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Home My WebLink AboutBLD2016-00099 - WAREHOUSE II rN c�, JEFFERSON COUNTY (? DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street I Port Townsend, WA 98368 .� 360-379-4450 I email: dcd@co.jefferson.wa.us I' ��\o` www.co.jefferson.wa.us/commdevelopment BUILDING PERMIT PERMIT #: BLD16-00099 Received Date: 3/11/2016 SITE ADDRESS: 4429 COYLE RD Issue Date 6/10/2016 Expiration Date 6/10/2017 OWNER: PEN AIR LLC PHONE: 360-301-0257 DAVID WARD P.O. BOX 130 QUILCENE WA 98376-0130 SUBDIVISION: PARCEL NUMBER: 701142002 Section: 14 Township: 27 N Range: 1V1 CONTRACTOR: OWNER/BUILDER PHONE: PROJECT DESCRIPTION: NEW MECHANICAL PERMIT 1-502 CLOSED LOOP EXTRACTION SYSTEM TYPE OF WORK NON SQUARE FOOTAGE: TYPE OF IMP MEC MAIN: VALUATION ADD'L: HEAT TYPE: CODE EDITION: 2012 HEAT BASE: HEAT TYPE: OCCUPANCY: UNHEATED: #OF STORIES: OCCUPANCY: OTHER: CONST TYPE: GARAGE: SHORELINE: CONST TYPE: SETBACK: DECK: BANK HEIGHT: SEWAGE DISPOSAL: ALT WATER SYSTEM: Type Amount Paid By: Date: Receipt: BEDROOMS: BATHROOMS: Permit $170.00 SRE 03/11/16 162681 Exist: Exist: Fire Marshall Review $85.00 SRE 03/11/16 162681 Prop: Prop: Scanning Fee $21.00 SRE 03/11/16 162681 Total: Total: State Building Code $4.50 SRE 03/11/16 162681 Fire Marshall Review $127.50 HAC 03/31/16 162785 Total: $408.00 HEALTH DEPARTMENT AND PUBLIC WORKS APPROVAL REQUIRED PRIOR TO FINAL INSPECTION THIS PERMIT IS VALID FOR ONE YEAR OR IT MUST BE PROPERLY RENEWED BUILDING INSPECTION HOT-LINE 379-4455. Request must be received by 3pm the day before the inspection is needed. Final Inspections require 24 hour notice. Office Hours 9:00 am -4:30 pm MONDAY- THURSDAY HOT LINE AVAILABLE 24 HOURS A DAY SPECIAL CONDITIONS APPLY- SEE ATTATCHED • Jefferson County Building Division Permit Number: BLD16-00099 Applicant: PEN AIR LLC BUILDING PERMIT INSPECTION APPROVALS Applicable Code: 2012 International Building Codes To schedule inspections, call (360)379-4455 no later than 3:00PM the day before the inspection is needed. Requests received after 3:00 PM will not be scheduled for the next day's inspections. ELECTRICAL PERMITS are issued by the Washington State Department of Labor& Industries. The electrical permit must be signed off by the State Inspector prior to the County's Framing Inspection Inspection Item Date Approval Signature Notes Gas Line: Interior Gas Line: Exterior Pressure Test Mechanical Systems 7 l6 Mechanical Systems L Smoke&CO ot I 1ovU upPbt1 L W?r k. s caxyA --)se A(2-1- ekrt\ ep - 'B)5 - q\ cl - A final inspection will not be scheduled until the following are completed and signed off by the applicable Department: • Building Permit Conditions are met • Septic Permit Final/Complete for any building containing plumbing • Land Use Conditions met and signed off • Public Works Permit Final(where applicable) FINAL INSPECTION FINAL INSPECTION UST BE APPROVED PRIOR TO BUILDING BEING OCCUPIED THIS PERMIT IS VALID FOR ONE YEAR CONDITIONS for Building Permit# :BLD16-00099 1.) 1. The Plan Review Memorandum by Thomas L. Aumock, Consulting International Fire Code Plans Examiner and Fire Code Inspector, dated March 18, 2016, outlines Findings, Determinations, and Requirements from the International Fire Code, 2012 Edition. The entire report, including all General Safety Precautions, Tank Protection and Security Requirements, Ventilation Requirements, Maintenance of Egress Requirement, Gas Cylinder Requirements, and International Mechanical Code Requirements shall be followed as conditions of approval for this Conditional Use Permit. 2. The storage and handling of inflammable liquids, liquefied petroleum, gases and explosives shall comply with rules and regulations falling under the jurisdiction of the fire marshal, the laws of the state and other local ordinances. Bulk storage of inflammable liquids below ground shall be located no closer to the property line than the greatest dimension (diameter, length, or height)of the tank. 3. The intensity of sound emitted by any commercial or industrial activity shall not exceed levels established by the Washington State Department of Ecology under WAC 173-60, and by Jefferson County under Resolution No. 67-85, "Establishment of Environmental Designations for Noise Abatement Areas for Jefferson County." 4. The manufactured structure shall use gutters, downspouts and splash blocks to achieve the stormwater management manual full dispersion BMP T5.30. 5. The applicant is required to submit evidence of an adequate water supply before a building permit can be issued for any building requiring potable water(RCW 19.27.097). According to the application, the proposed marijuana processing facility—new manufactured building and closed-loop extraction equipment—does not require potable water. 6. The applicant shall complete the performance requirements for a Public Works Road Approach Permit RAP15-00004 as approved by Public Works. 7. No building permit shall be issued for any use involved in an application for approval for a conditional use permit until the conditional use permit is approved and becomes effective. 8. 18.40.560 Effective period–Expiration. a. A conditional use permit automatically expires and becomes void if the applicant fails to file for a building permit or other necessary development permit within three years of the effective date (the date of the decision granting the permit)of the permit unless the permit approval provides for a greater period of time. b. Extensions to the duration of the original permit approval are prohibited. c. The department of community development shall not be responsible for notifying the applicant of an impending expiration. 9. 18.40.580 Conditional use permit to run with the land. A conditional use permit granted under this article shall continue to be valid upon a change of ownership of the site, business, service, use or structure that was the subject of the permit application. No other use is allowed without approval of an additional conditional use permit. The proposed marijuana processing must be within the fenced area and surveillance area for WSLCB requirements, and needs to be set-up and operated in the building as approved by the Fire Code Inspector. If the equipment is moved on site, another mechanical permit review will be required. The requirements of the Fire Code Inspector's March 18, 2016 report are conditions of approval for this CUP. 10. This CUP allows the manufactured structure to house the extraction equipment and to be used as specified in the application (breeding and extraction area). The structure is not a Residence and has not been permitted for human habitation. • • 2.) This approval is for processing cannibis that involves ONLY closed loop extraction as described and approved under BLD16-100. No other processing is approved for this site other than grow, trim, packaging of the product as prior approved. The septic system is designed and approved for the use of the employees for restroom waste only and is a system that is intended for domestic type waste. 3.) The project shall adhere to the Best Management Practices (BMPs)to control stormwater, erosion and sediment during construction. BMPs shall address permanent measures to stabilize soil exposed during construction, and in the design and operation of stormwater and drainage control systems. 4.) The site plan as submitted with the marijuana processing application on March 10, 2016 has been reviewed for consistency under the UDC, and has been approved by Jefferson County Department of Community Development. Any modifications, changes, and/or additions to the stamped, approved site plan dated June 9, 2016 shall be resubmitted for review and approval by Jefferson County Department of Community Development. \\tidemark\data\forms\F_BLD_Permit_BIdg.rpt 6/10/2016 • • Jefferson County Building Division Permit Number: BLD16-00099 Applicant: PEN AIR LLC BUILDING PERMIT INSPECTION APPROVALS Applicable Code: 2012 International Building Codes To schedule inspections, call (360)379-4455 no later than 3:00PM the day before the inspection is needed. Requests received after 3:00 PM will not be scheduled for the next day's inspections. ELECTRICAL PERMITS are issued by the Washington State Department of Labor& Industries. The electrical permit must be signed off by the State Inspector prior to the County's Framing Inspection Inspection Item Date Approval Signature Notes Gas Line: Interior Gas Line:Exterior I 1 P• ressure Test Mechanical Systems M• echanical Systems S• moke&CO (me A final inspection will not be scheduled until the following are completed and signed off by the applicable Department: • Building Permit Conditions are met • Septic Permit Final/Complete for any building containing plumbing • Land Use Conditions met and signed off • Public Works Permit Final(where applicable) FINAL INSPECTION ezidik FINAL INSPECTION UST BE APPROVED PRIOR TO BUILDING BEING OCCUPIED THIS PERMIT IS VALID FOR ONE YEAR 11111 • Thomas L. Aumock Consulting International Fire Code Inspector&Plans Examiner Jefferson County Department of Community Development 2303 Hendricks Street,Port Townsend,WA 98368 Office: (360) 385-3938 Email: taumock@cablespeed.com Cell: (360) 643-0272 PLAN REVIEW MEMORANDUM To: Mary Blain,Plans Examiner,Department of Community Development,Jefferson County Fr: Thomas L.Aumock,Consulting International Fire Code Plans Examiner and Fire Code Ins•- 611 1 I'' Dt: 18 March 2016 Re: BLD16-099, Pen Air LLC, Botanical Oils Extraction 4429 Coyle Road, Quilcene, APN 701142002 This plans examiner is in receipt of the documentation) for the above-referenced proposal from your office for botanical oil extraction processing equipment,using butane solvent and/or L.P.G. solvent. The above-referenced proposal was reviewed by this plans examiner for compliance with the International Fire Code [I.F.C.], 2012 Edition with applicable Washington State W.A.C. 51-54 Amendments, W.A.C.314-55-104,and National Electrical Code 70. The following constitutes this plans examiner's findings and determinations based upon the plans of record submitted. It is to be noted that type and specifications for the storage of butane solvent and/or L.P.G. solvent where not in the submittal. Findings,Determinations,and Requirements: A.General Safety Precautions 1. I.F.C. Section 5003.9 states general precautions for the safe storage, handling or care of hazardous materials shall be in accordance with I.F.C. Sections 5003.9.1 through 5003.9.10. 2. I.F.C. Section 5003.9.1 states that persons responsible for the operation of areas in which hazardous materials are stored,dispensed, handled or used shall be familiar with the chemical nature of the materials and the appropriate mitigating actions necessary in the event of fire, leak or spill. 3. I.F.C. Section 5003.9.1.1 states that responsible persons shall be designated and trained to be liaison personnel to the fire department. These persons shall aid the fire department in preplanning emergency responses and identifying the locations where hazardous materials are located, and shall have access to Material Safety Data Sheets and be knowledgeable in the site's emergency response procedures. 4. I.F.C. Section 5003.9.2 states that storage, dispensing, use and handling areas shall be secured against unauthorized entry and safeguarded in a manner approved by the fire code official. 