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2008-959-Minutes for Meeting November 10,2008 Recorded 11/17/2008
COUNTY NANCYUBLANKENSHIP,F000NTY CLERKS 1~V ~VV~-959 COMMISSIONERS' JOURNAL 1111111 1111 11/17/2008 11:52:59 AM Do not remove this page from original document. Deschutes County Clerk Certificate Page If this instrument is being re-recorded, please complete the following statement, in accordance with ORS 205.244: Re-recorded to correct [give reason] previously recorded in Book or as Fee Number and Page Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.oriz MINUTES OF BUSINESS MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, NOVEMBER 10, 2008 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend Present were Commissioners Dennis R. Luke, Michael M. Daly and Tammy Baney. Also present were Dave Kanner, County Administrator; Erik Kropp, Deputy County Administrator; Don Webber, Emergency Services; Tom Anderson, Paul Blikstad, Cynthia Smidt, Chris Bedsaul and George Read, Community Development; Timm Schimke, Solid Waste Department; Larry Blanton, Sheriff; David Inbody, Administration; Laurie Craghead, Legal Counsel; and approximately thirty other citizens including representatives of the media.. Chair Luke opened the meeting at 10:00 a.m. 1. Before the Board was Citizen Input. None was offered 2. Before the Board was a Presentation of the Annual Report on the Deschutes River Mitigation and Enhancement Program. This presentation will be done at the Wednesday, December 10 business meeting. 3. Before the Board was a Public Hearing on an Appeal of the Hearings Officer's Decision Approving a Type 3 Home Occupation Application for a Cabinet Manufacturing Business (Applicant: Vander Zanden, File #OA- 818). Minutes of Board of Commissioners' Business Meeting Monday, November 10, 2008 Page 1 of 10 Pages Cynthia Smidt read the opening statement for this de novo hearing. The applicant has asked for Board reconsideration of five conditions required by the Hearings Officer. In regard to ex pate contact, bias, prejudgment or personal interest, Commissioner Baney said she knows a Peg Vander Zanden who lives in Eastern Oregon. The applicant said this person is unknown to her. The Commissioners had nothing to claim and there were no challenges. Ms. Smidt gave an overview of the application. She referred to an oversized aerial photograph of the area. She pointed out where the driveway is located, and where the house and other structures are situated. The property is landlocked so access is shared with a neighbor. The property has a split zone, MUA-10 and EFU. The proposed home occupation is on the EFU portion. The Commissioners did not receive the full notice of appeal application previously but should have it now. The landscape plan and photos are now included, along with comments from the Fire Department and testimony from neighbors. The appellants asked for reconsideration of items #7, 8, 9, 12 and 13. Hours of operation were limited to two Saturdays per month; the applicant would like to have every Monday through Saturday from 7 to 5 p.m. Commissioner Luke stated that if there were no employees, they could do what they want. Ms. Smidt said it affects delivery as well. Ms. Smidt said that the Hearings Officer chose more limited hours. In regard to condition #8, two employees were approved but the applicant would like up to five employees. Under #9, allowed would be five business-related trips, two employees, one delivery and one customer. It is assumed that the Hearings Officer assumed each trip was two ways, but it is actually one way. This could be read either way. Condition # 12 deals with a noise and sound threshold testing. The applicant does not argue the first two sections of the condition, but the last part regarding monitoring by an independent contractor is being appealed. Condition # 13 relates to required landscaping. They would like to have it just on the north side and not the south, and object to clustering. Ms. Smidt said she understands the clustering could be replaced by a line of trees instead. Minutes of Board of Commissioners' Business Meeting Monday, November 10, 2008 Page 2 of 10 Pages Laurie Craghead stated that if there are no employees, no listing of hours is shown but the use must be compatible with the area in regard to dust and noise. Also, in regard to trips, the Code refers to trips to the site; therefore the trips from the site should be additional. A traffic study shows just trips to a site and not the ones leaving. Commissioner Daly asked why the Hearings Officer limited it to five trips. Commissioner Baney said that the Code talks about staffing of no more than five employees. Ms. Smidt said that the application only asked for two employees and based other information on that number. Findings would have to be made to support those findings. Commissioner Luke said a letter in the record talks about the driveway. Ms. Smidt stated that they thought originally there was legal access. A condition of approval is that legal access be established; that adequate access is not sufficient. Lisa Klemp and Bruce Vander Zander came before the Board. Ms. Klemp explained the property is twenty acres with mixed MUA and EFU zoning. It is also in the airport safety combining zone, which results in aircraft noise. Ms. Klemp gave an overview of the buildings and their uses. All activity will take place inside an insulated, concrete accessory building. It went through site and design review through the County. The only outside delivery would be the one a week delivery of cabinet wood. The hours of operation would be Monday through Saturday, 7 a.m. to 5 p.m. They would like to have the option of having five employees, which is allowed under the Type 3 home occupation rules. Small accessories could be delivered by van. There is no intent for customers to be on site. Occasional unloading and loading are allowed by the Ordinance. The building is already screened by large trees and other buildings. Commissioner Luke asked if the property is sold, would the new owner have to go through the process. Ms. Craghead stated that the same type of home occupation would stay with the property. They would have to comply with conditions established in this case. Mr. Vander Zander said he has been designing and building customer cabinets for thirty years. They do assembly and finish work, including lacquering. The emissions are small and DEQ has no problem with it. The dust collection system is contained inside. Waste products are recycled at the landfill. DEQ stated that if ten tons are discharged a year, a permit is needed. Minutes of Board of Commissioners' Business Meeting Monday, November 10, 2008 Page 3 of 10 Pages With twelve employees and a lager operation in a different location, this resulted in less than five tons. Ms. Klemp said DEQ considers this minimal. The block construction results in significant soundproofing. When looking at where the neighbors are, the closest is the neighbor to the south who is supportive. The next neighbor's home is farthest to the east, as are the other neighbors. The decibel reading outside the structure is a maximum of about 54, and is much less at the neighboring properties. Mr. Vander Zander said that their home is about 25 feet from the buildings and she is a night worker, so he has to keep the noise down. Ms. Klemp submitted the rules of DEQ on how these effects are measured. She suggested that the DEQ standard be used to measure this. The only people available to do readings are located in Portland, and the cost would be well over $1,000. There is no County-approved list of companies that do this type of reading. The cost of equipment used to read the noise level is over $400. Ms. Craghead said that the noise control ordinance talks about disturbing the neighbors. Therefore, it is complaint driven. In reference to the driveway, the site plan does not show all of the neighboring lots. Ms. Klemp stated that traffic generated would be no more than normally found for a residence. Also, there is significant landscaping in place already. Mr. Vander Zander said that the drainfield is located in a lot north of the property through an easement agreement. Ms. Klemp said that if the business expands, they would like to have up to five employees. It is costly to have to reapply to increase this number. Commissioner Baney stated that the Deputy Fire Marshal said that requirements have not been met. Mr. Vander Zander said that he has to limb up some trees for height and move a fence to meet the twenty feet width as required by the Fire Marshal. Ms. Klemp stated that the sound testing is cost prohibitive and is ripe for abuse if a neighbor wants to complain and the testing is required each time. There is no resource for the testing to be done in the area and it is expensive to bring in an outside specialist. Minutes of Board of Commissioners' Business Meeting Monday, November 10, 2008 Page 4 of 10 Pages In regard to landscaping, the neighbor to the south feels it is not necessary at that location and it further would make it difficult to use the barn. There are existing trees and the applicant feels the type of screening required is not reasonable. They will fill in the areas between the existing Juniper trees. The Hearings Officer wanted the building further screened from McVey Avenue. Commissioner Luke suggested that a revised landscaping plan be submitted for staff to review. The property is not visible from the Deschutes River. In regard to the hours and days, Commissioner Baney asked what criteria are outlined for a conditional use permit. Ms. Craghead stated that they need to be compatible with surrounding uses of properties. The criteria are very general. Commissioner Luke asked why the drainfield is on another parcel. Mr. Vander Zander said it was all one large parcel when developed in the 1940's. Ms. Klemp found that the proposed use was compatible with the surrounding area per the Hearings Officer. Commissioner Luke called for a five-minute break at 12:05 p.m. Kevin Sweet testified that he lives adjacent and east and south of the property. He said the row of existing trees is all dying junipers that have been eaten down by horses. The structures are located through their view and the junipers no longer effective. The property is well kept but if there are employees, trucks and lights, it affects their view. Commissioner Luke said that if this was a farm operation no one could complain. Mr. Sweet said he doesn't want to see this kind of business next to his property. A farm would only be seasonal. Commissioner Luke asked what kind of trees he feels should be planted. Fast- growing trees can also affect the view. Mr. Sweet said he has not given it any thought as he didn't think this would get so far. Commissioner Luke stated that the Board took a couple of years to develop the home occupation ordinance and they are involved with some conditions. Mr. Sweet said that he was caught off guard by this application for a business use. He is about 1,000 feet from the building. Mr. Sweet read a prepared statement at this time, listing his objections to the business use being approved. Minutes of Board of Commissioners' Business Meeting Monday, November 10, 2008 Page 5 of 10 Pages Doug Schulz testified that he lives adjacent to the property to the east, at the corner of 67th and McVey. He is very aware of the traffic going to and from the property. He pointed out that zoning is theoretically to segregate uses of property but in actually is used to allow conditional uses. Some things are taken for granted and why people choose to live where they live. The type 3 code allows up to twenty business related trips, which relates to 40 times past the property. There are no shoulders on the road. The increase of eight trips per day does not fit. The concern is although they live at a distance, they are worried about encroachment. MUA-10 is low density. When you add a few businesses, this can create double or triple the traffic in the area. He pointed out that the event property recently discussed is north of the property. The road is a favorite route for bicyclists. He said the road is paved but does not have paved shoulders. He did not know if it is to County standards. Ms. Smidt stated that it is County maintained. Mr. Schulz said that the Hearings Officer tried to require a reduction of noise levels, hours and the number of employees. Also required were buffers for landscaping. Mr. Schulz stated that this is more useful in a light industrial area. He said in regard to the noise issue, criterion # 11 was purposely changed by the Commissioners in 2007 when revised. The use is not be detrimental to adjacent properties. The applicant talked about tractors, airplanes and other items expected to be in the area. There should not be prolonged noise. That is a tougher standard. Data regarding thick concrete walls does not address openings in the walls. Sound deadening would not be as effective through doors and windows. Open roll-up doors and leaving doors and windows open during hot weather will reduce the sound deadening effect of the concrete walls, and it is unknown if this will dissipate over twenty acres. He is concerned about the intense noise that a business like this can generate. The applicant now wants to increase the number of employees from two to five, and does not want to be accountable for excessive noise. He expects the neighbors to complain instead. A decibel meter costs less than $25. A noise complaint generates a Sheriff Office visit and could result in a court case. It is appropriate for the applicant to be responsible for the control of noise. Power tools can make a lot of noise and this is more appropriate for an industrial area. The applicant is strongly focused on the outcome he desires. The potential for abuse is high. Mr. Schulz is worried about the outcome if others want to do the same thing. Minutes of Board of Commissioners' Business Meeting Monday, November 10, 2008 Page 6 of 10 Pages Commissioner Daly said the Board worked for two years on the home occupation ordinance. The applicant has to mitigate any potential problems. The County cannot stand in the way if it appears that the mitigation can be handled. No business owner will want to make a huge investment if there is a possibility of failure. Mark Corbett testified that his property is adjacent and shares use of the driveway. His reason for speaking is that the attorney said there is an easement for the driveway. This is accurate but is specifically for another parcel to the south. Commissioner Luke said he can't imagine a lot being created that is landlocked. Mr. Corbett stated that his property line was moved due to a resurvey, thirty feet total, in the late 1970's. Commissioner Daly asked how long the driveway has been in place. Mr. Corbett submitted a drawing showing the area. He said that this affected the easement as well. The previous owners kept five acres and sold the rest. Mr. Corbett's concern is the gravel road, and he would like to see a shared maintenance agreement or a paved area around the apron. Commissioner Daly asked if there is concern about the applicant having legal use of the access. Mr. Corbett stated that he doesn't care about the applicant using it, but wants to see the maintenance part addressed. No further testimony was offered. Ms. Klemp and Mr. Vander Zanden came before the Board. Commissioner Luke stated that the use of lacquer seems more than what is an ordinary use. Ms. Craghead stated that type 3 uses are different than types 1 and 2. Ms. Klemp said that this was addressed at the previous hearing. The applicant appreciates the concerns of the neighbors, which is why they put the formed structure in place for this use to control noise. It was built to look like a structure suitable for the area. It will be hard to plant something that the horses will not eat, but they will work on it. They will work with the Corbetts on the survey issue. She was not aware of the boundary moving thirty feet. The Hearings Officer addressed this. Commissioner Baney asked how the roll-up doors and windows will affect noise mitigation. She asked if the doors will be closed. Mr. Vander Zander said that the closed doors allows for the building to be cooler in the summer as well as warmer in the winter. The windows are built to mitigate sound transfer. The doors are also insulated. Minutes of Board of Commissioners' Business Meeting Monday, November 10, 2008 Page 7 of 10 Pages Commissioner Daly asked if the noise is measured from the neighbor's home or next to the building itself. Ms. Craghead said that at all points beyond the exterior wall of the structure are counted. Ms. Klemp stated that DEQ measures 25 feet from the source or from the property boundary. Ms. Klemp asked the record be left open so they can submit additional information regarding landscaping. Ms. Craghead said the deadline was extended to mid-December. An extension would go beyond that. Ms. Klemp stated they would waive rebuttal. Discussion occurred regarding the written record closing on November 17. A week would be allowed for rebuttal argument but no new evidence. The applicant would waive final rebuttal. A decision should be able to be done in early December. The oral record was closed at this time. 4. Before the Board was Discussion of a Text Amendment to Title 17 (TA- 087), Adopting New Language per ORS, regarding Improperly Created Parcels (Applicant: Yager). Chris Bedsaul said this is applicant requested resulting from potential legal issues. Occasionally property owners purchase property that has not been subject to the proper creation of the property. Commissioner Luke asked what the potential unintended consequences might be. Mr. Bedsaul said that under ORS 92, the owner has the right to apply for a single lot partition to make the lot legal. Not all lots created previously would fall under ORS 92. They have to meet the minimum lot size applicable at the time it should have been created. The Planning Commission held a hearing and no negative input was received. The Planning Commission made one minor change to the language. A hearing will be held later in the year to resolve this issue. 5. Before the Board was Discussion of an Appeal of the Hearings Officer's Decision regarding an Application for a Conditional Use Permit for Surface Mining Activities (Johnson Road; Applicant: Latham Excavation). Minutes of Board of Commissioners' Business Meeting Monday, November 10, 2008 Page 8 of 10 Pages Commissioner Luke suggested that this item be moved to the 1:30 Board work session since the morning's meeting is running late. 6. ADDITION TO THE AGENDA Before the Board was a Presentation regarding the Cascadia Subduction Zone Earthquake Area. Don Webber gave a brief overview of the potential effects of the Cascadia Subduction Zone regarding earthquakes. James Roddey of the Department of Geology and Mineral Industries (DOGAMI) gave a presentation of the study. (A copy is attached for reference.) He stated that there is a caldera 29 miles across in the Prineville area that is being studied. The collapse of the caldera is the reason why Prineville has water problems. Mr. Roddey sated that the zone has the capability of creating 9+ earthquakes that could last for minutes. If this fault breaks, it affects at 600 mile length of fault area. Oregon is fairly quiet when it comes to earthquakes, compared with Washington and California. Shifts in this zone typically occur every 400 to 600 years. The potential threat of these giant earthquakes has only been known for about twenty years. Oregon has the potential of experiencing any type of earthquakes that occurs anywhere on earth. Mr. Roddey then gave an overview of the potential effect of this event on Central Oregon and surrounding areas. Central Oregon would likely become a staging area for recovery as it would not be as greatly affected as the western part of the state. The immediate impact would be a loss of power and phone service and damaged infrastructure, followed by an influx of people from the other areas. This earthquake could affect more than ten million people. This situation needs to be addressed on a long-term basis. Most public buildings have been evaluated as to the need for seismic upgrades, and funds will be bonded for that purpose over time. There is about a one in six chance of this earthquakes happening within the next fifty years. Few areas in the country are immune to the chance of earthquakes. The greatest threat is in California, followed by the Pacific Northwest and the central part of the country around the Mississippi River (New Madrid fault). Minutes of Board of Commissioners' Business Meeting Monday, November 10, 2008 Page 9 of 10 Pages When a large subduction earthquake happens, the poles actually shift and millions of square miles are affected. Preparation is key to survival. Being no further items to come before the Board, the meeting adjourned at 1:10 p.m. DATED this 10th Day of November 2008 for the Deschutes County Board of Commissioners. Luke, Tammy money, Vice C ATTEST: Recording Secretary . Dart', Con*issioner Minutes of Board of Commissioners' Business Meeting Monday, November 10, 2008 Page 10 of 10 Pages Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., MONDAY, NOVEMBER 10, 2008 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend CITIZEN INPUT This is the time provided for individuals wishing to address the Board, at the Board's discretion, regarding issues that are not already on the agenda. Citizens who wish to speak should sign up prior to the beginning of the meeting on the sign-up cards provided. Please use the microphone and also state your name and address at the time the Board calls on you to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject of a public hearing will NOT be included in the record of that hearing. 2. A PRESENTATION of the Annual Report on the Deschutes River Mitigation and Enhancement Program - Peter Gutowsky, Community Development Department 3. A PUBLIC HEARING on an Appeal of the Hearings Officer's Decision Approving a Type 3 Home Occupation for a Cabinet Manufacturing Business (Applicant: Vander Zanden, File #OA-818) - Cynthia Smidt, Community Development Department 4. DISCUSSION of a Text Amendment to Title 17 (TA-087), Adopting New Language per ORS, regarding Improperly Created Parcels (Applicant: Yager). - Chris Bedsaul 5. DISCUSSION of an Appeal of the Hearings Officer's Decision regarding an Application for a Conditional Use Permit for Surface Mining Activities (Johnson Road; Applicant: Latham Excavation) - Paul Blikstad, Community Development 6. ADDITIONS TO THE AGENDA Board of Commissioners' Business Meeting Agenda Monday, November 10, 2008 Page 1 of 6 Pages Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY. Please call (541) 388-6571 regarding alternative formats or for further information. FUTURE MEETINGS: (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners ' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572) Monday, November 10, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Tuesday, November 11, 2008 Most County offices will be closed to observe Veterans' Day Wednesday, November 12, 2008 8:00 a.m. Conference Call, Public Affairs Counsel (State Lobbyist) 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, November 13, 2008 7:00 a.m. Regular Meeting with the City of Redmond Council, in Redmond Monday, November 17 through Friday, November 21 Annual Association of Oregon Counties' Conference, Eugene Monday, November 24, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) 5:00 p.m. Public Hearing with City of Bend Council on Urban Growth Boundary Expansion Board of Commissioners' Business Meeting Agenda Monday, November 10, 2008 Page 2 of 6 Pages Wednesday, November 26, 2008 10:00 a.m. (Tentative) Board of Commissioners' Meeting 1:30 p.m. (Tentative) Administrative Work Session - could include executive session(s) Thursday, November 27, 2008 Most County offices will be closed to observe Thanksgiving. Friday, November 28, 2008 Most County offices will be closed today (unpaid holiday) Monday, December 1, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) 3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council) Tuesday, December 2, 2008 12 noon Audit Committee Meeting Wednesday, December 3, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) 5:30 p.m. Public Hearing on Surface Mining Zone Change to Rural Residential (Lower Bridge Way) Thursday, December 4, 2008 10:00 a.m. Quarterly Update with District Attorney 11:00 a.m. Quarterly Update with Community Development Department 1:30 p.m. Quarterly Update with Road Department Tuesday, December 9, 2008 5:00 p.m. Regular Meeting with the City of La Pine Council, in La Pine (location to come) Board of Commissioners' Business Meeting Agenda Monday, November 10, 2008 Page 3 of 6 Pages Wednesday, December 10, 2008 8:00 a.m. Public Affairs Counsel (State Lobbyist) Conference Call 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, December 11, 2008 10:00 a.m. Quarterly Update with Mental Health Department 11:00 a.m. Quarterly Update with Health Department Monday, December 15, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, December 17, 2008 10:00 a.m. Youth Challenge Graduation Ceremony 1:30 p.m. Administrative Work Session - could include executive session(s) 5:30 p.m. (Tentative) Continued Hearing on Surface Mining Zone Change to Rural Residential (Lower Bridge Way) Thursday, December 18, 2008 9:00 a.m. Quarterly Update with Fair & Expo 10:00 a.m. Quarterly Update with Community Justice 11:00 a.m. Quarterly Update with the Commission on Children & Families Monday, December 22, 2008 10:00 a.m. (Tentative) Board of Commissioners' Meeting 1:30 p.m. (Tentative) Administrative Work Session - could include executive session(s) Thursday, December 25, 2008 Most County offices will be closed to observe Christmas. Board of Commissioners' Business Meeting Agenda Monday, November 10, 2008 Page 4 of 6 Pages Monday, December 29, 2008 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday. December 31, 2008 10:00 a.m. (Tentative) Board of Commissioners' Meeting 1:30 p.m. (Tentative) Administrative Work Session - could include executive session(s) Thursday, January 1, 2009 Most County offices will be closed to observe New Years Day. Monday, January 5, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) 3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council) Tuesday, January 6, 2009 1:30 p.m. Budget Committee Overview and Update Wednesday, January 7, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Thursday, January 8, 2009 7:00 a.m. Regular Meeting with the City of Redmond Council, in Redmond Monday, January 12, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, January 14, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Board of Commissioners' Business Meeting Agenda Monday, November 10, 2008 Page 5 of 6 Pages Monday, January 19, 2009 Most County offices will be closed to observe Martin Luther King, Jr. Day Wednesday, January 21, 2009 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, January 26, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Wednesday, January 28, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) Monday, February 2, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) 3:30 p.m. Regular Meeting of LPSCC (Local Public Safety Coordinating Council) Wednesday, February 4, 2009 10:00 a.m. Board of Commissioners' Meeting 1:30 p.m. Administrative Work Session - could include executive session(s) 5:00 p.m. Regular Meeting with City of La Pine Council, in La Pine (location to be determined) Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the state transfer relay service for TTY. Please call (541) 388-6571 regarding alternative formats or for further information. Board of Commissioners' Business Meeting Agenda Monday, November 10, 2008 Page 6 of 6 Pages Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org TO BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., MONDAY, NOVEMBER 10, 2008 Commissioners' Hearing Room - Administration Building - 1300 NW Wall St., Bend A PRESENTATION regarding the Cascadia Subduction Zone - James Roddey, Department of Geology and Mineral Industries IF YOU WISH TO TESTIFY Please complete this card & turn it in to a County staff per on. Name: ro",Ie Mailing Address: q,7 4. We Vea _ IF YOU WISH TO TESTIFY Please complete this card & turn it in to a County staff person. Name: n C A r , I In nA 7/In,l,. Mailing Address: f~pQeV E/ L~~arr•~~c-- Phone E-mail Address: IF YOU WISH TO TESTIFY Please complete this card & turn it in to a County staff person. dame: L' 5,p., k l.Q tv\p /tailing Address: r- )hone -mail Address: )ate: it (cam 10-6 ►ubject: p.~ Cv~ - c~8 -I Date: 1(4 1 0 Ig~n Subject: %p2.4 C Lx -o F,-11 01 IF YOU WISH TO TESTIFY Please complete this card & turn it in to a County staff person. Name: Doiq 5cA\ 0-2- Mailing Address: 1 5 R vv I . Phone #:'-M 0 4161 E-mail Address:?,,. rh Date: i 4 $ 1F mow, ~j 1 4 Subject: C \k-od-ok IF YOU WISH TO TESTIFY Please complete this card & turn it in to a County staff person. Name: ),4cuq Y,, ~ Mailing Address: (og `c c,) 6-7 Phone E-mail Address: Date:,, Subject: f,,,6,, ` „L'_tAL .r- CU-g-11 Cascadia Region Earthquake Workgrou vSharin9 Information to Promote Mitigation AHEAD OF THE WAVE Also published as 0-05-05 by the Oregon Department of Geology and Mineral Industries CREW (Cascadia Region Earthquake Workgroup) This Scenario was prepared by the Cascadia Region Earthquake Workgroup (CREW). We are a partnership of the private and public sectors, created to help our area prepare for earthquakes. We know that magnitude (M) 8 to 9 earthquakes have occured in our region and will occur again, on average, every 500 years. This report is the result of many years of research, discussion, and debate. It is based on computer modeling funded by CREW and on other research about earthquakes in the region. We are providing the information in this report to help government agencies, businesses, and families understand the potential effects of a subduction earthquake. It is only a general assessment of how we might fare in a M9.0 earthquake. Because there are so many variables in earthquakes, the actual event will undoubtedly be different than the damage illustrated in these pages. Statements made in the text are for general planning purposes only. But the information here can be used to help our region set priorities among the many steps we can take to make us safer. Special thanks to the many people who worked on this document and those who offered invaluable insights and comments, especially Bob Freitag and the Board of Directors of CREW.Thanks to Linda Noson (Noson and Associates) and Ron Langhelm (FEMA Region X) for adapting HAZUS software to better represent a Cascadia subduction zone event, and to Art Frankel and Mark Petersen (both with the US Geologic Survey in Golden, Colorado) who did the ground motion calculations. Finally, thanks to James Roddey and Lou Clark (Oregon Department of Geology and Mineral Industries) for the graphic design and writing of the report. The Cascadia Region Earthquake Workgroup Robert Zimmerman Gail Dreckman Timothy Walsh Stacy Bartoletti Bob Freitag Farshad Amiri Ben Barton Steve Charvat George Crawford Tim D'Acci Chris Jonientz-Trisler Andre LeDuc Vaughan Mason Frank Mazurkiewicz Michael Park Ines Pearce Garry Rodgers Woody Savage Fredrick Savaglio Joan Scofield Mark Seemann Dave Spicer William Steele Dave Swanson Craig Weaver William White Jay Wilson The Boeing Company Bonneville Power Administration Washington State Dept. of Natural Resources Degenkolb Engineers Cascadia Region Earthquake Workgroup Small Business Owner Seattle Mariners University of Washington Washington Emergency Management Division Washington State Dept. of Transportation DHS, Region 10 University of Oregon - Hazards Center WorkSafe Technologies U.S. Army Corps of Engineers, Northwestern Division Intel Corporation Seattle Emergency Management Geoscience Center, Canada U.S. Geological Survey Virginia Mason Hospital Washington Office of the Insurance Commissioner Provincial Emergency Program, British Columbia U.S. Army Corps of Engineers, Seattle District U.W. Pacific Northwest Seismograph Network Reid Middleton Structural Engineers U.S.Geological Survey Public Safety and Emergency Preparedness Canada Oregon Emergency Management President Vice President Treasurer Secretary Executive Director Cascadia Region Earthquake Workgroup c/o Bob Freitag, Executive Director 3110 Portage Bay PI E Slip G, Seattle, WA 98102 (206) 328-2533 bfreitag@mindspring.com To find out about earthquake preparation or for additional information on earthquakes, go to http://crew.org Cascad*ia subducti*on zone earthquakes: A magnitude 9.0 earthquake scenario Table of contents Summary: M9.0 Earthquake Scenario pg. 2 Cascadia and Earthquakes pg. 3 Sumatra Earthquake, 2004 pg. 8 Alaska Earthquake and Tsunami, 1964 pg. 10 Scenario M9.0 Earthquake pg. 12 What next? pg. 21 Bibliography, references and suggested websites can be found online at. http://www.CREW.org A 4*all, z- a xm~ ta' K • Kemloopa i r ♦ 01. I ;1 i 1 1 ,4 : 47t F l, P^/ Vert 0"ve, Hwy 99 b ii EVe ID rett 9 wry S Victoria* i ~ ! 1-5 n • Seattle , Xt , w j Y o c_d7xoma A W SHINGTON i r~ o •A=,o~3 , rtlmd 3 f 4 o salern t ~T North American q''~i~+ pk11v Plate iii Eugene •eerw 77, OREGON ter, ~~ii - •KlamaNFe ~ •EUreka is ~ri4w~~ww~r►a.~arew~~l.e ----are-- ca MerMxYra Ilettdot OFracXweZom CALIFORNIA San Andre" Fauft >t Miles 0 50 100 200 Kilometers 0 100 200 300 CREW CASCADIA SUBDUCTION ZONE EARTHQUAKES: A MAGNITUDE 9.0 EARTHQUAKE SCENARIO, 2005 1 Executive Summary • • Earthquake Scenario From the Brooks Peninsula on Vancouver Island to lines are also at risk, which could create serious long- Cape Mendocino in northern California, the term economic losses. Landslides could block east- Cascadia subduction zone is where the Juan de west travel through the Cascades. As the the center of Fuca plate meets the North American plate. This our regional transportation network, closures at any meeting has created an 800 mile (1,300 kilometers) long point here could have far-reaching consequences. earthquake fault called the Cascadia subduction zone. Earthquakes generated here have far more widespread effects than other types of quakes in the region. When a magnitude (M) 8 to 9 subduction earthquake occurs, it will cause many fatalities and much damage unless we prepare for it. These quakes have occurred any- where from 200 to 1,000 years apart, with an average of 500 years between them. Our last one was on January 26, 1700. We can look to the 2004 Sumatra and 1964 Alaska earthquakes and tsunamis for some guidance as to what to expect. Groundshaking, landslides, liquefaction, tsunamis, fires, hazardous material spills, and building damage are some of the hazards we face from a Cascadia subduction zone earthquake. The ground could shake for four minutes, even more in some places. This will create unprecedented damage and potentially thousands of casualties. Different parts of Cascadia will have different experiences. • Coastal communities will be subjected to strong shaking, landslides, and tsunamis. Buildings, roads, bridges and utility lines will suffer varying amounts of damage. Some will be destroyed. Extensive injuries and fatalities are likely. Within minutes, a tsunami will arrive, making it essential that residents and visitors understand the need to head for higher ground or inland as soon as the shaking stops. Coastal Highway 101 will be impassable over large stretches, and landslides through the Coast Range will sever highway travel between the coast and inland areas. Destruction of roads, runways, ports, and rail lines will leave individual cities isolated. Residents and visitors will have to do much of the work of rescuing those trapped in the rubble and will be responsible for the immediate clean-up and organization to distribute relief supplies. • Along the I-5/Hwy 99 corridor, utilities and transportation lines in some areas could be disrupted, perhaps for months. This particular type of earthquake is especially hazardous to tall buildings, which could lead to significant fatalities in downtown areas. Buildings that would be unscathed in a more typical 30-second quake might be severely damaged after several minutes of shaking. Long bridges and utility • East of the Cascades, communities can expect a lower level of shaking. Even so, they will feel economic effects from the regional damage and will be important staging points for recovery efforts in Cascadia. The more we plan now, the easier it will be to use this event as a way to transform our region and our economy, rather than simply become victims of a natural disaster. Important steps include: • Educating residents and visitors about the dangers and encouraging individual preparedness; • Reducing the risk for essential public facilities, such as hospitals, schools, and police, and fire stations; • Retrofitting high risk buildings such as unreinforced masonry, tilt-up structures, and some tall buildings; • Upgrading transportation infrastructure A Cascadia earthquake will seriously affect our region, but it won't destroy us. We will rebuild our cities, our neighborhoods, and our businesses. The time it takes us to recover will depend depend largely on what preparations we make before the earthquake. The most serious effect for the region could be the disruption of utilities and transportation systems. In 1964, the control tower at Anchorage, Alaska International Airport fell during the M9.2 earthquake. It was a split-level structure that was seven stories high on one side and built of reinforced concrete. Photo: USGS 2 CREW CASCADIA SUBDUCTION ZONE EARTHQUAKES: A MAGNITUDE 9.0 EARTHQUAKE SCENARIO, 2005 Cascad*ia and Earthquakes tretching from Brooks Peninsula on Vancouver ~ee»~ Island to Cape Medocino, F°°'~"•rt~ the Cascadia subduction Cap zone is where the Juan de Fuca ` Plate meets the North American Plate along an 800 mile (1,300 Pacific kilometers) long line off the late Pacific coast. The Juan de Fuca Plate is the seafloor and is made up of heav- ier rocks than the continental mass of the North American Plate. These two pieces of the Earth's crust constantly push against each other, and the seafloor subducts, or sinks, below North America. This process is responsible for much of the scenery of Cascadia, including the development of the Cascade Range. v~ Juan de Fuca As we've seen in south Asia, a subduction zone earthquake will affect an entire region. Because of the widespread area that will feel the shaking, even areas without great building damage will be affected by outages in utilities, transportation, and other systems. Earthquakes in Cascadia Southwestern British Columbia, western Washington and Oregon, and northwestern California make up Cascadia - an area that is periodically shaken by three different types of earthquakes. All types of earthquakes can trigger landslides and liquefaction (when soil liquifies during shaking). Each type, however, starts at a different depth underground and has different characteristics. Shallow/Crustal - Most earthquakes are a result of fault movement in the crust, a relatively thin layer on the Earth's surface. • Shallow quakes are usually less than magnitude (M) 7.5. • The strongest shaking in crustal earthquakes typically occurs near the rupture plane of the fault on which the earthquake occurs. • Most Cascadia quakes are shallow, such as the quakes centered at Vancouver Island, British Columbia in 1946 (M7.3) and Scotts Mills, Oregon in 1993 (M5.6). • Small, shallow earthquakes are recorded every day in Cascadia; damaging quakes occur every few decades. • Strong shaking generally lasts 20-60 seconds, although it could be longer in localized areas. North American Plate -""Washington . America Plate 8rltt'e ~Deep fntraplate,Zone Juan de Fuca P\ ~o r Oregon Pacific Plate _ _ _ North American f- ,%\Plate s~Q_ California Shallow (or crustal), deep (or intraplate), and subduction zone earthquakes are each initiated in a different section of the Earth's interior. The general locations of the subduction and deep intraplate zones are noted in the above graphic. Shallow crustal earthquakes can occur widely in the North American and Juan de Fuca Plates. CREW CASCADIA SUBDUCTION ZONE EARTHQUAKES: A MAGNITUDE 9.0 EARTHQUAKE SCENARIO, 2005 3 In the 1983 Coalinga, California earthquake, this fire station was badly damaged (note the skewed door). If rescue equipment can't get out of the station, it can't be used when needed after an earthquake. Photo: M.G. Hopper, USGS • Damage is most likely to occur in vulnerable structures located relatively close to the fault on which the earthquake occurs, where the shaking is strongest. • Aftershocks are common and may cause further disruption. • There could be a local tsunamis from landslides, or from shallow earthquakes occurring under Puget Sound, the Strait of Georgia, or other bodies of water including lakes and rivers. ~ r - Liquefaction can destroy roads, as the 2001 Nisqually, Washington earthquake did to this street outside Olympia. Many stretches of Highway 101 and other coastal roads in Cascadia are vulnerable to this type of destruction. Photo: T. Walsh, Washington Division of Geology and Earth Resources Deep/Intraplate - There is a zone of earthquakes occurring below 18 miles (30 kilometers) in depth on fractures in the subducting Juan de Fuca plate. • Deep quakes are usually less than M7.5. • The 2001 Nisqually, Washington quake (M6.8) and 1949 Olympia quake (originally measured M7.1, now revised to M6.8) were deep earthquakes. • Damaging deep earthquakes occur every 10-30 years. • Because the original earth movement is so deep, the seismic energy disperses over a much larger area than in a shallow quake. The shaking is felt over a large area and is less intense near the epicenter. Damage is less than in a similar-sized shallow quake. • Few, if any, aftershocks occur. • No tsunami is expected, although landslides could trigger local tsunamis. Subduction zone - The subducting seafloor of the Juan de Fuca plate is being pushed beneath the continental North American plate. The contact between these two plates periodically ruptures in large, subduction zone earthquakes. 1 • Earthquakes centered along the Cascadia subduction zone can be M9. This area on the Kenai Peninsula permanently dropped, or subsided, 3 feet during the 1964 Alaska earthquake. The shallow roots of these spruce trees were then below high tide and they were killed by repeated inundation in salt water. Photo: USGS • The last Cascadia earthquake was January 26, 1700. Previous quakes were in the years (approximately) 900, 750, and 400 AD. • Geological evidence suggests an average of 500 years between events. • Depending on location, strong shaking might be felt for several minutes. • Injuries and fatalities could number in the thousands, and hundreds of buildings could be destroyed. • A destructive tsunami will quickly hit the Cascadia coast and travel across the Pacific Ocean. • Aftershocks up to M7 are common, creating the potential for additional damage. 