HomeMy WebLinkAboutord2021-046strikeWhatcom County COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Agenda Bill Master Report
File Number: AB2021-403
File ID: AB2021-403 Version: 1 Status: Adopted
File Created: 07/06/2021 Entered by: DBrown@co.whatcom.wa.us
Department: Council Office File Type: Ordinance Requiring a Public Hearing
Assigned to: Council Final Action: 07/27/2021
Agenda Date: 07/27/2021 Enactment #: ORD 2021-046
Primary Contact Email: DBrown@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Ordinance adopting amendments to the Whatcom County Comprehensive Plan and Whatcom County
Code relating to the Cherry Point UGA fossil fuel facilities, renewable fuel facilities, piers, SEPA,
greenhouse gas emissions, and other matters
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
This ordinance will amend Whatcom County's development regulations, State Environmental Policy Act
(SEPA) provisions, permit review procedures, and Comprehensive Plan relating to fossil fuel
facilities, renewable fuel facilities, transshipment fuel facilities and other similar land use activities. The
proposal is intended to address the risks to public health, safety, and the environment associated with
fossil fuel facilities. The proposal is also intended to address the negative impacts on public safety,
transportation, the economy, and environment from crude oil, coal, liquefied petroleum gases, and
natural gas transshipments from the Cherry Point Industrial District.
HISTORY OF LEGISLATIVE FILE
Date: Acting Body: Action: Sent To:
07/13/2021 Council SUBSTITUTE INTRODUCED Council
FOR PUBLIC HEARING
Aye: 7 Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay: 0
Absent: 0
Whatcom County Page 1 Printed on 712912021
Agenda Bill Master Report Continued (AB2021-403)
07/27/2021 Council
HEARD PUBLIC Council
TESTIMONY AND HELD IN
COUNCIL
07/27/2021 Council
FORWARDED FOR Council
CONCURRENT REVIEW
Aye:
7
Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay:
0
Absent:
0
07/27/2021 Council
ADOPTED
Aye:
7
Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner
Nay:
0
Absent:
0
Attachments: Substitute (07/09) Proposed Ordinance for July 13 Introduction, Code and RCW Language Related
to Concurrent Review
Whafcom County
Page 2 Printed on 712912021
7-9-2021
PROPOSED BY: Council
INTRODUCTION DATE: July 13, 2021
ORDINANCE NO. 2021-046
ADOPTING AMENDMENTS TO THE WHATCOM COUNTY
COMPREHENSIVE PLAN AND WHATCOM COUNTY CODE RELATING TO
THE CHERRY POINT UGA, FOSSIL FUEL FACILITIES, RENEWABLE
FUEL FACILITIES, PIERS, SEPA, GREENHOUSE GAS EMISSIONS,
AND OTHER MATTERS
WHEREAS, The Whatcom County Planning Commission held a public hearing
and issued recommendations on the proposed amendments; and
WHEREAS, The County Council considered Planning Commission
recommendations;
WHEREAS, The County Council considered the Joint Stakeholder Group
recommendations, which were the result of a collaborative effort between industry,
environmental, and labor representatives;
WHEREAS, The County Council held a public hearing; and
WHEREAS, The County Council has considered multiple alternatives and has
reviewed and considered the State Environmental Policy Act (SEPA) review of
the alternatives and the SEPA Determination of Nonsignificance (and
Addendum) prepared by the County's SEPA Responsible Official; and
WHEREAS, The County Council hereby adopts the following findings of fact:
FINDINGS OF FACT
1. The Whatcom County Council approved Resolution 2019-037 on August 7,
2019, forwarding proposed Comprehensive Plan and code amendments to
the Planning Commission for review, The subject amendments primarily
relate to fossil fuel and renewable fuel facilities in the Cherry Point Area,
although some of the amendments apply to various land uses on a
countywide basis.
Page 1 of 22
2. The subject amendments include the following:
a. Amending Whatcom County Comprehensive Plan Chapter 2 (Land
Use).
b. Amending the State Environmental Policy Act (SEPA) code (WCC
16.08).
c. Amending the Light Impact Industrial District, Heavy Impact Industrial
District, Cherry Point Industrial District, Major Project Permits, and
Definitions chapters of the Whatcom County Zoning Code (Title 20).
d. Amending the Project Permit Procedures (WCC 22.05).
3. Notice was submitted to the Washington State Department of Commerce
on August 15, 2019.
4. The Whatcom County Planning Commission held a town hall meeting on
September 12, 2019.
5. The Whatcom County Planning Commission held work sessions on
September 26, 2019, October 10, 2019, October 24, 2019, November 14,
2019, December 12, 2019, January 16, 2020, January 30, 2020, February
27, 2020, June 25, 2020, and July 9, 2020.
6. A Determination of Nonsignificance (DNS) was issued under the State
Environmental Policy Act (SEPA) on July 28, 2020. A SEPA Determination
of Nonsignificance (DNS) Addendum was issued on July 1, 2021.
7. Notice of the Planning Commission hearing was sent to citizens, media,
cities, and others on the County's e-mail list on July 30, 2020.
8. Notice of the Planning Commission hearing was posted on the County
website on August 3, 2020.
9. Notice of the Planning Commission hearing for the subject amendments
was published in the Bellingham Herald on August 3, 2020.
10, The Planning Commission held a public hearing on the subject
amendments on August 13, 2020.
11. The County Council and the Planning Commission have studied and
considered multiple alternatives and various drafts for the amendments
which are contained in the record.
12. The County Council held a public hearing on the subject amendments.
Page 2 of 22
Comprehensive Plan Amendments
13. The Cherry Point UGA is approximately 7,030 acres. Whatcom County
Comprehensive Plan Chapter 2 contains a specific section with text, goals,
and policies relating to the Cherry Point UGA (other goals and policies in
the Comprehensive Plan also apply).
14. The subject amendments modify text and Policies 2CC-11, 2CC-16, 2CC-
17, and 2WW-4 in Whatcom County Comprehensive Plan Chapter 2. The
subject amendments also add new Policy 2CC-18 to the Comprehensive
Plan.
15. Whatcom County Comprehensive Plan Policy 2CC-11 already states that
"It is the policy of Whatcom County to limit the number of industrial piers
at Cherry Point to the existing three piers..." The subject amendments
modify Policy 2CC-11. These amendments include:
a. Recognizing that the vested rights/enforceable agreement for an
additional dock/pier no longer exist.
b. Recognizing the importance of preventing harm to habitat of the
Cherry Point Herring stock and Southern Resident Killer Whales.
c. Recognizing that implementation of the Shoreline Program is an
important way to preserve the natural character, result in long-term
benefits, and protect the resources and ecology of the shoreline.
d. Deleting language that is unnecessary or no longer needed.
16. The Washington State Department of Natural Resources has prepared the
Cherry Point Environmental Aquatic Reserve Management Plan which
identifies management objectives and habitat concerns regarding the state
waters adjacent to the Cherry Point UGA. And, by Commissioner's Order
dated January 3, 2017, has limited additional in -water development
including restricting lease areas to preclude the addition of new piers in the
Cherry Point Aquatic Reserve.
17. The Federal Government has enacted the "Magnuson Amendment" which
limits the transport of crude oils out of Puget Sound waters.
18. The United States Army Corps of Engineers (The Corps) has recognized the
regulatory importance of reserved tribal treaty fishing rights in federal
permitting decisions related to Puget Sound and in the areas adjacent to
Cherry Point. Reserved treaty fishing rights have been addressed both in
recent regulatory decisions by The Corps (Gateway Pacific Terminal) where
federal permits have been denied where there is more than a de minimis
Page 3 of 22
impact on tribal fishing rights and in federal court decisions regarding
Corps permitting such as Northwest Sea Farms v. US Army Corps of
Engineers, 931 F. Supp 1515 (W.D. Wash. 1996).
19. The subject amendments modify Whatcom County Comprehensive Plan
Policy 2CC-16. These amendments include:
Recognizing that the study and recommendations to address negative
impacts from fossil fuel facilities have been completed (see Reducing
Impacts from Fossil fuel Projects Report to the Whatcom County
Council, Cascadia Law Group, Feb. 12, 2018 and Whatcom County
Council Resolution 2019-037, August 7, 2019) and that alternatives
have been considered by the County and that extensive public
testimony and input has been received and considered.
b. Stating that the County will, through SEPA and permitting, seek to
limit negative impacts from fossil fuel facilities within the Cherry Point
UGA.
c. Refining the language relating to notice to the County Council of fossil
fuel projects.
d. Deleting language that is unnecessary or no longer needed.
20. The subject amendments modify Whatcom County Comprehensive Plan
Policy 2CC-17. These amendments include:
a. Recognizing that limited fossil fuel facility expansions are subject to
environmental review, greenhouse gas analysis, and Cherry Point
policies in the Comprehensive Plan.
b. Deleting language that is unnecessary.
21. The subject amendments modify Whatcom County Comprehensive Plan
Policy 2WW-4 by recognizing that existing marine port facilities and limited
expansions are allowed consistent with the State of Washington
Department of Natural Resources Cherry Point Aquatic Reserve
Management Plan.
22. The subject amendments add new Whatcom County Comprehensive Plan
Policy 2CC-18. This new policy recognizes that the following are allowed:
The on -going operation, maintenance, and repair of existing facilities,
modifications designed to comply with adoption and implementation of
new product standards and fuel standards, operational and site safety
improvements, environmental improvements, and regulatory compliance
projects.
Page 4 of 22
23. Pursuant to WCC 22.10.060(1), in order to approve comprehensive plan
amendments the County must find all of the following:
a. The amendment conforms to the requirements of the Growth
Management Act, is internally consistent with the county -wide
planning policies and is consistent with any interlocal planning
agreements.
b. Further studies made or accepted by the Department of Planning and
Development Services indicate changed conditions that show need for
the amendment.
c. The public interest will be served by approving the amendment. In
determining whether the public interest will be served, factors
including but not limited to the following shall be considered:
i. The anticipated effect upon the rate or distribution of population
growth, employment growth, development, and conversion of
land as envisioned in the comprehensive plan.
ii. The anticipated effect on the ability of the county and/or other
service providers, such as cities, schools, water and/or sewer
purveyors, fire districts, and others as applicable, to provide
adequate services and public facilities including transportation
facilities.
iii. Anticipated impact upon designated agricultural, forest and
mineral resource lands.
d. The amendment does not include or facilitate spot zoning.
Growth Management Act
24, The Growth Management Act (GMA) establishes planning goals in Revised
Code of Washington (RCW) 36.70A.020 to guide adoption of
comprehensive plan amendments.
25. 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."
Page 5 of 22
26. 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.
27. The subject Comprehensive Plan amendments, when viewed in the context
of the other Comprehensive Plan goals and policies, continue to encourage
development in the Cherry Point industrial area while also addressing
public safety and environmental protection. The amendments recognize
that the existing industries provide significant employment and have
shipped refined fossil fuel products for decades. The amendments also
recognize that existing operations of fossil fuel facilities, along with limited
expansions, are allowed as outright permitted uses with appropriate
environmental review and analysis. In addition, beyond certain thresholds,
the amendments provide for allowing expansions of existing fossil fuel
refineries with conditional use permit review and appropriate
environmental review and analysis.
28. 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."
29. 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."
30. The State Shoreline Management Act policies, which are incorporated as a
GMA goal pursuant to RCW 36.70A.480, indicate that:
... 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... (RCW 90.58.020)
Page 6 of 22
31. Fossil fuel refineries and transshipment facilities have potential for
accidents, which can release pollutants into the environment and impact
fish habitat, wildlife habitat, water quality, and air quality. The subject
amendments seek to limit negative impacts on public health, safety, and
the environment.
Countywide Planning Policies
32. Countywide Planning Policy E-3 states:
Cherry Point shall be designated as an unincorporated industrial urban
growth area in recognition of existing large scale industrial land uses.
Additional large scale development shall be encouraged consistent with
the ability to provide needed services and consistent with protecting
critical areas along with other environmental protection considerations.
The Cherry Point industrial area is an important and appropriate area
for industry due to its access to deep water shipping, rail, all-weather
roads, its location near the Canadian border, and its contribution to
the County's goal of providing family wage jobs.
33. Countywide Planning Policy I-2 indicates "New business development and
expansion of existing businesses are key factors in providing family wage'
jobs and a strong tax base. Economic development that pays family wage
rates should be encouraged..."
34. Countywide Planning Policy I-8 states:
Economic development should be encouraged that:
a. Does not adversely impact the environment;
b. Is consistent with community values stated in local
comprehensive plans;
c. Encourages development that provides jobs to county residents;
d. Addresses unemployment problems in the county and seeks
innovative techniques to attract different industries for a more
diversified economic base;
e. Promotes reinvestment in the local economy;
f. Supports retention and expansion of existing businesses.
35. Countywide Planning Policy N-2 states that "The Cities and the County in
cooperation with other municipal corporations and tribal governments shall
adopt zoning regulations and development standards to protect water
resources..."
36. Countywide Planning Policy N-3 states that "Jurisdictions shall cooperate to
protect and restore water resources and fish habitat within UGA's and
across jurisdictional boundaries to maintain quality of life and economic
health in Whatcom County."
Page 7 of 22
37. The Countywide Planning Policies recognize the significance of the Cherry
Point UGA for industry, transportation, and good jobs. The Countywide
Planning Policies also recognize the importance of environmental
protection.
38. The Comprehensive Plan, including the subject amendments, allows a
variety of industrial uses in the Cherry Point UGA, while encouraging
review processes that will facilitate a full evaluation of fossil fuel
development proposals and mitigation of negative impacts.
Interlocal Agreements
39. There are no interlocal agreements relating to the Cherry Point UGA.
Further Studies/Changed Conditions
40. The GMA, originally adopted in 1990, included a requirement to designate
Urban Growth Areas (UGAs).
41. The Cherry Point UGA was adopted in 1997 when the Whatcom County
Comprehensive Plan was adopted.
42. The Washington State Department of Natural Resources (DNR) originally
issued the Cherry Point Environmental Aquatic Reserve Management Plan
in November 2010, and amended the Plan in January 2017.
43. The primary focus of the Cherry Point Environmental Aquatic Reserve
Management Plan is to:
... protect, enhance and restore habitats used by Cherry Point herring
stock, salmon, migratory and resident birds, Dungeness crab,
groundfish rearing areas and marine mammals, as well as the protection
of submerged aquatic vegetation and water quality... (p. 4).
44, The Cherry Point Environmental Aquatic Reserve Management Plan states:
... the aquatic environment of Cherry Point: provides essential
habitat and irreplaceable biological and ecological functions; is a
portion of Treaty -protected usual and accustomed (U&A) grounds and
stations of local Native American Indians; and provides significant
economic benefits, recreational opportunities and other social values. .
. (pp. 4 and 5).
45. The Cherry Point Environmental Aquatic Reserve Management Plan
recognizes that:
A number of species and habitats addressed in this plan have
Page 8 of 22
experienced declines over the past 40 years, such as the Cherry Point
herring stock, which has shrunk from approximately 15,000 tons to
between 800 and 2,100 tons over the last ten years. Other key
species in decline include Puget Sound Chinook salmon, bull trout, and
certain species of rockfish, surf scoter, and Southern Resident orca
whales ... (pp. 1 and 2).
46. The Cherry Point Environmental Aquatic Reserve Management Plan
specifically excludes certain areas, including the three existing industrial
piers, from the Reserve (pp. 10 and 11).
47. The Cherry Point Environmental Aquatic Reserve Management Plan
constitutes a further study that indicates a need for the subject
amendments and the Washington Department of Natural Resources has
taken action to further restrict leasing and development of additional piers
in the Aquatic Reserve through a Commissioner's Order dated January 3,
2017,
48. According to the Washington State Department of Ecology website:
... on December 22, 2020 a BNSF train derailed at mile post 111.7
near Custer, WA. Ten rail cars derailed with several overturning,
spilling Bakken crude oil. Three of those cars leaked oil and caught
fire... An estimated 28,962 gallons of oil were lost in the incident.
Much of that amount burned up, evaporated or was recovered
afterward, leaving 5,400 to 8,000 gallons unrecovered.. .
49. Other areas of the U.S. and Canada have experienced community impacts
and environmental degradation associated with fossil fuel industry
accidents since the adoption of the Cherry Point UGA in 1997. Protecting
public safety is a core element of the police power and the County
recognizes that it is a fundamental responsibility of local government to
establish and enforce laws protecting the welfare, safety and health of the
public as allowed under the Tenth Amendment of the US Constitution.
50. Since the 1997 establishment of the Cherry Point UGA, one of the changed
conditions considered by the County is the increased knowledge of the
impacts of climate change, including reduced snowpack, the potential
impacts of sea level rise, the potential for increased and more intense
storm activity and resultant flooding and potential impacts on public
infrastructure and the impacts of increased temperatures on public health
and safety and flooding. These climate impacts have been summarized in
a variety of reports prepared by the University of Washington's Climate
Impacts Group which are part of the record for this decision. The
ordinance requires evaluation and consideration of the greenhouse gas
impacts of new industrial development on climate change and addresses
the need for mitigation of those impacts at the federal, state and/or local
level.
Page 9 of 22
Public Interest
51. The Cherry Point area contains valuable fish and wildlife habitat (Cherry
Point Environmental Aquatic Reserve Management Plan, DNR, amended
2017).
52. The Cherry Point UGA is a unique location, with important attributes, for
industry (Whatcom County Comprehensive Plan, pp. 2-54 to 2-56).
Existing industries provide high wage jobs and a substantial tax base
(Employment at Cherry Point, Hodges, Rucker, and McCafferty, 2019).
53. The Cherry Point UGA text, goals and policies in the Whatcom County
Comprehensive Plan, including the subject amendments, recognize the
value of existing industrial uses and the importance of marine waters, fish
and wildlife habitat, air quality and a healthy climate.
54. The subject comprehensive plan amendments should not adversely affect
the overall rate or distribution of population growth, employment growth,
development, and conversion of land as envisioned in the comprehensive
plan. The Whatcom County Comprehensive Plan allocated an additional
890 jobs for the Cherry Point UGA for the 2013-2036 planning period. The
Employment at Cherry Point report from 2014 estimated that there were
2,100 — 2,200 jobs in the Cherry Point industrial area at that time (p. 3).
The Employment at Cherry Point report from 2019 estimates 3,318 jobs
and indicates that, between 2014-2019, "... roughly 1,100 jobs have
been added ..." (pp. 6 and 14). However, most of the 700 jobs at Alcoa
Intalco Works, along with related jobs, were lost with the shutdown of the
aluminum smelter. Growth projections will be updated in the next periodic
update of the Comprehensive Plan (due by June 2025). These updated
projections will take into account conditions at that time and expectations
for the future.
55. The subject comprehensive plan amendments should not adversely affect
ability of the county and/or other service providers, such as cities, schools,
water and/or sewer purveyors, fire districts, and others as applicable, to
provide adequate services and public facilities including transportation
facilities. The subject amendments do not expand the allowed uses that
would be served by Fire District 7, which encompasses the Cherry Point
UGA. Additionally, new residential uses are not allowed in the Cherry
Point industrial area and, therefore, new students will not be generated by
development in this area.
56. The closest designated Agricultural lands are over .80 of a mile to the
southeast, the closest Mineral Resource designation is approximately .06
of a mile to the east, and the closest designated Forestry lands are over 4
miles to the southeast of the Cherry Point UGA. There is no evidence in
Page 10 of 22
the record that the subject comprehensive plan amendments would
adversely impact designated agricultural, forestry, or mineral resource
lands.
57. The Cherry Point UGA goals and policies, including subject amendments,
allow industrial uses in the Cherry Point UGA that provide family wage jobs
and contribute to the tax base of the County and special purpose districts.
The subject amendments allow existing fossil fuel facilities, along with
certain improvements, as outright permitted uses subject to certain
thresholds. Fossil fuel facility expansions are allowed by conditional use
permit where newly established thresholds are exceeded while requiring
appropriate environmental analysis and addressing impacts to public
safety and the environment. Such planning is in the public interest.
Spot Zoning
58. 'Illegal spot zoning" means a zoning action by which a smaller area is
singled out of a larger area or district and specially zoned for a use
classification totally different from, and inconsistent with, the classification
of surrounding land and not in accordance with the Comprehensive Plan.
Spot zoning is zoning for private gain designed to favor or benefit a
particular individual or group and not the welfare of the community as a
whole (WCC 20.97.186).
59. The subject proposal does not involve nor facilitate illegal spot zoning.
Development Regulation Amendments
60. The subject amendments modify text of the Whatcom County SEPA rules
(WCC 16.08), the Zoning Code (WCC 20), and Project Permit Procedures
(WCC 22.05)
61. Pursuant to WCC 22.10.060(2), in order to approve development
regulation amendments the County must find that the amendments are
consistent with the Whatcom County Comprehensive Plan.
SEPA Code Amendments
62. Whatcom County Comprehensive Plan Policy 1OA-6 states "Aim to meet or
exceed national, state, and regional air quality standards. Work with the
Northwest Clean Air Agency to ensure compliance with applicable air
quality standards."
63. Whatcom County Comprehensive Plan Policy 1OA-9 is to "Cooperate with
state and federal agencies and neighboring jurisdictions to identify and
protect threatened and endangered fish and wildlife species and their
habitats."
