HomeMy WebLinkAboutord2021-023• Whatcom County COUNTY COURTHOUSE
�.
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Agenda Bill Master Report
File Number: AB2021-230
File ID: AB2021-230 Version: 1 Status: Substitute Adopted
File Created:
04/06/2021
Department:
Council Office
Assigned to:
Council
Agenda Date:
04/20/2021
Entered by:
File Type: Ordinance Requiring a Public Hearing
Primary Contact Email: TDonovan@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Final Action: 04/20/2021
Enactment #: ORD 2021-023
Ordinance imposing an interim moratorium on the acceptance and processing of permit applications for
new or expanded recreational cannabis growing and/or processing facilities which are proposed to
operate outdoors or in greenhouses
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
This ordinance prohibits, on an interim basis, the filing, acceptance, or processing of permit applications
for conversion of land or water, new building or structure permits, or other County permits or
authorizations for recreational marijuana production and/or processing facilities which are proposed to
operate in any of the following: (1) open or cleared ground, (2) a non -rigid greenhouse, (3) a
greenhouse with rigid walls, a roof and doors, or (4) similar type greenhouse structures. 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. For the purposes of this ordinance, a
minor tenant improvement permit may include new or replaced equipment or other structural alterations
that do not expand the area of the facility or change the use from previous County approvals. 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
Whatcom County Page 1 Printed on 412212021
Agenda Bill Master Report Continued (A82021-230)
Date: Acting Body:
Action:
Sent To:
04/06/2021 Council INTRODUCED FOR PUBLIC Council
HEARING
Aye: 6 Browne, Buchanan, Byrd, Donovan, Frazey, and Kershner
Nay: 1 Elenbaas
Absent: 0
04/20/2021 Council SUBSTITUTE ADOPTED
Aye: 5 Browne, Buchanan, Byrd, Donovan, and Frazey
Nay: 2 Elenbaas, and Kershner
Absent: 0
Attachments: Staff Memo, Proposed Ordinance, Substitute Ordinance - With Six Month Language
Whatcom County Page 2 Printed on 412212021
PROPOSED BY:
INTRODUCTION DATE: APRIL 6, 2021
5 ORDINANCE NO. 2021-023
7 IMPOSING AN INTERIM MORATORIUM ON THE ACCEPTANCE AND PROCESSING
8 OF PERMIT APPLICATIONS FOR NEW OR EXPANDED RECREATIONAL CANNABIS
9 GROWING AND/OR PROCESSING FACILITIES WHICH ARE PROPOSED TO OPERATE
10 OUTDOORS OR IN GREENHOUSES
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
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. During the period between November 18, 2013
and December 18, 2013, the WSLCB accepted cannabis license applications for cannabis
production, processing and retail facilities. Whatcom County began receiving notifications of
proposed cannabis facilities from the WSLCB in mid December 2013, and 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, Whatcom County Code (WCC) 20.97.227 defines marijuana production
as a facility licensed by the state Liquor and Cannabis Board to produce, harvest, trim, dry,
cure, and package marijuana, and sell marijuana at wholesale to state -licensed marijuana
processors and other statelicensed marijuana producers; and,
WHEREAS, WCC 20.97.227 states marijuana production may take place either
indoors within a fully enclosed secured facility or a greenhouse with rigid walls, a roof and
doors, or outdoors in non -rigid greenhouses, other structures or an expanse of open or cleared
ground fully enclosed by a physical barrier; and,
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
WHEREAS, Ordinance 2015-006 allows for the production and processing of
cannabis in the Rural (administrative uses), Rural Forestry (permitted uses) and Agriculture
zone districts (permitted uses), subject to a proposed facility meeting several stated use
standards. Such standards include odor controls (for indoor grows only), lighting, traffic and
parking control measures, as well as setbacks of 1,000 feet from community centers and
300 feet from residences not located on the same property. The ordinance also allowed for
the production and processing of marijuana in the Rural Industrial and Manufacturing, Light
Impact Industrial, and Heavy Impact Industrial districts as permitted uses, subject to odor
control measures (for indoor grows); and,
WHEREAS, the WSLCB is no longer issuing new licenses, existing licenses
throughout Washington State can be transferred and Whatcom County was notified by the
WSLCB of approximately 30 recreational marijuana production and/or processing renewal
licenses last year (2020) within unincorporated Whatcom County; and,
WHEREAS, while earlier licensees were small, local producers, their licenses now
appear to be being transferred to larger operators with more capital who are buying up the
earlier licenses and expanding and/or changing operations and/or locations; and,
WHEREAS, over the last few weeks the Council, Executive, Planning Commission,
and PDS have received complaints from residents adjacent to existing and proposed
cannabis facilities regarding excessive odor, lighting, and potential water usage, suggesting
that the County's cannabis regulations may not be sufficient; and,
WHEREAS, on March 23, 2021, the County Council adopted the 2021 Docket, a
component of the PDS work plan, including item PLN2021-00009, to 'Review and revise
Whatcom County Code relating to marijuana growing and processing in rural areas.