4 CREW CASCADIA SUBDUCTION ZONE EARTHQUAKES: A MAGNITUDE 9.0 EARTHQUAKE SCENARIO, 20055 Hazards in a subduction zone earthquake Ground response - Earthquakes release energy that travels through the earth in waves. Subduction quakes are richer in long-period waves, which are most dangerous for tall build- ings, long bridges or long, above-ground pipelines. This is a different pattern than in a typical shallow quake, where the greatest effect is on short buildings. Some soil types cause earthquake waves to amplify, causing increased shaking and damage. The risk of amplification increases when you are on deep, soft soils, especially on valley bottoms and areas of artificial fill. These soils can be identified before an earthquake, as one measure of the risk a community might face. Most areas at risk are already identified with soil studies in land use planning and development. Following a large subduction quake, there will be months of aftershocks, some perhaps as large as M7. Some of these aftershocks could cause significant new damage. Ground failure - Sandy soils saturated with water can liquefy, or behave like a liquid, during an earthquake. Major earthquake destruction is often found on these soils that are prevalent along rivers, streams, and lakes. Liquefaction can seriously damage buildings, bridges, pipelines, and roads by undermining their foundations and supports. Earthquakes can also trigger landslides. The last earthquake- related death in Oregon was in 1993, when falling rock smashed a truck in Klamath Falls. A subduction zone earthquake will probably trigger landslides and rockfalls on the steep slopes of the Coast and Cascade Ranges. Other areas might also be at risk. Tsunami - A subduction zone earthquake would generate a tsunami, which is actually a series of waves. The number of large waves and their height will depend on local conditions. In some cases, waves may be up to 30 feet (10 meters) high, flooding everything in their path. The sequence of the waves sweeping inland, then out again, could last 10 to 12 hours. The first wave could arrive a few minutes after the earthquake, again depending on local conditions. Casualties and damage from tsunamis may be high. Deaths can be minimized if people evacuate to higher ground or sufficiently far inland immediately after the ground stops shaking. Ground response at different locations means there can be dramatically different levels of damage in the same quake. This car, crushed in the 1989 Loma Prieta, California earthquake, was in an area where there was a great deal of building failure. Falling bricks or parapets can cause injuries and damage on the streets and sidewalks below. Photo: C. E. Meyer, USGS CHEW CASCADIA SUBDUCTION ZONE EARTHQUAKES: A MAGNITUDE 9.0 EARTHQUAKE SCENARIO, 2005 5 The 1964 Alaskan subduction zone earthquake weakened many buildings in Seward, then a tsunami swept much of the debris away.Thirteen people died here. Photo: USGS Secondary hazards The ground response to earthquake waves can result in ruptured gas mains, which can start fires, and broken water mains, which makes it hard to fight fires. These smoldering remains are from the 1989 Loma Prieta, California earthquake. Photo: J. K. Nakata, USGS fillla _ , y 'row 03 The interaction of building type and ground response can be seen in how these two buildings were affected by the 1964 Alaska quake.The Hillside Apartment Building had extensive damage, while the adjacent three-story wood-frame dwelling with the tall chimney had almost none. In general, when wood frame buildings in Anchorage were damaged, it was from some type of ground failure. Photo: USGS Fire - Fire often destroys property after an earthquake. Ruptured gas lines may provide fuel, and broken water lines hinder firefighters' efforts. Gas lines turned off to prevent fire may not be restored for days, causing other hardships. Hazardous materials - Hazardous materials may be spilled from commercial or industrial sources, but they can also be released in households. Serious problems can happen if the contents of several containers mix-such as ammonia and chlorine bleach. Building vulnerabilities - Building vulnerability is one factor we can control. As we've learned more about the earthquake danger in Cascadia, building codes have been upgraded. We also can now analyze which buildings will be most vulnerable in an earthquake. The American Society of Civil Engineers has published ASCE 31-02, Seismic Evaluation of Existing Buildings, to help assess building risk. The National Research Council of Canada has published NRCC- 36941, Guidelines for the Seismic Evaluation of Existing Buildings. In a subduction zone quake, many buildings are at some risk. In particular, unreinforced masonry buildings (URMs), generally with brick walls and wood or concrete floors, may be dangerous. There are thousands of these buildings throughout Cascadia. Even though most URMs are one to five stories, they may not be able to withstand the duration of shaking. However, even these buildings can be retrofitted to better withstand strong ground shaking. The amount of damage to a building in any type of earthquake will depend on: ❑ Intensity and duration of shaking ❑ Distance from the fault ❑ Local soil conditions ❑ Amount of water in the soil ❑ Slope of hillsides ❑ Building construction In general, the soil types most affected in an earthquake are: ❑ Loose, sandy, saturated soils that may liquefy ❑ Artificial fill (not engineered to withstand shaking) ❑ Soft soils that can amplify earthquake shaking 6 CREW CASCADIA SUBDUCTION ZONE EARTHQUAKES: A MAGNITUDE 9.0 EARTHQUAKE SCENARIO, 2005 Building damage is not always readily apparent. These residents camped in their own front yard for temporary housing. The house was in the restricted area of heavily damaged downtown Coalinga in 1983. Photo: H. G. Wilshire, USGS There is no structural damage in this bedroom after being shaken by the 1989 Loma Prieta, California earthquake, but several of the items that fell could have caused injuries. Photo: C. E. Meyer, USGS Single-family wood-frame homes rarely collapse and generally fare well in earthquakes, although prolonged shaking may increase their level of damage. Chimneys and brick facings can collapse and windows can break. If not securely fastened together, a house may separate from its foundation, disconnecting utility lines and making the house unlivable. The design of buildings, as well as construction material, is important. The more square or rectangular a building shape, the more likely it can withstand shaking. Structures that have had several additions often have irregular shapes, and the various parts of the building may pound against each other. Pounding can also occur when buildings that are built close together knock against each other. Another common cause of damage is a soft story - a floor with insufficient strength relative to the floors above. Often the problem is a garage or open retail space located at ground (or street) level that makes up the bottom story of a building. All buildings can suffer nonstructural damage, resulting in injuries and economic losses. Falling debris like bookshelves, light fixtures, and computers can be dangerous, even at home. Furniture moving across a floor, pipes breaking and spilling contents, and parapets falling from buildings are just a few things that have caused injuries in previous earthquakes. IBM Iwo 910 i i1 Vol _ YO In the 1964 Alaska earthquake, this fourteen-story reinforced concrete apartment building in Anchorage was severely damaged by the ground shaking it endured. Photo: USGS CREW CASCADIA SUBDUCTION ZONE EARTHQUAKES: A MAGNITUDE 9.0 EARTHQUAKE SCENARIO, 2005 7 Sumatra E2004 aANGLA oESry; CHINA Kolkata . Dhaka - MYANMAR INDIA LAOS Hanoi Hui 0 H. ~i ~:iangehan ~(Vlanliene) Vangon ° (RauBoon) VIE T TIi AILANO - NAM WKrungrTh`ey ' ~ (Bangkok) , • Cbennai "z l 4 A y o 0 An ma A (Madre.) " l YPhnom, Penh .47rok1~/J 11 , SOl TH Colombo SRI st / LANKA R, MALAYSIA Kuala Lumpur SINGAPORE ` 3 A\ o ore VSi p ng DETAILED NEAP m, NG U 2 -,-IN DON ESIA ~F S z ard is expresdas A Seismic ha pe 2~ \t k, x roc Lion (PGA) an to cr /sc& d to be e exce to meters/set, , expected to eded Jakarta 1'n a 50-yr period with a probability of 1 l 10 percent SCALE 1:20,000,000 at the Equator EXPLANATION Main Shock * 28-caft-2004 Most of the aftershocks from the Aftershocks Sumatra earthquake have been locat- n 40-4.9 O 5.0-5.9 ed west and north of the island. After a 0 6.0 - 6.9 07.0-7.9 Cascadia subduction zone earth- Seismic Hazard M0-0.2 Ma quake, aftershocks will be generated :10.2-04 00.4-0.e for months directly along our coast- :;o.6-to r 1.5-32 Iine.These will create the potential for 7]3.2-e.4 ::5.4-9.] additional significant damage. Map: Vol-cea I USGS Cascadia is served by the West Coast/Alaska Tsunami Warning Center. It monitors potential tsunami activity in the Pacific Ocean so we will not be surprised by damaging tsunamis from distant earthquakes. T he tsunami that devastated the Indian Ocean basin in December 2004 was triggered by a magnitude 9.0 earthquake about 60 miles (100 kilometers) off the coast - a quake similar in some respects to what we expect along the Cascadia subduction zone. More than a million people lost their homes, and more than 300,000 died or remain missing. Although there are major differences between the geology, buildings, and city sizes of Sumatra and Cascadia, there are some important lessons we can take from this tragedy. Victims of a distant tsunami India, Sri Lanka, Thailand, and other countries suffered what scientists call a distant tsunami. People in these countries didn't feel the earthquake: the shaking was either minimal or nonexistent. The effects of the tsunami waves were still devastating. In Sri Lanka, it is estimated that 66% of the fishing fleet was destroyed. Cascadia coasts can also experience distant tsunamis. The 1964 Alaska earthquake produced the most recent distant tsunami that damaged ports and towns along our coastline. Even without a warning system, it caused fewer than 20 deaths in Cascadia. An important new tool for protection from future distant tsunamis is the West Coast/ Alaska Tsunami Warning Center. Its mission is to rapidly locate and size major earthquakes in the Pacific basin, determine their tsunami potential, predict tsunami arrival times and, when possible, runup on the coast, and provide timely and effective tsunami information and warning bulletins for the Pacific coastal populations of California, Oregon, Washington, British Columbia, and Alaska. Since 1980, the Warning Center has issued 11 tsunami warnings. The time to issue these warning has ranged from 8 to 14 minutes. With a distant tsunami, this gives governments, businesses, and people time to prepare for the expected waves. Earthquake and near-tsunami victims The island of Sumatra, Indonesia bore the brunt of the initial earthquake and local tsunami in December. The actual rupture that caused the initial earthquake lasted 3 to 4 minutes, although the shaking was felt longer in areas with soft soils. But the truly terrifying event was the tsunami that hit Indonesia minutes after the earthquake. Along the coastline closest to the epicenter of the quake, the tsunami waves were devastating. Both structures and vegetation were swept away. 8 CREW CASCADIA SUBDUCTION ZONE EARTHQUAKES: A MAGNITUDE 9.0 EARTHQUAKE SCENARIO, 2005 As expected in an event of this size, there was a great deal of damage to infrastructure and many buildings were destroyed, leading to a large number of casualties and long delays in getting emergency supplies to the hardest-hit areas. Runways at airports were damaged and roads were disrupted, which continues to make the relief effort difficult and frustrating. Hundreds of thousands of people will need food, water, and shelter to be supplied for the foreseeable future. Three hours after the quake, there was an aftershock measuring M7.1. There have been at least 13 aftershocks of M6.0 or larger. Each aftershock carries some risk of causing more damage, and each one further disturbs whatever peace of mind Sumatrans have been able to regain. On a positive note, children were able to go back to school in Banda Aceh a month after the earthquake, even as water and food were still being flown in. Even though school buildings and supplies had been destroyed, the symbolism of the act was crucial; the community proved that it will have a future. We are better prepared Our building codes require buildings to be much more resilient to earthquakes than those in Indonesia. Our schoolchildren are taught how to • ss tzmE ~ protect themselves in earth- quakes. Many communities have earthquake maps that delineate potential hazard areas. With this information, communities, individuals, and businesses can take steps to prepare for major quakes. We are also much more able to deal with what scientists call a - local tsunami - one that reaches ' the coastline within minutes of a bd tI su uction earthquake. Federal, state, provincial, and N local governments work together to map tsunami evacuation t- routes, prepare educational - materials for schools, and coordinate information that goes to the public. We can minimize loss of life by being aware of the 95.1 danger and knowing what to do. TaE Our challenge now is to build on the groundwork we've already laid, to continue to reduce the danger from earthquakes and tsunamis along Cascadia. In Cascadia, we have spent more than a decade preparing for a subduction earthquake and tsunami. We are more prepared inland, but the most exposed and vulnerable areas of our coast will still be devastated. Indonesla - Sumatra Banda Aceh area f { Damage map W 30 December 2004 e o' Damage wtthln omen area NO ~ -l 4 • \ t ~1 C1125 This map of damage in Banda Aceh, the city most affected by the earthquake and tsunami, shows that even in areas of major destruction, tsunamis can be avoided by going uphill or sufficiently far inland. Educating people to start moving as soon as the shaking stops can save lives. In Cascadia, many communities have evacuation routes, complete with published maps and road signs to guide residents and visitors to safety. :°.°7 Devastated urban area C) Highly eReaed uroan area O ntteaea urban area VSIighUy aRected Damage wNhln ruragnalurel area Complete ; - ry deao-oyed shoreline Devastated rural area Dewatatoa lagoon DIwIv, tyaa: T--1 Oloosbr d_: a5 Dam- ZM Data.o -SPOT5oobur,Z5m, 4cquWW. Cato: 30 Decanaa moa OCNESN :dlaelbuUn SPOTuu*p PrOjectlonoNtlA b -I.: tn55 No tar at pn- Mop aroame M January =5 by SERTIT. O SERTIT ZIOS to :b. :.cTlr n l calrl CREW CASCADIA SUBDUCTION ZONE EARTHQUAKES: A MAGNITUDE 9.0 EARTHQUAKE SCENARIO, 2005 9 Alaska Earthquake, 1964 To estimate what damage a Cascadia subduction quake might wreak, we can review the 1964 Good Friday earthquake in Alaska. This quake measured M9.2 and the strong shaking lasted 4 to 6 minutes, depending on local conditions. Most damage on land came from ground failure. A devastating tsunami followed the earthquake, causing far more loss of life than the earthquake itself. Twelve people died from the quake; 119 people died from the tsunami. Wood-frame houses and other short buildings - Most homes were not damaged and in many areas, books didn't even fall off shelves. However, the Turnagain neighborhood in Anchorage lost many homes because of a landslide that stretched along the coast for more than a mile (almost two kilometers). Most short buildings had little damage, unless they were in an area of landslides, liquefaction, or other ground failure. Fourth Street in downtown Anchorage dropped 20 feet (6 meters), destroying a number of buildings. Tall structures - Most multi-story buildings suffered some structural damage. The control tower at Anchorage airport collapsed, but the one-story terminal building was undamaged. Transportation - Most highways, rail lines, and airport runways could be used after the quake, except in areas where soils liquefied. In some of these cases, damage was extreme. Bridges - More than 250 bridges in Alaska were damaged; 50 partly or completed collapsed. In areas where the bridge footings were in gravels rather than sand or silt, there was little damage. Nor-thmed Ports - Anchorage, Kodiak, Valdez, and Seward '1 a i.{uries suffered major deformation of docks and pipe € AN ~1.DA supports, largely from landslides or land hJome Alaska subsidence. Utilities - Electric transmission lines and Yuk on pipelines in areas with liquefaction or ground failure were seriously damaged. 'alder Tsunami - Alberni and Port Alberni on S kagwoy Seward Vancouver Island suffered over $10 million US in Hamer Brilhib dama g e. Columbia F na The 30 foot (10 meter) high tsunami dealt the death Kodiak blow to the city and harbor of Valdez. The Island Kelcllika3f destruction caused by liquefaction and the tsunami ctio led residents to rebuild their community four miles (six kilometers) away. 10 CREW CASCADIA SUBDUCTION ZONE EARTHQUAKES: A MAGNITUDE 9.0 EARTHQUAKE SCENARIO, 2005 Before the earthquake, the sidewalk in front of these Anchorage stores on the right was at the level of the street on the left. Note that buildings and pavement not involved in the 11 foot (3 meter) landslide show little damage. Photo: USGS The first wave in a tsunami is not always the most destructive. In Crescent City, California, it was the fourth wave that resulted in 10 deaths. Another four people died on an Oregon beach. The coasts of British Columbia, Washington, and Hawaii suffered damage, but had no fatalities. Millions of dollars of property damage were caused by the waves. Port facilities were particularly hard hit. Docks that were detached and twisted by the earthquake were then battered by the debris that was flung on land by the waves. Seward, Kodiak, and Whittier lost structures that withstood the earthquake, but could not stand up to the force of the tsunami waves. Ground deformation - In many places, the shoreline was permanently changed. Kodiak Naval Station sank almost 6 feet (2 meters), while much of the Prince William Sound uplifted an average of 6 feet (2 meters). 1964 Alas kaGood Friday quake damage and possible Cascadia parallels Valdez Similar effects expected along Cascadia coast/Hwy 101 corridor Damage primarily from tsunami 80% of the homes destroyed Hospital and school leveled Water and sewer lines damaged Tsunami waves brought debris into the city Harbor destroyed City evacuated Anchorage Similar effects expected along 1-51Hwy 99 corridor Damage from ground shaking and ground failure 30 block area in downtown destroyed by landsliding 2 schools destroyed Airport control tower collapsed City sewer system destroyed 2,000 people left homeless (from a population of 55,000) 9 people killed Most wood frame homes undamaged Fairbanks Similar effects expected east of the Cascades Damage from ground shaking Windows broken and chimneys fell Crescent City, California Similar effects possible in US and Canada outside of Cascadia Damage from tsunami 300 buildings destroyed and 10 people died Japan Similar effects across the Pacific expected after a Cascadia quake Damage from tsunami Oyster and pearl harvest disrupted CREW CASCADIA SUBDUCTION ZONE EARTHQUAKES: A MAGNITUDE 9.0 EARTHQUAKE SCENARIO, 2005 1 1 Shaking, tsunami, fire, and a submarine landslide all contributed to the damage of railroad and port facilities at Whittier, Alaska. Photo: US Army. The Alberni Valley on Vancouver Island in British Columbia had 350 homes and buildings damaged from the tsunami generated by the Alaska earthquake 1,100 miles (1,800 kilometers) away. Photo: Port Alberni Online. • Scenario M9.0 Earthquake A regional disaster What follows is a scenario of how a great i v subduction zone earthquake could affect Cascadia. It is important to pick a specific date, because the effects of an earthquake in cold, rainy December will be different than in dry, summer months. The time is important because the highest number of casualties would probably happen in the afternoon when people are at work,and when there are more people on the beach. For this scenario, assume there has been: • A M9.0 earthquake • On the second Tuesday in July • At 4 PM. This earthquake could be catastrophic. It will certainly be larger than local or regional resources can respond to. Help from the national level, in both the US and Canada, will be needed. Other Pacific Rim countries may be affected by tsunami damage or trade disruptions. It will be a long-term event, affecting the economies of the US, Canada, other Pacific countries, and their trading partners for years to come. Different locations, different experiences In the following pages are descriptions of one possible aftermath of a subduction earthquake. The damage will be dramatically different going from west to east. There are so many variables that firm predictions cannot be made, but we can estimate likely effects. Nothing in this section should be taken as a specific forecast for any particular area. This earthquake will affect every business, government agency, nonprofit organization, and individual in the region. Cascadia includes the land from the ocean shore to the eastern foothills of the Cascades, from Brooks Peninsula in the north to Cape Mendocino in the south. This earthquake will affect far more area than that. In this report we are including only Cascadia and the land directly east of us, but there will be widespread effects across the US and around the Pacific Rim. The widespread physical damage from a great subduction earthquake will result in unprecedented economic losses. It will be critical to get businesses running as soon as possible to provide materials needed for recovery, and to provide the jobs necessary for the long-term economic health of Cascadia. Day 3 Functionality s Functional 50 o Non Functional 50) v N 70 0 70 140 210 280 350 420 490 560 Kilometers Cascadia Scenario Bridge Functionality Each blue dot represents a bridge that is out of service three days after the earthquake. This is only one possible outcome, not a listing of all bridges that will be damaged.The effects of liquefaction or tsunamis, either of which could create more damage at a specific site, were not included. Segments shown in green would likely be functional. The importance of the map is in recognizing the pattern of widespread damage along the major transportation corridors of Hwy 101, I-5/Hwy 99, and across the Coast Range. This pattern can be applied to other types of structures in those areas, including tall buildings and long power lines and pipelines. Information from the shaking map on page 13 has been incorporated into this map. The HAZUS model used to produce this information was developed by the Department of Homeland Security Federal Emergency Management Agency (FEMA) to forecast earthquake damage. Bridge information was not available for Canada. 12 CREW CASCADIA SUBDUCTION ZONE EARTHQUAKES: A MAGNITUDE 9.0 EARTHQUAKE SCENARIO, 2005 CREW CASCADIA SUBDUCTION ZONE EARTHQUAKES: A MAGNITUDE 9.0 EARTHQUAKE SCENARIO, 2005 13 This map shows Peak Ground Accelerations (PGAs). PGA is one measure of the strength of shaking. Higher PGAs generally result in more damage. Because this map shows average expected PGAs in an area, specific locations may have higher or lower PGAs, and significantly more or less damage. Site conditions such as soil and building type will affect the type and amount of damage at any given place. Hwy 101 corridor/coast To a large extent, each coastal community is isolated for weeks, as landslides disrupt many sections of Highway 101. Tsunami evacuation route signs like this one will be one of the most important tools for saving lives at the coast after a Cascadia earthquake. Photo: DOGAMI Widespread damage and isolation To a large extent, each coastal community is isolated for weeks, as landslides disrupt many sections of coastal Highway 101. Many communities on the coast are devastated by the combination of strong shaking, landslides, tsunami waves, and fire. Buildings, roads, bridges, and utility lines suffer varying amounts of damage. Some are destroyed. Airports, sea ports, roads, and railroads close at least until they can be inspected; any of these facilities on land that liquefied will be closed for some time, making it difficult to bring in emergency supplies. Public health issues become important, because of the number of casualties and the limited medical help available. Here are two examples of what might happen in coastal towns, one with only marginal damage from a tsunami, one being swept through by the waves. City on a bay A young mother at home with two small children is knocked off her feet by the sudden, hard shaking of the ground. The children start crying and she crawls to them, grabs one in each hand and tries to shield them with her body. The activity table only a few feet away would provide protection, but it is too difficult to move against the shaking ground and squirming kids. She won't realize until tomorrow that her back and left arm were heavily bruised. When the shaking stops, she tries to comfort the kids while getting them out of the house. She opens the front door and realizes that the steps are now almost a foot (one-third meter) away. The house, built in the 1920s, has shifted by that much. Even though she didn't see much damage inside the house, all utility lines have now been broken and the house has no water, sewer, gas, or electricity. A building inspector will post the home unsafe, and the family will have to rely on emergency resources for shelter, water and food. The family starts walking to Dad's office to see if he's injured. He's fine. She is also eager for news, not having a battery- powered radio in the house. They find out that Highway 101 will be impassable for days. Several old, brick buildings in Old Town have partially collapsed. A tsunami has washed through the bay, which is now filled with debris. The young woman is afraid the restaurant where she works no longer exists. Actually, it will only be closed for a week and will reopen to serve food to residents and the numerous relief workers who come to help with recovery. Roads and railroads out of the area are not passable, but emergency supplies are being delivered by C-130 aircraft, which can land at the airport. 14 CREW CASCADIA SUBDUCTION ZONE EARTHQUAKES: A MAGNITUDE 9.0 EARTHQUAKE SCENARIO, 2005 In the 1992 Petrolia, California earthquake at the southern tip of the Cascadia subduction zone, landslides were widespread. They blocked or impeded traffic and hampered rescue and relief efforts on the few roads in the area. Photo: NOAA. City on the seashore The owner of a motel realizes at once what the shaking means and remembers to drop, cover, and hold under the front desk. After the shaking stops, staff and guests stream into the office. The NOAA weather radio broadcasts a tsunami warning. The motel staff have walkie-talkies to communicate, and the owner now uses that system to get damage reports from staff. Part of a second story wall collapsed, but everyone is able to get down the stairs and outside. Many people have cuts, bruises, sprains, possibly broken bones, but there is time only for emergency first aid before taking the tsunami evacuation route. The owner knows they are in the inundation zone and it is critical to quickly get uphill to safety. He tells staff and guests to start moving, making sure that everyone hears his warning. There isn't enough time to convince those who argue with him, and with a mixture of determination to save lives, and guilt for the people staying behind, he picks up the registration list before leaving. The crowd stays calm as they walk the evacuation route, a quarter-mile (half kilometer) uphill to the school that has been designated an emergency assembly area. Along the way, the group passes downed power lines, collapsed walls, and streets with deep cracks. Shortly after getting to the school yard, they watch water flood the town, tearing houses off their foundation and easily moving parked cars. After nearly an hour the water recedes, taking with it the wood, plaster, and metal it claimed. The outgoing water brings down a few buildings that withstood the incoming wave. Some people try to leave, thinking the danger is over, but they are convinced to wait until danger from all the tsunami waves has passed. Residents in nearby houses take in elderly guests and families with children, making sure they are kept warm through the night. They also share food and water. Everyone eats and drinks sparingly, concerned about when new supplies will be available, since Hwy 101 is obviously unusable. Aftershocks disturb them through the night. Of the original 100 registered guests, 45 make it to the assembly area. Later, 30 others who were in other places come back to the motel, leaving 25 dead or unaccounted for. Until highways and the local airfield re-open a few weeks later, temporary shelter for residents and tourists and most rescue and recovery work must be provided for by people in the area, supplemented by military helicopter drops and boat landings. As a permanent reminder of the power of the earthquake, the beach has permanently dropped three feet (one meter), leaving part of the original town under water. In the 1971 San Fernando,earthquake,the south stair tower (above) fell, and there was other structural damage at Olive View Hospital. Three people died and the building was evacuated. It is imperative to have hospitals and other essential facilities available during the crisis of a subduction zone earthquake. Photo: R. Kachadoorian, USGS Escaping a tsunami When you're at the coast, take just a moment to locate high ground you could get to after a big earthquake Many cities have evacuation route signs posted and brochures printed. Some have designated assembly areas at the end of evacuation routes. You can be in danger near the mouth of a coastal river, even if you can't see the ocean Try to move to high ground and inland Go on foot, don't drive Stay at high ground until you get an official all-clear. A tsunami, which is actually a series of waves, can last many hours. CREW CASCADIA SUBDUCTION ZONE EARTHQUAKES: A MAGNITUDE 9.0 EARTHQUAKE SCENARIO, 2005 15 1-5/Hwy 99 Corridor Much of the response and rescue after a large earthquake is done by untrained neighbors and volunteers. Utilties,transportation, other systems disrupted Throughout most of the area, electricity and telephone service - both traditional and cellular - are inoperable for at least a day. Some water, sewer, and natural gas services are interrupted because of broken pipelines. Even buildings with no structural damage have to close because they do not have adequate utilities. This results in lost wages and lost profits. The resident of a wood-frame home is amazed that he can find no damage after such a long earthquake. His house was anchored to its foundation, the chimney had been reinforced, and internal shelves were anchored. His children were playing at a neighbor's house and he runs to get them. The family spends an anxious night worried about Mom, who works across the river. She arrives home the next morning. Neighbors meet together and plan to systematically check each house to see if anyone is trapped or injured. They also agree to pool their food and bottled water supplies. Several people volunteer to heat food on their barbecues. Other people with battery-operated radios offer to open their houses at specific times so everyone can hear the latest news. Where they exist, trained neighborhood emergency teams are activated to help their communities and coordinate with fire and police rescue activities. In commercial areas, damage ranges from slight to substantial. In downtown areas of large cities, some old brick buildings and tall buildings suffer extensive damage. Parapets fall from several buildings, causing injury and clogging streets with debris. One tall, older, concrete-frame building collapses, causing many fatalities. Most buildings, however, do not have substantial structural damage. Injuries are also concentrated in this area, but are found throughout the community. Many of them are people who work in buildings that have little structural damage, but who were hit by items falling off shelves in their offices. Even in smaller cities, response to some areas is difficult because fallen bricks and other building debris has blocked roads. Some older fire stations, police stations, and hospitals are inoperable. Several tilt-up warehouses have walls that partially collapse. Firefighters and police officers are overwhelmed and cannot respond, so people spend hours rescuing and giving first aid to their co-workers. 16 CREW CASCADIA SUBDUCTION ZONE EARTHQUAKES: A MAGNITUDE 9.0 EARTHQUAKE SCENARIO, 2005 Transportation systems like railroads are fragile because a break in any spot can affect all traffic on the line. Ground response of loose, water-filled soils buckled this railroad bridge in the 1964 Alaska earthquake. Photo: USGS Debris from fallen buildings will trap people and make streets impassable. After the 1989 Loma Prieta, California earthquake, this group in Santa Cruz worked to rescue people. Photo: C. E. Meyer, USGS Because of the extent of damage across the region, many utility repairs that would normally take only a few hours now take days. The highest priorities for power restoration are utility stations, emergency resources (hospitals, fire stations), and high-density population areas (whether residential, commercial, or industrial). Until electricity is restored to water treatment facilities, there is no water. For a few days, some cities, communities, or neighborhoods are isolated for a variety of reasons. Many cities in this area are accessed by roads that span one or more bridges. In some places, bridge damage closes roads, making it difficult or impossible to drive in or out of the city. In other areas, isolated landslides block roads. On a larger scale, it is difficult to immediately bring in rescue workers and emergency supplies because of problems in the regional transportation corridors. The I-5/Hwy 99 passage is the backbone of the area's transit. Even though there is debris and damage only in localized stretches, those few spots effectively shut down the ability to travel long distances on the north-south route. Bridges must be inspected, debris removed, and damage repaired or detours set up, before the corridor is open again. Most of the ports in this region suffer some damage and are of limited use anyway, because shipping lanes need to be resurveyed before rivers are again navigable. Cracked runways at airports built on areas of artificial fill or on liquefying soils are inoperable until inspection and repair work is completed. This could take hours, days, or weeks, depending on the amount of damage. Small airports may not be high on a priority list for repair. Docks are damaged from liquefaction, and ferry service is disrupted throughout Puget Sound and British Columbia. Many islands are isolated, and communities on each side of the Sound are effectively separated. Individuals, businesses, and governments across the world offer money, supplies, and personnel to help. In some areas, food, water, and temporary shelter are needed at first, but within a few days most people are back in their own homes. In this zone, the economic centers of Portland, Seattle, and Vancouver are the highest priorities for outside rescue and recovery activities. Given the breaks in transportation and utility services, even some high priority areas don't get the resources they need until days after the quake. Communities in lower priority areas will need to be self-sustaining until emergency resources can be delivered, possibly for weeks. Communities that fare the best are those who know what resources are available and have response plans that assume they will be isolated for a while. Communities that fare the best are those who kn ow what resources are available and have response plans that assume they will be isolated for a while. Even without structural damage, offices like this one after the 1989 Loma Prieta, California earthquake may be a mess with overturned bookcases, filing cabinets and desks.The safest way to protect yourself is get under a desk or table. DO NOT stand in a doorway. Photo: J. K. Nakata, USGS CREW CASCADIA SUBDUCTION ZONE EARTHQUAKES: A MAGNITUDE 9.0 EARTHQUAKE SCENARIO, 2005 17 Houses don't need to collapse to be evacuated. This house shifted off its foundation in the 1989 Loma Prieta, California quake and now all the utilities are disconnected. Photo: H. G. Wilshire, USGS In a city like Spokane, 300 miles (500 kilometers) east of the subd u cdon zone, the community is affected even for those who don't feel the ground shake. _ 7: N- Businesses throughout Cascadia will be severely affected if they depend on coastal ports or river ports that are damaged (like those on the lower Columbia River). Photo courtesy CRIS, Inc. To some extent, cities east of the Cascades benefit from becoming a hub for transportation, commercial, and government operations supporting the recovery of Cascadia. East of the Cascades Indirect economic effects Some residents in the area feel the ground shake, but it is only a very weak version of the earthquake felt at the coast. In a city like Spokane, 300 miles (500 kilometers) east of the subduction zone, the community is affected, even for those who don't feel the ground shake. Much of the area has little or no damage. Any serious damage is limited to relatively small pockets, generally those with soft, deep soils. Some tall buildings may have nonstructural damage, which could result in injuries. Utilities and transportation systems are disrupted in some places, where supplies first come through pipelines west of the Cascades. East-west corridors through the mountains experience several rockfalls, which close highways and railroads lines. Connections to cities in the 1-5/Hwy 99 corridor are lost for some period of time, depending on local conditions. Emergency responders are overloaded from a combination of appropriate calls and others who are asking what happened. Cities in this area are needed as coordination centers for the rescue, response, and recovery needed to the west. Especially in the first weeks after the quake, cities like Kamloops, Spokane, Bend, and Sacramento are important staging points. Businesses and government agencies that cannot operate their Cascadia offices set up temporary offices here to take advantage of the transportation corridors through these eastern cities. Economic losses to both profits and wages may occur. Business effects include difficulty shipping grain and other products to markets. Sea ports and some river ports close to the Pacific Ocean are damaged, some severely. Shipping lanes in the lower Columbia and in other affected rivers must be resurveyed before ship traffic can resume. In addition, rail lines, trucking, and air traffic are overburdened by extra demands for products needed to rebuild western British Columbia, Oregon and Washington, and northern California. To balance those challenges, these economies benefit to some extent from becoming hubs for transportation, commercial, and government operations supporting the recovery of Cascadia. However, tourism to the region dramatically declines in the years following the earthquake, as news outlets focus on negative information about Cascadia. 18 CREW CASCADIA SUBDUCTION ZONE EARTHQUAKES: A MAGNITUDE 9.0 EARTHQUAKE SCENARIO, 2005 Long-term recovery Transformation after destruction We cannot ignore or negate the power of a subduction zone earthquake. However, with planning, we can use the event to transform our region. For example, Hwy 101 can be rebuilt to current engineering standards, rather than continuing to be pieced together every winter after damage from rainstorms and landslides. This will give the coast a dependable transportation backbone on which to rebuild the future. For a few months Isolated coastal communities will have to deal with the destruction of much of their building stock, roads and utilities. Thousands of families may need temporary shelter for months, even years. Ports will be destroyed. Tourism, timber, and fishing industries will all be severely reduced after this quake. Along the I-5 / Hwy 99 corridor, many of the old, unsafe brick structures will be shaken down. Although this gives us an opportunity to build safer, energy-efficient, modern buildings, it also creates a problem. Older buildings are often used for low- or moderate-income housing, cheap office rentals, and warehouse space. Those needs will still exist, and it will take coordination to replace structures that serve the needs of working families and small businesses. Stages of response and recovery In July 2002, the US Army Corps of Engineers (USACE) invited nearly 200 people from federal, state, provincial, and local governments to a Cascadia subduction zone earthquake tabletop exercise. Their forecast of long-term needs included: Priorities for the first 72 hours: Save lives, by emergency personnel and neighborhood residents. Establish communications when telephone and electrical systems are seriously damaged. Assess bridges, roads, buildings and assess and repair infrastructure (power, water, sewer, gas, transportation). Remove debris to improve access for responders. Priorities for the first 30 days: Provide temporary shelter, food, water, and medical care. Restore electrical power, particularly to water treatment facilities, hospitals, emergency facilities. Remove debris, find appropriate locations for dumping material. Inspect buildings, including shoring unsafe buildings, and reevaluations after aftershocks. Repair transportation routes. Begin managing inventory control and distribution. Priorities for 30 days to 6 months: Continue damage inspection, aftershock reevaluation, and inspect new construction. Continue rebuilding infrastructure. Continue temporary shelter, food, water, and medical care. Move those in temporary shelters to more permanent housing, streamline resulting permit and land use planning processes. Manage debris, including sorting and recycling, prevent/treat health and environmental problems. CREW CASCADIA SUBDUCTION ZONE EARTHQUAKES: A MAGNITUDE 9.0 EARTHQUAKE SCENARIO, 2005 19 Using helicopters, the US Navy brought relief supplies to areas on Sumatra that could not be reached by road or airplane. Similar efforts will be necessary along the Cascadia coast Photo: J. J. Kirk, US Navy Modern, efficient transportation and utility lines can be built, making the area more attractive for business investment, tourists, and residents. Debris management and removal will be an enormous job. For example, debris from the collapse of the World Trade towers amounted to 1.8 million tons. Photo: US Environmental Protection Agency Businesses and local governments need to have employees make family emergency plans.That way, people can check on their families, then return to work for emergency or recovery activities. East of the Cascades, small cities may become overwhelmed by becoming hubs for increased air, rail, and truck traffic. Shipping down the Columbia will be disrupted until the channel can be resurveyed and port facilities rebuilt. Restoration of infrastructure critical to modern life (communications, potable water, fuel, sewage treatment) will take days, weeks, or months, depending on the amount of damage and access to the damaged area. For example, it might take weeks to reopen a damaged water treatment facility in a coastal town, because electricity and roads need to function before repairs can take place. In the Puget Sound area, a similar problem might be fixed in a few days because roads and utilities suffered less damage and there are more people and resources available for repairs. With many deaths expected from this event, there are political and public health issues that will need to be addressed. And, debris management will be a central activity. Massive amounts of material from damaged buildings will need to be disposed of to allow reconstruction. To adequately address recycling and environmental concerns, sites for debris collection need to be identified before the quake. This event will overwhelm the ability of state, provincial, and local governments to provide traditional services, from fighting fires to issuing building permits. Many city halls, fire or police stations, jails, and schools will need significant repair or rebuilding. Emergency funding, supplies, and personnel will be needed for months or years. Rebuilding for the future With massive amounts of damage to our infrastructure, many businesses will have to close, denying their services to the community and leaving people without incomes. After other natural disasters, most businesses that closed haven't reopened. We will have unexpected economic ripples. It's easy to predict that some businesses will move out of the area. It's more difficult to foresee the new opportunities that will only exist after the earthquake, in our rebuilt communities. But they will exist, and entirely new industries could spring from this massive shift in our landscape. It will take years to recover from a Cascadia subduction zone earthquake. The tsunami that follows may damage not just us, but Alaska, Hawaii, Japan, and other Pacific Rim economic powers. The resources of the US, Canada, Japan, and other nations will be used to rebuild damaged areas, affecting the world economy. After other disasters like hurricanes, communities have used the event to embark on a new plan for the future. We can prepare for this earthquake, recover from it, and build a future Cascadia that is still the place in which we want to live, work, and play. 20 CREW CASCADIA SUBDUCTION ZONE EARTHQUAKES: A MAGNITUDE 9.0 EARTHQUAKE SCENARIO, 2005 What next? The 3 Ds of disaster - deaths, dollars, and downtime - for a subduction zone earthquake could overwhelm Cascadia. Earthquake and tsunami hazard maps, drills for schools and businesses, and a tsunami warning system are just a few of the ways we've begun to prepare. But what should we do next? Important considerations include: Reducing the risk for critical public facilities, such as hospitals, schools, police, and fire - If our essential facilities are not usable after an earthquake, there will be more deaths, less capacity to handle casualties and people made homeless, and an increase in response and recovery times. Funding, and possibly legislation, will be required to upgrade these essential ter-- Warehouses at the toe of the Fourth Avenue landslide in Anchorage in 1964 were destroyed by compressional buckling services. and foreshortening. Much of the supply of food and drink for Retrofitting high risk buildings, such as the c unreinforced masonry (URM), tilt-up structures, and tall buildings not built to modern codes - In most earthquakes, URMs and tilt-up structures are the leading cause of casualties. In Cascadia, they are often built on poor soils, increasing their risk, and a disproportionate number of schools and some other essential facilities are URMs. In a subduction zone earthquake, we must also consider the risk to tall buildings that are not engineered to resist long duration shaking damage. Protecting transportation infrastructure - Roads and bridges badly damaged by an earthquake will delay emergency response in the hours after the event, and restrict the movement of people and goods for months. Unusable airports, water ports, and railroads could slow down response and recovery efforts for months or years. If our ports closed for an extended time, shippers could permanently move to other ports, reducing our economic opportunities. • Continue public education efforts - Most people who live in Cascadia know something about the earthquake risk, but they may not know how to prepare. Or they may not know what to do to protect themselves from a tsunami. Educating both residents and visitors will help prevent loss of life when the quake strikes. A Cascadia earthquake will seriously affect our region, but it won't destroy us. We will rebuild our cities, our neighborhoods, and our businesses. The time it takes us to recover will depend largely on what precautions we take before the earthquake. Bibliography, references and suggested websites can be found online at. httpYlwww.CREW.org ity was stored in these buildings. Photo: USGS California has led the way Critical facilities: The Alquist-Priolo Act was enacted following the 1971 Sylmar earthquake, which resulted in the destruction of two major hospitals and the loss of 65 lives. It established a statewide seismic safety building standards program. Amendments to the Alquist Act made after the 1994 Northridge earthquake require all acute-care hospitals to remain operational after an earthquake. This program resulted in acute-care hospitals in California being operational immediately after recent earthquakes. URM inventory and upgrade: In 1986, California enacted a law requiring local governments in high seismic zones to inventory unreinforced masonry (URM) buildings, establish a loss reduction program, and report progress to the state by 1990. The level of compliance with this law is quite high, with about 98 percent of the 25,500 URM buildings in California now in some sort of loss- reduction program. CREW CASCADIA SUBDUCTION ZONE EARTHQUAKES: A MAGNITUDE 9.0 EARTHQUAKE SCENARIO, 2005 21 Cascadia Region Earthquake Workgroup c/o Bob Freitag, Executive Director 3110 Portage Bay PI E Slip G, Seattle, WA 98102 (206) 328-2533 http://crew.org V P Voldes, Aleeks •urthgvako C ~r~+• Cub This map shows the travel time (in hours) of the tsunami generated by the 1964 Alaska and the 1960 Chile earthquakes. A tsunami generated from a Cascadia subduction earthquake will have similar travel times across the Pacific.Trade across the Pacific basin could be disrupted if ports or manufacturing plants are damaged in Japan, China and other countries. Map: USGS. ISB09 N 0-9776784-0-7 $6.50 s w1 2 try VDZ -ITIPA \ - T/oo = n ` fff h l~ qq ,.h IN, 4 J Testimony at Public Hearing November 10, 2008 Before Deschutes County Board of Commissioners REFERENCE: Conditional Use Appeal #CU-08-11, Bruce and Peggy Vander Zanden Board of Commissioners; My name is Douglas Schulz. I live with my wife Barbara at 6826 SW McVey Ave. Redmond, Oregon. Our property adjoins the Vander Zandens on their east fence. Wikipedia, the internet encyclopedia, says this about zoning: Theoretically, the primary purpose of zoning is to segregate uses that are thought to be incompatible; in; practice, zoning is used as a permitting system to prevent new development from harming existing residents or businesses and to preserve the "character" of a community. Thank you for the opportunity to meet in a setting like this; to examine the character of a new business in our community and whether it is harmful or not, be reminded of things we take for granted, and things that characterize what it is we enjoy about a place we've chosen to live. It's why on our road, and the applicants; McVey Ave. in our Exclusive Farm Use zone, people run and bike on Saturdays. Cars slow down and people often take pictures of the new foal and the new-born calves across the road from us. While the Type.3 code allows up to "twenty (20) business-related trips per day" for a home occupation (that's 40 times past a house) - double the travel on our road - and, there are no shoulders. The increase to eight (8) trips per day in the applicant's appeal does not fit the definition of minimal impact. The Hearings Officer attempted to impose conditions of approval on this application (p24) by "requiring the applicant to reduce anticipated noise levels from the operation, limiting operating hours, operate with no more than two employees (with restricted trips per day - italics added), and install additional screening and buffering of loading and unloading areas used in the home occupation." This in his view, would make a commercial cabinet manufacturing business, which would be more properly fit in a light