�nIUMergy serve s�� �,ti : aw enforcement. Additional water and k�' sewer connections ir%�ease wateu�age. 4tiy`.Syr"i. 4 • Alternative 2 allows' larg ich wlead to sprawling development in a rural area without pro Altern0101"!8 ; wiI"' \ . were �ation projections, has the least environmental impacts to the ssubarea ti on. �� . Page I the SEIS stat ""If furt'W. -is not available then many of the impacts in the SEIS wily'4 a appropria , addressed." The SEIS contains no estimates for potential capital and- ating cost �`" mitigation measures for these impacts. The majority of the mitigation me : es tha listed in the SEIS are addressed simply by putting dollars to the adverse im uch cost are we talking about here? Certainly the County could put an estim ,,` is. Are we talking 100 million, 125 million or 150 million? Who is going to pay for th a costs? On September 15, 2008 I submitted a letter to PDS. In that letter I went ahead and estimated what a 20 year cost difference between Alternative 1 and Alternative 3 would be. I came up with 113 million dollars over the 20 year lifecycle of this. I was surprised nobody challenged those numbers. I would suggest that it will be Whatcom County taxpayers that will pay for a majority of these costs. My taxes increased by 20 percent between 2007 and 2008. I hate to think that I will be like so many people am RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 15, 2009 Regular Meeting 1 who are forced off of their land during retirement due to the inability to pay property 2 taxes as a result of irresponsible development. 3 29 4 Lesow: Since you are in the construction business, what do you see for your future if the 5 UGA is not approved? 6 7 9 10 11 12 13 14 15 16 17 18 19 20 Head: With the lots that are available in the developments it could easily reach the 5,000 population figure projected by the County. The rest would go intWke rural area on 5 to 20 acre parcels. I'm not into residential construction. ' Rob Staveland, Whatcom County: There was a question t uu`up earlier, regarding Brown and Cole's interest in a grocery store in the area �, ow ,� pertain that Brown and Cole has an interest in locating a grocery store in th"-,o'bia Vd'I? 4but not in Kendall. Their market studies have shown they could supp 50,000 squat t store and they are nearing the critical mass which is around 5,ople. Another question was in regards to the benef Valley is not yet at what is near the critical m community with supporting services. 21 I have attended 42 of the 44 meeting`§ 22 first met several of the committee m bet', 23 would ignore the committee's work as`,,t h 24 over and over that this tim would be e 25 committee would carry 111 t�weight" 26 haven't seen that a ping than 27 will help to make tatement�e. Fallowing assess subarea kiaressed co re aunty^s lanning th. The whcifik'I u mbia it to become a'viable iittee. When the committee n that in the end the County `, ;� Inexperience. I have heard ie . ork done by the .sequent planning process. I mmission's recommendation 28 �w 29 In my opinion there art qr stupi' ,owth with little in between. Smart 30 growth means being r i " t is coming and planning for it in a way 31 that sets on fo "be success ". successful I mean that it would be 32 accomp��i a w at its impacts can be optimally mitigated and that it 33 cont ' = s rather tli tra om the health, beauty and vitality of the overall 34 com , kity. However, gr" requires smart, realistic and honest planning. 35 Whet h e like it or not, ". wth i ming to the Foothills. Not only is it the fastest 36 growing of the Count.. a are one of the fastest growing counties and Washington is 37 one of the s st growing -tes. The Olympics, being held in Vancouver next year, are 38 going to expo a bea this area to the entire world and will only increase the 39 number of peop • n move here. To ignore this reality and to pretend that if we 40 ignore it it will go " to set the stage for stupid growth. With proper planning this 41 could be a wonderfan environment but instead, with stupid growth, it would be 42 spread out all over the Foothills in new 5, 10 and 20 acre lots. Such a scenario will cause 43 maximum esthetic and environmental impacts with less potential for mitigation and at 44 greater cost to the tax payers. 45 46 Menzies: Do you know why Brown and Cole would be interested in putting a grocery store 47 in the Colurnbia Valley UGA, but not in Kendall? 249 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 15, 2009 Regular Meeting 30 1 Staveland: For one thing there is no longer any Small Town Commercial land available in 2 Kendall that is large enough and Small Town Commercial zoning doesn't allow anything 3 that size. They also have problems with water and sewer and DOT access. There is no 4 possibility of supporting retail or integrating the commercial into the community. 5 Walkability is an essential factor. 6 7 Carl Steiner, Whatcom County: I was born and raised in Glacier. Our Foothills has taken 8 great pride in well managed schools and road system that serve+ r needs well for many ��, 9 years. I support alternative 3 for traffic reasons. I have been Igd',M�g at the independent 10 study documents by the Tilghman group. The July documensYY `i'cates that, with UGA 11 development, there would be hundreds of cars crossing tlNker Highway at Kendall 12 to SR547, during peak hours. The report also said " Fut 6`w `, that are shown at the 13 Kendall Road, South Pass, SR542, between Deming a;ra:d Kendall wg'rely tax the limited 14 capacity of these two lane roads." In fact, alterna would si nifii 5 g ly exceed the �, 15 capacity of each. This is before weekend volum 4 easonally adjuste r tialumes are 16 considered. To me this is scary. At the preseri intersection is very dah ',ous. I hear a 17 round -about may be on the way to save the a the p r 9 .cted UGA tra question 18 this solution. The first reason I feel a round-abo`ki.not`olution is becaue, according 19 to the Bellingham Herald, one of the highest sites I ts is the round -about near i 20 Whatcom Community College. Theo, d reason is use when I was in the military, in 21 Europe, I visited Paris where there ` rti greets corm to one circle. We in Kendall 22 are not the aggressive drivers who g uhese tra .r" circles. We want a safe and 23 predictable traffic system. The folks in wo ti In C bia Valley families need 24 service upgrades but lets g the highw� apa�' p t8ti ate. The County needs to 25 use updated weekly eve, is count co '�� eekend counts and it needs 26 to acknowledge the ��aker r :way is a, eational higiway. It needs to include 27 traffic count report aple Fall" id Glacr M PDS were to put the horse back in front 28 of the cart of UGA elopment ;' get high capacity assessed first that would be 29 awesome. Honestly, a cark. evelop t stays in front of the horse I would 30 rather say goodbye to' ' g �` Highway. Budget for safe four lane 31 highways" P " ' 9 P corr andle the ted traffic of a UGA and et no expensive 32 surpris -�us s ors s. 33 " 34 Les m I correct in ewe ill relying on a five year old traffic study to base our 35 decisio n? 36"� 37 Aamot: Tra� .updated t raffic analysis for the final EIS. They incorporated 38 information e Tilg4 n Group from 2008 when in their professional judgment they p .; 39 believed that w r '� �.� e, specifically along SR 547. They did not use the seasonal 40 counts because ev- °` SDOTs letter they say we do not design roads for seasonal � , 41 traffic. That's not ho4lanning is done. If you look in the EIS it describes how Transpo 42 proceeded. 43 44 Steve Groen, Whatcom County: I don't live in the Columbia Valley, but I do support the 45 UGA and alternative 1. I listen to some of these citizens talk and I think this UGA is going 46 to give them the tools they need to improve their lifestyle and their community. I don't 250 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 15, 2009 Regular Meeti feel that planned development is wrong. I don't believe profit is wrong by these developers. My family has been involved in agriculture in this county for over four generations. We made our living from commercial agriculture. I have seen a lot of poor land use planning in this county. The big concern for me is that sustainable industries, like agriculture, fishing, forestry, etc. remain viable. I do believe that some growth is good for these industries. ,AI&I, 31 Lou Piotrowski, Whatcom County: When I looked at the top, .Wffi�ffl'bst populated counties in Washington we ranked second in terms of people who mi\Whatcom County. 74 percent of the growth, in the period from 2000-2008, w* igra t1� If you get it from births and deaths you have it in a house. When 74 p • .. come t a neans that they are coming with families and need new housing. I am a member of the advisory committee artdp`port the plan as it is wi�. I support and thank the Planning Department for suppoR, 4� the UGp� ;cause I think�Htiabsolutely �� w• 1, w essential.w I am not in favor of the cap of S,OOOtithink that taay the advantages of moving this UGA forward.,, There are 895 dwellings in the Glacier: -8 are4; `� d fuTIffiVe dwellings. That leaves how many more to be sold.? _hat leaves 4 of of.p - fit`move into the Glacier area if they choose to. v �} Bill Vaught, Whatco� unt : I� about $- eet from the westbound lane of the Mt. Y Baker Highway. Ilooked WSDOT site regarding traffic flow. You have things like averaged volu s all I" _ interested in. From my.point of view it's 5,900 per day. Let `' I of that. One of the other things about traveling ker y is that it'' �f defies some of those old adages and the defens ng t ou to leave yourself an out and from Deming, Kendall or past Blacntain ther 't t any outs. You don't have wide lines so you are in trout n that. As far , <eak eyes, there are down times but only about six to eights out of the y • if tha My next iss • • ' alluvial fa I live almost next to where that slide went over the road. That is an aw e site. T a little research and that is not an alluvial fan but just a slope failure. TFi r r alluvial fans in the County. In a Sunday, November 12, 2006 article in the am Herald there was a nice article on that. There are alluvial fans in township 40;, ge 5E, sections 21, 22 and 27. These happen to be in the Kendall area. Ron Reimer, Whatcom County: Note that Water District #13 is required, in accordance with the RCW, to serve growth within its service area. That service area encompasses all of the undeveloped land proposed for the inclusion in the Columbia Valley UGA. Note that Water District #13 has issued an intent to serve letter to landowners in the UGA. These 251 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 15, 2009 Regular Meeting 32 letters clearly indicate that the water district anticipates the ability to serve the properties within the service area. The current legal definition of water and sewer concurrency is that facilities must only be in before a development is given final plat approval and is not a condition for preliminary plat approval. Therefore, the fact that Water District #13 has a limited number of potential sewer connections, currently available, it can't be given as a rationale for restricting the size of the Columbia Valley UGA. Going back to 1990, I sat in on the GMA discussions when they c4a"e to the County. I am an excavation contractor and I was just getting started in that . R--' ess, and the overwhelming comments were that if you build in the UGAs K � ``it will be much easier and it will be super hard to build in the rural areas. Peo I _�' r, whythe development p p �- p is now going into the rural areas and it's because of thiredibuagmire of trying to get through things legally that are already approved, We need critical mass in Kendall in order to get b'�: t: esses to come in. < "" kneed to create a sense of community. I would love to see so ,i�ompanies locate there.till a free O country and we fallow laws. Who are we to p'r a upon s ykfuture all of thrime? I listen to people talk like they know what the futJs. M,e space available and give people the opportunity. " F Mann: Do you know the number of �J t would eded in the area? Reimer: About 8,000 to 10,000. The g other businesses will come-im be tMtammercial anchor and Max Duncan, Whatco 1&1nnty' �pport f , inority report and alternative 3. I support a lower populationa.y ction, bo s a ma yof accurate forecasting and means to achieve public polar thought Mr. Pros w, ments, earlier, were interesting, in that we need a populatio del. oally ss clear of that. It was also interesting when Mr. Stalheim co 4 , "`' e a land use designation model as opposed tion t .• `. Staff then 'ed a lot upon a 5,000 person population model. on a n st ut to me. I think we are really going to have to address the population I think idea of a grog, store"NO little bit of a red herring. I would love to have a grocery s • closer, but you live in the county most of us wind up going to Bellingham n we need' uy a lot of things. Does anyone really think a local grocery is going to be to co a with the variety or the price of the food in Bellingham? Only those who :groceries locally are those who don't have transportation to go to Bellingham t :' em. Before you think you are going to get a Haggen in the Columbia Valley plea do two things. Go shop in one of our local stores, that is actually supported by the business in our community, then ask yourself if you would buy most of your food there, given the prices and the variety available. Second, talk to people in the grocery business and ask for a business plan for a store in a community of less than 7,000 people. 252 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 15, 2009 Regular Meeting 33 1 Richard Banel, Whatcom County: I am here tonight as a spokesperson for a group of 2 Foothills area residents and landowners. The members of the group I represent are 3 identified in the document I handed you. 4 5 In the PDS staff report, dated January 7, 2009, staff recommends retaining a UGA in the 6 Columbia Valley. We support this recommendation and encourage the Planning 7 Commission to adopt the recommendation as presented. The staff report also 8 recommends adopting a Columbia Valley UGA population project'v� of 5,000 for the next 9 20 year planning period. We do not support this recommendat': ` ��"n a recent survey, 10 conducted for Whatcom 2031/ / 0 a majority of respondents 40 Cent indicated the k w� ! 11 following preferred growth scenario. The small cities and h"4 an areas, in Whatcom 12 County, become their own economic centers so there w.c e INN of a need to drive to 13 Bellingham. More population growth can locate in these small citie 5: d small urban areas 14 to be near jobs. An additional 19 percent of the residents would li{ Rio see each 15 community take a share of future population gr� that is similar to 0 share of 16 existing population. Over 59 percent of re., to the Whatcom 203Y: uestionnaire, 17 indicate that they wish to see an increase or e�tion of hi r°,� Xical populatio ;(locations 18 within Whatcom County. A majority would like t`o`p�e thi�s�ivth filtered into��e small 19 cities and small urban areas.w4` 20 ���� 21 Whatcom County's County -Wide Plaoticy A4 staff fiat citizen comments and 22 viewpoints shall be incorporated into �d :' Jppq aking� ess in development of draft 23 plans and regulations. Consideration o %�-;44es,eti ~� -nts shlye evident in the decision 24 makin rocess.9 p �� 25 26 Based on observatione ex ive co oe dialog and previous analysis done on 27 the subarea plan wgot the PI ,,ng Commission adopt the population 28 utilized in the dra '`" a othills Sub Area Plo pdate as adopted by the committee with 29 a planning horizon o., 1. 30�%` 31 The Foott "a PI,a non -pro e �n that establishes policies and guidelines P7 32 throug g in tli thills will be managed over the 20 year planning period. 33 The indicates tr• ere", o significant environmental impacts that can not be 34 miti • . The SEIS fu ides that appropriate monetary and human resources will 35 be nee to ensure all dosed gation is implemented properly as projects begin to 36 move fo 37,' 38 A significant s e of poial monetary investment will come from developers and the 39 private sector. er lrocess will ensure that appropriate mitigation measures and 40 essential infrastrue II be in place and shall be adequate to serve proposed 41 development at the a the development is available for occupancy and use without 42 decreasing current service levels below locally established minimum standards. Therefore, 43 with a heightened awareness of the need to implement LID standards and other 44 mitigation measures already identified throughout the plan and the SEIS we support 45 adoption of the Foothills Subarea Plan as proposed by the Foothills Advisory Committee in 46 October 2007. We support alternative 1 from the SEIS with reasonable and necessary 253 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 15, 2009 Regular Meeting revisions required to mitigate any significant environmental impacts and protect public health and safety. 0 Charlie Heggem, Whatcom County: I was born and raised in the Foothills and I have seen a lot of change during that time. There have been a lot of kids killed on SR 547 and 542. There has been nothing changed to prevent that. We need to find some way to change it. We are between a rock and a hard place because the rural chara.t r of what we have up there is the lifeblood of that land. We love being in the middle ob where, that is why we live there and why it's so attractive. I live in an incredibly s rea. People are going to recognize this as an amazing place and want to come I gay and stay. I recognize, that through my travels throughout the world. at � e in a very unique r rner orld is going to be spot and with the changes that are coming I believe , .do-w w..� become very well recognized. We need things in p c o help mana" at. I hope we can manage the growth successfully. Bill Isenhart, Whatcom County: (Inaudible) c`"�;, ; ents available in the area. Would like to see that con&%e. RobRoy Graham, Whatcom County:xA, reviewing the section on fire in theS` of 10 options will result in an increas these options. The committee would r resources. The final mitigat'o n option wt but would require a hu sent by Ultimately citizens w gain" asked needs of developm" w_ Wilson: I understan'; m re being met and the disf funded? a Commis'—t f Wer the lis ;though` [re iI fun 4 be 100, aKl FY 4 to" de additi g affordable `frees for Fire District #14. In aotential mitigation options, 6 to provide funding for m local, state or federal pn rily, by the developers cmmodate the growth. anaI funding to help meet the the level of service is not currently f. Do you know how that will be Gra Ue have a" al fa``" s and it lists several options for us. Some of them will reqdditional fund o sta II�time people. We will probably have to ask for additia , unding from t ublic. - cruitment of volunteers has fallen below our need. With the ction of the es that are to be built there is no way we can serve them. Myra Creas r atcom Co y: I want to address emergency services in our area. Our fire departme really ched to its limit. We had a fire in our chimney and I called the fire depart m an. didn't get there until one and a half hours later. The Mt. Baker Highway ha', f accidents on it and it's really frightening to drive. Regarding the water, my neighbor's well goes dry in the summer. Water bills keep going up. I don't know why people keep saying there's lots of water. We have problems with run off from development. 254 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 15, 2009 Regular Meeting 35 Mann: Living out there you don't have as many services as you would in a city, including emergency services. Do you view this as acceptable since you are in a rural area? Would you be willing to increase your taxes for better service? Creasy: We love the peace and quiet out there. It's well worth it. Low income people will have a hard time paying more taxes. Blair Murray, Whatcom County: I am involved in the Balfour Villproject. I would ask that you leave the public record open. I am in favor of alternati`: I am disturbed there is a population projection being proposed for action at this ti. " he GMCC has been conveyed to do this with the help of a consultant and sta. oncept of allocation of growth will come back to you when they have reached Lterm� Dion of allocation within the whole UGA. s' Melious: Can you tell us the status of your proj Murray: There is a plan calling for 752 units,'%ezones as long plat. V1F';ave scaled this back in an effort to allow the subarea procel pro without influence from our proposal. We have scaled it back to a 290 unit Ion ��`� 1within the short term UGA. We have a master plan that includes commercial cnent. Mann: What is the status of grocery Murray: Critical mass is o critical mass is, I don't threshold, but I don't.'` there. I think that ' grocery store chars, ani be the growth to su ,' Mann: H interes-0. Mur inte Yes, that was sly the isIl have A ices into 0601 wrest fcl is where you meet ts; date we are already at that t Aeration the different economic groups out 't currently have a number of different o there isn't the assurance that there will our proposal and to find out their was a PLID application and there was some Mann: If th` ea were to;L§ome a LAMIRD how many fewer homes could be built in this area? titi 4 z Stalheim: They cu �ave an application for 290 homes. Your decision will not affect that application. It w ,d affect future phases. Menzies: If the UGA is removed is there potential for commercial under the LAMIRD designation? Stalheim: It's a possibility. We aren't to that kind of detail yet. 255 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 4.6 47 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 15, 2009 Regular Meeting 36 Jay Irwin, Whatcom County: I want to avoid the misconception of the differences between the UGA and the LAMIRD designations. Doing commercial development without a UGA is very problematic. The formal LAMIRD designation is new to Whatcom County so how these things are going to be developed we don't quite know. I think there is a concept that it might be like a mini UGA but there is a big difference between a UGA and a LAMIRD. From a developer's perspective, to do commercial development without urban services, I don't know if it's possible. It's certainly not smart to try and do it. I would warn you not to think a LAMIRD is going to be like a stripped down UCA Hunter: I don't necessarily agree with you. The difference is�. �MIRD is limited from ay make a LAMIRD less expanding.There are crucial differences between the two< attractive for commercial development. I am unaware aathi ``` fat makes it illegal to do some commercial development in a LAMIRD. Stalheim: Commissioner Hunter is basically core-10, Khe difference is %# �he boundaries are not what the uses are. Establishing LAIHIR ill not include looking 'the zoning with the LAMIRDs: Currently there is no comiftal center;he Columbia y UGA. Irwin: If it is a LAMIRD can commercial zoning be don't see how it would happen. Stalheim: Within a LAMIRD we can ci meet the GMA rules. However, we ha Irwin: Even if it may would be without a U Jason Reimer, Wh`41 our County Executiv group of communist rE would be4 e� desper- ee , Wha > • County. I Done strov the viab meet ate OR— -'fIam-w I. I w0'' you t0 CO m a practicable standpoint? I of the area and still et. essing how practicable it ider that. County: , m so furf'gt'i with how Whatcom County Planning and e Cou �'il, an a of you guys run this place. You are a w in what is going on. If I knew that I originally e ning something so awesome, that is it. d still be at ground zero, I would run anywhere but to tell`' ^ ow many other people I know that say the same thing. Kf the _ rojects. The hea as closed to ` public. Hunter moved eep th ; itten record open through January 29, 2009. Wilson seconded. The n d. The meeting was adj I rned at 11:05 p.m. Minutes prepared by B. Boxx. 256 RECORD OF PROCEEDINGS OF THE 37 WHATCOM COUNTY PLANNING COMMISSION January 15, 2009 Regular Meeti WHATCOM COUNTY PLANNING COMMISSION ATTEST: 2 3 4 5 6 Jean Melious, Chair 7 8 9 10 11 12 David Stalheim., Secretary 257 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 29, 2009 ular Meetin Call To Order: The meeting was called to order, by Whatcom County Planning Commission Chair, Jean Melious, in the County Council Chambers at 6:35 p.m. Roll Call Present: Jean Melious, John Lesow, Ken Mann, David Hunter, Sean Wilson, Geoff Menzies, John Steensma. Absent: Rabel Burdge, John Belisle Staff Present: David Stalheim, Matt Aamot, Becky Boxx Director's Dialog Stalheim: I want to update you on where things are that you haven pa!s%�g onto the County Council. At their last meeting they passed on the items reg�a g schools. They§;will now go on to concurrent review. They passed the concurrency ordina , a few minor cf S. The garage • 9 9 ordinance is going to have another public hearing. Th �ted to not do the regul art of it. The w �,• land division ordinance was again delayed. At the laute we received correspo��Ce from the BIAW and as a result Council wanted to have some�l(review of:.y a will be lookin�.� he issue ti�� w again in two weeks. We have also been working with the,, quncil.#` a Shoreline Master Program. The Department of Ecology made some changes that we Vim&@"6�w work through. They mostly involve non -conforming uses and single f�` homes ands ' ould happen if they were destroyed by fire and some other issues. ti �S M' t %�%Cvision thYour next meeting will be a joint hearing wit.e Ce c�0 uncil on ry 17 . This will be on the range of alternatives that we are going to stu' spart., �`dew of the UGAs. We are planning to start at 6:00 with utive sess wN ed legal staff, in room 513. At 7:00 we will have a public hears y 01aviary 19thhave a worsession to deliberate on the issues. The Council wil . take up ;; Tissue on. ruary 24 . Menzies: We have n n the alter es yet. Wil t be the first time we get to see them? Stalheim: Yes, remern ire falk�Jht now is the alternatives that we are going to study in th - �, tryi ..r et as much i114016tion as possible into the EIS without trying to put in anyt ' s ti : ally sp , f eca%i`s haven't had any public input on it yet. We will be presenting our reco . ation to the ' h M ment Coordinating Council (GMCC) tomorrow. Depending on wha�do that's what w t be b 19 forward to you for the public hearing process. Mann: With", incorporate oui commendation tonight into what you take to the GMCC? Stalheim: No, se this is ' that is going to be fed in at the end of the process. Our alternatives are going to be m or '`;, . ric and countywide. The challenge is that we have 10 UGAs that we are reviewing but cad`; , three alternatives. We would love to do three alternatives in every UGA but we can't do that. Melious: You had mentioned a while back forming sub -committees. Do you think that is necessary right now? Stalheim: I don't know that it's necessary right now. 258 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 29, 2009 Regular M Open Session for Public Comment Jack Petree, Whatcom County: I recommend a book titled "Cool It", written by the same author who wrote "The Skeptical Environmentalist". I invite you all to read the Growth Management Act. Everything you do relates to it. Go through the act and see if you can find a single reference to choosing population projections based on a range of populations. There isn't one word. 11%\ K Lesow: I was reading through the challenge you and Bob Wiesen put f+al ward and it seems like what is 4y^.SH�`t• � being forward is that we have to approve developments, like Caitac,�`�rer to combat global warming. Is that a fair assessment of your argument? Petree: It's not even close. I do think that the whole idea of carbon emissions d'c limate change is something that you should seriously consider when you co aas{der these issue 3. Commissioner Comments Lesow: Back in the 1970's I lived in Portland, Oregon a , . ,,W the •-`'`il,f ere were a number of pulp and paper mills that were operating in the region. I remember �t onto the apartment balcony, about 20 miles west of Portland, and beimm e to smell the`�sk �gen sulfide smell of the pulp mill in Camas Washington, which was 60 miles` ., t. The people amas were a little more concerned about the air pollution than I was and theyP'NI � The law` e or the pulp mill challenged the p �� y p p g plaintiffs issue of standing. Why did they ha � he ri � � e over ;�Ilution? The response from one of the plaintiffs was that every time I rub :;(sand a yc o9 s k I can smell your mill. The lawyers for the pulp mill said A h, there yo o. T oetitute a standing. So they took up the issue. A federal ju t is eno o stitute a sending. I was reading through our w letters the other night e acro be letter t the frogs in the Foothills subarea and the fact that some people the moved th `don't like t sound of frogs and try to kill them. We talk a lot about rural values an ti need to cs er them. Tl. �Round of a frog, owl or the wind in the trees are all rural values that we �ppo �;.'. whee make our decisions about land use. Even though we ar tiunty pla missi rural guy. I live very close to a city of two million pep I jsten' .: losely to the i sions about rural values from people that really now abp� Wort0fssion File #CMf � -00007 — Proplad adoption of a new Foothills Subarea Plan. Aamot: There aid; o items e asking you to make a recommendation on tonight. One is should there be a UGA in- C( ff Valley and if so what the population allocation should be? There were three alterffWes that were addressed in the EIS along with the staff recommendation. Alternative 1 was the Foothills Subarea Plan Advisory Committee (FSPAC) recommendation. This was the committee that was appointed by the County Executive and confirmed by the County Council. They worked through 2006 and 2007 to develop this plan. The main features of their plan is that it maintains the UGA at about 1,339 acres. Their population projection, at the end of the 20 year planning period, would be 7,053, which would constitute a growth of 3,200 from the 2006 estimated population of 3,853. 259 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 29, 2009 Regular Meeting 3 Alternative 2 was the existing land use designation. This meant the existing Comprehensive Plan and existing zoning. It also maintains the current UGA of approximately 1,489 acres. The population projection, for the 20 year planning period, was 5,833, which would constitute a growth of 1,980 people. Alternative 3 is the rural and Limited Areas of More Intense Rural Development (LAMIRD) alternative. This would remove the UGA and replace it with LAMIRD designations and other rural and forestry designations. The population, at the end of the 20 year planning period, would be 4,925, which would be a population growth of 1,072. ,. The PDS recommendation is retention of a UGA. It would like) have ta,`Z 41.. y �er�reduced in size. We are recommending a lower population allocation, of 5,000, at the end otfa� 0 year planning period, for reasons stated in the staff report. Primarily there is the need for }TtYta.ca ital facility planning, such 4 as sewer and fire. This would constitute a growth of approximat "f:4tiy147, Staff showed maps of geography, platted subdivisions, a lid. and historical z`o an maps maps of the three alternatives studied in the EIS. X �:\14 • . Aamot: The last Foothills Subarea Plan was adopt 1 °` .988. At thW ``me time corres�n zoning p prl:9 9 was adopted. The UR4 zoning has existed in the area boutis. It covers the aria where 13 a Paradise and Peaceful Valley subdivisions are, along wit b" to the west and east. In Alternative 1 the committee is recomm ,o reduce the pf the UGA by about 150 acres. That would include removing the area in 4111w � '' ..is about"" �cres, and add 40 acres on the eastern side of the UGA.k�. The committee is reco about 44 acres. There center zone. They are also recomtKi and a policy that would They are;,. cres Impact nal deli n that They ads. commended 40 Impact Ind.,I. The idea is or not avails ecause of I Alternative 2 is tli a' some non -urban zo, L w ied toSken 4 ar^fY, der of the UGA, which would be encou, ; ` oning to eral Commercial or a new town a plan �s rban residiI designation on the eastern side of the UGA rage � rom q al Forestry to UR4. This is about 120 acres. north side oftiffiestone Road, that would be a Planned Light fisting Comprehensive Plan has a policy to consider industrial in to thWst and 80 acres to the west of potential Planned Light wide some flexibility that if the original 40 acres was either built out uner preference, then this area could be designated for industrial. UGA. now, which was adopted in 1999. It is about 1,489 acres. There is Alternative 3 would potentially create three LAMIRDs in the area. A relatively tight boundary would be drawn around Paradise and Peaceful Valley to create two LAMIRDs. Those would be about 700 acres. The Kendall Small Town Commercial would be reduced in size to about 14 acres. There would be about 775 other acres that would be removed from the UGA that would then be designated Rural or Forestry. Lesow: Would the industrial component, near Limestone Road, still be maintained if it were a LANIIRD? 260 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 29, 2009 Regular Aamot: No. Lesow: How about commercial? Aamot: There is commercial in the Kendall area. The County is now going through the process of reviewing the LAMIRD statutes in the GMA. Stalheim: No criteria have been developed for commercial LAMIRDs in proximity to existing residential LAMIRDs. _tzb, Aamot: There is in the LAMIRD criteria the possibility of small scale;pW40 ss LAMIRDs. We would have to investigate whether it would be appropriate in a situationifu 4 Stalheim: It would be for new areas and not for expansion o," . fisting areas. \']e: an't put that in an area that is somewhat urban in nature. "there is a provisii e GMA that allo ;.ore intense rural development as commercial and industrial but the wo f �e� isolated from otherr e� The idea is that you may have an industrial complex that you can oEe within rural areas. The exp: on of an existing one is not allowed. Menzies: Can you explain why the Small Town Com the LAMIRD? Alft- .t Aamot: Because we look at the built enviro 5 &H `0 not fully built out. Under the EIS alternative'felti' might change when we develop the criteria oN\cou Lesow: So you are saying) �0e&P`kW, , !e may Aamot: I think you w kff e a toug , " a findingsexisted in 1990.Therb,ome lett. - tating they Kendall. There is no se pubi�,tkhe Steensmaf h the e § get water me they twell: Audienbilftmber: They is reduced in the Kendall area for in 1' The Small Town Commercial is >priat� �'ook at a tight boundary. That future? within the logical outer boundary as it have a tough time developing down in Wilson mo%!bVft retain a U(,&An the Columbia Valley as recommended by the staff report. Hunter: Are you iiit .*ng �i � o adopt the population projections? Wilson: No. I will deal *W, that separately. Hunter seconded the motion. Mann: For me the problem with having it a UGA goes back to the infrastructure requirements, especially the roads. We have letters from the fire district saying they can't give the service that is necessary and they don't have the money to expand. Who is going to pay for all of this? I need to know that there is a plan in place and that money is available. 261 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 29, 2009 ular Meetin Lesow: We have a letter from Water District #13 with regard to service in the UGA. They state that there are no funds available for expanding or upgrading the facility to service this UGA. Commissioner Wilson is familiar with the water district and I wonder if you have any comments? 5 Wilson: I think they need a realistic idea of what they need to be planning for. Right now I assume that's the available buildable land base within the service area. They also need to figure out what that will require and how they will pay for it. I think that the expansions, that are required by State law, in order to be able to meet the ecological needs, etc, will come whether developme4,comes or not. Every year those get more and more intense. It's hard to say where that money cor%ee's ;,gym. Probably the existing 379 customers in Water District #13. On the other hand to expand the,.cacity of the district in such a T4� . way where it can accommodate additional development as envisio,dh the subarea plan a substantial portion of that often comes from new customers, whics'tiuced by new development. Without that opportunity for that type of private investment theen will Tgays be carried by the 379 customers that currently exist. Menzies: I am impressed by not only the quantity butt ..e�lity of the comments`RM he work that has iL44S'+T •.gone into this issue. One thing that bothers me is ke ffitt� this a UGA just because%d that designation for 20 years. That doesn't mean we have c Continue dh•rn Jhat road. I wen14 land looked at this area. There are a lot of people living up there. It t`, po ash relative to Blaine, who has a lot of commercial services. They are an incorporated city. VVf I�Lb�at the Foothills what I see is a large residential area but it's missing a lot of thehings that amponents of an urban area. I don't think it makes sense to have it a UGA, g #ftvironmentf ors, capital facilities issues, olice,,. p p fire service problems, etc. I understand wa g glop light iris real land but it's so far from 1-5 that it's really not an area that is going attra . of o dustrial. ` t I am struggling with is the staff suggestion to go with the reduced UGA that 5 latio imate, which would provide 1��4" �'.�4R opportunities for more devel . W Illike the " ne c pect that has come out of the committee. I see a real n r ple that`I pie a to have ense of community and I am wondering which is thebay to modate.ti Steensma: If you look,R, k 100 year "RkMis county "''cue used to be little rural centers all over, such as Wickersham, Tuxedo, -Park '` �` ;, 4 em a o more. The ones that survived were either on a major tra station , . NOMv* ething that kept them alive was that they were on resource I have A in a dead en�ea. Anything produced in that area has to go south ��windy. ,Nothi ill go over Reece Hill Road into Sumas. It's a residential area and it's a going to be a dentia. There is no real reason to put commercial up there. If there was ommercial I in ould o be in the Kendall area. I am leaning very strongly toward a LAMA R Hunter: Thee ; • k I found m `compelling is a letter we got from a person indicating that for those people arguing', or of thi ti> g a UGA and have a large population and industrial area, the person said if that is wha'1,1wa y did you move here? This is a rural area. I feel some sympathy for that position. I see ntal reasons for at least having some basic commercial development, like a grocery store so peo .L Yon't have to drive to Bellingham all of the time. As a legal matter we might very well be able to put a grocery store in the area if it were a LAMIRD, but as a practicable matter it's not likely to happen. As far as the other services my feeling is that over the next 20 years we won't have a population that is profoundly different whether it's a UGA or LAMIRD. If we still have the same population how is it that the LAMIRD is going to serve that population better with regards to these services that are needed such as fire, police, water, etc.? I am torn if this area should be a LAMIRD or UGA. 262 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 29, 2009 Regular Meeting Melious: There are difficult underlying environmental and planning issues. It's also difficult because I think we like to be guided by the public and there is no one public stand on this issue. There are two sides. This leaves us with a particularly unpleasant situation of feeling like we are picking winners and losers, which is not a nice position to be in. From what I have seen in the record and heard from people is that there is an interest in preserving the environment and the other is that I think we have enough evidence in our record for genuine needs for services and infrastructure. When I look at alternative 1 1 see a clear vision for the Columbia Valley. The issue is can we do that given the state of infrastructure planning and funding? I'm not seeing that the record supports that it can ha, en. When I look at the LAMIRD alternative those impacts are clearly reduced but I'm not seeinil ing there for the vision of the Columbia Valley UGA. Over the last few weeks I have asked a fe ,'; ,. e4rent people, in different situations, if the LAMIRD alternative is adopted what will the Colum_I$ lley look like in 20 years. The answer from everyone has been I don't know". If we have the sabi Ion, with genuine needs, then what impetus is there to do that planning that people reA is necE ry for that area if we have essentially adopted a containment alternative? I thin) ,t, e;staff repoA,�ffort to synthesize both of these concerns, which is probably why no one is. po' in g it. �` Wilson: I have concerns about fire service in the areas a of the concerns that was liy heightened �� s 4N for me, in reading the SEIS, was the fact that we areyady excee *, urban levels of ;mice. That is an existing condition and I don't see how encapsulating •,exists opulation is ever going to fix that problem. Those people are going to need resources to ��re, Putting people in a UGA having commercial, etc gives the people a focal ti oit Some of the°l,'I1�5 I have heard include a medical facility, a resource center, etc. that would "t out of a LAMP y y concern is that if people cant get to Bellingham for medical services, etc. ho r,la,�'ng them s a service by cutting those things out of coming to their area? It seems e it wo° a fire district to have those services, not to mention we would be genera tt ,a muc '" ix re z ue which would benefit the school and the fire district. T ; �Ois area g 4 this �t "i lace is because, although there was good intent, on the p, my Coun`" 9 to crea'an area that would succeed, and there are policies that 1nducive ti .hat in the, . rent Comprehensive Plan, there is actually no zoning to allow mangy�a things tha ey need. ` uch you end up with a residential community. It's not that the people did ant to put: Y ores or bui`;„warehouse, they have tried and failed because there is no zoning to su` :.it; I n o�si ` . to figure out how to change that. I'm not sure that the LAM IRQ alternati w��o do�'��w did g` he LAAal what are the possibilities to develop a planned town center? Is to expan .,, ALA.�houndary to accommodate some sort of town center? the LAMIRD s1rn ther", really no space for a grocery store. It's all platted out. Menzies: I d•%�ink this is th ea where we want to see a lot of population growth. We don't want it to be a little here ares rlv needs there. Aamot: There are tfi%"a,""�Wbf LAMIRDs. The first type can be residential, commercial, etc. and you have to draw a bounound development as it existed in 1990, when the GMA was adopted. There is also a second and third type. One of those is a small scale isolated business LAMIRD. That can't be next to an existing LAMIRD. I think we would be taking a risk, before the GMHB, if we were to try and do that. Stalheim: There is the rule about when you draw the logical outer boundary there is the ability for you to look at the natural geographic features. That is where you might have some ability to have some areas 263 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 29, 2009 Regular Meeting that has a little outer growth. I'm not sure that it would exist in this case but that would be the only possible exception about not drawing the boundaries as tightly as we are looking at. 7 Lesow: If we make a decision to go with a UGA and the Council approves that decision, what we are saying is that for the future we have decided that this is where we are going to grow. Growth will occur there because that's what we are saying will happen. Not only in the UGA but in the areas around it. Do we really want to do that? About 10 years ago Pt. Roberts had a very similar plan. We had planned for a town center, a little industrial area, etc., none of which materialized. So I - ve been able to look at this, through the experience that I had. Pt. Roberts had two sheriff depute a population of 1,600. z w We have a 3,500 square foot international market place, which has fuel �g ,rOke food, deli, video rental and is on septic. We do have public water. We have a hospital distrj�{pS is looking at making Pt. Roberts a LAMIRD. I don't think it's necessary to make an area a �`A�be`use you need a grocery 4;� ` ti Y 9 rY store. .. �� � � w�"rye . Wilson: I don't think we are making anything. This is alre.r1" GA. It has bee'A for 10 years. It's been UR4 for 20 years. Regarding your comparisonfi"?. Roberts the differe4-w .see is that in our area, with 1,600 which is about one third of wh.:. "*s have already,apparently s ". �- od had the Y ��� i? Y foresight to create the zoning to allow you to have a g; ery store. bvlSthat we are go xro make Pt. Roberts a LAMIRD the services already exist so we cw a er' ht boundary around it and you have what you need. That never happened in the Columbf H his area needs the opportunity to develop those things so they can succee d handle their• 'frastructure, etc. We can't go back and change what we didn't do for the last , Lesow: That's a very good point but one thin would be allowed near Limestone Road, whi able to get a lot of traffic on never be improved. It see grocery store.�� Wilson: Under the LAR acres. They have major , it is with 44 a� Lesow:ti ". he q ,e. s� i term - e market de Mann: g at one of the 5,000 peo what's need so why don' � - ave a groc close s,, e abod "S is the industrial area that 'Hill 0�9. There is no way they will be kat treacherous highway that will all is a' more appropriate place for a iercial area would be reduced by over 30 rea is already too small and too patchwork as nand or the zoning. Zoning can change. In ass which was alluded to in the public hearing. lat was commissioned by Balfour, they said that a 44,000 square foot grocery store. Those people are already there ire there? Wilson: It's very i tin use if I want to go to grocery shopping, go to a bakery, liquor store, or library, or get my haK a to leave the urban area and go to the rural area to find that center where the commerce i an amazing thing that we have grown this way in the Foothills. In the Columbia Valley there has been a steady growth rate, of about 13 percent, from 2000 to 2008. 1 looked at Maple Falls, which had a growth rate, over the same period, of 41.4 percent, Glacier had 272.5 percent. I started to think that if I were a person that wanted to move to the Foothills, because I wanted a semi -rural area I would probably want to live near my shopping. I think the reason there is no grocery store is because they don't want to put it in a rural area and the population center is three miles from where it's allowed. The parcels in the area are patchwork, there are access issues in the area, and the community wants safety to be a priority at that intersection. 264 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 29, 2009 Regular Meeting Mann: Maybe we lack the right planning instrument to create a little commercial node in the middle of the Columbia Valley. We have learned that residential development does not pay for itself, so when you think that providing sewer, water, fire, better roads is going to pay for itself with the increased residential development it's not true so commercial development is the way to go. Wilson: I agree that diversifying the tax base is really important here. Mann: Would you, personally, be happy if we were able to create a small toyvn commercial node where Balfour Village is proposed but not let more population growth occur? Wilson: I don't think that's relevant. I think that it would be a recipe 1 ure. The commercial developers want to know that they can get new customers thatpopulation growth. ww.y Menzies: If we retain the UGA I think there are going to be nor"= rh greater opt`io�► for develo ment, p which I think are needed to support the population that's at part of the Qs"' .report I like. I don't want to see the population expand which is what wouWFi� `p'en with a UGA but Iry 1d like to see a planned town center and something that brings the ctnunity together. Lesow: There could be commercial development outsiftKo Melious: What I'm hearing is that there is 5,000, is going to grow. I'm not sure that Lesow: The area around it could grow. You to live in the UGA. There are enough unpla Melious: Isn't that true Wilson: It has been Menzies: It doesn't ma think the popi.tl that is Wilson- Commi at v the r on of 150 a does• n the tourist feel to keep• * 'n mind when de that can't 'tigated. That i; private sect oing to be a we cut back a p ttial fundir we d rn that thdV� '4-population in the staff report, of a t ou areA@ to live out there that you have out flee '` at it wif Zw. an'where we have a growing population but I a sic services. on this for two years, recommended some safeguards. One was e s ' end to keep it from encroaching on the Mt. Baker Highway so it iat ar a forget that the resource in this area is tourism and we have Aping t Ian. Also I don't see any environmental impacts in the EIS -4 ng to take human resources and financial resources and I think the n contributor to a lot of that and we do ourselves a disservice when ©urce. Lesow: One thing tMi W%\Iawford, �'en't discussed yet is the social situation out there. It was eluded to, by County Council membabout the wild west atmosphere in the east county. Even if the majority of people in the area were for this UGA I would still have grave misgivings about it. One thing that I am haunted by is the ghost of Abbotsford, B.C. I moved to Canada 25 years ago and at that time Abbotsford was a very small city, much like Lynden, full of rural values. It now has 100,000 people and the highest crime rate in Canada. It is a bad place to live. One thing that Abbotsford has done is grow. They have taken land out of the agricultural land reserve and put it in industry. Abbotsford is a little cheaper to live in than Vancouver so often times people come in from the other parts of Canada, just like they do in Whatcom County, thinking it's going to be a better place for them but often time they 265 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 29, 2009 Reaular .01 bring problems with them. The kids get bored and get in trouble. I have the same feeling about things I have heard out of the Columbia Valley. Maybe it's because there are a lot of houses, not many services and not many things to do. Are we going to rectify this situation by throwing in more houses and some industry so people can live where they work? The idea that people have to live, work and shop in the Columbia Valley doesn't make any sense. People need to get out and move around. Wilson: Did they fail to provide appropriate zoning too? Lesow: Land use in Canada is a lot different from land use here. Hunter: I am not persuaded by anecdotal evidence. I think what ha "'PEN in Abbotsford is related to Abbotsford and Canada. I really want to figure out what makes trys ti se for the people who live in the Foothills in combination with what makes sense for Whatdgq-T'CCourally. This area has been a UGA for quite a while and hasn't expanded very mu • t'x*Wore people�ii •,a in but I don't think the environment has changed very much. Mann: In the staff report it is stated that plans are in; `t e to fund some of the infra s " `,,,ire needs. Can get more detail? Aamot: What we are saying in the staff report is that the e existing UGA and there is not capital faciliipianning in pl sewer and fire, to serve additional popula ar as m would look at that issue. The fire districtde from taxes and from other sources. The Co` area OW district. :. Mann: Right, but in the st -'i a UGA in the area. I v q Bally Aamot: Until and unl 4 ; stricts d more population than th a allc Mann: Is t reas Aams s. Lesow ,k the problem ire Water is 13 who can el capital `'Oulation allocation is 5,000 for the . a variety of services, particularly ing in for this, a capital facility plan in ' . much revenue they can raise have in providing revenue for a ies to'i Oft through those issues and retain ns the strategy would be to not allocate any u kept the popdMon at 5,000? a I15tf plans but not a lot of money. Is there anyone here from on their letter regarding servicing any expansion? Phil Cloward: T ' Istrict wa �)hg to meet over the letter and develop a consensus opinion. I was erroneously led to ve 1 e were going to have consensus in the opinion. This letter is not acceptable to me. I the position of saying I am going to have to take other action because I_ can not stand here an n to what was in the letter. Tom Watkins: The intent of the letter is to be used in the planning process to tell the people that are making the decisions that the upgrades to our plant and the infrastructure is going to have a heavy financial price. There are unknown things, at this time, and we don't know if we can even get loans. The letter you received was a vote of the majority of the board. 266 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 29, 2009 Regular Meeting 10 Wilson: The letter states that the infrastructure upgrade would suffice in serving the area with growth patterns as they have been over the last 20 years. Alternative 1 population figures seem to be supported by the growth patterns over the 20 years. Are you indicating that the one million dollars to bring the plant up to date would be able to support that over the next 20 years? I know that substantial offers have been made by developers in the area in excess of that amount for those upgrades. Would that be a significant source of revenue to help you with that? How would you come up with it otherwise? Watkins: The plant does need to be fixed and brought up to the standards of 2009. It's been almost 25 years since anything has been done to it. We have to do that regardless. hat happens in the planning process. Stiv*,. .�y'r's Menzies: Are you under an order from the DOE to make those Watkins: Basically they have standards we have to meet. Mann: We have been hearing about this Foothills proj4tgY* years and no one ha�� ,told me how all of these upgrades are going to happen. There's not h money tosmake it happe s 0 if we just go ahead and allow a bunch more houses to be put in 1- , that west putting an a8lonal burden on the existing services, residents and the County. Th t es ggt t a UGA there Melious: Does the County have concurret 1 equirements `hermit requirements so there is assurance that this will be handled and j w will develop . proceed without the infrastructure? Aamot: We do have concurrency requir to get a letter from the water or sewer d can be approved. .1\41 \\11_ Melious: Does that met Pat the 6 Aamot: No. It means ey have requires is a letter from' rvici how it's paid f r. The co , ncy or e doe and . _ his area. Menzie'; heard testimon you study. Whole i�d for Birch Bay cc nd sewer. The developer has toposal before a subdivision is gofffl- b be paying for it? water and sewer purveyor. What the County fan serve it. The provider has to determine apply to State highways, however, which are the main routes in ari'W,, orporation study and someone mentioned a revitalization -poration study? Menzies: Would thefay for a study in the Foothills? Aamot: There is no study planned now, but in the implementation chapter there is mention of an incorporation study which would be County funded. Menzies: To me it seems unlikely that this area would incorporate in the next 20 years. Aamot: That's what the position of the plan is. 267 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 29, 2009 ular Meeti 11 Lesow: I have some concerns about some things in the staff report. One is the transportation study that was almost five years old and fundamentally flawed in its inception and very slipshod. The school enrollment data was wrong. The illusion was that it's going up when in reality it's going down. The idea that we need predictability so that what we thought would be a good idea in 1988 is something that we need to carry forward. People come and people go and I think that is going to happen in this area too. That's what people do. To go with something that we thought was a good idea in 1988 is not very persuasive for me. Menzies: I have a question about the letter we got from the County planning on building a library in the Kendall area. Would that be im Aamot: It would still be in the Small Town Commercial. Wilson: What kind of impact fees does the County get from in the rural areas? .tit Aamot: We don't get any impact fees at the current tii,�,,`fhere is Sy4`R'L b ` fee ordinance.".. Mann: Is there any reason you why you can't put a Sm LAMI RD? AX 4 stem. It states they are alternative 3? who put being done ses on five acre lots impact I zone just outside of the Aamot: The distinction is that you have exi' g"i ment, th6l%ft�.ted prior to 1990, in Kendall. Stalheim: I don't think that's likely.�klaiprmm`, ;, Menzies: What is the large atilt b nt Ian � hin the k1kD area? Aamot: Most of it is ots. Ell Wilson: A lot of work w to thi 6 'mmi and I think the plan is extremely representativ hat I, a ant m a i believe I heard. I do note that the public comment e is a etween what p le say they want. One thing that was hard for me to ignore s the ` k, etitio • rn the Slavic community, signed by 115 people, saying they want to b �. o walk to se�rr ti In t mprehensive Plan there is a mandate to draw a firm distinction betw�rban and rural. •area i aaan and needs urban services. Vote on m'� to retain a ll -Alin the Columbia Valley as recommended by the staff report: Roll Call Vo es - Hunte elious, Wilson; Nays - Lesow, Mann, Menzies, Steensma; Abstain - 0; A t - Belis. : urdge. The motion failed. Hunter moved to a staffs recommendation both in regards to the UGA and population. Wilson seconded. 4 Lesow: I'm uncomfortable with the 5,000 population figure. It seems like an arbitrary figure that was pulled out of the air. Stalheim: 5,000 is the current Comprehensive Plan allocation number. It is not an arbitrary number. Lesow: Do we have any figures of exactly what the population is? O 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 29, 2009 Regular Meeting 12 Aamot: For the Columbia Valley what we did was look through our GIS system at the Assessor's records that coded parcels for dwellings to figure out how many dwellings there were. There are approximately 1,381. We then looked at vacancy based upon water district records. We looked at dwellings that were using a lot of water versus ones that were using no or little water to try to determine how many were vacant and seasonal. We then applied the person per household figure from the 2000 census to come up with the estimate of the 2006 population. Lesow: For a resort area like this the population varies. Aamot: A lot of the Columbia Valley has transitioned from seasonal topj�n"anent housing because of the affordability of homes there. �'` %606 Mann: This was not originally a good place to put urban growth1,,P�a variefy��f.!easons. Is the cure then to add more people? I like the concept of Balfour Villagsi�-pout I have a prd s ' with the location. If we do make this a UGA we don't have any assurances t `t"NO,ifour Village will ,i happen or happen the way it's been planned. There is a lot of hope and "fins placed on the U Balfour Village as the savior of the Columbia Valley. Having a lot of�k' is not really planning. I do ow that w." adding a lot more people will bring a grocery store, h •,44ndustrial a qbs. titi,4 Hunter: It seems that by maintaining the current populatibM`rc;t~ h4� looking, in the short term, to bring in a largeeopulation, an -I looking to figure out a way to have the ser "e .ovided to this,, f to this. There is a substantial number of p P4�e 1 :. re that mo, moving into a UGA and services might be c�ang to t some they need services.', and extending it we are not has happened so far. We are ation. That is the only upside I see there with the idea that they were '�ti Even if they didn't think that Melious: Planning is alwayI�%i dark.a,`a lot of ho'and it's beyond our control. My problem with the alter,n rawin aline aro: hat we have when I don't think anyone is happy with what we have. ��_ drawing thi e and w g our hands of it is not planning. I think we need to provide services o�w`; re. Menzies: I w bring toy `iron fin7t \ " of the reasons I originally supported staff's recommend'. terns was that it woia rovide some commercial uses in the core area. Finding: ates rages ' .lopment in urban areas where adequate public facilities and servi • �- ist or can be ded . k fficient manner." The Foothills is not a place where I think we shod urbanizing. The` bene i he reduced UGA, with the 5,000 population figure, is that it will prow. ome of those s es tha `e community is lacking now. I think the people there need to have a se • ., f community a core area. Wilson: I want ress inf'cture. I think the reason it's in the state it's in is because good planning hasn't h•• ed his is a UGA that hasn't been allowed to grow, develop and succeed the way that was on , Il��w isioned. I think we may be a little too forward looking when we say there aren't adequate service . that those services cant be provided in an efficient manner. The way I view the subarea plan and the way it was created was designed to actually try and mitigate some of the problems that have occurred from poor planning in the past and to create a more efficient land use model which would force any new development into a small area where services exist. Mann: Since when has 5,000, or any other population projection, been a cap? Even though I want these people to have some services I don't see how the UGA actually makes that happen. 269 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 29, 2009 ular Meeting 13 Hunter: I don't think the 5,000 is a cap, it's meant to be used as a planning figure. Hopefully, associated with that figure will be policies to provide services commensurate with that projection. The difference between what I think might happen, if it's still a UGA, and for certain will not happen, if it is a series of LAMIRDs, is a thoughtful preparation of plans for where the population will go, what resources will be made available and how they will be paid for as part of a UGA. We need to keep in mind that whether it's a LAMIRD or UGA people will continue to move in there. The difference will be that there would be more planning with a UGA. Lesow: Let's not loose sight of the fact that there are rural values we need��"'� ddress. Those rural values are different that urban values. We need to honor that. We alsoTaei to remember that this is the Foothills Subarea Plan not the Columbia Valley Subarea Plan. 1, re people outside of the Columbia Valley UGA that have legitimate concerns about what emplating. There are people in Glacier and Maple Falls that won't benefit from this UC�tiut will 4' ffected by it. Menzies proposed a friendly amendment that any ad4jt, �aI encroachme o 4 the UGA is delayed until the quantitative ground water study isn�pleted and the se we" R an is updated. Hunter: Can that be enforced? Aamot: We have existing lots out there. Are you talking Menzies: I'm saying no further develo Aamot: If someone has an individual lot Menzies: They could in the Hunter: What if there are, ted lots Menzies: 1 am Wilson: It see, at the place. It's . *` ti I to 500 o be 'm not a big belibI in a Hunter ai ted the ame at four u is in place land division? can acre. fbnsure that appropriate mitigation were in amendment seems redundant. A plan can take 5 mitigation we talk about. Wilson: I wouI& ` - o share thing from the letter we received from the Water District #13. It is the test results from t o s wells. "These sources are west of SR547 and indicate the following results: Well numbersd at 1,290 gallons per minute, for 12 hours, with a drawdown of 2 feet and instant recovery. umber 2 pumped at 475 gallons per minute, with a 10 inch drawdown and recovery within 3 minutes. These standards far exceeded requirements for residential or fire capacity." I'm not aware of an immediate need to have something as severe as what you are wanting in place before you can put something on the ground. I would be concerned that by putting something that severe in place, before you put something on the ground, you may not be able to attract that private investment that could pay for the level and quality of study that you might want to do. We talk about mitigation never happening but I think we should make mitigation a requirement for some of these things. Who is going to pay for it without the development? The area has about 1,200 septic systems 270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 29, 2009 Regular M 14 that are getting older and eventually something will need to be done with them and that has nothing to do with new development. The only way that will ever be mitigated is if we get in a financial position to deal with it. I don't want to do anything that would hinder the possibility of investment from the private sector. Menzies: So you don't have a concern about how development would impact the surface or ground water? Are you confident that all of the mitigating conditions will address all of those? Wilson: I think that the EIS has looked at those and these issues have beWffiNentified. Wilson asked for clarification on the sewer issue. Menzies clarified the motion to amend to read: There must b5',y'%"comojtt .d sewer plan prior to further land divisions at urban densities. tt�'"�' Menzies: I would like to know from one of the cornmiss,i. from Water District 9-4,;� this is something they would like to do before rather than a ti`T4s it doable within a reason 4 mount of time so that the community knows what to expect?.,q1 Richard Whitson: I don't believe I have the technical back`g t [ ` WWk a lot about this but I do know that three to four months out of the year v►! 4. Violate our BOD,p%' J y w �it so your comment that just because we have available connections doesn't m� an process ectly. That is a concern of mine. Menzies: So when you are looking at updatilti ,the p � Is some that you would consider? y ~y t � J Whitson: If you are askingit,' individual ul yes,• h: ant to be ve careful not to speak for the four other Wilson: How are we to get past.,~ issue? T' ; oney is an issue. Whitson: I can't speak ffi public. �. Wilson.. fd0bt accb''tffl a fri Les oNgro a political pn1a Couidered it. I a were a crazy, in th talk about admore rules lot of matters a ng to set further degradatiii n ifa40 coming up soon which is open to the ndment. view`' eptic inspection ordinance met a lot of resistance when oncer about an issue that occurred a few years ago, when we had over 1,000 outstanding code enforcement violations. When we Iegulations, particularly in an isolated area, I think you will find that a ough the sieve. What is going to happen is there is going to be are rules in effect. Menzies: I'm not talkinn"but new rules and regulations, I'm talking about something that they have to do anyway which is to update the sewer plant and I would like to see it done now rather than over the next 10 to 15 years. Lesow: Where would the oversight be? Stalheim: An updated sewer plan would have to be approved by the Department of Ecology. 271 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION January 29, 2009 ular Meetin Menzies then moved: There must be a completed sewer plan (approved by the Department of Ecology) prior to further land divisions at urban densities. Mann seconded. Wilson: Do you know the time frame for completion of the sewer plans for the two districts in the Columbia Valley? Aamot: I don't know. The motion to amend carried. Roll Call Motion: Accept the staff report recommendation for bot�igt UGA retention and figure and there must be a completed sewer Ian a ��*aed b the Department of population g p p (� Y p Ecology) prior to further land divisions at urban densities. der, Melious; Nays — Lesow, Mann, Menzies, Steensma; Abstain - Wilson; Absen`aBelisle;�u dge. The motion failed. Mann: Since both votes failed are we automatically sa,�r"ie want a LAMIRD? Melious: I don't see a lot of other alternatives. We and one has a LANIIRD. If we are saying no UGA answered the question. Stalheim: Should we have a positive Hunter moved to accept Alternative 3 of tj Hunter, Lesow, Mann, Menzies, Steensma Belisle, Burdge. The motioR34,1 910. The meeting was adjo Minutes prepared by 15 %1,, foreus fo0.4he Iternatives. Threave a UGA iatsus I%alternative, so I think we have 0ol effect? h `. fit Lesovl *onded. Roll Call Vote: Ayes — �Wilso 1 }Abstain — 0; Absent — David Stalheim, Secretary 272 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-055 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assi ned to: Council Committee Originator: , I . ,�.J 2126109 3117109 of the Whole Wendy Wefer-Clinton 1/� — (Executive Session) ME V L�ID Division Head 01) 2126109 Karen Goens: M AR 0 9 2009 Dept. Head.• HATCOM COUNTY Prosecutor: COUNCIL_ Purchasing/Budget: Executive: 3 7 0-/ TITLE OF DOCUMENT. ATTACHMENTS: SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes (X ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Strategy planning discussion and positions to be taken regarding Deputy Sheriff's Guild collective bargaining. (per RCW 42.30.140(4)(a)) COMMITTEEACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us/council. 273 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. WHATCOM COUNTY COUNCIL Special Committee Of The Whole February 10, 2009 Council Chair Seth Fleetwood called the meeting to order at 12:17 p.m. in the Council Conference Room, 311 Grand Avenue, Bellingham, Washington. Present: Absent: Barbara Brenner Bob Kelly Sam Crawford Carl Weimer Laurie Caskey-Schreiber L. Ward Nelson 1. DISCUSSION WITH SENIOR DEPUTY PROSECUTOR KAREN FRAKES REGARDING PENDING UGA LITIGATION (AB2009-018) Nelson moved to go into executive session to discuss this item for 15-20 minutes. Motion carried 5-0 with Caskey-Schreiber out of the room. OTHER BUSINESS ADJOURN The meeting adjourned at 12:53 p.m. Jill Nixon, Minutes Transcription The Council approved these minutes on , 2009. ATTEST: Dana Brown -Davis, Council Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Seth Fleetwood, Council Chair Special Committee of the Whole, 2/10/2009, Page 1 274 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. WHATCOM COUNTY COUNCIL Regular County Council February 10, 2009 Council Chair Seth Fleetwood called the meeting to order at 7:00 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. Present: Barbara Brenner Sam Crawford Carl Weimer Laurie Caskey-Schreiber L. Ward Nelson FLAG SALUTE ANNOUNCEMENTS There were no announcements. MINUTES Absent: Bob Kelly Brenner moved to approve the minutes items with one amendment to the Regular County Council for January 13, 2009 minutes. Motion carried unanimously. 1. SPECIAL COMMITTEE OF THE WHOLE FOR OCTOBER 21, 2008 2. REGULAR COUNTY COUNCIL FOR NOVEMBER 12, 2008 3. REGULAR COUNTY COUNCIL FOR NOVEMBER 25, 2008 4. COMMITTEE OF THE WHOLE FOR JANUARY 13, 2009 5. REGULAR COUNTY COUNCIL FOR JANUARY 13, 2009 6. COMMITTEE OF THE WHOLE FOR JANUARY 27, 2009 7. REGULAR COUNTY COUNCIL FOR JANUARY 27, 2009 OPEN SESSION The following people spoke: Whatcom County Council, 2/10/2008, Page 1 275 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Kris Ungern, 2095 North Shore Road, submitted and read from his comments (on file). The Council has ducked its responsibility and made the temporary building moratorium effectively permanent. The focus on nonconforming structures in the Shoreline Master Plan appears to be a bureaucratic end run around properties that should be grandfathered by virtue of having been in compliance with regulations in effect at the time of original construction. There are arbitrary rules on setback, impervious surface limits, and dock dimension limits that do not address differences in property size, slope, shoreline type, and water depth. The Council approved the changes by resolution, which isn't legal, without even reading the resolution. He asked if the Council will incorporate public comment or pre - decide the final product, which seems to be its normal manner of doing business. Bruce Deila, Bellingham, stated he is homeless. Hotels require credit cards to rent a room. That affects different types of people, including those who are homeless, flood victims, university students during school breaks, mortgage crisis victims, and the elderly who are forced out of nursing homes due to rising healthcare costs. He read from a recent article from the Seattle Post-Intelligencer called "Even Elderly are Facing Eviction." Seattle University's closure of its nursing home coincided with the Union Gospel Mission's action to evict the homeless from the streets, parks, and libraries and into a day center. When they talk about getting people off the streets, they could be talking about these elderly people who have been forced out. The homeless aren't just undesirables. They're talking about taking away their freedoms. He asked the Council to enact a law that prohibits motels from requiring a credit card to rent a room. Brenner stated she contacted a representative from the Homeless Project, who provided her with a list of six to ten motels around Whatcom County that rent without requiring a credit card. She can make that list available. Deila stated the problem is the trend across the country for motels to require credit cards, particularly during the mortgage crisis and a failing economy. The local government needs to take a stand. Dennis Jones, 122 Sudden Valley Drive East, Bellingham, stated he observes the watershed in a position with the Cooperative Extension. Seattle University also works with the Franciscans in a truly ecumenical group. They try and get people to find common ground. It is a worldwide effort. The interim moratorium on subdivisions in the Lake Whatcom watershed as it is doesn't work well. The land clearing ordinance of November 2003 does tend to work. Move the non -building period from seven months to six months. Look at when the fish are spawning, and move to six months. It's impractical at this time. There's no excuse for the County Council to not have paid for a State Environmental Policy Act (SEPA) impact for the Chuckanut Mountain parks district. The Boundary Review Board was forced to turn it down. There is no excuse for 20-acre parcels on Squalicum Mountain to not be required to have an environmental impact statement (EIS). It is significant. Last, the interim ordinance prohibiting subdivisions in the watershed must continue. It should be tightened up so no one can turn forestland into subdivisions. Tighten it up to deal with five- to twenty -acre parcels. Jan Eskola, Glacier Chamber of Commerce Member, stated they request funding from the Lodging Tax funds collected in the Glacier area. The Lodging Tax Advisory Committee did not give them a reasonable opportunity to present their proposal. There was no notice Whatcom County Council, 2/10/2008, Page 2 276 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. of the meeting. There is no schedule or information on the County website about the committee. No one represents the community and businesses of Glacier to promote tourism. It is a nonprofit corporation registered with the State of Washington with 31 members in the Glacier area. The Glacier Chamber of Commerce mission is to provide information about Glacier, and to promote and maintain the uniqueness of their rural community. Tourism is essential. They must promote the area. She described Chamber events. Currently, 15 lodging businesses in the Mt. Baker Foothills pay into the lodging tax. Fourteen of those businesses are located in Glacier. Those tax funds should be distributed to the Glacier Chamber of Commerce. RCW 67.28.187 gives the County Council the authority to grant this request. Ellen Baker, Glacier Chamber of Commerce, stated she made a public records request for all the expenditures paid from the fund since the year 2000. From the information she received, many expenses have been paid from that fund that are inappropriate for tourism, such as the printing of Parks Department brochures, expenditures to recipients under contract, operating costs for the Glacier restrooms. The need for the restrooms was a public health concern. In 2008, they paid over $232,000 in Public Works revenue to the County. This operating expense was from the tourism fund. She questions that expenditure. It's wrong. She will put all the details in a follow-up email to the Council. The tax base in the area is over $162 million. Glacier is a viable tourist area. Don't use tourism funds for public health issues. Dannon Traxler, 709 Dupont, Bellingham, stated she represents several clients with shoreline properties. Clarify the variance issue. Variances are very difficult to obtain. A person has to prove hardship. The State Department of Ecology (DOE) rarely approves variances. She's concerned about the process. Staff recommends passing a resolution tonight, which doesn't make sense if they are going to schedule a public hearing. The purpose of a public hearing is to hear the public's concerns and possibly make changes in response. She asked for an explanation. Weimer stated this item is scheduled to be introduced to the Council tonight and a public hearing at the next meeting. Traxler asked to schedule the public hearing in March, not February, to provide more time for the public comment period. She didn't know that the public comment period has been open all this time, so the general public didn't know it either. There was no opportunity to comment on DOE's substantive changes, so it would be nice to have adequate time to comment on this amendment package. Last fall, the Council directed staff to talk to DOE about the legality of the 150-foot setbacks. She asked for an update on that issue and whether there have been substantive comments. Mary Dickinson, Building Industry Association Governmental Affairs Director, asked why the Council would approve a resolution, not an ordinance, regarding the shoreline amendment package. According to the County Charter, resolutions do not have the force of law. However, those amendments will have the force of law. Staff has taken the opportunity to write entirely new amendments. Section (N) includes a rewrite of part of the Whatcom County Council, 2/10/2008, Page 3 277 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. critical areas ordinance. If they want to do that, the Shoreline Master Program is not the place to do that. Get County legal staff to write a comprehensive analysis on this resolution issue and the critical areas ordinance in relation to the Anacortes and King County cases. Everyone is confused, so more time would be helpful. The County staff and councilmembers are confused. March would be a better time to do the public hearing. The February 24 agenda is packed. Bob Wiesen, 3314 Douglas Road, stated the Building and Code Division and Planning Department need a change of attitude. They should ask how to help people instead of how to stop people. People who have a right to do projects are frustrated by being obstructed illegally or inappropriately. The public process is really falling down. The Planning Commission treated the members of the Foothills Subarea Plan planning group atrociously. They won't get various public interests to participate if they discount all that hard work. Dave Pros, 1466 Roy Road, submitted a handout (on file). He agrees with Bob Wiesen about the public process. There has been very little public process for the population projection exercise. The public process that has occurred has been disregarded. Encourage public process from the beginning. There has been no public dialog on the X and Y alternatives for the scoping process. The Planning Department should include a cost analysis for growth at various spots along the range of growth options. Use the projection of 219,000 from the Office of Financial Management (OFM). Using that projection will make the County compliant with the Growth Management Act (GMA) and eligible for funding. John Lesow, 317 Madronna Place, stated Mr. Wiesen shouldn't cast aspersions against the Planning Commission. The Planning Commission held a three-hour meeting. There were 58 letters the commissioners had to read before that meeting. Of those, 38 were opposed to the majority opinion. Nineteen were in favor of it. The public had a fair shake at that public hearing. Councilmembers should read the minutes of the Planning Commission and decide whether the public was fairly heard. They were. Chet Dow, 5491 Woodfern Way, Bellingham, stated he disagrees with Dave Pros' testimony that the public totally accepts the OFM projection of 219,000. That hasn't been established. All the comments made about public process are well -taken. Consider how to engage the regular people. PUBLIC HEARINGS 1. RESOLUTION TO SELL SURPLUS COUNTY PROPERTY BY PUBLIC AUCTION (AB2009-087A) Fleetwood opened the public hearing and, hearing no one, closed the public hearing. Nelson moved to approve the resolution. Motion carried unanimously. 2. ORDINANCE ADOPTING AMENDMENTS TO THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TITLE 20, TO INCLUDE REGULATIONS AND INCENTIVES THAT RESULT IN THE CREATION OF PEDESTRIAN ORIENTED Whatcom County Council, 2/10/2008, Page 4 278 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. STREETSCAPES IN URBAN GROWTH AREAS; AND ALSO ADOPTING AMENDMENTS TO CHAPTER 20.97 TO ADD DEFINITIONS THAT CLARIFY TERMS USED TO DESCRIBE ELEMENTS OF THE STREETSCAPE (AB2008-398) Crawford stated staff found a minor discrepancy about and made a change to the incentive section. The version before the Council has that minor change. People speaking should be aware of it. Fleetwood opened the public hearing and the following people spoke: Bill Quehrn, Building Industry Association of Whatcom County Executive Director, stated he thanks and commends the Council for accepting amendments last week. Adopt the ordinance. Bruce Deila, Bellingham, stated he thanks the Council for making America more pedestrian -friendly. It's difficult to walk around the country without any trails and walkways. Europe has trails and paths so people can walk anywhere. To hike the western coast of America, they have to go around private property and up onto the road in numerous places to navigate the system. In England, one can hike over 600 miles along the coast. Dennis Jones, 122 Sudden Valley East, stated he agrees with Mr. Quehrn. Leave flexibility for builders to get the job done. In his experience, the Planning Department is crowded and staff is busy. They're doing their jobs with the resources they have, while staying pleasant. The critical areas ordinance is Title 20 and where regulations have teeth. They can allow greater amounts of pervious surfaces versus impervious surfaces. He worries about the constant harangue against County staff and the Council. People have delayed the Lake Whatcom Management resolution since 1992. It's not done. He would like to help with a moratorium. John Lesow, 317 Madrona Place, Point Roberts, submitted a handout (on file). He and Ken Mann drafted this handout in 2005 and put it through the system and the Planning Commission. The concept is helpful to eliminate "apartment-villes" on the coming landscape. His examples include successful examples of ways to use dense zoning in the UGAs. He commended Erin Osborn, PDS Staff, for putting together the staff report. The Council should go on a tour of the development in Ladner, British Columbia. Once they have developed walkable communities with front porches and side garages, then they can move forward with developing the waterfront and nearby places to where people don't have to drive. He would like to see that be mandatory. Brenner asked if a requirement to recess the garage could cause more impervious surfaces. She asked if this kind of thing be done without increasing costs. She likes the pictures he sent. Lesow described the setbacks in the photos he sent. John Steensma brought up the question of impervious surfaces at the Planning Commission. Erin Osborne addressed that issue. The answer was that the amount of impervious surfaces wasn't that much more. Brenner stated the Council received comment from two of the local Cities who thought it is fine. A third local City was not happy, because it felt the County was imposing into its UGA. She asked if staff contacted all the Cities. She asked the reactions from those Whatcom County Council, 2/10/2008, Page 5 279 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Cities. Lesow stated he didn't make that contact. Respected developers have commented and support the regulations. (Clerk's Note: End of tape one, side A.) Lesow stated this is an opportunity for innovative zoning. Brenner asked who made contacts with the cities. Crawford stated the Council can ask staff that question after the hearing. Ken Mann, 710 E. Maryland Street, stated Mr. Lesow has done great work on this. The principle was not to make aesthetic improvements, although they are aesthetic improvements. Community improvements, not just pedestrian -oriented streetscapes, such as front porches, will put more eyes on the street and more people interacting. It's safer. Crime is reduced in neighborhoods like this. Hopefully they will get people out of their cars and walking. This is a small step. They're not imposing draconian overlays that will bankrupt builders and first-time homebuyers. The incentives are good. The regulatory steps will nudge them closer in this direction. There isn't a big downside. Hearing no one else, Fleetwood closed the public hearing. Caskey-Schreiber asked how to reinstate language that was removed. Fleetwood stated Councilmember Brenner, Nelson, or Crawford would have to move to reconsider the vote. Brenner stated she would like some answers from staff. She likes what she sees. She's having a hard time visualizing that it wouldn't cumulatively create much more impervious surface. She asked if there was any communication with the Cities. David Stalheim, Planning and Development Services Department Director, stated the staff sends out any ordinance amendment to neighboring jurisdictions for comment. The letters received are from those who commented. The City of Lynden provided a verbal comment. Mr. Lesow covered the issue of impervious surfaces. They considered impervious surfaces. The buildings are stepped back. Part of the notion that was in the package at one point was to allow buildings to go closer to the street, as compensation for that requirement. They would reduce front yard setbacks for these types of houses, in trade. The garage would be at the same point, but the house might be five feet further forward, for instances. Fleetwood stated the Council voted to delete Whatcom County Code (WCC) section 20.80.211. Crawford stated that language was mandatory, and required in all urban growth areas (UGAs) in Whatcom County, per the Planning Commission recommendation. They've removed the mandatory portion and kept the incentives proposed for planned unit developments. Whatcom County Council, 2/10/2008, Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Stalheim stated setback reductions are in WCC 20.85.109(6) as an incentive. That was the trade-off. Brenner stated she wants to table this issue, so they don't have to have another hearing. She'd like to call the Cities. Crawford moved to adopt the ordinance. They've taken out the requirement to do this in urban growth areas. The incentives remain. The Planning Commission had a good concept. Using incentives is a much better way to do things. He would support language in the code about yielding the regulatory and design standards in urban growth areas to the adjoining jurisdictions. Encourage the Cities to annex these areas and take total governmental and jurisdictional control over them, rather than having a gray area between County regulation and City regulation. It confounds development practices in those areas. He is willing to allow the Cities to have their say about development standards in these urban environments. No other county has implemented these kinds of design standards. The examples given were city standards. He is leery of the County imposing these kinds of standards. Caskey-Schreiber stated two of the Cities that have weighed recognize now that they have ultimate authority by deciding whether to extend services. That's why the Cities aren't concerned. They already have full control. Brenner moved to amend the ordinance to reinstate section 20.80.211 and add a sentence, 'This ordinance shall be in effect in UGAs where adjoining Cities approve." One or two Cities have already said they approve it. With this amendment, the requirement won't happen unless the Cities want it. She is sensitive about respecting the property that will be City property. They've already talked about using City standards in all UGAs connected to cities. This is an incentive. It is a tool for Cities to put through their own planning process if they want. Weimer stated he is fine with the amendment the way it is. This isn't a big regulation that applies to all UGAs. It only applies to short-term planning areas with public water, sewer, and stormwater collection and detention facilities, which is a very small area of the county. He suggested a friendly amendment to motion, "This ordinance shall be in effect in UGAs short-term planning areas where adjoining Cities approve." Brenner restated her motion to reinstate 20.80.211 with added language to .211(1), "...detention facilities and shall be in effect in UGAs in which the adjoining Cities approve; and...." (Clerk's Note; The Council did not vote on this motion to amend.) Fleetwood asked how difficult it would be for staff to deal with this condition. He asked how this would work. Stalheim stated it's not clear how the Cities would indicate their approval. He needed the Council to be more specific on how the Cities would indicate their approval. They don't want to ask the Cities to go through a process to adopt County standards. The County could ask the Cities for resolutions to agree to implement these standards. Whatcom County Council, 2/10/2008, Page 7 281 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Karen Frakes, Prosecutor's Office, stated the use of the word resolution' is always dangerous because it means different things in different places. To many non -charter counties, a resolution is the same as an ordinance. She's not sure what the local Cities call their statements of policy. Crawford stated he is against the motion. Councilmember Brenner should withdraw her motion. He agrees in spirit with the intent. To do this properly, they must do something at the level of the Comprehensive Plan, in terms of how the County deals with urban growth areas and what the County's relationships will be with the adjoining Cities. That can be done thoughtfully and methodically. Tagging a specific regulation about a specific issue isn't appropriate. There are many issues to which such a concept could apply. He would encourage the Council to look at this at a higher level. Decide on a policy level whether the County can work with the Cities to assist them in developing streetscapes that meet the needs of their urban design. He disagrees that this would apply to a small area. To begin development in most urban growth areas, they will be short-term planning areas by nature. They will require water and sewer provisions, by nature. This will apply to virtually all the urban growth areas in the county. They don't all have water and sewer today, but the development won't be triggered until water and sewer occurs, and this would apply. He's concerned about minimizing the impact of this. Nelson stated he's leery of dictating design standards. They're not out in the field dealing with each and every case. He is in favor of incentives for pedestrian walkways and increasing the use of people -friendly neighborhoods. He doesn't know what the stormwater requirements will be in those UGAs. The design standards will incur more expense and make it more difficult to protect the environment if they start requiring restrictions that don't fit the site. Brenner stated the regulations aren't all that tight. Most of her concerns have been addressed. If a site is part of a city or UGA, there will be stormwater facilities. That's covered. Cities have to collect the stormwater runoff, wherever it comes from. Her concerns were about whether there would be more impervious surfaces and about the Cities. She asked if staff can come up with language to put forward the intent of her amendment. Stalheim stated staff could. He would like to collaborate with legal counsel when developing that language. Brenner moved to hold in Council for two weeks. Motion to hold in Council carried 4-2 with Crawford and Nelson opposed. CONSENT AGENDA Crawford reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through four. Motion to approve Consent Agenda items one through four carried unanimously. 1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A LEASE AGREEMENT BETWEEN WHATCOM COUNTY AND CASCADE BUSINESS PARK Whatcom County Council, 2/10/2008, Page 8 282 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. FOR USE AS A SHERIFF'S OFFICE SATELLITE OFFICE FOR THE TERM FEBRUARY 1, 2009 THROUGH JANUARY 31, 2010 IN THE AMOUNT OF $10,164 (AB2009-104) 2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN INTERLOCAL COOPERATION AGREEMENT BETWEEN WHATCOM COUNTY AND THE WASHINGTON DEPARTMENT OF FISH AND WILDLIFE FOR MAINTENANCE AND OPERATION OF COOPERATIVELY MANAGED LANDS (AB2009-105) 3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #09-06 UPON REVIEW OF ALL BIDS AND THE SELECTION OF THE MOST APPROPRIATE VENDOR AS DICTATED BY SPECIAL CIRCUMSTANCES OF THE PARTICULAR JOB FOR THE PURCHASE OF ROCK GRAVEL AND SOIL FOR COUNTY ROAD MAINTENANCE PROJECTS (AB2009-106) 4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AUTHORIZE THE USE OF WASHINGTON STATE CONTRACT TO MOTOROLA AND DAY WIRELESS FOR THE PURCHASE AND INSTALLATION OF RADIO EQUIPMENT FOR SHERIFF'S VEHICLES IN THE AMOUNT OF APPROXIMATELY $60,000 (AB2009-107) OTHER ITEMS 1. ORDINANCE AMENDING TITLE 21, LAND DIVISION REGULATIONS, REGARDING GENERAL PROVISIONS, EXEMPT LAND DIVISIONS AND BOUNDARY LINE ADJUSTMENTS, SHORT SUBDIVISIONS, PRELIMINARY LONG SUBDIVISIONS, FINAL LONG SUBDIVISIONS, SURVEYS AND DEDICATIONS, AND DEFINITIONS (AB2008-404A) Caskey-Schreiber reported for the Planning and Development Committee. She moved to adopt the ordinance with amendments according to the recommendations in the memo on Council packet pages 70 and 71. Crawford moved to amend Whatcom County Code (WCC) section 21.04.150(1)(f) on Council packet page 102, "...as required by WCC 20.78." Motion to amend carried unanimously. Caskey-Schreiber moved to amend the ordinance by approving the recommended amendments in the memo from David Stalheim to the Executive and Council dated February 3, 2009 regarding Title 21 Proposed Changes, on Council packet pages 70 and 71. Motion to amend carried unanimously. Crawford stated he would vote for this ordinance. He has reservations. Through this process, they compromised quite a bit. He appreciates Planning Commissioner Mann for working on this. He appreciates all the staff who worked through this, also. He still has reservations. Mr. Stalheim suggested that the payoff would be a more efficient process in the long run. He hopes the net result of this ordinance would be a certainty that an Whatcom County Council, 2/10/2008, Page 9 283 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. applicant will be done with the process in about six month once the wetland data is submitted. He's skeptical that will happen, however he will take this at face value. Motion to adopt as amended carried unanimously. 2. APPOINTMENT TO FILL VACANCY ON THE OPEN SPACE ADVISORY COMMITTEE - APPLICANT: TODD SMELTZER (AB2009-098) Brenner moved to appoint Todd Smeltzer by acclamation. Motion carried unanimously. 3. APPOINTMENT TO FILL VACANCIES ON THE SOLID WASTE ADVISORY COMMITTEE— APPLICANTS: CALVIN DENHARTOG (APPLYING FOR WASTE COLLECTION INDUSTRY REPRESENTATIVE POSITION, FULL TERM EXPIRING ON 12/31/2011), ARTHUR REBER, & SHANNON TOMSEN (APPLYING FOR CITIZEN REPRESENTATIVE POSITIONS, ONE CITIZEN POSITION TO FILL PARTIAL TERM EXPIRING ON 12/31/2009, AND ONE CITIZEN POSITION TO FILL FULL TERM EXPIRING ON 12/31/2011) (AB2009-102) Weimer stated applicants Renee Coe and Shannon Tomsen are both in the group that challenged solid waste stuff to the Utilities and Transportation Commission (UTC). He sent them both an email and asked them which of the two they preferred to be on the Solid Waste Advisory Committee (SWAC), if it made a difference to the Council. If they want to split the citizen positions, Renee Coe was the one applicant that they preferred the Council to appoint. Crawford stated another, unnamed applicant applied for this committee a couple of weeks ago. He asked if there is litigation by Renee Coe and others, also. Weimer stated they have a complaint to the UTC against the hauler in Point Roberts. Crawford asked about the issue with the applicant a few weeks ago. Weimer stated the County is in a legal situation with that applicant. Crawford asked if the County is not in a legal situation with these applicants. Weimer stated the County isn't in a legal situation with them. Fleetwood moved to nominate all applicants for the positions to which they've applied. Brenner stated some of the councilmembers asked some of these citizens to apply for the SWAC, because they seemed to have a wealth of knowledge. Arthur Reber just moved to the area. Shannon Tomsen and Renee Coe have a history of involvement. She likes that these two can hit the ground running. Waste Collection Industry Representative Whatcom County Council, 2/10/2008, Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Fleetwood stated there is one applicant to this position, Calvin DenHartog. Motion to appoint Calvin DenHartog carried unanimously. Citizen Representatives Crawford stated the applicants are Renee Coe, Arthur Reber, and Shannon Tomsen. He voted for Reber and Tomsen. Brenner stated that the person who gets the most votes would be appointed to the full term. Weimer voted for Reber and Coe. Fleetwood voted for Coe and Reber. Brenner voted for Reber and Coe. Nelson voted for Reber and Tomsen. Caskey-Schreiber voted for Reber and Coe. The Council appointed Arthur Reber to the full term position and Renee Coe to the partial -term position. 4. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF KEN OPLINGER TO THE LODGING TAX ADVISORY COMMITTEE (AB2009-109) Crawford moved to confirm the appointment. Motion carried unanimously. S. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S REAPPOINTMENT OF SYLVIA THORPE AND PHIL SHARPE TO THE WHATCOM COUNTY ETHICS COMMISSION (AB2009-110) Crawford moved to confirm the reappointments. Motion carried unanimously. Brenner stated she would like an update on the Ethics Commission. 6. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF STEVEN BURGER TO THE SUBSTANCE ABUSE ADVISORY BOARD (AB2009- 111) Crawford moved to confirm the appointment. Motion carried unanimously. Whatcom County Council, 2/10/2008, Page 11 285 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. 7. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF JOEL BERGSBAKEN AND THE REAPPOINTMENT OF BILL ELFO AND SHIRLEY FORSLOF TO THE AMERICAN'S WITH DISABILITIES ACT (ADA) COMPLIANCE COMMITTEE (AB2009-112) Brenner moved to confirm the appointments. Motion carried unanimously. INTRODUCTION ITEMS Caskey-Schreiber moved to accept the Introduction Items, including the substitute for Introduction Item three. Motion carried unanimously. 1. RECEIPT OF APPEAL OF HEARING EXAMINER'S DECISION ON APL2008-0023 FILED BY PHILIP BURI, ON BEHALF OF THE CITY OF BELLINGHAM, REGARDING SEWER SERVICE TO NORTH SHORE ESTATES (AB2009-100) 2. ORDINANCE AMENDING THE 2009 WHATCOM COUNTY BUDGET, SECOND REQUEST, IN THE AMOUNT OF $1,084,653 (AB2009-113) 3. RESOLUTION DECLARING THE COUNCIL'S APPROVAL AND INTENTION TO ADOPT THE FEBRUARY 10, 2009 AMENDMENTS TO WHATCOM COUNTY CODE, TITLE 23 — SHORELINE MANAGEMENT PROGRAM (AB2008-303C) OTHER BUSINESS Brenner stated she scheduled two short, generic discussions in the Public Works Committee about some issues that have come forward. Yesterday she received a copy of a memo from the Public Works Director, who expressed concern about the type of agenda items appearing on the Public Works and Safety Committee agenda. She reviewed the agendas for the past year. All the items scheduled in the Public Works Committee have come from the Public Works Director or Executive, except for three items. Two of those three items didn't involve the Public Works Department. There was one item in over a year that she put on the agenda, which didn't come from the administration, that required a response from the Public Works Department In the memo, the director mentions stop sign issues. She has been forwarding a stop sign issue to the Public Works Director's office. She's received and forwarded complaints from citizens on Brown Road and Vista Drive, who said they didn't get a response from the administration. She read from her comments to those residents, which expressed her belief that Public Works staff was busy responding to recent flooding. She was shocked to see the memo from the Public Works Director to the Executive. Caskey-Schreiber stated there are a lot of little things that Councilmember Brenner brings forward. To be respectful of staff time, Councilmember Brenner could email staff Whatcom County Council, 2/10/2008, Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. with a list of things to talk about. Staff can look at their schedule and try to find a good time when staff is available to address all the items at once, rather than being reactive to one citizen complaint at a time. The Public Works staff is in a bad situation trying to recover from all of the damage the County incurred with the recent flood and snow events. She understands both perspectives. Find a way to make the committee more supportive of them while helping the public. It sounds like the staff wants more time to prepare. Brenner stated the only reason she scheduled these discussions was because there was already an item scheduled on the committee agenda from the Public Works Department. At the last minute, that item was transferred. She wouldn't have scheduled anything otherwise. She has been respectful. As long as staff was going to be at the committee meeting anyway, she thought they could have a generic discussion. Councilmembers Kelly and Nelson were also interested to have that discussion, so she wasn't off on a tangent. She has been trying to be respectful, and thought she was doing a good job. Executive Kremen can tell her what to do better next time. REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS Caskey-Schreiber stated the flood tour she took in the Acme Valley showed damage that was very shocking. It made her think twice about where the County allows homes to be built. (Clerk's Note: End of tape one, side B.) Caskey-Schreiber continued to state that she doesn't know what course of action the County has available to assist them, but it's frightening. ADJOURN The meeting adjourned at 8:36 p.m. Jill Nixon, Minutes Transcription The Council approved these minutes on ATTEST: Dana Brown -Davis, Council Clerk 2009. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Seth Fleetwood, Council Chair Whatcom County Council, 2/10/2008, Page 13 287 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. WHATCOM COUNTY COUNCIL Special Joint Committee Of The Whole/Planning Commission February 17, 2009 Council Chair Seth Fleetwood called the meeting to order at 6:15 p.m. in the Council Conference Room, 311 Grand Avenue, Bellingham, Washington. Councilmembers Present: Absent: Barbara Brenner None Bob Kelly Sam Crawford Carl Weimer Laurie Caskey-Schreiber L. Ward Nelson 1. SPECIAL JOINT PLANNING COMMISSION/COUNTY COUNCIL MEETING - EXECUTIVE SESSION DISCUSSION OF UGA ISSUES Caskey-Schreiber moved to go into executive session to discuss this item. Motion carried unanimously. OTHER BUSINESS ADJOURN The meeting adjourned at approximately 7:00 p.m. Jill Nixon, Minutes Transcription The Council approved these minutes on ATTEST: Dana Brown -Davis, Council Clerk 2009. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Seth Fleetwood, Council Chair Special Joint Committee of the Whole/Planning Commission, 2/17/2009, Page 1 Ko WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2009-130 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Kraig Olason 2/11/2009 Surface Water Work Session ' V PCJE Q V F D 2/24/2009 Introduction FEB 17 2009 Division Head: K. Christensen �� 1Y L 2 �� 3/17/2009 Hearing Dept. Head: a/ F. Abart WHATCOM COUNTY Prosecutor: V 0.J11109 D.Gibson i— COUNCIL Purchasing/B t: B. Bennett !i Executive:ry1 P. Kremen / TITLE O DOCUMENT: ADOPTING CHANGES TO WCC 100.07 - BIRCH BAY WATERSHED AND AQUATIC RESOURCES MANAGEMENT DISTRICT FUNDING MECHANISM -BY ADDING A NEW SUB -SECTION ALLOWING FOR CONSOLIDATION OF NON RESIDENTAIL CONTIGUOUS PARCELS FOR THE PURPOSE OF DETERMING STORMWATER FEES, ESTABLISHING PENALTY RATE FOR DELINQUENT ACCOUNTS AND IDENTIFYING . THE HEARING EXAMINER AS THE FINAL APPEAL AND ESTABLISHING A FINAL APPEAL FEE. ATTACHMENTS. ■ Memo ■ Proposed Resolution ■ Staff Report— Adjacent Lots Request SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( x ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date:3-12-09 SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an resolution or requires a public hearing, you must provide the language far use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Several changes are being proposed to WCC 100.07 — Birch Bay Watershed Aquatic and Resources Management District. They include: • A provision to allow consideration of the adjacent lots in calculations for non-residential fees (FCZD Board of Supervisors request). • Establishment of a defined penalty rate for delinquent accounts (request for clarification by Treasurer's Office). • Identifying the hearing examiner as the final appeal of the BBWARM. • Establishing a fee for the final appeal. This resolution would amend Resolution 2008-049 and 2008-050. COMMITTEE ACTION: COUNCIL ACTION: 2/24/2009: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number: 2008-049 & 2008-050 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wauslcouncil. SPONSORED BY: PROPOSED BY: PUBLIC WORKS INTRODUCTION DATE: RESOLUTION NO. 2009- ADOPTING CHANGES TO WCC 100.07, BIRCH BAY WATERSHED AND AQUATIC RESOURCES MANAGEMENT DISTRICT FUNDING MECHANISM, BY ADDING A NEW SUB -SECTION ALLOWING FOR CONSOLIDATION OF NON RESIDENTAIL CONTIGUOUS PARCELS FOR THE PURPOSE OF DETERMING STORMWATER FEES, ESTABLISHING PENALTY RATE FOR DELINQUENT ACCOUNTS AND IDENTIFYING THE HEARING EXAMINER AS THE FINAL APPEAL AND A FINAL APPEAL FEE WHEREAS, RCW 86.15.160 (4) authorizes a charge for the furnishing of service to those who are receiving or will receive benefits from stormwater control facilities and programs and who are contributing to an increase in surface water runoff; and, WHEREAS, the Birch Bay Comprehensive Stormwater Plan was adopted in 2006 and provides guidance on addressing or preventing current and future problems related to increasing flooding and erosion, declining water quality and loss of aquatic habitat as a result of increasing growth and development in the region; and, WHEREAS, in accordance with RCW 86.15.025, on March 13, 2007, a subzone of the Whatcom County Flood Control Zone District was established as the Birch Bay Watershed and Aquatic Resources Management District (Ordinance 2007-019); and, WHEREAS, on July 22, 2008, the Whatcom County Flood Control Zone District Board of Supervisors conducted a public hearing and following deliberations, authorized the collection of stormwater fees and established rates within the Birch Bay Watershed and Aquatic Resources Management District (Resolutions 2008-049 and 2008-050); and WHEREAS, the Whatcom County Flood Control Zone District Board of Supervisors at the public hearing held on July 22, 2008, requested that the Birch Bay Watershed Aquatic and Resources Management District Advisory Committee work with Whatcom County Public Works staff to develop a proposal to address whether or not to consolidate adjacent parcels for the purpose of calculating stormwater fees; and WHEREAS, the Birch Bay Aquatic and Resources Management District Advisory Committee has studied the options and has submitted a recommendation to address the Whatcom County Flood Control District Board of Supervisors request, and WHEREAS, the Treasurer's Office requested a penalty rate for delinquent accounts be established, and WHEREAS, the Board of Supervisors desires the establishment of a hearing body for final decisions on appeals to Chapter 100.07, and 290 WHEREAS, the Board of Supervisors desires to recoup the costs associated with processing and administering final appeals to Chapter 100.07, NOW, THEREFORE, BE IT RESOLVED BY THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS THAT: Section 1. Amendments added to Whatcom County Code Birch Bay Watershed and Aquatic Resources Management District as included in Exhibit A of this resolution. The new text is underlined, deleted text is stricken. Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of this resolution shall not affect or impair the validity of the resolution as a whole or any part thereof other than the part so declared to be invalid. ADOPTED this day of , 2009. ATTEST: WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS, WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Carl Weimer, Chair APPROVED AS TO FORM: Daniel L. Gibson, Assistant Chief Civil Deputy Prosecutor 2 291 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM STORMWATER 2011 Young Street, Suite 201 Bellingham, WA 98225 Telephone: (360) 715-7450 FAX: (360) 715-7451 whatcomcounty.us TO: The Honorable Pete Kremen, Whatcom County Executive, and Honorable Members of the Whatcom County Flood Control Zone District Board of Supervisors THROUGH: Frank M. Abart, Public Works Director FROM: Jon Hutchings, Public Works Assistant Director"° Kirk N. Christensen, P.E., Stormwater Manager KIIiG RE: Proposed amendment to Resolution WCC 100.107 Birch Bay Watershed Aquatic and Resources Management District Funding Mechanism. DATE: February 6, 2009 Please find enclosed for your review and consideration the proposed resolution to amend the Birch Bay Watershed and Aquatic Resource Management District Funding Mechanism and Rate Resolution (Res- 2008-049 & 050). Background and Purpose Several changes are being proposed to WCC 100.07 — Birch Bay Watershed Aquatic and Resources Management District. They include: • A provision to allow consideration of the adjacent lots in calculations for non-residential fees (FCZD Board of Supervisors request). • Establishment of a defined penalty rate for delinquent accounts (request for clarification by Treasurer's Office). Identifying the hearing examiner as the final appeal of the BBWARM. Establishing a fee for the final appeal. The adjacent lot proposal was reviewed with and is supported by the BBWARM Advisory Committee. Chapter 100.07 currently states that the Board of Supervisors "shall establish an appeal review body to hear appeals of the manager's decisions" this needs to be established ahead of any potential appeals that may arise from the 2009 tax mailing. The establishment of the penalty is also necessary to address any potential defaults during this first round of fee collections. Please contact Kraig Olason at extension 50782 if you have any questions or concerns regarding this proposed resolution. Enclosure 292 EXHIBIT A New language appears as underlined Deleted language appears as sett Chapter 100.07 BIRCH BAY WATERSHED AND AQUATIC RESOURCES MANAGEMENT DISTRICT FUNDING MECHANISM Sections: Article I. Funding Mechanism 100.07.010 Title. 100.07.020 Purpose. 100.07.030 Applicability. 100.07.040 Definitions. 100.07.050 Rate structure. 100.07.060 Billing. 100.07.070 Service charge adjustments and appeals. 100.07.080 Exemption. 100.07,090 Use of funds. 100.07.100 Lien for delinquent charges. 100.07.110 Severability. Article II. Service Units 100.07.200 Monthly unit rates. 100.07.205 Appeal of manager's final decision fee Article I. Funding Mechanism 100.07.010 Title. This chapter shall be titled "Birch Bay watershed and aquatic resources management district funding mechanism." (Res. 2008-049 § 1 (Exh. A § 1)). 293 100.07.020 Purpose. The purpose of this chapter is to provide for revenue for the Birch Bay watershed and aquatic resource management district, to plan, manage, design, construct, establish, acquire, develop, maintain, use, finance, operate, control, or improve storm and surface water control facilities, and to carry out activities related thereto. This chapter provides these revenues by fixing rates and charges pursuant to RCW 86.15.160 for the furnishing of service to those served or receiving benefits or to be served or to receive benefits from any stormwater control facility or contributing to an increase of surface water runoff in the Birch Bay watershed and aquatic resource management district. This authority is being invoked in order to minimize property damage, promote and protect the public health, safety and welfare, minimize water quality degradation by preventing siltation, contamination and erosion of the waterways, protect aquifers, ensure the safety of county roads and rights -of -way, increase educational and recreational opportunities, encourage the retention of open space, and foster other beneficial public uses within the Birch Bay watershed and aquatic resource management district. (Res. 2008-049 § 1 (Exh. A § 2)). 100.07.030 Applicability. The requirements of this chapter shall apply to all parcels of real property in the Birch Bay watershed and aquatic resource management district, including public and private property. (Res. 2008-049 § 1 (Exh. A § 3)). 100.07.040 Definitions. For the purposes of this chapter, the words or phrases below shall have the following meanings: A. "Agricultural parcel" means a developed parcel participating in the Whatcom County agricultural open space program. B. "Biofiltration" means the use of vegetation, including grasses and wetland plants, to filter and treat stormwater runoff as it is conveyed through an open channel or swale. C. "Board" means the Whatcom County flood control zone district board of supervisors. D. "County" means Whatcom County, or as indicated by the context, may mean the department of public works, public works director, county engineer, or other employee or agent representing the county in the discharge of his or her duties. E. "County roads" mean public rights -of -way, excluding state roads, in the unincorporated and incorporated areas served by the subzone. F. "Density" shall mean the percentage of the parcel that is covered by impervious surface area. For single-family residences, the density shall be determined by dividing the value of one equivalent service unit by the parcel size. For the purposes of this chapter, the "low -density designation" shall mean one to 10 percent; the "medium -density designation" shall mean 11 to 50 percent; and the "high -density designation" shall mean greater than 50 percent. 2 294 G. "Developed parcel" means a parcel of real property which has been altered by impervious surface coverage. H. `Enterprise fund" means a fund established to account for operations that are financed and operated in a manner similar to private business enterprises where the intent of the governing body is that the costs (expenses, including depreciation) of providing goods or services to the general public on a continuing basis be financed or recovered primarily through user charges. As such, enterprise funds must report actual financial position and results of operations such as actual assets, liabilities, fund equity balances, revenues, expenditures, and expenses. I. "Equivalent service unit (ESU)" means a configuration of impervious surface estimated to contribute an amount of runoff to the county's stormwater management system which is approximately equal to that created by the average single-family residential developed parcel in the service area. J. "Impervious surfaces" means hard -surfaced areas which prevent or retard the entry of water into the soil mantle and/or cause water to run off the surface in greater quantities or at an increased rate of flow than under natural conditions. Common impervious surfaces include but are not limited to rooftops, concrete or asphalt roads, sidewalks and paving, walkways, patio areas, driveways, parking lots or storage areas and gravel, hard - packed dirt, oiled or other surfaces which similarly impede the natural infiltration of surface water or runoff patterns existent prior to development. K. "Manager" means the county engineer or his/her designee. L. "Other developed parcel" means a parcel that contains impervious surface area and is not a single-family residence including at a minimum commercial, industrial, multifamily apartment, and public property. M. "Parcel" means the smallest separately segregated unit or plot of land having an identified owner, boundaries and surface area which is documented for real property purposes, and a tax account number assigned by the Whatcom County assessor -treasurer. N. "Service charge" means the subzone fee in an amount to be determined by applying the appropriate rate to a particular parcel of real property based upon factors established by this chapter. O. "Single-family residence" means a residential structure designed exclusively for occupancy by one family, including mobile homes and duplex units, as defined by the Whatcom County land use and development code. P. "Small single-family residence" means a parcel containing a single-family residence that has been determined to be covered by an amount of impervious surface area equal to or less than one-half the value of one equivalent service unit. Q. "State roads" mean state highway rights -of -way as defined in RCW 90.03.520. R. "Stormwater control facilities" means any facility, improvement, development, property or interest thereon made, constructed or acquired for the purpose of controlling, or protecting life or property from any runoff, storm, waste, flood or surplus waters wherever located within the county, and shall include but not be limited to the improvements and authority described in Chapters 86.13 and 86.15 RCW. S. "Subzone" means the Birch Bay watershed and aquatic resource management district. T. "Undeveloped parcel" means any parcel of real property which has not been altered by construction of any impervious surface area. 3 295 U. "Unit rate" means the dollar amount charged per ESU by the density designation. (Res. 2008-049 § 1 (Exh. A § 4)). 100.07.050 Rate structure. A. Service charges for the subzone are hereby authorized and imposed in amounts and on terms consistent with this chapter. B. The rates and service charges shall be based on the service provided and the relative contribution of stormwater runoff from a given parcel to the stormwater management facilities. The estimated or measured impervious surface area will be used to determine the relative contribution of stormwater runoff from the parcel. C. The board shall establish from time to time, by resolution, the value of one ESU in impervious surface area as measured in square feet. D. The board shall establish from time to time, by resolution, the unit rate per ESU by the density designation. Service charges shall be determined as follows: 1. Undeveloped Parcels. Undeveloped parcels shall not be charged. 2. Roads. State, county or city roads shall not be charged. 3. Single -Family Residences. The service charge for each single-family residence shall be the unit rate for the applicable density times one ESU. 4. Small Single -Family Residences. The service charge for each small single- family residence shall be the unit rate for the applicable density times one-half ESU. 5. Agricultural Parcels with Less Than One Acre of Impervious Surface Area, Excluding Driveways. The service charge for each agricultural parcel with less than one acre of impervious surface area excluding driveways shall be the unit rate for the applicable density times one ESU. 6. Other Developed Parcels. The service charge for all other developed parcels, including publicly owned properties, shall be computed by multiplying the unit rate for the applicable density times the number of ESUs on the parcel minus any approved rate adjustment for the parcel as determined under FCZD 100.07.070. There shall be a minimum service charge for all developed properties equal to the unit rate. (Res. 2008- 049 § 1 (Exh. A § 5)). 100.07.060 Billing. A. Property Tax Statements. Rates and charges as authorized by this chapter shall be added to and included in Whatcom County's annual tax statements. Properties which do not receive a property tax statement will receive a separate billing statement for these rates and charges. B. Payment Date. The total amount of the stormwater rate and charge shall be due and payable on or before the thirtieth day of April and shall be delinquent after that date; however, if one-half of such rate and charge is paid on or before the said thirtieth day of April, the remainder shall be due and payable on or before the thirty-first day of October and shall be delinquent after that date. C. Payment Application. If a payment is received in conjunction with a combined property tax and subzone service charge, and the payment is less than the amount due, the payment shall be applied first to the annual property tax of the parcel and any remaining amount to the subzone service charge. (Res. 2008-049 § 1 (Exh. A § 6)). rd 296 100.07.070 Service charge adjustments and appeals. A. Any person billed for service charges may file a request for service charge adjustment with the manager within 30 days of the date of the bill, on forms provided by Whatcom County Public Works — Stormwater Division. However, submittal of such a request does not extend the period of payment for the charge. B. A request for service charge adjustment may be granted or approved by the manager only when one or more of the following conditions exist: 1. The amount charged is in error; however, no adjustment will be made unless the parcel density designation is in error and/or if the parcel is nonresidential and the calculation of the impervious surface area on the parcel is shown to be in error by at least 10 percent, as demonstrated by a licensed surveyor or engineer; or 2. The parcel exists in its natural unimproved condition and will remain in its natural unimproved condition with no allowable human activities or manmade improvements that adversely affect water quantity or quality; or 3. The parcel contains a new or remodeled commercial building that utilizes a permissive rainwater harvesting system that is properly sized to utilize the available roof surface of the building; or 4. The parcel contains a properly maintained stormwater quality and quantity mitigation facility that meets the design requirements of the 1992 Department of Ecology Stormwater Technical Manual; or 5. The parcel includes a constructed or natural on -site stormwater mitigation facility that meets all of the following conditions: a. The constructed or natural facility provides stormwater detention, retention, water quality treatment, and/or conveyance; and b. The manager has determined that the property owner is capable of maintaining and operating the facility; and c. The facility is maintained by the property owner to the county's design specifications; and d. The facility is available for inspection by the county; and e. Excess facility capacity is accessible and available for other related public purposes; and f. The credit is revocable under conditions where the facility no longer operates at the design level established during the stormwater plan review/approval process. 6. The parcels are determined by the Manager to be contiguous and meet the definition of Section 4.12 of this Title — Other Developed Parcel. For contiguous lots to qualify for rate adjustment the appellant must demonstrate that parcels: a. are contiguous; and b. have a common or planned stormwater system; and c. are owned by the same entity, or if leased to a third -party, the owner has the responsibility under the lease, for maintenance of the stormwater system located on that _parcel; and d. the entity that owns the parcels also controls, owns, operates, and maintains the stormwater system. e. Lots determined to be contiguous by the Manager will be considered as a single lot for the purposes of fee calculations. G 297 f. It is the responsibility of the property owner to notify the Manager prior to any change in lot ownership, configuration or use that would result in non-compliance with the criteria a-d above. Fees will be recalculated to reflect any such change from the date of the change and applied to the individual parcels pursuant to the rate schedule in affect at the time of the change. C. Credit Calculation. The dollar amount to be credited for items determined eligible under subsection B of this section shall be a fixed percentage reduction not to exceed a cumulative total of 27 percent, based on the percentage of total program costs directly related to managing surface water volumes and water quality. 1. For qualifying permissive rainwater harvesting systems as provided for under RCW 36.89.080 and eligible under subsection (B)(3) of this section and qualifying stormwater quality and quantity mitigation facilities eligible under subsection (B)(4) of this section, the formula is expressed mathematically as follows: A = F x 10% Where: A = The credit amount to be subtracted from the monthly fee; and F = The total monthly charge without credit. 