5. I.F.C. Section 5003.9.3 states that guard posts or other approved means shall be provided to protect storage tanks and connected piping, valves and fittings; dispensing areas; and use areas subject to vehicular damage in accordance with I.F.C. Section 312. 6. I.F.C. Section 5003.9.4 states that electrical wiring and equipment shall be installed and maintained in accordance with NFPA 70. The Kirkland Dynamics report states that National Electrical Code requirements for Division 2 locations apply to this proposal. [P. 12] BLD16-099,Pen Air LLC,Botanical Oils Extraction 1 7.I.F.C. Section 5003.9.5 staathat when processes or conditions exist Aire a flammable mixture could be ignited by static electricity,means shall be provided to prevent the accumulation of a static charge. 8. I.F.C. Section 5003.9.7 states that materials that are shock sensitive shall be padded, suspended or otherwise protected against accidental dislodgement and dislodgement during seismic activity. 9. I.F.C. Section 5003.9.8 states that incompatible materials in storage and storage of materials that are incompatible with materials in use shall be separated when the stored materials are in containers having a capacity of more than 5 pounds or 0.5 gallon. Separation shall be accomplished by: 9.1 Segregation of incompatible materials in storage by a distance of not less than 20 feet. 9.2. Isolating incompatible materials in storage by a noncombustible partition extending not less than 18 inches(457 mm)above and to the sides of the stored material. 9.3 Storing liquid and solid materials in hazardous material storage cabinets. 9.4 Storing compressed gases in gas cabinets or exhausted enclosures in accordance with I.F.C. Sections 5003.3.8.5 and 5003.8.6. Materials that are incompatible shall not be stored within the same cabinet or exhausted enclosure. 10. I.F.C. Section 5005.2.2 states that use of hazardous materials in closed containers or systems shall be in accordance with I.F.C. Sections 5005.2.2.1 through 5005.2.2.4. 10.1 I.F.C. Section 5005.2.2.1 states that where closed systems are designed to be opened as part of normal operations,ventilation shall be provided in accordance with I.F.0 Section 5005.2.1.1. 10.2 I.F.C. Section 5005.2.2.2 states that explosion control shall be provided in accordance with I.F.C. Section 5004.6 where an explosive environment exists because of the hazardous materials dispensed or used,or as a result of the dispensing or use process. Exception: Where process vessels are designed to contain fully the worst-case explosion anticipated within the vessel under process conditions based on the most likely failure. B.Location Security 1. I.F.C. Section 5303.5 states that compressed gas containers, cylinders, tanks, and systems are to be secured against accidental dislodgement and against access by unauthorized personnel. 2. I.F.C. Section 5303.5.1 states that areas used for the storage, use, and handling of compressed gas containers, cylinders, tanks, and systems are to be secured against unauthorized entry and safeguarded in an approved manner. C.Tank Protection and Security 1. I.F.C. Section 5303.5.2 states that compressed gas containers, cylinders, tanks, and systems that could be exposed to physical damage are to be protected. 2. I.F.C. Section 5303.5.3 states that compressed gas containers, cylinders,and tanks are to be secured to prevent falling caused by contact, vibration, or seismic activity. Securing of compressed gas containers, cylinders,and tanks is to be by one of the following methods: 2.1 Securing containers,cylinders and tanks to a fixed object with one or more restraints. 2.2 Securing containers, cylinders and tanks on a cart or other mobile device designed for the movement of compressed gas containers,cylinders or tanks. BLD16-099,Pen Air LLC,Botanical Oils Extraction 2 2.3 Nesting of compressens containers,cylinders and tanks at conta•filling or servicing facilities or in seller's warehouses not accessible to the public. Nesting shall be allowed provided the nested containers,cylinders or tanks, if dislodged,do not obstruct the required means of egress. 2.4 Securing of compressed gas containers,cylinders and tanks to or within a rack,framework,cabinet or similar assembly designed for such use. Exception:Compressed gas containers, cylinders and tanks in the process of examination,filling, transport or servicing. 3. I.F.C. Section 5303.6.1 states that compressed gas containers, cylinders and tanks designed for protective caps,collars or other protective devices shall have the caps or devices in place except when the containers,cylinders or tanks are in use or are being serviced or filled. 4. I.F.C. Section 5303.7.5 states that compressed gas containers,cylinders, and tanks are not to be placed in areas where they are capable of being damaged by falling objects. 5. I.F.C. Section 5303.7.3 states that compressed gas containers,cylinders, and tanks are not to be placed near elevators, unprotected platform ledges, or other areas where falling would result in compressed gas containers, cylinders, or tanks being allowed to drop distances exceeding one-half the height of the container,cylinder, or tank. D.Ventilation Requirements For Storage of Hazardous Materials 1. I.F.C. Section 5004.3 states that indoor storage areas and storage buildings shall be provided with mechanical exhaust ventilation or natural ventilation where natural ventilation can be shown to be acceptable for the butane solvent and/or L.P.G. solvent as stored. 2. Exhaust ventilation systems shall comply with all of the following: 2.1 Installation shall be in accordance with the International Mechanical Code. 2.2 Mechanical ventilation shall be at a rate of not less than 1 cubic foot per minute per square foot [0.00508 m3/(s • m2)]of floor area over the storage area. 2.3 Systems shall operate continuously unless alternative designs are approved. 2.4 A manual shutoff control shall be provided outside of the room in a position adjacent to the access door to the room or in an approved location. The switch shall be a break-glass or other approved type and shall be labeled:VENTILATION SYSTEM EMERGENCY SHUTOFF. 2.5 Exhaust ventilation shall be designed to consider the density of the potential fumes or vapors released. For fumes or vapors that are heavier than air, exhaust shall be taken from a point within 12 inches(305 mm)of the floor.For fumes or vapors that are lighter than air,exhaust shall be taken from a point within 12 inches(305 mm)of the highest point of the room. 2.6 The location of both the exhaust and inlet air openings shall be designed to provide air movement across all portions of the floor or room to prevent the accumulation of vapors. 2.7 Exhaust air shall not be re-circulated to occupied areas if the materials stored are capable of emitting hazardous vapors and contaminants have not been removed. Air contaminated with explosive or flammable vapors, fumes or dusts; flammable, highly toxic or toxic gases; or radioactive materials shall not be re-circulated. BLD16-099,Pen Air LLC,Botanical Oils Extraction 3 E. Maintenance of Egress • • 1. Placement of the apparatus, including appurtenances, is subject to I.F.C. Section 1030.2 and 1030.3 which states that a means of egress is to be continuously maintained free from obstructions or impediments to insure full instant use in case of fire or other emergency. F. Cylinder Separation from Hazards 1. I.F.C. Section 5303.7.7 states that open flames and high-temperature devices are not to be used in a manner that creates a hazardous condition. 2. I.F.C. Section 5303.7 states that compressed gas containers, cylinders,tanks, and systems in storage or use are to be separated from materials and conditions which present exposure hazards to or from each other. 3. I.F.C. Section 5303.7.2 states that combustible waste, vegetation,and similar materials are to be kept a minimum of 10 feet from compressed gas containers, cylinders, tanks, and systems. A noncombustible partition without openings or penetrations and extending not less than 18 inches above and to the sides of the storage area is allowed in lieu of such distance. The wall is to be an independent structure, or the exterior wall of the wall of the building adjacent to the storage area. The wall is to be a minimum of 5 ft. tall. 4. I.F.C. Section 5303.7.8 states that compressed gas containers, cylinders, tanks, and systems are not to be exposed to corrosive chemicals or fumes, which could damage containers, cylinders, tanks, valves, or valve-protective caps. 5. I.F.C. Section 5304.1 states that compressed gas containers and cylinders with a capacity greater than 5 L, except those designed for use in a horizontal position, are to be stored in an upright position with the valve end up. G. Liquified Petroleum Gas[LPG] 1. I.F.C. Section 6109.7 states that LP-gas containers shall not be stored in a basement, pit or similar location where heavier-than-air gas might collect. LP-gas containers shall not be stored in above-grade under-floor spaces or basements unless such location is provided with an approved means of ventilation. Exception:Department of Transportation(DOTn)specification cylinders with a maximum water capacity of 21/2 pounds(1 kg)for use in completely self-contained hand torches and similar applications. The quantity of LP-gas shall not shall not exceed 20 pounds(9 kg). 2. I.F.C. Section 6109.8 states that LP-gas container valves shall be protected by screw-on-type caps or collars which shall be securely in place on all containers stored regardless of whether they are full, partially full or empty. Container outlet valves shall be closed or plugged. 3. I.F.C. Section 6109.10 states the maximum quantity allowed in one storage location in buildings not accessible to the public, such as industrial buildings,shall not exceed a water capacity of 735 pounds(334 kg) [nominal 300 pounds (136 kg) of LP-gas]. Where additional storage locations are required on the same floor within the same building, they shall be separated by a minimum of 300 feet (91 440 mm). Storage beyond these limitations shall comply with I.F.C. Section 6109.11. H. Butane Solvent/Propane Solvent 1. The Kirkland Dynamics report notes that room temperature is to be kept at or below 75 degrees Fahrenheit at all times by use of constant ventilation and conditioning, which can be done in conjunction with the Section D requirements noted above,where applicable. BLD16-099,Pen Air LLC,Botanical Oils Extraction 4 I.International Mechanical•e—Pressure Vessels 40 1. International Mechanical Code Section 1003.1 states that all pressure vessels shall be in accordance, where applicable, with the ASME Boiler and Pressure Vessel Code, and shall bear the label of its listing and shall be installed in accordance with the manufacturer's installation instructions. Any other applicable or relevant sections of said Code not covered herein shall nonetheless apply to this proposal. It is the recommendation of this plans examiner that the proposal be approved subject to the aforesaid Code requirements. 2.5 hours time was logged for staff communications, documentation review, preparation and submittal of this report. 