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2018-331-Minutes for Meeting July 02,2018 Recorded 8/10/2018(541 ) 3 88-65 70 2:00 PM I Recorded in Deschutes County CJ2018-331 Nancy Blankenship; County Clerk Commissioners' Journal 08/10/2018 10:56:43 AM .:<:•: �;� f�',j;%.; II � � I'I I II��I �� I �� � I� I � ■I � �I �II z 2018-331 .� FOR RECORDING STAMP ONLY ALLEN CONFERENCE ROOM Present were Commissioners Tammy Baney, Phil Henderson and Anthony DeBone. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; David Doyle, County Counsel; and Sharon Keith, Board Executive Assistant. No identified representatives of the media were in attendance. CALL TO ORDER: Chair DeBone called the meeting to order at 2:09 p.m. ACTION ITEMS 1. Marijuana Regulatory Assessment/ Preliminary Amendments Nick Lelack, Peter Gutowsky, and Tanya Saltzman, Community Development Department presented. Ms. Saltzman reported the Oregon Health Authority did respond back to the request for the addresses of the medical marijuana facilities. Commissioner Baney suggested a follow-up with the Attorney General's Office. Ms. Saltzman reviewed the proposed amendments to the County Code. Discussion held on the modifications and suggestions for further revisions were made. Mr. Lelack noted OHA had mailed a notice to all medical marijuana properties in 2016 and we could also mail a notice they need to comply with the County regulations. BOCC WORK SESSION JULY 2, 2018 PAGE 1 OF 4 Regarding the Measure 56, notice must be sent to approximately 5,500 property owners. There is also a dedicated website and phone line to provide information pertaining to the notice. Commissioner Henderson commented on the terms of square footage verses size of canopy grow. The Board suggested the feedback from applicants and growers during a public hearing. Commissioner Henderson asked for opinion on distance including those of youth activities. Commissioner Baney asked for clarification on federal lands and whether locations such as public trails would be impacted. Discussion held on square feet of mature canopy and the impact of the size of the operation. For operations that do not meet compliance, CDD will initiate code enforcement and also notify Oregon Liquor Control Commission to report the violation. Language could state a violation would mandate license revocation. Fencing and screening language revisions to be made. Regarding water usage, sources of water need to be clarified and documented in the applications. CDD staff will review sources and volume of water that would be allowed for the intended use. Metering of wells could also be required. Requirement of documentation of agricultural water usage verses domestic well usage. Commissioner Henderson inquired if grow operation water run off can be disposed into a septic system. Mr. Lelack will contact Todd Cleveland from CDD Environmental Soils. Mr. Lelack suggested inviting DEQ and Oregon Water Resources to the hearing to give input. The Public Hearing would be scheduled for Wednesday, August 22. Staff will send a draft to the Board for review. BOCC WORK SESSION JULY 2, 2018 PAGE 2 OF 4 OTHER ITEMS: • Nick Lelack, Peter Gutowsky, and Nicole Mardell of Community Development Department presented a matrix regarding irrigation of off-site materials. Ms. Mardell reviewed the process for a text amendment. Discussion held on pipe storage for Central Irrigation District. Commissioner DeBone supports not pursuing code enforcement at this time. • The Employee Recognition Breakfast is Saturday, August 4t" and if the Board wants to make private donations for raffle prizes, Public Information Officer Whitney Hale will have an envelope in her office. COMMISSIONERS UPDATES: No reports given. EXECUTIVE SESSION: At the time or 3:37 p.m., the Board went into Executive Session under ORS 192.660 (2) (e) Real Property Negotiations. At the time of 4:46 p.m., the Board went into Executive Session under ORS 192.660 (2) (i) Employee Evaluation. The Board came out of Executive Session at 6:10 p.m. to make the following motion: BAN EY: Move approval of the next step of compensation per Contract No. 2016-517 HENDERSON: Second VOTE: BAN EY: Yes HENDERSON: Yes DEBONE: Yes BOCC WORK SESSION JULY 2, 2018 PAGE 3 OF 4 Being no further items to come before the Board, the meeting was adjourned at 6:10 p.m. BOCC WORK SESSION JULY 2, 2018 PAGE 4 OF 4 