Page 11 of 22
64. Whatcom County Comprehensive Plan Goal 10D is to "Strengthen the
sustainability of Whatcom County's economy, natural environment, and
built communities by responding and adapting to the impacts of climate
change."
65. Whatcom County Comprehensive Plan Goal 10L is to "Protect and enhance
ecosystems that support native fish and wildlife populations and habitat."
66. The Washington State Department of Ecology adopted a "Clean Air Rule,"
which included greenhouse gas emission limits, in 2016 (Washington
Administrative Code or WAC 173-442). The Clean Air Rule was developed
under the authority granted in RCW 70.94 (Washington Clean Air Act) and
RCW 70.235 (Limiting Greenhouse Gas Emissions). The Clean Air Rule was
challenged and the Thurston County Superior Court issued a ruling in
March 2018 that prevented Ecology from implementing the Clean Air Rule
regulations. However, the Washington Supreme Court reversed the
Superior Court in part on January 16, 2020, upholding the Clean Air rule
as it relates to regulating stationary sources (Case No. 95885-8).
67. A Directive of the Governor (# 19-18), dated December 19, 2019, states:
I hereby direct the Department of Ecology to adopt rules by
September 1, 2021, to strengthen and standardize the consideration of
climate change risks, vulnerability, and impacts in environmental
assessments for major projects with significant environmental impacts.
The rules should be uniform and apply to all branches of government,
including state agencies, political subdivisions, public and municipal
corporations and counties. The rules should cover major industrial
projects and major fossil fuel projects; and establish uniform methods,
processes, procedures, protocols or criteria that ensure a
comprehensive assessment and quantification of direct and indirect
greenhouse gas emissions resulting from the project.
Rules for cumulative environmental assessments and reporting should
include ... Methods, procedures, protocols, criteria or standards for
mitigation of greenhouse gas emissions, as necessary to achieve a
goal of no net increase in greenhouse gas emissions ...
68. The Washington State Department of Ecology sent an e-mail "Notice of
Rulemaking for Proposed New Chapter 173-445 WAC — Greenhouse Gas
Assessment for Projects Rulemaking" on May 1, 2020. An associated
document entitled "Prenro osal Statement of Inquiry_" on Ecology's website
stated:
The Department of Ecology (Ecology) is beginning rulemaking as per
Page 12 of 22
the Directive of the Governor #19-18. The purpose of this rulemaking
is to create a new rule under Chapter 173-445 WAC Greenhouse Gas
Assessment for Projects (GAP Rule). This rule will address analysis and
mitigation of greenhouse gas emissions for environmental
assessments of industrial and fossil fuel projects.
It is anticipated that the GAP Rule will be adopted by the Department of
Ecology and will prescribe the methodologies for analyzing the lifecycle
greenhouse gas impacts of large facilities under the State Environmental
Policy Act. It is also anticipated that the GAP Rule will take into account
the provisions of SB 5126 and possibly, the impacts of HB 1091 pertaining
to reducing carbon intensity of transportation fuels. The provisions of SB
5126 and HB 1091 are described in paragraph 68 below. The GAP Rule
provisions will be incorporated into a new rule, WAC 173-445, contained in
the Washington Administrative Code and will apply statewide to all
jurisdictions, including Whatcom County. According to the Governor's
directive, the new rule is to "strengthen and standardize the consideration
of climate change risks, vulnerability, and impacts in environmental
assessments for major projects...". The Governor has modified the original
directive to extend the expected completion date for the rule to December
31, 2021.
69. On April 25, 2021, the Washington State Legislature adopted SB 5126, the
Climate Commitment Act. This legislation, at Sections 8 and 9, establishes
a cap and invest system to regulate greenhouse gas emissions from
industrial sources producing over 25,000 metric tons per year of emissions
and will apply to several of the existing industrial sources in the Cherry
Point UGA as "covered entities". The legislation provides for rulemaking by
the Department of Ecology to implement the provisions of the bill. The
legislation is to take effect on January 1, 2023. The legislation requires
that a cap and invest system be designed to reduce greenhouse gas
emissions from covered entities in a manner that will meet the greenhouse
gas emission limits established by the Legislature, which are: a 95%
reduction below 1990 levels by 2050, with interim economy -wide
emissions limits of 45% below 1990 levels by 2030 and 70% below 1990
levels by 2040 with the state achieving net zero emissions by 2050. The
legislation, in Section 10, contains amendments to the State
Environmental Policy Act, RCW 43.21C. The amendments preempt cities
and counties from implementing a charge or tax based exclusively on the
quantity of greenhouse gas emissions for a stationary source, preclude
denial of a permit for new or expanded facilities with emissions covered by
the legislation and also preempt the Department of Ecology's Clean Air
Rule. The legislation, at Section 10 (9)(e), contains the following language
regarding mitigation of greenhouse gas emissions from facilities covered
by the legislation: "A lead agency under chapter 43.21C RCW or a
permitting agency shall allow a new or expanded facility that is a covered
entity or opt -in entity to satisfy a mitigation requirement for its covered
emissions under this act and under any greenhouse gas mitigation
Page 13 of 22
requirements for covered emissions under chapter 43.21C RCW by
submitting to the department the number of compliance instruments
equivalent to its covered emissions during a compliance period." The
legislation also provides that entities responsible for greenhouse gas
emissions below the thresholds for "covered entities" may register as an
ANopt-in entity" or may register as a "general market participant" and
reduce the entity's greenhouse gas emissions through the cap and invest
program.
70. In the 2021 session, the Legislature also adopted HB 1091, the Clean Fuel
Standard. This legislation prescribes reductions in the carbon intensity of
transportation fuels beginning January 1, 2023. The legislation addresses
the downstream emissions of transportation fuels and would ultimately
result in a 20 percent reduction in the carbon intensity of transportation
fuels supplied for certain transportation uses by 2037 and could be
extended beyond that date to provide further reductions. The GAP Rule
may incorporate discussion of how this downstream emission reduction
should be considered in analyzing and mitigating the greenhouse gas
impacts of fuels produced by refineries.
71. The Washington State Legislature passed the Clean Energy Transformation
Act (CETA) in the 2019 legislative session. CETA commits the State of
Washington to an electricity supply free of greenhouse gas emissions by
2045. CETA will address indirect emissions for electricity supplied to
facilities by utilities. The GAP Rule may address how these indirect
emissions should be treated in environmental reviews for major facilities
where lifecycle greenhouse gas analysis will be required and the County
will be required to follow the provisions of the GAP Rule when it is
finalized.
72. The subject amendments modify the County's SEPA rules to require
applicants for certain fossil fuel and renewable fuel projects to submit
additional information on a number of topics including greenhouse gas and
other emissions, tanker and barge traffic, stormwater, wastewater, and
risk of spills and explosions. These provisions are intended to provide the
SEPA Responsible Official with more information in order to make reasoned
decisions on threshold determinations and possible mitigation of impacts.
These provisions are consistent with the SEPA Rules established in Chapter
197-11 of the Washington Administrative Code.
73. The subject amendments include provisions on SEPA's relationship to
federal, state, and regional regulations (see WAC 197-11-158(4)). It is
anticipated that these provisions will harmonize with the GAP Rule and the
provisions of state legislation such as SB 5126 and HB 1091, if and when
they become effective.
74. The subject amendments modify the County's SEPA rules by adding
provisions relating to air quality & climate and plants & animals. These
Page 14 of 22
topics are specifically listed as "elements of the environment" under the
State SEPA Rules (WAC 197-11-444).
75. The subject amendments include provisions that the decision maker may
condition or deny projects (conditioning includes mitigating measures).
This authority is already granted under RCW 43.21C.060, which states ".
. Any governmental action may be conditioned or denied pursuant to this
chapter..." (the State Environmental Policy Act). These provisions may
need to be further harmonized with the GAP Rule and/or the provisions of
SB 5126 if and when the GAP Rule and the legislation become effective.
76. While State government is taking action to address air quality and
greenhouse gas emissions, the County finds that the subject amendments
will also provide assistance at the local government level in fulfilling
responsibilities under SEPA. The provisions also allow reliance on SEPA
analysis and mitigation by state, regional of federal entities under certain
circumstances.
Zoning Code Amendments
77. The Cherry Point UGA is zoned Light Impact Industrial (LII) and Heavy
Impact Industrial (HII). There are approximately 470 acres in the LII zone
and 6,560 acres in the HII zone.
78. The subject amendments modify the LII zone, HII zone, Cherry Point
Industrial District, Major Project Permits, and Definitions sections of the
Whatcom County Zoning Code (Title 20).
79. Whatcom County Comprehensive Plan Goal 2H is to "Preserve private
property rights while recognizing the importance of the rights of the
community, including protecting the natural environment and conserving
resources."
80. Whatcom County Comprehensive Plan Goal 7A is to "Promote a healthy
economy providing ample opportunity for family -wage jobs for diverse
segments of the community, which is essential to the quality of life in the
area."
81. Whatcom County Comprehensive Plan Policy 7A-2 is to "Foster a diverse,
private -sector job base, which will provide family -wage jobs at the state
median income level or greater, and facilitate the retention and expansion
of existing businesses."
82. Whatcom County Comprehensive Plan Policy 7J-1 is to "Support creation
of job opportunities for local residents, especially family wage jobs to
decrease unemployment and underemployment.
Page 15 of 22
83. The Zoning Code, as modified by the subject amendments, preserves
private property rights and fosters economic development by continuing to
allow a wide array of industrial land uses in the Cherry Point UGA. In the
LII zone, allowed uses include manufacturing (except new fossil fuel
refineries), fabrication, printing, storage, boat building and repair,
communications, and other similar uses. In the HII zone, allowed uses
include manufacturing (except new fossil fuel refineries), fabrication,
printing, storage, boat building and repair, power plants (except coal-fired
plants), and solid waste handling facilities.
84. Additionally, the HII zone amendments allow continued operation,
maintenance, and certain improvements to existing refineries and
transshipment facilities (WCC 20.68.068).
85. Whatcom County Comprehensive Plan Goal 2G is to "Encourage citizen
participation in the decision making process." Policy 2G-1 is to "Examine
and improve methods to notify affected property owners of proposed land
use changes."
86. The subject Zoning Code amendments provide greater public review of
certain land uses that could impact public safety, transportation, and the
environment. Specifically, the expansion of existing fossil fuel refineries
and existing fossil fuel transshipment facilities beyond specified thresholds
requires a conditional use permit in the HII zone (WCC 20.68.153 and
WCC 20.68.154). The conditional use permit process requires notice, a
public hearing, evaluation of the proposal for compliance with the approval
criteria, and a decision by the hearing examiner. Existing operations,
certain specified accessory uses (WCC 20.68.068) and expansions below
the specified thresholds remain outright permitted uses under the
amendments. New renewable fuel refineries which reduce lifecycle
greenhouse gas emissions are permitted uses under the amendments.
87. Whatcom County Comprehensive Plan Policy 2CC-16 was adopted in 2017
(Ordinance 2017-027). This Policy, which is being modified by the subject
amendments, stated:
The County shall undertake a study to be completed if possible by
December of 2017 to examine existing County laws, including those
related to public health, safety, development, building, zoning,
permitting, electrical, nuisance, and fire codes, and develop
recommendations for legal ways the County may choose to limit the
negative impacts on public safety, transportation, the economy, and
environment from crude oil, coal, liquefied petroleum gases, and
natural gas exports from the Cherry Point UGA ... Based on the
above study, develop proposed Comprehensive Plan amendments and
associated code and rule amendments...
Page 16 of 22
88. The subject amendments prohibit entirely new fossil fuel refineries and
new fossil fuel transshipment facilities (WCC 20.66.204, 20.68.204 and
.205). Potential impacts from new refineries and associated
transshipment facilities may include: Increased pollutant emissions to the
air, increased chance of crude oil or refined product spills, increased
chance of fire or explosion, increased rail traffic that can impact other
modes of transportation (e.g. hold up motor vehicle, school bus, or
emergency vehicle traffic at railroad crossings), increased chance of
derailment, and increased vessel traffic.
89. The Whatcom County Comprehensive Plan states "Whatcom County lies
within the influence of the convergent plate margin between the Pacific
and North American Plate termed the Cascadia Subduction Zone.
Regionally -extensive and damaging earthquakes, termed mega -thrusts,
are possible when stress generated between the subducting Pacific Plate
and over-riding North American Plate is released..." (Chapter 10, p. 10-
12). Because new refineries and transshipment facilities would transport
and process flammable and toxic materials there is heighted concern,
based upon the geology of the region, that these facilities could increase
risk to both public safety and the environment.
90. There are currently five oil refineries in Washington State. Two are in
Whatcom County, two are in Skagit County, and one in Pierce County.
Whatcom County has approximately 3% of the State's population, but
40% of the State's refineries. The County has accepted its fair share of
such facilities in the state and region and wants to limit the local impacts
on the community and environment of further concentration of such
facilities.
91. The subject amendments prohibit new coal fired power plants in the HII
zone (WCC 20.68,207).
92. According to the National Institute of Health's National Library of Medicine
website in 2020:
... Air pollution from coal-fired power plants cause serious risk to
human health. Coal-fired power plants emit 84 of the 187 hazardous
air pollutants identified by the U.S. Environmental Protection Agency.
These pollutants may cause cancer, according to the National
Toxicology Program.
Hazardous air pollution released by coal-fired power plants can cause a
wide range of health effects, including heart and lung diseases.
Exposure to coal power plant pollution can damage the brain, eyes,
skin, and breathing passages. It can affect the kidneys, lungs, and
nervous and respiratory systems. Exposure can also affect learning,
memory, and behavior.
Page 17 of 22
... Coal-fired power plants are the biggest industrial sources of
mercury and arsenic in the air. Mercury pollutes lakes, streams, and
rivers, and builds up in fish. People who eat large amounts of fish from
contaminated lakes and rivers are at the greatest risk of exposure to
mercury.
... People who work at or live near coal-fired power plants have the
greatest health risks from coal pollution.. .
93. The subject amendments continue to allow other types of power plants in
the HII zone, but would prohibit coal-fired power plants because of the
risks to the local community, public health, and environment.
94. Whatcom County Comprehensive Plan Policy 1OD-10 is to "Create updates
to Whatcom County land use policies and development regulations to
support renewable energy development goals."
95. The subject amendments allow renewable fuel refineries as a permitted
use in the HII zone (WCC 20.68.070 and .071).
96. The Whatcom County Comprehensive Plan states that "... Cherry Point is
also important historically and culturally to the Coast Salish people, and
part of the usual and accustomed fishing area for five treaty tribes,
reserved under the Treaty of Point Elliot of 1855..." (Chapter 2, p. 2-54).
Comprehensive Plan Policy 2CC-11 states:
It is the policy of Whatcom County to limit the number of industrial
piers at Cherry Point to the existing three piers, taking into account
the need to ... Recognize federal actions upholding treaty rights. .
97. The United States Department of the Army, Corps of Engineers denied a
permit for a new pier under Section 10 of the Rivers and Harbors Act on
May 9, 2016 because "... the proposed project would violate the Lummi
Indian Nation's tribal Treaty Rights to access and utilize usual and
accustomed fishing areas..."
98. The subject Zoning Code amendments implement the Comprehensive Plan
by prohibiting new piers, docks, and wharves in the HII zone (WCC
20.68.206 and WCC 20,74.055). The Zoning Code amendments will also
provide consistency with the Cherry Point Aquatic Reserve Management
Plan and the order of the Commissioner regarding further aquatic leasing
for piers, docks and wharves.
Project Permit Procedure Amendments
99. Whatcom County Comprehensive Plan Goal 2D is to "Refine the regulatory
system to ensure accomplishment of desired land use goals in a fair and
equitable manner."
Page 18 of 22
100. Whatcom County Comprehensive Plan Policy 7G-1 is to "Recognize the
natural environment as a major asset and manage environmental
resources accordingly. We need both economic prosperity and
environmental sustainability."
101. Whatcom County Comprehensive Plan Policy 10A-2 is to:
Protect the environment through a comprehensive program that
includes voluntary activity, education, incentives, regulation,
enforcement, restoration, monitoring, acquisition, mitigation, and
intergovernmental coordination.
102. RCW 88.40 is entitled "Transport of Petroleum Products — Financial
Responsibility." This State law, at RCW 88.40.005, indicates:
The legislature recognizes that oil and hazardous substance spills and
other forms of incremental pollution present serious danger to the
fragile marine environment of Washington state. It is the intent and
purpose of this chapter to define and prescribe financial responsibility
requirements for vessels that transport petroleum products as cargo or
as fuel across the waters of the state of Washington and for facilities
that store, handle, or transfer oil or hazardous substances in bulk on
or near the navigable waters.
103. This State law requires a tank vessel that carries oil as cargo in bulk to
demonstrate financial responsibility to "... meet state and federal
financial liability requirements for the actual costs for removal of oil spills,
for natural resource damages, and for necessary expenses" (RCW
88.40,020).
104. WAC 480-62 is entitled "Railroad Companies — Operations." This State
code, at WAC 480-62-300(2), requires any railroad company that
transports crude oil in Washington to submit to the Washington Utilities
and Transportation Commission a statement that contains:
(a) All insurance carried by the railroad company that covers any
losses resulting from a reasonable worst case spill.
(b) Coverage amounts, limitations, and other conditions of the
insurance.
(c) Average and largest crude oil train, as measured in barrels,
operated in Washington by the railroad company in the previous
calendar year.
(d) Information sufficient to demonstrate the railroad company's
ability to pay the costs to clean up a reasonable worst case spill
Page 19 of 22
of oil including, but not necessarily limited to, insurance, reserve
accounts, letters of credit, or other financial instruments or
resources on which the company can rely to pay all such costs.
105. The State Legislature adopted Engrossed Substitute House Bill (ESHB)
1578 in 2019. This bill amended the "Vessel Oil Spill Prevention and
Response" law (RCW 88.46), the "Oil and Hazardous Substance Spill
Prevention and Response" law (RCW 90.56), and other provisions of state
law.
106. ESHB 1578 states:
The legislature finds that a variety of existing policies designed to
reduce the risk of oil spills have helped contribute to a relatively strong
safety record for oil moved by water, pipeline, and train in recent
years in Washington state. Nevertheless, gaps exist in our safety
regimen, especially deriving from shifts in the modes of overwater
transportation of oil and the increased transport of oils that may
submerge or sink, contributing to an unacceptable threat to
Washington waters, where a catastrophic spill would inflict potentially
irreversible damage on the endangered southern resident killer
whales. ..Therefore, it is the intent of the legislature to enact certain
new safety requirements designed to reduce the current, acute risk
from existing infrastructure and activities of an oil spill that could
eradicate our whales, violate the treaty interests and fishing rights of
potentially affected federally recognized Indian tribes, damage
commercial fishing prospects, undercut many aspects of the economy
that depend on the Salish Sea, and otherwise harm the health and
well-being of Washington residents... (Section 1).
107. Tug escorts have been required for larger loaded oil tankers for years.
ESHB 1578 amended state law to require certain smaller oil tankers to be
under the escort of tugs, require the Department of Ecology to develop
and maintain a model to assess current and potential future risks of oil
spills from vessels in Washington waters, and modify reporting
requirements for railroad cars and pipelines that transport crude oil within
the state.
108. While the Washington State legislature has enacted laws relating to the
transportation and handling of fossil fuels, there have been a number of
accidents involving fossil fuel refineries and transportation of fossil fuels in
North America over the years. These accidents, involving flammable
and/or toxic materials, have impacted local communities and the
environment. On July 5, 2013, an oil train derailment, explosion and fire in
Lac Magentic, Quebec resulted in the deaths of 47 people. On December
22, 2020, a train derailment and fire occurred at Custer in Whatcom
County. The Custer derailment and fire resulted in the loss of 29,000
gallons of crude oil and required an evacuation and extensive emergency
Page 20 of 22
response. On June 10, 1999 an Olympic Pipe Line Company pipeline
ruptured and spilled over 236,000 gallons of gasoline into Hanna and
Whatcom Creeks resulting in the deaths of 3 young people.
109. Overall, the subject amendments seek to minimize or avoid additional risk
to the local community and environment from fossil fuel facilities. The
amendments are intended to heighten the level of review or, in certain
cases, prohibit uses in order to protect public health, safety & welfare,
fisheries industries, fish & wildlife habitat, and the environment.
110. However, in case of accidents, the subject amendments include proof of
insurance requirements (WCC 22.05.125), as it is a matter of fairness that
responsible parties mitigate the consequences of any accidents.
County Charter and GMA Takings Provisions
111. Whatcom County Charter Section 1.11 states, 'The rights of the individual
citizen shall be guaranteed under the Constitutions of the United States
and the State of Washington. No regulation or ordinance shall be drafted
and adopted without consideration of and provisions for compensation to
those unduly burdened."
112. GMA Planning Goal 6, relating to property rights, states "Private property
shall not be taken for public use without just compensation having been
made. The property rights of landowners shall be protected from arbitrary
and discriminatory actions" (RCW 36.70A.020(6)).
113. The Whatcom County Prosecuting Attorney's Office has rendered an
opinion that the subject Comprehensive Plan and code amendments do not
unduly burden property owners and do not take private property for public
use.
CONCLUSIONS
1. The subject Whatcom County Comprehensive Plan amendments are
consistent with the approval criteria in WCC 22.10.060(1).