1Engineering Report: Professional Grade Closed Loop Extractor EX4-502, Kirkland Dynamics, LLC, Thomas J. Olson,Jr., P.E. -Project 150205 IF-02/24/2015 BLD16-099,Pen Air LLC,Botanical Oils Extraction 5 Contact the Building Department Thomas L. Aumock at 379-4450 poor to making changes Consulting International Fire Code Inspector&Plans mine Jefferson County Department of Community Degefge1E to the approved plans 2303 Hendricks Street,Port Townsend,WA 98368 [3s Office: (360)385-3938 Email: taumock@cablespeed.com Cell: (360) 643-0272 PLAN REVIEW MEMORANDUM 44149 ammO To: Mary Blain,Plans Examiner,Department of Community Development,Jefferson County Fr: Thomas L.Aumock,Consulting International Fire Code Plans Examiner and Fire Code Ins.- or/ "/" " llt: 18 March 2016 Re: BLD16-099 Pen Air LLC, Botanical Oils Extraction 4429 Coyle Road, Quilcene' APN 701142002 ' This plans examiner is in receipt of the documentation' for the above-referenced proposal from your office for botanical oil extraction processing equipment,using butane solvent and/or L.P.G. solvent. The above-referenced proposal was reviewed by this planEPPERSON commit Dee the International Fire Code [LF.C.], 2012 Edition with applicatitEDM �nL AAe E1 1-54 Amendments, W.A.C.314-55-104, and National Electrical Codenn70-. APPROVED g �Ep The following constitutes this plans examiner's findings ad determinatiisbaaseu upon pians of record submitted. It is to be noted that type and specifications for the stora o uta vent and/or L.P.G. solvent where not in the submittal. Er APPROW NV Findings,Determinations,and Requirements: 0 REJECTED REVIEWED FOR CODE Mer---A.General Safety Precautions Date (2-11--10° Reviewer ✓' ►'D pts' 1. I.F.C. Section 5003.9 states general precautions for the safe storage, handling or care of hazardous rOv"" materials shall be in accordance with I.F.C. Sections 5003.9.1 through 5003.9.10. 2. I.F.C. Section 5003.9.1 states that persons responsible for the operation of areas in which hazardous materials are stored,dispensed, handled or used shall be familiar with the chemical nature of the materials and the appropriate mitigating actions necessary in the event of fire, leak or spill. 3. I.F.C. Section 5003.9.1.1 states that responsible persons shall be designated and trained to be liaison personnel to the fire department. These persons shall aid the fire department in preplanning emergency responses and identifying the locations where hazardous materials are located, and shall have access to Material Safety Data Sheets and be knowledgeable in the site's emergency response procedures. 4. I.F.C. Section 5003.9.2 states that storage, dispensing, use and handling areas shall be secured against 4111Lunauthorized entry and safeguarded in a manner approved by the fire code official. 5. I.F.C. Section 5003.9.3 states that guard posts or other approved means shall be provided to protect storage tanks and connected piping, valves and fittings; dispensing areas; and use areas subject to vehicular damage in accordance with I.F.C. Section 312. 6. I.F.C. Section 5003.9.4 states that electrical wiring and equipment shall be installed and maintained in 1 accordance with NFPA 70. The Kirkland Dynamics report states that National Electrical Code requirements for Division 2 locations apply to this proposal. [P. 12] 14407CF: FPL,m, aria e*Iproa.`='d erecpth rrrt' a `-ori,ct trItr ° "'kk?;r... 6 '1 wcrL triud,t BLD16-099,Pen Air LLC,Botanical Oils Extraction IreeperrT.., ,"tn in r ratohneo..x with I , , applicable codes ens regulations. EMI. 7.I.F.C. Section 5003.9.5 states that when processes or conditions exist where a flammable mixture could be ignited by static electricity,means shall be provided to prevent the accumulation of a static charge. 8. I.F.C. Section 5003.9.7 states that materials that are shock sensitive shall be padded, suspended or otherwise protected against accidental dislodgement and dislodgement during seismic activity. 9. I.F.C. Section 5003.9.8 states that incompatible materials in storage and storage of materials that are incompatible with materials in use shall be separated when the stored materials are in containers having a capacity of more than 5 pounds or 0.5 gallon. Separation shall be accomplished by: 9.1 Segregation of incompatible materials in storage by a distance of not less than 20 feet. 9.2. Isolating incompatible materials in storage by a noncombustible partition extending not less than 18 inches(457 mm)above and to the sides of the stored material. 9.3 Storing liquid and solid materials in hazardous material storage cabinets. 9.4 Storing compressed gases in gas cabinets or exhausted enclosures in accordance with I.F.C. Sections 5003.3.8.5 and 5003.8.6. Materials that are incompatible shall not be stored within the same cabinet or exhausted enclosure. 10. I.F.C. Section 5005.2.2 states that use of hazardous materials in closed containers or systems shall be in accordance with I.F.C. Sections 5005.2.2.1 through 5005.2.2.4. 10.1 I.F.C. Section 5005.2.2.1 states that where closed systems are designed to be opened as part of normal operations,ventilation shall be provided in accordance with I.F.0 Section 5005.2.1.1. 10.2 I.F.C. Section 5005.2.2.2 states that explosion control shall be provided in accordance with I.F.C. Section 5004.6 where an explosive environment exists because of the hazardous materials dispensed or used,or as a result of the dispensing or use process. Exception: Where process vessels are designed to contain fully the worst-case explosion anticipated within the vessel under process conditions based on the most likely failure. B.Location Security 1. I.F.C. Section 5303.5 states that compressed gas containers, cylinders, tanks, and systems are to be secured against accidental dislodgement and against access by unauthorized personnel. 2. I.F.C. Section 5303.5.1 states that areas used for the storage, use, and handling of compressed gas containers, cylinders,tanks, and systems are to be secured against unauthorized entry and safeguarded in an approved manner. C.Tank Protection and Security 1. I.F.C. Section 5303.5.2 states that compressed gas containers, cylinders, tanks, and systems that could be exposed to physical damage are to be protected. 2. I.F.C. Section 5303.5.3 states that compressed gas containers, cylinders,and tanks are to be secured to prevent falling caused by contact, vibration, or seismic activity. Securing of compressed gas containers, cylinders,and tanks is to be by one of the following methods: 2.1 Securing containers,cylinders and tanks to a fixed object with one or more restraints. 2.2 Securing containers, cylinders and tanks on a cart or other mobile device designed for the movement of compressed gas containers,cylinders or tanks. BLD16-099,Pen Air LLC,Botanical Oils Extraction 2 2.3 Nesting of compressed gas containers, cylinders and tanks at container filling or servicing facilities or in seller's warehouses not accessible to the public. Nesting shall be allowed provided the nested containers,cylinders or tanks, if dislodged, do not obstruct the required means of egress. 2.4 Securing of compressed gas containers,cylinders and tanks to or within a rack,framework, cabinet or similar assembly designed for such use. Exception:Compressed gas containers, cylinders and tanks in the process of examination,filling, transport or servicing. 3. I.F.C. Section 5303.6.1 states that compressed gas containers, cylinders and tanks designed for protective caps,collars or other protective devices shall have the caps or devices in place except when the containers,cylinders or tanks are in use or are being serviced or filled. 4. I.F.C. Section 5303.7.5 states that compressed gas containers,cylinders, and tanks are not to be placed in areas where they are capable of being damaged by falling objects. 5. I.F.C. Section 5303.7.3 states that compressed gas containers, cylinders,and tanks are not to be placed near elevators, unprotected platform ledges, or other areas where falling would result in compressed gas containers, cylinders, or tanks being allowed to drop distances exceeding one-half the height of the container,cylinder,or tank. D.Ventilation Requirements For Storage of Hazardous Materials 1. I.F.C. Section 5004.3 states that indoor storage areas and storage buildings shall be provided with mechanical exhaust ventilation or natural ventilation where natural ventilation can be shown to be acceptable for the butane solvent and/or L.P.G. solvent as stored. 2. Exhaust ventilation systems shall comply with all of the following: 2.1 Installation shall be in accordance with the International Mechanical Code. 2.2 Mechanical ventilation shall be at a rate of not less than 1 cubic foot per minute per square foot [0.00508 m3/(s - m2)]of floor area over the storage area. 2.3 Systems shall operate continuously unless alternative designs are approved. 2.4 A manual shutoff control shall be provided outside of the room in a position adjacent to the access door to the room or in an approved location. The switch shall be a break-glass or other approved type and shall be labeled: VENTILATION SYSTEM EMERGENCY SHUTOFF. 2.5 Exhaust ventilation shall be designed to consider the density of the potential fumes or vapors released. For fumes or vapors that are heavier than air, exhaust shall be taken from a point within 12 inches(305 mm)of the floor. For fumes or vapors that are lighter than air,exhaust shall be taken from a point within 12 inches(305 mm)of the highest point of the room. 2.6 The location of both the exhaust and inlet air openings shall be designed to provide air movement across all portions of the floor or room to prevent the accumulation of vapors. 2.7 Exhaust air shall not be re-circulated to occupied areas if the materials stored are capable of emitting hazardous vapors and contaminants have not been removed. Air contaminated with explosive or flammable vapors, fumes or dusts; flammable, highly toxic or toxic gases; or radioactive materials shall not be re-circulated. BLDI6-099,Pen Air LLC,Botanical Oils Extraction 3 , , E.Maintenance of Egress 1. Placement of the apparatus, including appurtenances, is subject to I.F.C. Section 1030.2 and 1030.3 which states that a means of egress is to be continuously maintained free from obstructions or impediments to insure full instant use in case of fire or other emergency. F.Cylinder Separation from Hazards 1. I.F.C. Section 5303.7.7 states that open flames and high-temperature devices are not to be used in a manner that creates a hazardous condition. 2. I.F.C. Section 5303.7 states that compressed gas containers, cylinders,tanks, and systems in storage or use are to be separated from materials and conditions which present exposure hazards to or from each other. 