2. For water quantity and/or quality mitigation eligible under subsection (B)(5) of this section, the formula is expressed mathematically as follows: A=Fx27% Where: A = the credit amount to be subtracted from the monthly fee; F = the total monthly charge without credit. D. The following information will be required by the manager to determine eligibility for a service charge credit; additional information may also be requested if deemed necessary: 1. Approved stormwater plan certified by a licensed and qualified professional; 2. Calculations that support the basis for the service charge credit; 3. Signature of the person responsible for the accuracy of the credit application material; and 4. Other information, as required by the manager, to determine that the property owner is willing and has the capacity to maintain the facility. CM E. Service charge adjustments will only apply to the bill then due and payable and bills subsequently issued. The property owner shall have the burden of proving that the service charge adjustment should be granted. F. Decisions on requests for service charge adjustment shall be made by the manager based on information submitted by the applicant and by the county within 60 days of the adjustment request, except when additional information is needed. The applicant shall be notified in writing of the manager's decision. G. Decisions of the manager on requests for service charge adjustments shall be final unless appealed within 30 days of the date the decision to—.Tthe Whatcom County hearing examiner. flood eentr-el zone this iet board of s tall establish ,,, -Pp� „ body to hear- appeals ofthe ,fla ger-'s decision. Appeals of the manager's final decision must be filed with and on forms provided by Whatcom County Public Works — Stormwater Division. The hearing examiner shall review appeals to determine if the manager made any errors in the application of the rules, definitions and requirements of this chapter. (Res. 2008-049 § 1 (Exh. A § 7)). 100.07.080 Exemption. Property that is owned by, and is the personal residence of, a person or persons approved by the county assessor for a senior citizen or disabled persons property tax exemption under RCW 84.36.381 shall be exempt from the service charge. Any person eligible for this low-income, senior citizen, or disabled persons exemption shall be provided a refund of annual service charges for the subject property for the first year the exemption is sought and for up to three prior years; provided, that eligibility for each year has been approved by the assessor's office; and provided further, that refunds shall not be approved for any year prior to 2009. (Res. 2008-049 § 1 (Exh. A § 8)). 100.07.090 Use of funds. Service charges collected under this chapter shall be deposited into a special enterprise fund or funds to be used only for the purpose of paying all or any part of the cost and expense of administration, fee collection, maintaining and operating stormwater control facilities, all or any part of the cost and expense of planning, designing, establishing, acquiring, developing, constructing, maintaining, and improving the program and facilities of the Birch Bay watershed and aquatic resource management district. (Res. 2008-049 § 1 (Exh. A § 9)). 100.07.100 Lien for delinquent charges. A. Liens. Pursuant to RCW 36.94.150, Whatcom County shall have a lien for delinquent service charges, including interest thereon, against any property against which they were levied, which lien shall be superior to all other liens and encumbrances except general taxes and local and special assessments. Such liens shall be effective and shall be enforced and foreclosed as provided in RCW 36.94.150. Therefore, the county may commence to foreclose such liens 60 days after the attachment of the lien. 7 299 B. Interest. Delinquent service charges shall bear interest as provided in RCW 36.94.150 at the rate of eight percent per annum, or such rate as may hereafter be authorized by law, computed on a monthly basis from the date of delinquency until paid. Interest shall be calculated at the rate in effect at the time of payment of the charges regardless of when the charges were first delinquent. C. Penalties. Penalties of not mere dmn 10 percent of the amount due may shall be imposed in case of failure to pay the charges at times fixed by resolution, as provided in RCW 36.94.150. (Res. 2008-049 § 1 (Exh. A § 10)). 100.07.110 Severability. If any section, clause, or provision of this chapter be declared by the courts to be invalid, the same shall not affect the validity of the chapter as a whole or any part thereof other than the part so declared to be invalid. (Res. 2008-049 § 1 (Exh. A § 11)). Article II. Service Units 100.07.200 Monthly unit rates. A. The value of one equivalent service unit for the Birch Bay watershed and aquatic resource management district is hereby established to be 4,000 square feet of impervious surface area. B. The following monthly unit rates are hereby established for the Birch Bay watershed and aquatic resource management district: Density Range Unit Rate Low $5.02 Medium $6.26 High $8.72 100.07.205 Appeal of manager's final decision fee A. The fee for appeals to the manager's final decision as provided for in .070(G) of this chapter shall be $500.00. (Res. 2008-050). N. 300 September 23, 2008 DRAFT Staff Report: Adjacent Lots Request Staff. Kraig Olason, PW Stormwater Provided to: Birch Bay Watershed Aquatic and Resource Management District Advisory Committee The Whatcom County Council, acting in their capacity as the Whatcom County Board of Supervisors for the Flood Control Zone District, approved the Resolutions establishing authority to collect fees and rates for the Birch Bay Watershed Aquatic and Resource Management District on July 22, 2008. In the motion for approval, the Board of Supervisors requested the following: Nelson moved to direct the BBWARM Advisory Board review the rate for BP. He wants to see the impact of the rates based upon contiguous lots for BP. The Advisory Committee has a certain amount of money that it needs to collect. If they offset BP's fees, the citizens' rates will have to be increased. Make sure it's fair and equitable. Lot consolidation doesn't address stormwater. Fleetwood asked if the Advisory Committee already considered this issue. Olason stated the committee held firm to the idea that it is one parcel and impervious. The impact to BP would be to drop down to a lower density factor. They just look at total acreage and impervious surface. If they have to change it, they have to change it everywhere and apply it the same. It would be a geographic information system (GIS) exercise. Brenner asked if BP talked about lot consolidation. Olason stated he didn't think BP wanted to do lot consolidation. Motion carried 4-2-1 with Kelly abstaining and Crawford and Caskey- Schreiber opposed.. Crawford stated he won't support the resolution. Resolve these issues first. Motion to approve to resolution carried 6-1 with Crawford opposed. (Minutes from County Council Meeting — July 22, 2008) The provision to consider adjacent lots in determining the "density" factor provides a means to modify the density rate on the billable parcel by including the area from the adjacent undeveloped or partially developed lots in the "total parcel size" component of the density calculation. A density factor was included in the fee equation to address the greater impact of small, highly developed parcels as compared to large, relatively undeveloped property. For the most part, fees in the rural areas are among the lowest and the more urban areas are among the highest on a per ERU basis. Impervious surfaces play the biggest role in changes to natural watershed characteristics. For this reason the amount of impervious surface per parcel was used as the logical nexus for establishing stormwater charges. The current fee provisions embody this concept. Stormwater fees include a "fixed rate" and a "density" factor. The density factor reflects the percent of development of the lot and is determined by dividing the impervious 301 September 23, 2008 surface area by the total lot area. In other words, if the subject property was a 6,000 square foot lot, the total lot area would be divided into the Equivalent Residential Unit (ERU) - which is 4,000 square feet, to establish the density factor: 4,000 divided by 6,000 equals a density factor of 67%. For non residential properties, the total lot area is divided into the total impervious area of the lot. The Density Factors are comprised of. low density, 1-10% or $1.23 per ERU, medium density, 11-50% @$2.46 per ERU, and high density is greater than 50% @ $4.93 per ERU. A fixed rate of $3.79 is charged to each ERU. The rate payer in the example above would pay at the high density rate which would be $4.93 (Density Factor) plus $3.79 (Fixed Rate) which equals $8.72 per month. If the rate payer owned an adjacent lot that was also 6,000 square feet, under proposal to consider adjacent lots, the combined total square footage of both lots would be used as the lot size. In this case the formula would be 4,000 sq.ft divided by 12,000 sq.ft. with the resulting density of 34%. Since the "density" factor is less than 50%, the medium density charge would be applied, reducing the monthly rate from $8.72 to $6.25. Rates could be significantly reduced on commercial/industrial areas with large undeveloped parcels adjacent to the developed site. Fees need to be applied consistently across the watershed. Changes to the rate structure as adopted will have implications on the overall fee collection. As noted in the motion by the Board of Supervisors, any proposed change needs to be fair and equitable among all rate payers. Whatcom County Public Works staff, with GIS assistance from Planning staff, developed a list of properties that would be affected by this proposal. The methods used to identify the adjacent ownership for this study were not straight forward. Often names are different on the adjacent lots but paid by the same tax payer, or they may be in a different holding investment company. Parcels that were identified as "adjacent" were listed and fees were adjusted to reflect the fee that would be charged if the proposal were adopted. The estimate of annual budget impacts of the change in fee assessment included in the proposal is provided in Table 1 below Table 1 Summary estimating total costs of adjacent parcel proposal Monthly Annually Single Family $ 200.00 $ 2,400.00 Commercial $ 670.00 $ 8,040.00 Industry - nonBP $ 630.00 $ 7,560.00 Industry BP $ 2,605.08 $ 31,260.96 Grand Total $ 4,105.08 $ 49,260.96 The majority of the parcels affected by adjacent ownership occur in the residential areas. In all, 180 rate payers within the residential areas held adjacent properties. The financial PA 302 September 23, 2008 DRAFT impact as shown in Table 1 is negligible. Many of the properties are rural and would already be paying the minimum rate. Others did receive some savings — generally going from a medium to a low density rate — a saving of $1.23 per month or high to medium, saving $2.46 per month. A quick estimate indicated that total residential fees would be reduced about $200 per month. Commercial properties included 21 properties with adjacent parcels. A total of $670 per month fee reduction would result from the proposal. Only 3 rate payers received a reduction of over $100 per month. Industrial/commercial rates are the most affected by the proposal due to the typically higher number of ERUs per parcel. Calculating the implications of including adjacent parcels requires a clarification of adjacent ownership and regarding BP holdings, how to consider adjacent properties and their development when calculating a composite acreage. The following section provides some basic assumptions used in calculating the options associated with industrial properties. What should be considered adjacent property? Ownership of large blocks of property often involves ownership patterns that are fragmented by roads, right of ways and in some cases parcels in other ownerships. What is the relationship between parcels in view of stormwater impacts? How does ownership of undeveloped land translate into mitigation of stormwater impacts from developed land? These are among the questions that need to be evaluated against the current funding strategy that looks a developed "impervious surfaces" per parcel. A starting point would be to look at the adjacent parcel(s) that are "contiguous" and act as one parcel. In land use practice, contiguous parcels are considered those parcels that are adjacent and not divided or separated by a separate ownership, this could be publicly held road right of ways, railroad right-of-ways etc. In addition, since roadways are typically inclusive of drainage ditches, the existence of roadways would tend to isolate or significantly modify the natural flow of surface water between parcels on which are located on either side of the road. The calculations utilized in developing the funding impacts of considering "adjacent parcels" on the current utility include a view of adjacency as limited to parcels not divided by roads etc as described in the paragraph above. The Industrial funding assumptions are included in the two options below. The Assessor data indicates that only BP owns parcels that would be affected by contiguous issue as defined above. The other two properties affected, Puget Sound Energy and Chemco, are both comprised of two properties adjacent and not divided by any roads, right-of-ways or other privately held properties. The following tables evaluate the costs associated with two views of determining the impact of applying adjacent/contiguous lots. 3 303 September 23, 2008 Option 1 considers all impervious and all undeveloped property within the sections 7 and 8 of BP's property. This is the area where nearly all of the refinery activity is conducted. It includes the area that is draining into the stormwater treatment plant, but only for the purposes of identifying the overall impervious area included in the contiguous lots. ERUs are determined based on only the impervious area that drains into the Birch Bay Watershed. Utilizing both the total impervious area included in sections 7 & 8 as well as the total pervious area of 7 & 8 resulted in an overall density factor of greater than 60% which would be a high density factor charge on all of the ERUs. This approach actually increased the overall cost to BP. TABLE 2 OPTION #1 considerina adiacent/continuous parcels Ty pe HI/BP HI/BP HI/BP su btota I HI/BP HI/BP su btota I 107086341 385263 39.272429 1710707.02 0.225 ............. ......... _......__......_...................._....._...._.._........__.._..._.... .........._.._.... __.... 107317235 16619914 557.42879 24281598.1 0.684 . 107480470 267391 37.942578 1652778.68 0.161 172725681 634.64381 27645083.8 390108018023 ' 14929 0.47693251 20775.181 390108334207 39.5 _1720620 390108204081 (7 1611720 390108326085__ 3 _ 33.7 1467972 390108071094 25986 32.463195 1414096.75 390108074214 659885 39.812103 1734215.2 390108074352 5728121 39.474441 1719506.66 390108067476 3 1668348 390108191484 1 ' 38 1655280 390108336471......g......................... 390108204346 _...._.........�. 38 39.5 .............1655280 1720620 390108331342 38.5 1677060 _ 390108208209 40.6 1768536 358187481 1724. 61431 75124197. Total 53091316i 2359.2581i 102769281 adjusted -based on ERUs from ws portion of BP 0.018376 0.380509 0.333126 1 M 304 September 23, 2008 DRAFT Option 2 Table 3 provides a different approach to determining the area of impervious to include in the calculations. In this option only the impervious area within sections 7 & 8 that drains into the watershed is included in determining the density factor. In both options, the impervious area that is the basis for calculating the chargable ERUs was developed by the consulting services of RH2 from information provided by BP. The density factor for Option 2 was determined to be Medium and therefore reduced the current fee for BP. TABLE 3 Option #2 considerina oniv the portion of impervious within WS drainaae area Total impervious area from portion draining into WS 4858073 390107480470 1 38 390108018023 i 0.47693253 20775.181 ( .._ 390108071094 32.4631945 1414096.8 g 121029 1734215.2 _ _. .......... ....... ....... .......... ..... _..__._.... _____._..___.... ........... � _.........._...... _.... ._._._._....__ 08074 3901352 f 39.4744413 1719506.7 390108336471 38 16552801 ._.........................................................._........_..............................................a.........._............ -- -..............................._...._._................................................................................._._......._..-..._.._..._.._...__.........................................._..._..........................................................._........._....... _. _... �� 390108204346 i 39.5 1720620 390108331342 38.5 1677060 w _ _...._ .._.._ :. 390108208209 40.6 1768536i __. 390108334207 39.5 1720620 390108204081 _37 1611720 390108326085-y33.7 1467972 total 553 326671 19834030 0 244936 r _ ._. _......._ .... _v.._.._..___..__........_..... _........ -_ - _ _._ .......................................................... - ? ....... __W........................... IIIIIIIII IIIII lll�� 1214 3022.86 ___....;_ _ ..._...., ... _ ..... . __. .................. _..... _........_....... 3.79 4601.06 $ 7,623.92 Proposal #2 would reduce the current rate for BP by over $2,600 per month. This offset in revenue would amount to $32,000 per year. BP would receive about 63% of the total savings from the proposed change. 5 305 September 23, 2008 DRAFT Tracking costs would be cost prohibitive to account for the minor savings provided by the adjacency proposal for single family residential. Because properties are being bought, sold and subdivided, special flags would be required to track adjacent lot ownership to make this minor rate adjustment. This is difficult to automate and would require manual modifications to the billing data base. Any changes in ownership of any lots adjacent to and under the same ownership of a rate paying lot would require that the fee be reviewed and modified to reflect the reduced total acreage resulting form the property sale. In considering the Board of Supervisor's request to review and make a recommendation on the proposal: • Consideration needs to be given to the equitability of such a change to the fee structure to all rate payers (6.4% reduction of budget based on 2009 budget projections of $768,144). • Rate credits available should be reviewed to determine if they don't already provide an adequate means to mitigate fees as an incentive for stormwater friendly improvements. • Other issues beyond those included in this staff report should be explored as identified. • Methods to reduce the time and expense of applying this type of rate adjustment should be explored and included in any recommendation. The attached Maps (Exhibit 1 and 2) identify the location of the adjacent commercial and industrial properties. Z 306 September 23, 2008 DRAFT Staff Report: Adjacent Lots Request Staff Kraig Olason, PW Stormwater Provided to: Birch Bay Watershed Aquatic and Resource Management District Advisory Committee The Whatcom County Council, acting in their capacity as the Whatcom County Board of Supervisors for the Flood Control Zone District, approved the Resolutions establishing authority to collect fees and rates for the Birch Bay Watershed Aquatic and Resource Management District on July 22, 2008. In the motion for approval, the Board of Supervisors requested the following: Nelson moved to direct the BBWARM Advisory Board review the rate for BP. He wants to see the impact of the rates based upon contiguous lots for BP. The Advisory Committee has a certain amount of money that it needs to collect. If they offset BP's fees, the citizens' rates will have to be increased. Make sure it's fair and equitable. Lot consolidation doesn't address stormwater. Fleetwood asked if the Advisory Committee already considered this issue. Olason stated the committee held firm to the idea that it'is one parcel and impervious. The impact to BP would be to drop down to a lower density factor. They just look at total acreage and impervious surface. If they have to change it, they have to change it everywhere and apply it the same. It would be a geographic information system (GIS) exercise. Brenner asked if BP talked about lot consolidation. Olason stated he didn't think BP wanted to do lot consolidation. Motion carried 4-2-1 with Kelly abstaining and Crawford and Caskey- Schreiber opposed.. Crawford stated he won't support the resolution. Resolve these issues first. Motion to approve to resolution carried 5-1 with Crawford opposed. (Minutes from County Council Meeting — July 22, 2008) The provision to consider adjacent lots in determining the "density" factor provides a means to modify the density rate on the billable parcel by including the area from the adjacent undeveloped or partially developed lots in the "total parcel size" component of the density calculation. A density factor was included in the fee equation to address the greater impact of small, highly developed parcels as compared to large, relatively undeveloped property. For the most part, fees in the rural areas are among the lowest and the more urban areas are among the highest on a per ERU basis. Impervious surfaces play the biggest role in changes to natural watershed characteristics. For this reason the amount of impervious surface per parcel was used as the logical nexus for establishing stormwater charges. The current fee provisions embody this concept. Stormwater fees include a "fixed rate" and a "density" factor. The density factor reflects the percent of development of the lot and is determined by dividing the impervious 307 September 23, 2008 :: 1 surface area by the total lot area. In other words, if the subject property was a 6,000 square foot lot, the total lot area would be divided into the Equivalent Residential Unit (ERU) - which is 4,000 square feet, to establish the density factor: 4,000 divided by 6,000 equals a density factor of 67%. For non residential properties, the total lot area is divided into the total impervious area of the lot. The Density Factors are comprised of. low density, 1-10% or $1.23 per ERU, medium density, 11-50% @$2.46 per ERU, and high density is greater than 50% @ $4.93 per ERU. A fixed rate of $3.79 is charged to each ERU. The rate payer in the example above would pay at the high density rate which would be $4.93 (Density Factor) plus $3.79 (Fixed Rate) which equals $8.72 per month. If the rate payer owned an adjacent lot that was also 6,000 square feet, under proposal to consider adjacent lots, the combined total square footage of both lots would be used as the lot size. In this case the formula would be 4,000 sq.ft divided by 12,000 sq.ft. with the resulting density of 34%. Since the "density" factor is less than 50%, the medium density charge would be applied, reducing the monthly rate from $8.72 to $6.25. Rates could be significantly reduced on commercial/industrial areas with large undeveloped parcels adjacent to the developed site. Fees need to be applied consistently across the watershed. Changes to the rate structure as adopted will have implications on the overall fee collection. As noted in the motion by the Board of Supervisors, any proposed change needs to be fair and equitable among all rate payers. Whatcom County Public Works staff, with GIS assistance from Planning staff, developed a list of properties that would be affected by this proposal. The methods used to identify the adjacent ownership for this study were not straight forward. Often names are different on the adjacent lots but paid by the same tax payer, or they may be in a different holding investment company. Parcels that were identified as "adjacent" were listed and fees were adjusted to reflect the fee that would be charged if the proposal were adopted. The estimate of annual budget impacts of the change in fee assessment included in the proposal is provided in Table 1 below Table 1 Summary estimating total costs of adjacent parcel proposal Monthly Annually Single Family $ 200.00 $ 2,400.00 Commercial $ 670.00 $ 8,040.00 Industry - nonBP $ 630.00 $ 7,560.00 Industry BP $ 2,605.08 $ 31,260.96 Grand Total $ 4,105.08 $ 49,260.96 The majority of the parcels affected by adjacent ownership occur in the residential areas. In all, 180 rate payers within the residential areas held adjacent properties. The financial 2 1: September 23, 2008 FURNIM impact as shown in Table 1 is negligible. Many of the properties are rural and would already be paying the minimum rate. Others did receive some savings — generally going from a medium to a low density rate — a saving of $1.23 per month or high to medium, saving $2.46 per month. A quick estimate indicated that total residential fees would be reduced about $200 per month. Commercial properties included 21 properties with adjacent parcels. A total of $670 per month fee reduction would result from the proposal. Only 3 rate payers received a reduction of over $100 per month. Industrial/commercial rates are the most affected by the proposal due to the typically higher number of ERUs per parcel. Calculating the implications of including adjacent parcels requires a clarification of adjacent ownership and regarding BP holdings, how to consider adjacent properties and their development when calculating a composite acreage. The following section provides some basic assumptions used in calculating the options associated with industrial properties. What should be considered adjacent property? Ownership of large blocks of property often involves ownership patterns that are fragmented by roads, right of ways and in some cases parcels in other ownerships. What is the relationship between parcels in view of stormwater impacts? How does ownership of undeveloped land translate into mitigation of stormwater impacts from developed land? These are among the questions that need to be evaluated against the current funding strategy that looks a developed "impervious surfaces" per parcel. A starting point would be to look at the adjacent parcel(s) that are "contiguous" and act as one parcel. In land use practice, contiguous parcels are considered those parcels that are adjacent and not divided or separated by a separate ownership, this could be publicly held road right of ways, railroad right-of-ways etc. In addition, since roadways are typically inclusive of drainage ditches, the existence of roadways would tend to isolate or significantly modify the natural flow of surface water between parcels on which are located on either side of the road. The calculations utilized in developing the funding impacts of considering "adjacent parcels" on the current utility include a view of adjacency as limited to parcels not divided by roads etc as described in the paragraph above. The Industrial funding assumptions are included in the two options below. The Assessor data indicates that only BP owns parcels that would be affected by contiguous issue as defined above. The other two properties affected, Puget Sound Energy and Chemco, are both comprised of two properties adjacent and not divided by any roads, right-of-ways or other privately held properties. The following tables evaluate the costs associated with two views of determining the impact of applying adjacent/contiguous lots. 309 September 23, 2008 DRAFT Option 1 considers all impervious and all undeveloped property within the sections 7 and 8 of BP's property. This is the area where nearly all of the refinery activity is conducted. It includes the area that is draining into the stormwater treatment plant, but only for the purposes of identifying the overall impervious area included in the contiguous lots. ERUs are determined based on only the impervious area that drains into the Birch Bay Watershed. Utilizing both the total impervious area included in sections 7 & 8 as well as the total pervious area of 7 & 8 resulted in an overall density factor of greater than 60% which would be a high density factor charge on all of the ERUs. This approach actually increased the overall cost to BP. TABLE 2 OPTION #1 considering adiacent/contiauous parcels HI/13P 390107086341 385263 39.272429 1710707.021 0.225207 — _ ...... _ _.._..........-.- ... _...._.._......_....__� _...._._.__.._......------.._..._._._.._..__..........._....._..___.._.......... _...... ......... ..... _._.._... ,HI/BP_ 390107317235 16619914 557.42879...24281598.1 0.684465 HI/BP 390107480470........ .267391 37.942578 1652778.68 0.161783_............._.._...._........... __ _ �_.....�_ ._............__.._.__..__...._.._..................................... ._......_......_.........._._..._.........._..._.._......... _.. __ ...._...........y........ y_ _._........... ............ _..... ► su btota 1 17272568 634.6438 27645083.8 HI/BP mmmmm 390108018023 14929 0.4769325 20775 181 i 0 718598 �� ! HI/BP 390108071094 25986 32.463195 1414096.75; 0.018376 _ E HI/BP 390108074214 65988539. 112103 1734215.2 0.38 5509 _ HI/BP 390108074352 572812 39.474441 1719506.66I 0.333126 ........._..........................................................................................................................................................................................._....................._..._._...... ...._........_.._.._. ... ........................... . 08067476 38.3 1668348 3901,.._.._........................................ ............................................__.._>.........................................._............................................_....._.._........._....__..........._............ _ ----- _______ ----- '3 38 1655280 ........................................................................................_................................................................................................................ _................._.._._...................................................._......................................... ............. ............ ..... ........ ................ .......... ................... ................_..._.................. ......_ 108336471 38 1655280 I ....... �.. 390108331342 ._.—___._____ 38.5 1677060 390108208209� 40.6 390108334207^Y 39.5 172_06201 390108204081 _ 37 16117201 _ �...._..._..._..........._.__ I390108326085 1 .__......... � € su btota I 358187481 1724.61431 75124197.5 ..... __ . Tota 1 53091316 2359.2581 102769281 E1,8�66;1' adjusted -based on ERUs from ws portion of BP .._____ ______.. _ .... original estimate - 2/15/08 i a ° �'' w%;IUs erasily_Cos=Fixe d,ERU iFx nit C;` t KNEW9 4.93l 1214 5985 02 3.79' 4601.06 $ 10,586.08 adjusted -option 1 _. ................ ...... __. _ _._.__________.____ —__.__._.._....._............_......_......_ _ _._....__ _ _.....,_ . .... ........ _ Current Rate _ - - : $ 10,229.00 ` ......... ......... ......... ........ El 310 September 23, 2008 111 491 Option 2 Table 3 provides a different approach to determining the area of impervious to include in the calculations. In this option only the impervious area within sections 7 & 8 that drains into the watershed is included in determining the density factor. In both options, the impervious area that is the basis for calculating the chargable ERUs was developed by the consulting services of RH2 from information provided by BP. The density factor for Option 2 was determined to be Medium and therefore reduced the current fee for BP. TABLE 3 Option #2 considerinq only the portion of impervious within WS drainage area `Total impervious area from portion draining into WS 4858073 390107317235 60 ..._............................ _... ....._......_.__..... ........_...................._ _.._.._..........----...._..__....__.........._...._...._^-_..-_-.._...................---....-_...._.........................................--........-._........... ............. _—..._...._� 390107480470 38 r390108018023 _ 0.47693253 20775.181 390108071094 32.4631945 1414096.8 390108074214 ........ ------------- _..._......... _.__... ...... __.......... ... .......__.___.__............... ..._........ ..-__-_______ _ 390108074352 39.4744413 1719506.7 39010806MM 38.3 1668348 ?390108191484 38 1655280 390108336471 -_� �-_- � 38 � 1655280 ���-- ............................ .___._.._._._,.................................. _.._............ _............................................_._.............._................. .............. .._......................................... ........ ....____............_..........................................._...._........_........ .................................. .............. __.-..... ........ ..- - .._........ ........ 390108204346 39.5 1720620 _ 390108331342 m_.._ 38.5 1677060 -w _�390108208209 40.6 1768536 _..�_. ......... _. i390108334207 i 39.5 1720620 390108204081 37 1611720 1390108326085 - 33.7 1467972 total - 553.326671 19834030 493�� 2.49 12141 3022.86 3.79 _..... . �.................. ........__._ ........... 7;623.g2 Proposal #2 would reduce the current rate for BP by over $2,600 per month. This offset in revenue would amount to $32,000 per year. BP would receive about 63% of the total savings from the proposed change. iJ 311 September 23, 2008 DRAFT Tracking costs would be cost prohibitive to account for the minor savings provided by the adjacency proposal for single family residential. Because properties are being bought, sold and subdivided, special flags would be required to track adjacent lot ownership to make this minor rate adjustment. This is difficult to automate and would require manual modifications to the billing data base. Any changes in ownership of any lots adjacent to and under the same ownership of a rate paying lot would require that the fee be reviewed and modified to reflect the reduced total acreage resulting form the property sale. In considering the Board of Supervisor's request to review and make a recommendation on the proposal: • Consideration needs to be given to the equitability of such a change to the fee structure to all rate payers (6.4% reduction of budget based on 2009 budget projections of $768,144). • Rate credits available should be reviewed to determine if they don't already provide an adequate means to mitigate fees as an incentive for stormwater friendly improvements. • Other issues beyond those included in this staff report should be explored as identified. • Methods to reduce the time and expense of applying this type of rate adjustment should be explored and included in any recommendation. The attached Maps (Exhibit 1 and 2) identify the location of the adjacent commercial and industrial properties. on 312 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2009-118 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Cathy n J � b I h q February 24, 2009 Natural Resources Craver (v`I`'� V (� � (J� � � � D Committee Division Head: Oliver *� Grah - a� iqo� FEB 17 2UU9 February 24, 2009 Introduction to full Dept. Head: David I /� 2 Sialheim — r � WHATCOM COUNTY March 17, 2009 Public Hearin Prosecutor: Royce --77 � "Sf�'� Buckingham _ � COUNCIi. Purchasing/Budget: Executive: TITLE WF DOCUMENT: Ordinance amending the Whatcom County Code Title 20, Chapter 20.71, 20.80.635, and 20.80.735, to add the Lake Padden Watershed as a Water Resource Protection Overlay District, Stormwater Special District, and Water Resource Special Management Area ATTACHMENTS: Ordinance with amended Title 20 sections SEPA review required? ( X ) Yes ( ) NO Should Clerk schedule a hearing? ( X ) Yes ( ) NO SEPA review completed? ( X ) Yes ( ) NO Requested Date: March 17, 2009 SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Adopt an ordinance that would add the Lake Padden Watershed to the Water Resource Protection Overlay District, Stormwater Special District, and the Water Resource Special Management Area (Title 20, Chapter 20.71, 20.80.635, and 20.80.735). COMMITTEE ACTION: COUNCIL ACTION. 2/24/2009: Forwarded to Council for approval 2/24/2009: Introduced Related County Contract #. Related File Numbers: Ordinance or Resolution Number: Ord#2007-047, #2008-11, and #2008-035 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. 313 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 SPONSERED BY: PROPOSED BY: INTRODUCTIO14 DATE: ORDINANCE NO. AMENDING THE WHATCOM COUNTY CODE TITLE 20, CHAPTER 20.71, 20.80.635, AND 20.735, TO ADD THE LAKE PADDEN WATERSHED AS A WATER RESOURCE PROTECTION OVERLAY DISTRICT, STORMWATER SPECIAL DISTRICT, AND WATER RESOURCE SPECIAL MANAGEMENT AREA WHEREAS, Lake Padden is a high value recreation fishing and swimming lake utilized on a regular basis by many residents of Whatcom County; and WHEREAS, there are concerns that future development within the Lake Padden watershed will degrade the quality of water in Lake Padden; and WHEREAS, the preservation and protection of important recreational opportunities and water resources are a top priority of the Whatcom County Council; and WHEREAS, the potential development under the current zoning and proposed zoning may lead to irreversible harm to Lake Padden; and WHEREAS, the 2004 Final Environmental Impact Statement for the City of Bellingham; Bellingham Urban Growth Area; Five -Year Review Areas; and Whatcom County Urban Fringe Subarea states that urban run-off has contributed to the degradation of water quality in Lake Padden; and WHEREAS, Lake Padden is listed on Washington State's Water Quality Assessment [303(d)] list for Total PCBs; and WHEREAS, The creation of new development and building lots poses a serious risk to Lake Padden because of the creation of additional stormwater and impacts to the hydrology of the lake's watershed and corresponding increases in stormwater run-off into the lake; and WHEREAS, Whatcom County Code 20.71 has established a Watershed Resource Protection Overlay District to provide additional controls to preserve and protect unique and important water resources within Whatcom County; and WHEREAS, Whatcom County Code 20.80.635 has established Stormwater Special Districts to provide additional stormwater controls to preserve and protect unique and important water resources within Whatcom County; and WHEREAS, Whatcom County Code 20.80.735 defines Water Resource Special Management Areas to establish a more stringent standard for clearing activity in highly valued water resource areas within Whatcom County; and WHEREAS, the Whatcom County Council adopted Interim Ordinance #2007-047 amending the Whatcom County Code Title 20, Chapter 20.71, 20.80.635, and 20.80.735, to add Page 1 314 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 the Lake Padden Watershed as a Water Resource Protection Overlay District, Stormwater Special District, and Water Resource Special Management Area; and WHEREAS, Interim Ordinance #2007-047 has been renewed twice in 2008 (Ord#2008- 011 and #2008-035) WHEREAS, the Whatcom County SEPA official issued a Determination of Non - Significance on September 25, 2007; and WHEREAS, notice of the subject amendment was sent to the Department of Community, Trade, and Economic Development (CTED) and other agencies on June 4, 2008; and WHEREAS, The Whatcom County Planning Commission held a public hearing on this issue on July 10, 2008; and WHEREAS, RCW 36.70.795 requires the adoption of Findings of Fact to justify Council action, the Council makes the following Finding of Facts: 1. The zoning ordinance amending the WCC Title 20 is necessary to avoid future degradation of the Lake Padden watershed. 2. Without additional water resource protection within the Lake Padden watershed, impacts from future development and stormwater may cause irreversible harm to Lake Padden and cause harm to the health and welfare of the public. 3. The Whatcom County Council desires the opportunity to review development regulations related to the Lake Padden watershed to permanently address these health and safety concerns. 4. The preservation and protection of important recreational opportunities and water resources are a top priority of the Whatcom County Council. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Code Title 20 is hereby amended as indicated in Exhibits A, B, and C of this ordinance. ADOPTED this day of , 200_. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council Seth Fleetwood, Council Chair Page 2 315 1 2 3 4 6 g 9 10 11 12 13 14 15 APPROVED AS TSB FORM: Civil Deputy Prosecutor Page 3 WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON Pete Kremen, County Executive ( ) Approved ( ) Denied Date Signed: 316 EXHIBIT A Chapter 20.71 WATER RESOURCE PROTECTION OVERLAY DISTRICT Sections: 20.71.010 Purpose. 20.71.020 Application. 20.71.021 Area and applicability. 20.71.050 Permitted uses. 20.71.100 Accessory uses. 20.71.150 Conditional uses. 20.71.200 Prohibited uses. 20.71.300 Open space and impervious surfaces. 20.71.350 Cluster subdivisions. 20.71.351 Cluster design standards. 20.71.352 Open space reserve area. 20.71.400 Building setback/buffer areas. 20.71.600 Development criteria. 20.71.601 Parking space dimensions. 20.71.602 Parking requirements. 20.71.603 Alternative surfacing methods. 20.71.604 Vehicular access. 20.71.700 Roads, curbs, gutters and sidewalks. 20.71.010 Purpose. The Water Resource Protection Overlay District is an overlay zone that is intended to impose additional controls to preserve and protect unique and important water resources within Whatcom County. This district is designed to protect the long-term viability of the Lake Whatcom, Lake Samish and Lake Padden watersheds while creating a regulatory framework to address the needs of these watersheds that are not otherwise provided for in the underlying zone districts. (Ord. 2007-047 Exh. A, 2007; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.71.020 Application. (Ord. 2007-047 Exh. A, 2007; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001). 20.71.021 Area and applicability. (1) The Water Resource Protection Overlay District is an overlay zone that covers the entire geographic area of the Lake Whatcom, Lake Samish and Lake Padden watersheds within Whatcom. County's jurisdiction. For purposes of this title, the Lake Samish 317 watershed shall consist of that portion of the Friday Creek sub -basin of the Samish River watershed that lies within Whatcom County. (2) This district may be expanded to include other areas through the annual zoning text amendment process. (3) The Lake Whatcom, Lake Samish and Lake Padden watersheds are also designated as stormwater special districts pursuant to WCC 20.80.635 and water resource special management areas pursuant to WCC 20.80.735. (4) In the event that the provisions of this chapter conflict with the provisions of the Shoreline Management Program (WCC Title 23), Chapter 16.16 WCC, Critical Areas, the Whatcom County Development Standards, the provisions of the underlying zoning district or other applicable county policies or regulations, then the most restrictive shall apply; provided, that the minimum setback provisions established in WCC 20.71.401 shall prevail. (Ord. 2007-047 Exh. A, 2007; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.71.050 Permitted uses. All permitted uses in the underlying zone districts are permitted except as expressly prohibited, made conditional, or further conditioned by this chapter. .051 Private noncommercial greenhouses less than 250 square feet. (Ord. 2007-047 Exh. A, 2007; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.71.100 Accessory uses. All accessory uses in the underlying zone districts are permitted except as expressly prohibited or made conditional, or further conditioned by this chapter. (Ord. 2007-047 Exh. A, 2007; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.71.150 Conditional uses. All conditional uses in the underlying zone districts shall remain conditional uses unless expressly prohibited, made conditional, or further conditioned by this chapter. In addition, the following uses shall only be conditionally permitted: .151 On -site storage facilities for hazardous wastes associated with outright permitted uses or approved conditional uses, other than cottage industries as defined in WCC 20.71.215, subject to the most current siting criteria under Chapter 173-303 WAC within 2 318 WA: 11:1 h W.1 the Rural, Rural Forestry, Commercial Forestry, Neighborhood Commercial and Resort Commercial Zone Districts only. .152 Retail or wholesale plant nurseries or greenhouses for storage, propagation and culture of plants, provided: (1) Greenhouses shall not be larger than 1,000 square feet. (2) Greenhouses and cultivated ground shall not be located within 250 feet of Lake Whatcom, Lake Samish, Lake Padden or streams subject to the Shoreline Management Program; 200 feet from fish -bearing streams; or 150 feet from other streams and their tributaries that flow into Lake Whatcom, Lake Samish or Lake Padden. (3) A monitoring program has been established to ensure that chemical and pesticide quantities in stormwater runoff do not exceed state water quality standards. Complete control of drainage from the operation shall be in effect. Such runoff will be tested for pollutants bimonthly by a licensed water quality testing agency. All requirements will be met at the owner's expense. . (4) No person shall apply a commercial fertilizer, either liquid or granular, that is labeled as containing more than zero percent phosphorous or other compound containing phosphorous, such as phosphate; provided, that such fertilizers may be used for establishment of new vegetation in the first growing season. 185 Type I solid waste handling facilities, except: (1) Moderate risk waste facilities; and (2) Facilities in the Recreation and Open Space District. (Ord. 2007-047 Exh. A, 2007; Ord. 2005-085 § 1, 2005; Ord. 2004-014 § 2, 2004; Ord. 2004-007 § 1, 2004; Ord. 2003- 049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.71.200 Prohibited uses. In addition to the uses prohibited in the underlying zone districts, the following uses are prohibited, except as per Chapter 20.83 WCC: .201 Dry cleaning establishments. .202 Gas stations, service stations, combustion engine repair garages and automotive wrecking yards. .203 Sod farming. .204 Aquaculture and mariculture projects. 3 319 EXHIBIT A .205 Operation of fur farms. .206 Confinement feeding operations. .207 Asphalt and concrete batch plants. .208 Gravel bar scalping projects within the jurisdiction of the Shoreline Management Program. .209 Utilization of sewage sludge on land. .210 On -site treatment facilities for hazardous wastes. .211 Type I solid waste handling facilities, except those specified in WCC 20.71.185. .212 Type II and Type III solid waste handling facilities. .213 Golf courses. .214 Cemeteries. .215 Cottage industries that would require on -site hazardous waste storage facilities. .216 Surface mining outside of designated Mineral Resource Lands (MRL) Special Districts; provided, that surface mining, rock crushing, washing and sorting subject to the Forest Practices Act (Chapter 76.09 RCW) is permitted. .217 Major passenger intermodal terminals. .218 Freight railroad switching yards and terminals. .219 Agriculture, including animal husbandry, horticulture, viticulture, floriculture, and the cultivation of crops. .220 Animal hospitals and accessory kennels and stables. .221 Commercial kennels and stables. (Ord. 2007-047 Exh. A, 2007; Ord. 2005-085 § 1, 2005; Ord. 2004-014 § 2, 2004; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.71.300 Open space and impervious surfaces. .301 Open space requirements shall be as follows: 4 320 EXHIBIT A (1) For uses in the TC and NC Zones, at least 25 percent of the parcel shall be reserved as open space. (2) For uses in the RC Zone, at least 40 percent of the parcel shall be reserved as open space. (3) Open space areas shall be maintained in natural vegetation or landscaped per WCC 20.80.325. (4) For properties within the jurisdiction of the Shoreline Management Program (WCC Title 23), submerged lands and/or tidelands within the boundaries of any waterfront parcel that are located waterward of the ordinary high water mark shall not be used in open space calculations. .302 Impervious surface requirements shall be as follows: (1) For uses in the UR, URM and RR Zone Districts, at least 80 percent of the lot or parcel shall be kept free of structures and impervious surfaces. (2) For uses in the R Zone District, at least 90 percent of the lot or parcel shall be kept free of structures and impervious surfaces. (3) Where subsection (1) or (2) of this section does not allow 2,500 square feet of total impervious surface area, 2,500 square feet shall be allowed. (4) Two or more lots of record consolidated pursuant to the provisions of WCC 20.83.070 shall be treated as one undivided parcel for the purpose of calculating total allowable impervious surface. Where two or more lots or parcels are consolidated; are not subject to the provisions of WCC 20.83.070; and are not subject to a permanent restrictive covenant that precludes development of buildings, structures or other improvements not otherwise identified by said covenant, 4,000 square feet of impervious surface shall be allowed. (5) Preexisting nonconforming impervious surfaces may be routinely maintained/repaired or redeveloped; provided, that if 50 percent or greater of the preexisting nonconforming impervious area is to be redeveloped, then the applicable impervious surface limitations of subsections (1), (2) and (3) of this section shall apply. However, if a legal nonconforming structure is destroyed, the nonconforming use may be reconstructed using the pre-existing footprint. Expansion of nonconforming impervious surfaces shall be prohibited. (6) A mobile home within an existing mobile home park may be replaced with a larger mobile home (not to exceed a maximum of 1,500 square feet), provided there is not an increase in the overall number of mobile homes in the park or any increase in other impervious surfaces beyond the new mobile home footprint. 321 EXHIBIT A (7) For properties within the jurisdiction of the Shoreline Management Program (WCC Title 23), submerged lands and/or tidelands within the boundaries of any waterfront parcel that are located waterward of the ordinary high water mark shall not be used in impervious/pervious surface calculations. (8) Any portion of a roof overhang or other overhanging architectural feature which projects further than three feet from the footprint of a structure shall be calculated as impervious surface. (9) Alternative surface methods described in WCC 20.71.603 may be used. (Ord. 2007- 047 Exh. A, 2007; Ord. 2005-085 § 1, 2005; Ord. 2005-079 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-063 § 1, 2001; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.71.350 Cluster subdivisions. The purpose of cluster subdivision is to provide a method of creating building lots with spatially efficient sizes. Clustering is intended to consolidate development and associated infrastructure, reduce development costs, and increase infrastructure efficiency. Clustering is also intended to help preserve open space and the character of areas, reduce total impervious surface area, and minimize development effects on critical areas and associated buffers, as defined in Chapter 16.16 WCC, and resource lands. Preservation of open space is thereby intended to reduce potential stormwater runoff and associated impacts while assuring protection of viable, undeveloped, and naturally vegetated corridors for wildlife habitat, protection of watersheds, preservation of critical areas, preservation of aesthetic values including view corridors, and preservation of trail and/or recreation areas. (Ord. 2007-047 Exh. A, 2007; Ord. 2005-085 § 1, 2005; Ord. 2005-048 Exh. A, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.71.351 Cluster design standards. The creation of new building lots within Water Resource Protection Overlay Districts shall be subject to the following design standards: (1) Cluster subdivisions shall be required for all land divisions resulting in lots less than five acres in size, with the exception of boundary line adjustments. (2) A cluster subdivision shall include a permanent open space reserve area meeting the criteria established in WCC 20.71.352. (3) The minimum cluster lot size requirements of the underlying zone district shall apply. (4) The maximum number of building lots in a lot cluster shall be 10. AI 322 EXHIBIT A (5) Clusters containing two or more lots of less than one acre within a proposed development shall be separated by at least 80 feet. (6) Clustered building lots may only be created through the subdivision, short subdivision or binding site plan process pursuant to WCC Title 21. (7) Building lots shall be designed and located to be compatible with, and avoid disturbance of, critical areas or other valuable or unique natural resources or known archaeological sites, as well as physical constraints of the site. (8) Building lots shall be arranged in a cluster/concentrated pattern. (9) A cluster subdivision shall have no more than two common encroachments on existing county roads unless site constraints require additional road access. The arrangement of clustered building lots shall be designed to avoid development forms commonly known as linear, straight line or highway strip patterns. (10) As applicable, interior streets shall be designed to allow future vehicular access to any portion of the reserve tract which may be divided into future building lots; provided, that the required permanent open space reserve area, pursuant to WCC 20.71.352, shall not be fiuther subdivided. (Ord. 2007-047 Exh. A, 2007; Ord. 2005-085 § 1, 2005; Ord. 2005-048 Exh. A, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003- 032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002). 20.71.352 Open space reserve area. (1) For purposes of this title, an "open space reserve area" shall be defined as that portion of a subdivision or short subdivision set aside in accordance with this chapter, and permanently dedicated for active or passive recreation, critical area protection, natural resource or archaeological site preservation, wildlife habitat and/or visual enjoyment, and shall be consistent with the definition of "open space" pursuant to WCC 20.97.275. (2) The open space reserve area shall be subject to the following provisions: (a) The minimum open space reserve area shall be determined by the minimum cluster subdivision reserve area requirements of the underlying zone district. (b) A permanent open space reserve area shall be protected using one of the following mechanisms: (i) Placement in a separate nonbuilding tract owned in common by all lots within the subdivision; or (ii) Covered by a protective easement or public or private land trust dedication_ which protects at least the minimum required cluster reserve area specified in the underlying zone district; or 7 323 EXHIBIT A (iii) Preserved through an appropriate permanent protective mechanism that provides the same level of permanent protection as subsection (2)(b)(i) of this section as determined by the county zoning administrator or hearing examiner which applies to at least the minimum required cluster reserve area specified in the underlying zone district. (c) The boundaries of the open space portion of the reserve area may be altered only if the county finds that in dedicating adjacent reserve areas it would further the objectives listed in WCC 20.71.350 by altering the reserve area and increasing the area of reserve proportionately on the adjacent land being subdivided so that there is no net reduction in open space reserve area. (d) The purpose of the open space reserve area as defined in subsection (1) of this section shall be recorded on the face of the final plat or short plat. (e) The remaining unused development density and/or impervious surface allowances remaining on the parcel containing the open space reserve area, based on the gross density of the parent parcel, may be assigned to that portion of the reserve tract not subject to the minimum area requirements of subsection (2)(b) of this section. The density shall be recorded on the face of the final plat or short plat. The development rights assigned to the reserve tract in. accordance with this subsection may not be transferred if the pervious surface area associated with the reserve tract has been transferred to the other building lots within the subdivision. (f) The requirements stated in subsections (2)(c) and (d) of this section shall be recorded as a restriction on the face of the final plat or short plat, and shall constitute an agreement between Whatcom County and the current/future owner(s) of record that shall run with the land. Said restriction(s) may be amended by mutual agreement between said parties after review for consistency and compliance with the official Whatcom County Zoning Ordinance, the Whatcom County Subdivision Ordinance, and the Whatcom County Comprehensive Plan. (g) For cluster subdivisions approved after December 7, 1999, that portion of the reserve tract which is kept in pervious open space may be counted toward pervious surface area requirements for the building lots in the subdivision on a prorated basis. (Ord. 2007-047 Exh. A, 2007; Ord. 2005-085 § 1, 2005; Ord. 2005-048 Exh. A, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002). 20.71.400 Building setback/buffer areas. .401 Setbacks for all properties within the overlay district shall be as follows: Class I and Class,11 roads shall have a minimum setback of 30 feet; and Class III, IV and V roads shall have a minimum setback of 20 feet; provided, that the road right-of-way meets the minimum standard for road rights -of -way pursuant to the Whatcom County Development Standards. 324 EXHIBIT A .402 Roof overhangs or other overhanging architectural features shall not project further than 18 inches into the side or rear yard setbacks. Such overhangs may extend three feet into the front yard setback; however, in no case shall they extend more than one-half the depth of the front yard setback. (Ord. 2007-047 Exh. A, 2007; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-062 § 1, 2001; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.71.600 Development criteria. (Ord. 2007-047 Exh. A, 2007; Ord. 20057085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001). 20.71.601 Parking space dimensions. A standard parking space shall have the rectangular dimensions of 10 feet in width and 20 feet in length; provided, that for any parking area of six or more spaces, 50 percent of all spaces may have the rectangular dimensions of eight feet in width and 15 feet in length; and further provided, that these spaces are marked for use by compact automobiles. Except in single-family residential areas, all dimensions shall be exclusive of driveways, aisles and other circulation areas required under WCC 20.80.560 and 20.80.570. (Ord. 2007-047 Exh. A, 2007; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.71.602 Parking requirements. Parking shall conform to the requirements of WCC 20.80.500 through 20.80.590 unless otherwise specified in this section. Minimum parking requirements may be reduced through any of the following methods: (1) A shared parking agreement has been filed with the county auditor establishing a shared parking lot for land uses with noncompeting hours of operation, or for multi - tenant retail and commercial facilities; provided, the parking lot is not located further than 700 feet from any of the uses it is intended to serve. (a) The minimum required parking in shared facilities shall be based on the land use with the highest parking demand. (b) Mixed use developments with similar operating hours may be required to submit a parking demand study to determine if parking can be combined. (2) A 20 percent reduction may be approved if an establishment is located within 1,000 feet of any regularly scheduled bus stop. Vol 325 EXHIBIT A (3) The zoning administrator determines that a reduced requirement will reduce overall impervious surfaces while maintaining consistency with this title. (Ord. 2007-047 Exh. A, 2007; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.71.603 Alternative surfacing methods. Alternative surfaces including, but not limited to, bark or wood mulch, washed gravel, grid/lattice systems, permeable interlocking pavers, pervious concrete, porous asphalt, and other similar approved materials are encouraged. Alternative surfacing methods may be approved for fringe or overflow parking areas, emergency parking areas, private roads, fire lanes, road shoulders, bike paths, walkways, patios, driveways, and easement service roads in residential or commercial zones unless site constraints make use of such materials detrimental to water quality. Utilization of alternative surfacing methods shall be subject to review and approval by the Whatcom County public works department, fire marshal and/or the county ADA coordinator for compliance with other applicable regulations and development standards. Surfaces shall be considered impervious surfaces under WCC 20.71.300 uijless the following conditions are met: (1) Bark, wood mulch, and washed gravel shall be designed and installed so that all rain water falling upon the alternative surface will be infiltrated directly beneath the alternative surface without generating surface runoff based on the one-year, 24-hour storm event. (2) Other alternative surface methods shall be designed and installed in accordance with the guidelines in the 2005 Low Impact Development Technical Guidance Manual for Puget Sound or subsequent version, prepared by the Puget Sound Action Team (Publication No. PSAT 0503), as applicable. No pervious surface credit shall be given for projects utilizing an underdrain system. (Ord. 2007-047 Exh. A, 2007; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-049 § 1, 2001; Ord. 2001- 021 § 1, 2001; Ord. 99-086, 1999). - 20.71.604 Vehicular access. Driveways and curb cuts shall be minimized along all arterial and collector roads. Each existing lot shall be allowed only one driveway or curb cut; adjacent lots are encouraged to share access points. In new developments, lots or leased sites shall be oriented toward internal driveways, parking areas, or roads with limited access to arterial or collector roads. (Ord. 2007-047 Exh. A, 2007; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002- 034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.71,700 Roads, curbs, gutters and sidewalks. 10 326 EXHIBIT A The intent of this section is to reduce impervious surfaces and stormwater runoff. Innovative street sections, which do not compromise public safety, shall be encouraged in the watershed. Narrow streets and reduced sidewalk standards that satisfy pedestrian and vehicular circulation requirements may be implemented with the approval of the Whatcom County public works department. Unless specifically required, roads shall not be wider than the minimum applicable standard. A rural road standard may be approved by the Whatcom County public works department for urban density residential areas where the developer provides adequate off-street parking and pedestrian walkways. (Ord. 2007-047 Exh. A, 2007; Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003- 049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-0.75, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). Footnotes Code reviser's note: The provisions of Ord. 2007-047 expire April 8, 2008. 11 327 328 EXHIBIT B 20.80.635 Stormwater special districts. (1) Whatcom County shall establish the following geographical areas as stormwater special districts: (a) Drayton Harbor watershed. (b) Lake Whatcom watershed. (c) Lake Samish watershed. (d) Birch Bay watershed. (e) Lake Padden watershed. (2) Requirements for these areas are contained in WCC 20.80.636 and in the Whatcom County Development Standards, Chapter 2. (Ord. 2007-047 Exh. A, 2007*; Ord. 2005- 030 § 1 Exh. A, 2005; Ord. 2004-051 Exh. A, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003- 032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002). *Code reviser's note: The amendments of Ordinance 2007-047 expire April 8, 2008. 20.80.636 Stormwater special district requirements. In areas designated as stormwater special districts (per WCC 20.80.635), permanent on - site stormwater quality and quantity facilities shall be required on all lots less than five acres in size for projects that meet either of the following criteria: (1) New construction or remodels that increase impervious surfaces by more than 500 square feet; or (2) Renovation projects where the estimated cost of the work exceeds 50 percent of the assessed value of the existing structure. Interior remodels, nonpolluting roof replacements, house maintenance and energy upgrades shall be exempt from this requirement. If stormwater quality and quantity facilities are required based on either of these criteria, the provisions of the Whatcom County Development Standards, Chapter 2, Section 221, shall apply to the entire property, unless it can be demonstrated that off -site facilities would provide better treatment, or unless common detention and water quality facilities meeting the standards of the 1996 Whatcom County Development Standards or the 1992 Department of Ecology Stormwater Management Manual for the Puget Sound Basin (or more current versions) have been approved as part of a comprehensive stormwater management plan for that subdivision, binding site plan, short subdivision, or major development approval. (Ord. 2005-030 § 1 Exh. A, 2005; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 2000-066 § 1, 2000). 329 330 EXHIBIT C 20.80.735 Water Resource Special Management Areas. The purpose of a water resource special management area is to establish a more stringent standard for clearing activity in highly valued water resource areas, environmentally sensitive areas, or areas where natural conditions are so unstable that clearing activity in the areas can result in hazardous conditions. Implementation of best management practices, including phased clearing, tree retention and seasonal clearing limitations, is intended to limit the amount of exposed soils on site that are susceptible to erosion at any one time, thereby improving site stability during development and reducing potential for transport of dissolved pollutants and sediments off site. Preservation of existing trees on site also reduces the quantity and maintains the quality of stormwater leaving a site during and after development activities by encouraging interception, infiltration and evapotranspiration of rainfall and surface runoff. Whatcom County shall establish the following geographic areas as Water Resource Special Management Areas: Lake Whatcom watershed; Drayton Harbor watershed; Lake Padden watershed; Lake Samish watershed; and Birch. Bay watershed. (1) Water Resource Special Management Area Review Thresholds. County review and approval shall be required for clearing activities which exceed the following thresholds. If the clearing activity does not meet the threshold criteria, county review is not required. However, the owner is still subject to, and must comply with, the minimum requirements established in this chapter and in the Whatcom County Development Standards. (a) Lake Whatcom, Lake Samish and Lake Padden Watersheds. County review and approval shall be required for all clearing activities associated with a fill and grade permit, building permit or other development proposal. Clearing activities which are not associated with a development permit shall require county review if they are: (i) Five thousand square feet or greater during the dry season, May 1 st through September 30th; or (ii) Five hundred square feet or greater during the wet season, October 1 st through April 30th. (2) Within water resource special management areas, clearing activity must conform to the following conditions: 331 EXHIBIT C (a) Temporary erosion and sediment control shall be installed and inspected prior to any clearing activity. The technical administrator shall conduct periodic inspections to ensure the integrity of temporary erosion and sediment controls. Temporary erosion and . sediment control measures include, but are not limited to, installation of silt fencing, installation of check dams, covering of excavation piles, and mulching of exposed soils, as specified in the Whatcom County Development Standards. (b) Phased Clearing. Construction activities and clearing activities shall be phased to limit the amount of exposed soil that occurs at. any one time, if determined to be appropriate by the technical administrator, based on site characteristics or constraints including, but not limited to, slopes, proximity to shorelines and wetlands. A phased clearing plan may be required. A phased clearing plan, if required, shall be submitted for review and approval by the technical administrator prior to any clearing activity and shall contain a detailed construction schedule or time line. (c) Soil Stabilization. All disturbed areas shall be provided with soil stabilization within two days of the time of disturbance. The technical administrator may approve an exemption to this requirement when a tree canopy area retention plan includes a soil stabilization plan. This plan component must specifically detail erosion and sediment control and stormwater runoff measures that provide runoff control equal to or greater than the protection provided by the standard two-day soil stabilization requirements of this section. (d) Tree Canopy Area Retention. In the Lake Whatcom, Lake Samish and Lake Padden watersheds, in addition to compliance with all other requirements of this title and other titles of the Whatcom County Code, clearing activities on any lot or parcel, with the exception of nonconversion forest practices occurring on lands platted after January 1, 1960, shall comply with the following provisions: (i) Existing tree canopy areas, as defined by the dripline of the tree(s), may be removed for purposes of a building site, driveways, parking areas, and areas to be landscaped, but such areas shall not exceed a cumulative total of 5,000 square feet or 35 percent of the existing tree canopy area, whichever is greater. (ii) The following criteria shall be used to determine which tree canopy areas are to be prioritized for retention; (A) Stands of mature native trees; (B) Trees on sensitive slopes, on lands classified as having landslide hazards, or high erosion hazards, as defined under the critical areas ordinance; (C) Trees within critical areas or their associated setback and/or buffer areas as defined under WCC Title 16 or 23; or 2 332 EXHIBIT C (D) Trees with significant habitat value as identified by a qualified wildlife biologist or by the technical administrator, per WCC Title 16. (iii) Existing trees and vegetation may be used to meet all or part of the landscaping requirements of this title. (iv) The county shall require that tree canopy areas to be retained are identified on a site plan and clearly flagged, or delineated, on the site. A tree canopy area retention plan must accompany a project or clearing permit application and be approved by the technical administrator before clearing activity takes place. The plan shall contain the following components: (A) A scaled drawing identifying the following: 1. North arrow; 2. Property boundaries; 3. Existing structures; 4. Site access; 5. Tree canopy areas to be removed; 6. The outer dripline of tree canopy areas to be retained; 7. Critical areas including, but not limited to, slopes, wetlands, and habitat conservation areas; 8. Protection measures to be utilized for areas that will be undisturbed; and 9. Areas to be replanted pursuant to subsection (2)(d)(vii) of this section; (B) A planting schedule that indicates the time frame for replanting of trees as applicable; and (C) Provisions for maintenance and monitoring. (v) Prior to any clearing activity or development activity, any tree canopy area designated for retention shall be delineated by temporary fencing, tape, or other indicators around the outer dripline of the trees. Temporary fencing, tape, or other indicators shall be clearly visible and shall be maintained for the duration of the proposed clearing or development activity. Any tree canopy areas designated for retention shall be field verified by the technical administrator before clearing activities begin. Trees within canopy areas designated for retention shall not be damaged by clearing, excavation, ground surface level changes, soil compaction, or any other activities that may cause 333 EXHIBIT C damage to roots or trunks. Machinery, impervious surfaces, fill and storage of construction materials shall be kept outside of the dripline of the tree canopy areas designated for retention. (vi) Tree canopy areas may be removed when limited to those canopy areas affected under the following circumstances: (A) Fire prevention methods when supported by the county fire marshal; (B) Hazard trees, as defined in Chapter 20.97 WCC, are identified (an evaluation and determination by a licensed arborist or forester may be required); (C) Encroachments where the trunk, branches or roots would be, or are, in contact with main or accessory structures; or (D) Where installation and/or maintenance of roads or utilities would unavoidably require removal or cut through the root system. (vii) In the event that tree canopy areas in excess of the applicable threshold must be removed to facilitate reasonable use of the site, or to eliminate hazard trees, not less than two replacement trees shall be planted for every tree removed. Replacement trees shall: (A) Be of the same, or similar, native species as those trees removed from site; (B) Be planted to re-establish tree clusters where they previously existed, or to enhance protected tree clusters; (C) Be planted in locations appropriate to the species' growth habitat and horticultural requirements; and (D) Be located away from areas where damage is likely. (viii) If any trees within canopy areas designated for retention are damaged or destroyed through the fault of the applicant, agent or successor, the applicant, their agent or successor shall restore the site pursuant to a restoration plan approved by the county. (ix) The county may require a bond or other security in an amount not to exceed 125 percent of the merchantable timber to guarantee retention of existing trees within designated canopy areas during construction. In the event of a dispute between the landowner and the county over the established value, an assessment will be made by a professional forester or arborist whose selection will be made by mutual agreement between the county and the landowner. The fee for the services of the professional forester or arborist shall be paid by the landowner or responsible party. In the event any trees designated to be retained are removed, the county shall require that sufficient trees be re -planted to replace those previously in existence. In the event that replanting does 0 334 EXHIBIT C not occur, the county may enforce upon anybond posted. Each tree removed or destroyed shall constitute a separate violation. (e) Seasonal Clearing Activity Limitations. In the Lake Whatcom, Lake Samish and Lake Padden watersheds, clearing activity, as defined in WCC 20.97.054, that will result in exposed soils exceeding 500 square feet shall not be permitted from September 1 st through April 30th; provided, that: (i) In addition to the clearing activities exempted under WCC 20.80.733, the zoning administrator may approve an exemption to this requirement for the following activities: (A) Routine maintenance and repair of erosion and sediment control measures; (B) Activities located at or waterward of the ordinary high water mark subject to state, federal, and/or local (per WCC Title 23 and/or Chapter 16.16 WCC) conditions of approval requiring commencement of clearing activity during the wet season, as defined above, for purposes of minimizing surface water disturbance and site inundation by high water or wave action; (C) Activities necessary to address an emergency that presents an unanticipated and imminent threat to public health, safety or the environment that requires immediate action within a time too short to allow full compliance with this section. Upon abatement of the emergency situation, the clearing activity shall be reviewed for consistency with this chapter and may be subject to additional permit requirements; provided, that the applicant shall make a reasonable attempt to contact the zoning administrator prior to the activity. When prior notice is not feasible, notification of the action shall be submitted to the zoning administrator as soon as the emergency is addressed and no later than two business days following such action. Emergency construction does not include development of new permanent protective structures where none previously existed. (ii) Soil disturbance associated with an exempt clearing activity shall be minimized to the maximum extent practicable. The zoning administrator shall have the authority to condition an exempt activity to ensure that temporary erosion and sediment control measures will be implemented. (iii) An exemption from the seasonal land clearing requirements of this section does .not grant authorization for any work to be done in a manner that does not comply with other provisions of this chapter or other applicable development regulations. (f) One Hundred Fifty Percent Violation Fines. When a violation occurs in an area designated as a water resource special management area the total fine assessment shall be increased to 150 percent of the standard penalty as provided for in Chapter 20.94 WCC, Enforcement and Penalties. (Ord. 2007-047 Exh. A, 2007*; Ord. 2005-074 § 1, 2005; Ord. 2005-061 Exh. A, 2005; Ord. 2005-032 Exh. A, 2005; Ord. 2005-030 § 1 Exh. A, 2005; Ord. 2004-051 Exh. A, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-053, 2002; Ord. 2002-034, 2002). 5 335 EXHIBIT C *Code reviser's note: The amendments of Ordinance 2007-047 expire April 8, 2008. 336 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-398 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Erin E. Osborn Originator: �s yy `�V 11/25/08 11 � � E E E D Introduction " NOV 18 2008 WHATCOM 11/25/08 P&D Committee P&D/Council David Stalheim Dept. Head �� 12/09/08 Royce Buckingham Prosecutor: _ /// ` r T G� 1/27/09 P&D/Council Purchasing/Budget: �C+OUNTY COUNCIL 2/10/09 Public Hearin Peter Kremen 2/24/09 P&D/Re-Introduc Executive: 3/17/09 Public Hearing TITLE OFDOC MENT. An ordinance adopting amendments to the Official Whatcom County Zoning Ordinance, Title 20, to include regulations and incentives that result in the creation of pedestrian oriented streetscapes in urban growth areas; and also adopting amendments to Chapter 20.97 to add definitions that clarify terms used to describe elements of the streetscape - includes language to add section 20.80.211, ATTACHMENTS: front loaded garage setbacks to the code. (l) Draft Ordinance (2) "atcom County Planning Commission Findings of Fact and Reasons for Action, Conclusions, & Recommendation (3) Excerpts from Planning Commission Draft and Approved Minutes (4) Staff Report SEPA review required? (X) Yes ( ) NO Should Clerk schedule a hearing? ( g ) Yes ( ) NO SEPA review completed? (X) Yes ( ) NO Requested Date: 'The Council must hold a hearing if they want to change the Planning Commission's recommendation IWCC20.90.051(iv)j. SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: The proposal is to amend the Official Whatcom County Zoning Ordinance, Title 20, to include regulations and incentives that result in the creation ofpedestrian oriented streetscapes in urban growth areas: Specifically, to amend Chapter 20.80 - Supplementary Requirements, Section 20.80.210 (5) - Setback Table by adding a new footnote " 0" to cross reference a new Section, 20.80.211- Front Loaded Garages; also to amend Chapter 20.85 Planned Unit Development (PUD) by adding new language to Section 20.85.102 - General Design Criteria; adding Section 20.85.108 (1) (g) to Chapter 20.85.108 - Density Increases; adding Section 20.85.109 (6) - Setback Reductions to Chapter 20.85.109, and also to amend Chapter 20.97 to add definitions that clarify terms used to describe elements of the streetscape. COMMITTEE ACTION TAKEN: COUNCIL ACTION: 11/25/2008: Withdrawn 11/25/2008: Introduced 12/09/2008: Forwarded to Council for approval 12/09/2008: Held to January 13, 2009 1/27/2009: Forwarded to Council for approval 1/27/2009: Council Held for hearing 2/24/2009: Planning & Development Committee Amended held to next Council meeting 3/17/2009. 2/10/2009: Council Held 2/24/2009: Hearings on two ordinances will be held on March 17, 2009. Re -Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number: ZON2007-00016 AB2008-398A Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcomwa.uslcouncil. 337 SPONSORED BY: PROPOSED BY: INTRODUCTION DATE: ORDINANCE # ADOPTING AMENDMENTS TO THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TITLE 20, TO INCLUDE REGULATIONS AND INCENTIVES THAT RESULT IN THE CREATION OF PEDESTRIAN ORIENTED STREETSCAPES IN URBAN GROWTH AREAS, AND ALSO AMENDING CHAPTER 20.97 TO ADD DEFINITIONS THAT CLARIFY TERMS USED TO DESCRIBE ELEMENTS OF THE STREETSCAPE WHEREAS, Whatcom County Planning and Development Services received an application to amend the Official Whatcom County Zoning Ordinance, Title 20; and WHEREAS, Legal notice requirements have been met; and WHEREAS, On Thursday, September 25, 2008, the Whatcom County Planning Commission received the staff's findings and recommendations, and held a public hearing on the proposed amendment and considered all testimony; and WHEREAS, On September 25, 2008, the Whatcom County Planning Commission voted unanimously to forward a recommendation of approval for the proposed amendment to the Whatcom County Council; and WHEREAS, On January 27, 2009, the Whatcom County Council considered the Planning Commission's Findings of Fact and Reasons for Action, Conclusions and Recommendation for the proposed amendment and voted to depart from the Planning Commission's recommendation by voting to delete the regulatory provisions from the amendment as proposed; and WHEREAS, On February 24, 2009, the Whatcom County Council held a public hearing to consider all testimony on the modified version of the amendment as amended by Council, and after discussion a motion was made to re -introduce the version of the amendment as originally recommended by the Planning Commission and also to re -introduce the modified version as amended by Council so that both versions of the amendment could be considered at public hearings scheduled on March 17, 2009; and WHEREAS, On March 17, 2009, the Whatcom County Council held a public hearing to consider the version of the amendment that was originally recommended for approval by the Whatcom County Planning Commission, and after hearing all testimony, Council voted to approve the original version of the proposed amendment; and 338 WHEREAS, The amendment conforms to the requirements of the Growth Management Act, is consistent with the Goals and Policies of the Whatcom County Comprehensive Plan, the County -Wide Planning Policies, and has been evaluated for consistency with the interlocal agreements and comprehensive plans of associated cities; and WHEREAS, The County Council has adopted the following Findings of Fact: FINDINGS OF FACT FINDINGS OF FACT AND REASONS FOR ACTION 1. On January 5, 2007, Whatcom County Planning and Development Services Department received an application to amend the Official Whatcom County Zoning Ordinance that was submitted by Whatcom County Planning Commissioners, John Lesow and Ken Mann. The purpose of the proposed amendment was to include language in the Official Whatcom County Zoning Ordinance that would prevent or discourage garage dominated streetscapes. 2. On June 14, 2007, John Lesow and Ken Mann proposed that the Planning Commission initiate the proposed amendment. Commissioner Burdge moved to support the text amendment as a Commission, Lesow seconded, and the motion carried. 3. On May 8, 2008, during the Planning Commission regular meeting work session, the proposed text amendment was discussed and issues were raised about whether the placement of garages should be addressed with a regulatory mandate, regulatory incentives, or a combination of both of these approaches. Concerns were raised about the potential for increased impervious surfaces resulting from mandated rear lane alleys. 4. On May 30, 2008, City of Blaine planners spoke with County staff regarding the intent of the proposed amendment to provide for more pedestrian oriented streetscapes within the City's urban growth areas. City of Blaine planners were in support of the County's efforts 5. On July 15, 2008, discussion took place between County and City of Bellingham planning staff to assess whether the proposed amendment would be consistent with City regulations. City of Bellingham provided examples of residential design codes and guidelines, and shared copies of 2003 and 2005 Hearing Examiner decisions that set forth conditions intended to reduce the garage dominance of newly constructed residences in housing development project applications. 6. At the July 24, 2008 Planning Commission regular meeting work session, staff presented a research report, and facilitated discussion that resulted in clarification about the intent of the proposed amendment. 7. As a result of the discussion that took place at the July 24, 2008 regular meeting work session, the Planning Commission agreed that the regulations applying to the positioning of garages on lots should be applicable to Urban Residential Zoning Districts within Urban Growth Areas, and directed staff to 339 draft code provisions that regulate placement of the garage; provide regulatory incentives in the form of density bonuses, reduced front yard setbacks, and address the potential impacts of impervious surfaces that might result from implementation of the proposed regulations if adopted. 8. On August 21, 2008, staff facilitated a collaborative discussion with Whatcom County Building Services, Long Range Planning, Current Planning, Public Works - Engineering, and the Fire Marshal's Office. Comments and suggestions were received and incorporated into the proposed amendment text. Specifically, it became clear that the amendment should only apply to new construction (not remodels) on newly created lots, and that definitions should also be included for clarity and for ease of implementation. Staff drafted provisions that would only apply in short term planning areas within urban growth areas. These provisions would regulate the placement and the size of front loaded garages relative to the front of the home in urban residential zone districts, and provide incentives in the form of density bonuses and setback reductions for applications submitted as part of a planned unit development when specific criteria such as rear lane garage access, Front porches, and low impact development standards (in place at time of application) are met. 9. On August 22, 2008, the Whatcom County State Environmental Policy Act (SEPA) Official issued a SEPA threshold Determination of Non -Significance (DNS) in regards to the proposed text amendment, a non -project action. The comment period for this determination ended on September 5, 2008. No comments were received regarding this determination. The date on which to file an appeal to this determination concluded on September 15, 2008. No appeals were made to this determination. 10. On August 25, 2008, staff held a meeting with City of Everson, Nooksack and Sumas planning staff to discuss a preliminary draft of the proposed amendment. Verbal comments were noted in regards to the potential difficulty of applying the regulations to habitable space above garages and to side loaded garages. The draft was later modified to incorporate a suggestion that garage setback requirements should only apply to "front loaded garages", and providing that habitable space above the garage should be exempt. It was also noted that definitions be included to clarify terms for ease of implementation. 11. On August 25, 2008, staff spoke with City of Ferndale planning staff regarding the proposed amendment to Find out if the regulations would be consistent with City of Ferndale residential development regulations or design standards. 12. On August 26, 2008, City of Ferndale commented that although the concept may be a good one, the City does not believe that the County has the right to develop any guidelines that are not reflected by City code. Staff has noted that there are no apparent inconsistencies between the proposed amendment and City codes. 340 13. On August 27, 2008, staff reviewed the 1999 Interlocal Agreement between the City of Ferndale and Whatcom County and found that the County and the City recognize and agree that mutual coordination of land use densities and designations is necessary. The City and the County also agree that when processing development applications such as rezones, administrative approval and conditional use permits, subdivisions and planned unit developments, that the County shall consult with the City and invite the City's participation and response when processing these applications for development. Upon reviewing the 1999 Interlocal Agreement, staff noted the absence of any stipulated agreement to indicate that proposed zoning text amendments regarding specific uses within the City's unincorporated Urban Growth Area and within Whatcom County's jurisdiction need to be reflected by City Code. 14. Notice of the subject amendment was sent to the Department of Community, Trade and Economic Development (CTED) and other state agencies on August 29, 2008. On September 3, 2008 CTED notified Whatcom County that notice of the proposed amendment had been received and had been forwarded to other interested parties as required. No comments regarding the proposed amendment have been received from CTED, to date. 15. Notice of the Planning Commission public hearing for the proposed text amendment was published in the Bellingham Herald on September 14, 2008. 16. Staff contacted City of Lynden planning staff on September 16, 2008 to request comments and suggestions regarding the proposed amendment. 17. Pursuant to Whatcom County Code (WCC) 20.90.050, as of September 25, 2008, Whatcom County Planning and Development Services has: 1) Evaluated the proposed amendment in relationship to the goals, objectives and policies of the Whatcom County Comprehensive Plan as authorized by the Washington State Growth Management Act (GMA) - RCW 36.70A; 2) Addressed consistency with interlocal planning agreements between the County and associated cities; 3) Considered whether the proposed amendment is consistent with any associated city's comprehensive plan and 4) Considered possible environmental impacts that have been identified by the lead agency designated SEPA official through the State Environmental Policy Act (SEPA) threshold determination process. 18. On September 25, 2008, the Whatcom County Planning Commission held a public hearing related to the subject amendment, and after hearing all testimony, and after revising the definition of "Garages" and adding a new definition for "Front Loaded Garages", the Commission voted unanimously to forward to the County Council, a recommendation of approval for the proposed amendment. 19. On September 25, 2008, and on October 15, 2008 Whatcom County Planning and Development Services Department (PDS) staff received comments from Washington State Department of Community, Trade and Economic Development (CTED) regarding the subject amendment. CTED advised PDS staff to consider the work of other communities who have 341 adopted street design guidelines that encourage a pedestrian orientation to the streetscape. CTED also suggested that PDS staff consider the work of "Complete the Streets" http://www.completestreets.orq/, an organization that provides resources and guidance to communities who are in the process of developing pedestrian oriented streetscapes in urban communities. 20. On October 27, 2008, staff reviewed the definition of "Front Loaded Garages" that had been revised at the September 25, 2008 public hearing; upon scrutiny, staff determined that the definition was cumbersome, and not easy to understand. Staff reworded the definition so that the meaning was clearer, and the substance remained unchanged. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Official Whatcom County Zoning Ordinance, Title 20 is hereby amended as shown in Attachment A. Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of this ordinance shall not affect or impair the validity of the ordinance as a whole or any part thereof other than the part so declared to be invalid. ADOPTED this ATTEST: day of , 2009 Dana Brown -Davis, Council Clerk APPROVED as to form: f Ro a ingham, Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Seth Fleetwood, Chairperson ( ) Approved ( ) Denied Date: Pete Kremen, Executive 342 ATTACHMENT A Amendments to the Official Whatcom County Zoning Ordinance - Title 20 Chapter 20.80 - Supplementary Requirements 20.80.210 (5) - Setback Table Road Type I I-5, State Hwys, Principal & Minor Arterials II Collector Arterials or Major Collectors III Minor Collectors IV General or Local Access Streets V ** Minor Access Streets Side Yards Rear Yards Additional Provisions May Be Applicable Zone UR 45' 35' 25' 25' 20' S'* ♦♦ 5'* Yes +-32 UR- MX* 45' 35' 25' 10, 10' S'* ♦♦ 51* Yes + URM 1451 35' 25' 25' 20' S'* 5'* Yes +-3� RR 45' 35' 25' 25' 20' S'* ♦♦ 5'* Yes + RR -I 25' 25' 20' 5'* ♦♦ 51* Yes + R 45' 45' 35' 25' 20' S'* 5'* Yes + TZ 45' 35' 25' 25' 20' S'* 51* Yes + AG 50' 50' 50' 50' 50' 20' 20' Yes + RF 45' 35' 25' 25' 20' 20' 20' Yes + CF 45' 35' 25' 25' 20' 100' 100' Yes + ROS 100' 100' 50' 50' 50' 50' 50' Yes + STC 30'++ 30' 25' 25' 20' 0' 10' Yes + NC 25' 25' 25' 25' 20' 0' 10' Yes + GC 30'++ 30' 25' 25' 20' 0' 10' Yes + TC 30'++ 30' 25' 25' 20' 0' 5'* Yes + RC 30' 30' 25' 25' 20' S'* 51* Yes +# LII 30' 30' 30' 30' 20' 10' 10' Yes +o GM 30' 30' 30' 30' 20' 10' 10' Yes +o HII 1100, 100' 100' 100' 30' 30' 30' Yes +o 343 ATTACHMENT A GI 25' 25' 25' 25' 25' 10, 10, Yes +# AO 30' 30' 30' 30' 20' 10, 10, Yes +o WRPO 30' 30' 20' 20' 20' oo , oo , Yes +# * Roof overhangs or other architectural features shall not project further than 18 inches into the side or rear yard setbacks. Such overhangs may extend six feet into the front yard setback; however, in no case will they extend more than one-half the depth of the front yard setback. , For parcels in the Water Resource Protection Overlay (WRPO), roof overhangs or other overhanging architectural features shall not project further than 18 inches into the side or rear yard setbacks. Such overhangs may extend three feet into the front yard setback; however, in no case shall they extend more than one-half the depth of the front yard setback. + Refer to the additional provisions of WCC 20.80.250 and 20.80.700 and buffer requirements for individual zones or overlay districts as appropriate. o Or as modified pursuant to WCC 20.80.254(1)(d), (2)(d), (3)(e), and (4)(b). ** Minor access streets are those that are dead ends or that are constrained from ever developing further. # Refer to additional provisions of WCC 20.64.350 or 20.65.400. ++ When located adjacent to I-5 these setbacks maybe reduced to 25' subject to the screening requirements under 20.62.651. ♦ No specific setback requirements shall apply to a planned concept submitted for technical committee review. This provision could be used, for example, to allow zero -lot -line development. ♦♦ Zero lot line side yard setbacks may be approved by the zoning administrator for single- family attached dwelling units along the common property line where the dwellings share a common wall. oo Refer to the underlying zoning for side and rear yard setback requirements. * Refer to additional provisions found in WCC 20.80.211 — Front Loaded Garage Setbacks. For new development within urban growth areas, front yard setbacks may be reduced consistent with minimum front yard setback requirements as set forth in the adjacent city's regulations. (Ord. 2003-048 Exh. A, 2003; Ord. 2001-062 § 1, 2001; Ord. 2001-024 § 1, 2001; Ord. 99-080, 1999; Ord. 99-012 § 1(3), 1999; Ord. 97-046 § 3, 1997; Ord. 96-056 Att. A § S 1, 1996; Ord. 94- 010, 1994; Ord. 89-117, 1989; Ord. 88-29, 1988; Ord. 87-65, 1987; Ord. 87-11, 1987; Ord. 85- 100, 1985; Ord. 85-38, 1985; Ord. 85-31, 1985; Ord. 84-38, 1984; Ord. 82-58, 1982). 344 ATTACHMENT A 20.80.211 - Front Loaded Garage Setbacks This section shall apply to the new construction of single and multi -family residential structures in urban residential zoning districts, provided: 1) "rhe provisions of this section shall only apply in short-term planning areas with public water, sewer, and stormwater collection and detention facilities; and 2) The provisions of this section shall only apply to building lots that are a maximum of 22,000 square feet, created after the effective date of the adoption of this ordinance as codified in this section (effective date listed here); and 3) For the purposes of measuring garage setbacks, habitable space that is above the garage shall be exempt from garage setback requirements. (a) Front loaded garages shall be set back a minimum of 5 feet from the front building fagade as defined in WCC 20.97. (b) Front loaded garages shall not occupy more than 50% of the front building fagade. (c) In order to prevent automobiles from blocking_ pedestrian walkways, a minimum distance of 20 feet shall be provided from any garage door to the back of the abutting sidewalk, the designated front property line, or the road right of way, whichever is the greater setback. Chapter 20.85 - Planned Unit Development (PUD) 20.85.102 - General Design Criteria M Major and local streets, the location of all buildings, parking areas, pedestrian bicycle and vehicular ways, and utility easements shall be designed to promote public safety, compatibility of uses, minimize conflict between uses, and reasonably maintain topography and other natural features. (2) Single and multi -family detached structures shall be designed in such a way as to increase the pedestrian orientation of the streetscape and to.decrease the automobile orientation from the streetscape. 20.85.108 - Density Increases (1) LCI) Single and multi -family development projects located in urban residential zoning districts that utilize rear lane or "alley" garage access may be granted a 15 percent increase in base density, provided: 345 ATTACHMENT A (i) Garages are located with direct maneuvering off of the alley; and (ii) Front porches are included as part of the front building fagade; and (iii) Site development conforms to Low Impact Development Standards as adopted by Whatcom County in place at time of application. 20.85.109 (6) - Setback Reductions Setback reductions may be granted for single and multi -family development projects utilizing rear lane or "alley" garage access, provided: (a) When front porches that measure a minimum or 6 feet in depth and 10 feet in length are attached to the front building facade, front yard setbacks may be reduced to a minimum of 15 feet from the back of the abutting sidewalk, the designated front property line, or road right of way, whichever is the greater setback. (b) Site development conforms to Low Impact Development Standards as adopted by Whatcom County in place at time of application. Chapter 20.97 - Definitions 20.97.160.1 Front building fagade means the exterior front side of a building adjacent to the designated front property line or right of way. For the purposes of measuring garage setbacks, measurements shall be taken from the primary building wall excluding covered porches, decks and other architectural projections. 20.97.160.3 Front porch: A covered entrance to a single or multi -family structure, projecting from and attached to the primary building wall that lies adjacent to the designated front property line, often partially enclosed. 20.97.161.1 Garage: An attached or detached structure in which the primary purpose and function of the design is to accommodate access to, and the storage of automobiles. 20.97.160.2 Front loaded garages: Garages that are accessed from a driveway that is perpendicular to the street or access road, with garage doors parallel to the designated front property line. 20.97.013.1 Alley: A public right of way or easement less than 30' but greater than 10' for use by pedestrians, vehicles, public utilities, and/or other necessary public functions which affords only a secondary means of access to abutting property_ 346 FINDINGS OF FACT FINDINGS OF FACT AND REASONS FOR ACTION 1. On January 5, 2007, Whatcom County Planning and Development Services Department received an application to amend the Official Whatcom County Zoning Ordinance that was submitted by Whatcom County Planning Commissioners, John Lesow and Ken Mann. The purpose of the proposed amendment was to include language in the Official Whatcom County Zoning Ordinance that would prevent or discourage garage dominated streetscapes. 2. On June 14, 2007 John Lesow and Ken Mann proposed that the Planning Commission initiate the proposed amendment. Commissioner Burdge moved to support the text amendment as a Commission, Lesow seconded, and the motion carried. 3. On May 8, 2008 during the Planning Commission regular meeting work session, the proposed text amendment was discussed and issues were raised about whether the placement of garages should be addressed with a regulatory mandate, regulatory incentives, or a combination of both of these approaches. Concerns were raised about the potential for increased impervious surfaces resulting from mandated rear lane alleys. 4. On May 30, 2008, City of Blaine planners spoke with County staff regarding the intent of the proposed amendment to provide for more pedestrian oriented streetscapes within the City's urban growth areas. City of Blaine planners were in supportof the County's efforts 5. On July 15, 2008 discussion took place between County and City of Bellingham planning staff to assess whether the proposed amendment would be consistent with City regulations. City of Bellingham provided examples of residential design codes and guidelines, and shared copies of 2003 and 2005 Hearing Examiner decisions that set forth conditions intended to reduce the garage dominance of newly constructed residences in housing development project applications. 6. At the July 24, 2008 Planning Commission regular meeting work session, staff presented a research report, and facilitated discussion that resulted in clarification about the intent of the proposed amendment. 7. As a result of the discussion that took place at the July 24, 2008 regular meeting work session, the Planning Commission agreed that the regulations applying to the positioning of garages on lots should be applicable to Urban Residential Zoning Districts within Urban Growth Areas, and directed staff to draft code provisions that regulate placement of the garage; provide regulatory incentives in the form of density bonuses, reduced front yard setbacks, and address the potential impacts of impervious surfaces that might result from implementation of the proposed regulations if adopted. 347 8. On August 21, 2008 staff facilitated a collaborative discussion with Whatcom County Building Services, Long Range Planning, Current Planning, Public Works - Engineering,. and the Fire Marshal's Office. Comments and suggestions were received and incorporated into the proposed amendment text. Specifically, it became clear that the amendment should only apply to new construction (not remodels) on newly created lots, and that definitions should also be included for clarity and for ease of implementation. Staff drafted provisions that would only apply in short term planning areas within urban growth areas. These provisions would regulate the placement and the size of front loaded garages relative to the front of the home in urban residential zone districts, and provide incentives in the form of density bonuses and setback reductions for applications submitted as part of a planned unit development when specific criteria such as rear lane garage access, front porches, and low impact development standards (in place at time of application) are met. 9. On August 22, 2008, the Whatcom County State Environmental Policy Act (SEPA) Official issued a SEPA threshold Determination of Non -Significance (DNS) in regards to the proposed text amendment, a non -project action. The comment period for this determination ended on September 5, 2008. No comments were received regarding this determination. The date on which to file an appeal to this determination concluded on September 15, 2008. No appeals were made to this determination. 10. On August 25, 2008, staff held a meeting with City of Everson, Nooksack and Sumas planning staff to discuss a preliminary draft of the proposed amendment. Verbal comments were noted in regards to the potential difficulty of applying the regulations to habitable space above garages and to side loaded garages. The draft was later modified to incorporate a suggestion that garage setback requirements should only apply to "front loaded garages", and providing that habitable space above the garage should be exempt. It was also noted that definitions be included to clarify terms for ease of implementation. 11. On August 25, 2008 staff spoke with City of Ferndale planning staff regarding the proposed amendment to find out if the regulations would be consistent with City of Ferndale residential development regulations or design standards. 12. On August 26, 2008, City of Ferndale commented that although the concept may be a good one, the City does not believe that the County has the right to develop any guidelines that are not reflected by City code. Staff has noted that there are no apparent inconsistencies between the proposed amendment and City codes. 13. On August 27, 2008 staff reviewed the 1999 Interlocal Agreement between the City of Ferndale and Whatcom County and found that the County and the City recognize and agree that mutual coordination of land use densities and designations is necessary. The City and the County also agree that when processing development applications such as rezones, administrative approval and conditional use permits, subdivisions and planned unit developments, that the County shall consult with the City and invite the City's participation and response when processing these applications for development. Upon reviewing the 1999 Interlocal Agreement, staff noted the absence of any stipulated agreement to indicate that proposed zoning text amendments regarding specific uses within the City's unincorporated Urban Growth Area and within Whatcom County's jurisdiction need to be reflected by City Code. 14. Notice of the subject amendment was sent to the Department of Community, Trade and Economic Development (CTED) and other state agencies on August 29, 2008. On September 3, 2008 CTED notified Whatcom County that notice of the proposed amendment had been received and had been forwarded to other interested parties as required. No comments regarding the proposed amendment have been received from CTED, to date. 15. Notice of the Planning Commission public hearing for the proposed text amendment was published in the Bellingham Herald on September 14, 2008. 16. Staff contacted City of Lynden planning staff on September 16, 2008 to request comments and suggestions regarding the proposed amendment. 17. Pursuant to Whatcom County Code (WCC) 20.90.050, as of September 25, 2008, Whatcom County Planning and Development Services has: 1) Evaluated the proposed amendment in relationship to the goals, objectives and policies of the Whatcom County Comprehensive Plan as authorized by the Washington State Growth Management Act (GMA) - RCW 36.70A; 2) Addressed consistency with interlocal planning agreements between the County and associated cities; 3) Considered whether the proposed amendment is consistent with any associated city's comprehensive plan and 4) Considered possible environmental impacts that have been identified by the lead agency designated SEPA official through the State Environmental Policy Act (SEPA) threshold determination process. 18. On September 25, 2008 the Whatcom County Planning Commission held a public hearing related to the subject amendment, and after hearing all testimony, and after revising the definition of "Garages" and adding a new definition for "Front Loaded Garages", the Commission voted unanimously to forward to the County Council, a recommendation of approval for the proposed amendment. 19. On September 25, 2008, and on October 15, 2008 Whatcom County Planning and Development Services Department (PDS) staff received comments from Washington State Department of Community, Trade and Economic Development (CTED) regarding the subject amendment. CTED advised PDS staff to consider the work of other communities who have adopted street design guidelines that encourage a pedestrian orientation to the streetscape. CTED also suggested that PDS staff consider the work of 349 WHATCOM COUNTY PLANNING COMMISSION FINDINGS OF FACT AND REASONS FOR ACTION, CONCLUSIONS, & RECOMMENDATION TO AMEND THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TITLE 20, TO INCLUDE REGULATIONS AND .I.NCENTIVES THAT RESULT IN THE CREATION OF PEDESTRIAN ORIENTED STREETSCAPES IN URBAN GROWTH AREAS, AND ALSO TO AMEND CHAPTER 20.97 TO ADD DEFINITIONS THAT CLARIFY TERMS USED TO DESCRIBE ELEMENTS OF THE STREETSCAPE THE PLANNING COMMISSION ENTERS THE FOLLOWING FINDINGS OF FACT AND REASONS FOR ACTION, CONCLUSIONS, AND RECOMMENDATION: FINDINGS OF FACT AND REASONS FOR ACTION 1. On January 5, 2007, Whatcom County Planning and Development Services Department received an application to amend the Official Whatcom County Zoning Ordinance that was submitted by Whatcom County Planning Commissioners, John Lesow and Ken Mann. The purpose of the proposed amendment was to include language in the Official Whatcom County Zoning Ordinance that would prevent or discourage garage dominated streetscapes. 2. On June 14, 2007 John Lesow and Ken Mann proposed that the Planning Commission initiate the proposed amendment. Commissioner Burdge moved to support the text amendment as a Commission, Lesow seconded, and the motion carried. 3. On May 8, 2008 during the Planning Commission regular meeting work session, the proposed text amendment was discussed and issues were raised about whether the placement of garages should be addressed with a regulatory mandate, regulatory incentives, or a combination of both of these approaches. Concerns were raised about the potential for increased impervious surfaces resulting from mandated rear lane alleys. 4. On May 30, 2008, City of Blaine planners spoke with County staff regarding the intent of the proposed amendment to provide for more pedestrian oriented streetscapes within the City's urban growth areas. City of Blaine planners were in support of the County's efforts 5. On July 15, 2008 discussion took place between County and City of Bellingham planning staff to assess whether the proposed amendment would be consistent with City regulations. City of Bellingham provided examples of residential design codes and guidelines, and shared copies of 2003 and 2005 Hearing Examiner decisions that set forth conditions intended to reduce the garage dominance of newly constructed residences in housing development project applications. 350 6. At the July 24, 2008 Planning Commission regular meeting work session, staff presented a research report, and facilitated discussion that resulted in clarification about the intent of the proposed amendment. 7. As a result of the discussion that took place at the July 24, 2008 regular meeting work session, the Planning Commission agreed that the regulations applying to the positioning of garages on lots should be applicable to Urban Residential Zoning Districts within Urban Growth Areas, and directed staff to draft code provisions that regulate placement of the garage; provide regulatory incentives in the form of density bonuses, reduced front yard set backs, and address the potential impacts of impervious surfaces that might result from implementation of the proposed regulations if adopted. 8. On August 21, 2008 staff facilitated a collaborative discussion with Whatcom County Building Services, Long Range Planning, Current Planning, Public Works - Engineering, and the Fire Marshal's Office. Comments and suggestions were received and incorporated into the proposed amendment text. Specifically, it became clear that the amendment should only apply to new construction (not remodels) on newly created lots, and that definitions should also be included for clarity and for ease of implementation. Staff drafted provisions that would only apply in short term planning areas within urban growth areas. These provisions would regulate the placement and the size of front loaded garages relative to the front of the home in urban residential zone districts, and provide incentives in the form of density bonuses and setback reductions for applications submitted as part of a planned unit development when specific criteria such as rear lane garage access, front porches, and low impact development standards (in place at time of application) are met. 9. On August 22, 2008, the Whatcom County State Environmental Policy Act (SEPA) Official issued a SEPA threshold Determination of Non -Significance (DNS) in regards to the proposed text amendment, a non -project action. The comment period for this determination ended on September 5, 2008. No comments were received regarding this determination. The date on which to file an appeal to this determination concluded on September 15, 2008. No appeals were made to this determination. 10. On August 25, 2008, staff held a meeting with City of Everson, Nooksack and Sumas planning staff to discuss a preliminary draft of the proposed amendment. Verbal comments were noted in regards to the potential difficulty of applying the regulations tohabitable space above garages and to side loaded garages. The draft was later modified to incorporate a suggestion that garage setback requirements should only apply to ""front loaded garages", and providing that habitable space above the garage should be exempt. It was also noted that definitions be included to clarify terms for ease of implementation. 11. On August 25, 2008 staff spoke with City of Ferndale planning staff regarding the proposed amendment to find out if the regulations would be 351 consistent with City of Ferndale residential development regulations or design standards. 12. On August 26, 2008, City of Ferndale commented that although the concept may be a good one, the City does not believe that the County has the right to develop any guidelines that are not reflected by City code. Staff has noted that there are no apparent inconsistencies between the proposed amendment and City codes. 13. On August 27, 2008 staff reviewed the 1999 Interlocal Agreement between the City of Ferndale and Whatcom County and found that the County and the City recognize and agree that mutual coordination of land use densities and designations is necessary. The City and the County also agree that when processing development applications such as rezones, administrative approval and conditional use permits, subdivisions and planned unit developments, that the County shall consult with the City and invite the City's participation and response when processing these applications for development. Upon reviewing the 1999 Interlocal Agreement, staff noted the absence of any stipulated agreement to indicate that proposed zoning text amendments regarding specific uses within the City's unincorporated Urban Growth Area and within Whatcom County's jurisdiction need to be reflected by City Code. 14. Notice of the subject amendment was sent to the Department of Community, Trade and Economic Development (CTED) and other state agencies on August 29, 2008. On September 3, 2008 CTED notified Whatcom County that notice of the proposed amendment had been received and had been forwarded to other interested parties as required. No comments regarding the proposed amendment have been received from CTED, to date. 15. Notice of the Planning Commission public hearing for the proposed text amendment was published in the Bellingham Herald on September 14, 2008. 16. Staff contacted City of Lynden planning staff on September 16, 2008 to request comments and suggestions regarding the proposed amendment. 17. Pursuant to Whatcom County Code (WCC) 20.90.050, as of September 25, 2008, Whatcom County Planning and Development Services has: 1) Evaluated the proposed amendment in relationship to the goals, objectives and policies of the Whatcom County Comprehensive Plan as authorized by the Washington State Growth Management Act (GMA) - RCW 36.70A; 2) Addressed consistency with interlocal planning agreements between the County and associated cities; 3) Considered whether the proposed amendment is consistent with any associated city's comprehensive plan and 4) Considered possible environmental impacts that have been identified by the lead agency designated SEPA official through the State Environmental Policy Act (SEPA) threshold determination process. 352 CONCLUSIONS Upon evaluating all of the information presented by Planning Division staff, and upon considering all testimony presented at the public hearing, the Whatcom County Planning Commission has concluded that the proposed amendment is consistent with the goals, policies and objectives of the Whatcom County Comprehensive Plan. RECOMMENDATION Based upon the above findings of fact and reasons for action, and conclusions, the Whatcom County Planning Commission hereby forwards a recommendation of approval to the Whatcom County Council for the proposed amendment to the Official Whatcom County Zoning Ordinance attached hereto as ATTACHMENT A. WHATCOM COUNTY PLANNING COMMISSION Ken Mann, Chairperson David Stalheim, Secretary Date Date Commissioners present at the September 25, 2008 meeting when the vote was taken on the subject amendment: John Lesow, Rabel Burdge, Jean Melious, David Hunter, Ken Mann, and John Belisle. Roll Call Vote: Ayes - Belisle, Burdge, Hunter, Lesow, Mann, Melious; Nays - 0; Abstain - 0; Absent - Menzies, Roosma, Steensma. Motion carried to forward a recommendation of approval to the County Council. ATTACHMENT A Recommended amendments to WCC Title 20, Chapter 20.80 - Supplemental Requirements; Chapter 20.85 - Planned Unit Development (PUD); and Chapter 20.97 - Definitions 353 EXCERPTS FROM THE RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION September 25, 2008 Regular Meeting Public Hearing File #ZON2007-00016 - Whatcom County Zoning Ordinance, Title 20, to provide regulations and incentives that result in the creation of pedestrian oriented streetscapes in Whatcom County urban residential zoning districts; and also to amend Chapter 20.97 -Definitions, to inde language that defines elements of the streetscape.,� Erin Osborn presented the staff report. The Planning Commission had a prelimingy 4scussion d"Ot� is issue on May 8 2008. On July 24 2008 the Planning,w xmission held aaxk session. It was determined, at that point, that . oposed amend mentg' ould be a combination of regulatory and incenti Reasures,& In my research what I found s is very often done in a very c - standards, which we don't hav - code revisions that address the the percentage of t 'd faga6 some incentives i of a setbacks. that reg 'e placement of the garage pensive s"' urban residential design have d = is drafted some modest ce of the g -: a put a regulation on R, at th - e c,occupy and provide sib x.` Y r Yapreduced front yard I had some discs, "sons wii�`urrent PIS"- ing staff, who have experience with the d- Sign sta':d r w ,the definitions. I d "� the i part a code to appwy to Urban Residential zoning di " s and sho m p ing areas where public water, sewer and stop ter detentio cilit re available. It also applies to lots that are a maxi of 22,000 s re fnd have been created after the effective date of rdinance, i, dopted. I put in the r ` ation W t front loaded garages must be set back a ��." minimum of 5 fe �"' � the front building fagade. This is defined as the front wall of the building luding architectural features such as front porches. Also garage doors must be set back at least 20 feet from the sidewalk, property line or road right-of-way, which ever is greater. I decided it would be good to have, within the planned unit development criteria, a statement establishing that the single and multi -family detached structure shall be designed in such a way as to increase the pedestrian orientation of the streetscape and to decrease the automobile orientation domination. 354 Also for the planned unit developments single and multi -family development projects located in urban residential zoning districts that utilize rear land or alley garage access may be granted a 15 percent density increase provided that the garages are located with direct maneuvering off of the alley, front porches are included as part of the front building fa§ade and the site development conforms to low impact development standards as adopted by Whatcom County in place at time of application. The last being a concern of the Planning Commission. This issue is somewhat complicated by the fact that Whatcom County doesn't have an alley road standard at this point. It was hard to determine how wide those road widths w d be. I asked Public Works what it would take to develop the road stanc" and they said it could take two or three months or who knows ho, a. Another incentive would be a setback reductiol hen IW4" t porches are included in the building design also utilizir�le rear laner� Iley. They would get a front yard setback reductio, 'ip to 15 feet fr he sidewalk, property line or road right-of-way. O se the 20 foot setb would still apply for the garage door. ` w�� � w Hunter: A concern I have is tx t having alit `> s 'ases the potential for having more impervious su .n the othe,nd having an alley may allow for a narrower road. HaR� een able t research this issue? Osborn: What I fou f m the Fr �, ars .:4 . tha° .ere needs to be 20 feet for a fire Ian SF sked a A ut,�dMECI �� th of the street it became so come- ed that pE. ervi�ra�rface nFV,6T came up. Melious: I wo eke to sug�st you M� a separate definition for front loaded garage ake it �f the def�,4ion of garage. Hu a bore? m lot size of 22,000 square feet. Os 6�' hi The idea bd'%�Jv�4dthf to make sure that the regulations aren't going'' .1 pply to hugis in Urban Residential zones. Hunter: UMPM, the defi n for garage I noticed that is says: front loaded garages are sed �a driveway that is generally straight and perpendicular ti et or access road. What does that mean? Osborn: The intention is to allow for a slight deviation from a perfect 90 degrees from the streetscape. Hunter: I would suggest you delete the word generally. The hearing was opened to the public. There was no public testimony. 355 Work Session Hunter moved to accept the staff recommendation of approval with changes to: • Have a separate definition for front loaded garage. • Reword the last sentence of the definition of garage to read: Front loaded garages are accessed from a driveway that is generally straight perpendicular to the street or access road,... • Reduce the maximum lot size to 5,000 squYi feet. Mann seconded the motion. w1 The Commission agreed to a separate definitio�r"Q loaded garage. The Commission agreed to reword the lasI,,btence of th" ? finition of garage to read: Front loaded garages a Nessed and they. ; ..age doors are visible from the street or access road a 1 ent to the designa 41 `front property line. The Commission agreed to a Lq,size of Roll Call Vote: Ayes - Bel Nays - 0; Abstain - 0; Ab Motion Carried. go-^. H u rifftLesow, Mann, Melious; s, Roo"trta, Steensma. The 356 File # ZON2007-00016 September 25, 2008 Garages ATTACHMENT A Proposed Amendment to Whatcom County Official Zoning Ordinance - Title 20 File number ZON2007-00016 Listed below in draft form is proposed language to amend the Official Whatcom County Zoning Ordinance, Title 20, to provide regulations and incentives that result in the creation of pedestrian oriented streetsc6p it .-urban residential zoning districts, and in urban growth areas. WCC 20.20.350 - Urban Residential - Building Setbacks WCC 20.22.350 - Urban Residential Medium Density..= Building Setba:cks. WCC 20.24.350 - Urban Residential Mixed - Building Setbacks The proposed amendment shall apply to the new construction of single and multi -family residential structures in urban..residential zoning districts, provided: 1) The provisions of this section shall only apply:.inn:_short-term planning areas with public water, sewer, and stor7TZ!ter.:&ollecttora::and detention facilities; and 2) The provisions of this sectioh shall only apply. o building lots that are a maximum of 22,000 squa;rd: feet, created::as .of the effective date of the adoption of this. ordinance as'`codified in this section (effective date listed here); 3) For the purposes of'rrieasuring gauge setbacks, habitable space that is above the garage shalt:.14 ::exempt from garage setback requirements. (1) Front loaded.:garages shall be set back a minimum of 5 feet from the front building fagade as defined in WCC 20.97.476. (2):. '...',Front loaded garages shall not occupy more than 50% of the :> front building fagade. (3) l , ;grtler to prevent automobiles from blocking pedestrian Walkways, a minimum distance of 20 feet shall be provided from any garage door to the back of the abutting sidewalk, the designated front property line, or the road right of way, whicheveris the greater setback. WCC 20.85.108 - Planned Unit Development - General Design Criteria Single and multi -family detached structures shall be designed in such a way as to increase the pedestrian orientation of the streetscape and to decrease the automobile orientation from the streetscape. 