2. The subject development regulation amendments are consistent with the
approval criteria in WCC 22.10.060(2).
Page 21 of 22
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. Amendments to the Whatcom County Comprehensive Plan are
hereby adopted as shown on Exhibit A.
Section 2. Amendments to Whatcom County Code 16.08 (State Environmental
Policy Act) are hereby adopted as shown on Exhibit B.
Section 3. Amendments to Whatcom County Code Title 20 (Zoning) are hereby
adopted as shown on Exhibit C.
Section 4. Amendments to Whatcom County Code 22.05 (Project Permit
Procedures) are hereby adopted as shown on Exhibit D.
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 27th day of July
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
®®��y4�tatttsat�Ba®
ATTES�w�`
6;
Dana BNw�F`I vi ., _ 'uhcil Clerk
APPROVED as't 1ft rm:
/s/ Karen Frakes
Civil Deputy Prosecutor
2021.
Vychanan,
Chairperson
( ) Approved ( ) Denied
S� �;d�
Satpal Sidhu, Executive
Date
Page 22 of 22
I d1d, / I
-
th(1-EftiICOM CTtiUNF1'y COUNCIL
DRAFT (1'OAPsPRF 1rNS1VE= PF/s,€'•3 AMCr:NDIVIE.F4V1S (JUKE % , 2091)
s
Comprehensive Plan(Chapter
3 Major Industrial Urban Growth Area / Port Industrial
4 Cherry Point — Text
5 Change Second Paragraph of Cherry Point Text
6 Because of the special characteristics of Cherry Point, including deep water port access, rail access, and
7 proximity to Canada, this area has regional significance for the siting of large industrial or related
8 facilities. General Petroleum constructed the Ferndale Refinery in 1954, Alumax/Pechiney/Howmet
9 constructed the Aluminum Smelter in 1966, and the Atlantic Richfield Company constructed the Cherry
10 Point Refinery in 1 971 . The existing industries in the Cherry Point UGA which provide significant
11 employment, have produced and shipped refined fossil fuels and other products for decades.
12
13 Amend Policy 2CC-1 1
14 Policy 2CC-1 1 : It is the policy of Whatcom County to limit the number of industrial piers at Cherry Point
15 to the existing three piers, taking into account the need to:
16
17 Act conservatively in land use matters at Cherry Point to prevent further harm to habitat important to the
18 Cherry Point Herring stock and Southern Resident Killer Whales;
19 ® l)-pdc+te-the Optimally implement the Whatcom County Shoreline Master Program to
20 pe� fulfill the Shoreline Management Act's shorelines of statewide significance policy to preserve
21 natural character, result in long-term over short-term benefit and protect the resources and ecology, of
22 the shoreline;
23 ® Encourage the continued agency use of best available science;
24 ® Support and remain consistent with the state Department of Natural Resources' withdrawal of Cherry
25 Point tidelands and bedlands from the general leasing program and the species recovery goals of the
26 Cherry Point Aquatic Reserve designation and Management Plan;
27 ® Recognize federal actions upholding treaty rights;
28 ® Protect traditional commercial and tribal fishing; and
29 • Prevent conflicts with vessel shipment operations of existing refineries that could lead to catastrophic oil
30 or fuel spills.
31 Amend Policy 2CC-16
32 2CC-1 6: The County will through its adopted SEPA policies and applicable permitting_ processes 5h-e#
33
34 build ,
35 seek to
36 limit the negative impacts on public safety, transportation, the economy, and environment from new fossil
37 fuel facilities including new or expanded crude oil, coal, liquefied petroleum gases, and natural gas
38
expeos-f-r-em facilities within the Cherry Point UGA ebb,�i "%arch-1, Zo 7.
39
40
41 le preyleie cleCIF g- — ,,,.....,,.,,,, I yw...y.,, ,
43 undeF Seetien 20.88.130#y �
44
45 stekeheldeF'
46 '
47 .p}e flieRf�-The County
48 •
49 Administration should provide the County Council written notice of all known preapplication
50 correspondence or permit application submittals and notices, federal, state, or local that involve activity
51 with the potential to expand "Fossil Fuel Refinery Renewable
52 Fuel Refinery Fossil Fuel Transshipment Facility, or Renewable Fuel Transshipment Facility," as defined in
53 the Whatcom County Code (Chanter 20.971.
54
55 Amend Policy 2CC-17
56 Allow existing operations or maintenance of existing fossil -fuel
57 related facilities operating as of limited
58 expansions subject to environmental review, greenhouse aas emission analysis and conformance
59 with Policies 2CC-3 and -1 1.
60
61 Add a new policy as follows:
62 Policy 2CC 18• This chapter is intended to allow the on -going operation maintenance, and
63 repair of existing facilities modifications designed to comply with
64 adoption and implementation of new product standards and fuel
65 standards operational and site safety improvements environmental
66 improvements, and regulator compliance projects.
67
68 Essential Public Facilities
69 Amend Policy 2WW-4
70 Policy 2WW-4: State and regional highways in unincorporated Whatcom County that have been
71 designated as essential state or regional transportation facilities are 1-5, State Route 539 (the Guide
72 Meridian), State Route 546/9 (Badger from the Guide to Sumas), and State Route 20 to eastern
73 Washington. Other transportation facilities in unincorporated Whatcom County that have been
74 designated as essential public facilities are Amtrak Cascades passenger rail service, the Burlington
75 Northern Santa Fe railroad tracks, and the Cherry Point marine port facilities. Such facilities in the City of
76 Bellingham include Fairhaven Station (intercity passenger rail terminal), Bellingham Cruise Terminal
77 (Alaska Ferry), and the Port of Bellingham (marine port). Additionally, State Route 543 (the truck route at
78 the Blaine border) is an essential public facility located within the city limits of Blaine.
79 Widening of existing state highways or railroad tracks (including construction of sidings) and siting new
80 state highways or railroad tracks should be planned in the Washington Highway System Plan, Amtrak
81 Cascades Plan and the Freight Rail Plan. The state will invite the Regional Transportation Planning
82 Organization and the County to participate in planning studies, review design plans, and provide
83 comments when siting new or expanded state highways or railroad tracks.
84 Highways and railroad tracks that qualify as essential public facilities should be sited in accordance with
85 all of the following principles. These facilities should be located:
86 • In a manner that minimizes or mitigates noise impacts to surrounding residential areas.
87 • Outside of the Lake Whatcom Watershed, unless there are no viable alternatives.
88 • In a manner that allows continued fish passage beyond the road or railroad tracks or restores blocked
89 passage.
90 - In a manner that avoids or mitigates wetland impacts.
91 ® In a manner that minimizes impacts of additional impervious surfaces by treating stormwater runoff.
92 • In a manner that encourages a vibrant economy by facilitating the efficient movement of people and
93 freight.
94 ® In a manner that accommodates pedestrians, bicycles, and transit.
95 Major passenger intermodal terminals should be located in General Commercial, Airport Operations,
96 Urban Residential -Medium Density or industrial zones.
97 Freight railroad switching yards and terminals should be located in industrial zones.
98 Marine port facilities should be located within the Heavy Impact Industrial zone of the Cherry Point
99 Major/Port Industrial Urban Growth Area. Allow existing facilities and limited expansions consistent with
100 the State of Washington Department of Natural Resource Cherry Point Aquatic Reserve Management
101 Plan.
3
L1fliATC:C. 1M C 0 t1NTY CGt+[,,'CIL
DRAFT CODE AfVtkN17Pv1ENTS (JUNE 29, 2021) — Vkfiffi Subsa=queni Legal Counsel Ct ang s in 1'ellovv
Exhibip, B
2
3
4 CHAPTER 16.08 STATE ENVIRONMENTAL_ POLICY ACT (SEPA)
5 16.08.090. Environmental checklist
6 F. t:vali.tation/\V'orkshect for Fossil and RencNvable Fuel Facilities: Air and clivironmcntal health are clemenls oi'the
7 ciniroalm,c,nt_i.n \\ AC;.._117 11-4�14 an suI) ects._adotessed in WAC� 197,-,11-c160,_,1anviion,nicnt;ll„C hccl.list is.hrt�� d,�d. ill
.- c
.......
8 \VAC 197-1 t -906(1 Z(c). AVhatcom County herchv adds a procedure and criteria to lieli icicmii'v the affected environment.
9 immct5. nd...1)otcnti a.l._mitia"Ition rcgT riling air quality and climate and risks tiomSpills.._and and/or e.aplosi.o.i s 1 of ally proposed.
10 cx�nsion ol'facilitics musuant to and in accordance with WCC 20.68.153. WCC 20.68.1541 or any new or cxJL,1llions of a
11 Rencwable Fuel Refinery or Renewable 1fltel 1 ransshipmcmt hac-ililv_,lhc proponent will pmvide an cxpen c�<;hl ition or fill
....... ........ _...... ... .. __. .. ..............
12 o tt the C olaity < si.I'. �t�3i :;he t tip Fossil and Renewable F- I Facilities." This exult evaluation ot_A ofkshectm-ovides
13 detailed m1111lorm Lion reclui ed_to evaluate impacts to air, land and water_duun,__re iey of'a SITA envi onmeni al checklist.
14 The of the, workshe t shall he prepared and undated as needed hy.thc SFIIA Rcs.ponsihle Oific i.tl,..i,n consult ration with.
.. ... ... .......
15 the I'lannim, Commission and the County Council. "1'lie expert evaluation or Wo_ksheet shall analvzc the "sk-milica€icc"' of
16 direct,,,,,indirect..andc.umulative.impa-cts.arisint;,iiom.:-
17 1. Windbotne transport:._of fossil or renew- ihle, fuel emissions across \V'hatc om C.ounty.:.
... ...... ......... ....... ........
18 2. 1 ifccycle ureenhous;c _)tis emissions for the al anicct's ir, cnlemi1 h t �_ 6, cne� vablc i 3ctlities and to srl fuel
19 f<tcitities:
...................................:.
20 3. 1 r-tmsits ol'tan(crs or lr tyres acid their _upport._eessels„that had;c the° ppt�utr<cl tq_c create tte n ol_spill or cxplosion or
...... .. ..... ...._..
21 interfere with commercial and treaty tribe fishi<� n areas:
22 =! Pc°leap c ; ofstonnw-aicr and wastewater to saroundc\-atci. n,«rinc v.<tters. intertid�a wetland . slrcc,ms wir}tin the
23 Jlorel lWt anti to their headwaters: and
............
24 5 Potcntr k Iear loss of, I raid.,o_ rm—oa?erts related to risks horn !,l)ikl � or c,a) losions cc i lt_d wil11 1clinlmttand
25 tmnspou or f'ossit flick of related icc(I;tcx l s. � ' hui Vs h�ttcom C otlliiv._
26 l i. dc. c: .iris cc� d — n ssihle in:met� ttc `'sioaiit�icartt and "}, 1 al)lc !lic Rc �noll�ihle Cif fic. li s ttlll d ;(,l aline whether
11-._. _ ..... _.... .......... ...........
27 the info i,iatior� ur the c .pelt era uatioal or the._Al;otl<sheci accui, (elf al)al,;e the eccrO dipole°.n„a1 11:irm. illd"ncndclit1v
..._.. .......11
28 trim, o(probaLilit,t nccutrence in comoliancc; \t,t!It \\ \C l�)' l 1 „O _1Is��., >> pio��idt, .�n_A1 :�;.' 97 i 1 79,1.
29 t. tc c;' i7tY t�k .i 7(1"j�fk � io(,d 1 c CYe4 k nil ilo [_ _it,.h h 1 ac:131'ood t }b ;li�ci ,4' 1.dI
... £i>i ln,..iyi, i2`_\ lei'. 't ,C;i�:.
30 _it_s ch�ailc�e_ol,oeclln_ciicc, is not treat. but the resultinit, en��ironrnci1lal i,n}l ct �io,ild he ���_��cic it it_occurrc_(1."
31 1--lie mforination �cl vidcd_nt tt.r. expert cvaluation or Work .Beet rcmlircd lot ,los7il and ,Niel.shall he
32 co idcr d r, c tit c[ilci z id rtducA :o \ h t ct n t_�ou kits ; � A r'7t liecs a p x:vdt rc . �t21 Jo AC t J 1 1 1
33 ()O0( 1-)(c) .lnd__tc deemed ne ;cs, l v to he consistent tent with the �iloll:_o1 S 1 A c olttainc, ilk IU \V' +1 (� c)?(? pC W
34 21(` U "0 auk RC \V' =f C.0 �I. 1 lo��cvu the expert evaluation or A of k.,hec i may._ll�'t h� i et t�� ed it 1�i c n_�.,ii,< nnicnlal
............. .... ...... .._... ... ................ ............_..
35 impalct st iicmcnl is 1)rcp ed..
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
16.08.160 Substantive authority.
A. The policies and goals set forth in this chapter are supplementary to those in the existing authorization of Whatcom
County.
B. The county may attach conditions to a permit or approval for a proposal so long as:
1. Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in
environmental documents prepared pursuant to this chapter; and
2. Such conditions are in writing; and
3. The mitigation measures included in such conditions are reasonable and capable of being accomplished; and
4. The county has considered whether other local, state, or federal mitigation measures applied to the proposal are
sufficient to mitigate the identified impacts; and
5. Such conditions are based on one or more policies o�rovisions in subsection D, 1'. or F of this section and cited in
the license or other decision document.
C. The county may deny a permit or approval for a proposal on the basis of SEPA so long as:
1. A finding is made that approving the proposal would result in probable significant adverse environmental impacts that
are identified in a FE1S or final SETS prepared pursuant to this chapter; and
2. A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient
to mitigate the identified impact; and
3. The denial is based on one or more policies or,l: o isi_ons identified in subsection D._or_I' of this section and identified
in writing in the decision document.
D. The county designates and adopts by reference the following policies as the basis for the county's exercise of SEPA
authority pursuant to this section:
1. The county shall use all practicable means, consistent with other essential considerations of state policy, to improve
and coordinate plans, functions, programs, and resources to the end that the state and its citizens may:
a. Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations-
b. Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing
surroundings;
c. Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or
other undesirable and unintended consequences;
d. Preserve important historic, cultural, and natural aspects of our national heritage;
e. Maintain, wherever possible, an environment which supports diversity and variety of individual choice;
f. Achieve a balance between population and resource use which will permit high standards of living and a wide
sharing of life's amenities; and
g. Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable
resources.
2. The county recognizes that each person has a fundamental and inalienable right to a healthful environment and that
each person has a responsibility to contribute to the preservation and enhancement of the environment.
3. The county adopts by reference the policies in the following county documents:
2
75 Whatcom County Comprehensive Land Use Plan (inclusive of goal statements and all subarea components)
76 Whatcom County Shoreline Management Program
77 Whatcom County Subdivision Ordinance
78 Whatcom County Solid Waste Management Plan
79 Whatcom County Critical Areas Ordinance
80 All official land use controls adopted by Whatcom County.
81 F, Relationship.t_�'._F..cdct,l St„ite and Rci2;ional, Rc:nl ations_ manv of the envit;onrnt:nta,l_.it� cts addressed b these
82 SI:PA policies are also the subject of federal, state and rer-'ional reeulatioras. In dccidina, whether cct specific
83 adverse em ilonment;l_I ilalliact lhjs been cictluatcIV addressed by an cxistina`rule or 1 jc� o _mother a>ciicv \\ illt_
84 -1_u1rs<lictjoi, tale C;bunh Shall c1111- onsult or ll_l or, »1__w itilw �vith that._aacllcv and may. e vpressly defer tla at_a.l-mic v_l_ll.
85 M akim" this detcnal the C olnity. shalt has; or condition its prol iec;t <ahuroval on compliance \v ith these other e-aistir�sr
86 rules or laws. The CO III.tV Shall_not so defer rf Stich rcoulations did not lntlup ate are othca l se_i.nadequrrtc to lddress
.... .....
87 aarticular i n}aact of a iaro�cl'cI or ���ot.rld be Tess restrictive than County Code,
88 1,'. Spcci,f_c...l;.livi_l-oll111".meptal.Polici_es.
89 1,,,._ l.l,r_QuaIi_ y._fand,_C1i_mt11c.;.
90 a. Air_pollution can be danlaOlj,(�to hurrran health. plants and animals. visibility. acstlretics. and the overall eta aatity_
91 of lit"- Miti�;atron 0Cair pollutant impacts will not be t;he subject of a, r_pc.lmttsiccluucd, b� ih ,,,?yrnth�w.csT,
92 Clean Air Agency . 'WC'AA and/or State Department of Ecology (DOFand no further mitiszation by the ("Oullty
93 shall be leoui ed. I_to\\c-vcr, where a project beina revrc�aed hLhe County oenctatesatrblic nuisance impacts.
94 odors or s'reenhous�e has emissions impacts not addressed t1u-ous711 the regulations oi'NWCAA or DOI_. the C:ounly
95 nl.1Y rc<lurlc mrns?alion It rrdea Sl I..A.
96 b. Climate chh n=rL is resirltinf=_in increased temperatures. reduced SLAIMI time snow�pack. reduced stream flows
97 and increased stt c a.rn tempo} ntur es.__7.nore intense storms with increased potential [or, floodi1ls;, and da,m aL' e to..roads.
98 dal 1 nd_lcritical11.1-111".1.1 i_nir asttu11c_turc slrch as "rater and waste tre"ltmcnt licilnres. While Climate cll ili r5_a srlob<tl
99 phenollicno.n it is.t_Ile pc IiCv of \VIMtcoM C9uMy t.d._do its railsh u.e, to redu,Cc loc al„erm„ions and, to_c n ut e,_th,
100 pl.o,lects w i h a lil.clihood,._o1 more than a model c uc ad. tsc_impact_op ur du<1ht� a d_,clrm 1tc_th n mile be
101 authorized -hv the Crnriltv rddress t>recnhqusc srls cmrssionsarup
102 1. C,rcr,nholisc U:ls I missions. 'I hie, followin�7 shalare capallsion5 of Fossil Duel
103 Rcr,r a rie Md.,1. <" r'. r_uel _I r ansshilamcnin�l acuities. as defined in \N C C 20 68 1 ` 3 and WC (C20.08 1 . tv nc_,_
104 of capansieirr of Renew�r.lhle I ue.i....RGI'mcries and_Renew-,hlc V nel..�'Ir arissl.ri_mnenl,l,,,achncs and (2.j will h,1�e
1.
...
105 reelsorl,hlv nre;cc ihlc_prohmle.direct tuullhol,l.s "l .dnrtssionsae ultinpf-omnew oi.nrodrfred_.c ItlrniaicilloI_.
106 O1c t r t,l,� 10'(1 0 \i 1 %v ar (C CI e) a5._dcteu»Llled bythr Aoith_..est ClcMi Air � cncv usim, mctuodol >".
107 ;on>r>tch w r') 'll) (l [j- Q, ? :W_ C�Ilcul atiml <,l_1(, Emissions (for Petroleum Rclincrics) )d 4O (_ I IZ_ _"`
108 C lcul<:ti:m) GI ) 1 r n�sion (fir `.t tiorruv Fuel Sgluccs)..a`, apphcahle,. _
109 f r!_.i a rs ,.;ln c:;_5tc 1 he SITA Respon ible Ql'lic.i;d shallcquilc_ as,cismcnt ol'thc lifcc.vcle
110 c rcelhou',c s r, <mi,sron� ol..th� prol.ect. w�iih aiocuson ihc._re l,oll_talal} loresc ablc.,pIobrblc;,. dncc,t_rl.nd.
111 indiree t � '.c,Ihc uu __>.a," ccm scions iuscd l v the moieet_ Consistent with \V C 1 17-11-00 a(')(d)-_
112 1I,c_r e.sn.len'....Iral;tsulmitcthe.incau,rent,111,)rc�s._etucrecrllrssiollschau<�;c°...from selm<ctahlf::h.�d,i_ll.
...
113 cureu( r>,.c.,e.nuoao1`knine patDeterioronion and%or �1inorAe c'puree Rmicw Pcrnut (ccira is:rl
— — --- _ _- - - --- -
1 14 u.phcn t I pc oar nt..
115 (!;}. In 1,;.,-r._:1 ,c s;mcni (iccnhousc tas enatssrora;�, irk to sslr 11 he, �1s-;csscd t rna ctrrunt scicmiliIjv
j 16 ellCr lit eiChil 1ei-11111CItle .
...aCClintl.... for pr.. e .t. C ll oC and '0� �l CXl�lil<• dll l .+.... C
.. .... 1.... -... S .... .'.'..
..
117rc nrt.�.0 a lion trrc. it olm ed c xp tnsrc�nhrc c cl 1 he_r ray<�c_or l i�cnliou�t <�:, cnr11:tii0 11 ,iri,Lic�,s
118 1 Se' Cd ila\ 1) , -, c;t t i Than the ranee ot?"ee lhousc s 1S emrn iown lm ct�,_f )I which Intl w'tio 1 rS
..._......... .......... ..... .. ....... ._......... .... ..... _ ...... ..._._. ._.. ..
119 UiltiCd.
120 fc-1 �1 uric„r lie 1. c, ilan dcc srora i ler su 11 re(tuuc the cpl hc.fant o rccnufv opti.oll-, �ar...ln i,?? Ilion OI'
121 tc°rr�_rc�c,e nr"wn 11t -arc e_aus-d bythclrclj<c urnsu nt uo A\ \(' 19" 11-600 mid WC('
122 1OM" 100,1' ul cordln e with tile ooimconsideratioils:n... __.