3. I.F.C. Section 5303.7.2 states that combustible waste, vegetation, and similar materials are to be kept a minimum of 10 feet from compressed gas containers, cylinders, tanks, and systems. A noncombustible partition without openings or penetrations and extending not less than 18 inches above and to the sides of the storage area is allowed in lieu of such distance. The wall is to be an independent structure, or the exterior wall of the wall of the building adjacent to the storage area.The wall is to be a minimum of 5 ft. tall. 4. I.F.C. Section 5303.7.8 states that compressed gas containers, cylinders, tanks, and systems are not to be exposed to corrosive chemicals or fumes, which could damage containers, cylinders, tanks, valves, or valve-protective caps. 5. I.F.C. Section 5304.1 states that compressed gas containers and cylinders with a capacity greater than 5 L, except those designed for use in a horizontal position, are to be stored in an upright position with the valve end up. G. Liquified Petroleum Gas [LPG] 1. I.F.C. Section 6109.7 states that LP-gas containers shall not be stored in a basement, pit or similar location where heavier-than-air gas might collect. LP-gas containers shall not be stored in above-grade under-floor spaces or basements unless such location is provided with an approved means of ventilation. Exception:Department of Transportation(DOTn)specification cylinders with a maximum water capacity of 2'/2 pounds(1 kg)for use in completely self-contained hand torches and similar applications. The quantify of LP-gas shall not shall not exceed 20 pounds(9 kg). 2. I.F.C. Section 6109.8 states that LP-gas container valves shall be protected by screw-on-type caps or collars which shall be securely in place on all containers stored regardless of whether they are full, partially full or empty. Container outlet valves shall be closed or plugged. 3. I.F.C. Section 6109.10 states the maximum quantity allowed in one storage location in buildings not accessible to the public,such as industrial buildings,shall not exceed a water capacity of 735 pounds(334 kg) [nominal 300 pounds (136 kg) of LP-gas]. Where additional storage locations are required on the same floor within the same building, they shall be separated by a minimum of 300 feet (91 440 mm). Storage beyond these limitations shall comply with I.F.C. Section 6109.11. H. Butane Solvent/Propane Solvent 1. The Kirkland Dynamics report notes that room temperature is to be kept at or below 75 degrees Fahrenheit at all times by use of constant ventilation and conditioning, which can be done in conjunction with the Section D requirements noted above,where applicable. BLD16-099,Pen Air LLC,Botanical Oils Extraction 4 I.International Mechanical Code—Pressure Vessels 1. International Mechanical Code Section 1003.1 states that all pressure vessels shall be in accordance, where applicable, with the ASME Boiler and Pressure Vessel Code, and shall bear the label of its listing and shall be installed in accordance with the manufacturer's installation instructions. Any other applicable or relevant sections of said Code not covered herein shall nonetheless apply to this proposal. It is the recommendation of this plans examiner that the proposal be approved subject to the aforesaid Code requirements. 2.5 hours time was logged for staff communications, documentation review, preparation and submittal of this report. 1Engineering Report: Professional Grade Closed Loop Extractor EX4-502, Kirkland Dynamics, LLC, Thomas J. Olson,Jr., P.E. -Project 150205 IF-02/24/2015 BLD16-099,Pen Air LLC,Botanical Oils Extraction 5 S 41110 co JEFFERSON COUNTY G� DEPARTMENT OF COMMUNITY DEVELOPMENT w UNIFIED DEVELOPMENT CODE TYPE II LAND USE PERMIT APPLICANT: PEN AIR LLC PO BOX 130 QUILCENE WA 98376-0130 DATE ISSUED:June 09,2016 DATE EXPIRES:June 09,2019 MLA NUMBER:MLA16-00017 PROJECT PLANNER:Joel Peterson PROJECT DESCRIPTION: NEW MECHANICAL PERMIT 1-502 CLOSED LOOP EXTRACTION SYSTEM NEW MANUFACTURED BUILDING TO BE USED FOR 1-502 EXTRACTION EQUIPMENT THIS PERMIT GOES WITH BLD16-00099&ZON16-00006 NO WATER TO BUILDING CONDITIONAL DISCRETIONARY C(D) FOR CURRENT 1502 ESTABLISHMENT TO INCLUDE EXTRACTION Conditional Discretionary C(d)Use Permit for Marijuana Processing(Essential Oils Extraction with Professional Closed Loop Butane Extraction System)at Current Marijuana Production Facility. The project will require a mechanical permit and a building permit for a manufactured structure, The project is exempt from SEPA review. PROJECT LOCATION: PARCEL#701-142-002 S14 T27 R1W SW NW,NW SW, N112 SW SW CONDITIONS: 1.) The following conditions are applied to the Conditional Use Permit for MLA16-00017/ZON16-00006 pursuant to Staff Report dated June 9,2016: Recommended Conditions: 1. The Plan Review Memorandum by Thomas L.Aumock,Consulting International Fire Code Plans Examiner and Fire Code Inspector,dated March 18,2016,outlines Findings, Determinations,and Requirements from the International Fire Code,2012 Edition. The entire report,including all General Safety Precautions,Tank Protection and Security Requirements,Ventilation Requirements, Maintenance of Egress Requirement, Gas Cylinder Requirements,and International Mechanical Code Requirements shall be followed as conditions of approval for this Conditional Use Permit. 2. The storage and handling of inflammable liquids,liquefied petroleum, gases and explosives shall comply with rules and regulations falling under the jurisdiction of the fire marshal,the laws of the state and other local ordinances. Bulk storage of inflammable liquids below ground shall be located no closer to the property line than the greatest dimension(diameter, length,or height)of the tank, 3. The intensity of sound emitted by any commercial or industrial activity shall not exceed levels established by the Washington State Department of Ecology under WAC 173-60,and by Jefferson County under Resolution No.67-85,"Establishment of Environmental Designations for Noise Abatement Areas for Jefferson County" 4. The manufactured structure shall use gutters,downspouts and splash blocks to achieve the stormwater management manual full dispersion BMP T5.30. 5. The applicant is required to submit evidence of an adequate water supply before a building permit can be issued for any building requiring potable water(RCW 19.27.097). According to the application,the proposed marijuana processing facility—new manufactured building and closed-loop extraction equipment—does not require potable water. • • 6. The applicant shall complete the performance requirements for a Public Works Road Approach Permit RAP15-00004 as approved by Public Works. 7. No building permit shall be issued for any use involved in an application for approval for a conditional use permit until the conditional use permit is approved and becomes effective. 8. 18.40.560 Effective period—Expiration. a. A conditional use permit automatically expires and becomes void if the applicant fails to file for a building permit or other necessary development permit within three years of the effective date(the date of the decision granting the permit)of the permit unless the permit approval provides for a greater period of time. b. Extensions to the duration of the original permit approval are prohibited. c. The department of community development shall not be responsible for notifying the applicant of an impending expiration. 9. 18.40.580 Conditional use permit to run with the land. Aconditional use permit granted under this article shall continue to be valid upon a change of ownership of the site, business,service, use or structure that was the subject of the permit application. No other use is allowed without approval of an additional conditional use permit. The proposed marijuana processing must be within the fenced area and surveillance area for WSLCB requirements,and needs to be set-up and operated in the building as approved by the Fire Code Inspector. If the equipment is moved on site,another mechanical permit review will be required. The requirements of the Fire Code Inspector's March 18,2016 report are conditions of approval for this CUP. 10. This CUP allows the manufactured structure to house the extraction equipment and to be used as specified in the application(breeding and extraction area). The structure is not a Residence and has not been permitted for human habitation. 2.) The project shall adhere to the Best Management Practices(BMPs)to control stormwater,erosion and sediment during construction. BMPs shall address permanent measures to stabilize soil exposed during construction, and in the design and operation of stormwater and drainage control systems. FINDINGS: 1.) The Administrator finds that this application complies with applicable provisions of the Unified Development Code,all other applicable ordinances and regulations,and is consistent with the Jefferson County Comprehensive Plan and Land Use map. 2.) This approval is for processing cannibis that involves ONLY closed loop extraction as described and approved under BLD16-100. No other processing is approved for this site other than grow, trim, packaging of the product as prior approved. The septic system is designed and approved for the use of the employees for restroom waste only and is a system that is intended for domestic type waste. 3.) Jefferson County determined that this proposal is categorically exempt from review under the State Environmental Policy Act(SEPA)pursuant to WAC 197-11-800(1)(iv)--flexible thresholds for minor new construction,for the construction of a commercial structure under 12,000 square feet This specific exemption threshold is pursuant to the adopted flexible SEPA threshold of Jefferson County under JCC 18.40.750(1)(d). 4.) For Findings of Fact,see Staff Report dated June 9,2016. 5.) The site plan as submitted with the marijuana processing application on March 10,2016 has been reviewed for consistency under the UDC,and has been approved by Jefferson County Department of Community Development. Any modifications,changes, and/or additions to the stamped, approved site plan dated June 9, 2016 shall be resubmitted for review and approval by Jefferson County Department of Community Development. 6.) This approval is for a manufactured building structure housing a Professional Grade Closed Loop Extractor only. Any future permits on this site are subject to review for consistency with applicable codes and ordinances and does not preclude review and conditions which may be placed on future permits. 