HomeMy WebLinkAboutord2021-018•
Whatcom County
COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
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Bellingham, WA 98225-4038
(360) 778-5010
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Agenda Bill Master Report
File Number: AB2021-190
File ID:
AB2021-190
Version: 1
Status: Adopted
File Created:
03/18/2021
Entered by: DBrown@co.whatcom.wa.us
Department:
Council Office
File Type: Ordinance
Assigned to:
Council
Final Action: 04/06/2021
Agenda Date:
04/06/2021
Enactment #: ORD 2021-018
Primary Contact Email: TDonovan@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Ordinance imposing an interim moratorium on the acceptance and processing of applications and
permits for new or expanded outdoor recreational cannabis growing and/or processing facilities
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
This ordinance prohibits, on an interim basis, the fling, acceptance, or processing of new applications
for conversion of land or water, new building or structure permits, or other County permits or
authorizations for outdoor recreational marijuana production and/or processing facilities. The interim
moratorium shall not apply to applications that were filed and determined to be complete prior to the
effective date of this ordinance and vested pursuant to Washington statutes, or those for minor tenant
improvement permits associated with existing, permitted facilities. This interim ordinance shall be
effective for not longer than six months following its effective date, but 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.
HISTORY OF LEGISLATIVE FILE
Date: Acting Body:
03/23/2021 Council
Action:
Sent To:
INTRODUCED FOR PUBLIC Council
HEARING
Aye: 6 Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner
Nay: 1 Elenbaas
Absent: 0
Whatcom County Page 1 Printed on 41712021
Agenda Bill Master Report Continued (AB2021-190)
04/06/2021 Council ADOPTED
Aye: 6 Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner
Nay: 1 Elenbaas
Absent: 0
Attachments: Proposed Ordinance
Whatcom County Page 2 Printed on 41712021
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PROPOSED BY: PLANNING COMMISSION/ PDS
SPONSORED BY: DONOVAN
INTRODUCTION DATE: MARCH 23, 2021
ORDINANCE NO. 2021-018
IMPOSING AN INTERIM MORATORIUM ON THE ACCEPTANCE AND PROCESSING
OF APPLICATIONS AND PERMITS FOR NEW OR EXPANDED OUTDOOR RECREATIONAL
CANNABIS GROWING AND/OR PROCESSING FACILITIES
WHEREAS, on November 6, 2012, Initiative 502 was passed by the voters of the State of
Washington, amending Chapter 69.50 RCW and providing the regulatory framework for cannabis
producers, processors, and retailers to become licensed by the Washington State Liquor and Cannabis
Board ("WSLCB"); and
WHEREAS, on November 16, 2013, the WSLCB adopted final cannabis licensing rules as codified
in Chapter 314-55 WAC; and
WHEREAS, during the period between November 18, 2013, and December 18, 2013, the WSLCB
accepted cannabis license applications for cannabis production, processing and retail facilities; and
Whatcom County began receiving notifications of proposed cannabis facilities from the WSLCB in mid -
December 2013; and
WHEREAS, the WSLCB began issuing cannabis producer, processor, and retail licenses to
qualified applicants in March of 2014; and
WHEREAS, on January 16, 2014, the Washington State Attorney General issued an opinion
stating that Initiative 502 does not preempt counties from banning or placing additional regulatory
requirements on cannabis related businesses within their jurisdictions; and
WHEREAS, the Prosecuting Attorney and Planning and Development Services (PDS) had at the
time implemented a zoning interpretation policy, which stated that PDS would regulate cannabis
proposed uses as allowed by Initiative 502 in the same way as any other commodity that is grown,
processed, or sold in Whatcom County, it became evident that many of those proposed locations could
conflict with other surrounding uses; and
WHEREAS, on February 11, 2014, the Whatcom County Council adopted Ordinance 2014-011,
an emergency ordinance imposing a moratorium on the acceptance of all building and/or land use
applications that pertain to cannabis producers, processors, retailers and medical cannabis collective
gardens; and
WHEREAS, the County developed and implemented several sets of interim regulations during
that time, though none were deemed appropriate by the Council as permanent regulations; and
WHEREAS, on March 31, 2015, the Whatcom County Council adopted Ordinance 2015-006,
which contains the current County zoning regulations for recreational cannabis type uses, treating
cannabis similar to other agricultural products; and
WHEREAS, these regulations allowed for the indoor production of cannabis to occur within a
fully enclosed secured facility or a greenhouse with rigid walls, a roof and doors; and
WHEREAS, the ordinance also allowed outdoor production in non -rigid greenhouses or an
expanse of open or cleared ground fully enclosed by a physical barrier; and
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I WHEREAS, Ordinance 2015-006 allows for the production and processing of cannabis in the
2 Rural (administrative uses), Rural Forestry (permitted uses) and Agriculture zone districts (permitted
3 uses), subject to a proposed facility meeting several stated use standards, including odor controls (for
4 indoor grows only), lighting, traffic and parking control measures, as well as setbacks of 1,000 feet from
5 community centers and 300 feet from residences not located on the same property; and
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7 WHEREAS, the ordinance also allowed for the production and processing of marijuana in the
8 Rural Industrial and Manufacturing, Light Impact Industrial, and Heavy Impact Industrial districts as
9 permitted uses, subject to odor control measures (for indoor grows); and
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11 WHEREAS, the WSLCB is no longer issuing new licenses, existing licenses throughout
12 Washington State can be transferred and Whatcom County was notified by the WSLCB of approximately