123 (l,)..V itiW. lti,on mcisulcs must.be lm.posed on the, p,g]pittc . ttt, plovi(Ied nl WAC 197.::.1 1 00M.))(<l.J,.
....... .....
124 1 he,Coull(y decision rn ikcr._IIust rcetlutc IIIIII �, 1t1on to ddics tlI(� l.)roiCc:; dituct z�,rluct1 101J,;C •ts
.
125 emissions .lid lmiv_re til>c,tr t ri. ttca_t(`_.ttt'.(:[c's the ._lwoi ct.._s indirect %ult,,i_oll;.,A_t.luill"lr7
126 additional miti_wli�lrl may occur- per ti%AC 197- I 1-000(1)(d) Mltit.:;i,ioll sha11 not be tee uired. for
127 proj[ic'ts_�lto� n in f1L } i�sr_„ment to tc due �r.cenhous� >a5 eml.,sions of exntinir fa lhtics._oil a
128 lifecvcle basis. i S -- �
..........................__..........
129 (2,)..ahe SLP\ Rcsmnsible 011iciahalticl6cdul cve lktiog(rrccilhous (,as
.
130 emissions_(IM I CC,)C) thft. are lCal"onibl\ fo_res c ible..i rob<ihlc, lnd_ctuse.d,,,h� file pl.oieet tothe.
.. .......
131 extent these emissions oi,_.a �nrtiori of thcs_c emissions are otherwise n_ uti;,atcd under other loci.
132 State, or ICder ll lil\\:s f 11CIS,_or permits..
133 Mitigation mad he_,�chie d through on silo miti.l;atro I measures. Such is of iciellev
( ..a. _ ... .... ... .........
134 and to riontd roiects. so lon(r as such
135 measures or I ojects_ile reasonable. Capable of heiligy accon�illslied __lie lil cl�- t0 ) cclt-
136 enha1111.1ec cnvi onmellm) indi1lcet Cur eat sateRiles11xl standards. rdsAtcrnvely_n..... ....q_.__.
137 mitisration may be achicvcci tllrou<,h Ij projects located outside of the local arca region, of ?
138 thl_ou h hchlse of carbon[fSctS From carbon .1- i.mmovCd bythcPlallililu.�...
139 Department. N��1CAA. or any Washington st rie azencv. subicct to the i�rovisions of item 6 .
140 below Uit('aiosgleonpeited ay Colicurrcrith" SitiSljauother ..im._
141 roN catntents for the same project.
142 (4„).,When Considering the total miti(nition,lco I led .<.l multiltl_ier of 1....5 shal_l,l e pphe_d totl1e
143 tonnage of all mitigations ?I eri'ormcd totally (including those sdccted Prom the current Whatcom
144 County Climate �ctionPlmiftchecti e ate of thsgdl iss i. ...m_,,ocou .,d _iagg
145 local investment. phis multiplier Shall not i1pply to emission reduction units .>cueratcd by and
146 ptticll_ised .om local th ld part>,acti itie.s that werc mIp_Iemented_prior.to.tile eff,ective
147 date of this ordinance.
148 (5),>npplic1111[s irc.cnc0ulaged. but..ilot requ.ir,cd. to sele-c,tmj_tl�iltloll...piopo l.ls from the.whatco.m
149 County Cairn ite AQoon Plan zind to select proiccts that yield crictt>) clf11c_,PY 3u1 s. local
150 economic benefits,such lscreatioil of iobs._\vith I i.n.LT \vioc of use 0F1)re\ aiIill �a i'es me1 01-
151 local economic development.
152 ((i.),,.lilitintions based on emissions.,i,edtxtions from._actn (tics or, progI ml,,m,u,t be...(_a) real,.
153 ,pccihc. identifiable. and (c)_cnforccable: (d) vcrifi_iblc_ and (C)
154 cXCgq as ll_lowed„hy (3) above lddi,tionil t.p.icdu<ti_o,is l�t.l_uncd und,cl.,otIXT k s 1.-111 s 01
155 })ermits, for unrelated projects or expansions.
156 (7.). ".I he Cinl,nt} dccislon,m�Ikc1 m,a_y..not cicnv i pCi mil. h t,scd_upon 1�ic of ail lblllty. of I( c,zd or-
.......
157 rc�)ional mitigation.
158 (d) Should a \\ lshiml ton Stale m-Cel,)houu, ,;Is sessmentmid nnu,� lion pernajljins;ol 171olc(: cdturt;mcnt
....... ....... .......... .
159 be: "too Cde such 'is a uIc adcwLcd mist i1t_ti, the\V.ishi11 t\11J ,t.1,i_ t s ,)_r c ti W_iz? IS. II I]viioil nle t_I
_...... ...._ _..._ °(1 1ppl <Is ol'_thc cffc�ctivC
160 �sSessnxrrt of t,r(�cnhous( G.iSI nilsslon I Itic 1(,.(.)s lti0 f . � 1 ic< I 1( orl,...
161 date of the rc(luu_eillent or rule. Should a lim" I edel il.,('iccnhoil c c>ment and mil1_3 �i__
lel miitinz
162 01 _
0.1:91ect 1c<luu,c,I lellt wilh t 1 c simcfolec �md cile.cj..,o( I itic.._ 6 0S 1160 1 1 ti.i be idoptcd..lit.le.
.......
163 10.08.100.F.1 .b.i shall no longcrl1Iy as of the effecti e dale of the rc oil i e:n)cut or rule.
164 ii GIC nhouse Gas l nussion� Other l' CS \\ iihill the I_Ic v I>n..hict lnd_i.istlnl I�.i.stlict,:_
........ ........ ........ ...
165 L, � 10hodoo,l in_ lv si5 Detcrmil,ed by ` 11'A_Rc, ponsihlc ONic l l fC.11i>� In _con..u,lt atioil V\.ith frdrl 11 c,nci_
166 state a�encics.with lurtdlcii( of c ,?cruse.
167 (ll) Nllh >atiol.i Det;erminedb `;I_P N l"'espol> fblc t)_A`ic 1 (1. tics l,c..
168 C. H is theCountv's iiC to minn,�izc ol...plevc.iit adkcf .c 2l, qu,liiv In 1 ieis.__I ed(i<fl slue. rc �lonil. Ind county
169 l�£'lll Iifons anti prmL lm � Cannot a]w, (\5 dIItie lh Itc O id(iLIM I mitt lte <ldA(1 e ill' (Itl 11ily IIL11 e............. .....
170 lCCi510n-In— ------ a ----__ {l---- <� that the 217 J11( li)l(9 IUICi.II. sllte 1 c JC'il l_ Hn(1 Ul COlilliv 1C ill ill( as did
171 not._<fnticipgtc or v in idc(Itm e to c ddl c „.die ,� i(rcul n nr t ��( t(s) of fli projcc 1, (lie do c i 1 >n1 f hcl I;Itiv
... ..... .. ....
172 Condition the_prtotl to mitiL) itc its ukcrsc impa is of if in_ Ih lci; c<n 1o>t_li_c mil � ltcd in. v..(ICII\� i plolcct nutter.
173 tic..plo provisions otc5t llc- l nlonn;lcni 11Pol e Act.
..
174
175 2. Plants and Animals
176 a Vl amp pccics of birds- mummals.f 5h. and ether cl rsses of ullimals and plants Iivin ill both rurul�lnd ul-hull
177 ClIvironmcnts mid arc of ccolo. a al. cduc 1tio rl 3rld cconon.uc v al,ue I ish and wilolifi-popul population" arc. threatened.
.... ...... ..... ... ... ... ....... ......
178 by I rbrtat loss and by the reduction of Imbilat diversity. i,or ihr purpos ", of this policy. 3nim r(sm<pl mts of
179 ceglm>rcal...cdueat. onal end economic value inc.lu�lc_Pr.lo�.rt��l,.habit.lis and Species as listed in the A\ �slun<_=toil
.... ..... ....
180 Dcpararr_ent € d NVild ifcs Priority I1 rl it Fts w ru ` pcc ics_ us air;Lirdc°d cot-iswnt with WC.0 16 16.710.
181 arr(11ip1) 13iodrvcrsiIv Value \i as_per the..\\ h tC0111 C oa!11t 201.1 1 co Rcpo3-1. Is amended.
182 1�. It s tl;e Col €:t>-'spo 1 iicvv to a_liariirai e_c rr pr car: th C lots of [ish arts( o'iidIilc 11 al1itat 'hat h<a; c, sl It)stantial
183 ecolovical. educalional,.and„econo,mic valuc. 1 hrgli priority shall also be given to ine-ctin the nccds..oi statc.and
11-
184 federal threatened. endan«ercd. and scnsitivc sp cics of both at 1 aw's and animals. Special consideration shall be
185 IIVen to anadrornous fisheries and marine mammals m
W..........................................................................................................................................................................................................
186 c. The decision -maker nuav condition or deny the t>rec[ to miti<uatc its specific adverse environmental Tracts if
187 the (icc isrop maker l.inds thtlt a pl oppxd Pr. ljcct �.��ould red.uc c or d-apa a�rc_r re. uneotpmon. unr.que or cxcepti_onul,
188 plant or w1ildlife anianal5 species of
189 substautr_al..edueuionrl eeolo<icll.oi,cconomicval.t,ie.orinteileiewithttratvri'uhts.elean�vaterriglats..oi.:
...........................W ......... ....... ...._
190 endmwel-ed Speciesotection.
191
192 16.08.175 Purpose of this article and adoption by reference.
193 This article contains uniform usage and definitions of terms under SEPA. The county adopts the following sections
194 by reference, as supplemented by WAC 173-806-040:
195
196
WAC
197
197-11-700
Definitions.
198
197-11-702
Act.
199
197-11-704
Action.
200
197-11-706
Addendum.
201
197-11-708
Adoption.
202
197-11-710
Affected tribe.
203
197-11-712
Affecting.
204
197-11-714
Agency.
205
197-I1-716
Applicant.
206
197-11-718
Built environment.
207
197-11-720
Categorical exemption.
208
197-11-721
Closed record appeal.
209
197-11-722
Consolidated appeal.
210
197-11-724
Consulted agency.
211
197-I1-726
Cost -benefit analysis.
212
197-11-728
County/city.
213
197-11-730
Decision maker.
214
197-11-732
Department.
215
197-11-734
Determination ofnonsignificance (DNS).
216
197-1 1-736
Determination of significance (DS).
217
197-11-738
EIS.
5
218
197-11-740 Environment.
219
197-11-742 Environmental checklist.
220
197-11-744 Environmental document.
221
197-11-746 Environmental review.
222
197-11-750 Expanded scoping.
223
197-11-752 Impacts.
224
197-11-754 Incorporation by reference.
225
197-11-756 Lands covered by water.
226
197-11-758 Lead agency.
227
197-11-760 License.
228
197-11-762 Local agency.
229
197-11-764 Major action.
230
197-11-766 Mitigated DNS.
231
197-11-768 Mitigation.
232
197-11-770 Natural environment.
233
197-11-772 NEPA.
234
197-11-774 Nonproject.
235
197-11-775 Open record hearing.
236
197-11-776 Phased review.
237
197-11-778 Preparation.
238
197-11-780 Private project.
239
197-11-782 Probable.
240
197-11-784 Proposal.
241
197-11-786 Reasonable alternative.
242
197-11-788 Responsible official.
243
197-11-790 SEPA.
244
197-11-792 Scope.
245
197-11-793 Scoping.
246
197-11-794 Significant.
247
197-11-796 State agency.
248
197-11-797 Threshold determination.
249
197-11-799 Underlying governmental action.
250
In addition to those definitions contained within WAC 197-11-700 through 197-11-799, when used in this article,
251
the following terms shall have the following meanings, unless the context indicates otherwise:
252
A. �.')� �_ t� �•� «1 ������ cnl�.>�� IiIiSSi,on� i.��< �t<<I �� with FosI'llsil 1 ucl Il.. (n� i
253
�
1_uCl l'Cf'HICrI _, Fuel 1 Icfliti s i,..,cd unoll
254
th rC1'mil ;III I I oC�,, ❑t * ol'l o- i.l_.I ucl� locattd within t )c C�hc taw Pond Ilcrt�V liuit._si! _tl ire<a..:`
255
B. "Early notice" means the countv's response to an applicant stating whether it considers issuance of a
256
determination of significance (DS) likely for the applicant's proposal (mitigated determination of
257
nonsignificance (MDNS) procedures).
258
C. " ERC" means environmental rcvicNv committee established in WCC 16.08.045.
M.
259
260
261
262
263
264
265
266-
1�., ....� U t C,rlh(}4 G I I mi Siol MC;Ms 1 !ti,'S th it `l' i h .;L...ill Ile ;i1,, 51t l 17 1 rf[',C li lt�l'tit➢ 3� 2,1 t WIOUSC7
.... .... ... .._ f . p1.
?HSC�.� (il_Iti �� 2rl<,) ��G11C3_ ." i I I C I L I dc� carhm dlOaldC. IlIctI1a1C nitroU oxid I ivd1Y);I)1 I olora l h o n.
1xr1ffim ocmJm s._111d suhur hCx lf'hloj-idC and l otu(1 =' ;.ol > Iscs dus �n Ite�l._1w thl.:1"dc_11 ck, l ;Ir..Ict
.._
{t IiIc(I S t a t c ( o(Ic,l itic4?. G i a p i c r S_stlIc clean n act t I, 1)tel /0A.I5 I W) oI a I I I IiII�_ IccI I tISc
�Ws_cmis!;ioris lrm Clia�ter 70A,45 1tC, ) or amv _directly s1I )c»c-dim, p>_gv�ision') Ali spate or fcd 1 11_Ll� .
F. (71'OSS Cillission5 meall the. aCttlal II1C1'e111Clltal eilliS.SlOns increases of decreases I-CSUIUMI Il-0111 t11C 1)r01CCt. GLOSS
. _u_
clniSSIO11S 10 1101lICILKI rcfctions of additions From oI te mllklat oll or liiccvcle_im1cts.
F. IndlrCCi c..1"lrlsslol1s mea1'i emissions restlhin<r fi'0711 o[ sitC ofl10A1C1' pU1'ChaSCd 601- CO11SLI1110ti011 al the
267
1" cllit\ nd__cilllssl.Ons'h011l_other CnlIliVUOUS OI adfaCCIII t1tllltics dll;C;ctl�- stlpl)lYtn�; thc,flcll.lty (<\a11lpIC.S r71CiUdC
268
cos>eneration-of Steam. OfPsite hydrotren production).
269
G. ' IJI' Cvcl. - cc�11hous€� �,,as (a issio ns�" n:ca.l' the aa,lc :;tt <ll�(ll:v� o'��r rl rt3u e, r<l� (.ralisstoll�
................................ �...........................................,..............................................................................................................................................................,..........................................................._......................................................................................
270
direct onlissions and sitmificant indirect emissions related to the full fuc-1 lifoevele. includilw IH stages Of fuel
271
alld fC..<dStOCk I)FOd.Ucti011 id distribution. From eedstocl f_,cn :r ltlorl OI extl:actlon throUE?h the distribUtlO❑ a11.d
....... .....
272
ciClivery and use Of the finished fuel to the ultimate consumer. W11CI-e the- mass values for all 21 c.C1111ou,c haws are
273
3ci_lustcd 10o'JC OLMI for their ..le-lative..globa_l_1 Irmi.il.�ti.potclit,ial..
274
f 1. "Ordinance" means the procedure used by the county to adopt regulatory requirements.
275
1_R "Responsible official" shall mean the director of the department which bears responsibilities for the SEPA
276
process or his/her designee.
277
IE. "SETA rules" means Chapter 197-11 WAC adopted by the Department of Ecology. (Ord. 98-048 Exh. A; Ord.
278
84-122 Part 8).
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
7
296
297
298 CHAPTER 20.66 LIGHT IMPACT INDUSTRIAL (LII) DISTRICT
299 20.66.200 Prohibited uses.
300 All uses not listed as permitted, accessory, administrative approval, or conditional uses are prohibited, including but not
301 limited to the following, which are listed here for purposes of clarity:
302 .201 Reserved.
303 .202 Adult businesses except those allowed as an administrative approval use under WCC 20.66.131.
304 .203 In the Bellingham Urban Growth Area the following uses are prohibited: 1�e�rc4��:a�rri+� a+�c� fh prii3�a
305 r c13+ r t th rc primary manufacturing and processing of rubber, plastics, chemicals, paper, asbestos and
306 products derived thereof, and primary metal industries.
307 .204 'New Fossil -Fuel Relinery or new Fossil Fuel I ransshil>mcnt Facilities.
308
309
310
311
312
313
314
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325 CHAPTER 20.68 HEAVY IMPACT INDUSTRIAL (HII) DISTRICT
326 20.68.050 Permitted uses.
327 Unless otherwise provided herein, permitted and accessory uses shall be administered pursuant to the applicable provisions of
328 Chapter 20.80 WCC, Supplementary Requirements, and Chapter 22.,052t3:84 WCC, Project Permitc....
329 the Whatcom County SEPA Ordinance, the Whatcom County
330 Subdivision Ordinance and the Whatcom County Shoreline Management Program: aii<].,i,ah.plcmen...i_n_tz„�'e<
331 !}in tl+ cl aj�tt i #ti31 t 1�3-=t: F>.l t t.trn 1aj- -t; ttirti' sl <°-: e
332 41cn.til-10 l rei-n. (Polioies o =-the subarea comtwchen.,i..,,.e Nall may preclude, eertlin pci:.mitted use'; to occur in parker lar,
333 Mlay �. l : lri 1a3 caaa 2,t,, a ,ai , ire tht3 map �T. �; at=
334 4-e dd...ht4 i
335 .051 The manufacture and processing of food including meat (including packinghouses and slaughterhouses), dairy, fruits,
336 vegetables, seafood, grain mill, large scale bakery, sugar and beverage products, provided the following criteria are met:
337 (1) Holding pens associated with packinghouses and slaughterhouses shall be limited to that necessary to accommodate
338 animals intended for processing within 24 hours.
339 (2) The facility shall comply with the solid waste handling standards as set forth in Chapter 173-350 WAC, as administered
340 by the Whatcom County health department as adopted by reference in Chapter 24.06 WAC.
341 (3) If required by the Washington State Department of Ecology, the following permits shall be obtained:
342 (a) State waste discharge permit (Chapter 173-216 WAC);
343 (b) Industrial stormwater permit — general permit (Chapter 173-226 WAC);
344 (c) An NPDES permit (Chapter 90.48 RCW and Chapter 173-220 WAC).
345 .052 Manufacturing and processing of textiles including weaving cotton, synthetic, silk or wool fabrics; knitting yarn and
346 thread mills; textile bleaching, dyeing and printing; and carpet manufacture.
347 .053 The manufacture and processing of lumber and wood including sawmills; planing mills; millwork; veneer, plywood and
348 prefabricated wood products; wooden containers and cooperage.
349 .054 The following are permitted uses except as otherwise prohibited:
350 (1) The manufacture and process of paper including pulp, paper and paperboard mills; and building paper and board mill
351 products.
352 (2) The manufacture and processing of chemicals and allied products including industrial inorganic and organic chemicals;
353 synthetic resins, rubber, fibers and plastic materials; soap, detergents and cleaning preparations; paint, linseed oil, shellac,
354 lacquer and allied products; chemicals from gum and wood; and agricultural chemicals.
355 (,.).Re` "its "md.,tnt' i:o lc t mn-anki_s;f ihal.t..,
356 (-4) The manufacture and processing of rubber and plastic products.
357 (4E.) Leather tanning and finishing.
358 (_ 0) The manufacture and processing of cement and glass; and concrete, gypsum, plaster, abrasive, asbestos and nonmetallic
359 mineral products.
360 (6.1) Primary metal industries including blast furnaces and steel works; mills for primary smelting, secondary smelting,
361 refining, reducing, finishing, rolling, drawing, extruding, and casting of ferrous and nonferrous metals; and the manufacture
362 of miscellaneous metal products.
363 (T) Sieu z ;e._of .�r>halt in the 1l ry Immi c Indus I'll Zc»ne.
364 .055 The fabrication of metal products including metal calls, hardware, hand tools, cutlery, heating apparatus, plumbing
365 fixtures, structural metal and stamping.
366 .056 The manufacture of machinery including engines; turbines; farm machinery and equipment; construction, mining and
367 materials handling equipment; machine tools and dies; and special and general industrial equipment.
368 .057 The manufacture of electrical machinery including transmission and distribution equipment, and industrial apparatus.
369 .058 The manufacture of transportation equipment including automobiles, trucks, buses, airplanes, boat building and repair,
370 railroad equipment, bicycles and motorcycles.
371 .059 Bulk commodity storage facilities, and truck, rail, vessel and t,�ls+ae-transshipment terminals and facilities _escept as
372 c,c>ndit.ion dly....pc r nut1(Cd under \\ < C__20M.]_�3..,.rnd 15 of prohibited under \t C( 201,10.18...2010,
373 .060 Stationary thermal power plants with generating capacity of less than 250,000 kilowatts, floating thermal power- plants
374 with generating capacity of less than 50,000 kilowatts, and other power plants utilizing renewable resources from solar, wind
375 (Chapter 20.14 WCC) or water sources. exceI)t that coal-fired povyer plants arc prohibited.