7.) The parcel has been designated as Commercial Forest(CF-80) under the Jefferson County Comprehensive Land Use Map effective August 28, 1998, and as amended, 8.) NOTICE: This permit does not excuse the proponent from complying with other local, state, and federal ordinances, regulations, or statutes applicable to the proposed development, but consistent with RCW 90.58. Development pursuant to this permit shall be undertaken subject to the applicable policies and performance standards of the Jefferson County Shoreline Management Master Program and the Jefferson County Unified Development Code. If during excavation or development of the site an area of potential archaeological significance is uncovered, all • activity in the immediate area shall be halted,and the Administrator shall be notified at once. The Federal Endangered Species Act rules to protect threatened Chinook and Summer-run Chum salmon became effective on January 8,2001. Bull trout have been listed as threatened since early 2000. Under the ESA, any person may bring lawsuit against any individual or agency that"takes"listed species(defined as causing harm, harassing,or damaging habitat for the listed species). In addition,the National Marine Fisheries Service can levy penalties. Portions of Jefferson County, including marine environments are included as "critical habitat'for listed species.Development of property along any marine shoreline,freshwater shoreline, or fioodplains could harm habitat if protective measures are not taken. To minimize the potential to damage habitat, all property owners developing adjacent to marine shoreline,freshwater shoreline, or floodplains are advised to do the following: -All development activities should avoid unstable slopes,wetlands,and forested areas near surface waters -Remove minimal vegetation for site development,especially large trees -Allow trees that have fallen into surface waters to remain there -Infiltrate stormwater from buildings and driveways onsite through drywells rather than discharging directly into surface waters or roadside ditches The Federal Bald and Golden Eagle Protection Act requires landowners within 660 feet(1/8th of a mile)of an eagle nest to consult with the US Fish and Wildlife Service. This Eagle Act prohibits anyone from"taking"bald eagles. This federal law defines the term"take"and describes the possible legal consequences when a"take" occurs: Among other actions,"take"includes a disturbance of bald eagles or their habitat. Under federal law a permit may still be required for activities that impact bald eagles or their habitat. Contact the US Fish and Wildlife Service(http://www.fws.gov/pacificieagle/)to learn more about how this law affects your project. Any individual,group, or agency can bring suit for a listed species"taking", even if you are in compliance with Jefferson County development codes. The risk of a lawsuit against you can be reduced by consulting with a professional fisheries habitat biologist, and following the recommendations for site development provided by the biologist. For more information,contact the National Marine Fisheries Service in Seattle, or the U.S. Fish and Wildlife Service. APPEALS: Pursuant to RCW 36.70C,the applicant or any aggrieved party may appeal this final decision to the Hearing Examiner within fourteen(14)calendar days of the date of issuance of this land use decision. For more information related to administrative appeals see JCC 18.40.330. '/"125/1> a" . 77 UDC Administrator MLA16-00017 DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street I Port Townsend, WA 98368 360-379-44501 email: dcd co.jefferson.wa.us rxarKrinr t^n ;.ffat,,trl kitM1 toft^nmmele,rra€rvnrrucrrefi 1ltidemarkldatalforrnslF.ML7 IssuePermit_U.rpt 6/9/2016 Page 3 of 3 • `c,ON e JEFFERSON COUNTY 6,� DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street,Port Townsend,WA 98368 I Web:www.oo.ieflerson.wa.us/commurtitydevelopment Ilotztallt sxf de Tel;360.379.4450 I Fax:360.379.4451 I Email:do d co.lefferson.wa.us SquareONE Resource Center I Building Permits b inspections I Development Review I Long Range Planning MEMORANDUM To: David Goldsmith, Interim Director/UDC Administrator From: Joel Peterson,Associate Planner Date: June 1,2016 Re: "Discretionary Memo"for Conditional Discretionary"C(d)" Use Determination,MLA16-00017/BLD16- 099,Pen Air LLC, Botanical Oils Extraction 4429 Coyle Road,Quilcene,APN 701142002 Purpose This memorandum serves to document the permit review process decision for a Conditional Discretionary Use,which may be processed as a Type II decision or,on a case by case basis,the Administrator may refer a Conditional Discretionary Use permit application to the Hearing Examiner to be processed according to the procedures for Type III land use decisions,depending upon review comments and criteria in JCC 18.40.520 (2)(a). Background On March 11,2016,the Department of Community Development received a Conditional (discretionary)Use Permit application from Mr. David Ward, Pen Air, LLC to add marijuana essential oils processing at the current marijuana production facility,4429 Coyle Road,Quilcene,Washington. The case is identified as MLA16-00017. The project is exempt from SEPA review. Jefferson County Code requires a Conditional(Discretionary)Use review process for marijuana processing proposals(18.20.295). Additionally,this proposal includes a building permit for the structure and a mechanical permit for the extraction equipment. The application was deemed to be complete on April 4, 2016. A Notice of Application was published in the Port Townsend Jefferson County Leader on April 6,2016. The public comment period ran to April 20,2016. No comments were received regarding the project. Public notices sent to two tribes were returned by mail as incorrect addresses. Notices were re-sent and the comment period extended for a few days until the tribes stated that no comments would be forthcoming. Required Findings of 18.40.520(2)(a)to Determine Type II or Type III Review Process (1)In the exclusive,discretionary judgment of the administrator,does the application involve potentially significant issues relating to location,design,configuration,and potential impacts to surrounding • • MLA16-000017 properties and the community that can be more appropriately considered and addressed through an open public record pre-decision hearing before the Jefferson County hearing examiner? Staff Finding: No,the application is reviewed under approval criteria for conditional uses and under the marijuana code section of 3CC. Site issues are adequately addressed in the code requirements and would not necessarily be better addressed through an open public record pre-decision hearing. Also,the extraction operation proposal was reviewed by the Fire Marshall and no concerns were raised. (ii)In the exclusive,discretionary judgment of the administrator,does the application seek approval of a use involving complex legal issues necessitating special expertise in the decision-maker? Staff Finding: No.There is no particular legal complexity with the proposal and no comments were received from agencies and surrounding property owners. Staff Recommendation A reasonable evaluation of the scope of the current project,the approval criteria applied to the proposal,and the lack of agency and public comment on this proposal,I am brought to the conclusion that review of the proposed use and development is appropriately reviewed as a Type Il administrative CUP. .,1„ oei .Peterson,Project Planner Administrator Review and Conclusion Process as a Type II Conditional Administrative"C(a)" Use Permit Process as a Type Ill Conditional"C' Use Permit David Goldslnterim Director/UDC Administrator 2 Thomas L.Aumock Consulting International Fire Code Inspector&Plans Examiner Jefferson County Department of Community Development 2303 Hendricks Street,Port Townsend,WA 98368 Office: (360)385-3938 Email:taum.ockfcablespeed.com Cell: (360)643-0272 PLAN REVIEW MEMORANDUM To: Mary Blain,Plans Examiner,Department of Community Development,Jefferson County Fr: Thomas L.Aumock,Consulting International Fire Code Plans Examiner and Fire Code Inspector Dt: 18 March 2016 Re: BLD16-099, Pen Air LLC, Botanical Oils Extraction 4429 Coyle Road, Quilcene, APN 701142002 This plans examiner is in receipt of the documentation' for the above-referenced proposal from your office for botanical oil extraction processing equipment,using butane solvent and/or L.P.G.solvent. The above-referenced proposal was reviewed by this plans examiner for compliance with the International Fire Code [I.F.C.], 2012 Edition with applicable \Washington State W.A.C. 51-54 Amendments,W.A.C.314-55-104,and National Electrical Code 70. The following constitutes this plans examiner's findings and determinations based upon the plans of record submitted. It is to be noted that type and specifications for the storage of butane solvent and/or L.P.G,solvent where not in the submittal. Findings,Determinations,and Requirements:. A.General Safety Precautions 1. I.F.C. Section 5003.9 states general precautions for the safe storage, handling or care of hazardous materials shall be in accordance with I.F.C.Sections 5003.9.1 through 5003.9.10. 2. I.F.C. Section 5003.9.1 states that persons responsible for the operation of areas in which hazardous materials are stored,dispensed,handled or used shall be familiar with the chemical nature of the materials and the appropriate mitigating actions necessary in the event of fire,leak or spill. 3. I.F.C. Section 5003.9.1.1 states that responsible persons shall be designated and trained to be liaison personnel to the fire department. These persons shall aid the fire department in preplanning emergency responses and identifying the locations where hazardous materials are located,and shall have access to Material Safety Data Sheets and be knowledgeable in the site's emergency response procedures. 4. I.F.C.Section 5003.9.2 states that storage,dispensing, use and handling areas shall be secured against unauthorized entry and safeguarded in a manner approved by the fire code official. 5. I.F.C. Section 5003.9.3 states that guard posts or other approved means shall be provided to protect storage tanks and connected piping, valves and fittings; dispensing areas; and use areas subject to vehicular damage in accordance with I..F.C.Section 312. 6. I.F.C.Section 5003.9,44 states that electrical wiring and equipment shall be installed and maintained in accordance with NEPA. 70. The Kirkland Dynamics report states that National Electrical Code requirements for Division 2 locations apply to this proposal.[P. 12] 13W 16-099.Pen Air LLC,Botanical Oils Extraction 1 • 7.I.F.C.Section 50019.5 states that when processes or conditions exist where a flammable mixture could be ignited by static electricity,means shall be provided to prevent the accumulation of a static charge. 8. I.F.C. Section 5003.9.7 states that materials that are shock sensitive shall be padded, suspended or otherwise protected against accidental dislodgement and dislodgement during seismic activity. 9. I.F.C. Section 5003.9.8 states that incompatible materials in storage and storage of materials that are incompatible with materials in use shall be separated when the stored materials are in containers having a capacity of more than 5 pounds or 0.5 gallon.Separation shall be accomplished by: 9.1 Segregation of incompatible materials in storage by a distance of not less than 20 feet. 9.2.Isolating incompatible materials in storage by a noncombustible partition extending not less than 18 inches(457 mm)above and to the sides of the stored material. 9.3 Storing liquid and solid materials in hazardous material storage cabinets. 9.4 Storing compressed gases in gas cabinets or exhausted enclosures in accordance with I.F.C. Sections 5003.3.8.5 and 5003.8.6. Materials that are incompatible shall not be stored within the same cabinet or exhausted enclosure. 10.I.F.C. Section 5005.2.2 states that use of hazardous materials in closed containers or systems shall be in accordance with I.F.C.Sections 5005.2.2.1 through 5005.2.2.4. 10.1 I.F.C. Section 5005.2.2.1 states that where closed systems are designed to be opened as part of normal operations,ventilation shall be provided in accordance with I.F.0 Section 5005.2.1.1. 