357 File # ZON2007-00016 Garages September 25, 2008 ATTACHMENT A WCC 20.85.108 (1) (g) - Planned Unit Development - Density Increases Single and multi -family development projects located in urban residential zoning districts that utilize rear lane or "alley" garage access may be granted a 15 percent increase in base density, provided: (1) Garages are located with direct maneuvering off of the alley; and (2) Front porches are included as part of the front building facade; and (3) Site development conforms to Low Impact D.evefapmentStandards as adopted by Whatcom County in place at time of applcation. WCC 20,85.109 (6) - Planned Unit Development -:Setback Reductions Setback reductions may be granted for single and:miu:lt.F.family develapm' ent projects utilizing rear lane or "alley" garage access, provided: (1) When front porches that measure a:rri�rn`Im. .um or 6 feed it" depth and 10 feet in length are attached to the'fronf`l ld:i.ng facade:; front yard setbacks may be reduced to a minimum"of ISfee . from the back of the abutting sidewalk, the desi0nated:�front- property.:l3ne, or road right of way, whichever is the greater setback. WCC 20.97.476 - Definitions Front building facade: The exterior front side of a building adjacent the designated front property line o:r:ri.g:ht.of way. For -the purposes of measuring garage setbacks, measurements shall be taken::from the -prim:ary building wall excluding covered porches, decks and other ar l ........ ural projections. WCC 20 97.477 - Definitions Front P'dr'C"h:: A covered entrance to a single or multi-family'structure, projecting from and attd to the primary building wall that lies adjacent to the designated front property l:in,. often partially enclosed. WCC 20.97.478 Definitions Garage: An attached o-r ,detached structure in which the primary purpose and function of the design is to accommodate access to, and the storage of automobiles. Front loaded garages are accessed from a driveway that is generally straight and perpendicular to the street or access road, and adjacent to the designated front property line. WCC 20.97.479 - Definitions Alley: A public right of way or easement less than 30' but greater than 10' for use by pedestrians, vehicles, public utilities, and/or other necessary public functions which affords only a secondary means -of access to abutting property. 358 EXCERPTS FROM RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION July 24, 2008 Regular Meeting File #ZON2007-00016: Discussion of a zoning amendment designed to prevent garage -dominated streetscapes. Osborn: This is a follow up to the May 8, 2008 meeting. I would like to give you a tour, using Google Earth, showing the different types of garage placement. Graphics were shown of garages set out From the house, recessed from the front of the house and placed in the back of the house. Graphics were shown of various garage types in Whatcom County. Hunter: The problem with access in the back is then you have an alley. Does that create more impervious surface? Is this really a benefit? Mann: Do we require off street parking? Osborn: We require two off street parking spots. Mann: Why don't we change that to make if voluntary? Osborn: I want to clarify your purpose for the amendment which I take to be encourage the creation of more aesthetically pleasing neighborhoods, promote connectivity, walkability, livability, greater sense of community, all by eliminating the garage dominated streetscape. IVlann: For me it's not aesthetics, it's all of the others. Lesow: When I first put this forward I was considering incentives to be put out to accomplish this. Incentives are fine but if we can go into this with some stronger language that would be good. Ladner, B.C. is my personal favorite because you can walk any where you need to go. Decreasing dependence on the automobile is a real strong point. Ladner is surrounded by agricultural land so there is a greater sense of living in a village that is surrounded by open space. Fishtrap Lodge, in Lynden, is not a walking community. I would like to see an open space component in this proposal. Melious: Design standards aren't something people are used to so I don't know that we should go forward with regulations without looking at other options. Osborn: I have drafted what these regulations would be applicable to and would like your input on them. They would apply to: all new proposed single family and multi -family residential proposed development at urban densities, 359 cluster lot development in the Agricultural and Rural zones, and retro- development projects that incur costs greater than 50% of the original value. Lesow: I would say it should apply to single and multi -family homes, retro development projects and should not apply to clustering. It would not apply to areas outside the UGAs. Mann: Why don't you want it to apply to clusters? Lesow: I think people generally move to an Agricultural or Rural zone in order to have a larger house or lot. It should apply to more walkable or transit oriented areas. Roosma: If you build in a UGA the city says what your house is going to look like because the area will be annexed. Lesow: I think we are farther ahead on this than Bellingham is. They may think this is a good idea and go along with it. Osborn: Bellingham is headed in that direction. Osborn: These regulations would not apply in Commercial Forestry, Neighborhood Commercial, Tourist Commercial, Light Impact Industrial, General Manufacturing, Heavy Impact Industrial or Airport Operations zones. Some ideas to consider for the regulatory approach are to include language that requires garages to occupy less than 50% of the front building fagade, mandatory garage rear lane or side yard access for all new residential development at urban densities, and language that requires garages to be set back, or recessed, a certain distance relative to the front building fagade. Lesow: Could you contact the planner in Markham, Ontario and see what percentage they use? Examples of design guidelines from various cities were shown. Hunter: It seems like you could eliminate a huge amount of impervious surface is to require that all garages are entered from the rear and the driveway can be no longer than four feet. That way you can't park in the driveway, you have to park in the garage and you don't have long driveways, but you would have driveways. I don't know how that would balance out with the amount of impervious surfaces. Osborn: Some of the incentives could be density bonuses similar to those allowed in a planned unit development, reduced front, side or rear yard setbacks to allow for placing of garages closer to side and rear lot lines, or variances to minimum lot size and minimum lot width and length. 360 A hybrid approach would be to have mandatory front yard garage setbacks, building articulation, density bonus incentives, or permit fast tracking at the building permit level. From our previous meeting I noted your concerns were if alley or secondary street access designs are utilized so as to encourage side loaded or rear lane access how will this impact hydrology? Will this type of design be compatible with low impact development standards? Mann: In a typical new subdivision, with all of the garages in the front, what is the street width? Stalheim: If there is parking there is going to be 24 feet travel width and another 16 feet for parking. Mann: If we went to a situation with alleys could we reduce that by half? Roosma: The fire department has width requirements. Hunter: You could reduce it by having parking on only one side of the street. Roosma: There are a lot of places you can't have alleys because there just isn't enough room because of the topography and wetlands. You would need to have language in there to address that. Osborn: The staff concerns are we getting into elaborate design standards? There is coordination we would have to have with the cities. What is the community visioning process? This could be coordinated with the 2011 GMA updates. Mann: Commissioner Roosma, do you think this should be incentive based or regulatory? Roosma: I'm not ready to make a decision on anything. I need to see some examples on how this affects the amount of. impervious surface. Mann: Commissioner Melious, what do you think? Melious: I talked to the Bellingham planners, a while ago, and they were saying they couldn't get density up to what it's zoned for because people wanted less dense areas so I'm wondering if density bonuses would really be an incentive. Burdge: Inaudible. Mann: I sort of like a hybrid approach. I'm not in favor of mandating alleys. The building fagade doesn't bother me, as a regulatory thing. I don't want to mandate the rear lane. I don't know if I want to mandate the side yard 361 either. I'm leaning more towards having incentives. I don't mind having cars parked on the street. I like the idea of reducing the setbacks as long there is no real reason for it. Hunter: I would like to mandate alleys as long as there are no adverse impacts in regards to impervious surface. There would be less driveways which may make up for the alleys. I realize there may be situations where there is no room for an alley. I tend to lean toward the mandated approach. Mann: If we mandate an alley do we also get rid of one parking lane or some other reduction in the main thoroughfare? Narrow streets also contribute to the sense of community we are trying to achieve. Stalheim: It depends on how the fire department and how Engineering feel about it. Staff will come back with a proposed ordinance and hold a public hearing on the issue at a later date. 362 EXCERPTS FROM RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION Regular Meeting May 8, 2008 Work Session Zoning amendment designed to prevent garage -dominated streetscapes Lesow: About a year and a half ago I made a presentation to the County Council on this issue when they were discussing accessory dwellings and how to increase the density in Bellingham and in the county by use of innovative design techniques. I used the example of Ladner, B.C. as how it can be done successfully without alienating the neighborhood. During the Urban Fringe Subarea hearings Commissioner Mann made a comment on my dread of six dwelling units per acre. I am not a high density person. He took me through his neighborhood to show me what six units per acre looks like. It did change my perspective. With this in mind I looked at some proposals that had been initiated in Ontario, specifically in the City of Markham, to get away from the idea of designing subdivisions which had garage dominated streetscapes. I have pictures of garages that are placed on the side or in the back. It does require an alley if you put them in the back. This proposal is to provide density bonuses to developers. The other incentive is to provide increased density which would increase the amount of people you could put into an area and still maintain a place where people would like to live. Ladner, B.C. is an area that is very well laid out, in terms of individuals being able to go to a park, a town, shopping, etc. all within walking distance. It's done by putting the garages either in the back lane or on the side. Generally speaking there is a dwelling unit above the garage, somewhat like a mother-in-law suite. Belisle: With the zoning we have where would we allow this to happen? Lesow: It would happen in areas that are zoned for higher density single family dwellings. Roosma: It sounds okay, but I have one problem with it. We are trying to do low impact development and if you have a street in front and a street in back it just adds a whole lot more impervious surface. We need someone who if very familiar with low impact development to look at this. Lesow: You can have narrower streets. One of the characteristics I've seen on this type of development is that it is generally done as a master planned unit. That way you can have your parks, facilities and homes but you can also get rid of the grid patterned streets. Melious: I think we have to keep in mind that impervious surfaces are one aspect of the big picture. There is a whole package of impacts involved in development. Stalheim: This concept was being done a lot where I was in Oregon. Some were done well and some were done poorly. In some of the subdivisions you would have people just driving down the alleys to their garages and there is no traffic on the streets. In some 363 respects it looked really nice when you went down the street but if you went down the alley it looked like a regular subdivision. Some people were able to overcome that in their design efforts. Some areas were starting to cluster the on -street parking so people didn't have parking in front of their house. Is the overall goal a design issue or having access from the back? Some things I have seen say you can mandate where the front of the house is in an urban setting. You can have setbacks that force the garage around the back. Lesow: I would like to hear from the development community about what they think of this concept. Melious: I would like to see this become a mandate. Steensma: I am really leery about having two streets. The front might look good but the back looks bad. Mann: We need to create some sort of incentives and design guidelines. 364 EXCERPTS FROM RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION Regular Meeting June 14, 2007 Other Business Lesow: I have distributed a memorandum regarding the annual zoning docketing procedure. At this meeting we have to vote on a text amendment that actually had it's origin last fall when we had the bus trip through the UGAs. At the time one comment Commissioner Mann had was the expanse and glorification of the garage designs and if there could be something else done to facilitate a more pedestrian friendly and more front porch atmosphere without dictating to anybody how they should build their homes. I did a little checking, and as you know I am Canadian, and there are two communities in Canada which are Markham, Ontario and Cornell, Ontario who have developed some very innovative techniques for more front porch type living. Last December we submitted a proposal for what I think is a very modest text amendment that would grant some incentives designs that is provided for in the Growth Management Act. I have included the original application and also a note from Matt Aamot who advised me on this. Procedurally what I would to do is to get a vote from the Planning Commissioners to forward this text amendment. It has to be done now because we don't have any more meetings before the end of June. Also the fee is quite high and if we do this as a Commission the fee is waived. Burdge moved to support the text amendment as a Commission. Lesow seconded. Motion carried. 365 File # ZON2007-00016 September 25, 2008 Garages Page 1 WHATCOM COUNTY PLANNING & DEVELOPMENT SERVICES STAFF REPORT I. SUMMARY OF PROPOSAL AND RECOMMENDATION File # ZON2007-00016 File Name: Garages Applicant: John Lesow & Ken Mann - Whatcom County Planning Commission Request: The request is to amend the Whatcom County Official Zoning Ordinance, Title 20, to provide regulations and incentives that result in the creation of pedestrian oriented streetscapes in urban residential zoning districts, and in Whatcom County short term planning areas in urban growth areas. Reason for Request: The applicants believe that without some kind of regulatory intervention, the typical garage dominated streetscape will continue to prevail in Whatcom County. The applicants also believe that if regulations are adopted that prevent or discourage the development of garage dominated streetscapes, that urban residential neighborhoods will become safer, more livable, walkable, and pedestrian oriented, resulting in a benefit to the public and to the citizens of Whatcom County. Recommendation: Staff recommends that the Planning Commission vote to approve the proposed amendment with or without modifications, and to forward a recommendation of approval to the Whatcom County Council for their consideration in determining whether it is in the best interest of the public so to adopt. II. BACKGROUND INFORMATION At the June 14, 2007 Planning Commission Regular Meeting, Commissioners John Lesow and Ken Mann discussed a text amendment that they had submitted to Whatcom County Planning & Development Services Department on January 5, 2007. Discussed briefly at this meeting was the nationwide trend known as "New Urbanism" which includes design principles that when implemented result in the creation of pedestrian oriented streetscapes in urban neighborhoods. A motion was made to support the proposed text amendment by the Planning Commission as a whole, and the motion carried. On May 8, 2008 at the Planning Commission regular meeting, a preliminary work session was held to discuss the proposed text amendment, and issues were raised about whether the placement of garages should be addressed with a regulatory 366 File # ZON2007-00016 September 25, 2008 Garages Page 2 mandate, regulatory incentives, or a combination of these approaches. Concerns were voiced about the potential increase of impervious surfaces resulting if a rear lane alley garage access was imposed in addition to the main street or road fronting the home. Commissioners directed staff to conduct research to assess how this type of development pattern would fit in with future low impact development standards if and when adopted. At the July 24, 2008 Planning Commission regular meeting work session, staff presented a research report and facilitated discussion that resulted in clarification about the intent of the proposed amendment. Staff research revealed that garage dominated streetscapes are one of the most prevalent design characteristics of urban residential neighborhoods in Whatcom County. Whether or not it is intentional or unintentional, it is clear that this type of development pattern or "design standard" emphasizes the prominence of the automobile in neighborhoods throughout the county; it often appears as though homes are an accessory to the automobile, with human scaled front entrances subordinate to garages. Planning commissioners concluded that the proposed regulations mandating the placement of garages should be applicable to Urban Residential Zoning Districts within urban growth areas. Commissioners directed staff to draft code provisions that regulate placement of the garage; provide regulatory incentives in the form of density bonuses and reduced front yard set backs; and to address the potential of increased impervious surfaces that might result from secondary rear lane garage access if regulations were adopted as a mandatory provision. As directed by the Planning Commission, staff researched the development codes of other jurisdictions for examples of regulations that matched the intent of the proposed amendment. It was discovered that many other jurisdictions regulate the placement of garages with codes that are included in a comprehensive set of urban residential design guidelines or standards. Staff research showed that promoting the development of truly livable neighborhoods is a complex undertaking, and requires a great deal of time in order to come up with well thought out regulations that can be easily understood and effectively implemented. With this in mind, staff held meetings with Whatcom County Building Services, Permit Center, Current Planning, Long Range Planning, Public Works - Engineering, and the Fire Marshal's Office staff to consider potential pitfalls that might arise upon implementation of the proposed amendment if adopted. Staff has drafted regulations with the intent that if adopted they will be easy for the public to understand, and be efficiently and effectively administered by staff. The proposed amendment consists of provisions that apply in short term planning areas within urban growth areas only. The proposed text regulates the placement and size of front loaded garages relative to the front of the home in urban residential zone districts, and provides incentives in the form of density bonuses and set back reductions for applications submitted as part of a planned unit development when specific criteria such as rear lane garage access, front. porches, and low impact development standards (in place at time of application) are met. In the interests of clarity and for ease of implementation definitions of terms have also been included in the proposed amendment. The draft text for the proposed amendment is included with this document as Attachment A, along with maps to show the affected areas as Attachment B. 367 File # ZON2007-00016 September 25, 2008 Garages Page 3 III. ANALYSIS OF THE PROPOSED AMENDMENT A. Pursuant to Whatcom County Code (WCC) 20.90.050, Whatcom County Planning and Development Services staff is required to: 1) Evaluate the proposed amendment in relationship to the goals, objectives and policies of the Whatcom County Comprehensive Plan as authorized by the Washington State Growth Management Act (GMA) - RCW 36.70A; 2) Address consistency with interlocal planning agreements between the County and associated cities; 3) Consider whether the proposed amendment is consistent with any associated city's comprehensive plan and 4) Consider possible environmental impacts that have been identified by the lead agency designated SEPA official through the State Environmental Policy Act (SEPA) threshold determination process. What follows are relevant sections from applicable code and planning documents with staff discussion noted below each section. Growth Management Act The proposed amendment has been developed in accordance with Growth Management Act (GMA) Planning Goals of RCW 36.70A.020 as listed and discussed below: GMA Goal 1: Urban Growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner. The provisions of the proposed amendment apply only to project development applications that are proposed in short term planning areas within urban growth areas where public water and sewer, storm water collection and detention facilities are available. The proposed amendment supports the Growth Management Act goal to encourage development in urban areas where adequate services exist or can be provided efficiently. GMA Goal 2: Reduce Sprawl. Reduce the inappropriate conversion of undeveloped land into sprawling, low density development. The proposed amendment provides for reduced front yard setbacks, density bonuses for planned unit developments meeting specific criteria, and regulates the placement of garages in short term planning areas within urban residential zone districts. These provisions will encourage the development of human scaled built environments, create desirable neighborhoods that will attract infill around them, and contribute to a generally cohesive pattern of development at an urban density. GMA Goal 10: Environment. Protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water. While incremental in nature and difficult to measure, the proposed amendment will provide for an increase in the quality of life for the citizens of Whatcom County and in the state. Regulating the placement File # ZON2007-00016 September 25, 2008 Garages Page 4 of garages, and changing the orientation of the streetscape from a garage orientation to a human pedestrian orientation will create more walkable neighborhoods and may decrease the use of automobiles. A reduction in the number of vehicular trips will result in reduced carbon emissions and ultimately protect the environment and quality of life for Whatcom County citizens. In addition, the proposed amendment also provides density bonuses for planned unit development (PUD) project applications that demonstrate compliance with low impact development (LID) standards in place at time of application (along with other specific requirements that must be met.) Projects that utilize LID standards will enhance overall habitat functions, reduce runoff, recharge aquifers, maintain historic in - stream flows, reduce maintenance costs, and contribute overall to increased water quality. Whatcom County Comprehensive Plan The proposed amendment has been developed in accordance with the following Goals and Policies of the Whatcom County Comprehensive Plan. Goal 3C: Create opportunity for a broad range of housing types and encourage mixed affordability. Discussion: A typical residential building style found in Whatcom County residential neighborhoods is commonly referred to as a "snout house;" a style of construction that features a garage that projects forward From the front of the house, and is often the most prominent aspect of the home that is visible from the street. The proposed amendment introduces a balance into this mix by requiring that front loaded garages be recessed back from the front of the house at least five feet to bring the front entrance forward as viewed from the street and walkways. Goal 21F: Give high priority to the use of a comprehensive incentive programs to encourage achievement of land use goals. Policy 2F-3: Revise regulations to include incentive programs. Discussion: The proposed amendment includes provisions for a 15% density increase for planned unit development applications that include front porches and rear lane alleys, and when site development conforms to Low Impact Development Standards in place at the time of application. In addition to these incentives, project applicants may be granted a reduction in the front yard setback when front porches are featured as part of the building design. Goal 1OA: In evaluating urban growth areas associated with cities, or in allowing the development of unincorporated growth areas, ensure a sense of community and pedestrian scale. Discussion: The Whatcom County Comprehensive Plan Chapter 10 - Design, discusses the importance of incorporating urban design concepts into the planning process, and identifies: "...a clear desire for a sense of community and pedestrian scale, and a recognition that we can no longer afford the inefficient development patterns of the 369 File # ZON2007-00016 September 25, 2008 Garages Page 5 past which are land -consumptive, require excessive utility extensions, and generate too many vehicular trips." Even though the Design Element is not a mandatory GMA requirement, it was added to the outline of the Comprehensive Plan early in the process. This speaks to the overall importance of urban form that has been identified through the visioning process by the citizens of Whatcom County. The proposed amendment mandates placement of front loaded garages so that they are recessed relative to the front of the home and emphasizes the human scale of the front entrance, and provides for a pedestrian orientation of the streetscape; in this regard the proposed amendment supports a primary goal of the Design Chapter in the Comprehensive Plan. County -Wide Planning Policies The proposed amendment has been developed in accordance with the Whatcom County County -Wide Planning Policies (CWWP) as listed and discussed below. Policy B — Urban versus Rural Distinctions "Whatcom County shall primarily become a government of rural areas in land use matters directed towards agriculture, forestry and other natural resources and natural resource based industries. The county shall work with citizens to define a variety of types of rural areas based on the characteristics and needs of different areas. This section shall not preclude county governance of -developed urban areas within urban growth areas not yet annexed, and developed rural areas where the urban designation is appropriate." (Emphasis by staff). Discussion: While researching the proposed amendment staff has received many comments and questions about the appropriateness of the County to be in the business of setting standards for residential design in urban growth areas. The section that is italicized and underlined above is done so to add emphasis to the fact that in the Comprehensive Plan there is an explicit recognition of the County's responsibility and authority to guide growth and development in urban growth areas. Ultimately, these urban residential neighborhoods will become a legacy that the cities eventually inherit. In the case of Birch Bay and Columbia Valley Urban Growth Areas, this inherited legacy may not come to pass for some time, and this puts the County in a position of having to guide urban growth and development. Policy G — Affordable Housing 4. "The county and the cities shall promote innovative techniques and develop strategies to provide for affordable housing with design, density, lot sizes and development standards that provide for a variety of housing types." Discussion: Garage dominated housing developments are the prevailing theme of most urban residential development in Whatcom County. Provisions that regulate the placement of garages will encourage home builders to provide alternatives to the traditionally garage dominated front building fagade. These alternatives could include a variety of home designs such as: homes that are closer to the street with front porches, homes with side loaded garages, homes with recessed detached garages 370 File # ZON2007-00016 September 25, 2008 Garages Page 6 accessed from a rear lane alleyway, and homes with attached front loaded garages that are recessed from the front of the house and subordinate to the front entrance. Environmental Review Pursuant to the Washington State Environmental Policy Act (SEPA) rules, proposed agency actions must be evaluated to determine whether probable significant adverse environmental impacts are likely to occur as a result of implementation. On August 22, 2008, the lead agency SEPA Official issued a SEPA threshold Determination of Non -Significance (DNS) in regards to the proposed text amendment, a non -project action. Consistency with Interlocal Agreements & Comprehensive Plans of Cities The proposed amendment applies to land that is within city urban growth areas, therefore, pursuant to the provisions of Whatcom County Code, Chapter 20.90.051 (3) (a) (4) the amendment has been developed in accordance with adopted interlocal agreements of the associated cities, and has been evaluated for consistency with their respective comprehensive plans. Discussion: Residential areas that feature pedestrian oriented streetscapes provide safe, aesthetically pleasing neighborhoods that promote connectivity, walkability, livability, and also encourage a greater sense of community. These positive benefits are amongst many that have been identified as "values" and are associated with many of the goals and policies identified in the Whatcom County Comprehensive Plan and in the Comprehensive Plans of cities throughout Whatcom County. Staff has made contact with all of the cities that are affected by this proposed legislation. From informal discussions held with planning staff from the various affected cities, staff has noted no major objections to the proposal (with the exception of the City of Ferndale as discussed below); nor have there been apparent inconsistencies with the interlocal agreements with cities or their respective comprehensive plans. To this effect, it is important to note that in 2003 and 2005, City of Bellingham Hearing Examiner has ordered conditions on two housing development applications that require single-family residences to be designed with front porches, and garages set back from the porches to decrease the dominance of the automobile from the streetscape. As mentioned above, the only objection that was raised was when the City of Ferndale submitted preliminary comments to the effect that although they consider the concept (the proposed amendment) to have merit, there was concern as to whether the County has the right to adopt guidelines or standards that do not reflect city code. Staff reviewed the 1999 Interlocal Agreement between the City of Ferndale and Whatcom County, and could find no part of the agreement that supports this assertion. According to the Agreement, the County and City recognize and agree that mutual coordination of land use densities and designations is necessary, and when processing development applications such as rezones, administrative approval and conditional use permits, subdivisions and planned unit development applications, it is agreed that the County shall consult with the City and invite the City's participation and response when processing these applications for development. However, there is no stipulation that proposed zoning text amendments pertaining to specific land uses within the City's urban growth area need to be reflected by City Code. 371 File # ZON2007-00016 September 25, 2008 Garages Page 7 IV. FINDINGS OF FACT AND REASONS FOR ACTION 1. On January 5, 2007, Whatcom County Planning and Development Services Department received an application to amend the Whatcom County Official Zoning Ordinance that was submitted by Whatcom County Planning Commissioners, John Lesow and Ken Mann. The purpose of the proposed amendment was to include language in the Whatcom County Official Zoning Ordinance that would prevent or discourage garage dominated streetscapes. 2. On June 14, 2007 John Lesow and Ken Mann proposed that the Planning Commission initiate the proposed amendment. Commissioner Burdge moved to support the text amendment as a Commission, Lesow seconded, and the motion carried. 3. On May 8, 2008 during the Planning Commission regular meeting work session, the proposed text amendment was discussed and issues were raised about whether the placement of garages should be addressed with a regulatory mandate, regulatory incentives, or a combination of both of these approaches. Concerns were raised about the potential for increased impervious surfaces resulting from mandated rear lane alleys. 4. On May 30, 2008, City of Blaine planners spoke with County staff regarding the intent of the proposed amendment to provide for more pedestrian oriented streetscapes within the City's urban growth areas. City of Blaine planners were in support of the County's efforts 5. On July 15, 2008 discussion took place between County and City of Bellingham planning staff to assess whether the proposed amendment would be consistent with City regulations. City of Bellingham provided examples of residential design codes and guidelines, and shared copies of 2003 and 2005 Hearing Examiner decisions that set forth conditions intended to reduce the garage dominance of newly constructed residences in housing development project applications. 6. At the July 24, 2008 Planning Commission regular meeting work session, staff presented a research report, and facilitated discussion that resulted in clarification about the intent of the proposed amendment. 7. As a result of the discussion that took place at the July 24, 2008 regular meeting work session, the Planning Commission agreed that the regulations applying to the positioning of garages on lots should be applicable to Urban Residential Zoning Districts within Urban Growth Areas, and directed staff to draft code provisions that regulate placement of the garage; provide regulatory incentives in the form of density bonuses, reduced front yard set backs, and address the potential impacts of impervious surfaces that might result from implementation of the proposed regulations if adopted. 8. On August 21, 2008 staff facilitated a collaborative discussion with Whatcom County Building Services, Long Range Planning, Current Planning, Public Works - Engineering, and the Fire Marshal's Office. Comments and suggestions were received and incorporated into the proposed amendment text. Specifically, it 372 File # ZON2007-00016 September 25, 2008 Garages Page 8 became clear that the amendment should only apply to new construction (not remodels) on newly created lots, and that definitions should also be included for clarity and for ease of implementation. Staff drafted provisions that would only apply in short term planning areas within urban growth areas. These provisions would regulate the placement and the size of front loaded garages relative to the front of the home in urban residential zone districts, and provide incentives in the form of density bonuses and setback reductions for applications submitted as part of a planned unit development when specific criteria such as rear lane garage access, front porches, and low impact development standards (in place at time of application) are met. 9. On August 22, 2008, the Whatcom County State Environmental Policy Act (SEPA) Official issued a SEPA threshold Determination of Non -Significance (DNS) in regards to the proposed text amendment, a non -project action. The comment period for this determination ended on September 5, 2008. No comments were received regarding this determination. The date on which to file an appeal to this determination concluded on September 25, 2008. No appeals were made to this determination. 10.On August 25, 2008, staff held a meeting with City of Everson, Nooksack and Sumas planning staff to discuss a preliminary draft of the proposed amendment. Verbal comments were noted in regards to the potential difficulty of applying the regulations to habitable space above garages and to side loaded garages. The draft was later modified to incorporate a suggestion that garage setback requirements should only apply to "front loaded garages", and providing that habitable space above the garage should be exempt. It was also noted that definitions be included to clarify terms for ease of implementation. 11.On August 25, 2008 staff spoke with City of Ferndale planning staff regarding the proposed amendment to find out if the regulations would be consistent with City of Ferndale residential development regulations or design standards. 12.On August 26, 2008, City of Ferndale commented that although the concept may be a good one, the City does not believe that the County has the right to develop any guidelines that are not reflected by City code. Staff has noted that there are no apparent inconsistencies between the proposed amendment and City codes. 13.On August 27, 2008 staff reviewed the 1999 Interlocal Agreement between the City of Ferndale and Whatcom County and found that the County and the City recognize and agree that mutual coordination of land use densities and designations is necessary. The City and the County also agree that when processing development applications such as rezones, administrative approval and conditional use permits, subdivisions and planned unit developments, that the County shall consult with the City and invite the City's participation and response when processing these applications for development. Upon reviewing the 1999 Interlocal Agreement, staff noted the absence of any stipulated agreement to indicate that proposed zoning text amendments regarding specific uses within the City's unincorporated Urban Growth Area and within Whatcom County's jurisdiction need to be reflected by City Code. 373 File # ZON2007-00016 September 25, 2008 Garages Page 9 14.Notice of the subject amendment was sent to the Department of Community, Trade and Economic Development (CTED) and other state agencies on August 29, 2008. On September 3, 2008 CTED notified Whatcom County that notice of the proposed amendment had been received and had been forwarded to other interested parties as required. No comments regarding the proposed amendment have been received from CTED, to date. 15.Notice of the Planning Commission public hearing for the proposed text amendment was published in the Bellingham Herald on September 14, 2008. 16.Staff contacted City of. Lynden planning staff on September 16, 2008 to request comments and suggestions regarding the proposed amendment. 17.Pursuant to Whatcom County Code (WCC) 20.90.050, as of September 25, 2008, Whatcom County planning and Development Services has: 1) Evaluated the proposed amendment in relationship to the goals, objectives and policies of the Whatcom County Comprehensive Plan as authorized by the Washington State Growth Management Act (GMA) - RCW 36.70A; 2) Addressed consistency with interlocal planning agreements between the County and associated cities; 3) Considered whether the proposed amendment is consistent with any associated city's comprehensive plan and 4) Considered possible environmental impacts that have been identified by the lead agency designated SEPA official through the State Environmental Policy Act (SEPA) threshold determination process. V. PROPOSED CONCLUSION There are no real disincentives in existing code that prevent developers or individual applicants from building homes and creating streetscapes that feature a pedestrian orientation in Whatcom County. It is for this reason that staff has concluded that a regulatory approach may be an effective way to introduce an element of choice into the mix of what is largely a garage dominated residential development pattern in Whatcom County. Staff concludes that by establishing regulatory standards for garage placement in urban neighborhoods, and that by providing regulatory incentives to encourage the development of alternatives to the traditional garage dominated residential housing design, that the result will be an increase in pedestrian oriented streetscapes and neighborhoods, and that this result will be in the best interest of the public. Moreover, the proposed amendment meets all of the legal requirements as noted within the Finding of Fact and Reasons for Action, and is consistent with the Growth Management Act, the Whatcom County Comprehensive Plan, and the Whatcom County's County Wide Planning Policies. V. RECOMMENDATION Staff recommends that the Planning Commission forward a recommendation of approval to the Whatcom County Council for the proposed zoning text amendment that is attached as Exhibit A. 374 File # ZON2007-00016 September 25, 2008 Garages Page 10 ATTACHMENTS • Attachment A - Preliminary Draft of Proposed Text • Attachment B - Urban Growth Area Maps 375 File # ZON2007-00016 September 25, 2008 Garages ATTACHMENT A Proposed Amendment to Whatcom County Official Zoning Ordinance - Title 20 File number ZON2007-00016 Listed below in draft form is proposed language to amend the Official Whatcom County Zoning Ordinance, Title 20, to provide regulations and incentives that result in the creation of pedestrian oriented streetscabes in, urbari residential zoning districts, and in urban growth areas. WCC 20.20.350 - Urban Residential - Building Setbacks WCC 20.22.350 - Urban Residential Medium Density = Building Settacks.' WCC 20.24.350 - Urban Residential Mixed - Building Setbacks The proposed amendment shall apply to the new construction of single and multi -family residential structures in urban..residential zoning districts, provided: 1) The provisions of this section shall only apply:a,n::short-te.rm planning areas with public water, sewer, and storm yvater collecti:an :end detention facilities; and 2) The provisions of this secti.orishall only aP.pl,y to. building lots that are a maximum of 22,000 squa,r64eet, created asof'the effective date of the adoption of this ordinance as`codified in this section (effective date listed here); and 3) For the purposes o imeasuring garage setbacks, habitable space that is above the garage shall,: be:.exempf�from garage setback requirements. (1) Front loaded..garages shall be set back a minimum of 5 feet from the froht building fagade as defined in WCC 20.97.476. Front loaded garages shall not occupy more than 50% of the s.ftont building fagade. (3) Tr.;Order to prevent automobiles from blocking pedestrian walkways, a minimum distance of 20 feet shall be provided from any garage door to the back of the abutting sidewalk, the designated front property line, or the road right of way, whichever is the greater setback. WCC 20.85.108 - Planned Unit Development - General Design Criteria Single and multi -family detached structures shall be designed in such a way as to increase the pedestrian orientation of the streetscape and to decrease the automobile orientation from the streetscape. 376 File # ZON2007-00016 September 25, 2008 Garages ATTACHMENT A WCC 20.85.108 (1) (g) - Planned Unit Development - Density Increases Single and multi -family development projects located in urban residential zoning districts that utilize rear lane or "alley" garage access may be granted a 15 percent increase in base density, provided: (1) Garages are located with direct maneuvering off of the alley; and (2) Front porches are included as part of the front building fagade; and (3) Site development conforms to Low Impact D.evelbpnaentStandards as adopted by Whatcom County in place at time of appl.caton. WCC 20.85.109 (6) - Planned Unit Development -, Setback ReclOcti. ans Setback reductions may be granted for single and.:Mu)ti4amily development projects utilizing rear lane or "alley" garage access, provided: (1) When front porches that measure a.,fHi n in.um or 6 feet?ih'depth and 10 feet in length are attached to the front`l ti ldIng facade:; front yard setbacks may be reduced to a minimum`ofJ$:feet from the back of the abutting sidewalk, the designated front property.11ne, or road right of way, whichever is the greater setback. WCC 20.97.476 - Definitions Front building fagade: The exterior front side of a building adjacent the designated front property line or:rig:ht.-of .way. For the purposes of measuring garage setbacks, measurements shall be taken. from the primary building wall excluding covered porches, decks and other ari~l:tectural projections. WCC 20�97...477 - Definitions Front P' rch:' A covered entrance::to a single or multi -family structure, projecting from and at.6c.h.ed to the primary building wall that lies adjacent to the designated front property ;lane, often partially enclosed. WCC 20.97.478 -`Definitions Garage: An attached or detached structure in which the primary purpose and function of the design is to accommodate access to, and the storage of automobiles. Front loaded garages are accessed from a driveway that is generally straight and perpendicular to the street or access road, and adjacent to the designated front property line. WCC 20.97.479 - Definitions Alley: A public right of way or easement less than 30' but greater than 10' for use by pedestrians, vehicles, public utilities, and/or other necessary public functions which affords only a secondary means of access to abutting property. 377 1!!�9 >L4 r��ij���:. i.\��1r��f�� ♦�1� obi 1 �����'iil4A•,!i?i+ �O �! *+Y�'4+►fir► .,• }, b • "• C Attachment B - , rc i Hi ((( ` O armonyR'. Ij Rd, iJw ..", re � Hunlle Rd. Van VW* RcP VAN CK : dew NC _. .... t ROS UR(3j _. ;r. . ' — -_ t r ......uAl Alt, ........ LII „l�•b1y,•si :,\,i'Y`'- s::3'' :ikv. "H11 ./ -•-rl'1'r 'i ... k�:, ��`r� ��''��,;.r,���:;;c�';:�;:;i:: �'✓•�• snwnwnrweor Meg I ipj %`:` _ j}]. "` it 1 1-� i Q' 1 ...I-�.,,...I '".•N': ON �' �i�`•'-�C. 7`y'G•�� �. e111Nlm:xlFVek ".' �z N.i RF jRF N�rY •lwar��44 �rs�ar®+a 4 ' ' _ (4• �1 File#. ZON2007-00016 September2005 - Urban Growth Areas/Zoning Designations QBellingham UGA — Short Term Planning Area 111W117! ME eFWXATC➢RI C9UHr!'e fill ➢ATRU,1.'M1U;9THE U5F9'S RH„EEMENr Wn,,,eE MLOW01➢ E7RTEF7EIR: �' a�Poai+ar ' C Gy �-L ,`T �.P<' 20 � �� Loos �� � [] UGA -Lon Term Planning Area g We6com Eou,h 016ohln, aryvamme of naeAeruGlllly uen,rcr nl Glxad@Icm,P4ranY n.dkil,ri��Yrw.e➢Fur mVrs„m mrrtoF. „r nL'uwttaCmavai tNypetleea;, rc�the nWr 9 � v7 Pl� �r.,vnr,cr,ea,ex'uuarGaeelyaladaa,l'stelmk:,m,¢, +44 au,ollt�, m�0 a,rweac eu ro,peEd.4l11yfuon Nr:ul, eee cwl0u.IPAa x, i?�!' •2 a�: •.2�- N Urban Residential Zone Designations g Mld WeenoI.Imm79uz1,,, Inelf67,pel,q eA1' dea,ve.for,. ornWIRr MAnalronenra,eMRn nee. •S :?• —�^b +*•:,j Wes: a ,s = 378 Attachment B b Prairie d. Di C � � EQ E ' AG O r, z P - U)' ` m! E 'm L Haveman Rd, r' !' o of — �i N I R�2) - i SR 546 m R(2) of „ . 1 Tj 'Rd- `� Trorrrn i I � o _ _ n Rd. -' Ko1c R:ct -!; j� t{_ �. V \:a• 0 -- \>a Poiinder Rd. '; l /VR(4 R(4) � f URM(6)_` <� RAbbotR d. AG of AG _.. E rM GC L m Val Dyk _.. m Lk.% Rd. RR ' File#: ZON2007-00016 September 2008 Lynden - Urban Growth Areas/Zoning Designations UGA -Long Term Planning Area A6REEHEWYMNUE OLLOW'M STA,EHERT EWER'S RI,{q r/O COGS OcaRy6teNtmy bO �P(��lM � ti �' L00e �f• 5/] UGA - Short Term Planning Area `�� Whal:om ee/trerrsYFaf mncctaxlellrf xae:nny 418rer[NOnmrp hr anypeglculttpu poce,eMazu:pmp or Ctee FG.[ym;a] On stow- IRTpltre. Ito Mplo"1 U000 WAMAY Nlte Ml,nrtrto:y,wroplA.aau or SSeaNlf of dtepk1W aAWt ywp. 5 '� xy.: m — :'J E fW. ALn6y yF.Ir411pltmlp pIl1E.VL�ll�et Wwrotporr1E191ylvrsrt Uuyt4 1-e •.��` 4N. ;. �~Y N:,•'�" Urban Residential Zone Designations ,WN•6PIeaf 10 b01e n.m:Om P�A�4eNeett 1106t eEd e{Be5d u1 ltmmO.Itlue, ar RsCflRr e11ga91tom ynr0ee of rpK aee. Z'••`\:;�_5/.-�—'y� ''rY __ r; , „ p, VELOPM 379 Attachment 6 Flee#. ZON2007-00016 September2008 Ferndale - Urban Growth Areas/Zoning Designations UGA— Short Term Planning Area USE Of WHATCOLi=HTr5 GIS DATA 1MFMTHE Uft" AOOEEMENTVATH TBE FUILOMa 4TATEWAY; \�\\ UGA - Long Term Planning 17hrttm: Ccurtq madulrnc cnTaam�lp el roc:Uaa:rOtA.y or r4x:nsg Area ° inn: aflAnn:rph mypadkN�rgOpere, elOanFa< u�Fnod. Krrasvwaxatlmidraxre�xYuratCetmamrpinerrar zxT, . , W 1rr, en 0 al cm ar atOj d dnbt f�pklni CP IEit Z. AMda:r offNe 97A rla'rFE-Or,n,.acdW'lU'iwOrr tl:Uwl, u� d,{,.lt,_.j Imlher epeosr la M1sld 6iiat:a:e Caanly aettNur Uan exl Wo:ml enT '`iM°-�'1..`z'}�:�,iyi:. tlrn+ati bco. er Urt1A1r ar1Cm Usa evrraa ei IE�nw. Urban Residential Zone Designations o 0.15 w OR 0.0 1.7 sad�'gp�'ye 1nFoa_UN PSooM cc;, X y o 2008 - . Z •`�,i s.. e VELOV • Attachment B . /._._. �'r+•_:rsa_..q •.v._..v._._._._._. r. r. r. Garfield- Ave �•�� - • I — _ - -- _ - - ?Fr- nt Sfi: 1 vJ M 7 f _ O k Rd. P • Morgcln Rd. AGI / ry tea. , - ..... 0 - L ` f Rd. Minaker Rd. 'R(I 0) ON, �1 a..._ =�a ry XI: Bis File#: ZON2007-00016 September 2006 Sumas - Urban Growth Areas/Zoning Designations UGA- Lon Term PlanningArea g CONNJYAWWO 311IT EAT THE USyd•A MIEE ENtW WITH A6NEEHENT WIII TEEFOJ8:6lNS S1ATEhlEllf: vv'' uw0 ? 2006 UGA- Short Term Planning Area WhalcePCowrty d;.clehc .INIoeY .IUlemw bra. wq..naAlT.f gmeAeLlCtlltp of.wriTa ,/ii.ti[e%it imi.f.. ChhW a yR.f M ImyuWtloriieue[eaaapv>imtyfEatlewnwrxa?aucur uy, e.rli amiva.n.y.rywA�daaie.ilil.amtle.n.� a zl;.```� I'� v�� ; a.. A.ylq.r of�.mip ee6tlov1. Nl rospocgWJrytcr ore letta.l,.n9 NRhef eE�.te In hold l5'I.iWt]6aU18y herrJa. b.a iS�iEAkvY rey .;- N� r' • 1 may: �'C" -.�� -• Urban Residential Zone Designations Yiniae.l.ci.INtliElHf Mth. 01f01i 10Y Gf7 Li IF1{RU•. .1c —��+; � °_ �_ y VELOPM' 381 Hampton Rd. AG Sti Timon R& Nolte Rd. - m J Q Cu Is. Rd. Tom Rd. r.a m 1 t 3 Attachment B 321 C) Z \; O Massey Rd. .. .. — 1 � Mack Rd. 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ZON2007-00016 September2008 Columbia Valley - Urban Growth Areas/Zoning Designations UGA -Long Term Planning Area pP.MFMW^E11iW71;i�lIEHYl4Wl9gSfA TMpgaF^'° qO&N o_¢4P01, �c��'7009 UGA - Short Term Planning Area W!$:¢m CGv!/pla6klrv¢¢rl{u'M¢atj0 ,w11,, aWllty Drvx,a¢$ dfila¢aa 0n lAla elapalril7 Daikalarpma¢N. ¢near mp�J}f lropeon xD rrp a¢¢afe1M¢m emaedpirmq¢w¢amtnp pm qam aea dapMe9wwaerap, �yT "�}�j� :y �.( �4-'1 y,¢anancq,maptsena,s arG¢apcl :AyDe¢r¢f Wt elp WDreta aq raap¢ed¢gltC tN."O,f¢e:¢r, WNW-4 CataY 4mndualnelasao¢xse aor W S;�-�..�/ -`i Urban Residential Zone Designations Danaoe.bDa.WgadR¢a(IaM1NA -,..:;.5 000saa os oa na os .PY@LOPNF' 384 0, CF Attachment B R 8tNNY MI PER NCR(5 uKnn d RC /OWi 9 s '.0'�� . _. 1 Fife#: ZON2007-00016 September 2008 Sudden Valley - Urban Growth Areas/Zoning Designations UGA - Short Term Planning Area IMEHT V7�ITHTHE EfNJ.OWua UAY THE USEX'S nr1b COGN o �P;GOIM 4009 UGA -Long Term Planning Area \\� afiv,Co:Z.,p Plmra4l'aemalE ofmm[AaGrOGdy'drwxraag M lil—of7Na nrn fur mYTadfoNa DmWo, aifF_a mp:upa ImpI1P0. 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Wnplzln �uorESalllY of dak lrplgei an lMr nTp. 4moy leeruf Nl<any] Tenevr4 raeToode191T tuure Nepal, �e0;y' � Y.'r r. a,�„w. 1 �Y -���.A a Urban Residential Zone Designations fuAwr ejle<i le hgld WlxtpaCCe6ly hF.l¢IeW IR61 Mld Tgelld tlaeTw, IpeT, d McWk1 egdee IIRp my ep a1tAlT .'i', Q '• �P6 `� , e, „ eA . �Z,2 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008 - 398 A CLEARANCES Date Date Received in Council Office Agenda Date Assigned To Orig. Dept.: 2/24/2009 2/24/2009 Introduction Division Head: 3/17/09 Public Hearin Dept. Head: Prosecutor: r Budget: Executive: SUBJECT. - Ordinance amend WCC pedestrian oriented streetscapes - w/out 20.80.211 language ATTACHMENTS SUMMARY STATEMENT. - Related County Contract #: Should the Clerk schedule a hearing? (Y/N) Y Requested Date: 3/17/2009 Ordinance adopting amendments to the Whatcom County Code, Title 20, to include regulations and incentives that result in the creation of pedestrian oriented streetscapes in urban growth areas; and also adopting amendments to Chapter 20.97 to add definitions that clarify terms used to describe elements of the streetscape. This version of the streetscape ordinance does not contain language to add section 20.80.211, Front Loaded Garage Setbacks, to the code. RECOMMENDED MOTION (for final action): COUNCIL ACTION TAKEN 2/24/2009: Introduced Related File Numbers: Ordinance or Resolution Number (this item only): 387 SPONSORED BY: PROPOSED BY: INTRODUCTION DATE: ORDINANCE # ADOPTING AMENDMENTS TO THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TITLE 20, TO INCLUDE INCENTIVES THAT RESULT IN THE CREATION OF PEDESTRIAN ORIENTED STREETSCAPES IN URBAN GROWTH AREAS, AND ALSO AMENDING CHAPTER 20.97 TO ADD DEFINITIONS THAT CLARIFY TERMS USED TO DESCRIBE ELEMENTS OF THE STREETSCAPE WHEREAS, Whatcom County Planning and Development Services received an application to amend the Official Whatcom County Zoning Ordinance, Title 20; and WHEREAS, Legal notice requirements have been met; and WHEREAS, On Thursday, September 25, 2008, the Whatcom County Planning Commission received the staff's findings and recommendations, and held a public hearing on the proposed amendment and considered all testimony; and WHEREAS, On September 25, 2008, the Whatcom County Planning Commission voted unanimously to forward a recommendation of approval for the proposed amendment to the Whatcom County Council; and WHEREAS, On January 27, 2009, the Whatcom County Council considered the Planning Commission's Findings of Fact and Reasons for Action, Conclusions and Recommendation for the proposed amendment and voted to depart from the Planning Commission's recommendation by voting to delete the regulatory provisions from the amendment as proposed; and WHEREAS, On February 24, 2009, the Whatcom County Council held a public hearing to consider all testimony on the modified version of the amendment as amended by Council, and after discussion a motion was made to re -introduce the version of the amendment as originally recommended by the Planning Commission and also to re -introduce the modified version as amended by Council so that both versions of the amendment could be considered at public hearings scheduled on March 17, 2009; and WHEREAS, On March 17, 2009, the Whatcom County Council held a public hearing to consider the modified version of the amendment as amended by Council, and after hearing all testimony, the Council voted to approve the modified version of the proposed amendment as amended by Council on January 27, 2009; and WHEREAS, The amendment conforms to the requirements of the Growth Management Act, is consistent with the Goals and Policies of the Whatcom County Comprehensive Plan, the County -Wide Planning Policies, and has been evaluated for consistency with the interlocal agreements and comprehensive plans of associated cities; and WHEREAS, The County Council has adopted the following Findings of Fact: FINDINGS OF FACT FINDINGS OF FACT AND REASONS FOR ACTION 1. On January 5, 2007, Whatcom County Planning and Development Services Department received an application to amend the Official Whatcom County Zoning Ordinance that was submitted by Whatcom County Planning Commissioners, John Lesow and Ken Mann. The purpose of the proposed amendment was to include language in the Official Whatcom County Zoning Ordinance that would prevent or discourage garage dominated streetscapes. 2. On June 14, 2007, John Lesow and Ken Mann proposed that the Planning Commission initiate the proposed amendment. Commissioner Burdge moved to support the text amendment as a Commission, Lesow seconded, and the motion carried. 3. On May 8, 2008, during the Planning Commission regular meeting work session, the proposed text amendment was discussed and issues were raised about whether the placement of garages should be addressed with a regulatory mandate, regulatory incentives, or a combination of both of these approaches. Concerns were raised about the potential for increased impervious surfaces resulting from mandated rear lane alleys. 4. On May 30, 2008, City of Blaine planners spoke with County staff regarding the intent of the proposed amendment to provide for more pedestrian oriented streetscapes within the City's urban growth areas. City of Blaine planners were in support of the County's efforts 5. On July 15, 2008, discussion took place between County and City of Bellingham planning staff to assess whether the proposed amendment would be consistent with City regulations. City of Bellingham provided examples of residential design codes and guidelines, and shared copies of 2003 and 2005 Hearing Examiner decisions that set forth conditions intended to reduce the garage dominance of newly constructed residences in housing development project applications. 6. At the July 24, 2008 Planning Commission regular meeting work session, staff presented a research report, and facilitated discussion that resulted in clarification about the intent of the proposed amendment. 7. As a result of the discussion that took place at the July 24, 2008 regular meeting work session, the Planning Commission agreed that the regulations applying to the positioning of garages on lots should be applicable to Urban Residential Zoning Districts within Urban Growth Areas, and directed staff to .0 draft code provisions that regulate placement of the garage; provide regulatory incentives in the form of density bonuses, reduced front yard setbacks, and address the potential impacts of impervious surfaces that might result from implementation of the proposed regulations if adopted. 8. On August 21, 2008, staff facilitated a collaborative discussion with Whatcom County Building Services, Long Range Planning, Current Planning, Public Works - Engineering, and the Fire Marshal's Office. Comments and suggestions were received and incorporated into the proposed amendment text. Specifically, it became clear that the amendment should only apply to new construction (not remodels) on newly created lots, and that definitions should also be included for clarity and for ease of implementation. Staff drafted provisions that would only apply in short term planning areas within urban growth areas. These provisions would regulate the placement and the size of front loaded garages relative to the front of the home in urban residential zone districts, and provide incentives in the form of density bonuses and setback reductions for applications submitted as part of a planned unit development when specific criteria such as rear lane garage access, Front porches, and low impact development standards (in place at time of application) are met. 9. On August 22, 2008, the Whatcom County State Environmental Policy Act (SEPA) Official issued a SEPA threshold Determination of Non -Significance (DNS) in regards to the proposed text amendment, a non -project action. The comment period for this determination ended on September 5, 2008. No comments were received regarding this determination. The date on which to file an appeal to this determination concluded on September 15, 2008. No appeals were made to this determination. 10. On August 25, 2008, staff held a meeting with City of Everson, Nooksack and Sumas planning staff to discuss a preliminary draft of the proposed amendment. Verbal comments were noted in regards to the potential difficulty of applying the regulations to habitable space above garages and to side loaded garages. The draft was later modified to incorporate a suggestion that garage setback requirements should only apply to "front loaded garages", and providing that habitable space above the garage should be exempt. It was also noted that definitions be included to clarify terms for ease of implementation. 11. On August 25, 2008, staff spoke with City of Ferndale planning staff regarding the proposed amendment to find out if the regulations would be consistent with City of Ferndale residential development regulations or design standards. 12. On August 26, 2008, City of Ferndale commented that although the concept may be a good one, the City does not believe that the County has the right to develop any guidelines that are not reflected by City code. Staff has noted that there are no apparent inconsistencies between the proposed amendment and City codes. 390 13. On August 27, 2008, staff reviewed the 1999 Interlocal Agreement between the City of Ferndale and Whatcom County and found that the County and the City recognize and agree that mutual coordination of land use densities and designations is necessary. The City and the County also agree that when processing development applications such as rezones, administrative approval and conditional use permits, subdivisions and planned unit developments, that the County shall consult with the City and invite the City's participation and response when processing these applications for development. Upon reviewing the 1999 Interlocal Agreement, staff noted the absence of any stipulated agreement to indicate that proposed zoning text amendments regarding specific uses within the City's unincorporated Urban Growth Area and within Whatcom County's jurisdiction need to be reflected by City Code. 14. Notice of the subject amendment was sent to the Department of Community, Trade and Economic Development (CTED) and other state agencies on August 29, 2008. On September 3, 2008 CTED notified Whatcom County that notice of the proposed amendment had been received and had been forwarded to other interested parties as required. No comments regarding the proposed amendment have been received from CTED, to date. 15. Notice of the Planning Commission public hearing for the proposed text amendment was published in the Bellingham Herald on September 14, 2008. 16. Staff contacted City of Lynden planning staff on September 16, 2008 to request comments and suggestions regarding the proposed amendment. 17. Pursuant to Whatcom County Code (WCC) 20.90.050, as of September 25, 2008, Whatcom County Planning and Development Services has: 1) Evaluated the proposed amendment in relationship to the goals, objectives and policies of the Whatcom County Comprehensive Plan as authorized by the Washington State Growth Management Act (GMA) - RCW 36.70A; 2) Addressed consistency with interlocal planning agreements between the County and associated cities; 3) Considered whether the proposed amendment is consistent with any associated city's comprehensive plan and 4) Considered possible environmental impacts that have been identified by the lead agency designated SEPA official through the State Environmental Policy Act (SEPA) threshold determination process. 18. On September 25, 2008, the Whatcom County Planning Commission held a public hearing related to the subject amendment, and after hearing all testimony, and after revising the definition of "Garages" and adding a new definition for "Front Loaded Garages", the Commission voted unanimously to forward to the County Council, a recommendation of approval for the proposed amendment. 19. On September 25, 2008, and on October 15, 2008 Whatcom County Planning and Development Services Department (PDS) staff received comments from Washington State Department of Community, Trade and Economic Development (CTED) regarding the subject amendment. CTED advised PDS staff to consider the work of other communities who have 391 adopted street design guidelines that encourage a pedestrian orientation to the streetscape. CTED also suggested that PDS staff consider the work of "Complete the Streets" http://www.completestreets.org/, an organization that provides resources and guidance to communities who are in the process of developing pedestrian oriented streetscapes in urban communities. 20. On October 27, 2008, staff reviewed the definition of "Front Loaded Garages" that had been revised at the September 25, 2008 public hearing; upon scrutiny, staff determined that the definition was cumbersome, and not easy to understand. Staff reworded the definition so that the meaning was clearer, and the substance remained unchanged. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Official Whatcom County Zoning Ordinance, Title 20 is hereby amended as shown in Attachment A. Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of this ordinance shall not affect or impair the validity of the ordinance as a whole or any part thereof other than the part so declared to be invalid. ADOPTED this day of , 2009 WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Seth Fleetwood, Chairperson APPROVED as to form: Rq gingham, Civil Deputy Prosecutor ( ) Approved ( ) Denied Date: Pete Kremen, Executive 392 ATTACHMENT A Amendments to the Official Whatcom County Zoning Ordinance - Title 20 Chapter 20.85 - Planned Unit Development (PUD) 20.85.102 - General Design Criteria M Major and local streets, the location of all buildings, parking areas, pedestrian bicycle and vehicular ways, and utility easements shall be designed to promote public safety, compatibility of uses, minimize conflict between uses, and reasonably maintain topography and other natural features. (2) Single and multi -family detached structures shall be designed in such a way as to increase the pedestrian orientation of the streetscape and to decrease the automobile orientation from the streetscape. 20.85.108 - Density Increases (1) L(11 Single and multi -family development projects located in urban residential zoning districts that utilize rear lane or "alley" garage access may be granted a 15 percent increase in base density, provided: (i) Garages are located with direct maneuvering off of the alley; and (ii) Front porches are included as part of the front building fagade; and (iii) Site development conforms to Low Impact Development Standards as adopted by Whatcom County in place at time of application. 20.85.109 (6) - Setback Reductions Setback reductions may be granted for single and multi -family development projects utilizing rear lane or "alley" garage access, provided: (a) When front porches that measure a minimum or 6 feet in depth and 10 feet in length are attached to the front building facade, front yard setbacks may be reduced to a minimum of 15 feet from the back of the abutting sidewalk, the designated front property line, or road right of way, whichever is the greater setback. (b) Site development conforms to Low Impact Development Standards as adopted by Whatcom County in place at time of application. 393 ATTACHMENT A Chapter 20.97 - Definitions 20.97.160.1 Front building fagade means the exterior Front side of a building adjacent to the designated front property line or right of way. For the purposes of measuring_ garage setbacks, measurements shall be taken from the primary building wall excluding covered porches, decks and other architectural projections. 20.97.160.3 Front porch: A covered entrance to a single or multi -family structure, projecting From and attached to the primary building wall that lies adjacent to the designated front property line, often partially enclosed. 20.97.161.1 Garage: An attached or detached structure in which the primary purpose and function of the design is to accommodate access to, and the storage of automobiles. 20.97.160.2 Front loaded garages: Garages that are accessed from a driveway that is perpendicular to the street or access road, with garage doors parallel to the designated front property line. 20.97.013.1 Alley: A public right of way or easement less than 30' but greater than 10' for use by pedestrians, vehicles, public utilities, and/or other necessary public functions which affords only a secondary means of access to abutting property_ 394 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-303C CLEARANCES Initial Date Date Received in Council Office Agenda Date Ass! ed to: Originator. �3V 9 2/10/09 R/Introduce Peter Gill M Division Head: Oliver Grah �_ 2/24/09 Hearin Dept Head: David Stalheim 7 2009 UJ Prosecutor: Royce Buckingham/ Karen Frakes / I 4 O G C ii y h ATC j �� COUNTY C �, i d 1 t Purchasing/Budget.. Executive: ::: V Pete Kremen TITLE OF DOXMENT: Resolution amending the Shoreline Management Program ATTACHMENTS: Potential amendments to the Shoreline Management Program and cover letter to Natural Resource Committee. SEPA review required? ( )Fes ( x ) NO Should Clerk schedule a hearing? () Yes ( ) NO SERA review completed? ( )Fes ( x ) NO Requested Date: .2_ 2 U SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) As requested at the January 27, 2009 Natural Resources Committee meeting, we will be presenting code modifications to the Shoreline Management Program (effective Aug. 8, 2008). The amendments are intended to address public concerns over damage to non -conforming structures, the 2500 sgft buildable area on non -conforming lots, and Department of Ecology changes to the Cherry Point Management Area and definitions. These issues were raised at the Natural Resource Committee on Oct. 21, 2008 through proposed resolution AB2008-381. The proposed amendments have been posted to Shorelines web site for public review. The amendments have received input from the Citizens Advisory Committee and the Natural Resource Committee in January. Following Natural Resources Committee review and input, this resolution can be introduced at the February 10, 2009 Council meeting. COMMITTEE ACTION. COUNCIL ACTION.• September 9,2008— Further discussion ofEcology 2/10/2009: Introduced substitute version changes and hear public comment 2/24/2009: Action to be scheduled for a October 21, 2008 — Request for amendments pursuant later date to Ecology changes and public comment December 9, 2008 — Input on draft amendments January 27, 2009 — Input on draft amendments '2/10/2009: Discussed and amended and recommended for introduction as amended. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www.co.whatcom.wauslcouncil. 395 SPONSORED BY: PROPOSED BY• PDS INTRODUCTION DATE: Resolution NO. A WHATCOM COUNTY RESOLUTION, DECLARING THE COUNCIL'S APPROVAL AND INTENTION TO ADOPT THE FEBRUARY 10, 2009 AMENDMENTS TO WHATCOM COUNTY CODE, TITLE 23 — SHORELINE MANAGEMENT PROGRAM; WHEREAS, the Washington State Legislature passed the Shoreline Management Act (SMA) in 1971 requiring counties and cities to adopt and administer local shoreline management programs to carry out the provisions of the Act; and WHEREAS, the Whatcom County Shoreline Management Program (WCC, Title 23 [SMP]) was originally adopted on May 27, 1976 and approved by the Department of Ecology on August 27, 1976; and WHEREAS, in 1995 the State Legislature directed the Washington State Department of Ecology to update the Shoreline Management Program Guidelines (WAC 173-26), which serve as the standards and guidance that local governments must follow in drafting local shoreline management programs; and WHEREAS, in December 2003, the Department of Ecology adopted new, revised Shoreline Guidelines (WAC 173-26); and WHEREAS, pursuant to RCW 90.58.080, Whatcom County was required to review and update its existing 1998 Shoreline Management Program to ensure conformance with the required elements of the 2003 Shoreline Guidelines; and WHEREAS, Whatcom County passed Ordinance #2007-017 adopting the Shoreline Management Program amendment on February 27, 2007; and WHEREAS, on August 8, 2008 the State Department of Ecology approved the Whatcom County Shoreline Management Program with changes, per WAC 173-26-120; and, WHEREAS, significant public comments were heard following Washington State Department of Ecology approval that resulted in the proposed amendments; and 1 of 3 396 WHEREAS, comments were solicited from federal, state, local, regional and tribal interests in accordance with Chapter 90.58.130 RCW; and WHEREAS, on November 26, 2008, draft amendments to the County Shoreline Management Program were sent to the Department of Ecology for comment in accordance with WAC 173-26-100(5), a meeting was held on December 19, 2008 to discuss potential amendments, and on Dec. 18 and Jan.2, 2009, Ecology provided the County with comments; and, WHEREAS, on December 3, 2008, draft amendments to the County Shoreline Management Program were sent to the Department of Community, Trade and Economic Development in accordance with WAC 173-26-100(5) and RCW 36.70A.106; and, WHEREAS, the County Shoreline Citizens Advisory Committee provided input to the draft amendments at a public meeting on January 7, 2009; and, WHEREAS, the Whatcom County Natural Resources Committee held public meetings on December 2, 2008, February_10, 2009, and January 27, 2009 to review the proposed shoreline master program amendments; and, WHEREAS, as a result of these meetings, revisions recommended by the public, commenting agencies and the Department of Ecology were incorporated into the proposed shoreline master program amendments; and, WHEREAS, the Whatcom County Natural Resource Committee recommended approval of the proposed amendments on Tuesday February 10, 2009; and WHEREAS, the revised shoreline master program was formally considered by the County Council during a public hearing held on February 24, 2009, as advertised in accordance with WAC 173-26-100; and, WHEREAS, pursuant to RCW 36.70.390, legal notice was published in the Bellingham Herald on February 14, 2009; and WHEREAS, the Whatcom County Council finds the amendments to be in the best interest of the public health, safety and welfare; and WHEREAS, the County Council directed the Planning Department to send the proposed shoreline master program amendments and supporting materials, consistent with WAC 173-26-110 submittal requirements, to Ecology for its review and adoption. 2 of 3 397 NOW THEREFORE, BE IT RESOLVED by the Whatcom County Council as follows: 1) The Whatcom County Council approves the February 10, 2009 shoreline master program amendments that are attached to this resolution and incorporated herein by reference, with the understanding that in accordance with RCW 90.58.190(3), the proposed shoreline master program amendments will become effective locally immediately upon formal State Department of Ecology adoption; and, 2) If Ecology adopts the amendments, the Whatcom County Council intends to adopt (and codify), by ordinance, the subject shoreline master program amendments. APPROVED this day of , 2009. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM: Ci�ijl-Qej3ut" r so ecutor Seth Fleetwood, Council Chair I:\SHARED\RES\2009\ResolutionSMPAmendments 2.1$.doc 3 of 3 WV WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM 3. National Environmental Policy Act of 1969, (NEPA) 4. Coastal Zone Management Act of 1972, as amended 5. Federal Water Pollution Control Act, as amended 6. Flood Insurance Act of 1968, as amended 7. Clean Air Act, as amended 8. Endangered Species Act (ESA) 23.50.04 Application within Federal Reserves A. The shoreline permit procedures, policies and regulations established in this Program shall apply to development or use of shorelines of the state within National Forests, National Parks and National Recreation Areas by persons other than federal agencies. B. As recognized by RCW 90.58.350, the provisions of this Program shall not apply to lands held in trust by the United States for Indian Nations, tribes or individuals. 23.50.05 Program Effects on Property Values A. As provided for in RCW 90.58.290, the restrictions imposed upon use of real property through implementation of, policies and regulations of the Act and this Program shall be duly considered by the County Assessor and the County Board of Equalization in establishing the fair market value of such properties. B. Designation of private property as a Natural or Conservancy shoreline area pursuant to Chapter 3 shall qualify the property as meeting the definition of 'open space land" under the Open Space Taxation Act of 1970, as amended (RCW 84.34.020(1)) and shall qualify such land for application for Open Space Taxation in accordance with RCW 84.34.37 and WCC 3.28. 23.50.06 Hazardous Substance Remedial Actions The procedural requirements of RCW 90.58 shall not apply to a project for which a consent decree, order, or agreed order has been issued pursuant to RCW 70.105D or to the Department of Ecology when it conducts a remedial action under RCW 70.105D. The Department of Ecology shall, in consultation with the Administrator, assure that such projects comply with the substantive requirements of RCW 90.58, WAC 173-26 and this Program. 23.50.07 Non -conforming Development The following provisions shall apply to lawfully established uses, buildings and/or structures that do not meet the specific standards of this Program. A. The lawfully established use of any building, structure, land or premises existing on the effective date of initial adoption of the Program (August 27, 1976), or any subsequent amendment thereto or authorized under a permit or approval issued, or otherwise vested, prior to the effective date of initial adoption of the Program or any subsequent amendment thereafter shall be considered nonconforming and may be continued, subject to the provisions of this section; provided that, agricultural activities shall conform to WCC 16.16.290; provided further that, bulkheads shall conform to SMP 23.100.13. 36 399 CHAPTER 5 — APPLICABILITY AND NON -CONFORMING USES B. An existing use designated as a conditional use that lawfully existed prior to the adoption of this Program or the adoption of an applicable amendment hereto and which has not obtained a conditional use permit shall be considered a legal non -conforming use and may be continued subject to the provisions of this section without obtaining a conditional use permit. C. A structure for which a variance has been issued but which does not comply with applicable requirements of this Program as amended shall be considered a legal non- conforming structure and the requirements of this section shall apply. D. Non -conforming structures may be maintained, repaired, renovated, or remodeled to the extent that non-conformance with the standards and regulations of this Program is not increased, provided that a non -conforming development that is moved any distance must be brought into conformance with this Program and the Act; provided further, that as a conditional use a non -conforming dock may be modified, reoriented or altered within the same general location to be more consistent with the provisions of this SMP. E. Non -conforming structures, other than single family residences and their appurtenances, that are expanded or enlarged must obtain a variance or be brought into conformance with this Program and the Act; provided that, ^^^-^^^{^"'"`I^^ c0^^le faMil • FeSide^^^^ may be expanded VO-14AG-ut a YariaAGe where the pre -visions of SAW 23 50 07.1 apply; and non -conforming structures with conforming uses within commercial or mixed -use developments may be expanded or enlarged within the existing building footprint as a conditional use pursuant to G"MP 23.100.05.B.1(e). F. Non -conforming structures, (including accessory structures) that are damaged or destroyed by fire, explosion, flood, or other casualty may be restored or replaced in kind PregFam; provided that, felle inn ^•^ Fne : The single familv residence or accessory structure to be restored or replaced, is not in a hazardous area, and Tthe ep rmit process is commenced within eighteen (18) months of the date of such damage; and the reconstruction does not expand, enlarge, or otherwise increase the non -conformity, except as provided for in subsection (H) and (1) below; provided that, a structure can be replaced or restored in a coastal high hazard area subiect to all applicable Whatcom County building and development codes. 2. Non -conforming uses can be replaced in kind if there is no feasible alternative that allows for compliance with the provisions of this Program, and the permit process is commenced within (18) months of the date of such damage. and Tthe reconstruction does not expand, enlarge, or otherwise increase the non -conformity, except as provided for in subsection (E) above or (H) and below. G. If a non-agricultural non -conforming use is intentionally abandoned for a period of twelve (12) months or more, then any future use of the non -conforming building, land or premises shall be consistent with the provisions of this Program. H. Replacement of any non -conforming structures or buildings or portions thereof within the Aquatic shoreline area shall comply with Program requirements for materials that come in contact with the water pursuant to SMP 23.90.04.B.5; provided that, replacement of 37 o11 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM existing wood pilings with chemically treated wood is allowed for maintenance purposes where use of a different material such as steel or concrete would result in unreasonable or unsafe structural complications; further provided that, where such replacement exceeds twenty percent (20%) of the existing pilings over a ten (10) year period, such pilings shall conform to the standard provisions of this section. Enlargement or expansion of single family residences by the addition of space to the main structure or by the addition of normal appurtenances as defined in Chapter 11, that extend waterward of the existing primary residential foundation walls, further into a critical area (excluding the buffers of the critical areas), further into the minimum required side yard setback, or that increase the structure height above the limits established by this Program shall require a variance; provided that, expansion of non -conforming single family residences other than that specified in this section (1), may be expanded without a variance where the provisions of SMP 23.50.07(J) or (K) apples Gar. _ er:�:azn:r_e J. The enlargement or expansion of single familv residences by the addition of space to the exterior of the main structure or normal appurtenances is permitted without a conditional use permit or variance once during the life of the structure. The structure shall be located landward of the ordinary high water mark, and any expansion of the footprint is landward of the existing building footprint, (not in the side yard) and any vertical expansion is within the existing buildinq footprint; provided that the following conditions are met: 1. Enlargements, expansions or additions that increase the existing primary structure, or normal appurtenances by up to 250 square feet of gross floor area shall be allowed provided the expansion or addition will occur on a previously impacted impervious surface and the expansion is not waterward of the common - line setback as defined in appendix F. 2. Enlargements, expansions or additions that increase the total footprint of the existing primary structure, or normal appurtenances by 250 - 500 square feet of gross floor area shall be allowed provided that the addition will occur on a Previously impacted impervious surface and the expansion is not waterward of 38 401 CHAPTER 5 — APPLICABILITY AND NON -CONFORMING USES the common -line setback as defined in appendix F: further provided, that the shoreline is enhanced by the equivalent area of building footprint that is expanded. If enhanced through planting, the Administrator shall require a vegetation management plan consistent with 23.90.06.B(2). K. The Administrator shall require a conditional use permit if the enlargement or expansion of single family residences by the addition of space to the exterior of the main structure, or normal appurtenances is in excess of those allowances provided in SMP 23.50.07.J. Ld. A structure that is being or has been used for a non -conforming use may be used for a different non -conforming use only upon the approval of a conditional use permit. In addition to the conditional use criteria of SMP 23.60.04, before approving a conditional use for a change in non -conforming use, the Hearing Examiner shall also find that: No reasonable alternative conforming use is practical because of the configuration of the structure and/or the property; 2. The proposed use will be at least as consistent with the policies and provisions of the Act and this Program and as compatible with the uses in the area as the preexisting use; 3. The use or activity is enlarged, intensified, increased or altered only to the minimum amount necessary to achieve the intended functional purpose; 4. The structure(s) associated with the non -conforming use shall not be expanded in a manner that increases the extent of the non -conformity including encroachment into areas, such as setbacks, and any critical areas and/or associated buffers established by WCC 16.16, where new structures, development or use would not be allowed; 5. The vegetation conservation standards of SMP 23.90.06.6.3 are met; 6. The change in use, remodel or expansion will not create adverse impacts to shoreline ecological functions and/or processes; and 7. Uses which are specifically prohibited or which would thwart the intent of the Act or this Program shall not be authorized. M. Conforming lots have a building area of more than 2,500 square feet available for a single family residence and normal appurtenances and unrestricted by setbacks or buffers from shorelines shall comply with the provisions of this Program. N. Where permitted according to shoreline area designations (SMP Table 23.100.01). new single family development on any legal lot in shoreline jurisdiction that is nonconforming with respect to the required shoreline buffer standards may be allowed without a shoreline variance when all of the following criteria are met: 1. The depth of the lot (the distance from the ordinary high watermark to the inside edge of the frontage setback) is equal to or less than the standard buffer as indicated in WCC 16.16; and, 39 402 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM 2. The building area is twenty five hundred (2,500) square feet or less, provided that appropriate measures are taken to mitigate all adverse impacts, including but not limited to locating the residence in the least environmentally damaging location relative to the shoreline. The building area means the entire area that will be disturbed to construct the home, normal appurtenances (except on -site sewage systems), and landscaping. Building area does not include the sideyard and frontage setback provided that administrative reductions to sidevard and/or frontage setbacks shall be pursued when doing so will not create a hazardous condition or a condition that is inconsistent with this Program and Title 20, and, 3. All single family residences approved under this section shall not extend waterward of the common -line setback as measured in accordance with Appendix F; and, 4. The lot is not subject to landslide hazard areas, alluvial fan hazard areas, or dverine and coastal erosion hazard areas or associated buffers as provided in WCC 16.16.310: and, 5. The nonconforming lot was created prior to August 8, 2008; and, 6. There is no opportunity to consolidate lots under common ownership that will alleviate the nonconformity; and, 7. The area between the structure and the shoreline shall comply with the vegetation conservation standards of SMP 23.90.06.B.3; and, 8. Development may not take place waterward of the ordinary high water mark; and, 9. On -site sewage systems may be allowed within critical areas and their buffers, excluding actual water bodies such as wetlands, streams and lakes, outside of the building area specified above, subject to specific criteria in WCC 16.16. nentiquous a e Fshin Ines. than 20,000 e 000 square feet i and net subject to Landslide hazard aFeas, alluvial faR h;-i;-E.;;rd- area and GGastal eFesion hazard areas a G�tT.T. . . .....S 40 403 CHAPTER 5 — APPLICABILITY AND NON -CONFORMING USES O. Redevelopment of non -conforming right-of-ways and associated transportation structures, such as railroad trestles, may be permitted for purposes of facilitating the development of public trails and/or public shoreline access; provided that, such redevelopment shall be otherwise consistent with the provisions of this Program, including but not limited to the provisions for public access and no net loss of shoreline ecological functions and processes, except as provided for in subsections (E) and (H) above. 23.50.08 Property Rights A. Decisions on shoreline permits and/or approvals shall recognize all relevant constitutional and other legal limitations on the regulation of private property. Findings shall assure that conditions imposed relate to the governmental authority and responsibility to protect the public health, safety, and welfare, are consistent with the purposes of the Act, and are roughly proportional to the expected impact. B. This Program does not alter existing law on access to or trespass on private property and does not give the general public any right to enter private property without the owner's permission. C. Consistent with Whatcom County's high standard of staff conduct, County staff observe all applicable Federal and State laws regarding entry onto privately owned property. 41 M H Z w 2 a O J ?w W 0 0 z Q w co w z J w w O i 0 w a a x U c O is c aM m G d Q d N d C O t N O O O 7 CO) N _d d W H a U) r. C a a X a c=i a 3 x a X ae. a X x v U a a x �? x a cr a Q �a w * x Q z x x x x x x x x U x Z v c �a a a X as Z � � U U � x a x x c� c c O v o R d C U 'rn c a a X a s Q Z a U U U a U a ^1: U U G 0 d 0 a a X as z a U U U a U a a U U o: r � m � c c� ` ix a.z a U U U a a x x x U t d co c eca a 0 N L a X aU Q Z U U U U a x x x X U C O C� c C y x a.X as Z a U U U �a a X X x x 3 N C W a X as Z a U U yU toa a x a U ci N c o E +; r ca :� LL ct c 0 O d O � a O m vOi io (D__ •U w 3 N 0 •• c a c O c� c o. C C c CL C C c O a1 i 'aye E > R c—o— a t' O N V i roc 0. f0 O` o N d w U D LL. w O m` -0 y .� U ` U y`= d a y E y E 0 7 v N c U c0 N D E Q O N O C c 0 O y rr .�. O D .�. O Zvi O t U) .` Q Q E O N U oc0 O N D ��Ea.'E�E'o O r O D O ouz 0 0 0 N O O cam: t N 0 0 0—=q) •a Co 0 1 -0Z O- y -aa m cm��U NC5� cep W L.L U-o 0LL. G r> Co 405 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM a. The County shall require professionally engineered design of any proposed flood control works or instream structure. b. The design of all dams and the suitability of the proposed site for dam construction shall be certified by a professional engineer licensed in the State of Washington. The professional design shall include a maintenance schedule. C. For all dams that are not regulated by either the Federal Energy Regulatory Commission licensing procedures, or the State Department of Ecology reservoir permit requirements, a maintenance agreement and construction bond for one -hundred -fifty percent (150%) of the cost of the structure shall be filed with the Director of the Public Works Department prior to construction. The maintenance agreement shall specify who is responsible for maintenance, shall incorporate the maintenance schedule specified by the design engineer, shall require annual inspections by a Civil Engineer licensed in the State of Washington and shall stipulate abandonment procedures which shall include, where appropriate, provisions for site restoration. No flood control works or instream structure may commence without the developer having obtained all applicable federal, state, and local permits and approvals, including but not limited to an HPA from the State Department of Fish and Wildlife. 23.100.06.0 Flood Control Works and Instream Structures — Shoreline Area Regulations Urban: Flood control works and instream structures are permitted subject to policies and regulations of this Program. 2. Urban Resort: Flood control works and instream structures are permitted subject to policies and regulations of this Program. 3. Urban Conservancy: Flood control works and instream structures are permitted subject to policies and regulations of this Program; provided that, channelization or dams for flood control are prohibited. 4. Shoreline Residential: Flood control works and instream structures are permitted subject to policies and regulations of this Program. 5. Rural: Flood control works and instream structures are permitted subject to policies and regulations of this Program; provided that, channelization or dams for flood control may be permitted as a conditional use. 6. Resource: Flood control works and instream structures are permitted subject to policies and regulations of this Program; provided that, channelization or dams for flood control may be permitted as a conditional use. 7. Conservancy: Flood control works and instream structures are permitted use -subject to policies and regulations; provided that, channelization or dams for flood control are prohibited. 8. Natural: Flood control works and instream structures are prohibited except for normal maintenance and repair. 133 M CHAPTER 10 —CHERRY POINT MANAGEMENT AREA Facilities that allow for multiple use of piers, cargo handling, storage, parking and other accessory facilities are encouraged. 23.100.17.A.4 Public Access a. Where appropriate, industrial and port development within the Cherry Point Management Area should provide public beach and shoreline access in a manner that does not cause interference with facility operations or present hazards to life and property. This may be accomplished through individual action or by joint, coordinated action with other developers and landowners, for example, by setting aside a common public access area. b. Special emphasis should be given to providing public beach and shoreline access for recreational opportunities including but not limited to crabbing, small craft launching, surf fishing, picnicking, clamming, and beach walking. C. Public access within the Cherry Point Management Area should be consistent with the Whatcom County Parks and Recreation Open Space Plan. 23.100.17.A.5 Shoreline Ecological Functions and Processes In recognition of the diverse and vital ecological resources in the Cherry Point Management Area, consideration of probable effects of all development proposals on shoreline ecological functions and processes should be assessed with the other long term statewide interests. —New port development that requires dredge and fill should not be permitted in the Cherry Point Management Area due to potential adverse effects on ecological functions, including fish and shellfish habitat and geo-hydraulic processes. 23.100.17.A.6 Aesthetics All development should be designed to avoid or minimize negative visual impacts on the scenic character of the area and to ensure visual compatibility with adjacent non -industrial zoned properties. 23.100.17.A.7 Site Development All development should be constructed and operated in a manner that while permitting water - dependent uses, also protects shoreline resources, their ecological functions and processes, and that incorporates the following: a. Low impact development approaches to avoid or minimize adverse impact to topography, vegetation, water quality, fish and wildlife habitat, and other natural site conditions; b. Adequate temporary and permanent management measures to control erosion and sediment impacts during construction and operation; and C. Adequate stormwater management facilities. 23.100.17.13 Cherry Point Management Area — Regulations 187 407 CHAPTER 10— CHERRY POINT MANAGEMENT AREA 23.100.17.B.3 Critical Areas In addition to meeting the provisions of Ch 23.90.03 Ecological Protection and Critical Areas, development and alteration shall not be located or expanded within critical areas designated pursuant to WCC 16.16 except where the site is approved for water -dependent use, and the following are met: a. Mitigation to achieve no net loss of ecological functions and processes shall be conducted in accordance with SMP 23.90.03. Development and alteration shall not be allowed in wetlands in the backshore area. Upland development shall demonstrate that changes in local hydrology will not decrease the viability of the wetland environment nor degrade the existing water quality within the wetland. C. The minimum required setback from the OHWM for all industrial and port facilities, including development components, which do not require a water's edge or water surface location shall be 150 feet; provided that, bluffs and banks greater than 10 feet in height and sloping greater than thirty percent (30%) and wetland shorelines shall have such setbacks measured from the crest of the bank or the edge of the wetland in addition to the OHWM. d. Development and alteration other than recreation development for public and quasi - public shoreline access is prohibited on the accretion shoreforms identified on the map in Appendix C, subject to the regulations in this section and consistent with the Conservancy and Aquatic Shoreline Area Designation policies and regulations of Chapters 9 and 10; provided that lawfully established uses or developments may be maintained subject to the provisions of SMP 23.50.07. 23.100.17.B.4 Location and Design a. Piers (1) Piers shall be designed to accommodate only the necessary and intrinsic activities associated with the movement of material and cargo from land to water and water to land. The length of piers shall not extend beyond that which is necessary to accommodate the draft of the vessels intending to use the facility. Due to the environmental sensitivity of the area, Whatcom County shall limit the number of piers to one (1) pier, in addition to those in operation eF,aaafeved as of January 1, 1998. (2) Piers shall be designed to minimize interference in the intertidal zone and adverse impacts to fish and wildlife habitats. (3) Piers shall be designed to minimize impacts on steep shoreline bluffs. (4) All pilings in contact with water shall be constructed of materials such as concrete, steel, or other materials that will not adversely affect water quality or aquatic plants or animals. Materials used for decking or other structural components shall be approved by applicable state agencies for contact with water to avoid discharge of pollutants from wave splash, rain, or runoff. Wood treated with creosote, copper 189 M CHAPTER 11 — DEFINITIONS influenced geo-hydraulic processes, presence of a surface connection including through a culvert or tide gate, location in part or whole within the floodplain of a shoreline, periodic inundation, and/or hydraulic continuity. 25. "Average Grade Level' means the average of the natural or existing topography of the portion of the lot, parcel, or tract of real property on that part of the lot to be occupied by the building or structure as measured by averaging the elevations at the center of all exterior walls of the proposed structure. B "Backshore" means a zone of accretion or erosion lying landward of the average high - tide mark, wetted by tides during storm events. 2. "Barrier Beach" means a linear accretion shoreform of sand and/or gravel berm(s) accreted waterward of bluffs, bays, marshes or estuaries by littoral drift; the berm acts as a natural dike and seawall to its backshore or marsh hinterland. 3. "Beach Nourishment' means a restoration or shoreline stabilization activity in which selected beach material is deposited at one or several locations in the updrift portion of a drift sector. The material is then naturally transported by waves or currents downdrift to stabilize or restore accretion shoreforms and other berms, which may be eroding due to artificial obstructions in the shore process corridor. 4. "Bedlands" means those submerged lands below the line of extreme low tide in marine waters and below the-QH" line of navigability of navigable -Makes and rivers. Where the line of navigability has not been established, bedlands would be those submerged lands below the OHWM in lakes and rivers. 5. 'Bedrock" means a general term for rock, typically hard, consolidated geologic material that underlies soil or other unconsolidated, superficial material or is exposed at the surface. 6. "Berm" or "Protective Berm " means one or several accreted linear mounds of sand and gravel generally paralleling the shore at or landward of OHWM; berms are normally stable because of material size or vegetation, and are naturally formed by littoral drift. 7. "Best Management Practices" means conservation practices or systems of practices and management measures that: a. Control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxins, and sediment; Minimize adverse impacts to surface water and ground water flow, circulation patterns, and to the chemical, physical, and biological characteristics of waters, wetlands, and other fish and wildlife habitats; C. Control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw material. 8. "Bioengineered Shoreline Stabilization" means biostructural and biotechnical alternatives to hardened structures (bulkheads, walls) for protecting slopes or other erosive features. 196 M WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM Bioengineered stabilization uses vegetation, geotextiles, geosynthetics and similar materials. An example is Vegetated Reinforced Soil Slopes (VRSS), which uses vegetation arranged and embedded in the ground to prevent shallow mass -movement and surficial erosion. 9. "Boat Lift" means an in -water structure used for the dry berthing of vessels above the water level and lowering of vessels into the water. A boat lift as herein defined is used to berth and launch a single vessel, suspended over the waters surface. A boat lift is generally a manufactured unit without a canopy cover and may be placed in the water adjacent to .a dock or as stand-alone structure. A boat lift may be designed either for boats or personal watercraft. A boat lift is to be differentiated from a hoist or crane used for the launching of vessels. A boat lift with a canopy cover shall be considered a covered moorage for the purposes of this Program. 10. "Bog" means a type of wetland dominated by mosses that form peat. Bogs are very acidic, nutrient poor systems, fed by precipitation rather than surface inflow, with specially adapted plant communities. 11. "Breakwater" means an offshore structure that is generally built parallel to shore that may or may not be connected to land, and may be floating or stationary. Their primary purpose is to protect harbors, moorages and navigation activity from wave and wind action by creating stillwater areas along shore. A secondary purpose is to protect shorelines from wave caused erosion. 12. "Buffer (buffer zone)" means the area adjacent to a shoreline and/or critical area that separates and protects the area from adverse impacts associated with adjacent land uses. 13. "Building" means any structure used or intended for supporting or sheltering any use or occupancy as defined in the International Building Code. 14. "Building Area" means the entire area that will be disturbed to construct the home, normal appurtenances (except on -site sewage systems), and landscaping. 14. "Building footprint" means for the purposes of this program, the ground area contained by the exterior walls of a building. 15. "Bulkhead" means a wall-like structure such as a revetment or seawall that is placed parallel to shore primarily for retaining uplands and fills prone to sliding or sheet erosion, and to protect uplands and fills from erosion by wave action. C "Channel Migration Zone" means the area along a river or stream within which the channel can reasonably be expected to migrate over time as a result of normally occurring processes. It encompasses that area of current and historic lateral stream channel movement that is subject to erosion, bank destabilization, rapid stream incision, and/or channel shifting, as well as adjacent areas that are susceptible to channel erosion. There are three components of the channel migration zone: (1) the Historical Migration Zone (HMZ)—the collective area the channel occupied in the historical record; (2) the Avulsion Hazard Zone (AHZ)—the area not included in the HMZ that is at risk of avulsion over the timeline of the CMZ; and (3) the Erosion Hazard Area (EHA)—the area 197 410 CHAPTER 11 — DEFINITIONS "Dam" means a barrier across a stream or river to confine or regulate flow or raise water levels for purposes such as flood or irrigation water storage, erosion control, power generation, or collection of sediment or debris. 2. "Debris Flow" means a moving mass of rock fragments, soil, and mud; more than half of the particles being larger than sand size; a general term that describes a mass movement of sediment mixed with water and air that flows readily on low slopes. 3. "Development' means a use consisting of the construction or exterior alteration of structures, dredging, drilling, dumping, filling; removal of any sand, gravel or minerals; bulkheading; driving of piling; placing of obstructions; or any project of a permanent or temporary nature that interferes with the normal public use of the surface of the waters overlying lands subject to the Act at any state of water level. This term may include activities related to subdivision and short subdivisions; binding site plans; planned unit developments; clearing activity; fill and grade work; building or construction; and activities that are exempt from the substantial development permit process or that require a shoreline variance or conditional use.. 4. "Dike" means an artificial embankment placed at a stream mouth or delta area to hold back sea water for purposes of creating and/or protecting arable land from flooding. 5. "Dock" means all platform structures or anchored devices in or floating upon water bodies to provide moorage for pleasure craft or landing for water -dependent recreation including, but not limited to floats, swim floats, float plane moorages, and water ski jumps. Excluded are launch ramps. 6. "Drainage Ditch" means an artificially created watercourse constructed to drain surface or ground water. Ditches are graded (man-made), channels installed to collect and convey runoff from fields and roadways. Ditches may include irrigation ditches, waste ways, drains, outfalls, operational spillways, channels, stormwater runoff facilities or other wholly artificial watercourses, except those that directly result from the modification to a natural watercourse. Ditched channels that support fish are considered to be streams. "Dredge Spoil" means the material removed by dredging. "Dredging" means the removal, displacement, and disposal of unconsolidated earth material such as silt, sand, gravel, or other submerged material from the bottom of water bodies or from wetlands; maintenance dredging and other support activities are included in this definition. 9. "Drift Sector" or "Drift Cell" means a particular reach of marine shore in which littoral drift may occur without significant interruption, and which contains any and all natural sources of such drift, and also any accretion shoreform(s) accreted by such drift. Each normal drift sector contains these shore process elements: feeder bluff or estuary, driftway, littoral drift, and accretion shoreform. 10. "Driftway" means that portion of the marine shore process corridor, primarily the upper foreshore, through which sand and gravel are transported by littoral drift. The driftway is the essential component between the feeder bluff(s) and accretion shoreform(s) of an integral drift sector. Driftways are also characterized by intermittent, narrow berm beaches. 200 411 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM 61-0 .... 7. "Non -conforming Use", "Non -conforming Development" or "Non -conforming Structure" means a shoreline use, development or structure that was lawfully constructed or established prior to the effective date of this Program (August 27, 1976) or amendments hereto, but which does not conform to present regulations or standards of the Program. 8. "Nonwater-oriented Use" means uses that are not water -dependent, water -related or water -enjoyment. Nonwater-oriented uses have little or no relationship to the shoreline and are not considered priority uses under the Shoreline Management Act except single- family residences_ Any use that does not meet the definition of water -dependent, water - related or water -enjoyment is classified as nonwater-oriented. C "Off -premise Sign" means a sign situated on premises other than those premises to which the sign's message is related. 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. 3. "Ongoing Agriculture" means those activities conducted on lands defined in RCW 84.34.020(2), and those activities involved in the production of crops and livestock, including, but not limited to, operation and maintenance of existing farm and stock ponds or drainage ditches, irrigation systems, changes between agricultural activities, and maintenance or repair of existing serviceable structures and facilities. Activities that bring an area into agricultural use are not part of an ongoing activity. An operation ceases to be ongoing when the area on which it was conducted has been converted to a non-agricultural use, or has lain idle for more than five (5) consecutive years unless that idle land is registered in a federal or state soils conservation program. Forest practices are not included in this definition. 4. "On -premise Sign" means a sign situated on the premises to which the sign's message is related. 5. "Open Space" means any parcel or area of land or water not covered by structures, hard surfacing, parking areas and other impervious surfaces except for pedestrian or bicycle pathways, or where otherwise provided by this title or other county ordinance and set aside, dedicated, for active or passive recreation, visual enjoyment, or critical area development buffers as established in WCC 16.16. Submerged lands and/or tidelands within the boundaries of any waterfront parcel that are located waterward of the ordinary high water mark shall not be used in open space calculations. Required open space percentages, as applicable, are not to be used for purposes of calculating total impervious surface. 213 412 SMP Ordinance: Exhibit 1 Whatcom County Shoreline Management Program with Ecology Changes 413 TITLE 23 Shoreline Management Program Adopted by Whatcom County May 27, 1976. This revised Program was adopted February 27, 2007 to comply with the Shoreline Master Program Guidelines, Washington Administrative Code (WAC) 173-26. Approved by the Department of Ecology August, 8, 2008. WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM Acknowledgements Citizens' Advisory Committee Members Roger Almskaar Margaret (Peg) Larson Kathy Berg Rebecca O'Brine Willson Elizabeth Daly Skip Richards Richard Gilda Aubrey Stargell David Haggith Wendy Steffensen Technical Advisory Committee Members Lummi Nation — Stacy Fawell, Jeremy Freimund, Alan Chapman Nooksack Tribe — Llyn Doremus, Treva Coe, Ned Currence Small Cities Caucus — Rollin Harper Port of Bellingham — Sylvia Goodwin, Alan Birdsall Washington State Department of Fish and Wildlife — Pam Erstad, Dan Penttila, Steve Seymour Washington State Department of Natural Resources — David Roberts, Nancy Joseph Washington State Department of Ecology — Barry Wenger, Stephen Stanley, Susan Meyer Whatcom Conservation District/NRCS - George Boggs Puget Sound Action Team — Hillary Culverwell Whatcom County Watershed Improvement Districts — Henry Bierlink Whatcom County River and Flood Division — Paula Cooper, Paul Pittman Whatcom County Water Resources Division — John Thompson, Erika Stroebel Whatcom County Public Works — Steve Fox Drayton Harbor Shellfish Protection District — Peter Downey 415 416 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM Table of Contents Chapter 1 Purpose and Intent..............................................................................................1 23.05.01 Administrative Procedures Removal.....................................................................1 23.10.01 Authority................................................................................................................1 23.10.02 Purpose and Intent................................................................................................2 23.10.03 Governing Principles.............................................................................................2 23.10.04 Title........................................................................................................................4 23.10.05 Short Title..............................................................................................................4 23.10.06 References to Plans, Regulations or Information Sources....................................4 23.10.07 Liberal Construction..............................................................................................4 23.10.08 Severability............................................................................................................4 23.10.09 Effective Date......................................................................................................... 5 Chapter 2 Goals and Objectives..........................................................................................6 23.20.01 Adoption....................................................................................:...........................6 23.20.02 Economic Development.........................................................................................6 23.20.03 Public Access........................................................................................................7 23.20.04 Recreation.............................................................................................................. 7 23.20.05 Transportation and Essential Public Facilities.......................................................8 23.20.06 Shoreline Use........................................................................................................9 23.20.07 Conservation.......................................................................................................10 23.20.08 Archaeological, Historical and Cultural Resources.............................................10 23.20.09 Views and Aesthetics..........................................................................................11 23.20.10 Restoration and Enhancement............................................................................11 Chapter 3 Shoreline Jurisdiction and Area Designations...............................................13 23.30.01 Shoreline Jurisdiction..........................................................................................13 23.30.02 Official Shoreline Map.........................................................................................13 23.30.03 Urban Shoreline Area..........................................................................................15 23.30.04 Urban Resort Shoreline Area..............................................................................16 23.30.05 Urban Conservancy Shoreline Area....................................................................18 23.30.06 Shoreline Residential Area..................................................................................19 23.30.07 Rural Shoreline Area...........................................................................................21 23.30.08 Resource Shoreline Area....................................................................................23 23.30.09 Conservancy Shoreline Area...............................................................................25 23.30.10 Natural Shoreline Area........................................................................................27 23.30.11 Aquatic Shoreline Area........................................................................................29 23.30.12 Cherry Point Management Area.......................................................................... 30 Chapter 4 Shorelines of Statewide Significance..............................................................31 23.40.01 Adoption of Policy.................................................................................................31 23.40.02 Designation of Shorelines of Statewide Significance..........................................31 23.40.03 Policies for Shorelines of Statewide Significance................................................32 Chapter 5 Applicability and Non -conforming .Uses.........................................................34 23.50.01 Application to Persons and Development........................................................... 34 23.50.02 Relationship to Other Local Regulations............................................................. 34 23.50.03 Relationship to Other State and Federal Laws....................................................35 417 TABLE OF CONTENTS 23.50.04 Application within Federal Reserves...................................................................36 23.50.05 Program Effects on Property Values...................................................................36 23.50.06 Hazardous. Substance Remedial Actions............................................................36 23.50.07 Non -conforming Development.............................................................................36 23.50.08 Property Rights....................................................................................................39 Chapter 6 Shoreline Permits and Exemptions.................................................................40 23.60.01 Substantial Development Permit Criteria.............................................................40 23.60.02 Exemptions from Shoreline Substantial Development Permit Process...............40 23.60.03 Variance Permit Criteria ..................................... .............45 .................................... 23.60.04 Conditional Use Permit Criteria...........................................................................47 23,60.05 Minimum Application Requirements....................................................................48 23.60.06 Pre -application Conference.................................................................................50 23.60.07 Fees....................................................................................................................51 23.60.08 Notice of Application............................................................................................ 52 23.60.09 Permit Application Review...................................................................................52 23.60.10 Consolidated Permit Review............................................................................... 53 23.60.11 State Environmental Policy Act (SEPA) Compliance..........................................53 23.60.12 Burden of Proof................................................................................................... 54 23.60.13 Public Hearings...................................................................................................54 23.60.14 Permit Conditions................................................................................................55 23.60.15 Notice of Decision, Reconsideration and Appeal................................................55 23.60.16 Initiation of Development.....................................................................................57 23.60.17 Permit Revisions.................................................................................................57 23.60.18 Rescission and Modification................................................................................59 23.60.19 Expiration............................................................................................................59 Chapter7 Administration...................................................................................................61 23.70.01 Administrator.......................................................................................................61 23.70.02 SEPA Official.......................................................................................................62 23.70.03 Hearing Examiner................................................................................................62 23.70.04 Planning Commission..........................................................................................62 23.70.05 County Council....................................................................................................63 Chapter 8 Legal Provisions................................................................................................64 23.80.01 Amendments.......................................................................................................64 23.80.02 Violations and Penalties....................................................................................... 64 23.80.03 Remedies............................................................................................................65 23.80.04 Abatement........................................................................................................... 66 Chapter 9 General Policies and Regulations....................................................................67 23.90.01 Applicability.........................................................................................................67 23.90.02 Land Use............................................................................................................. 67 23.90.02.A Policies.......................................................................................................... 67 23.90.02.B Regulations....................................................................................................67 23.90.03 Ecological Protection and Critical Areas.............................................................68 23.90.03.A Policies.......................................................................................................... 68 23.90.03.8 Regulations....................................................................................................68 23.90.04 Water Quality and Quantity..................................................................................70 23.90.04.A Policies.......................................................................................................... 70 23.90.04.E Regulations....................................................................................................70 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM 23.90.05 Views and Aesthetics............................................................................................71 23.90.05.A Policies.......................................................................................................... 71 23.90.05.B Regulations....................................................................................................71 23.90.06 Vegetation Conservation..............:......................................................................72 23.90.06.A Policies..........................................................................................................72 23.90.06.B Regulations....................................................................................................73 23.90.07 Archaeological, Historic and Cultural Resources................................................74 23.90.07.A Policies.......................................................................................................... 74 23.90.07.B Regulations....................................................................................................75 23.90.08 Public Access......................................................................................................80 23.90.08.A Policies.......................................................................................................... 80 23.90.08.B Regulations....................................................................................................80 23.90.09 Site Planning.......................................................................................................83 23.90.09.A Policies........................................................................................................... 84 23.90.09.E Regulations....................................................................................................84 23.90.10 Landfill and Excavation.......................................................................................86 23.90.10.A Policies.......................................................................................................... 86 23.90.10.B Regulations....................................................................................................86 23.90.11 Forest Practices..................................................................................................87 23.90.11.A Policies..........................................................................................................87 23.90.11.B Regulations................:...................................................................................88 23.90.11.0 Shoreline Area Regulations...........................................................................88 23.90.12 Dredging..............................................................................................................89 23.90.12.A Policies..........................................................................................................89 23.90.12.B Regulations....................................................................................................89 23.90.12.0 Shoreline Area Regulations...........................................................................92 23.90.13 Shoreline Bulk Provisions: Buffers, Setbacks, Height and Open Space ............93 23.90.13.A Policies.......................................................................................................... 