industrial park, more compatible with the uses of surrounding properties, and address some of neighbor's concerns to the same time. The applicant has chosen to reject compatibility issues and neighbor's concerns by appealing five of the Hearings Officer's conditions. My wife and I would like to respond to the noise issue. The Problem of Noise Criterion 11 in the Supplemental Application for. Type 2 and Type 3 Home Occupation Conditional Use Permitwas purposely changed by the Board of Commissioners Sept 24, 2007 at the time of revision from, "Does not use materials or mechanical equipment which will be detrimental to the residential use of the property or adjoining residences because of vibration, noise, dust, smoke, odor, interference with radio or television reception or other factors" to read as follows, "Does not produce prolonged odor, dust, glare, flashing lights, noise, smoke, or vibrations in excess of that created by normal residential use." [boldface added]. Council for applicant has talked about the noise of jets, prop planes, small aircraft, farm tractors, and " other items expected to be found in this neighborhood." I would point out that the condition in fact, is no prolonged noise "in excess of that created by normal residential use". That's a different, much tougher standard which has a rating of 50dB for the average home, on the Sound Power Level attachment provided by the applicant, and coincidentally made a condition by the Hearings Officer. Applicant has shown data that the thick, concrete walls of the workshop will reduce the sound outside. Applicant's data however, does not address the effect of the composite . openings in the concrete walls. We submit that the applicant has not met the burden of proof. I have provided testimony and documentation showing that materials in the outside passage doors, windows, the wood-framed second story, and opened roll-up doors - all significantly reduce the sound-deadening affect of the concrete walls. Applicant's council admits "It is difficult to determine the actual level of decibel levels generated by the workshop until the business is actually operational" and, "hoping it will be dissipated across the 20 acre parcel," but that's a different direction than the doors. Again, we submit that the applicant has not met the burden of proof for noise. The problem is the scope and size of this commercial manufacturing operation - making the proverbial square peg fit the round hole - trying to fit classification as a home occupation. The applicant is also appealing his own originally expected number of two employees to be now increased to five, or by 150%, making the potential for excess noise much greater. Incredibly, the applicant is appealing the condition that he be made accountable for excessive noise, and that annoyed neighbors should somehow be responsible. When 1 served as executive director of a large conference and event center in Marion County, within city limits, the City passed a noise ordinance. It was my responsibility to manage my sources of noise ranging from children's camps to concerts to Indian Pow Wows, in short, to be a good neighbor. I went to Radio Shack and for less than $'25 bought a decibel meter to be sure there wouldn't be any complaints. A check with a Deschutes County code enforcer reveals that a noise complaint generates a visit by the enforcer making a subjective judgment at 30 feet away, which can result in a court action if the neighbor is sincerely annoyed. We would strongly urge our commissioners to deny the applicant's appeal of this condition, making him solely responsible for his noise generation. This is certainly appropriate for a conditional use permit. If commercial table and panel saws, large air compressors which switch on every few minutes, hardwood shapers, planers, staple guns and miscellaneous power tools are essential to the business, there are industrial parks available where 110 dB noise, according to the applicant's chart for woodworking tools, will not be a problem. The applicant is strongly focused on the outcome that he desires. We urge the Board of Commissioners to carefully consider our documented concerns about noise, and stand behind the definition of excess noise that has been established in Criterion 11 of the Home Occupations Code and in the Hearing Officer's conditioning to satisfy that Code.' Ads by Gooole. Sound Level Meter Sound Decibel Decibel Level Noise Level Noise Analysis If . vta.Erl~7irieerinyT_Llt3tx.ct,rn Web 4, The Engineering ToolBox Resources, Tools and Basic Information for Engineering and Design of Technical Applications! Sound Power The definition of Sound Power Level and the Sound Power from some common sources as fans, jet engines, cars, humans Sponsored Links Sound Level Meter Sound and Vibration VibroAcoustic Consultants Quality Sound Level Meters Here. Portable, monitoring, instrument: Sales, Rental, Support, Calibration, Service, & Noise & vibration test, measurement and design c recording. Con=king services. www.calright.com www.Scanteklnc.com www.va-mnsuttxom U. Sound Power Sound power is the energy rate - the energy of sound per unit of time (J/s, W in SI-units) from a sound source. Sound Power Level Sound power can more practically be expressed as a relation to the threshold of hearing -10-12 W - in a logarithmic scale named Sound Power Level - LW LW = 10 log (N/Nd (1) where LW = Sound Power Level in Decibel (dB) N = sound power (Vtq No = 10"12 - reference sound power (W). Human hearable Sound Power spans from 10-12 W to 10 - 100 W, a range of 10/10-12 = 1013 The table below indicates the Sound Power and the Sound Power Level from some common sources. Sound Power Sound Power Level Source -N- - LW - (dB) (re 10-12 W) Saturn Rocket 100,000,000 200 Turbo Jet Plane Engine 100,000 170 10,000 160 Inside jet engine test cell 1 000 150 Jet Plane Take-off , Large centrifugal fan, 800 000 m3/h . Turbo Propeller Plane at 100 140 take-off Axial fan, 100.000 m3/h Ads by C Heavy Thunder Sonic Boom Small aircraft engine Centrifugal van, 25.000 m3/h Accelerating Motorcycle Heavy Metal, Hard Rock Band Music 0.1 110 Blaring radio Chain Saw Wood Working Shop Large air Compressor Air chisel Subway Steel Wheels Magnetic drill press High pressure gas leak Banging of steel plate Drive gear Car at Highway Speed Normal Fan Vacuum Pump 0.01 100 Banging Steel Plate Wood Planer Air Compressor Propeller Plane Outboard motor Loud street noise Power Lawn Mover Helicopter Cut-off saw Hammer mill Small air compressor Grinder Heavy diesel vehicle Heavy city traffic 0 001 90 Lawn mover . Airplane Cabin at normal flight Kitchen Blender Spinning Machines Pneumatic Jackhammer Alarm clock 0.0001 80 Dishwasher Toilet Flushing Printing Press Inside Railroad Car Noisy Office 0.00001 70 Inside Automobile Clothes Dryer Vacuum Cleaner Large department store Busy restaurant or canteen Office Air Diffuser Quiet Office Average Home Quit Street Voice, low Small Electric Clock Private Office Quiet Home Refrigerator Bird Singing Ambient Wilderness Agricultural Land Room in a quiet dwelling at midnight Quiet Conversation Broadcast Studio Rustling leaves Empty Auditorium Whisper Watch Ticking Rural Ambient Human Breath 0.0000001 50 0.00000001 40 0.000000001 30 0.0000000001 20 0.00000000001 10 0.000000000001 0 Sponsored Links Sound Level Meters VibroAcoustic Consultants Noise Surveys Directory of sound level meter providers. Compare prices & Noise & vlbratbn test, measurement and design consulting DAHA Sound Level Monitoring Personal Doslmetry save. services. www.ell.com Mesoundlevelmeters.net www.va-conwit.cnm V Related Topics e Acoustics Room acoustics, acoustic properties - decibel A, B and C, Noise Rating (NR) curves, sound transmission, sound pressure, sound intensity, attenuation • Noise and Sound in HVAC Systems Calculate noise, sound and silencers in HVAC systems Related Documents • Sound Power, __I_ntensity and Pressure An introduction to decibel, sound power, sound intensity and sound pressure • Fans and_Sound Power Generation The Sound Power Level from fans depends on the motor power and the capacity of the fan - the static pressure and/or the discharged volume. e Outdoor Ambient Sound_ Levels in Decibel Outdoor ambient sound level in different rural and urban business and industrial environments with or without limited traffic. • Calculate Decibel The logarithmic decibel scale is convenient when calculating resulting sound power levels and sound pressure levels for two or more sound or noise sources. • Directivity Coefficient and Sound Attenuation The attenuation in a room depends on the receiver and source location. • Sound Intensity The sound intensity level is the acoustic power of a sound per unit of area in Ad. by C '1/7/2008) Lisa Klemp - RE: A0818 (000811) Vander Zanden. Page 1 I From: "Cynthia Smidt" <Cynthia_Smidt@co.deschutes.or.us> To: "Lisa Klemp" <Lisa@redmond-lawyers.com> Date: 10/17/2008 10:48 AM Subject: RE: A0818 (000811) Vander Zanden. No list that I am aware of. -----Original Message----- From: Lisa Klemp [mailto:Lisa@redmond-lawyers.com] Sent: Friday, October 17, 2008 9:16 AM To: Cynthia Smidt Subject: RE: A0818 (000811) Vander Zanden. I ask because the condition of approval for VanderZanden required that he use a county approved sound tester to evaluate sound if a complaint is made. We want to know if the county has any 'approved' testers, and if so, their locations. Thanks. LK Lisa Klemp Attorney at Law Bryant Emerson Fitch, LLP PO Box 457 Redmond, OR 97756-0103 Ofc: (541) 548-2151 Fax: (541) 548-1895 lisa@redmond-lawyers.com NOTICE: This communication may contain privileged or other confidential information. If you have received it in error, please advise the sender by reply,q-mail and immediately delete the message and any attachments without copying or disclosing the contents. Thank you. "Cynthia Smidt" <Cynthia_Smidt@co.deschutes.or.us> 10/17/2008 8:01 AM Lisa, Notice was sent out yesterday. As for sound testers... have no clue. I am not aware of such a list. I have never heard that question before. Explain. Cynthia -----Original Message----- From: Lisa Klemp [mailto:Lisa@redmond-lawyers.com] Sent: Thursday, October 16, 2008 5:23 PM To: Cynthia Smidt Subject: Re: A0818 (000811) Vander Zanden. Thanks - will a notice be sent to confirm the date / time of the hearing? i 1/7/2008) Lisa Klemp - RE: A0818 (000811) Vander Zanden. Page 2 Also, please send me a list of the county's approved sound testers as soon as possible. Thanks. LK Lisa Klemp Attorney at Law Bryant Emerson Fitch, LLP . PO Box 457 Redmond, OR 97756-0103 Ofc: (541) 548-2151 Fax: (541) 548-1895 lisa@redmond-lawyers.com NOTICE: This communication may contain privileged or other confidential information. If you have received it in error, please advise the sender by reply e-mail and immediately delete the message and any attachments without copying or disclosing the contents. Thank you. "Cynthia Smidt" <Cynthia_Smidt@co.deschutes.or.us> 10/16/2008 10:38 AM Hi Lisa, Just a reminder, per DCC 22.32.024(A), the "...appellants shall provide a complete transcript of any hearing appealed from, from recorded magnetic tapes provided by the Planning Division." I have requested our secretary to have a tape (actually it will be a CD) made for the Vander Zanden case from the June 10 hearing. It will cost $5. 1 will let you know when it is available for pickup. Cynthia Smidt Deschutes County Community Development 117 NW Lafayette Ave. Bend, Oregon 97701 Phone: (541) 317-3150 Fax: (541) 385-1764 Email: cynthias@co.deschutes.or.us Website: http://www.co.deschutes.or.us/cdd/ NOTICE: This communication may contain privileged or other confidential information. If you are not the intended recipient or believe that you may have received this communication in error, please reply to sender indicating that fact and delete the copy you received. In addition, you 1/7/2008) Lisa Klemp - RE: A0818 (CU0811) Vander Zanden. Page 3 i should not print, copy, retransmit, disseminate, or otherwise use the information without first receiving authorization from the sender. Thank you. Decibel Meters, dB Meters, sound level meters, noise level meter, sound pressure, Noise 1• -Santa Ana CA. ( NO Minimum Orders Payment, Shipping & - NO TAX Outside CA Order Options General con't'act CA RESALE-NO TAX Help - FAQ - RETURNS US GOV & MILITARY i Action-Ana Since 1972 Search Details Join Us!! Email Subscribe! NAVIGATE ~-NAVIGATE HERE=- ",Quote Request)' Starch) C'HECk f1T DECIBEL (DB) METERS, SOUND LEVEL METERS, NOISE Related"'""' METERS ateL POLICE USE FOR ENFORCING SOUND LEVEL LAWS, SCHOOLS FOR THE CAFETERIA, SAFETY PERSONNEL FOR OSHA STANDARDS, HOME OWNERS FOR NOISY NEIGHBORS, HOSPITALS, INSTALLERS FOR AUDIO SYSTEMS... EXCHANGE OR STORE CREDIT ONLY ON ANY RETURNS OF DB METERS rr Type 2, certified for OSHA, Law Enforcement, or i_egal... DATA-LOGGING- Levels over a time period u >r f Economy, general purpose, sound rooms, home use.. ~ a + REAL TIME-OCTAVE BAND ANALYZER With DATA-LOGGING Tel 800-563-9405 or (714) 547-5169 - Monthly Is It In Stock? Specials - When Will You SURPLUS - International Get Your Order? Tripod` Noise Calibrators, when Dosimeter periodical re-calibration is required + Sound Laws ♦ Applications 94/114dB Sound Calibrator 40" f 1kHz Professional Calibrator for 0.5" or 1.0" Microphones Calibrates and verifies Sound Level Meter operation LED indicator lights up when power is on Level position to select 94dB or 114dB For use on Sound Level Meters with 0.5" or 1.0" microphones Durable die-cast, aluminum housing 1kHz sine wave at 94dB/114dB is generated to an accuracy of 5% (frequency) and f0.8dB http://www.action-electronics.com/dbmeter.htm • SITE MAP NEW AUDIO CABLE TESTER s • Weller Solder Feed System - New Stations • Paladins NEW Wire Strippers - Great Tools! Page 1 of 12 11/9/2008 Decibel Meters, dB Meters, sound level meters, noise level meter, sound pressure, Noise Full Details # 407766 94 / 114dB Calibrator .1 ORDER $395.00 Page 2 of 12 Our Small Portable Mini Tripod with flexible legs is perfect for setting up the meter on almost any surface Free up your hand to write down measurements or for a stable platform for over-time measurements • Flexible legs offer stability on virtually any surface • Standard Mount • Maximum height of 4" • Also fits cameras and Camcorders • Not recommended for very heavy equipment LVS41 1 ORDER 1$7.95 Built-in LEDs alert user when sound level is too high or too low Bright LEDs (red flashing or green) alert user when sound level is too high or too low - LEDs can be read from 30m (100ft) Continuous Monitoring of Sound Level Wall, desk or tripod mount with optional 15ft (5m) microphone extension cable for remote monitoring User settable high or low limit (30 to 130dB) with output to drive external relay module Meets ANSI Type 2 and EN 60651 accuracy specs - compliant to OSHA PDF Details [PDF Help] # SL130 .1 _ ORDERv $225.00 Regular Price $249,95 QV ct= U '/www.action-eI ectronics.com/dbmeter.htm Sound Level Alert with Alarm Decibel Meters, dB Meters, sound level meters, noise level meter, sound pressure, Noise Page 3 of 12 rT1 L R`, -a [:7:; Zve Digital Sound Level Meter # 407730 Digital Sound Level Meter Analog bargraph with SOdB range updates every 40ms • f2dB accuracy with O.ldB resolution ' • A+C weighting • AC analog output •i L i 0 • Record Max/Min values over time • Utilizes 0.5"(12.7mm) electret condenser microphone • 40 to 130dB measuring range 4ft 40* Details # 407730 Digital dB Meter fl ORDER $79.00 Analog Sound Level Meter for when you need to measure sound levels on a budget ( • Two-color, bright analog display with battery check ' • Measurement range from 54 to 126 dB in 7 ranges • Built-in 0.5" Electret Microphone l; J Details # 407706 ANALOG dB Meterlh oROER $59.99 http://www.action-electronics.com/dbm'eter.htm 11/9/2008 Decibel Meters, dB Meters, sound level meters, noise level meter, sound pressure, Noise Page 4 of 12 Legal Requirements : The legal requirements for the type of meter will vary from county to county, city to city, and state to state. We can not give legal advice. But noise pollution is a real concern but we do suggest that you first contact the "offender" first. If it comes down to it, check with your local city/county police to obtain the regulations regarding noise pollution and any requirements needed to prove these are being violated. If it goes to court, it is most likely that a NIST meter will be required. If just a nice person who is unintentionally polluting, hard of hearing etc., and wants to comply, perhaps kindly asking them is the solution?!? As a Value Added, we can email you the city or state regulations concerning this, the ones available are listed below, just click the link for either the city or the state, then click Send. If unavailable, there is no link or is not listed. [PRIVACY IS TOTAL':] CLICK ON THE STATE FOR STATE REGULATIONS - ON THE CITY FOR CITY REGULATIONS dbm4 Nebraska - Omaha New Jersey - Statutes adopted by many Available STATES-Available Cities cities Alabama -Tuscaloosa New Mexico - Albuquerque Alaska - Anchorage New York - Buffalo - NY City-Yonkers - Arizona - Mesa-Phoenix-Tucson - Yuma Brighton - Conesus - DeWitt - Ellicottville - California - Los Angeles-Malibu- Galway - Gorham - Guilderland - Kent - Sacramento-San Jose-San Diego - San Luis Kirkwood - Rochester - Ulster - Williston Obispo cnty Park Colorado-Denver - Boulder - Boulder North Carolina - Charlotte County - Colorado Springs - FT Collins Ohio - Cincinnati-Cleveland DELAWARE - Oregon - Portland - Lincoln County - Florida - Jacksonville-Miami Newport - Portland - Tigard -Washington Georgia - Atlanta County HAWAII - Honolulu Rhode Island - Westerly ILLINOIS - Chicago Tennessee - Nashville Indiana - Fort Wayne - Indianapolis Texas - Austin-Dallas-El Paso-Houston- Kansas - Wichita San Antonio Maine - Ogunquit - York Utah - Salt Lake City Maryland - Howard County - Montgomery Vermont - Burlington County - St. Mary's County - Tacoma Park Virginia - Fairfax Massachusetts - Boston West Virginia - Jefferson County Michigan - Detroit - Traverse City Wisconsin - Madison Minnesota - Minneapolis-St. Paul MISSOURI - Kansas City FEDERAL REGULATIONS 1910.95 Occupational Noise Exposure (Chart Below) Any information we provide, although thought to be, and to the best of our knowledge is accurate, we do not guaranty its accuracy, legality in any way expressed or implied. It is considered for reference only and any legality concerns must be verified by you from the proper authorities governing the information. t High Accuracy dB Meter for General Purpose Use 1 11/9/2008 Decibel Meters, dB Meters, sound level meters, noise level meter, sound pressure, Noise Page 5 of 12 • Provides 2dB accuracy • High and Low measuring ranges • Max Hold with reset button • Built-in calibration check (94dB) • Analog AC/DC outputs for connection to an analyzer or recorder • Tripod mount ideal for field use ,cl Full Details # 407735 $219.00 tions For complying to MANY LEGAL RO. [NIST Special Order Item] • accuracy. It takes approx 1-2 weeks to get a m to of Standards and Technology specifications . Ofte sed in a courtroom or any legal or regulatory situat aws first] # 4 344.00 Type 2 SLM Meet Many Regulatory and Legal Requirements See [Legal Notice] 9ti • 2-Range for high accuracy Type II measurements • Provides 1.5 dB accuracy • Model 407736 meets ANSI and IEC 651 Type II standards • Built-in calibration check (94dB) • Dimensions: 9.5x2.7x1"(241x69x25mm). Weight 7.6 oz (215g) • Complete with hard vinyl case and 9V battery Full Details . -L # 407736-NIST1 ORDER 3 t336.0 0 With •NIST Calibration Certifications For complying to MANY LEGAL REQUIREMENTS Certification takes approx. 1-2 weeks ARO. [NIST Special Order Item] • NIST Certification of calibration and accuracy. It takes approx 1-2 weeks to get a model certified to the National Institute of Standards and Technology specifications Often a requirement if data is to be used in a courtroom or any legal or regulatory situation. [Check local or governing laws first] Meets ANSI and IEC 651 Type II standards # 407736 11 ORDER $239.00 Non-Certified, when only high accuracy is needed and no regulatory or legal issues are a concern. CAN BE CERTIFIED AT A LATER DATE! httn-//www.,gction-electronics.com/dbmeter.htm 11/9/2008 Decibel Meters, dB Meters, sound level meters, noise level meter, sound pressure, Noise Page 6 of 12 dB Meter for General Purpose Use Sound Level Meter with Backlit Display Two range meter with backlit LCD display High accuracy meets ANSI and IEC 651 Type 2 standards High and Low measuring ranges Low: 35 to 100dB High: 65 to 130dB Data Hold and Max Hold functions t". kk U v" PDF [PDF Help] # 407732 1 ORDER _j $152.00 Reg, Price $169.00 With •NIST Calibration Certifications For complying to MANY LEGAL REQUIREMENTS Certification takes approx. 1-2 weeks ARO. [NIST Special Order Item] • NIST Certification of calibration and accuracy. It takes approx 1-2 weeks to get a model certified to the National Institute of Standards and Technology specifications. Often a requirement if data is to be used in a courtroom or any legal or regulatory situation. [Check local or governing laws first] # 407732-NIST 1 ORDERµ $265.00 Reg. Price $295.00 High Accuracy dB Meter for General Purpose Use j 407738 Low Range Sound Level Meter w/Memory Features: High Accuracy Meets Type 2 Standards (ANSI S1.4-1983, IEC 60651, EN 60651) Wide 26dB to 130dB Range Memory to store and recall up to 99 Readings Max/Min Recording with Elapsed Time Stamp A & C Weighting 36- 4 Fast and Slow Response Large LCD Display with Analog Bargraph AC & DC Analog Output t A--~ lit PDF [PDF Help] Fx7ECN # 407738 w. _ORDER $289.00 # 407738-NIST [1 wORDERP $414.00 1 1 /9/2009 Decibel Meters, dB Meters, sound level meters, noise level meter, sound pressure, Noise Page 7 of 12 range, Big Digit Sound Level Meter J Type 2 meter with large LCD display High accuracy meets ANSI and IEC 651 Type 2 standards 3 measuring ranges for greater accuracy Max Hold ~xAnalog AC/DC outputs for connection to an analyzer or recorder Tripod mount ideal for field use C This device measures sound in decibels (dB). Useful features include A/C Weighting, Fast/Slow Response Time, and Maximum Reading HOLD. Careful use of this meter will provide years of reliable service. 407740 ..........Digital Sound Level Meter 407740-NIST Digital Sound Level Meter w/NIST Certificate 407744-NIST.. Precision Calibrator, 94dB for 407740 w/NIST Certificate A PDF [PDF Help] # 407740 ORDER $219.00 Sound Level Meter with PC Interface Includes Windows@ compatible software High accuracy meets ANSI and IEC 651 Type 2 standards Auto/Manual ranging Min/Max and Max Hold - RS-232 interface for capturing data directly on a PC Analog AC output for connection to a recorder LW Tripod mount ideal for field use 407768 ..............Digital Sound Level Meter 407768-NIST ..Digital Sound Level Meter with NIST Certificate 407766 ..............Sound Level Calibrator, 94dB/114dB PDF [PDF Help] # 407768 1-- ORDER J$279.00 With •NIST Calibration Certifications For complying to MANY LEGAL REQUIREMENTS Certification takes approx. 1-2 weeks ARO. [NIST Special Order Item] httD://www.action-electronics.com/dbmeter.htm 11/9/2008 Decibel Meters, dB Meters, sound level meters, noise level meter, sound pressure, Noise Page 8 of 12 • NIST Certification of calibration and accuracy. It takes approx 1-2 weeks to get a model certified to the National Institute of Standards and Technology specifications. _ # 407768 1 T„ORDER $399.00 Integrating Sound Level Datalogger Leq and SEL measurements with built-in datalogger and PC interface Meets ANSI and IEC 651/804 Type 2 standards Datalogging function records up to 32,000 records Programmable integrating time; Real time calendar/clock Linearity over wide range (100dB) Display modes: SPL, SEL, Lmax/Lmin, & Leq Leq and SEL measurements with built-in datalogger and PC c interface. This professional meter, with proper care, will provide years of safe reliable service. 407780 .......Sound Level Meter 407766 .......94/114 dB Calibrator for 0.5" or 1" microphones 40705X ......Insulated recorder cable 3' for AC/DC Outputs _ 407764-EXT ....6' Microphone Extension Cable 144117 .......117 VAC Adaptor 156230 .......220 VAC adaptor PDF [PDF Help] # 407780 ORDER $995.00 Measure total sound exposure over an 8-hour period Noise Dosimeter with PC Interface Measure total sound exposure over an 8-hour period Perform OSHA and IEC Noise accumulation surveys Adjustable Criterion Level, Exchange Rate, and Threshold Ideal for personal/workplace accumulated noise exposure 1 Also has storage of 5 separate surveys, Bi-directional RS-232 with Windows® compatible software and a real time clock. a ~ PDF [PDF Help] # 4073551 ORDER $599.00 action-electronics.com/dbmeter.htm 11/9/2008 Decibel Meters, dB Meters, sound level meters, noise level meter, sound pressure, Noise Page 9 of 12 Measure and store cnunrl _ level readings over a rMa r period of time. Easily Haccomplished with our DATA-LOGGING Sound Level Meter • Stores up to 16,000 reading for time period monitoring • RS232 Interface & Software to display data on a PC • High accuracy to f 1.5dB and 0.1 dB resolution • Time and Date are logged with data Apps • Store data for error free community noise monitoring, • Perform machinery noise monitoring, • Maintain noise level statistics for internal or external audits • Monitor office or plant noise and store the data. Full Details # 407764 __ORDER. Reg.$99 00 $535.00 ORDER l # 407764-NIST i ~I $679.00 With •NIST Calibration Certifications For complying to MANY LEGAL REQUIREMENTS Certification takes approx. 1-2 weeks ARO. [NIST Special Order Item] • NIST Certification of calibration and accuracy. It takes approx 1-2 weeks to get a model certified to the National Institute of Standards and Technology specifications, Personal Computer Based Data Logging SLM for instant or time period monitoring of sound levels • Auto/Manual ranging from 30 to 130dB in 6 ranges Meets ANSI and IEC Type 2 standards • Large 3 1/2 digit display with 0.1dB resolution • RS-232 interface for capturing data directly on a PC, optional Windows9 software included Apps • Store data for error free community noise monitoring, • Perform machinery noise monitoring, • Maintain noise level statistics for internal or external audits • Monitor office or plant noise and store the data. Similar to above but MUST BE CONNECTED TO A PC OR LAPTOP FOR DATA LOGGING Otherwise, functions as a normal high quality dB meter. Full Details I I # 407750 Meter ORDER J$239.00 With •NIST Calibration Certifications For complying to MANY LEGAL Decibel Meters, dB Meters, sound level meters, noise level meter, sound pressure, Nois... Page 10 of 12 REQUIREMENTS Certification takes approx. 1-2 weeks ARO. [NISI Special Order Item] • NIST Certification of calibration and accuracy. It takes approx 1-2 weeks to get a model certified to the National Institute of Standards and Technology specifications. . . # 407750-NIST 11 ORDER $374.00 Optional Data Acquisition Software and serial cable for HD Series Meters # 407752 Software & Cable Only 1 ORDER $45.00 REAL TIME-OCTAVE BAND ANALYZER t_ - - WITH DATA-LOGGING • Built-in memory stores up to 12,280 records in SLM mode and 1024 data points in 1/1 or 1/3 octave mode t r.. • RS232 Interface & Software to display data on a PC -Y'- • Wide 100dB range of 30 to 130dB • 160 x160 dot matrix backlit LCD displays Leq, LE, Lmax, Lmin and Lp Apps m Store data for error free community noise monitoring, Perform machinery noise monitoring, • Maintain noise level statistics for internal or external audits • Monitor office or plant noise and store the data f C, f • [Special Order Item] Details °,a_- # 407790 1 $3,299.00 Exchange or store credit only on any returns of dB Meters Practical Applications for Professional and Home Use: Measuring noise levels and factories, schools, offices, airports etc. Check acoustics of studios, auditoriums and home hi-fi installations. So How Loud Is Loud? Here is some common information requested. This & a lot more in the Pocket Reference Book 12" Cannon @ 12 feet(225) My kids 110dB + Deafening Close to a train(110) >130 dB Immediate hearing damage Car Horn at 5 meters(100db) 90 dB + Very Loud >90 dB regularly can cause 11/9/2008 Decibel Meters, dB Meters, sound level meters, noise level meter, sound pressure, Nois... Page 11 of 12 hearing damage. 70 - 80 dB Loud police whistle, city street noise normal conversation at close 45 - 60 dB Moderate up. Normal office noise. 30 - 40 dB Faint Quiet conversation, private office, recording studio. 20 dB & less Very Faint watch ticking, whispering, sound proof room. Now you know How Loud, Now How Long Can You Take It? r Hours Duration Per Day Sound Level (dB) Slow Response 8 90 6 92 4 95 3 97 2 100 1.5 102 1 105 .5 110 0.25 115 (b)(1) When employees are subjected to sound exceeding those listed in Table G-16, feasible administrative or engineering controls shall be utilized. If such controls fail to reduce sound levels within the levels of Table G-16, personal protective equipment shall be provided and used to reduce sound levels within the levels of the table. (2) If the variations in noise level involve maxima at intervals of 1 second or less, it is to be considered continuous. \1\ When the daily noise exposure is composed of two or more periods of noise exposure of different levels, their combined effect should be considered, rather than the individual effect of each. If the sum of the following fractions: C<INF> 1/T<INF> 1+C<IN F> 2/T<IN F> 2C<INF> n/T<INF> n exceeds unity, then, the mixed exposure should be considered to exceed the limit value. Cn indicates the total time of exposure at a action-electronics.com/dbmeter.htm 11/9/2008 Decibel Meters, dB Meters, sound level meters, noise level meter, sound pressure, Nois... Page 12 of 12 specified noise level, and Tn indicates the total time of exposure permitted at that level. Exposure to impulsive or impact noise should not exceed 140 dB peak sound pressure level. SEARCH Our Top Of Pam) Website SEARCHING FOR IC's- TRANSISTORS-DIODES TRIACS-BRIDGES-OTHER SEMICONDUCTORS- ETC...? [CLICK HERE] Search for: SEARCH Match any search words C Match all search words SEARCH TIPS EXPAND YOUR SEARCH BY USING "MATCH ANY SEARCH WORDS" *123* will show everything with 123 within it. xxx123 xxx123xxx 123xxx ETC. USE TO SEARCH FOR (*=everything) EVERYTHI* or *RYTHING or *EVERY* USE TO SEARCH FOR (?=Single Digits) EVERYTHI??? or ????RYTHING or EVERY????? LOOKING FOR 12-1234, ALSO TRY *121234*, *12-1234* ETC... Leave off the part number prefix. Instead of XX-12345 search for *12345 or *12345* Secure Shopping Cart `t kkAfse SECURE] TESTED DAILY 09-NOV Action Electronics 1300 E Edinger Ave-Santa Ana- CA-92705 r4 Tel (800) 563-9405 or (714) 547-5169 FAX: (Scan & Email Us...) 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All Rights Reserved. /www.action-electronics.com/dbmeter.htm 11/9/2008 PRODUCT DATA SHEET Digital Models for general purpose and high accuracy Type II measurements Features: • Two models provide 1.5 dB or 2dB accuracy • A and C weighting • High and Low measuring ranges: Low (35 to 100dB) High (65 to 130dB) • 0.1dB resolution • Fast/slow response • Max Hold with reset button • Model 407736 meets ANSI and IEC 651 Type II standards • Large 0.5" 3-1/2 digit LCD display • Built-in calibration check (94dB) • Tripod mount and analog DC/AC conditioned outputs of 10mV/dB • Utilizes 0.49"(12.3mm) condenser microphone • Dimensions: 9.5x2.7xl"(24lx69x25rnn+ Weight 7.6 oz (215g) Complete with hard vinyl case and 9V battery i it I! ~s~sa oft i ;r1~r Ordering Information 407735 .............Digital Sound Level Meter, 2dB accuracy 407735-NIST..Digital Sound Level Meter, 2dB accuracy w/ NIST Certificate 407736 .............Digital Sound Level Meter, 1.5dB accuracy 407736-NIST.. Digital Sound Level Meter, 1.5dB accuracy w/ NIST Certificate 407769 .............94/114dB Sound Level Calibrator 40705X ............AC/DC Recorder Output Cable rWWW.ACTION-ELECTRONICS.COM EXTECH INSTRUMENTS ISO 9001 Certified 1-800-563-9405 OR 714-547-5169 FAX 714-547-3291 P ge 1 of'28P J -IT rLINTat711s pct v~ €`eC'~p'Ct5 i7~ ~,fti7€. G~it~;~lt]~Y' ~CJV~f`F7Qi`L t L. liifli S St:t9€C' a~ k?!3 } o ca ~flU€.: #1re3 e:Ch[b%€s t%) Ur The Oregon Administrative Rules contain OARS filed through October 15, 2008 DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION 35 NOISE CONTROL REGULATIONS General 340-035-0005 Policy In the interest of public health and welfare, and in accordance with ORS 467.010 public policy of the State of Oregon: , it is declared to be the (1) To provide a coordinated state-wide program of noise control to protect the health, of Oregon citizens from the hazards and deterioration of the qualit of li safety, and noise emissions; y fe imposed by excessive (2) To facilitate cooperation among units of state and local governments noise control programs consistent with the state program and to encourage the of hingrcement and of viable supporting local noise control regulations by the appropriate local jurisdiction; o (3) To develop a program for the control of excessive noise sources which shall be d progressive manner, and each of its objectives shall be accomplished by coo erattiouamonken in a concerned. p n among all parties Stat. Auth.: ORS 467 Stats. Implemented: RS 467.010 Hist.: DEQ 75, f. 7-25-74 8-25-74; DEQ 77, f. 9-5-74, ef. 9-25-74 340-035-0010 Exceptions (1) Upon written request from the owner or controller of a noise source, the Department may authorize http://areweb. sos. state. or. us/rules/OARs_3 00/OAR . -5- - - _U exceptions as specifically listed in these rules. (2) In establishing exceptions, the Department shall consider the protection of health, safety, and welfare of Oregon citizens as well as the feasibility and cost of noise abatement; the past, present, and future patterns of land use; the relative timing of land use changes; and other legal constraints. For those exceptions which it authorizes the Department shall specify the times during which the noise rules can be exceeded and the quantity and quality of the noise generated, and when appropriate shall specify the increments of progress of the noise source toward meeting the noise rules. Stat. Auth.: ORS 467 Stats. Implemented: ORS 467.030 Hist.: DEQ 75, f. 7-25-74, ef. 8-25-74; DEQ 77, f. 9-5-74, ef. 9-25-74 340-035-0015 Definitions As used in this division: (1) "Air Carrier Airport" means any airport that serves air carriers holding Certificates of Public Convenience and Necessity issued by the Civil Aeronautic Board. (2) "Airport Master Plan" means any long-term development plan for the airport established by the airport proprietor. (3) "Airport Noise Abatement Program" means a Commis- sion- approved program designed to achieve noise compatability between an airport and its environs. (4) "Airport Proprietor" means the person who holds title to an airport. (5) "Ambient Noise" means the all-encompassing noise associated with a given enviromnent, being usually a composite of sounds from many sources near and far. (6) "Annual Average Day-Night Airport Noise Level" means the average, on an energy basis, of the daily Day-Night Airport Noise Level over a 12-month period. (7) "Any One Hour" means any period of 60 consecutive minutes during the 24-hour day. (8) "Closed Course Motorcycle Racing Vehicle" means any motorcycle racing vehicle that is operated in competition or practice session on a closed course motor sports facility, i.e.,.where public access is restricted and admission is generally charged. (9) "Commission" means the Environmental Quality Commission. (10) "Construction" shall mean building or demolition work and shall include all activities thereto such as clearing of land, earthmoving, and landscaping, but shall not include the production of construction materials. (11) "Day-Night Airport Noise Level (Ldn)" means the Equivalent Noise Level produced by airport/aircraft operations during a 24-hour time period, with a 10 decibel penalty applied to the level http://arcweb.sos.state.or.us/rules/OARs - - rdgc j 01 Ga measured during the nighttime hours of 10 p.m. to 7 a.m. (12) "Department" means the Department of Environmental Quality. (13) "Director" means the Director of the Department. (14) "Drag Racing Vehicle" means any racing vehicle used to compete in any acceleration competition initiated from a standing start and continued over a straight line course. (15) "Emergency Equipment" means noise emitting devices required to avoid or reduce the severity of accidents. Such equipment includes, but is not limited to, safety valves and other unregulated pressure relief devices. (16) "Equivalent Noise Level (Leq)" means the equivalent steady state sound level in A-weighted decibels for a stated period of time which contains the same acoustic energy as the actual time-varying sound level for the same period of time. (17) "Existing Industrial or Commercial Noise Source" means any industrial or commercial noise source for which installation or construction was commenced prior to January 1, 1975. (1 8) "Farm Tractor" means any motor vehicle designed primarily for use in agricultural operations for drawing or operating plows, mowing machines, or other implements of husbandry. (19) "Four Wheel Drive Racing Vehicle" means any four-wheeled racing vehicle with at least one wheel on the front and rear axle driven by the engine or any racing vehicle participating in an event with predominantly four wheel drive racing vehicles. (20) "Go-Kart Racing Vehicle" means a light-weight four-wheeled racing vehicle of the type cormnonly known as a go-kart. (21) "Impulse Sound" means either a single pressure peak or a single burst (multiple pressure peaks) for a duration of less than one second as measured on a peak unweighted sound pressure measuring instrument or "C" weighted, slow response instrument and specified by dB and dBC respectively. (22) "In-Use Motor Vehicle" means any motor vehicle which is not a new motor vehicle. (23) "Industrial or Commercial Noise Source" means that source of noise which generates industrial or commercial noise levels. (24) "Industrial or Cominercial Noise Levels" means those noises generated by a combination of equipment, facilities, operations, or activities employed in the production, storage, handling, sale, purchase, exchange, or maintenance of a product, commodity, or service and those noise levels generated in the storage or disposal of waste products. (25) "Motorboat" as used in OAR 340-035-0025 means a watercraft propelled by an internal combustion engine but does not include a boat powered by an outboard motor or an inboard/outboard power package designed to exhaust beneath the surface of the water. (26) "Motorcycle" means any motor vehicle, except farm tractors, designed to travel on not more than three wheels which are in contact with the ground. http://areweb.sos.state.or.us/rules/OARs rage,+ or zu (27) "Motor Sports Advisory Committee" means a committee appointed by the Director, from among the nominees, for the purpose of technical advice on racing activities and to recormnend Exceptions to these rules as specified in OAR 340-035-0040(12). This Committee shall consist of: (a) One permanent public member nominated by a noise impacted group or association; and (b) One representative of each of the racing vehicle types identified in OAR 340-035-0040(2) as nominated by the respective sanctioning bodies; and (c) The program manager of the Department's noise pollution control section who shall also serve as the departmental staff liaison to this body; and (d) An attorney; and (e) An acoustical engineer. (28) "Motor Sports Facility" means any facility, track or course upon which racing events are conducted (29) "Motor Sports Facility Noise Impact Boundaries" means the daily 55 dBA day-night (Ldn) noise contours around the motor sports facility representing events that may occur on the day of maximum projected use. (30) "Motor Sports Facility Owner" means the owner or operator of a motor sports facility or an agent or designee of the owner or operator. When a Racing Event is held on public land, the event organizer (i.e., promoter) shall be considered the motor sports facility owner for the purposes of these rules. (31) "Motor Vehicle" means any vehicle which is, or is designed to be self-propelled or is designed or used for transporting persons or property. This definition excludes airplanes, but includes watercraft. (32) "New Airport" means any airport for which installation, construction, or expansion of a runway commenced after January 1, 1980. (33) "New Industrial or Commercial Noise Source" means any industrial or commercial noise source for which installation or construction was corrunenced after January 1, 1975 on a site not previously occupied by the industrial or commercial noise source in question. (34) "New Motor Sports Facility" is any permanent motor sports facility for which construction or installation was commenced after January 1, 1982. Any recreational park or similar facility which initiates sanctioned racing after this date shall be considered a new motor sports facility. (35) "New Motor Vehicle" means a motor vehicle whose equitable or legal title has never been transferred to a person who in good faith purchases the new motor vehicle for purposes other than resale. The model year of such vehicle shall be the year so specified by the manufacturer, or if not so specified, the calendar year in which the new motor vehicle was manufactured. (36) "Noise Impact Boundary" means a contour around the airport, any point on which is equal to the airport noise criterion. (37) "Noise Level" means weighted sound pressure level measured by use of a metering characteristic with an "A" frequency weighting network and reported as dBA. r agu J U1 Go (38) "Noise Sensitive Property" means real property normally used for sleeping, or nonnally used as schools, churches, hospitals or public libraries. Property used in industrial or agricultural activities is not Noise Sensitive Property unless it meets the above criteria in more than an incidental manner. (39) "Octave Band Sound Pressure Level" means the sound pressure level for the sound being measured within the specified octave band. The reference pressure is 20 micropascals (20 micronewtons per square meter). (40) "Off-Road Recreational Vehicle" means any motor vehicle, including water craft, used off public roads for recreational purposes. When a road vehicle is operated off-road the vehicle shall be considered an off-road recreational vehicle if it is being operated for recreational purposes. (41) "One-Third Octave Band Sound Pressure Level" means the sound pressure level for the sound being measured within the specified one-third octave band at the preferred frequencies. The reference pressure is 20 micropascals (20 micronewtons per square meter). (42) "Open Course Motorcycle Racing Vehicle" means any motorcycle racing vehicle that is operated in competition on an open course motor sports facility, i.e., where public access is not generally restricted. This definition is intended to include the several types of motorcycles such as "enduro" and "cross country" that are used in events held in trail or other off-road environments. (43) "Oval Course Racing Vehicle" means any racing vehicle, not a motorcycle and not a sports car, which is operated upon a closed, oval-type motor sports facility. (44) "Person" means the United States Government and agencies thereof, any state, individual, public or private corporation, political subdivision, governmental agency, municipalty, industry, co-partnership, association, frnn, trust, estate, or any other legal entity whatever. (45) "Practice Sessions" means any period of time during which racing vehicles are operated at a motor sports facility, other than during racing events. Driver training sessions or similar activities which are not held in anticipation of a subsequent racing event, and which include only vehicles with a stock exhaust system, shall not be considered practice sessions. (46) "Preferred Frequencies" means those mean frequencies in Hertz preferred for acoustical measurements which for this purpose shall consist of the following set of values: 20, 25, 31.5, 40, 50, 63, 80, 100, 125, 160, 200, 250, 315, 400, 500, 630, 800, 1000, 1250, 1600, 2000, 2500, 3150, 4000, 5000, 6300, 8000, 10,000, 12,500. (47) "Previously Unused Industrial or Commercial Site" means property which has not been used by any industrial or commercial noise source during the 20 years immediately preceding commencement of construction of a new industrial or commercial source on that property. Agricultural activities and silvicultural activities generating infrequent noise emissions shall not be considered as industrial or commercial operations for the purposes of this definition. (48) "Propulsion Noise" means that noise created in the propulsion of a motor vehicle. This includes, but is not limited to, exhaust system noise, induction system noise, tire noise, cooling system noise, aerodynamic noise, and, where appropriate in the test procedure, braking system noise. This does not include noise created by road vehicle auxiliary equipment such as power take-offs and compressors. (49) "Public Roads" means any street, alley, road, highway, freeway, thoroughfare, or section thereof in http://areweb.sos.state.or.us/r-ules/OARs _ _ 1 ar,%. V V1 GO this state used by the public or dedicated or appropriated to public use. (50) "Quiet Area" means any land or facility designated by the Commission as an appropriate area where the qualities of serenity, tranquility; and quiet are of extraordinary significance and serve an important public need, such as, without being limited to, a wilderness area, national park, state park, game reserve, wildlife breeding area, or amphitheater. The Department shall submit areas suggested by the public as quiet areas, to the Commission, with the Department's recommendation. (51) "Racing Events" means any time, speed or distance competition using motor vehicles, conducted under a permit issued by the governmental authority having jurisdiction or under the auspices of a recognized sanctioning body. This definition includes, but is not limited to, events on the surface of land and water. Any motor sports event not meeting this definition shall be subject to the ambient noise limits of OAR 340-035-0030(1)(d). (52) "Racing Vehicle" means any Motor Vehicle that is designed to be used exclusively in Racing Events or any New Motor Vehicle that has not been certified by its manufacturer as meeting the applicable noise limits of OAR 340-035-0025 or any vehicle participating in or practicing for a Racing Event. (53) "Recreational Park" means a facility open to the public for the operation of off-road recreational vehicles. (54) "Road Vehicle" means any motor vehicle registered for use on public roads, including any attached trailing vehicles. (55) "Road Vehicle Auxiliary Equipment" means those mechanical devices which are built in or attached to a road vehicle and are used primarily for the handling or storage of products in that motor vehicle. This includes, but is not limited to, refrigeration units, compressors, compactors, chippers, power lifts, mixers, pumps, blowers, and other mechanical devices. (56) "Sound Pressure Level" (SPL) means 20 tunes the logarithm to the base 10 of the ratio of the root- mean-square pressure of the sound to the reference pressure. SPL is given in decibels (dB). The reference pressure is 20 micropascals (20 micronewtons per square meter). (57) "Special Motor Racing Event" means any racing event in which a substantial or significant number of out-of-state racing vehicles are competing or any event which has a special significance to the community and which has been recommended as a special motor racing event by the motor sports advisory committee and approved by the Department. (58) "Sports Car Racing Vehicle" means any racing vehicle which meets the requirements and specifications of the competition rules of any sports car organization. (59) "Statistical Noise Level" means the noise level which is equalled or exceeded a stated percentage of the time. An L10 = 65 dBA implies that in any hour of the day 65 dBA can be equalled or exceeded only 10% of the time, or for 6 minutes. (60) "Stock Exhaust System" means an original equipment manufacturer exhaust system or a replacement for original equipment for a street legal vehicle whose noise emissions do not exceed those of the original equipment. 