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - www.deschutes.org WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 PM, M O N DAY, J U LY 2, 2018 Allen Conference Room - Deschutes Services Building, 2ND Floor - 1300 NW Wall Street - Bend Work Session, which are open to the public, allow the Board to gather information and give direction to staff. Public comment is not normally accepted. Written minutes are taken for the record Pursuant to ORS 192.640, this agenda includes a list of the main topics that are anticipated to be considered or discussed. This notice does not limit the Board's ability to address other topics. Meetings are subject to cancellation without notice. CALL TO ORDER ACTION ITEMS COMMISSIONER'S UPDATES 1. Marijuana Regulatory Assessment/Preliminary Amendments -Tanya Saltzman, Associate Planner EXECUTIVE SESSION Executive Sessions under ORS 192.660 (2) (e) Real Property Negotiations At any time during the meeting an executive session could be called to address issues relating to ORS 192.5660(2)(e); real property negotiations; ORS 192.660(2)(h) litigation; ORS 192.660(2)(d), labor negotiations; ORS 192.660(2)(b); personnel issues; or other executive session categories. Executive sessions are closed to the public; however ,with few exceptions and under specific guidelines, are open to the public. OTHER ITEMS Board of Commissioners Work Session Agenda Monday, July 2, 2018 Pagel of 2 These can be any items not included on the agenda that the Commissioners with to discuss as part of the meeting pursuant to ORS 192.640. ADJOURN Deschutes County encourages persons with disabilities to participate in all programs and activities. To request this information in an alternate format please call (541) 617-4747. FUTURE MEETINGS: Additional meeting dates available at www.deschutes.org/meetin2calendar Meeting dates and times are subject to change. If you have question, please call (541) 388-6572. Board of Commissioners Work Session Agenda Monday, July 2, 2018 Page 2 of 2 NJ r� C t` �J U t. t1 Ve } W u Z O H co m N ui o Za' Y w W 2O WI a t Ln uj F- CL LLI WLu Yk V Q Z I C7 oa Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of July 2, 2018 DATE: June 27, 2018 FROM: Tanya Saltzman, Community Development, TITLE OF AGENDA ITEM: Marijuana Regulatory Assessment/Preliminary Amendments The Board directed staff to schedule a follow-up work session to continue discussing potential revisions to Deschutes County's marijuana regulations, as well as the proposed public hearing timeline and adoption process. MEMORANDUM TO: Board of County Commissioners FROM: Nick Lelack, AICP, Director Peter Gutowsky, AICP, Planning Manager Tanya Saltzman, AICP, Associate Planner DATE: July 2, 2018 SUBJECT: Marijuana Regulatory Assessment / Preliminary Amendments 1. BACKGROUND Since the release of the Marijuana Regulatory Assessment on April 2, 2018, the Board of County Commissioners (Board) has conducted six work sessions to discuss programmatic changes to regulating and enforcing marijuana production on rural lands. The Board recently directed staff to: • Submit letters to the Oregon Water Resources Department (OWRD) and Oregon Health Authority (OHA) to verify the cause of groundwater declines in Alfalfa and Tumalo, and confirm inspection and monitoring protocols for medical marijuana grow sites in unincorporated Deschutes County; and, • Draft preliminary amendments to Deschutes County marijuana regulations. Il. OWRD AND OHA LETTERS Tom Blyer, OWRD Director responded to the Board's inquiries, reviewed at the June 13 work session. Carole Yann, OHA Section Manager responded to the Board's inquiries (Attachment A). III. PRELIMINARY MARIJUANA AMENDMENTS Based on the issues discussed at the work sessions, staff prepared preliminary amendments for the Board's consideration with the expectation that the Board may want to initiate a public hearing to gather formal input. The amendments are more restrictive than Deschutes County's existing marijuana regulations, and were summarized in the June 13 work session. After the June 13 work session, the Board requested additional refinements to several proposed amendments, summarized below: List of Additional Preliminary Modified Amendments DCC 18.116.330. Marijuana Production, Processing, and Retailing (Attachment B) DCC 18.116.330(B)(9) — Strengthened odor control measures, requiring odor control methodology to be independently researched and tested. DCC 