376 .061 Heavy construction contractors.
377 .062 Public uses and community facilities including police and fire stations, libraries, activity centers, community centers,
378 park and recreation facilities identified in an adopted city or county Comprehensive Plan or Park Plan, and other similar
379 noncommercial uses, excluding state education facilities and correction facilities.
380 .063 One one-story detached accessory storage building per lot; provided, that the floor area shall not exceed 200 square feet
381 and shall only be used for personal storage and not for habitation or business; and provided further, that the storage building
382 shall contain no indoor plumbing but may be served with electrical power for lighting.
383 .064 Uses allowed in the Light Impact Industrial Zone as permitted uses, WCC 20.66.100, shall be permitted outright within
384 the Heavy Impact Industrial District in the Bellingham UGA.
385 .065 Trails, trailheads, restroom facilities and associated parking areas for no more than 30 vehicles.
386 .066 Marijuana production or processing facility.
387 06`5LXi tinh;FoSSrl,l�_uel Rel-Inures,..eaisting Fossil l,;ucl'Ir �nsshipmeart F j�il..ilies. Re11���, ,blc.I ucl Reimrrics...Rcnc�yahle
.. .. ...
388 I ucl_:.I_r rnS,hi.pmr.nt Facrhtics,,picrs and Clocks..lc,2ally _establishco is Of]\vX eFfecU�e,drtc of.prduitu�cc�. h�rn_rded thrt.
389 l >crmit r5 S�cr�ht fora tiro ect pro o5ed ��ithin o� ttt�clrul to a 1�t�ility of_ uch d r�Silicatrc�n t-- :..!pt�lic-ant must
390 dr,clo�c ill c�In tc ity c hanaes defined under \VCC 20.665 1: 3 and WVC '0.68.1 l to th Coullt�- i� niittinr� author ties.
391 Ni ON idc d that a c.pnditit>n tl Wijc»ermit is not lecltrircd lr \\ CC`: 20 65...1Wi y or �\ C C 0 be 1-- -_t� r nrit d u — r ----: ,e rey>airs,
392 nr�rr�_�C„mcrits. ui}mten rtr�c ...rrrodrfrcatum"let.nodcb,n_g,cn offer ch3n.�r,t." rnclia_tiru; hri....) of In r_it�d fc. IIIC lu!l(_��.m...:...
393 is c sor-v Mid Nj)j?urtcnant hurl,dilws _Sur.rcturr ,, and proce_ssrn,Y_c.clmpnicn,t_.-
394 t.? )_ Ol_l is c_.`_l>acc.
395 lots.
396 (') Rrldio conuu r,ircat ors f .....................
397 i �), j_CcrrrIIV htlIl(Il1-1 YC tr0 tn(1 opgatron cr.ntcrs.
....... .............._....
398 .).._ !01-;["!C LlII 1ir.1f'._s:.
399 {7) R_p uuicm.rmtcllan c u,d_rt'pa}1:.:.
400 �) I'mi onmclual_i,mpro\c n�ents �nd._othcr,pl,_<.tic s o.n the >;UbiM Srrc,th a ar:e..rc<turrc,d or r rod': d< <1 t allo r. ��,n�pha;r:11-cc ..:rih..
401 Icdcral. �tatc.. r�;�-i nal„ of IOCll r.zulrltron5-_i.nc ludillL, modifrcatio rs ol, (r ssil fuel f rcilit c. for tun, o,cs_o(Co-j`)I0CCSSInL�
402 aiorrr3s�-�l;ith on-olcur-i-I, �-
403 (Q)Ro<ld...proic.cis=rrd_hrid, �cs.
R
404 (10)_ I ennpor_rm_trr_�ile,!rs.
405 H i) I lCatinL, and cgolilw) systcros.
406 (12_t Cable instal lation.
407 (1 ).)..lnlormat_i_ontccluiolo,\• imprmenwnts.:.
408 (1 1) Continuous c nnssions monitor 111, systcros or an �lvzen shelters.
409 and stounn�.�atcr tr.e,atmcnt f�,icalues;.
410 16) Rgnlacement;,and upttradir g of cxisti,i t; ei n°ot;,
411 07) Safety up<=fades.
412 (' 18) Pipelines carryuln_ petroleum or elp roleum_ dui;t, solely ���itiiin the ticayv lm nt act Industrial zoniIW district.
413 (19) Pipclnnes_carryi �-,natural_.,' 3s sol,cly ��ithin th�� I_IcaV 1_1111aact 11-IdUsui tl,zgiiint1 dis.titcl..
414 (.2.0) ReneNval)_le Riel pl;gd_u_ci.icar, land,,, Shi,pa lcl.a.t,.
......... ......... ..
415 (' l.) la ansfcrr ng Fossil sil Fucls, clurinsr_cmera e.ncx sccn<aruns \-1a_cl c cant n<�e n es i e go i c,.l ossil Fuels to be moved;
416 22) \recc5snry 1 oSsil F uc iS transfers Burin 7 turn around5 oi_ niaintcnance periods.
417 lo
.,dan for Cm..t.
418 at an exrsuna, Fossil I-�icl Rr.fincrv, I,ossrl 1 r]e1.,,I r mssl_a.lpnaeni,_I ierlity, Ruu.�>,.�,able Fool. Rc,fin_crv. oi,Rcric,��abl_c. F oel.
419 11�ansshi!meat Facility a condition that the stor wc tank_ill only he used in the mariner described in the application and
420 appt_o}.cd, in the permi,t, 1 he a_p.plu,a„ti,on aind pca_nln shall descril3c the intendeduse..,of the slot ale tall
i_aac,l_udnag.thecype o:f
421 fuel to he tore(] and. if located within a 1 ossiI Fuel Re_ilnei\• or Rell cvvahle Fuel ReCnety. whether thestotaL)c tank wilt or
422 Will not he u5efoh2 cl r nsshipnlcnt.
423 >4) Other_ similar structures or actr_itics.
424 .070 New Rehm able Fuel Refineries or ReMM hlc Fut;l (r tinsshiisrucn a.. 3clhties cxcctnt thaat_liew tinier docks, or \aharves
425 J.11 the t.her.ry...Pc�mi Inilust�rrl.l rstiict,arc pro„la.i,bited.
426 0 /1.1 xpansion.ojcxistrnn.leetrl RCIIC W I)IC F_uc.1 REf1Trc Iic; or.._Itcrlmvaihlc 1 uel_Transsin ]�r.lDcot..l idc.cl that_fhe
...
427 c xpansron is for Rc n_c_+:; lblc ,l__u.els only.
428 .081 Freight railroad switching yards and terminals cxcc ]u .rti._], ohib]ic.d rnnde,r_A\ c C....>P r, > ?00.
429 .092 Marine port facilities cxcclit as.,prohibncd une„I_ i Ati (.(. ;'O_ 08,200..
430 .085 Type i solid waste handling facilities.
431 .086 Type 11 solid waste handling facilities.
432 20.68.100 Accessory uses.
433 .101 Employee recreation facilities and play areas.
434 .102 Restaurants, cafes and cafeterias operated primarily for the convenience of employees, clients and customers of the
435 district.
436 .103 Temporary buildings for construction purposes for a period not to exceed the duration of such construction.
437 .104 When auxiliary to a principally permitted use: electric utility facilities; substations; generating plants, if less than 50
438 megawatt (MW) net plant capability; gas works; sewage disposal facilities; solid waste landfills and incinerators.
439 .105 Other accessory uses and buildings, including security services, customarily appurtenant to a principally permitted use.
440 .106 On -site treatment and storage facilities for hazardous wastes associated with outright permitted uses or approved
441 conditional uses subject to the most current siting criteria under Chapter 173-303 WAC.
442 .107 Mini -day care centers, and day care centers operated by, maintained by or funded by business in the district for the
443 purpose of serving the child care needs of employees whose place of employment lies within this zone district.
444 .108 Electric vehicle rapid charging stations and battery exchange facilities.
445 109 IIIIcI rc_fincly Shipmcnts_oi Icfined plodr1.11 act md..lnteunediate. N 3leria!s such as ctnl;Intshcd, oils -Ind._hluicisto ls,,
446 20.68.1 30 Administrative approval uses.
447 .131 Commercial mushroom substrate production limited to the Cherry Point Industrial Area and pursuant to the
448 requirements as contained in WCC 20.15.020(2) (commercial mushroom substrate production facilities). (Ord. 2006-031 5 1
449 (Exh. A), 2006).
450 20.68.150 Conditional uses.
451 The lollovvins� uses re<tuirc a conditional use pea-mit in the IIIl 7.onina District.
452 .152 Uses allowed in the Light Impact Industrial zone as permitted uses, WCC 20.66.100, subject to the following:
453 (1) Outside of the Bellingham Urban Growth Area, approval shall be supported by a finding by the hearing examiner that
454 allowing the use will not limit the supply of land available to meet the demand for future heavy industrial uses.
455 (2) Filing of a deed restriction acknowledging that heavy industrial uses are the preferred uses in the zone and agreeing not to
456 protest proposed heavy industrial uses allowed in the zone in accordance with Chapter 20.68 WCC, and to refrain from legal
457 action against any heavy industrial use in compliance with the regulations of WCC Title 20 and any conditions of approval
458 which might have been proposed.
459 1 , 3 Lxl anslion of exi_stim Fossil ssll Fuel For of this_section. an expim5ion. i_s... ally de elopment (irIClu,dio.(_)
460 otherwise i)crmrticd or �<ccss_ _Lest v esied after the effective date of this ordr»ance. that mec is ink olle.of the l611-m-in.�;
461 a ?t ir!ica IC,, IIiresllo!ds:
462 A. C,ul>m zikciv_nictc»es r_ rtcility t�,tt__\lnximum ,i'�_tmosi�heric,_Crude Distillation C� iclt,.._ic i lcssll ! ii ! b ,
463 Moe th n 10,000 b.lrrc is (or 1 i0) OU,O.._� d on .)_pe dh �scd_upon �in. ev tlu..rti,on of pl» slc al c.<tulollicnt_.Imut rt _ol.is_
...
464 c onc!uety I by lic n •sc d !,l olession ! cno m i 01
.... ....... ........ .......
465 B. Cur,,^1ul tl\e.l\_n,ca ases 1__Ficikri\ ti_l'ot I 'vkl xllnunr_t i_m5shi imcnt C:<l pt ic:it_v tol Fossil it I uels b- ,Wore tl ,n,.0_OOQ
466 h<ure!s (ol 110.000 Iillon�) pcl di�� bi �a tlpon an c111v�Ilu,tlon of hi vsical cuilnncnt l,mltittc ns conducted by
467 hc�nsc 1 1�1_o.t:cs,lor ;ll <u��uice.... n accotdnce.._ ....
468 C. lllcrot, s 111c, he jlcll_cv oc I<_ssll 1 uc1.1 ni" r_n_iu shi!a,h,clits by,l.nl unlWdcd gr..loackd,�11 ui cvi.i,tln< lacilrty m 0XCC.,s
469 ul tim is ,^ln\, cslhh,lir_:d_b C c_iirlt\ 5(ait or I_cdc_ral irltholltics ((\_hc_'e a >lic iblc,) as of I_XXX C11,11,Cc0kc (kite OI,
470 o inmc 1 f til �fiectic date ofl cohliironl usiet\hichc\.rr IsT1LCuiCCC]t_
,o�_
471 if a ccmdition__il tine nermit J.'< �ubtairm:d.__tlic hii cl I c fo,._d�t min n ; the cuim'daliv C iiicrc i"e s is n set,
472 1�d !_Xi I lsitx> >I exisli1w,I os„ 11 1 ucl 11 nssl p, Wert,!_ ic. II" c'._, I orhulG>oses oI thISSCCt(orl_>>?._c_._imnsion Iti ,!l
( it, othc.l �i I c ! cl.atuttcd l.: t c c 01� u : s.). v r,t�°,d1Iici th_e. (ic<,ti_..c d ltcl_o this, o!di i m '>.._tn.ut
473 0,�1 i��nt .nx ludo
474 c_?_u!'-10v fah inclvawS the ac�i(�tr toll �_i i it u� i hr'�it ,,_t_%hr1 c _� C: 111 tc itv i_i}lI osst_l is by � l_otc th t 10,000 1 n rc. s t�<>r
475 t'U.U >>Ilo.ia 1 Ix.r._<'fav b tu(ci utxvn,._:a1 c .I,l,m.auor conduc Icd_hv !L nsUd p.),;otcs5rR1_;.tl crr,7ln_cc r lit "Ic old rncr_ v i.(h
476 ?0.1? 10.i.
477 II r coll(ImoIIa 1 c nc IniI Iti oMlIillcd.. fli i�si'Ii c fo,`IICICIIi ll MIP tIIeClnntI!:111A( IIICI'ti�C" �s IC•,rj
.............. ............. ..... .............. .. ....... .. ...... ..... ............ .. .._. ........ .. ........ ....
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480
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483 .15� 1-reathnernt and storage facilities for hazardous wastes subject to the following:
484 (1) Thel criteria for a conditional use listed under WCC
485 (2) The most current state siting criteria under Chapter 173-303 WAC.
486 (3) It shall be the responsibility of the applicant to document to the satisfaction of the approving body the anticipated sources,
487 types, volumes and final disposition of hazardous wastes to be collected and the type of treatments associated with those
488 wastes. The permit shall be limited exclusively to those types of wastes and treatments as documented and approved.
489 (4) Total off -site facility capacity shall be limited to that needed to treat and store wastes generated within Whatcom County
490 by generators requiring off -site management of hazardous wastes; provided, however, waste streams may be sourced from
491 other jurisdictions through interagency zone designation agreements as approved by the county council, not to exceed 10
492 percent of the total local hazardous waste stream.
493 (5) Prior to occupancy of the facility, the State Department of Ecology shall certify to the county that the facility has been
494 constructed consistent with state requirements.
495 (6) As a condition of approval, the applicant shall be required to keep and maintain accurate and current records of the types,
496 amounts, sources, and final disposition of hazardous wastes collected. The applicant shall provide such records annually to
497 the county, or sooner upon county request. If the facility is found to be exceeding the waste steam limitations or permit
498 restrictions, the county staff shall so report to the approving body who shall have the authority to revoke the permit,
499 following a public hearing, if the limitation has been exceeded absent an emergency situation. Any emergency must be
500 documented by county staff.
501 (7) Annual inspections of the facility shall be a minimum requirement. The applicant shall be required to forward copies of
502 all facility inspection reports to the county. 1f deficiencies are found, the operator shall, within 15 days, submit to the county
503 for approval an implementation schedule of corrective measures. Such schedule shall include specific completion dates and
504 inspection reporting procedures.
505 If the state does not inspect the facility within the year, the applicant shall be required to arrange and bear all costs for an
506 inspection by a qualified and independent inspection agency satisfactory to the county.
507 (8) Should the facility be found to consistently operate in a manner unsatisfactory to the county in regard to the public health
508 and safety, the permit may be revoked by the approving body following a public hearing.
509 .156 Public and private parks facilities not included in an adopted city or county Comprehensive Plan or Park Plan.
510 .157 Trailheads with parking areas for more than 30 vehicles.
511 .158 Athletic fields.
512 .180 Major passenger intermodal terminals.
513 .187 Type III solid waste handling facilities; provided, that:
514 (1) The facility or site will not be located within the 100-year floodplain or the Lake Whatcom watershed. The facility or site
515 will not be located within any area identified in an adopted critical areas ordinance unless outside of the floodplain and at
516 least three feet in elevation higher than the floodway elevation;
517 (2) Solid waste handling facilities shall be located at least 1,500 feet from the following:
518 (a) All zoning distFict boundaries, except Commercial Forestry and Industrial Zones;
519 (b) Public parks, public recreation areas, or publicly -owned wildlife areas;
520 (c) Archaeological and historical sites that are registered with the State Office of Archaeology and Historic Preservation;
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521 (d) Shorelines that are within thejurisdiction of the Shoreline Management Program;
522 (e) Rivers, streams or creeks that contain documented threatened or endangered fish species;
523 (1) This 1,500-foot buffer does not apply to:
524 (i) Structures used for offices, storage areas for equipment, and weigh scales. These facilities shall be set back from
525 the property line 100 feet or the standard zoning district setback, whichever is greater;
526 (ii) Inert landfills;
527 (3) Inert landfills shall be located at least 500 feet from the following:
528 (a) All zoning district boundaries, except Commercial Forestry and Industrial Zones;
529 (b) Public parks, public recreation areas, or publicly -owned wildlife areas;
530 (c) Archaeological and historical sites that are registered with the State Office of Archaeology and Historic Preservation;
531 (d) Shorelines that are within the jurisdiction of the Shoreline Management Program;
532 (e) Rivers, streams or creeks that contain documented threatened or endangered fish species;
533 (f) This 500-foot buffer does not apply to:
534 (i) Structures used for offices, storage areas for equipment, and weigh scales. These facilities shall be set back from
535 the property line 100 feet or the standard zoning district setback, whichever is greater;
536 (4) The facility or site will not result in filling or excavation, location of structures or buildings, driveways or machinery use
537 except for vegetation maintenance within 100 feet of any property line and except for driveways within 150 feet of any
538 county or state road right-of-way;
539 (5) The facility or site will have vehicular approaches designed to minimize conflict between automobile and truck traffic,
540 will maintain the carrying capacity of county roads, and will be located on a road classified as all weather, except where use
541 is shown to be intermittent and easily delayed until emergency conditions have passed;
542 (6) The facility or site has complied with the provisions of WCC 22.0�.026"(04?M) and all other ordinances and laws
.......................................
543 regulating solid waste facilities and sites, such as but not limited to WCC Title 24, the Whatcom County SEPA Ordinance, as
544 well as state and federal regulations concerning solid waste facilities and sites;
545 (7) All landfills have a final closure plan meeting the requirements of WCC Title 24 and of Chapter 173-350 WAC, and the
546 closure plan includes:
547 (a) Reclamation in two to 10 acre increments, as appropriately responsive to the size and intensity of the particular
548 activity, with seeding to be accomplished annually but no later than September 30th; and
549 (b) Permanent vegetative cover that will maintain in healthy growing condition with the level of maintenance that is
550 covered through the financial assurance for post -closure activities;
551 (8) The buffer areas and visual screening shall include a minimum of 50 feet wide of landscaping meeting the requirements
552 of WCC 20.80.300 (Landscaping);
553 (9) Solid waste facilities or sites shall be located outside the 10-year time of travel boundary of a public water systcm's
554 delineated wellhead protection area;
555 (10) Solid waste facilities or sites that handle putrescible waste will be located at least 10,000 feet from airports serving
556 turbine -powered aircraft and at least 5,000 feet from airports serving piston -powered aircraft. These buffers shall be
557 measured from the boundary of the Airport Operations Zone or, if the airport is not within an Airport Operations Zone, from
558 the boundary of the airport property;
559 (11) In addition, the Whatcom County hearing examiner may impose conditions of approval which may be necessary to
560 protect the value and enjoyment of existing adjacent uses.
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561 .188 Mitigation banks as a form of compensatory mitigation for wetland and habitat conservation area impacts when
562 permitted in accordance with the provisions of Chapter 16.16 WCC; provided, applications for mitigation banks shall be
563 processed as a major development project pursuant to Chapter 20.88 WCC.
564 20.68.200 Prohibited uses.
565 All uses not listed as permitted, accessory, administrative approval, or conditional uses are prohibited, including but not
566 limited to the following, which are listed here for purposes of clarity:
567 .201 Reserved
568 .202 Adult businesses.
569 .203 In the Bellingham Urban Growth Area the following uses are prohibited: petroleum refinery and the primary
570 manufacturing of products thereof, primary manufacturing and processing of rubber, plastics, chemicals, paper, asbestos and
571 products derived thereof, and primary metal industries.
572 204 No%v- Fossil Fuci Refineries,
573 205. Acev, l ossil I uct....l r znsshi.pment_Y tuliiics..1 I'll.
574 206 NCNv/.piers. docks of �vh,�iv�s in (. hens Point Industrial District.
...... .........
575 .2107 Coal-isre<1...pgw.cr...p.l<}» .,.
...................................... .
576 (Ord. 2018-006 § 3 (Exh. C), 2018; Ord. 2016-011 § 1 (Exh. L), 2016; Ord. 99-078, 1999; Ord. 99-070 § 2, 1999; Ord. 91-
577 075, 1991).
578 20.68.250 Minimum lot size.
579 The minimum lot size shall be consistent with the area required to meet the building setback, lot coverage, buffer and
580 development standards of the district. (Ord. 97-057 § 1, 1997; Ord. 96-046 § 1, 1996).
581 20.68.255 Minimum lot frontage.
582 For the purpose of dividing property, minimum lot frontage shall be sufficient to provide adequate access and utility
583 development, and meet applicable building setback, buffer, and development standards of the district. In no case shall the
584 fi-ontage be less than 30 feet. (Ord. 99-045 § 1, 1999).
585 20.68.:350 Building setbacks.
586 Building setbacks shall be administered pursuant to WCC 20.80.200, 20.80.254 and 20.68.550. (Ord. 99-078, 1999).
587 20.68.400 Height limitations.