1 a6t; / Vl Go (6 1) "Temporary Autocross or Solo Course" means any area upon which a paved course motor sports facility is temporarily established. Typically such courses are placed on parking lots, or other large paved areas, for periods of one or two days. (62) "Top Fuel-Burning Drag Racing Vehicle" means a drag racing vehicle that operates using principally alcohol (more than 50 percent) or utilizes nitromethane as a component of its operating fuel and commonly known as top fuel and funny cars. (63) "Trackside" means a sound measuring point of 50 feet from the racing vehicle and specified in Motor Race Vehicle and Facility Sound Measurement and Procedure Manual, NPCS-35. (64) "Warning Device" means any device which signals an unsafe or potentially dangerous situation. (65) "Watercraft Racing Vehicle" means any racing vehicle which is operated upon or irmnediately above the surface of water. (66) "Well Maintained Muffler" means a device or combination of devices which effectively decreases the sound energy of internal combustion engine exhaust without a muffler by a minimum of 5 dBA at trackside. A well maintained muffler shall be free of defects or modifications that reduce its sound reduction capabilities. Each outlet of a multiple exhaust system shall comply with the requirements of this subsection, notwithstanding the total engine displacement versus muffler length requirements. Such a muffler shall be a: (a) Reverse gas flow device incorporating a multitube and baffle design; or a (b) Perforated straight core device, fully surrounded from beginning to end with a sound absorbing medium, not installed on a rotary engine: (A) At least 20 inches in inner core length when installed on any drag race engine exceeding 1600 cc (96.7 cubic inches) displacement; or (B) At least 12 inches in inner core length when installed on any non-motorcycle drag race engine equal to or less than 1600 cc (96.7 cubic inches) displacement; or (C) At least 6 inches in inner core length and installed at the outlet end of any four-cycle motorcycle drag race engine; or (D) At least 8 inches in inner core length when installed on any two-cycle motorcycle drag race engine; or an (c) Annular swirl flow (auger-type) device of. (A) At least 16 inches in swirl chamber length when installed on any drag race engine exceeding 1600 cc (96.7 cubic inches) displacement; or (B) At least 10 inches in swirl chamber length when installed on any drag race engine equal to or less than 1600 cc (96.7 cubic inches) displacement; or a (d) Stacked 360° diffuser disc device; or a http://areweb.sos.state.or.us/rules/OARs (e) Turbocharger; or a r agu o ul /_o (f) Go-kart muffler as defined by the International Karting Federation as specified in Motor Race Vehicle and Facility Sound Measurement and Procedure Manual, NPCS-35; or an (g) Original equipment manufacturer motorcycle muffler when installed on a motorcycle model such muffler was designated for by the manufacturer; or (h) Boat motor whose exhaust exits beneath the water surface during operation; or a (i) Formula Vee four-into-one header/collector when installed on a Formula Vee sports car racing vehicle; or a 0) Hughes-type Racing muffler; or (k) Any other device demonstrated effective and approved by the motor sports advisory committee and the Department. Stat. Auth.: ORS 467 Stats. Implemented: ORS 467.030 Hist.: DEQ 75, f. 7-25-74, ef. 8-25-74; DEQ 77, f. 9-5-74, ef. 9-25-74; DEQ 119, f & ef. 9-1-76; DEQ 135, f. & of 6-7-77; DEQ 33-1979, f. & ef. 11-27-79; DEQ 17-1980, f. & ef. 5-28-80; DEQ 33-1980, f. 12-2-80, ef. 1-1-82; DEQ 7-1983, f. & ef. 4-22-83 340-035-0025 Noise Control Regulations for the Sale of New Motor Vehicles (1) Standards and Regulations: (a) No person shall sell or offer for sale any new motor vehicle designated in this rule which produces a propulsion noise exceeding the noise limits specified in Table 1, except as otherwise provided in these rules. (b) Subsequent to the adoption of a Federal Environmental Protection Agency procedure to determine sound levels of passenger cars and light trucks, or a nationally accepted procedure for these vehicles not similar to those specified and approved under subsection (2)(a) of this rule, the Department shall conduct an evaluation under such new procedure. (c) After an appropriate evaluation of noise emission data measured under the procedure specified under subsection (1)(b) of this rule, the Department shall make recommendations to the Commission on the adequacy of the procedure and the necessity of amendments to this rule for incorporation of the procedure and associated standards. (d) No person shall sell or offer to sell any new motorcycle, new motorcycle exhaust system or new motorcycle exhaust system component manufactured after January 1, 1983 unless the motorcycle, exhaust system, or exhaust component is properly labeled or marked in accordance with federal noise regulations specified in Part 205 Subpart E of Title 40 of the Code of Federal Regulations. (2) Measurement: (a) Sound measurements shall conform to test procedures adopted by the Commission in Motor Vehicle Sound Measurement Procedures Manual (NPCS-21), or to standard methods approved in writing by the Department. These measurements will generally be carried out by the motor vehicle manufacturer on a sample of either prototype or production vehicles. A certification program shall be devised by the manufacturer and submitted to the Department for approval within 60 days after the adoption of this rule; (b) Nothing in this rule shall preclude the Department from conducting separate or additional noise level tests and measurements on new motor vehicles being offered for sale. Therefore, when requested by the Department a new motor vehicle dealer or manufacturer shall cooperate in reasonable noise testing of a specific class of motor vehicle being offered for sale. (3) Manufacturer's Certification: (a) Prior to the sale of or offer for sale of any new motor vehicle designated in Table 1, the manufacturer or a designated representative shall certify in writing to the Department that vehicles listed in Table 1 made by that manufacturer and offered for sale in the State of Oregon meet applicable noise limits. Such certification will include a statement by the manufacturer that: (A) The manufacturer has tested sample or prototype vehicles; (B) That such samples or prototypes met applicable noise limits when tested in accordance with the procedures specified; (C) That vehicles offered for sale in Oregon are substantially identical in construction to such samples or prototypes. (b) Nothing in this rule shall preclude the Department from obtaining specific noise measurement data gathered by the manufacturer on prototype or production vehicles for a class of vehicles for which the Department has reasonable grounds to believe is not in conformity with the applicable noise limits. (4) Exceptions: Upon prior written request from the manufacturer or designated representative, the Department may authorize an exception to this noise rule for a class of motor vehicles, if it can be demonstrated to the Department that for that specific class a vehicle manufacturer has not had adequate lead-time or does not have the technical capability to either bring the motor vehicle noise into compliance or to conduct new motor vehicle noise tests. (5) Exemptions: (a) All racing vehicles, except racing motorcycles and racing motorboats, shall be exempt from the requirements of this rule provided that such vehicles are operated only at facilities used for sanctioned racing events; (b) Racing motorcycles and racing motorboats shall be exempt from the requirements of this rule provided that racing motorcycles are operated only at facilities used for sanctioned racing events, racing motorboats are operated only at areas designated by the State Marine Board for testing or at an approved racing event, and the following conditions are complied with: (A) Prior to the sale of a racing motorcycle or racing motorboat, the prospective purchaser shall file a notarized affidavit with the Department, on a Departmentally approved form, stating that it is the httD://areweb.sos.state.or.us/rules/OAR I arc IV Ul GO intention of such prospective purchaser to operate the vehicle only at facilities used for sanctioned racing events; and (B) No racing vehicle shall be displayed for sale in the State of Oregon without notice prominently affixed thereto: (1) That such vehicle will be exempt from the requirements of this rule only upon demonstration to the Department that the vehicle will be operated only at facilities used for sanctioned racing events, and . (ii) That a notarized affidavit will be required of the prospective purchaser stating that it is the intention of such prospective purchaser to operate the vehicle only at facilities used for sanctioned racing events; and (C) No racing vehicle shall be locally advertised in the State of Oregon as being for sale without notice included: (1) Which is substantially similar to that required in subparagraph (B)(i) and (ii) of this subsection; and (ii) Which is unambiguous as to which vehicle such notice applies. [ED. NOTE: The Table(s) referenced in this rule are not printed in the OAR Compilation. Copies are available from the agency.] [Publication: The Publication(s) referred to or incorporated by reference in this rule are available from the agency.] Stat. Auth.: ORS 467 Stats. Implemented: ORS 467.030 Hist.: DEQ 75, f 7-25-74, of 8-25-74; DEQ 119, f. & ef. 9-1-76; DEQ 135, f & ef. 6-7-77; DEQ 143, f & ef. 9-30-77; DEQ 146, f. & ef. 11-3-77; DEQ 18-1978, f & ef. 12-1-78; DEQ 20-1978, f & ef. 12- 27-78; DEQ 3-1979, f & of 2-2-79; DEQ 10-1980, f & ef. 4-3-80; DEQ 17-1980, f & of 5-28-80; DEQ 13-1982; f & of 7-21-82; DEQ 7-1983, f & of 4-22-83 340-035-0030 Noise Control Regulations For In-Use Motor Vehicles (1) Standards and Regulations: (a) Road Vehicles: (A) No person shall operate any road vehicle which exceeds the noise level limits specified in Table 2 or in such a manner to exceed the noise level limits specified in Table 3, except as otherwise provided in these rules. (B) No person shall operate a road vehicle with any of the following defects: (i) No muffler; (ii) Leaks in the exhaust system; (iii) Pinched outlet pipe. raYJG 11 U1 GO (C) Non-conforming "classic" and other "special interest" vehicles may be granted an exception to this rule, pursuant to OAR 340-035-0010, for the purpose of maintaining authentic equipment. (b) Off-Road Recreational Vehicles: (A) No person shall operate any off-road recreational vehicle which exceeds the stationary noise level limits specified in Table 4 or in such a manner as to exceed the moving vehicle noise level limits specified in Table 4; (B) No person shall operate an off-road recreational vehicle with any of the following defects: (1) No muffler; (ii) Leaks in the exhaust system; (iii) Pinched outlet pipe. (c) Trucks Engaged in Interstate Commerce. Motor vehicles with a GVWR or GCWR in excess of 10,000 pounds which are engaged in interstate commerce by trucking and are regulated by Part 202 of Title 40 of the Code of Federal Regulations, promulgated pursuant to Section 17 of the Noise Control Act of 1972, 86 Stat. 1248, Public Law 92-574, shall be: (A) Free from defects which adversely affect sound reduction; (B) Equipped with a muffler or other noise dissipative device; (C) Not equipped with any "cut-out" devices, "by-pass" devices, or any other similar devices; and (D) Not equipped with any tire which as originally manufactured or newly retreaded has a tread pattern composed primarily of cavities in the tread, excluding sipes and local chunking, not vented by grooves to the tire shoulder or vented circumferentially to each other around the tire. (d) Ambient Noise Limits: (A) No person shall cause, allow, permit, or fail to control the operation of motor vehicles, including motorcycles, on property which he owns or controls, nor shall any person operate any such motor vehicle if the operation thereof increases the ambient noise level such that the appropriate noise level specified in Table 5 is exceeded as measured from either of the following points, if located within 1,000 feet (305 meters) of the motor vehicle: (1) Noise sensitive property; or (ii) A quiet area. (B) Exempt from the requirements of this section shall be: W Motor vehicles operating in racing events; http://arcweb.sos.state.or.us/rules/OARs 300/OAR (ii) Motor vehicles initially entering or leaving property which is more than 1,000 feet (305 meters) fiom the nearest noise sensitive property or quiet area; (iii) Motor vehicles operating on public roads; and (iv) Motor vehicles operating off-road for non-recreational purposes. (e) Auxiliary Equipment Noise Limits: (A) No person shall operate any road vehicle auxiliary equipment which exceeds the noise limits specified in Table 6, except as otherwise provided in these rules; (B) No person shall cause, allow, permit, or fail to control the operation of any road vehicle auxiliary equipment that exceeds 50 dBA for more than 30 minutes between 10 p.m. and 7 a.m. at any appropriate noise sensitive property measurement point as specified in OAR 340-035-0035(3)(b). (f) Motorcycles manufactured after December 31, 1982 to Federal Noise Regulations (40 CFR Part 205): (A) No person shall remove or render inoperative, or cause to be removed or rendered inoperative, other than for the purposes of maintenance, repair, or replacement of any device or element of design incorporated in the motorcycle for the purpose of noise control; (B) No person shall remove or deface any noise label or mark required by federal law which is affixed to any motorcycle or motorcycle part for purposes of identifying the motorcycle or motorcycle part as a federally regulated product; (C) No person shall operate any road or off-road motorcycle manufactured to federal noise law that does not bear a label or mark on the exhaust system that snatches the model specific code of the motorcycle on which the system is installed; (D) No person shall operate, nor shall any person cause, allow, permit or fail to control the operation of any competition motorcycle identified for "competition use only" by the noise label or mark required by federal law on any property other than a motor sports facility in a practice session or a racing event; (E) No person shall operate, nor shall any person cause, allow, permit or fail to control the operation of any motorcycle fitted with an exhaust system or exhaust system component identified for "competition motorcycles only" by the noise label or mark required by federal law on any property other than a motor sports facility in a practice session or a racing event. (2) Measurement. Sound measurement shall conform to test procedures adopted by the Commission in Sound Measurement Procedures Manual (NPCS-1) and Motor Vehicle Sound Measurement Procedures Manual (NPCS-21) or to standard methods approved in writing by the Department. (3) Exemptions: (a) Motor vehicles registered as antique or historical motor vehicles licensed in accordance with ORS 481.205(4) are exempt from these regulations; (b) Motor vehicle warning devices are exempt from these regulations, 035.html 11/5/2005 ragr_ 1J vi Go (c) Vehicles equipped with at least two snowtread tires are exempt from the noise limits of Table 3; (d) Motor vehicles described in subsection (1)(c) of this rule, which are demonstrated by the operator to be in compliance with the noise levels in Table 3, for operation greater than 35 mph, are exempt from these regulations; (e) Auxiliary equipment operated on construction sites or in the maintenance of capital equipment or to avoid or reduce the severity of accidents or operated on a farm for agricultural purposes or operated on forest land as defined in subsection (1) of ORS 526.324 for activities related to the growing or harvesting of forest tree species are exempt from these regulations. (4) Equivalency: (a) The in-use motor vehicle standards specified in Table 2 and 3 have been determined by the Department to be substantially equivalent to the 25 foot stationary test standards set forth in 1977 Oregon, Laws, Chapter 273; (b) Tests shall be conducted according to the procedures in Motor Vehicle Sound Measurement Procedures Manual (NPCS-21) or to standard methods approved in writing by the Department. [ED. NOTE: The Table(s) referenced in this rule are not printed in the OAR Compilation. Copies are available from the agency.] [Publication: The Publication(s) referred to or incorporated by reference in this rule are available from the agency.] Stat. Auth.: ORS 467 Stats. Implemented: ORS 467.030 Hist.: DEQ 75, f 7-25-74, J-8-25-74; DEQ 119, f. & of 9-1-76; DEQ 135, f & ef. 6-7-77; DEQ 147 (Temp), f & ef. 12-1-77; DEQ 2-1978, f & ef. 3-1-78; DEQ 7-1983, f & of 4-22-83 340-035-0035 Noise Control Regulations for Industry and Commerce (1) Standards and Regulations: (a) Existing Noise Sources. No person owning or controlling an existing industrial or commercial noise source shall cause or permit the operation of that noise source if the statistical noise levels generated by that source and measured at an appropriate measurement point, specified in subsection (3)(b) of this rule, exceed the levels specified in Table 7, except as otherwise provided in these rules. (b) New Noise Sources: (A) New Sources Located on Previously Used Sites. No person owning or controlling a new industrial or commercial noise source located on a previously used industrial or commercial site shall cause or permit the operation of that noise source if the statistical noise levels generated by that new source and measured at an appropriate measurement point, specified in subsection (3)(b) of this rule, exceed the levels specified in Table 8, except as otherwise provided in these rules. For noise levels generated by a wind energy facility including wind turbines of any size and any associated equipment or machinery, httD://areweb. sos.state. or.us/nil e-,/n A R c `....___J_ . L ",5V 1T VL Lu subparagraph (1)(b)(B)(iii) applies. (B) New Sources Located on Previously Unused Site: (i) No person owning or controlling a new industrial or commercial noise source located on a previously unused industrial or commercial site shall cause or permit the operation of that noise source if the noise levels generated or indirectly caused by that noise source increase the ambient statistical noise levels, L10 or L50, by more than 10 dBA in any one hour, or exceed the levels specified in Table 8, as measured at an appropriate measurement point, as specified in subsection (3)(b) of this rule, except as specified in subparagraph (1)(b)(B)(iii). (ii) The ambient statistical noise level of a new industrial or commercial noise source on a previously unused industrial or commercial site shall include all noises generated or indirectly caused by or attributable to that source including all of its related activities. Sources exempted from the requirements of section (1) of this rule, which are identified in subsections (5)(b) - (f), 0), and (k) of this rule, shall not be excluded from this ambient measurement. (iii) For noise levels generated or caused by a wind energy facility: (I) The increase in ambient statistical noise levels is based on an assumed background L50 ambient noise level of 26 dBA or the actual ambient background level. The person owning the wind energy facility may conduct measurements to determine the actual ambient L10 and L50 background level . (II) The "actual ambient background level" is the measured noise level at the appropriate measurement point as specified in subsection (3)(b) of this rule using generally accepted noise engineering measurement practices. Background noise measurements shall be obtained at the appropriate measurement point, synchronized with windspeed measurements of hub height conditions at the nearest wind turbine location. "Actual ambient background level" does not include noise generated or caused by the wind energy facility. (III) The noise levels from a wind energy facility may increase the ambient statistical noise levels L10 and L50 by more than 10 dBA (but not above the limits specified in Table 8), if the person who owns the noise sensitive property executes a legally effective easement or real covenant that benefits the property on which the wind energy facility is located. The easement or covenant must authorize the wind energy facility to increase the ambient statistical noise levels, L10 or L50 on the sensitive property by more than 10 dBA at the appropriate measurement point. (IV) For purposes of determining whether a proposed wind energy facility would satisfy the ambient noise standard where a landowner has not waived the standard, noise levels at the appropriate measurement point are predicted assuming that all of the proposed wind facility's turbines are operating between cut-in speed and the wind speed corresponding to the maximum sound power level established by IEC 61400-11 (version 2002-12). These predictions must be compared to the highest of either the assumed ambient noise level of 26 dBA or to the actual ambient background L10 and L50 noise level, if measured. The facility complies with the noise ambient background standard if this comparison shows that the increase in noise is not more than 10 dBA over this entire range of wind speeds. (V) For purposes of determining whether an operating wind energy facility complies with the ambient noise standard where a landowner has not waived the standard, noise levels at the appropriate measurement point are measured when the facility's nearest wind turbine is operating over the entire range of wind speeds between cut-in speed and the windspeed corresponding to the maximum sound power level and no turbine that could contribute to the noise level is disabled. The facility complies with the noise ambient background standard if the increase in noise over either the assumed ambient noise level of 26 dBA or to the actual ambient background L10 and L50 noise level, if measured, is not more than 10 dBA over this entire range of wind speeds. (VI) For purposes of determining whether a proposed wind energy facility would satisfy the Table 8 standards, noise levels at the appropriate measurement point are predicted by using the turbine's maximum sound power level following procedures established by IEC 61400-11 (version 2002-12), and assuming that all of the proposed wind facility's turbines are operating at the maximum sound power level. (VII) For purposes of determining whether an operating wind energy facility satisfies the Table 8 standards, noise generated by the energy facility is measured at the appropriate measurement point when the facility's nearest wind turbine is operating at the windspeed corresponding to the maximum sound power level and no turbine that could contribute to the noise level is disabled. (c) Quiet Areas. No person owning or controlling an industrial or commercial noise source located either within the boundaries of a quiet area or outside its boundaries shall cause or permit the operation of that noise source if the statistical noise levels generated by that source exceed the levels specified in Table 9 as measured within the quiet area and not less than 400 feet (122 meters) from the noise source. (d) Impulse Sound. Notwithstanding the noise rules in Tables 7 through 9, no person owning or controlling an industrial or commercial noise source shall cause or permit the operation of that noise source if an impulsive sound is emitted in air by that source which exceeds the sound pressure levels specified below, as measured at an appropriate measurement point, as specified in subsection (3)(b) of this rile: (A) Blasting. 98 dBC, slow response, between the hours of 7 a.m. and 10 p.m. and 93 dBC, slow response, between the hours of 10 p.m. and 7 a.m. (B) All Other Impulse Sounds. 100 db, peak response, between the hours of 7 a.m. and 10 p.m. and 80 dB, peak response, between the hours of 10 p.m. and 7 a.m. (f) Octave Bands and Audible Discrete Tones. When the Director has reasonable cause to believe that the requirements of subsection (1)(a), (b), or (c) of this rule do not adequately protect the health, safety, or welfare of the public as provided for in ORS Chapter 467, the Department may require the noise source to meet the following rules: (A) Octave Bands. No person owning or controlling an industrial or commercial noise source shall cause or permit the operation of that noise source if such operation generates a median octave band sound pressure level which, as measured at an appropriate measurement point, specified in subsection (3)(b) of this rule, exceeds applicable levels specified in Table 10. (B) One-third Octave Band. No person owning or controlling an industrial or commercial noise source shall cause or permit the operation of that noise source if such operation generates a median one-third octave band sound pressure level which, as measured at an appropriate measurement point, specified in subsection (3)(b) of this rule, and in a one-third octave band at a preferred frequency, exceeds the arithmetic average of the median sound pressure levels of the two adjacent one-third octave bands by: (1) 5 dB for such one-third octave band with a center frequency from 500 Hertz to 10,000 Hertz, http://areweb.sos.state.or.us/rules/OARs 300/OAR - -r rage 1V 01 Gb inclusive. Provided: Such one-third octave band sound pressure level exceeds the sound pressure level of each adjacent one-third octave band; or (ii) 8 dB for such one-third octave band with a center frequency from 160 Hertz to 400 Hertz, inclusive. Provided: Such one-third octave band sound pressure level exceeds the sound pressure level of each adjacent one-third octave band; or (iii) 15 dB for such one-third octave band with a center frequency from 25 Hertz to 125 Hertz, inclusive. Provided: Such one-third octave band sound pressure level exceeds the sound pressure level of each adjacent one-third octave band; (iv) This rule shall not apply to audible discrete tones having a one-third octave band sound pressure level 10 dB or more below the allowable sound pressure levels specified in Table 10 for the octave band which contains such one-third octave band. (2) Compliance. Upon written notification from the Director, the owner or controller of an industrial or commercial noise source operating in violation of the adopted rules shall submit a compliance schedule acceptable to the Department. The schedule will set forth the dates, terms, and conditions by which the person responsible for the noise source shall comply with the adopted rules. (3) Measurement: (a) Sound measurements procedures shall conform to those procedures which are adopted by the Commission and set forth in Sound Measurement Procedures Manual (NPCS-1), or to such other procedures as are approved in writing by the Department; (b) Unless otherwise specified, the appropriate measurement point shall be that point on the noise sensitive property, described below, which is further from the noise source: (A) 25 feet (7.6 meters) toward the noise source from that point on the noise sensitive building nearest the noise source; (B) That point on the noise sensitive property line nearest the noise source. (4) Monitoring and Reporting: (a) Upon written notification from the Department, persons owning or controlling an industrial or commercial noise source shall monitor and record the statistical noise levels and operating times of equipment, facilities, operations, and activities, and shall submit such data to the Department in the form and on the schedule requested by the Department. Procedures for such measurements shall conform to those procedures which are adopted by the Commission and set forth in Sound Measurement Procedures Manual (NPCS-1); (b) Nothing in this rule shall preclude the Department from conducting separate or additional noise tests and measurements. Therefore, when requested by the Department, the owner or operator of an industrial or commercial noise source shall provide the following: (A) Access to the site; (B) Reasonable facilities, where available, including but not limited to, electric power and ladders - -r - - • mac------~ ~ , adequate to perform the testing; (C) Cooperation in the reasonable operation, manipulation, or shutdown of various equipment or operations as needed to ascertain the source of sound and measure its emission. (5) Exemptions: Except as otherwise provided in subparagraph (1)(b)(B)(ii) of this rule, the rules in section (1) of this rule shall not apply to: (a) Emergency equipment not operated on a regular or scheduled basis; (b) Warning devices not operating continuously for more than 5 minutes; (c) Sounds created by the ties or motor used to propel any road vehicle complying with the noise standards for road vehicles; (d) Sounds resulting from the operation of any equipment or facility of a surface carrier engaged in interstate commerce by railroad only to the extent that such equipment or facility is regulated by pre- emptive federal regulations as set forth in Part 201 of Title 40 of the Code of Federal Regulations, promulgated pursuant to Section 17 of the Noise Control Act of 1972, 86 Stat. 1248, Public Law 92- 576; but this exemption does not apply to any standard, control, license, regulation, or restriction necessitated by special local conditions which is approved by the Administrator of the EPA after consultation with the Secretary of Transportation pursuant to procedures set forth in Section 17(c)(2) of the Act; (e) Sounds created by bells, chimes, or carillons; (f) Sounds not electronically amplified which are created by or generated at sporting, amusement, and entertainment events, except those sounds which are regulated under other noise standards. An event is a noteworthy happening and does not include informal, frequent, or ongoing activities such as, but not limited to, those which normally occur at bowling alleys or amusement parks operating in one location for a significant period of time; (g) Sounds that originate on construction sites. (h) Sounds created in construction or maintenance of capital equipment; (i) Sounds created by lawn care maintenance and snow removal equipment; 0) Sounds generated by the operation of aircraft and subject to pre-emptive federal regulation. This exception does not apply to aircraft engine testing, activity conducted at the airport that is not directly related to flight operations, and any other activity not pre-emptively regulated by the federal government or controlled under OAR 340-035-0045; (k) Sounds created by the operation of road vehicle auxiliary equipment complying with the noise rules for such equipment as specified in OAR 340-035-0030(1)(e); (1) Sounds created by agricultural activities; (m) Sounds created by activities related to the growing or harvesting of forest tree species on forest land as defined in subsection (1) of ORS 526.324. htti):Harcweb.sos.state.or.us/rules/OARs a.i yr va iaa •aa Vaulavaa~LLa ~HI.Lal l,'_✓T V_VJ✓ r arc 1 o w Go (6) Exceptions: Upon written request from the owner or controller of an industrial or commercial noise source, the Department may authorize exceptions to section (1) of this rule, pursuant to rule 340-035- 0010, for: (a) Unusual and/or infrequent events; (b) Industrial or commercial facilities previously established in areas of new development of noise sensitive property; (c) Those industrial or commercial noise sources whose statistical noise levels at the appropriate measurement point are exceeded by any noise source external to the industrial or commercial noise source in question; (d) Noise sensitive property owned or controlled by the person who controls or owns the noise source; (e) Noise sensitive property located on land zoned exclusively for industrial or commercial use. [ED. NOTE: Tables referenced are available from the agency.] [Publications: Publications referenced are available from the agency.] Stat. Auth.: ORS 467 Stats. Implemented: ORS 467.030 Hist.: DEQ 77, f. 9-5-74, ef. 9-25-74; DEQ 135, f. & ef. 6-7-77; DEQ 8-1980, f. & ef. 3-11-80; DEQ 7- 1983, f. & ef. 4-22-83; DEQ 5-2004, f. & cert. ef. 6-11-04 340-035-0040 Noise Control Regulations for Motor Sports Vehicles and Facilities (1) Statement of Purpose: (a) The Commission finds that the periodic noise pollution caused by Oregon motor sports activities threatens the environment of citizens residing in the vicinity of motor sports facilities. To mitigate motor sports noise impacts, a coordinated statewide program is desirable to ensure that effective noise abatement programs are developed and implemented where needed. This abatement program includes measures to limit the creation of new noise impacts and the reduction of existing noise impacts to the extent necessary and practicable; (b) Since the Commission also recognizes the need of Oregon's citizens to participate in recreational activities of their choice, these rules balance those citizen needs which may conflict when motor sports facilities are in operation. Therefore, a policy of continuing participation in standards development through the active cooperation of interested parties is adopted. The choice of these parties is to limit the noise emission levels of racing and recreational vehicles, to designate equipment requirements, and to establish appropriate hours of operation. It is anticipated that safety factors, limited technology, special circumstances, and special events may require exceptions to these rules in some instances; therefore, a mechanism to accommodate this necessity is included in this rule; (c) This rule is designed to encourage the motor sports facility owner, the vehicle operator, and govermnent to cooperate to limit and diminish noise and its impacts. These ends can be accomplished by 1 a8c; 17 V1 Go encouraging compatible land uses and controlling and reducing the racing vehicle noise impacts on communities in the vicinity of motor sports facilities to acceptable levels; (d) This rule is enforceable by the Department and civil penalties ranging from a minimum of $25 to a maximum of $500 may be assessed for each violation. The motor sports facility owner, the racing vehicle owner and the racing vehicle driver are held responsible for compliance with provisions of this rule. A schedule of civil penalties for noise control may be found under OAR 340-012-0052. (2) Standards: (a) Drag Racing Vehicle. No motor sports facility owner and no person owning or controlling a drag racing vehicle shall cause or permit its operation at any motor sports facility unless the vehicle is equipped with a properly installed and well maintained muffler; (b) Oval Course Racing Vehicle. No motor sports facility owner and no person owning or controlling an oval course racing vehicle shall cause or permit its operation at any motor sports facility unless the vehicle is equipped with a properly installed and well-maintained muffler and noise emissions from its operation do not exceed 105 dBA at trackside; (c) Sports Car Racing Vehicle. No motor sports facility owner and no person owning or controlling a sports car racing vehicle shall cause or permit its operation at any motor sports facility unless the vehicle is equipped with a properly installed and well-maintained muffler and noise emissions from its operation do not exceed 105 dBA at trackside; (d) Closed Course Motorcycle Racing Vehicle. No motor sports facility owner and no person owning or controlling a closed course motorcycle racing vehicle shall cause or permit its operation at any motor sports facility unless the vehicle is equipped with a properly installed and well-maintained muffler and noise emissions from its operation do not exceed 105 dBA at trackside or 105 dBA at 20 inches (.5 meter) from the exhaust outlet during the stationary measurement procedure; (e) Open Course Motorcycle Racing Vehicle. No motor sports facility owner and no person owning or controlling an open course motorcycle racing vehicle shall cause or pennit its operation at any motor sports facility unless the vehicle is equipped with a properly installed and well-maintained muffler and noise emissions do no exceed 105 dBA at 20 inches (.5 meter) from the exhaust outlet during the stationary measurement procedure; (f) Four Wheel Drive Racing Vehicles. No motor sports facility owner and no person owning or controlling a four wheel drive racing vehicle shall cause or permit its operation at any motor sports facility unless the vehicle is equipped with a properly installed and well-maintained muffler and noise emissions from its operation do not exceed 105 dBA at trackside; (g) Watercraft Racing Vehicle. No motor sports facility owner and no person owning or controlling a watercraft racing vehicle shall cause or permit its operation at any motor sports facility unless the vehicle is equipped with a properly installed and well-maintained muffler and noise emissions from its operation do not exceed 105 dBA at trackside; (h) Autocross or Solo Racing Vehicle. No motor sports facility owner and no person owning or controlling an autocross or solo racing vehicle shall cause or pennit its operation on any temporary autocross or solo course unless the vehicle is equipped with a properly installed and well-maintained muffler and noise emissions from its operation do not exceed 90 dBA at trackside. Autocross and solo r dgu L.u ul GO events conducted on a permanent motor sports facility, such as a sports car or go-kart course, shall comply with the requirements for sports car racing vehicles specified in subsection (2)(c) of this rule; (1) Go-Kart Racing Vehicle. No motor sports facility owner and no person owning or controlling a go- kart racing vehicle shall cause or permit its operation at any motor sports facility unless the vehicle is equipped with a properly installed and well-maintained muffler and noise emissions fiom its operation do not exceed 105 dBA at trackside. (3} New Motor Sports Facilities. Prior to the construction or operation of any permanent new motor sports facility, the facility owner shall submit for Department approval the projected motor sports facility noise impact boundaries. The data and analysis used to determine the boundary shall also be submitted to the Department for evaluation. Upon approval of the boundaries, this information shall be submitted to the appropriate local planning unit and the Department of Land Conservation and Development for their review and appropriate action. (4) Practice Sessions. Notwithstanding section (2) of this rule, all racing vehicles in order to operate in practice sessions, shall comply with a noise mitigation plan which shall have been submitted to and approved by the motor sports advisory committee and the Director. Such plans may be developed and submitted prior to each racing season. An approved plan may be varied with prior written approval of the Department. (5) Recreational Park. When a motor sports facility is used as a recreational park for the operation of off-road recreational vehicles, the ambient noise limits of OAR 340-035-0030(1)(d) shall apply. (6) Operations: (a) General. No motor sports facility owner and no person owning or controlling a racing vehicle shall permit its use or operation at any time other than the following: (A) Sunday through Thursday during the hours 8 a.m. to 10 p.m. local time-, and (B) Friday through Saturday, state and national holidays and the day preceding, not to exceed three consecutive days, during the hours 8 a.m. to 11 p.m. local time. (b) Overruns. Each motor sports facility may overrun the specified curfew times, including the time specified in subsection (11)(c) of this rule, not to exceed 30 minutes, no more than six days per year due to conditions beyond the control of the owner. Each overrun shall be documented to the Department within ten days of the occurrence; (c) Special Events. Any approved special motor racing event may also be authorized to exceed this curfew pursuant to subsection (12)(a) of this rule. (d) Continued Special Events. Any approved special event that cannot be completed within established curfew times due to circumstances beyond the control of the owner, such as but not limited to oil spills and accidents, may be continued the following day under the same conditions provided in the special event exception. The Department shall be notified within ten days of any continued special event. (7) Measurement and Procedures. All instruments, procedures and personnel involved in performing sound level measurements shall conform to the requirements specified in Motor Race Vehicle and Facility Sound Measurement and Procedure Manual, NPCS-35, or to standard methods approved in writing by the Department. (8) Monitoring and Reporting: Ia8c;/-I U1. /_0 (a) It shall be the responsibility of the motor sports facility owner to measure and record the required noise level data as specified under subsections (2)(b) - (1) of this rule and the Motor Race Vehicle and Facility Sound Measurement and Procedure Manual, NPCS-35. The owner shall either keep such recorded noise data available for a period of at least one calendar year or submit such data to the Department for storage. Upon request the owner shall make such recorded noise data available to the Department; (b) When requested by the Department, any motor sports facility owner shall provide the following: (A) Free access to the facility; (B) Free observation of noise level monitoring; (C) Cooperation and assistance in obtaining the reasonable operation of any Racing Vehicle using the facility as needed to ascertain its noise emission level. (9) Vehicle standards. No motor sports facility owner and no person owning or controlling a racing vehicle shall cause or permit a racing event or practice session unless the vehicle is equipped and operated in accordance with these rules. (10) Vehicle Testing. Nothing in this section shall preclude the motor sports facility owner from testing or barring the participation of any racing vehicle for non-compliance with these rules. (11) Exemptions: (a) Any motor sports facility whose racing surface is located more than 2 miles from the nearest noise sensitive property shall be exempt from this rule, (b) Any top fuel-burning drag racing vehicle shall be exempt from the requirements of subsection (2)(a) of this rule. No later than January 31, 1985 the Department shall report to the Commission on progress toward muffler technology development for this vehicle class and propose any necessary recommendations to amend this exemption; (c) Operation of non-complying jet powered dragsters between the hours of 11 a.m. and 10 p.m., (d) Operation of non-muffled racing vehicles at practice sessions between 12 noon and 3 p.m. as part of an approved plan as required pursuant to section (4) of this rule. (12) Exceptions. The Department shall consider the majority and minority recommendations of the motor sports advisory committee prior to the approval or denial of any exception to these rules. Exceptions may be authorized by the Department for the following pursuant to OAR 340-035-0010: (a) Special motor racing events; (b) Race vehicle or class of vehicles whose design or mode of operation makes operation with a muffler inherently unsafe or technically unfeasible; http://areweb.sos.state.or.us/rules/OARs -r_. 