93 23.90.13.B Regulations....................................................................................................93 Chapter 10 Shoreline Use Policies and Regulations.......................................................100 23.100.01 Shoreline Use and Development.......................................................................100 23.100.02 Agriculture........................................................................................................104 23.100.02.A Policies........................................................................................................104 23.100.02.B Regulations..................................................................................................104 23.100.02.0 Shoreline Area Regulations.........................................................................104 23.100.03 Aquaculture.......................................................................................................106 23.100.03.A Policies........................................................................................................106 23.100.03.B Regulations..................................................................................................107 23.100.03.0 Shoreline Area Regulations.........................................................................113 23.100.04 Boating Facilities: Marinas and Launch Ramps................................................115 23.100.04.A Policies........................................................................................................115 23.100.04.B Regulations..................................................................................................116 23.100.04.0 Shoreline Area Regulations.........................................................................122 23.100.05 Commercial Use................................................................................................124 23.100.05.A Policies........................................................................................................124 23.100.05.B Regulations..................................................................................................124 23.100.05.0 Shoreline Area Regulations.........................................................................127 23.100.06 Flood Control Works and Instream Structures..................................................128 23.100.06.A Policies...............................................................................................I........128 23.100.06.B Regulations..................................................................................................129 419 TABLE OF CONTENTS 23.100.06.0 Shoreline Area Regulations .................................................. 23.100.07 Industrial and Port Development ................................................ 23.100.07.A Policies................................................................................. 23.100.07.B Regulations........................................................................... 23.100.07.0 Shoreline Area Regulations .................................................. 23.100.08 Mining ......................................................................................... 23.100.08.A Policies................................................................................. 23.100.08.B Regulations........................................................................... 23.100.08.0 Shoreline Area Regulations .................................................. 23.100.09 Moorage: Docks, Piers and Mooring Buoys.. ........ 23.100.09.A Policies.......................................................... ....................... 23.100.09.B Regulations........................................................................... 23.100.09.0 Shoreline Area Regulations .................................................. 23.100.10 Recreation.................................................................................. 23.100.10.A Policies................................................................................. 23.100.10.B Regulations........................................................................... 23.100.10.0 Shoreline Area Regulations .................................................. 23.100.11 Residential.................................................................................. 23.100.11.A Policies................................................................................. 23.100.11.B Regulations........................................................................... 23.100.11.0 Shoreline Area Regulations .................................................. 23.100.12 Restoration and Enhancement................................................... 23.100.12.A Policies................................................................................. 23.100.12.B Regulations........................................................................... 23.100.12.0 Shoreline Area Regulations .................................................. 23.100.13 Shoreline Stabilization................................................................ 23.100.13.A Policies................................................................................. 23.100.13.B Regulations........................................................................... 23.100.13.0 Shoreline Area Regulations .................................................. 23.100.14 Signs.......................................................................................... 23.100.14.A Policies................................................................................. 23.100.14.B Regulations........................................................................... 23.100.14.0 Shoreline Area Regulations .................................................. 23.100.15 Transportation............................................................................ 7*1 100 1 r, n Pnlirice 23:100.15.B Regulations........................................................................... 23.100.15.0 Shoreline Area Regulations .................................................. 23.100.16 Utilities........................................................................................ 23.100..16.A Policies................................................................................. 23.100.16.B Regulations........................................................................... 23.100.16.0 Shoreline Area Regulations .................................................. 23.100.17 Cherry Point Management Area ................................................. 23.100.17.A Policies................................................................................. 23.100.17.B Regulations........................................................................... Chapter 11 Definitions.......................................................................... ........131 ........133 ........133 ........134 ........138 ........140 ........140 ........140 ........143 ........144 ........144 ........145 ........149 ........151 ........151 ........152 ........152 ........154 ........154 ........155 ........158 ........160 ........160 ........161 ........161 ........162 ........162 ........163 ........167 ........170 ........170 17n .......................173 .......................174 .......................174 .......................175 .......................177 .......................178 .......................178 .......................178 .......................181 .......................184 .......................184 .......................185 .....................191 420 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM Appendices A. Permit Data Sheet and Transmittal Letter B. List of Acronyms C. Cherry Point Management Area: Wetland Map D. Whatcom County Shoreline Management Program: Shorelines of the State E. Official Shoreline Map: Whatcom County Shoreline Area Designations IVlap F. Common Line Setback Standards 421 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM Amendments The Whatcom County Shoreline Management Program was originally adopted on May 27, 1976, with subsequent Department of Ecology approval on August 27, 1976. The Program was first amended on June 26, 1978. Subsequent amendments and their County Council adoption dates are as follows: 1. January 21, 1982, File No. SPA 1-81: Text amendments in response to proposed Chicago Bridge and Iron development at Cherry Point, Sections 6.5.4.6(2)(a), 6.9.3.B(2), 6.9.5.6(5)(b), and 8.6.2.D. 2. February 5, 1982, File No. SPA 2-81: Text amendments relating to agriculture development, Sections 6.2.33.1(d), 6.2.3.B.1(e), 6.2.3.C(1), 6.2.3.C(2), and 6.2.3.C(3). 3. April 3, 1982, File No. SPA 3-81: Text amendments relating to aquaculture developments, Sections 6.3.1.B, 6.3.1.D, 6.3.3.E, and 6.3.4.A(6)(a). 4. January 22, 1983, File No. SPA 1-82: Text amendments relating to stream control works and hydropower development, Sections 6.6 (the entire section), 6.13.2.J, 6.13.5.C(1) and Appendix C definitions of Industrial Development and Stream Control Works. 5. March 2, 1985, File No. SPA 1-84: Map amendment for 660 feet of shoreline in Lummi Bay from "Conservancy" to 'Rural." 6. June 9, 1987, File No. SPA 1-86: "Cherry Point Management Unit," map and text amendments, Section 23.100.210. 7. November 16, 1989, File No. 89-100 SMP: Text amendment to allow the land application of waste waters used in processing fruits and vegetables as a Conditional Use. 8. April 27, 1993, File No. 01-89 SMP: Program update. 9. July 1, 1997, File No. 05-97 ZT: Text amendments to comply with requirements of the Growth Management Act, Chapter 173-27 WAC, and related changes in terminology. 10. September 23, 1997, File No. 11-97 SMP: Text amendments to allow use of civil penalties. 11. Cherry Point amendments for Gateway Industrial Pier Settlement Agreement. 12. February 27, 2007, File No. 2004-27: Comprehensive text amendments to comply. with revised Shoreline Management Guidelines, Chapter 173-26 WAC. 422 423 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM Chapter 1 Purpose and Intent 23.05.01 Administrative Procedures As described in adopted Whatcom County ordinance 2008 — 034, the general administrative sections of Title 23 (Whatcom County Shoreline Management Program) are not part of this Program. They are, however, included with the text of this document for consistency and ease of use. Department of Ecology will be notified of any changes to the administrative chapters listed below. The use of separate local administrative and enforcement procedures is consistent with the 2003 Washington State Shoreline Master Program Guidelines (WAC 173-26-191(2)(a)(iii)(C)), Administrative provisions: "Local governments may include administrative, enforcement, and permit review procedures in the master program or the procedures may be defined by a local government ordinance separate from the master program. In either case, these procedures shall conform to the Shoreline Management Act, specifically RCW 90.58.140, 90.58.143. 90.58.210 and 90.58.220 and to chapter 173-27 WAC." This allows Whatcom County to revise local administrative procedures (fees, application meetings, authority of Adrninistrator, etc) without another formal state amendment process. These chapters must still be consistent and remain consistent with the related provisions in the Shoreline Management Act and state shoreline rules (WACs). In the event of a conflict, the state RCW or WAC, as amended, will prevail over the local ordinance. The following sections are part of the Whatcom County Administrative Procedures ordinance 2008 — 034, separate from Title 23. Ch 23.60.05 — Minimum Application Requirements Ch 23.60.06 — Pre -application Conference Ch 23.60.07 - Fees Ch 23.60.08 — Notice of Application Ch 23.60.09 — Permit Application Review Ch 23.6010 — Consolidated Permit Review Ch 23.60.11 - SEPA Compliance Ch 23.60.13 — Public Hearings Ch 23.60.14 — Permit Conditions Ch 23.60.15 — Notice of Decision Ch 23.60.16 — Initiation of Development Ch 23.60.18 - Rescission Ch 23.60.19 — Expiration Ch 7 —Administration Ch 8 — Legal Provisions 424 CHAPTER 1 - PURPOSE AND INTENT 23.10.01 Authority Authority for enactment and administration of this Program is the Shoreline Management Act of 1971, Chapter 90.58, Revised Code of Washington (RCW), also referred to herein as "the Act." 23.10.02 Purpose and Intent The purposes of this Program are: A. To promote the public health, safety, and general welfare of the community by providing long range, comprehensive policies and effective, reasonable regulations for development and use of Whatcom County shorelines; and B. To manage shorelines in a positive, effective, and equitable manner; and C. To further assume and carry out the responsibilities established by the Act for Whatcom County, and to adopt and foster the following policy contained in RCW 90,58.020 for shorelines of the State: "It is the policy of the State to provide for the management of the shorelines of the State by planning for and fostering all reasonable and appropriate uses. This policy is designed to insure the development of these shorelines in a manner which, while allowing for limited reduction of rights of the public in the navigable waters, will promote and enhance the public interest. This policy contemplates protecting against adverse effects to the public health, the land and its vegetation and wildlife, and the waters of the State and their aquatic life, while protecting generally public rights of navigation and corollary rights incidental thereto... In the implementation of this policy the public's opportunity to enjoy the physical and aesthetic qualities of natural shorelines of the State shall be preserved to the greatest extent feasible consistent with the overall best interest of the State and the people generally. To this -end uses shall be preferred which are consistent with control of pollution and prevention of damage to the natural environment or are unique to or dependent upon use of the State's shoreline. Alterations of the natural condition of the shorelines of the State, in those limited instances when authorized, shall be given priority for single family residences and their appurtenant structures, ports, shoreline recreational uses including but not limited to parks, marinas, piers, and other improvements facilitating public access to shorelines of the State, industrial and commercial developments which are particularly dependent on their location on or use of the shorelines of the State and other development that will provide an opportunity for substantial numbers of the people to enjoy the shorelines of the State... Permitted uses in the shorelines of the State shall be designed and conducted in a manner to minimize, insofar as practical, any resultant damage to the ecology and environment of the shoreline area and any interference with the public's use of the water." 23.10.03 Governing Principles The following principles along with the policy statements of RCW 90.58.020 establish basic concepts that underpin the goals, policies and regulations of this Program. 2 425 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM A. Any inconsistencies between this Program and the Act must be resolved in accordance with the Act. B. The policies of this Program may be achieved by diverse means, one of which is regulation. Other means, authorized by the Act, include but are not limited to: acquisition of lands and/or easements by purchase or gift, incentive programs, and implementation of capital facility and/or non-structural programs. C. Protecting the shoreline environment is an essential statewide policy goal, consistent with other policy goals. Permitted and/or exempt development; actions taken prior to the Act's adoption; and/or unregulated activities can impair shoreline ecological processes and functions. This Program protects shoreline ecology from such impairments in the following ways: By using a process that identifies, inventories, and ensures meaningful understanding of current and potential ecological functions provided by shorelines. 2. By including policies and regulations that require mitigation of significant adverse impacts in a manner that ensures no net loss of shoreline ecological functions. The required mitigation shall include avoidance, minimization, and compensation of impacts in accordance with the policies and regulations for mitigation sequencing in SMP 23.90.03 and the Whatcom County Critical Areas Ordinance (WCC 16.16). This Program and any future amendment_ hereto shall ensure no net loss of shoreline ecological functions and processes on a programmatic basis in accordance with the baseline functions present as of the date of adoption of this Program, February 27, 2007. 3. By including policies and regulations to address cumulative impacts, including ensuring that the cumulative effect of exempt development will not cause a net loss of shoreline ecological functions, and by fairly allocating the burden of addressing such impacts among development opportunities. 4. By including regulations and regulatory incentives designed to protect shoreline ecological functions, and restore impaired ecological functions where such opportunities have been identified, consistent with the Shoreline Management Program Restoration Plan developed by Whatcom County. D. Regulation of private property to implement Program goals such as public access and protection of ecological functions and processes must be consistent with all relevant constitutional and other legal limitations. These include, but are not limited to civil rights guaranteed by the U.S. and State constitutions, recent federal and state case law, and state statutes, such as RCW 34.05.328, 43.21 C.060 and 82.02. E. Regulatory or administrative actions contained herein must be implemented consistent with the Public Trust Doctrine and other applicable legal principles as appropriate and must not unconstitutionally infringe on private property rights or result in an unconstitutional taking of private property. F. The regulatory provisions of this Program are limited to. shorelines of the state, whereas the planning functions of this Program may extend beyond the designated shoreline boundaries. 426 CHAPTER 1 - PURPOSE AND INTENT G. The policies and regulations established by the Program must be integrated and coordinated with those policies and rules of the Whatcom County Comprehensive Plan and development regulations adopted under the Growth Management Act (GMA) and RCW 34.05.328, H. Consistent with the policy and use preferences of RCW 90.58.020, Whatcom County should balance the various policy goals of this Program giving consideration to other relevant local, state, and federal regulatory and non -regulatory programs. 23.10.04 Title This document shall be known and may be cited as "The Whatcom County Shoreline Management Program." 23.10.05 Short Title This document may be referred to herein as the "SMP," or the "Program." 23.10.06 References to Plans, Regulations or Information Sources A. The Whatcom County Critical Areas Ordinance, WCC 16.16 (Ordinance No. 2005- 00068, dated Sept 30, 2005, and as amended on February 27, 2007) is herby adopted in whole as a part of this Program, except that the permit, non -conforming use, appeal and enforcement provisions of the Critical Areas Ordinance (WCC 16.16.270-285) shall not apply within shoreline jurisdiction. All references to the Critical Area Ordinance WCC 16.16 (CAO) are for this specific version. B. Where this Program makes reference to any RCW, WAC, or other state, or federal law or regulation, the most recent amendment or current edition shall apply. C. Stipulated Judgment No. 93-2-02447-6 between Governor's Point Development Company and Whatcom County, the State of Washington, and the Department of Ecology is incorporated by reference into Whatcom County's Shoreline Management Program. A copy of the Judgment is on file with the Whatcom County Planning and Development Services Department. 23.10.07 Liberal Construction As provided for in RCW 90.58.900, the Act is exempted from the rule of strict construction; the Act and this Program shall therefore be liberally construed to give full effect to the purposes, goals, objectives, and policies for which the Act and this Program were enacted and adopted, respectively. 23.10.08 Severability The Act and this Program adopted pursuant thereto comprise the basic state and County law regulating use of shorelines in the county. In the event provisions of this Program conflict with other applicable county policies or regulations, the more restrictive shall prevail. Should any section or provision of this Program be declared invalid, such decision shall not affect the validity of this Program as a whole. 4 427 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM 23.10.09 Effective Date This Program and all amendments thereto shall become effective immediately upon final approval and adoption by the Department of Ecology. CHAPTER 2 - GOALS AND OBJECTIVES Chapter 2 Goals and Objectives This Chapter describes overall Program goals and objectives. The general policies and regulations in Chapter 9 and the specific use policies and regulations in Chapter 10 are the means by which these goals and objectives are implemented. 23.20.01 Adoption In addition to the policy adopted in SMP 23.10.02.C, the following goals and objectives relating to the Program elements specified in RCW 90.58.100(2) are hereby adopted. They provide the comprehensive foundation and framework upon which the Shoreline Area Designations, policies, regulations, and administrative procedures are based. 23.20.02 Economic Development The economic development element provides for the location and design of industries, transportation facilities, port facilities, tourist facilities, commerce and other developments that are particularly dependent upon a shoreline location and/or use of the shorelines of the state. . 23.20.02.A Economic Development Goal To create and maintain an economic environment that can coexist harmoniously with the natural and human environment. 23.20.02.13 Economic Development Objectives 1. 2. 3. 4. 5. 6. 7. Encourage economic development that has minimal adverse effects and mitigates unavoidable impacts upon shoreline ecological functions and processes and the built environment. Encourage shoreline development that has a positive effect upon economic and social activities of value to the region. Encourage new water -dependent, water -related, and water -enjoyment economic development in priority order. Encourage economic development that is consistent with the adopted Comprehensive Economic Development Strategy (CEDS) for Whatcom County. Implement economic development policies contained in the Whatcom County Comprehensive Plan in -shoreline areas consistent with this Program and the Act. Encourage new economic development to locate in areas that are already developed with similar uses. Discourage expansion of existing development that is incompatible with this Program, the character of the local area, or the Whatcom County Comprehensive Plan. IX 429 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM 23.20.03 Public Access The public access element provides for public access to publicly owned or privately owned shoreline areas where the public is granted a right of use or access. 23.20.03.A Public Access Goal To increase the ability of the general public to reach, touch, and enjoy the water's edge, to travel on the waters of the state, and/or to view the water and the shoreline from adjacent locations, provided that private rights, the public safety, and shoreline ecological functions and processes are protected consistent with the U.S. and State constitutions, state case law, and state statutes. 23.20.03.E Public Access Objectives 1. Locate, design, manage and maintain public access in a manner that protects shoreline ecological functions and processes and the public health and safety. 2. Design and manage public access in a manner that ensures compatibility with water - dependent uses, 3. Where appropriate, acquire access to publicly owned tidelands and shorelands. Encourage cooperation among the County, landowners, developers, other agencies and organizations to enhance and increase public access to shorelines as specific opportunities arise. 4. Provide and protect visual access to shorelines and tidelands. 5. Require physical or visual access to shorelines as a condition of approval for shoreline development activities commensurate with the impacts of such development and the corresponding benefit to the public, and consistent with constitutional limitations. 6. Develop and manage public access to prevent adverse impacts to adjacent private shoreline properties and developments. 23.20.04 Recreation The recreation element provides for the preservation and expansion of water -oriented recreational opportunities that facilitate the public's ability to enjoy the physical and aesthetic qualities of the shoreline through parks, public access to tidelands and beaches, bicycle and pedestrian paths, viewpoints and other recreational amenities. 23.20.04.A Recreation Goal To provide opportunities and space for diverse forms of water -oriented recreation. 23.20.04.13 Recreation Objectives 1. Locate, develop, manage, and maintain recreation areas in a manner that protects shoreline ecological functions and processes. 7 430 CHAPTER 2 - GOALS AND OBJECTIVES 2. Provide a balanced choice of water -oriented public recreational opportunities regionally. Ensure that shoreline recreation facilities serve projected County growth in accordance with the level of service standards established in the Whatcom County Comprehensive Plan and related goals and policies; the Comprehensive Park and Recreation Open Space Plan; the Whatcom County Bicycle Plan; and the Natural Heritage Plan. 3. Acquire additional recreation areas and public access areas with a high recreation value prior to demand to assure that sufficient shoreline recreation opportunities are available to serve future recreational needs. 4. Encourage cooperation among public agencies, non-profit groups, and private landowners and developers to increase and diversify recreational opportunities through a variety of means including incorporating water -oriented recreational opportunities into mixed use developments and other innovative techniques. 5. Recognize and protect the interest of all people of the state by providing increased recreational opportunities within shorelines of statewide significance and associated shorelands. 6. Encourage private and public investment in recreation facilities. 7. Locate, design, and operate recreational development in a manner that minimizes adverse effects on adjacent properties as well as other social, recreational, or economic activities. 23.20.05 Transportation and Essential Public Facilities The transportation and essential public facilities element provides for the general location and extent of existing and proposed public thoroughfares, transportation routes, terminals, and other public utilities and facilities. 23.20.05.A Transportation and Essential Public Facilities Goal To provide transportation systems and essential public facilities in shoreline areas without adverse effects on existing shoreline use and development or shoreline ecological functions and/or processes. 23.20.05.13 Transportation and Essential Public Facilities Objectives Locate, develop, manage, and maintain transportation systems and essential public facilities in a manner that protects shoreline ecological functions and processes. Minimize and mitigate unavoidable impacts. 2. Locate and design transportation systems and essential public facilities to be harmonious with the existing and future economic and social needs of the community. 3. Discourage the development of nonwater-dependent transportation systems and essential public facilities unless no feasible alternatives exist. Devote roads within the shoreline jurisdiction to low volume local access routes and shoreline public access where feasible. 431 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM 4. When appropriate, require adequate compensation where transportation systems and essential public facilities reduce the benefits people derive from their property. 5. Provide for alternate modes of travel, encourage freedom of choice among travel modes, and provide multiple use transportation corridors where compatible in association with shoreline transportation development. 6. Require transportation system and essential public facility development in shoreline areas to protect and enhance physical and visual shoreline public access. 23.20.06 Shoreline Use The shoreline use element considers the use and development of shorelines and adjacent land areas for housing, business, industry, transportation, agriculture, forestry, natural resources, recreation, education, public institutions, utilities and other categories of public and private land use with respect to the general distribution, location and extent of such uses and developments. 23.20.06.A Shoreline Use Goal To preserve and develop shorelines in a manner that allows for an orderly balance of uses. 23.20.06.13 Shoreline Use Objectives Give preference to water -dependent and single family residential uses that are consistent with preservation of shoreline ecological functions and processes. Give secondary preference to water -related and water -enjoyment uses. Allow nonwater- oriented uses only when substantial public benefit is provided with respect to the goals of the Act for public access and ecological restoration. 2. Designate and maintain appropriate areas for protecting and restoring shoreline ecological functions and processes to control pollution and prevent damage to the shoreline environment and/or public health. 3. Ensure shoreline uses are consistent with the Whatcom County Comprehensive Plan. 4. Balance the location, design, and management of shoreline uses throughout the county to prevent a net loss of shoreline ecological functions and processes over time. 5. Encourage mixed use developments that include and support water -oriented uses and provide a substantial public benefit consistent with the public access and ecological restoration goals and policies of the Act. 6. Encourage shoreline uses and development that enhance shoreline ecological functions and/or processes or employ innovative features that further the purposes of this Program. 7. Encourage shoreline uses and development that enhance and/or increase public access to the shoreline. 432 CHAPTER 2 - GOALS AND OBJECTIVES 23.20.07 Conservation The shoreline conservation element provides for the protection of natural resources, and shoreline ecological functions and processes. Resources to be conserved and protected include, but are not limited to, wetlands; riparian, nearshore, and aquatic habitats; priority fish and wildlife habitats and species; floodplains; feeder bluffs and other geological features; cultural and historic resources; as well as scenic vistas and aesthetics. 23.20.07.A Conservation Goal To conserve shoreline resources and important shoreline features, and protect shoreline ecological functions and the processes that sustain them to the maximum extent practicable. 23.20.07.E Conservation Objectives 1. Develop regulations and mitigation standards that ensure new shoreline developments prevent a net loss of shoreline ecological functions and processes. Implement such regulations and standards in a manner consistent with all relevant constitutional and other legal limitations on the regulation of private property. 2. Protect critical areas in accordance with the policies and regulations in WCC 16.16. 3. Manage renewable natural resources on a sustained yield basis. Extract non-renewable natural resources in a manner that maintains the quality of other resources and shoreline ecological functions and processes. 4. Prioritize protection and/or conservation of shoreline areas that are ecologically intact and minimally developed or degraded. 23.20.08 Archaeological, Historical and Cultural Resources The archaeological -historical -cultural element provides for protection, preservation and/or restoration of buildings, sites, and areas having archaeological, historical, cultural, or scientific value or significance. 23.20.08.A Archaeological, Historical and Cultural Resources Goal Protect shoreline features of historic, cultural, archeological, or scientific value or significance to prevent damage or destruction through coordination and consultation with the appropriate local, state and federal authorities, including affected Indian tribes. 23.20.08.E Archaeological, Historical and Cultural Resources Objectives 1. Protect sites in collaboration with appropriate tribal, state, federal and local governments. Encourage public agencies and private parties to cooperate in the identification, protection and management of cultural resources. 2. Where appropriate, make access to such sites available to parties of interest, provided that access to such sites must be designed and managed in a manner that gives maximum protection to the resource. rl 10 433 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM 3. Provide opportunities for education related to archaeological, historical and cultural features where appropriate and incorporated into public and private programs and development. 23.20.09 Views and Aesthetics This element provides for preservation and/or protection of scenic vistas, views of the water, and other aesthetic qualities of shorelines for public enjoyment. 23.20.09.A Views and Aesthetics Goal To assure that the public's ability and opportunity to enjoy shoreline views and aesthetics is protected. 23.20.09.E Views and Aesthetics Objectives Identify and protect areas with scenic vistas and areas where the shoreline has high aesthetic value. 2. Design development to minimize adverse impacts on views from public property or views enjoyed by a substantial number of residences. 23.20.10 Restoration and Enhancement This element provides for the timely restoration and enhancement of ecologically impaired areas in a manner that achieves a net gain in shoreline ecological functions and processes above baseline conditions as of the adoption of this Program. 23.20.10.A Restoration and Enhancement Goal To re-establish, rehabilitate and/or otherwise improve impaired shoreline ecological functions and/or processes through voluntary and incentive -based public and private programs and actions that are consistent with the Shoreline Management Program Restoration Plan (County Resolution 2007-011) and other approved restoration plans. 23.20.10.E Restoration and Enhancement Objectives Encourage and facilitate cooperative restoration and enhancement programs between local, state, and federal public agencies, tribes, non-profit organizations, and landowners to address shorelines with impaired ecological functions and/or processes. 2. Restore and enhance shoreline ecological functions and processes as well as shoreline features through voluntary and incentive -based public and private programs. 3. Target restoration and enhancement towards improving habitat requirements of priority and/or locally important wildlife species. 4. Ensure restoration and enhancement is consistent with and, where practicable, prioritized based on the biological recovery goals for early Chinook, bull trout populations and other species and/or populations for which a recovery plan is available. 11 434 CHAPTER 2 - GOALS AND OBJECTIVES Integrate restoration and enhancement with other parallel natural resource management efforts such as the WRIA 1 Salmonid Recovery Plan, Drayton Harbor and Portage Bay Shellfish Protection District plans, WRIA 1 Watershed Management Plan, Whatcom County Comprehensive Plan, and the Puget Sound Salmon Recovery Draft Plan. 12 435 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM Chapter 3 Shoreline Jurisdiction and Area Designations 23.30.01 Shoreline Jurisdiction The provisions of this Program shall apply to all shorelines of the state in unincorporated Whatcom County including all shorelines of statewide significance (Appendix D) and all shorelands as defined in Chapter 11 and collectively referred to herein as "shorelines". For the purposes of this Program, jurisdictional shorelines are divided into segments or reaches. Each segment is assigned one or more Shoreline Area Designations pursuant to this Chapter in order to provide for the management of use and development within shorelines. 23.30.02 Official Shoreline Map A. Shoreline Area Designations. Shoreline Area Designations are delineated on a map, hereby incorporated as a part of this Program (Appendix E) that shall be known as the Official Shoreline Map. There shall be only one official copy of this map that shall reside in the custody of the Washington State Department of Ecology. Additional copies have been provided to the Whatcom County Auditor and the Whatcom County Planning and Development Services Department where they are available for public use. B. Shoreline Jurisdictional Limits. The purpose of the Official Shoreline Map is to identify Shoreline Area Designations. The map does not necessarily identify or depict the lateral extent of shoreline jurisdiction nor does it identify associated wetlands. The lateral extent of the shoreline jurisdiction shall be determined on a case -by -case basis based on the location of the ordinary high water mark (OHWNI), floodway and presence of associated wetlands; provided that, exclusive of associated wetlands, the map identifies the lateral extent of shoreline jurisdiction on the Sumas River and the Mainstem, North Fork, Middle Fork and South Fork of the Nooksack River. 23.30.02.1 Interpretation of Shoreline Area Designation Boundaries A. If disagreement develops as to the exact location of a Shoreline Area Designation boundary line, the Official Shoreline Map shall prevail. B. If disagreement develops as to the exact location of a Shoreline Area Designation boundary line, the following rules shall apply: Boundaries indicated as approximately following lot, tract, or section lines shall be so construed. 2. Boundaries indicated as approximately following roads or railways shall be respectively construed to follow their centerlines. 3. Boundaries indicated as approximately parallel to or extensions of features indicated in (1) or (2) above shall be so construed. 13 436 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM C. Whenever existing physical features are inconsistent with boundaries on the Official Shoreline Map, the Administrator shall interpret the boundaries. Appeals of such interpretations may be filed pursuant to SMP 23.60.15.H. D. All shoreline areas waterward of the OHWM shall be designated Aquatic. E. Upland shoreline area designations shall apply to shorelands. F. Only one shoreline area designation shall apply to a given shoreland area. In the case of parallel designations, designations shall be divided along an identified linear feature. Such linear features shall be clearly noted in the metadata associated with the Official Shoreline Map. G. All shorelines east of the Mount Baker National Forest western boundary are designated Conservancy unless there are Federal projects on Federal lands. H. All areas within shorelines that are not mapped and/or designated are automatically assigned a Conservancy designation. Within urban growth areas, such shorelines shall be automatically assigned an Urban. Conservancy designation until such time that the shoreline area can be re -designated through a formal amendment. 23.30.02.2 Shoreline Area Designations A. A set of ten (10) Shoreline Area Designations has been developed as a part of this Program. The purpose of the Shoreline Area Designations is to provide a systematic, rational, and equitable basis upon which to guide and regulate development within specific shoreline reaches. B. Shoreline Area Designations have been determined after consideration of: The ecological functions and processes that characterize the shoreline, together with the degree of human alteration; and 2. Existing development patterns together with WCC Title 20 Zoning designations, the County Comprehensive Plan designations and other officially adopted plans; and 3. Federal and Tribal ownership status; and 4. The goals of Whatcom County citizens for their shorelines; and 5. Pursuant to RCW 90.58.100(4), in designating State-owned shorelines, consideration has been given to public demand for wilderness beaches, ecological study areas, and other recreational activities; and 6. Other state policies in the Act and the Shoreline Master Program Guidelines (RCW 90.58.020 and WAC 173-26, respectively). C. Development and use within each designated shoreline area shall occur consistent with this Program, including but not limited to the purpose, criteria and policies described below, the general polices and regulations contained in Chapter 9, and the use policies 14 437 CHAPTER 3 _ SHORELINE JURISDICTION AND AREA DESIGNATIONS and regulations provided in Chapter 10, subject to the provisions of the Whatcom County Zoning Code, WCC Title 20, and other applicable land use regulations where more restrictive. 23.30.03 Urban Shoreline Area 23.30.03.1 Urban Shoreline Area, Purpose: The purpose of the Urban shoreline area is to provide for intensive development of water - oriented commercial, transportation, and industrial uses and accommodate mixed use developments such as those consisting of urban density residential, commercial and industrial uses, while protecting existing shoreline ecological functions and processes and restoring shoreline ecological functions and/or processes in areas that have been previously degraded. 23.30.03.2 Urban Shoreline Area, Designation Criteria: The Urban shoreline area is applied to shoreline areas zoned commercial, industrial and urban density residential within urban growth areas and limited industrial or commercial areas of more intense rural development, if they: A. Are currently characterized by high intensity development and/or uses; are designated by the Comprehensive Plan for high intensity uses or intensive uses related to commerce, transportation or navigation; or are suitable and planned for high intensity mixed use; and B. Do not contain limitations to urban use such as geologic hazards, and have adequate utilities and access; and C. Do not provide important ecological functions that would be significantly compromised by high intensity residential, commercial, or industrial use. 23.30.03.3 Urban Shoreline Area, Policies: Development within Urban shoreline areas shall be consistent with the following policies: A. New urban character development should be directed toward already developed or developing areas where compatible. B.. First priority should be given to water -dependent uses. Second priority should be given to water -related and then water -enjoyment uses. Nonwater-oriented uses should not be allowed except as part of mixed use developments. Nonwater-oriented uses may also be allowed in limited situations where they do not conflict with or limit opportunities for water -oriented uses or on sites where there is no direct access to the shoreline, or where the needs of existing and future water -dependent uses are met. 23.30.03.4 Urban Shoreline Area, Permitted Uses: The following uses may be permitted subject to the applicable policies and regulations of this Program: A. Residential. 15 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM B. Water -oriented commercial, industrial and/or port development. C. Water -oriented recreation. D. Agricultural. 23.30.03.5 Urban Shoreline Area, Conditional Uses: The following uses may be permitted as conditional uses subject to the applicable policies and regulations of this Program: A. Nonwater-oriented commercial, industrial and/or port development, subject to the criteria in SMP 23.100.05.13.11A and 23.100.07.B.1.c(4), respectively. B. Dams, diversions and tailrace structures for hydroelectric power generation. C. Institutional development and essential public facilities, where there is no feasible location outside the shoreline. D. Transportation facilities not serving a specific approved use, including roads, railways, and parking areas, provided there is no feasible location outside the shoreline. E. Regional utility development not serving adjacent uses such as sewage trunk lines, desalinization facilities, solid waste transfer and disposal sites, oil pipelines and gas pipelines other than local distribution, provided there is no feasible location outside the shoreline. 23.30.03.6 Urban Shoreline Area, Prohibited Uses: The following uses are prohibited: A. Forest practices. B. Surface mining. 23.30.04 Urban Resort Shoreline Area 23.30.04.1 Urban Resort Shoreline Area, Purpose: The purpose of the Urban Resort shoreline area is to provide for intensive residential and commercial uses geared to the needs of tourists and day visitors while protecting existing shoreline ecological functions and processes. Emphasis is on hotels, motels, shops, restaurants, commercial rental campgrounds, rental cabins, and shoreline related recreation facilities. 23.30.04.2 Urban Resort Shoreline Area, Designation Criteria: The Urban Resort shoreline area is applied to shoreline areas identified in the Comprehensive Plan as suitable for resort commercial development with substantial features that might reasonably attract resort development compatible with other development in the area, and which have existing and/or planned infrastructure sufficient to support such development. 16 439 CHAPTER 3 - SHORELINE JURISDICTION AND AREA DESIGNATIONS 23.30.04.3 Urban Resort Shoreline Area, Policies: Development within Urban Resort shoreline areas shall be consistent with the following policies: A. Scale and design of resort development should assure compatibility with allowed uses of adjacent shoreline areas and shoreline ecological functions and processes. B. Buildings over 35 feet in height may be permitted if additional open space, view areas, public access and/or other amenities are provided. 23.30.04.4 Urban Resort Shoreline Area, Permitted Uses: The following uses may be permitted subject to the applicable policies and regulations of this Program: A. Residential. B. Water -oriented commercial. C. Port development, limited to passenger terminals. D. Water -oriented recreation. 23.30.04.5 Urban Resort Shoreline Area, Conditional Uses: The following may be permitted as conditional uses subject to the applicable policies and regulations of this Program: A. Nonwater-oriented commercial, subject to the criteria in SMP 23.100.05.B.1.d. B. Institutional development and essential public facilities, where there is no feasible location outside the shoreline. C. Transportation facilities not serving a specific approved use, including roads, railways, and parking areas, provided there is no feasible location outside the shoreline. D. Regional utility development not serving adjacent uses such as sewage trunk lines, desalinization facilities, solid waste transfer and disposal sites, oil pipelines and gas pipelines other than local distribution, provided there is no feasible location outside the shoreline. 23.30.04.6 Urban Resort Shoreline Area, Prohibited Uses: The following uses are prohibited: A. Agricultural. B. Forest practices. C. Surface mining. D. All other industrial and port development. 17 M WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM 23.30.05 Urban Conservancy Shoreline Area 23.30.05.1 Urban Conservancy Shoreline Area, Purpose: The purpose of the Urban Conservancy shoreline area is to protect shoreline ecological functions and processes in urban growth areas and limited areas of more intense rural development that are not designated for high intensity residential use and are not generally suitable for water -dependent uses. 23.30.05.2 Urban Conservancy Shoreline Area, Designation Criteria: The Urban Conservancy shoreline area is applied to shoreline areas inside urban growth areas where any of the following characteristics apply: A. They support or retain important shoreline ecological functions and/or processes, even though partially developed. B. They have the potential for development at an intensity and character that is compatible with preserving and restoring ecological functions. They are generally not designated for high intensity residential use, commercial use, or industrial use. C. They are characterized by critical areas or indicate the presence of other valuable or sensitive ecological resources. 23.30.05.3 Urban Conservancy Shoreline Area, Policies: Development within Urban Conservancy shoreline areas shall be consistent with the following policies: A. Primary permitted uses should consist of low intensity residential uses or other low intensity uses that preserve the natural character of the area or promote preservation of open space and critical areas. B. Moderate to high intensity residential use may be permitted if the proposed uses and design result in substantial open space, public access and/or restoration of shoreline ecological functions and/or processes, and if compatible with surrounding uses. C. Public access and public recreation facilities are a preferred use if they will not cause substantial ecological impacts and when restoration of ecological functions is incorporated. D. Low intensity commercial uses may be permitted if the specific uses and design result in substantial open space, public access and/or restoration of ecological functions and if compatible with surrounding uses. 23.30.05.4 Urban Conservancy Shoreline Area, Permitted Uses: The following uses may be permitted subject to the applicable policies and regulations of this Program: 18 441 CHAPTER 3 - SHORELINE JURISDICTION AND AREA DESIGNATIONS A. Single family and duplex residential. B. Agricultural. C. Low intensity recreation, provided that facilities do not require substantive alterations to topography, such as public forest preserves, wildlife reserves, natural systems education, and/or interpretive areas, trails, trailheads, with associated restroom facilities and parking areas for no more than thirty (30) vehicles, and buildings for interpretive facilities not exceeding 4,000 square feet, subject to the criteria in SIVIP 23.100.10. 23.30.05.5 Urban Conservancy Shoreline Area, Conditional Uses: The following may be permitted as conditional uses subject to the applicable policies and regulations of this Program: A. All other residential development. B. Low intensity water -oriented commercial limited to resort, bed and breakfast, campgrounds and similar facilities subject to the criteria in SMP 23.100.05. Low intensity nonwater-oriented commercial limited to resort, bed and breakfast, campgrounds and similar facilities, subject to the criteria in SMP 23.100.05.B.1.d. C. Dams, diversions and tailrace structures for hydroelectric power generation. D. Institutional development and essential public facilities, where there is no feasible location outside the shoreline. E. Regional utility development not serving adjacent uses such as sewage trunk lines, desalinization facilities, solid waste transfer and disposal sites, oil pipelines and gas pipelines other than local distribution, provided there is no feasible location outside the shoreline. F. Sewage outfalls and treatment plants, over -water communication or power lines, fuel pipelines, or other types of hazardous materials pipelines, provided there is no feasible location outside of the shoreline. 23.30.05.6 Urban Conservancy Shoreline Area, Prohibited Uses: The following uses are prohibited: A. Forest practices. B. Surface mining. C. All other industrial and port development. D. Transportation facilities not serving a specific approved use. 23.30.06 Shoreline Residential Area 23.30.06.1 Shoreline Residential Area, Purpose: 19 442 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM The Shoreline Residential shoreline area accommodates residential development and accessory structures that are consistent with this chapter. 23.30.06.2 Shoreline Residential Area, Designation Criteria: The Shoreline Residential shoreline area is applied to shorelines if they have been predominantly developed with single family or multifamily residential uses or are planned and platted for residential development. The designation is generally applied to residential densities of greater than one (1) unit per acre. 23.30.06.3 Shoreline Residential Area, Polices: Development within Shoreline Residential shoreline areas shall be consistent with the following policies: A. The scale and density of new uses and development should be compatible with, and protect or enhance, the existing residential character of the area while sustaining shoreline ecological functions and processes. B. Public or private outdoor recreation facilities should be encouraged if compatible with the character of the area. Preferred uses include water -dependent and water -enjoyment recreation facilities that provide opportunities for substantial numbers of people to access and enjoy the shoreline. C. Commercial development should be limited to water -oriented uses. Nonwater-oriented commercial uses may be permitted as part of mixed use developments where the primary use is residential; provided that, such uses should provide a substantial benefit with respect to the goals and policies of this Program such as providing public access or restoring degraded shorelines. 23.30.06.4 Shoreline Residential Area, Permitted Uses: The following uses may be permitted subject to the applicable policies and regulations of this Program: A. Residential. B. Water -oriented commercial. C. Water -oriented recreation. D. Agricultural. 23.30.06.5 Shoreline Residential Area, Conditional Uses: The following may be permitted as conditional uses subject to the applicable policies and regulations of this Program: A. Nonwater-oriented commercial, subject to the criteria in SMP 23.100.05.B.1.d. 20 443 CHAPTER 3 - SHORELINE JURISDICTION AND AREA DESIGNATIONS B. Dams, diversions and tailrace structures for hydroelectric power generation. C. Institutional development and essential public facilities, where there is no feasible location outside the shoreline. D. Transportation facilities not serving a specific approved use, including roads, railways, and parking areas, provided there is no feasible location outside the shoreline. E. Regional utility development not serving adjacent uses such as sewage trunk lines, desalinization facilities, solid waste transfer and disposal sites, oil pipelines and gas pipelines other than local distribution, provided there is no feasible location outside the shoreline. 23.30.06.6 Shoreline Residential Area, Prohibited Uses: The following uses are prohibited: A. Forest practices. B. Surface mining. C. All other industrial and port development. 23.30.07 Rural Shoreline Area 23.30.07.1 Rural Shoreline Area, Purpose: The purpose of the Rural shoreline area is to protect shoreline ecological functions in areas having a rural character characterized by open space and low density development including, but not limited to: residences, agriculture, forestry and outdoor recreation. Uses should be compatible with the physical capabilities and limitations, natural resources and shoreline ecological functions and processes of the area. 23.30.07.2 Rural Shoreline Area, Designation Criteria: The Rural shoreline area is applied to shoreline areas outside urban growth areas, particularly areas designated as "Rural" in the Whatcom County Comprehensive Plan, and includes areas: A. Where the shoreline currently accommodates residential uses outside urban growth areas and is characterized by low density development, pasture, agriculture, woodlots, home occupations, and cottage industries. The distribution of rural land use is adjacent to agricultural, forestry, and urban land uses and often provides a transition between urban areas and commercial agriculture and forestry uses. Natural vegetative cover and topography have been altered in many rural areas, but substantial ecological functions, and/or the potential for restoration of ecological functions are present. B. That are now used or potentially usable for a mix of agriculture, forestry, and residential use. C. Where residential development is or should be of low density, because of limitations by physical features, the presence of critical areas, and/or lack of utilities or access. 21 iii WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM D. That have high recreational value or unique historic or cultural resources. E. Where low intensity outdoor recreation use or development would be appropriate and compatible with other uses and the physical environment. F. Where the shoreline has been developed with low intensity water -dependent uses. 23.30.07.3 Rural Shoreline Area, Policies: Development within Rural shoreline areas shall be consistent with the following policies: A. Uses in Rural areas should protect or enhance the rural character of the shoreline and sustain the shoreline ecological functions and processes by limiting building density and height, and providing effective setbacks, buffers and open space. B. Residential development consistent with the rural character of the area is permitted, provided it includes measures to protect ecological functions and processes. Related uses consistent with the rural character of the area are permitted. C. Public or private outdoor recreation facilities should be encouraged if compatible with the rural character of the area and developed in a manner that maintains shoreline ecological functions and processes. Preferred uses include water -oriented recreation facilities that do not deplete shoreline resources over time, such as boating facilities, angling, wildlife viewing trails, and swimming beaches. D. Industrial or commercial development should be limited to, water -oriented commercial and industrial uses in the limited locations where such uses have been established or at sites in rural communities that possess appropriate shoreline conditions and services sufficient to support such developments. Nonwater-dependent uses should provide a substantial benefit with respect to the goals and policies of this Program such as providing public access and/or restoring degraded shorelines. E. Agriculture and forestry consistent with rural character and the maintenance of shoreline ecological functions and processes should be encouraged. 23.30.07.4 Rural Shoreline Area, Permitted Uses: The following uses may be permitted subject to the applicable policies and regulations of this Program: A. Residential. B. Water -oriented commercial. C. Water -oriented industrial and/or port development. D. Water -oriented recreation. E. Agricultural and forest practices. 23.30.07.5 Rural Shoreline Area, Conditional Uses: 22 445 CHAPTER 3 - SHORELINE JURISDICTION AND AREA DESIGNATIONS The following uses may be permitted as conditional uses subject to the applicable policies and regulations of this Program: A. Nonwater-oriented commercial, industrial and/or port development, subject to the criteria in SMP 23.100.05.13.11A and 23.100.07.B.1.c(4), respectively. B. Dams, diversions and tailrace structures for hydroelectric power generation. C. Institutional development and essential public facilities, where there is no feasible location outside the shoreline. D. Transportation facilities not serving a specific approved use, including roads, railways, and parking areas, provided there is no feasible location outside the shoreline. E. Regional utility development not serving adjacent uses such as sewage trunk lines, desalinization facilities, solid waste transfer and disposal sites, oil pipelines and gas pipelines other than local distribution, provided there is no feasible location outside the shoreline. F. Surface mining. 23.30.08 Resource Shoreline Area 23.30.08.1 Resource Shoreline Area, Purpose: The purpose of the Resource shoreline area is to protect shoreline ecological functions and processes in areas designated in the Whatcom County Comprehensive Plan as Agriculture Resource Lands, Rural Forestry, Commercial Forestry and Mineral Resource Lands and to protect the economic base of those lands and limit incompatible uses. 23.30.08.2 Resource Shoreline Area, Designation Criteria: "rhe Resource shoreline area is applied to shoreline areas designated as Agriculture, Rural Forestry, Commercial Forestry and Mineral Resource Lands in the Whatcom County Comprehensive Plan and includes areas where the shoreline currently accommodates ongoing resource management, where natural vegetation cover has been altered but substantial ecological functions, or the potential for restoring ecological functions are present. 23.30.08.3 Resource Shoreline Area, Policies: Development within Resource shoreline areas shall be consistent with the following policies: A. Uses in Resource areas should protect the economic base of those lands, limit incompatible uses, and sustain the shoreline area ecological processes and functions by limiting uses and intensity.. Residential use is generally limited to one (1) dwelling per existing parcel. The dwelling may be located within the shoreline jurisdiction, only where no other building site is feasible on the parcel. 23 M WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM B. Public or private outdoor recreation facilities should be permitted if they do not displace designated resource lands and if they are developed in a manner that maintains shoreline ecological functions. Preferred uses include water -dependent and water - enjoyment recreation facilities. C. Industrial or commercial use and development should be limited to uses that serve resource uses. Such uses may be located within the shoreline only if they are water - dependent, water -related or if no other feasible location exists within the contiguous property. 23.30.08.4 Resource Shoreline Area, Permitted Uses: The following uses may be permitted subject to the applicable policies and regulations of this Program: A. Residential development limited to farm related residences or one (1) residence and one (1) accessory dwelling unit per existing parcel, where there is no feasible location outside of the shoreline. B. Water -oriented commercial related to natural resource products predominantly produced on site. C. Water -oriented industrial facilities for processing, manufacturing, and storage of natural resource products. D. Low intensity water -oriented recreation, including public forest preserves, wildlife reserves, natural systems education, and/or interpretive areas, trails, trailheads, with associated restroom facilities and parking areas for no more than thirty (30) vehicles, subject to the criteria in SMP 23.100.10. E. Agricultural and forest practices. 23.30.08.5 Resource Shoreline Area, Conditional Uses: The following uses may be permitted as conditional uses subject to the applicable policies and regulations of this Program: A. Nonwater-oriented commercial and industrial development related to natural resource. products predominantly produced on site, subject to the criteria in SMP 23.100.05.B.1.d. and SMP 23.100.07.B.1.c(4), respectively. B. Water -oriented industrial and port development other than those uses related to products predominantly produced on site. C. Dams, diversions and tailrace structures for hydroelectric power generation. D. Institutional development and essential public facilities, where there is no. feasible location outside the shoreline. E. Transportation facilities not serving a specific approved use, including roads, railways, and parking areas, provided there is no feasible location outside the shoreline. 24 447 CHAPTER 3 - SHORELINE JURISDICTION AND AREA DESIGNATIONS- F. Regional utility development not serving adjacent uses such as sewage trunk lines, desalinization facilities, solid waste transfer and disposal sites, oil pipelines and gas pipelines other than local distribution, provided there is no feasible location outside the shoreline. G. Surface mining. 23.30.08.6 Resource Shoreline Area, Prohibited Uses: The following uses are prohibited: A. All other commercial development. B. Other nonwater-oriented industrial and port development. 23.30.09 Conservancy Shoreline Area 23.30.09.1 Conservancy Shoreline Area, Purpose: The purpose of the Conservancy shoreline area is to retain shoreline ecological functions in areas where important ecological processes have not been substantially degraded by human activities. Conservancy areas are designated outside of urban growth areas. The primary management goal is to preserve shoreline ecological functions and processes by avoiding forms of development that would be incompatible with existing functions and processes, as well as identify and focus restoration efforts in areas where benefits to overall functions and processes can be realized. This policy should be furthered by keeping overall intensity of development or use low, and by maintaining most of the area's natural character. 23.30.09.2 Conservancy Shoreline Area, Designation Criteria: The Conservancy shoreline area is applied to shoreline areas outside urban growth areas that include areas: A. Where development activities and uses are buffered from and do not substantially degrade ecological processes and functions. B. Where ecological functions are more intact than in areas designated Rural or Resource. C. Of outstanding scenic quality or other aesthetic qualities of high value to the region, which would likely be diminished unless development is strictly controlled. D. Containing critical areas or other sensitive natural or cultural features that require more than normal restrictions on development and use. E. Having the potential to influence ecological processes in a manner that will produce ecosystem -wide benefits upon restoration. F. That contain valuable or sensitive natural or cultural features that preclude more than a low overall density of residents, recreation use, structures, or livestock, as well as extensive alterations to topography or other features. 25 M WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM G. Have recreational value to the region that would likely be diminished unless development is strictly controlled. 23.30.09.3 Conservancy Shoreline Area, Policies: Development within Conservancy shoreline areas shall be consistent with the following policies: A. Natural ecological processes should be protected, and renewable resources managed so that ecological functions and the resource base are maintained. Non-renewable resources should only be consumed in a manner compatible with conservation of other resources and other appropriate uses. B. Permitted uses should be limited to those compatible with each other and with conservation of shoreline ecological processes and resources. C. Shorelines should be protected from harmful concentrations of people, livestock, buildings, or structures. D. Opportunities for ecological restoration should be pursued, prioritizing those areas with the greatest potential to restore ecosystem -wide processes and functions. E. Outstanding recreational or scenic values should be protected from incompatible development. 23.30.09.4 Conservancy Shoreline Area, Permitted Uses: The following uses may be permitted subject to the applicable policies and regulations of this Program: A. Single family and duplex residential development. B. , Low intensity water -oriented recreation, provided that facilities do not require substantive alterations to topography, such as public forest preserves, wildlife reserves, natural systems education, and/or interpretive areas, trails, trailheads, with associated restroom facilities and parking areas for no more than thirty (30) vehicles, and buildings for interpretive facilities not exceeding 2,000 square feet, subject to the criteria in SMP 23.100.10. C. Agricultural and forest practices: 23.30.09.5 Conservancy Shoreline Area, Conditional Uses: The following uses may be permitted as conditional uses subject to the applicable policies and regulations of this Program: A. All other residential development. B. Low intensity water -oriented commercial limited to resort, bed and breakfast, campgrounds and similar facilities. Low intensity nonwater-oriented commercial uses limited to resort, bed and breakfast, campgrounds and similar facilities may be permitted as a conditional use, subject to the criteria in SMP 23.100.05.B.1.d. 26 .m CHAPTER 3 - SHORELINE JURISDICTION AND AREA DESIGNATIONS C. Dams, diversions and tailrace structures for hydroelectric power generation. D. Institutional development and essential public facilities, where there is no feasible location outside the shoreline. E. Regional utility development not serving adjacent uses such as sewage trunk lines, desalinization facilities, solid waste transfer and disposal sites, oil pipelines and gas pipelines other than local distribution, provided there is no feasible location outside the shoreline. F. Sewage outfalls and treatment plants, over -water communication or power lines, fuel pipelines, or other types of hazardous materials pipelines, provided there is no feasible location outside of the shoreline. G. Surface mining. 23.30.09.6 Conservancy Shoreline Area, Prohibited Uses: The following uses are prohibited: A. All other industrial and port development. B. Transportation facilities not serving a specific approved use. 23.30.10 Natural Shoreline Area 23.30.10.1 Natural Shoreline Area, Purpose: The purpose of the Natural shoreline area is to ensure lohg term preservation of shorelines inside or outside urban growth areas that are ecologically intact. 23.30.10.2 Natural Shoreline Area, Designation Criteria: The Natural shoreline area is applied to shoreline areas where any of the following characteristics apply: A. The majority of natural ecological shoreline functions and/or processes are retained, often evidenced by the shoreline configuration and the presence of native vegetation. Generally, but not necessarily, they include ecologically intact shorelines that are free of structural shoreline modifications, structures, and intensive human uses. B. Forested areas that generally include native vegetation with diverse plant communities, multiple canopy layers, and the presence of large woody debris available for recruitment to adjacent water bodies. C. Valuable functions are provided for the larger aquatic and terrestrial environments, which could be lost or significantly reduced by human development. D. Ecosystems or geologic types that are of particular scientific and educational interest are represented. 27 450 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM E. Largely undisturbed areas of wetlands, estuaries, unstable bluffs, coastal dunes, and spits are present. F. New development, extractive uses, or physical modifications cannot be supported without significant adverse impacts to, ecological functions and/or processes or risk to human safety. 23.30.10.3 Natural Shoreline Area, Policies: Development within Natural shoreline areas shall be consistent with the following policies: A. Preservation of the area's ecological functions, natural features and overall character must receive priority over any other potential use. Uses should not degrade shoreline ecological functions or processes or the natural character of the shoreline area. New development or significant vegetation. removal that would reduce the capability of the shoreline to perform a full range of ecological functions or processes should not be permitted. B. Private and/or public enjoyment of Natural shoreline areas should be encouraged and facilitated through low intensity recreational, scientific, historical, cultural, and educational research uses, provided that no significant ecological impact on the area will result. C. Agricultural and forestry uses of a very low intensity nature may be consistent with the Natural shoreline area when such use is subject to appropriate limitations or conditions to assure that the use does not expand or alter practices in a manner inconsistent with the purpose of the designation. D. The following uses should not be permitted in the Natural shoreline area: Commercial uses. 2. Industrial uses. 3. Nonwater-oriented recreation. 4. Roads, utility corridors, and parking areas that can be located outside of Natural shoreline areas. 23.30.10.4 Natural Shoreline Area, Permitted Uses: The following uses may be permitted subject to the applicable policies and regulations of this Program: A. Low intensity water -oriented recreation, provided that facilities do not require substantive alterations to topography, such as public forest preserves, wildlife reserves, natural systems education, and/or interpretive areas, trails, trailheads, with associated restroom facilities and parking areas for no more than ten (10) vehicles, and buildings for interpretive facilities not exceeding 500 square feet, subject to the criteria in SMP 23.100.10. B. Low intensity agricultural. 28 451 CHAPTER 3 - SHORELINE JURISDICTION AND AREA DESIGNATIONS 23.30.10.5 Natural Shoreline Area, Conditional Uses: The following uses may be permitted as conditional uses subject to the applicable policies and regulations of this Program: A. Single family residential use and development is only permitted on existing lots of record and where there is no feasible location outside the shoreline. Further subdivision is not permitted. B. Forest practices; provided that, it meets the conditions of the State Forest Practices Act and it's implementing rules and is conducted in a manner consistent with the purpose of this environment designation. 23.30.10.6 Natural Shoreline Area, Prohibited Uses: The following uses are prohibited: A. All other residential. B. Commercial. C. Industrial and port development. D. Nonwater-oriented recreation. E. Institutional. F. Transportation facilities not serving a specific approved recreational development. G. Utility development not serving a specific approved use. H. Surface mining. 23.30.11 Aquatic Shoreline Area 23.30.11.1 Aquatic Shoreline Area, Purpose: The purpose of the Aquatic shoreline area is to protect, restore, and manage the characteristics and resources of the areas waterward of the ordinary high water mark. 23.30.11.2 Aquatic Shoreline Area, Designation Criteria: The Aquatic shoreline area is defined as the area waterward of the ordinary high water mark of all streams, rivers, marine water bodies, and lakes, constituting shorelines of the state together with their underlying lands and their water column. 23.30.11.3 Aquatic Shoreline Area, Policies: Development within Aquatic shoreline areas shall be consistent with the following policies: 29 452 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM A. New over -water structures should only be permitted for water -dependent uses, public access, or ecological restoration. The size of new over -water structures should be limited to the minimum necessary to support the structure's intended use. In order to reduce the impacts of shoreline development and increase effective use of water resources, multiple use of over -water facilities should be encouraged. B. All developments and uses on navigable waters or their beds should be located and designed to minimize interference with surface navigation, to consider impacts to public views, and to allow for the safe, unobstructed passage of fish and wildlife, particularly those species dependent on migration. C. Uses that adversely impact the ecological functions of critical saltwater and freshwater habitats should not be permitted except where necessary to achieve the objectives of RCW 90.58.020, and then only when all potential impacts are mitigated as necessary to assure maintenance of shoreline ecological functions and processes. D. Shoreline uses and modifications should be designed and managed to prevent degradation of water quality and alteration of natural conditions. 23.30.11.4 Aquatic Shoreline Area, Permitted Uses: Permitted uses consist of the water -dependent uses permitted in abutting upland shoreline area designations, subject to the exceptions listed in SMP 23.30.11.6. 23.30.11.5 Aquatic Shoreline Area, Conditional Uses: Conditional uses consist of those water -dependent conditional uses designated in abutting upland shoreline area designations. 23.30.11.6 Aquatic Shoreline Area, Prohibited Uses: The following uses are prohibited: A. Residential. B. Nonwater-dependent commercial, industrial and port development. C. Institutional. D. Agricultural. 23.30.12 Cherry Point Management Area The policies, regulations and standards, etc. applicable to the Cherry Point Management Area are found in SMP 23.100.17, except as otherwise specified therein. 30 453 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM Chapter 4 Shorelines of Statewide Significance 23.40.01 Adoption of Policy In accordance with RCW 90.58.020, the following management and administrative policies are hereby adopted for all shorelines of statewide significance in unincorporated Whatcom County, as defined in RCW 90.58.030(2)(e) and identified in SMP 23.40.02. Consistent with the policy contained in RCW 90.58.020, preference shall be given to the uses that are consistent with the statewide interest in such shorelines. These are uses that: A. Recognize and protect the statewide interest over local interest. B. Preserve the natural character of the shoreline. C. Result in long term over short term benefit. D. Protect the resources and ecology of the shoreline. E. Increase public access to publicly owned areas of the shoreline. F. Increase recreational opportunities for the public in the shoreline. G. Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary. Uses that are not consistent with these policies should not be permitted on shorelines of statewide significance. 23.40.02 Designation of Shorelines of Statewide Significance In accordance with the criteria of RCW 90.58.030(2)(e), the legislature designated the following shorelines of unincorporated Whatcom County, including the shorelands and associated wetlands as therein defined, as having statewide significance: A. Lakes: 1. Lake Whatcom, 2. Ross Lake, and 3. Baker Lake B. Rivers: 1: Nooksack River: its mainstem downstream to Bellingham Bay, its North Fork to the mouth of Glacier Creek and its South Fork to the mouth of Hutchinson Creek. 31 454 CHAPTER 4 - SHORELINES OF STATEWIDE SIGNIFICANCE C. Marine: Skagit River: upstream of the Whatcom-Skagit County line to the point where the mean annual flow is measured at one thousand feet per second or more, approximately, at the confluence of Newhalem Creek. Birch Bay from Birch Point to Point Whitehorn. All other marine waters, water columns, and bedlands waterward of extreme low tide. 23.40.03 Policies for Shorelines of Statewide Significance The statewide interest should be recognized and protected over the local interest in shorelines of statewide significance. To ensure that statewide interests are protected over local interests, the County shall review all development proposals within shorelines of statewide significance for consistency with RCW 90.58.030 and the following policies: A. Redevelopment of shorelines should be encouraged where it restores or enhances shoreline ecological functions and processes impaired by prior development activities. B. The Washington Departments of Fish and Wildlife and Ecology, the Lummi Nation, the Nooksack Tribe, and other resources agencies should be consulted for development proposals that could affect anadromous fisheries. C. Where commercial timber cutting takes place pursuant to SMP 23.90.11 and RCW 90.58.150, reforestation should take place as soon as possible. D. Activities that use shoreline resources on a sustained yield or non -consuming basis and that are compatible with other appropriate uses should be given priority over uses not meeting these criteria. E. The range of options for shoreline use should be preserved to the maximum possible extent for succeeding generations. Development that consumes valuable, scarce or irreplaceable natural resources should not be permitted if alternative sites are available. F. Potential short term economic gains or convenience should be measured against potential long term and/or costly impairment of natural features. G. Protection or enhancement of aesthetic values should be actively promoted in design review of new or expanding development. H. Resources and ecological systems of shorelines of statewide significance should be protected. Shorelands and submerged lands should be protected to accommodate current and projected demand for economic resources of statewide importance such as commercial shellfish beds. Those limited shorelines containing unique, scarce and/or sensitive resources should be protected to the maximum extent feasible. Erosion and sedimentation from development sites should be controlled to minimize adverse impacts on ecosystem processes. If site conditions preclude effective erosion 32 455 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM and sediment control, excavations, land clearing, or other activities likely to result in significant erosion should be severely limited. K. Public access development in extremely sensitive areas should be restricted or prohibited. All forms of recreation or access development should be designed to protect the resource base upon which such uses in general depend. L. Public and private developments should be encouraged to provide trails, viewpoints, water access points and shoreline related recreation opportunities whenever possible. Such development is recognized as a high priority use. M. Development not requiring a waterside or shoreline location should be located inland so that lawful public enjoyment of shorelines is enhanced. N. Lodging and related facilities should be located inland and provide for appropriate means of access to the shoreline. 33 456 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM Chapter 5 Applicability and Non -conforming Uses 23.50.01 Application to Persons and Development A. This Program shall apply to any person as defined in Chapter 11. B. This Program shall apply to any use or development as defined in Chapter 11. All development and use of shorelines of the state shall be carried out in a manner that is consistent with this Program and the policy of the Act as required by RCW 90.58.140(1), whether or not a shoreline permit or statement of exemption is required for such development pursuant to Chapter 6 of this Program. C. No substantial development as defined in Chapter 11 shall be undertaken within shorelines by any person on shorelines without first obtaining a substantial development permit from Whatcom County; provided that, such a permit shall not be required for the exempt activities listed in SMP 23.60.02.2. 23.50.02 Relationship to Other Local Regulations A. In the case of development subject to the shoreline permit requirement of this Program, the County Building Official shall not issue a building permit for such development until a shoreline permit has been granted; provided that, any permit issued by the Building Official for such development shall be subject to the same terms and conditions that apply to the shoreline permit. B. In the case of development subject to regulations of this Program but exempt from the shoreline substantial development permit requirement, any required statement of exemption shall be obtained prior to issuance of the building permit; provided that, for single family residences, a building permit reviewed and signed off by the Administrator may substitute for a written statement of exemption. A record of review documenting compliance with bulk and dimensional standards as well as policies and regulations of this Program shall be included in the permit review. The Building Official shall attach and enforce conditions to the building permit as required by applicable regulations of this Program pursuant to RCW 90.58.140(1). C. In the case of zoning conditional use permits and/or variances required by WCC Title 20 for development that is also within shorelines, the County decision maker shall document compliance with bulk and dimensional standards as well as policies and regulations of this Program in consideration of recommendations from the Administrator. The decision maker shall attach conditions to such permits and variances as required to make such development consistent with this Program. D. In the case of land divisions, such as short subdivisions, long plats and planned unit developments that require county approval, the decision maker shall document compliance with bulk and dimensional standards as well as policies and regulations of this Program and attach appropriate conditions and/or mitigating measures to such approvals to ensure the design, development activities and ,future use associated with such land division(s) are consistent with this Program. 34 457 CHAPTER 5 - APPLICABILITY AND NON -CONFORMING USES E. Other local ordinances that may be applicable to shoreline development or use include, but are not limited to: 1. Building, Plumbing, Mechanical, and Fire Codes 2. Boating and Swimming, WCC Title 11 3. On -Site Sewage System Regulations, WCC 24.05 4. Solid Waste Rules and Regulations, WCC 24.06 5. Zoning, WCC Title 20 6. Land Division Regulations, WCC Title 21 7. Development Standards 23.50.03 Relationship to Other State and Federal Laws A. Obtaining a shoreline permit or statement of exemption for a development or use does not excuse the applicant/proponent from complying with any other local, tribal, State, regional or Federal statutes or regulations applicable to such development or use. B. At the time of application or initial inquiry, the Administrator shall inform the applicant/proponent of other such statutes and regulations relating to shoreline issues that may be applicable to the project to the extent that the Administrator is aware of such statutes. However, the final responsibility for determining applicable statutes and regulations and complying with the same rests with the applicant/proponent or responsible person carrying out the use or development in question. C. Washington State statutes together with implementing regulations adopted pursuant thereto that may be applicable to shoreline development or use include, but are not limited to: 1. Flood Control Zone Act, RCW 86.16 2. Forest Practices Act, RCW 76.09 3. Fish and Wildlife, RCW 77 4. Water Pollution Control Act, RCW 90.48 5. Land Subdivision Act, RCW 58.17 6. Surface Mining Act, RCW 78.44 7. Washington Clean Air Act, RCW 70.94 8. State Environmental Policy Act (SEPA), RCW 43.21C 9. Camping Resorts Act, RCW 19.105 10. Water Resources Act of 1971, RCW 90.54 11. Growth Management Act, RCW 36.70A 12. State Hydraulic Code, RCW 77.55 D. Regional authority regulations authorized by state law that may be applicable to shoreline development or use include, but are not limited to: 1. Northwest Clean Air Agency regulations 2. Puget Sound Water Quality Management Plan E. Federal statutes together with implementing regulations adopted pursuant thereto that may be applicable to shoreline development or use include, but are not limited to: 1. Rivers and Harbors Act of 1899 2. Fish and Wildlife Coordination Act of 1958 Kiel WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM 3. National Environmental Policy Act of 1969, (NEPA) 4. Coastal Zone Management Act of 1972, as amended 5. Federal Water Pollution Control Act, as amended 6. Flood Insurance Act of 1968, as amended 7. Clean Air Act, as amended 8. Endangered Species Act (ESA) 23.50.04 Application within Federal Reserves A. The shoreline permit procedures, policies and regulations established in this Program shall apply to development or use of shorelines of the state within National Forests, National Parks and National Recreation Areas by persons other than federal agencies. B. As recognized by RCW 90.58.350, the provisions of this Program shall not apply to lands held in trust by the United States for Indian Nations, tribes or individuals. 23.50.05 Program Effects on Property Values A. As provided for in RCW 90.58.290, the restrictions imposed upon use of real property through implementation of policies and regulations of the Act and this Program shall be duly considered by the County Assessor and the County Board of Equalization in establishing the fair market value of such properties. B. Designation of private property as a Natural or Conservancy shoreline area pursuant to Chapter 3 shall qualify the property as meeting the definition of 'open space land" under the Open Space Taxation Act of 1970, as amended (RCW 84.34.020(1)) and shall qualify such land for application for Open Space Taxation in accordance with RCW 84.34.37 and WCC 3.28. 23.50.06 Hazardous Substance Remedial Actions The procedural requirements of RCW 90.58 shall not apply to a project for which a consent decree, order, or agreed order has been issued pursuant to RCW 70.105D or to the Department of Ecology when it conducts a remedial action under RCW 70.105D. The Department of Ecology shall, in consultation with the Administrator, assure that such projects comply with the substantive requirements of RCW 90.58, WAC 173-26 and this Program. 23.50.07 Non -conforming Development The following provisions shall apply to lawfully established uses, buildings and/or structures that do not meet the specific standards of this Program. A. The lawfully established use of any building, structure, land or premises existing on the effective date of initial adoption of the Program (August 27, 1976), or any subsequent amendment thereto or authorized under a permit or approval issued, or otherwise vested, prior to the effective date of initial adoption of the Program or any subsequent amendment thereafter shall be considered nonconforming and may be continued, subject to the provisions of this section; provided that, agricultural activities shall conform to WCC 16.16.290; provided further, that, bulkheads shall conform to SMP 23.100.13. 36 459 CHAPTER 5 -APPLICABILITY AND NON -CONFORMING USES B. An existing use designated as a conditional use that lawfully existed prior to the adoption of this Program or the adoption of an applicable amendment hereto and which has not obtained a conditional use permit shall be considered a legal non -conforming use and may be continued subject to the provisions of this section without obtaining a conditional use permit. C. A structure for which a variance has been issued but which does not comply with applicable requirements of this Program as amended shall be considered a legal non- conforming structure and the requirements of this section shall apply. D. Non -conforming structures may be maintained, repaired, renovated, or remodeled to the extent that non-conformance with the standards and regulations of this Program is not increased, provided that a non -conforming development that is moved any distance must be brought into conformance with this Program and the Act; provided further, that as a conditional use a non -conforming dock may be modified, reoriented or altered within the same general location to be more consistent with the provisions of this SNIP. E. Non -conforming structures that are expanded or enlarged must obtain a variance or be brought into conformance with this Program and the Act; provided that, non -conforming single family residences may be expanded without a variance where the provisions of SMP 23.50.07.1 apply; and provided further, that non -conforming structures with conforming uses within commercial or mixed -use developments may be expanded or enlarged within the existing building footprint as a conditional use pursuant to Ch 23.100.05.B.1(e). F. Non -conforming structures that are destroyed by fire, explosion, flood, or other casualty may be restored or replaced in kind if there is no feasible alternative that allows for compliance with the provisions of this Program; provided that, the following are met: The reconstruction process is commenced within eighteen (18) months of the date of such damage; and 2. The reconstruction does not expand, enlarge, or otherwise increase the non- conformity, except as provided for in subsection (E) above or (H) and (1) below. G. If a non-agricultural non -conforming use is intentionally abandoned for a period of twelve (12) months or more, then any future use of the non -conforming building, land or premises shall be consistent with the provisions of this Program. H. Replacement of any non -conforming structures or buildings or portions thereof within the Aquatic shoreline area shall comply with Program requirements for materials that come in contact with the water pursuant to SMP 23.90.04.B.5; provided that, replacement of existing wood pilings with chemically treated wood is allowed for maintenance purposes where use of a different material such as steel or concrete would result in unreasonable or unsafe structural complications; further provided that, where such replacement exceeds twenty percent (20%) of the existing pilings over a ten (10) year period, such pilings shall conform to the standard provisions of this section. Enlargement or expansion of single family residences by the addition of space to the main structure or by the addition of normal appurtenances as defined in Chapter 11 that would increase the non -conformity and/or encroach further into areas where new 37 s•1 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM structures or developments would not now be allowed under the Program may be approved by conditional use permit if all of the following criteria are met: The structure must be located landward of the ordinary high water mark. 2. The enlargement, expansion or addition shall not extend either further waterward than the existing primary residential structure (not appurtenance), further into the minimum side yard setback, or further into any critical area established by WCC 16.16 than the existing structure. Encroachments that extend waterward of the existing residential foundation walls or further into a critical area, or the minimum required side yard setback require a variance. 3. The area between the non -conforming structure and the shoreline and/or critical area shall meet the vegetation conservation standards of MP 23.90.06. 4. The remodel or expansion will not cause adverse impacts to shoreline ecological functions and/or processes. A structure that is being or has been used for a non -conforming use may be used for a different non -conforming use only upon the approval of a conditional use permit. In addition to the conditional use criteria of SMP 23.60.04, before approving a conditional use for a change in non -conforming use, the Hearing Examiner shall also find that: No reasonable alternative conforming use is practical because of the configuration of the structure and/or the property; 2. The proposed use will be at least as consistent with the policies and provisions of the Act and this Program and as compatible with the uses in the area as the preexisting use; 3. The use or activity is enlarged, intensified, increased or altered only to the minimum amount necessary to achieve the intended functional purpose; 4. The structure(s) associated with the non -conforming use shall not be expanded in a manner that increases the extent of the non -conformity including encroachment into areas, such as setbacks, and any critical areas and/or associated buffers established by WCC 16.16, where new structures, development or use would not be allowed; 5. The vegetation conservation standards of SMP 23.90.06.B.3 are met; 6. The change in use, remodel or expansion will not create adverse impacts to shoreline ecological functions and/or processes; and 7. Uses which are specifically prohibited or which would thwart the intent of the Act or this Program shall- not be authorized. K. New single family development on non -conforming lots consisting of property under contiguous ownership less than 20,000 square feet in size and not subject to landslide hazard areas, alluvial fan hazard areas, or riverine and coastal erosion hazard areas or associated buffers as provided in WCC 16.16.310 may be allowed without a variance in accordance with the following criteria: 38 461 CHAPTER 5 - APPLICABILITY AND NON -CONFORMING USES Non -conforming lots with a building area of 2,500 square feet or more available for a single family residence and normal appurtenances and unrestricted by setbacks or buffers from shorelines or critical areas shall comply with the provisions of this Program. The building area means the entire area that will be disturbed to construct the home, normal appurtenances (except drainfields), and landscaping. 2. Non -conforming lots that do not meet the requirement of subsection K.1 above shall provide the maximum setback and buffer dimension feasible while providing for a building area of not more than 2,500 square feet on the portion of the lot farthest from the required setback or buffer; provided that consideration shall be given to view impacts and all single family residences approved under this section shall not extend waterward of the common -line setback as measured in accordance with Appendix F. The area between the structure and the shoreline and/or critical area shall comply with the vegetation conservation standards of SMP 23.90.06.B.3, 4. Development may not take place waterward of the ordinary high water mark. Facilities such as a conventional drainfield system may be allowed within critical areas or their buffers, except wetlands and buffers, outside of the building area specified above, subject to specific criteria in WCC 16.16. Redevelopment of non -conforming right-of-ways and associated transportation structures, such as railroad trestles, may be permitted for purposes of facilitating the development of public trails and/or public shoreline access; provided that, such redevelopment shall be otherwise consistent with the provisions of this Program, including but not limited to the provisions for public access and no net loss of shoreline ecological functions and processes, except as provided for in subsections (E) and (H) above. 23.50.08 Property Rights A. Decisions on shoreline permits and/or approvals shall recognize all relevant constitutional and other legal limitations on the regulation of private property. Findings shall assure that conditions imposed relate to the governmental authority and responsibility to protect the public health, safety, and welfare, are consistent with the purposes of the Act, and are roughly proportional to the expected impact. B. This Program does not alter existing law on access to or trespass on private property and does not give the general public any right to enter private property without the owner's permission. C. Consistent with Whatcom County's high standard of staff conduct, County staff observe all applicable Federal and State laws regarding entry onto privately owned property. 39 462 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM Chapter 6 Shoreline Permits and Exemptions To be authorized, all uses and developments shall be planned and carried out in a manner that is consistent with this Program and the policy of the Act as required by RCW 90.58.140(1), regardless of whether a shoreline permit, statement of exemption, shoreline variance, or shoreline conditional use permit is required. 23.60.01 Substantial Development Permit Criteria A. A substantial development permit shall be required for all proposed use and development of shorelines unless the proposal is specifically exempt pursuant to SMP 23.60.02.2. B. In order to be approved, the decision maker must find that the proposal is consistent with the following criteria: 1. All regulations of this Program appropriate to the shoreline designation and the type of use or development proposed shall be met, except those bulk and dimensional standards that have been modified by approval of a shoreline variance under SMP 23.60.03. 2. All policies of this Program appropriate to the shoreline area designation and the type of use or development activity proposed shall be considered and substantial compliance demonstrated. 3. For projects located on shorelines of statewide significance, the policies of Chapter 4 shall be also be adhered to. C. In the granting of all shoreline substantial development permits, consideration shall be given to the cumulative environmental impact of additional requests for like actions in the area. For example, if shoreline substantial development permits were granted for other developments in the area where similar circumstances exist, the sum of the permitted actions should also remain consistent with the policy of RCW 90.58.020 and should not produce significant adverse effects to the shoreline ecological functions and processes or other users. 23.60.02 Exemptions from Shoreline Substantial Development Permit Process 23.60.02.1 Application and Interpretation A. An exemption from the substantial development permit process is not an exemption from compliance with the Act or this Program, or from any other regulatory requirements. To be. authorized, all uses and developments must be consistent with the policies and regulatory provisions of this Program and the Act. A statement of exemption shall be obtained for exempt activities consistent with the provisions of SNIP 23.60.02. B. Exemptions shall be construed narrowly. Only those developments that meet the precise terms of one or more of the listed exemptions may be granted exemptions from the substantial development permit process. 40 463 CHAPTER 6 - SHORELINE PERMITS AND EXEMPTIONS C. The burden of proof that a development or use is exempt is on the applicant/proponent of the exempt development action. D. If any part of a proposed development is not eligible for exemption, then a substantial development permit is required for the entire project. E. A development or use that is listed as a conditional use pursuant to this Program or is an unlisted use, must obtain a conditional use permit even if the development or use does not require a substantial development permit. F. When a development or use is proposed that does not comply with the bulk, dimensional and/or performance standards of the Program, such development or use shall only be authorized by approval of a shoreline variance even if the development or use does not require a substantial development permit. G. All permits or statements of exemption issued for development or use within shoreline jurisdiction shall include written findings prepared by the Administrator, including compliance with bulk and dimensional standards and policies and regulations of this Program. The Administrator may attach conditions to the approval of exempt developments and/or uses as necessary to assure consistency of the project with the Act and the Program. 23.60.02.2 Exemptions Listed The following activities shall be considered exempt from the requirement to obtain a shoreline substantial development permit. A statement of exemption, as provided for in SMP 23.60.02.3 of this Program shall be required for those activities listed in SMP 23.60.02.3.E and C. A. Any development of which the total cost or fair market value, whichever is higher, does not exceed five thousand seven hundred eighteen dollars ($5,718), or as amended by the state office of financial management, if such development does not materially interfere with the normal public use of the water or shorelines of the state. For the purposes of determining whether or not a permit is required, the total cost or fair market value shall be based on the value of development that is occurring on shorelines of the state as defined in RCW 90.58.030(2)(c). The total cost or fair market value of the development shall include the fair market value of any donated, contributed or found labor, equipment or materials. B. Normal maintenance or repair of existing structures or developments, including damage by accident, fire or elements. Normal maintenance includes those usual acts to prevent a decline, lapse or cessation from a lawfully established condition. Normal repair means to restore a development to a state comparable to its original condition within a reasonable period after decay or partial destruction except where repair causes substantial adverse effects to the shoreline resource or environment. Replacement of a structure or development may be authorized as repair where such replacement is the common method of repair for the type of structure or development and the replacement structure or development is comparable to the original structure or development including but not limited to its size, shape, configuration, location and external appearance and the replacement does not cause substantial adverse effects. to shoreline resources or the environment. 41 M WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM C. Construction of the normal protective bulkhead common to single family residences. A normal protective bulkhead includes those structural and nonstructural developments installed at or near, and parallel to, the ordinary high water mark for the sole purpose of protecting an existing single family residence and appurtenant structures from loss or damage by erosion. A normal protective bulkhead is not exempt if constructed for the purpose of creating dry land. When a vertical or near vertical wall is being constructed or reconstructed, not more than one (1) cubic yard of fill per one (1) foot of wall may be used for backfill. When an existing bulkhead is being repaired by construction of a vertical wall fronting the existing wall, it shall be constructed no further waterward of the existing bulkhead than is necessary for construction of new footings. When a bulkhead has deteriorated such that an ordinary high water mark has been established by the presence and action of water landward of the bulkhead then the replacement bulkhead must be located at or near the actual ordinary high water mark. Beach nourishment and bioengineered erosion control projects may be considered a normal protective bulkhead when any structural elements are consistent with the above requirements and when the project has been approved by the Washington Department of Fish and Wildlife. D. Emergency construction necessary to protect property from damage by the elements. An emergency is an unanticipated and imminent threat to public health, safety or the environment that requires immediate action within a time too short to allow full compliance with this Program. Emergency construction does not include development of new permanent protective structures where none previously existed. Where new protective structures are deemed by the Administrator to be the appropriate means to address the emergency situation, upon abatement of the emergency situation the new structure shall be removed or any permit that would have been required, absent an emergency, pursuant to RCW 90.58, WAC 173-27 or this Program, shall be obtained. All emergency construction shall be consistent with the policies of RCW 90.58 and this Program. As a general matter, flooding or other seasonal events that can be anticipated and may occur but that are not imminent are not an emergency. E. Construction and practices normal or necessary for farming, irrigation, and ranching activities, including agricultural service roads and utilities, construction of a barn or similar agricultural structure, and the construction and maintenance of irrigation structures including, but not limited to, head gates, pumping facilities, and irrigation channels; provided, that this exemption shall not apply to agricultural activities proposed on land not in agricultural use on December 17, 2003, and further provided that a feedlot of any size, all processing plants, other activities of a commercial nature, alteration of the contour of the shorelands by leveling or filling other than that which results from normal cultivation, shall not be considered normal or necessary farming or ranching activities. A feedlot shall be an enclosure or facility used or capable of being used for feeding livestock hay, grain, silage, or other livestock feed, but shall not include land for growing crops or vegetation for livestock feeding and/or grazing, nor shall it include normal livestock wintering operations. F. Construction or modification, by or under the authority of the Coast Guard or a designated port management authority, of navigational aids such as channel markers and anchor buoys. G. Construction on shorelands by an owner, lessee, or contract purchaser of a single family residence for their own use or for the use of their family, which residence does not exceed a height of 35 feet above average grade level and that meets all requirements of the State agency or local government having jurisdiction thereof. Single family residence 42 465 CHAPTER 6 - SHORELINE PERMITS AND EXEMPTIONS means a detached dwelling designed for and occupied by one (1) family including those structures and developments within a contiguous ownership which are a normal appurtenance as defined in SMP 23.110.A. H. Construction of a dock, including a shared moorage, designed for pleasure craft only, for the private non-commercial use of the owners, lessee, or contract purchaser of a single family or multifamily residences. A dock is a landing and moorage facility for watercraft and does not include recreational decks, storage facilities or other appurtenances. The private dock exemption applies if either: In saltwater, the fair market value of the dock does not exceed two thousand -five hundred dollars ($2,500); 2. In fresh waters the fair market value of the dock does not exceed ten thousand dollars ($10,000), but if subsequent construction having a fair market value exceeding two thousand -five hundred dollars ($2,500) occurs within five (5) years of the completion of the prior construction, the subsequent construction shall be considered a substantial development for the purpose of this Program. For the purpose of this section saltwater shall include the tidally influenced marine and estuarine water areas of the state including the Strait of Georgia, local marine waters and all associated bays, inlets and estuaries. Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities that now exist or are hereafter created or developed as a part of an irrigation system for the primary purpose of making use of system waters including return flow and artificially stored ground water for the irrigation of lands, provided that this exemption shall not apply to construction of new irrigation facilities proposed after December 17, 2003. The marking of property lines or corners on state owned lands, when such marking does not significantly interfere with normal public use of the surface of the water. K. Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on June 4, 1975 that were created, developed or utilized, primarily as a part of an agricultural drainage or diking system. Any project with a certification from the governor pursuant to RCW 80.50. M. Site exploration and investigation activities that are prerequisite to preparation of a development application for authorization under this Program, if: 1. The activity does not interfere with the normal public use of surface waters; 2. The activity will have no significant adverse impact on the environment including but not limited to fish, wildlife, fish or wildlife habitat, water quality and aesthetic values; 3. The activity does not involve the installation of any structure and, upon completion of the activity, the vegetation and land configuration of the site are restored to conditions existing before the activity; 43 M WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM 4. A private entity seeking development authorization under this section first posts a performance bond or provides other evidence of financial responsibility to the Administrator to ensure that the site is restored to preexisting conditions; and 5. The activity is not subject to the permit requirements of RCW 90.58.550. N. The process of removing or controlling aquatic noxious weeds, as defined in RCW 17.26.020, through the use of an herbicide or other treatment methods applicable to weed control that is recommended by a final environmental impact statement published by the Department of Agriculture or the Department of Ecology jointly with other state agencies under RCW 43.21 C. O. Watershed restoration projects as defined in Chapter 11 and by RCW 89.08.460. The Administrator shall review the projects for consistency with the Program in an expeditious manner and shall issue its decision along with any conditions within forty-five (45) days of receiving a complete application form from the applicant/proponent. No fee may be charged for accepting and processing applications for watershed restoration projects as defined in Chapter 11. P. A public or private project, the primary purpose of which is to improve fish or wildlife habitat or fish passage, when all of the following apply: The project has been approved in writing by the Department of Fish and Wildlife as necessary for the improvement of the habitat or passage and appropriately designed and sited to accomplish the intended purpose; 2. The project received hydraulic project approval by the Department of Fish and Wildlife pursuant to RCW 77.55; and 3. The Administrator has determined that the project is consistent with this Program. The Administrator shall make such determination in a timely manner and provide it by letter to the project proponent. 23.60.02.3 Statements of Exemption A. The Administrator is hereby authorized to grant or deny requests for statements of exemption from the shoreline substantial development permit requirement for uses and developments within shorelines that are specifically listed in SMP 23.60.02.2. Such statements shall be applied for on forms provided by the Administrator. The statement shall be in writing and shall indicate the specific exemption of this Program that is being applied to the development, and shall provide a summary of the Administrator's analysis of the consistency of the project with this Program and the Act. As appropriate, such statements of exemption shall contain conditions and/or mitigating measures of approval to achieve consistency and compliance with the provisions of the Program and Act. A denial of an exemption shall be in writing and shall identify the reason(s) for the denial. The Administrator's actions on the issuance of a statement of exemption or a denial are subject to appeal pursuant to SMP 23.60.15. B. Exempt activities related to any of the following shall not be conducted until a statement of exemption has been obtained from the Administrator: dredging, flood control works and instream structures, development within an archaeological or historic site, clearing and ground disturbing activities such as landfill or excavation, dock, shore stabilization, 44 467 CHAPTER 6 — SHORELINE PERMITS AND EXEMPTIONS free-standing signs, or any development within an Aquatic or Natural shoreline designation; provided that no separate written statement of exemption is required for the construction of a single family residence when a County building permit application has been reviewed and approved by the Administrator; provided further, that no statement of exemption is required for emergency development pursuant to WAC 173-27-040(2)(d). C. No statement of exemption shall be required for other uses or developments exempt pursuant to SMP 23.60.02.2 unless the Administrator has cause to believe a substantial question exists as to qualifications of the specific use or development for the exemption or the Administrator determines there is a likelihood of adverse impacts to shoreline ecological functions. D. Whether or not a written statement of exemption is issued, all permits issued within the area of shorelines shall include a record of review actions prepared by the Administrator, including compliance with bulk and dimensional standards and policies and regulations of this Program. The Administrator may attach conditions to the approval of exempted developments and/or uses as necessary to assure consistency of the project with the Act and this Program. E. A notice of decision for shoreline statements of exemption shall be provided to the applicant/proponent and any party of record. Such notices shall also be filed with the Department of Ecology, pursuant to the requirements of WAC 173-27-050 when the project is subject to one or more of the following Federal Permitting requirements: A U.S. Army Corps of Engineers section 10 permit under the Rivers and Harbors Act of 1899; (The provisions of section 10 of the Rivers and Harbors Act generally apply to any project occurring on or over navigable waters. Specific applicability information should be obtained from the Corps of Engineers.); or 2. A section 404 permit under the Federal Water Pollution Control Act of 1972. (The provisions of section 404 of the Federal Water Pollution Control Act generally apply to any project that may involve discharge of dredge or fill material to any water or wetland area. Specific applicability information should be obtained from the Corps of Engineers.) F. Whenever the exempt activity also requires a U.S. Army Corps of Engineers Section 10 permit under the Rivers and Harbors Act of 1899 or a Section 404 permit under the Federal Water Pollution Control Act of 1972, a copy of the written statement of exemption shall be sent to the applicant/proponent and Ecology pursuant to WAC 173- 27-050. 23.60.03 Variance Permit Criteria A. The purpose of a variance is to grant relief to specific bulk or dimensional requirements set forth in this Program and any associated standards appended to this Program such as critical areas buffer requirements where there are extraordinary or unique circumstances relating to the property such that the strict implementation of this Program would impose unnecessary hardships on the applicant/proponent or thwart the policy set forth in RCW 90.58.020. Use restrictions may not be varied. 45 M: WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM B. Variances will be granted in any circumstance where denial would result in a thwarting of the policy enumerated in RCW 90.58.020. In all instances extraordinary circumstances shall be shown and the public interest shall suffer no substantial detrimental effect. C. Proposals that would otherwise qualify as a reasonable use pursuant to WCC 16.16.270A shall require a shoreline variance and shall meet the variance criteria in this section. D. Variances may be authorized, provided the applicant/proponent can demonstrate all of the following: That the strict application of the bulk or dimensional criteria set forth in this Program precludes or significantly interferes with reasonable permitted use of the property; 2. That the hardship described in SMP 23.60.03.A above is specifically related to the property, and is the result of conditions such as irregular lot. shape, size, or natural features and the application of this Program, and not, for example, from deed restrictions or the applicant's/proponent's own actions; 3. That the design of the project will be compatible with other permitted activities in the area and will not cause adverse effects on adjacent properties or the shoreline environment; 4. That the variance authorized does not constitute a grant of special privilege not enjoyed by the other properties in the area, and will be the minimum necessary to afford relief; 5. That the public interest will suffer no substantial detrimental effect; 6. That the public rights of navigation and use of the shorelines will not be materially interfered with by the granting of the variance; and 7. Mitigation is provided to offset unavoidable adverse impacts caused by the proposed development or use. E. Variance permits for development and/or uses that will be located waterward of the ordinary high water mark (OHWM), as defined herein, or within any wetland as defined herein, may be authorized provided the applicant can demonstrate all of the following: That the strict application of the bulk, dimensional or performance standards set forth in this Program precludes all reasonable use of the property; and 2. That the proposal is consistent with the criteria established under SMP 23.60.03.D.1 through 7 of this section; and 3. That the public rights of navigation and use of the shorelines will not be adversely affected. F. Other factors that may be considered in the review of variance requests include the conservation of valuable natural resources and the protection of views from nearby roads, surrounding properties and public areas; provided, the criteria of SMP 23.60.03.D 46 W CHAPTER 6 - SHORELINE PERMITS AND EXEMPTIONS are first met. In addition, variance requests based on the applicant's/proponent's desire to enhance the view from the subject development may be granted where there are no likely detrimental effects to existing or future users, other features or shoreline ecological functions and/or processes, and where reasonable alternatives of equal or greater consistency with this Program are not available. In platted residential areas, variances shall not be granted that allow a greater height or lesser shore setback than what is typical for the immediate block or area. G. In the granting of all variances, consideration shall be given to the cumulative environmental impact of additional requests for like actions in the area. For example, if variances were granted to other developments in the area where similar circumstances exist, the total of the variances should also remain consistent with the policy of RCW 90.58.020 and should not produce significant adverse effects to the shoreline ecological functions and processes or other users. H. Permits and/or variances applied for or approved under other county codes such as WCC Title 20 or WCC Title 21 shall not be construed as shoreline permits under this Program. 23.60.04 Conditional Use Permit Criteria A. The purpose of a conditional use permit is to allow greater flexibility in administering the use regulations of this Program in a manner consistent with the policy of RCW 90.58.020. In authorizing a conditional use, special conditions may be attached to the permit by the County or the Department of Ecology to control any undesirable effects of the proposed use. B. Uses specifically classified or set forth in this Program as conditional uses and unlisted uses may be authorized provided the applicant/proponent can demonstrate all of the following: That the proposed use will be consistent with the policy of RCW 90.58.020 and this Program. 2. That the proposed use will not interfere with normal public use of public shorelines. 3. That the proposed use of the site and design of the project will be compatible with other permitted uses within the area. 4. That the proposed use will not cause adverse effects to the shoreline environment in which it is to be located. 5. That the public interest suffers no substantial detrimental effect. C. Other uses not specifically classified or set forth in this Program, including the expansion or resumption of a non -conforming use pursuant to SMP 23.50.07, may be authorized as conditional uses provided the applicant/proponent can demonstrate that the proposal will satisfy the criteria set forth in SMP 23.60.04.8 above, and that the use clearly requires a specific site location on the shoreline not provided for under the Program, and extraordinary circumstances preclude reasonable use of the property in a manner 47 470 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM. consistent with the use regulations of this Program. Uses that are prohibited cannot be authorized by a conditional use permit. D. In the granting of all conditional use permits, consideration shall be given to the cumulative environmental impact of additional requests for like actions in the area. For example, if conditional use permits were granted for other developments in the area where similar circumstances exist, the sum of the conditional uses and their impacts should also remain consistent with the policy of RCW 90.58.020 and should not produce a significant adverse effect to the shoreline ecological functions and processes or other users. E. Permits and/or variances applied for or approved under County zoning or subdivision code requirements shall not be construed as shoreline variances under this Program. 23.60.05 Minimum Application Requirements A. Where other approvals or permits are required for a use or development that does not require an open record hearing, such approvals or permits shall not be granted until a shoreline approval or permit is granted. All shoreline approvals and permits shall include written findings prepared by the Administrator documenting compliance with bulk and dimensional standards and other policies and regulations of this Program. B. A complete application for a substantial development, conditional use, or variance permit shall contain, at a minimum, the following information; provided that the Administrator may vary or waive these requirements according to administrative application requirements and may vary or waive these requirements on a case -by -case basis. The Administrator may require additional specific information depending on the nature of the proposal and the presence of sensitive ecological features or issues related to compliance with other county requirements. Applicant/Proponent Information The name, address and phone number of the applicant/proponent, applicant's representative, and/or property owner if different from the applicant/proponent. The applicant/proponent should be the owner of the property or the primary proponent of the project and not the representative of the owner or primary proponent. 