588 No maximum height is established; however, when a building exceeds 50 feet, the setback requirements of WCC, 20.80.200
589 shall be increased by one foot for each foot of building height in excess of 50 feet, as applicable to all setbacks.
590 20.68.A50 Lot coverage.
591 The maximum building or structural coverage shall not exceed 60 percent of the lot size.
592 20.68.500 Open space.
593 Repealed bY Ord. 97-057. (Ord. 96-046, 1996).
594 20.68.550 Buffer area.
595 .551 The industrial user shall establish a buffer for building sites adjoining the boundary of the Heavy Impact Industrial
596 District (H11), which shall be located adjacent to the district boundary. The purpose ofthe buffer is to optimize the visual
IR
597 appearance of the site by obscuring industrial activity from view by passing motorists, to contribute to on -site and off -site
598 impact abatement, and to move towards attaining compatibility with surrounding nonindustrial land uses and character.
599 .552 To implement the buffer requirements of this district, minimum setbacks for heavy industrial buildings and accessory
600 structures shall be established consistent with the following options:
601 (1) If a planting screen is not provided by the industrial user and no natural vegetative screening exists, the minimum
602 setback(s) shall be 660 feet, as measured from the edge of the district boundary. The setback area may be used for security
603 roads, parking, or open space.
604 (2) if natural sight -obscuring and dense vegetation exists, the minimum setback(s) shall be 250 feet, as measured from the
605 district boundary; provided, that a minimum width of 50 feet of natural vegetation is retained. The remainder of the
606 setback(s) may be used for security roads, parking, or open space.
607 (3) if a 50-foot buffer planting screen is established, pursuant to WCC 20.80.345, the minimum setback(s) shall conform to
608 the setback requirements of WCC 20.80.200, as measured from the district boundary. In addition, security roads may be
609 situated within the minimum buffer setback; provided, that the 50-foot-wide buffer planting is established.
610 (4) When a parcel situated within this district is located within the Bellingham Urban Growth Area and adjoins an Urban
611 Residential District or residential district within the city limits, setbacks for heavy industrial buildings and/or uses shall be
612 increased to 100 feet and landscaped in accordance with the requirements of WCC 20.80.345.
613 (5) In no case shall the setback from the northern and western boundaries of the Cherry Point heavy industrial area not
614 contiguous to another industrial zone be less than 660 feet, nor the natural vegetation removed except for parking and
615 security or protective uses.
616 .553 Uses other- than heavy industrial will conform to the normal setback requirements as set forth in WCC 20.80.200 and
617 20.80.254(3) and the buffering requirements for light impact industrial uses WCC 20.66.551.
618 .554 if any part of said buffer area is separated from, or sold to any contiguous or adjacent owner, lessee or user, the parcel so
619 separated or sold shall be used only as a buffer area in accordance with the above requirements. (Ord. 2019-013 § 1 (Exh. A),
620 2019; Ord. 2018-006 § 3 (Exh. C), 2018; Ord. 99-078, 1999; Ord. 97-057 § 1, 1997; Ord. 96-046 § 1, 1996; Ord. 89-117,
621 1989; Ord. 87-12, 1987; Ord. 87-11, 1987).
622 20.68.600 Sign regulations,
623 Sign regulations shall be administered pursuant to WCC 20.80.400.
624 20.68.650 Development criteria.
625 (Ord. 96-056 Att. A § Al, 1996).
626 20.68.651 Landscaping.
627 Refer to WCC 20.80.300 for landscaping requirements. (Ord. 89-117, 1989).
628 20.68.652 Off-street parking and loading.
629 Off-street parking and loading provisions shall be administered pursuant to WCC 20.80.500. In addition, loading areas must
630 be located in such a manner that no loading, unloading and/or maneuvering of trucks associated therewith takes place on
631 public rights -of -way.
632 20.68.653 Drainage.
633 All development activities are subject to the stormwater management provisions of WCC 20.80.630 through 20.80.635. No
634 project permit shall be issued prior to meeting those requirements. (Ord. 2019-013 § 1 (Exh. A), 2019; Ord. 96-056 Att. A §
635 A2, 1996; Ord. 94-022, 1994).
Hm
636 20.68.654 Driveways.
637 Consistent with WCC 20.80.640, driveway plans shall be reviewed by the county engineer or State Department of
638 Transportation, as applicable. (Ord. 2013-057 § 1 (Exh. A), 2013; Ord. 84-38, 1984).
639 20.68.655 Access.
640 Access shall conform to the provisions of WCC 20.80.565 and 20.80.660. (Ord. 89-117, 1989).
641 20.68.656 Maintenance.
642 The owner, lessee or user shall be responsible for maintaining an orderly appearance of all properties, and shall be
643 responsible for assuring the care and maintenance of any natural growth, where appropriate.
644 20.68.657 Enclosure.
645 All manufacturing or fabrication processes which have the potential to produce off -site impacts of a detrimental nature,
646 including light, glare, odors and noise impacts, shall be sufficiently enclosed to mitigate the impacts. (Ord. 99-078, 1999).
647 20.68.700 Performance standards.
648 20.68.701 Pollution control and nuisance abatement.
649 Each industry is required to continuously employ the best pollution control and nuisance abatement technology when
650 reasonably and practicably available for each particular industry; provided, that where federal, state, or regional laws or
651 regulations provide for the level of technology to be employed, the appropriate standards shall apply.
652 20.68.702 Heat, light and glare.
653 All operations and facilities producing heat, light or glare, including exterior lights, shall be so constructed, screened or used
654 as to not unreasonably infringe upon the use and enjoyment of property beyond the boundaries of the district.
655 20.68.703 Ground vibration.
656 No ground vibration other than that caused by highway vehicles, trains or construction activity shall be permitted, which is
657 discernible without instruments, at or beyond the property line for the use concerned.
658 20.68.704 Odors.
659 No odors, dust, dirt, or smoke shall be emitted that are detectable, at or beyond the property line for the use concerned, in
660 such a concentration or of such duration as to cause a public nuisance, or threaten health or safety, or to unreasonably infringe
661 upon the use and enjoyment of property beyond the boundaries of the district. (Ord. 91-075, 1991).
662 20.68.705 Noise.
663 No use in this district shall exceed the maximum environmental noise level established by Chapter 173-60 WAG (Ord. 91-
664 075, 1991).
665 20.68.706 Toxic gases and fumes.
666 Any release of toxic gases or fumes must be in compliance with Washington State and Northwest Air Pollution Control
667 Authority standards. (Ord. 91-075, 1991).
668 20.68.707 Liquid pollutants.
669 Thee shall be no off -site release to soil or surface drainage sways of water borne or liquid pollutants. (Ord. 91-075, 1991).
VA
670 20.68.708 Appearance.
671 New facilities developed in the Bellingham Urban Growth Area shall be designed, constructed, operated, and maintained so
672 as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, and such
673 uses shall not changc the essential character of the same area. (Ord. 2018-006 § 3 (Exh. Q, 2018; Ord. 99-078, 1999).
674 20.68.709 Marijuana odor.
675 For indoor facilities no odor or smoke shall be emitted that is detectable at or beyond the walls of the facility, in such a
676 concentration or of such duration as to cause a public nuisance, or threaten health or safety, or to unreasonably infringe upon
677 the use and enjoyment of neighboring use. The applicant shall install an exhaust system that is designed and constructed to
678 capture sources of contaminants to prevent spreading of contaminants or odors to other occupied parts of the building or
679 surrounding area. The system must be designed by a licensed Washington State professional engineer. (Ord. 2015-006 Exh.
680 A, 2015).
681
682
683
684
685
686
687
688
689
690
691
692
693
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706 CHAPTER 20.74 CHERRY POINT INDUSTRIAL (CP) DISTRICT
707 20.74.010 Purpose.
708 The purpose of the Cherry Point Industrial District is to implement the policies of the Cherry Point Major Industrial Urban
709 Growth Area section of the Whatcom County Comprehensive Plan by establishing a range of land uses and types of
710 development appropriate for the Cherry Point UGA and to encourage large scale master planning of industrial sites to
711 preserve sites of sufficient size to accommodate major port and industrial development. (Ord. 98-083 Exh. A § 57, 1998).
712 20.74.020 Applicability.
713 This chapter is applicable to the entire Cherry Point Major Industrial Urban Growth Area. (Ord. 98-083 Exh. A § 57, 1998).
714 20.74.030 Permitted uses.
715 (1) Primary permitted uses:
716 (a) Area south of Grandview: Uses shall include the range of port and large scale industrial uses allowed in the Heavy
717 Impact Industrial District, Chapter 20.68 WCC, as well as large scale high technology businesses.
718 (b) Area north of Grandview: Uses shall include the range of port and large scale industrial uses allowed in the Light
719 Impact Industrial District, Chapter 20.66 WCC.
720 (2) Secondary permitted uses shall include smaller scale industrial uses, nonretail commercial uses, and industry -related
721 professional services, provided the secondary use supports or is supported by primary permitted uses in the Cherry Point
722 Industrial Urban Growth Area. (Ord. 98-083 Exh. A § 57, 1998).
723 20.74.040 Accessory uses.
724 Accessory uses shall be the same as those permitted in the Heavy Inpact Industrial District, Chapter 20.68 WCC. (Ord. 98-
725 083 Exh. A § 57, 1998).
726 20.74.050 Conditional uses.
727 Conditional uses shall be the same as those permitted in the Heavy Impact Industrial District, Chapter 20.68 WCC. (Ord. 98-
728 083 Exh. A § 57, 1998).
<() .()`;!5 Prolilbiied uses.
730 Pioltihitcd uses �,,hajl be the same as tho"e prolnibited_in the Light ]nnh)ict jlld ,ti i iI Di,)l ict (Ch wlcr 20,00) ind the l llc<l .v
731 lnnrut Indu tri tl Lh _t,ric! (( I_Li tc 20068 WVC). as anplic i1fle. and the follov ir_>__ — —
732 (1) V_cw his rs. do(,ks__or vdl� lrvcs.
733 �'� C m cr, ion of '.et)c. v lhlc,I ucl Ridirrcry or Rcne�y� ibj ucl C� nnss� 2imci:t 1 4.11ity to i I ossi,I I 'Lie] Re fi �c_r,, of l�ossi1
734 I u_L.T�
735 20.74.060 Master site plan requirements.
736 (1) Development in the Cherry Point Industrial District requires the review and approval of a master site plan, including
737 SEPA review. Acceptable master site plans include site plans and supporting information submitted and approved for
738 applications for a building permit, a short subdivision, a preliminary plat, a binding site plan, a major project pernnit or a
739 planned unit development.
740 (2) The minimum area for a master site plan (planning block) shall be 160 acres, or the entire prope-ty under common
741 ownership if the common ownership is less than 160 acres.
W*A
742 (3) Each planning block shall include one lot of not less than 40 acres in size to be designated as the site for a port or major
743 industrial activity; provided, that if the planning block is 40 acres or smaller, the requirement for the major industrial site
744 shall be waived.
745 (4) Within a planning block, one or more parcels smaller than 40 acres may be created for secondary uses
746 (5) Review and approved of a master site plan for a planning block shall be included in the approval of any building permit,
747 short subdivision, preliminary plat, binding site plan, major project permit or a planned unit development and shall be subject
748 to the same review and approval standards, including SEPA review, as the plat, binding site plan or permit. Each master site
749 plan shall identify, as appropriate, the proposed phasing of the development including the construction of public and private
750 facilities and utilities. The master site plan or supporting documentation as appropriate shall also include any mitigation
751 required under SEPA and the county critical areas ordinance. (Ord. 98-083 Exh. A § 57, 1998).
752 20.74.070 Minimum lot size and parcelization.
753 The minimum lot size in the Cherry Point Industrial District shall be 40 acres; provided, that lots less than 40 acres may be
754 permitted as follows:
755 (1) When the lots are to be located within a development approved as a major project under Chapter 20.88 WCC consistent
756 with the master site plan requirements in this chapter.
757 (2) When the lots are to be located within a development approved as a planned unit development under Chapter 20.85 WCC
758 consistent with the master site plan requirements of this chapter.
759 (3) When the lots are part of a short subdivision, long subdivision or binding site plan approved as consistent with the master
760 site plan requirements of this chapter.
761 (4) When the administrator finds that the lot(s) will be developed with a use(s) that is consistent with tine intent of the district
762 and will not interfere with the development of the primary large uses intended by the Comprehensive Plan.
763 (5) When an existing lot of record is less than 40 acres, provided further division is consistent with this section. (Ord. 98-083
764 Exh. A § 57, 1998).
765 20.74.080 Design standards.
766 Unless otherwise modified by this chapter, building height, setbacks, landscaping, open space and other building and site
767 design standards for areas south of Grandview Road shall be the same as those of the Heavy Impact Industrial District,
768 Chapter 20.68 WCC; and for the area north of Grandview Road, the same as those of the Light Impact Industrial District,
769 Chapter 20.66 WCC. (Ord. 98-083 Exh. A § 57, 1998).
770 20.74.090 Traffic demand management.
771 RCW 36.70A.365 requires the innplennentation of traffic demand management (TDM) programs for designating a Major
772 Industrial Urban Growth Area. Any employer in the Cherry Point Urban Growth Area that employs 100 or more full-time
773 employees at a single worksite who begin their regular work day between 6:00 a.m. and 9:00 a.m. on weekdays for at least 12
774 continuous months during the year are required to meet the TDM requirements of Chapter 16.24 WCC.
775 (1) Employers located in Cherry Point who have not implemented a TDM program shall implement a TDM program by
776 December 1, 2011.
777 (2) Employers in Chevy Point meeting the criteria for having to complete a plan after December 1, 2011, shall meet the
778 requirements of this section within one year of having met the criteria. (Ord. 2009-071 § 2 (Exh. B), 2009).
779 20.74.100 Drainage.
780 All development activities are subject to the stormwater management provisions of WCC 20.80.630 through 20.80.635. No
781 project permit shall be issued prior to meeting those requirements. (Ord. 2019-013 § 1 (Exh. A), 2019).
782
783
20
784 CHAPTER 20.88 MAJOR PROJECT PERMITS
785 20,88.100 Major project permits.
786 .110 All major developments shall, prior to any construction, obtain a major project permit.
787 .120 A major project permit will be required for mitigation banks proposed in accordance with the provisions of Chapter
788 16.16 WCC and for any proposed development that meets any two of the following conditions:
Cost
(estimated construction cost exclusive $5,000,000
of land value)
Size
Retail 75,000 square feet
office or industrial (gross leasable 200,000 square feet
floor space)
Residential 300 dwelling units
motel/hotel 200 units
Number of f mployces 250
SLPA Review An E1S is required
789
790 In addition.. the zoning administrator may make an administrative determination after receiving a recommendation from the
791 technical review committee that any project be considered a major development, if in the opinion of the administration it is of
792 a nature that council review would be appropriate.
793 .130 Pursuant to WCC 22.05.120 the hearing examiner shall recommend to the county council project approval, approval
794 with conditions, or denial, based upon written findings and conclusions supported by the evidence of record. The
795 c:.1;.ttt.inci recommendation an" c>unl col ucil s Jbcision shall determine the adequacy of a major project permit application
796 based on the following criteria:
797 (1) Will comply with the development standards and performance standards of the zone in which the proposed major
798 development will be located; provided where a proposed major development has obtained a variance from the development
799 and performance standards, standards as varied shall be applied to that project for the purposes of this act.
800 (2) Where the project is conditionally permitted in the zone in which it is located, the project must satisfy the standards for
801 the issuance of a conditional use permit for the zone in which the project is located.
802
803
21
804 ) I'i,i,i to,c..c n)nu nc c:mc nt of an .,r,tc..,pi c1 n'lt,rou or con,i1,11 ct.nn c U._;ruc s c.:l.11 ul>t nn, r f i e,gi,l.i.i < <I r ;t rtc rnl,irllic I nds.
805 case. anci all othcr necc.sslry pCi-mil consultation, and ItlthorizauonS..iilcludilW f .dcral_dctcrmrnnic»r-._thitt tlic picket w"ill.
806 ]1ot_iIIICI (c, c kith t c tt� Ilshin��. riehis of tr ib_tl_r,i ttionw,_t �_liil_t.s ct _lrth t l the_. At ha_olj �t1.1 air �t»: � undcrc t_ � C.
807 �'76(h) (2004). Section 10 of the Givers and Harbors Act (for ,,Inichires ill or over nilvit�ablc \v ltu,� cif tl c the Coastal
808 /oilc_ljrniflcnicnt Act includini- rny state Departmcnt of 1"coloiw Shorelm�. colldition<ll risc._ol ur ncr,_ipf�ion r1) t,heCl _can
809 ii ='act rnd'or under the Clean �> ncr Act. ureluc1111O >utnot l.i_mricd to....t (ecler 1.1 ` cOlon 1N :luthorr" tiou (lor._till,rnto.
.... ....
810 Nvatcrs of tl)c l' S) and a state Section 401 \N-atcr quality certification_
811 (4) Will not substantially interfere with the operation of existing uses.
812 (5) Will be served by, or will be provided with essential utilities, facilities and services necessary to its operation, such as
813 roads, drainage facilities, electricity, water supply, sewage disposal facilities, and police and fire protection. Standards for
814 such utilities, facilities and services shall be those currently accepted by the state of Washington, Whatcom County, or the
815 appropriate agency or division thereof.
816 (6) Will not impose uncompensated requirements for public expenditures for additional utilities, facilities and services, and
817 will not impose uncompensated costs on other property owned.
818 (7) Will be appropriately responsive to any EIS prepared for the project.
819 .140 In addition, the hearing examiner may recommend or county council may impose any reasonable conditions precedent
820 to the establishment of the major development as may be required to mitigate impacts of the proposal on the natural
821 environment of the county, and to protect the health, safety and general welfare of the people of the county consistent with
822 the policies for environmental protection set forth in the Comprehensive Plan. .1 he -...cnty deci5ro ..n m_<...I cr may_.. 3npto��e_a"
823 Rdmo roicct i)crmit with a condition to obtain relevant Ic rses and complete any ncc cssary federal and state permitting
824 qui,l„<. nx nts,,,c}nd m t_y restrict the maj_ol project per mitts c 'fr �lh, raider 1al.u�h, si.tc pi c paratio1l or. Constructs-orl acti.��rtic-S tlntil..lt..
825 1"1as fulfilled that condition.
826 .150 The hearing examiner may recommend or county council may also approve alternative mitigation plans for major
827 project permits in accordance with WCC 16.16.260(E) which may be used to satisfy the requirements of Chapter 16.16 WCC
828 and provide relief from the specific standards and requirements thereof.
829 20.88.200 Procedure.
830 .205 if a major project permit is determined to be required, an application shall be completed and filed along with the
831 appropriate fees, and the application shall be processed in accordance with Chapter 22.05 WCC. A master plan is required as
832 part of the application for a major project permit. The master plan document shall include all elements required per the
833 department's administrative manual.
834 .210 Development Standards. The mu-ster pl � nin lO , pl_cnrct pc°rinit may propose standards that will control development of
835 the possible future uses that are in addition to, or substitute for, requirements of this chapter. These may be such things as
836 height limits, setbacks, frontage, landscaping requirements, parking requirements, signage, view corridors or facade
837 treatments. Proposed standards that do not meet the minimum county standards must obtain the appropriate variance prior to
838 county approval of the proposed standards. If the proposed design standards will apply to property located partially or total ly
839 within an urban growth area, concurrence of the affected city will be required.
840 .215 Procedures `1 r,,t: Pl to rlcai ,171 review shall be conducted under current review procedures. Other land use
841 reviews may be conducted concurrently with the iniiFkAe p t�i , Io prcjcci hcr:mit._review.
842 (a) Any modifications, additions or changes to an approved master plan are subject to the following:
843 (i) Minor changes shall be reviewed for compliance and compatibility with the approve(] " ""t _. t 1...:.... j ? '"� r, t ca 7to c.tc
844 91'illll.
845 (1) A determination is made by the director. The dii cctol" icut roe izcc o c oll tin d ti'd 11 u< rl conimilWe_at
846 his her discretion.
847 O :1-1inor chrm2cs arc those amc»<lme�rts ���hlcll n��_r[(cct the" dimci-sior.s. loc ri,urn -- t�"1 c_of
848 tniplmcicrlts of(cliicspovided, (inencuncrtfis ;iu the ha � cLcircu, �fthc.niajopio].Cc1n._..m ... ..._. _
849 pcii»rt i1nolic<rtion a>frrmcd"I,v the_coiltM council including i�cna�al t�p� anil 1 0 r.._oan_I_
22
850 othe] land use ativ.i,tics iu �>>>cmC.I)i;o[ b[{iI(IiI12"'. �IClIsity oI,IIIc do}.,eIopnpcn,t..1ndpi, visioilsofthe
........ .... ....... .... ... .......
851 tffolect ,o meet de.n itv bonus uw o.pcn spy we rcquilvimnts. or.....C....�..I..p1a.1..cit\ limits. and 17ain sins required
......
852 conditions or mitiLation.
853 (ii) Major changes shall be subject to the original procedural application type, subject to the fees as contained in
854 the unified fee schedule.