1<__111J_.. v 1 arQ GL_ Vl GO (c) Motor sports facilities previously established in areas of new development of noise sensitive property; (d) Noise sensitive property owned or controlled by a motor sports facility owner; (e) Noise sensitive property located on land zoned exclusively for industrial or commercial use; (f) Any motor sports facility owner or race sanctioning body that proposes a racing vehicle noise control program that accomplishes the intended results of the standards of section (2) of this rule, the measurement and procedures of section (7) of this rule, the monitoring and the reporting of section (8) of this rule; (g) Any motor sports facility demonstrating that noise sensitive properties do not fall within the motor sports facility noise impact boundaries may be except from the curfew limits of section (6) of this rule and the monitoring and reporting requirements of section (8) of this rule; (h) Any practice session for non-muffled racing vehicles that does not meet the exemption requirements specified in subsection (11)(d) of this rule. (13) Motor Sports Advisory Committee Actions. The committee shall serve at the call of the chairman who shall be elected by the members in accordance with the rules adopted by the committee for its official action. (14) Effective Date. These rules shall be effective January 1, 1982. [Publication: The Publication(s) referred to or incorporated by reference in this rule are available from the agency.] Stat. Auth.: ORS 467 Stats. Implemented: ORS 467.030 Hist.: DEQ 33-1980, f 12-2-80, of 1-1-82; DEQ 7-1983, f & ef. 4-22-83 340-035-0045 Noise Control Regulations for Airports (1) Statement of Purpose: (a) The Commission finds that noise pollution caused by Oregon airports threatens the public health and welfare of citizens residing in the vicinity of airports. To mitigate airport noise impacts a coordinated statewide program is desirable to ensure that effective Airport Noise Abatement Programs are developed and implemented where needed. An abatement program includes measures to prevent the creation of new noise impacts or the expansion of existing noise impacts to the extent necessary and practicable. Each abatement program will primarily focus on airport operational measures to prevent increased, and to lessen existing, noise levels. The program will also analyze the effects of aircraft noise emission regulations and land use controls; (b) The principal goal of an airport proprietor who may be required to develop an Airport Noise Abatement program under this rule should be to reduce noise impacts caused by aircraft operations, and to address in an appropriate manner the conflicts which occur within the higher noise contours; - --.7- (c) The Airport Noise Criterion is established to define a perimeter for study and for noise sensitive use planning purposes. It is recognized that some or many means of addressing aircraft/airport noise at the Airport Noise Criterion Level may be beyond the control of the airport proprietor. It is therefore necessary that abatement programs be developed, whenever possible, with the cooperation of federal, state and local governments to ensure that all potential noise abatement measures are fully evaluated; (d) This rule is designed to encourage the airport proprietor, aircraft operator, and government at all levels to cooperate to prevent and diminish noise and its impacts. These ends may be accomplished by encouraging compatible land uses and controlling and reducing the airport/aircraft noise impacts on communities in the vicinity of airports to acceptable levels. (2) Airport Noise Criterion. The criterion for airport noise is an Annual Average Day-Night Airport Noise Level of 55 dBA. The Airport Noise Criterion is not designed to be a standard for imposing liability or any other legal obligation except as specifically designated within this section. (3) Airport Noise Impact Boundary: (a) Air Carrier Airports. Within 12 months of designation, the proprietor of any Air Carrier Airport shall submit for Department approval, the existing airport Noise Impact Boundary. The data and analysis used to determine the boundary shall also be submitted to the Department for evaluation; (b) Existing Non-Air Carrier Airports. After an unsuccessful effort to resolve a noise problem pursuant to section (5) of this rule, the Director may require the proprietor of any existing non-air carrier airport to submit for Department approval, all information reasonably necessary for the calculation of the existing airport Noise Impact Boundary. This information is specified in the Department's Airport Noise Control Procedure Manual (NPCS-37), as approved by the Commission. The proprietor shall submit the required information within twelve months of receipt of the Director's written notification; (c) New Airports. Prior to the construction or operation and any required local govermnent land-use approval of any New Airport, the proprietor shall submit for Department approval the projected airport Noise Impact Boundary for the first full calendar year of operation. The data and analysis used to determine the boundary shall also be submitted to the Department for evaluation. The Department shall notify the appropriate local planning unit of the results of then evaluation; (d) Airport Master Planning. Any airport proprietor who obtains funding to develop an airport Master Plan shall submit for Department approval an existing noise impact boundary and projected noise impact boundaries at five, ten, and twenty years into the future. The data and analysis used to determine the boundaries shall also be submitted to the Department for evaluation; (e) Impact Boundary Approval. Within 60 days of the receipt of a completed airport noise impact boundary, the Department shall either consider the boundary approved or provide written notification to the airport proprietor of deficiencies in the analysis. (4) Airport Noise Abatement Program and Methodology: (a) Abatement Program. The proprietor of an existing or new airport whose airport Noise Impact Boundary includes Noise Sensitive Property, or may include Noise Sensitive Property, shall submit a proposed Airport Noise Abatement Program for Commission approval within 12 months of notification; in writing, by the Director. The Director shall give such notification when the Commission has reasonable cause to believe that an abatement program is necessary to protect the health, safety or http://areweb.sos.state.or.us/rules/OARs 300/0AR 340/340 _-Cl__. welfare of the public following a public informational hearing on the question of such necessity. Reasonable cause shall be based upon a determination that: (A) Present or planned airport operations cause or may cause noise impacts that interfere with noise sensitive use activities such as communication and sleep to the extent that the public health, safety or welfare is threatened; (B) These noise impacts will occur on property presently used for noise sensitive purposes, or where noise sensitive use is permitted by zone or comprehensive plan; and (C) It appears likely that a feasible noise abatement program may be developed. (b) Program Elements. An Airport Noise Abatement Program shall consist of all of the following elements, but if it is determined by the Department that any element will not aid the development of the program, it may be excluded: (A) Maps of the airport and its environs, and supplemental information, providing: (i) Projected airport noise contours fiorm the Noise Impact Boundary to the airport property line in 5 dBA increments under current year of operations and at periods of five, ten, and twenty years into the future with proposed operational noise control measures designated in paragraph (4)(b)(B); (ii) All existing Noise Sensitive Property within the airport Noise Impact Boundary; (iii) Present zoning and comprehensive land use plan permitted uses and related policies; (iv) Physical layout of the airport including the size and location of the runways, taxiways, maintenance and parking areas; (v) Location of present and proposed future flight tracks; (vi) Number of aircraft flight operations used in the calculation of the airport noise levels. This information shall be characterized by flight track, aircraft type, flight operation, number of daytime and nighttime operations, and takeoff weight of commercial jet transports. (B) An airport operational plan designed to reduce airport noise impacts at Noise Sensitive Property to the Airport Noise Criterion to the greatest extent practicable. The plan shall include an evaluation of the appropriateness and effectiveness of the following noise abatement operations by estimating potential reductions in the airport Noise Impact Boundary and numbers of Noise Sensitive Properties impacted within the boundary, incorporating such options to the fullest extent practicable into any proposed Airport Noise Abatement Program: (i) Takeoff and landing noise abatement procedures such as thrust reduction or maximum climb on takeoff, (ii) Preferential and priority runway use systems; (iii) Modification in approach and departure flight tracks; (iv) Rotational runway use systems; 340/340 035.htm1 11/5/2008 (v) Higher glide slope angles and glide slope intercept altitudes on approach; (vi) Dispaced runway thresholds; (vii) Limitations on the operation of a particular type or class of aircraft, based upon aircraft noise emission characteristics; (viii) Limitations on operations at certain hours of the day; (ix) Limitations on the number of operations per day or year; (x) Establishment of landing fees based on aircraft noise emission characteristics or time of day; (xi) Rescheduling of operations by aircraft type or time of day; (xii) Shifting operations to neighboring airports; (xiii) Location of engine run-up areas; (xiv) Times when engine run-up for maintenance can be done; (xv) Acquisition of noise suppressing equipment and construction of physical barriers for the purpose of reducing aircraft noise impact; (xvi) Development of new runways or extended runways that would shift noise away from populated areas or reduce the noise impact within the Airport Noise Impact Boundary. (C) A proposed land use and development control plan, and evidence of good faith efforts by the proprietor to obtain its approval, to protect the area within the airport Noise Impact Boundary from encroachment by non-compatible noise sensitive uses and to resolve conflicts with existing unprotected noise sensitive uses within the boundary. The Plan is not intended to be a community-wide comprehensive plan; it should be airport-specific, and should be of a scope appropriate to the size of the airport facility and the nature of the land uses in the immediate area. Affected local governments shall have an opportunity to participate in the development of the plan, and any written comments offered by an affected local government shall be made available to the Commission. The Department shall review the comprehensive land use plan of the affected local governments to ensure that reasonable policies have been adopted recognizing the local government's responsibility to support the proprietor's efforts to protect the public from excessive airport noise. The plan may include, but not be limited to, the following actions within the specified noise impact zones: (i) Changes in land use through non-noise sensitive zoning and revision of comprehensive plans, within the Noise Impact Boundary (55 dBA); (ii) Influencing land use through the programing of public improvement projects within the Noise Impact Boundary (55A BA); (iii) Purchase assurance programs within the 65 dBA boundary; (iv) Voluntary relocation programs within the 65 dBA boundary; http://arcweb.sos.state.or.us/rules/OARs 300/OAR - - --a- (v) Soundproofing programs within the 65 dBA boundary, or within the Noise Impact Boundary (55 dBA) if the goverrunental entity with land use planning responsibility desires, and will play a major role in implementation. (vi) Purchase of land for airport use within the 65 dBA boundary; (vii) Purchase of land for airport related uses within the 65 dBA boundary; (viii) Purchase of land for non-noise sensitive public use within the Noise Impact Boundary (55 dBA); (ix) Purchase of land for resale for airport noise compatible purposes within the 65 dBA boundary; (x) Noise impact disclosure to purchaser within the Noise Impact Boundary (55 dBA); (xi) Modifications to Uniform State Building Code for areas of airport noise impact within the Noise Impact Boundary (55 dBA). (c) Federal Aviation Administration Concurrence. The proprietor shall use good faith efforts to obtain concurrence or approval for any portions of the proposed Airport Noise Abatement Program for which the airport proprietor believes that Federal Aviation Administration concurrence or approval is required. Documentation of each such effort and a written statement from FAA containing its response shall be made available to the Commission; (d) Commission Approval. Not later than twelve months after notification by the Director pursuant to subsection (4)(a) of this rule, the proprietor shall submit a proposed Airport Noise Abatement Program to the Commission for approval. Upon approval, the abatement program shall have the force and effect of an order of the Commission. The Conunission may direct the Department to distribute copies of the approved abatement program to interested federal, state and local governments, and to other interested persons, and may direct the Department to undertake such monitoring or compliance assurance work as the Commission deems necessary to ensure compliance with the teens of its order. The Commission shall base its approval or disapproval of a proposed Noise Abatement Program upon: (A) The completeness of the information provided; (B) The comprehensiveness and reasonableness of the proprietor's evaluation of the operational plan elements listed under paragraph (4)(b)(B) of this rule; (C) The presence of an implementation scheme for the operational plan elements, to the extent feasible; (D) The comprehensiveness and reasonableness of the proprietor's evaluation of land use and development plan elements listed under paragraph (4)(b)(C) of this rule; (E) Evidence of good faith efforts to adopt the land use and development plan, or obtain its adoption by the responsible governmental body, to the extent feasible; (F) The nature and magnitude of existing and potential noise impacts; (G) Testimony of interested and affected persons; and (H) Any other relevant factors. _t . ~..w..~~_ _ 1 agc i ul Go (e) Program Renewal. No later than six months prior to the end of a five-year period following the Commission's approval, each current airport Noise Abatement Program shall be reviewed and revised by the proprietor, as necessary, and submitted to the Commission for consideration for renewal. (f) Program Revisions. If the Director determines that circumstances warrant a program revision prior to the scheduled five year review, the Airport Proprietor shall submit to the Commission a revised program within 12 months of written notification by the Director. The Director shall make such determination based upon an expansion of airport capacity, increase in use, change in the types or mix of various aircraft utilizing the airport, or changes in land use and development in the impact area that were unforeseen in earlier abatement plans. Any program revision is subject to all requirements of this rule. (5) Consultation. The Director shall consult with the airport proprietor, members of the public, the Oregon Departments of Transportation, Land Conservation and Development and any affected local government in an effort to resolve informally a noise problem prior to issuing a notification under subsections (3)(b), (4)(a) and (4)(f) of this rule. (6) Noise Sensitive Use Deviations. The airport noise criterion is designed to provide adequate protection of noise sensitive uses based upon out-of-doors airport noise levels. Certain noise sensitive use classes may be acceptable within the airport Noise Impact Boundary if all measures necessary to protect interior activities are taken. (7) Airport Noise Monitoring. The Department may request certification of the airport Noise Impact Boundary by actual noise monitoring, where it is deemed necessary to approve the boundary pursuant to subsection (3)(e) of this rule. (8) Exceptions. Upon written request from the Airport Proprietor, the Department may authorize exceptions to this rule, pursuant to OAR 340-035-0010, for: (a) Unusual or infrequent events; (b) Noise sensitive property owned or controlled by the airport; (c) Noise sensitive property located on land zoned exclusively for industrial or commercial use. [Publication: Publications referenced are available from the agency.] Stat. Auth.: ORS 467 Stats. Implemented: ORS 467.030 Hist.: DEQ 33-1979, £ & cf. 11-27-79; DEQ 7-1983, f. & ef. 4-22-83 340-035-0100 Variances (1) Conditions for Granting. The Commission may grant specific variances from the particular requirements of any rule, regulation, or order to such specific persons or class of persons or such specific noise source upon such conditions as it may deem necessary to protect the public health and welfare, if it finds that strict compliance with such rule, regulation, or order is inappropriate because of conditions beyond the control of the persons granted such variance or because of special circumstances which would render strict compliance unreasonable, or impractical due to special physical conditions or htti)://arcweb.sos.state.or.us/rules/OARs cause, or because strict compliance would result in substantial curtailment or closing down of a business, plant, or operation, or because no other alternative facility or method of handling is yet available. Such variances may be limited in time. (2) Procedure for Requesting. Any person requesting a variance shall make his request in writing to the Department for consideration by the Commission and shall state in a concise manner the facts to show cause why such variance should be granted. (3) Revocation or Modification. A variance granted may be revoked or modified by the Commission after a public hearing held upon not less than 20 days notice. Such notice shall be served upon the holder of the variance by certified mail and all persons who have filed with the Cormmission a written request for such notification. Stat. Auth.: ORS 467 Stats. Implemented: ORS 467.030 Hist.: DEQ 75, f. 7-25-74, ef. 8-25-74 340-035-0110 Suspension of Commission and Department Responsibilities In 1991, the Legislative Assembly withdrew all funding for implementing and administering ORS Chapter 467 and the Department's noise program. Accordingly, the Commission and the Department have suspended administration of the noise program, including but not limited to processing requests for exceptions and variances, reviewing plans, issuing certifications, forming advisory committees, and responding to complaints. Similarly, the public's obligations to submit plans or certifications to the Department are suspended. Stat. Auth.: ORS 467 Stats. Implemented: ORS 467 Hist.: DEQ 5-2004, f. & cert. ef. 6-11-04 The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terns and Conditions of Use Alphabetical Index by Agency Name Numerical Index by OAR Chapter Number Search the Text of the OARS Questions about Administrative Rules? Link to the Oregon Revised Statutes (ORS) Return to Oregon State Archives Home Page /arcweb.sos.state.or.us/rules/OARs 300/OAR-340/340-035.html 11/5/2008 Oregon Administrative Rules Chapter 340, Division 35 Department of Environmental Quality TABLE 7 (340-35-035) Existing Industrial and Commercial Noise Source Standards Allowable Statistical Noise Levels in Any One Hour lam - 10 pm L50 - 55 dBA L10 - 60 dBA L, - 75dBA 10 pm - lam L5o - 50 dBA Lt0 - 55 dBA L 60 dBA TABLE 8 (340-35-035) New Industrial and Commercial Noise Source Standards Allowable Statistical Noise Levels in Any One Hour 7am-10 pm L50- 55 dBA Lt0- 60 dBA L, - 75 dBA 10 pm - 7am L5D- 50 dBA L 10- 55 dBA L 1 - 60 dBA BRYANT EMERSON & FITCH, LLP Attorneys at Law September 16, 2008 Deschutes County Community Development Department 117 NW Lafayette Ave Bend, OR 97701 RE: Bruce and Peggy Vanderzanden CU-08-11 Greetings: Enclosed please find the following documents for filing: Notice of Appeal Partial De Novo Review w/Exhibits: Ronald L. Bryant * Craig P. Emerson Edward P. Fitch Steven D. Bryant Michael R. McLane Michael W. Flinn Lisa D.T. Klemp Alison M. Trimble Tony F. De Alicante * * Also admitted in Washington Exhibit A - Decision of Deschutes County Hearings Officer Exhibit B - CU-08-11 Tax Map 16-12-02-CO-00700 Exhibit C - Richard and Shirley Langston Letter Exhibit D - Response to Deschutes County Planning Division Staff Report and Neighbor Comments, and Supplemental Information Also enclosed is my firm's check in the amount of $2185.00 to cover the filing fee. Please contact me if you need any additional information. /pbj Enclosures cc: clients & FITCH, LLP RECEIVEn BY: ~ 12 SEP 1 0.2008 D EKED BY: GAClients\LDK\VanderZanden, Bruce & Peggy\Vanderzanden, Bruce & Peggy LU\Deschutes County Community Development.ltr 09.16.08.wpd 888 S.W. Evergreen Ave. P.O. Box 457 Redmond, OR 97756.0103 (541) 548-2151 Fax (541) 548-1895 E-mail bef@rdmond-lawyemcom A~n / p V vV Sincerelv. T IE8 Community Development Department { Planning Division 117 NW Lafayette Avenue, Bend, OR 97701-1925 [5411388-6575 - Fax (5411385-1764 http://www.deschutes.org/cdd APPEAL APPLICATION FEE: a.J S 5 EVERY NOTICE OF APPEAL SHALL INCLUDE: 1. A statement describing the specific reasons for the appeal. 2. If the Board of County Commissioners is the Hearings Body, a request for review by the Board stating the reasons the Board should review the lower decision. 3. If the Board of County Commissioners is the Hearings Body and de novo review is desired, a request for de novo review by the Board, stating the reasons the Board should provide the de novo review as provided in Section 22.32.027 of Title 22. It is the responsibility of the Appellant to complete a Notice of Appeal as set forth in Chapter 22.32 of the County Code. The Notice of Appeal on the reverse side of this form must include the items listed above. Failure to complete all of the above may render an appeal invalid. Any additional comments should be included on the Notice of Appeal. Appellant's Name (print): - r rle-c. A- V-neee '24aoh Phone: S( 5-,V ?~y777 Mailing Address: ZA3 b 64/44 VGy Av, City/State/Zip: kawtf~tdr i 04 47775-,/- Land Use Application Being Appealed: Property Description: Town ip 1(9 Range ectionQ?& Tax Lot 1100 Appellant's Signature: EXCEPT AS PROVIDED IN SECTION 22.32.024, APPELLANT SHALL PROVIDE A COMPLETE TRANSCRIPT OF ANY HEARING APPEALED, FROM RECORDED MAGNETIC TAPES PROVIDED BY THE PLANNING DIVISION UPON REQUEST (THERE IS A $5.00 FEE FOR EACH MAGNETIC TAPE RECORD). APPELLANT SHALL SUBMIT THE TRANSCRIPT TO THE PLANNING DIVISION NO LATER THAN THE CLOSE OF THE DAY FIVE (5) DAYS PRIOR TO THE DATE SET FOR THE DE NOVO HEARING OR, FOR ON-THE-RECORD APPEALS, THE DATE SET FOR RECEIPT OF WRITTEN RECORDS. (over) 0<( f U 1/07 BEFORE THE BOARD OF COMMISSIONERS FOR DESCHUTES COUNTY In re: Land Use Application of BRUCE AND PEGGY VANDERZANDEN DECISION CU-08-11 NOTICE OF APPEAL PARTIAL DE NOVO REVIEW Come now, BRUCE AND PEGGY VANDERZANDEN, and appeal the Hearings Officer's decision dated September 4, 2008, a copy of which is attached hereto as Exhibit A. This appeal is timely filed on the date the appeal time runs: September 16, 2008. According to the decision, the 150-day period governing this application expires on October 17, 2008. The Applicants agree to extend the clock as necessary in order to provide the Board of Commissioners time to hear this appeal. Applicants appeal the approval of a home occupation use for a cabinet manufacturing business to request the Board of Commissioners reconsider five of the conditions of approval which are not required by the County Code, not supported by the facts, and which are ripe for abuse by neighboring landowners at the sole financial expense of the applicants. The applicants request partial de novo review to submit a letter from a neighboring landowner which objects to the requirement that trees be planted along the shared property boundary (Exhibit B), and to address the traffic impact of only eight vehicle trips per day associated with the home occupation. Specifically, Applicants appeal the following conditions of approval: Page 1 - NOTICE OF APPEAL PARTIAL DE NOVO REVIEW Bruce and Peggy Vanderzanden G:\Clients\LDK\vanderZanden, Bruce & Peggy\vanderzanden, Bruce & Peggy LU\Appeal to BOC.09.11.08.wpd BRYANT, EMERSON & FITCH,1.cr ATTORNEYS AT LAW 888 S.W. EVERGREEN AVENUE P.O. BOX 457 REDMOND, OREGON 97758-0103 TELEPHONE (541) 548-2151 FAX (541) 548-1895 Conditions of Approval No. 7: Hours of operation for this home occupation shall be limited to 7:00 a.m. to 5:00 p.m., Monday through Friday and no more than two (2) Saturday's per month from 9:00 a.m. to 3:00 p.m. 2. Conditions of Approval No. 8: The applicant/owner and two (2) additional employees are the only employees authorized under this decision. 3. Conditions of Approval No. 9: The home occupation may generate no more than five (5) business-related vehicle trips per day to the site. This includes trips generated by a maximum of two (2) employees reporting to the property for work, two deliveries, and one customer. 4. Conditions of Approval No. 12(c): (only subsection (c) is appealed) The home occupation shall not produce prolonged odor, dust, glare, flashing lights, noise, smoke, or vibrations in excess of that created by normal residential use. Additionally, the applicant is required (a) at all times to keep the noise level of his home occupation operation below 50 decibels at all points beyond the exterior wall of the accessory structure where the business is operated, (b) at all times to also keep the sound pressure level below 50 dBLAeq at all points beyond the exterior wall of the accessory structure where the business is operated, and Lcj upon any request of the Deschutes County Planning Division to have the actual noise level and sound pressure levels monitored and evaluated under actual full operation conditions by an independent contractor acceptable to the Deschutes County Planning Division and paid for at the sole expense of the applicant. [emphasis added] Conditions of Approval No. 13: Trees and shrubs shall be retained onsite in all areas where they serve to screen the detached shop and home occupation, except as necessary for construction of access roads, building pads, septic drain fields and parking areas. (This condition does not prohibit maintenance of existing lawns, removal of dead, diseased or hazardous vegetation; the commercial harvest of forest products in accordance with the Oregon Forest Practices Act or agricultural use of the land.) Page 2 - NOTICE OF APPEAL PARTIAL DE NOVO REVIEW Bruce and Peggy Vanderzanden G:\Clients\LDK\VanderZanden, Bruce & Peggy\Vanderzanden, Bruce & Peggy LU\Appeal to BOC.09.11.08.wpd BRYANT, EMERSON & FITCH,1a.P ATTORNEYS AT LAW 888 S.W. EVERGREEN AVENUE P.O. BOX 457 REDMOND, OREGON 977560103 TELEPHONE (541) 548-2151 FAX (541) 548-1895 In addition, the applicant shall plant and maintain the following trees within six (6) months of the change of occupancy [building] permit for the detached shop. Eight (8) trees shall be introduced to screen the detached shop from SW McVay Avenue (north) and along the southern side of the structure, with four trees on each side. The introduced trees shall be clustered together in a triangular pattern and spaced approximately 10 feet apart from each other as measured from center of tree. The trees shall be a mixture of larger native species (for example, Lodgepole pines and Aspen). These trees shall be a minimum of 5 feet tall at the time of planting. 1. Statement of Appeal A. Conditions of Approval No. 12(c): Applicants agree to restrict the decibel levels emitted from the structure to 50 decibels or less, however, applicant requests that the Board of Commissioners put parameters on the requirement that "upon any request" for a noise and sound pressure level evaluation, the applicant bare the sole expense for the evaluation. As written, this requirement is ripe for abuse by neighboring landowners that oppose the home occupation and without parameters on this condition it can be abused by frivolous complaints all at the sole expense of the Applicants. The record includes a chart which shows 50 decibels is equivalent to a low voice or refrigerator in the home. Agriculture noise is approximately 40 decibels and with an air conditioner, the average home noise rates at approximately 50 decibels. The property is zoned EFU, MUA-10, and has an airport combining zone overlay which means it is within the flight corridor for the airport, and it is near McVey Avenue. Automobile traffic has an average decibel rating of 100 and small aircraft engines average 120 decibels. (Exhibit D, Pg. 6) Therefore, the surrounding neighborhood already has these existing decibel levels. In addition, the 50 decibels that are allowed by the decision would be dissipated across the 20 acre parcel, and deflected by Page 3 - NOTICE OF APPEAL PARTIAL DE NOVO REVIEW Bruce and Peggy Vanderzanden G:\Clients\LDK\VanderZanden, Bruce & Peggy\Vanderzanden, Bruce & Peggy LU\Appeal to BOC.09.11.08.wpd D BRYANT, EMERSON & FITCH, up ATTORNEYS AT LAW 888 S.W. EVERGREEN AVENUE P.O. BOX 457 REDMOND, OREGON 97756-0103 TELEPHONE (541) 548-2151 FAX (541) 548-1895 existing structures and vegetation. Therefore, it is unlikely much of any noticeable sound attributed to the home occupation will be realized by the opposing neighbors which are over 900 lineal feet away. Applicants propose that if a complaint is filed, the County make an inspection of the situation first, and if upon inspection further testing is deemed warranted, then the County request evaluation of the operation. If the test results show the noise and sound pressure is within the range permitted by the approval, then the complainant shall be held accountable for the evaluation expense - perhaps the County may collect a deposit for the estimated amount of the evaluation before further investigation is undertaken by the county. If the results exceed the permitted levels, then the applicant will be responsible for the expense of the evaluation. Since the only known professional evaluators are in the Portland area the evaluation expense can be considerable, and this is a reasonable compromise to avoid abuse of this criteria at the sole expense of the Applicants. B. Conditions of Approval No. 13: The Decision requires that there be four trees clustered in a triangular pattern and spaced approximately ten feet apart from each other as measured from the center of the tree. (Exhibit B) The Applicants would like to avoid planting trees that the County ultimately will conclude do not satisfy the conditions of approval, and would like the condition modified to address the Applicants' concerns. The Applicants agree to plant additional trees to screen the existing shop from McVey Avenue, but propose the condition of approval be modified to remove the "clustering" Page 4 - NOTICE OF APPEAL PARTIAL DE NOVO REVIEW Bruce and Peggy Vanderzanden G:\Clients\LDK\VanderZanden, Bruce & Peggy\Vanderzanden, Bruce & Peggy LU\Appeal to BOC.09.11.08.wpd BRYANT, EMERSON & FITCH, LLP ATTORNEYS AT LAW 888 S.W. EVERGREEN AVENUE P.O. BOX 457 REDMOND, OREGON 97750-0103 TELEPHONE (541) 548-2151 FAX (541).548-1895 requirement and to allow the trees to be planted as illustrated on Exhibit B. The proposed planting will actually fill in the space between existing trees and provide more effective screening of the shop from McVey Avenue. Because of the layout of the existing structures and agricultural operations on the property, the trees cannot be clustered as required by the Decision. Specifically, the Applicants have an existing corral, isolation stalls, and a large firewood storage area as indicated on the site plan. Any additional trees planted in the corral area would effect the use of the agricultural land. The corral area is used as a riding arena, and planting trees in the arena creates a hazardous condition, and it is likely any new trees would be consumed by the horses if planted in either the corral or isolation stall. Finally, the required clustering would impede into the drive and residential parking area and would restrict fire apparatus mobility. In addition, the Decision requires that there be trees planted along the southern boundary of the property. The neighbor to the south has submitted a letter to the Board opposing the tree planting along the shared property boundary. (Exhibit C) In addition to the objection by the neighbor, the trees on the southern boundary would restrict access to the existing barn illustrated on Exhibit B. The alleged purpose of the tree planting is to screen the loading and unloading of the vehicles. The vehicle parking and loading and unloading cannot be seen from the southern boundary or residential neighbor because of the existing machine shop and barn as illustrated on Exhibit B and existing trees along the boundary. C. Conditions of Approval No. 8: The Home Occupation Code allows a maximum of five employees for the home occupation because the property is zoned EFU and at least ten acres in size, however, the Page 5 - NOTICE OF APPEAL PARTIAL DE NOVO REVIEW Bruce and Peggy Vanderzanden G:\Clients\LDK\VanderZanden, Bruce & Peggy\Vanderzanden, Bruce & Peggy LU\Appeal to BOC.09.11.08.wpd BRYANT, EMERSON & FITCH, ccr ATTORNEYS AT LAW 888 S.W. EVERGREEN AVENUE P.O. BOX 457 REDMOND, OREGON 97756-0103 TELEPHONE (541) 548-2151 FAX (541) 548-1895 decision only allows two (2) employees even though the application satisfies this criteria. The decision is in error that the Applicants did not satisfy its burden of proof for this condition. Even the staff report concluded that this criteria was satisfied which entitles the Applicants up to five employees. However, the analysis in the decision includes consideration of factors not relevant to the satisfaction of this criteria, and which are specifically addressed in separate sections of the Code. Moreover, the decision is in error that the applicant did not address any noise impact with more than two (2) employees. The analysis of this criteria goes beyond the zoning and size of the parcel and considers the noise emissions, the parking location, the vehicle trips, and the hours of operation which are all specifically addressed in the analysis of other applicable criteria. Specifically, a separate criteria requires analysis of the daily vehicle trips to the property by employees, customers or clients, and parcel delivery services. In fact, the Applicants did address up to five vehicle trips per day to the subject property, and established that the Applicant requested approval for up to five (5) employees with this application, although only expected to employ two (2) employees at the outset. The applicant established that the proposed vehicle trips are well below the twenty (20) business related vehicle trips to the site per day allowed by the Code for employees, customers or clients, and parcel deliveries. (Exhibit D, Pg. 8) Even with five (5) employee trips per day, there are at most only three (3) additional parcel delivery trips to the property per day, and no customer or client trips are expected. Therefore, the total of eight (8)vehicle trips with five (5) employees is well below the twenty (20) vehicle trips allowed by the Code. Applicants submitted that the minimal traffic generated would not impact the surrounding land uses, and Page 6 - NOTICE OF APPEAL PARTIAL DE NOVO REVIEW Bruce and Peggy Vanderzanden G:\Clients\LDK\VanderZanden, Bruce & Peggy\Vanderzanden, Bruce & Peggy LU\Appeal to BOC.09.11.08.wpd BRYANT, EMERSON & FITCH, ur ATTORNEYS AT LAW 888 S.W. EVERGREEN AVENUE P.O. BOX 457 REDMOND, OREGON 97756-0103 TELEPHONE (541) 548-2151 FAX (541) 548-1895 even the staff concluded that any traffic generated by the proposed use would be considered minimal. (Exhibit D, Pg. 8) In addition, contrary to the Decision, the Applicants did submit that there is ample space on the 20-acre parcel, including around the existing structures, to locate parking. As indicated in the Decision, there is ample room for more vehicle parking in front of, north of the accessory structure. (Exhibit A, Pg. 15) Applicants propose that the employee parking would be located east of the existing machine shop. (Exhibit B) There is over 950 feet to the east property line from the east side of that building, and there is a row of trees that bound the east side of the property which provides additional screening for any vehicle parking on that side of the building. Finally, the Decision assumes that there would be a potentially greater impact of a more sustained level of noise on surrounding land use that would likely result from the increasing intensity of activity that presumably would result from having more employees. However, the analysis in the Burden of Proof and Response Statement submitted by the Applicants addresses a decibel level of 103 from an OSHA study of the Applicants' previous wood shop which operated with twelve employees. Applicants used this figure as the worse case scenario for the proposed use knowing that no more than six (6) people would be operating machinery at any given time. The structure's Reward Wall System 11 " iForm construction reduces any noise emission for a total decibel level of 38 to 55 from the opposite side of the walls. (Exhibit A, Pg. 14; Exhibit D, Pg. 5) Again, the original figure used for the calculation derived from a study of noise generated by 12 employees - obviously fewer employees would generate a lower decibel level of noise. Therefore, the decision is in error that the impact of the noise level might be greater than what Page 7 - NOTICE OF APPEAL PARTIAL DE NOVO REVIEW Bruce and Peggy Vanderzanden G:\Clients\LDK\VanderZanden, Bruce & Peggy\Vanderzanden, Bruce & Peggy LUWppeal to BOC.09.11.08.wpd BRYANT, EMERSON 8c FITCH, u.P ATTORNEYS AT LAW 888 S.W. EVERGREEN AVENUE P.O. BOX 457 REDMOND, OREGON 97756-0103 TELEPHONE (541) 548-2151 FAX (541) 548-1895 was addressed by the Applicants if five employees are permitted. Again, all of the issues raised as concerns in allowing additional employees are addressed in response to other criteria, and the noise level is restricted by a condition of approval to 50 dBLaeq regardless of whether there are two or five employees. Finally, the total of eight (8) vehicle trips per day that might be realized by a full scale operation with five (5) employees is significantly less than the twenty (20) business related vehicle trips permitted by the Code. Applicant respectfully requests the Board of Commissioners allow up to five (5) employees. D. Conditions of Approval No. 9: The Applicants request that consistent with an approval of five employees that at least eight (8) vehicle trips per day be approved for the home occupation. A vehicle trip is considered round trip, and the Code allows for up to twenty (20) vehicle trips per day. The eight (8) trips include five (5) employee trips, one delivery of accessories per day by van, a delivery of wood once a week, and UPS deliveries. It is not expected that customers or clients would visit the property. E. Conditions of Approval No. 7: Applicants applied for approval of the hours of operation for Monday through Saturday, 7 a.m. to 5 p.m., but the decision only approves two Saturdays a month from 9 a.m. to 3 p.m. (Exhibit A, Pg. 5) In considering whether the proposed operation would "unreasonably interfere" with other uses permitted in the EFU zone, the other uses in the surrounding area were summarized as either rural residential in nature and small and medium sized farming operations. (Exhibit A, Pg. 9) Page 8 - NOTICE OF APPEAL PARTIAL DE NOVO REVIEW Bruce and Peggy Vanderzanden G:\C1ients\L.DK\VanderZanden, Bruce & Peggy\Vanderzanden, Bruce & Peggy LU\Appeal to BOC.09.11.08.wpd BRYANT, EMERSON & FITCH, up ATTORNEYS AT LAW 888 S.W. EVERGREEN AVENUE P.O. BOX 457 REDMOND, OREGON 87756-0103 TELEPHONE (641) 548-2151 FAX (541) 548-1895 The operations will be conducted entirely within the accessory building constructed of a concrete wall system which decreases the total decibel levels emitted from the building as discussed previously, and on-site the building is clustered in and around existing residential and farm related structures. (See Exhibit B) Staff concluded that the proposed operations would not even interfere with other permitted uses that may occur on the EFU zone parcel itself. (Exhibit A, Pg. 8-9) Moreover, the property is 20 acres in size, and the nearest residences are more than 400 feet away from the shop building, and others, including the residences of the opponents, are even considerably further away. (Exhibit A, Pg. 10) The distance will have the effect of reducing any effect from noise generated by the proposed home business on surrounding properties. (Exhibit A, Pg. 10) Therefore, the restriction on operations for Saturdays is not supported by the Decision. There was no "unreasonable interference" with other uses permitted in the EFU zone found nor even any impact on the surrounding property. If the operations Monday through Friday 7:00 a.m. to 5:00 p.m., and every other Saturday do not "unreasonably interfere" or even impact the surrounding uses, then it would follow that the additional Saturdays and the extra two hours on those Saturdays, would also not have any "unreasonable interference" as required by this criteria. Applicants respectfully request that the Board of Commissioners approve hours of operation for Monday through Saturday, 7:00 a.m. to 5:00 p.m. In the alternative, the Applicants would request that if restricted hours on Saturdays are deemed necessary by the Board of Commissioners, that the hours of operation be permitted for each Saturday of the month 9:00 a.m. to 3:00 p.m. Page 9 - NOTICE OF APPEAL PARTIAL DE NOVO REVIEW Bruce and Peggy Vanderzanden G:\Clients\LDK\VanderZanden, Bruce & Peggy\Vanderzanden, Bruce & Peggy LU\Appeal to BOC.09.11.08.wpd BRYANT, EMERSON & FITCH,*rv ATTORNEYS AT LAW 888 S.W. EVERGREEN AVENUE P.O. BOX 457 REDMOND, OREGON 97756-0103 TELEPHONE (541) 548-2151 FAX (541) 548.1895 II. CONCLUSION. Consistent with the foregoing, the Applicants respectfully request the conditions of approval be modified as requested. DATED this 16th day of September 2008. Respectfully submitted, BRYANT, EMERSON & FITCH, LLP LISA DT EMP, OSB #0 0012 orne s for Bruce & Pe gy VanderZanden 888 SW E ergreen Avenue - P.O. Box 457 Redmond, OR 97756 541.548.21 1 - 54 .1895 (fax) Email: lis agredmond-l awyers. com ATTACHMENTS: Exhibit A - Decision of Deschutes County Hearings Officer Exhibit B - CU-08-11 Tax Map 16-12-02-CO-00700 Exhibit C - Richard and Shirley Langston Letter Exhibit D - Response to Deschutes County Planning Division Staff Report and Neighbor Comments, and Supplemental Information Page 10 - NOTICE OF APPEAL PARTIAL DE NOVO REVIEW Bruce and Peggy Vanderzanden G:\Clients\LDK\VanderZanden, Bruce & Peggy\Vanderzanden, Bruce & Peggy LLA\Appeal to BOC.09.11.08.wpd BRYANT, EMERSON & FITCH, LLP ATTORNEYS AT LAW 888 S.W. EVERGREEN AVENUE P.O. BOX 457 REDMOND, OREGON 97758-0103 TELEPHONE (541) 548-2151 FAX (541) 548-1895 DECISION OF DESCHUTES COUNTY HEARINGS OFFICER FILE NUMBER: APPLICANT/ PROPERTY OWNER: CU-08-11 Bruce and Peggy Vander Zanden 7236 SW McVey Avenue Redmond, Oregon 97756 2f`nQ. APPLICANT'S REPRESENTATIVE: Lisa Klemp Bryant, Emerson & Fitch, LLP Post Office Box 457 Redmond, Oregon 97756 REQUEST:. The applicant is requesting approval of a conditional use permit to operate a Type 3 home occupation within the Exclusive Farm Use zone. The home business entails cabinet manufacturing. STAFF CONTACT: Cynthia Smidt, Associate Planner HEARING HELD: . June 10, 2008 RECORD CLOSED: July 8, 2008 I. APPLICABLE CRITERIA: Title 18, Deschutes County Zoning Ordinance A. Chapter 18.04, Title Purpose and Definitions B. Chapter 18.16, Exclusive Farm Use Zone L Section 18.16.030, Conditional Uses Permitted - High Value and Nonhigh Value Farmland 2. Section 18.16.040, Limitations on Conditional. Uses 3. Section 18.16.070, Yard and Setback Requirements C. Chapter 18.32, Multiple Use Agricultural Zone 1. Section 18.32.030, Conditional Uses Permitted D. Chapter 18.116, Supplementary Provisions 1. Section 18.116.280, Home Occupations E. Chapter 18.128, Conditional Uses .1. Section 18.128.015, General Standards Governing Conditional Uses Title 22, Deschutes County Development Procedures Ordinance EXHIBIT II. BASIC FINDINGS: A. LOCATION: The property is located at 7236 SW McVey Avenue, Redmond and is identified on Deschutes County Assessor's Map 16-12-02C as tax lot 700. B. LOT OF RECORD: Deschutes. County has recognized this subject property as a legal lot of record because it has multiple land use and development permits issued to the property (see, for example, LM-9778, B-75-870, and B39909). C. ZONING: The property is zoned Exclusive Farm Use (EFU) - Tumalo/Redmond/Bend subzone on the western portion of the property and Multiple Use Agricultural (MUA10) on the east. The. proposed home occupation will occur on the EFU portion of the property. The property is also within Landscape Management (LM) and Airport Safety (AS) Combining zones. D. LAND USE HISTORY: The existing dwelling was originally constructed in 1924. In 1975, the County issued a permit to construct a small shed on the subject property (permit no. 75-870). On March 16, 1992, through file no. LL-92-25, the County approved a property line adjustment between the subject property and tax lot 900 to the south.' The County approved a site plan review (LM-97-8), on June 9, 1997 to construct a detached machine shop/barn (AG978) and an addition to the existing single-family dwelling (B39909). In October 1998, the County approved a 2,592 square foot livestock barn in the southern portion of the property with building permit no. AG9899. An existing 1,025 square foot shop/wood shed was replaced with a larger, 5,040 square foot (3,000 square foot building footprint) structure in 2007 through building permit no. B65968. Although the record is somewhat confusing on this point, this newer shop was approved either as an extension to a 1,872 square foot machine shop/bam established in 1997 or as a stand- -alone building. It is the newer 5,040 square foot replacement shop structure that will house the proposed home occupation and, based on County records, was built with this intention. The Building Safety Division's records for permit B65968 was that the "intended use [of the building was] ...'for home occupation." This intention was also reiterated in the completed Statement of Intended Use and goes as follows: "Upstairs to be used as [an] unfinished storage area for personal property. Downstairs: Owner will be filing for a Conditional Use Permit Home Occupation... for cabinet manufacturing business. " County staff signed off on the permit indicating the shop shall only be used for residential use and not as a commercial cabinet business without proper land use approval. E. SITE DESCRIPTION: The subject property is approximately 20-acres with varying terrain. The property has an inverse "L" shape and vegetated with juniper trees, ' Prior to the approval of file LL-92-25, the County approved a property boundary adjustment (File No. LL-91-98) between tax lots 700 and 900 (tax map 16-12-02C) on July 23, 1991. However, County records indicate that this earlier boundary adjustment was not completed and was superseded by the 1992 boundary adjustment. CU-08-11 (Vander Zanden) Hearings Officer's Decision . Page 2 of 30 deciduous trees, and introduced pasture grasses. The southern portion of the property is designated as dry pasture and the northern portion is irrigated pasture. Access to the property is taken from, but does not abut, McVey Avenue in the northwest corner of the property. The site is developed with a single-family dwelling, two barns, one large detached shop., a small accessory structure, and a gravel driveway. There are, substantial discrepancies between County records and the applicant's statements, with regard to the actual building sizes for those structures that are relevant to this application. The initial recommendations by staff on sizes of structures to be used for calculation purposes reflected this discrepancy and were based -on building permit records. The various figures are not reiterated here because they are set out in detail in the staff report and are part of the record. Subsequent to the hearing and during the open record period, staff determined that the square footage figures specified in the Building Permit for the dwelling did not include the attached garage. By memorandum to the Hearings Officer dated June 24, 2008, staff concurred with the applicant's attorney, Lisa Klemp that the appropriate square footage to use for the dwelling, including the attached garage is 4,158 square feet: That number will be used throughout this decision. The shop structure within which the applicant proposed to conduct the cabinet=building business also caused some confusion with regard to determination of size. This is . because. the new shop building could be regarded as an extension to a 1,872 square foot machine shop/barn established in 1997.. Staff initially utilized the larger. combined square footage (6,912 square feet) of the new shop and the machine/shop barn in the analysis of the conditional use application. At the. hearing and in materials submitted subsequent to the hearing, the applicant clarified that the new shop was only connected to the older machine shop/bam through a common roofline, with the two structures being approximately one (1) inch apart and having separate load bearing walls. Building plans were provided -to document that position. On that further basis, in its supplemental memorandum of June 24, 2008, staff recommended that the proposal be reviewed using only the area of the new shop (5,040 square feet). I concur in that analysis and find that it is reasonable to regard a shop and a machine shop/barn sharing only a. common roofline, but with separate load bearing walls, to be separate "structures" for purposes of this application. It follows, therefore that the relevant accessory structure (shop) contains 5,040. square feet of floor area. The combined square footage of the dwelling (with attached garage) and the accessory structure (shop) is 9,198 square feet. The site also contains a property perimeter fence as well as internal fencing. According to staff, the Flood Insurance Rate Map (FIRM) for Deschutes County and the. National Wetlands Inventory show the subject property is not situated in the 100-year flood plain nor does it contain wetlands. These .were verified by a staff site visit on May 16, 2008. F. SURROUNDING LAND USES: The area surrounding the subject property consists of rural residential properties and farm parcels. Farm zoned parcels of varying sizes lie to the north, south, west, and southeast of the subject property. Southwest. McVey, Avenue CU-08-11 (Vander Zanden) Hearings Officer's Decision Page 3 of 30 borders. the property in the northwest comer of the property. To the east and northeast of . the property there are residentially zoned subdivisions including of Nine View Estates, Chaparral Estates and Thompson Estates (unrecorded subdivision). The properties in these areas range in size from about 1.3 to 10 acres. To the west and northwest, across SW McVey Avenue are small farmed zoned parcels and the Deschutes River. Beyond the river are large U.S. Bureau of Land Management parcels.. Zoning_in the area is a mixture of Exclusive.Farm Use (EFU), Multiple Use Agricultural (MUA10), and Flood Plain (FP). G. SOILS: According to Natural Resources Conservation Service (MRCS) maps of. the area, there are. two soil units mapped on the subject property. The two soil units are 138A, Stukel sandy loam (0-3% slopes) and 141C, Stukel-Deschutes-Rock Outcrop complex (0-15% slopes). Approximately 54% of the property is comprised of Unit 138A and 46% is 141C. The majority of the existing structures are located at the boundary of the two soils. The dwelling appears to be sited on a dry, unirrigated area of soil unit 138A. The two barns and the detached shop are in the same area but appear to be located -in soil unit 141C. According to the NRCS, the major uses of these soils are livestock grazing and are not considered high value farmland.when irrigated. H. PROPOSAL: The applicant/property owner is requesting approval of a conditional use permit to establish a home occupation' on the subject property. The home. occupation consists of cabinet manufacturing. The cabinet manufacturing business will occupy 3,000 square feet in a detached shop (the entire first floor of the structure).2 The applicant does not propose to. use space in the existing. dwelling. The entire second story of the shop building will be designated for personal use.'' The Supplemental Application for a Type 2 and Type 3 Home Occupation Conditional Use Permit submitted by applicant indicated that table saw, dust collector, air compressor, spray booth, shapers and miscellaneous power tools would be used in the business. At. the hearing, the applicant indicated that the work to be performed involved cutting 418 sheets of plywood, assembling the cut materials into cabinets and lacquering them. The applicant proposes the manufacturing work to be done inside the existing shop. One business related truck and one 18-foot enclosed utility trailer will be parked outside next to the building. No outside storage, is proposed. The' proposed home occupation will include two (2) employees with the potential to increase to five (5) and will generate approximately three (3). to five (5) vehicle trips per day.3 The applicant expects few or no customers on-site 2According to the information initially submitted by the applicant, the single-family dwelling with attached garage and existing shop are 4,320 square feet. and 5,000 square feet, respectively,, in size. However, the applicant subsequently submitted information revising those figures slightly, and both staff and the applicant.now agree that the size of the dwelling with attached garage is 4,158 square feet and the size of the shop building is 5,040 square feet. See the discussion under site description above- for more detailed information. 