2. Property Information a. The property .address and identification of the section, township and range to the nearest quarter, quarter section or latitude and longitude to the nearest minute. All applications for projects located in open water areas away from land shall provide a longitude and latitude location. b. Identification of the name of the shoreline (water body) that the site of the proposal is associated with. C. A general description of the property as it now exists including its use, physical and ecological characteristics, improvements and structures. 48 471 CHAPTER 6 - SHORELINE PERMITS AND EXEMPTIONS d. A general description of the vicinity of the proposed project including identification of the adjacent uses, structures and improvements, intensity of development and physical characteristics. e. A vicinity map showing the relationship of the property and proposed development or use to roads, utilities, existing developments and uses on adjacent properties. 3. A site plan identifying existing conditions consisting of photographs, text, maps and elevation drawings, drawn to an appropriate scale to clearly depict all required information, that shall include: a. The boundary of the parcel(s) of land upon which the development is proposed. A survey may be required where substantial questions exist regarding the location of property lines or other important features. The ordinary high water mark of all water bodies within, located on or adjacent to the project boundary. For any development where a determination of consistency with the applicable regulations requires a precise location of the ordinary high water mark, the applicant/proponent shall provide a survey and describe the biological and hydrological basis for the location as indicated on the plan. Where the ordinary high water mark is neither adjacent to or within the boundary of the project, the plan shall indicate the distance and direction to the nearest ordinary high water mark of a shoreline. C. Existing land contours at intervals sufficient to accurately determine the existing character of the property. Areas within the boundary that will not be altered by the development may be indicated as such and contours approximated for that area. d. Existing critical areas as designated in WCC 16.16 together with any supporting information consistent with the reporting requirements of WCC 16.16. e. A description of the character of vegetation found on the site, including dominant plant species, vegetation structure, presence of invasive species and related information. A vegetation survey of plant communities may be required. f. A description of the existing conditions including the ecological functions and processes affecting, maintaining, or influencing the shoreline. g. The dimensions and locations of all existing structures and improvements including, but not limited to; buildings, paved or graveled areas, roads, utilities, septic tanks and drainfields, and stormwater management facilities. 4. A site plan and supporting information describing the features of the proposed development: 49 472 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM a. The dimensions and locations of all proposed structures and improvements including but not limited to; buildings, paved or graveled areas, roads, utilities, septic tanks and drainfields, material stockpiles or surcharge, and stormwater management facilities. b. Proposed land contours overlain on existing contours. The contours shall be at intervals sufficient to accurately determine the extent of proposed change to the land that is necessary for the development. Areas within the boundary that will not be altered by the development may be indicated as such and contours approximated for that area. C. Where applicable, a landscaping plan for the project. d. Quantity, source and composition of any fill material that is placed on the site whether temporary or permanent. e. Quantity, composition and destination of any excavated or dredged material. f. A vicinity map showing the relationship of the property and proposed development or use to roads, utilities, existing developments and uses on adjacent properties. g. Where applicable, a depiction of the impacts to views from existing residential uses and public areas. h. A summary characterization of the effects of the project on existing ecological functions and processes in the vicinity of the project. If the project is likely to have adverse effects on shoreline ecological functions or processes, a mitigation plan shall be provided demonstrating measures t that will be taken to offset impacts in accordance with the policies in SMP 23.90.03. Where applicable, critical area mitigation plans in accordance with WCC 16.16.260. On all variance applications the plans shall clearly indicate where development could occur without approval of a variance, the physical features and circumstances on the property that provide a basis for the request, and the location of adjacent structures and uses. 5. Shoreline permits shall be applied for on forms provided by the county. 6. Operation and maintenance plan(s) as required pursuant to other applicable sections of this Program. 23.60.06 Pre -application Conference A. Prior to filing a permit application for a shoreline substantial development permit, variance or conditional use permit decision, the applicant shall contact the county to schedule a pre- 50 473 CHAPTER 6 — SHORELINE PERMITS AND EXEMPTIONS application conference which shall be held prior to filing the application, provided that such meetings shall not be required for development activities associated with shoreline restoration projects, agriculture, commercial forestry, or the construction of a single family residence. B. The purpose of the pre -application conference is to review and discuss the application requirements with the prospective applicant and provide initial comments on the development proposal. The pre -application conference shall be scheduled by the county, at the request of an applicant, and shall be held in a timely manner, within thirty (30) days from the date of the applicant's request. A project coordinator shall be assigned by the county following the pre -application conference. C. The Administrator may waive the requirement for a pre -application conference if it is determined to be unnecessary for review of an application. Nothing in this section shall be interpreted to require more than one pre -application conference or to prohibit the applicant from filing an application if the county is unable to schedule a pre -application conference within thirty (30) days following the applicant's request. D. Information presented at or required as a result of the pre -application conference shall be valid for a period of one -hundred -eighty (180) days following the pre -application conference. An applicant wishing to submit a permit application more than one -hundred - eighty (180) days following a pre -application for the same permit application shall be required to schedule another pre -application conference. E. At or subsequent to a pre -application conference, the county may issue a preliminary determination that a proposed development is not permissible under applicable county policies or regulatory enactments. In that event, the applicant shall have the option to appeal the preliminary determination to the hearing examiner as provided for in SMP 23.60.15 as an alternative to proceeding with a complete application. 23.60.07 Fees A. Required fees for all shoreline substantial development permits, shoreline conditional use permits, shoreline variances, statements of exemption, appeals, pre -application conferences and other required reviews and/or approvals shall be paid to the County at the time of application in accordance with the Whatcom County Unified Fee Schedule in effect at that time. B. When any given project requires more than one of the following permits or applications, the total amount of shoreline fees shall be reduced by twenty-five percent (25%): 1. Preliminary plat application 2. Rezone application 3. Major development permit 4. Planned unit development 5. Binding site plan C. When any project requires a shoreline conditional use permit or shoreline variance in addition to a shoreline substantial development permit, the fees for the conditional use or variance shall be reduced by half. 51 474 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM D. In the event that actions of an applicant result in the repetition of the review, inspections and other steps in the approval process, those items or steps repeated shall be charged to and paid by the applicant prior to any further processing of the application by the County. The cost shall be in accordance with the adopted fee schedule. E. If an application is withdrawn within thirty (30) days of submittal, and no work has commenced at the site of the proposal for which the application was made, a refund of not more than fifty percent (50%) of the shoreline fees paid may be granted by the Administrator. This amount may be reduced where staff time, public notice and other costs exceed fifty percent (50%) of the fees paid. F. No fees shall be collected from an agency of Whatcom County government. 23.60.08 Notice of Application A. Upon receipt of a completed shoreline substantial development permit, shoreline variance, or shoreline conditional use permit application, the County shall issue a Notice of Application for a Proposed Land Use Action in the manner set forth in WCC 2.33.060 (Permit Review Procedures) notwithstanding the requirement for an open record public hearing, and to notify the applicant/proponent of his/her notice responsibility under that section. B. The public comment period for a shoreline substantial development permit, shoreline variance, or shoreline conditional use permit shall be thirty (30) days following the date of notice of application. Public comments may be submitted at any time prior to the closing of the record of an open record predecision hearing or, if no open record public hearing is required, prior to the decision on the project permit. C. The public hearing shall not be closed to the receipt of written comments prior to thirty (30) days following the date of the notice. D. Application for any approval or permit not requiring a shoreline substantial development permit, shoreline variance, or shoreline conditional use permit shall be governed by the applicable notice requirement for that permit and shall not be subject to additional notice by this section. Any public comments submitted pursuant to applications for other approvals or permits shall be considered in review of compliance with standards, policies and regulations of this Program. E. The rights of treaty tribes to resources within their usual and accustomed areas shall be accommodated through the notification and comment provisions of the permit review process. Tribal treaty rights may be addressed through specific permit conditions. Direct coordination between tribes and the applicant/proponent is encouraged. 23.60.09 Permit Application Review A. All shoreline permit applications, exemptions, or other approvals shall be subject to the provisions of this Program that are in effect at the time of application. B. - To facilitate review of an application the decision maker shall consider any or all of the following: 1. The application and attached information; 52 475 CHAPTER 6 — SHORELINE PERMITS AND EXEMPTIONS 2. The SEPA checklist, threshold determination, Environmental Impact Statement, or other environmental studies and/or documentation; 3. Written comments from interested persons; 4. Information and recommendations from any public agency and from the Administrator in cases where the Administrator is not the decision maker; 5. Information or comment presented at a public hearing, if held, on the application; and 6. The policy and provisions of the Act and this Program including the criteria enumerated in SMP 23.60.01, .03 and .04, as applicable. C. In compliance with the provisions of WCC 2.33 the decision maker shall be responsible to process permit applications for shoreline substantial development permits, shoreline variance and shoreline conditional use permits, in a timely manner. D. Shoreline statements of exemption shall be processed in accordance with the provisions of SNIP 23.60.02.3.A. E. Any application for a shoreline permit or approval that remains inactive for a period of one -hundred -eighty (180) days shall expire and a new application and repayment of fees shall be required to reactivate the proposal; provided that, the Administrator may grant a single ninety (90) day extension for good cause. Delays such as those caused by public notice requirements, State Environmental Policy Act review, litigation directly related to the proposal, or changes in government regulations shall not be considered as part of the inactive period. F. If a shoreline permit is denied, no reapplication for the same or essentially similar development may be made until one (1) year from the date of denial. 23.60.10 Consolidated Permit Review A. Whenever an application for a permit under the Program requires a permit or approval under another county permit authority, such as zoning or subdivision, the shoreline permit application, time requirements and notice provisions for processing the shoreline permit shall apply, in addition to those of other regulatory programs. B. The provisions of WCC 2.33 shall apply to the consolidated application, review and approval of applications that require an open record hearing. Any shoreline use or development that is subject to other approvals or permits that requires an open record hearing under another permit authority, such as zoning or subdivision, shall be subject to consolidated review and the decision maker designated for the open record hearing shall be the decision maker for the consolidated review. 23.60.11 State Environmental Policy Act (SEPA) Compliance A. Whenever an application for shoreline substantial development permit, shoreline variance, shoreline conditional use permit, or statement of exemption is subject to the 53 476 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM rules and regulations of SEPA (RCW 43.21C), the review requirements of SEPA, including time limitations, shall apply, where applicable. B. Applications for shoreline permit(s) or approval(s) that are not categorically exempt under SEPA shall be subject to environmental review by the responsible official of Whatcom County pursuant to the State Environmental Policy Act (WAC 197-11). C. As part of SEPA review, the responsible official may require additional information regarding the proposed development in accordance with WAC 197-11. D. Failure of the applicant/proponent to submit sufficient information for a threshold determination to be made shall be grounds for the responsible official to determine the application incomplete. 23.60.12 Burden of Proof Permit applicants/proponents have the burden of proving that the proposed development is consistent with the criteria set forth in the Act and this Program. 23.60.13 Public Hearings A. The Administrator shall determine whether an application requires a public hearing pursuant to the criteria below no later than fifteen (15) days after the minimum public comment period provided by SNIP 23.60.08. An open record public hearing shall be required for all of the following: 1. The proposal has a cost or market value in excess of one -hundred -thousand dollars ($100,000) except for single family residences, agriculture, commercial forestry and ecological restoration projects; or 2. The proposal would result in development of an area larger than 5 acres; or 3. The proposal is a new or expanded marina, pier, aquaculture structure, any building over 35 feet high, mine, dam, stream diversion, landfill; or 4. The Administrator has reason to believe the proposal would be controversial based on public response to the Notice of Receipt of Application and other information; or 5. The proposal is determined to have a significant adverse impact on the environment and an Environmental Impact Statement is required in accordance with the State Environmental Policy Act; or 6. The proposal requires a variance and/or conditional use approval pursuant to this Program; or 7. The use or development requires an open record public hearing for other Whatcom County approvals or permits. B. An open record public hearing on shoreline permit applications shall be held in accordance with the provisions of WCC 2.33, unless a continuance is granted pursuant 54 477 CHAPTER 6 -,SHORELINE PERMITS AND EXEMPTIONS to the rules and procedures of the Hearing Examiner or other hearing body and subject to time requirements for compliance with the State Environmental Policy Act. C. Decisions and recommended decisions of the Hearing Examiner shall be rendered within ten (10) working days of the date the public hearing record is closed unless the applicant/proponent agrees to an extension of time. D. Where the County Council is the permit decision maker they shall meet to consider the Hearing Examiner's recommendation within twenty-one (21) days of receipt thereof, at a closed record proceeding, at which time it may approve or disapprove the application, or remand the matter to the Hearing Examiner with instructions. E. Public hearing requirements for permit appeals shall be processed according to SMP 23.60.15. 23.60.14 Permit Conditions In granting, revising, or extending a shoreline permit, the decision maker may attach such conditions, modifications, or restrictions thereto regarding the location, character, and other elements of the proposed development deemed necessary to assure that the development will be consistent with the policy and provisions of the Act and this Program as well as the supplemental authority provided in RCW 43.21C as applicable. In cases involving unusual circumstances or uncertain effects, a condition may be imposed to require monitoring with future review or re-evaluation to assure conformance with the Act and this Program. If the monitoring plan is not implemented, the permittee may be found to be noncompliant and the permit may be rescinded in accordance with SMP 23.60.18. 23.60.15 Notice of Decision, Reconsideration and Appeal A. A notice of decision for action on a shoreline substantial development permit, shoreline variance, or shoreline conditional use permit shall be provided to the applicant/proponent and any party of record in accordance with the review procedures of WCC 2.33 and at least ten (10) days prior to filing such decisions with the Department of Ecology pursuant to WAC 173-27-130. Decisions filed with the Department of Ecology shall contain the following information: A copy of the complete application; 2. Findings and conclusions that establish the basis for the decision including but not limited to identification of shoreline environment designation(s), applicable Program policies and regulations and the consistency of the project with appropriate review criteria for the type of permit(s); 3. -rhe final decision of the local government; 4. A completed permit data sheet (see Appendix A); and 5. Where applicable, local government shall also file the applicable documents required by SEPA, or in lieu thereof, a statement summarizing the actions and dates of such actions taken under RCW 43.21C. 55 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM 6. When the project has been modified in the course of the local review process, plans or text shall be provided that clearly indicate the final approved plan. B. Notice of decision for shoreline statements of exemption shall comply with SMP 23.60.02.3.E. C. This Program shall only establish standing for parties of record for shoreline substantial development permits, shoreline variances, or shoreline conditional use permits. Standing as a party of record is not established by this Program for exempt actions pursuant to SMP 23.60.02.2; provided that, in such cases standing may be established through an associated permit process that provides for public notice and provisions for parties of record. D. The applicant/proponent or any party of record may request reconsideration of any final action by the decision maker within ten (10) days of notice of the decision. Such requests shall be filed on forms supplied by the county. Grounds for reconsideration must be based upon the content of the written decision. The decision maker is not required to provide a written response or modify his/her original decision. He/she may initiate such action as he/she deems appropriate. The procedure of reconsideration shall not pre-empt or extend the appeal period for a permit or affect the date of filing with the Department of Ecology, unless the applicant/proponent requests the abeyance of said permit appeal period in writing within ten (10) days of a final action. E. Appeals to the Shoreline Hearings Board of a decision on a shoreline substantial development permit, shoreline variance or shoreline conditional use permit may be filed by the applicant/proponent or any aggrieved party pursuant to RCW 90.58.180 within twenty-one (21) days of filing the final decision by Whatcom County with the Department of Ecology. F. Whatcom County shall consider an appeal of a decision on a shoreline substantial development permit, shoreline variance or shoreline conditional use only when the applicant/proponent waives his/her right to a single appeal to the Shoreline Hearings Board. Such waivers shall be filed with the county in writing concurrent with a notice of appeal within ten (10) days of a final action. When an applicant/proponent has waived his/her right to a single appeal, such appeals shall be processed in accordance with the appeal procedures of SMP 23.60.15.H and shall be an open record hearing before the Hearing Examiner. G. Any order, requirement or administrative permit decision, or determination by the Administrator based on a provision of this Program, except a shoreline substantial development permit, may be the subject of an appeal to the office of the Hearing Examiner by any aggrieved person. Such appeals shall be processed in accordance with the appeal procedures of SMP 23.60.15.H and shall be an open record hearing before the Hearing Examiner. H. Appeal procedures: Appeals shall be filed on forms supplied by the county within ten (10) calendar days of the issuance of a substantial development permit, shoreline variance or 56 479 CHAPTER 6 - SHORELINE PERMITS AND EXEMPTIONS shoreline conditional use permit and within twenty (20) calendar days of any other action of the Administrator being appealed. A public hearing on the appeal shall be held within forty-five (45) working days following receipt of the application for appeal. Legal notice of the public hearing shall be made by mailing notice of time, date, and location of the hearing to the appellant, any parties or record, the Washington Department of Ecology, and the Administrator at least fifteen (15) days prior to the hearing. 4. A decision by the Hearing Examiner shall be mailed within ten (10) working days of the public hearing to all parties of record unless otherwise mutually agreed to by all parties to the appeal. Any party of record may request a closed record review of the Hearing Examiners decision issued under SMP 23.60.15.H.4 by the County Council. Such an appeal shall be filed with the County Council on forms supplied by the county within ten (10) calendar days of the written decision. If appeal is made to the County Council, notice of appeal shall be provided to all parties of record at least fifteen (15) days prior to consideration by the County Council. The Council shall meet to review the Hearing Examiner's decision within twenty-one (21) days of transmittal thereof, at which time it may approve or disapprove the application, or remand the matter to the Hearing Examiner. 6. The time period for appeal to the Shoreline Hearings Board shall begin after the decision maker has filed the final County decision with the Department of Ecology. 23.60.16 Initiation of Development A. Development pursuant to a shoreline substantial development permit, shoreline variance, or conditional use permit shall not begin and shall not be authorized until twenty-one (21) days after the "date of filing" or until all review proceedings before the Shoreline Hearings Board have terminated. B. Date of filing: "Date of filing" of a substantial development permit is the date of actual receipt of the decision by the Department of Ecology. 2. The "date of filing" for a shoreline variance or shoreline conditional use permit shall mean the date the permit decision rendered by the Department of Ecology is transmitted by the department to the County and the applicant/proponent. 23.60.17 Revisions A. A revision is required whenever the applicant/proponent proposes substantive changes to the design, terms or conditions of a project from that which is approved in the permit and/or statement of exemption. Changes are substantive if they materially alter the IM 57 M WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM project in a manner that relates to its conformance to the terms and conditions of the permit, this Program or the Act. Changes that are not substantive in effect do not require a revision. B. An application for a revision to a shoreline permit shall be submitted to the Administrator. The application shall include detailed plans and text describing the proposed changes. The County decision maker that approved the original permit may approve the request upon a finding that the proposed changes are within the scope and intent of the original approval, and are consistent with this Program and the Act. C. "Within the scope and intent of the original approval' means all of the following: No additional over -water construction is involved except that a pier, dock or floating structure may be increased by ten percent (10%) over that approved under the original approval; Ground area coverage and/or height may be increased a maximum of ten percent (10%) over that approved under the original approval; provided that, the revised approval does not authorize development to exceed the height, impervious surface, setback or any other requirements of this Program except as authorized under a variance granted for the original development; 3. Additional or revised landscaping is consistent with any conditions attached to the original approval and with this Program; 4. The use authorized pursuant to the original approval is not changed; and 5. The revision will not cause adverse environmental impacts beyond those originally authorized in the approval. D. Revisions to shoreline permits and statements of exemption may be authorized after the original authorization has expired. Revisions made after the expiration of the original approval shall be limited to changes that are consistent with this Program and that would not require a permit under this Program. If the proposed change is a substantial development as defined by this Program, then a new permit is required. The provisions of this paragraph shall not be used to extend the time requirements or to authorize substantial development beyond the time limits or scope of the original approval. E. A new permit shall berequired if the proposed revision and any previously approved revisions in combination would constitute development beyond the scope and intent of the original approval as set forth in SMP 23.60.17.C. F. Upon approval of a revision, the decision maker, shall file a copy of the revised site plan and a detailed description of the authorized changes to the original permit with the Department of Ecology together with a final ruling and findings supporting the decision based on the requirements of this section. In addition, the decision maker shall notify parties of record of the action. G. If the proposed revision is to a development for which a shoreline conditional use or variance was issued, the decision maker shall submit the revision to the Department of Ecology for approval with conditions or denial, and shall indicate that the revision is being submitted under the requirements of this paragraph. Under the requirements of 58 CHAPTER 6 - SHORELINE PERMITS AND EXEMPTIONS WAC 173-27-110(6), the department shall render and transmit to the decision maker and the applicant/proponent its final decision within fifteen (15) days of the date of the Department's receipt of the submittal from the decision maker. The decision maker shall notify parties on record of the Department's final decision. Appeals of a decision of the Department shall be filed in accordance with the provisions of WAC 461-08C. 23.60.18 Rescission and Modification A. Any shoreline permit granted pursuant to this Program may be rescinded or modified upon a finding by the Hearing Examiner. that the permittee or his/her successors in interest have not complied with conditions attached thereto. If the results of a monitoring plan show a development to be out of compliance with specific performance standards, such results may be the basis for findings of non-compliance. B. The Administrator shall initiate rescission or modification proceedings by issuing written notice of non-compliance to the permittee or his/her successors and notifying parties of record at the original address provided in application review files. C. The Hearing Examiner shall hold a public hearing no sooner than fifteen (15) days following such issuance of notice, unless the applicant/proponent files notice of intent to comply and the Administrator grants a specific schedule for compliance. If compliance is not achieved, the Administrator shall schedule a public hearing before the Hearing Examiner. Upon considering written and oral testimony taken at the hearing, the Hearing Examiner shall make a decision in accordance with the above procedure for shoreline permits. D. These provisions do not limit the Administrator, the Prosecuting Attorney, the Department of Ecology or the Attorney General from administrative, civil, injunctive, declaratory or other remedies provided by law, or from abatement or other remedies. 23.60.19 Expiration A. The following time requirements shall apply to all substantial development permits and to any development authorized pursuant to a variance, conditional use permit, or statement of exemption: Construction shall be commenced or, where no construction is involved, the use or activity shall be commenced within two (2) years of the effective date of a shoreline permit or exemption or the permit shall expire; provided that, the Hearing Examiner or Administrator, as appropriate, may authorize a single extension for a period of not more than one (1) year based on a showing of good cause if a request for extension has been filed with the Hearing Examiner or Administrator as appropriate before the expiration date of the shoreline permit or exemption, and notice of the proposed extension is given to parties of record and the Department of Ecology. 2. Authorization to conduct development activities shall terminate five (5) years after the effective date of a shoreline permit or exemption, provided that the Hearing Examiner or Administrator, as appropriate, may authorize a single extension for a period of not more than one (1) year based on a showing of good cause, if a request for extension has been filed with the Hearing Examiner or Administrator, as appropriate, before the expiration date of the shoreline permit or exemption 59 SM WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM and notice of the proposed extension is given to parties of record and the Department of Ecology. 3. The effective date of a shoreline permit or exemption shall be the date of last action required on the shoreline permit or exemption and all other government permits and approvals that authorize the development to proceed, including administrative and legal actions on any such permit or approval. The appiicant/proponent shall be responsible for informing the County of the pendency of other permit applications filed with agencies other than the County and of any related administrative and legal actions on any permit or approval. If no notice of the pendency of other permits or approvals is given to the County prior to the date of the last action by the County to grant county permits and approvals necessary to authorize the development to proceed, including administrative and legal actions of the County, and actions under other county development regulations, the date of the last action by the County shall be the effective date. B. Notwithstanding the time limits established in SMP 23.60.19.A.1 and .2, upon a finding of good cause based on the requirements and circumstances of the proposed project and consistent with the policies and provisions of this Program and the Act, the Hearing Examiner or Administrator as appropriate may set different time limits for a particular substantial development permit or exemption as part of the action to approve the permit or exemption. "rhe Hearing Examiner may also set different time limits on specific conditional use permits or variances with the approval of the Department of Ecology. The different time limits may be longer or shorter than those established in SMP 23.60.19.A.1 and .2 but shall be appropriate to the shoreline development or use under review. "Good cause based on the requirements and circumstances of the proposed project" shall mean that the time limits established for the project are reasonably related to the time actually necessary to perform the development on the ground and complete the project that is being permitted, and/or are necessary for the protection of shoreline resources. C. When permit approval includes conditions, such conditions shall be satisfied prior to occupancy or use of a structure or prior to the commencement of a nonstructural activity, provided that different time limits for compliance may be specified in the conditions of approval as appropriate. D. The Hearing Examiner or Administrator as appropriate shall notify the Department of Ecology in writing of any change to the effective date of a permit, authorized by SMP 23.60.19.A through C, with an explanation of the basis for approval of the change. Any change to the time limits of a permit other than those authorized by the sections of this Program previously listed shall require a new permit application. M WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM Chapter 7 Administration 23.70.01 Administrator A. The Administrator, as defined in SNIP 23.110.A, is hereby vested with the authority to: Overall administrative responsibility for this Program. 2. Determine if a public hearing should be held on a shoreline permit application by the Hearing Examiner pursuant to SMP 23.60.13. 3. Grant or deny statements of exemption. 4. Authorize, approve or deny shoreline substantial development permits, except for those for which the Hearing Examiner or County Council is the designated decision maker. Issue a stop work order pursuant to the procedure set forth in WAC 173-27-270 upon a person undertaking an activity on shorelines in violation of RCW 90.58 or this Program; and seek remedies for alleged violations of this Program's regulations, or of the provisions of the Act, or of conditions attached to a shoreline permit issued by Whatcom County. 6. Decide whether or not a proposal is subject to the consolidated review process of WCC 2.33 and determine what other permits are required to be included in the consolidated review. Make field inspections as needed, and prepare or require reports on shoreline permit applications. 8. Make written recommendations to the County Council or Hearing Examiner as appropriate and insofar as possible, assure that all relevant information, testimony, and questions regarding a specific matter are made available during their respective reviews of such matter. Propose amendments to the Planning Commission deemed necessary to more effectively or equitably achieve the purposes and goals of this Program. 10. The Administrator shall perform the following administrative responsibilities: a. Advise interested persons and prospective applicants/proponents as to the administrative procedures and related components of this Program; b. Collect fees as provided for in SMP 23.60.07 of this Program; and C. Assure that. proper notice is given to interested persons and the public through news media, posting or mailing of notice. 61 . ;. CHAPTER 7 -ADMINISTRATION 11. Review administrative and management policies, regulations, plans and ordinances relative to lands under County jurisdiction that are adjacent to shorelines so as to achieve a use policy on such lands that is consistent with the Act and this Program. 12. Review and evaluate the. records of project review actions in shoreline areas and report on the cumulative effects of authorized development of shoreline conditions. The Administrator shall coordinate such review with the Washington Department of Ecology, the Washington Department of Fish and Wildlife, the Lummi Nation and Nooksack Tribe and other interested parties. 13. Make recommendations to the Planning Commission for open space tax designations pursuant to RCW 84.34. B. The Director of Planning and Development Services shall have the authority to develop administrative guidance materials related to the interpretations of principles and terms in this Program as required to provide for consistent and equitable implementation of this Program. Such administrative guidance documents shall be developed in consultation with the Washington State Department of Ecology to insure that any formal written interpretations are consistent with the purpose and intent of RCW 90.58, the applicable guidelines, and the goals and objectives of this Program. 23.70.02 SEPA Official The Whatcom County SEPA Responsible Official is designated by WCC 16.08.040. The Responsible Official or his/her designee is hereby authorized to conduct environmental review of all use and development activities subject to this Program, pursuant to WAC 197-11 and RCW 43.21 C. 23.70.03 Hearing Examiner The Whatcom County Hearing Examiner is hereby vested with the authority to: A. Grant or deny shoreline permits requiring public hearings. B. Grant or deny variances from this Program. C. Grant or deny conditional uses under this Program. D. For consolidated applications for permits for which the County Council is designated as the decision maker, the Hearing Examiner shall have the authority to hold an open record public hearing and make a recommendation to the County Council on shoreline permits as part of a consolidated review as provided in WCC 2.33. E. Decide on appeals of administrative decisions issued by the Administrator of this Program. 23.70.04 Planning Commission 62 sm WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM The Whatcom County Planning Commission is hereby vested with the responsibility to review the Program from time to time as a major element of the County's planning and regulatory program, and make recommendations for amendments thereof to the County Council. 23.70.05 County Council The Whatcom County Council is hereby vested with authority to: A. Initiate an amendment to this Program according to the procedures prescribed in WAC 173-26-100. B. Adopt all amendments to this Program, after consideration of the recommendation of the Planning Commission and pursuant to the procedural requirements of WCC 2.02, provided that substantive amendments shall become effective immediately upon adoption by the Department of Ecology. C. Make final decisions with regard to shoreline permit, shoreline variance or shoreline conditional use applications that require County Council action on a consolidated review as provided by WCC 2.33. D. Review and decide appeals to Hearing Examiner decisions pursuant to the procedures of SMP 23.60.15. 63 M WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM Chapter 8 Legal Provisions 23.80.01 Amendments A. The County Council or the Planning Commission may initiate an amendment to this Program according to the procedures prescribed in WAC 173-26-100. The Planning Commission shall conduct a public hearing on any amendment proposed by the County Council. B. Any person may petition the County Council or Planning Commission to amend this Program. Petitions shall specify the changes requested and any and all reasons therefore. The County Council or Planning Commission may schedule a public hearing on said petition(s) if it deems the proposed amendment would make this Program more consistent with the Act and/or any applicable Department of Ecology Guidelines, or more equitable in its application to persons or property due to changed conditions in an area. C. After approval or disapproval of a Program amendment by the Department of Ecology as provided in RCW 90.58.090, the County shall publish a notice that the Program amendment has been approved or disapproved by the Department of Ecology. For the purposes of RCW 36.70A.290, the date of publication for the amendment of a Program is the date the County publishes notice that the Program amendment has been approved or disapproved by the Department of Ecology. D. The Administrator shall submit an annual report to the County Council reviewing the effectiveness of the Program in achieving its stated purpose, goals, and objectives. Such report may also include any proposed amendments deemed necessary to increase its effectiveness or equity. If said report contains proposed amendments, the Council may schedule a public hearing to consider such matter in accordance with the procedure described in SMP 23.80.01.A above. Said report shall also include a determination of whether or not the goal of no net loss of shoreline ecological function is being achieved and provide recommendations for achieving and maintaining the goal. E. Upon County Council adoption of a detailed community or subarea plan under the Whatcom County Comprehensive Plan, the Planning and Development Services Department shall prepare amendments, as appropriate, for the purpose of incorporating the goals, objectives, and standards of the community or subarea plan into this Program. The Planning Commission shall schedule a public hearing upon receipt of such proposals, and shall give due consideration to the community objectives so expressed. 23.80.02 Violations and Penalties A. In the event any person violates any of the provisions of this chapter, the County may issue a correction notice to be delivered to the owner or operator, or to be conspicuously posted at the site. In a non -emergency situation, such notice may include notice of the intent to issue a stop work order no less than ten (10) calendar days following the receipt of the correction notice, and provide for an administrative predeprivation hearing within ten (10) calendar days of the notice. In an emergency situation where there is a significant threat to public safety or the environment, the County may issue a stop work order. The stop work order shall include, in writing, the right to request an administrative 64 CHAPTER 8 - LEGAL PROVISIONS predeprivation. hearing within seventy-two (72) hours following receipt of the stop work order. B. In addition to incurring civil liability under SNIP 23.80.03 and RCW 90.58.210, pursuant to RCW 90.58.220 any person found to have willfully engaged in activities on shorelines of the state in violation of the provisions of the Act or of this Program, or other regulations adopted pursuant thereto shall be punished by: A fine of not less than twenty-five dollars ($25) or more than one thousand dollars ($1,000); 2. Imprisonment in the county jail for not more than ninety (90) days; or 3. Both such fine and imprisonment; provided that, the fine for the third and all subsequent violations in any five (5) year period shall not be less than five hundred dollars ($500) nor more than ten thousand dollars ($10,000). Provided further, that fines for violations of RCW 90.58.550, or any rule adopted thereunder, shall be determined under RCW 90.58.560. Each permit violation or each day of continued development without a required permit shall constitute a separate violation. C. The penalty provided in Subsection B shall be assessed and may be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the same. The notice shall include the amount of the penalty imposed and shall describe the violation with reasonable particularity. In appropriate cases, corrective action shall be taken within a specific and reasonable time. D. Within thirty (30) calendar days after the notice is received, the person incurring the penalty may apply in writing to the County for remission or mitigation of such penalty. Upon receipt of the application, the County may remit or mitigate the penalty upon whatever terms the County in its discretion deems proper. The County's final decision on mitigation or revisions may be reviewed by the Hearing Examiner if the aggrieved party files a written appeal therewith of said decision within ten (10) calendar days of its issuance. E. If work activity has occurred on a site in violation of this Program, prompt corrective action, restoration or mitigation of the site will be required when appropriate. If this provision is not complied with, the County may restore or mitigate the site and charge the responsible person for the full cost of such an activity. Additionally, any and all permits or approvals issued by the County may be denied for that site for a period of up to six (6) years. F. The County may suspend or revoke a permit if the applicant violates the conditions or limitations set forth in the permit or exceeds the scope of the work set forth in the permit. G. Any person who willfully violates any court order or regulatory order of injunction issued pursuant to this Program shall be subject to a fine of not more than five thousand dollars ($5,000), imprisonment in the county jail for not more than ninety (90) days, or both. 23.80.03 Remedies 65 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM A. The Whatcom County Prosecuting Attorney or Administrator, where authorized, shall bring such injunctive, declaratory, or other actions as are necessary to insure that no uses are made of the shorelines of the state located within Whatcom County in conflict with the provisions of this Program, the Act, or other regulations adopted pursuant thereto, and to otherwise enforce the provisions of this Program. B. Any person subject to the regulatory provisions of this Program or the Act who violates any provision thereof, or permit, or permit condition issued pursuant thereto shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to violation. The Whatcom County Prosecuting Attorney shall bring suit for damages under this section on their own behalf and on the behalf of all persons similarly situated, If liability has been established for the cost of restoring an area affected by a violation, the court shall make provision to assure that restoration will be accomplished within a reasonable time at the expense of the violator, In addition to such relief, including money damages, the court in its discretion may award attorney's fees and costs of the suit to the prevailing party. C. A person who fails to conform to the terms of a substantial development permit, conditional use permit or variance issued under RCW 90.58.140, who undertakes a development or use on shorelines of the state without first obtaining any required permit or authorization, or who fails to comply with a stop work order may be subject to a civil penalty. The penalty shall be imposed pursuant to the procedure set forth in WAC 173- 27-280 and become due and recovered as set forth in WAC 173-27-290(3) and (4). Persons incurring a penalty may appeal the same to the Shoreline Hearings Board or the County Council pursuant to WAC 173-27-290(1) and (2). D. Any order, requirement or determination by the Administrator pursuant to SNIP 23.80.02 may be appealed in accordance with the provisions of SMP 23.60.15.G and H. 23.80.04 Abatement Structures or development on shorelines considered by the Administrator to present a hazard or other public nuisance to persons, properties or natural features may be abated by the County under the provisions of the applicable provisions of the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition or successor as adopted by Whatcom County, or by other appropriate means. M WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM Chapter 9 General Policies and Regulations 23.90.01 Applicability All use and development activities on shorelines shall be subject to all of the following general policies and regulations in addition to the applicable use policies and regulations of Chapter 10 provided that all use and development that is to be located within the Cherry Point Management Area, as defined in Chapter 11, shall be subject to the policies and regulations found in SNIP 23.100.17 and shall not be subject to the policies and regulations found in Chapters 9 and 10 unless otherwise specified. 23.90.02 Land Use The following land use policies delineate the use preferences of the Act and this Program and are intended to support the goals and objectives of the Program. 23.90.02.A Policies 1. Single family residences should be given preference for location on shorelines in those limited instances when an alteration of the shorelines is authorized (RCW 90.58.020). Single family residences occupied prior to January 1, 1992 and their appurtenant structures should be protected against damage or loss caused by shoreline erosion provided that measures to protect single family residences should be designed to minimize harm to the shoreline environment. 2. Shoreline uses that are water -dependent or water -related should be given preference (RCW 90.58.020). Such uses should be located, designed, and maintained in a manner that minimizes adverse impacts to shoreline ecological functions and/or processes. Nonwater-oriented development may be allowed, provided that existing water -dependent uses are not displaced and the future supply of sites for water -dependent or water - related uses is not compromised. 3. Adequate space should be reserved on shorelines to meet the current and projected demand for water -dependent uses, in conjunction with areas provided in cities, towns and areas under tribal jurisdiction. 23.90.02.13 Regulations 1. Single family residential uses shall be allowed on all shorelines not subject to a preference for commercial or industrial water -dependent uses and shall be located, designed, and used in accordance with applicable policies and regulations of this Program. 2. Resource uses such as agriculture, forestry and mining activities shall be carried out in a manner consistent with the applicable policies and regulations of this Program. 3. Restoration of ecological functions and processes shall be allowed on all shorelines and shall be located, designed and implemented in accordance with applicable policies and regulations of this Program. 67 M CHAPTER 9 - GENERAL POLICIES AND REGULATIONS 4. Shoreline uses and developments that are water -dependent shall be given priority. Permit conditions may limit the range of uses or sites developed for such uses. Interim nonwater-dependent uses authorized as a conditional use may be allowed to respond to short term market conditions, provided that permit conditions are placed on such uses to provide for a specific timetable or review process to ensure water -dependent use of the development in the long term. 5. Shoreline uses and developments should be located, designed, and managed so that other appropriate uses are neither subjected to substantial or unnecessary adverse impacts, nor deprived of reasonable, lawful use of navigable waters, other publicly owned shorelines, or private property. 6. Navigable waters should be kept free of obstructions for the general benefit of the region, state, and nation. No use or development shall be allowed to effectively exclude other appropriate uses from navigable waters. 7. Shoreline uses and developments should be located in a manner so that shoreline stabilization is not likely to become necessary in the future. 23.90.03 Ecological Protection and Critical Areas 23.90.03.A Policies Shoreline use and development should be carried out in a manner that prevents or mitigates adverse impacts so that the resulting ecological condition does not become worse than the current condition. This means assuring no net loss of ecological functions and processes and protecting critical areas designated in WCC 16.16, in a manner consistent with all relevent constitutional and other legal limitations on the regulation of private property. Permitted uses shall be designed and conducted to minimize, in so far as practical, any resultant damage to the ecology and environment (RCW 90.58.020). Shoreline ecological functions that should be protected include, but are not limited to, fish and wildlife habitat, food chain support, and water temperature maintenance. Shoreline processes that should be protected include, but are not limited to, water flow; littoral drift; erosion and accretion; infiltration; ground water recharge and discharge; sediment delivery, transport, and storage; large woody debris recruitment; organic matter input; nutrient and pathogen removal; and stream channel formation/maintenance. 2. In assessing the potential for net loss of ecological functions or processes, project - specific and cumulative impacts should be considered. 3. Development standards for density, frontage, setbacks, impervious surface, shoreline stabilization, vegetation conservation, buffers, critical areas, and water quality should protect existing shoreline ecological functions and processes. During permit review, the Administrator should consider the expected impacts associated with proposed shoreline development when assessing compliance with this policy. 23.90.03.E Regulations Mitigation Sequencing - To comply with the policies of SMP 23.90.03.A, a shoreline permit applicant or project proponent shall demonstrate all reasonable efforts have been 491 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM taken to provide sufficient mitigation such that the activity does not have significant adverse impacts. Mitigation shall occur in the following prioritized order: Avoiding the adverse impact altogether by not taking a certain action or parts of an action, or moving the action. b. Minimizing adverse impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology and engineering, or by taking affirmative steps to avoid or reduce adverse impacts. Rectifying the adverse impact by repairing, rehabilitating or restoring the affected environment. Reducing or eliminating the adverse impact over time by preservation and maintenance operations during the life of action. e. Compensating for the adverse impact by replacing, enhancing, or providing similar substitute resources or environments and monitoring the adverse impact and the mitigation project and taking appropriate corrective measures. 2. Because of its incorporation by reference herein under Section 23.10.06.A. above ,the provisions of the Whatcom County Critical Areas Ordinance, WCC 16.16, shall apply to any use, alteration or development within shoreline jurisdiction whether or not a shoreline permit or written statement of exemption is required. Unless otherwise stated, no development shall be constructed, located, extended, modified, converted, or altered, or land divided without full compliance with WCC 16.16 and the Program, provided that alteration for a water -oriented use may be allowed in accordance with WCC 16.16.225.B.3. Within shoreline jurisdiction, the regulations of WCC 16.16 shall be liberally construed together with the Program to give full effect to the objectives and purposes of the provisions of the Program and Act. 3. Unless otherwise stated, critical area buffers shall be protected and/or enhanced pursuant to this Program and WCC 16.16. 4. Use of motor vehicles including unlicensed off -road vehicles is permitted only on roads or trails specifically designated for such use. Motor vehicle use, except for vessels and float planes, is prohibited waterward of the ordinary high water mark, on tidelands, public or private beaches, wetlands and/or their associated buffers; except as necessary for public health and safety or permitted maintenance activities associated with approved developments or as otherwise permitted. 5. Buildings, fencing, walls, hedges and similar features shall be designed, located, and constructed in a manner that does not preclude or significantly interfere with wildlife movement to/from important habitat areas consistent with the applicable provisions of WCC 16.16, provided that the Administrator may exempt security fencing associated with residential, industrial and/or commercial developments from this requirement on a case -by -case basis. 6. To provide for flexibility in the administration of the ecological protection provisions of this Program, alternative mitigation approaches as provided for in WCC 16.16.260.E may be approved within shorelines as a conditional use where such approaches provide 69 492 CHAPTER 9 - GENERAL POLICIES AND REGULATIONS increased protection of shoreline ecological functions and processes over the standard provisions of this Program and are scientifically supported. 7. The cumulative effects of individual development proposals shall be identified and evaluated to assure that no net loss standards are achieved. 8. Whenever the administrator issues a determination or recommendation and/or conditions of approval on a proposal, which will result in the denial or substantial alteration of a proposed action, such determinations will be provided in writing stating the relationship(s) between the ecological factors, the proposed action and the condition(s). 23.90.04 Water Quality and Quantity 23.90.04.A Policies The location, construction, operation, and maintenance of all shoreline uses and developments should maintain or enhance the quantity and quality of surface and ground water over the long term. 2. Shoreline use and development should minimize the need for chemical fertilizers, pesticides or other similar chemical treatments to prevent contamination of surface and ground water and/or soils, and adverse effects on shoreline ecological functions and values. 3. Appropriate buffers along all wetlands, streams, lakes, and marine water bodies should be provided and maintained in a manner that avoids the need for chemical treatment. 23.90.04.13 Regulations Shoreline use and development shall incorporate measures to protect and maintain surface and ground water quantity and quality in accordance with all applicable laws. 2. New development shall provide stormwater management facilities designed, constructed, and maintained in accordance with the current stormwater management standards. Deviations from these standards may be approved where it can be demonstrated that off -site facilities would provide better treatment, or where common retention, detention and/or water quality facilities meeting such standards have been approved as part of a comprehensive stormwater management plan. 3. Best management practices (BMPs) for control of erosion and sedimentation shall be implemented for all development in shorelines through an approved temporary erosion and sediment control (TESC) plan, or administrative conditions. 4. To avoid water quality degradation by malfunctioning or failing septic systems located within shoreline jurisdiction, on -site sewage systems shall be located and designed to meet all applicable water quality, utility, and health standards. The owner must be in compliance with WCC 24.05.160 — Operation and Maintenance: 5. All materials that may come in contact with water shall be constructed of materials, such as untreated wood, concrete, approved plastic composites or steel, that will not adversely affect water quality or aquatic plants or animals. Materials used for decking or 70 493 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM other structural components shall be approved by applicable state agencies for contact with water to avoid discharge of pollutants from wave splash, rain, or runoff. Wood treated with creosote, copper chromium arsenic or pentachlorophenoi is prohibited in or above shoreline water bodies. 23.90.05 Views and Aesthetics 23.90.05.A Policies Shoreline use and development activities should be designed and operated to minimize obstructions of the public's visual access to the water and shoreline. 2. Shoreline use and development should not significantly detract from shoreline scenic and aesthetic qualities that are derived from natural or cultural features, such as shoreforms, vegetative cover and historic sites/structures. 3. Aesthetic objectives should be implemented through regulations and criteria for site planning, maximum height, setbacks, siting of buildings and accessories, screening, vegetation conservation, architectural standards, sign control regulations, appropriate development siting, designation of view corridors and maintenance of natural vegetative buffers. 4. Clearing, thinning, and/or limbing for limited view corridors should only be allowed where it does not adversely impact ecological and/or aesthetic values, and/or slope stability. Vegetation conservation should be preferred over the creation or maintenance of views from property on the shoreline to protect shoreline ecological functions and aesthetics. 23.90.05.13 Regulations Protection and/or enhancement of critical areas and their associated buffers shall be preferred over provisions for visual access, when the two are in conflict. 2. The following standards shall apply to developments and uses within the jurisdiction of this Program: a. Where commercial, industrial, mixed use, multifamily and/or multi -lot developments are proposed, primary structures shall provide for reasonable view corridors between buildings. - b. Buildings shall incorporate architectural features that reduce scale such as setbacks, pitched roofs, offsets, angled facets, and recesses. C. Building surfaces on or adjacent to the water shall employ materials that minimize reflected light. d. Building mechanical equipment shall be incorporated into building architectural features, such as pitched roofs, to the maximum extent possible. Where mechanical equipment cannot be incorporated into architectural features, a visual screen shall be provided consistent with building exterior materials that obstructs views of such equipment. 71 so CHAPTER 9 - GENERAL POLICIES AND REGULATIONS e. Any other design standards included in community plans or regulations adopted by Whatcom County. Fences, walls, hedges and other similar accessory structures, excluding those associated with agricultural uses, shall be limited to 4 feet in height between the ordinary high water mark and structures, and within shoreline view areas as defined in Chapter 11; provided that, within shoreline view areas, the Administrator may approve a greater height where a fence or other feature is parallel to the right- of-way and does not extend above a line of sight between the ordinary high water mark and a point 3.5 feet above the centerline of the road. Where permitted, fences, walls, hedges and other similar structures shall be limited to 4 feet in height within critical area buffers. Outside of critical area buffers, fences shall be limited to 6 feet in height. Fences, walls, hedges or private accessory structures on public property shall not be permitted to obscure shoreline views within shoreline view areas as defined in Chapter 11 or from existing residences on adjacent property, unless specific findings are made that the proposed view obstruction is justified by overriding considerations of the public interest. 3. Stairs and walkways located within the shoreline or critical area buffers shall not exceed 4 feet in width; provided that, where ADA requirements apply, such facilities may be increased to 5 feet in width. Stairways shall conform to the existing topography to the extent feasible and minimize impervious surfaces. 23.90.06 Vegetation Conservation 23.90.06.A Policies Where new developments and/or uses are proposed, native shoreline vegetation should be conserved to maintain shoreline ecological functions and/or processes and mitigate the direct, indirect and/or cumulative impacts of shoreline development, wherever feasible. Important functions of shoreline vegetation include, but are not limited to: Providing shade necessary to maintain water temperatures required by salmonids, forage fish, and other aquatic biota. b. Regulating microclimate in riparian and nearshore areas. C. Providing organic inputs necessary for aquatic life, including providing food in the form of various insects and other benthic macro invertebrates. d. Stabilizing banks, minimizing erosion and sedimentation, and reducing the occurrence/severity of landslides. e. Reducing fine sediment input into the aquatic environment by minimizing erosion, aiding infiltration, and retaining runoff. Improving water quality through filtration and vegetative uptake of nutrients and pollutants. 72 495 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM g. Providing a source of large woody debris to moderate flows, create hydraulic roughness, form pools, and increase aquatic diversity for salmonids and other species. Providing habitat for wildlife, including connectivity for travel and migration corridors. 23.90.06.13 Regulations Shoreline developments shall comply with the vegetation conservation policies of this Program through compliance with the critical area standards of WCC 16.16.335, 16.16.360, 16.16.630 and 16.16.740 for protection and maintenance of critical area and buffer vegetation. 2. Where compliance with SMP 23.90.06.13.1 is not feasible or required, new developments shall be required to develop and implement a vegetation management plan. When required, vegetation management plans shall be prepared by. a qualified professional and shall be consistent with the requirements in WCC 16.16.260.13 and .C, provided that the Administrator may establish prescriptive standards for vegetation conservation and management as an alternative to requiring a specific plan for a development. Vegetation management plans shall describe actions that will be implemented to ensure that buffer areas provide ecological functions equivalent to a dense native vegetation community to the extent possible given the area that is feasibly available. Required vegetation shall be maintained over the life of the use and/or development by means of a conservation easement or similar legal instrument recorded with the Whatcom County Auditor. 3. Non -conforming lots that do not provide sufficient area to meet the standard dimensional requirements for buffers and setbacks as provided for in SMP 23.50.07.K and are not located within a landslide, alluvial fan, or riverine and coastal erosion hazard areas as defined in WCC 16.16.310, may employ the following standards in lieu of the vegetation management provisions of SMP 23.90.06.B.2, above: An inner management zone shall extend perpendicularly from the shoreline ordinary high water mark or critical area edge a distance equal to fifty percent (50%) of the buffer dimension established for non -conforming lots in SMP 23.50.07.K. In the inner management zone: (1) Lawn or turf is prohibited due to its limited functional benefits and need for chemical and fertilizer applications. Understory consisting of native groundcover and shrubs shall be provided at a sufficient density to prevent erosion, stabilize soils, and intercept surface runoff. (2) Native trees shall be provided at a sufficient density and species composition to mimic natural vegetative conditions for purposes of creating shade, attenuating water temperature, stabilizing soils, and providing large woody debris and other organic inputs critical for aquatic resources. b. An outer management zone shall extend from the outer boundaries of the inner management zone to the edge of the critical area buffer. Within the outer management zone: 73 s•• CHAPTER 9 - GENERAL POLICIES AND REGULATIONS (1) Vegetation management shall consist of the requirements of SMP 23.90.06.B.3.a, provided that on slopes of twenty-five percent (25%) or less, lawn, turf, ornamental vegetation or gardens may be allowed on up to ten percent (10%) of the area or 500 square feet, whichever is greater. (2) Lawn or turf shall be prohibited on slopes greater than twenty-five percent (25%). 4. Vegetation clearing shall be limited to the minimum necessary to accommodate approved shoreline development. 5. Removal of noxious weeds and/or invasive species shall be incorporated in vegetation management plans, as necessary, to facilitate establishment of a stable community of native plants. 6. Clearing, pruning and re -vegetation of buffer areas, except landslide hazard areas and buffers and riverine and coastal erosion hazard areas and buffers, may be conducted in accordance with the regulations in WCC 16.16.235.G. 7. Selective vegetation clearing and pruning may be allowed in landslide hazard areas and/or riverine and coastal erosion hazard areas and/or their buffers pursuant to an approved vegetation management plan designed to improve overall slope or bank stability. The plan shall be prepared by a qualified professional and reviewed by a licensed geologist or geotechnical engineer. Vegetation conservation standards shall not apply retroactively to existing uses and developments, such as existing agricultural practices. Vegetation conservation standards do not apply to the removal of hazard trees pursuant to WCC 16.16.230.F. 10. Unless otherwise stated, the vegetation conservation regulations of this Program do not apply to commercial forest practices as defined by this Program when such activities are covered under the Washington State Forest Practices Act (RCW 76.09), except where such activities are associated with a conversion to other uses or other forest practice activities over which local governments have authority. For the purposes of this Program, preparatory work associated with the conversion of land to non -forestry uses and/or developments shall not be considered a forest practice and shall be reviewed in accordance with the provisions for the proposed non -forestry use, the general provisions of this Program and WCC 16.16, and shall be limited to the minimum necessary to accommodate an approved use. 23.90.07 Archaeological, Historic and Cultural Resources 23.90.07.A Policies The County should work with tribal, state, federal and local governments as appropriate to maintain an inventory of all known significant local historic, cultural and archaeological sites in observance of applicable state and federal laws protecting such information from general public disclosure. As appropriate, such sites should be protected, preserved and/or restored for study, education and/or public enjoyment to the maximum possible extent. 74 497 WHATCOIA COUNTY SHORELINE MANAGEMENT PROGRAM 2. Site development plans should incorporate provisions for historic, cultural and archaeological site preservation, restoration and education with open space or recreation areas whenever compatible and possible. 3. Cooperation among involved private and public parties is encouraged to achieve the Archaeological, Historical and Cultural element goals and objectives of this Program. 4. Owners of property containing identified historic, cultural or archaeological sites are encouraged to make development plans known well in advance of application, so that appropriate agencies such as the Lummi Nation, Nooksack Tribe, Washington State Department of Archaeology and Historic Preservation, and others may have ample time to assess the site and make arrangements to preserve historical, cultural and archaeological values as applicable. 5. Private and public owners of historic sites should be encouraged to provide public access and educational opportunities in a manner consistent with long term protection of both historic values and shoreline ecological functions. 6. Historic, cultural and archaeological site development should be planned and carried out so as to prevent impacts to the resource. Impacts to neighboring properties and other shore uses should be limited to temporary or reasonable levels. 7. If development is proposed adjacent to an identified historic, cultural or archaeological site, then the proposed development should be designed and operated so. as to be compatible with continued protection of the historic, cultural or archaeological site. 8. The cultural resource provisions of this Program are consistent with RCW 27.44, RCW 27.53.and WAC 25-48-060. In accordance with state law, all applicants are subject to these requirements. 23.90.07.E Regulations Known Archaeological, Historic and Cultural Resources a. Upon receipt of application for a shoreline permit or request for a statement of exemption for development on properties within 500 feet of a site known to contain an historic, cultural or archaeological resource(s), the County shall require a cultural resource site assessment; provided that, the provisions of this section may be waived if the Administrator determines that the proposed development activities do not include any ground disturbing activities and will not impact a known historic, cultural or archaeological site. The site assessment shall be conducted by a professional archaeologist or historic preservation professional, as applicable, to determine the presence of significant historic or archaeological resources. The fee for the services of the professional archaeologist or historic preservation professional shall be paid by the landowner or responsible party. The applicant shall submit a minimum of five (5) copies of the site assessment to the Administrator for distribution to the applicable parties for review. b. If the cultural resource site assessment identifies the presence of significant historic or archaeological resources, a Cultural Resource Management Plan (CRMP) shall be prepared by a professional archaeologist or historic preservation 75 s•: CHAPTER 9 - GENERAL POLICIES AND REGULATIONS professional, as applicable. The fee for the services of the professional archaeologist or historic preservation professional shall be paid by the landowner or responsible party. In the preparation of such plans, the professional archaeologist or historic preservation professional shall solicit comments from the Washington State Department of Archaeology and Historic Preservation, the Lummi Nation Tribal Historic Preservation Office and Nooksack Tribe. Comments received shall be incorporated into the conclusions and recommended conditions of the CRNIP to the maximum extent practicable. The applicant shall submit a minimum of five (5) copies of the CRMP to the Administrator for distribution to the applicable parties for review. (1) A CRNIP shall contain the following minimum elements: (a) The purpose of the project; and (b) A site plan for proposed on -site development; and (c) Depth and location of all ground disturbing activities including, but not limited to, utilities, driveways, clearing and grading; and (d) An examination of project on -site design alternatives; and (e) An explanation of why the proposed activity requires a location on, or access across and/or through, a significant historic or archaeological resource; and (f) A description of the historic/archaeological resources affected by the proposal; and (g) An assessment of the historic/archaeological resource and an analysis of the potential adverse impacts as a result of the activity; and (h) An analysis of how these impacts have been avoided; or (i) Where avoidance is not possible, how these impacts have been mitigated/minimized; and (j) A recommendation of appropriate mitigation measures, which may include but are not limited to the following: Recording the site with the State Department of Archaeology and Historic Preservation, or listing the site in the National Register of Historic Places, Washington Herritage Register, as applicable, or any locally developed historic registry formally adopted by the Whatcom County Council; (ii) Preservation in place; (iii) Reinterment in the case of grave sites; (iv) Covering an archaeological site with a nonstructural surface to discourage pilferage (e.g., maintained grass or pavement); 76 No WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM (v) Excavation and recovery of archaeological resources; (vi) Inventorying prior to covering of archaeological resources with structures or development; and (vii) Monitoring of construction excavation. (k) An outline of actions to be taken by the property owner, developer, archaeologist, or historic preservation professional, as applicable, in the event that an inadvertent discovery of historic, cultural or archaeological sites or artifacts occurs during site development, which includes the following: (i) A statement that work on that portion of the development site shall be stopped immediately and the find reported as soon as possible to the Administrator and other appropriate governments and agencies. (i i) Contact information for applicable parties, agencies and governments including the County Administrator, the Washington State Department of Archaeology and Historic Preservation, Lummi Nation Tribal Historic Preservation Office, Nooksack Tribe, professional archaeologist or historic preservation professional; and in the event of inadvertent discovery of human remains, additional contact information for the Whatcom County Sheriffs Office, Whatcom County Medical Examiner, and/or Lummi Repatriation Office. (iii) Proposed measures to stabilize, contain or otherwise protect the area of inadvertent discovery until a site investigation and/or site assessment is conducted. (1) Where provision of public access for the purpose of public education related to a private or publicly owned building or structure of historic significance is desired by the property owner, a public access management plan shall be developed in consultation with the Washington State Department of Archaeology and Historic Preservation, Lummi Nation Tribal Historic Preservation Office, Nooksack Tribe and/or other agencies, as appropriate, to address the following: (i) The type and/or level of public access that is consistent with the long term protection of both historic resource values and shoreline ecological functions and processes; and (ii) Site and resource specific conditions and/or improvements including the following, as applicable: hours of operation, interpretive and/or,directionaI signage, lighting, 77 500 CHAPTER 9 - GENERAL POLICIES AND REGULATIONS • pedestrian access, and/or • traffic and parking. (m) Where provision of public access for purposes of public education related to an archaeological or cultural resource site is desired by the property owner, the Washington State Department of Archaeology and Historic Preservation, Lummi Nation Tribal Historic Preservation Office, Nooksack Tribe and/or other agencies, as appropriate, shall be in agreement prior to providing public access to the site. An access and resource management plan shall be developed in consultation with the Washington State Department of Archaeology and Historic Preservation, the Lummi Nation Tribal Historic Preservation Office, and the Nooksack Tribe. (2) The recommendations and conclusions of the CRMP shall be used to assist the Administrator in making final administrative decisions concerning the presence and extent of historic/archaeological resources and appropriate mitigating measures. The Administrator shall consult with the Washington State Department of Archaeology and Historic Preservation, Lummi Nation Tribal Historic Preservation Office, and Nooksack Tribe prior to approval of the CRMP. (3) The Administrator may reject or request revision of the conclusions reached in a CRMP when the Administrator can demonstrate that the assessment is inaccurate or does not fully address the historic/archaeological resource management concerns involved. C. Upon receipt of a complete development permit application in an area of known historic/archaeological resources, the County shall .notify and request a recommendation From appropriate agencies such as the Washington State Department of Archaeology and Historic Preservation, the Lummi Nation Tribal Historic Preservation Office, and Nooksack Tribe. Recornmend ations of such agencies and other affected persons shall be duly considered and adhered to whenever possible and reasonable. Notification shall include the following information: (1) The date of application, the date of notice of completion for the application, and the date of the notice of application; (2) A site map including the street address, tax parcel number, township, range, and section of the proposed project area; (3) A description of the proposed project action and a list of the project permits included in the application, and, if applicable, a list of any studies requested by the County; (4) The identification of other permits not included in the application to the extent known by the County; (5) The identification of existing environmental documents that evaluate the proposed project and, if not otherwise stated on the document providing 78 501 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM notice of application, the location where the application and any studies can be reviewed; (6) Any other information determined appropriate by the County; (7) A statement indicating those development regulations that will be used for project mitigation or a determination of consistency if they have been identified at the time of notice, (8) A statement of the limits of the comment period and the right of each agency to comment on the application within a fifteen (15) day time period, request a copy of the decision once made, and to appeal a decision when allowed by law. d. In granting shoreline permits or statements of exemption for such development, the County may attach conditions to provide sufficient time and/or conditions for consultation with the Washington State Department of Archaeology and Historic Preservation, Lummi Nation Tribal Historic Preservation Office and Nooksack Tribe, and to assure that historic/archaeological resources are properly protected, or for appropriate agencies to contact property owners regarding purchase or other long term arrangements. Provision for the protection and preservation of historic/archaeological sites shall be incorporated to the maximum extent practicable. Permit or other requirements administered by the Washington State Department of Archaeology and Historic Preservation pursuant to RCW 27.44 and RCW 27.53 may apply in addition. 2. Inadvertent Discovery a. Whenever historic, cultural or archaeological sites or artifacts are discovered in the process of development on shorelines, work on that portion of the development site shall be stopped immediately, the site secured and the find reported as soon as possible to the Administrator. Upon notification of such find, the property owner shall notify the Washington State Department of Archaeology and Historic Preservation, Lummi Nation Tribal Historic Preservation Office, and Nooksack Tribe, and the Administrator shall conduct a site investigation to determine the significance of the discovery. Based upon the findings of the site investigation and consultation with the Washington State Department of Archaeology and Historic Preservation, Lummi Nation Tribal Historic Preservation Office, and Nooksack Tribe, the Administrator may require that an immediate site assessment be conducted or may allow stopped work to resume. b. If a site assessment is required, the area of inadvertent discovery shall be stabilized, contained or otherwise protected until the site assessment and/or CRMP is completed. The site assessment shall be prepared pursuant to SMP 23.90.07.B.1.a to determine the significance of the discovery and the extent of damage to the resource and shall be distributed to the Washington State Department of Archaeology and Historic Preservation, the Lummi Nation Tribal Historic Preservation Office, and Nooksack Tribe for a fifteen (15) day review period or, in the case of inadvertent discovery of human remains, a thirty (30) day review period to determine the significance of the discovery. If the site has been determined not to be significant by the above listed agencies or governments, or if the above listed agencies or governments have failed to respond within the 79 502 CHAPTER 9 - GENERAL POLICIES AND REGULATIONS applicable review period following receipt of the site assessment, such stopped work may resume. C. Upon receipt of a positive determination of a site's significance, the Administrator may invoke the provisions of SMP 23.90.07.B.1.b through A above for a Cultural Resource Management Plan, if such action is reasonable and necessary to implement related SMP objectives. 3. The requirements of SMP 23.90.07.B.1 do not apply where an applicant/project proponent has obtained an approved Archeological Excavation and Removal permit from the . Washington State Department of Archaeology and Historic Preservation pursuant to WAC 25-48-060, provided that the applicant must adhere to the requirements of said approved permit. 23.90.08 Public Access 23.90.08.A Policies Use and development that provide an opportunity for substantial numbers of the people to enjoy the shorelines of the state are a preferred use. 2. Physical or visual access to shorelines should be incorporated in all new development when the development would either generate a demand for one or more forms of such access, and/or would impair existing legal access opportunities or rights. Public health and safety concerns should also be adequately addressed and maintenance of shoreline ecological functions and/or processes should be assured. As required by the Governing Principles, all such conditions should be consistent with all relevant constitutional and other legal limitations on regulation of private property. 3. Public access should be provided for water -oriented uses and nonwater-dependent uses and developments that increase public use of the shorelines and public aquatic lands, or that would impair existing, legal access opportunities. 4. Nonwater-related uses or activities located on the shoreline should provide public access as a public benefit. 5. Public access area and/or facility requirements should be commensurate with the scale and character of the development and should be reasonable, effective and fair to all affected parties including but not limited to the land owner and the public. 6. Public access design should provide for public safety and minimize potential impacts to private property, individual privacy, and shoreline ecological functions and processes. 7. Shoreline development by public entities, such as local governments, port districts, state agencies, and public utility districts, should provide public access measures as part of each development project, unless such access is shown to be incompatible due to reasons of safety, security, or impact to the shoreline. 23.90.08.B Regulations In the review of all shoreline substantial development, conditional use permits, or developments of more than four (4) residential lots or dwelling units, consideration of :1i 503 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM public access shall be required, subject to the test stated above in SMP 23.90.08.A.2. When appropriate, provisions for adequate public access shall be incorporated into such proposals, including land division, unless the applicant/proponent demonstrates that one or more of the following provisions apply: a. Unavoidable health or safety hazards to the public exist that cannot be prevented by any practical means; b. Inherent security requirements of the use cannot be satisfied through the application of alternative design features or other solutions; C. The cost of providing the access, easement, alternative amenity, or mitigating the impacts of public access is unreasonably disproportionate to the total long term cost of the proposed development; d. Significant environmental impacts will result from the public access that cannot be mitigated; e. Significant undue and unavoidable conflict between any access provisions and the proposed use and/or adjacent uses would occur and cannot be mitigated. 2. When provisions for public access are required as a condition of project approval, the Administrator shall prepare written findings, pursuant to SMP 23.60, demonstrating consistency with the principles of nexus and proportionality and the test stated in SMP 23.90.08.A.2 and SMP 23.50.08.A. 3. Prior to deciding public access is not required pursuant to SNIP 23.90.08.B.1.a through .e above, the County must determine that all reasonable alternatives have been exhausted; including, but not limited to: a. Regulating access by such means as maintaining a gate and/or limiting hours of use; Designing separation of uses and activities (e.g. fences, terracing, use of one-way glazing, hedges, landscaping, etc.); and C. Providing for access at a site geographically separated from the proposal such as a street end, vista, tideland or trail system. 4. Public access shall not be required for the following uses except as determined on a case -by -case basis in conjunction with . the provisions of SMP 23.90.08.A and this section: a. Single family residential development of four (4) or fewer lots b. Dredging C. Forest Practices d. Landfill and Excavation e. Mining f. Private docks serving four (4) or fewer dwelling units g. Instream Structures h. Shoreline Stabilization 81 504 CHAP"rER 9 - GENERAL POLICIES AND REGULATIONS Ecological restoration or enhancement activities not associated with development when the purpose of the project would be undermined. Agriculture 5. Public access shall consist of a dedication of land or a physical improvement in the form of a walkway, trail, bikeway, corridor, viewpoint, park, deck, observation tower, pier, boat launching ramp, dock or pier area, or other area serving as a means of view and/or physical approach to public waters and may include interpretive centers and displays. 6. Alternate off -site provision of public access to shorelines may be used upon approval, as a means of offsetting identifiable on -site impacts. If public access is demonstrated to be infeasible or inappropriate on site due to significant interference to operations or hazards to life and property, alternative visual access opportunities may be provided at a location not directly adjacent to the water such as a viewpoint, observation tower, or other areas serving as a means to view public waters such as an interpretive center and displays explaining maritime history and industry, provided that visual access to the water is provided. 7. Public access provided by shoreline street ends, public utilities and rights -of -way shall not be diminished (RCW 35.79.035 and RCW 36.87.130). Shoreline development by public entities shall include public access measures as part of each development project. 8. , Public access shall incorporate the following location and design criteria: a. Where open space is provided along the shoreline, and public access can be provided in a manner that will not adversely impact shoreline ecological functions and/or processes, a public pedestrian access walkway parallel to the ordinary high water mark of the property is preferred. The walkway shall be buffered from sensitive ecological features and provide limited and controlled access to sensitive features and the waters edge where appropriate. Fencing may be provided to control damage to plants and other sensitive ecological features and where appropriate. Trails shall be constructed of permeable materials and limited to 5 feet in width to reduce impacts to ecologically sensitive resources. b. Public access shall be located adjacent to other public areas, accesses and connecting trails, connected to the nearest public street; and include provisions for handicapped and physically impaired persons where feasible. C. Where views of the water or shoreline are available and physical access to the waters edge is not present or appropriate, a public viewing area shall be provided. d. Design shall minimize intrusions on privacy by avoiding locations adjacent to windows and/or outdoor private open spaces or by screening or other separation techniques. e. Design shall provide for the safety of users, including the control of offensive conduct through public visibility of the public access area, or through provisions for oversight. The Administrator may authorize a public access to be temporarily closed in order to develop a program to address offensive conduct. If offensive conduct cannot be reasonably controlled, alternative facilities may be approved through a permit revision. ME 505 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM Public amenities appropriate to the use of a public access area such as benches, picnic tables and sufficient public parking to serve the users shall be provided. g. Commercial developments that attract a substantial number of persons and developments by government/public entities .may be required to provide public restrooms, facilities for disposal of animal waste and other appropriate public facilities. 9. The minimum width of public access easements shall be 10 feet, unless the Administrator determines that undue hardship would result. In such cases, easement widths may be reduced only to the extent necessary to relieve the hardship. 10. The requirement for public access on a specific site may be fulfilled by: a. Participation in a public access plan incorporated in the Program; or b. Provision of facilities specified in a permit approval. 11. Required public access sites shall be fully developed and available for public use at the time of occupancy of the use or activity or in accordance with other provisions for guaranteeing installation through a monetary performance assurance. 12. Public access facilities shall be maintained over the life of the use or development. Future actions by successors in interest or other parties shall not diminish the usefulness or value of required public access areas and associated improvements. 13. Public access provisions shall run with the land and be recorded via a legal instrument such as an easement, or as a dedication on the face of a plat or short plat. Such legal instruments shall be recorded with the County Auditor's Office prior to the time of building permit approval, occupancy or plat recordation, whichever comes first. 14. Maintenance of the public access facility shall be the responsibility of the owner unless otherwise accepted by a public or non-profit agency through a formal agreement recorded with the County Auditor's Office. 15. Public access facilities shall be available to the public twenty-four (24) hours per day unless specific exceptions are granted though the shoreline permit process subject to the provisions of SMP 23.90.08.13.1. 16. The standard State approved logo or other approved signs that indicate the public's right of access and hours of access shall be installed and maintained by the owner. Such signs shall be posted in conspicuous locations at public access sites. 17. Incentives for public access improvements such as density or bulk and dimensional bonuses shall be considered through applicable provisions of zoning and subdivision regulations. 23.90.09 Site Planning 83 506 CHAPTER 9 - GENERAL POLICIES AND REGULATIONS 23.90.09.A Policies Development and use should be designed in a manner that directs land alteration to the least sensitive portions of the site to maximize vegetation conservation; minimize impervious surfaces and runoff; protect riparian, nearshore and wetland habitats; protect wildlife and habitats; protect archaeological, historic and cultural resources; and preserve aesthetic values. This may be accomplished by minimizing the project footprint, the use of clustering and other appropriate design approaches. 2. Low impact and sustainable development practices such as rain gardens, and pervious surfacing methods including but not limited to, porous paving blocks, porous concrete and other similar materials, should be incorporated in developments where site conditions allow to maintain shoreline ecological functions and processes. Topographic modification, vegetation clearing, use of impervious surfaces and alteration of natural drainage or other features should be limited to the minimum necessary to accommodate approved uses and development. An engineering geologist should be consulted prior to using infiltration practices on shore bluffs. 3. Accessory development or use that does not require a shoreline location should be located outside of shoreline jurisdiction unless such development is required to serve approved water -oriented uses and/or developments. When sited within shorelines jurisdiction, uses and/or developments such as parking, service buildings or areas, access roads, utilities, signs and storage of materials should be located inland away from the land/water interface and landward of water -oriented developments and/or other approved uses. 4. Development should be located, designed, and managed so that impacts on shoreline or upland uses are minimized through bulk and scale restrictions, setbacks, buffers, and control of proximity impacts such as noise or light and glare. 5. Shoreline uses should not deprive other uses of reasonable access to navigable waters. Public recreation activities such as fishing, clam digging, swimming, boating, and wading, and water -related recreation should be, preserved and enhanced. The rights of treaty tribes to resources within their usual and accustomed areas should be accommodated. 23.90.09.8 Regulations Where appropriate new development shall use clustering to minimize adverse impacts on shoreline ecological functions and processes. 2. An assessment of the existing ecological functions and/or processes provided by topographic, physical and vegetation characteristics of the site, shall accompany development proposals, provided that proposals for single family residences shall be exempt from this requirement. Such assessments shall include the following general information: a. Impacts of the proposed use/development on ecological processes with clear designation of existing and proposed routes for water flow, wildlife movement and other features. 84 507 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM b. Infrastructure requirements such as parking, services, lighting and other features, together with the effects of those infrastructure improvements on shoreline ecological functions and/or processes. 3. Vehicle and pedestrian circulation systems shall be designed to minimize clearing, grading and alteration of topography and natural features. Roadway and driveway alignment shall follow the natural contours of the site and minimize width to the maximum extent feasible. Elevated walkways should be utilized to cross wetlands. 4. Impervious surfacing for parking lot/space areas shall be minimized through the use of alternative surfaces where feasible, consistent with the May 2005 Low Impact Development Technical Guidance Manual for Puget Sound. 5. Utilities shall be located within roadway and driveway corridors and right-of-ways wherever feasible. 6. Design of structures should conform to natural contours and minimize disturbance to soils and native vegetation. Foundations shall be tiered with earth retention incorporated into the structure. 7. Stormwater infiltration systems shall be employed to mimic the natural infiltration and ground water interflow processes where appropriate. 8. Fencing, walls, hedges and similar features shall be designed in a manner that does not preclude or significantly interfere with wildlife movement to/from important habitat areas. 9. Accessory uses that do not require a shoreline location shall be sited away from the land/water interface and landward of the principal use and unless, otherwise specified, shall observe critical area regulations and buffers in WCC 16.16. 10. Development shall be located, designed, and managed so that impacts on public use of the shoreline are minimized. 11. Public recreation activities such as fishing, clam digging, swimming, boating, and wading, and water -related recreation shall be protected through specific provisions to avoid impacts, or provide access as applicable. 12. Interior and exterior lighting shall be designed and operated to avoid illuminating nearby properties or public areas, prevent glare on adjacent properties, public areas or roadways to avoid infringing on the use and enjoyment of such areas, and to prevent hazards. Methods of controlling spillover light include, but are not limited to, limits on height of structure, limits on light levels of fixtures, light shields, setbacks, buffer areas and screening. 13. All facilities shall be located and designed to avoid impediments to navigation and to avoid depriving other properties of reasonable access to navigable waters. Review and approval by the U.S. Coast Guard may be required as a condition of issuance of building or development permits to assure compliance. All in -water structures shall be marked and lighted in compliance with U.S. Coast Guard regulations. 14. All shoreline use and development shall provide setbacks from adjacent properties in accordance with SMP Table 23.90.13.C. Setbacks shall be of adequate width to 85 CHAPTER 9 - GENERAL POLICIES AND REGULATIONS attenuate proximity impacts such as noise, light and glare, and may address scale and aesthetic impacts. Fencing or landscape areas may be required to provide a visual screen. 23.90.10 Landfill and Excavation 23.90.10.A Policies Landfill and excavation should only be permitted to the minimum extent necessary to accommodate an approved shoreline use or development and with assurance of no net loss of shoreline ecological functions and processes. Enhancement and voluntary restoration of landforms and habitat are encouraged. 2. Landfill in water bodies, floodways, and/or wetlands should not be permitted for creation of new uplands, unless it is part of an approved ecological restoration activity. Landfill should be permitted in limited instances to restore uplands where recent erosion has rapidly reduced upland area, to build beaches and protective berms for shore stabilization or recreation, to restore or enhance degraded shoreline ecological functions and processes, or to moderately elevate low uplands to make such uplands more suitable for purposes consistent with this Program. 3. Fill should not be allowed where shore stabilization works would be required to maintain the materials placed. 4. Landfills and excavation should be located and developed so that water quality, hydrologic and runoff patterns are not altered. 5. The predicted economic benefits of landfills and excavation should be weighed against long term cumulative impacts on ecological processes and functions. 23.90.103 Regulations Landfill and excavation shall be minimized to the maximum extent practicable and allowed only along with approved shoreline use and development activities that are consistent with this Program. 2. Landfill and excavation within wetlands or waterward of the ordinary high water mark shall only be permitted in limited instances for the following purposes only, with due consideration given to specific site conditions, and only along with approved shoreline use and development activities that are consistent with this Program: a. Port development for water -dependent uses where other upland alternatives or structural solutions, including pile or pier supports are infeasible. b. Expansion or alteration of transportation facilities of statewide significance currently located on the shoreline where alternatives to fill are infeasible. C. Ecological restoration or enhancement such as beach nourishment, habitat creation, or bank restoration when consistent with an approved restoration plan. d. Maintenance of lawfully established development. 509 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM e. Development of shore stabilization projects, flood control and instream structures. Except for landfill for county -approved ecological restoration, fill and excavation waterward of the OHWM or in a wetland may only be authorized as a conditional use. 3. Excavation waterward of the OHWM or within wetlands shall be considered dredging or gravel bar scalping for purposes of this Program. 4. Landfills or excavation shall not be located where shore stabilization will be necessary to protect materials placed or removed. Disturbed areas shall be immediately stabilized and revegetated, as applicable. 5. On marine shores, fill may be permitted in the foreshore where located at drift sector ends in low energy driftways, or on erosional pocket beaches for restoration and enhancement programs where the effect of the landfills interruption of the littoral process can be mitigated. 6. Landfills, beach nourishment and excavation shall be designed to blend physically and visually with existing topography whenever possible, so as not to interfere with long term appropriate use including lawful access and enjoyment of scenery. 7. Perimeter banks shall generally be sloped no steeper than 1 foot vertical for every 3 feet horizontal unless a specific engineering analysis has been provided, and the Administrator determines that the landfill blends physically and visually with existing topography. 8. A temporary erosion and sediment control (TESC) plan shall be provided for all proposed landfill and excavation activities. 23.90.11 Forest Practices 23.90.11.A Policies 1. Forest lands should be reserved for long term forest management and such other uses as are compatible with the dominant use. Other more intensive and incompatible uses tending to impair the dominant use should be discouraged from locating on forest lands. 2. Forest practices should maintain high levels of water quality, as well as surface_ and ground water movement patterns. 3. Forest practices should minimize damage to wetlands, fish and wildlife species and habitats, especially. aquatic habitats. 4. Extreme caution must be observed whenever chemicals are to be used along shorelines; such use should be avoided altogether if possible. 5. Forest practices should maintain or improve the quality of soils and minimize erosion. 6. Where slopes are extremely steep or soils are subject to sliding, rapid erosion or high water table, special practices should be employed to minimize damage to shoreland and water features, and adjacent properties. 87 510 CHAPTER 9 - GENERAL POLICIES AND REGULATIONS 23.90.11.13 Regulations For the purposes of this Program, preparatory work associated with the conversion of land to non -forestry uses and/or developments shall not be considered forest practices and shall be reviewed in accordance with the provisions for the proposed non -forestry use, the general provisions of this Program, including vegetation conservation, and shall be limited to the minimum necessary. 2. All forest practices undertaken on shorelines shall comply with the applicable policies and provisions of the Forest Practices Act, RCW 76.09 as amended, and any regulations adopted pursuant thereto (WAC 222), as administered by the Department of Natural Resources and the following: a. Forest practices roads are prohibited on marine or lake shores where slopes exceed thirty-five percent (35%) except when necessary to obtain access to road networks on land outside the Act's jurisdiction. b. Cutting of more than thirty percent (30%) of the merchantable trees over a ten (10) year period within 50 feet of the bank rim on feeder bluffs and landslide hazard areas is prohibited. Only selective thinning methods that minimize erosion potential shall be employed. C. With respect to timber situated within shoreline jurisdiction along shorelines of statewide significance, only selective commercial timber cutting may be permitted so that no more than thirty percent (30%) of the merchantable timber may be harvested in any ten (10) year period; provided that, other timber harvesting methods may be permitted as a conditional use permit in those limited instances where topography, soil conditions or silviculture practices necessary for regeneration render selective logging ecologically detrimental. 23.90.11.0 Shoreline Area Regulations 1. Urban: Forest practices are prohibited. 2. Urban Resort: Forest practices are prohibited. 3. Urban Conservancy: Forest practices are prohibited. 4. Shoreline Residential: Forest practices are prohibited. 5. Rural: Forest practices are permitted subject to.policies and regulations of this Program and critical areas buffer regulations. 6. Resource: Forest practices are permitted subject to policies and regulations of this Program and critical areas buffer regulations. 7. Conservancy: Forest practices are permitted subject to policies and regulations of this Program and critical areas buffer regulations. 8. Natural: Commercial forestry may be permitted as a conditional use provided it meets the conditions of the State Forest Practices Act and its implementing rules and is 511 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM conducted in a manner consistent with the purpose of the Natural environment designation and this Program. 9. Aquatic: Forest practices are prohibited. 23.90.12 Dredging 23.90.12.A Policies 1. Dredging should be permitted for water -dependent uses of economic importance to the region and/or essential public facilities only when necessary and when alternatives are infeasible or less consistent with this Program. 2. Dredging to provide water -oriented recreation should not be permitted. 3. Minor dredging as part of ecological restoration or enhancement, beach nourishment, public access or public recreation should be permitted if consistent with this Program. 4. New development should be sited and designed to avoid or, where avoidance is not possible, to minimize the need for new maintenance dredging. e. 5. Dredging of bottom materials for the primary purpose of obtaining material for landfill, construction; or beach nourishment should not be permitted. 6. Spoil disposal on land away from the shoreline is generally preferred over open water disposal. 7. Long term cooperative management programs that rely primarily on natural processes, and involve land owners and applicable local, state and federal agencies and tribes should be pursued to prevent or minimize conditions which make dredging necessary. 23.90.12.13 Regulations 1. Dredging shall only be permitted for the following activities: a. Development of approved wet moorages, harbors, ports and water -dependent industries of economic importance to the region only when there are no feasible alternatives. b. Development of essential public facilities when there are no feasible alternatives. C. Maintenance dredging for the purpose of restoring a lawfully established development or the previously permitted or authorized hydraulic capacity of streams. d. Maintenance of irrigation reservoirs, drains, canals, or ditches for agricultural purposes. e. Establishing, expanding, relocating or reconfiguring navigation channels where necessary to assure safe and efficient accommodation of existing navigational uses. Maintenance dredging of established navigation channels and basins shall 89 512 CHAPTER 9 - GENERAL POLICIES AND REGULATIONS be restricted to maintaining previously dredged and/or existing authorized location, depth, and width. f. Removal of gravel for flood management purposes consistent with an adopted flood hazard reduction plan and only after a biological and geomorphological study demonstrates that extraction has a long term benefit to flood hazard reduction, does not result in a net loss of shoreline ecological functions and processes, and is part of a comprehensive flood management solution. g. Restoration or enhancement of shoreline ecological functions and processes benefiting water quality and/or fish and wildlife habitat. h. Minor trenching to allow the installation of necessary underground pipes or cables if no alternative, including boring, is feasible, and: (1) Impacts to fish and wildlife habitat are avoided to the maximum extent possible. (2) The utility installation shall not increase or decrease the natural rate, extent, or opportunity of channel migration. (3) Appropriate best management practices are employed to prevent water quality impacts or other environmental degradation. i. Dredging for the purpose of obtaining landfill material is prohibited, except that limited bar scalping of gravel in streams is permitted subject to policies and regulations for Mining under SMP 23.100.08. . 2. The physical alignment and ecological functions and processes of streams, lakes or marine shorelines shall be maintained, except to improve hydraulic function, water quality, fish or wildlife habitat, or fish passage. 3. Limitations on dredge or disposal operation may be imposed to reduce proximity impacts, protect the public safety and assure compatibility with the interests of other shoreline users. Conditions may include limits on periods and hours of operation, type of machinery, and may require provision of landscaped buffer strips and/or fencing to address noise and visual impacts at land disposal or transfer sites. 4. Spoil Disposal a. Spoil disposal on land away from the shoreline is permitted only under the following conditions: (1) Shoreline ecological functions and processes will be preserved, including protection of surface and ground water. (2) Erosion, sedimentation, floodwaters or runoff will not increase adverse impacts to shoreline ecological functions and processes or property. (3) Sites will be adequately screened from view of local residents or passersby on public right-of-ways. .R 513 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM b. Spoil disposal is prohibited on marine shorelines between the line of extreme low tide and the ordinary high water mark, on lake shorelines or beds, and in streams; except that, dredge spoil may be used in approved projects for the restoration or enhancement of shoreline ecological functions and processes, such as beach nourishment. C. Spoil disposal in open waters may be approved only in accordance with the Puget Sound Dredged Disposal Analysis (PSDDA) evaluation procedures for managing in -water disposal of dredged material; when approved by applicable agencies, which may include the U.S. Army Corps of Engineers pursuant to Section 10 (Rivers and Harbors Act) and Section 404 (Clean Water Act) permits, and Washington State Department of Fish and Wildlife Hydraulic Project Approval (HPA); and when found to meet the following conditions: (1) Land disposal is infeasible, less consistent with this Program, or prohibited by law. (2) Nearshore disposal as part of a program to restore or enhance shoreline ecological functions and processes is not feasible. (3) Offshore habitat will be protected, restored, or enhanced. (4) Adverse effects on water quality or biologic resources from contaminated materials will be mitigated. (5) Shifting and dispersal of spoil will be minimal. (6) Water quality will not be adversely affected. 5. In addition to the minimum application requirements specified in SMP 23.60.05, the following information shall be required for all dredging applications: a. A description of the purpose of the proposed dredging and an analysis of compliance with the policies and regulations of this Program. b. A detailed description of the existing physical character, shoreline geomorphology and biological resources provided by the area proposed to be dredged, including: (1) A site plan map outlining the perimeter of the proposed dredge area. The map must also include the existing bathymetry depths based on Mean Lower Low Water (MLLW) and have data points at a minimum of 2-foot depth increments. (2) A habitat survey must be conducted and. WDFW must be contacted to ensure the survey is conducted according to the most recent WDFW eelgrass/macroalgae survey guidelines. (3) Information on stability of bedlands adjacent to proposed dredging and spoils disposal areas. A detailed description of the physical, chemical and biological characteristics of the dredge spoils to be removed. 91 514 CHAPTER 9 — GENERAL POLICIES AND REGULATIONS (1) Physical analysis of material to be dredged: material composition and amount, grain size, organic materials present, source of material, etc. (2) Chemical analysis of material to be dredged: volatile solids, chemical oxygen demand (COD), grease and oil content, mercury, lead and zinc content, etc. (3) Biological analysis of material to be dredged. d. A description of the method of materials removal, including facilities for settlement and movement. (1) Dredging procedure: length of time it will take to complete dredging, method of dredging and amount of materials removed. (2) Frequency and quantity of project maintenance dredging. e. Detailed plans for dredge spoil disposal, including specific land disposal sites and relevant information on the disposal site, including but not limited to: (1) Spoils disposal area: (a) Physical characteristics including location, topography, existing drainage patterns, surface and ground water; (b) Size and capacity of disposal site; (c) Means of transportation to the disposal site; (d) Proposed dewatering and stabilization of spoils; (e) Methods of controlling erosion and sedimentation; and (f) Future use of the site and conformance with land use policies and regulations. (2) Total initial spoils volume. (3) Plan for disposal of maintenance spoils for at least a fifty (50) year period. f. Hydraulic modeling studies sufficient to identify existing geo-hydraulic patterns and probable effects of dredging. 23.90.12.0 Shoreline Area Regulations 1. Urban: Dredging may be permitted as a conditional use subject to policies and regulations of this Program. 2. Urban Resort: Dredging may be permitted as a conditional use subject to policies and regulations of this Program. 92 515 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM 3. Urban Conservancy: Dredging may be permitted as a conditional use subject to policies and regulations of this Program. 4. Shoreline Residential: Dredging may be permitted as a conditional use subject to policies and regulations of this Program. Rural: Dredging may be permitted as a conditional use subject to policies and regulations of this Program. 6. Resource: Dredging may be permitted as a conditional use subject to policies and regulations of this Program. 7. Conservancy: Dredging may be permitted as a conditional use subject to policies and regulations of this Program. 8. Natural: Dredging is prohibited except that dredging is permitted as an essential element of an approved shore restoration or enhancement plan, subject to policies and regulations of this Program. 9. Aquatic: Dredging may be permitted as a conditional use subject to the use and development regulations of the abutting upland shoreline area designation; provided that, the conditional use permit requirement may be waived upon County and Ecology approval of a sediment. management plan component for a mutually designated reach of river. Maintenance dredging pursuant to SMP 23.60.02.2.B is permitted subject to the policies and regulations of this Program without a conditional use permit provided the original constructed bottom contours have been established and documented in a prior shoreline permit or authorization. 23.90.13 Shoreline Bulk Provisions: Buffers, Setbacks, Height, Open Space and Impervious Surface Coverage 23.90.13.A Policies Standards for density, setbacks, height, and other provisions should ensure no net loss of shoreline ecological functions and/or processes and preserve the existing character of the shoreline consistent with the purpose of the Shoreline Area Designation. 23.90.13.113 Regulations 1. Table of Bulk Regulations: SMP Table 23.90.13.0 establishes the minimum required dimensional requirements for development including all structures and substantial alteration of natural topography. Additional standards may be established in Chapter 10, Shoreline Use Policies and Regulations. All measurements except height and area shall be measured outward on the horizontal plane and in the direction that results in the greatest dimension from property lines, or from other features specified. Dimensional standards relating to critical areas are governed by the provisions of WCC 16.16. Dimensional standards specified in this Program shall not exceed the geographic limit of the Act's jurisdiction. 2. Except as otherwise stated, the Whatcom County Comprehensive Plan, zoning regulations, critical areas regulations, flood control regulations, subdivision regulations, health regulations and other adopted regulatory provisions apply within shoreline 93 516 CHAPTER 9 - GENERAL POLICIES AND REGULATIONS jurisdiction. In the event the provisions of this Program conflict with provisions of other county regulations, the more protective of shoreline resources shall prevail. 3. All use and development activities shall conform to all applicable plans, policies, standards, guidelines and regulations of other agencies with jurisdiction in shoreline areas. 4. Sideyard setbacks shall be measured from all property lines that intersect the shore side of a lot or tract; provided that for development not requiring a wider buffer, 5 feet of the total required sideyard setbacks may be provided on one side and the balance on the other side; and provided further that, for a single family residence or duplex on a non- conforming lot that does not provide sufficient area to meet the standard dimensional requirements for buffers and setbacks, the non -conforming provisions of SMP 23.50.07 apply. 5. Table 23.90.13.0 establishes the maximum allowed building height for all primary and accessory structures. Height is measured according to the definition in SMP 23.110.H.7; provided that, on Urban Resort shorelines only, commercial development and multi -unit residential development more than 100 feet from the ordinary high water mark may exceed the standard height limit, when approved with a shoreline conditional use permit, up to a maximum height of 75 feet; provided that, specific location design and other conditions may be imposed to meet the policies and regulations of this Program; provided further that, pursuant to RCW 90.58.320, no permit may be issued for any new or expanded building or structure more that 35 feet above average grade level that will obstruct the view of a substantial number of residences on or adjoining such shorelines except where the Program does not prohibit such development and only when overriding considerations of the public interest will be served. The applicant/proponent shall be responsible for providing sufficient information to the Administrator to determine that such development will not obstruct the view of a substantial number of residences on or adjoining such shorelines. 6. Necessary power poles and transmission towers are not subject to height limits but shall not be higher than necessary to achieve the intended purpose. 7. The following development activities are not subject to buffers and setbacks, provided that they are constructed and maintained in a manner that minimizes adverse impacts on shoreline functions and processes, and provided further that they comply with all the applicable regulations in WCC 16.16: a. Those portions of approved private water -dependent development or public water - oriented development that require a location waterward of the ordinary high water mark of streams, rivers, lakes, ponds, marine shorelines, associated wetlands and/or within their associated buffers. b. Underground utilities. C. Modifications to existing development that are necessary to comply with environmental requirements of any agency, when otherwise consistent with this Program, provided that the decision maker determines that the facility cannot meet the dimensional standard and accomplish the purpose for which it is intended and the facility is located, designed, and constructed to meet specified dimensional 94 517 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM standards to the maximum extent feasible, and the modification is in conformance with the provisions of SNIP 23.50.07 for non -conforming development and uses. d. Roads, railways and other essential public facilities that must cross shorelines and are necessary to access approved water -dependent development. e. Stairs and walkways no greater than 4 feet in width nor 18 inches in height above grade, except for railings. Shared moorages shall not be subject to sideyard setbacks when located on or adjacent to a property line shared in common by the project proponents and where appropriate easements or other legal instruments have been executed providing for ingress and egress to the facility. 