Consider impacts of marijuana growing and processing facilities in rural areas, and evaluate
growing and processing facilities as an agricultural or non-agricultural use. Consider
compatibility with GMA and County Comprehensive Plan." However, due to the pandemic,
the Planning Commission and County Council have backlogs of other issues to address, and
PDS will need time to work with the community to properly develop and process any
potential regulatory amendments; and,
WHEREAS, pursuant to the Washington State Constitution, the general police
powers granted to counties empower and authorize Whatcom County to adopt land use
controls to provide for the regulation of land uses within the County and to provide that
such uses shall be consistent with applicable law; and,
WHEREAS, RCW 36.70A.390 authorizes a county governing body to adopt moratoria
and provides that such a moratorium may be effective for up to one year if a work plan is
developed and further that such a moratorium may be renewed for one or more six-month
periods if a subsequent public hearing is held and findings of fact are made prior to each
renewal; and
WHEREAS, the County Council finds that the interim moratorium imposed by this
interim ordinance is necessary for the protection of public health and safety; and,
WHEREAS, it is necessary to adopt an interim moratorium to prevent development
applications from vesting under current law and thus subverting the purpose of the
proposed update to the policies and regulations for cannabis growing and processing
operations; and ,
WHEREAS, the Whatcom County Council is required by RCW 36.70A.390 to hold a
public hearing within sixty (60) days of passage of this ordinance;
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
NOW, THEREFORE, BE IT ORDAINED that the Whatcom County Council adopts
the above "WHEREAS" recitals as findings of fact in support of its action as required by RCW
36.70A.390.
BE IT FURTHER ORDAINED by the Whatcom County Council that an interim
moratorium is hereby imposed prohibiting the filing, acceptance, or processing of new
applications for conversion of land or water, new building or structure permits, or other
County permits or authorizations for recreational marijuana production and/or processing
facilities which are proposed to operate in any of the following: (1) open or cleared ground,
(2) a non -rigid greenhouse, (3) a greenhouse with rigid walls, a roof and doors, or (4)
similar type greenhouse structures. 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. For the purposes of this ordinance, a
minor tenant improvement permit may include new or replaced equipment or other
structural alterations that do not expand the area of the facility or change the use from
previous County approvals.
BE IT FURTHER ORDAINED that if a section, subsection, paragraph, sentence,
clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason by
any court of competent jurisdiction; such decision shall not affect the validity of the
remaining portions of this ordinance, and if the provisions of this ordinance are found to be
inconsistent with other provisions of the Whatcom County Code, this ordinance shall control.
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.
��®� JiIIIei111,J°!
`'® in' 0 N
�°� /���°
APP.f��C?�/E[? t1RP i ro�C , day of April , 2021.
ATE WHATCOM COUNTY COUNCIL
LL
WHATCOM COUNTY, WASHINGTON
Dana'Eirowr� D.` v'is lurk of the Council Barry Buchanan, Council Chair
APPROVED AS" TO FORM: WHATCOM COUNTY EXECUTIVE
WHATCOM COUNTY, WASHINGTON
Approved by Karen Frakes via email / LB
Civil Deputy Prosecutor
S-90��- QAO��_
Satpal Sidhu, tounty Executive
( ) Approved ( ) Denied
Date Signed: _ �7 c2/