3 The initial application indicated that the proposed home occupation would include two (2) employees. In its Burden of Proof the applicant modified and clarified its proposal by indicating that "although the applicant is proposing two employees at this time, the applicant reserves the right to have additional employees within the limits of the code if necessary in the future" The initial application also indicated CU-08-11 (Vander Zanden) Hearings Officer's Decision . Page 4 of 30 (no more than one per week). The proposed hours of operation will be Monday through Saturday 7:00 a.m. to 5:00 p.m.4 I. PUBLIC AGENCY COMMENTS: The Planning Division mailed notice to several. agencies and received comments from the Deschutes County Assessor; Deschutes County Building Division, Deschutes County Environmental Health Division, Redmond Fire and Rescue, Pacific Power and Light, and the Swalley Irrigation District. Those comments are contained in the record and are either summarized or set forth verbatim in the staff report. For this reason they are not repeated here. To the extent the comments pertain to the applicable approval criteria, they are addressed in the findings. The following agencies did not respond or had no comments: Central Electric Cooperative, Central Oregon Irrigation District, Deschutes County Property Address Coordinator, Deschutes County Road Department, Oregon Department of Environmental Quality (DEQ), Qwest, U.S. Bureau of Land Management (BLM), and Watermaster - District 11. J. PUBLIC COMMENTS: The Planning Division sent. notice of this proposal to all property owners within 750 feet of the subject property. A notice of the public hearing was published in the "Bend Bulletin" newspaper on May 18, .2008. Several written comments in opposition to the application were received prior to the hearing. In summary, these comments addressed concerns with traffic, access, environment, property values, commercial impacts and growth to the area. At the hearing, the applicant, Bruce Vander Zanden, the applicant's attorney, Lisa Klemp, and a neighbor testified on behalf of the application. Two people testified in opposition. The applicant and opponents submitted additional written comments during the period the record was held open. K: NOTICE REQUIREMENT: The applicant complied with .the. posted notice requirements of Section 22.23.030(B) of Deschutes County Code. (DCC) Title 22. The applicant submitted a Land Use Action. Sign Affidavit, dated March 10; 2008, indicating the applicant posted notice of the land use action on March.10, 2008. L. REVIEW PERIOD: . The application was submitted to the Planning Division on February 26, 2008. An incomplete letter was sent on March 24, 2008 and the applicant responded on April 23; 2008. Therefore, the Planning Division deemed this application complete and accepted it for review on April 23, 2008. Notification of the public hearing was posted in the Bend Bulletin Newspaper on May 18, 2008. As of the date of the -public hearing for this matter, June 10, 2008, staff estimated that 102 days remained on the 150-day review clock for this land use application. At the public hearing, applicant's attorney Lisa Klemp requested that the record be held open for two weeks for submission of additional materials. that the business would generate 6-10 vehicle trips per day. However, the burden of proof statement submitted' later indicated that the home. occunntinn would venerate apnrogimntPly thraa (3) to ova !51 -r------ a r' vehicle trips per day. 4 The initial application indicated that the proposed home occupation would operate 5-6 days per week. In its Burden of Proof the applicant. modified and clarified its proposal by indicating that the. business would operate Monday through Saturday from 7:00 a.m. to 5:00 p.m. CU-08-11. (Vander Zanden). Hearings Officer's Decision. Page 5 of 30 Based on the applicant's request, the Hearings officer left the written evidentiary record open through July 1, 2008 (two weeks for the submission of additional materials and one week for submission of rebuttal materials in response to the prior submissions as called for by ORS 197.763), and allowed the applicant through July 8, 2008 to submit final argument pursuant to ORS 197.763. Because the applicant, requested the extension of the written record, under Section 22.24.140(E) of the Deschutes County Code, the 150-day period was tolled for an additional 28 days, and now expires on October 17, 2008. As of the date of this decision there remain 44 days in the extended 150-day period. III. CONCLUSIONARY FINDINGS: Title 18 Deschutes County Zoning Ordinance. A. CHAPTER 18.04. TITLE PURPOSE AND DEFINITIONS "Home occupation" means an occupation or profession carried on within a dwelling and/or a residential, accessory structure by a resident of the dwelling or. employees, depending on type pursuant to DCC 18.116.280 and is secondary. to the residential use of the dwelling and/or the residential accessory structure. FINDING: The applicant is proposing to establish a home occupation on the subject property to conduct a cabinet manufacturing'business as defined in the Proposal section of this report. The home occupation will be carried out by the residing property owner who will also employ two people. The entire business operation, office included, will be inside the existing detached shop on the first floor. The existing dwelling with attached garage is 4,158 square feet, the accessory structure is 5,040 square feet, and the proposed business will occupy 3,000 square feet. of the accessory structure. By definition, a home occupation is one conducted within dwelling and/or a "residential" accessory structure. Furthermore, for.a home occupation to be approved, the accessory structure shall be accessory to the residence.5 Staff expressed the view that the structure and the business, if approved, would not be incidental and subordinate to the residential use, citing to several previous decisions of the Deschutes County Hearings Officer (see file nos. V-01-11 and V-08-0) that found certain structures or uses not to be "incidental and subordinate" to the principal use of property. Staff concluded that the accessory structure, in the present matter was not a residential accessory structure because it carried an assigned occupancy code on the building permit that is exclusively used for commercial buildings, because the accessory structure was established with the intent of using it for a business, and apparently also because of the relatively large size of the accessory structure. While each of these factors is perhaps indicative of whether a use or structure is an "accessory use or accessory structure,".. none of them, individually or collectively, are controlling. This is particularly the case where there is no statutory definition of the key term 5 The Deschutes County Code, Section 18.04.030, defines "Accessory use or accessory structure" as follows: 'Accessory use or accessory structure" means a use or structure incidental and subordinate to the main use of the property, and located on the same lot as the main use.... CU-08-11 (Vander Zanden) Hearings Off'icer's Decision Page 6 of 30 "incidental and subordinate," and where there are quantifiable criteria elsewhere.in the county code, notably a square footage ratio, that implicitly address this matter.6 I find that the present matter is distinguishable from prior cases where the Hearings Officer determined that the accessory structure was riot "incidental and subordinate" to .the residential use. In Edwards (V-01=11), the applicant was requesting approval of variances to make lawful an existing accessory structure previously constructed without land use approvals. The accessory structure was located only 10-15 ' feet from property lines. Abutting lots were all developed with dwellings and the accessory structure was located a mere 20 feet from a dwelling on one of those adjacent properties. The subject parcel was less than an acre in size, and the building that was the subject of the variance was approximately 36 feet by 60 feet (2,160 square feet) in size and approximately 29. feet in height, with metal siding and. a metal roof. The Hearings Officer acknowledged that the use of the accessory structure was residential, but determined that the structure itself was not "incidental and subordinate" to the residential use of the property on the basis that the size and scale of the.accessory structure, a pole barn, was "not consistent" with other structures in the area. In reaching that conclusion, the Hearings Officer referred to the "massive size and scale' of the building noting that it "dominates the subject property and surrounding area." . The Hearings officer specifically pointed out that the pole barn was considerably larger than other structures on the subject property, and "at least twice the size of the next largest structure in the area." In the present case, the proposed structure is. large, but not dissimilar in size or design from other strictures in the general area. Moreover, it is located on a much larger parcel (approximately 20 acres) and is a considerable distance from. any dwelling on adjacent properties. Thus,. it does not dominate the subject property or surrounding area based on its size and scale. In Acuna (CU-06-15), the. applicant sought a conditional use. approval for a home occupation on a 9.98 acre parcel to make legal .an existing insulation business that involved a home office, storage of insulation materials in a separate structure (shed), employee parking and parking for loading and unloading business trucks on the property. The Hearings Officer concluded that the shed was not a"residential accessory structure" as required to meet the requirements of a "home occupation:. on two grounds: (1) a written statement in the county building records for the previously approved shop building signed by the. applicant indicated that the building "will not be used for any residential purpose or for any commercial purpose" and (2) because. the Hearings Officer determined that the shed could not be considered a "residential. accessory structure" merely because it is located on a parcel on which the applicant resides, where the entire accessory structure was devoted to storage of insulation materials in connection with the The Hearings Officer also notes that the ' Statement of Intended Use accompanying the applicant's building permit application for the accessory structure clearly indicates that a significant portion of the accessory structure was to be used for storage of personal property, with the balance to be used for the home occupation of cabinet manufacturing. Moreover, the Building Permit Checklist prepared by staff contains a specific note stating that the "shop shall only be used for residential purposes," unless the applicant obtained a conditional use for a home occupation. These materials are consistent with a determination that the accessory structure is a "residential" accessory structure. CU-08-11 (Vander Zanden) Hearings Officer's Decision Page 7 of 30 applicant's insulation business. In the present case, a significant portion of the accessory structure, more than 2,000 square feet, is to be devoted to personal storage space for the applicant, which clearly bears a relationship to the property's residential use. Finally, in Kulin (V-08-1), the applicant requested approval of a variance from home occupation . standards for a five-acre EFU zoned parcel. to increase the number of employees (from 2 to 5) and the amount of usable building space devoted to their existing business. In that case 6,460 square feet of floor area was occupied by the applicant's existing business, which was far in excess of the 2,925 square feet of floor area in the. applicant's dwelling and the residential garage portion of a barn/shop building. It is also obviously greater than the 35% floor coverage allowed for atype 3 home occupation. Given the size and scope of the business, the Hearings Officer found that it was also not "secondary to the residential use of the dwelling and/or the residential accessory structure," and therefore not a "home occupation," thus requiring the applicant to proceed with a variance. In the present case, less than half as much square footage (3,000) is to be devoted to the applicant's cabinet-building business while the amount of clearly residential square footage is also significantly greater. Perhaps most importantly, the total floor coverage requested for the conditional use in the present application is less than the 35% floor coverage allowed for a Type 3 home occupation.7 Based on the foregoing facts and analysis, I find that the accessory structure within which the home occupation will be carried out is a "residential" accessory structure and that the proposed use is "incidental and subordinate" to the main use of the property-. This criterion is met. B. CHAPTER 18.16. EXCLUSIVE FARM USE ZONE 4. Section 18.16.030. Conditional Uses Permitted -High Value and Nonhiah Value Farmland. The following uses may be allowed in the Exclusive Farm Use zones on either high value farmland or nonhigh value farmland subject to applicable provisions of the Comprehensive Plan, DCC 18.16.040 and -18.16.050, and other applicable sections of DCC Title 18. N. Type 2 or 3 Home Occupation, subject to DCC 18.116.280. Home occupations are not allowed in structures accessory to resource use.. The home occupation shall not unreasonably interfere with other uses permitted in the EFU zone. FINDING: The applicant proposes to establish a home occupation on the subject property consisting of a cabinet manufacturing business. The property is 7 I also note that the comparable criteria for a Type 2 home occupation. includes a similarly worded, but lo`v:er, floor coverage ratio (25%O) than is found : the Type 2 category. Interestirigiy, howe- er, it also includes a specific overall maximum limit on square footage (1500 square feet) that is noticeably absent from the Type 3 criteria. See DCC 18.116.280(B)(2). If the County wished to more strictly control the absolute size of a Type 3 home occupation, it could have done so by adopting a specific overall maximum limit on square footage, or a variety of other measurable, restrictive mechanisms. CU-08-11 (Vander Zanden) Hearings Officer's Decision . Page 8 of 30' nonhighvalue farmland, but this portion of the criterion is not applicable, since Type 3 home occupations are allowed in either high value farmland or nonhigh value farmland in the EFU. zone. The business will be conducted entirely in the existing detached shop building. The shop building is not a structure accessory to resource. use. Based on the proposal, staff indicated in its staff report that the home occupation will be clustered in and around existing residential and farm-related structures thus not interfering with other permitted uses that may occur on the EFU zoned parcel itself. The issue, however, is.whether it would "unreasonably interfere" with other uses permitted in the EFU Zone. The surrounding properties are either rural residential in nature and small and medium sized farming operations. The applicant indicates the home occupation will occur entirely within the accessory structure and believes it will not interfere with other permitted used in the surrounding EFU-zoned properties. Furthermore, the applicant states there will be "no noise, dust, light pollutions, or such interferences" related to the business that would impact surrounding. properties. However, submitted comments from surrounding property owners and testimony offered by opponents at the public hearing raise concerns about -environmental impacts (particularly noise and air pollution), and traffic impacts, among other issues that could unreasonably interfere with other uses permitted in the EFU zone. The staff report notes concerns expressed by surrounding property owners, but does-not take a position on this matter. To the extent these arguments are relevant they are addressed below.9 During the open record period, the applicant submitted specific additional information from the manufacturer about sound transmission tests for the kind of concrete wall system used in the structure The applicant asserts that the worst :case scenario for the interior decibel level of the wood shop is 102 to 103 decibels and that the concrete wall system will reduce noise on the other side of the wall by 48 to 65 decibels, putting the net decibel range between 37 to 54 decibels on the other side of a wall.10 The applicant also provided supplemental information on audibility of loud As stated previously, I regard the, shop building as a separate structure although it . is immediately adjacent to. (and shares a common. roofline with) a machine shop/barn that the applicant indicates continues to be in resource (agricultural) use, According to the staff report, the County Assessor's records indicate the property is under special assessment for farm use for 18.98 acres, which includes approximately 10.5 acres of water rights (irrigated pasture located in the northern and northeastern portion of the property). Based on a staff site visit, photos, and the County records the subject property, appears to be in some sort of farm use. 9 In addition to environmental issues, opponents expressed concerns about increased traffic,' access, aesthetic qualities, the impact on surrounding property values, and the precedential effect of approving this application. Except for the matter of access, opponents generally did not provide evidence in support of those concerns. Moreover, those concerns are not germane to the particular criterion at issue here. To the extent those concerns are relevant to other criteria on which the Hearings Officer must make a decision, they are addressed elsewhere in this decision. . io This conclusion is based in part upon an OSHA analysis of interior noise in a wood shop with approximately 12 employees (applicant's Exhibit 4 accompanying Response to Deschutes County Planning Division Staff Report submitted June 24, 2008), CU-08-11 (Vander Zanden). Hearings Officer's Decision Page 9 of 30 speech on the opposite side of the concrete wall system," the level of community noise generally deemed seriously or moderately annoying at different times of the day (day or night) and a different locations (bedroom, patio), 12 and the "sound power level" in decibels associated with various activities, including awoodworking shop. See generally applicant's Exhibits 3 through. 10 accompanying Response to Deschutes County Planning Division Staff Report submitted June 24, 2008. During the open record period one opponent provided additional documentation and arguments concerning noise levels generated by the proposed home occupation. The opponent argued that the laboratory-based sound lowering projections used by the applicant are "a poor guideline for construction to contain mechanical equipment noise. The opponent argued and provided documentation. supporting the view that sound transmission through a wood-framed ceiling, windows and doors, such as found in the subject shop, would likely be greater than for a solid concrete wall measured alone. The opponents did not submit any specific evidence on how much. greater the noise level would be.. However-, it is acknowledged that the nearest residences are more than 400 feet away from the shop building; while others, including residences of opponents are considerably further away. The applicant asserts, and I concur, that distance will have the effect of reducing' any effect from noise generated by the proposed home business on surrounding properties. Based on the. foregoing, I find that the home occupation can be conditioned so that it will not unreasonably interfere with other uses. Conditions of approval will be imposed with regard to days/hours of operation and noise/sound pressure levels. First, a condition will be imposed allowing the applicant to. operate that business only Monday-Friday (7:00 a.m..to 5:00 p.m.) plus no more than two Saturdays per month (9 a.m. to 3 p.m.) Second, a condition will be imposed requiring the applicant at all times (a) to keep the noise level of his home occupation operation below 50 decibels at all points beyond the exterior wall of the accessory structure where the business is operated, (b) to also keep the sound pressure level below 50 dB LAeq at all points beyond the exterior wall of the accessory structure where the business is operated, and (c) upon any request of the Deschutes County Planning Division to have the actual noise level and sound pressure levels monitored and evaluated under actual full operating conditions by an independent contractor acceptable.-to the. Deschutes II Manufacturer-provided information indicated that the sound transmission quality for loud speech on the opposite side of a wall with an SCT (Sound Transmission Class) rating of 50) would be either "inaudible" or "faintly heard." The applicant's. wall system apparently carries an . SCT rating of 55, and thus "loud speech" should be even less audible in that situation. Iz According to a World Health Organization study (applicant's Exhibit 7 accompanying Response to Descliiii2S County P1aru,I~~g DIVIs10 Staff Report submitted June 24, 2008): to protect the majori ty of people from being seriously annoyed during the daytime, the sound pressure level from steady, continuous noise on balconies, terraces, and in outdoor living areas should not exceed 55 dB LAeq. To protect the majority of people from being moderately annoyed during the daytime, the sound pressure level should not exceed 50 dB LAeq. At nighttime outdoors, sound pressure levels should not exceed 45 dB LAeq..." CU=08-11 (Vander Zanden) Hearings Officer's Decision Page 10 of 30 County Planning Division and paid forat the sole expense of the applicant. As conditioned, this criterion is satisfied. 2. Section 18.16.040. Limitations on Conditional Uses. A. Conditional uses permitted by DCC 18.16.030(F) through (BB) may be established subject to applicable provisions in DCC 18.128 and upon a finding by the Planning Director or Hearings Body that the proposed use: 1. Will not force. a significant change in accepted farm or forest practices as defined . in DRS 215.203(2)(c) on adjacent lands devoted to faun or forest uses; and 2. Will not significantly increase the cost of accepted farm or forest practices on surrounding lands devoted to farm or forest use, and 3. That the actual site on which the use is to be located is the least suitable for the production of farm crops or livestock. FINDING: The subject property is located in an area consisting of rural residential .properties and small and medium scale farm uses. Farm zoned parcels of varying sizes (ranging from four to over 50 acres) lie to the north, south, west, and southeast of the subject property. East and northeast of the property there are residentially zoned subdivisions including of Nine View Estates, Chaparral Estates and Thompson Estates. (unrecorded subdivision) in which properties range in size from '1.3 to 10 acres. In addition, west and northwest, across SW McVey Avenue, are farm-zoned parcels and the Deschutes River. Beyond the river are large BLM parcels. The farming in the area appears to be generally irrigated pasture, livestock grazing, and grass hay. There are no forest uses in the area, as the only trees in the area are juniper trees, which have no commercial timber value. As proposed, the business trips are minimal, 3 to 5 trips per day and the business operation will be entirely within the accessory structure. In a previous finding, I determined that the home occupation . would . not "unreasonably interfere" with other uses permitted in the EFU zone. However, the question here is narrower: whether the proposed cabinet manufacturing business will force any significant change in, or significantly increase the cost of, accepted farm practices in the area.. 13 I find that it will not. The accessory structure where the business will be conducted,, is located approximately 140 feet south of the nearest neighboring property and small-scale farm use (tax map and lot 16-12-02C-100). County records indicate the closest [medium-sized] farm use to the proposed use is approximately 290 feet away (as measured from the detached shop) on tax lot 600 to the west. The subject property contains approximately 10.75 acres of water rights through Swalley Irrigation 'District. The dwelling and other structures, including ,the shop,. appear to be located in. an area that does not contain water rights. The property has 13 The concerns expressed by neighbors about issues such as noise, ambiance, traffic and similar matters relate primarily or exclusively to the perceived impact of the proposed conditional use on surrounding residential uses. No specific harms were identified that would force a significant change in forestry or farming practices or significantly increase the cost of forestry or farming practices. CU-08-11 (Vander Zanden)_ Hearings Officer's Decision Page 11 of 30 two mapped soil units on it. The two soil units are 138A, Stukel sandy loam (0-3% slopes) and 141C, Stukel-.Deschutes-Rock Outcrop complex (0-15% slopes). Approximately 54% of the property is comprised of Unit 138A and 46% is 141C. The majority of the existing structures are located at the boundary of the two soils. The dwelling appears. to be sited on a dry, unirrigated area of soil unit 138A. The two barns and the detached shop are in the same area but appear to be located in soil. unit 141C. According to the Natural Resources Conservation Service (MRCS), the major uses of these soils are livestock grazing and are not considered high value farmland when irrigated. Based on this information, staff concluded that the detached shop intended for the home occupation appears to be located in one of the least suitable areas for farm use of the property. I concur in that conclusion. Moreover, the Hearings Officer notes that the shop is an approved, existing structure. As such, I find the site where it_ is actually located is the least suitable area for the production of . farm crops or livestock. Based on. all of the foregoing, this criterion is satisfied. 3. Section 18.16.070. Yard and Setback Requirements. FINDING: The applicant is proposing no new structures for the site. Therefore, these criteria are not applicable. C. CHAPTER.18.32. MULTIPLE USE AGRICULTURAL ZONE 1. Section 18.32.030. Conditional Uses Permitted. L. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. FINDING: The subject property is zoned both EFU and MUA10. The western portion of the property is zoned EFU and includes existing development. The eastern portion is zoned MUA10. The proposed home occupation will utilize 3,000 square feet in the existing 5,040 square foot shop that is located in the EFU-zoned portion of the property. Therefore, the MUA10 standards are not applicable. D. CHAPTER 18.116. SUPPLEMENTARY PROVISIONS 1. Section 18.116.280. Home Occupations. E. Type 3. Type 3 home occupations may be allowed as conditional uses with an approved conditional use permit. Such uses are subject to the standards of the zone in which the home occupation will be established, in DCC Section 18.128.015, and the following limitations. A Type 3 home occupation: 1. Is conducted from a property that is at least one-half (112) acre in size. FINDING: The subject property is 20-acres in size. This criterion is satisfied. CU-08-11 (Vander Zanden) Hearings Officer's Decision Page 12 of 30 2. Is conducted in such a way that it is compatible with the residential character, or in resource zones, resource-oriented character of its location. FINDING: The subject property is zoned both EFU and MUA10.: The proposed home occupation will utilize the 3,000 square feet of an existing 5,040 square foot shop that is located in the EFU-zoned (resource zone) portion of the. property. The home occupation consists of having a cabinet manufacturing business on-site and will include the usage of table saws, air compressors, a spray booth, shapers, planers, and miscellaneous power tools, to name a few. In addition, there will be the use of a forklift for unloading supplies from a delivery truck. The applicant indicate's the structure is "an-insulated concrete form building" that will reduce noise and vibration that would typically exceed those levels normally created by a residential use. The proposed home occupation will include a dust collection system and the paint booth will have a filter system in the structure. The applicant submitted information showing that it will utilize approximately 3,000 pounds of low VOC (volatile organic contaminants) annually and that its lacquer is H.A.P.S. (hazardous air pollutants free). The applicant indicates that lights and other forms of glare and vibrations. will not be included thus minimizing the impact the surrounding area. Neighbor comments do express concern .regarding environmental issues such as noise, odor, and dust. The applicant believes that in the farm zone, 'associated uses.generate dust (i.e. plowing of fields) and if dust were to escape from the building it would be consistent to those uses. I concur in that analysis. In a previous finding, I concluded that.the home occupation proposed here, as conditioned, would not unreasonably interfere with other uses permitted in the EFU zone, including residential uses. That analysis is incorporated here by reference. Based upon the foregoing, and as proposed. to be conditioned elsewhere in this Decision, I find that the proposed conditional use is compatible with both the residential character and the resource-oriented character of its location. This criterion is satisfied. 3. Is conducted within a dwelling andlor an accessory structure. by residents of the dwelling and no more than two (2) employees who report to the property for work. May have a maximum of five (5) employees at. the home occupation located on property in an EFU, MUAIO, or BRIO zone and that is at least 10 acres in size. FINDING: The submitted burden of proof statement indicates the entire operation of the business will be carried on within the existing shop building. No business operations will occur in the dwelling. The subject property is 20 acres in size. The business will be operated by the resident of the dwelling and will include two employees. However, because the County standards allow up to five employees, the applicant has asked for the ability to have an additional three (3) employees if necessary in the future development of the business.. Staff expressed the view that this criterion is met. However, I find that although the applicant requested the ability' to have up to three additional employees,. the applicant did not meet its burden of CU-08-11. (Vander Zanden) Hearings Officer's Decision Page 13 of 30 proof with regard to this request. The materials submitted on behalf of the applicant appear to speak solely to the operation of a business by the resident and two employees. For example, the application and burden of proof simply do not address the number of greater vehicle trips to be generated (employees, deliveries, customers), the adequacy of parking for employees and customers, or the potentially greater impact of a more sustained level of noise on surrounding land use that would likely result from. the increased intensity of activity that presumably would result from having more employees. However, the Hearings Officer finds that this condition can be satisfied by imposition of a condition of approval limiting the home. occupation to no more than two employees. Therefore, as a condition of approval, the Hearings Officer will require the operation to be limited to no more than two employees. 14 As proposed to be conditioned, this criterion is satisfied. 4. May include employees or contractors that work off site. FINDING: The applicant indicates the proposed home occupation will not include employees or contractors that work off site. This criterion is satisfied. 5. Does not occupy more than 35 percent of the combined floor area of the dwelling, including an attached garage and one (I) accessory structure. FINDING: The combined square footage of the dwelling (with attached garage) and the accessory structure (shop) is 9,198 square feet. The applicant proposes to use 3,000 in the accessory structure for the operation of the home occupation. No portion of the residence will be utilized for the home occupation. 35 percent of the combined floor area is 3,219 square feet. The applicant proposes to use only 32.6 percent of the combined floor area. This criterion is satisfied. 6. May include on-site sales of products associated with the home occupation that are incidental and subordinate to the home occupation. FINDING: The proposed home occupation is for a cabinet manufacturing business. The submitted supplemental burden of proof states that the applicant does not anticipate customers on-site. However, if there is a customer, the applicant estimates one per week, on average. This criterion is satisfied. 7. Creates no more than twenty (20) business-related vehicle trips to the site per day by employees, customers or clients, including parcel delivery services. la In the alternative, I will require this condition of approval in connection with the criterion of Section 18.16.030 requiring that the proposed use not "unreasonably interfere" with other uses allowed in the zone. I believe the condition of approval is also applicable there because whether the conditional use "unreasonably interferes" with other uses depends in part upon the intensity of use. CU-08-11 (Vander Zanden) Hearings Officer's Decision Page 14 of 30 FINDING: The applicant . indicates the home occupation will generate 3 to 5 business-related vehicle trips to the site. These trips include two employees reporting to the property for work and the. potential one customer per week. The applicant indicates one delivery van delivering cabinet manufacturing accessories will be once. per day. Another van will deliver-wood once per week. Based on this information, the proposal meets the limit of 20 business-related trips per day established above based upon an operation that employs no more than two employees.-The applicant does not address. the impact of additional requested employees upon vehicle trips, and the Hearings Officer reaches no decision with regard. to that matter. The Hearings Officer acknowledges concerns about increased vehicular traffic expressed by some neighbors. The impact of increased traffic is addressed indirectly by the requirement above. is 8. Has adequate access and on-site parking for not more than five (5) customer, . employee, or delivery vehicles at any given time. .FINDING: The submitted site plan illustrates three parking spaces on-site. One space designated as employee parking is located adjacent to the driveway, the neighboring property (tax lot 100) to the north, and to septic tank area. This area is located north of the dwelling. The customer parking space is located in between the dwelling and the accessory structure. The applicant indicates there will be one 18- foot enclosed utility trailer related to the business. Trailer parking is designated behind (south) of the existing machine shop/barn portion of the structure. These parking spaces allows for the loading/unloading area in front of the building to remain open. Although the applicant has not indicated as such, it appears to staff that there may be ample room for two or three more vehicles in front of, north, the accessory structure and next to the existing corral fencing. Access to the site it taken from SW McVey Avenue in the northwest corner of the. property. However, the subject property does not front on the road right-of-way. The property owners, Mark and Peggy Corbet, of tax lot 600 submitted comments expressing concern about the applicant's right to use this access point, as well as concerns about increased traffic volume, maintenance of the driveway, and impacts on the storm water drainage culvert under the driveway. The impact of increased traffic has been addressed in a finding above. Issues of maintenance are matters of private contract rights and responsibilities and, most importantly.are not encompassed 'by the criterion at issue here. This leaves only the question of adequate access. The applicant claims access to the site is provided by an easement that crosses neighboring tax lot 600 (tax map 16-12-02C). However, materials submitted by the applicant in.. support of a recorded easement across tax lot 600 do not in my view clearly establish the existence of such an easement. The Hearings Officer notes that 15 There are other approval criteria to which increased traffic might apply. However, no substantial evidence has been submitted indicating that increased traffic due to the home occupation at issue here would rise to a sufficient level to either "unreasonably interfere with other uses permitted in the EFU zone" or create an incompatibility with the residential character or resource-oriented character of its location, two other criteria to which increased traffic might be relevant. CU-08-11 (Vander Zanden) Hearings Officer's Decision Page 15 of 30 the relevant code provision utilizes the term "adequate access" not "legal access." Indeed, the context of the criterion could simply refer to physical adequacy, both as to access and parking. Although I am not prepared to conclude that legal access is always required in order to have "adequate access," I am unwilling to construe this provision as referring only to the physical adequacy of access. When a reasonable question is raised about the legality of access, by a property owner whose property is being used to access another parcel, I find that "adequate access" requires evidence of legal access. The comments submitted by the owners of tax lot 600, Mark and Peggy Corbet, question the applicant's legal rights to access his property across tax lot 600, although the. property owners stop short of asserting that. the applicant has no right to do so. Based upon all of the factors above, I find that the applicant has not met his burden of proof with regard to having adequate access because a reasonable question about access has been raised and the applicant has not provided clear and unambiguous evidence in rebuttal. 16 However, I also find that this criterion can be satisfied by imposition of a condition of approval requiring the applicant to provide appropriate documentation of access prior to commencement of the conditional use. Such a condition will be imposed. As conditioned, this criterion is satisfied. 9. Is limited to the hours and days of operation proposed by an applicant and approved with a conditional use permit. FINDING: The submitted application states that the proposed business will operate 5-6 days per week from 7:00 a.m. to 5:00 p.m. The applicant's burden of proof statement indicates the proposed hours of operation will be Monday through Saturday from 7:00 a.m. to 5:00 p.m. However, in a previous finding, ' as a condition 'of approval, I required the. business to operate only Monday-Friday (7 a.m; to 5 p.m.), plus no more than two Saturday per month on a shortened schedule (9 a.m. to 3 p.m.). This condition was established in order to ensure that the conditional use did not unreasonably interfere with other uses in the EFU zone. I find that the home' occupation is limited to the days and hours of operation as. conditioned above: As conditioned, this criterion is satisfied. I0. Does not involve any external changes to the dwelling or accessory structure in which the home occupation will be established that. would give the dwelling an outward appearance of a business. FINDING: The proposed home occupation will be conducted entirely in an existing accessory building. The applicant's burden of proof, prepared over the signature of the applicant's attorney, states that "the proposal does not involve any 'external chances to the dwelling or accesso. structures for which the home n~nnnoti n v=.11 "c b .1 as at ratta~iaa Ili t 16 The applicant asserts that the proper venue in which to resolve a challenge to access is in the Circuit Court of Oregon. I concur in that analysis, but the question here is the impact of the existing uncertainty on the requirement to have "adequate access" over tax lot 600. CU-08-11 (Vander Zanden) Hearings Officer's Decision Page 16 of 30 be established." There, is potentially conflicting evidence on this point. The previously submitted Supplemental Application for Type 2 and Type 3 Home Occupation Conditional Use Permit, apparently prepared by the applicant, contains a brief and possibly conflicting notation under "proposed construction" as follows: "See elevation-vent for paint booth." The elevation documents show a sketched-in addition -of a 24" spiral vent for a paint booth. It is unclear from the record when the vent was added, or even whether it was added before or after the submission of the conditional use application, as a modification of the 2007 building permit for the shop. 17 Written testimony submitted at the public hearing by Douglas Schulz, a neighbor of the applicant, mentioned that only after notice of the Conditional Use Permit .was received did they begin to "understand the placement of what appeared to be a large commercial-sized exhaust stack on the east roof matching what would be required in a high production commercial woodworking shop.'. Prior to that time, Mr. Schulz indicated that he and his wife thought the two story building might be a . milk parlor or a horse boarding and breeding barn. County staff noted that the shop was designed to match the existing on-site development.. Even if the exhaust stack was constructed after the. conditional use application was submitted, which seems likely, I find that this single modification is simply not an external change that gives the structure an outward appearance of a business. Indeed, as noted above, after-the exhaust stack was constructed,'but prior to the time Mr. Schulz became aware of the proposed home occupation, his written . testimony (Hearing Exhibit E) indicated he and his wife thought the two-story building might be a milk parlor or a horse boarding and breeding barn. According to the Building Safety Division, approval of the business in the shop requires the occupancy.. designation of the shop building- to be changed due to the change in usage. (residential to commercial).. Staff recommended it be made a condition of any approval that the applicant be required to contact the Deschutes County Building Safety Division and obtain a change of occupancy permit. The applicant has agreed that it can be made a condition of approval to comply with environmental health division, building safety division, and state and federal laws. Based on the foregoing, I will impose a condition of approval requiri ng the applicant to obtain a change of occupancy permit from the. Deschutes County Building Safety Division and to comply with. environmental health division. and building safety division requirements, and state and federal laws. As conditioned, this criterion is satisfied. 11. Does not produce prolonged odor, dust, glare, flashing lights, noise smoke, or vibrations in excess of that created by normal residential use. n The elevation drawings bear a date of production of June 2007, and a stamp indicating that they were scanned into the record for the present conditional use in February 2008. 