10.2 I.F.C.Section 5005.2.2.2 states that explosion control shall be provided in accordance with I.F.C.Section 5004.6 where an explosive environment exists because of the hazardous materials dispensed or used,or as a result of the dispensing or use process. Exception:Where process vessels are designed to contain fully the worst-case explosion anticipated within the vessel under process conditions based on the most likely failure. B.Location Security 1. I.F.C. Section 5303.5 states that compressed gas containers, cylinders, tanks, and systems are to be secured against accidental dislodgement and against access by unauthorized personnel. 2. I.F.C. Section 5303.5.1 states that areas used for the storage, use, and handling of compressed gas containers,cylinders,tanks, and systems are:to be secured against unauthorized entry and safeguarded in an approved manner. C.Tank Protection and Security 1. I.F.C. Section 5303.5.2 states that compressed gas containers,cylinders,tanks. and systems that could be exposed to physical damage are to be protected. 2. I.F.C.'Section 5303.5.3 states that compressed gas containers,cylinders,and tanks are to be secured to prevent falling caused by contact, vibration,or seismic activity. Securing of compressed,gas containers, cylinders,and tanks is to be by one of the following methods: 2.1 Securing containers,cylinders and tanks to a fixed object with one or more restraints. 2.2 Securing containers, cylinders and tanks on a cart or other mobile device designed for the movement of compressed gas containers,cylinders or tanks. BLI)16-099,Pen Air LLC,Botanical Oils Extraction 2 • S 23 Nesting of compressed gas containers,cylinders and tanks at container tilling or servicing facilities or in seller's warehouses not accessible to the public. Nesting shall be allowed provided the nested containers,cylinders or tanks,if dislodged,do not obstruct the required means of egress. 2.4 Securing of compressed gas containers,cylinders and tanks to or within a rack,framework,cabinet or similar assembly designed for such use. Exception:Compressed gas containers, cylinders and tanks in the process of examination,filling, transport or servicing. 3. I.F.C. Section 5303.6.1 states that compressed gas containers, cylinders and tanks designed for protective caps,collars or other protective devices shall have the caps or devices in place except when the containers,cylinders or tanks are in use or are being serviced or filled. 4. I.F.C. Section 5303.7.5 states that compressed gas containers,cylinders,and tanks are not to be placed in areas where they are capable of being damaged by falling objects, 5.I.F.C. Section 5303.7.3 states that compressed gas containers,cylinders,and tanks are not to be placed near elevators, unprotected platform ledges, or other areas where falling would result in compressed gas containers, cylinders, or tanks being allowed to drop distances exceeding one-half the height of the container,cylinder,or tank. D.Ventilation Requirements For Storage of Hazardous Materials 1. 1.F.C. Section 5004.3 states that indoor storage areas and storage buildings shall be provided with mechanical exhaust ventilation or natural ventilation where natural ventilation can be shown to be acceptable for the butane solvent and/or L.P.G.solvent as stored. 2. Exhaust ventilation systems shall comply with all of the following: 2.1 Installation shall be in accordance with the International Mechanical Code. 2.2 Mechanical ventilation shall be at a rate of not less than 1 cubic foot per minute per square foot [0.00508 m3/(s m2)].of floor area over the storage area. 2.3 Systems shall operate continuously unless alternative designs are approved. 2.4 A manual shutoff control shall be provided outside of the room in a position adjacent to the access door to the room or in an approved location.The switch shall be a break-glass or other approved type and shall be labeled:VENTILATION SYSTEM EMERGENCY SHUTOFF. 2.5 Exhaust ventilation shall be designed to consider the density of the potential fumes or vapors released. For fumes or vapors that are heavier than air,exhaust shall be taken from a point within 12 inches(305 mm)of the floor.For fumes or vapors that are lighter than air,exhaust shall be taken from a point within 12 inches(305 mm)of the highest point of the room. 2.6 The location of both the exhaust and inlet air openings shall be designed to provide air movement across all portions of the floor or room to prevent the accumulation of vapors. 2.7 Exhaust air shall not be re-circulated to occupied areas if the materials stored are capable of emitting hazardous vapors and contaminants have not been removed. Air contaminated with explosive or flammable vapors, fumes or dusts; flammable,highly toxic or toxic gases; or radioactive materials shall not be re-circulated. BLD16-099,Pen Air LLC,Botanical Oils Extraction 3 • • E.Maintenance of Egress 1. Placement of the apparatus, including appurtenances, is subject to I.F.C. Section 1030.2 and 1030.3 which states that a means of egress is to be continuously maintained free from obstructions or impediments to insure full instant use in case of fire or other emergency. F.Cylinder Separation from Hazards 1. I.F.C.Section 5303:7.7 states that open flames and high-temperature devices are not to be used in a manner that creates a hazardous condition. 2. I.F.C.Section 5303.7 states that compressed gas containers,cylinders,tanks,and systems in storage or use are to be separated from materials and conditions which present exposure hazards to or from each other. 3.I.F.C. Section 5303.7.2 states that combustible waste,vegetation,and similar materials are to be kept a minimum of 10 feet from compressed gas containers, cylinders, tanks, and systems. A noncombustible partition without openings or penetrations and extending not less than 18 inches above and to the sides of the storage area is allowed in lieu of such distance. The wall is to be an independent structure, or the exterior wall of the wall of the building adjacent to the storage area.The wall is to be a minimum of 5 ft. tall. 4. I.F.C. Section 5303.7.8 states that compressed gas containers,cylinders,tanks, and systems are not to be exposed to corrosive chemicals or fumes, which could damage containers,cylinders,tanks, valves,or valve-protective caps. 5.I.F.C.Section 5304.1 states that compressed gas containers and cylinders with a capacity greater than 5 L,except those designed for use in a horizontal position, areto be stored in an upright position with the valve end up. G. Liquified Petroleum Gas ILPGI 1. C.F.C. Section 6109.7 states that LP-gas containers shall not be stored in a basement, pit or similar location where heavier-than-air gas might collect. LP-gas containers shall not be stored in above-grade under-floor spaces or basements unless such locationis provided with an approved means of ventilation. Exception:Department of Transportation(DOTn)specification cylinders with a maximum water capacity of 2'/2 pounds(1 kg)for use in completely self-contained hand torches and similar applications. The quantity of LP-gas shall not shall not exceed 20 pounds(9 kg). 2. I.F.C. Section 6109.8 states that LP-gas container valves shall be protected by screw-on-type caps or collars which shall be securely in place on all containers stored regardless of whether they are full, partially full or empty. Container outlet valves shall be closed or plugged. 3. I.F.C. Section 6109.10 states the maximum quantity allowed in one storage location in buildings not accessible to the public,such as industrial buildings,shall not exceed a water capacity of 735 pounds(334 kg) [nominal 300 pounds (136 kg) of LP-gas]. Where additional storage locations are required on the same floor within the same building, they shall be separated by a minimum of 300 feet (91 440 mm). Storage beyond these limitations shall comply with I.F.C.Section 6109.11. H. Butane Solvent/Propane Solvent 1. The Kirkland Dynamics report notes that room temperature is to be kept at or below 75 degrees Fahrenheit at all times by use of constant ventilation and conditioning, which can be done in conjunction with the Section D requirements noted above,where applicable. BLDI 6-099,Pen Air LLC,Botanical Oils Extraction 4 a • I.International Mechanical Code—Pressure Vessels 1. International Mechanical Code Section 1003.1 states that all pressure vessels shall be in accordance, where applicable, with the ASME Boiler and Pressure Vessel Code, and shall bear the label of its listing and shall be installed in accordance with the manufacturer's installation instructions. Any other applicable or relevant sections of said Code not covered herein shall nonetheless apply to this proposal. It is the recommendation of this plans examiner that the proposal be approved subject to the aforesaid Code requirements. 2.5 hours time was logged for staff communications, documentation review, preparation and submittal of this report. 'Engineering Report: Professional Grade Closed Loop Extractor EX4-502, Kirkland Dynamics, LLC, Thomas J Olson,Jr., P.E. -Project 1502031E-0212412015 BLDI6-099,Pen Air LLC.Botanical Oils Extraction 5 • • 06 co, c, JEFFERSON COUNTY '; ' D ART T F ITY D ,VEL P ENT 621 Sheridan Street, Port Townsend,WA 98368 I Web:Gwiw.co.jefferson.wa.usicommunitydevelopment iNcoo Tel:360.379.4450 I Fax:360.379.4451 I Email:dcd(abco.jefferson.wa.us SquareONE Resource Center I Building Permits & Inspections I Development Review I Long Range Planning DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO THE UDC ADMINISTRATOR Re: Marijuana Processing Conditional Use ) PROPOSED FINDINGS, File No: MLA16-00017/ZON16-00006 ) CONCLUSIONS,AND Applicant: Pen Air, LLC—Dave Ward ) RECOMMENDATIONS Project Planner: Joel Peterson,Associate Planner ) SUMARY OF APPLICATION AND RECOMMENDATION Proposal: Pen Air, LLC, P.O. Box 130,Quilcene,WA has applied to Jefferson County for a Conditional Discretionary C(d) Use Permit for Marijuana Processing(Essential Oils Extraction with Profession al Closed Loop Butane Extraction System)at a current permitted Marijuana Productions facility. The proposal adds a 14 foot x 64 foot (896 s.f.)Whitley Evergreen modular work trailer to the site to accommodate the equipment described. Use of the structure is described as"breeding and extracting oil from cannabis". The project also requires a mechanical permit to approve equipment installation and a building permit for installation of the manufactured structure. The project is exempt from SEPA review as described below. Recommendation: Approval with conditions. BACKGROUND INFORMATION Property Owner: Pen Air, LLC—Dave Ward P.O. Box 130 Quilcene,WA 98376 Location: The property is located at 4429 Coyle Road,on the Toandos Peninsula. Legal Description: Parcel Number 701142002,S14 T27 R1W SW NW,NW SW, N1/2 SW SW Site Conditions: The 100-acre parcel straddles a north-south drainage divide between the Toandos Peninsula Sub Basin and the Thorndyke Sub Basin of Watershed Resource Inventory Area 17 (WRIA 17). There are no known environmental concerns or critical areas on the parcel. The site is relatively flat. The site slopes gently east and west from the ridgeline that runs north-south, roughly down the center of the property. The steepest Page 1 of 9 M LA16-00017/ZON 16-00006 Pen Air, LLC—Dave Ward • • areas have approximately 20%slope. Most areas are approximately 5%or less. The site is covered with native vegetation: replanted Douglas fir, maple,salal,salmonberry,and huckleberry. Stormwater dissipates readily. There is no indication