13 30 recreational marijuana production and/or processing licenses last year (2020) within unincorporated
14 Whatcom County; and
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16 WHEREAS, while earlier licensees were small, local producers, their licenses now appear to be
17 being transferred to larger operators with more capital who are buying up the earlier licenses and
18 expanding and/or changing operations and/or locations; and
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20 WHEREAS, over the last few weeks the Council, Executive, Planning Commission, and PDS have
21 received complaints from residents adjacent to existing and proposed cannabis facilities regarding
22 excessive odor, lighting, and potential water usage, suggesting that the County's cannabis regulations
23 may not be sufficient; and
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25 WHEREAS, on February 25, 2021, the Whatcom County Planning Commission requested the
26 County Council consider implementing a moratorium on acceptance of applications for outdoor
27 marijuana growing and processing operations while PDS worked to revise those regulations to address
28 the public concerns; and
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30 WHEREAS, on February 23, 2021, the County Council adopted the 2021 Docket, a component of
31 the PDS work plan, including item PLN2021-00009, to "Review and revise Whatcom County Code relating
32 to marijuana growing and processing in rural areas. Consider impacts of marijuana growing and
33 processing facilities in rural areas, and evaluate growing and processing facilities as an agricultural or
34 non-agricultural use. Consider compatibility with GMA and County Comprehensive Plan."; however, due
35 to the pandemic, the Planning Commission and County Council have backlogs of other issues to address,
36 and PDS will need time to work with the community to properly develop and process any potential
37 regulatory amendments; and
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39 WHEREAS, pursuant to the Washington State Constitution, the general police powers granted to
40 counties empower and authorize Whatcom County to adopt land use controls to provide for the
41 regulation of land uses within the County and to provide that such uses shall be consistent with
42 applicable law; and
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44 WHEREAS, RCW 36.70A.390 authorizes a county governing body to adopt moratoria and
45 provides that such a moratorium may be effective for up to one year if a work plan is developed and
46 further that such a moratorium may be renewed for one or more six-month periods if a subsequent
47 public hearing is held and findings of fact are made prior to each renewal; and
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49 WHEREAS, the County Council finds that the interim moratorium imposed by this interim
50 ordinance is necessary for the protection of public health and safety; and
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1 WHEREAS, it is necessary to adopt an interim moratorium to prevent development applications
2 from vesting under current law and thus subverting the purpose of the proposed update to the policies
3 and regulations for cannabis growing and processing operations; and
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5 WHEREAS, the Whatcom County Council is required by RCW 36.70A.390 to hold a public hearing
6 within sixty (60) days of passage of this ordinance.
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8 NOW, THEREFORE, BE IT ORDAINED that the Whatcom County Council adopts the above
9 "WHEREAS" recitals as findings of fact in support of its action as required by RCW 36.70A.390.
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11 BE IT FURTHER ORDAINED by the Whatcom County Council that an interim moratorium is
12 hereby imposed prohibiting the filing, acceptance, or processing of new applications for conversion of
13 land or water, new building or structure permits, or other County permits or authorizations for outdoor
14 recreational marijuana production and/or processing facilities.
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16 BE IT FURTHER ORDAINED that this interim moratorium shall not apply to applications that
17 were filed and determined to be complete prior to the effective date of this ordinance and vested
18 pursuant to Washington statutes, or those for minor tenant improvement permits associated with
19 existing, permitted facilities.
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21 BE IT FURTHER ORDIANCED for the purposes of this ordinance, a minor tenant improvement
22 permit may include new or replaced equipment or other structural alterations that do not expand the
23 area of the facility or change the use from previous County approvals.
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25 BE IT FURTHER ORDAINED that if a section, subsection, paragraph, sentence, clause, or phrase
26 of this ordinance is declared unconstitutional or invalid for any reason by any court of competent
27 jurisdiction; such decision shall not affect the validity of the remaining portions of this ordinance, and if
28 the provisions of this ordinance are found to be inconsistent with other provisions of the Whatcom
29 County Code, this ordinance shall control.
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BE IT FINALLY ORDAINED that this interim ordinance shall be effective for not longer than six
months following its effective date, but 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.
p3 E� i i•
APPIRbVEpaths , nth`°'` day of April 2021.
-4
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ATTEST vb i fir`' ' , WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
v
Dana B'r-ownav s,Cterk•ofi.ti
heh Count Barry Buchanan, Council Chair
APPROVED ASJO FORM WHATCOM COUNTY EXECUTIVE
Approved via email by Karen Frakes / LB
Civil Deputy Prosecutor
WHATCOM COUNTY, WA INGTON
Satpal Sidhu, kounty Executive
Approved ( ) Denied
Date Signed: Al/q /;)_ 6