18 My review of. multiple photographs of the shop structure submitted into the record show. only one photograph where the exhaust stack is readily visible. In that photo the exhaust stack.is partly obscured by other structures and objects in the foreground. CU-08-11 (VanderZanden) Hearings Officer's Decision Page 17 of 30 FINDING: The home occupation consists of having a cabinet manufacturing business on-site. The business will include the usage of table saws, air compressors, a spray booth, shapers, planers, and miscellaneous power tools, to name a few. It will include the use of hardwood lumber, veneers, wood stains, and lacquers. In addition, there will be the use of a forklift for unloading supplies from a delivery truck. The applicant's burden of proof statement indicates the structure in which the business will operate out of is "an insulated concrete form building that will reduce any noise or vibrations in excess of that created by normal residential use." The applicant subsequently submitted detailed information into the record, including test results, supporting this argument. Opponents submitted arguments and information into the record in opposition. Those materials were analyzed in a previous finding in connection with unreasonable interference with other uses in the EFU zone. In that finding I established a condition of approval requiring the applicant to keep the noise level of his operation below 50 decibels and the sound pressure level of his operation below 50 dB LAeq at all points beyond the exterior wall of the accessory structure where the business is operated. That. finding and condition of approval is 'incorporated here by reference. I also find that noise levels below 50 decibels and sound pressure levels below 50 dB LAeq at the exterior wall of the point of origin would not be in excess of that created by normal residential use. The applicant indicated that there is a dust collection ventilation system in the structure and a ventilation system to control V.O.C. emissions generated by the use. The applicant submitted supporting documentation to show that the use of V.O.C. materials in the. home occupation was classified by'.the DEQ as de minimus. The applicant's burden of proof states that there are "no lights or signs proposed or other types of glare or vibrations that would be created by the business." Although some comments and/or testimony submitted by neighbors expressed general concerns regarding odors and dust, I find that no specific evidence was provided to rebut the applicant with regard to these matters. Based on all of the foregoing, and. as proposed to be conditioned with regard to noise, I find that the proposed home occupation will not produce prolonged odor, dust, glare, flashing lights, noise, smoke, or vibrations in excess of that created by normal residential use. As conditioned above and.elsewhere in this decision with regard to noise,. this condition is satisfied. 12. Complies with all requirements of the Deschutes County Building Safety Division and the Environmental Health Division and any other applicable state or federal laws.. Compliance with the requirements of the Deschutes County Building Safety - Division shall include meeting all building occupancy classification requirements of the state-adopted building code. FINDING: This proposal is for a cabinetry manufacturing operation to be located in an existing shop structure. Staff recommended the applicant comply with all applicable requirements of the Deschutes County Building Division as well as all applicable state and federal laws. The applicant agreed to comply with state and CU-08-11 (Vander Zanden) Hearings Officer's Decision Page 18 of 30 county building safety requirements and indicated in its burden of proof that this could be made a condition of approval. According to the Building Safety Division, approval of the business in the shop requires the occupancy designation of the shop building to be changed due to the change in usage (residential to commercial). Staff specifically recommended it be made a condition of any approval that the applicant be required to contact the Deschutes County Building Safety Division and obtain a change of occupancy permit. The applicant has agreed that this can be made a condition of approval. Based on the foregoing, I find this criterion can be satisfied by imposing conditions of approval requiring the applicant to obtain a change of occupancy permit from the Deschutes County Building Safety Division and to comply with all environmental health division and building safety division requirements, and other applicable state and federal laws. As conditioned above, this criterion is satisfied. 13.. May have one (1) sign, ground-mounted or wall-mounted, as. defined in DCC Chapter 15. 08, that is no more than three (3) square feet in area, non-illuminated. The ground-mounted sign and support structure shall not exceed .6 feet in height and is located on the property from which home occupation will operate, Such signs do not require a sign permit under DCC Chapter 15.08, Signs. FINDING: No signs are proposed with this home occupation proposal; therefore, staff believes this criterion is not applicable. The Hearings Officer concurs in that analysis as regards the present proposal, but will impose a condition of approval that any sign that may be erected in the future must comply with the requirements above. 14. May include outside storage of equipment and materials on parcels approved for a home occupation, not to be included in the 35 percent of combined floor area. FINDING: The applicant does not propose outside, storage of materials. However, the applicant does have a pickup truck and trailer. The trailer is a Wells Cargo style enclosed trailer and is 18-feet in length. The submitted site plan illustrates the trailer will be parked behind.(south) the-accessory structure.and will not be visible from SW McVey Avenue. The supplemental burden of proof statement indicates the truck will also be out of view of SW McVey Avenue. In connection with a foregoing finding, staff expressed the view that this designated parking area will also be screened from neighboring properties. This criterion is satisfied. 15. Allows for servicing, inspecting, loading, and or dispatching vehicles and equipment. incidental to the home occupation and stored within the buffered and screened outside area. FINDING: As indicated in the previous finding, the pickup truck and trailer will be stored out of view of SW McVey Avenue. No other outside storage of materials is proposed. In addition, the applicant indicates that any outside activity, such as unloading and loading delivery trucks, are expected to be minimal.. Based on a site CU-08-11 (VanderZanden) Hearings Officer's Decision Page 19 of 30 visit, staff 'expressed the _ view that existing vegetation, corral fencing, and the dwelling will screen the loading and .unloading area slightly but the area remains exposed. Coupled with the large structure, as discussed in a previous finding, staff further expressed the view that the visual impact of .the loading and unloading area may present an outward appearance of a business on the property. I concur in that . analysis and will impose a condition of approval requiring. additional screening and buffering of the .loading and unloading area. The applicant presented evidence showing that only one daily delivery of accessories in expected and one weekly delivery of wood materials. The applicant in its supplemental materials submitted during the period the record was kept open, emphasized that the mere loading and unloading of vehicles does not create a structural alteration affecting the appearance of the buildings onsite, and is permitted by the Code. While I agree that loading and unloading does not create a structural alteration of the buildings, t9 that analysis is misplaced because the subsection at issue here specifically requires the "outside area" to be "buffered and screened," I conclude that the implied purpose of such buffering and screening is the same as the express purpose in Section 18.116.280(E)(10), i.e., to prevent creating "an outward appearance of a business." The issue is the adequacy of screening and buffering. I find that the loading and unloading area remains exposed, and that existing screening and distance are insufficient to ensure compliance with this standard. Therefore, I will impose a condition of approval requiring additional screening and buffering of the loading and unloading area. 16. Requires review of the home occupation approval every 12 months by the planning division to ensure compliance with the requirements of this section and the conditions required for approval of the use. FINDING: The requirement for an annual inspection is completed by the Planning Division. Staff recommended this be made a condition of, any approval and the hearing officer concurs in that recommendation. A condition of approval will be imposed requiring an annual inspection. 17. Conducts all home occupation activities within one or more structures on the . property that are of a type normally associated with the zone where it is located. FINDING: The home occupation is a cabinet manufacturing business that will occupy 3,000 square feet in a detached shop (the entire first floor of the structure) already located on the subject property. The property where the shop and residence are located is zoned EFU. The main use of the property is for residential and agricultural purposes. In prior findings, I concluded that the shop is a residential accessory structure in connection with the residence. That finding is incorporated here. As such it is a type of structure normally associated.with the EFU zone where it 19 Th±s is apparently a reference to Section 18.116 280(Ediscussed above. That subsection reads as follows: "10. Does not involve any external changes to the dwelling or accessory structure in which the home occupation will be established that would give the dwelling an outward .appearance of a business." CU-08-11 (Vander Zanden) Hearings Officer's Decision Page 20 of 30 is located. Although this criterion does not speak directly to the physical appearance of . the structure, it is worth noting that physical appearance of the shop building resembles a large horse bam or enclosed arena and was designed to be compatible with existing structures on the property. Horse barns and similar buildings are. commonly found in the EFU zone. In this sense too the home occupation -is also carried out in a structure that is commonly found in the zone where it is located. This criterion is satisfied. 18. Locates all employee, customer and delivery vehicle parking spaces on-site and outside of the required zone setbacks. FINDING: The proposed parking areas are located, on-site. However, the employee parking proposed by the applicant is located along a north property boundary (between driveway and boundary) and inside the required 25-foot setback required in the EFU zone. Staff recommended that the applicant designate alternative parking areas for the employee parking site, keeping in mind parking for customers and delivery .vehicles as discussed in a' previous finding. In supplemental materials submitted on June 24, 2008, the applicant indicated that. there is ample alternative space on the parcel, including around existing structures-, to locate such parking and that the applicant would adhere to EFU setbacks. Adherence to EFU setbacks will be required 'as a condition of approval. As conditioned, this criterion is satisfied. 19. Parks all vehicles used by the operator to conduct the home occupation that have a gross vehicle weight of 15,000 or more pounds in a garage, an accessory structure, or within. a screened area according to the requirements of DCC 18.116.280(E)(21)(a) through (e). FINDING: According to the supplemental application for Type 2 and Type 3 Home Occupation Conditional Use Permit submitted by the applicant, the pickup truck and trailer used for the business and stored on-site are less than 15,000 pounds of gross vehicle weight. This criterion is not applicable. 20. No structural alteration affecting the residential appearance of a building shall be allowed to accommodate the home occupation except when otherwise required by law, and then only after the plans for such alterations have been reviewed and approved by the Deschutes County Planning Division. FINDING: The proposed home occupation will occur in an existing accessory structure. In the staff report, staff analyzed this provision based on treating the shop as an "addition" to the existing machine shop. At the hearing, the -applicant testified that the older machine shop/barn and the new shop had separate load bearing walls located approximately 1" from each other, and were only connected through a common roofline. Based on that information and a subsequent recommendation by staff that the proposal should be reviewed using only the area of the new shop, I found that a shop and a machine shop/bam sharing only a common roofline, but with separate load bearing walls, were two separate structures. That finding is adopted here by reference. For purposes of the present criterion, the only relevant building is CU-08-11 (Vander Zanden) Hearings Officer's Decision. Page 21 of 30 the shop. The applicant has not proposed any "structural alteration affecting the residential appearance of a building," Therefore, I find that this criterion is either satisfied or not applicable. 21. Includes no outside storage unless the subject property is 10 or more acres in size and the storage is setback a minimum of 20 feet from all property lines, and is maintained to screen materials and equipment from residences on adjacent properties. The form of screening may include, but is not limited to: a. A sight-obscuring fence, as defined in DCC 18.04.030, b. Intervening tree cover. c. Topography. d. Existing buildings on site. e. Introduced landscape materials, including, but not limited to, trees and/or shrubs on an earthen berm. FINDING: The applicant does not propose outside storage of materials. However, as stated previously, the applicant does have a pickup truck and trailer. The applicant indicates the truck and trailer will be parked in an area not visible from SW McVey Avenue. Based on the submitted site plan, this designated parking area is at least 20 feet from. all property lines. Staff, based on a site visit expressed the view that this parking area is screened from neighboring residences on adjacent properties by existing vegetation, topography, existing development and fencing, I find this criterion is satisfied. E. CHAPTER 18.128. CONDITIONAL USE 1. Section 18.128.015. General Standards Governing Conditional Uses. Except for those conditional uses permitting individual single-family dwellings, conditional uses shall comply with the following standards in addition to the standards of the zone in which the conditional use is located and any other applicable standards of the chapter. A. The site under consideration shall be determined to be suitable for the proposed use based on the following factors: 1. Site, design and operating characteristics of the use, 2. Adequacy of transportation. access to the site; and 3. The natural and physical features of the site, including, but not limited to, general topography, natural hazards and natural resource values. FINDING: The - proposed use would be located in an area surrounded by rural residential and farm use properties of varying sizes. The proposed home occupation is a cabinet manufacturing business. The cabinet manufacturing business will use power saws and other power equipment. To the east and northeast of the property there are residentially zoned subdivisions including Nine Viev. Estates, Chaparral Estates and Thompson Estates (unrecorded subdivision). To the west is the Deschutes River and large BLM parcels. The subject property is approximately 20 acres and is an inverse "L" shape. A majority of the existing development is located in the northwestern portion of the property and includes a dwelling, two barns, a large CU-08-11 (Vander Zanden) Hearings Officer's Decision Page 22 of 30 accessory building (the shop), and irrigated pasture. The proposed home occupation will occur entirely within the 5,040 square foot shop building. The dwelling will not be used for the proposed home occupation. The accessory structure where the business will -be conducted is setback 128 feet and 148 feet, respectively from the northern and southern property boundaries and 262 feet and 950 feet, respectively, from the. western and eastern boundaries. The accessory structure is set back more than 400 feet from the nearest residence on any adjacent property. Access to the site is from an existing gravel driveway extending from SW McVey Avenue to the west. The driveway access crosses the neighboring property to the west, tax lot 600, as the subject property is land-locked with no.direct access to SW McVey Avenue. No changes are proposed regarding site access. However, the property: owners of tax lot 600 are concerned about the impacts on the driveway and raised questions about legal access across their property. The applicant has proposed employee parking next to the driveway, north of the house, and client parking in front of the accessory structure, and parking for company vehicles located on the south sides of the structure... There are no known natural hazards. Staff expressed the view that the site was not suitable for the proposed use based on adequacy of transportation access and site, design and operating characteristics: In a previous finding regarding access, I found that the applicant has not met his burden of proof with regard to having ".adequate access," but concluded that the criterion for reasonable access could be satisfied by imposition of a condition of approval .requiring the applicant to provide appropriate document of access. The issue raised here with regard to transportation access is the same and the.. previous finding with regard to adequate access, including the required condition of approval, is adopted here by reference. As conditioned, transportation access to the site is adequate. In a previous finding in this decision, I determined. that the home occupation would not, unreasonably interfere with other uses permitted in, the EFU zone if it was conditioned to reduce. noise. level and limit weekend hours of operation. Those conditions were imposed and are adopted here by reference. The subject parcel is relatively large and the specific site of the accessory structure is located-on land that is the least suitable for raising crops or livestock. As state above, the accessory structure is also located more than 400 feet. from the nearest residence on adjacent property. Based on all of the foregoing, I find, the site under consideration is suitable for the proposed used based upon the site, design and operating characteristics of the use. This criterion, as conditioned elsewhere in this decision, is satisfied. B. The proposed use shall be compatible with existing and projected uses on surrounding properties based on the factors. listed in DCC 18.128.01 S(A). FINDING: As indicated above, the site is located in an area surrounded by rural residential and farm use properties of varying sizes. To the east and northeast are . residentially zoned subdivisions including Nine View Estates, Chaparral Estates and Thompson Estates. To the west is the Deschutes River and large BLM parcels. I find CU-08-11(Vander Zanden) Hearings Officer's Decision Page 23 of 30 that the existing and projected uses on surrounding properties are agricultural and residential. The subject property is approximately 20 acres and developed with an existing dwelling, barns, a large accessory building, and irrigated pasture. The home occupation will be housed in a large accessory structure and is setback 128 feet and 148 feet, respectively, from the northern and. southern property boundaries. The building is setback 262 feet and 950 feet, respectively, from the western and eastern boundaries. The closest residences are each approximately 450 feet to the north and south. The next closest residence is about 875 feet and then all other residences are beyond 1200 feet. Neighboring private properties are developed .and undeveloped and are of greater distance to the subject property. There are farm uses of varying sizes adjacent to the property. Neighboring property owners expressed concern about impacts the. proposed business would have on the area and the potential to set a precedent with the conversion of resource and residential lands into commercial uses. Surrounding neighbors are also concerned about environmental impacts. Home occupations are allowed as conditional uses if they meet the applicable criteria or can be conditioned so as to meet those criteria.. Significantly, the applicant pointed out that the Deschutes County Board of Commissioners recently adopted amendments to the Home Occupation Code, and found the Code consistent. with the comprehensive plan for resource zoned, and rural residential zoned property. In earlier findings in this decision, I determined that the proposed use would not "unreasonably interfere" with other uses allowed in the EFU zone and that the proposed use would not force a significant change in accepted farm or forest practices. Elsewhere in this decision, I also imposed conditions of approval requiring the applicant to reduce anticipated noise levels from the operation, limit operating hours, operate with no more than two employees, and install additional screening and buffering of loading and unloading areas used in the home occupation. Those conditions,. and the findings made in connection with them, are applicable here and are incorporated by reference. The term "compatible" is not defined in the Code. According to Webster's dictionary, "compatible" is a 15d' Century middle English word based on later that means "capable of existing together. in harmony." Based on the foregoing I find, that as conditioned elsewhere in this decision, the propose use is compatible with existing and projected uses on surrounding properties based on the factors listed in DCC 18.128.015(A). This criterion is satisfied. C. These standards. and any other standards of DCC 18.128 maybe met by the imposition of conditions calculated to insure that the standard will be met. FINDING: The Hearings Officer will impose conditions of approval as indicated throughout this decision pursuant to this criterion.. IV. DECISION: Based on the testimony and written evidence in the record, the Hearings Officer concludes that the applicant has satisfied all relevant approval criteria or that it is feasible to satisfy the criteria CU-08-11 (Vander Zanden) Hearings Officer's Decision Page 24 of 30 through the imposition of conditions of approval. Accordingly, CU-08-11 is APPROVED by the Hearings Officer, SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL 1. This approval is based upon the application, site plan; specifications, and supporting. documentation submitted by the applicant. Any substantial change in this approved use will require review through a new conditional use application. 2. Prior to initiation of the use, the.. applicant/owner shall contact the Deschutes County Building Safety Division and obtain approval for a change of occupancy permit for the accessory structure being used for the home occupation. 3. Prior to initiation of the use, the applicant/owner shall obtain any necessary federal or state permits. Furthermore, the applicant/owner shall submit to the Planning Division documentation from federal or state agencies indicating the review and approval of such permit(s). 4. Pursuant to DCC 18.116.280(E)(8), prior to initiation of the use or issuance of a building or .septic permit, the applicant shall obtain a long-term access easement across tax lot 600 of Deschutes County Assessor's map 16-12-02C. The access easements shall be recorded in the Deschutes County Book of Records and a copy of each recorded easement shall be submitted to the Planning Division. 5. Prior to initiation of the use, the applicant/owner shall satisfy all relevant requirements of the Redmond Fire and Rescue Department, as indicated in. Exhibit.. "A". The applicant/owner shall submit to the Planning Division documentation from. the Redmond Fire and Rescue Department. indicating the review and approval of the requirements. 6. There shall be no outside storage of materials associated with the home occupation. Q7. . Hours of operation for this home occupation shall be limited to 7:00 a.m. to 5:00 p.m., nday through Friday and no more than two (2) Saturday's per month from 9:00 a.m. to-3; T.M. 8. The applicant/owner and two (2) additional employees are the only employees authorized iYnder this decision. 9 The home occupation may generate no more than five (5). business-related vehicle trips er day to the site. This-includes trips generated by a maximum of two (2) employees reporting to the property for work, two deliveries, and one customer. 10. The home occupation is limited to 3,219 square feet of floor.area in the residential structure and detached shop combined. Furthermore, the applicant/owner shall only use the first floor of the detached shop for the home occupation as requested and authorized under this decision. The second floor of the detached shop is designated for personal residential-use only. CU-08-11 (Vander Zanden) Hearings Officer's Decision Page 25 of 30 11. The home occupation may have one (1) sign that complies with requirements of DCC 18. 1 16.280(B)(3)(K). 12 The home occupation shall not produce prolonged odor, dust, glare, flashing lights, noise, smoke, or vibrations in excess of that created by normal. residential use. Additionally, the applicant is required (a) at all times to keep the noise level of his home occupation operation below 50 decibels at all points beyond the exterior wall of the accessory structure where the business is operated, (b) at all times to also keep the sound pressure level below 50 dB LAeq at all points beyond the exterior wall of the accessory structure where the business is operated, and, (c) upon any request of the Deschutes County Planning Division to have the actual noise level and sound pressure levels monitored and evaluated under actual full operating conditions by an independent contractor acceptable to the Deschutes County Planning Division and paid for at the sole expense of the applicant. 13 Trees and shrubs shall be retained on site in all areas where they serve to screen the. detached shop and home occupation, except as necessary for construction of access roads, building pads, septic drain fields and parking areas. (This condition does not prohibit maintenance of existing lawns, removal of. dead, diseased or hazardous vegetation; the commercial harvest of forest products in accordance with the Oregon Forest Practices Act or agricultural use of the land.) In addition, the applicant shall plant and maintain the following trees within six (6) months of the change of occupancy [building) permit for the detached shop: Eight (8) trees shall be introduced to screen the-detached shop from SW McVey Avenue (north) and along the southern side of the structure, with four trees on each side. The introduced trees shall be clustered ..together in a triangular pattern and spaced approximately 10 feet apart from each other as measured from center of tree. The trees. shall be a mixture of larger native species (for example, Lodgepole pines and Aspen). These trees shall be a minimum of 5 feet tall at the. time of planting. 14. . Prior to initiation of the use or issuance of a building or septic permit, the applicant. shall submit a revised site plan illustrating employee parking that is outside of the required zone setbacks. 15. Prior to the issuance of the change of occupancy of the detached shop, the property owner shall sign and record with the County Clerk, a. Conditions of Approval Agreement prepared by the Planning Division regarding the authorized home occupation. . A copy of the recorded conditions of approval agreement shall be submitted to the Planning. Division. 16. The home occupation shall be reviewed on an annual basis to ensure compliance with the conditions of approval. Other permits may be required. The applicant is responsible for obtaining any necessary permits from the Deschutes County Building and Environmental Health Divisions, the Deschutes County Road Department, as well as any required state or federal permits. CU-08-11 (Vander Zanden) Hearings Officer's Decision Page 26 of 30 V. DURATION OF APPROVAL: The applicant shall submit an application for a building permit for the kennel and training structure within two (2) years following the date this decision becomes final or obtain an extension of time pursuant to Section 22.36.010 of the County Code. Dated this 3rd day of September, 2008. Mailed this 4thday of September, 2008. Gerald G. Watson, Hearings Officer THIS. DECISION IS FINAL UNLESS APPEALED WITHIN 12 DAYS OF MAILING. d CU-08-11 (Vander Zanden). Hearings Officer's Decision. Page 27 of 30 Exhibit "A" Redmond Fire and Rescue requirements are as follows: Water: Area without Fire Hydrants: Water flow requirements shall be met or an approved sprinkler system shall be installed. • NFPA 1142 Requirements o If the structure is being built in an area outside a public water supply system, then the water flow requirements will come from NFPA 1142. o Note: The following information will need to be provided in order to determine accurate water flow requirements. • Building height, length and width • Use of the building • Type of construction • Whether the structure 100 sq.ft or larger and within 50 feet of any other structures Unable to provide water flow requirements. • Structures with Automatic Sprinkler systems - 2001 NFPA 1142 Chapter 7 0. . The authority having jurisdiction shall be permitted to waive the water supply required by this standard when a structure is protected by an automatic sprinkler system that fully meets the requirements of NFPA 13. • Fire Safety during Construction - 2007 OFC Chapter 14 o Approved fire department access roads, required water supply, and safety precautions shall be made available as soon as combustible material arrives on site. • Fire Sprinkler Systems shall be installed per NFPA 13. o If there are greater than 20 sprinkler heads, the system is required to _ have a fire alarm monitoring system. 0 2007 OFC 903.3.7 Fire Department Connections: The location of fire department connections shall be approved by the fire department. The FDC/PIV shall not be under any combustible, projections or overhangs. o . NOTE - If the Building is sprinklered, the sprinkler system will need to be designed to the specific. use that will be occurring in the building. If the sprinkler system. is not designed appropriately it will limit the types of businesses that can occupy the space. Access: • Premises Identification - 2007 OFC 505.1 o Approved numbers or addresses shall be placed on all new and existing buildings in such a position. as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background and visible at night. Number/letter shall be a minimum of 4" high and a 0.5" stroke width. • Fire Apparatus Access Roads - 2007 OFC Section 503 & Appendix D o Fire apparatus access roads shah extend to within 150 ft of all portions of the building as measured by an approved route around the exterior of the building. o Fire apparatus access roads shall have an unobstructed width of not less than 20.feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. CU-08-11 (Vander Zanden) Hearings Officer's Decision Page 28 of 30 o 'Fire apparatus roads shall be designed and maintained to support the imposed loads of 70,000 lbs and shall be surfaced so as to provide all-weather driving capabilities: o The required turning radius of a fire apparatus access road shall be 30 feet inside and 50 feet outside. o The grade of the fire apparatus access roads shall be within the limits established by the fire code official (10%). . Unknown if the above requirements have been met. • Fire Lanes - 2007 OFC 503.3 & Appendix D o Approved signs or other approved notices shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. Such signs or notices shall be kept in legible conditions at all times. The stroke shall be 1 inch with letters 6 inches high and read "No Parking Fire Lane". Spacing for signage shall. be every 50 feet. • Recommended, to also (in addition to Fire lane signs) paint fire lane curbs in bright red paint with white letters. o Appendix D Section D103.6.1 Roads 20-26 Ft. Wide: Shall have Fire Lane signs posted on. both sides of a 'fire lane. o Appendix D Section 103.6.2 Roads more than 26 Ft. Wide: Roads 26-32 ft wide shall have a Fire Lane signs posted on one side of the road as a fire lane. • Aerial Access Roads - 2007 OFC Appendix D, Section D105 0. Buildings or portions. of buildings or facilities exceeding 30 feet in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus. access roads and capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadways. At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet and a maximum of 30 feet from the building, all access roads shall have an unobstructed with of not less than 26 feet and shall be positioned parallel to one entire side of the building. Unknown if the above requirement will apply, height of building not provided. • Dead-Ends - 2007 OFC Section 503.2.5 o . Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. Contact Redmond Fire & Rescue for requirements. Unknown if the above requirement will apply. Emergency. Access Road Gates - 2007 OFC Appendix D 103.5 o Minimum 20 feet wide. o Gates shall be swinging or sliding type. o Shall be able to be manually operated by one person. o Electric gates shall be equipped with a means of opening. by emergency personnel & approved by fire official. o Locking devices shall be fire department padlocks purchased from. A-1 Lock, Safe Co. or Vance Lock & Alarm or contact Redmond Fire & Rescue for order form. o Section 503.3: Install a sign on the gate "Emergency Access" • Key Boxes - 2007 OFC Section 506.1 0. An approved key box shall be installed on all structures equipped with a fire alarm system and /or sprinkler system. Approved key boxes.can only be purchased at A-1 Lock Safe Co. or Vance Lock & Alarm. • Commercial Industrial Development - 2007 OFC Appendix D 104 CU-08-I1 (Vander Zanden) Hearings Officer's Decision Page 29 of 30 o Buildings exceeding three stories or 30 feet in height shall have at least 2 means of fire apparatus access for each structure. o Where 2 access roads. are required, they shall be placed not less than 1/z the length of the overall diagonal dimension of the property or area to be served, measured in a straight line between accesses. Unknown if the above requirement will apply. CU-08-11 (Vander Zanden) Hearings Officer's Decision T age 30 of 30 1 a T ~m z a~ ~C s Y T ° ED BUILDING FOR C CADD Station Th a n H ^ NEW DETA e MR. BRUCE VANDERZANDEN E M ncva- a~ 7 -vR ~sb bra few. mt 477a fanOr^J. m~-eaa 41756 (544 3034519 +i :544 2E0-0b10 f E'SI tgLlY sc"m 131, W% .1,4 i t Legend Q $ubja y_Prepanv EFU - E-1-1 F11.1. We FP-F. Prmn MnRte MYIIrPM ll.: Mvrcunure: CU-08-11 Applicant: Bruce & Peggy Vander Zanden Tazmap: 16-12-02-CO-00700 Address: 7236 SW-Mcvey Ave n EXHIBIT Document Reproduces Poorly (Archived) September 12, 2008 Attn: Lisa Klemp, Attorney Bryant, Emerson, Fitch, LLP 888 S.W. Evergreen Redmond, OR 97756 Re: Bruce and Peggy VanderZanden, Decision of Deschutes County Hearing Officer File Number CU-08-11 We own the property to the south of the detached shop being considered and are writing in response to the decision made by the Deschutes County Hearing Officer to require the VanderZandens' to plant four trees on the southern side of the detached shop. The above decision was made without discussing the issue with us and we are opposed to this requirement. We already have trees on our property that obstruct viewing the southern side of the detached shop, and this would be a waste of time, money and duplication of what is already in place. It is our feeling that this requirement has already been met and needs to be reconsidered by the county hearing officer and omitted. If you have any questions or. concerns regarding this matter, please feel free to contact us. Thank you in advance for your consideration regarding the above matter. Sincerely, 1' Lac-c~1~-ems Richard and irley L7324 S.W. McVey Avenue Redmond, OR 97756 (541)548-7415 E EXHIBIT c RESPONSE TO DESC UTES COUNTY PLANNING DIVISION STAFF REPORT AND NEIGHBOR COMMENTS, %1®T E AtrE s AT TgRl~~ ~,A~ FOI10d/i A~TT~~,l, AND S ~JrrrrLT~Al~ldT~~ FILE NUMBER: CU-08-11 OWNER/APPLICANT: Bruce and Peggy Vanderzanden 7236 SW McVey Avenue Redmond, OR 97756 APPLICANTS ATTORNEY: Bryant, Emerson & Fitch, LLP c/o Lisa DT Klemp, OSB #040012 888 SW Evergreen Avenue - P.O. Box 457 Redmond, OR 97756 1. Discrepancy in ]Building Sizes. The Staff Report indicates that there is a discrepancy in the building sizes for the dwelling and the accessory structure. The Applicant submits herewith a report from Western Title & Escrow, and a DIAL Report from Deschutes County website which indicate the sizes of the dwelling and attached garage. (Exhibit 1, also submitted as hearing exhibit The dwelling and attached garage have a combined square footage of 4158 square fee. Chapter 18.116.280 (E)(5), Home Occupations allows up to 35% of the combined floor area of the dwelling, an attached garage and one accessory structure to be used for a home occupation. As indicated in both the DIAL Report and report from Western Title, the first floor of the dwelling is 2109 square feet, the second floor is 1265 square feet, and the garage is 784 square feet. This totals 4158 square feet. Pursuant to the Deschutes County Tax Assessor's office, the square footage for tax assessment purposes does not include the square footage of a garage. They stated that the livable space is what is included for the Tax Assessor's purposes, and the garage is additional square footage. As indicated in the Staff Report, the Tax Assessor is assessing 3374 square feet for the dwelling on the subject property. The garage is in addition to that square footage. Therefore, Applicant reasserts that the 4158 square feet is the correct square footage for the dwelling and attached garage portion of the calculation. Staff's proposal to use 3166 is not supported by the record. EXHIBIT Page 1 -Response to Deschutes County Planning Division ~ Staff Report BRUCE AND PEGGY VANDERZANDEN G:\Clients\LDK\VanderZanden, Bruce & Peegy\Vanderzanden, Bruce & Peep y LU\Response to Staff Report.wpd BRYANT, EMERSON Sc FITCH, itr ATTORNEYS AT LAW 888 S.W. EVERGREEN AVENUE P.O. BOX 457 REDMOND, OREGON 97756-0103 TEL-PHONE (541) 648-2151 FAX (541) 546.1895 The accessory structure is 5040 square feet. This is included in the information for the building permit for the structure B65968. The application for the accessory structure was submitted to Deschutes County and all plans and development of that structure were approved by Deschutes County. Applicant requested previously, and again renews the request here, that the building permit application materials be incorporated into the record for the home occupation application. The attached Exhibit 6 are the building plans approved by the County which show the square footage and all dimensions for the structure. Therefore, the total square footage for the dwelling, attached garage, and accessory structure is 9198 square feet. Applicant submits that 9198 square feet is the correct calculation of the combined square footage. Therefore, the combined allowed square footage of 9198 square feet allows up 321930 square feet (35%) for home occupation use. The Applicant is proposing to use only 3000 square feet for the home occupation. Based on the actual sizes of the buildings onsite, this square footage is less than that which is permitted by the Code. Therefore, the proposed 3000 square feet should be approved as within the limitations of the Home Occupation Code. If the Hearings Officer detennines less than 3000 square feet is required, the reduced square footage can be made a condition of approval limiting the business area accordingly. 2. Residential Accessory Structure. There. are agricultural buildings and a dwelling established on the property. The Vanderzandens have resided on the property for nearly 16 years. These uses will continue subsequent to approval for a home occupation. The Staff Report questions whether the accessory structure qualifies as a residential accessory structure within Deschutes County Code. Deschutes County Code does not define residential accessory structure. An accessory structure is a. "structure incidental and subordinate to the main use of the property, and located on the same lot as the main use." The structure is incidental and subordinate to the main use of the property, and is located on the same lot as the main use. The main use of the property is for residential and agricultural purposes. When looking at the square footage for the residential use alone in light of the home occupation area, the home occupation is less than one-half of the total square footage used for residential purposes. The square footage for the dwelling and the garage which are used for residential purposes is 4158 square feet. In addition, the second floor of the structure is used for personal residential storage, which equates to 2040 feet. This is a combined total of 6198 square feet used for residential purposes. The proposed 3000 square feet for the home occupation is less than half of the total residential square footage. In addition, the County has approved the structure as a "residential accessory structure," therefore it has already determined that the structure itself is incidental to and subordinate to the Page 2 - Response to Deschutes County Planning Division Z!W Staff Report BRUCE AND PEGGY VANDERZANDEN G:1Clients\LDK\VanderZanden, Bruce & Pegg \V'anderzanden, Bruce & Peggy LU\Response to Staff Repo rt.wpd BRYANT, EMERSON &FITCH,*r,. ATTORNEYS AT LAW 888 S.W. EVERGREEN AVENUE P.O. BOX 457 REDMOND, OREGON 97758-0103 TELEPHONE (541) 54&2151 FAX (541) 548-1895 main uses of the property. The Staff Report indicates that Staff."believes that the accessory structure does not qualify for the proposed use as a residential accessory structure because it was allegedly established with the intent to use as a home occupation." The Staff s belief regarding the nature and intended use of a structure does not govern over the Code. The Code does not define residential accessory structure. Even if a structure is developed with an intent to use part of it for a home occupation - which by nature is a commercial use - that does not in and of itself render the structure a nonresidential accessory structure. As stated in the application materials and the Staff Report, the structure is used for personal storage. Since home occupation uses are "commercial" uses, if the mere usage of a structure for a home occupation removes it from a "residential accessory structure status" - then the Code would never be satisfied and home occupations would never be found to be conducted within a "residential accessory structure." The personal use is consistent with and an extension of the residential uses on the property. The decisions cited by staff are distinguishable fiom this case. in V-01-11, the applicant was seeking approval for an existing structure which was much larger than the dwelling on the property. Here, the Applicant has already received approval for the structure as accessory which included a consideration of its size as compared to the dwelling. 3. The Property is Currently Under Farm Deferral. Nineteen of the twenty acres is primarily used for pasture lands for horses and cattle, and a few hogs. This agricultural activity will continue even with the existence of a home occupation. 4. 'Change of Occupancy. . The Applicant is aware that a change of occupancy is required upon approval of a home occupation use of the structure. The Applicant's representative has contacted the Deschutes County Building Department and has discussed the requirements for a change of occupancy for the structure. This will be completed by the Applicant upon an approved application. This can be made a condition of approval. 5. Septic Evaluations. There is no proposed plumbing requiring a septic. It can be made a condition of approval that the Applicant will obtain any necessary site evaluations for septic approval if such improvements are desired. 