855 (iii) l'Aastc>:r=-p�-Ja+�s!l,<3j,��r„p,i.:oject_nerini.t_s may include, as a condition of their approval, a requirement for periodic
856 progress reports and mandatory updates on a predetermined interval.
857 .220 through .265 Reserved.
858 .270 Where a project requires a major project permit, that project shall be exempt from the requirement of obtaining a
859 conditional use permit.
860 .275 Major project permits: Where an applicant has applied for a planned unit development or a development agreement, that
861 project shall be exempt from the requirement to obtain a major project permit cacept in the C;herry Point Industrial District.
862 .2, 0 Major project permits in the Cherry Point Iulustrial Distr ict: where a project in the Cherry Point Industrial District
863 ptotcct permit..the m _joy. lxoj_cct pc� �a t sh _IIl. be c oily ul-rcntiv p oces. ed with other iequ.nCd ] and Use p_crrnits
864 inc ludiiw but not limited to planned developnIciat pi de vcdopment._ w'Cement.
........ ........ ........ .............
865
866
867
868
869
870
871
872
873
874
875
876
877
878
879
880
881
882
883
884
885
23
886 CHAPTER 20.97 DEFINITIONS
887 2,0,A,` t 60 2 �l t. Et.
888 Fos"I I,ic..;. :del-s to ] -,d o m o;l conll)oi. [ cls aiid,c C3mpositc's formal I)s ft ITS ! j c.;Cl-- t_+5ti; 7.0 1n1 tip
889 cmainS of_olgamc mattcl. Ihcludln« belt not hn.nted to_cm I pet olei,lnt._plodhicls. and byhlodUCIS, crude oil lntertliLcll ltC.
890 �tatcrials (such as un{�inished oil, and blendstocl S). natul3l alas. oil shales. bitumens. tar sands. liquefied petrolcunr ases.
891 Zn_ojranc bLlmI)cn d lu iv oily Rene wable FlIc�ls are noil Fossil hurls.
893 A " o>si1 1:1lei IZc lc ' �s an entire complex. con SistillL. oP iIS individual unit,. cguihment. or onent . V,I]ich in
894 ..cn!aWICS0rimnilvIII c<clvin�L,and com-cihnn(o�,SilFuclSintgplodllctSinclu<iiriL)b_titIRA lillitEd.to._!taS'ohne,
895 distillates Such as diesel fuel and.hr_atin<.> oil_ let Fucl. t)etroc11cmlcal.fcedstockS. waxcS. lubricatino oils. intermediate.
896 Materials. In,d....i,plml_t._I,osSrl [..uc,l_Refincr,�� uSeS ir)clucic, but are not limited to: _recei inn 1'ecdstod s, bulk s1gl,atre.:.
897 marrrrl'1CWI'm�1. m procesSi1w of, ,l ossil. I llels. hitcrnledi ate mal rI_rls or by)roducts. and Shimlicnt ohthosc.r�rocc s-Sed
898 materials to do��nslicam cust_ornc r S . The iollo_��',im)- icti� Iric S do not rclide j,Fossil,I uel Rc liner v i Fossil File]
.... .......
899 lransshl1l.l,ncllt{ u:il,t� {I)u�.[cI Iclihel.ysh;l)mcnt,o,l'_relined_ hloducts..tncl...Intermcdiat,c Mltteri,.ilS.5uc11.iSt,f,nfl.n.IShcdo,i,.,l„s
900 and hlcndstocks. Fuchs Scenarios v01cre contini>eneies require Fossil hulls to be
901 mop ccj,. and (ii_i) ncc_�S , u r 1 o Sil i ue l_s. h 3 ISCUS durillU tut a hounds ol,;, m auiten lnce vier rods This dc.t Ilion sh ill c xc,lt,ldc
902 Small FosSil or Renewable Duel Storalrc and Distribution hacilitieS.
903 .97_.16 ./'s Fossil Fuel Trgnswh1,p_.�nqn c �Lq[rmoo
904 i o,sil FUCI Ii IlSSII irrr_rI_'Facilr 1" is an entire complex, consistin�u of its iudividual unit, equipment. or coIjRonents.
905 �>,�hich....in wylirc� itc enR,a�:es_,primal i_I_v III the..tnoccSS of off Io1111111.1 a_dnl� F;osSd .. ucl.5,fi�om one oi� more modes of sl)i.1)mrnt..(.. e.,
906 rail. truck. pitrc]_mc ctc then storimi and/or loadin�z Such _ Fossil Fuck �.vithout processinu? throurrll i, Fossil Fuel Rcfinorv.
907 onto another mode of'shlpment to be transpor,t,ed.outside of the_deskm tcd zoning d_isttict hound IIiCS Such aS the C hrl.l y
....... .. .............. . ......... ............... .......
908 Point Industr_i.al District I hi;_tIc fnution Shall exclude lude_Sm ill Fossil oi- Reiiewal7le F.uel.Stoi we_and Dist;ributio >.._l, WiliticS.
910 G ccl)housc1 Gas l.e.li_ S o:3,�, 'it4 it : gases s i ¢ _i to I.c;at II the i'l r Ic snh i e ' (_1[cCnhOLISC ( lS I l elihoUSC � Iscs. tJl_l.t ,.....
......
911 and GIIGS'.,.i,IIdLId I c Iibon d.iOvic!c,._n71_thine.:.nl OLIS,ovldc,.!Wdr_oflurnoc trholls perfluorocarbon5 and still r._hcmill_toridc_..
... ...
912 and,anv otlicr ,m , o� <_r,��cs ac si !i ,.tcd b) the �fecl,cI it cle=m iir act(t nited I)tates Code Title d2.. C h iirtc,i S5l ,I<Itc Ic_mn_il ict
913 (Clrtcr70 I�IBC!'d)_o,c_<t(c.lirtitm<rccnhoust�ascnision,lav"(Chapt_er70A.s5ROV)ofallydicct-unu�cdl_)_s�
914 p ovl _lolls of"sI Itc. of ('cc41n1 1„t1v\.::_
915 flu E;7f r 01�;t €OFF[.
916 intcui �imc;c N/mtci� is refers io icfii,cd o,• paitrlIl lv Icn�cd I-o;,Il Duel I)roductS That re aprgduccd pit a lcfrncly_uv
917 PI )cc_; iwI .hide it al_1 + otlut:...1)(11olcum bised, (ccd5loclvs hlt_c in uc,._t�urlhcl .ploccsse.d. riMILICc IcFincd i)Ioduct, n OdWl.
.... ............ ..
1111.1.1
918 blcndin_< <unir)c,ncl iy. l n�lc. thI clInitioll ictci tock_; tuci� a,_._ opncd criltic".. lvnot ln,icrmcdi itc t_itt-�r l5,
919 20
920 l "'4 ' �iJ ti a» i� )� llc n" rile iir� 1,C_ �C (il dllUlV 0� l�'t'ni70U`,e >a,._( ml,Srons (Includi disc t C IIS,�i)11.7.
�.. i. l i.a;: it C SC ..
.. _, .. ........
921 and sii�niilrant nd rcci c.ml ;1011!4 ic;lalcd to the null 1'uc I Iif'cc:vc:lc, ,iIIcludin,:a11 st�ot (ucl_and lcc(IIscocl_I) roinl,ction_z3nd
922 dl trilutl�>n. f.l.:om hailsloc .�,r�rnI�ili,c)Irol xi�,acr on_Ih ors ,l:l._thc distrI_bllllon -imd deln.ci :.❑id,_u. c of tlae. Imislica luc.l._t.ti...thc:':.
.. .. ... ..
923 ultimaic colisui r:, V.vh I( nc� nI IS, value, for a!I �Irccrihqurc r.,scs i�c' adlu tccl to account For the i is hti� c l))ob )' �� rmi 11
924 potel filth_,.
24
2Q.9723,CAfiv'no,t_�e' 'I)de925 .....
C ( ru, I'lln num I wl oi, I S If i 1 11' th
926 NA1 j.,,J.in ul nA! i nk),,�phcj dc Dislil;_atitm CC' ov NAACDC" is tile ln'�' ; . . .... 1_ic
927 1.....11 1iO-sD 1hff1-1-11i.1c, d 1,St- ..l...I..M........i..M...I......unit. can p.i...o.....u........s....... \� i I .Iill i 119m.,. p.e....r...iod........N..y....l....icii 1-u ...,...I...I. I w?11 .�..1..1.................... I __...t.....m...... .C...lp'Ij-tvMaxi Ill..i.t III....c.....a.. m.i..c....i_is
.... ...........
928 defled Is ihephysicsilcowslraints oftic "tmosphericcktillmiolP( sccw.w"et Is determine a profcssjonal cm, licer
...........
929 licensed in the c' Stitof, \VMash;n�,ton and shall be measured in bm-rcls oc)- day.
......... . . ............. ... ...... . I . ....................................... .............
930 20.97.230.1 Maxinriu,111 -frqn,-- �him�enf C�q- gity
931 The C'11cul2li011 OfN4L1XiMLIIII I'l-MISshipmClIt Capacitv shall be Col dUCtCd by a prolc�.,,Joiml cmine r ticensed in (lie '�'wtc of
........................................... I ........................ I ........................................................... .............................. .................... I ................................ - ..... .......... ). - . 1— 1.11.1-- ....................... 1.1.11.11 ................. ........................ ....... .... ........................................... - ...............
932 Washimiloll and shall consist ofone or a combination of the fbllo\vinL� limitations:
933 IMIXiMLIM OlIvsical limit oft 1'acilitv's capacity.:for off-lmldillt� FOSSil FLICIS f)-011l OIIC Of 11101-C MOdCS Of
.................... ........... ........................ ....................... . .. ............................................................ ............. - .......... ................................ -1- .............. .......
934 _Slj1ir)mcIlt (i.e.. rail, truck, ptpelirtc etc then " wilhout pros CSSIM-) 1111-01,101 1 StOl-ill(-' MIC1101- 10-,Idilll_T Sikh FOSSil FUCIS,
. ....... . ....
935 1 o"Sil Fucl Refillerv. onto mloiller mode of'shipment to be trawsi)ortcd outside oftlic dcsiunatcd /oning district
-v Point Indusu'al Disu-icl,' based on flic mcil
936 )undarics such as 111C Chen ........... ... .............. %1Y S v c Foss: I . ............. !.Ijj�jm ohvs:cal imi's lo mo
............... ....................... ............... ...................
937 fuels FrOM the receipt points of all its inllts_ofall its outbound Shil)II-Icill
938 !jIlcthods. includijIL, 11 111. 11chl ]it)'-) but not limited to
.................. 1111 ............... 1�1�11.)_tc. [Iles 01, 01.11el physical attI_ihLItCS 01'111C. faCj.li.IN'S.Cqtjj�M0 i
........... . - .................. ............ ..... . .......................................................... ... ..... .... .. .... .... .....................................
939 eapachic" of..
940 (i) lo'c"ding Cquipment:
............... .. . ....... .....................
941 ecluipment.'
........ ...
942
943 O.v) ......... bulk
944 t_VL_U)i �6111_1 01-
945 (V i) .......... any combination ofthe above.
........................... ........................ 1., 11-1.11-11-11-11.1--1
-I he camicitv cacuaon SImll excue
946 lltild-,It) C Ili )MCM jIISt-,IJlCd with a permit condit-in tharohibits that coupili icilt
------- oprohibits
Ji-0117) bCill.") LISCd ['01
948 (b) Shipmcni limitations imposed by COMM'. ")I81C 01' Fcdcral itithorilics that call be dcjllonstr'�tcd by the anolicant to
..... ........ ................ .......................................... ...................... ................. : ..................... I—- ........... ........... ...................... - ................. ....................................... � .......................................................................................
949 --------- -- mMNAl 210UIt of FOSSil Fuel sliipmcnts
"Itits I'acilm/. If mly Such limitations 1,61-11) the
. .. . ......... . .....
950 IM.,i; Of�l I I-misshipmem Camlcitv Calcul'-Ilioll. then aliv future incrt"I'Scs ill fossil hic! shmmClIts above
..................... Capacity ................ ....................... .........................
951 11 ouC. pi... v...i. .o.....usk ,unposed ....l..i..l..i..l...S ...\ViO..L..d.....d...constitute .......l........mere ..a....s....e.......i.....l.....N/..1.....1..x.....i...m...0..l...).....T.......r.....m.......ssh..ip.m.......cl.t ....(...._.....I..m..i...c. i..t.v.
......
952 - -------
953 Nim-wSs" kut, �S nol hm�ucd -M the 601
................. - ............... ........................................................ ..................... -1-1.1 ...... ......... I ..........
954 1) Plan"cd cloj)s and CI-01) I CSidi1C lI1'II-\1CSICd Il-0111 WI_iCLIIIIIIIl kffld.
955 111aIlicd llccand 11-0c Icsidile Imill a 11-ce Iflaillatioll.
— -----------
956 (3) Aniimfl vva,,tc mal,nal and animal hvpjvdLIc1S.
957 SL;�'h gild prc-(oll-Imicl-Cmd lllinml�'s.
- ----_-------- - ------
958 (_5 I 01-!?�mic matte r that iI\ lilhlblc ol) a i clicv,able or rccm'rinf.) )"'si';.
......... ....................... .... ... ........................... ........ :� .................. ... . ......... ...............
959 6
11 .) A ....
960 (7) Scmutedvai d \\a'�t�� of 10od ilwhldim� 1-ccvc1cd cookin�i �Illd tim)
- - - - --------- ----
961 8) ItcIlls 1 1111 mwh -� iliclildin!) �111\ iwidc')Iml. de minims cojllt' 11tim111ts timl �il c impf i ctic�dj to I CIIIO\ C acid �11 c lvl�ll(!d to
11 ............................ ...................... - .............. - ........ . ............ _ .................................... 1 ......................... ... ............ ........... ............. .......... ........................................... - ...........
962 cuslollmry fCcdswcl. moduclion .and
... .... .. .
25
963 P, o„
964 R.)tc- rh is t"trcl" nrcams liouid or s?ascou" ftl,elS hrotau cd From lcricwablc ,bioll tss woody biomass or landfih,.,w a.t and
... ....... ....... ........_.....
965 lu ritc�d_in te_rn1s o%hlelldin�=_ �.rirh lossi_I_fuck. f: Ilemihlc fuck shall also nreludc (uclti m-oduceci_1rom rene�vamble c1cctricity
966 nrcludim, h\dromen and s�uthci.ic Iuc1S,_ (om,nion rcnc�� rhlc.._CticlS inctu,cic cihinol,ren t)r rhIc d-icScl and hiodicsel.;.
_.
967 (li 1. 5 motorfue-I" irieans,att....iltellia{i,ve lu_c.l__t,hat is'i hlc.ud oI'cthano.l_ tIId IIv(I,r_ycarhori of wl) ch the-et;h,11 lorh.on is
968 nominally seventy -live to cig1 t y-flvC 1)cr cent denatured fuel ethanol 1)v \1 oltmae that comt7hes with the nrrost recent version of"
969 American society of testing and materials Specification D `;798.
970 ). "Realc\vahlc diesel" _ means a diesel fuel substitute produced from norinctrolcuna rcneli ahlc sources, includinkt_ vegetable
971 oils and animal fats. that meets,.the reli.stratioia_)ccluircm_ents for (uc is zind fucl_additives_cst established by file federal.
972 environme-nt�al.rotection a�acncv ill 40,C ode of 1 cdc-ral Rey> atrons (C.I R _Part 779 and meets the ]cqutrcmcLi s oi'Airierican
973 Society of tcstilw rnd nrlterirl,s,specrf,i,catlon 1) 975...
974 (3) Renewable tuels shall include those.dcSiLIHCd to res_ult.in a lifee c le,_ta;rcc;nho.use aas._cillission reduction of atleast ti0",o or.
975 more under the Federal Clean Air het. Renewable fuels shall not include products 1)rOdUeed fiord Malnr oil or other
976 feedstocks that cannot be proven to reduce greenhouse w^ s_crnissiolls utilir.ina accepted methods of the M'ashir-moll State
977 I)pai-tmc>it of l cology or US._l P 1_,.
979 A, RencwahIc I cl Refincry" me trrs a i r i;it� t�.�e.t ;rocemcs org).odrrccs r n , ;t:31e t"t€clS. This it f.sriticr r excludes Srn,all
980 Fossil or Renewable Storal=c,, and Distribution
......... ............ .......
981 20,97.340.6 Renewable Fuel Tram:ysh p��$c U
982 Rarey rl� e Fucl r.:._sshimlie€,tF cility iI'lls all entire:._complex. consistinaof,its,lrrd,iyrdUal units.. cquil,)tnent, or,components
983 which ill a<> negate engages primarily in the process of'o{f-loading Renmyable Fuels and/or Rencwable Biomass from one
984 mo(le__ol s1111_lii_pment (i.e. )ail, truck. pipeline. etc.) therl_stor ill and of loading Stich fuc,ls.._without processimi throtiuh_a
985 Renewable Fuel Rdi icry of l.ossil,l Fuel Rel-Ille ontt)...arrother,mode oi'shipmerrt to. be tr l-ISI rtcd outside of tlic desi fgnated.
986 zonilw district boundaries. such as the Clierry Point irndus_tiial District I'his definition shall exclude Small Fossil or
987 Renewable Fuel Stozic and Distrbution Facilities.
........ ........ r..._a-_ .
"lC`� �d fix` 5.1 Snpall_�'ossil o �; ere v f;:_i��.l,; � � �;h&�rfi e,i ck6 � Dis tabufi ate° � acilliifies.
988 _ __... _ .
989 _Sniutll=ossilOrRena.,able_FLICI.SiOl<fcanol'Distri._a€tionf_�ct_l_riti;s means:
990 'I hJuilrnrcrit...uid hu.il,di'm used for._t)_uil o cs„c .dne-cl �rIIC t,1di� ,l i.b_ution.to coll"umers of iossi fuck or rcnc wrblc. fuels. or.
. .... .. .. ... .
991 1'j �y_c<t s tn,�' cq.irpnicnt.tha+._sulrhicti_io _il fuels of c.rc\tblc:fuc is 1_0... rtr.on ,.i,tc allowcomr,.I,crcial or,: industri. al gpe-r.ation.
992 and that does not meet the _dc:finrtions of, It ,Sil_iue_I �cfnniv .rCllc\\°able fuel ieliiieiv_or Ic sSil or renew"Iblc fuel
993 a <lnsshrpment_f rc ihtre.s,_ - - - - -
� ;
994 f ; 7��a�,. �T ec h EPB (<
995 .t,,arn.c;t<� c;orrr.�rt: i; t ctnr�rt t! rc; cc c:c^rr r� i -. ' rrr S I dcyr rr tcrcr r s rt �.t is of .... tin......
...................................................:................................................ ... .... _.
996 Plaunin and Dew clo»mcnt.Sclyices I_)irector. c:,uo II ill ,cr a,� cn tirircrSon ilia VNIl tcom Countv nr.iblii_ orks i)uector. and
997 the A1; h rtcom County 1 le<ilth nxi_e , Diectur.
998 NOTE: Renumber ddinitimu in existing code as necessm y
26
999 Exhibit D
1000 22.05.026 Conditional use permits.
1001 (1) Application. Conditional use permit applications shall be processed per the provisions of this chapter.
1002 (2) Conditional use permits shall be nontransferable unless said transfer is approved by the hearing
1003 examiner.
1004 (3) Approval Criteria. Before approving an application, the director or hearing examiner shall ensure
1005 that any specific standards of the zoning district defining the use are fulfilled, and shall find adequate
1006 evidence showing that the proposed use at the proposed location:
1007
loos (a) Will be harmonious and in accordance with the general and specific objectives of Whatcom
1009 County's Comprehensive Plan, zoning regulations, and any other applicable regulations.
1010 (b) Will be designed, constructed, operated, and maintained so as to be harmonious and
1011 appropriate in appearance with the existing or intended character of the general vicinity, and
1012 that such use will not change the essential character of the same area.
1013 (c) If located in a rural area (as designated in the Comprehensive Plan), will be consistent with
101A rural land use policies as designated in the rural lands element of the Comprehensive Plan.
1015 (d) Will not be hazardous or disturbing to existing or future neighboring uses.
1016 (e) Will be serviced adequately by necessary public facilities such as highways, streets, police
1017 and fire protection, drainage structures, refuse disposal, water, sewers, and schools; or that the
1018 persons or agencies responsible for the establishment of the proposed use shall be able to
1019 provide adequately any such services.
1020 (f) Will not create excessive additional requirements at public cost for public facilities and
1021 services, and will not be detrimental to the economic welfare of the community.
1022 (g) Will not involve uses, activities, processes, materials, equipment, and conditions of operation
1023 that will be detrimental to any persons, property, or the general welfare by reasons of excessive
1024 production of traffic, noise, smoke, fumes, glare or odors.
1025 (h) Will have vehicular approaches to the property which shall be so designed as not to create an
1026 interference with traffic on surrounding public streets.
1027 (i) Will not result in the destruction, loss or damage of any natural, scenic, or historic feature of
1028 major importance.
1029
1030
1031
1032
1033
103A
27
1035 iJl Approval Criteria for ex ;ansion of fossil Fu_e�_,l„a:efineri_o.s....pur�su_ant..to..._WC:.�::.....2_0._C1_i.,_]...:`�..;3..._an_d,_ex„��c�.nsi.on
i _.._r_.t._..._ ............................ _._.�.....l..-- -___.. _ .W____ 1 ..