of erosion on the site. Before the site was originally developed,the proponent consulted with Community Development on November 3, 2014 in a Pre-Application Conference (PRE14-00024) and chose to pursue the Type III process to apply for release of a Forest Practice moratorium on an area that has very recently been harvested. The application for the moratorium release and development of a Tier III marijuana production facility was approved by the Hearing Examiner on April 8,2015 (MLA14-00101/ZON14-00051). Comprehensive Plan Designation: Commercial Forest(CF-80). The purpose of the commercial forest district is to ensure large tracts of forest lands of long-term significance are protected from incompatible uses,thereby sustaining the ability of forest resource extraction activities to be maintained as a viable commercial activity. Date of Application: March 10,2016. Deemed substantially complete April 4,2016. Environmentally Sensitive/Critical Area Review: A previous application was recently reviewed by the Jefferson County Department of Community Development staff on October 17, 2014 and March 4, 2015 for the potential presence of critical areas under the provisions of the Unified Development Code (UDC). After an initial Geographic Information Systems mapping review,the Department has concluded that the property DOES NOT contain any known critical areas. The property was reviewed April 22, 2016 under the current application and likewise no environmentally sensitive areas were noted. However,future proposals will be subject to a new critical area review and conditions may be added if new critical areas are found on the property. PROCEDURAL INFORMATION Pre-Application Conference: A Pre-Application Conference is typically required for Conditional Use Permits. The requirement for a Pre Application Conference was waived because the applicant had recently been through a Type III permit process for the marijuana production facility and the elements of that evaluation are still relevant. (See email 3/9/2016 David Goldsmith, concurring with Joel Peterson's 3/9/2016 email"Request Approval to Waive Pre-Application Conference Requirement" attached.) SEPA: Jefferson County determined that this proposal is categorically exempt from review under the State Environmental Policy Act(SEPA) pursuant to WAC 197-11-800(1)(iv)--flexible thresholds for minor new construction,for the construction of a commercial structure under 12,000 square feet. This specific exemption threshold is pursuant to the adopted flexible SEPA threshold of Jefferson County under JCC 18.40.750(1)(d). The Department of Ecology SEPA Unit was contacted for any recent SEPA evaluation for closed loop processing systems. Ecology responded that there were no new state requirements for SEPA review of closed loop systems. Summary of Notice Requirements and Dates: Public Notice of Conditional Discretionary Land Use Application • Published in the Port Townsend-Jefferson County Leader newspaper April 6, 2016. • Notice Board was posted on property by applicant April 6, 2016 per affidavit of posting. Page 2 of 9 MLA 16-00017/ZO N 16-00006 Pen Air, LLC—Dave Ward • • • The applicant, agencies/tribes, and property owners within 300 feet of subject property were notified by mail. • Comment period ran through April 20,2016. Mailed notices addressed to Leanne Jenkins,Jamestown S'Klallam Tribe and Point No Point Treaty Council were returned. The Notices were emailed and addresses updated in Jefferson County database. Jenkins confirmed no response was forthcoming and Point-No-Point did not respond after an additional 14 days. Summary of Comments Received: Department of Ecology • Closed loop systems themselves do not require SEPA review(telephone call). Olympic Region Clean Air Authority • ORCAA does not require a permit for closed loop systems(telephone call). Jamestown S'Klallam Tribe • "We have no comments on this proposal." Determination of Permit Review Process: Type II The following findings were made in response to JCC 18.40.520(2)(a)(ii)to determine the appropriate permit review process. See June 1,2016"Discretionary Memo" attached to this report. • The application does not involve potentially significant issues relating to location,design,configuration, and potential impacts to surrounding properties and the community that can be more appropriately considered and addressed through an open public record pre-decision hearing before the Jefferson County hearing examiner. • The application is reviewed under approval criteria for conditional uses and under the marijuana code section of JCC. Site issues are adequately addressed in the code requirements and would not necessarily be better addressed through an open public record pre-decision hearing. Also,the extraction operation proposal was reviewed by the Fire Marshall and no concerns were raised. • The application does not seek approval of a use involving complex legal issues necessitating special expertise in the decision-maker. There is no particular legal complexity with the proposal and no comments were received from agencies and surrounding property owners. • Staff concludes that the criteria under JCC 18.40.520(2)(a)(ii) are not met, and that the permit review would be conducted administratively under a Type II process. STATE&LOCAL APPROVALS AND PERMITS REQUIRED • Washington State Liquor Control Board licensing privileges for recreational marijuana production per Chapter 69.50 RCW and Chapter 314-55 WAC. APPLICABLE JEFFERSON COUNTY ORDINANCES • Jefferson County Comprehensive Plan, adopted August 28, 1998, as amended. Page 3 of 9 MLA 16-00017/ZON 16-00006 Pen Air, LLC—Dave Ward • • • Jefferson County Unified Development Code, adopted December 18, 2000, and effective January 16, 2001,as amended. JEFFERSON COUNTY DEVELOPMENT APPROVALS&PERMITS • Conditional Use Permit for Marijuana Processing • Building Permit • Mechanical Permit ANALYSIS with PROPOSED FINDINGS, CONCLUSIONS AND RECOMMENDATIONS Marijuana Processing—JCC 18.20.295 Recreational Marijuana/Cannabis 18.20.295(2)(b)"Marijuana processor" means a person licensed by the State Liquor Control Board to process marijuana into useable marijuana and marijuana-infused products, package and label useable marijuana and marijuana-infused products for sale in retail outlets,and sell useable marijuana and marijuana-infused products at wholesale to marijuana retailers. Marijuana processing for the purpose of this section may or may not include drying,trimming and bagging of a recreational marijuana product. 18.20.295(3)(b) Processing. Allowed as conditional discretionary(C(d))with a cottage industry permit in forest resource lands and rural residential zoning districts. Applicability of Cottage Industry Standards to Forest Resource Lands: There appears to be a wording error in JCC 18.20.295(3)(b)which,taken literally,would apply the Cottage Industry standards of JCC 18.20.170 to forest resource parcels. The purpose of Cottage Industry permits,as stated in the code, is to provide for small-scale economic development activities on residential parcels, subordinate to the primary residential use. It may be believed that the cottage industry standards would be applied in order to ensure the scale and intensity of the proposal processing facility on forest resource lands is within the parameters of a cottage industry. While following this possible interpretation,the application of cottage industry standards creates several internal conflicts within the code, beginning with the cottage industry requirement that the activity be secondary to the primary residential use. This is in conflict with the primary use of resource-zoned parcels. Subsequent requirements to meet cottage industry standards,such as a limit to the number of employees, hours of operation and other criteria, are intrinsic to residential zones, not to resource zones. Any potential impact from the proposed use on resource lands will be specifically addressed through the conditional use criteria in JCC 18.40.530 Approval Criteria for All Conditional Uses. A reasonable interpretation of the review process for a marijuana processing facility under JCC 18.20.295(3)(b) is that the cottage industry permit with a Conditional Discretionary Use permit review process applies to rural residential zoning districts only. The resource lands are reviewed also with a Conditional Discretionary Use permit process, but are not subject to a cottage industry permit because of the intrinsic difference between cottage industry standards for residential zones and those industries in non-residential zones. The scale,intensity, and nuisance standards are still reviewed under the conditional use criteria. Page 4 of 9 M LA16-00017/ZO N 16-00006 Pen Air, LLC—Dave Ward S Conditional Discretionary[C(d)] Use Permit Approval Criteria: JCC 18.40.530 Approval criteria for all conditional uses. (1)The county may approve or approve with modifications an application for a conditional use permit(i.e., uses listed in Table 3-1 in JCC 18.15.040 as"C(a)," "C(d)"or"C") if all of the following criteria are satisfied: (a)The conditional use is harmonious and appropriate in design,character and appearance with the existing or intended character and quality of development in the vicinity of the subject property and with the physical characteristics of the subject property; Staff Findings:The site is operated as a marijuana production facility under approvals in MLA14-00101/ZON14- 00051. Trimmings from the production process are currently discarded, but can be processed into useable product with the addition of the extraction equipment. This will lower the amount of waste from the production process. This is harmonious with the site and with the use. (b)The conditional use will be served by adequate infrastructure including roads,fire protection,water, wastewater disposal, and stormwater control; Staff Findings:Coyle Road,a Minor Collector,serves the Toandos Peninsula area, including the property. The small amount of traffic created by the development of the marijuana facility is not expected to have any measurable impact to the Level-of-Service of Coyle Road. Road Approach permit RAP15-00004 was approved by Public Works,though performance on this permit has not been completed. It is a condition of ZON14-00051 and shall also be a condition of this approval. The site is served by a private well. Fire protection is provided by the local fire district. (c)The conditional use will not be materially detrimental to uses or property in the vicinity of the subject parcel; Staff Findings:The site is remote and surrounded by other large-parcel commercial forest lands. The facility has maintained a 250-foot setback from neighboring commercial forest lands. (d)The conditional use will not introduce noise,smoke, dust,fumes,vibrations, odors,or other conditions or which unreasonably impact existing uses in the vicinity of the subject parcel; Staff Findings: No nuisance issues were identified during the initial permitting process of the marijuana production facility and during that public hearing. Review of the Kirkland Dynamics Engineering Report (2/24/2015), by the Consulting International Fire Code Plans Examiner,Thomas Aumock, dated March 18,2016, outlined general safety precautions,ventilation