6. The Attachment of the Shop to the Adjacent Structure. The machine shop/barn building previously located on the property is only connected to the shop in which the home occupation would be conducted by roof line. Each structure has its Page 3 - Response to Deschutes County Planning Division Staff Report BRUCE AND PEGGY VANDERZANDEN G:\C1ients\LDK\VanderZanden; Bruce & Peggy\Vanderzanden, Bruce & Peggy LU\Response to StaffReport.wpd BRYANT, EMERSON & FITCH,tts ATTORNEYS AT LAW 888 S.W. EVERGREEN AVENUE P.O. BOX 457 REDMOND, OREGON 97758-0103 TEL EPHONE ;541) 548-2151 FAX (541) 548-1895 own exterior load bearing wall. The machine shop/bam building will remain a part of the farming operation. The Applicant does not intend to have any of the machine shop/barn building used in the home occupation business. The relevance of this structure being connected to the shop is not clear. The Applicant meets the minimum square footage requirement based on the size of the accessory structure and the dwelling with the attached garage. The Applicant need not include the 1872 square feet of the machine shop/barn building in order to meet the minimum square feet requirements for the home occupation. The current use of the machine shop/barn is not going to change with any approved home occupation use. 7. The Staff Report, Page 9, indicates that the "home occupation will be clustered in and around existing residential and farm-related structures thus not interfering with other permitted uses that may occur on the EFU zoned parcel." The surrounding area is used for both rural residential or small or medium size farms. The neighbors have raised concerns regarding impacts that could interfere with the rural residential and agricultural uses of the property. The Home Occupation Code requires that such interference be "unreasonable." The Staff Report finds that the home occupation use on the subject property would not interfere with other uses that occur on the subject property which include both residential and agricultural activities. It is difficult to understand how if the home occupation does not interfere with the uses on the subject property, the surrounding property uses may be "unreasonably" interfered with. No specific interferences are identified for the Applicant to adequately respond to. The Applicant has addressed the extent to which the proposed home occupation use will be contained within a cement structure to mitigate noise, there is a ventilation system to collect dust from escaping, there is a ventilation system to control V.O.C. emissions generated by the use which the DEQ already classifies as de rminimis, (Hearing exhibit, also attached as Exhibit 2 . hereto) and that there will be minimal traffic generated by this use (3 to 5 vehicles trips per day). The location of the accessory structure in which the home occupation would take place is clustered with other buildings on the 20 acre lot, and set back from all property lines and surrounding uses. Applicant submits that not only will the use not "unreasonably" interfere with neighboring uses, the use will not force any "change or significantly increase costs" of accepted faun practices in the area. The nearest farming operation is approximately 140 feet from the cement accessory structure. The closest farming use is approximately 290 feet away, and west of the subject property. The closest residential use is approximately 450 feet away. These distances create a significant buffer that serves to further mitigate any emissions from impacting surrounding uses. Deschutes County Planning sent out 27 notices to surrounding properties regarding the home occupation application submitted by the Vanderzandens. Of the 27 notices, the County received 5 responses from neighboring property owners. The neighbors' concerns included Page 4 -Response to Ieschutes County Planning Division Staff Report BRUCE AND PEGGY VANIDERZANDEN G:1Ctients\LDMVanderZanden, Bruce & Peggy Wanderzanden, Bruce & Peggy LU\Response to Staff Report.wpd BRYANT, EMERSON & FITCH, LLP ATTORNEYS AT LAW 888 S.W. EVERGREEN AVENUE P.O. BOX 457 REDMOND, OREGON 97756-0103 TELEPHONE (541) 548.2151 FAX (541) 548-1895 noise, dust, and odor. Again, as previously indicated, and as acknowledged in the Staff Report, the business will take place nearly entirely within an insulated concrete form building. The only activity to be conducted outside is the loading-and unloading of delivery vans. The concrete form building is an excellent insulator of noise. In fact, this type of construction is used for theaters to control noise. The engineering manual for the building indicates that "the net result is a very strong, energy efficient wall system that has excellent sound abatement and fire ratings." (Exhibit #3) Pursuant to the Reward Wall System information provided in Exhibit 3, the sound abatement, or reduction, for this structure is 48 to 65 decibels. (Exhibit 3, Section 2.2.2.) The structure is an 11" iForm system. The worst case scenario for the interior -decibel level of the wood shop is 102 to 103 decibels. (Exhibit 4.) These are the decibel levels for the operation testified to by the Applicant which were measured by Oregon OSHA. Exhibit 4 is the OSHA report. The shop in which these levels were measured had approximately 12 employees. Therefore, this is a good representation of what the worst case scenario would be for the operation proposed by the Applicant with only 3 employees. Therefore, taking the worst case scenario decibel level of 103, minus the 48 to 65-decibel level reduction resulting from the Reward Wall System 11" iForm structure, the result is a 38 to 55 decibel level from the opposite side of the walls. Therefore, this is an average decibel level of 46.5. According to page 1 of Exhibit 3, the 45 decibel level from the opposite side of the wall equates to loud speech that is not audible, and of which 90% of the statistical population is not annoyed by. Forty-eight decibels is barely audible, and 50 decibels is inaudible, and even loud sounds such as a stereo are faintly.heard. Exhibit 5 has additional information regarding the Reward Wall System, and the benefits of the sound reduction from such a system. It is difficult to determine the actual level of decibel levels generated by the workshop until the business is actually operational. It is obvious that the concrete structure will absorb much of the sound. Each piece of equipment has a huge noise difference, and the noise level will all depend on the piece of equipment being used at any given time. According to OSHA, there are even ranges in decibel levels for particular equipment. For example, not every tractor or saw will have the same decibel rating. In the 2004 inspection performed by Oregon OSHA, OSHA did not measure the decibel levels of the individual equipment used in the shop, but had the employees wear a device which measured the decibel level exposure throughout the day. The "community noise" publication exert proposes that the outdoor living noise should not exceed 55 db LA eq to protect neighbors from being seriously annoyed from noise on balconies, terraces, and in outdoor living spaces. To protect the majority of people from being moderately annoyed, the daytime sound pressure level was recommended not to exceed 50 db LA eq. (Exhibit 7.). It is important to note that the zoning for the subject property and the surrounding area is EFU and MUA-10, and area also has an airport safety combining zone overlay. The airport safety combining zone indicates that the airport flight corridor is directly over this area. Therefore, when considering the neighborhood noise, one must also consider the aircraft noise of Page 5 - Response to Deschutes County Planning Division Staff Report BRUCE AND PEGGY V ERZANDEN G:\C1ients\LDK\VanderZanden1 Bruce & PegapWanderzanden, Bruce & Peggy LIJ\Response to Staff Report.wpd BRYANT, EMERSON & FITCH, ATTORNEYS AT LAW 888 S.W. EVERGREEN AVENUE P.O. BOX 457 REDMOND, OREGON 97756-0103 TELEPHONE (541) 548.2151 FAX (541) 548-1895 this neighborhood. Exhibit 8 addresses aircraft operation noise, and states that aircraft operations generate substantial noise in the vicinity of both commercial and military airports. Aircraft takeoffs are known to produce intense noise, including vibration and rattle. The landings produce substantial noise in long low-altitude flight corridors. There are noises produced by the landing gear and automatic power regulation, and also when reverse thrust is applied. The airflow generated by the fan can also be a significant noise source, particularly during landing and taxing operations. Multi-bladed turbo-prop engines can produce relatively high levels of tonalnoise. (Exhibit 8.) It is estimated a jet plane from a passenger ramp and small aircraft engines have a 120 db reading. (Exhibit 9) Therefore, this property which is in the flight corridor is subject to such sound. Section 2.2.4 of Exhibit 8 also addresses domestic noise and noise from leisure activities. Exhibit 9 lists a number of the mechanical devices from which noise may stem with the approximate decibel level to expect from any individual device. As you can see from this chart, the decibel levels for this neighborhood would range from 40 decibels to 110 decibels for the domestic noise. In addition, the cars on McVey Avenue would generate approximately 100 decibels, and agricultural land is rated at an approximate 40 decibel level. I have marked Exhibit 9 to identify those items which would likely be found in this neighborhood. According to this chart, the average decibel rating for the noise on the opposite side of the wall of the business (46.8 db) would range between the equivalent of a low voice or refrigerator in the home, and be consistent with agricultural lands which are rated at approximately 40 decibels, and with an air conditioner and average home noise which rates at approximately 50 decibels. Exhibit 10 has additional decibel ratings for items expected to be found in this neighborhood, including a number of items identified by Schultz during his testimony at the public hearing on this application. According to the tax maps for the application, the subject property is 20 acres in size, with a width of 1310 lineal feet. The accessory structure is located in the northwest corner of the property, and clustered with other buildings and vegetation. The nearest dwelling is to the south, approximately 450 feet, and this neighbor testified in support of this application. Tax lot 600, which is the Corbett property, is approximately 985 lineal feet from the accessory structure. As illustrated on the aerial photo for the application, the other neighboring owners that testified in opposition to this application live to the east of the subject property. The dwellings to the east are located on approximately 5 acre lots, and primarily located along the eastern boundary of each parcel. Therefore, there is an estimated 1500 lineal feet between the accessory structure and the dwellings to the east. The dwelling to the north is located on the eastern boundary of that parcel, and is estimated to be a 1000 lineal feet from the accessory structure. These distances are substantial and significantly contribute to further reduce any effect of sound emission or other emissions from the accessory structure on neighboring uses. As explained in Exhibit 8, Section 2.5, barriers and screens that block the direct path from the source of the noise to the receiver can reduce the propagation of sound. The attenuating Page 6 - Response to Deschutes County Planning Division Staff Report BRUCE AND PEGGY VANDEIZAINDEN G:\Clients\LDK\vanderZanden, Bruce & Pegg \vanderzanden, Bruce & Peggy LU\Response to Staff Report.wpd BRYANT, EMERSON Sc FITCH, ttx ATTORNEYS AT LAW 888 S.W. EVERGREEN AVENUE P.O. BOX 457 REDMOND, OREGON 97756.0103 TELEPHONE (541) 548-2151 FAX (541) 548-1895 effects of the screen are limited by sound energy that defracts or bends around the screen. As indicated in the aerial photo, there are a number of buildings and trees on the subject property. There is a line of trees on'the east side of the property which serve to deflect sound transmitting from the accessory structure to the eastern neighbors. Therefore, the deflection by those trees would further decrease the sound, if any, transmitted to that property. The dwelling to the southwest, tax lot 600, is clustered in trees, and there are buildings on the subject property which serve to deflect any sound emitted from the accessory structure. This all serves to further reduce any noise that actually might be transmitted to the neighboring property. Not only does this screening serve to deflect sound transmission, it also serves as a visible screening. Exhibit 11 consists of 12 photographs taken from the surrounding area to illustrate the screening of the accessory structure at issue. As indicated from those photographs, the structure is screened fiom most of the surrounding property, and where visible it appears as an agricultural building. As seen in the photos, the property with the greatest visibility of the structure is not opposed to the home occupation use applied for. Therefore, there is significant screening and the building is mostly obscure from the neighboring properties. The accessory structure has a dust collection system in the building. Therefore, the dust emissions will be minimal, if any. It is not likely that any more dust will be emitted from this use than what is already generated from the farming operations onsite. The paint booth has a filter exhaust system. Only about 3000 pounds of V.O.C. a year will be generated by the cabinet manufacturing business. That is 5.5 pounds per day if operated 7 days :a week. The DEQ's regulations address V.O.C. (volatile organic contaminants). The lacquer used by the Applicant is H.A.P.S. (hazardous air pollutants) free. Therefore, not only is the amount used by the Applicant de minimis, it is even less harmful due to the fact that it is hazardous air pollutant free. The DEQ regulations have an exclusion for this material. (See Exhibit 2, Pages 2, 3, 12) The Applicant submits that Bar 7A has clean wood recycling and so does Deschutes County Department of Solid Waste. The Applicant will dispose of sawdust and wood scraps to these agencies. Safety Kleen of Clackamas, Oregon has been handling the liquid paint waste generated from the business operation of the Applicant for nearly 10 years. In addition, the Applicant is considered a conditionally exempt generator by the Oregon DEQ regulations. The use will generate no impact to water. The proposal indicates that approximately three to five vehicle trips per day may be generated by the home occupation use. This estimate includes UPS deliveries. This is significantly less than the 20 vehicle trips per day permitted by the Code The trips would include Page 7 - Response to Deschutes County Planning Division Staff Report BRUCE AND PEGGY VANDERZANDEN G:\C1ients\LDK\VanderZanden, Bruce & PeggyWanderzanden, Bruce & Peggy LU\Response to Staff Report.wpd BRYANT, EMERSON & FITCA, cce ATTORNEYS AT LAW 888 S.W. EVERGREEN AVENUE P.O. BOX 457 REDMOND, OREGON 97756-0103 TELEPHONE (541) 549-2151 FAX (541) 548-1895 one van a day to deliver accessories for the manufacturing operation, and another van per week to deliver wood. These are not large heavily weighted trucks. The deliveries would be made via van, and should have very little impact to the existing driveway. Applicant will contribute to the maintenance of the existing access for any impact resulting from this use. The access is already used for agricultural operations, including equipment and deliveries, etc. consistent with an agriculture production. Any traffic generated by this use is considered "minimal" in the Staff Report, and the Applicant submits that the minimal traffic generated would not impact the surrounding land uses. Again, because the operation will take place almost entirely in the concrete structure, except for the loading and offloading of materials, there would be little, if any, impact on neighbors. In addition, the location of the building is screened via surrounding buildings, topography, vegetation, and setbacks from the property lines. The nearest residential use is over 450 feet away from the building. Although the Staff Report says that the use would interfere with neighbors because they work Monday through Friday and will likely have Saturday and Sunday off and be enjoying time at home, there is no evidence in the record to support this belief, or conclusion, and the neighbors have not raised this as an issue. Because the operation will be screened and contained, even if the neighbors were home on Saturday and Sunday, there would be little, if any, impact on the neighboring uses for the reasons set forth previously. In addition, Mrs. Vanderzanden works nights and sleeps during the days, so any noise level created by the home occupation must not interfere with her sleep in the residence onsite. The ventilation system for the dust and paint booth will minimize any emissions from escaping the cement structure. With a cement structure, the noise generated by the home occupation business is significantly mitigated, there are minimal vehicle trips to the subject property in relation to this proposed use (estimated 3 to 5 trips per day), and there is significant distance between the accessory structure and the surrounding uses. Therefore, the use would have very little impact, if any, on the surrounding properties. Moreover, any impact would not be "unreasonable" or force any significant "change or significantly increase costs of accepted farm practices in the area." g. The neighbors are concerned about business uses in the surrounding area. The Deschutes County Board of Commissioners recently adopted amendments to the Horne Occupation Code, and found the Code consistent with the comprehensive plan for resource zoned, and rural residential zoned property. Although the neighbors prefer all business activity be located in industrial and commercial zones in Deschutes County, the Board of Commissioners has determined that small home occupations, such as proposed, are permissible within the EFU zone, if the criteria for the home occupation use are satisfied. As illustrated in Exhibit 12, there are a number of existing businesses in the area so the proposed home Page g - Response to Deschutes County Planning Division Staff Report BRUCE AND PEGGY VANDERZANDEN G:\CHents\LDK\VanderZanden, Bruce &; Pegsy\Vanderzanden, Bruce & PeDew, LU\Response to Staff Report.wpd BRIANT, EMERSON & PITCH, trr ATTORNEYS AT LAW 888 S.W. EVERGREEN AVENUE P.O. BOX 457 REDMOND, OREGON 97756-0103 TELEPHONE (541) 548.2151 FAX (541) 548-1895 occupation use is not setting precedent or resulting in an anomaly in the area. V-08-1 is on appeal. As previously addressed, the area proposed for the home occupation is less than half of the residential uses of the properly. The Code has established 35% of the combined allowed square footage to be used for the home occupation. Here the Applicant is proposing to use less area. The Applicant has addressed the criteria for the home occupation, and has provided information that the proposed use will not unreasonably interfere with surrounding uses, or change or significantly increase the costs of accepted farm practices in the area. Therefore, based on the analysis for the home occupation use permitted in the EFU zone, the Applicant submits that this application has satisfied the criteria that Deschutes County considered necessary to cite a home occupation business in the EFU zone. 9. Uses Compatible with Resource Oriented Character of the Location. The use is compatible with resource oriented character of the location. "Compatible" is defined by Webster as "capable of existing together in harmony." The proposed use is nearly fully contained within a concrete structure, and.has very little, if any, emissions. As indicated in the Staff Report, page 9, the use would not even interfere with other uses permitted on the subject parcel. Therefore, it would be difficult to conclude that the use would interfere with uses on surrounding properties giving rise to rendering the proposal incompatible with the location. As previously discussed herein, the proposal would have no "unreasonable interference" with surrounding uses, and would not significantly increase the cost of accepted farm practices in the area, or change the accepted faun practices in the area. Therefore, the use is. "compatible" with the resource oriented character of the location and would have little, if any, impact on surrounding uses. Most importantly, any resulting impact would not render the use incompatible with the surrounding resource oriented character. 10. Alteration to Existing Buildings to Give a Commercial Appearance. Applicant has followed the Deschutes County Requirements for establishing the proposed use. There will be no alteration to the existing building to give it a business appearance. The structure has been approved as a residential accessory structure, and has gone through site and design review. The structure was considered appropriate for the location and zoning, and has been designed to match the existing onsite development. A mere change in the internal use of the structure does not automatically cause an outward appearance of a business or alter the existing business to give a commercial appearance. The Staff Report indicates that although not currently a structure with a commercial appearance. A change in the internal use of the structure could cause a change in the appearance of the structure. The application does not involve any external changes to the dwelling or accessory structure in which the home occupation will be established that would give the dwelling the outward appearance of a business. The proposal is Page 9 - Response to Deschutes County Planning Division Staff Report BRUCE AND PEGG Y VANDERZANDEN G:\Clients\LDMVanderZanden. Bruce & PegW\Vandemanden, Bruce & Peggy LU\Response to Staff Report.wpd BRYANT, EMERSON & FITCIi, ur ATTORNEYS AT LAW 8B8 S.W. EVERGREEN AVENUE P.O. BOX 457 REDMOND, OREGON 977540703 TELEPHONE (541) 548-2151 FAX (541) 548-1 B95 consistent with the requirements of the Code, and this criteria is satisfied. A mere change in the internal use of a structure does not change its outward appearance. The Staff Report also indicates that the size of the structure alone may give an outward appearance of a business. However, this is a difficult argument to understand. The size of the structure exists today, and is not proposed to be modified to accommodate the home occupation use. Therefore, if the appearance of the structure today, and its existing size, does not give an outward appearance of a business, then it is difficult to understand how an internal change in the use of the structure would somehow give rise to an outward appearance of a business. Applicant submits again that this criteria is satisfied. The Applicant submits that it can be made a condition of approval to comply with environmental health division, building safety division, and State and federal laws. 11. The Code Allows for Loading and Unloading of Vehicles. A Type 3 Home Occupation, which is applied for, allows for servicing, inspecting loading, and/or dispatching of vehicles and equipment incidental to the home occupation. The Applicant proposes to load and unload delivery vehicles onsite, consistent with the home occupation code limitations. Again, the structure and the parking area is screened by existing buildings onsite, vegetation, and setbacks from surrounding uses. The mere loading and unloading of the vehicles does not create a structural alteration affecting the appearance of the buildings onsite, and is pennitted by the Code. The deliveries are expected once a day for accessories, and once a weelc for wood materials. Therefore, there would be minimal time spent onsite loading and unloading materials, and such activity would be screened, and a significant distance from the neighboring uses. 12. It Can Be Made a Condition of Approval That All Parking Shall Be Maintained Outside of the EFU Setback Requirements. There is ample space on the 20 acre parcel, including around the existing structures, to locate parking. The EFU setbacks will be adhered to. This can be made a condition of approval. 13. Access. The owners of tax lot 600 have questioned the legal use of the existing access by the Applicants. A proper challenge to the use of the existing access, and scope of that use is not in this forum, but in Circuit Court of Oregon. The Applicants have used the existing access for 16 years. The owners of tax lot 600 purchased, as evidenced in their deed, subject to an existing roadway access. The owners were not put on notice of the existing access to the subject property and purchased subject to the easement for road use, and the easement recorded at Volume 247, Page 75. Whether the scope of the use exceeds the road easement encumbering their property, Page 10 - Response to Deschutes County Planning Division Staff Report BRUCE AND PEGGY VANDERZANDEN G.\Chen ts\LDM",'a nderZan den, Bruce S PeggyWanderzanden. Bruce & Peggy LU\Response to StafFReport.wpd BRYANT, EMERSON & FITCH,ur ATTORNEYS AT LAW 888 S.W. EVERGREEN AVENUE P.O. BOX 457 REDMOND, OREGON 97756-0103 TELEPHONE ;541) 548-2151 FAX (541) 548-1895 and any legal challenge to the continued use is subject to Circuit Court jurisdiction. The subject property has benefitted from the easements cited and will continue to do so. The proposed use does not increase the existing scope of the use to exceed the road easement footprint. (Exhibit 13 and 14.) DATED this 24"' day of June 2008 BRYANT, EMERSON & FITCH, LLP ,18-A DT I EMP, SB #040012 Of Attorne s for B ce and Peggy Vanderzanden 888 SW Eve e Avenue - P.O. Box 457 Redmond, OR 97756 541.548.2151 - 541.548.1895 (fax) Email: lisa(@xedmond-lawvers.com Page 11 - Response to Deschutes County Planning Division Staff Report BRUCE AND PEGGY VANDERZANDEN G:\Clients\LDMVanderZanden, Bruce & PeggyWanderzanden, Bruce & Peggy LDAResponse to Staff Report.wpd BRYANT, EMERSON & FITCH, us ATTORNEYS AT LAW 888 S.W. EVERGREEN AVENUE P.O. BOX 457 REDMOND, OREGON 97756-0103 TELEPHONE (541) 548-2151 FAX (541) 548-1895 About Decibels (dB) Prepared by Gregg Vanderhelden Ph.D. Trace R&D Center University of Wisconsin-Madison What is a Decibel (dB)? A dB or Decibel is a logarithmic unit of measure of the ratio between two numbers. dB and Power (20dB =100x) When talking about power, 3dB represents a ratio of two to one or a doubling of power. • Thus, a gain of 10dB would represent a ratio of ten to one for power - so 10 dB be 10 times the power • A 40dB power gain would be 10,000 times the power. dB and Voltage gain (20dB = 10x) When talking about voltage, 6dB represents a ratio of two to one or a doubling of voltage. • 20dB would represent a ratio of ten to one for voltage so 20 dB would be 10 times the voltage. • A 40dB voltage gain would be 100 times the voltage. dB SPL (Sound Pressure Level) (20dB =10x) The term "SPL" stands for sound pressure level. SPL measures are taken with respect to the minimum threshold for human hearing. A 20 dB difference in SPL represents a ratio of ten-to-one in sound pressure. • Thus, a 40dB SPL would be a sound pressure level that is 100 times greater than the sound pressure level of the quietest sound that normal human hearing can detect. Perception of Loudness (20dB = Ax) Interestingly, our perception of loudness is not the same as sound pressure level. Although the actual formulae is somewhat complex, as a rough rule of thumb, an increase of 10db SPL is perceived to be approximately twice as loud. • Thus a 20 Db gain would seem to be about 4 times as loud. VANDEI22ANDEN • And a 40 Db gain would seem to be about 16 times as loud. Exhibit 10 r A _ A111117n)f: 141d PAR dB SPL in Real Life To give you an idea of how a dB SPL measurements relate to daily life, a listing of the approximate sound pressure level for various sounds is provided below. (From hftp://Www.state.me.us/spo/landuse/does/NoiseTABulletin.pd f - with the "Approximate Loudness" column added) (see also dB SPL and dB(A) SPL discussion on next page) Sound Pressure Approximate loudness with Sound Environment Level (dBA SPL) regard to ordinary conversation Threshold of hearing 0 Don't hear anything Broadcast studio interior or 10 1132nd as loud as conversation rustling leaves Quiet house interior or rural 20 1/16th as loud nighttime Quiet office interior or watch 30 1/8th as loud ticking Quiet rural area or small 40 1/4th as loud theater Quiet suburban area or 50 1/2 as loud dishwasher in next room Office interior or ordinary 60 Ordinary Conversation conversation Vacuum cleaner at 10 ft. 70 Twice as loud Passing carat 10 ft. or 80 4 times as loud garbage disposal at 3 ft Passing bus or truck at 10 ft. or : 90 8 times as loud food blender at 3 ft. Passing subway train at 10 ft. 100 16 times as loud or gas lawn mower at 3 ft. Night club with band playing 110 32 times as loud 64 times as loud as conversation Threshold of pain 120 (twice as loud as night club) Where to get more information A good resource on this topic (referred to from the Acoustical Society of America Site) Gil /InnR I-na PM . Acoustics FAQ What is difference between dB SPL and dB(A) SPL? The following is from the Acoustics FAQ. A sound level meter that measures the sound pressure level with a "flat" response will indicate the strength of low frequency sound with the same emphasis as higher frequency sounds. Yet our ear perceives low frequency sound to be of less loudness that higher frequency sound. The eardrum- stapes-circular window system behaves like a mechanical transformer with a finite pass band. In EE parlance, the "3 dB" rollover frequencies are approximately 500 Hz on the low end and 8 kHz on the high end. By using an electronic filter of attenuation equal to that apparently offered by the human ear for sound each frequency (the 40-phon response curve), the sound level meter will now report a numerical value proportional to the human perception of the strength of that sound independent of frequency. Section 8.2 shows a table of these weightings. Unfortunately, human perception of loudness vis-a-vis frequency changes with loudness. When sound is very loud - 100 dB or more, the perception of loudness is more consistent across the audible frequency band. "B" and "C" Weightings reflect this trend. "B" Weighting is now little-used, but C-Weighting has achieved prominence in evaluating annoying community noises such as low frequency sound emitted by artillery fire and outdoor rock concerts. C-Weighting is also tabulated in 8.2. The first electrical sound meter was reported by George W Pierce in Proceedings of the American Academy of Arts and Sciences, v 43 (1907-8) A couple of decades later the switch from horse-drawn vehicles to automobiles in cities led to large changes in the background noise climate. The advent of "talkies" - film sound - was a big stimulus to sound meter patents of the time, but there was still no standard method.of sound measurement. "Noise" (unwanted sound) became a public issue. The first tentative standard for sound level meters (Z24.3) was published by the American Standards Association in 1936, sponsored by the Acoustical Society of America. The tentative standard shows two frequency weighting curves "A". and "B" which were modeled on the response of the human ear to low and high levels of sound respectively. With the coming of the Walsh-Healy act in 1969, the A-Weighting of sound was defacto presumed to be the "appropriate" weighting to represent sound level as a single number (rather than as a spectrum). With the advent of US FAA and US EPA interests in the 70's, the dBA metric was also adapted by them. (Along with the dBA metric has come an associated shortfall in precision in accurately representing the capacity of a given sound to produce hearing loss and the capacity to create annoyance.) [Editor's Note: A single number metric such as dBA is more easily understood by legal and administrative officials, so that promulgation, enforcement and administrative criteria and actions are understandable by more parties, often at the expense of a more precise comprehension and engineering action capability. For instance, enforcement may be on a dBA basis, but noise control design.demands the octave-band or even third-octave band spectral data metric.] The most commonly referenced weighting is "A-Weighting" dB(A), which is similar to that originally defined as Curve "A" in the 1936 standard. "C-Weighting" dB(C), which is used . 619100M 1-04 PM occasionally, has a relatively flat response. ""U-Weighting"" is a recent weighting which is used for measuring audible sound in the presence of ultrasound, and can be combined with A-Weighting to give AU-Weighting. The A-Weighting formula is given in section 8 of this FAQ file. In addition to frequency weighting, sound pressure level measurement can be time-weighted as the "Fast", "Slow" or "Impulse" response. Measurements of sound pressure level with A-Weighting and fast response are also known as the "sound level". Many modern sound level meters can measure the average sound energy over a given time. this metric is called the "equivalent continuous sound level" (L sub eq). More recently, it has become customary in some circles to presume that this sound measurement was A-Weighted if no weighting descriptor is listed. I About Trace I Contact Us I Resources and Tools I P 'ec G and Programs I News I PUbrg2 ions I Site Help I Search I Home I tii~;i~nnR ~•na pM alit Edit . View Favortes . Tools.. Help Back J i Search Favorites r~ss : http:JJwww.engineeringtoolbox.comJsound-power-levekd 58.html 60 s ti;4 3ound Noise ~lanaaemerrk voice level o ° d The Compellit Sound Sound DBcibel Sound Power u ou Power S n Level L Case for an me a e Source N _ w- LlteryGle ; roolBoxShortLlsr (dB) • Add this Pagel ( 10 tz re Strateo`r - ~atOt?$ -__Saturn Rocket-- - - 100,000,000 4 _ 200 twhsr? - • Search this Site! 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G0 i'il http://www.er4ineerhgtoolbox-mmlsound-pDwer-levekd-5 8.html ;mmunication RUM, document Process lanaaement. e ComDellina Case for an Integrated Lifec cle Strata M(TE BA?= BodytShcp Business Broadcast Studio .L Rustling leaves Empty Auditorium Whisper 0.0000000001 20 - - Watch Ticking Rural Ambient Human Breath 0.00000000001 10 0.000000000001 '0 Sponsored Links Microsoft Server 2008 Community Sites, News and Beta Tests. Be A Server Herol Microsoft comlcalserver-008 Ads by Locale Related Topics Acoustics Room acoustics, acoustic properties - decibel A, B and C, Noise Rating (NR) curves, sound transmission, sound pressure, sound intensity, attenuation . Noiss and Sound in HVAC 5?stems Calculate noise, sound and silencers in HVAC systems Related Documents . Sound Power Intensity and Pressure An introduction to decibel, sound power, sound intensity and sound pressure Fans and Sound Power Generation The Sound Power Level from fans depends on the motor power and the capacity of the fan - the static pressure and/or the discharged volume. . Outdoor Ambient Found Levels in Decibel Outdoor ambient sound level in different rural and urban business and industrial environments with or without limited traffic. • Calculate Decibel The logarithmic decibel scale is convenient when calculating resulting sound power levels and sound pressure levels for two or more sound or noise sources. . Directivity Coefficient and Sound Attenuation The attenuation in a room depends on the receiver and source location. C.. ..,J I.. TL.. ...J 1.....1 aM.. ..C A a ! - t A . d C Page 1 of 1 Cynthia Smidt From: Clara Butler [Clara. Butler@ci.redmond.or.us] Sent: Thursday, November 06, 2008 9:25 AM To: haroldscci@aol.com Cc: Cynthia Smidt Subject: 7236 SW McVey Ave Attachments: Comments for A 08-18; CU 08-11, Bruce Vander Zanden, Cabinet Manufacturing, 1612020000700.doc Mr. Vanderzanden, After my site visit on Tuesday, November 4, 2008, 1 am able to provide you with more accurate comments regarding CU 08-11. 1 have included the cubic footage to the structure and ran the numbers through NFPA 1142, Water Requirements. The total gallons needed to meet fire flow are 101,362. You still have the option of having a sprinkler system installed to meet your water requirements. The designer of the sprinkler system can then inform you how much water would be required to supply that system. I made a note that access requirements have not been met but do know that you have plans to correct that. I also attached the turn around requirements due to the length of your driveway. If you have any further questions, please feel free to contact me. Clara Butler Deputy Fire Marshal Redmond Fire & Rescue www.redmondfireandrescue.org 541-504-5016 11/6/2008 Redmond Fire & Rescue City of Redmond 341 NW Dogwood Ave Redmond, OR 97756 541-504-5000 Fax: 541-548-5512 www.redmondfireandrescue.org Redmond Fire and Rescue Commercial Comments Date: November 6, 2008 Location: 1612020000700, 7236 SW McVey Ave Subject: Comments for A 08-18; CU 08-11, Bruce Vander Zanden, Cabinet Manufacturing From: Clara Butler, Deputy Fire Marshal If there are questions regarding Fire Code issues, please contact the Redmond Fire and Rescue Deputy Fire Marshal at 541-504-5016 or email at clarab@ci.redmond.or.us. WATER: Area without Fire Hydrants: • NFPA 1142 Requirements o If the structure is being built in an area outside the City of Redmond's public water supply system, then the water flow requirements will come from NFPA 1142. o Based on the following information: • Building height, length and width • Use of the building • Type of construction • Whether the structure 100 sq ft or larger and within 50 feet of any other structures The structure is 135,150 cubic feet, the building will be used for cabinet manufacturing, the type of construction per the owner and the Oregon Structural Specialty Code is 5N, and there is a exposure to the structure. It appears that the fire wall between the barn and the structure is antiquate to allow the two structures to be counted as separate fire flow areas. Applying NFPA 1142 to the above cubic footage with an exposure gives us a fire flow of 101,362 gallons. • Structures with Automatic Sprinkler systems - 2001 NFPA 1142 Chapter 7 o The authority having jurisdiction shall be permitted to waive the water supply required by this standard when a structure is protected by an automatic sprinkler system that fully meets the requirements of NFPA 13. • Fire Safety during Construction - 2007 OFC Chapter 14 o Approved fire department access roads, required water supply, fire hydrants, and safety precautions shall be made available as soon as combustible material arrives on site. ACCESS: • Premises Identification - 2007 OFC 505.1 o Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Said 11/6/2008 Redmond Fire & Rescue City of Redmond 341 NW Dogwood Ave Redmond, OR 97756 541-504-5000 Fax: 541-548-5512 www.redmondfireandrescue.org numbers shall contrast with their background and visible at night. Number/letter shall be a minimum of 4" high and a 0.5" stroke width. Fire Apparatus Access Roads - 2007 OFC Section 503 & Appendix D o Fire apparatus access roads shall extend to within 150 ft of all portions of the building as measured by an approved route around the exterior of the building. The above requirement has been met. o Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. The above requirement has not been met o Fire apparatus roads shall be designed and maintained to support the imposed loads of 70,000 lbs and shall be surfaced so as to provide all-weather driving capabilities. o The required turning radius of a fire apparatus access road shall be 30 feet inside and 50 feet outside. Unknown if the above requirement has been met. o The grade of the fire apparatus access roads shall be within the limits established by the fire code official (10%). Fire Lanes - 2007 OFC 503.3 & Appendix D o Approved signs or other approved notices shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. Such signs or notices shall be kept in legible conditions at all times. The stroke shall be 1 inch with letters 6 inches high and read "No Parking Fire Lane". Spacing for signage shall be every 50 feet. • Recommended to also (in addition to Fire lane signs) paint fire lane curbs in bright red paint with white letters. o Appendix D Section D103.6.1 Roads 20-26 Ft. Wide: Shall have Fire Lane signs posted on both sides of a fire lane. • Dead-Ends - 2007 OFC Section 503.2.5 o Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. Contact Redmond Fire & Rescue for requirements. See attached below for requirements. Emergency Access Road Gates - 2007 OFC Appendix D 103.5 o Minimum 20 feet wide. o Gates shall be swinging or sliding type. o Shall be able to be manually operated by one person. o Electric gates shall be equipped with a means of opening by emergency personnel & approved by fire official. o Locking devices shall be fire department padlocks purchased from A-1 Lock, Safe Co. or Vance Lock & Alarm or contact Redmond Fire & Rescue for order form. o Section 503.3: Install a sign on the gate "Emergency Access" 11/6/2008 Redmond Fire & Rescue City of Redmond 341 NW Dogwood Ave Redmond, OR 97756 541-504-5000 Fax: 541-548-5512 www.redmondfireandrescue.org • Key Boxes - 2007 OFC Section 506.1 o An approved key box shall be installed on all structures equipped with a fire alarm system and /or sprinkler system. Approved key boxes can only be purchased at A-1 Lock Safe Co. or Vance Lock & Alarm. 2007 Oregon Fire Code Dead-end Fire Apparatus Access Road Turnaround Table D103.4 Requirements for Dead-end Fire Apparatus Access Roads Leugth (ft) Width (ft) Turuarotiuds Required 1-150 20 None required 120-ft Hainnierhead, 60-ft "Y" or 96- 151-500 20 ft-diaiiieter cul-de-sac iii accordance with Figure D103.1 120-ft. Haimiierhead, 60-ft "Y" or 96- 501-750 26 ft-diameter cul-de-sac iii accordance with Figure D103.1 Over'-='50 Special approval required 96' 28' R TYP.' 26' 96' DIAMETER CUL-DE-SAC 60' 28'R TYP.' Figure D103.1 Y 0 26' R TYP.' 20' 60' "Y" 20'3 26' 120' HAMMERHEAD 20'- 26' 20'T 20' MINIMUM CLEARANCE AROUNDA FIRE HYDRANT 28'R 60' TYP.' I 70' 20'-T 20' ACCEPTABLE ALTERNATIVE TO 120' HAMMERHEAD 11/6/2008 3 Page 1 of 1 Cynthia Smidt From: Mark Corbet [mcorbet@web4mix.com] Sent: Wednesday, November 05, 2008 1:51 PM To: Cynthia Smidt Subject: Vander Zanden Hearing Attachments: Memo to DC Board of Commissioners 11.5.08.doc; Vander Zanden land use response.doc Hello Cynthia, Attached is a memo to the County Commissioners for your review and a copy of our original concern letter. Please forward this information to the Commissioners on our behalf. I am also mailing copy to the office of the Commissioners. Thank you, Mark Corbet 11/6/2008 November 5, 2008 To: Deschutes County Board of Commissioners: Dennis Luke, Chair Tammy Baney, Vice Chair Michael M. Daly, Commissioner From: Mark and Peggy Corbet 7376 SW McVey Avenue Redmond, OR 97756 RE: Public Hearing Notice on file #A-08-18(CU-08-11), to be held November 10, 2008 Appeal of Hearings Officer Conditions of approval of Bruce and Peggy Vander Zanden's Type 3 use application Attached is copy of our submitted comments dated March 17, 2008 regarding the application for a type 3 business operation made by our neighbors, Bruce and Peggy Vander Zanden. We want to reiterate our original concerns, and to let the Board know that we were satisfied with the conditions of approval included in the original decision of the hearings officer subsequent to the June 10, 2008 hearing. As you review their appeal, two access issues continue to be of concern to us: The Vander Zandens do not own the property that connects their driveway entrance to McVey Avenue; we do. Currently, they must cross a short section of our driveway entrance to access their property. While we have never denied the Vander Zanden's personal or farm use of our driveway entrance to access their property, they have never made an attempt to gain legal access. Since the Vander Zandens now desire a change in use which could significantly increase the traffic over our entrance, we feel that they should provide us with reasonable assurance that any negative conditions created by their manufacturing business traffic will be dealt with in a manner that will not hinder our farm use or quiet enjoyment.(Ref: item 4, page 25 Hearings Officer's Decision) 2. A second concern related to access came to light after reading the Hearings Officer's Decision. In Exhibit "A", page 28 of 30, "Redmond Fire And Rescue Requirements" for Fire Apparatus Access Roads-2007 OFC Section 503 & Appendix D it reads "The required turning radius of a fire access road shall be 30 ft. inside and 50 ft. outside." Our concern is that without a requirement for an assessment by the Redmond Fire Department, there may be a fire protection issue overlooked given the very sharp U-turn required by vehicles approaching from the east, and trying to connect with the Vander Zanden's driveway. The review performed by the fire department could not determine if fire vehicles could successfully negotiate this turn because an on-site inspection was not completed. Such an inspection appears to be indicated. (Ref: item 5, page 25 Hearings Officer's Decision) In closing, we remain very concerned about allowing any type of business use that is not in keeping with the farming and residential zoning of our neighborhood. With this in mind, we urge the Board to exercise the greatest amount of care in determining any deviations from existing land use regulations. March 17, 2008 Cynthia Smidt, Associate Planner Community Development Department 117 NW Lafayette Avenue Bend, OR 97701-1764 RE: Notice of Application - Land use File number CU-08-11 Dear Ms. Smidt, Upon receipt of the county's notice of Bruce and Peggy Vander Zanden's proposed action to operate a "Type 3" home occupation we have the following comments: Due to the proximity of the Vander Zanden property to the scenic Deschutes River canyon, there is the ongoing concern for the preservation of the existing ambiance of the rural and natural landscape. However, since the Vander Zanden's have already been allowed to build a disproportionately large "shop" on their farm property with what appears to be separate living quarters on a second level, this disruption of the natural landscape may already be seriously compromised. It is our desire that any additional home business conducted in this area be of a type that is complimentary to the natural landscape such as limited use bed and breakfasts or other home office type businesses that will not be obvious nor which will significantly increase the amount of local traffic. 2. With regard to the level of traffic permitted with a type 3 home occupation, it should be noted by the county development department that the Vander Zandens do not have completely private road access to their property. They must cross a small section of our property to access their driveway. While this has not and is not a major issue under current land use regulations, any increased use by larger trucks and trailers will likely necessitate an improvement to the driveway access at minimum, in addition to the maintenance of such while the subject property is used as a type 3 commercial venture. Large vehicles have a tendency to cut the corner short and ride over the metal culver ends clogging the culvert openings with gravel, thereby closing them off to water flow. In the past, we have had to maintain this entrance and construct certain barriers to prevent the existing use from destroying the rainwater overflow culvert. Twenty trips per day (on average?) as allowed with a type 3 permit would be a significant change in the use of the driveway entrance. Since the entrance is only an improved gravel surface at this point, we suggest that the Vander Zandens be required to pave a large apron to accommodate future business traffic and that they be required to maintain the apron to prevent any adverse affects on other legal uses of the entry. The apron should be paved in such a way that adequately takes into consideration any driveway run off from our existing driveway. As an alternative, the Vander Zandens could abandon this access altogether and pursue an access further to the east in cooperation with another adjacent landowner. Given the information provided by your office, we were not able to determine whether the type 3 conditional use permit attaches solely to the business operator or if it attaches to the property itself. If such use attaches to the property, we have a high level of concern for the future of our "neighborhood" ambiance. We do not believe that allowing a "manufacturing" operation that clearly sets a precedent for future allowable activities is in keeping with the intent of current land use laws. While we are sympathetic to the Vander Zanden's intent and desire to conduct business operations that are economically viable, we remain concerned for the future of the area and the potential for conflict between light manufacturing and the existing residential, recreational, and rural farming use of the area. 4. Should the conditional permit be granted, what are the specifics for monitoring the operation in compliance with a type 3 activity? Will the annual reviews show clear proof of the number of vehicle trips accessing the property? Will there be annual on- site inspections conducted in such a way that will adequately determine whether noise or particulate emissions are within required levels? We were subjected to a considerable amount of noise and traffic during the construction of the new shop. If that activity was indicative of what the business operation could potentially generate, then we are strongly opposed to allowing a manufacturing facility in such close proximity to the adjoining residential setting. A possible solution would be for the Vander Zanden's to create a heavy tree and bush barrier between their property and ours to reduce noise, minimize visual impact and improve air quality. In summary, while we are not opposed to our neighbors conducting viable home business operations, we are concerned that a type 3 use as described in the application without requiring additional mitigating preventative measures as described above, would potentially open a Pandora's Box for future activities in this area of the county. If the Vander Zandens are willing to adequately address the driveway access issue as well as ensure that their level of operations will clearly remain within the guidelines of the type 3 use; and, if each subsequent owner would need to reapply without being able to use the Vander Zandens' permit as a rollover to future owners' operations, then we would be more complacent regarding this application. Yours very sincerely, Mark R. Corbet Peggy D. Corbet 7376 SW McVey Avenue Redmond, OR 97756 541-548-6601 mcorbet@web4mix.com } S- E 'b r - r 7y~ i '~t 4 d S , _ C t L , ~ 2 t - 7- y 'A f-1 ' ~f y S c . 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