1036 of Fossil Fuel T rcanssl itDrnent Facilities pursuant to WCC 20.6,fs.154, Before _c7�o�r_ovinct 01-1 _«i2P1i ----- on, the
1037 Irecarina e:xcarniner shall ensure that an s.>ec:ific st<7ncl_ar.ds._o.f_th- z:_orb,ira_a..dist.ri.ct..._detin_in_er..._t:h,c.,.u: e.ar.c::1.
. _ _. ._ __ _.. __ ...__.........._X - C _ ,(:,i f _ _
1038 I;ulfillc-cl and shall find adequate evidence showing�t{tat:
1039 the conditional use permit approval criteria listed under WCC 22.05.0260 are met;
1040 IW W_i.thin shorelirl s n_pplicabl_e,,mC--ounijy<>vc,l_shall be_rantit �<oei�i un._ c1,. Di o c_i of a
1041 shoreline permit;
1042 c-ITI-le ar7plicant has documented to the County decision maker 1as u-I icable
1043 Li) All of the antici ated types and volumes of substances to be processed, storedor
1044 transferred in,__bu.lk__with._the pro.posed.__er.,pa,nsion�,
1045 (ii) Changes in the Maximum Transshi ninent Capacity or the Maximum Atmosher;ic
1046 Crude [distillation Capgciiy occurrinct as a result of the rp oposed expgniAon,_�s
1047 o,pl,iccal�le.;_, and
1048 iv) _ The mode of -shipment vessels tg be loaded or unloaded with the proposed
1049 qqui��ment and or as a result of the ro used expansion.
1050 The Dermit shall be limited exclusively to those types and volumes of materials or_Droducts
1051 as documented and approved.
1052 td)Insurance requirements meet the provisions of WCC 2M5.1 25.
1053 (el Mrfitration of trans�ortatian impacts consistent with Chapter 20.78 WCC, Trans orb icrtivrr
1054 Ccncurren,c.y Mana,caement, and Chapter 1 (�W2.4,_,Commute Trip„ RPclu.cti_on.,
1055 (. )Mitigation of, impacts to other services inclu_di,ng fire and CnlGr,�_2ncy_r_Ps.p,on_se_,ra,,acliJifiti�sf
1056 water sup ,,y and fire flow, to address risks created by
expansions
1057 _C'lans _forstormwater and wastewater releases have been, c7aroyccl.,
1058 hl Prior to cammencement_ar,an r site,�rep_ar,alion_o.r:....construction.._oei:iy_i_ti_'s.__cla...`rc,cess_c.r>,__stCfi.r.
. .........____ _. .._ _ _..__ l
1059 leases shall beacquired for any piers or ac:1u_atic__I_ands imnprov-�rrients,_(in d it shail hc-
1060 dernoristrated to the zonin , administrator il�rat ............ _ .
r
1061 7 rr1:r_i;._consui9_anon. rec{uircwm n?s....i_n_cltadin .._tn,l al trc_rr.i_y.--i ic,,hts or.is�c....l2,rc � isi,c„ r:s.._4?:C._t.,u._itta_c nu_son.
1062 Annendment throucah state and federal raesrrr_ittinq decisions.
1063 (i i-he Count decision maker mo_...._�.7l;�roVet:S._co_i;rri,ifi,ioi.�<:r.l..._usc._iy_eC_nni_!:....��.:.ita._<7..._c_o,n_cHic'�:1...7o. d_l�toill
_) .._.___ ....... y__- _ .. _ y 1
1064 relcevani leases and complete any nece-ssary fecleral and state perrnittincx reer;,uirern,e, nzs andnc1
1065 srrrct the conditional use_perrnr'rrec. from urrderral.ina. sii:r_.por co- -tuci_oi�c Ctivit1es.r
1066 imfll it has fulfill<-�,<.l_.._.that,condit_ion,,
1067 (•1 f1� ' I i nitre e must infor111 111e county -)c rirurhna q 'Iioriri<:s o f a chanir afore_rnontior1ed,
1068 disclosures so thai the dc�uari,ment con„_document _current_cc�(,rchy levels to c� uJ:.,- that_ l(-�.
1069 cunlulative thresholds under WC:_C_ M6,8...._i._5.3 ot.:.._A.'.%C:C 20,,68,1...:54i...ias._.5.1?.i21,ir;al; k,') 1. o e.111egil
1070 exceeded,
1071 ik)Lhc' C_oun y decision maker shall inclurle._._i_n csrry_(jr)t-.)_rural Of all C1,.r?,iDl_COfl_or1 for_crr e,-IDO s,i,orl
1072 a� r)c i 20 f 8 5:3 c r 20.6 ,8.15, 4 _a 011dirion,I ,,,ai,tI'lC, ) 1 initte e-' equip,mant shallonly I c, used, i.n
1073 thi ic,inir„rdescribed by,the prrieci ror)on nt in the arauliearion and sar>>proved in the ( rrfrit.
28
1074 The cap liccation.shall describe the irdendecl..i.l.sE......i.ncluding the i -ae of fuel to be stored and if
_...............�.....E_.p........_..........._..._._........�__...._..........._.._._........_......_...__.........__.........._._.W._..._...__,_�........__.............._......._>1-1 .W......_ ._ ._
1075 located a! a Fossil Fuel Refinery or Rencw_al)lc� F I.._R_e.(inrry,"whetlier..the equip ,nienl will or v,/ill
1076 not be usec! for tr(,11sship}i71_na.,
1077 (�j-4) Revisions. The hearing examiner may administratively approve revisions to conditional use permits;
1078 provided, that the proposed changes are within the scope and intent of the original permit. "Within the
1079 scope and intent of the original permit" shall mean the following:
1080 (a) Lot coverage and height may be increased a maximum of 10 percent from the provisions of
1081 the original permit; provided, that:
1082 (i) Revisions involving new structures not shown on the original site plan shall require a new
1083 permit;
1084 (ii) Any revisions shall not exceed height, lot coverage, setback, or any other requirements
1085 of the regulations for the area in which the project is located; and
1086 (iii) Any revisions shall be reviewed for consistency with the Comprehensive Plan;
1087 (b) Landscaping may be added to a project without necessitating an application for a new
1088 permit; provided, that the landscaping is consistent with conditions (if any) attached to the original
1089 permit and is consistent with the regulations for the area in which the project is located;
1090 (c) The use authorized pursuant to the original permit is not changed;
1091 (d) No additional over -water construction will be involved for shoreline conditional use permits;
1092 (e) No substantial increase in adverse environmental impact will be caused by the project revision.
1093 (Ord. 2020-045 § 1 Exh. A).
1094 22.05.1 10 Final decisions N " .. ,, h2U( L"[11<;wh`
1095 (1) The director or designee's final decision on all Type 1 or 11 applications shall be in the form of a written determination or
1096 permit. The determination or permit may be granted subject to conditions, modifications, or restrictions that are necessary to
1097 comply with all applicable codes.
1098 (2) The hearing examiner's final decision on all "Type III applications per WCC 22.05.020 or appeals per WCC 22.05.160(l)
1099 shall either grant or deny the application or appeal.
1 100 (a) The hearing examiner may grant Type III applications subject to conditions, modifications or restrictions that the
1 101 hearing examiner finds are necessary to make the application compatible with its environment, carry out the objectives
1 102 and goals of the comprehensive plan, statutes, ordinances and regulations as well as other official policies and objectives
1 103 of Whatcom County.
1 104 (b) Rec ul ircmcllls:
1 105 _) Performance bonds or other security, acceptable to the prosecuting attorney, may be required to ensure
1 106 compliance with the conditions, modifications and restrictions.
1 107 (u) l os I chi l�� i�:v �.�bl� Fuc l Ru and-, y_ li i <>ssi' < _Rc rj vv .lhlc l uc 11, a, r.5,h y i��ea�t acilat� ._Ilic thplic �iit Sly tll
1108 pi_oAide iwSurfllCC or O 11cl Iintl lci dl to the_3 w_ , Cll 1 lL_>_attC r]-,t b con"istcllt \A'ith_S eC111011
1 1 10 (c) The hearing examiner shall render a final decision within 14 calendar days following the conclusion of all testimony
1 1 1 1 and hearings. Each final decision of the hearing examiner shall be in writing and shall include findings and conclusions
1 1 12 based on the record to support the decision.
29
1 113 (d) No final decision of the hearing examiner shall be subject to administrative or quasi-judicial review, except as
1 1 14 provided herein.
1 1 15 (e) The applicant, any person with standing, or any county department may appeal any final decision of the hearing
1 1 16 examiner to superior court, except as otherwise specified in WCC 22.05.020. (Ord. 2019-013 § 1 (Exh. A); Ord. 2018-
1 1 17 032 § 1 (Exh. A)).
1118 22.05.1 20 and final decisions
1119 IV c1_pplicaflons. W
1 120 (1) For Type IV applications per WCC 22.05.020 the hearing examiner's recommendations to the county council may be to
1 121 Grant, grant with conditions or deny an application. The hearing examiner's recommendation may include conditions,
l 122 modifications or restrictions as may be necessary to make the application compatible with its environment, carry out the
1 123 objectivcs and goals of the comprehensive plan, statutes, ordinances and regulations as well as other official policies and
1124 objectives of Whatcom County.
1 125 (2) Each recommended decision of the hearing examiner for an application identified as a Type 1V application per WCC
1 126 22.05.020 shall be in writing to the clerk of the county council and shall include findings and conclusions based upon the
1 127 record to support the decision. Such findings and conclusions shall also set forth the manner in which the decision carries out
1 128 and conforms to the county's comprehensive plan and complies with the applicable statutes, ordinances or regulations.
1 129 (3) The deliberation of the county council on quasi-judicial actions shall be in accordance with WCC 22.05.090(4) and
1130 Chapter 42.36 RCW.
1 131 (4) For planned unit developments and major project permits the following shall apply:
1 132 (a) The recommendation of the hearing examiner regarding planned unit developments and major project permits shall
1 133 be based upon the criteria set forth in WCC 20.85.335 and 20.88.130, respectively.
1 134 (b) The hearing examiner shall file the recommendation with the clerk of the county council within 21 calendar days
1 135 following the conclusion of the open record hearing.
1 136 (c) The county council shall conduct the following within the specified time frames, except as provided in subsection
1137 (4)(c)(iii) of this section:
1 138 (i) Hold a public meeting, not an open record public hearing, to deliberate on the project application within 28
1 139 calendar days after receiving the hearing examiner's recommendation.
1 140 (ii) Issue a final written decision within 21 calendar days of the public meeting.
1 141 (Ji) The county council may exceed the time limits in subsection (4)(c)(i) or (ii) of this section if the county council
1 142 meeting schedule does not accommodate a meeting within the above time frames, or if the county council makes
1 143 written findings that a specified amount of additional time is needed to process a specific application or project
1144 type, per RCW 36.70B.080(1).
1 145 (5) The county council's final written decision may include conditions when the project is approved and shall state the
1 146 findings of fact upon which the decision is based.
1147 } 1,c1f<1.a)1,1u �.o. uis < . otl �cc 1!ily x;Cc It blc. to the )losecu_i11� ttorlic ❑iav be 1cou1lcd to lnS�11C eomnliancc
1 1... ..
1148 with the- condiiiow n i)d,iic 11ics and restrictions.
..... .1.1...... ....ro..... ....................... ..........
1149 (h„) i. o ,ilol Rcllcv,ahl�, 1 to ! ,:c ili it o1 I o sil or Rc11Cvyable hu,el, 11 it„Sl}ipmc°nt_].Ac-ilitic the aIpphc in,t_shl ll..
...... ........... ..... ....... .....
1150 1)1'oA`Ids" IlltillrilllcC 01biller ]il �illci2l 1-11)c. acccnlablc to the nrosectltlri Sl attorlwv colt Sl Stcnt v,ilh Scct;on 2._C15. 1��5.
1 151 (6) Any deliberation or decision of the county council shall be based solely upon consideration of the record established by
1 152 the hearing examiner, the recommendations of the hearing examiner and the criteria set forth in cou,l. ' eE>ck_. I,pp,l„ic„ bl_c,
1153 c.oun(.� co(.% the county, conn)lc.h 11 i � .�)lau if amnlicablc:. and tic Cou1;t� sholCh11 1)1ana�,cmcnt g1o��ram. include 1
1154 Compl_ianCc \viii1 5t l"A. W AC 11)I 1 1 _l,` 1'111A RuI 1 �tS r e 1�r1. and :).ti)�il..c in t) .Cc1U tNCocic. �-,nd ll1
1 155 SJI PA policies:. (Ord. 2018-032 § 1 (Exh. A)).
...........................
30
2.05. 1 25 Proof of insurance foi- hazards creche' .in the (..C�un
1 156................_......._._._._..._.1.__...._.-__._.....__.......__._.._................_._..._..-----_...I....._..W.._.._ . ...... ................. . .............y.
1157 1 or canrnsion nol�c)_srrgni,rin� rht�l.,����iI under i C.orldltlorral ls c. Pc.rnut of Ai IIqr Pr4,lcct,l'clmn a 11e�\ or csisuug
1 158 r •i1iIic —x r__A c ( )0.,,(�t„ l i j ell, AVCC _ .11u.oS. I. --I. financial �issurancc 16 r the hcnc1iI of \i'hatcoIII C qu_III v shall bc: rcgtiire(.
1159 For srich cNimiisior c�ects. a i�ermittec must (lenunsll<atc )roof of financial assurance such as trust finals letters of creclit.
1160 m.ur<3nc.0 cl_f-insurance [urmcrtl tests coipolatc «ual. tntccs:...Payijlc,nt bonds.:._or Ix.r[otmancc I.b.....0.......l..o.... sufhciclt to corl;lplV
.... ...... ..._
1161 with the (financial responsibility recuirements set forth in State and Federal Jim,. i<s a3-lplic: iblh�moi to hermit at>irroval by a
1 162 \\ h atom County Dc e;i,sion Maker. If the financial assurance is_in the f-or m ol'insi illce policies th,e...hol.ic ics nnrst name
.. .._._.. .. .... ......._ ...... _.... ........ .....
1163 \Vhalcom County is an additional insured alld psovidc Wflatcon> County with_a ccrtilicIle, OI ilsmralce to that effect.
1 164 111c permitter must maintain the approved level of financial assurance coverage for ne\.V or ca1) �ln(led ISC s \afiilc operatim;
1165 the permittcd,Jbcilitv,,Ai the request permritec, the AV hilt.cp>n County Decision MAl ei nia� mprovc new or lltered
. ... ...... .... .... .. ........ ...........
1 166 Corals of, fin lire i rl assurance; to meet the requirements of this section. provided that the n< w or altered form is Consistent_ with
1 167 the scol)c alld itent..............................tcriOnalperlititcondition.
......... . _.......... .........
1168
1169 22.0 .1 26 Suor)lemental Procedures for Fossil Fuel Refinery and Fossil Fuel Transshi mens
1170CiCl�ltrn1litltljC
1171
1172 M lI)on request ofthe COMM, Fossil [eue]"Refineries or Fossil Duel 71-ansslailnrent Facilities ShAl fill out a sLlhplemental
1 173 check Ist for the: FIu�ose of ofclerminin:T wtji hc- a project c u alrfigs as a permitted use or rcruires as conditional use-
1 174 hermit is specificd in \VCC 20.68.153 or \VCC 20.68.154. The checklist shall coatt lm supplemental information to
1175 nclude:
................................
1176 (rl_ 1limact on MaxinrLun Aimos heiic Crude Distillation Capacit:v (V]A(I W)M jannlan I r ansshipnlci3i C" rp a ilv and
1177 fossil Fuel _unfit train ain shipmcait 1recluenev G.om_thc proposed act,iN ily:
....... _.. ........
1 178 (h) Conilrnration of the acceptance of notential nermit conditions as outlined in 20.08.065 su ;Merl -ion
1179 (c) Applicrrtmarr-w. propelty ov�rierinformation, and parcel information as atIpro,ii tc and
1180 rli All attcst Lion by the apphe�m ICE- xium<W ilheaecwacv of the�i»i,or mation ontaincd inc. cm ; t cd h tlrc tp»licmII
1181 anti cc"ti(ficd b_v ai Notai�Put)li.i_
1182 (2;r ('ORh(ICrnial Business 1nn lonan tio
1 183 a0 For 1hC 1) iri)os , oFchecJ lrtits p<.uiiii appIical Ioil s and ill oihcr m nr riais �u Du)ill cd_bv I wsiI Foci Refineries or
1184 1 o)si1,1 Lc.l llan shi>nlcnt t ciliu_cs Jor,IclIIvit;ic�.rn the ChciI v Point lac ���. I.i�,it,r i I. ld!i lria1. 1):slIic.( the followiire.
1185 hall �il?.1'.l_v: ........................
1186 (i) I he <applicantt sdmll ciclrlv idemily information the_zlirnlicant considcrs to he Confidential
1187 13r smc:s Information. not mlhicct to disclosure unc,ci clri ntcr 12. O RCVVtPul7lic I:reords
1188 /1 and of Vy C'C 1 32.000. lfsuch information is corrlailicd in ,ubrnittia docLnncrrts. the
1.111111111111111111189 M)Dlicant Shall submit tvVo conic of,nratcrials ibr Comm L,c a,-_rilo'v's:
1190 A co,�. rvh Confidential f3u5rnc , Inlc.rm"llioi c.lcaiiv rocnti!i ,d with a valt°imark
....... ......... t ................................................. .... ... .......................................................... ................................ ....... ....... ....
1191 indicating the document contains such ililormation: and
............... ..............
1 192 2. A coiw m illi Confidential 1 lsil)Css Information rcdl lc led. and a atca mark added
1 193 indictilri3tr th1at the doi;umem does not cant iin,stich infc.i mation -rnd is :rlltable ior_.rrublic
1194 disclosure:.
31
1195 (ii) Coiplidcritial Business InCorrnation Wiry include:
1196 7. 1?roccs�:ln<> cctt_lpnu,nl tcchlric al sipcc lfications on imcin��ils �iti<sticii»>'t�rnnl7;�roui�<'lr,.
1197 desi<?n snecilicatioirs. and iprocc>s controls:
1198 2. Process unit and controls:
1199 3. Feedstock, )]-ood_nct_ or proces to it 17r}n1t c achy and Coll fis oration: and
1200 4. C:ontraclual auncemcnts and all terms contained therein.
1201 _(iii) l he mformrtioil isled abmc is nor nrcantto be all inclusive Othci mformalion re,laud to the
....... ......... ....... ........ ...... ..... ......... ....... .... .................
1202 atn lical t s roc€'. r r l �-i' is, 1 coktok: a i?roduct ]lkl rSi. =I rd or > c and
1203 tr'ar)Spott_'Mioil mcthods and costs may be Con9idcaptial 13_usincls information and, if'so, shall
1204 be marked as such when submitted.
1205 (fv) C alculalion and permit material submittals may contain. but are not required to contain any of
1206 the above in(ormaiion.
1207 ) Where no incrcasc to MAC DC Maximum I iansshi0mcnt C. rt, C61. or unit train ficc nk]ic�':._is
1208 pr,op<nc d _url?mi`t al c f_C:onfidcnn rl [3usrncss lhfor mltion Spec i.ic illy r el.'lled to the Criteria is of,
fi .... ...._. .
1209 WCC, 20.68.1� 1 and \kVC 20.6S l 54 shall not be required to he submittedwith tiledpermit
1210 a,l2.p1 catiop.._Ipalter.<Ils,.
1211 (3) Where calculations are to be submitted [o M <irnurri "l'ransshipment Capacity of My IXj nrnn Atmospheric Crude
1212 Distillation Capacity, [lie "Inifli< nt shall provide calculations per(i>rmcd and ceitlficdby (It1rofessional engineer
1213 heensed in file state o'Mrl ash,llp.�ton cle l-1v indic-atmn: the. impact on MAC DC and Ir upsshllpment Cap_acitv..
1.11 ..........11 ....... ....... ......._ ...... ...... ...... ..................
1214 t gnfidcntl Il.._l3usrnc s..lnrolm<ation shall be c1cariv idcl-Itified as rcquiicol b \\"CC 2 2 O5 12(l(2.1(a)(i) <llpwc.
........
1215 (( if the County receives a public records icclucst_lor rccords containing iinirr2aation the applicant has cicarly indicated
1216 to be onidcntr BUS111Ci lrlioi npatiorr pursiaant to Ai2'.0'126(2)(a(.)_fc ulltywllnoiy applicant of
..... ...... ._....... _1._ C.e
1217 the request and provide the �a p pi lic.ant va rill r rcasonahlc�e iod or time of at least 1 ,) d rvs to file. for. a rn�pctron
1218 under RC\1r 42 SCi. 4-0 to p 1-c-'I tlte_disclosur< o 'ucll infgrnmlioip_ 1f the ap plicrult does not file for ml iniunetion
1219 w ithi[lie c,od oie. et h, the Comy the C orrnt�yv ill discloserccords conaininsr the color nntion that the ',.. l ......... ......... ....._ ...... ...... ..t.. ... 1220 �111)nlicant has dcsi«macd as Cronfidcntial 13usin< ;s in(,ui oration pursuant to WCC 22.05.126(2)(a)(i).
1221
1222
1223
1224
32