8. Height limits contained in this Program for accessory structures in the Rural, Resource or Conservancy shoreline environments shall not apply within shoreline jurisdiction of the Nooksack and Sumas Rivers beyond 150 ft from the OHWM. 518 CHAPTER 9 — GENERAL POLICIES AND REGULATIONS SMP Table 23.90.13.0 Buffer, Setbacks, Height, Open Space, and Impervious Surface Coverage Standards for Shoreline Development Shoreline Uses Shoreline Area Des! nation Urban Urban Resort Urban Conservancy Shoreline Residential Rural Resource Conservancy Natural Aquatic Agriculture Shore Setback tco Per Wham Count Critical Areas Ordinance, WCC 16.16 Buffers 'Side Setback 20' N/A 20' 20' 20' 20' 20' N/A N/A Height Limit a/b 35' N/A 35' / 35' 35' / 35- 35'/35- 35' / 35' 35' / 35' N/A N/A Impervious Surface Covera a Per the underlying zone district, WCC Title 20. °O 10% 00 10% Per the underlying zone district, WCC Title 20. A uaculture Shore Setback Per Whatcom County Critical Areas Ordinance, WCC 16.16 Buffers 'Side Setback 10, 10' 10, 10' 1 10' 10, 15, N/A N/A *Height Limit a/b 25' / 35' 25' / 35' 20' / 30' 25' / 35' 20' / 30' 20' / 30' 15' / 25' N/A 10, Open Space % 30% 40% 50% 30% 50% 50% 60% N/A N/A Impervious Surface Coverage Per the underlying zone district, WCC Title 20. °O 10% °° 10% Per the underlying zone district, WCC Title 20. Commercial Shore Setback Per Whatcom County Critical Areas Ordinance, WCC 16.16 Buffers 'Side Setback 5' + 5' + 10' + 10' + 10' + 10' + 15' + N/A N/A *Height Limit a/b/ 25' / 35' 25' / 35' 20' / 30' 25' / 35' 20' / 30' 20' / 30' 15' / 25' N/A 15' Open Space % c/d 30%/15% 40% / 20% 60% / 30% 30%/15% 50% / 25% 50% / 25% 60% / 30% N/A N/A Impervious Surface Coverage Per the underlying zone district, WCC Title 20. O° 10% °O 10% Per the underlying zone, district, WCC Title 20. Boating Facilities: Marinas and Launch Ramps Shore Setback Per Whatcom County Critical Areas Ordinance, WCC 16.16 Buffers 'Side Setback 10, 10, 10' 1 10, 10, 10, 15, N/A N/A *Height Limit a/b 25' / 35' 25' / 35' 25' / 35' 25' / 35' 20' / 25' 20' / 25' 15'/25- N/A N/A Open Space % c/d 15% 30% 50% 15% 30% 30% 5o% N/A N/A Impervious Surface Coverage Per the underlying zone district, WCC Title 20. o0 0 10 /0 00 o 10 /o Per the underlying zone district, WCC Title 20. Minln Shore Setback Per Whatcom County Critical Areas Ordinance, WCC 16.16 Buffers 96 519 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM Shoreline Uses Shoreline Area Desilination Urban Urban Resort Urban Conservancy Shoreline Residential Rural Resource Conservancy Natural Aquatic 'Side Setback N/A N/A N/A N/A 50' 50, 100, N/A N/A Open Space % N/A N/A N/A N/A 50% 50% 50% N/A N/A Impervious Surface Coverage Per the underlying zone district, WCC Title 20. ❑❑ 10% ❑❑ 10% Per the underlying zone district, WCC Title 20. Industrial and Port Development Shore Setback Per Whatcom County Critical Areas Ordinance, WCC 16.16 Buffers 'Side Setback 30' 10, 30' 30' 40' 40' 60' N/A N/A Height Limit a/b 35' / 35' 15' / 25' 20' / 30' 35' / 35':::::::1 25' / 35' 25' / 35' 25' / 35' N/A 20' Open Space % 30% 40% 60% 1 30% 50% 50% 60% N/A N/A Impervious Surface Coverage Per the underlying zone district, WCC Title 20. ❑❑ o 10 /0 ❑❑ o 10 /o Per the underlying zone district, WCC Title 20. Recreation Shore Setback Per Whatcom Count Critical Areas Ordinance, WCC 16.16 Buffers 'Side Setback 10, 10, 15' 10, 15' 15, 20' 20' N/A *Height Limit a/b 25' / 35' 25' / 35' 20' / 35' 25' / 35' 20' / 35' 20' / 35' 15' / 25' 10' / 15' 15, Open Space % c/d 30% / 25% 40% / 40% 50%/60% 30% / 25% 50%/60% 50%/60% 60% / 75% 95% N/A Impervious Surface Coverage Per the underlying zone district, WCC Title 20. ❑❑ o 10 /0 ❑❑ o 10 /o Per the underlying zone. district, WCC Title 20. Residential — Sin le Family & Duplex Shore Setback Per Whatcom Count Critical Areas Ordinance, WCC 16.16 Buffers 'Maximum Density 6:1 ac. 22:1 ac. 6:1 ac. 6:1 ac. 1:1 ac. 1:20 ac. 1:1 ac. N/A N/A 'Side Setback 5' 5' 10' 5' 10, 10, 15, 15' N/A Height Limit a/b 30' / 30' 30' / 30' 30' / 35' 30' / 30' 30' / 35' 30' / 35' 30' / 35' 30' / 35' N/A Impervious Surface Coverage Per the underlying zone district, WCC Title 20. ❑❑ o 10 k ❑❑ o 10 /o Per the underlying zone district, WCC Title 20. Residential — Multifamily3.6 units Shore Setback Per Whatcom Count Critical Areas Ordinance WCC 16.16 Buffers ❑ Maximum Density 6:1 ac. 22:1 ac. 6:1 ac. 6:1 ac. 1:1 ac. 1:20 ac. 1:1 ac. N/A N/A 'Side Setback e/ 5' + 5' + 15' + 5' + 15' + 15' + 20' N/A N/A *Height Limit a/b/ 30' / 40' 30' / 40' 30' / 35' 30' / 40' 30' / 35' 30' / 35' 30' / 35' N/A N/A Open Space % 30% 40% 60% 30% 50% 50% 60% N/A N/A Impervious Surface Coverage Per the underlying zone district, WCC Title 20. °O 10% ❑❑ 10% Per the underlying zone district, WCC Title 20. Residential — Multifamily 7+ units 97 520 CHAPTER 9 — GENERAL POLICIES AND REGULATIONS Shoreline Uses Shoreline Area Desi nation Urban Urban Resort Urban Conservancy Shoreline Residential Rural Resource Conservancy Natural Aquatic Shore Setback Per Whatcom County Critical Areas Ordinance, WCC 16.16 Buffers ❑ Maximum Density 6:1 ac. 22:1 ac. 6:1 ac. 6:1 ac. 1:1 ac. 1:20 ac. 1:1 ac. N/A N/A 'Side Setback e/ 5' + 5' + 15' + 5' + 15' + 15' + 20' N/A N/A *Height Limit a/b/ 30' / 40' 30' / 40' 30' / 35' 30' / 40' 30' / 35' 30' / 35' 30' / 35' N/A N/A Op en Space 30% 40% 50% 30% 50% 50% 60% N/A N/A Impervious Surface Coverage Per the underlying zone district, WCC Title 20. ❑❑ o 10 /0 ❑❑ o 10 /o Per the underlying zone district, WCC Title 20. Residential — Decks & Accessory Structures Shore Setback Per Whatcom County Critical Areas Ordinance WCC 16.16 Buffers 'Side Setback 5' 5' 10, 5' 10' 10' 15, 15' N/A *Height Limit 16 15' 15, 15' 15' 15' 15' 15, N/A Trans ortatlon Facilities Shore Setback Per Whatcom Count Critical Areas Ordinance, WCC 16.16 Buffers Signs **Shore Setback Per Whatcom CountyCritical Areas Ordinance, WCC 16.16 Buffers 'Side Setback 5' 5' 1 5' 1 10' 10, 15' N/A N/A *Height Limit a/b 10' / 15' 10' / 15' 6' / 10' 10'/15' 6' / 10' 6' / 10' 6' / 10' N/A 10' Utilities Shore Setback Per Whatcom County Critical Areas Ordinance, WCC 16.16 Buffers 'Side Setback 5' 5' 10, 5' 10' 10, 15' N/A N/A *Height Limit alb 20' / 35' 20' / 35' 20' / 20' 20' / 35' 20' / 20' 20'/20- 20' / 20' N/A N/A Open Space % 30% 40% 60% 30% 50% 50% 60% N/A N/A Impervious Surface Coverage Per the underlying zone district, WCC Title 20. ❑❑ 10% ❑❑ 10% Per the underlying zone district, WCC Title 20. All Other Development Shore Setback Per Whatcom Count Critical Areas Ordinance, WCC 16.16 Buffers 'Side Setback 10, 10' 10' 10' 15' 15' 20' N/A N/A *Height Limit a/b 25' / 35' 25' / 35' 25' / 35' 20' / 30" 20' / 30' 20' / 30' 20' / 30' N/A N/A Open Space % 30% 40% 60% 30% 50% 50% 60% N/A N/A Impervious Surface Coverage Per the underlying zone district, WCC Title 20. ❑❑ 10% ❑❑ 10% Per the underlying zone district, WCC Title 20. a = Applies to structures within 100 feet of OHWM or wetland edge b = Applies to structures more than 100 feet from OHWM orwelland edge c = Applies to development that includes overnight lodging d = Applies to development that does not include overnight lodging 98 521 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM e = Applies to structures not more than 35 feet high f = Applies to structures more than 35 feet high g = Height limit may be increased to 75 ft via conditional use permit — see Ch 23.90.13.8.5 + = Add 5 feet of setback for each 5 feet of height over 15 feet = Maximum height for accessory buildings is 15 feet = See SMP 23.100.14.8.10 — 6.14. • = Roof overhangs or other architectural features shall not project further than 18 inches into the side yard setbacks. ° = Maximum allowable development density shall be calculated pursuant to the applicable underlying zone district, per WCC Title 20; provided that, maximum allowable density in dwelling units/acre shall not exceed the density ratios identified above, Density shall be calculated based on the total area of the parent parcel including those areas located outside of shoreline jurisdiction. Submerged lands and/or tidelands within the boundaries of any waterfront parcel that are located waterward of the ordinary high water mark shall not be used in density calculations. p° = Where the maximum total impervious surface percentage does not allow 2,500 square feet of total impervious surface area, 2,500 square feet shall be allowed. N/A = Not Applicable 99 522 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM Chapter 10 Shoreline Use Policies and Regulations 23.100.01 Shoreline Use and Development Shoreline use and development shall be classified by the Administrator and regulated under one or more of the following applicable sections of Chapter 10. Unless otherwise stated, all use and development shall also comply with all of the General Policies and Regulations of Chapter 9 and, if applicable, the policies of Chapter 4. 100 NOT EFFECTIVE -PENDING DEPARTMENT OF ECOLOGY APPROVAL 523 CHAPTER 10 — SHORELINE USE AND DEVELOPMENT SMP Table 23.100.01Shoreline Use by Area Designation(a) Shoreline Uses IShoreline Area Designation Urban Urban Resort Urban ConservancyResidential Shoreline Rural Resource Conservancy Natural Aquatic Cherry Point Agriculture P- X P- P- P P P P X A uaculture P P' P P P P P P P Commercial salmon net pen facilities X(') X(*) X(') XGI X(*) X(*) X(') X(') X(*) Boatina Facilities Launch Rams 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 PH CH X X(') Nonwater-oriented commercial C CH (;F) C C CH CH X X Dredging C C C C C C C X' C(*)X' Essential Public Facilities C C C C C C C X C Flood Control and Instream Structures P P P P P P C 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 Water -oriented industrial and port development P xW X X PH PH / C X X P/ CH PHI'� Nonwater-oriented industrial and port development C X X X C CH X X X X Dams, diversion and C X C C C C C X P 101 524 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM Shoreline Uses Shoreline Area Designation Urban Urban Urban Shoreline Rural Resource Conservancy Natural Aquaticibl Cherry Resort ConservancyResidential Point tailrace structures for hydroelectric power generation Institutional C C C C C C C X X X Landfill and Excavation P P P PP P P-/C X* C-!X X' Mining Surface oil or gas X X X X X X X X X X drilling Moorage: Docks, Piers and Mooring Buo Is 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 C Xi'i C C C C C X(*) P moorage Industrial moorage C X X X C C X X* P P Covered moorage accessory to C C X C X X X X P C permitted moorage Float plane moorage accessory to C C C CTc C C X P ermitted moorage Recreational Water -oriented P. P P P P(`) P(`)(_) Pc'1(-) P / C(-) P(`)(-) recreation Residential P P P-/C P P P- P-/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 C(l) c_I C C C C(+)c_i X C Citi(-) ietties Bulkheads and C C C C C C C X C revetments Bioengineering P P P P P P P P P' P 102 525 CHAPTER 10 — SHORELINE USE AND DEVELOPMENT Shoreline Uses Shoreline Area Desi nation Urban Urban Urban Shoreline Rural Resource Conservancy Natural Aquatic(b) Cherry Resort ConservancyResidential Point approaches Signs P P P P P P P X* P- P Transportation P P P- P P P P- X* PH/C- PH Transportation facilities not serving C C X C C C X X C X a specific approved use Utilities Local distribution P P P(-) / C P P P P(-) / C XW P / P (-)(+) facilities &I/X Regional transmission C C C C C C C X CH / X C facilities Desalinization C C C C C C C X PH PH facilities P = Permitted, may be subject to policies and regulations of this Program and subject to Shoreline Substantial Development Permit requirements C = Shoreline Conditional Use, subject to policies and regulations of this Program and may be subject to Shoreline Substantial Development Permit requirements X = Prohibited N/A = Not applicable. (—) Subject to limitations. (+) Subject to conditions. (•) Subject to exceptions. (a) In the event that there is a conflict between the use(s) identified In Table 23.100.01 and the policies or regulations in Chapters 3, 9, or 10, the policies and regulations shall apply. (b) Aquatic: Water -dependent use only, subject to the use and development regulations of the abutting upland shoreline area designation. 103 526 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM 23.100.02 Agriculture 23.100.02.A Agriculture — Policies 1. This Program recognizes the importance of agriculture in Whatcom County and supports its continued economic viability. This Program allows for ongoing agricultural activities and should protect agricultural lands from conflicting uses such as intensive or unrelated residential, industrial or commercial uses, while also maintaining shoreline ecological functions and processes. 2. Agricultural uses and development in support of agricultural uses should be conducted in such a manner as to assure no net loss of shoreline ecological functions and processes and avoid substantial adverse impacts on other shoreline resources and values. 3. Conversion of agricultural uses to other uses should comply with all policies and regulations for non-agricultural uses. 23.100.02.13 Agriculture — Regulations 1. Agricultural activities within shorelines are governed by the critical area regulations in WCC 16.16 including the Conservation Program on Agricultural Lands (CPAL) provided for in WCC 16,16.290. 2. Accessory uses and buildings shall observe critical area buffer requirements as defined in WCC 16.16; except that, utility development associated with an approved agriculture activity or development may encroach on critical area buffers where it can be demonstrated that the proposed utility development is essential to the agriculture activity or development and that such development complies with the general provisions of WCC 16.16; such utilities shall be placed underground where feasible. 3. Intentional discharge of any manure storage facility into ground or surface water is prohibited. 4. New feedlots are prohibited in critical area buffers as defined in WCC 16.16. 5. Conversion of agricultural uses to other uses shall comply with the provisions of WCC 16.16 and this Program for the proposed use. 23.100.02.0 Agriculture — Shoreline Area Regulations 1. Urban: Agricultural activities are permitted subject to policies and regulations of this Program, except that new liquid manure storage facilities and liquid manure spreading are not permitted. 2. Urban Resort: New agricultural activities are prohibited. 3. Urban Conservancy: Agricultural activities are permitted subject to policies and regulations of this Program, except that new animal feeding operations/concentrated animal feeding operations (AFO/CAFOs) are not permitted. 104 527 CHAPTER 10 -AGRICULTURE 4. Shoreline Residential: Agricultural activities are permitted subject to policies and regulations of this Program, except that new liquid manure storage facilities and liquid manure spreading are not permitted. 5. Rural: Agricultural activities are permitted subject to policies and regulations of this Program. 6. Resource: Agricultural activities are permitted subject to policies and regulations of this Program. 7. Conservancy: Agricultural activities are permitted subject to policies and regulations of this Program. 8. Natural: Low intensity agricultural activities are permitted subject to policies and regulations of this Program; provided that, the use does not expand or alter agricultural practices in a manner inconsistent with the purpose of this designation. All other agricultural activities are prohibited. 9. Aquatic: New agricultural activities are prohibited. Farming of fin fish, shellfish and management of other aquatic products are subject to the policies and regulations for Aquaculture under SMP 23.100.03. 105 528 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM 23.100.03 Aquaculture Aquaculture in shoreline areas shall be subject to the policies and regulations of this Section and Chapter 9. Nothing in these policies or regulations may be construed as to impinge on tribal treaty rights exercised within Usual and Accustomed Areas. See also policy SMP 23.100.03.A.8 and regulation SNIP 23.100.03.B.1.u. 23.100.03.A Aquaculture — Policies Aquaculture is a water -dependent use and, when consistent with control of pollution and avoidance of adverse impacts to the environment and preservation of habitat for resident native species, is a preferred use of the shoreline (WAC 173-26-241(3)(b)). 2. Potential locations for aquaculture activities are relatively restricted because of specific requirements related to water quality, temperature, oxygen content, currents, adjacent land use, wind protection, commercial navigation, and salinity. The technology associated with some forms of aquaculture is still experimental and in formative states. Therefore, some latitude should be given when implementing the regulations of this section, provided that potential impacts on existing uses and shoreline ecological functions and processes should be given due consideration. 3. Preference should be given to those forms of aquaculture that involve lesser environmental and visual impacts and lesser impacts to native plant and animal species. In general, projects that require no structures, submerged structures or intertidal structures are preferred over those that involve substantial floating structures. Projects that involve little or no substrate modification are preferred over those that involve substantial modification. Projects that involve little or no supplemental food. sources, pesticides, herbicides or antibiotic application are preferred over those that involve such practices. 4. Community restoration projects associated with aquaculture should be reviewed and permitted in a timely manner. 5. Aquaculture activities should be designed, located and operated in a manner that supports long term beneficial use of the shoreline and protects and maintains shoreline ecological functions and processes. Aquaculture should not be permitted where it would result in a net loss of shoreline ecological functions; adversely affect the quality or extent of habitat for native species including eelgrass, kelp, and other macroalgae; adversely impact other habitat conservation areas; or interfere with navigation or other water - dependent uses. 6. Aquaculture that involves significant risk of cumulative adverse effects on water quality, sediment quality, benthic and pelagic organisms, and/or wild fish populations through potential contribution of antibiotic resistant bacteria, or escapement of non-native species, or other adverse effects on ESA -listed species should not be permitted. 7. The County should actively seek substantive comment on any shoreline permit application for aquaculture from all appropriate Federal, State and local agencies; the 106 529 CHAPTER 10 - AQUACULTURE Lummi Nation, Nooksack Tribe, and other affected tribes; and the general public regarding potential adverse impacts. Comments of nearby residents or property owners directly affected by a proposal should be considered and evaluated, especially in regard to use compatibility and aesthetics. The rights of treaty tribes to aquatic resources within their usual and accustomed areas should be addressed through the permit review process. Direct coordination between the applicant/proponent and the tribe should be encouraged. 9. Consideration should be given to both the potential beneficial impacts and potential adverse impacts that aquaculture development might have on the physical environment; on other existing and approved land and water uses, including navigation; and on the aesthetic qualities of a project area. 10. Legally established aquaculture enterprises, including authorized experimental projects, should be protected from incompatible uses that may seek to locate nearby. Use or developments that have a high probability of damaging or destroying an existing aquaculture operation may be denied. 11. Experimental aquaculture projects in water bodies should be limited in scale and should be approved for a limited period of time. Experimental aquaculture means an aquaculture activity that uses methods or technologies that are unprecedented or unproven in the State of Washington. 23.100.03.113 Aquaculture Regulations 23.100.03.B.1 Site Design and Operation a. Aquaculture activities proposed within shorelines of statewide significance shall be subject to, first, the policies contained in Chapter 4, Shorelines of Statewide Significance, and, second, the policies and regulations contained in this section. Aquaculture that involves little or no substrate modification shall be given preference over those that , involve substantial modification. The applicant/proponent shall demonstrate that the degree of proposed substrate modification is the minimum necessary for feasible aquaculture operations at the site. C. The installation of submerged structures, intertidal structures, and floating structures shall be allowed only when the applicant/proponent demonstrates that no alternative Method of operation is feasible. d. Aquaculture proposals that involve substantial substrate modification or sedimentation through dredging, trenching, digging, mechanical clam harvesting, or other similar mechanisms, shall not be permitted in areas where the proposal would adversely impact existing kelp beds or other macroalgae, eelgrass beds or habitat conservation areas. e. Aquaculture activities, which would have a significant adverse impact on natural, dynamic shoreline processes or which would result in a net loss of shoreline ecological functions, shall be prohibited. 107 530 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM Aquaculture practices shall be designed to minimize use of artificial substances and shall use chemical compounds that are least persistent and have the least impact on plants and animals. g. Commercial salmon net pen facilities shall not be located in Whatcom County waters, except for limited non-profit penned cultivation of wild salmon stocks during a limited portion of their lifecycle to enhance restoration of native stocks when such activities involve minimal supplemental feeding and no use of chemicals or antibiotics. h. Aquaculture uses and facilities shall be located at least 600 feet from any National Wildlife Refuge lands; except that: (1) Projects involving substantial substrate modification and/or fish net pens, if authorized, shall be located 1,500 feet or more from such areas. (2) Lesser distances may be authorized by permit if it is demonstrated by the applicant/proponent that the wildlife resource will be protected and if the change is supported by the WDFW, the Lummi Nation and/or Nooksack Tribe. (3) Greater distances may be required if supported by the reviewing resource agencies and/or where there is sound evidence demonstrating that a greater distance is required. If uncertainty exists regarding potential impacts of a proposed aquaculture activity, and for all experimental aquaculture activities, baseline and periodic operational monitoring by a County -approved consultant (unless otherwise provided for) may be required, at the applicant's/proponent's expense, and shall continue until adequate information is available to determine the success of the project and/or the magnitude of any probable significant adverse environmental impacts. Permits for such activities shall include specific performance measures and provisions for adjustment or termination of the project at any time if monitoring indicates significant, adverse environmental impacts that cannot be adequately mitigated. Aquaculture developments approved on an experimental basis shall not exceed 5 acres in area (except land based projects and anchorage for floating systems) and three (3) years in duration; provided that, the County may issue a new permit to continue an experimental project as many times as is deemed necessary and appropriate. k. The County shall reserve the right to require aquaculture operations to carry liability insurance in an amount commensurate with the risk of injury or damage to any person or property as a result of the project. Insurance requirements shall not be required to duplicate requirements of other agencies. Where aquaculture activities are authorized to use public facilities, such as boat launches or docks, the County shall reserve the right to require the applicant/proponent to pay a portion of the cost of maintenance and . any required improvements commensurate with the use of such facilities. M. New aquatic species that are not previously cultivated in Washington State shall not be introduced into Whatcom County saltwaters or freshwaters without prior written approval of the Director of the Washington State Department of Fish and Wildlife and the Director of the Washington Department of Health. In saltwaters, the County shall not issue 108 531 CHAPTER 10 - AQUACULTURE permits for projects that include the introduction of such organisms until it has also received written comment from the Marine Resources Committee, the Lummi Nation and the Nooksack Tribe, provided that such comment is received in a timely manner. This regulation does not apply to Pacific, Olympia, Kumomoto, Belon or Virginica oysters; Manila, Butter, or Littleneck clams; or Geoduck clams. n. Unless otherwise provided in the shoreline permit issued by the County, repeated introduction of an approved organism in the same location shall require approval by the County only at the time the initial aquaculture use permit is issued. Introduction, for purposes of this section, shall mean the placing of any aquatic organism in any area within the waters of Whatcom County regardless of whether it is a native or resident organism within the county and regardless of whether it is being transferred from within or without the waters of Whatcom County. o. For aquaculture projects using over -water structures, storage of necessary tools and apparatus waterward of the ordinary high water mark shall be limited to containers of not more than 3 feet in height, as measured from the surface of the raft or dock; provided that, in locations where the visual impact of the proposed aquaculture structures will be minimal, the County may authorize storage containers of greater height. In such cases, the burden of proof shall be on the applicant/proponent. Materials, which are not necessary for the immediate and regular operation of the facility, shall not be stored waterward of the ordinary high water mark. P. No processing of any aquaculture product, except for the sorting or culling of the cultured organism and the washing or removal of surface materials or organisms after harvest, shall occur in or over the water unless specifically approved by permit. All other processing and processing facilities shall be located on land and shall be subject to the policies and regulations of SMP 23.100.07, Industrial and Port Development, in addition to the policies and regulations in this section. q. Aquaculture wastes shall be disposed of in a manner that will ensure strict compliance with all applicable governmental waste disposal standards, including but not limited to the Federal Clean Water Act, Section 401, and the Washington State Water Pollution Control Act (RCW 90.48). No garbage, wastes or debris shall be allowed to accumulate at the site of any aquaculture operation. Predator control shall not involve the killing or harassment of birds or mammals. Approved controls include, but are not limited to, double netting for seals, overhead netting for birds, and 3-foot high fencing or netting for otters. The use of other non -lethal, non -abusive predator control measures shall be contingent upon receipt of written approval from the National Marine. Fisheries Service and/or the U.S. Fish and Wildlife Service, as required. S. Fish net pens and rafts shall meet the following criteria in addition to the other applicable regulations of this section: (1) Fish net pens shall meet, at a minimum, State approved administrative guidelines for the management of net pen cultures. In the event there is a conflict in requirements, the more restrictive requirement shall prevail. (2) Fish net pens shall not occupy more than 2 surface acres of water area, excluding booming and anchoring requirements. Anchors that minimize disturbance to 109 532 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM substrate, such as helical anchors, shall be employed. Such operations shall not use chemicals or antibiotics. (3) Aquaculture proposals that include net pens or rafts shall not be located closer than 1 nautical mile to any other aquaculture facility that includes net pens or rafts; provided that, a lesser distance may be authorized if the applicant/proponent can demonstrate that the proposal will be consistent with the environmental and aesthetic policies and objectives of this Program. If a lesser distance is requested, the burden of proof shall be on the applicant/proponent to demonstrate that the cumulative impacts of existing and proposed operations would not be contrary to the policies and regulations of this Program. (4) Net cleaning activities shall be conducted on a frequent enough basis so as not to violate state water quality standards. When feasible, the cleaning of nets and other apparatus shall be accomplished by air drying, spray washing, or hand washing. (5) In the event of a significant fish kill at the site of a net pen facility, the fin fish aquaculture operator shall submit a timely report to the Whatcom County Environmental Health Division and the Whatcom County Planning and Development Services Department stating the cause of death and shall detail remedial action(s) to be implemented to prevent reoccurrence. t. All floating and submerged aquaculture structures and facilities in navigable waters shall be marked in accordance with U.S. Coast Guard requirements. U. The rights of treaty tribes to aquatic resources within their usual and accustomed areas shall be addressed through direct coordination between the applicant/proponent and the affected tribe(s) through the permit review process. Aquaculture structures and equipment shall be of sound construction and shall be so maintained. Abandoned or unsafe structures and/or equipment shall be removed or repaired promptly by the owner. Where any structure might constitute a potential hazard to the public in the future, the County shall require the posting of a bond commensurate with the cost of removal or repair. The County may abate an abandoned or unsafe structure, following notice to the owner, if the owner fails to respond in thirty (30) days and may impose a lien on the related shoreline property or other assets in an amount equal to the cost of the abatement. Bonding requirements shall not duplicate requirements of other agencies. 23.100.03.13.2 Application Requirements a. Applications for aquaculture use or development shall include in their applications all information necessary to conduct a thorough evaluation of the proposed aquaculture activity, including but not limited to the following: (1) A site plan map including: (a) The perimeter of the proposed aquaculture operations area. (b) Existing bathymetry depths based on Mean Lower Low Water (MLLW datum). 110 533 CHAPTER 10—AQUACULTURE (c) Adjacent upland use, vegetation, presence of structures, docks, bulkheads and other modifications. If there are shore stabilization structures, provide the beach elevation at the toe of the structure and the top of the structure (MLLW datum). (d) Areas where specific substrate modification will take place or structures will be constructed or installed. (e) Access provisions for barges or track equipment. (f) Location of storage or processing structures or facilities. (2) A baseline description of existing conditions, including best available information on: (a) Water quality (b) Tidal variations (c) Prevailing storm wind conditions (d) Current flows (e) Flushing rates (f) Littoral drift (g) Areas of differing substrate composition. (h) Areas of aquatic, intertidal, and upland vegetation complexes. (i) Existing shoreline or water uses and structures. a) Aquatic and benthic organisms. (k) A vegetation habitat survey must be conducted. The WDFW must be contacted prior to the survey to ensure.it is conducted according to the most current WDFW eelgrass/macroalgae survey guidelines. (1) Assessment of aquatic species, including forage fish, and spawning and other lifecycle use of, or adjacent to, the site. Further baseline studies including surveys and sampling may be required depending upon the adequacy of available information, existing conditions, and the nature of the proposal. (3) A detailed description of the project proposal including: (a) Species to be reared. (b) Substrate modification or vegetation removal. 111 534 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM (c) Planting, harvest and processing location, method and timing, including work proposal and construction techniques proposed (list all hand tools, machinery used (such as track hoes, trucks or barges), type of work, frequency, and duration. (4) Anticipated use of any feed, pesticides, herbicides, antibiotics, vaccines, growth stimulants, antifouling agents, or other chemicals, and an assessment of predicted impacts. No such materials shall be used until approval is obtained from all appropriate State and Federal agencies, including but not limited to the U.S. Food and Drug Administration, and the Washington State Departments of Ecology, Fish and Wildlife, and Agriculture, as required, and proof thereof is submitted to the County. Compounds with the least persistence shall be used. An annual report of antibiotic use shall be submitted to the Whatcom County Environmental Health Division. The report shall indicate the type and amount of antibiotics used during the previous calendar year. Actual usage data for all chemicals and antibiotics shall be maintained for review by County inspectors at all times. (5) Number of employees/workers necessary for the project, including average and peak employment. (6) Methods of waste disposal and predator control. (7) Methods to address pollutant loading, including biological oxygen demand (BOD). (8) Assessment of potential impacts on shoreline ecological functions and processes addressing the baseline conditions identified, including but not limited to indirect and cumulative effects. (9) For floating culture facilities or other structures, the County may require a visual impact analysis. (See the Department of Ecology's "Aquaculture Siting Study" 1986 for general approach.) Depending on the size and complexity of the proposal, such analysis may be prepared by the applicant/proponent, without professional assistance, provided that it includes an adequate assessment of impacts. (10) Information demonstrating that the site has natural potential for the type(s) of aquaculture proposed, due to necessary substrate or other conditions, as well as water quality suitable for the type(s) of aquaculture proposed. (11) Information demonstrating that the proposed aquaculture activities will not result in a net loss of shoreline ecological functions or processes or adversely affect habitat conservation areas as defined by WCC 16.16. (12) Information demonstrating that the proposed aquaculture activities will not substantially and materially conflict with areas devoted to established uses of the aquatic environment. Such uses include but are not limited to navigation, moorage, sport or commercial fishing, log rafting, underwater utilities, and scientific research. Existing public opportunities for gathering wild stock aquatic resources on public lands shall be addressed in any application for aquaculture on public tidelands or bedlands. Compensation for loss of public access to public aquatic resources may be required. (13) Other pertinent information deemed necessary by the Administrator. 112 535 CHAPTER 10 - AQUACULTURE b. Applications for aquaculture activities must demonstrate that the proposed activity will be compatible with surrounding existing and planned uses. (1) Aquaculture activities shall comply with all applicable noise, air, and water quality standards. All projects shall be designed, operated and maintained to minimize odor and noise. (2) Aquaculture activities shall be restricted to reasonable hours and/or days of operation when necessary to minimize substantial, adverse impacts from noise, light, and/or glare on nearby residents, other sensitive uses or critical habitat. (3) Aquaculture facilities shall not introduce incompatible visual elements or substantially degrade the aesthetic qualities of the shoreline. Aquaculture structures and equipment, except navigation aids, shall be designed, operated and maintained to blend into their surroundings through the use of appropriate colors and materials. 23.100.03.0 Aquaculture — Shoreline Area Regulations Urban: Aquaculture activities are permitted subject to policies and regulations of this Program. 2. Urban Resort: Aquaculture activities are permitted subject to policies and regulations of this Program. Proposals containing. net pen facilities shall be located no closer than 1,500 feet from the OHWM of this environment, unless a specific lesser distance is determined to be appropriate based upon a visual impact analysis. Other types of floating culture facilities may be located within 1,500 feet of the OHWM but in such cases a visual analysis shall be mandatory. 3. Urban Conservancy: Aquaculture activities are permitted subject to policies and regulations of this Program. 4. Shoreline Residential: Aquaculture activities are permitted subject to policies and regulations of this Program. Proposals containing net pen facilities shall be located no closer than 1,500 feet from the OHWM of this environment, unless a specific lesser distance is determined to be appropriate based upon a visual impact analysis. Other types of floating culture facilities may be located within 1,500 feet of the OHWM but in such cases a visual analysis shall be mandatory. 5. Rural: Aquaculture activities are permitted subject to policies and regulations of this Program. Proposals containing net pen facilities shall be located no closer than 1,500 feet from the OHWM of this environment, unless a specific lesser distance is determined to be appropriate based upon a visual impact analysis. 6. Resource: Aquaculture activities are permitted subject to policies and regulations of this Program. 7. Conservancy: Aquaculture activities are permitted subject to policies and regulations of this Program. 113 536 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM 8. Natural: Aquaculture activities that do not require, structures, facilities or mechanized harvest practices and that will not result in the alteration of natural systems or features are permitted subject to policies and regulations of this Program. Aquatic: Aquaculture activities are permitted, subject to the use and development regulations of the abutting upland shoreline area designation. 114 537 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM 23.100.04 Boating Facilities: Marinas and Launch Ramps Boating facilities, including marinas and launch ramp development, in shoreline areas shall be subject to the policies and regulations of this Section and Chapter 9. Docks serving four (4) or fewer single family residences are subject to the policies and regulations of SNIP 23.100.09, Moorage: Docks, Piers, and Mooring Buoys. 23.100.04.A Boating Facilities — Policies Boating facilities, including marinas and launch ramps, are water -dependent uses and should be given priority for shoreline location. Boating facilities should also contribute to public access and enjoyment of waters of the state. Shorelines particularly suitable for marinas 'and launch ramps are limited and should be identified and reserved to prevent irreversible commitment for other uses having less stringent site requirements. 2. Regional needs for marina and boat launch facilities should be carefully considered in reviewing new proposals as well as in allocating shorelines for such development. Such facilities should be coordinated with park and recreation plans and, where feasible, co - located with port or other compatible water -dependent uses. Review of such facilities should be coordinated with recreation providers, including cities, adjacent counties, port districts, the Whatcom County Parks and Recreation Department, the Washington State Parks and Recreation Commission, and the Washington State Department of Natural Resources to avoid unnecessary duplication and to efficiently provide recreational resources while minimizing adverse impacts to shoreline ecological functions and processes. 3. Upland boat storage is preferred over new in -water moorage. Mooring buoys are preferred over docks and piers. Boating facilities that minimize the amount of shoreline modification are preferred. 4. Boating facilities should provide physical and visual public shoreline access and provide for multiple use, including water -related use, to the extent compatible with shoreline ecological functions and processes and adjacent shoreline use. 5. Accessory uses at marinas or launch ramps should be limited to water -oriented uses, or uses that provide physical or visual shoreline access for substantial numbers of the general public. 6. New or expanding boating facilities including marinas, launch ramps, and accessory uses should only be sited where suitable environmental conditions are present and should avoid critical saltwater habitat including kelp beds, eelgrass beds, spawning and holding areas for forage fish (such as herring, surf smelt and sandlance); subsistence, commercial and recreational shellfish beds; mudflats, intertidal habitats with vascular plants; and areas with which priority species have a primary association. 7. Boating facilities should be located and designed to avoid adverse effects upon coastal, riverine, and nearshore processes such as erosion, littoral or riparian transport, and accretion, and, should where feasible, enhance degraded, scarce, and/or valuable shore features including accretion shoreforms. 115 538 CHAPTER 10 - BOATING FACILITIES: MARINAS AND LAUNCH RAMPS 8. Launch ramps are preferred over marinas on accretion shores because associated impacts are often reversible and such structures will not normally interfere with littoral drift and accretion unless offshore defense structures or dredging are also required. 9. Non -regulatory methods to protect, enhance, and restore shoreline ecological functions and processes and other shoreline resources should be encouraged during the design, development and operation of boating facilities. Non -regulatory methods may include public facility and resource planning, education, voluntary protection and enhancement projects, or incentive programs. 10. Boating facilities should be located, designed and operated so that other appropriate water -dependent uses are not adversely affected. 11. Location and design of boating facilities should not unduly obstruct navigable waters and should avoid adverse effects to recreational opportunities such as fishing, shellfish gathering, pleasure boating, commercial aquaculture, swimming, beach walking, picnicking and shoreline viewing. 12. Boating facilities should be located, designed, constructed and maintained to avoid adverse proximity impacts such as noise, light and glare; aesthetic impacts to adjacent land uses; and impacts to public visual access to the shoreline. 23.100.04.E Boating Facilities — Regulations 23.100.04.B.1 Site Design and Operation Marinas or launch ramps shall not be permitted on the following marine shores unless it can be demonstrated that interference with littoral drift and/or degradation or loss of shoreline ecological functions and processes, especially those vital to maintenance of nearshore habitat, will not occur. Such areas include: (1) Feeder bluffs exceptional (2) High energy input driftways Marinas or launch ramps shall not be permitted within the following marine shoreline habitats because of their scarcity, biological productivity and sensitivity unless no alternative location is feasible, the project would result in a net enhancement of shoreline ecological functions, and the proposal is otherwise consistent with this Program: (1) Marshes, estuaries and other wetlands; (2) Tidal pools on rock shores; (3) Kelp beds, eelgrass beds, spawning and holding areas for forage fish (such as herring, surf smelt and sandlance); (4) Subsistence, commercial and recreational shellfish beds; and (5) Other critical saltwater habitats. 116 539 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM C. Marinas or launch ramps shall not be permitted on the following marine accretion shoreforms unless it can be demonstrated that no other alternative location is feasible, the project would result in a net enhancement of shoreline ecological functions, and the proposal is otherwise consistent with this Program. Hoists are preferred over dredged marinas or launch ramps at such locations: (1) Open points; (2) Spits and hooks; (3) Tombolos; (4) Open bay barrier beaches; (5) Accretional pocket beaches. d. Foreshore marinas or launch ramps may be permitted on low erosion rate marine feeder bluffs or on low energy input erosional driftways if the proposal is otherwise consistent with this Program. Foreshore marinas or launch ramps are prohibited on accretional lake shores because these natural features are uncommon on lakes and are highly valuable for recreation. e. Backshore marinas and launch ramps may be permitted on closed accretional points, closed accretional bluff and bay barrier beaches, or low energy input driftways, except where wetlands are present or it can be demonstrated that a foreshore location would result in fewer impacts to shoreline ecological functions and processes, natural features and uses. Marinas or launch ramps may be permitted on low bank lake shores where backshore wetlands are protected, or where wetlands are not present, if most of the beach and backshore are preserved in a natural condition for public or quasi -public recreation. g. Marinas shall not be permitted in low gradient, broad meander stream channel reaches, except where located on outer, concave bends or straight, moderately eroding or stable banks, so that dredging and/or shore protection will not be necessary. Marina basins or structures shall not be permitted on river point bars or other accretional beaches. A limited number of launch ramps may be permitted on accretion shoreforms, provided that any necessary grading will not adversely affect shoreline ecological functions or fluvial processes, and any accessory facilities are located out of the floodway. Marinas shall not be permitted in areas of active channel migration, where channel dredging will be required, if a flood hazard will be created, or if valuable shoreline ecological functions and processes will be degraded. Launch ramps may be located immediately downstream of accretion shoreforms, or on other non -erosional banks, where no or a minimum number of current deflectors will be necessary. 117 540 CHAPTER 10 - BOATING FACILITIES: MARINAS AND LAUNCH RAMPS k. Floating piers shall be required in rivers and streams unless it can be demonstrated that fixed piers will result in substantially less impact on geo-hydraulic processes and flood hazards can be minimized or mitigated. Where foreshore marinas are permitted: (1) Open pile or floating breakwater designs shall be used unless it can be demonstrated that riprap or other solid construction would not result in any greater net impacts to shoreline ecological functions or processes or shore features. (2) Solid structures shall not be permitted to extend without openings from the shore to zero tide level (Mean Lower Low Water, or MLLW), but shall stop short to allow sufficient shallow fringe water for fish passage. M. Foreshore and backshore marinas shall be designed to allow the maximum possible circulation and flushing of all enclosed water areas. n. New or expanding marinas with dredged entrances that adversely affect littoral drift to the detriment of other shores and their users shall be required to periodically replenish such shores with the requisite quantity and quality of aggregate as determined by professional coastal geologic engineering studies. o. Design and other standards for physical improvement of docks and piers are found in SMP 23.100.09, Moorage: Docks, Piers and Mooring Buoys. 23.100.04.13.2 Public Access a. New launch ramps shall be approved only if they provide public access to public waters, which are not adequately served by existing access facilities, or if use of existing facilities is documented to exceed the designed capacity. Prior to providing ramps at a new location, documentation shall be provided demonstrating that expansion of existing launch facilities would not be adequate to meet demand. Public access areas shall provide space and facilities for physical and/or visual access to water bodies, including feasible types of public shore recreation. b. Marinas and boat launches shall provide public access for as many water -dependent recreational uses as possible, commensurate with the scale of the proposal. Features for such access could include, but are not limited to docks and piers, pedestrian bridges to offshore structures, fishing platforms, artificial pocket beaches, and underwater diving and viewing platforms. 23.100.04.13.3 Site Considerations a. Marinas, launch ramps, and accessory uses shall be designed so that lawfully existing or planned public shoreline access is not unnecessarily blocked, obstructed nor made dangerous. b. Public launch ramps and/or marina entrances shall not be located near beaches commonly used for swimming, valuable fishing and shellfish harvest areas, or sea lanes used for commercial navigation unless no alternative location exists, and mitigation is 118 541 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM provided to minimize impacts to such areas and protect the public health, safety and welfare. C. Marinas and accessory uses shall be located only where adequate utility services are available, or where they can be provided concurrent with the development. d. Marinas, launch ramps, and accessory uses shall be located where water depths are adequate to avoid the need for dredging and minimize potential loss of shoreline ecological functions or processes. e. Marinas, launch ramps, and accessory uses shall be located and designed with the minimum necessary shoreline stabilization to adequately protect facilities, users, and watercraft from floods, abnormally high tides, and/or destructive storms. 23.100.04.B.4 Boat Storage a. Marinas shall provide dry upland boat storage with a launch mechanism to protect shoreline ecological functions and processes, efficiently use shoreline space, and minimize consumption of public water surface area unless: (1) no suitable upland locations exist for such facilities; or (2) it can be demonstrated that wet moorage would result in fewer impacts to ecological functions and processes; or (3) it can be demonstrated that wet moorage would enhance public use of the shoreline. b. Dry moorage and other storage areas shall be located away from the shoreline and be landscaped with native vegetation to provide a visual and noise buffer for adjoining dissimilar uses or scenic areas. C. New covered moorage for boat storage is prohibited. Covered over -water structures may be permitted only where vessel construction or repair work is to be the primary activity and covered work areas are demonstrated to be the minimum necessary over water. 23.100.04.B.5 Waste Disposal a. Marinas shall provide pump out, holding, and/or treatment facilities for sewage contained on boats or vessels. b. Discharge of solid waste or sewage into a water body is prohibited. Marinas and boat launch ramps shall provide adequate restroom and sewage disposal facilities in compliance with applicable health regulations. C. Garbage or litter receptacles shall be provided and maintained by the operator at several locations convenient to users. d. Disposal or discarding of fish or shellfish cleaning wastes, scrap fish, viscera, or unused bait into water or in other than designated garbage receptacles is prohibited. 119 542 CHAPTER 10 - BOATING FACILITIES: MARINAS AND LAUNCH RAMPS e. Marina operators shall post all regulations pertaining to handling, disposal and reporting of waste, sewage, fuel, oil or toxic materials where all users may easily read them. 23.100.04.6.6 Oil Product Handling, Spills, and Wastes Fail safe facilities and procedures for receiving, storing, dispensing, and disposing of oil or hazardous products, as well as a spill response plan for oil and other products, shall be required of new marinas and expansion or substantial alteration of existing marinas. Compliance with federal or state law may fulfill this requirement. Handling of fuels, chemicals or other toxic materials must be in compliance with all applicable Federal and State water quality laws as well as health, safety and engineering requirements. Rules for spill prevention and response, including reporting requirements, shall be posted on site. 23.100.04.B.7 Parking and Vehicle Access a. Parking facilities shall meet County zoning standards; provided that, at a minimum, one (1) vehicle space shall be maintained for every four (4) moorage spaces and for every 400 square feet of interior floor space devoted to accessory retail sales or service use. Bicycle parking shall be provided commensurate with the anticipated demand. b. Public or quasi -public launch ramps shall provide trailer spaces, at least 10 feet by 40 feet, commensurate with projected demand. Parking that does not require a shoreline location in order to carry out its functions shall: (1) be sited away from the land/water interface unless no feasible alternative location exists outside of the shoreline; (2) be planted or landscaped, preferably with native vegetation, to provide a visual and noise buffer for adjoining dissimilar uses or scenic areas; (3) observe critical area buffers in WCC 16.16; and (4) be designed to incorporate low impact development practices, such as pervious surfaces, and bioswales, to the extent feasible. d. Connecting roads between marinas and public streets shall have all weather surfacing, and be satisfactory to the County Engineer in terms of width, safety, alignment, sight distance, grade and intersection controls. 23.100.04.B.8 Launch Ramp Design a. Preferred ramp designs, in order of priority, are: (1) Open grid designs with minimum coverage of beach substrate. (2) Seasonal ramps that can be removed and stored upland. (3) Structures with segmented pads and flexible connections that leave space for natural beach substrate and can adapt to changes in beach profile. b. Ramps shall be placed and maintained near flush with the foreshore slope. 120 543 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM 23.100.04.13.9 Accessory Uses a. Accessory uses at marinas or launch ramps shall be limited to those water -oriented uses, or uses that provide physical or visual shoreline access for substantial numbers of the general public. Accessory development includes, but is not limited to, parking, open air storage, waste storage and treatment, stormwater management facilities, utility and upland transportation development. b. Water -oriented accessory uses reasonably related to marina operation may be located over water or at the waters edge by conditional use if an over -water or waters' -edge location is essential to the operation of the use or if opportunities are provided for public access for a substantial number of persons. 23.100.04.13.10 Application Requirements a. Applications for new boating facilities, including marinas and launch ramps, shall be approved only if enhanced public access to public waters outweighs the potential adverse impacts of the use. Applications shall be accompanied by supporting application materials that document the market demand for such facilities, including: (1) The total amount of moorage proposed; (2) The proposed supply, as compared to the existing supply within the service range of the proposed facility, including vacancies or waiting lists at existing facilities; (3) The expected service population and boat ownership characteristics of the population; (4) Existing approved facilities or pending applications within the service area of the proposed new facility. b. New marinas with in -water moorage and expansion of in -water moorage facilities in existing marinas shall be approved only when: (1) Opportunities for upland storage sufficient to meet the demand for moorage are not available on site; and (2) Expansion of upland storage at other existing marinas is not feasible. Applications shall document that a preferred method of providing moorage facilities is not feasible. Review of proposals involving public aquatic lands may be required to include an analysis of other alternative sites not controlled by the applicant/proponent. C. Applications for launch ramps shall contain: (1) A habitat survey. (2) A slope bathymetry map. (3) Evaluation of effects on littoral drift. 121 544 CHAPTER 10 - BOATING FACILITIES: MARINAS AND LAUNCH RAMPS d. Applications for marinas, launch ramps, and accessory uses shall include an, assessment of existing water -dependent uses in the vicinity including, but not limited to, navigation, fishing, shellfish harvest, pleasure boating, swimming, beach walking, picnicking and shoreline viewing and document potential impacts and mitigating measures. Impacts on these resources shall be considered in review of proposals and specific conditions to avoid or minimize impacts may be imposed. e. Marina and launch ramp proposals may be required to prepare a visual assessment of views from surrounding residential properties, public viewpoints and the view of the shore from the water surface. 23.100.04.13.11 Tabular Regulations: Setbacks, Height and Open Space for Marinas and Launch Ramp Development Minimum required setbacks from shorelines and side property lines, maximum height limits and open space requirements are contained in SMP 23.90.13 - Setback, Height and Open Space Standards for Shoreline Development. 23.100.04.0 Boating Facilities — Shoreline Area Regulations 1. Urban: Marinas and launch ramps are permitted subject to policies and regulations of this Program. 2. Urban Resort: Marinas and launch ramps are permitted subject to policies and regulations of this Program. 3. Urban Conservancy: Launch ramps are permitted subject to policies and regulations of this Program. Marinas may be permitted as a conditional use. 4. Shoreline Residential: Marinas and launch ramps are permitted subject to policies and regulations. of this Program. 5. Rural: Marinas and launch ramps are permitted subject to policies and regulations of this Program. 6. Resource: Marinas and launch ramps are permitted subject to policies and regulations of this Program. 7. Conservancy: Launch ramps are permitted subject to policies and regulations of this Program. Marinas may be permitted as a conditional use. 8. Natural: Marinas or launch ramps are prohibited; except that, primitive ramps to facilitate hand launching of small craft are permitted if materials and design are compatible with the site. 9. Aquatic: a. Marinas and launch ramps are permitted subject to the use and development regulations of the abutting upland shoreline area designation. 122 545 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM Covered over -water structures may be permitted only where vessel construction or repair work is to be the primary activity and covered work areas are demonstrated to be the minimum necessary over water. 123 546 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM 23.100.05 Commercial Use Commercial development in shoreline areas shall be subject to the policies and regulations of this Section and Chapter 9. 23.100.05.A Commercial Use — Policies In securing shoreline locations for commercial use, preference should be given first to water -dependent commercial uses, then to water -related, and water -enjoyment commercial uses. 2. Restoration of impaired shoreline ecological functions and processes should be encouraged as part of commercial development. 3. Commercial development should ensure visual compatibility with adjacent non- commercial properties. 4. Commercial uses located in the shoreline should provide public access in accordance with constitutional or other legal limitations unless such improvements are demonstrated to be infeasible or present hazards to life and property. 23.100.05.13 Commercial Use — Regulations 23.100.05.13.1 Allowed Use Commercial uses that result in no net loss of shoreline ecological functions and processes are allowed subject to the policies and regulations of SMP 23.90.03 and the specific criteria below: a. Water -dependent commercial uses shall be given preference over water -related and water -enjoyment commercial uses. Prior to approval of water -dependent uses, the Administrator shall review a proposal for design, layout and operation of the use and shall make specific findings that the use qualifies as a water -dependent use. b. Water -related commercial uses may not be approved if they displace existing water - dependent uses. Prior to approval of a water -related commercial use, the Administrator shall review a proposal for design, layout and operation of the use and shall make specific findings that the use qualifies as a water -related use. C. Water -enjoyment commercial uses may be not be approved if they displace existing water -dependent or water -related uses or if they occupy space designated for water - dependent or water -related use identified in a substantial development permit or other approval. Prior toapproval of water -enjoyment uses, the Administrator shall review a proposal for design, layout and operation of the use and shall make specific findings that the use qualifies as a water -enjoyment use. d. Nonwater-oriented commercial uses may be permitted as a conditional use where located on a site physically separated from the shoreline by another property in separate ownership or a public right-of-way such that access for water -oriented use is precluded, provided that such conditions were lawfully established prior to the effective date of this Program. All other nonwater-oriented commercial uses are prohibited in the shoreline 124 547 CHAPTER 10 -COMMERCIAL unless the use provides significant public benefit with respect to the objectives of the Act and is: (1) part of a mixed use project that includes a water -oriented use; or (2) proposed on a site where navigability is severely limited. e. When permitted, nonwater-oriented commercial uses shall provide access and/or restoration as follows: (1) Nonwater-oriented commercial uses shall provide public access in the form of unrestricted open space. The Administrator shall determine the amount of access in accordance with the provisions of SMP 23.90.08 on a case -by -case basis. (2) If no water -oriented commercial uses are located on or adjacent to the water as part of a mixed use development, eighty percent (80%) of the shoreline and associated buffers shall be preserved or restored to provide shoreline ecological functions that approximate the functions provided by the site in natural conditions. (3) The requirement in SMP 23.100.05.B.1.e(1) and (2) may be modified when: (a) The site is designated as a public access area by a shoreline public access plan, in which case public access consistent with that plan element shall be provided; or (b) Specific findings are made demonstrating that the size of the parcel and the presence of adjacent uses preclude restoration of shoreline ecological functions. Where on -site restoration is infeasible, equivalent off -site restoration shall be provided consistent with the policies and regulations of this Program. (4) Where restoration is proposed, buffers shall be designed as appropriate to protect shoreline resources based on a specific restoration plan and may differ from the standard critical area buffer dimensions provided in WCC 16.16, provided that the building envelope for the proposed nonwater-oriented use shall be based on current site conditions. (5) The requirements of this section (e) shall not apply to those nonwater-oriented commercial uses located on a site physically separated from the shoreline where access to the land/water interface is precluded. If water -oriented commercial uses are located on or adjacent to the water, the remaining undeveloped water frontage that is not devoted to water -dependent use shall be preserved in a substantially undeveloped condition until such time that an appropriate water -dependent use has been identified for the area. If the site has been previously altered by past development, the balance of the site may be reserved for future water - related use. 125 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM 23.100.05.B.2 Recreation Facilities Commercial recreation -oriented uses, including commercial resorts and rental campgrounds shall provide adequate access to water areas for their patrons or shall provide adequate on -site outdoor recreation facilities so that such resort or campground will neither be dependent on nor place undue burdens upon public access and recreational facilities. 23.100.05.B.3 Access and Utilities New and expanded commercial development shall install or establish access roads of sufficient capacity and with appropriate improvements to provide_ vehicular and pedestrian access to the site. Utilities shall be adequate to serve the demands of the proposed uses. 23.100.05.B.4 Over -water Structures a. Only those portions of water -dependent commercial uses that require over -water facilities such as boat fuel stations shall be permitted to locate waterward of the OHWM, provided they are located on piling or other open-work structures. b. Nonwater-dependent commercial uses shall not be allowed over water except in limited instances where they are appurtenant to and necessary in support of water -dependent uses. 23.100.05.B.5 Building Height As mandated by the Act (RCW 90.58.320), no permit may be issued for any new or expanded building or structure of more than 35 feet above average grade level on shorelines that will obstruct the view of a substantial number of residences on areas adjoining such shorelines, except where this Program does not prohibit such development and only when overriding considerations of the public interest will be served. b. Lodging developments over 35 feet in height may be allowed in resort communities within the Urban Resort shoreline area designation, subject to the requirements of SNIP 23.90.13.13.5. However, due to the potential for adverse impact upon adjacent uses and the community from such development, special consideration must be given to the following factors during review of such proposals: (1) Urban services, including sanitary sewers, public water supply, fire protection, storm drainage, and police protection, must be provided at adequate levels to protect the public health, safety, and welfare. (2) Circulation, parking areas, and outdoor storage or loading areas should be adequate in size and designed so that the public safety and local aesthetic values are not diminished. Such areas should be screened from open space areas by landscaping, fences or similar structures, or grade separation. (3) Recreational needs of building clientele must be provided for through several on - site recreation facilities and access to shorelines. The variety and number of on - site recreation facilities should increase proportionately as density increases. 126 549 CHAPTER 10 - COMMERCIAL 23.100.05.13.6 Tabular Regulations: Setbacks, Height and Open Space for Commercial Development Minimum required setbacks from shorelines and side property lines, maximum height limits and open space requirements are contained in SMP 23.90.13 - Setback, Height and Open Space Standards for Shoreline Development. 23.100.05.0 Commercial Use — Shoreline Area Regulations Urban: Water -oriented commercial use and development is permitted subject to policies and regulations of this Program. Nonwater-oriented commercial may be permitted as a conditional use subject to the criteria for such uses in SMP 23.100.05.B.1.d. 2. Urban Resort: Water -oriented resort oriented commercial use and development is permitted subject to policies and regulations of this Program. Nonwater-oriented commercial may be permitted as a conditional use subject to the criteria for such uses in SNIP 23.100.05.B.1.d. Commercial uses allowed in this designation are permitted either by themselves or as part of a structure or development also containing residential uses, subject to policies and regulations of this Program. 3. Urban Conservancy: Low intensity water -oriented commercial use and development limited to resort, bed and breakfast, campgrounds and similar facilities may be permitted as a conditional use. Low intensity nonwater-oriented commercial limited to resort, bed and breakfast, campgrounds and similar facilities may be permitted as a conditional use subject to the criteria for such uses in SMP 23.100.05.B.1.d. 4. Shoreline Residential: Water -oriented commercial use and development is permitted subject to policies and regulations of this Program. Nonwater-oriented commercial may be permitted as a conditional use subject to the criteria for such uses in SMP 23.100.05.B.1.d. 5. Rural: Water -oriented commercial use and development is permitted subject to policies and regulations of this Program. Nonwater-oriented commercial may be permitted as a conditional use subject to the criteria for such uses in SMP 23.100.05.B.1.d. 6. Resource: Water -oriented commercial use and development related to natural resource products predominantly produced on site is permitted subject to policies and regulations of this Program. Nonwater-oriented commercial related to natural resource products predominantly produced on site may be permitted as a conditional use subject to the criteria for such uses in SMP 23.100.05.B.1.d. 7. Conservancy: Low intensity water -oriented commercial use and development limited to resort, bed and breakfast, campgrounds and similar facilities may be permitted as a conditional use. Low intensity nonwater-oriented commercial limited to resort; bed and breakfast, campgrounds and similar facilities may be permitted as a conditional use subject to the criteria for such uses in SMP 23.100.05.B.1.d. 8. Natural: Commercial use and development is prohibited. 9. Aquatic: Commercial use and development is prohibited, except that water -dependent uses and appurtenant structures may be permitted subject to the use and development regulations of the abutting upland shoreline area designation. 127 550 CHAPTER 10 - FLOOD CONTROL WORKS AND INSTREAM STRUCTURES 23.100.06 Flood Control Works and Instream Structures Flood control works and instream structures in shoreline areas shall be subject to the policies and regulations of this Section and Chapter 9. 23.100.06.A Flood Control Works and Instream Structures — Policies 23.100.06.A.1 Purpose and Need a. New or expanding development or uses in the shoreline, including subdivision of land, that would likely require structural flood control works within a stream, channel migration zone, or floodway should not be allowed. b. Flood control works and instream structures should be planned and designed to be compatible with appropriate multiple uses of stream resources over the long term, especially in shorelines of statewide significance. C. Flood control works should only be allowed in the shoreline if they are necessary to protect existing development and where non-structural flood hazard reduction measures are infeasible. Flood control works to protect existing development should be permitted only when the primary use being protected is consistent with this Program, and the works can be developed in a manner that is compatible with multiple use of streams and associated resources for the long term, including shoreline ecological functions, fish and wildlife management, and recreation. 23.100.06.A.2 Design Considerations a. Flood control works should incorporate native vegetation to enhance ecological functions, create a more natural appearance, improve ecological processes, and provide more flexibility for long term shoreline management. Such features include vegetated berms; vegetative stabilization including brush matting and buffer strips; and retention of existing trees, shrubs and grasses on stream banks. b. Flood control works and instream structures should be located, designed, constructed and maintained so their resultant effects on geo-hydraulic shoreline processes will not cause significant damage to other properties or valuable shoreline resources, and so that the physical integrity of the shoreline process corridor is maintained C. To minimize flood damages and to maintain natural resources associated with streams, overflow corridors and other alternatives to traditional bank levees, revetments and/or dams should be considered. Setback levees and similar measures should be employed where they will result in lower flood peaks and velocities, and more effective conservation of resources than with high bank levees. d. Recognizing the large number of physical variables to be considered in properly locating and designing flood control works and instream structures, such as dams and weirs, and the high probability that poorly located and inadequately designed works will fail and/or 128 551 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM adversely affect properties and shore features, such works should be sited and designed consistent with appropriate engineering principles and WCC Title 17. e. Non-structural and non -regulatory methods to protect, enhance, and restore shoreline ecological functions and processes and other shoreline resources should be encouraged as an alternative to structural flood control works and instream structures. Non - regulatory and non-structural methods may include public facility and resource planning, land or easement acquisition, education, voluntary protection and enhancement projects, or incentive programs. Design of flood control works should incorporate continued long term multiple use of shoreline resources by all appropriate user groups. g. Design of flood control works should provide access to public shorelines whenever possible, unless it is demonstrated that public access would cause unavoidable public health and safety hazards, security problems, unmitigatable ecological impacts, unavoidable conflicts with proposed uses, or unreasonable cost. At a minimum, flood control works should not decrease public access or use potential of shorelines. 23.100.06.A.3 Coordination In cooperation with other. applicable agencies and persons, the County should continue to develop long term, comprehensive flood hazard management plans, such as the Lower Nooksack River Comprehensive Flood Hazard Management Plan, to prevent needless flood damage, maintain the natural hydraulic, capacity of floodways, and conserve valuable, limited resources such as fish, water, soil, and recreation and scenic areas. b. Planning and design of flood control works and instream structures should be consistent with and incorporate elements from applicable watershed management plans, restoration plans and/or surface water management plans. 23.100.06.113 Flood Control Works and Instream Structures — Regulations 23.100.06.13.1 Purpose and Need Flood control works shall be permitted when it is demonstrated by engineering and scientific evaluations that: (1) they are necessary to protect health/safety and/or existing development; (2) non-structural flood hazard reduction measures are infeasible; and (3) measures are consistent with an adopted comprehensive flood hazard management plan that evaluates cumulative impacts to the watershed system. b. New flood control works are prohibited on estuarine shores, on point and channel bars, and in salmon and trout spawning areas, except for the purpose of fish or wildlife habitat enhancement or restoration. C. New structural flood control works shall be placed landward of associated wetlands, and designated habitat conservation areas, except for works that improve ecological 129 552 CHAPTER 10 - FLOOD CONTROL WORKS AND INSTREAM STRUCTURES functions, such as wetland restoration. Revetments shall not be placed waterward of the OHWM except for weirs and current deflectors where necessary to protect bridges and roads. e. Revetments and levees shall be designed consistent with appropriate engineering standards and WCC Title 17. Height shall be limited to the minimum required to protect the adjacent lands from the designed flood and demonstrated through. hydraulic modeling that the height will not adversely impact shoreline ecological functions and processes. Where flood control works are necessary, they shall be setback at convex (inside) bends to allow streams to maintain point bars and associated aquatic habitat through normal accretion. Levees that have already cut off point bars, should be relocated where feasible to lower flood stages and current velocities. g. Where levees are necessary to protect floodway fringe areas, they shall be located and designed to protect shoreline ecological functions and processes. Such works should be located near the tangent to outside meander bends so that the stream can maintain normal meander progression and utilize most of its natural flood water storage capacity. h. Channelization projects that damage fish and wildlife resources, degrade recreation and aesthetic resources, or result in high flood stages and velocities shall not be permitted when feasible alternatives are available. No motor vehicles, appliances, other similar structures or parts thereof; nor structure demolition debris; nor any other solid waste shall be used for flood control works. j. Cut -and -fill slopes and back -filled areas shall be stabilized with brush matting and buffer strips and revegetated with native grasses, shrubs, or trees to prevent loss of shoreline ecological functions and processes. k. Flood control works and instream structures shall be constructed and maintained in a manner that does not degrade the quality of affected waters. The County may require reasonable conditions to achieve this objective such as setbacks, buffers, or storage basins. Natural instream features such as snags, uprooted trees, or stumps should be left in place unless it can be demonstrated that they are actually causing bank erosion or higher flood stages. M. Flood control works and instream structures shall allow for normal ground water movement and surface runoff. n. Flood control works and instream structures shall preserve valuable recreation resources and aesthetic values such as point and channel bars, islands, and braided banks. 23.100.06.13.2 Design and Operation 130 553 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM The County shall require professionally engineered design of any proposed flood control works or instream structure. b. The design of all dams and the suitability of the proposed site for dam construction shall be certified by a professional engineer licensed in the State of Washington. The professional design shall include a maintenance schedule. For all dams that are not regulated by either the Federal Energy Regulatory Commission licensing procedures, or the State Department of Ecology reservoir permit requirements, a maintenance agreement and construction bond for one -hundred -fifty percent (150%) of the cost of the structure shall be filed with the Director of the Public Works Department prior to construction. The maintenance agreement shall specify who is responsible for maintenance, shall incorporate the maintenance schedule specified by the design engineer, shall require annual inspections by a Civil Engineer licensed in the State of Washington and shall stipulate abandonment procedures which shall include, where appropriate, provisions for site restoration. d. No flood control works or instream structure may commence without the developer having obtained all applicable federal, state, and local permits and approvals, including but not limited to an HPA from the State Department of Fish and Wildlife. 23.100.06.0 Flood Control Works and Instream Structures — Shoreline Area Regulations Urban: Flood control works and instream structures are permitted subject to policies and regulations of this Program. 2. Urban Resort: Flood control works and instream structures are permitted subject to policies and regulations of this Program. 3. Urban Conservancy: Flood control works and instream structures are permitted subject to policies and regulations of this Program; provided that, channelization or dams for flood control are prohibited. 4. Shoreline Residential: Flood control works and instream structures are permitted subject to policies and regulations of this Program. 5. Rural: Flood control works and instream structures are permitted subject to policies and regulations of this Program; provided that, channelization or dams for flood control may be permitted as a conditional use. 6. Resource: Flood control works and instream structures are permitted subject to policies and regulations of this Program; provided that, channelization or dams for flood control may be permitted as a conditional use. 7. Conservancy: Flood control works and instream structures are permitted as a conditional use subject to policies and regulations; provided that, channelization or dams for flood control are prohibited. 8. Natural: Flood control works and instream structures are prohibited except for normal maintenance and repair. 131 554 CHAPTER 10 - FLOOD CONTROL WORKS AND INSTREAM STRUCTURES 9. Aquatic: Flood control works and instream structures are permitted subject to the use and development regulations of the abutting upland shoreline area designation. 132 555 CHAPTER 10 -INDUSTRIAL AND PORT 23.100.07 Industrial and Port Development Industrial and port development in shoreline areas outside of the Cherry Point Management Area shall be subject to the policies and regulations of this Section and Chapter 9. Cherry Point Management Area: All industrial and port development in shorelines within the Cherry Point Management Area as defined in Chapter 11 shall be subject to the policies and regulations found in SMP 23.100.17 instead of the policies and regulations of this section, unless otherwise specified therein. 23.100.07.A Industrial and Port Development — Policies Shoreline sites particularly suitable for development such as deep water harbors with access to adequate rail, highway and utility systems should be reserved for water - dependent or water -related industrial and port development. 2. In order to provide adequate shoreline for future water -dependent and water -related uses, industrial or port development at deep water sites should be limited to those uses that produce the greatest long term economic base. Industrial and port development that is consistent with this Program should be protected from encroachment or interference by incompatible uses with less stringent siting requirements, such as residential or commercial uses. Mixed use development, including nonwater-dependent uses, should only.be allowed when they include and support water -dependent uses. 3. Regional needs for port facilities should be carefully considered in reviewing new port` proposals and in allocating shorelines for such development. Such reviews or allocations should be coordinated with port districts, adjacent counties and cities, and the State. Existing, officially designated State Harbor Areas should be used for new port development to the maximum extent whenever possible. 4. Multiple use of industrial and port facilities is encouraged to limit duplicative facilities and reduce adverse impacts. Multiple use should be implemented in the following manner: a. Cooperative use of piers, cargo handling, storage, parking and other accessory facilities among private or public entities should be required in industrial or port facilities whenever feasible. New facilities for water -dependent uses should be allowed only after assessment of the potential for shared use of existing facilities. b. Industrial and port developments should provide opportunities for physical and/or visual public shoreline access in accordance with the public access policies, including recreational use of undeveloped shorelines not needed for port or industry operations; provided that, such uses are safely compatible with facility operations. 5. Industrial and port development in the shoreline should be located and designed to avoid significant adverse impacts to other shoreline uses, resources, and values, including shoreline geomorphic processes, water quality, fish and wildlife habitat, commercial aquaculture, and the aquatic food chain. 133 556 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM 6. Restoration of impaired shoreline ecological functions and processes should be encouraged as part of industrial and port development. 23.100.07.13 Industrial and Port Development — Regulations 23.100.07.B.1 Purpose and Need Water -dependent industrial and port uses designed, developed and operated consistent with the policies and regulations of this Program shall be given preference over all other uses on the shoreline. b. All harbor areas, established pursuant to Article XV of the Washington State Constitution, that have reasonable commercial navigational accessibility and necessary support facilities such as transportation shall be reserved for water -dependent and water -related uses that are associated with commercial navigation unless a specific finding is made in the permit review process that adequate shoreline is reserved for navigation use elsewhere in the affected harbor area. C. Industrial and port uses that result in no net loss of shoreline ecological functions and processes are allowed subject to the policies and regulations of SMP 23.90.03 and the specific criteria below: (1) Water -dependent industrial and port uses shall be given preference over water - related and water -enjoyment industrial and port uses. Prior to approval of water - dependent industrial or port uses, the Administrator shall review a proposal for design, layout and operation of the proposed use and shall make specific findings that the use qualifies as a water -dependent use. (2) Water -related industrial and port uses may not be approved if they displace existing water -dependent uses. Prior to approval of water -related industrial or port uses, the Administrator shall review a proposal for design, layout and operation of the proposed use and shall make specific findings that the use qualifies as a water - related use. (3) Water -enjoyment industrial and port uses may be not be approved if they displace existing water -dependent or water -related uses or if they occupy space designated for water -dependent or water -related use identified in a substantial development permit or other approval. Prior to approval of water -enjoyment industrial or port uses, the Administrator shall review a proposal for design, layout and operation of the proposed use and shall make specific findings that the use qualifies as a water - enjoyment use. (4) Nonwater-oriented industrial and port uses may be permitted where located on a site physically separated from the shoreline by another property in separate ownership or a public right-of-way such that access for water -oriented use is precluded. All other nonwater-oriented industrial and port uses are prohibited in the shoreline unless the use provides significant public benefit with respect to the objectives of the Act and is: (a) part of a mixed use project that includes a water -oriented use; or (b) proposed on a site where navigability is severely limited. 134 557 CHAPTER 10 - INDUSTRIAL AND PORT (5) When permitted, nonwater-oriented industrial and port uses shall provide access and/or restoration as follows: (a) Nonwater-oriented industrial and port uses shall provide public access in the form of unrestricted open space. The Administrator shall determine the amount of required access in accordance with the provisions of SMP 23.90.08 on a case -by -case basis. (b) If no water -oriented uses are located on or adjacent to the water as part of a mixed use development, eighty percent (80%) of the shoreline and associated buffers shall be restored to provide shoreline ecological functions that approximate the functions provided by the site in natural conditions. (c) The requirement in SMP 23.100.07.B.1.c(5)(a) and (b) may be modified when: (i) The site is designated as a public access area by a shoreline public access plan, in which case public access consistent with that plan element shall be provided; or (ii) Specific findings are made demonstrating that the size of the parcel and the presence of adjacent uses preclude restoration of shoreline ecological functions. Where on -site restoration is infeasible, equivalent off -site restoration shall be provided consistent with the policies and regulations of this Program. (d) Buffers shall be designed as appropriate to protect shoreline resources based on a specific restoration plan and may differ from the standard critical area buffer dimensions provided in WCC 16.16, provided that the building envelope for the proposed nonwater-oriented use shall be based on current site conditions. (e) If water -oriented uses are located on or adjacent to the water, the remaining undeveloped water frontage that is not devoted to water -dependent use shall be preserved if in a substantially unaltered condition. If the site has been previously altered by past development, the balance of the site may be reserved for future water -related use. (f) The requirements of this section shall not apply to those non -water -oriented industrial or port uses located on a site physically separated from the shoreline where access to the land/water interface is precluded, provided that such conditions were lawfully established prior to the effective date of this Program. (6) Interim use of facilities approved and/or permitted for water -dependent use for nonwater-dependent uses may be approved by a conditional use permit under the following conditions: (a) A specific occupancy plan has been approved that allows interim uses for a specific period while the market for water -dependent uses is being 135 558 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM developed, and the proposed interim use is consistent with the occupancy plan. (b) The period of interim lease or commitment of the space shall not exceed five (5) years. At the end of five (5) years, a new application for interim use shall be submitted. (c) A good faith effort to obtain water -dependent uses has been made and suitable tenants were not found. The period of the search for water - dependent uses, the notice of availability, listing or advertising employed, and any inquiries received shall be documented. (d) No permanent improvements will be made to the space that requires more than five (5) years of occupancy to repay the investment. No permanent improvements will be made that will reduce the suitability of the space for water -dependent use. d. Required setback areas shall not be used for storage of industrial equipment or materials, or waste disposal, but may be used for outdoor recreation. Portions of such setbacks may be used for motor vehicle parking if design of such facilities is consistent with this Program and critical area regulations in WCC 16.16. e. Disposal or storage of solid or other industrial wastes is not permitted on shorelines; except that, liquid waste treatment facilities may be permitted as a conditional use if it is demonstrated that a shoreline location is required or Where it is demonstrated that an alternative site outside of the shoreline is not feasible; and further excepted, that land application of waters used in the processing of fruits and vegetables within the shoreline is permitted as a conditional use. Minimum required setbacks from shorelines and side property lines, maximum height limits and open space requirements are contained in SMP 23.90.13 — Setback, Height and Open Space Standards for Shoreline Development. 23.100.07.B.2 Log Rafts and Storage a. Storage of logs is prohibited in water bodies, except where an upland location is not feasible, provided that no new log storage may be allowed in marine or estuarine waters or tidelands. b. Log rafting shall be allowed in cases where overland transportation of logs would produce unacceptable transportation impacts, or for transportation of logs from islands or from other locations in Puget Sound. Areas for assembly and disassembly of log rafts shall meet all standards below for log storage. C. Offshore log storage shall only be allowed on a temporary basis, and should be located where natural tidal or current flushing and water circulation are adequate to disperse polluting wastes. d. Log rafting or storage operations are required to implement the following, whenever applicable: (1) Logs shall not be dumped, stored, or rafted where grounding will occur. 136 559 CHAPTER 10 -INDUSTRIAL AND PORT (2) Easy let -down devices shall be provided for placing logs in water. (3) Bark and wood debris controls and disposal shall be implemented at log dumps, raft building areas, and mill -side handling zones. Accumulations of bark and other debris on the land and docks around dump sites shall be fully contained and kept out of the water. (4) Where water depths will permit the floating of bundled logs, they shall be secured in bundles on land before being placed in the water. Bundles shall not be broken again except on land or at mill sites. e. Impervious pavement is required for log yards where the wet season water table is less than 4 feet below surface level in order to reduce waste buildup and impacts on ground water and surface water. Stormwater management facilities shall be provided to protect the quality of affected waters. Log storage facilities shall be located upland and properly sited to avoid fish and wildlife habitat conservation areas. Log storage facilities must be sited to avoid and minimize the need for dredging in order to accommodate new barging activities at the site. Log storage facilities shall be located in existing developed areas to the greatest extent feasible. If a new log storage facility is proposed along an undeveloped shoreline, an alternatives analysis shall be required. A berm must be located around the outer edge of the upland sort surface using rocks, or other suitable materials to prevent loss of wood debris into the water. k. Log booming shall only be. allowed offshore in sub -tidal waters in order to maintain unimpeded nearshore-migration corridors for juvenile salmonids and to minimize shading impacts from log rafts. Log booming activities include the placement in or removal of logs and log bundles from the water, and the assembly and disassembly rafts for water- borne transportation. A Debris Management Plan describing the removal and disposal of wood waste must be developed and submitted to the County. Debris monitoring reports shall be provided, where stipulated. M. Existing in -water log storage and log booming facilities in critical habitats utilized by threatened or endangered species classified under ESA shall be reevaluated if use is discontinued for two (2) years or more, or if substantial repair or reconstruction is required. The evaluation shall include an alternatives analysis in order to determine if logs can be stored upland and out of the water, or, if the site should be used for other purposes that would have lesser impacts on ESA -listed species. The alternatives analysis shall include evaluation of the potential for moving all, or portions of, log storage and booming to uplands. 23.100.07.113.3 Hydropower Development 137 560 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM a. Hydropower facilities shall be located, designed, and operated to minimize impacts to fish and wildlife resources including spawning, nesting and rearing habitat and migratory routes, and critical areas. Mitigation measures to achieve no net loss of shoreline ecological functions and processes shall be implemented in accordance with SMP 23.90.03. b. Hydropower facilities shall be located, designed and operated to protect and minimize impacts to geo-hydraulic processes; waterfalls; erosion and accretion shoreforms; agricultural land; scenic vistas; recreation sites; and sites having significant historical, cultural, scientific or educational value. C. Hydropower facilities shall accommodate public access to, and multiple use of, the shoreline. d. For all dams that are not regulated by either the Federal Energy Regulatory Commission licensing procedures, or the State Department of Ecology reservoir permit requirements, a maintenance agreement and construction bond for one -hundred -fifty percent (150%) of the cost of the structure shall be filed with the Director of the Public Works Department prior to construction. The maintenance agreement shall specify who is responsible for maintenance, shall incorporate the maintenance schedule specified by the design engineer, shall require annual inspections by a Civil Engineer licensed in the State of Washington and shall stipulate abandonment procedures which shall include, where appropriate, provisions for site restoration. e. The design of all dams and the'suitability of the proposed site for dam construction shall be certified by a professional engineer licensed in the State of Washington. The professional design shall include a maintenance schedule. 23.100.07.0 Industrial and Port Development — Shoreline Area Regulations Urban: Water -oriented industrial and port use and development are permitted subject to policies and regulations of this Program. Nonwater-oriented industrial or port use and development may be permitted as a conditional use, subject to criteria for such uses in SMP 23.100.07.B.1.c(4). Dams, diversion, and tailrace structures and accessory development for hydroelectric power generation may be permitted as a conditional use. 2. Urban Resort: Port development limited to passenger terminals is permitted. All other industrial or port use and development is prohibited. 3. Urban Conservancy: Industrial or port use and development are prohibited, except that dams, diversion, and tailrace structures and accessory development for hydroelectric power generation may be permitted as a conditional use. 4. Shoreline Residential: Industrial or port use and development are prohibited, except that dams, diversion, and tailrace structures and accessory development for hydroelectric power generation may be permitted as a conditional use. 5. Rural: a. Water -oriented port development and industrial facilities for processing, manufacturing, and storage of finished or semi -finished goods are permitted. 138 561 CHAPTER 10 - INDUSTRIAL AND PORT b. Nonwater-oriented industrial or port use and development may be permitted as a conditional use, subject to criteria for such uses in SMP 23.100.07.B.1.c(4). C. Dams, diversion and tailrace structures and accessory development for hydroelectric power generation may be permitted as a conditional use. 6. Resource: a. Water -oriented facilities for processing, manufacturing, and storage of natural resource products are permitted subject to the policies and regulations of this Program. b. Nonwater-oriented facilities for processing, manufacturing and storage of natural resource products, subject to criteria for such uses in SMP 23.100.07.B.1.c(4), and other water -oriented industrial or port use and development may be permitted as a conditional use. Dams, diversion and tailrace structures and accessory development for hydroelectric power generation may be permitted as a conditional use. d. Other nonwater-oriented industrial or port use and development are prohibited. 7. Conservancy: Industrial or port use and development are prohibited, except that dams, diversion, and tailrace structures and accessory development for hydroelectric power generation may be permitted as a conditional use. Natural: Industrial or port use and development are prohibited. 9. Aquatic: Water -dependent industrial or port use and development are permitted, subject to the use and development regulations of the abutting upland shoreline area designation. Log storage may be permitted as a conditional use. 139 562 CHAPTER 10 - MINING 23.100.08 Mining Mining in shoreline areas shall be subject to the policies and regulations of this Section and Chapter 9. The removal of gravel for flood management purposes shall be regulated in accordance with the policies and regulations for Flood Control Works and Instream Structures under SMP 23.100.06. 23.100.08.A Mining — Policies Mining should not be located on shorelines where unavoidable adverse impacts on other users or resources together equal or outweigh the benefits from mining. 2. Mining should not interfere with public recreation on the shoreline. 3. Mining should be located and operated so as to provide long term protection of water quality, fish and wildlife, and fish and wildlife habitat. 4. Mining, particularly surface or strip mining, should provide for timely restoration of disturbed areas to a biologically productive, semi -natural, or other useful condition through a reclamation process consistent with regulations administered by the Department of Natural Resources and other applicable County standards. 5. Mining of marine and lake shores or accretional shoreforms, such as point bars, that have a high value for recreation or as fish or wildlife habitat should generally not be permitted. 6. Mining should only be permitted on accretion point and channel bars where appropriate studies and detailed operation plans demonstrate that: a. Fish habitat, upland habitat and water quality will not be significantly impacted; and b. The operation will not adversely affect geo-hydraulic processes, channel alignment, nor increase bank erosion or flood damages. 7. Mining operations should be located, designed, and managed so that other appropriate uses are not subjected to substantial or unnecessary adverse impacts from noise, dust or other effects of the operation. The operator may be required to implement measures such as buffers, limited hours, or other mitigating measures for the purpose of minimizing adverse proximity impacts. 23.100.08.13 Mining — Regulations New mining and associated activities shall be designed and conducted to result in no net loss of shoreline ecological functions and processes in accordance with SMP 23.90.03. Mining should not be approved where it could interfere with shoreline ecological functions or processes or cause irreparable damage to shoreline resources or features such as accretion shoreforms. Application of this standard shall include avoidance and mitigation of adverse impacts during the course of mining and reclamation. The determination of whether there will be no net loss of ecological function shall be based 140 563 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM on an evaluation of the reclamation plan required for the site and shall consider impacts on ecological functions during operation. Preference shall be given to mining proposals that result in the creation, restoration, or enhancement of habitat for priority species. Mining shall not be permitted in critical areas except as a part of an approved flood control program or in conjunction with a habitat restoration or enhancement plan; provided that such activities may be permitted where demonstrated to be water - dependent. A determination of water -dependency shall be based on evaluation of geologic factors such as the distribution and availability of mineral resources for that jurisdiction, as well as evaluation of need for such mineral resources, economic, transportation, and land use factors. This showing may rely on analysis or studies prepared for purposes of GMA designations, be integrated with any relevant environmental review conducted under SEPA (RCW 43.21 C), or otherwise be shown in a manner consistent with RCW 90.58.100(1) and WAC 173-26-201(2)(a). Application for permits for mining operations shall be accompanied by operation plans, reclamation plans and analysis of environmental impacts in accordance with WCC 20.73.700. Such information shall provide sufficient documentation to make a determination as to whether the project will result in net loss of shoreline ecological functions and processes during the course of mining and after reclamation. Creation, restoration, or enhancement of habitat for priority species and the future productivity of the site may be considered in determining no net loss of ecological functions. 4. The applicant/proponent must show that mining is dependent on a shoreline location, and that demand cannot reasonably be accommodated in operations outside shoreline jurisdiction. Information required to meet this criteria shall evaluate geologic factors such as the distribution and availability of mineral resources as well as evaluation of need for such mineral resources, economic, transportation, and land use factors. Where a lawfully established mining operation has resulted in the creation of a lake(s) greater than 20-acres and such lake(s) is subject to the provisions of the Shoreline Management Program and the Act, such lake(s) shall be given a Resource shoreline area designation. Not withstanding any other applicable regulations, such mining operations shall be permitted to continue and may be expanded subject to approval of a shoreline conditional use permit. 6. Reclamation Plan A reclamation plan that complies with the format and detailed minimum standards of RCW 78.44 shall be included with any shoreline permit application for mining. b. A reclamation plan that is inconsistent with this Program or the Act shall constitute sufficient grounds for denial of a shoreline permit: provided that, the applicant/proponent shall be given reasonable opportunity to revise the plan. 7. In considering renewal, extension or reauthorization of gravel bar and other in -channel mining operations in locations where they have previously been conducted, the County shall require compliance with this subsection. 8. Marine and Lake Shores 141 564 CHAPTER 10 -MINING a. Mining of, including but not limited to, sand, gravel, cobbles, or boulders from any marine or lake shore is prohibited. b. Mining of quarry rock may be permitted as a conditional use; provided that, shore processes and resources are not adversely affected. 9. Rivers and Streams Scalping of accretional point bars may be permitted as a conditional use for flood control purposes and market demands under the following conditions: a. Removal of specified quantities of sand and gravel or other materials at specific locations will not adversely affect the natural processes of gravel transportation for the river system as a whole. Specific studies accompanying the application shall demonstrate that no adverse flood, erosion, or other environmental impacts occur either upstream or downstream of extraction sites. Mining extraction amounts, rates, timing, and locations shall be based on a scientifically determined sediment budget adjusted periodically according to data provided by a regular monitoring plan. b. Aggregate washing and ponding of waste water are prohibited in floodways. C. Storage within the FEMA Floodway is prohibited in the shoreline during the flood season (November 1 through March 1); provided that, temporary stockpiling is permitted during working hours if all such materials are removed from the floodway at the end of each day's operation. d. All applicable permits and approvals, including but not limited to, Hydraulic Project Approval (HPA) from the Department of Fish and Wildlife and a Whatcom County Flood Permit, shall be obtained and all applicable provisions attached thereto shall be adhered to. e. Mining within a designated channel migration zone may be approved as a conditional use. 10. Open pit mining may be permitted in a floodplain provided that all of the following criteria are met: a. All pits and other operations should be located outside of the channel migration zone. b. All pits of each operation should be located and excavated to a depth so as to function as a self -flushing chain of lakes whenever the pits are overtopped by floods in order to prevent eutrophication and fish entrapment. The entire operation should be sized and designed so that neither additional bank erosion, catastrophic changes in channel location, nor adverse impact to fish resources or water quality will likely result in the long term. d. The scale and mode of operation will not have adverse impacts on fish resources, water quality, and recreation resources, nor adversely impacts a stream's natural capacity to erode, shift, accrete, and/or flood. 142 565 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM e. All equipment, works and structures are designed to withstand flooding without becoming a hazard in themselves nor causing adverse effects on shore features, without the necessity for shore stabilization structures. f. All structures or equipment which are not flood -proof shall be located outside of the 100-year floodplain during the flood season (November 1 through March 1); provided that; such equipment is permitted during daily operations. 11. Overburden a. Overburden or other mining spoil or non-putrescible solid wastes shall be disposed of in an appropriate manner to protect shoreline ecological functions and processes, other uses, and aesthetic values. b. Disposal of overburden or mining spoil on shorelines shall comply with landfill policies and regulations of SMP 23.90.10. 12. Surface Oil, Coal Bed or Gas Drilling: As provided in the Act (RCW 90.58.160), surface drilling for oil or gas is prohibited in the waters of Puget Sound north to the Canadian boundary and the Strait of Juan de Fuca waterward from OHWM and on all lands within 1,000 feet landward there from. Coal bed drilling is also prohibited. 23.100.08.0 Mining — Shoreline Area Regulations 1. Urban: Mining is prohibited. 2. Urban Resort: Mining is prohibited. 3. Urban Conservancy: Mining is prohibited. 4. Shoreline Residential: Mining is prohibited. 5. Rural: Mining may be permitted as a conditional use subject to policies and regulations of this Program. 6. Resource: Mining may be permitted as a conditional use subject to policies and regulations of this Program. 7. Conservancy: Mining may be permitted as a conditional use subject to policies and regulations of this Program. 8. Natural: Mining is prohibited. 9. Aquatic: Mining is prohibited, except that accretional .bar scalping in streams may be permitted as a conditional use subject to policies and regulations of this Program; provided that upon approval by the County and Ecology of a sediment management plan component for a mutually designated reach of river, including incorporating the findings of a Programmatic Environmental Impact Statement, the conditional use requirement will no longer be in effect unless mutually agreed to in said management plan. 143 566 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM 23.1.00.09 Moorage: Docks, Piers and Mooring Buoys Moorage including docks, piers and mooring buoys in shoreline areas shall be subject to the policies and regulations of this Section and Chapter 9. Shared moorage with more than four (4) berths and boat launching facilities are regulated under SMP 23.100.04, Boating Facilities: Marinas and Launch Ramps. 23.100.09.A Moorage: Docks, Piers and Mooring Buoys — Policies Moorage associated with a single family residence is considered a water -dependent use provided that it is designed and used as a facility to access watercraft, and other moorage facilities are not available or feasible. Moorage for water -related and water - enjoyment uses or shared moorage for multifamily use should be allowed as part of a mixed use development or where it provides public access. 2. New moorage, excluding docks accessory to single family residences, should be permitted only when the applicant/proponent has demonstrated that a specific need exists to support the intended water -dependent or public access use. 3. As an alternative to continued proliferation of individual private moorage, mooring buoys are preferred over docks or floats. Shared moorage facilities are preferred over single - user moorage where feasible, especially where water use conflicts exist or are predictable. New subdivisions of more than two (2) lots and new multifamily development of more than two (2) dwelling units should provide shared moorage. 4. Docks, piers and mooring buoys, including those accessory to single family residences, should avoid locations where they will adversely impact shoreline ecological functions or processes, including currents and littoral drift. 5. Moorage should be spaced and oriented in a manner that minimizes hazards and obstructions to public navigation rights and corollary rights thereto such as, but not limited to, fishing, swimming and pleasure boating, as well as private riparian rights of adjacent land owners. 6. Moorage should be restricted to the minimum size necessary to meet the needs of the proposed use. The length, width and height of piers and docks should be no greater than that required for safety and practicality for the primary use. 7. Pile supports are preferred over fills because piles do not displace water surface and intertidal or aquatic habitat and are removable and thus more flexible in terms of long term use patterns. Floats may be less desirable than pile structures where aquatic habitat or littoral drift are significant. 8. The use of buoys for small craft moorage is preferred over pile or float structures because of lesser long term impact on shore features and users; moorage buoys should be placed as close to shore as possible to minimize obstruction to navigation. 9. Shoreline resources and water quality should be protected from overuse by boaters living on vessels (live aboards). Boaters living on vessels are restricted to established marinas with facilities to address waste handling and other sanitary services. 144 567 CHAPTER 10 - MOORAGE: DOCKS, PIERS AND MOORING BUOYS 10. Vessels should be restricted from extended mooring on waters of the state unless authorization is obtained from the DNR and impacts to navigation and public access are mitigated. 11. Piers and docks should be constructed of materials that will not adversely affect water quality or aquatic plants and animals in the long term. 12. New pier and dock development should be designed so as not to interfere with lawful public access to or use of shorelines. Developers of new piers and shared moorage should be encouraged to provide physical or visual public access to shorelines whenever safe and compatible with the primary use and shore features. 23.100.09.B Moorage: Docks, Piers and Mooring Buoys — Regulations Shared moorage to serve new development shall be limited to the amount of moorage needed to serve lots with water frontage; provided that, a limited number of upland lots may also be accommodated. Applications for shared moorage shall demonstrate that mooring buoys are not feasible prior to approval of dock moorage. Shared moorage currently leased or proposed to be leased to upland property owners shall be reviewed as a marina. 2. Private recreational moorage for individual lots is permitted in existing subdivisions approved on or before January 28, 1993, only where shared moorage has not already been developed. Prior to development of a new dock for a single residential lot, the applicant/proponent shall demonstrate that: a. Existing facilities in the vicinity, including marinas and shared moorage, are not adequate or feasible for use; b. . On marine shorelines, alternative moorage, such as mooring buoys or a dock sized to accommodate a tender to provide access in conjunction with a mooring buoy, are not adequate or feasible; and C. The applicant/proponent has contacted abutting property owners and none have indicated a willingness to share an existing dock or develop a shared moorage in conjunction with the applicant/proponent. d. If allowed, only one private dock shall be permitted on a shoreline residential lot. 3. Shared moorage shall be required in accordance with the following to prevent the proliferation of moorage facilities: a. Shared moorage shall be provided for all new residential developments of more than two (2) dwelling units. New subdivisions shall contain a restriction on the face of the plat prohibiting individual docks. A site for shared moorage should be owned in undivided interest by property owners within the subdivision. Shared moorage facilities shall be available to property owners in the subdivision for community access and may be required to provide public access depending on the scale of the facility. If shared moorage is provided, the applicant/proponent shall file at the time of plat recordation a legally enforceable joint use agreement or other legal instrument that, at minimum, addresses the following: 145 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM (1) Apportionment of construction and maintenance expenses; (2) Easements and liability agreements; and (3) Use restrictions. b. On marine shorelines a dock or pier may be approved only if it is not feasible to provide mooring buoys with an adequate landing area or a dock sized to accommodate tenders. Where a .multifamily residential development, camping club or subdivision development provides shared moorage, space for the number of waterfront lots or dwelling units may be provided with an additional provision for sites without water frontage up to a ratio of 1.25 moorage spaces per total lots or units. d. Prior to issuing a permit for shared moorage, a proponent shall file with the Whatcom County Auditor a legally enforceable joint use agreement that at minimum, addresses the following: (1) Apportionment of construction and maintenance expenses; (2) Easements and liability agreements; and (3) Use restrictions. 4. Commercial docks shall be permitted only for water -dependent uses, and only if the applicant/proponent demonstrates that existing facilities in the vicinity, including marinas and shared moorage, are not adequate or feasible for the proposed water -dependent use. Private moorage for float planes may be permitted as a conditional use where construction will not adversely affect shoreline functions or processes, including wildlife use. Ecological restoration may be required to compensate for the greater intensity of activity associated with the use. 6. Piers and docks shall be constructed of materials that will not adversely affect water quality or aquatic plants and animals over the long term. Materials used for submerged portions of a pier or dock, decking and other components that may come in contact with water shall be approved by applicable state agencies for use in water to avoid discharge of pollutants from wave splash, rain or runoff. Wood treated with creosote, pentachlorophenol or other similarly toxic materials is prohibited. Piers and docks in lakes providing a public water supply shall be constructed of untreated materials, such as untreated wood, approved plastic composites, concrete or steel. 7. Piers and docks shall be the minimum size necessary to meet the needs of the proposed water -dependent use and shall observe the following criteria: a. If allowed under the provisions of this Program, only one (1) private dock with one (1) accessory float, one (1) boat lift, and one (1) covered moorage accessory to a permitted moorage, shall be permitted on a shoreline lot owned for residential or private recreational use. 146 569 CHAPTER 10 - MOORAGE: DOCKS, PIERS AND MOORING BUOYS Docks with or without a float shall be the minimum size required to provide for moorage. Single family docks and floats shall not exceed 40 feet in length measured perpendicularly from the OHWM nor exceed 3 feet in height above the extreme high water level. Shared moorage may extend to 80 feet in length if demonstrated to be necessary to provide adequate moorage. In the case of pile docks at marine or river locations, the height shall be limited to that which may be reasonably necessary to accommodate landing and moorage of watercraft. Commercial docks shall be the minimum length necessary to serve the type of vessel served. C. Private docks up to 60 feet in length or shared moorage up to 100 feet in length measured perpendicularly from the OHWM, including floats, may be permitted by the Administrator in shallow areas where a dock sized to accommodate a tender to provide access to a mooring buoy is not feasible and where existing docks on adjacent properties presently extend out as far as that which is proposed, and where such added length is necessary in order to allow a reasonable use of the dock, as determined based upon adjacent uses; and where the extension in dock length will not adversely affect ecological processes and functions, provided the required dock length is the minimum necessary to achieve such purposes. Docks that cannot reasonably meet this standard may request a review under the variance provisions of this Program. d. Moorage shall be designed to avoid the need for maintenance dredging. The moorage of a boat larger than provided for in the original moorage design shall not be grounds for approval of dredging. 8. In order to minimize impacts on nearshore areas and avoid reduction in ambient light level: a. The width of piers, docks and floats shall be the minimum necessary and shall not exceed 4 feet in width, except where specific information on use patterns justifies a greater width. Marine floats shall not exceed 8 feet in width nor 40 feet in length and freshwater floats shall not exceed 6 feet in width and 20 feet in length unless authorized by a variance. Exceptionally large vessels or vessels that require a relatively deep draft may be required to use a buoy, other alternative mooring scheme, or to moor in a marina. Materials that will allow light to pass through the deck may be required where width exceeds 4 feet. b. Dock surfaces designed to allow maximum light penetration shall be used on walkways or gangplanks in nearshore areas. C. Piers, docks and floats shall be located along a north/south orientation to the maximum extent feasible. 9. Private docks shall not encroach into the required sideyard setbacks for residential development (both onshore and offshore); provided that, a shared moorage may be located adjacent to or upon a side property line of the affected properties upon filing of an easement agreement or other legal instrument by the affected property owners. 10. Dock and Pier Design 147 570 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM a. Piers and docks shall use pile supports unless engineering studies demonstrate that pile supports are insufficient to ensure public safety. Riprapped or bulkheaded fills may be approved only as a conditional use and only when demonstrated that no feasible alternative is available. Mitigation shall be provided to ensure no net loss of shoreline ecological functions and processes. b. Approaches to piers and docks shall use piers or other structures to span the entire upper foreshore to the point of intersection with stable upland soils and shall be design to avoid interference with littoral drift or wave refraction. Limited fill or excavation may be allowed landward of the OHWM to match the upland with the elevation of the pier or dock. Pile spacing shall be the maximum feasible to minimize shading and avoid a "wall" effect that would block or baffle wave patterns, currents, littoral drift, or movement of aquatic life forms, or result in structure damage from driftwood impact or entrapment. Offshore and foreshore pile structures shall allow for continuity of hydraulic energy patterns, unless specifically designed to reduce wave impact on shores. 11. Moorage buoys shall be placed at a distance specified by the Washington Department of Fish and Wildlife, the Washington Department of Natural Resources, and the U.S. Coast Guard to balance the goals of avoiding nearshore habitat and minimizing obstruction to navigation. Anchors and other design features shall meet Washington Department of Fish and Wildlife standards. 12. A covered moorage accessory to a single family pier or dock, not accessory to a marina, shall have no walls other than an, open structural framework to support a roof and shall not cover more than 200 square feet nor exceed 15 feet in height above OHWM. Roof materials shall be translucent, or at least fifty percent (50%) clear skylights. 13. Commercial covered moorage may be permitted only where vessel construction or repair work is to be the primary activity and covered work areas are demonstrated to be the minimum necessary over water, including demonstration that adequate upland sites are not feasible. 14. No private or shared moorage may be constructed to within 200 feet of OHWM on the opposite shore of any lake or semi -enclosed body of water such as a bay, cove, or natural channel. This restriction shall not apply within marinas, dredged canal systems or approved marina -home developments. 15. If a dock is provided with railing, such railing shall not exceed 36 inches in height and shall be an open framework that does not unreasonably interfere with shoreline views of adjoining properties or lawful use of water surfaces. 16. Water supply, sewage disposal and disposal of non -hazardous materials associated with activities on docks and piers shall conform to applicable health standards. 17. Moorage facilities shall be marked with reflectors, or otherwise identified to prevent unnecessarily hazardous conditions for water surface users during the day or night. Exterior finish shall be generally non -reflective. 148 571 CHAPTER 10 —MOORAGE.- DOCKS, PIERS AND MOORING BUOYS 18. Moorage facilities shall be constructed and maintained so that no part of a facility creates hazardous conditions nor damages other shore property or natural features during predictable flood conditions. Floats shall be securely anchored. 19. No pier or dock shall be used for a residence. 20. Storage of fuel, oils, and other toxic materials is prohibited on docks and piers except portable containers when provided with secondary containment. 21. Public access facilities shall be provided in accordance with policies and regulations in SMP 23.90.08. 23.100.09.0 Moorage: Docks, Piers and Mooring Buoys — Shoreline Area Regulations Urban: Private and shared moorage are permitted subject to policies and regulations of this Program. Public, commercial and industrial moorage, including expansion of existing piers, and covered moorage or floatplane moorage accessory to a permitted moorage may be permitted as a conditional use. 2. Urban Resort: Private, shared and public moorage, and covered moorage or floatplane moorage accessory to a permitted moorage may be permitted as a conditional use subject to the policies and regulations of this Program. Commercial moorage is prohibited, except piers serving small passenger vessels may be permitted as a conditional use. Industrial moorage is prohibited. 3. Urban Conservancy: Private and shared moorage on non -marine shorelines are permitted subject to policies and regulations of this Program. Private and shared moorage on marine shorelines, other than constructed marinas or canals, may be permitted as a conditional use. Public and commercial moorage, including the expansion of existing piers, and floatplane moorage accessory to a permitted moorage may be permitted as a conditional use. Industrial and covered moorage are prohibited. 