and security requirements from the International Fire Code, 2012 Edition. The findings,determinations and requirements from this report become conditions of approval for this permit. (e)The location,size,and height of buildings, structures,walls and fences, and screening vegetation for the conditional use will not unreasonably interfere with allowable development or use of neighboring properties; Staff Findings:The development bulk and dimension is within the standard limits set by Jefferson County Code. The facility is surrounded by an 8-foot sight-obscuring fence (BLD15-00052). Topography and existing vegetation also serve to obscure the site from visual and sound nuisances. Page 5 of 9 M LA16-00017/ZON 16-00006 Pen Air, LLC—Dave Ward • • (f)The pedestrian and vehicular traffic associated with the conditional use will not be hazardous to existing and anticipated traffic in the vicinity of the subject parcel; Staff Findings: Trip count is not significantly increased with the installation of the processing equipment. The estimated one additional employee will easily be accommodated with the ample available parking at the site. (g)The conditional use complies with all other applicable criteria and standards of this code and any other applicable local,state or federal law; and more specifically, conforms to the standards contained in Chapters 18.20 and 18.30 JCC; Staff Findings: The project complies with land use and stormwater requirements. Stormwater will be addressed with BMP T5.30—full dispersion. The structure is licensed through Labor& Industries. (h)The proposed conditional use will not result in the siting of an incompatible use adjacent to an airport or airfield; Staff Findings: Not Applicable. There are no known private airstrips in the area and the development is within the maximum 35-foot height requirement. (i)The conditional use will not cause significant adverse impacts on the human or natural environments that cannot be mitigated through conditions of approval; Staff Findings: The building does not add any appreciable level of impervious surface(896 square feet). According to the Engineering Report by Kirkland Dynamics,the closed-loop extraction equipment is designed to meet marijuana processor license extraction requirements of WAC 314-55-104, and the equipment is designed to meet any required fire,safety,and building code requirements(see Engineering Report for complete list of standards applied to the equipment). (j)The conditional use has merit and value for the community as a whole; Staff Findings: Marijuana regulations specify Conditional (d) use process for production facilities to provide public input on more intensive uses. The public and agencies were invited to comment on the proposal. The facility is far removed from any noise,sight or smell receptors.The proposed processing facility is within the existing compound and adds a process that increases efficiency to the production/processing system by reducing the amount of waste material that needs to be processed and composted. It takes production waste and makes a product from it,creating additional economic opportunity. It can be opined,therefore,that the proposal has value for the.community as a whole. (k)The conditional use is consistent with all relevant goals and policies of the Jefferson County Comprehensive Plan; and Staff Findings: The proposal is consistent with the Comprehensive Plan (Agriculture, economic development, environmental protection). (I)The public interest suffers no substantial detrimental effect.Consideration shall be given to the cumulative effect of similar actions in the area. Page 6 of 9 MLA 16-00017/ZO N 16-00006 Pen Air, LLC—Dave Ward • • 18.40.540 Additional conditions.The county may impose additional conditions on a particular use if it is deemed necessary for the protection of the surrounding properties,the neighborhood,or the general welfare of the public.The conditions may Increase requirements in the standards, criteria or policies established by this code; Stipulate an exact location for the conditional use on the subject property as a means of minimizing hazards to life, limb, property damage, erosion, landslides or traffic;or require structural features or equipment as a means of minimizing hazards to life, limb, property damage, erosion, landslides or traffic. Staff Findings: There is no compelling reason to stipulate an exact location for the conditional use on the subject property, except that it must be within the fenced area and surveillance area for WSLCB requirements, and needs to be set-up and operated in the building as approved by the Fire Code Inspector. If the equipment is moved on site, another mechanical permit review will be required. The requirements of the Fire Code Inspector's March 18,2016 report are conditions of approval for this CUP. Accessory Use to Agriculture in Commercial Forest: Jefferson County Comprehensive Plan, Natural Resources Chapter 4: Goal: NRG 3.0 Conserve and protect Forest Resource Lands for long-term economic use. Policy: NRP 3.4 Allow commercial forest management and harvest, mineral extraction,sand and gravel operations and those land uses which maintain, enhance,or have no impact on the long term management of designated commercial forest lands. Staff Findings: Jefferson County, planning under the State Growth Management Act, places a high value on all resource lands. The proposal to Add marijuana oils extraction equipment to an existing commercial marijuana production facility on 2.3 acres of forest lands. The current use on this 2.3 acres is considered to be agriculture. This resource use will have little or no long term impact to other resource uses,which Policy NRP 3.4 above suggests is a protective policy for long term management of designated commercial forest lands. Agriculture activities would not have the same intensity of use on forestry as mineral extraction,for example. Forestry use is being maintained on the majority of the subject parcel. Marijuana Activities Exclusion Zone: Staff Findings: Per Chapter 314-55 WAC,the location for the proposed marijuana production facility is not within a known exclusion zone based on the criteria of"The distance shall be measured as the shortest straight line distance from the property line of the licensed premises to the property line of an elementary or secondary school, playground, recreation center or facility,child care center, public park, public transit center, library or arcade where admission is not restricted to those age 21 and older." Other applicable development standards: Chapter 18.30 JCC Commercial Site Development Stormwater Management Requirements Staff Findings: Page 7 of 9 MLA 16-00017/ZO N 16-00006 Pen Air, LLC—Dave Ward • • The applicant proposes approximately 896 square feet of new impervious surface and no clearing/grading or land disturbing activity. The proposal does not require a stormwater permit. Stormwater is proposed to be managed through "Full Dispersion" per SWMMWW BMP T5.30, including a minimum 100 foot flow path over native vegetated surface, at a 15%maximum slope. STAFF RECOMMENDATION Based on the preceding findings and conclusions,staff recommends finding that the proposal is consistent with the applicable plans and ordinances, and that it meets the review criteria of Jefferson County Code. Approval of the marijuana processing use on Parcel#701142002 should be granted subject to the following conditions: Recommended Conditions: 1. The Plan Review Memorandum by Thomas L.Aumock, Consulting International Fire Code Plans Examiner and Fire Code Inspector, dated March 18,2016,outlines Findings, Determinations, and Requirements from the International Fire Code,2012 Edition. The entire report,including all General Safety Precautions,Tank Protection and Security Requirements,Ventilation Requirements, Maintenance of Egress Requirement,Gas Cylinder Requirements,and International Mechanical Code Requirements shall be followed as conditions of approval for this Conditional Use Permit. 2. The storage and handling of inflammable liquids, liquefied petroleum,gases and explosives shall comply with rules and regulations falling under the jurisdiction of the fire marshal,the laws of the state and other local ordinances. Bulk storage of inflammable liquids below ground shall be located no closer to the property line than the greatest dimension(diameter, length, or height) of the tank. 3. The intensity of sound emitted by any commercial or industrial activity shall not exceed levels established by the Washington State Department of Ecology under WAC 173-60, and by Jefferson County under Resolution No. 67-85, "Establishment of Environmental Designations for Noise Abatement Areas for Jefferson County." 4. The manufactured structure shall use gutters, downspouts and splash blocks to achieve the stormwater management manual full dispersion BMP T5.30. 5. The applicant is required to submit evidence of an adequate water supply before a building permit can be issued for any building requiring potable water(RCW 19.27.097). According to the application,the proposed marijuana processing facility—new manufactured building and closed-loop extraction equipment—does not require potable water. 6. The applicant shall complete the performance requirements for a Public Works Road Approach Permit RAP15-00004 as approved by Public Works. 7. No building permit shall be issued for any use involved in an application for approval for a conditional use permit until the conditional use permit is approved and becomes effective. 8. 18.40.560 Effective period—Expiration. Page 8 of 9 M LA16-00017/ZON 16-00006 Pen Air, LLC—Dave Ward • a. A conditional use permit automatically expires and becomes void if the applicant fails to file for a building permit or other necessary development permit within three years of the effective date (the date of the decision granting the permit)of the permit unless the permit approval provides for a greater period of time. b. Extensions to the duration of the original permit approval are prohibited. c. The department of community development shall not be responsible for notifying the applicant of an impending expiration. 9. 18.40.580 Conditional use permit to run with the land. A conditional use permit granted under this article shall continue to be valid upon a change of ownership of the site, business,service, use or structure that was the subject of the permit application. No other use is allowed without approval of an additional conditional use permit. The proposed marijuana processing must be within the fenced area and surveillance area for WSLCB requirements,and needs to be set-up and operated in the building as approved by the Fire Code Inspector. If the equipment is moved on site,another mechanical permit review will be required. The requirements of the Fire Code Inspector's March 18,2016 report are conditions of approval for this CUP. 10. This CUP allows the manufactured structure to house the extraction equipment and to be used as specified in the application (breeding and extraction area). The structure is not a Residence and has not been permitted for human habitation. Prepared by Project Planner,Joel Peterson,June 9, 2016 Page 9 of 9 M LA16-00017/ZON 16-00006 Pen Air, LLC—Dave Ward