Hearing Examiner Allows Conditional Use Permit for Pot-growing Operation

— from the Nov. 3 Hearing Examiner’s decision —

On Nov. 3, Sharon A. Rice, San Juan County Hearing Examiner, signed off on a Conditional Use Permit (CUP) for Tusco Property Management of Bellevue to construct a building to house indoor commercial marijuana production and processing under state-licensed Initiative 502.

The  indoor agricultural operation will be located at 46 Hope Lane in Eastsound, in the same neighborhood as Lotioncrafter, Island Hoppin’ Brewery, Frontline Call Center, the Animal Protection Society shelter and soon, Orcas Events party rentals.

The 1.5-acre subject property has a Service and Light Industrial land use designation. It is surrounded by commercial or industrial uses in all directions. The site abuts Mt. Baker Road to the north, and there are residential uses across the road with the nearest parcel being an estimated 60 feet distant (as the crow flies). The property is located southwest of the Eastsound airport. It is located approximately 500 feet west of the San Juan County Sheriff’s Office and 1,200 feet west of the Eastsound fire station.

The Hearing Examiner’s decision noted that, “As of the date of the application, San Juan County has not adopted regulations relating to marijuana. The proposed indoor commercial agricultural use is neither prohibited nor allowed in the land use designation, meaning approval is subject to conditional use permit review pursuant to San Juan County Code (SJCC) 16.55.230.B.”

The facility would employ up to five full time employees, the majority of whom would be on-site between 8 a.m. and 8 p.m. Traffic would consist of employee traffic, one or two delivery round trips per week, approximately five to 10 visitors per month, and one weekly trip taking finished product off-site. No other traffic is proposed or anticipated.

Washington State Liquor and Cannabis Board imposes strict security requirements on cannabis producing operations that would apply to the proposal. These include background checks for owners, a securely locked facility, identification badges for employees, strict tracking of visitor access, alarm systems, video surveillance of all controlled access areas and retention of video footage for a 45 day period to support WSLCB oversight of on-site activities, securely controlled plant waste disposal, and measures to ensure traceability from seed to sale for all parts of cannabis plants including refuse and finished products.

The facility would not advertise its name or the nature of the indoor activities on or off site.

Washington State Liquor and Cannabis Board (WSLCB) requires signage as follows: Identification badge requirement, Firearms/weapons prohibition, Notice of security cameras, Underage persons prohibition.

The Applicant has applied for and received certificates of availability for sewer and water service from Eastsound Sewer District and Eastsound Water Users Association. Aside from sanitary facilities (restrooms), no waste water would be produced on-site; the agricultural operation would not generate process waste water.

Not more than five gallons of liquid fertilizers and one gallon of liquid pesticide would be kept on-site at a time, to be stored in a locked cabinet. The building is designed to include an interior dead-end sump drain in the floor, despite the fact that no watering runoff or overflow are anticipated.

The facility would generate two kinds of waste: plant waste and general empty container waste. Plant wastes would be comprised of unusable portions of the plants and the coconut fiber growing medium. State regulations require all plant and growing medium waste to be collected daily and stored for 72 hours in a quarantine area. Following quarantine, plant waste and growing medium would be ground and composted inside an enclosed, fenced outdoor area under 24-hour camera surveillance.

The proposed building construction and indoor agricultural use is exempt from review for compliance with the State Environmental Policy Act pursuant to Washington Administrative Code (WAC) 197-11-800(1)(b)(iii) because the structure is smaller than 10,000 square feet.

The County received a number of public comments prior to the public hearing opposing the proposed conditional use. There was also public comment offered at the hearing, both in opposition and support. Neighboring residence owners echoed sentiments in the written public comments that the proposal should have to wait for the County to adopt marijuana regulations and then comply with those future regulations.

In review of the application and supporting materials, Community Development Department Staff concluded that the proposal as conditioned would comply with the standards of the Unified Development Code and to be consistent with the Eastsound Subarea Plan. …. Considering public and agency comment and the record as a whole, Planning Staff recommended approval subject to conditions as clarified during hearing procedures.

The Conclusions Based on Findings of the Hearing Examiner said that, “with conditions, the proposed agriculture production and processing facility would be consistent with the applicable policies of the Comprehensive Plan or of the Service and Light Industrial land use designation. Agriculture is not prohibited in the SLI zone, and as such may be approved through the conditional use process.

“The record contains no evidence of impacts that cannot be mitigated by the conditions imposed herein. … Land use permits cannot be denied based on the basis of popularity.

“Conditions of approval would ensure the proposed use would not cause significant adverse impacts to the human or natural environments.”

Appeal
This land use decision is final and is not subject to administrative appeal to the San Juan County Council. Depending on the subject matter, this decision may be appealable to the San Juan County Superior Court or to the Washington State Shorelines Hearings Board.

To read the full document, go to https://www.documentcloud.org/documents/2510909-tusco-prop-mgmt-cup.html

Thanks to Ann Palmer