4. Shoreline Residential: Private and shared moorage are permitted subject to policies and regulations of this Program. Public and commercial moorage, including expansion of existing piers, and covered moorage or floatplane moorage accessory to a permitted moorage may be permitted as a conditional use. Industrial moorage is prohibited. 5. Rural: Private and shared moorage are permitted subject to policies and regulations of this Program. Public, industrial and commercial moorage, including expansion of existing piers, and floatplane moorage accessory to a permitted moorage may be permitted as a conditional use. Covered moorage is prohibited. 6. Resource: Private and shared moorage are permitted subject to policies and regulations of this Program. Public, industrial and commercial moorage, including expansion of existing piers, and floatplane moorage accessory to a permitted moorage may be permitted as a conditional use. Covered moorage is prohibited. 7. Conservancy: Private and shared moorage on non -marine shorelines are permitted subject to policies and regulations of this Program. Private and shared moorage on marine shorelines, other than constructed marinas or canals, may be permitted as a conditional use. Public and commercial moorage, including the expansion of existing 149 572 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM piers, and floatplane moorage accessory to a permitted moorage may be permitted as a conditional use. Industrial and covered moorages are prohibited. 8. Natural: Moorage is prohibited, except public access, interpretive or nature observation facilities that are compatible with the area's physical and visual character may be conditionally permitted subject to policies and regulations of this Program. Covered and floatplane moorage are prohibited. 9. Aquatic: Moorage is permitted, subject to the use and development regulations of the abutting upland shoreline area designation. Unless authorized by WA DNR or its designees, extended moorage longer than 60 consecutive days in one location shall be considered an obstruction which interferes with the normal public use of the surface of the waters of the state, and is prohibited. 150 573 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM 23.100.10 Recreation Shoreline recreation shall be subject to the policies and regulations of this Section and Chapter 9. 23.100.10.A Recreation — Policies Shoreline recreational development should be given priority for shoreline location to the extent that the use facilitates the public's ability to reach, touch, and enjoy the water's edge, to travel on the waters of the state, and to view the water and the shoreline. Where appropriate, such facilities should be dispersed along the shoreline in a manner that supports more frequent recreational access and aesthetic enjoyment of the shoreline for a substantial number of people. Recreational developments should facilitate appropriate use of shoreline resources while conserving them. These resources include, but are not limited to: accretion shoreforms, wetlands, soils, ground water, surface water, native plant and animal life, and shore processes. 3. Recreational development requiring extensive structures, utilities and roads and/or substantial modifications of topography or vegetation removal should not be located or expanded in areas where damage to persons, property, and/or shoreline functions and processes is likely to occur. 4. Recreational developments and plans should provide the regional population a varied - and balanced choice of recreation experiences in appropriate locations. Public agencies and private developers should coordinate their plans and activities to provide a wide variety of recreational opportunities without needlessly duplicating facilities. 5. Trail links between shoreline parks and public access points should be encouraged for walking, horseback or bicycle riding and other non -motorized vehicle access where appropriate. The Whatcom County Comprehensive Park and Recreation Open Space Plan should be considered in design and approval of public trail systems. 6. Access to natural character recreational areas, including but not limited to beaches and fishing streams, should be a combination of linear shoreline trails or easements and small parking or access tracts to minimize user concentration on small portions of the shoreline. 7. Recreation facilities should incorporate public education regarding shoreline ecological functions and processes, the role of human actions on the environment and the importance of public involvement in shorelines management. Opportunities incorporating educational and interpretive information should be pursued in design and operation of recreation facilities and nature trails. 8. Reasonable physical or visual public access to shorelines should be provided and integrated with recreational developments in accordance with SMP 23.90.08. 151 574 CHAPTER 10 - RECREATION 9. Recreation development should be located only where utility and road capability is adequate, or may be provided without significant damage to shore features commensurate with the number and concentration of anticipated users. 10. Cooperative efforts among public and private persons toward the acquisition and/or development of suitable recreation sites or facilities should be explored to assure long term availability of sufficient public sites to meet local recreation needs. 23.100.10.13 Recreation — Regulations Where significant adverse impacts are adequately mitigated, recreational development is a priority use for shoreline location, subject to the following: 1. Water -related and water -enjoyment uses do not displace water -dependent uses and are consistent with existing water -related and water -enjoyment uses. 2. Activities provided by recreational facilities must bear a substantial relationship to the shoreline, or provide physical or visual access to the shoreline. Facilities for water - dependent recreation such as fishing, clam digging, swimming, boating, and wading, and water -related recreation such as picnicking, hiking, and walking should be located near the shoreline, while nonwater-related recreation facilities shall be located inland. 3. Recreation areas or facilities on the shoreline shall provide physical or visual public access consistent with the criteria of SMP 23.90.08. 4. Recreational facilities with large grass areas, such as golf courses and playing fields, and facilities with extensive impervious surfaces shall incorporate means to prevent erosion, control the amount of runoff, and prevent harmful concentrations of chemicals and sediment from entering water bodies in accordance with the policies and regulations of SNIP 23.90.04. 5. Recreational use of motor vehicles including unlicensed off -road vehicles is permitted only on roads or trails specifically designated for such use. Such use is prohibited on tidelands, backshore beaches, streams, or wetlands; except as necessary for public health and safety or maintenance. 23.100.10.0 Recreation — Shoreline Area Regulations 1. Urban: Water -oriented recreational use and development is permitted subject to policies and regulations of this Program. 2. Urban Resort: Water -oriented recreational use and development is permitted subject to policies and regulations of this Program. 3. Urban Conservancy: Low intensity water -oriented recreational use and development is permitted subject to policies and regulations of this Program and the following criteria: a. Structures will not result in more than ten percent (10%) building coverage or 4,000 square feet, whichever is. greater and total impervious surface will not exceed twenty percent (20%), or 10,000 square feet, whichever is greater. 152 575 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM b. Alteration of topography shall be limited to the minimum necessary to accommodate allowed development, and generally less than 30 inches. C. Use of areas or facilities will not result in use patterns that lead to degradation of shoreline ecological functions. 4. Shoreline Residential: Water -oriented recreational use and development is permitted subject to policies and regulations of this Program. 5. Rural: Water -oriented recreational use and development is permitted subject to policies and regulations of this Program. 6. Resource: Low intensity water -oriented recreational use and development is permitted subject to policies and regulations of this Program, provided that no designated agricultural or forest resource lands of long term significance are displaced. 7. Conservancy: Low intensity water -oriented recreational use and development is permitted subject to policies and regulations of this Program and the following criteria: a. Structures on sites of 1 acre or less will not result in more than ten percent (10%) building coverage or 2,000 square feet, whichever is greater, and total impervious surface will not exceed twenty percent (20%) or 5,000 square feet, whichever is greater. b. Structures on sites greater than 1 acre will not result in more than five percent (5%) building coverage or 2,000 square feet, whichever is greater, and total impervious surface will not exceed ten percent (10%) or 10,000 square feet, whichever is greater. C. Alteration of topography shall be limited to the minimum necessary to accommodate allowed development, and generally less than 30 inches. Use of areas or facilities will not result in use patterns that lead to degradation of shoreline ecological functions. 8. Natural: Low intensity water -oriented recreational use and development consisting of primitive trails or primitive campsites is permitted subject to policies and regulations of this Program and the following criteria: a. Essential minor structures such as trails, stairs, small picnic areas, primitive roads, viewpoints, restrooms, interpretive facilities, or development that will not adversely affect shoreline ecological functions and processes are permitted, subject to policies and regulations of this Program. b. Any necessary landscaping shall use native or similar self -maintaining vegetation. C. Recreational development requiring extensive structures or substantial alterations to topography or native vegetation is prohibited. 9. Aquatic: Water -oriented recreational use and development is permitted, subject to the use and development regulations of the abutting upland shoreline area designation; provided that, underwater parks may be permitted as a conditional use. 153 576 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM 23.100.11 Residential Residential development in shoreline areas shall be subject to the policies and regulations of this Section and Chapter 9. Residential development as defined in Chapter 11 includes multifamily development and the creation of new residential lots through land division. 23.100.11.A Residential — Policies Single family residences are designated in RCW 90.58 as a priority use in those limited instances when authorization is given for alterations of the natural condition of shorelines of the state. 2. New residential development is encouraged to cluster dwelling units together to reduce physical and visual impacts on shorelines and to reduce utility and road costs. Planned unit developments that include common open space and recreation facilities, or a variety of dwelling sizes and types, are encouraged at suitable locations as a preferable alternative to extensive single lot subdivisions on shorelines. Planned unit developments (WCC 20.85) may also include a limited number of neighborhood commercial business uses where consistent with the applicable zoning regulations. 3. Allowable density of new residential development should comply with applicable comprehensive plan goals and policies, zoning restrictions, and shoreline area designation standards. The density per acre of development should be appropriate to local natural and cultural features. 4. Structures or development for uses accessory to residential use should preserve shoreline open space, be visually and physically compatible with adjacent cultural and shoreline features, be reasonable in size and purpose, and result in no net loss of shoreline ecological functions and processes. 5. Buildings greater than 35 feet above average grade level that will obstruct the views of a substantial number of residences on areas adjoining such shorelines are limited by the Act (RCW 90.58.320) to those cases where this Program does not prohibit such development and then only when overriding considerations of the public interest will be served. This Program provides opportunities for buildings greater than 35 feet in height in limited areas where consistent with development objectives and the goals and polices of this Program. 6. New residential development should be planned and built in accordance with the policies and regulations in SMP 23.90.03 and to minimize the need for shoreline stabilization and flood hazard reduction measures. 7. Measures to conserve native vegetation along shorelines should be required for all residential development. Vegetation conservation may include avoidance or minimization of clearing or grading, restoration of areas of native vegetation, and/or control of invasive or non-native vegetation. 8. Whenever possible, non -regulatory methods to protect, enhance, and restore shoreline ecological functions and other shoreline resources should be encouraged for residential development. Such methods may include resource management planning, low impact 154 577 CHAPTER 10 - RESIDENTIAL development techniques, voluntary protection and enhancement projects, education, or incentive programs. 9. New multi -unit residential development, including subdivision of land for more than four (4) parcels, should provide substantial shore space for development residents and the public, unless public access is infeasible due to incompatible uses, safety, impacts to shoreline ecology or legal limitations. 10. Development should provide open space corridors between structures, and along site boundaries, so as to provide space for outdoor recreation, preserve views, and minimize use conflicts. 11. Recreation -oriented residential development in the shoreline should be located only where substantial recreation opportunities are provided on site, and where nearby property owners and other appropriate uses will not be adversely affected. 23.100.11.113 Residential — Regulations 23.100.11.113.1 Location and Design a. New residential development may not be approved in cases when it can be reasonably foreseeable that the development or use would require structural flood hazard reduction measures within a channel migration zone or floodway during the life of the development or use. b. New residential development shall assure that the development will not require shoreline stabilization. Prior to approval, geotechnical analysis of the site and shoreline characteristics shall demonstrate that shoreline stabilization is unlikely to be necessary; setbacks from steep slopes, bluffs, landslide hazard areas, seismic hazard areas, riparian and marine shoreline erosion areas shall be sufficient to protect structures during the life of the structure (100 years); and impacts to adjacent, downslope or down - current properties are not likely to occur. The greater setback resulting from this regulation or Ch 23.90.13 shall apply. C. All new subdivisions shall provide for vegetation conservation to mitigate cumulative impacts of intensification of use within or adjacent to the shoreline that shall include compliance with vegetation conservation requirements of SNIP 23.90.06, together with replanting and control of invasive species within setbacks and open space to assure establishment and continuation of a vegetation community characteristic of a native climax community. d. Clustering and low impact development techniques may be required where appropriate to minimize physical and visual impacts on shorelines in accordance with policies and regulations of SMP 23.90.09. e. Residential structures, accessory uses and related facilities shall be designed and located so as to minimize view obstructions to and from shorelines and water bodies. New over -water residential structures, including floating homes, are prohibited. g. As mandated by the Act (RCW 90.58.320), no shoreline permit may be issued for any new or expanded building or structure of more than 35 feet above average grade level 155 578 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM on shorelines that will obstruct the view of a substantial number of residences on areas adjoining such shorelines, except where this Program does not prohibit such development and only when overriding considerations of the public interest will be served. h. Multi -unit residential developments that exceed 35 feet in height may be permitted as a conditional use in resort communities designated Urban Resort, subject to the requirements of SMP 23.90.13.B.5. Due to the potential for adverse impact upon adjacent uses and the community from such high-rise and multi -unit buildings that exceed 35 feet in height, the County must find proposals for such buildings to be consistent with this Program and the Act, particularly as related to RCW 90.58.320, and the following factors: (1) Open space areas and setbacks shall be required along shorelines and between buildings wherever feasible. These areas should be large enough so that local views are not extensively blocked, and building residents have privacy and ample space for outdoor recreation and circulation. The amount of open space shall increase proportionately as density and/or height increase. In general a view corridor must be maintained across thirty percent (30%) of the average parcel width with additional width provided for the percentage increase above 35 feet to a maximum of fifty percent (50%) of the lot width. The increased area within a view corridor due to increased height must be devoted to landscaping or other open space. (2) Urban services, including sanitary sewers, public water supply, fire protection, stormwater drainage, and police protection shall be provided at adequate levels to protect the public health, safety and welfare. (3) Circulation, parking areas, and outdoor storage or loading areas shall be adequate in size and designed so that the public safety and local aesthetic values are not diminished. Such areas shall be screened where appropriate from open space areas by landscaping, fences or other similar structures, or grade separation. (4) Recreational needs of building residents shall be provided through on -site recreation facilities and access to shorelines. The variety and number of on -site recreation facilities should increase proportionately as density increases. Where appropriate, public access should be provided and integrated with the development. ° Minimum required setbacks from shorelines and side property lines, maximum height limits and open space requirements are contained in SMP 23.90.13 - Setback, Height and Open Space Standards for Shoreline Development. k. New residential lots created through land division in the shoreline shall only be permitted when the following standards are met: (1) Land division may not be approved in cases when it can be reasonably foreseeable that the development or use would require structural flood hazard reduction measures within a channel migration zone or floodway during the life of the development or use. 156 579 CHAPTER 10 -RESIDENTIAL (2) New land division shall assure that the lots created will not require shoreline stabilization in order for reasonable development to occur. New land division that would require shoreline stabilization is prohibited. (3) New or expanded subdivisions and all multi -unit residential developments shall provide a community recreation and/or open space area for the benefit of all residents or property owners in the development; provided that, such provisions shall not apply to lot line adjustment, lot consolidation, and subdivision of land into four (4) or fewer lots. (4) New or amended subdivisions, except those for lot line adjustment and lot consolidation purposes, shall provide public access as provided for in SMP 23.90.08 and this section. (5) All new subdivisions shall record a prohibition on new private docks on the face of the plat. An area for shared moorage may be approved if it meets all requirements for, shared moorage in SMP 23.100.09, including demonstration that public and private marinas and other boating facilities are not sufficient to meet the moorage needs of the subdivision. (6) Subdividing tidelands for sale or lease in connection with individual building lots is prohibited. (7) Substandard shoreline lots unsuitable for development of a primary permitted use under the Official Zoning Ordinance (WCC Title 20) and this Program shall not be subdivided. New multi -unit development, including subdivision of land for more than four (4) parcels, shall incorporate public access to publicly owned shorelines or public water bodies as provided for in SMP 23.90.08 unless the site is designated in a shoreline public access plan for a greater component of public access or public access is demonstrated to be infeasible or inappropriate. M. The amount and configuration of public access shall depend on the proposed use(s) and the following criteria: (1) Subdivisions within the shoreline'that have views of water areas shall provide a public pedestrian viewing area. (2) Subdivisions adjacent to public waterways and marine waters shall provide access to a point that abuts the water that will provide visual access and shall provide physical access to public waterways, public marine waters, and public tidelands that are physically accessible at low tide or low water. (3) Subdivisions subject to requirements for dedication of land to provide open space or mitigate recreation demands of the development shall dedicate such land on or adjacent to public waterways or marine shorelines, as applicable, unless the ecological sensitivity of such land precludes public access. Portions of the area dedicated may be fenced or otherwise restricted to limit public access to ecologically sensitive areas. 23.100.11.13.2 Accessory Uses 157 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM a. Accessory development common to residences includes, but is not limited to, recreational moorage (mooring buoys, docks and floats), garages and shops, parking areas, water craft storage, shoreline stabilization, fences, cabanas, tennis courts, swimming pools, saunas, antennas, decks, walkways and landscaping. b. Shoreline permits shall be required for accessory development that does not meet the intent and definition of an appurtenance as defined in SMP 23.110.A.16. C. Such development shall not be located in required shoreline setbacks where feasible and where a shoreline location is not necessary, and shall be prohibited over the water unless clearly water -dependent such as moorage (mooring buoys, docks and floats) for recreational or personal use. For projects involving two (2) or more dwelling units, only shared moorage consisting of mooring buoys, or shared moorage and/or floats are permitted. Individual private docks are prohibited. Shared moorage may be approved if it meets all requirements in SMP 23.100.09. e. Private recreational docks and floats for individual lots are permitted in existing subdivisions which were approved on or before January 28, 1993, only where shared moorage has not already been developed and subject to the policies and regulations in SMP 23.100.09. 23.100.11.0 Residential — Shoreline Area Regulations Urban: Residential development is permitted subject to policies and regulations of this Program. 2. Urban Resort: Residential development is permitted subject to policies and regulations of this Program. 3. Urban Conservancy: Single family and duplex development is permitted subject to policies and regulations of this Program. Subdivision of property shall not be allowed in a configuration that will require significant vegetation removal or shoreline modification or result in a net loss of shoreline ecological functions and processes at the time of development of the subdivision and/or use of each new parcel. All other residential development may be permitted as a conditional use. 4. Shoreline Residential: Residential development is permitted subject to policies and regulations of this Program. 5. Rural: Residential development is permitted subject to policies and regulations of this Program. 6. Resource: Residential development limited to farm related residences or one (1) residence and one (1) accessory dwelling unit is permitted per existing parcel where there is no feasible location outside of the shoreline. 7. Conservancy: Single family and duplex development is permitted subject to policies and regulations of this Program. Subdivision of property shall not be allowed in a configuration that will require significant vegetation removal or shoreline modification or 158 581 t3 �7 CHAPTER 10 - RESIDENTIAL result in a net loss of shoreline ecological functions and processes at the time of development of the subdivision and/or use of each new parcel. All other residential development may be permitted as a conditional use. Natural: Residential development is prohibited, except that one (1) single family residence per existing lot of record may be permitted as a conditional use where there is no feasible location outside of the shoreline. Aquatic: Residential development is prohibited. 159 582 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM 23.100.12 Restoration and Enhancement Restoration in shoreline areas shall be subject to the policies and regulations of this Section and Chapter 9. 23.100.12.A Restoration — Policies 1. This Program recognizes the importance of restoration of shoreline ecological functions and processes and encourages cooperative restoration efforts and programs between local, state, and federal public agencies, tribes, non-profit organizations, and landowners to address shorelines with impaired ecological functions and/or processes. 2. Restoration actions should restore shoreline ecological functions and processes as well as shoreline features and should be targeted towards meeting the needs of sensitive and/or locally important plant, fish and wildlife species as well as the biological recovery goals for early Chinook, bull trout populations, and other salmonid species and populations. 3. Restoration should be -integrated with other parallel natural resource management efforts such as the WRIA 1 Salmonid Recovery Plan and the WRIA 1 Watershed Management Plan. 4. Priority should be given to restoration actions that: a. Create dynamic and sustainable ecosystems. b. Restore connectivity between stream/river channels, floodplains and hyporheic zones. C. Restore natural channel -forming geomorphologic processes. d. Mitigate peak flows and associated impacts caused by high stormwater runoff volume. e. Reduce sediment input to streams and rivers and associated impacts. f. Improve water quality. g. Restore native vegetation and natural hydrologic functions of degraded and former wetlands. h. Replant native vegetation in riparian areas to restore functions. L Restore nearshore ecosystem processes, such as sediment transport and delivery and tidal currents that create and sustain habitat. Restore pocket estuaries that support salmon life histories, including feeding and growth, refuge, osmoregulation, and migration. k. Address contamination along industrial shoreline regions. 160 583 CHAPTER 10 - RESTORATION AND ENHANCEMENT 23.100.12.13 Restoration — Regulations Restoration shall be carried out in accordance with an approved shoreline restoration plan County Resolution 2007-011 and in accordance with the policies and regulations of this Program. 23.100.12.0 Restoration — Shoreline Area Regulations 1. Urban: Restoration activities are permitted subject to policies and regulations of this Program. 2. Urban Resort: Restoration activities are permitted subject to policies and regulations of this Program. 3. Urban Conservancy: Restoration activities are permitted subject to policies and regulations of this Program. 4. Shoreline Residential: Restoration activities are permitted subject to policies and regulations of this Program. 5. Rural: Restoration activities are permitted subject to policies and regulations of this Program. 6. Resource: Restoration activities are permitted subject to policies and regulations of this Program. 7. Conservancy: Restoration activities are permitted subject to policies and regulations of this Program. 8. Natural: Restoration activities are permitted subject to policies and regulations of this Program. 9. Aquatic: Restoration activities are permitted subject to policies and regulations of this Program. 161 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM 23.100.13 Shoreline Stabilization Shore stabilization in shoreline areas shall be subject to the policies and regulations of this Section and Chapter 9. 23.100.13.A Shoreline Stabilization — Policies Alternatives to structures for shore protection should be used whenever possible. Such alternatives may include no action (allow the shoreline to retreat naturally), increased building setbacks, building relocation, drainage controls, and bioengineering, including vegetative stabilization, and beach nourishment. 2. New or .expanded structural shore stabilization for new primary structures should be avoided. Instead, structures should be located and designed to avoid the need for future shoreline stabilization where feasible. Land subdivisions should be designed to assure that future development of the created lots will not require structural shore stabilization for reasonable development to occur. New or expanded structural shore stabilization should only be permitted where demonstrated to be necessary to protect an existing primary structure that is in danger of loss or substantial damage, and where mitigation of impacts would not cause a net loss of shoreline ecological functions and processes. 4. New or expanded structural shore stabilization for enhancement, restoration, or hazardous substance remediation projects should only be allowed when non-structural measures, vegetation planting, or on -site drainage improvements would be insufficient to achieve enhancement, restoration or remediation objectives. Shore stabilization on streams should be located and designed to fit the physical character and hydraulic energy potential of a specific shoreline reach, which may differ substantially from adjacent reaches. 6. Shore stabilization should not be permitted to unnecessarily interfere with public access to public shorelines, nor with other appropriate shoreline uses including, but not limited to, navigation, seafood harvest, or private recreation. 7. Provisions for multiple use, restoration, and/or public shore access should be incorporated into the location, design and maintenance of shore stabilization for public or quasi -public developments whenever safely compatible with the primary purpose. Shore stabilization on publicly owned shorelines should not be allowed to decrease long term public use of the shoreline. 8. Shore stabilization should be developed in a coordinated manner among affected property owners and public agencies for a whole drift sector (net shore -drift cell) or reach where feasible, particularly those that cross jurisdictional boundaries, to address ecological and geo-hydraulic processes, sediment conveyance and beach management issues. Where beach erosion threatens existing development, a comprehensive program for shoreline management should be established. 162 585 CHAPTER 10 - SHORELINE STABILIZATION In addition to conformance with the regulations in this section, non -regulatory, methods to protect, enhance, and restore shoreline ecological functions and other shoreline resources should be encouraged for shore stabilization. Non -regulatory methods may include public facility and resource planning, technical assistance, education, voluntary enhancement and restoration projects, or other incentive programs. 10. Shore stabilization should be located, designed, and maintained to protect and maintain shoreline ecological functions, ongoing shore processes, and the integrity of shore features. Ongoing stream, lake or marine processes and the probable effects of proposed shore stabilization on other properties and shore features should be considered. Shore stabilization should not be developed for the purpose of filling shorelines. 11. Failing, harmful, unnecessary, or ineffective structures should be removed, and shoreline ecological functions and processes should be restored using non-structural methods or less harmful long term stabilization measures. 12. Structural shoreline stabilization measures should only be used when more natural, flexible, non-structural methods such as vegetative stabilization, beach nourishment and bioengineering have been determined infeasible. Alternatives for shoreline stabilization 'should be based on the following hierarchy of preference: a. No action (allow the shoreline to retreat naturally), increase building setbacks, and relocate structures. b. Flexible defense works constructed of natural materials including soft shore protection, bioengineering, including beach nourishment, protective berms, or vegetative stabilization. C. Rigid works constructed of artificial materials such as riprap or concrete. Materials used for construction of shoreline stabilization should be selected for long term durability, ease of maintenance, compatibility with local shore features, including aesthetic values and flexibility for future uses. 13. Larger works such as jetties, breakwaters, weirs or groin systems should be permitted only for water -dependent uses when the benefits to the region outweigh resource losses from such works, and only where mitigated to provide no net loss of shoreline ecological functions and processes. 14. Alternative structures, including floating, portable or submerged breakwater structures, or several smaller discontinuous structures, should be considered where physical conditions make such alternatives with less impact feasible. 23.100.133 Shoreline Stabilization — Regulations 23.100.13.B.1 Allowed Use a. New or expanded structural shore stabilization for existing primary structures, including roads, railroads, public facilities, etc. is prohibited unless there is conclusive evidence documented by a geotechnical analysis that there is a significant possibility that the structure will be damaged within three years as a result of shoreline erosion caused by 163 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM stream processes, tidal action or waves, and only when significant adverse impacts are mitigated to ensure no net loss of shoreline ecological functions and/or processes. Where a geotechnical analysis confirms a need to prevent potential damage to a primary structure, but the need is not as immediate as three years, the analysis may still be used to justify more immediate authorization for shoreline stabilization using bioengineering approaches. b. New shore stabilization for new development is prohibited unless it can be demonstrated that the proposed use cannot be developed without shore protection, and a geotechnical analysis documents that alternative solutions are not feasible or do not provide sufficient protection. The need for shore stabilization shall be considered in the determination of whether to approve new water -dependent uses. Proposed designs for new or expanded shore stabilization shall be designed in accordance with applicable Department of Ecology and Department of Fish and Wildlife guidelines and certified by a qualified professional. C. Shoreline stabilization is prohibited for new nonwater-oriented development; provided that, such stabilization may be approved as a conditional use where a geotechnical analysis demonstrates that shore stabilization is necessary to facilitate reasonable use of a property and documents that alternative solutions, including location outside of the shoreline, are not feasible or do not provide sufficient protection, and where ongoing monitoring, maintenance and mitigation for impacts to shoreline ecological functions and processes are provided. d. Where shore stabilization is allowed, it shall consist of "soft", flexible, and/or natural materials or other bioengineered approaches unless a geotechnical analysis demonstrates that such measures are infeasible. e. Replacement of an existing shore stabilization structure with a similar structure is permitted if there is a demonstrated need to protect primary uses, structures or public facilities including roads, bridges, railways, and utility systems from erosion caused by stream undercutting or tidal action; provided that, the existing shore stabilization structure is removed from the shoreline as part of the replacement activity. A geotechnical analysis may be required to document that alternative solutions such as those listed in SMP 23.100.13.A.12(a) and (b) are not ,feasible or do not provide sufficient protection. Existing shoreline stabilization structures that are being replaced shall be removed from the shoreline unless removal of such structures will cause significant damage to shoreline ecological functions or processes. Replacement walls, bulkheads or revetments shall not encroach waterward of the ordinary high water mark or the existing shore defense structure unless the primary use being protected is a residence that was occupied prior to January 1, 1992, and there are overriding safety or environmental concerns. In such cases, the replacement structure shall abut the existing shoreline stabilization structure. Groins are prohibited except as a component of a professionally designed community or public beach management program that encompasses an entire drift sector or reach for which alternatives are infeasible, or where installed to protect or restore shoreline ecological functions or processes. g. Jetties and breakwaters are prohibited except as an integral component of a professionally designed harbor, marina, or port. Where permitted, floating, portable or submerged breakwater structures, or smaller discontinuous structures are preferred 164 587 CHAPTER 10 —SHORELINE STABILIZATION where physical conditions make such alternatives with less impact feasible. Defense works that substantially reduce or block littoral drift and cause erosion of downdrift shores, shall not be allowed unless an adequate long term professionally engineered beach nourishment program is established and maintained. New or expanded shore stabilization may be permitted to protect projects with the primary purpose of enhancing or restoring ecological functions, or projects for hazardous substance remediation pursuant to RCW 70.105D when non-structural approaches, such as vegetation planting, and/or on -site drainage improvements are not feasible or do not provide sufficient protection. Proposed designs for new or expanded shore stabilization shall be designed and certified by a qualified professional. No motor vehicles, appliances, other similar structures nor parts thereof, nor structure demolition debris, nor any other solid waste shall be used for shore stabilization. The size of shore stabilization measures shall be limited to the minimum necessary to provide protection for the primary structure or use it is intended to protect. 23.100.13.113.2 Marine Shorelines and Lakes In those limited cases where a proposed bulkhead meets the criteria in this section for a shoreline permit or the exemption criteria under SMP 23.60.02.2, and to assure that such bulkheads will be consistent with the provisions of this Program, the Administrator shall review the proposed design as it relates to local physical conditions and issue written findings that the location and design meet all criteria of this Program, subject to the following: a. Bulkheads and other similar hard structures are prohibited on marine or lake accretion shoreforms, except as a conditional use where exposure to storm waves and driftwood battering seriously threaten other similar existing structures and no feasible alternatives exist. Such bulkheads shall be setback a minimum of 20 feet landward from the OHWM. b. Bulkheads and other similar hard structures are prohibited on marine feeder bluff and estuarine shores, and on wetland and rock shores; provided that, such structures may be permitted as a conditional use where valuable primary structure(s) are at risk and no feasible alternatives exist and where ongoing monitoring, maintenance and mitigation for impacts to shoreline ecological functions and processes are provided. Bulkheads and other similar hard structures shall be located within 1 foot of the bank toe; and shall generally parallel the shoreline. d. Bulkheads and other similar hard structures shall be designed and constructed with gravel backfill and weep holes so that natural downward movement of surface or ground water may continue without ponding or saturation. e. Bulkheads exposed to significant wave action shall be designed to dissipate wave energy and scouring. Walls, revetments or other similar hard structures within 10 feet of the OHWM, shall be considered bulkheads; provided that, on accretion shoreforms walls or revetments or other similar hard structures within 20 feet of the OHWM shall be considered bulkheads. 165 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM 23.100A3.13.3 Shore Stabilization on Streams . In those limited cases where a proposed bulkhead, revetment or other similar structure meets the criteria in this section for a shoreline permit or an exemption under SNIP 23.60.02.2, and to assure that such revetment or similar structure will be consistent with this Program, the Administrator shall review the proposed design for consistency with state guidelines for stream bank protection as it relates to local physical conditions and issue written findings that the location and design meet all criteria of this Program, subject to the following: a. Revetments or similar hard structures are prohibited on estuarine shores, in wetlands, on point and channel bars, and in salmon and trout spawning areas, except for the purpose of fish or wildlife habitat enhancement or restoration. b. Revetments or similar hard structures shall be placed landward of associated wetlands unless it can be demonstrated that placement waterward of such features would not adversely affect ecological functions. C. A geotechnical analysis of stream geomorphology both upstream and downstream shall be performed to assess the physical character and hydraulic energy potential of the specific stream reach and adjacent reaches upstream or down, and assure that the physical integrity of the stream corridor is maintained, that stream processes are not adversely affected, and that the revetment will not cause significant damage to other properties or valuable shoreline resources. In addition: (1) Revetments or similar structures shall not be developed on the low, inner -most channel banks in a stream except to protect public works, railways and existing commercial farmsteads. (2) Where revetments or similar structures are proposed, analysis shall assure that localized shore stabilization will be effective, as compared to more extensive cooperative measures to address reach scale processes. Revetments shall be setback at convex (inside) bends to allow streams to maintain point bars and associated aquatic habitat through normal accretion. Where revetments or similar structures have already cut off point bars from the stream, consideration should be given to their relocation. (3) Revetments shall be designed in accordance with WDFW streambank protection guidelines. d. Cut -and -fill slopes and backfilled areas shall be stabilized with brush matting and buffer strips and revegetated with native grasses, shrubs and/or trees so that there is no net loss of ecological functions. e. All forms of shore stabilization shall be constructed and maintained in a manner that does not degrade the quality of affected waters. The County may require reasonable conditions to achieve this objective such as setbacks, buffers, or storage basins. Shore stabilization shall allow for normal ground water movement and surface runoff. g. Selection of materials for projects shall be in conformance with applicable engineering standards. 166 CHAPTER 10 - SHORELINE STABILIZATION 23.100.13.13.4 Viewpoints and Public Access a. Where appropriate, larger public or private shore stabilization projects shall be required to maintain, replace or enhance existing public access opportunities by incorporating physical or visual access areas and/or facilities into the design of the project. b. Publicly financed or subsidized shoreline stabilization shall not restrict appropriate public access to the shoreline and shall provide new public access except where such access is determined to be infeasible because of incompatible uses, safety, security, or harm to shoreline ecological functions. 23.100.13.13.5 Application Materials Geotechnical reports required pursuant to this section shall address the need for shoreline stabilization and shall include the following: a. A scaled site plan showing: (1) The location of existing and proposed shore stabilization, structures, fill, and vegetation, with dimensions indicating distances to the OHWM; and (2) Existing site topography, preferably with 2-foot contours. b. A description of the processes affecting the site, and surrounding areas that influence or could be influenced by the site, including areas in which stream processes, lake or marine geomorphic processes affect the site, including, but not limited to: (1) Soil erosion, deposition, or accretion; (2) Evidence of past or potential channel migration; (3) Evidence of past or potential erosion due to tidal action and/or waves; (4) Littoral drift; and (5) An estimate of shoreline erosion rates. C. A description and analysis of the urgency and risk associated with the specific site characteristics. d. A discussion and analysis demonstrating conformance with the standards enumerated in WCC 16.16. 23.100.13.0 Shoreline Stabilization — Shoreline Area Regulations 1. Urban: a. Bulkheads, revetments, and bioengineering approaches are permitted subject to policies and regulations of this Program. b. Groins, breakwaters and jetties may be permitted as a conditional use. 167 590 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM C. Gabions are prohibited. 2. Urban Resort: a. Bulkheads, revetments, and bioengineering approaches are permitted subject to policies and regulations of this Program. b. Groins, breakwaters and jetties may be permitted as a conditional use. C. Gabions are prohibited. 3. Urban Conservancy: a. Bulkheads, revetments, and bioengineering approaches are permitted subject to policies and regulations of this Program. b. Breakwaters and jetties may be permitted as a conditional use if accessory to a water -dependent use and littoral sediment transport is not significantly disrupted. C. Groins and gabions are prohibited. 4. Shoreline Residential: a. Bulkheads, revetments, and bioengineering approaches are permitted subject to policies and regulations of this Program. b. Groins, breakwaters and jetties may be permitted as a conditional use. C. Gabions are prohibited. 5. Rural: a. Bulkheads, revetments, and bioengineering approaches are permitted subject to policies and regulations of this Program. b. Groins, breakwaters and jetties may be permitted as a conditional use. C. Gabions are prohibited. 6. Resource: a. Bulkheads, revetments, and bioengineering approaches are permitted subject to policies and regulations of this Program. b. Groins, breakwaters and jetties may be permitted as a conditional use. C. Gabions are prohibited. 168 591 CHAPTER 10 — SHORELINE STABILIZATION 7. Conservancy: a. Bulkheads, revetments, and bioengineering approaches are permitted subject to policies and regulations of this Program. b._ Breakwaters and jetties may be permitted as a conditional use if accessory to a water -dependent use and littoral sediment transport is not significantly disrupted. C. Groins and gabions are prohibited. 8. Natural: Shoreline stabilization is prohibited; except that, bioengineering approaches may be permitted as a conditional use when necessary to restore an eroding accretion shoreform or to retard erosion elsewhere. 9. Aquatic: a. Bioengineering approaches are. permitted on tidelands and shorelands when necessary to restore an eroding accretion shoreform or to retard erosion elsewhere subject to policies and regulations of this Program. b. Groins, breakwaters, and jetties may be permitted as a conditional use if such development is permitted in the abutting upland shoreline area designation. C. Bulkheads or revetments are prohibited except for an approved water -dependent development subject to policies and regulations of this Program. d. Gabions are prohibited. 169 592 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM 23.100.14 Signs Signs in shoreline areas shall be subject the policies and regulations of this Section and Chapter 9. 23.100.14.A Signs — Policies Whatcom County recognizes the constitutional right for property owners to communicate using signs on their property. These policies are intended to ensure that signage within shoreline areas is consistent with the purpose and intent of the Act and this Program by addressing impacts to ecological functions, public safety and visual aesthetics. 2. Signs should be located, designed and maintained to be visually compatible with local shoreline scenery as seen from both land and water, especially on shorelines of statewide significance. 3. Sign location and design should not significantly impair shoreline views. 4. As a preferable alternative to continued proliferation of single purpose signs, communities, districts, and/or multi -use or multi -tenant commercial developments are encouraged to erect single, common use gateway signs to identify and give directions to local premises and public facilities. 5. Signs of a commercial or industrial nature should be limited to those areas or premises to which the sign messages refer. 6. Billboards and other off -premise signs are not water -dependent, reduce public enjoyment of or access to shorelines, and often lower values of nearby properties. Such signs should not be located on shorelines except for approved community gateway or directional signs. 7. Signs near scenic vistas and view points should be restricted in number, location, and height so that enjoyment of these limited and scarce areas is not impaired. 8. Free-standing signs should be located to avoid blocking scenic views and be located on the landward side of public transportation routes which generally parallel the shoreline. 9. To minimize negative visual impacts and obstructions to shoreline access and use, low profile, on -premise wall signs are strongly preferred over free-standing signs or off - premises wall signs. 10. Signs should be designed mainly to identify the premises and nature of enterprise without unduly distracting uninterested passers-by. Moving or flashing signs should be prohibited on shorelines. 23.100.14.113 Signs — Regulations Unless otherwise prohibited by zoning regulations or this Program, shoreline developments are permitted to maintain a total of three (3) on -premise signs. Only one (1) may be a free-standing, roof, or projecting sign; provided, that if this sign is double- 170 593 CHAPTER 10 - SIGNS faced, then only one (1) other wall sign is permitted. This provision does not apply to private informational signs posted on private property by the owner for reasonable purposes such as address, home occupation signs, No Trespass, and temporary signs such as For Sale, Rent and campaign signs; provided, no sign exceeds four (4) square feet in area. All signs proposed for a development requiring a substantial development permit shall be designated on application and approval documents. 2. Multiuse or multi -tenant commercial developments shall erect no more than one (1) sign at each street gateway. Communities, neighborhoods and districts shall erect no more than one (1) sign at each street gateway identifying the name of the community or neighborhood and give directions to local premises and public facilities. 4. Exception: Signs required by law and signs posted for legitimate safety purposes shall not be subject to limitations with respect to the number, location, and/or size provided that they are the minimum necessary to achieve the intended purpose. Such signs include but are not limited to official or legal notices issued and posted by any public agency or court, or traffic directional or warning signs. All building signs shall be integrated with building design. Roof signs shall be designed to occupy a design feature of the roof such as a dormer or gable and may not be placed above the peak of a pitched roof or the eve of a flat roof. Projecting signs shall be incorporated in a marquee, canopy, or other architectural feature. 6. Applications for substantial development permits shall include a conceptual sign package addressing the size and location of all signs and shall include design standards to assure that all signs in a development are consistent in terms of material, color, height, size, and illumination. 7. Sign permits not associated with a substantial development permit shall demonstrate compliance with all provisions of this code and shall be similar to and compatible with other signs in a development under a single ownership or approved as an integrated development. Sign illumination shall be indirect incorporating exterior lighting shining on the sign, or shadow illumination behind non -transparent materials. Internally illuminated signs are prohibited. 9. Distracting Devices: Any signs or other devices which flash, blink, flutter, rotate, oscillate, or otherwise purposely fluctuate in lighting or position, in order to attract attention through their distractive character, are prohibited on shorelines; provided that, searchlights, pennants, banners and other devices of seasonal, holiday, or special event character may be utilized for up to ninety (90) days in one (1) year. 10. Free-standing signs other than those private informational signs described in subsection SMP 23.100.14.13.1 are prohibited between a public right-of-way and the water where the water body is visible from the public right-of-way. 11. To protect views from the water or publicly accessible beaches or lands adjacent to the water, free-standing signs other than those private informational signs described in subsection SMP 23.100.14.B.1 are prohibited between buildings and OHWM, and 171 594 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM waterward of a line drawn from the nearest point of the building parallel to the shoreline; provided that, where a public road or path separates said building from the OHWM, up to one (1) free-standing sign not to exceed 12 square feet is permitted between the road or path and said building. 12. Signs may not be located in critical areas or buffers as established by WCC 16.16 except as otherwise provided for in WCC 16.16; provided that, pursuant to SMP 23.100.14.B.1 and 23.100.14.B.4, signs may be permitted within critical area buffers where the placement of such signs does not require the removal of vegetation. 13. Minimum required setbacks for permanent free-standing signs are: a. From the ordinary high water mark where not subject to critical areas or buffers: 50 feet b. From side property lines: 10 feet C. Maximum height: 15 feet 14. Building mounted signs are subject to setbacks applicable to buildings. Height of wall signs may be measured from the floor elevation of the uppermost finished story; provided, the sign does not project above the roof of the building. Roof signs shall not extend higher than the maximum height of the primary building. 15. Sign Area Limit a. The maximum area of individual sign faces shall be consistent with applicable zoning standards, provided that, the combined area of sign faces per premise shall not exceed 60 square feet with a maximum face area of free-standing signs not to exceed 12 square feet in all shoreline designations where signs are permitted, except on Aquatic, Urban Conservancy, and Conservancy shorelines and shorelines of statewide significance where the total sign area shall not exceed 24 square feet per premise and free-standing signs shall not exceed 4 square feet. b. The size of individual building or tenant signs shall be governed in accordance with the following table. Relevant building wall vertical Maximum sign surface Maximum surface area or facade area for a area for that facade Sign Area tenant 1 2 -specific Below 100 sq. ft. 4 sq. ft. 4 sq. ft. 100 — 199 sq. ft. 4 sq. ft. + 4% of the fagade area 8 sq. ft. over 100 sq. ft. 200 — 499 sq. ft. 10 sq. ft. + 3% of the fagade area 20 sq. ft. over 200 sq. ft. 500 sq. ft. or greater 26 sq. ft. + 2% of the fagade area 40 sq. ft. over 500 sq. ft. up to a maximum of 40 sq. ft. 172 595 CHAPTER 10 — SIGNS (1) Includes only vertical building walls, excludes all roof area above the eaves and any dormers or other vertical areas above roof eaves. For building tenants, includes the area of the projection of the interior partitions onto the exterior wall. (2) On Aquatic and Conservancy shorelines and shorelines of statewide significance, no sign visible from a public right-of-way, the water, or publicly accessible beaches or lands adjacent to the water, shall exceed 24 square feet, and free-standing signs shall not exceed 4 square feet. 16. Free-standing signs shall be entirely self-supporting and structurally sound without permanent use of guy wires or cables. 17. Signs shall comply with the standards in this section at any time a change in use or modification of structures requiring a substantial development permit is approved. Abandoned or derelict signs should either be properly restored or completely removed within a reasonable period of time by the sign owner or property owner as necessary. 23.100.14.0 Signs — Shoreline Area Regulations 1. Urban: Sign development is permitted subject to policies and regulations of this Program. 2. Urban Resort: Sign development is permitted subject to policies and regulations of this Program. 3. Shoreline Residential: Sign development is permitted subject to policies and regulations of this Program. 4. Urban Conservancy: Sign development is permitted subject to policies and regulations of this Program. 5. Rural: Sign development is permitted subject to policies and regulations of this Program. 6. Resource: Sign development is permitted subject to policies and regulations of this Program. 7. Conservancy: Sign development is permitted subject to policies and regulations of this Program. 8. Natural: Sign, development is prohibited, except for trail marking, hazard warnings, or interpretive scientific or educational purposes and personal signs provided for in SMP 23.100.14.B.1. Such permitted signs shall be limited in size and number to those required to affect their purpose. 9. Aquatic: Only wall signs and low profile free-standing signs under 30 inches in height for water -dependent uses are permitted, except as provided for in SMP 23.100.14.B.1 and B.4. No one premise may maintain more than two (2) signs in an Aquatic shoreline area. 173 596 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM 23.100.15 Transportation Roads, railways, and other transportation developments in shoreline areas shall be subject to the policies and regulations of this Section and Chapter 9. These policies and regulations apply to both public transportation projects and private transportation projects. 23.100.15.A Transportation — Policies New public or private transportation facilities should be located inland from the land/water interface, preferably out of the shoreline, unless: a. Perpendicular water crossings are required for access to authorized uses consistent with this Program; or Facilities are primarily oriented to pedestrian and non -motorized use and provide an opportunity for a substantial number of people to enjoy shoreline areas, and are consistent with policies and regulations for ecological protection in SMP 23.90.03, 2. Transportation facilities should be located and designed to avoid public recreation and public access areas and significant natural, historic, archaeological or cultural sites. 3. Parking is not a preferred use in shorelines and should only be allowed to support authorized uses where no feasible alternatives exist. 4. New or expanded public transportation facility route selection and development should be coordinated with related local and state government land use and circulation planning. 5. Transportation system route planning, acquisition, and design in the shoreline should provide space wherever possible for compatible multiple uses such as utility lines, pedestrian shore access or view points, or recreational trails. 6. Transportation system plans and transportation projects within shorelines should provide safe trail space for non -motorized traffic such as pedestrians, bicyclists, or equestrians. Space for such uses should be required along roads on shorelines, where appropriate, and should be considered when rights -of -way are being vacated or abandoned. 7. Public access should be provided to shorelines where safe and compatible with the primary and adjacent use, or should be replaced where transportation development substantially impairs lawful public access. Viewpoints, parking, trails and similar improvements should be considered for transportation system projects in shoreline areas, especially where a need has been identified. 8. Public transportation routes, particularly arterial highways and railways, should be located, designed, and maintained to permit safe enjoyment of adjacent shore areas and properties by other appropriate uses such as recreation or residences. Vegetative screening or other buffering should be considered. 174 597 CHAPTER 10 -TRANSPORTATION 23.100.15.13 Transportation — Regulations 23.100.15.13.1 Design and Operation a. Transportation facilities on shorelines shall be designed to generally follow natural topography, to minimize cuts and/or fills, to avoid cutting off meander bends or point bars, and to avoid adverse impacts to shoreline ecological functions and processes. Wherever such roads or railway embankments cross depressions remaining from remnant channels and oxbow bends, crossings of ample cross-section shall be provided to span the remnant feature. b. Raised arterial roads or railways shall be built outside the floodway except for necessary crossings. If built in the Ioodway fringe, such routes should be aligned generally parallel to outside stream bends so they will also act as setback dikes. Any parking areas required along such roads shall be sited at the base of the embankment and at the downstream corner of large accretion beaches, thus requiring no or minimal flood control works or shoreline stabilization. Local access roads in floodplains shall be built at valley floor grade level so that floodwaters are not abnormally obstructed nor diverted. Transportation facilities shall be designed so that no significant loss of floodway capacity or measurable increase in predictable flood levels will result. If transportation facilities are intended to secondarily provide flood control, they shall comply with policies and regulations for Flood Control Works under SMP 23.100.06. If a road is demonstrated to be necessary along an accretion shoreform, the waterward road shoulder shall be set back far enough from the primary berm so that the berm may absorb the high energy of storm tide breakers, as well as prevent road bed erosion and allow optimum recreational use of these scarce shore features. d. Spans on rivers shall avoid placing structures within the channel migration zone or other dynamic, shifting channel elements such as bends. e. Parking facilities are not a water -dependent use and shall only be permitted in the shoreline to support an authorized use where it can be demonstrated that there are no feasible alternative locations away from the shoreline. Parking facilities shall be buffered from the waters' edge and less intense adjacent land uses by vegetation, undeveloped space, or structures developed for the authorized primary use. Earth cut slopes and other exposed soils shall be placed, compacted, and planted or otherwise stabilized and protected from surface runoff with native vegetation. Transportation facilities sited close to water, wetlands or other sensitive features shall incorporate the maximum feasible buffer of native vegetation in accordance with critical area regulations in WCC 16.16. Bridge supports and abutments shall be designed and spaced so they do not act as walls baffling or blocking flood waters, or interrupting stream channel processes or littoral drift. Bridges or bottomless culverts or other similar structures shall be used in accordance with WDFW guidance to protect shoreline ecological functions and processes. Bridge approaches in floodways shall be constructed on open piling, support piers, or other similar measures to preserve hydraulic processes. 175 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM Transportation facilities shall be constructed of materials that will not adversely affect water quality or aquatic plants and animals over the long term. Elements within or over water shall be constructed of materials approved by applicable state agencies for use in water for both submerged portions and other components to avoid discharge of pollutants from splash, rain or runoff. Wood or pilings treated with creosote, pentachlorophenol or other similarly toxic materials is prohibited. Preferred materials are concrete and steel. Parking areas shall be developed utilizing low impact development techniques whenever possible including, but not limited to, the use of permeable surfacing materials. k. Transportation development shall be carried out in a manner that maintains or improves State water quality standards for affected waters. Non -emergency construction and repair work shall be scheduled for that time of year when seasonal conditions (weather, streamflow) permit optimum feasible protection of shoreline ecological functions and processes. M. Maintenance activity including vegetation control and erosion control shall be carried out consistent with this Program. Necessary minor resurfacing of existing roadways and replacement of culverts that improve shoreline ecological functions may be exempt from substantial development permit requirements as provided by SMP 23.60.02. n. RCW 36.87.130 prohibits the County from vacating any County road that abuts a body of saltwater or freshwater except for port, recreational, educational or industrial purposes. Therefore, development, abandonment, or alteration of undeveloped County road ends within SMP jurisdiction is prohibited unless approved in accordance with this Program. o. Minimum required setbacks from shorelines are contained in SMP 23.90.13 - Setback, Height and Open Space Standards for Shoreline Development. 23.100.15.6.2 Application Requirements All applications for new or expanded transportation facilities shall be accompanied by adequate documentation that the proposal meets the policies and regulations of this Program, including but not limited to: Documentation that the facility cannot be feasibly located outside of shoreline jurisdiction due to the uses served or the need to connect specific end points. An analysis of alternatives may be required. New or expanded public or private transportation facilities should be located inland from the land/water interface, preferably out of the shoreline. b. Documentation that the facilities are primarily oriented to pedestrian use and provide an opportunity for a substantial number of people to enjoy shoreline areas. C. Documentation that the proposed facilities comply with critical area regulations in WCC 16.16. Documentation of how the location, design and use achieves no net loss of shoreline ecological functions and incorporate appropriate mitigation in accordance with SNIP 23.90.03. 176 599 CHAPTER 10 -TRANSPORTATION e. Documentation that facilities avoid public recreation areas and significant natural, historic, archaeological or cultural resources, or that no alternative is feasible outside of the shoreline and that all feasible measures to minimize adverse impacts have been incorporated into the proposal. 23.100.15.0 Transportation — Shoreline Area Regulations Urban: Transportation facilities are permitted subject to policies and regulations of this Program. Transportation facilities not serving a specific approved use, including roads, railways, and parking areas may be permitted as a conditional use, provided there is no feasible location outside of the shoreline. 2. Urban Resort: Transportation facilities are permitted subject to policies and regulations of this Program. Transportation facilities not serving a specific approved use, including roads, railways, and parking areas may be permitted as a conditional use, provided there is no feasible location outside of the shoreline. Urban Conservancy: Transportation facilities are permitted only for access to approved development, subject to policies and regulations of this Program. 4. Shoreline Residential: Transportation facilities are permitted subject to policies and regulations of this Program. Transportation facilities not serving a specific approved use, including roads, railways, and parking areas may be permitted as a conditional use, provided there is no feasible location outside of the shoreline. 5. Rural: Transportation facilities are permitted subject to policies and regulations of this Program. Transportation facilities not serving a specific approved use, including roads, railways, and parking areas may be permitted as a conditional use, provided there is no feasible location outside of the shoreline. 6. Resource: Transportation facilities are permitted subject to policies and regulations of this Program. Transportation facilities not serving a specific approved use, including roads, railways, and parking areas may be permitted as a conditional use, provided there is no feasible location outside of the shoreline. 7. Conservancy: Transportation facilities are permitted only for access to approved development, subject to policies and regulations of this Program. 8. Natural: Transportation facilities are prohibited, except to access approved recreational development. 9. Aquatic: Access to water -dependent or water -related uses, such as ferry terminals, is permitted subject to policies and regulations of this Program. New or expanded bridge crossings for nonwater-dependent or nonwater-related uses may be permitted as a conditional use. 177 •11 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM 23.100.16 Utilities Utility development in shoreline areas shall be subject to the policies and regulations of this Section and Chapter 9. These policies and regulations apply to both public and private utilities. 23.100.16.A Utilities — Policies New public or private utilities should be located inland from the land/water interface, preferably out of the shoreline jurisdiction, unless: a. Perpendicular water crossings are unavoidable; or b. Utilities are required for authorized shoreline uses consistent with this Program. 2. Utilities should be located and designed to avoid public recreation and public access areas and significant natural, historic, archaeological or cultural resources. 3. Utilities should be located, designed, constructed, and operated to result in no net loss of shoreline ecological functions and processes with appropriate mitigation as provided in SMP 23.90.03. 4. All utility development should be consistent with and coordinated with all local government and state planning, including comprehensive plans and single purpose plans to meet the needs of future populations in areas planned to accommodate growth. Site planning and rights -of -way for utility development should provide for compatible multiple uses such as shore access, trails, and recreation or other appropriate use whenever possible; utility right-of-way acquisition should also be coordinated with transportation and recreation planning. 5. Utilities should be located in existing rights -of -way and corridors whenever possible. 6. Utilities serving new development should be located underground, wherever possible. 7. Development of pipelines and cables on aquatic lands and tidelands, particularly those running roughly parallel to the shoreline, and development of facilities that may require periodic maintenance which would disrupt shoreline ecological functions should be discouraged except where no other feasible alternative exists. When permitted, provisions shall assure that the facilities do not result in a net loss of shoreline ecological functions or significant impacts to other shoreline resources and values. 23.100.16.13 Utilities — Regulations 23.100.16.13.1 Design and Operation a. Water Systems: (1) Components of water systems which are not water -dependent shall be located away from shoreline jurisdiction unless alternative locations, including alternative technology, are demonstrated to be infeasible and it is demonstrated that the facilities do not result in a net loss of shoreline ecological functions and processes 178 601 CHAPTER 10 - UTILITIES or significant adverse impacts to other shoreline resources and values such as parks and recreation facilities, public access and archaeological, historic, and cultural resources, and aesthetic resources. (2) Private and public intake facilities, and wells on shorelines should be located where there will be no net loss in ecological functions or adverse impacts upon shoreline resources, values, natural features, or other users. (3) Desalinization facilities shall be located consistent with critical area regulations and buffers, except for water -dependent components such as water intakes. b. Sewage Systems: (1) Sewage trunk lines, interceptors, pump stations, treatment plants and other components that are not water -dependent shall be located away from shoreline jurisdiction unless alternative locations, including alternative technology, are demonstrated to be infeasible and it is demonstrated that the facilities do not result in a net loss of shoreline ecological functions and processes or significant impacts to other shoreline resources and values such as parks and recreation facilities, public access and archaeological, historic, and cultural resources, and aesthetic resources. (2) Outfall pipelines and diffusers are water -dependent, but should be located only where there will be no net loss in shoreline ecological functions and processes or adverse impacts upon shoreline resources and values. (3) Septic tanks and drainfields are prohibited where public sewer is reasonably available. C. Solid Waste Facilities: (1) Facilities for processing, storage and disposal of solid waste are not normally water -dependent. Components that are not water -dependent shall not be permitted Ion shoreline jurisdiction. (2) Disposal of solid waste on shorelines or in water bodies has potential for severe adverse effects upon ecological processes and functions, property values, public health, natural resources, and local aesthetic values and shall not be permitted. (3) Temporary storage of solid waste in suitable receptacles is permitted as an accessory use to a primary permitted use, or for litter control. d. Oil, Gas and Natural Gas Transmission: (1) Oil, gas and natural gas pipelines, except local service lines, shall not be located in shoreline jurisdiction unless alternatives are demonstrated to be infeasible and shall include analysis of alternative- routes avoiding aquatic lands and including alternative technology. (2) Natural gas local service lines shall not be located in shoreline areas unless serving approved shoreline uses. Crossings of shorelines shall not be approved unless alternatives are demonstrated to be infeasible. Application materials shall 179 602 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM include an analysis of alternative routes avoiding aquatic lands, including an analysis of alternative technology. (3) Application for oil, gas and natural gas pipelines shall demonstrate that the facilities do not result in a net loss of shoreline ecological functions and processes or significant impacts to other shoreline resources and values. (4) Developers and operators of pipelines and related appurtenances for gas and oil shall be required to demonstrate adequate provisions for preventing spills or leaks, as well as established procedures for mitigating damages from spills or other malfunctions and shall demonstrate that periodic maintenance will not disrupt shoreline ecological functions. e. Electrical Energy and Communication Systems: (1) Energy and communication systems including substations, towers, transmission and distribution lines have critical location requirements, but are not normally water -dependent. Systems components that are not water -dependent shall not be located on shoreline jurisdiction unless alternatives are infeasible. Application materials for such facilities shall include an analysis of alternative routes avoiding aquatic lands, including an analysis of alternative technology. (2) Underground placement of lines shall be required on shorelines for new or replacement lines that are parallel to the shoreline, and do not cross water or other critical areas defined in WCC 16.16, provided that maintenance of existing aerial lines above 35kv may be permitted above ground where alternatives are demonstrated to be impractical and/or infeasible. New or replacement lines that cross water or other critical areas defined in WCC 16.16 may be required to be placed underground depending on impacts on ecological functions and processes and visual impacts, provided that maintenance of existing aerial lines above 35kv may be permitted above ground where alternatives are demonstrated to be impractical and/or infeasible. Poles or supports treated with creosote or other wood preservatives that may be mobile in water shall not be used along shorelines or associated wetlands. Where road right-of-ways or easements are within 150 feet and also are parallel to the shoreline for more than 500 feet, no new overhead wiring shall be installed between the road and OHWM. (3) Utilities for new development within the shoreline shall be installed underground. Fire Protection Facilities: Storage and handling facilities for water borne fire fighting or rescue equipment may be permitted on shoreline jurisdiction at locations which are suitable considering the purpose of the proposal and the policies of this Program. g. Other Utility Production and Processing Facilities: Other utility processing facilities, such as power plants, that are nonwater-oriented shall not be allowed in shoreline jurisdiction unless no other feasible alternative is available. Minimum required setbacks from shorelines and side property lines and maximum height limits are contained in SMP 23.90.13 - Setback, Height and Open Space Standards for Shoreline Development. 180 603 CHAPTER 10 —UTILITIES Site Coverage: Maximum site coverage for utility development including parking and storage areas shall not exceed standards in the underlying zoning in WCC Title 20 and shall not exceed fifty percent (50%) on Urban, Urban Resort and Shoreline Residential shorelines, thirty-five percent (35%) on Rural and Resource shorelines and twenty percent (20%) on Urban Conservancy and Conservancy shorelines. 23.100.16.13.2 Application Requirements All applications for new or expanded utilities shall be accompanied by adequate documentation that the proposal meets the policies and regulations of this Program, including but not limited to: a. Documentation that the facility cannot be feasibly located outside of shoreline jurisdiction due to the uses served or the need to cross shorelands to connect specific end points. An analysis of alternatives may be required. New or expanded public or private utilities should be located inland from the land/water interface, preferably out of shoreline jurisdiction. b. Documentation that the proposed facilities comply with critical area regulations in WCC 16.16. C. Documentation of how the location, design and use achieves no net loss of shoreline ecological functions and incorporates appropriate mitigation in accordance with SMP 23.90.03. d. Documentation that facilities will avoid public recreation areas and significant natural, historic, archaeological or cultural sites, and that all feasible measures to minimize adverse impacts to such resources have been incorporated into the proposal. e. Applications must demonstrate adequate provisions for preventing spills or leaks, as well as procedures for mitigating damages from spills or other malfunctions and shall demonstrate that periodic maintenance will not disrupt shoreline ecological functions. 23.100.16.0 Utilities — Shoreline Area Regulations 1. Urban: Utility development consisting of local distribution facilities is permitted subject to policies and regulations of this Program. Regional facilities, including transmission facilities serving customers outside of Whatcom County may be permitted as a conditional use, provided there is no feasible location outside the shoreline. Desalinization facilities may be permitted as a conditional use. 2. Urban Resort: Utility development consisting of local distribution facilities is permitted subject to policies and regulations of this Program. Regional facilities, including transmission facilities serving customers outside of Whatcom County may be permitted as a conditional use, provided there is no feasible location outside the shoreline. Desalinization facilities may be permitted as a conditional use. 3. Urban Conservancy: Utility development consisting of local distribution facilities is permitted subject to policies and regulations of this Program; provided that, sewage outfalls and treatment plants, over -water communication or power lines, fuel pipelines, and other types of hazardous material pipelines may be permitted as a conditional use, provided there is no feasible location outside the shoreline. Regional facilities, including transmission facilities serving customers outside of Whatcom County may be permitted 181 M WHATCOM COLINTY SHORELINE MANAGEMENT PROGRAM as a conditional use, provided there is no feasible location outside the shoreline. Free- standing communication towers are prohibited. Desalinization facilities may be permitted as a conditional use. 4. Shoreline Residential: Utility development consisting of local distribution facilities is permitted subject to policies and regulations of this Program. Regional facilities, including transmission facilities serving customers outside of Whatcom County may be permitted as a conditional use, provided there is no feasible location outside the shoreline. Desalinization facilities may be permitted as a conditional use. 5. Rural: Utility development consisting of local distribution facilities is permitted subject to policies and regulations of this Program. Regional facilities, including transmission facilities serving customers outside of Whatcom County may be permitted as a conditional use, provided there is no feasible location outside the shoreline. Desalinization facilities may be permitted as a conditional use. 6. Resource: Utility development consisting of local distribution facilities is permitted subject to policies and regulations of this Program. Regional facilities, including transmission facilities serving customers outside of Whatcom County may be permitted as a conditional use, provided there is no feasible location outside the shoreline. Desalinization facilities may be permitted as a conditional use. 7. Conservancy: Utility development consisting of local distribution facilities is permitted subject to policies and regulations of this Program; provided that, sewage outfalls and treatment plants, over -water communication or power lines, fuel pipelines, and other types of hazardous material pipelines may be permitted as a conditional use, provided there is no feasible location outside the shoreline. Regional facilities, including transmission facilities serving customers outside of Whatcom County may be permitted as a conditional use, provided there is no feasible location outside the shoreline. Free- standing communication towers are prohibited. Desalinization facilities may be permitted as a conditional use. 8. Natural: a. Utility development is prohibited. b. Maintenance of existing utilities is permitted and shall take extraordinary measures in protecting the natural features therein. 9. Aquatic: a. Submarine electrical or communications cables, over -water public utility lines consisting of local distribution facilities if adequately flood proofed, water intakes, and desalinization facility intakes are permitted subject to policies and regulations of this Program. b. Submarine water and sewer lines, fuel pipelines, sewer, and desalination outfalls may be permitted as conditional uses. C. Crossings of water bodies, by over -water transmission or distribution lines and on - site electrical communication wiring may be permitted within 100 feet of the OHWM 182 605 CHAPTER 10 - UTILITIES and wetlands and over bodies of water as a conditional use. All other utility development is prohibited. 183 •1• WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM 23.100.17 Cherry Point Management Area 23.100.17.A Cherry Point Management Area — Policies 23.100.17.A.1 Purpose and Intent a. The purpose of the Cherry Point Management Area is to provide a regulatory framework that recognizes and balances the special port, industrial and natural resource needs associated with the development of this marine resource. This section identifies policies, and regulations for water -dependent industrial activities that apply in addition to specific other elements of this Program as referenced herein. 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 other materials. For this reason, water -dependent terminal facilities are encouraged as the preferred use in the Cherry Point Management Area. Due to the environmental sensitivity of the area, it is the policy of Whatcom County to limit the number of piers to one (1) pier, in addition to those in operation or approved as of January 1, 1998. d. Whatcom County should consider participation with local, state, and federal agencies, tribal governments and other stakeholders in the development of a plan to address integrated management of the uplands and public aquatic lands within the Cherry Point Management Area. The development of such a plan could provide a forum and process for addressing aquatic resources by all stakeholders. Elements of the plan could be adopted as future amendments to this Program as appropriate. e. All development that is to be located within the Cherry Point Management Area, as defined in Chapter 11, shall be subject to the policies and regulations found in Section 23.100.17 of this chapter, and shall not be subject to the policies and regulations found in Sections 23.100.01 through 23.100.16, nor Chapter 9, unless otherwise referenced in Section 23.100.17. The policies and regulations found in Section 23.100.17 are applicable only within the geographic boundaries of the Cherry Point Management Area and do not apply elsewhere in the county. In the event that the provisions of Section 23.100.17 conflict with other applicable referenced provisions of this Program, the policies and regulations that are most protective of shoreline resources shall prevail. 23.100.17.A.2 Water -dependent Industrial Development Only water -dependent facilities that serve industrial facilities should be allowed in the Cherry Point Management Area. Industry within the Major Port/Industrial Urban Growth Area, as designated in the County Comprehensive Plan, which is not water -dependent should locate away from shoreline jurisdiction. 23.100.17.A.3 Multiple Use Facilities 184 607 CHAPTER 10 - CHERRY POINT MANAGEMENT AREA Facilities that allow for multiple use of piers, cargo handling, storage, parking and other accessory facilities are encouraged. 23.100.17.A.4 Public Access a. Where appropriate, industrial and port development within the Cherry Point Management Area should provide public beach and shoreline access in a manner that does not cause interference with facility operations or present hazards to life and property. This may be accomplished through individual action or by joint, coordinated action with other developers and landowners, for example, by setting aside a common public access area. b. Special emphasis should be given to providing public beach and shoreline access for recreational opportunities including but not limited to crabbing, small craft launching, surf fishing, picnicking, clamming, and beach walking. Public access within the Cherry Point Management Area should be consistent with the Whatcom County Parks and Recreation Open Space Plan. 23.100.17.A.5 Shoreline Ecological Functions and Processes In recognition of the diverse and vital ecological resources in the Cherry Point Management Area, consideration of probable effects. of all development proposals on shoreline ecological functions and processes should be assessed with the other long term statewide interests. -New port development that requires dredge and fill should not be permitted in the Cherry Point Management Area due to potential adverse effects on ecological functions, including fish and shellfish habitat and geo-hydraulic processes. 23.100.17.A.6 Aesthetics All development should be designed to avoid or minimize negative visual impacts on the scenic character of the area and to ensure visual compatibility with adjacent non -industrial zoned properties. 23.100.17.A.7 Site Development All development should be constructed and operated in a manner that protects shoreline resources, their ecological functions and processes, and that incorporates the following: a. Low impact development approaches to avoid or minimize adverse impact to topography, vegetation, water quality, fish and wildlife habitat, and other natural site conditions; b. Adequate temporary and permanent management measures to control erosion and sediment impacts during construction and operation; and Adequate stormwater management facilities. 23.100.17.113 Cherry Point Management Area — Regulations 23.100.17.113.1 Allowed Use 185 •1: WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM a. Water -dependent industrial and port uses are allowed within the Cherry Point Management Area provided that specific findings are made in a shoreline substantial development permit or conditional use permit that: (1) policies for optimum implementation of the statewide interest have been achieved through protection of shoreline ecological functions and processes; (2) the long term statewide benefits of the development have been considered with the potential adverse impacts on ecological functions; and (3) proposed mitigation measures to achieve no net loss of ecological functions and processes are incorporated in the proposal. b. Water -related and water -enjoyment uses are allowed only as part of public access and public recreation development, subject to the findings in (a) above. C. Accessory development, which does not require a shoreline location in order to carry out its support functions, shall be sited away from the land/water interface and landward of the principal use. Accessory development shall observe critical area buffers in WCC 16.16. Accessory development includes, but is not limited to, parking, warehousing, open air storage, waste storage and treatment, stormwater control facilities, utility and land transport development. d. Road, railway and utility facilities serving approved waterfront facilities related to water - dependent uses that are located and designed to minimize shoreline alteration are permitted. e. Waste water disposal/treatment facilities for storage or disposal of industrial or domestic waste water are prohibited, except that elements such as conveyances and outfalls shall be allowed if alternate inland sites have been demonstrated to be infeasible. Waste water conveyance systems for ships at berth shall be permitted.. 23.100.17.B.2 Public Access a. Public access shall be provided in accordance with SMP 23.90.08 unless it is demonstrated that public access poses significant interference with facility operations or hazards to life or property. b. If public access meeting the criteria above is demonstrated to be infeasible or inappropriate, alternative access may be provided in accordance with SMP 23.90.08 at a location not directly adjacent to the water such as a viewpoint, observation tower, or other areas serving as a means to view public waters. Such facilities may include interpretive centers and displays that explain maritime history and industry, provided that visual access to the water is also provided. C. As an alternative to on -site public access facilities, public access may be provided in accordance with a public access plan adopted as an element of the Whatcom County Parks and Recreation Open Space Plan. 186 •1• CHAPTER 10- CHERRY POINT MANAGEMENT AREA 23.100.17.B.3 Critical Areas In addition to meeting the provisions of Ch 23.90.03 Ecological Protection and Critical Areas, development and alteration shall not be located or expanded within critical areas designated pursuant to WCC 16.16 except where the site is approved for water -dependent use, and the following are met: a. Mitigation to achieve no net loss of ecological functions and processes shall be conducted in accordance with SMP 23.90.03. b. Development and alteration shall not be allowed in wetlands in the backshore area. Upland development shall demonstrate that changes in local hydrology will not decrease the viability of the wetland environment nor degrade the existing water quality within the wetland. C. The minimum required setback from the OHWM for all industrial and port facilities, including development components, which do not require. a water's edge or water surface location shall be 150 feet; provided that, bluffs and banks greater than 10 feet in height and sloping greater than thirty percent (30%) and wetland shorelines shall have such setbacks measured from the crest of the bank or the edge of the wetland in addition to the OHWM. d. Development and alteration other than recreation development for public and quasi - public shoreline access is prohibited on the accretion shoreforms identified on the map in Appendix C, subject to the regulations in this section and consistent with the Conservancy and Aquatic Shoreline Area Designation policies and regulations of Chapters 9 and 10; provided that lawfully established uses or developments may be maintained subject to the provisions of SMP 23.50.07. 23.100.17.B.4 Location and Design a. Piers (1) Piers shall be designed to accommodate only the necessary and intrinsic activities associated with the movement of material and cargo from land to water and water to land. The length of piers shall not extend beyond that which is necessary to accommodate the draft of the vessels intending to use the facility. Due to the environmental sensitivity of the area, Whatcom County shall limit the number of piers to one (1) pier, in addition to those in operation or approved as of January 1, 1998. (2) Piers shall be designed to minimize interference in the intertidal zone and adverse impacts to fish and wildlife habitats. (3) Piers shall be designed to minimize impacts on steep shoreline bluffs. (4) All pilings in contact with water shall be constructed of materials such as concrete, steel, or other materials that will not adversely affect water quality or aquatic plants or animals. Materials used for decking or other structural components shall be approved by applicable state agencies for contact with water to avoid discharge of pollutants from wave splash, rain, or runoff. Wood treated with creosote, copper chromium arsenic or pentachlorophenol is prohibited; provided that, replacement of 187 610 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM existing wood pilings with chemically treated wood is allowed for maintenance purposes where use of a different material such as steel or concrete would result in unreasonable or unsafe structural complications; further provided that, where such replacement exceeds twenty percent (20%) of the existing pilings over a ten (10) year period, such pilings shall conform to the standard construction provisions of this section. (5) All piers on piling structures shall have a minimum vertical clearance of 1 foot above extreme high water. (6) Bulk storage of gasoline, oil and other petroleum products for any use or purpose is not allowed on piers, except for temporary storage under emergency situations, including oil spill cleanup. Bulk storage means non -portable storage in fixed tanks. Secondary containment shall be provided for portable containers. (7) All piers shall be located and designed to avoid impediments to navigation and to avoid depriving other properties of reasonable access to navigable waters. All piers shall be marked with navigational aids and approved for compliance with U.S. Coast Guard regulations. b. Dredging (1) Dredging to accommodate water access to, or construction of, new development is prohibited. New development shall be located and designed to avoid the need for dredging. Dredging for existing development shall be the minimum necessary and shall minimize interference in the intertidal zone and impacts to fish and wildlife habitats. (2) Dredging operations, including spoil disposal shall be conducted in accordance with policies and regulations in SMP 23.90.12.B.4 and 5, Dredging. (3) Dredging is prohibited in the accretion shoreform and backshore wetland areas described in Appendix C. C. Landfill is prohibited, except for the minimum necessary to access piers or other structures that provide access to the water. Pier design should accommodate the connection between the pier and uplands by employing a pile supported structure to the point of intersection with stable upland soils. Limited landfill may be allowed for pier access that does not extend further toward the OHWM than existing topography. d. Excavation/Stabilization (1) Excavation/stabilization of bluffs is prohibited, except for the minimum necessary to access piers or other structures that provide access to the water; provided that, active feeder bluffs shall not be altered if alteration will adversely affect the existing littoral drift process. New development shall avoid, rather than modify feeder bluffs. (2) Excavation/stabilization is prohibited on accretion shoreforms and in wetlands in the backshore area. 188 611 CHAPTER 10 - CHERRY POINT MANAGEMENT AREA e. Shore defense works shall be regulated in Stabilization and be consistent with the regulations of that section. 23.100.17.6.5 Adjacent Use accordance with SNIP 23.100.13, Shoreline Conservancy and Aquatic shoreline area New or expanded port or industrial development adjacent to properties which are zoned for non -industrial purposes shall provide setbacks of adequate width, to attenuate proximity impacts such as noise, light and glare; and may address scale and aesthetic impacts. Fencing or landscape areas may be required to provide a visual screen. b. Exterior lighting shall be designed and operated to avoid illuminating nearby properties zoned for non -port or non -industrial purposes so as to not unreasonably infringe on the use and enjoyment of such property, and to prevent hazards for public traffic. Methods of controlling illumination of nearby properties include, but are not limited to, limits on height of structure, limits on light levels of fixtures, light shields and screening. The minimum setback from side property lines which intersect the OHWM for industrial and port development shall be 60 feet; provided that: (1) The side yard setback shall not apply to utility or security structures such as poles, meters, fences, guard houses, power vaults or transformers; and (2) The side yard setbacks for parcels adjoining the NW and SE boundaries of the Cherry Point Management Area shall be administered in accordance with WCC 20.68.550 (Buffer Area). d. Required setbacks shall not be used for storage of industrial equipment or materials, or for waste disposal, but may be used for public access or outdoor recreation. 23.100.17.B.6 Oil and Hazardous Materials a. Release of oil or hazardous materials on shorelines is prohibited. b. A management plan shall be developed for new permitted or conditionally permitted development for the safe handling of cargo, fuels, bilge water, and toxic or hazardous materials to prevent them from entering aquatic waters, surface or ground water. Specific provisions shall address prompt and effective clean up of spills that may occur. Management plans shall be coordinated with state or federal spill response plans. Where a spill management/response plan has been approved by the State, said plan may be used to satisfy the requirements of this section. C. Necessary spill containment facilities associated with existing development may be permitted within shoreline jurisdiction where there are no feasible alternatives. 23.100.17.13.7 Recreational Development All recreational development shall comply with the policies and regulations of SNIP 23.100.10 and be consistent with the Conservancy and Aquatic shoreline area regulations of that section. 189 612 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM 23.100.17.B.8 Archaeological, Historic and Cultural Resource Management All development associated with archaeological, historic or cultural site activities shall comply with the policies and regulations of SMP 23.90.07. 190 613 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM Chapter 11 Definitions The terms used throughout this Program shall be defined and interpreted as indicated below. When consistent with the context, words used in the present tense shall include the future; the singular shall include the plural, and the plural the singular. A "Accessory Development" means any development incidental to and subordinate to a primary use of a shoreline site and located adjacent thereto. 2. "Accessory Structure" means a structure that is incidental and subordinate to a primary use and located on the same lot as the primary use, such as barns, garages, storage sheds, and similar structures. 3. "Accessory Use" means a use customarily incidental to a permitted use; provided, that such use shall be located on the same lot as the permitted use except where specifically permitted elsewhere in zoning district regulations. 4. "Accretion Shoreform" means a shoreline with a relatively stable berm and backshore that has been built up by long term deposition of sand and gravel transported by wind and/or water from a feeder bluff or other material source. Such shoreforms are scarce locally and include, but are not limited to, barrier beaches, points, spits, tombolas, pocket beaches, and point and channel bars on streams, 5. "Act' means the Shoreline Management Act of 1971 (RCW 90.58) as amended. 6. "Activity" means human activity associated with the use of land or resources. 7. "Administrator" or "Shorelines Administrator " means the Director of the Department of Planning and Development Services who is to carry out the administrative duties enumerated in this Program, or his/her designated representative. 8. "Adverse Impact' means an impact that can be measured or is tangible and has a reasonable likelihood of causing moderate or greater harm to ecological functions or processes or other elements of the shoreline environment. 9. "Agricultural Activities" means agricultural uses and practices including, but not limited to: producing, breeding, or increasing agricultural products; rotating and changing agricultural crops; allowing land used for agricultural activities to lie fallow in which it is plowed and tilled but left unseeded; allowing land used for agricultural activities to lie dormant as a result of adverse agricultural market conditions; allowing land used for agricultural activities to lie dormant because the land is enrolled in a local, state, or federal conservation program, or the land is subject to a conservation easement; conducting agricultural operations; maintaining, repairing, and replacing agricultural equipment; maintaining, repairing, and replacing agricultural facilities; and maintaining agricultural lands under production or cultivation. 191 614 CHAPTER 11 - DEFINITIONS 10. "Agricultural Equipment" and "Agricultural Facilities" include, but are not limited to: a. The following used in agricultural operations: Equipment; machinery; constructed shelters, buildings, and ponds; fences; water diversion, withdrawal, conveyance, and use equipment and facilities including, but not limited to, pumps, pipes, tapes, canals, ditches, and drains; b. Corridors and facilities for transporting personnel, livestock, and equipment to, from, and within agricultural lands; C. Farm residences and associated equipment, lands, and facilities; and d. Roadside stands and on -farm markets for marketing fruit or vegetables. 11. "Agricultural Land" means areas on which agricultural activities are conducted as of the date of adoption of this Program pursuant to the State Shoreline Guidelines as evidenced by aerial photography or other documentation. After the effective date of this Program, land converted to agricultural use is subject to compliance with the requirements herein. 12. "Agricultural Products" includes, but is not limited to, horticultural, viticultural, floricultural, vegetable, fruit, berry, grain, hops, hay, straw, turf, sod, seed, and apiary products; feed or forage for livestock; Christmas trees; hybrid cottonwood and similar hardwood trees grown as crops and harvested within twenty (20) years of planting; and livestock including both the animals themselves and animal products including, but not limited to, meat, poultry and poultry products, and dairy products. 13. "Alluvial Fan" means a fan -shaped deposit of sediment and organic debris formed where a stream flows or has flowed out of a mountainous upland onto a level plain or valley floor because of a sudden change in sediment transport capacity (e.g. significant change in slope or confinement). 14. "Alteration" means any human induced change in an existing condition of a shoreline, critical area and/or its buffer. Alterations include, but are not limited to grading, filling, channelizing, dredging, clearing (vegetation), draining, construction, compaction, excavation, or any other activity that changes the character of the area. 15. "Anadromous Fish" means fish species that spend most of their lifecycle in saltwater, but return to freshwater to reproduce. 16. "Appurtenance" means development that is necessarily connected to the use and enjoyment of a single family residence and is located landward of the OHWM and/or the perimeter of a wetland. Appurtenances include a garage, deck, driveway, utilities, fences and grading which does not exceed 250 cubic yards (except to construct a conventional drainfield). 17. "Aquaculture" means the farming or culture of food fish, shellfish, or other aquatic plants or animals in freshwater or saltwater areas, and may require development such as fish hatcheries, rearing pens and structures, and shellfish rafts, as well as use of natural spawning and rearing areas. Aquaculture does not include the harvest of free- swimming fish or the harvest of shellfish not artificially planted or maintained, including the harvest of wild stock geoducks on DNR managed lands. 192 615 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM 18. "Aquaculture Practices" means any activity directly pertaining to growing, handling, or harvesting of aquaculture produce including, but not limited to, propagation, stocking, feeding, disease treatment, waste disposal, water use, development of habitat and structures. Excluded from this definition are related commercial or industrial uses such as wholesale and retail sales, or final processing and freezing. 19. "Aquatic Shoreline Area" means an area designated pursuant to Chapter 3. 20. "Archaeological Object" means an object that comprises the physical evidence of an indigenous and subsequent culture including material remains of past human life including monuments, symbols, tools, facilities, graves, skeletal remains and technological byproducts. 21. "Archaeological Resource/Site" means a geographic locality in Washington, including, but not limited to, submerged and submersible lands and the bed of the sea within the state's jurisdiction, that contains archaeological objects. "Significant" is that quality in American history, architecture, archaeology, engineering, and culture that is present in districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association, and: a. That are associated with events that have made a significant contribution to the broad patterns of our history; or b. That are associated with the lives of significant persons in our past; or C. That embody the distinctive characteristics of a type, period or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or d. That have yielded or may be likely to yield, information important in history or prehistory. 22. "Archaeologist" means a person who has designed and executed an archaeological study as evidenced by a thesis or dissertation and has been awarded an advanced degree such as an M.A., M.S. or Ph.D. from an accredited institution of higher education in archaeology, anthropology, or history or other germane discipline with a specialization in archaeology; has a minimum of one (1) year of field experience with at least twenty- four (24) weeks of field work under the supervision of a professional archaeologist, including no less than twelve (12) weeks of survey or reconnaissance work, and at least eight (8) weeks of supervised laboratory experience. Twenty (20) weeks of field work in a supervisory capacity must be documentable with a report produced by the individual on the field work. 23. "Archaeology" means systematic, scientific study of the human past through material remains. 24. "Associated Wetlands" means wetlands that are in proximity to tidal waters, lakes, rivers or streams that are subject to the Shoreline Management Act and either influence or are influenced by such waters. Factors used to determine proximity and influence include, but are not limited to: location contiguous to a shoreline waterbody, formation by tidally 193 616 CHAPTER 11 - DEFINITIONS influenced geo-hydraulic processes, presence of a surface connection including through a culvert or tide gate, location in part or whole within the floodplain of a shoreline, periodic inundation, and/or hydraulic continuity. 25. "Average Grade Level" means the average of the natural or existing topography of the portion of the lot, parcel, or tract of real property on that part of the lot to be occupied by the building or structure as measured by averaging the elevations at the center of all exterior walls of the proposed structure. B "Backshore" means a zone of accretion or erosion lying landward of the average high - tide mark, wetted by tides during storm events. 2. "Barrier Beach" means a linear accretion shoreform of sand and/or gravel berm(s) accreted waterward of bluffs, bays, marshes or estuaries by littoral drift; the berm acts as a natural dike and seawall to its backshore or marsh hinterland. "Beach Nourishment" means a restoration or shoreline stabilization activity in which selected beach material is deposited at one or several locations in the updrift portion of a drift sector. The material is then naturally transported by waves or currents downdrift to stabilize or restore accretion shoreforms and other berms, which may be eroding due to artificial obstructions in the shore process corridor. 4. "Bedlands" means those submerged lands below the line of extreme low tide in marine waters and below the OHWM of lakes and rivers. 5. 'Bedrock" means a general term for rock, typically hard, consolidated geologic material that underlies soil or other unconsolidated, superficial material or is exposed at the surface. 6. "Berm" or "Protective Berm " means one or several accreted linear mounds of sand and gravel generally paralleling the shore at or landward of OHWM; berms are normally stable because of material size or vegetation, and are naturally formed by littoral drift. 7. 'Best Management Practices" means conservation practices or systems of practices and management measures that: a. Control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxins, and sediment; b. Minimize adverse impacts to surface water and ground water flow, circulation patterns, and to the chemical, physical, and biological characteristics of waters, wetlands, and other fish and wildlife habitats; C. Control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw material. 8. "Bioengineered Shoreline Stabilization" means biostructural and biotechnical alternatives to hardened structures (bulkheads, walls) for protecting slopes or other erosive features. Bioengineered stabilization uses vegetation, geotextiles, geosynthetics and similar materials. An example is Vegetated Reinforced Soil Slopes (VRSS), which uses 194 617 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM vegetation arranged and embedded in the ground to prevent shallow mass -movement and surficial erosion. 9. "Boat Lift" means an in -water structure used for the dry berthing of vessels above the water level and lowering of vessels into the water. A boat lift as herein defined is used to berth and launch a single vessel, suspended over the water's surface. A boat lift is generally a manufactured unit without a canopy cover and may be placed in the water adjacent to a dock or as stand-alone structure. A boat lift may be designed either for boats or personal watercraft. A boat lift is to be differentiated from a hoist or crane used for the launching of vessels. A boat lift with a canopy cover shall be considered a covered moorage for the purposes of this Program. 10. "Bog" means a type of wetland dominated by mosses that form peat. Bogs are very acidic, nutrient poor systems, fed by precipitation rather than surface inflow, with specially adapted plant communities. 11. "Breakwater" means an offshore structure that is generally built parallel to shore that may or may not be connected to land, and may be floating or stationary. Their primary purpose is to protect harbors, moorages and navigation activity from wave and wind action by creating stillwater areas along shore. A secondary purpose is to protect shorelines from wave caused erosion. 12. "Buffer (buffer zone)" means the area adjacent to a shoreline and/or critical area that separates and protects the area from adverse impacts associated with adjacent land uses. 13. "Building" means any structure used or intended for supporting or sheltering any use or occupancy as defined in the International Building Code. 14. "Building footprint" means for the purposes of this program, the ground area contained by the exterior walls of a building. 15. "Bulkhead" means a wall-like structure such as a revetment or seawall that is placed parallel to shore primarily for retaining uplands and fills prone to sliding or sheet erosion, and to protect uplands and fills from erosion by wave action. C "Channel Migration Zone" means the area along a river or stream within which the channel can reasonably be expected to migrate over time as a result of normally occurring processes. It encompasses that area of current and historic lateral stream channel movement that is subject to erosion, bank destabilization, rapid stream incision, and/or channel shifting, as well as adjacent areas that are susceptible to channel erosion. There are three components of the channel migration zone: (1) the Historical Migration Zone (HMZ)—the collective area the channel occupied in the historical record; (2) the Avulsion Hazard Zone (AHZ)—the area not included in the HMZ that is at risk of avulsion over the timeline of the CMZ; and (3) the Erosion Hazard Area (EHA)—the area not included in the, HMZ or the AHZ that is at risk of bank erosion from stream flow or mass wasting over the timeline of the CMZ. The channel migration zone may not include the area behind a lawfully constructed flood protection device. Channel migration zones shall be identified in accordance with guidelines established by the Washington State Department of Ecology. 195 CHAPTER 11 -DEFINITIONS 2. "Channelization" means the straightening, relocation, deepening or lining of stream channels, including construction of continuous revetments or levees for the purpose of preventing gradual, natural meander progression. 3. "Cherry Point Management Area" means a geographic area defined as all the shoreline areas within the jurisdiction of the Whatcom County Shoreline Management Program lying between the eastern property boundary of Tax Lots 2.27 and 2.28 within the SE 1/4 of Section 11, Township 39 North, Range 1 West, as it exists on June 18, 1987, and the southern boundary of Section 32, Township 39 North, Range 1 East, extending waterward a distance of 5000' and extending landward for 200' as measured on a horizontal plane from the OHWM. 4. "Clearing" means the removal of vegetation or plant cover by manual, chemical, or mechanical means. Clearing includes, but is not limited to, actions such as cutting, felling, thinning, flooding, killing, poisoning, girdling, uprooting, or burning. 5. "Coastal High Hazard Area" means the area subject to high velocity waters, including but not limited to, storm surge or tsunamis. The area is designated on the Flood Insurance Rate Map as Zone V1430, VE or V. 6. "Commercial Development" means those developments whose primary use is for retail, service or other commercial business activities. Included in this definition are developments such as hotels, motels, bed and breakfast establishments, shops, restaurants, banks, professional offices, grocery stores, laundromats, recreational vehicle parks, commercial rental campgrounds and cabins, whether public or private, and indoor or intensive outdoor commercial recreation facilities. Not included are private camping clubs, marinas, signs, utilities and other development. 7. "Commercial Fish" means those species of fish that are classified under the Washington Department of. Fish and Wildlife Food Fish Classification as commercial fish (WAC 220- 12-010). 8. "Compensatory Mitigation" means a project for the purpose of mitigating, at an equivalent or greater level, unavoidable impacts that remain after all appropriate and practicable avoidance and minimization measures have been implemented. Compensatory mitigation includes, but is not limited to, wetland creation, restoration, enhancement, and preservation; stream restoration and relocation, rehabilitation; and buffer enhancement. 9. "Conditional Use" for the purposes of this Program means a use, development or substantial development listed in the regulations as being permitted only as a conditional use, or not classified in this Program. Conditional uses are subject to review and approval pursuant to the criteria in Chapter 6 regardless of whether or not the proposal requires a substantial development permit. 10. "Conservancy Shoreline Area" means an area so designated in Chapter 3. F 11. "Conservation" means the prudent management of rivers, streams, wetlands, wildlife and other environmental resources in order to preserve and protect them. This includes the careful use of natural resources to prevent depletion or harm to the environment. 196 619 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM 12. "Conservation Easement" means a legal agreement that the property owner enters into to restrict uses of the land for purposes of natural resources conservation. The easement is recorded on a property deed, runs with the land, and is legally binding on all present and future owners of the property. 13. "Contaminant" means any chemical, physical, biological, or radiological substance that does not occur naturally in ground water, air, or soil or that occurs at concentrations greater than those in the natural levels (WAC 173-200). 14. "County" means Whatcom County, Washington. 15. "Covered Moorage" means a roofed floating or fixed offshore structure without walls, other than a minimal structural framework needed to support the roof, for moorage of water craft or float planes. 16. "Critical Aquifer Recharge Area" means areas designated by WAC 3.65-190-080(2) that are determined to have a critical recharging effect on aquifers (i.e., maintain the quality and quantity of water) used for potable water as defined by WAC 365-190-030(2). 17. "Critical Areas" means the following areas as designated in WCC 16.16: a. Critical Aquifer Recharge Areas b. Wetlands C. Geologically Hazardous Areas d. Frequently Flooded Areas e. Fish and Wildlife Habitat Conservation Areas 18. "Critical Habitat" means habitat areas with which endangered, threatened, sensitive or monitored plant, fish, or wildlife species have a primary association (e.g., feeding, breeding, rearing of young, migrating). Such areas are identified in WCC 16.16 with reference to lists, categories, and definitions promulgated by the Washington Department of Fish and Wildlife as identified in WAC 232-12-011 or 232-12-014; in the Priority Habitat and Species (PHS) program of the Department of Fish and Wildlife; or by rules and regulations adopted by the U.S. Fish and Wildlife Service, National Marine Fisheries Service, or other agency with jurisdiction for such designations. 19. "Current Deflector' means an angled "stub -dike", groin, or sheet -pile structure which projects into a stream channel to divert flood currents from specific areas, or to control downstream current alignment. C "Dam" means a barrier across a stream or river to confine or regulate flow or raise water levels for purposes such as flood or irrigation water storage, erosion control, power generation, or collection of sediment or debris. 197 620 CHAPTER 11 -DEFINITIONS 2. "Debris Flow" means a moving mass of rock fragments, soil, and mud; more than half of the particles being larger than sand size; a general term that describes a mass movement of sediment mixed with water and air that flows readily on low slopes. "Development" means a use consisting of the construction or exterior alteration of structures, dredging, drilling, dumping, filling; removal of any sand, gravel or minerals; bulkheading; driving of piling; placing of obstructions; or any project of a permanent or temporary nature that interferes with the normal public use of the surface of the waters overlying lands subject to the Act at any state of water level. This term may include activities related to subdivision and short subdivisions; planned unit developments; clearing activity; fill and grade work; building or construction; and activities that are exempt from the substantial development permit process or that require a shoreline variance or conditional use.. 4. "Dike" means an artificial embankment placed at a stream mouth or delta area to hold back sea water for purposes of creating and/or protecting arable land from flooding. 5. "Dock" means all platform structures or anchored devices in or floating upon water bodies to provide moorage for pleasure craft or landing for water -dependent recreation including, but not limited to floats, swim floats, float plane moorages, and water ski jumps. Excluded are launch ramps. 6. "Drainage Ditch" means an artificially created watercourse constructed to drain surface or ground .water. Ditches are graded (man-made), channels installed to collect and convey runoff from fields and roadways. Ditches may include irrigation ditches, waste ways, drains, outfalls, operational spillways, channels, stormwater runoff facilities or other wholly artificial watercourses, except those that directly result from the modification to a natural watercourse. Ditched channels that support fish are considered to be streams. 7. "Dredge Spoil' means the material removed by dredging. 8. "Dredging" means the removal, displacement, and disposal of unconsolidated earth material such as silt, sand, gravel, or other submerged material from the bottom of water bodies or from wetlands; maintenance dredging and other support activities are included in this definition. 9. "Drift Sector" or "Drift Cell' means a particular reach of marine shore in which littoral drift may occur without significant interruption, and which contains any and all natural sources of such drift, and also any accretion shoreform(s) accreted by such drift. Each normal drift sector contains these shore process elements: feeder bluff or estuary, driftway, littoral drift, and accretion shoreform. 10. "Driftway" means that portion of the marine shore process corridor, primarily the upper foreshore, through which sand and gravel are transported by littoral drift. The driftway is the essential component between the feeder bluff(s) and accretion shoreform(s) of an integral drift sector., Driftways are also characterized by intermittent, narrow berm beaches. E 198 621 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM "Ecological Functions" or "Shoreline Functions" means the work performed or role played by the physical, chemical, and biological processes that contribute to the maintenance of the aquatic and terrestrial environments that constitute the shoreline's natural ecosystem. See WAC 173-26-201(2)(c). Functions include, but are not limited to, habitat diversity and food chain support for fish and wildlife, ground water recharge and discharge, high primary productivity, low flow stream water contribution, sediment stabilization and erosion control, storm and flood water attenuation and flood peak desynchronization, and water quality enhancement through biofiltration and retention of sediments, nutrients, and toxicants. These beneficial roles are not listed in order of priority. 