HomeMy WebLinkAbout25 2014-07-17s
JEFFERSON COUNTYs °
2 DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street I Port Townsend,WA 98368 I Web:www.co.iefferson.wa.uslcommunitydevelooment
it ),.Tel:360.379.4450 I Fax:360.379.4451 I Email:dcdOco.jefferson.wa.us
Building Permits&Inspections I Development Consistency Review I Long Range Planning I Watershed Stewardship Resource Center
July 17, 2014
David S. Mann
Gendler&Mann, LLP
936 N. 34`h St., Suite 400
Seattle, WA 98103
Dear Mr. Mann,
This correspondence is to follow up on your correspondence of July 10, 2014 regarding the proposed
Geoduck Farm to be located in Port Ludlow, WA with Section SE 33 Townsend 28N Range 01E, WM.
For background: In response to your letter dated June 16, 2014, I responded that I discussed this issue
with the County's civil attorney, and we have concluded that when the LLC submitted their JARPAs on
November 5, 2013 and December 12, 2013 the projects applied for did not, in accordance with the 1989
Master Program as amended, require a shoreline substantial development permit from the County. For
the development that will be undertaken in accordance with those JARPAs no County permit is required
and thus no county oversight will occur.
In your email dated July 10,2014 12:58 pm you asked:
Does the County issue some sort of"complete application"determination based on a Jarpa application? In
other words, when did the County determine that the McCrea operation was "vested" as a pre SMP non-
conforming use? Did you issues some sort ofnotice or letter?
What concerns me is your new SMP defines a non-conforming use. And where the new SMP requires a
CUP,the actual "use" has to be in place prior to the effective date of the new SMP. Here, despite the date
of the JARPA,the"Use"did not exist. They did not start installation until after the effective date.
6.Non-conforming Development
The following shall apply to non-conforming uses and developments, as defined in Article 2:
A. Legally established uses,buildings, structures and/or lots of record that do not meet the
specific standards ofthis Program are considered legal non-conforming and may continue
as long as they remain otherwise lawful,and meet the following criteria:
1. Existing, Permitted,or Vested-The use, building, structure,or lot was existing on
the effective date of initial adoption of the Program(December 20, 1974),or any
subsequent amendment thereto,or was authorized under a permit or approval
issued,or is otherwise vested to the Program;or
2. Variance-A structure for which a variance has been issued:: or
3. Conditional-The existing use is designated as a conditional use under this
Program and existed prior to the adoption ofthis Program or the adoption of an
applicable amendment hereto and which has not obtained a conditional use
permit;or
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You further asked in an email dated July 10,2014 1:41 pm the following:
The basis for my last email asking about notification is JCC 18.25.750 which requires notices of exemption
to be filed with Ecology where the exemption is for a project that required approval by the Corps under
Section 10.
I'm looking for a copy ofthe notice of exemption and date it was filed with Ecology.
Vesting is determined by number 6.1. Existing, Permitted, or Vested -The use... was authorized under a permit or
approval issued,or is otherwise vested to the Program;Without a permit required and with submittal of a JARPA to
USACOE and submitted to DCD concurrently on November 5, 2013 and December 12, 2013, it is our
determination that the use and activities described in the JARPA are vested to the 1989 Shoreline Master Program
which was in effect on that date,
It was determined in 2005 that geoduck culture did not meet the definition of development under the existing SMP
and was not subject to a local permit.
18.25.280 Aquaculture.
1)Definition. Aquaculture is thefarming or culturing ofaquatic organisms.
Aquaculture encompasses a wide variety of activities including hatching, seeding, planting, cultivating,
feeding, raising, and harvesting ofplants and animals. These activities may have widely differing impacts on
the aquatic and shoreline environment. Those activities which do not meet the definition of development in
this master program, such as beach culturing and hand harvesting, are not subject to the shoreline permit
requirements ofthe Shoreline Management Act and this master program.
Given geoduck culture was not subject to a local permit under the prior Master Program, there is no notice
of decision for shoreline exemption. We did provide a letter to the applicant in response to the JARPA
submittal that is attached to this correspondence. Requests for any documents filed with Ecology should
be addressed to Ecology for response.
Best regards,
c.0
Stacie Hoskins
Planning Manager
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