2. "Ecosystem Processes" or "Ecosystem -wide Processes" means the suite of naturally occurring physical and geologic processes of erosion, transport, and deposition; and specific chemical processes that shape landforms within a specific shoreline ecosystem and determine both the types of habitat and the associated ecological functions. 3. "Emergency Activities" means those activities that require immediate action within a time too short to allow full compliance with this Program due to an unanticipated and imminent threat to public health, safety or the environment. Emergency construction does not include development of new permanent protective structures where none previously existed. All emergency construction shall be consistent with the policies of RCW 90.58 and this Program. As a general matter, flooding or other seasonal events that can be anticipated and may occur but that are not imminent are not an emergency. 4. "Enhancement" means actions performed within an existing degraded shoreline, critical area and/or buffer to intentionally increase or augment one or more functions or values of the existing area. Enhancement actions include, but are not limited to, increasing plant diversity and cover, increasing wildlife habitat and structural complexity (snags, woody debris), installing environmentally compatible erosion controls, or removing non - indigenous plant or animal species. 5. "Erosion" means a process whereby wind, rain, water and other natural agents mobilize, and transport, and deposit soil particles. 6. "Erosion Hazard Areas" means lands or areas underlain by soils identified by the U.S. Department of Agriculture Natural Resource Conservation Service (NRCS) as having "severe" or "very severe" erosion hazards and areas subject to impacts from lateral erosion related to moving water such as river channel migration and shoreline retreat. 7. "Essential Public Facility" means those facilities that are typically difficult to site, such as airports, state education facilities, and state or regional transportation facilities, state and local correctional facilities, solid waste handling facilities, and inpatient facilities including substance abuse facilities, mental health facilities, and group homes. "Excavation" means the disturbance, displacement and/or disposal of unconsolidated earth material such as silt, sand, gravel, soil, rock or other material from all areas landward of OHWM. 9. "Exempt Development" means a use or development activity that is not a substantial development and that is specifically listed as exempt from the substantial development permit requirement in WAC 173-27-040 and Chapter 6. 199 622 CHAPTER 11 -DEFINITIONS 10. "Extreme High Water Level" means the highest tide level reached in a 19-year tidal cycle, or on lakes, the highest water level reached in the past 10-years. 11. "Extreme Low Tide" means the lowest line on the land reached by a receding tide. F "Fair Market Value" of a development means the open market bid price for conducting the work, using the equipment and facilities, and purchase of the goods, services and materials necessary to accomplish the development. This would normally equate to the cost of hiring a contractor to undertake the development from start to finish, including the cost of labor, materials, equipment and facility usage, transportation and contractor overhead and profit. The fair market value of the development shall include the fair market value of any donated, contributed or found labor, equipment or materials. 2. "Farm Pond" means an open water depression created from a non -wetland site in connection with agricultural activities. 3. "Feasible" means an action, such as a development project, mitigation, or preservation requirement, that meets all of the following conditions: The action can be accomplished with technologies and methods that have been used in the past in similar circumstances, or studies or tests have demonstrated in similar circumstances that such approaches are currently available and likely to achieve the intended results; b. The action provides a reasonable likelihood of achieving its intended purpose; and C. The action does not physically preclude achieving the project's primary intended legal use. In cases where this Program requires certain actions, unless they are infeasible, the burden of proving infeasibility is on the applicant/proponent. In determining an action's infeasibility, the County may weigh the action's relative costs and public benefits, considered in the short and long-term time frames. 4. "Feasible Alternative" means an action, such as development, mitigation, or restoration, that meets all of the following conditions: (a) The action can be accomplished with technologies and methods that have been used in the past in similar circumstances, or studies or tests have demonstrated in similar circumstances that such approaches are currently available and likely to achieve the intended results; (b) The action provides a reasonable likelihood of achieving its intended purpose; and (c) The action does not physically preclude achieving the project's primary intended legal use. Feasibility shall take into account both short and long-term monetary and non -monetary costs and benefits. 5. "Feasible Location" means a location that accommodates a development in a manner that achieves its intended purpose consistent with the constraints of the applicable land use regulations and characteristics of the property, including but not limited to lot size, configuration, presence/absence of critical areas and compatibility with adjacent land use/development. Feasibility shall take into account both short and long-term monetary and non -monetary costs and benefits. 200 623 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM 6. "Feeder Bluff' or "Erosional Bluff' means any bluff (or cliff) experiencing periodic erosion from waves, sliding or slumping, and/or whose eroded sand or gravel material is naturally transported (littoral drift) via a driftway to an accretion shoreform; these natural sources of beach material are limited and vital for the long term stability of driftways and accretion shoreforms. 7. "Feeder Bluff Exceptional" means relatively rapidly eroding bluff segments identified by the presence of landslide scarps, bluff toe erosion, and a general absence of vegetative cover and/or portions of bluff face fully exposed. Other indicators included the presence of colluvium (slide debris), boulder or cobble lag deposits, and fallen trees across the beachface. Feeder bluff exceptional segments lack a backshore, old or rotten logs, and coniferous bluff vegetation. 8. "Feedlot" means a concentrated, confined animal or poultry operation for production of meat, milk or eggs; or stabling in yards, barns, pens or houses wherein animals or poultry are fed at the place of confinement; and crop or forage growth or production is not sustained within the place of confinement. 9. "Fill Material" means any solid or semi -solid material, including rock, sand, soil, clay, plastics, construction debris, wood chips, overburden from mining or other excavation activities, and materials used to create any structure or infrastructure that, when placed, changes the grade or elevation of the receiving site. 10. "Filling" means the act of transporting or placing by any manual or mechanical means fill material from, to, or on any soil surface, including temporary stockpiling of fill material. 11. "Fish and Wildlife 'Habitat Conservation Areas" means areas important for maintaining species in suitable habitats within their natural geographic distribution so that isolated populations are not created, as designated in WCC 16.16. 12. "Fish Habitat" means a complex of physical, chemical, and biological conditions that provide the life supporting and reproductive needs of a species or life stage of fish. Although the habitat requirements of a species depend on its age and activity, the basic components of fish habitat in rivers, streams, ponds, lakes, estuaries, marine waters, and nearshore areas include, but are not limited to, the following: a. Clean water and appropriate temperatures for spawning, rearing, and holding. b. Adequate water depth and velocity for migrating, spawning, rearing, and holding, including off -channel habitat. c. Abundance of bank and instream structures to provide hiding and resting areas and stabilize stream banks and beds. d. Appropriate substrates for spawning and embryonic development. For stream and lake dwelling fishes, substrates range from sands and gravel to rooted vegetation or submerged rocks and logs. Generally, substrates must be relatively stable and free of silts or fine sand. 201 624 CHAPTER 11 - DEFINITIONS e. Presence of riparian vegetation as defined in this Program. Riparian vegetation creates a transition zone, which provides shade, and food sources of aquatic and terrestrial insects for fish. f. Unimpeded passage (i.e. due to suitable gradient and lack of barriers) for upstream and downstream migrating juveniles and adults. 13. "Fisheries" means all species of fish and shellfish commonly or regularly originating or harvested commercially or for sport in Puget Sound and its tributary freshwater bodies, together with the aquatic plants and animals and habitat needed for continued propagation and growth of such species. 14. "Fisheries Enhancement' means actions taken to rehabilitate, maintain or create fisheries habitat, including but not limited to hatcheries, spawning channels, lake rehabilitation, planting of fisheries stocks. Fisheries Enhancement differs from Aquaculture in that the increase in fisheries stocks eventually becomes available for public harvest. 15. "Float' means a floating platform similar to a dock that is anchored or attached to pilings. 16. "Flood" or "Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters and/or the unusual and rapid accumulation of runoff of surface waters from any source. 17. "Flood Control Works" means all development on rivers and streams designed to retard bank erosion, to reduce flooding of adjacent lands, to control or divert stream flow, or to create a reservoir, including but not limited to revetments, dikes, levees, channelization, dams, vegetative stabilization, weirs, flood and tidal gates. Excluded are water pump apparatus. 18. "Floodplain, 100-year" means all lands along a river or stream that may be inundated by the base flood of such river or stream. 19. "Flood Management" means a long term program to reduce flood damages to life and property and to minimize public expenses due to floods through a comprehensive system of planning, development regulations, building standards, structural works, and monitoring and warning systems. 20. "Flood -proofing" means structural provisions, changes, adjustments or a combination thereof, to buildings, structures, and works in areas subject to flooding in order to reduce or eliminate damages from flooding to such development and its contents, as well as related water supplies and utility facilities. 21. "F000dway" means those portions of the area of a river valley lying streamward from the outer limits of a watercourse upon which flood waters are carried during periods of flooding that occur with reasonable regularity, although not necessarily annually; said floodway being identified, under normal conditions, by changes in surface soil conditions or changes in types or quality of vegetation ground cover condition. The floodway shall not include those lands that can reasonably be expected to be protected from flood waters by flood control devices maintained by or maintained under license from the Federal'government, the State, or the County. The limit of the floodway is that which has been established in the Program and approved by the Department of Ecology. 202 625 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM 22. "Floodway Fringe" means that fringe of land in the floodplain outside the floodway, which is subject to inundation by the base flood. Flooding in the fringe is limited to flood surge storage of water currents moving at a negligible velocity of less than 0.5 miles per hour. 23. "Food Chain" means the hierarchy of feeding relationships between species in a biotic community. The food chain represents the transfer of material and energy from one species to another within an ecosystem. 24. "Foreshore" means the intertidal area between mean higher high water and mean low water. 25. "Forest Land" means all land that is capable of supporting a merchantable stand of timber and is not being actively used, developed, or converted in a. manner that is incompatible with timber production. 26. "Forest Practices" means any activity conducted on or directly pertaining to forest land and relating to growing, harvesting, or processing of timber; including, but not limited to: (1) road and trail construction, (2) fertilization, (3) prevention and suppression of diseases and insects; or other activities that qualify as a use or development subject to the Act. Excluded from this definition is preparatory work such as tree marking, surveying and removal of incidental vegetation such as berries, greenery, or other natural products whose removal cannot normally be expected to result in damage to shoreline natural features. Also excluded from this definition is preparatory work associated with the conversion of land for non -forestry uses and developments. Log storage away from forest land is considered Industrial. 27. "Free-standing Sign" means a self-supporting sign placed off and away from the building to which it is related. 28. "Frequently Flooded Areas" means lands in the floodplain subject to a one percent (1 %) or greater chance of flooding in any given year and those lands that provide important flood storage, conveyance and attenuation functions, as determined by the County in accordance with WAC 365-190-080(3). Classifications of frequently flooded areas include, at a minimum, the 100-year floodplain designations of the Federal Emergency Management Agency and the National Flood Insurance Program, as designated in WCC 16.16. "Gabions" means works composed of masses of rock, rubble, or masonry tightly enclosed usually by wire mesh so as to form massive blocks. They are used to form walls on beaches to retard wave erosion or as foundations for breakwaters or jetties. 2. "Geologically Hazardous Areas" means areas designated in WCC 16.16 that, because of their susceptibility to erosion, sliding, earthquake, or other geological events, pose unacceptable risks to public health and safety and may not be suited to commercial, residential, or industrial development. 203 626 CHAPTER 11 -DEFINITIONS "Geotechnical Report" or "Geotechnical Analysis" means a scientific study or evaluation conducted by a qualified professional that includes a description of the ground and surface hydrology and geology, the affected land. form and its susceptibility to mass wasting, erosion, and other geologic hazards or processes, conclusions and recommendations regarding the effect of the proposed development on geologic conditions, the adequacy of the site to be developed, the impacts of the proposed development, alternative approaches to the proposed development, and measures to mitigate potential site -specific and cumulative geological and hydrological impacts of the proposed development, including the potential adverse impacts to adjacent and down - current properties. Geotechnical reports shall conform to accepted technical standards. 4. "Gradient" means a degree of inclination, or a rate of ascent or descent, of an inclined part of the earth's surface with respect to the horizontal; the steepness of a slope. It is expressed as a ratio (vertical to horizontal), a fraction (such as meters/ kilometers or feet/miles), a percentage (of horizontal distance), or an angle (in degrees). 5. "Grading" means the movement or redistribution of the soil, sand, rock, gravel, sediment, or other material on a site in a manner that alters the natural contour of the land. 6. "Groins" means wall-like structures extending on an angle waterward from the shore into the intertidal zone. Their purpose is to build or preserve an accretion shoreform or berm on their updrift side by trapping littoral drift. Groins are relatively narrow in width but vary greatly in length. Groins are sometimes built in series as a system, and may be permeable or impermeable, high or low, and fixed or adjustable. 7. "Ground Water" means all water that exists beneath the land surface or beneath the bed of any stream, lake or reservoir, or other body of surface water within the boundaries of the state, whatever may be the geological formation or structure in which such water stands or flows, percolates or otherwise moves (RCW 90.44). 8. "Growth Management Act" means RCW 36.70A and 36.7013, as amended. H "Harbor Area" means the navigable waters between inner and outer harbor lines as established by the State Harbor Lines Commission waterward of and within one mile of an incorporated city. Harbor Areas have been established offshore of Bellingham and Blaine. 2. "Hazard Tree" means any tree that is susceptible to immediate fall due to its condition (damaged, diseased, or dead) or other factors, and which because of its location is at risk of damaging permanent physical improvements to property or causing personal injury. 3. "Hazardous Area" means any shoreline area which is hazardous for intensive human use or structural development due to inherent and/or predictable physical conditions; such as, but not limited to, geologically hazardous areas, frequently flooded areas, and coastal high hazard areas. 4. "Hazardous Materials" means any substance containing such elements or compounds which, when discharged in any quantity in shorelines, present an imminent and/or 204 627 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM substantial danger to public health or welfare; including, but not limited to: fish, shellfish, wildlife, water quality, and other shoreline features and property. "Hazardous Substance" means any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical or biological properties described in WAC 173-303-090 or 173-303- 100. "Hearings Board" means the State Shorelines Hearings Board referenced in RCW 90.58.170. 7. "Height (Building)" means the vertical dimension measured from average grade to the highest point of a structure; provided that, antennas, chimneys, and similar appurtenances shall not be used in calculating height, unless such appurtenance obstructs the view of a substantial number of adjacent residences. "High Intensity Land Use" means land use that includes the following uses or activities: commercial, urban, industrial, institutional, retail sales, residential (more than 1 unit/acre), high intensity new agriculture (dairies, nurseries, greenhouses, raising and harvesting crops requiring annual tilling, raising and maintaining animals), high intensity recreation (golf courses, ball fields), and hobby farms. 9. "Historic Preservation Professional" means those individuals who hold a graduate degree in architectural history, art history, historic preservation, or closely related field, with coursework in American architectural history, or a bachelor's degree in architectural history, art history, historic preservation or closely related field plus one of the following: a. At least two (2) years of full time experience in research, writing, or teaching in American architectural history or restoration architecture with an academic institution, historical organization or agency, museum, or other professional institution; or Substantial contribution through research and publication to the body of scholarly knowledge in the field of American architectural history. 10. "Historic Site" means those sites that are eligible or listed on the Washington Heritage Register, National Register of Historic Places, or any locally developed historic registry formally adopted by the Whatcom County Council. 11. "Hydraulic Project Approval (HPA)" means a permit issued by the State Department of Fish and Wildlife for modifications to waters of the state in accordance with RCW 77.55. 12. "Hydric Soil" means a soil that issaturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper part. The presence of hydric soil shall be determined following the methods described in the Washington State Wetland Identification and Delineation Manual (RCW 36.70A.175). 13. "Hydrophytic Vegetation" means macrophytic plant life growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. 14. "Hyporheic Zone" means the saturated zone located beneath and adjacent to streams that contain some proportion of surface water from the surface channel mixed with 205 • CHAPTER 11 -DEFINITIONS shallow ground water. The hyporheic zone serves as a filter for nutrients, as a site for macroinvertebrate production important in fish nutrition, and provides other functions related to maintaining water quality. "Impervious Surface" means a hard surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development, and/or a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, and oiled macadam or other surfaces which similarly impede the natural infiltration of stormwater. Natural surface water and open, uncovered detention/retention facilities shall not be calculated when determining total impervious surfaces. Impervious surfaces do not include surfaces created through proven low impact development techniques. 2. "In Kind Compensation" means to replace critical areas with substitute areas whose characteristics and functions mirror those destroyed or degraded by a regulated activity. 3. "In -stream Structure" means a structure placed by humans within a stream or river waterward of the ordinary high-water mark that either causes or has the potential to cause water impoundment or the diversion, obstruction, or modification of water flow. In - stream structures may include those for hydroelectric generation, irrigation, water supply, flood control, transportation, utility service transmission, fish habitat enhancement, or other purpose. 4. "Industrial Development" means facilities for processing, manufacturing, and storage of finished or semi -finished goods, including but not limited to oil, metal or mineral product refining, power generating facilities, including hydropower, ship building and major repair, storage and repair of large trucks and other large vehicles or heavy equipment, related storage of fuels, commercial storage and repair of fishing gear, warehousing construction contractors' offices and material/equipment storage yards, wholesale trade or storage, and log storage on land or water, together with necessary accessory uses such as parking, loading, and waste storage and treatment. Excluded from this definition are mining, including on -site processing of raw materials, and off -site utility, solid waste, road or railway development, and methane digesters that are accessory to an agricultural use. 5. "Infiltration" means the downward entry of water into the immediate surface of soil. 6. "Institutional Development" means those public and/or private facilities including, but not limited to, police and fire stations, libraries, .activity centers, schools, educational and religious training centers, water -oriented research facilities, and similar non-commercial uses, excluding essential public facilities. 7. "Intertidal Zone" means the substratum from extreme low water of spring tides to the upper limit of spray or influence from ocean derived salts. It includes areas that are sometimes submerged and sometimes exposed to air, mud and sand flats, rocky shores, salt marshes, and some terrestrial areas where salt influences are present. 206 629 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM 8. "Invasive Species" means a species that is 1) non-native (or alien) to Whatcom County and 2) whose introduction causes or is likely to cause economic or environmental harm, or harm to human health. Invasive species can be plants, animals, and other organisms (e.g., microbes). Human actions are the primary means of invasive species introductions. J 1. "Jetties" means structures that are generally perpendicular to shore extending through or past the intertidal zone. They are built singly or in pairs at harbor entrances or river mouths mainly to prevent shoaling or accretion from littoral drift in entrance channels, which may or may not be dredged. Jetties also serve to protect channels from storm waves or cross currents, and stabilize inlets through barrier beaches. On the West Coast and in this region, most jetties are of riprap mound construction. L "Lake" means a body of standing water in a depression of land or expanded part of a stream, of 20 acres or greater in total area. A lake is bounded by the OHWM or, where a stream enters the lake, the extension of the lake's OHWM within the stream. Wetland areas occurring within the standing water of a lake are to be included in the acreage calculation of a lake. 2. "Landslide" means a general term covering a wide variety of mass movement landforms and processes involving the downslope transport, under gravitational influence of soil and rock material en masse; included are debris flows, debris avalanches, earthflows, mudflows, slumps, mudslides, rock slides, and rock falls. 3. "Landslide Hazard Areas" means areas that, due to a combination of site conditions like slope inclination and relative soil permeability, are susceptible to mass wasting, as designated in WCC 16.16. 4. "Launch Ramp" means an inclined slab, set of pads, rails, planks, or graded slope used for launching boats with trailers or by hand. 5. "Levee" means a natural or artificial embankment on the bank of a stream for the purpose of keeping floodwaters from inundating adjacent land. Some levees have revetments on their sides. 6. "Liberal Construction" means an interpretation that applies in writing in light of the situation presented that tends to effectuate the spirit and purpose of the writing. 7. "Littoral Drift" means the natural movement of sediment, particularly sand and gravel, along shorelines by wave action in response to prevailing winds or by stream currents (see also "Drift Sector", "Driftway"). 8. "Live Aboard" means any noncommercial habitation of a vessel, as defined in SMP 23.110.V.3, when any one of the following applies: a. Any person or succession of different persons resides on the vessel in a specific location, and/or in the same area on more than a total of thirty (30) days in any forty (40) day period or on more than a total of ninety (90) days in any three 207 630 CHAPTER 11 - DEFINITIONS hundred sixty-five (365) day period. "In the same area" means within a radius of one mile of any location where the same vessel previously moored or anchored on state-owned aquatic lands.. A vessel that is occupied and is moored or anchored in the same area, but not for the number of days described in this subsection, is considered used as a recreational or transient vessel; b. The city or county jurisdiction, through local ordinance or policy, defines the use as a residential use or identifies the occupant of the vessel as a resident of the vessel or of the facility where it is moored; C. The operator of the facility where the vessel is moored, through the moorage agreement, billing statement, or facility rules, defines the use as a residential use or identifies the occupant of the vessel as a resident of the vessel or of the facility; or d. The occupant or occupants identify the vessel or the facility where it is moored as their residence for voting, mail, tax, or similar purposes. 9. "Log Booming" means assembling and disassembling rafts of logs for water -borne transportation. 10. "Log Storage" means the holding of logs in the water for more than sixty (60) days. 11. "Lot" means land described by final plat, short plat or metes and bounds description and is established pursuant to applicable state and local regulations in effect at the date a legal instrument creating the lot is recorded at the Whatcom County Auditor's office. A lot bisected by a public or private road, railroad, trail or other feature is considered a single building site unless the portion of the parcel on each side of the bisecting road or other feature separately meets all dimensional, buffer and other requirements established by local and state regulations. 12. "Lot Area" or "Lot Size" means the portion of a total parcel determined to be usable for the purpose of creating a building lot, pursuant to all applicable regulations. The area below the ordinary high water mark shall_ not be considered a part of the lot area. Lot area shall exclude any portion included within the lot description used as a public road or as an access easement for another parcel, provided that the area of parcels of 5 acres or greater may be regarded as nominal and may be measured to the center of bounding roads. Easements or restrictions that preclude use to the present or future surface owner of the parcel shall be excluded from lot area. M "Maintenance or Repair" means those usual activities required to prevent a decline, lapse or, cessation from a lawfully established condition or to restore the character, scope, size, and design of a serviceable area, structure, or land use to a state comparable to its previously authorized and undamaged condition. This does not include any activities that change the character, scope, or size of the original structure, facility, utility or improved area beyond the original design. 2. "Major Development" means any project for which a major project permit is required pursuant to WCC 20.88. For the purposes of this Program, major development shall also mean any project associated with an existing development for which a major 208 631 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM development permit has been required or other existing legal non -conforming development for which a major development permit would otherwise be required if developed under the current land use regulations outlined in WCC Title 20. 3. "Marina" means a wet moorage and/or dry storage facility for pleasure craft and/or commercial craft where goods, moorage or services related to boating may be sold commercially or provided for a fee e.g. yacht club, etc. Launching facilities and covered moorage may also be provided. Marinas may be open to the general public or restricted on the basis of property ownership or membership. Manufacturing of watercraft is considered Industrial. 4. "Marsh" means a low flat wetland area on which the vegetation consists mainly of herbaceous plants such as cattails, bulrushes, tules, sedges, skunk cabbage or other hydrophytic plants. Shallow water usually stands on a marsh at least during part of the year. 5. "Mass Wasting" means downslope movement of soil and rock material by gravity. This includes soil creep, erosion, and various types of landslides, not including bed load associated with natural stream sediment transport dynamics. 6. "May" means the action is allowable, provided it conforms to the provisions of this Program. 7. "Mean Annual Flow" means the average flow of a river, or stream (measured in cubic feet per second) from measurements taken throughout the year. If available, flow data for the previous ten (10) years should be used in determining mean annual flow. 8. "Mean Higher High Water" or "MHHW' means the mean elevation of all higher tides, generally occurring twice each day in Whatcom County at any given location on the marine shoreline. 9. "Mean Lower Low Water' or "MLLW' means the mean elevation of all lower tides, generally occurring twice each day in Whatcom County at any given location on the marine shoreline. 10. "Mining" means the removal of naturally occurring metallic and non-metallic minerals or other materials from the earth for economic use. 11. "Mitigation" means individual actions that may include a combination of the following measures, listed in order of preference: a. Avoiding an impact altogether by not taking a certain action or parts of actions; b. Minimizing impacts by limiting the degree or magnitude of an action and its implementation; C. Rectifying impacts by repairing, rehabilitating, or restoring the affected environment; d. Reducing or eliminating an impact over time by preservation and maintenance operations during the life of the action; 209 632 CHAPTER 11 —DEFINITIONS e. Compensating for an impact by replacing or providing substitute resources or environments; and f. Monitoring the mitigation and taking remedial action when necessary. 12. "Mitigation Plan" means a detailed plan indicating actions necessary to mitigate adverse impacts to critical areas. 13. "Mixed Use" means a combination of uses within the same building or site as a part of an integrated development project with functional interrelationships and coherent physical design. 14. "Monitoring" means evaluating the impacts of development proposals over time on the biological, hydrological, pedological, and geological elements of ecosystem functions and processes and/or assessing the performance of required mitigation measures through the collection and analysis of data by various methods for the purpose of understanding and documenting changes in natural ecosystems and features compared to baseline or pre -project conditions and/or reference sites. 15. "Multifamily Dwelling" means a single building, or portion thereof,. designed for or occupied by three (3) or more families living independently of each other in separate dwelling units on one lot of record and, for the purpose of this code, includes triplexes, fourplexes, apartment buildings, and residential condominiums. 16. "Must" means a mandate; the action is required. N "Native Vegetation" means plant species that are indigenous to the Whatcom County and the local area. 2. "Natural Shoreline Area" means an area designated pursuant to Chapter 3. 3. "Navigable Waters" means a water body that in its ordinary condition, or by being united with other water bodies, forms a continued route or area over which commerce or recreational activities are or may be carried on in the customary modes in which such commerce or recreation is conducted on water. 4. "Nearshore Habitat" means the zone that extends waterward from the marine shoreline (OHWM) to a water depth of approximately 20 meters (66 feet). Nearshore habitat is biologically rich, providing important habitat for a diversity of plant and animal species. 5. "No Net Loss" as a public policy goal means the maintenance of the aggregate total of the County's shoreline ecological functions at its current level of environmental resource productivity. As a development and/or mitigation standard, no net loss requires that the impacts of a particular shoreline development and/or use, whether permitted or exempt, be identified and prevented or mitigated, such that it has no resulting adverse impacts on shoreline ecological functions or processes. Each project shall be evaluated based on its ability to meet the no net loss standard commensurate with its scale and character. 6. "Non -conforming lot" means, for the purposes of Ch 23.50.07.K and Ch 23.90.06.B.3, a vacant lot under contiguous ownership and with less than a total of 20,000 square feet, 210 633 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM including within shoreline jurisdiction, that was lawfully established prior to the effective date of this Program (August 27, 1976) or amendments hereto, but which does not conform to the setback or buffer standards of this Program. 7. "Non -conforming Use", "Non -conforming Development" or "Non -conforming Structure" means a shoreline use, development or structure that was lawfully constructed or established prior to the effective date of this Program (August 27, 1976) or amendments hereto, but which does not conform to present regulations or standards of the Program. 8. "Nonwater-oriented Use" means uses that are not water -dependent, water -related or water -enjoyment. Nonwater-oriented uses have little or no relationship to the shoreline and are not considered priority uses under the Shoreline Management Act except single- family residences. Any use that does not meet the definition of water -dependent, water - related or water -enjoyment is classified as nonwater-oriented. "Off -premise Sign" means a sign situated on premises other than those premises to which the sign's message is related. "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. 3. "Ongoing Agriculture" means those activities conducted on lands defined in RCW 84.34.020(2), and those activities involved in the production of crops and livestock, including, but not limited to, operation and maintenance of existing farm and stock ponds or drainage ditches, irrigation systems, changes between agricultural activities, and maintenance or repair of existing serviceable structures and facilities. Activities that bring an area into agricultural use are not part of an ongoing activity. An operation ceases to be ongoing when the area on which it was conducted has been converted to a non-agricultural use, or has lain idle for more than five (5) consecutive years unless that idle land is registered in a federal or state soils conservation program. Forest practices are not included in this definition. 4. "On -premise Sign" means a sign situated on the premises to which the sign's message is related. 5. "Open Space" means any parcel or area of land or water not covered by structures, hard surfacing, parking areas and other impervious surfaces except for pedestrian or bicycle pathways, or where otherwise provided by this title or other county ordinance and set aside, dedicated, for active or passive recreation, visual enjoyment, or critical area development buffers as established in WCC 16.16. Submerged lands and/or tidelands within the boundaries of any waterfront parcel that are located waterward of the ordinary high water mark shall not be. used in open space calculations. Required open space percentages, as applicable, are not to be used for purposes of calculating total impervious surface. 6. "Ordinary High Water Mark" or "OHWM" on all lakes, streams, and tidal water means that mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting 211 634 CHAPTER 11 -DEFINITIONS upland, in respect to vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with approved development; provided that, in any area where the OHWM cannot be found, the OHWM adjoining saltwater shall be the line of mean higher high tide and the OHWM adjoining fresh water shall be the line of mean high water. For braided streams, the OHWI\A is found on the banks forming the outer limits of the depression within which the braiding occurs. P "Party of Record" means all persons, agencies or organizations who have submitted written comments in response to a notice of application; made oral comments in a formal public hearing conducted on an application; or notified local government of their desire to receive a copy of the final decision on a permit and who have provided an address for delivery of such notice by mail. "Permit or Approval" means any form or permission required under this Program prior to undertaking activity on shorelines of the state, including substantial development permits, variance permits, conditional use permits, permit revisions, and shoreline exemptions from the substantial development permit process. 3. "Person" means an individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, State agency or local governmental unit, however designated, or Indian Nation or tribe. 4. "Pier" means any platform structure, fill, or anchored device in or floating upon water bodies to provide moorage for watercraft engaged in commerce; including, but not limited to: wharves, mono -buoys, sea islands, quays, ferry terminals, and fish weighing stations. "Planned Unit Development (PUD)" means one or a group of specified uses, such as residential, resort, commercial or industrial, to be planned and constructed as a unit. Zoning or subdivision regulations with respect to lot size, building bulk, etc., may be varied to allow design innovations and special features in exchange for additional and/or superior site amenities or community benefits. 6. "Pocket Beach" means an isolated beach existing usually without benefit of littoral drift from sources elsewhere. Pocket beaches are produced by erosion of immediately adjacent bluffs or banks and are relatively scarce and therefore valuable shoreforms in Whatcom County; they are most common between rock headlands and may or may not have a backshore. 7. "Point" means a low profile shore promontory that may be either the wave -cut shelf remaining from an ancient bluff or the final accretional phase of a hooked spit that closed the leeward side gap. Points are accretion shoreforms characterized by converging berms accreted by storm waves that enclose a lagoon, marsh, or meadow, depending on the point's development stage. 8. "Point Bar" means an accretion shoreform created by deposition of sand and gravel on the inside, convex side of a meander bend. Most material is transported downstream as sediment and bedload at times of high current velocity, or flood stage, from eroding banks or other bars upstream. 212 635 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM 9. "Pond" means an open body of water, generally equal to or greater than 6.6 feet deep, that persists throughout the year and occurs in a depression of land or expanded part of a stream and has less than thirty percent (30%) aerial coverage by trees, shrubs, or persistent emergent vegetation. Ponds are generally smaller than lakes. Farm ponds are excluded from this definition. Beaver ponds that are two (2) years old or less are excluded from this definition. For the purpose of this program, any pond whose surface water extends into the OHWM of any Shoreline of the State, shall be considered part of that Shoreline of the State 10. "Port Development' means public or private facilities for transfer of cargo or passengers from water -born 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. 11. "Potable" means water that is suitable for drinking by the public (WAC 246-290). 12. "Preservation" means actions taken to ensure the permanent protection of existing, ecologically important areas that the County has deemed worthy of long term protection. 13. "Primary Association" means the use of a habitat area by a listed or priority species for breading/spawning, rearing young, resting, roosting, feeding, foraging, and/or migrating on a frequent and/or regular basis during the appropriate season(s), as well as habitats that are used less frequently/regularly but which provide for essential life cycle functions such as breeding, nesting, or spawning. 14. "Priority Habitat' means a habitat type with unique or significant value to one or more species. An area classified and mapped as priority habitat must have one or more of the following attributes: comparatively high fish or wildlife density; comparatively high fish or wildlife species diversity; fish spawning habitat; important wildlife habitat; important fish or wildlife seasonal range; important fish or wildlife movement corridor; rearing and foraging habitat; important marine mammal haulout; refuge; limited availability; high vulnerability to habitat alteration; unique or dependent species; or shellfish bed. A priority habitat may be described by a unique vegetation type or by a dominant plant species that is of primary importance to fish and wildlife (such as oak woodlands or eelgrass meadows). A priority habitat may also be described by a successional stage (such as old growth and mature forests). Alternatively, a priority habitat may consist of a specific habitat element (such as a consolidated marine/estuarine shoreline, talus slopes, caves, snags) of key value to fish and wildlife. A priority habitat may contain priority and/or non -priority fish and wildlife (WAC 173-26-020(24)). 15. "Priority Species" means wildlife species of concern due to their population status and their sensitivity to habitat alteration, as defined by the Washington Department of Fish and Wildlife. 16. "Private Dock' means a dock and/or float for pleasure craft moorage or water recreation for exclusive use by one waterfront lot owner. 213 636 CHAPTER 11 - DEFINITIONS 17. "Private Sign" means a sign used on a private residence to indicate only the owner's name or address, that the premises are for rent or sale, or for other reasonable purposes related to residential use including permitted home occupations. 18. "Project" means any proposed or existing activity regulated by Whatcom County. 19. "Project Permit" or "Project Permit Application" means any land use or environmental permit or approval required by Whatcom County, including, but not limited to, building permits, subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, variances, lot consolidation relief, site plan review, permits or approvals authorized by a comprehensive plan or subarea plan. 20. "Projecting Sign" means a sign that is attached to and projects at an angle from a building's exterior wall. 21. "Public Access" means the public's right to get to and use the State's public waters, both saltwater and freshwater, the water/land interface and associated shoreline area. It includes physical access that is either lateral (areas paralleling the shore) or perpendicular (an easement or public corridor to the shore), and/or visual access facilitated by means such as scenic roads and overlooks, viewing towers and other public sites or facilities. 22. "Public Interest" means the interest shared by the citizens of the state or community at large in the affairs of government, or some interest by which their rights or liabilities are affected including, but not limited to, an effect on public property or on health, safety, or general welfare resulting from adverse effects of a use or development. 23. "Public Utility" means a use owned or operated by a public or publicly licensed or franchised agency that provides essential public services such as telephone exchanges, electric substations, radio and television stations, wireless communications services, gas and water regulation stations, and other facilities of this nature. El "Qualified Professional" or "Qualified Consultant" means a person with experience and training with expertise appropriate for the relevant critical area subject in accordance with WAC 365-195-905(4). A qualified professional must have obtained a B.S. or B.A. or equivalent degree in biology, soil science, engineering, environmental studies, fisheries, geology, geomorphology or related field, and related work experience and meet the following criteria: a. A qualified professional for wetlands must have a degree in biology, ecology, soil science, botany, or a closely related field and a minimum of three (3) years of professional experience in wetland identification and assessment associated with wetland ecology in the Pacific Northwest or comparable systems. b. A qualified professional for habitat conservation areas must have a degree in wildlife biology, ecology, fisheries, or closely related field and a minimum of three (3) years professional experience related to the subject species/habitat type. 214 637 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM C. A qualified professional for geologically hazardous areas must be a professional engineering geologist or geotechnical engineer, licensed in the state of Washington. d. A qualified professional for critical aquifer recharge areas means a Washington State licensed hydrogeologist, geologist, or engineer. R "Recharge" means the process involved in the absorption and addition of water from the unsaturated zone to ground water. "Recreation" means an experience or activity in which an individual engages for personal enjoyment and satisfaction. Most shore -based recreation includes outdoor recreation such as: fishing, hunting, clamming, beach combing, and rock climbing; various forms of boating, swimming, hiking, bicycling, horseback riding, camping, picnicking, watching or recording activities such as photography, painting, bird watching or viewing of water or shorelines, nature study and related activities. 3. "Recreational Development" means the modification of the natural or existing environment to accommodate recreation. This includes clearing land, earth, modifications, structures and other facilities such as parks, camps, camping clubs, launch ramps, golf courses, viewpoints, trails, public access facilities, public parks and athletic fields, hunting blinds, wildlife enhancement (wildlife ponds are considered excavation), and other low intensity use outdoor recreation areas. Recreational homes/condominiums and related subdivisions of land are considered residential; resorts, motels, hotels, recreational vehicle parks, intensive commercial outdoor or indoor recreation, and other commercial enterprises are considered commercial. 4. "Re-establishment' means measures taken to intentionally restore an altered or damaged natural feature or process including: a. Active steps taken to restore damaged wetlands, streams, protected habitat, and/or their buffers to the functioning condition that existed prior to an unauthorized alteration; b. Actions performed to re-establish structural and functional characteristics of a critical area that have been lost by alteration, past management activities, or other events; and C. Restoration can include restoration of wetland functions and values on a site where wetlands previous existed, but are no longer present due to lack of water or hydric soils. 5. "Rehabilitation" means a type of restoration action intended to repair natural or historic functions and processes. Activities could involve breaching a dike to reconnect wetlands to a floodplain or other activities that restore the natural water regime. 6. "Renovate" means to restore to an earlier condition as by repairing or remodeling. Renovation shall include any interior changes to a building and those exterior changes that do not substantially change the character of an existing structure. 215 CHAPTER 11 -DEFINITIONS 7. "Residential Development" means buildings, earth modifications, subdivision and use of land primarily for human residence; including, but not limited to: single family and multifamily dwellings, condominiums, mobile homes and mobile home parks, boarding homes, family daycare homes, adult family homes, retirement and convalescent homes, together with accessory uses common to normal residential use. Camping sites or clubs, recreational vehicle parks, motels, hotels and other transient housing are not included in this definition. 8. "Resource Shoreline Area" means an area designated pursuant to Chapter 3. 9. "Restore", 'Restoration" or "Ecological Restoration" means the re-establishment or upgrading of impaired ecological shoreline processes or functions. This may be accomplished through measures including, but not limited to, revegetation, removal of intrusive shoreline structures, and removal or treatment of toxic materials. Restoration does not imply a requirement for returning the shoreline area to aboriginal or pre - European settlement conditions. 10. "Revetment" means a sloped wall constructed of riprap or other suitable material placed on stream banks or other shorelines to retard bank erosion and minimize lateral stream movement. 11. "Riprap" means dense, hard, angular rock free from cracks or other defects conductive to weathering used for revetments or other flood control works. 12. "Riparian Zone" means the area adjacent to a water body (stream, lake or marine water) that contains vegetation that influences the aquatic ecosystem, nearshore area and/or fish and wildlife habitat by providing shade, fine or large woody material, nutrients, organic debris, sediment filtration, and terrestrial insects (prey production). Riparian areas include those portions of terrestrial ecosystems that significantly influence exchanges of energy and matter with aquatic ecosystems (i.e., zone of influence). Riparian zones provide important wildlife habitat. They provide sites for foraging, breeding and nesting; cover to escape predators or weather; and corridors that connect different parts of a watershed for dispersal and migration. 13. 'Riparian Vegetation" means vegetation that tolerates and/or requires moist conditions and periodic free flowing water thus creating a transitional zone between aquatic and terrestrial habitats which provides cover, shade and food sources for aquatic and terrestrial insects for fish species. Riparian vegetation and their root systems stabilizes stream banks, attenuates high water flows, provides wildlife habitat and travel corridors, and provides a source of limbs and other woody debris to terrestrial and aquatic ecosystems, which, in turn, stabilize stream beds. 14. "River Delta" means those lands formed as an aggradational feature by stratified clay, silt, sand and gravel deposited at the mouths of streams where they enter a quieter body of water. The upstream extent of a river delta is that limit where it no longer forms distributary channels. 15. "Rock Shore" means those shorelines whose bluffs and banks are typically composed of natural rock formations. 16. "Roof Sign" means a sign erected upon, against, or directly above a roof, or on top of or above the parapet of a building; signs on mansard roofs shall be considered wall signs. 216 639 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM 17. "Rural Shoreline Area" means an area designated pursuant to Chapter 3. S "Seismic Hazard Areas" means areas that are subject to severe risk of damage as a result of earthquake -induced ground shaking, slope failure, settlement, or soil liquefaction. 2. "Shall' means a mandate; the action must be done. 3. "Shared Moorage" means moorage for pleasure craft and/or landing for water sports for use in common by shoreline residents of a certain subdivision or community within shoreline jurisdiction or for use by patrons of a public park or quasi -public recreation area, including rental of non -powered craft. If a shared moorage provides commercial services or is of a large scale (more than four slips), it shall be considered a marina. Shared moorage proposed to be leased to upland property owners shall also be considered as a marina. If a proposal includes covered moorage, commercial sale of goods or services, or a means of launching other than a ramp, swinging boom, or davit style hoist, it shall be considered a marina. 4. "Shellfish" means invertebrates of the phyla Arthropoda (class Crustacea), Mollusca (class Pelecypoda) and Echinodermata. 5. "Shellfish Habitat Conservation Areas" means all public and private tidelands suitable for shellfish, as identified by the Washington Department of Health classification of commercial growing areas, and those recreational harvest areas as identified by the Washington Department of Ecology are designated as Shellfish Habitat Conservation Areas pursuant to WAC 365-190-80. Any area that is or has been designated as a Shellfish Protection District created under RCW 90.72 is also a Shellfish Habitat Conservation Area. 6. "Shellfish Protection District" means the Drayton Harbor Shellfish Protection District (DHSPD) (Ordinance 95-036) and the Portage Bay Shellfish Protection District (PBSPD) (Ordinance 98-069), or other area formed by the County based on the Revised Code of Washington (RCW) Chapter 90, in response to State Department of Health (DOH) closures or downgrades of a commercial shellfish growing area due to a degradation of water quality as a result of pollution. These areas include the watershed draining to the shellfish beds as part of the Shellfish Habitat Conservation Area. "Shorelands" or "Shoreland Areas" means those lands extending landward for 200 feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward 200 feet from such floodways; and all wetlands and river deltas associated with the streams, lakes and tidal waters which are subject to the provisions of RCW 90.58. "Shorelines" means all of the water areas .of the state as defined in RCW 90.58.030, including reservoirs and their associated shorelands, together with the lands underlying them except: 217 M1 CHAPTER 11 -DEFINITIONS a. Shorelines of statewide significance; b. Shorelines on segments of streams upstream of a point where the mean annual flow is 20 cubic feet per second or less and the wetlands associated with such upstream segments; and Shorelines on lakes less than 20 acres in size and wetlands associated with such small lakes. 9. "Shoreline Administrator" means the Director of the Planning & Development Services Department or staff member designated by the Director to perform the review functions required in this Program. 10. "Shoreline Jurisdiction" means all "Shorelines of the State" and "Shorelands". 11. "Shoreline Permit" means a shoreline substantial development permit, a shoreline conditional use, or a shoreline variance, or any combination thereof issued by Whatcom County pursuant to RCW 90.58. 12. "Shoreline Residential Area" means an area designated pursuant to Chapter 3. 13. "Shoreline Stabilization" means structural or non-structural modifications to the existing shoreline intended to reduce or prevent erosion,of uplands or beaches. They are generally located parallel to the shoreline at or near the OHWM. Other construction classified as shore defense works include groins, jetties and breakwaters, which are intended to influence wave action, currents and/or the natural transport of sediments along the shoreline. 14. "Shoreline View Area" means any area looking waterward within the jurisdiction of this Program between the OHWM and a public road, park, pathway, or other public area that is undeveloped or developed with accessory uses only; and that does not obstruct the view of the shoreline or would not obstruct the view if natural vegetation, fences, walls, antennas or similar obstructions were removed. 15. "Shorelines of Statewide Significance" means the following shorelines in Whatcom County: a. Those areas of Puget Sound and adjacent saltwaters between the ordinary high water mark and the line of extreme low tide as follows: Birch Bay from Point Whitehorn to Birch Point; and b. Those areas of Puget Sound and adjacent saltwaters north to the Canadian line and lying waterward from the line of extreme low tide; and C. Those lakes, whether natural, artificial, or a combination thereof, with a surface acreage of 1,000 acres or more measured at the ordinary high water mark including Lakes Whatcom, Baker and Ross; and d. Those natural rivers or segments thereof as follows: Any west of the crest of the Cascade range downstream of a point where the mean annual flow is measured at 1,000 cubic feet per second or more; including the Nooksack River's mainstream, 218 641 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM the North Fork upstream to its confluence with Glacier Creek in Section 6, Township 39 North, Range 7 East, W.M.; and the South Fork upstream to its confluence with Hutchinson Creek in Section 9, Township 37 North, Range 5 East, W.M. e. Shoreline jurisdiction associated with (a), (c), and (d) above. 16. "Shorelines of the State" means the total of all "Shorelines" and "Shorelines of Statewide Significance" within the state. 17. "Should" means that the particular action is required unless there is a demonstrated, compelling reason, based on policy of the Act and this chapter, against taking the action. 18. "Sign" means any placard, billboard, display, message, design, letters, symbol, light, figure, illustration, set of pennants, or other device intended to identify, inform, advertise, or attract attention to any private or public premises, and placed mainly outdoors so as to be seen from any public or quasi -public place. Double-faced signs are counted as two (2) signs. Excluded from this definition are official traffic, directional or warning devices, other official public notices, signs required by law, or flag of a government or other noncommercial institution. 19. "Significant Vegetation Removal" means the removal or alteration of trees, shrubs, and/or ground cover by clearing, grading, cutting, burning, chemical means, or other activity that causes significant impacts to ecological functions provided by such vegetation. The removal of invasive or noxious weeds does not constitute significant vegetation removal. Tree pruning, not including tree topping, where it does not affect ecological functions, does not constitute significant vegetation removal. 20. "Single Family Development" means the development of a single family residence permanently installed and served with utilities on a lot of record. 21. "Site" means any parcel .or combination of contiguous parcels, or right-of-way or combination of contiguous rights -of -way under the applicant's/proponent's ownership or control that is the subject of a development proposal or change in use. 22. "Slope" means: a. Gradient. b. The inclined surface of any part of the earth's surface delineated by establishing its toe and top and measured by averaging the inclination over at least 10 feet of vertical relief. 23. "Soil" means all unconsolidated materials above bedrock described in the Soil Conservation Service Classification System or by the Unified Soils Classification System. 24. "Solid Waste" means all putrescible and non-putrescible solid and semi -solid waste including garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles and parts thereof, and any other discarded commodities. 219 642 CHAPTER 11 - DEFINITIONS 25. "Spit" means an accretion shoreform that is narrow in relation to length and extends parallel to or curves outward from shore; spits are also characterized by a substantial wave -built sand and gravel berm on the windward side, and a more gently sloping silt or marsh shore on the lagoon or leeward side; curved spits are called hooks. 26. "Statement of Exemption" means a written statement by the Administrator that a particular development proposal is exempt from the substantial development permit requirement and is generally consistent with this Program including the policy of the Act (RCW 90.58.020), pursuant to SMP 23.60.02. 27. "Streams" means those areas where surface waters produce a defined channel or bed. A defined channel or bed is an area that demonstrates clear evidence of the annual passage of water and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds, and defined channel swales. The channel or bed need not contain water year round. This definition includes drainage ditches or other artificial water courses where natural streams existed prior to human alteration, and/or the waterway is used by anadromous or resident salmonid or other fish populations or flows directly into Shellfish Habitat Conservation Areas. 28. "Strict Construction" means an interpretation that considers only the literal words of a writing. 29. "Structure" means a permanent or temporary building or edifice of any kind, or any piece of work artificially built up or composed of parts joined together in some definite matter whether installed on, above, or below the surface of the ground or water, except for vessels (after Uniform Building Code). 30. "Substantial Development" means any development of which the total cost or fair market value exceeds five -thousand seven hundred eighteen dollars ($5,718) or as amended.by the state office of financial management, or any development which materially interferes with the normal public use of the water or shorelines of the State; except the classes of development, listed in (A) through (P) under SMP 23.60.02.2. 31. "Substantially Degrade" means to cause significant ecological impact. 32. "Surface Mining" means all or any part of the processes involved in mining by removing the soil or rock overburden and mining directly from deposits thereby exposed, including also open pit mining, gravel bar scalping and mining of deposits naturally exposed at earth's surface, and including production of surface mining refuse. 33. "Sustained Yield" means the continuing yield of a biological resource, such as timber from a forest, by controlled and periodic harvesting. 34. "Swamp" means a wetland that is often inundated and composed of woody vegetation. 1. "Tideland" means the land on the shore of marine water bodies between OHWM and the line of extreme low tide which is submerged daily by tides. 2. "Timber" means forest trees, standing or down, of a commercial species including Christmas trees. 220 643 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM 3. "Toe" means the lowest part of a slope or cliff; the downslope end of an alluvial fan, landslide, etc. 4. "Tombolo" means an accretion shoreform that began as a spit and accreted into a causeway -like connection to an island or offshore rock; tombolas normally develop from offshore bars (submarine berms) that build up in a low energy "wave -shadow" zone between the offshore, waver barrier element and an active driftway. 5. "Top" means the top of a slope; or in this Program it may be used as the highest point of contact above a landslide hazard area. 6. "Transportation" means roads and railways, related bridges and culverts, fills, embankments, causeways, parking areas, truck terminals and rail switchyards, sidings, spurs, and air fields. Not included are recreational trails, highway rest areas, ship terminals, seaplane moorages, nor logging roads; they are included respectively under Recreation, Piers and Docks, Residential, and Forest Practices. U 1. "Unavoidable" means adverse impacts that remain after all appropriate avoidance and minimization measures have been implemented. 2. "Upland" means dry lands landward of OHWM. 3. "Urban Conservancy Shoreline Area" means an area designated pursuant to Chapter 3. 4. "Urban Resort Shoreline Area" means an area designated pursuant to Chapter 3. 5. "Urban Shoreline Area" means an area designated pursuant to Chapter 3. 6. "Utilities" means all lines and facilities used to distribute, collect, transmit, or control electrical power, natural gas, petroleum products, information (telecommunications), water, and sewage. 7. "Utility Development" means development including, but not limited to, facilities for distributing, processing, or storage of water, sewage, solid waste, storm drainage, electrical energy including electronic communications, and their administrative structures, as well as pipelines for petroleum products, and fire fighting facilities. Power plants are considered industrial. V 1. "Variance" means an adjustment in the application of this Program's regulations to a particular site pursuant to Chapter 6. 2. "Vegetative Stabilization" means planting of vegetation to retain soil and retard erosion, reduce wave action, and retain bottom materials. It also means utilization of temporary structures or netting to enable plants to establish themselves in unstable areas. 3. "Vessel" means a floating structure that is designed primarily for navigation, is normally capable of self propulsion and use as a means of transportation, and meets all 221 M CHAPTER 11 - DEFINITIONS applicable laws and regulations pertaining to navigation and safety equipment on vessels, including, but not limited to, registration as a vessel by an appropriate government agency. W "Wall Sign" means a sign placed upon and parallel to the exterior of a building. 2. "Water Body" means a body of still or flowing water, fresh or marine, bounded by the OHWM. 3. "Water -dependent Use" means a use or portion of a use that requires direct contact with the water and cannot exist at a non -water location due to the intrinsic nature of its operations. 4. "Water -enjoyment Use" means a recreational use, or other use facilitating public access to the shoreline as the primary character of the use; or a use that provides for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people as a general character of the use and that through the location, design and operation assure the public's ability to enjoy the physical and aesthetic qualities of the shoreline. In order to qualify as a water -enjoyment use, the use must be open to the general public and the water -oriented space within the project must be devoted to the specific aspects of the use that fosters shoreline enjoyment. 5. "Water -oriented Use" means any one or a combination of water -dependent, water - related or water -enjoyment uses and serves as an all -encompassing definition, together with single family residences, for priority uses under the Act. 6. "Water Quality" means the characteristics of water, including flow or amount, and related physical, chemical, aesthetic, recreation -related, and biological characteristics. 7. "Water -related Use" means a use or portion of a use that is not intrinsically dependent on a waterfront location but depends upon a waterfront location for economic viability. These uses have a functional relationship to the water, or the use provides a necessary support service for a water -dependent use and physical separation is not feasible. 8. "Watershed" means a geographic region within which water drains into a particular river, stream or body of water. There are approximately 122 watersheds (e.g. Bertrand, Ten Mile, Dakota, Canyon Creek, Lake Whatcom, Lake Samish) identified in WRIA 1 and WRIA 3. These are nested within approximately 14 sub basins (e.g. North Fork Nooksack, Drayton Harbor, Sumas River, Friday Creek), which are nested within 4 basins (e.g. Nooksack River, Fraser River, Samish River, Coastal). 9. "Watershed Restoration Plan" means a plan developed or sponsored by the Department of Fish and Wildlife, the Department of Ecology, the Department of Transportation, a federally recognized Indian tribe acting within and pursuant to its authority, a city, a county or a conservation district that provides a general program and implementation measures or actions for the preservation, restoration, recreation, or enhancement of the natural resource character and ecology of a stream, stream segment, drainage area or watershed for which agency and public review has been conducted pursuant to RCW 43.21 C, the State Environmental Policy Act. 222 645 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM 10. "Watershed Restoration Project' means a public or private project authorized by the sponsor of a watershed restoration plan that implements the plan or part of the plan and consists of one or more of the following activities: a. A project that involves less than 10 miles of stream reach, in which less than 25 cubic yards of sand, gravel, or soil is removed, imported, disturbed or discharged, and in which no existing vegetation is removed except as minimally necessary to facilitate additional plantings; b. A project for the restoration of an eroded or unstable stream bank that employs the principles of bioengineering, including limited use of rock as a stabilization only at the toe of the bank, and with primary emphasis on using native vegetation to control erosive forces of flowing water; or C. A project primarily designated to improve fish and wildlife habitat, remove or reduce impediments to migration of fish, or enhance the fishery resource available for use by all of the citizens of the state, provided that any structures, other than a bridge or culvert or instream habitat enhancement structure associated with the project, is less than 200 square feet in floor area and is located above the ordinary high water mark. 11. "Weir" means a structure in a stream or river for measuring or regulating stream flow. 12. "Wet Season" means the period generally between November 1 and March 30 of most years when soils are wet and prone to instability. The specific beginning and end of the wet season can vary from year to year depending on weather conditions. 13. "Wetlands" means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Wetlands do not include those artificial wetlands intentionally created for non -wetland sites, including, but not limited to, irrigation and drainage ditches, grass lines swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities or those wetlands created after July 1, 1990 that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from non -wetland areas to mitigate the conversion of wetlands. 14. "Wetland Edge" means the boundary of a wetland as delineated based on the definitions contained in this chapter. 15. "Wood Waste" means solid waste consisting of wood pieces or particles generated as a byproduct or waste from the manufacturing of wood products, handling and storage of raw materials and trees and stumps. This includes, but is not limited to, sawdust, chips, shavings, bark, pulp, hog fuel, and log sort yard waste, but does not include wood pieces or particles containing chemical preservatives such as creosote, pentachlorophenol, or copper -chrome -arsenate. 223 M 647 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM APPENDIX A SHORELINE MANAGEMENT ACT: Permit Data Sheet and Transmittal Letter A - 1 M Appendix A Shoreline Management Act - Permit Data Sheet and Transmittal Letter From: To: Whatcom County Planning and Development Services Department of Ecology - Bellingham Field Office Date of Transmittal: Date of Receipt: (provided by Ecology) Type of Permit: (Indicate all that apply) ;.- Substantial Development , n Conditional Use ❑ Variance ❑ Revision il, Other Local Government Decision: U Approval ❑ Conditional Approval Denial Applicant Information: Applicant's Representative: (if primary contact) Name: Name: Address: Address: Phone(s): Phone(s): Is the applicant the property owner? ❑ yes ❑ no Location of the Property: (Section Township and Range to the nearest 1/4, 1/4 Section or latitude and longitude, and a street address where available) Water Body Name: Shoreline of Statewide Significance: C yes [ no Environment Designation: Description of the Project: (Summary of the intended use or project purpose) Notice of Application Date: Final Decision Date: By: (Local Government Primary Contact on this Application) Phone No: WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM APPENDIX B ACRONYM LIST B-1 650 Appendix B Acronym List AFO Animal Feeding Operation BMP Best Management Practice BOD Biological Oxygen Demand CAFO Confined Animal Feeding Operation CMZ Channel Migration Zone COD Chemical Oxygen Demand CPAL Conservation Program on Agriculture Lands CRMP Cultural Resource Management Plan DNR Department of Natural Resources DOE Department of Ecology ESA Endangered Species Act FDA Food and Drug Administration FEMA Federal Emergency Management Agency FERC Federal Energy Regulatory Commission GMA Growth Management Act HPA Hydraulic Project Approval IBC International Building Code LID Low Impact Development MLLW Mean Lower Low Water NMFS National Marine Fisheries Service NRCS Natural Resource Conservation Service OHWM Ordinary High Water Mark PSDDA Puget Sound Dredged Disposal Analysis PUD Planned Unit Development RCW Revised Code of Washington SEPA State Environmental Policy Act SMA Shoreline Management Act SMP Shoreline Management Program TESC Temporary Erosion and Sediment Control WAC Washington Administrative Code WCC Whatcom County Code WCPDS Whatcom County Planning & Development Services WDFWWashington Department of Fish and Wildlife an 651 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM APPENDIX C CHERRY POINT MANAGEMENT AREA: Wetland Map C-1 652 7 00 a 12 IEI 13 0 E nH KA ChertyPoInt 04LAFZZ P,0 wkwi-m vlow Cherry Point Management Area - - - - - - Boundary of Management Unit Appendix C N, N 21 I N, V. 20 A.T -2� ,el % OHWM e. 9 C.C9LNoFL mONi GNr AND L- pgopsm r-4- fi 0.5 0 Miles 653 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM APPENDIX D WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM: Shorelines of the State D - 1 654 rj19411L11I%� OFFICIAL SHORELINE MAP: Whatcom County Shoreline Area Designation E - 1 655 WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM Appendix F — Common -Line Setback Standards 1. Single-family residential development on non -conforming lots shall meet the setback standards established in Ch 23.90.13, Shoreline Bulk Provisions, except as provided in Ch 23.50.07K.2 Non -Conforming Development and subsection 2 below. 2. For the purpose of accommodating shoreline views to be adequate and similar to adjacent residences but not necessarily equivalent, setbacks and buffers for single-family residences may be reduced consistent with the following: a. Where there are existing legally established non -conforming residences that encroach on the established setback/buffer within fifty (50) feet of either side of the proposed building foot print, the Administrator may reduce the required setback/buffer for the proposed structure. In such cases, the proposed residential structure may be set back from the OHWM to a common line drawn between the nearest corners of each adjacent residence. b. In those instances where only one existing non -conforming single family residence is within fifty (50) feet of the proposed building footprint, the Administrator may reduce the setback/buffer of the proposed structure to a line drawn between the nearest corner of the existing adjacent residence and the nearest applicable setback for the adjacent vacant parcel. C. In no case shall the reduced setbacks and buffers applied be less than fifteen (15) feet landward of the OHWM. In all cases, vegetative buffers shall be optimized. d. Any further setback/buffer reduction for non -conforming lots beyond that allowed in this section shall require approval of a shoreline variance permit. E - 1 656 Whatcom County SMP Common -Line Setback Standards for Residential Development Existing Non- conforming House r----------- 1 , , ' J ' Existing Non- conforming House r----------- I , I , I , I , I ' I ' I ' 1 ' I i Proposed House r----------- 1. - 1 , 1 , 1 , I ' 1 ' 1 , i 1 Imaginary Line Used to Determine Setback/Buffer Existing Non -conforming House r----------- i , � I � 1 '--------`- V-1 Roof Line Shoreline (O.H.W.MJ Proposed House VACANT LOT Ir----------- I I 1 ' Standard Setback ' Line Imaginary Line Used to I Determine Setback/Buffer I Shoreline (O.H.W.M) ..- E-1 657 SMP Ordinance: Exhibit 2 Recommended January 30, 2007 EXHIBIT 2 Council Natural Resource Committee Recommended Whatcom County Code Amendments to Implement the Shoreline Management Program (WCC, Title 23) *Council Natural Resource Committee recommended text amendments are identified by double underline and text. "Planning Commission recommended text amendments are identified by single underline and s+Rg'8 stFikethFeuo text. Whatcom County Critical Areas Ordinance (WCC, Chapter 16.16) 1) 16.16.225 Regulated Activities A.2. Constructing, reconstructing, demolishing or altering the size of any structure or infrastructure, subject to the provisions for a non -conforming structure pursuant to WCC 20.83, d SMP 23.50.0730 and WCC 16.16,275. 6.3. Alteration is necessary to accommodate an approved 'l'^dustri^' Gh^.^' ^^ dt-water-oriented use and any associated development/activity and/or the development activities listed in SMP 23.90.13.B.7.a when permitted in accordance with the Whatcom County Shoreline Management Program (SMP) where the f....% provided that such development is operated, located, designed and constructed to minimize and, where possible, avoid critical area disturbance to the maximum extent feasible; or 2) 16.16.230 Exempt Activities The following activities as specified are exempt from the provisions of this chapter: A. Class I, II, III and IV -Special forest practices conducted in accordance with the applicable standards of the Washington State Forest Practices Act, WAC 222-16, except where either of the following applies: 1. The lands have been or are proposed to be converted harvest plaR. to a use other than commercial forest product production as ; or 2. On lands which have been platted after January 1, 1960, as provided in RCW 76.09.050 and RCW 76.09.240. 3) 16.16.285 Penalties and Enforcement C. Within 2=9 30 calendar days after the notice is received, the person incurring the penalty may apply in writing to the County for remission or mitigation of such penalty. Upon receipt of the application, the County may remit or mitigate the penalty upon whatever terms the County in its discretion deems proper. The County's .final decision on mitigation or revision shall be reviewed by the Hearing Examiner if the aggrieved party files a written appeal therewith of said decision within 10 calendar days of its issuance. Page 1 of 5 659 Recommended January 30, 2007 4) 16.16.320 Geologically Hazardous Areas — General Standards EXHIBIT 2 C. Agricultural activities may be allowed within _geologically hazardous areas without a farm conservation plan; except that, a farm conservation plan shall be required for agricultural activities within landslide hazard areas and associated buffers. 5) 16.16.355 Standards — Erosion Hazard Areas G. Stream bank stabilization and shoreline protection may be permitted subject to all of the following standards: 1. Shoreline protection measures located within coastal or riverine erosion areas shall use soft armoring techniques (bioengineering erosion control measures as identified by the State Department of Ecology and the Department of Fish and Wildlife guidance) unless the applicant provides a geotechnical analysis demonstrating that bioengineering approaches will not adequately protect the property_ nreyided that all of the following shall apply: 24-. The armoring shall not increase erosion on adjacent properties and shall not eliminate or reduce sediment supply from feeder bluffs. 3-2. The armoring will not adversely affect critical areas including habitat conservation areas or mitigation will be provided to compensate for adverse effects where avoidance is not feasible. 43. The proposal shall comply with WCC Title 23. 54. Hard bank armoring is discouraged and may occur only when Tthe property contains an existing legally established permanent structure(s) that is in danger from shoreline erosion caused by wave action, waves or rivernne processes and not erosion caused by upland conditions, such as the alteration of natural vegetation or drainage, and the armoring shall not increase erosion on adjacent Properties and shall not eliminate or reduce sediment suppl 1. Hard angering shall not he used to address n al sloughing ernsinn of stem bluffs OF shoreline r , e rnsien itself, when n .. en.atien of existing strnfi rres is net a nennern 65. The erosion is not being caused by upland conditions, such as the removal of vegetation or human alteration of existing drainage. 76. Nonstructural measures, such as placing or relocating the development further from the shoreline, planting vegetation, or installing on -site drainage improvements, are not feasible or not sufficient. 6) 16.16.720 Habitat Conservation Areas — General Standards L. Instream structures, such as, but not limited to, high flow bypasses, dams, and weirs, shall be allowed only as part of a watershed restoration project as defined pursuant to SMP 23.110.W.1050.32 or identified in watershed planning documents prepared and adopted under RCW 90.82, the Salmonid Recovery Plan or Salmon Recovery Board Habitat Project List, and the County's Shoreline Restoration Plan and upon acquisition of any required state or federal permits. The structure shall be designed to Page 2 of 5 ••1 Recommended January 30, 2007 EXHIBIT 2 avoid adverse effects on stream flow, water quality, or other habitat functions and values. 7) Article 8 - Definitions "Compensatory mitigation" means a iUgatior project for the purpose of mitigating , at an equivalent or greater level, unavoidable critical area and buffer impacts that remain after all appropriate and practicable avoidance and minimization measures have been implemented. Compensatory mitigation includes, but is not limited to, wetland creation, restoration, enhancement, and preservation; stream restoration and relocation, rehabilitation; and buffer enhancement. "Feasible alternative" means an tc ion such asdevelopment.-mitigation. or rration. that meets all of the following conditions: (a) The action can be accomplished with technologies and methods that have been used in the past in similar circumstances, or studies or tests have demonstrated in similar circumstances that such approaches are currently available end likely to achieve the intend��i r. ult b) The aption pro_v1as a reasonable likelihap�hf achieving its intended purpose: and (c) The action does not physically preclude achieving e project's primary intended legal use. Feasibility shall take into account both short and long-term m n ty and non -monetary cots f "Maintenance Qr and repair" means those usual activities wo* required to prevent a decline, apse or cessation from a lawfully established c n iti -1-ffitim-n8l state r to restore the character. scope. size, and design of a serviceable area, structure, or land use to a state comparable to its previously authorized and undamaged condition. This does not include any activities that changes the character, scope, or size of the original structure, facility, utility or improved area beyond the original d "Monitoring" means evaluating the impacts of development proposals over time on the biological, hydrological, pedological, and geological elements of s ecosystems ftmcf and processes. and/or assessing the performance of required mitigation measures throught the collection and analysis of data by various methods for the purpose of understanding and documenting changes in natural ecosystems and features compared to baseline or pre-proiect conditions and/Qr reference data. Page 3 of 5 661 Recommended January 30, 2007 EXHIBIT 2 "Qualified professional" or "qualified consultant" means a person with experience and training with expertise appropriate for the relevant critical area subject in accordance with WAC 365- 195-905(4). A qualified professional must have obtained a B.S. or B.A. or equivalent degree in biology, soil science, engineering, environmental studies, fisheries, geology, geomorphology or related field, and related work experience and meet the following criteria: a. A qualified professional for wetlands must have a degree in biology, ecology, soil science, botany, or a closely related field and a minimum of five-(6) three 3 years of professional experience in wetland identification and assessment associated with wetland ecology in the Pacific Northwest or comparable systems. A qualified professional for habitat conservation areas must have a degree in wildlife biology, ecology, fisheries, or closely related field and a minimum of three 3 five-(6) years professional experience related to the subject species/habitat type. C. A qualified professional for geologically hazardous areas must be a professional engineering geologist or geotechnical engineer, licensed in the state of Washington. d. A qualified professional for critical aquifer recharge areas means a Washington State licensed hydrogeologist, geologist, or engineer. "Site" means any parcel or combination of contiguous parcels, or right-of-way or combination of contiguous rights -of -way under the applicant's/proponent's ownership or control that the subject of a development proposal or change in use 8) Appendix C Native Growth Protection Easement Sign Installation Guidelines Type 1 Signs — NOTES: 1) NGPE signs shall be placed no greater than 4W 200 feet apart around the perimeter of the NGPE. Minimum placement shall include one Type 1 sign per wetland, and at least one Type 1 sign shall be placed in any lot that borders the NGPE unless otherwise approved by the Technical Administrator. Type 2 Signs — NOTES: 1) NGPE signs shall be placed no greater than 200 feet apart around the perimeter of the Native Growth Protection Easement. Minimum placement shall include one Type 1 sign per wetland, and at least one Type 1 sign shall be placed in any lot that borders the Native Growth Protection Easement unless otherwise approved by the County Critical Areas Specialist. Page 4 of 5 662 Recommended January 30, 2007 EXHIBIT 2 Whatcom County Zoning Ordinance MCC, Title 20) 9) 20.97.017 Aquaculture. "Aquaculture" means the farming or culture of food fish, shell fish, or other aquatic plants or animals in fresh or salt water areas and may require development such as fish hatcheries rearing pens, and structures and shellfish rafts, as well as use of natural spawning and rearing areas. The term aquaculture also includes activities related to either growing, handling, or harvesting of aquatic produce, such as fish and crab, including, but not limited to, propagation, stocking, holding, nurturing, disease treatment, waste disposal, water use, development of habitat and structures. Private, non-commercial aquaculture activities that do not require development shall not be subject to the use provisions of WCC. Title 20 and are permitted in all zoning districts when permitted in accordance with the provisions of the Whatcom Countv Shoreline Management Program MCC Title 23). Page 5 of 5 663 SMP Ordinance: Exhibit 3 - A ... s._ Co v' cc L tm C) I- 0 W zm cu cc W ":.`tip :� ;� '`••`'_ '�'`: c� w . `"?rN `:..afY�'� 5 }�Sf i!€:'Joi; AIM 11 131 „.•r % F , .. .} w .1 aA5 :F. ° 1 q . ,�•' fr y* NA A 2 �y' Y^ ,. v - }�� �� � �� , •fir �' i�' b � i r: , z '; } ..?A AN a" ;:,'i' ea .a x; ! t.-,�' �, •,,,fie e k- iR It y Y .t � -.i M'.f . a . •..' JC`_:'� : _'.,� `fit l µAE � j\ 's K M ddIBF 8e { • i �' •.; ' �S st JIB L � � � � ��� ..�, ,.5 a .>R,y.: elf^� •;� S "vcidl ':m fx� �•--J vav .i ba 44 s^ •_.�z '.-5- ;t,c'x;t;:�,.iltY"�z'' . »Gueq, r �t �i `= i+� z agrQ t SYJ�¢��paft,� �,77 tnE t��.t{a �'F^S-- EMU E=3a ri� i 58�� D`m m� J C r3ci� OB�SE$9 � � gQ°Qi o ul E Otigm°� S 4 O Upp2aa a Jn3flpi 0 X CO � CL W N I..L Q0�xx W i Z � J Q W U� o 0 Q Q a O o U) U ONN ONN C N o W I- G I� d W Z NJ S.L O d W Z —i m O Z J J Q W p LL L 665 SMP Ordinance: Exhibit 3 - B ... 0E 4W 2 wvi W W Q i OV s 4W V V s r� W'd 1 M a --a - a� ._ 11jC I ;� �, I� - � ' � i,� !1 3 ,P •a �c''Jgry� #Fl �F. ,y;: �- ..' �L ,1.. x I ..:,,. 5 � � r - ' kkt '� 7 t a ✓ ',.dY'd i g��l �� Q�+q, i ��� ��-1 .111 V 8 a� ;! s y,fj, 'fi g aA I Z fi' 1 oa j'I A, yp I $ LV Vil 1 � ��c K ig •-�.�J., 9f' 4 -r ,,Ya - .� F�, r•e $a/ ck s�`�. N 3 •a'.-- 667 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-303 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assi ned to: Originator. Peter Gill f2 E C L� �Q fz D V/ IL�� 8/5/08' Introduction Division Head: Oliver Grah FEB 17 2009 9/9/08 Hearing Dept Head: David Stalheim WHATCOM COUNTY COUNCIL 10 21 / 08 Nat Res / Coun Prosecutor: Royce Buckingham t ,61 2/24/09 Council/Intr PurchasingiBudget., 3/17/09 Council Executive: Pete Kremen TITLE OP DOCUMENT: Ordinance amending the official Whatcom County Shoreline Management Program, WCC Title 23; the Official Shoreline Map; and associated provisions of WCC Chapter 16.16 — Critical Areas and WCC Title 20 — Zoning. ATTACHMENTS: (1) Proposed Ordinance SEPA review required? ( x) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( x ) NO SEPA review completed? ( x ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you mustprovide the language for use in the requiredpublic notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) AMENDING WHATCOM COUNTY CODE, TITLE 23 — SHORELINE MANAGEMENT PROGRAM; THE OFFICIAL SHORELINE MAP; AND ASSOCIATED PROVISIONS OF WCC, CHAPTER 16.16 — CRITICAL AREAS AND WCC, TITLE 20 - ZONING ORDINANCE TO UPDATE THE WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM IN ACCORDANCE WITH THE REQUIREMENTS OF THE WASHINGTON STATE SHORELINE GUIDELINES (WAC 173-26) AND OTHER APPLICABLE LOCAL, STATE AND FEDERAL ENVIRONMENTAL REGULATIONS. THIS ORDINANCE MODIFIES THE ADOPTED FEB. 27, 2007 SHORELINE MANAGEMENT PROGRAM WITH CHANGES FROM THE WASHINGTON STATE DEPARTMENT OF ECOLOGY REVIEW. COMMITTEE ACTION. COUNCIL ACTION: 10/21/2008: Planning staff to develop draft language 8/05/2008: Introduced to address these items, hold the ordinance in 9/09/2008: Held in Committee - written record held committee, and pass it all at once after a public open to 9/23/2008 hearing 10/21/2008: Held to a later date 2/24/2009: Moved to Introduction Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. it duced SPONSORED BY: Consent PROPOSED BY: PDS INTRODUCTION DATE: August 5, 2008 ORDINANCE NO. AMENDING WHATCOM COUNTY CODE, TITLE 23 — SHORELINE MANAGEMENT PROGRAM; THE OFFICIAL SHORELINE MAP; AND ASSOCIATED PROVISIONS OF WCC, CHAPTER 16.16 — CRITICAL AREAS AND WCC, TITLE 20 - ZONING ORDINANCE TO UPDATE THE WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM IN ACCORDANCE WITH THE REQUIREMENTS OF THE WASHINGTON STATE SHORELINE GUIDELINES (WAC 173-26) AND OTHER APPLICABLE LOCAL, STATE AND FEDERAL ENVIRONMENTAL REGULATIONS WHEREAS, the Washington State Legislature passed the Shoreline Management Act (SMA) in 1971 requiring counties and cities to adopt and administer local shoreline management programs to carry out the provisions of the Act; and WHEREAS, the Whatcom County Shoreline Management Program (WCC, Title 23 [SMP]) was originally adopted on May 27, 1976 and approved by the Department of Ecology on August 27, 1976; and WHEREAS, in 1995 the State Legislature directed the Washington State Department of Ecology to update the Shoreline Management Program Guidelines (WAC 173-26), which serve as the standards and guidance that local governments must follow in drafting, local shoreline management programs; and WHEREAS, in December 2003, the Department of Ecology adopted new, revised Shoreline Guidelines (WAC 173-26); and WHEREAS, pursuant to RCW 90.58.080, Whatcom County is required to review and update its existing 1998 Shoreline Management Program to ensure conformance with the required elements of the 2003 Shoreline Guidelines; and WHEREAS, the Whatcom County SEPA Official issued a Determination of Non -significance (DNS) for the proposed Whatcom County Shoreline Management Program update on August 25, 2006; and WHEREAS, pursuant to RCW 36.70.390, legal notice was published in the Bellingham Herald on Friday, September 15, 2006; and WHEREAS, the Planning Commission held a public hearing on the proposed amendments on Thursday, September 28, 2006 and considered all testimony; and WHEREAS, the Planning Commission held work sessions on the proposed amendments on Thursday, September 28, 2006 and Thursday, October 26, 2006; and WHEREAS, the Planning Commission recommended approval of the proposed amendments on Thursday, October 26, 2006; and WHEREAS, Whatcom County passed Ordinance #2007-017 adopting the Shoreline Management Program amendment on February 27, 2007, the State Department of Ecology must approve it before it becomes effective; and Page 1 WHEREAS, the State Department of Ecology has approved the Whatcom County Shoreline Management Program amendment with changes; and WHEREAS, the Whatcom County Council finds the amendments to be in the best interest of the public health, safety and welfare; and WHEREAS, RCW 36.70.795 requires the adoption of findings of fact which justify Council action; and WHEREAS, the Washington State Department of Ecology (DOE) has adopted the Whatcom County Shoreline Management Program (SNIP), WHEREAS, the Whatcom County SMP became effective when approved by DOE on August 8, 2008, per WAC 173-26-120, WHEREAS, Whatcom County has worked cooperatively with DOE to develop the Whatcom County SMP and has the enforcement power necessary to apply the Whatcom County SNIP, WHEREAS, Whatcom County wishes to affirm at the local level its cooperative role, participation, and approval of the SNIP adopted and made effective by Washington State, WHEREAS, the County Council has adopted the following Findings and Conclusions: FINDINGS OF FACT AND CONCLUSIONS The Washington State Legislature passed the Washington State Shoreline Management Act (RCW 90.58 [SMA]) in June 1971 and it was passed by public initiative in 1972. Under the SMA, each county and city is required to adopt and administer a local shoreline management program to carry out the provisions of the Act. 2. The Shoreline Management Program Guidelines (WAC 173-26) are the standards and guidance that have been adopted by the Department of Ecology that local governments must follow in drafting their local shoreline management programs. 3. The Whatcom County Shoreline Management Program (WCC, Title 23 [SMP]) was originally adopted on May 27, 1976 and approved by the Department of Ecology on August 27, 1976. The Shoreline Program has been revised several times since its initial adoption, including updates in 1986, 1993 and 1998. 4. Pursuant to the SIVIA, at RCW 90.58.050, Whatcom County and the State Department of Ecology share joint authority and responsibility for the administration of the Whatcom County SNIP. The Whatcom County Shoreline Management Program has the authority of state law because it is approved and adopted by the Department of Ecology. 5. In 1995, the State Legislature amended the Growth Management Act (RCW 36.70A [GMA]) and the SMA to partially integrate the provisions of the two statutes. The amendments collectively added the goals and policies of the SMA as a fourteenth planning goal under the GMA and clarified that the goals and policies of an approved SMP shall constitute a shoreline element of the county's Comprehensive Plan (RCW 36.70A.480). The Legislature also directed Ecology to update the State Shoreline Guidelines to ensure consistency with the SMA and GMA. Page 2 670 6. Pursuant to RCW 36.70A.480 and Comprehensive Plan Policy 11 B-8, the goals and policies of the Whatcom County Shoreline Management Program shall be recognized as constituting a shoreline element of the Comprehensive Plan. 7. Legislation passed in 2003 (ESHB 1933) clarified that critical areas within shorelines are to be "designated" under the GMA, but "protected" by the SMP at a level that is "at least equal to" the County's adopted critical areas ordinance. 8. In December 2003, the Department of Ecology adopted new, revised Shoreline Guidelines (WAC 173-26). 9. Pursuant to RCW 90.58.080, Whatcom County is required to review and update its existing 1998 Shoreline Management Program to ensure conformance with the required elements of the 2003 Shoreline Guidelines. 10. Comprehensive Plan Policy 2D-6 states that Whatcom County must "review and update the Whatcom County Shoreline Management Program once the State issues new guidelines. "rhe update should improve the integration of the Shoreline Program with Growth Management in order to provide predictability and consistency in regulation, and eliminate regulatory redundancy". 11. In 2004, Whatcom County initiated the update of the Whatcom County Critical Areas Ordinance (WCC, Chapter 16.16 [CAO]) to serve in part as an integrated critical areas component of the SMP update. 12. In September 2005, the Whatcom County Council adopted an updated CAO, which will regulate critical areas within shoreline jurisdiction in accordance with ESHB 1933. 13. Pursuant to WAC 173-26-201(2)(a), when updating its SMP, Whatcom County is required to identify and assemble the most current, accurate, and complete scientific and technical information applicable to the shoreline issues of concern in Whatcom County. Additionally, pursuant to GMA best available science (BAS) requirements associated with the CAO update, Whatcom County prepared a review and analysis of BAS pertinent to Whatcom County, which is presented in the Whatcom County Shoreline Management Program Update Background Information: Volume 2 — Scientific Literature Review. 14. The Shoreline Guidelines, at WAC 173-26-201(3)(c) and (3)(d), require Whatcom County to document existing shoreline conditions and present a baseline inventory and characterization of ecosystem -wide processes and shoreline ecological functions within Whatcom County. A Shoreline Inventory and Characterization has been developed in association with the SMP update and is a companion background document to the SMP (Volume 1 — Inventory and Characterization Report). 15. The Whatcom County Shoreline Inventory and Characterization Report and the Scientific Literature Review were prepared in consultation with a Technical Advisory Committee and a Citizens Advisory Committee appointed by the County Executive. The information and analyses presented in these documents provide a scientific basis for the proposed SMP update, SMP map amendments and the 2005 CAO. 16. An official Technical Advisory Committee (TAC) consisting of government and agency representatives was formed for the specific purpose of assisting Whatcom County PDS in the review and update of the Whatcom County CAO and SMP. The purpose of the TAC has been to help focus technical discussions, identify and verify sources of best available science, and identify key technical and policy issues that are important to the many agencies and governments in Whatcom County. Page 3 671 17. The TAC conducted thirty-four open public meetings between July 2004 and May 2006 to review and comment on the 2005 CAO update, draft SNIP code and map amendments, as well as the information presented in the draft SNIP Update Background Information: Volume 1 — Shoreline Inventory and Characterization Report, Volume 2 — Scientific Literature Review, Volume 3 — Restoration Plan, and Volume 4 — Cumulative Effects Analysis. 18. A Citizens Advisory Committee (CAC) was officially formed for the specific purpose of assisting Whatcom County Planning & Development Services (PDS) in reviewing and updating the Whatcom County Critical Areas Ordinance (CAO) and the Whatcom County Shoreline Management Program (SNIP). The purpose of the CAC has been to help focus discussions and identify key technical and policy issues that are important to the many diverse interests and perspectives of stakeholder groups in the county. 19. The CAC conducted forty-three open public meetings between July 2004 and September 2006 to review and comment on the 2005 CAO update, existing 1998 SNIP, all of the draft SNIP code amendments, the draft Shoreline Area Designation map amendments, as well as draft SNIP background documentation. 20. , Whatcom County PDS hosted CAO/SMP public workshops and expert panel discussions on September 30 and October 6, 2004 to inform interested citizens of the intent, scope, and status of the CAO/SMP update processes, as well as obtain preliminary public comments and questions. 21. A Draft Shoreline Management Program was released for public review and comment on June 30, 2006 and the public was invited to submit comments and/or recommend changes within an official 60-day comment period. The official public comment period closed on August 30, 2006. 22. Public workshops were held on July 12, 2006 in the City of Bellingham and on July 13, 2006 in the City of Lynden to introduce and discuss important changes and additions presented in the June 30, 2006 draft Shoreline Management Program. Additional public open houses were held on August 15 and 16, 2006 in Birch Bay and Lake Whatcom respectively. Public comments, questions and concerns received at these events were recorded and addressed in a public comment matrix and in the September 2006 Planning Commission Review Draft SMP. 23. Additional public education and involvement opportunities included the 2004 Birch Bay and Bellingham Marine Shoreline Stewardship Workshops, the 2005 and 2006 Nooksack Recovery Team Annual Salmon Summit, the 2005 and 2006 Whatcom County Home & Garden Show, and the 2005 and 2006 Drayton Harbor Shellfish District Open House events. 24. Whatcom County staff held meetings with and/or gave presentations to several stakeholder groups throughout the SMP/CAO update processes, including the Washington Dairy Federation, Washington Farm Bureau, Building Industry Association of Whatcom County, Nooksack Recovery Team (NRT), Whatcom County Association of Realtors, Marine Resources Committee (MRC), Whatcom County Agriculture Advisory Committee, and the Environmental Community. 25. The Whatcom County SEPA Official issued a determination of non -significance under the State Environmental Policy Act on the proposed Whatcom County Shoreline Management Program update on August 25, 2006. 26. Pursuant to RCW 36.70.590, legal notice for a Planning Commission public hearing was published in the Bellingham Herald on Friday, September 15, 2006. Page 4 672 27. The Whatcom County Planning Commission held a public hearing on September 28, 2006 and all testimony was considered. 28. The Whatcom County Comprehensive Plan projects a total population of approximately 72,000 people in unincorporated Whatcom County, excluding UGAs, by the year 2022, or an increase of approximately 20 percent between 2002 and 2022. As Whatcom County's population increases, associated development activities will continue to create greater challenges for the preservation and protection of Whatcom County's shoreline resources. Without appropriate planning and management, land use activities can create potential impacts that may threaten both shoreline resources and the public welfare. 29. The proposed amendments to WCC Title 23—Shoreline Management Program, attached as Exhibit 1, are generally consistent with and implement the goals, policies, and requirements of the Washington State Shoreline Management Act, Washington State Growth Management Act, Washington State Shoreline Guidelines, Whatcom County Comprehensive Plan, and County -wide Planning Policies. 30. The proposed amendments to WCC, Title Chapter 16.16 and WCC, Title 20, attached as Exhibit 2, are necessary to maintain regulatory consistency and integration with the SMP. 31. The proposed amendments to the Official Shoreline Map, attached as Exhibit 3, have been applied to the shoreline following review and consideration of multiple factors, including information presented in the Shoreline Management Program Inventory and Characterization, degree of alteration, existing and planned development patterns, policies of the SMA, public ownership, etc., and are generally consistent with the State Shoreline Guidelines, the official Whatcom County Zoning map, and the Whatcom County Comprehensive Plan Map. 32. The proposed goals, objectives, shoreline area designations, policies, regulations, and procedures set forth in this Shoreline Management Program are essential to the protection of the public health, safety and general welfare of the people of Whatcom County. 33. With passage of Resolution #2007-011 and Ordinance #2007-017, on February 27, 2007, by the County Council and the Whatcom County Executive signing the ordinance on March 8, 2007, Whatcom County staff forwarded the proposed amendments to Ecology for approval. 34. Exhibit 2, changes to Whatcom County Code, Title 16, Chapter 16.16 — Critical Areas and Title 20 — Zoning remain as adopted by Ordinance #2007-017, on February 27, 2007. 35. As required by the State review process (WAC 173-26-120) the Department of Ecology held a public hearing in Bellingham on October 3, 2007, the comment period was open until November 2, 2007. 36. On May'2, 2008 Whatcom County received from the Department of Ecology notification of all oral and written comments it received during its public comment period. Following review by the Council Natural Resource Committee, the County submitted to Ecology, on July 9, 2008, its responses to issues raised during the state comment period. 37. The State Department of Ecology signed its decision letter with changes to the Whatcom County Shoreline Program amendments on July 30, 2008. 38. On August 5, 2008, the Whatcom County Council approved Resolution 2008-056 accepting DOE's recommended and required changes of the Shoreline Management Program with alterations. Page 5 673 39. On August 8, 2008 Jay Manning, Director of the Washington State Department of Ecology, in accordance with WAC 173.26.120(7) and the policy of the Shoreline Management Act (RCW 90.58.020), approved the Whatcom County Shoreline Management Program. 40. On September 9, 2008, the Whatcom County Council held a public hearing to consider public comments on the Whatcom County Shoreline -Management Program adopted by the Department of Ecology on August 8, 2008. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1: Whatcom County Code, Title 23 — Shoreline Management Program is hereby amended as indicated in Exhibit 1 of this ordinance. Section 2: Changes to Whatcom County Code, Title 16, Chapter 16.16 — Critical Areas and Whatcom County Code, Title 20 — Zoning are hereby adopted as indicated in Exhibit 2 of this ordinance. Section 3: The Whatcom County Shoreline Management Program: Shorelines of the State map is hereby adopted as indicated in Exhibit 3-A of this ordinance. Section 4: The Official Shoreline Map: Whatcom County Shoreline Area Designations is hereby amended as indicated in Exhibit 3-B of this ordinance. Section 5: Adjudication of invalidity of any of the sections, clauses, or provisions of this ordinance shall not affect or impair the validity of the ordinance as a whole or any part thereof other than the part so declared to be invalid. ADOPTED this day of , 2008. ATTEST: Dana Brown -Davis, Clerk of the Council APPRO ED as to form: ivi Deputy Pros cu or WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Council Chair ( ) Approved ( ) Denied Pete Kremen, County Executive Date: Page 6 674 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009 — 134 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 2/19/2009 3/17/2009 Council Division Head: Dept. Head: Prosecutor: Purcimin /Bud et: Executive: TITLE OF DOCUMENT: Appointment to fill vacancy on the North Lynden Watershed Improvement District ATTACHMENTS. Resignation Letter SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Lyle Rader resigned from North Lynden Watershed Improvement District. Per RCW 87.03.081 a vacancy shall be filled by appointment by the Borad of County Commissioners of the county in which the proceedings for the organization of the district were had. The appointee will serve until a replacement is elected at the next special district general election, which is December 2009. COMMITTEE ACTION: COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www. co. whatcom. wa. us/council. 675 PETE KREMEN ��oM co COUNCILMEMBERS: County Executi'M f� � E V E ��P ��� Barbara E. Brenner L� Laurie Caskey-Schreiber Sam Crawford MAR 0 2 2009 Seth M. Fleetwood �gSHrN��o�' Robert Kelly IHATCOM COUNTY L. Ward Nelson COUNC41 Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: &dh kynden W44,A J ZYraaemen-f i,s4,,,,t Which position on this board are you applying for (if applicable)? the ,7G Which Council district do you reside in? ( ) One (K) Two ( ) Three Are you a US citizen? ( 4-yes ( ) no Are you a registered voter? (des ( ) no Name: kar'v S+.jo Date: A-a7-cif Street Address: 9 21Y f9o,,l6le- i kph l�� City: d en Zip Code: Mailing Address (if different from street address): sa ►^�� Day Telephone: 3foo- Evening Telephone: Sa w7,e Fax Number: 3bo 31k- 199o" E-mail address: -6om bPonK e earW,iK. Ae-+ Occupation (If retired, please indicate former occupation): cda o-V -�rs r� Professional/Community Activities: Education: A i:G h s c bon I Qualifications related to position: Describe why you are interested in serving on this board or commission: # / - _;L ,oU.ctie d- 4' c Abe- Lrv"a_+i'o8 a i' JL - 4ef -the_ ^reJ 48 r'ebOresetjt /anA Owr7fvS i n th,'S d(-S4.rr(,+ A 3 - IercJ_ oI qe �oaded nat Do you or your spouse have a financial interest in or are you an employee or officer o agency that does business with Whatcom County? ( ) yes (,-no. If yes, please explain: e[av ert 7 any busi References (please include name and daytime telephone number): #e„t, 6tc l,'nK- 35v-1337 ke is 1&#, . ors fPaCn 35�Y-a73n Signature of applicant: or V_ As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. 676 EC, VD Memorandum FEB 18 2009 To: Whatcom County Council WHATCOM COUNTYCOUNCIL From: Henry Bierlink, John Gillies — NLWID Administrators Date: February 17, 2009 Subject: Change in Commissioners for North Lynden Watershed Improvement District The North Lynden Watershed Improvement District (NLWID) received a letter of resignation from Commissioner Lyle Rader effective February 16`h. At the February 17, 2009 Board meeting the Board directed us to communicate their desire to appoint Larry Stap to fulfill the remainder of Lyle's term. RCW 87.03.081 requires us to ask County government to make this appointment official. Would you take the necessary actions to help us in this regard? Please let us know if we need to provide more information. You can contact us at: 1796 Front Street Lynden, WA 98264 360-354-1337 hbierlink@wcfarmffiends.com 677 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009 — 137 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 3/6/2009 3/17/2009 Council Division Head.• Dept. Head: Prosecutor: Purchastn /Bud et: Executive: TITLE OF DOCUMENT: Appointment vacancy Utilities Planning & Advisory Committee: Lori Hansen ATTACHMENTS: Application SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate Be clear in explaining the intent of the action.) Appointment to fill vacancy, District 1 position on the Whatcom County Utilities Planning and Advisory Committee: Applicant: Lori Hansen COMMITTEE ACTION. • COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the CounLys website at. www.co.whatcom.wa.us/council. W. PETE KREMEN COM Cc C20 Oq 1 -3-7 COUNCILMEMBERS: Count Executiv '� vy Barbara E. Brenner y E (O LE V E DD �° S+ - Laurie Caskey-Schreiber Sam Crawford MAR 0 5 2009 Seth M. Fleetwood �gSNrNG,�0 Robert Kelly L. Ward Nelson �r I-j.ATrOM COUNTY Carl Weimer COUNCIL APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: 0-nnln!2� S0(3L'rd_ Which position on this board are you applying for (if applicable)? A Which Council district do you reside in? (�ne ( ) Two ( ) Three Are you a US citizen? ( yes ( ) no Are you a registered voter? ( Wes ( ) no Name: �r ` �A an S-ZQ_ Date: Street Address: City: Y }� V Mailing Address (if different from street address): _ Day Telephone: 2)(d) 5q 5-0n5o �yip Code: Evening Telephone: „ ckma Fax Number: -- E-mail address: mr Wck\te-c e . wj Occupation (If retired, please indicate former occupation): Professional/Community Activities: A nY\ ��ilr� knave �� CAL Education: Qualifications related to position: Z l iJL tkyN rLm 'Inkres�e ��1 a nn I nor rO CASs Describe why you are interested in serving on this board or commission: ('amy - Do you or ydtW spouse have a financial interest in or are you an ern agency that does business with Whatcom County? () yes (ti If yes, please explain: References (please include name and daytime telephone number): o Signature of applicant: or officer of any business or As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. 679 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009 — 136 CLEARANCES Initial Date Date Received in Council O ice Agenda Date Assigned to: Originator: Council 3/3/2009 3/17/2009 council Division Head: Dept. Head: Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT: Appointment vacancy Flood Control Zone District Advisory Committee: Jim Hanson ATTACHMENTS: Application SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you mustprovide the language for use in the requiredpublic notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Appointment to fill vacancy of alternate position, or Georgraphic position on the Whatcom County Flood Control Zone District Advisory Committee: Applicant: Jim Hanson (Council acting as the Flood Control Zone District Board of Supervisors). COMMITTEEACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www.co.whatcom.wa.us/council. •:1 CoRECEIVED COUNCILMEMBERS: �GOryI CO J,(, Barbara E. Brenner G Sam Crawford MAR 0 2' 2009 Marlene Dawson MAR 2 2UQ9 "' �Y "`> �l1HATC r Connie Hoag ' OM CQUNTy ' Robert Dan McShane PETS KREMEN 9 0� COUNCIL L. Ward Nelson COUNTY EXECUTIVE `SIIING'C APPLICATION FOR APPOINTMENT TO WHAT OM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: Which position on this board are you applying for (if applicable)? .' Which Council district do you reside in? (aC) One ( ) Two 0.( ) Three Are you a US citizen? (\!) yes ( ) no Nam Street Address:Z`/lS KP-e—sh Are you a registered voter?) yes ( ) no Date: 2 �� City: 'ReLI, �\zG. VVI—i Zip Code: Mailing Address (if different from street address): Day Telephone: 3sq' D-31-10 Evening Telephone: Fax Number: E-mail address: OASyZ_ CgnA, Occupation (If retired, please indicate former occupation):���1<-��R Professional/Community Activities: Et S . , , i �� ST k I i l� S t c; �. Education: Qualifications related to position: 11�_5 A1v,,,-5 AW YW&tC1 ,i Dv\, Sb Describe why you are interested in serving on this board or commission: t) i We, (L)Je,( 100d S e Dili re �; 04' o/h 00j y Do you or your spouse hYve`a financial interest in or are you an employee or officerrvof any business or agency that does business with Whatcom County? ( ) yes no If yes, please explain: References (please include name and daytime telephone number): �aw[44 C060F�c 9 Signature of applicant: As a candidate to a pub"oard or commission, the above information will be available to the County Council, County Executive, and the public. 681 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-151 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: SM 3/6/09 March 17, 2009 Council Originator: jam} E C V E D Division Head. - MAR O 9 2009 VU HA gTCOM COUNTY Dept. Head: Prosecutor: Purchasin /Bud et: COUNCIL Executive: c 7 J I TITLE OF DOCUMENT.• Appointments to the Whatcom County Agricultural Advisory Committee. ATTACHMENTS: Applications for Appointment from Dave Buys, Mike Finger, Debbie Vander Veen, Lesa Boxx and Todd Jones. SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) County Executive Pete Kremen requests confirmation of his appointments of Dave Buys, Mike Finger, Lesa Boxx and Debbie VanderVeen, as well as his reappointment of Todd Jones, to the Whatcom County Agricultural Advisory Committee. COMMITTEE ACTION. COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: tPlease Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www.co.whatcom.wa.us/council. PETE KREMEN County Executive rP,��otvi-f �% vy q$hlNGt.Rl . PETIEKROVIEN COUNCILMEMBERS: Barbara E. Brenner Laurie Caskey-Schreiber Sam Crawford Seth M. Fleetwood Dan McShane L. Ward Nelson Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM. COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: Cr�Zf` o�U 1,`S 00"4/ Which position on this board are you applying for (if applicable)? Which Council district do you reside in? ( ) One ( ) Two (o<) Three Are you a US citizen? (je) yes ( ) no Are you a registered voter? ki) yes ( ) no Name: 12A v ,65 Date: Street Address : I IV & , La City: Zip Code: `7Fa'(-0 Mailing Address (if different from street address): Day Telephone: _'? 6v - 23 -1- S 4114 6' Evening Telephone: 5 -3'r'4<.- 73-7 Fax Number: M�a_ 3/F E-mail address: /Cgtiv Occupation:(Lf retired, please indicate former occupation): , g- r.&(/- Professional/Community Activities:., " 5e./, Pp/ �/,1,�.�•�rr% ���ryr/o•e� _ Education:, Qualifications related to position: jec? cif a -a VA C/ /' '& A. AL h.`-4, Z% Describe why. you are interested in serving on this board or commission, Do you. or your spouse have .a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? ( ) yes ( no. If yes, please explain: References (please include name. and daytime telephone number):W�46wj �'�►�� 3-zo 3 :3 7., Signature of applicant: As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. no PETE KREMEN County Executive �GoM C4 �RShING.10 F l=B J F3 2 0 0 S PE"i i XF1 _MEN (;'0UNTYEi.EC'-' IVE" APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS C C r J e C,,A t A, Cls' T f 6a1 1 COUNCILMEMBERS�� Barbara E. Brenner/ Laurie Caskey-Schrelber Sam Crawford Seth M. Fleetwood Robert Kelly L. Ward Nelson Carl Weimer Name of board or committee -please see reverse: � C()-VWLhIf 7TV Which position on this board are you applying for (if applicable)? C 1 Which Council district do you reside in? ( ) One Two ( ) Three Are you a US citizen? Kyes ( ) no Are you a registered voter? yes ( ) no Name: '"11 k FtLA qer Date: /,;L -FeL oc� Street Address:. r� 6 City: Zip Code: Mailing Address (Wdifferent from street address): Day Telephone:: El '` S _9 Evening Telephone: _ Fax Number: E-mail address.:, CAFVI'IbQ,;i Of MQC, 601►ti Occupation (If retired, please indicate former occupation). v i Professional/Community Activities:: Belli�v. Div-, F' "err M Education: 61;1 lFvqy� NQL.N S'. colle Se Qualifications related to position: Describe why you are interested in` serving on thisboardboard or commission: lk c� ���`cvlPilJ� i�. Do you or your spouse have a financial interest in or are you an employee or officer of any business of agency:that:does business with .Whatcom.Co.unty?; ( ). yes no If yes, please.explain: References (please include name and daytime telephone number): f0m `f1►d1Vrk V1 CIG .j Signature of applicant: As a candidate to a public board ok commission, the above i . 9rmation will be available to the Countv Council. County Executive. an Pie public. 684 PETE KREMEN �GOM 'C EIV UNCILMEMBERS: County Executive sP `�� E. Brenner aprbara askey-Schreiber Sam Crawford FEB 2 5 2009 Seth M. Fleetwood gs�'NG�O Robert Kelly L. Ward Nelson PETE KREMEN Carl Weimer COUNTY EXECUTIVE APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS. Name of board or committee -please see reverse: &C1 X-bX Which position on this board are you applying for (if applicable)? Which Council district do you reside in? ( ) One ( ) Two ( ) Three Are you a US citizen? ( yes ( ) no Are you a registered voter? (�) yes ( ) no Name: L64 '�. 04_ Date: 112 S � 0 l Street Address: L, ZE:� City: tiiG�O �►'>>a l Zip Code: 98248 IVlailing Address (if different from street address): Day Telephone: .5(gD -5 4 -2-9 -7 5 Evening Telephone: f2jon8l S 5 Fax Number: 3Le0 -55 - -)5!5 E-mail address: Occupation (If retired, please indicate former occupation): Professional/Community Activities: (�A �� e" S N1 � 1�.1 l-1 0.T� ��►�'t�, -� U�-. � N t 1.� �„ 'i_ � rv-,_ rv�-- � �j' � �� 1 Education: Qualifications related to position: 11� Goy Describe why you are interested in. serving on this board or commission:Sjj�j ff —jtd� of t r� � ► 15 a9 e- ryl "LA J-- Q 2 S M -P Da � r� J' 'I 0 M-r, A L) �2 (L-t C�.E> i) ram, 4 Ve- Q .�-ES S I Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? ( ) yes 6c) no If yes, please explain: References (please include name and daytime telephone number): ( W LL t V _ LJO-C^j n 132, 7 Signature of applicant: candidate to a public board or commission, the above informatjon will be available to the County Council, County Executive, and the public. I/ PETE KREMEN County Executive 0 FEB 7 %OUJ ,.... . COUNTY 01J"'"4T ME: COUNCILMEMBERS: Barbara E, Brenner Laurie Caskey-Schreiber Sam Crawford Seth M_ Fleetwood Robert Kelly L. Ward Nelson Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: ri + Vpi- �Ohr►yr,ii��e, Which position on this board are you applying for (if applicable)? ti.lalr I`��n'1aeYs�,o Which Council district do you reside in? ( ) One Two ( ) Three Are you a US citizen? ( yes ( ) no Are you a registered voter? yes ( ) no Name: D�biaie, &Ader-Veer- 6X-ai-, . Vander Veer, pate: l f-b- 1'-1200 j Street Address: N-2P) Fast' Pole. . City: F-� V e-r,S o V) W P1 Zlp Code: '182-47 Mailing Address (if different from street address): Sarvle� Day Telephone:y31p.o - 35q - l 114 Evening Telephone: 3 69 0 "3 5 /�7q Fax Number: 3(o0- 3,54-1114 E-mail address:--Veeyi+ea.h-?�,Qmai(. (-oky) Occupation (If retired, please indicate former occupation): DA.I r� F-urryi c r' Professional/Community Activities: W ko.+Coni �K"rr_^(A W rb-4-.� ihr l�ederY�io ��V_Y e� CkWY b N o7 C�r�v��rce, NW WFairACSscG6o l h. farm Fr►'eids. FFA.'---H.W,C,Da,'vW6 ,- Education: BA Soc►a 10q V major, NQ cholnn Mihor : Li Qualifications related to positlon: '-&l ! h Di:5iyicf 2., aciye arj iVWDtVCA iY\ Wk&+, Co. 0gri0-d+UV-0,1 r5sues eVerIlerwe or) boa-rdsar4 Co Ir►^+e,2S*, Describe why you are interested in serving on this board or commission: V81Lk'+ter ��Me GLhJ mow ledge r_--ke- .be,+kr- Af of a n are, (k) our. co�►��- 1-� is �t co�firtue� oat o-F M he ,, Ayhc>k4are, i, are im Do you or your spouse have a financial Interest In or are you an Amployee or officer of any busi agency that does business with Whatcom County? ( ) yes no If yes, please explain: References (please include name and daytime telephone number):.. kenvy Sicrl ink 24Pa-35y--1337j -Tim orojn 360-354-i{jjI Signature of applicant: or As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. TO 39dd SW2Jb3 N3ZInH N33A VTOVVSE09E LZ:8T 600Z/ST/7686 PETE KREMEN County Executive "ING. COUNCILMEMBERS: Barbara E. Brenner Laurie Caskey-Schreiber Sam Crawford Seth M. Fleetwood Robert Kelly L. Ward Nelson Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: r-1 -tu,,\. Which position on this board are you applying for (if applicable)? Which Council district do you reside in? ( ) One Are you a US citizen? (X yes ( ) no ( ) Two ( ) Three Are you a registered voter? ( yes ( ) no Name:l� Q 61�Date: Street Address:571 S71 ne) ao-Al 7 City: Mailing Address Cif different from street address): Zip Code: Day Telephone: 6 V[ - F, Es 51 Z-22Sa Evening Telephone: 64-1-4_S50 Fax Number: S9Z.-`4 E-mail address: -i-43(2u <o'Ae•S S7���svl�i Occupation .(If retired, please indicate -former occupation): Professional/Community Activities: \;eA ic,.� Iray8 ` `` ` J ^l �-{••� c t� � � � urn: ghee Education: ����e . a �c►�v�d�c�S�aQi a��sru ��i,-- i565 "^����` Qualifications related to position: A, A I` C( jX-tve-� Describe why you are interested in serving on this board or commission: wo�`S� c kol, xww� _o1 k 114_ Do you or your spouse have a financial interest in or are,you an employee or officer of any business or agency that does business with Whatc m County? Vyes ( ) no If yes, please explain:�r, V,#a s-at��� i �S References (please include name and daytime telephone num'berA.�� ev%r-a !'); e.,-1" Signature of applicant: As a candidate to a public board or co the County Council, ion:, the above information will be available to y Executive, and the public. 687