18.116.330(D) — Added provision that one of the four allowable inspections must be prior to initiation of use. DCC 18.116.340. Marijuana Production Registered by OHA (Attachment B) DCC 18.116.340(C)(7) — Added condition to clarify that properties licensed before June 1, 2016 are subject to the annual inspection regulations from 18.116.330(D)(8). DCC Chapter 22.24. Land Use Action Hearings (Attachment C) DCC 22.24.030(A)(1)(b)(4) — Added required notice to property owners within 1,000 feet of marijuana production or processing. DCC Chapter 22.32. Appeals (Attachment D) DCC 22.32.015(C) — Added provision allowing 15 days for an appeal of a marijuana production or processing decision. IV. Measure 56 Notices As noted in the most recent work sessions, amendments to Deschutes County's marijuana regulations will trigger Ballot Measure 56 notice to approximately 5,500 property owners with properties larger than five acres in the Exclusive Farm Use and Multiple Use Agricultural zones. According to research conducted by staff, it will cost approximately $3,500 to produce and mail a Measure 56 notice to 5,500 property owners. In addition to the mailing, staff will create a dedicated website and telephone line to provide information and answer residents' questions pertaining to the notice. A draft mockup of the proposed notice is included as Attachment E. V. Proposed Schedule Based on the information shared in the work session as well as the published schedule of the Board, staff proposes the following timeline: • DLCD 35 -Day Notice published by staff - July 18 • Measure 56 Notice mailed, website and phone line go live - July 18 • Planning Commission work session — August 9 • BOCC Public Hearing—August 22 -2- VI. Next Steps / Public Process Based on Board direction at this work session, staff will: 1. Finalize the preliminary text amendments; 2. Initiate the draft text amendments; and 3. Confirm public hearing timeline and adoption process. Attachments: A. OHA Letter B. DCC Chapter 18.116 amendments C. DCC Chapter 22.24 amendments D. DCC Chapter 22.32 amendments E. Measure 56 notice mockup -3- Attachment A Oa-on PUBLIC HEALTH DIVISION N Center for Protection, Oregon Medical Marijuana Program lileal.th r' Kate Brown, Governorwht'tj,ty PO Box 14450 Portland, OR 97293-9929 June 12, 2018 Voice: 971-673-1234 Fax 971-673-0076 Board of County Commissioners Anthony DeBone, Chair Phillip G. Henderson, Vice Chair Tammy Baney, Commissioner P.O. Box 6005 Bend, OR 97708-6005 Dear Chair DeBone, Vice Chair Henderson, and Commissioner Baney, I received your May 8, 2018 letter requesting the following from the Oregon Health Authority (OHA): • Describe its processes around confirming, inspecting and monitoring medical marijuana grow sites in unincorporated Deschutes County. • Coordinate with the Oregon Water Resources Department and Deschutes County to share information when verifying medical marijuana grow sites to ensure compliance with state and local regulations during the initial permitting processes. • Provide to the Deschutes County Sheriff and District Attorney's office addresses for existing and discontinued medical marijuana grow sites and Size, scale and number of years in operation for each medical marijuana grow site. Compliance staff are completing proactive and complaint -based inspections of grow sites around the state including Deschutes County. OHA has approximately 18,000 grow sites registered and about 1/3 of those are grow sites have 2 or more patients. While OHA does not do routine inspections of grow sites with only one patient unless there is a complaint, that still leaves around 6,000 grow sites that could be subject to a compliance inspection. OHA is utilizing its registration data to determine the priority of grow site locations for conducting compliance inspections. OHA is committed to coordinating with the Water Resource Department and Deschutes County, including sharing information, to the extent permitted by law. Under OHA's current understanding of Oregon law, it is not permitted to provide a list of medical marijuana grow sites to you. ORS 475B.879, 475B.882, 475B.888 and 475B.892. OHA has asked for a legal opinion from the Attorney General regarding whether a complete list of medical marijuana grow site addresses can be provided to an agency that is authorized to obtain verification information from OHA. If, based on the opinion, OHA learns it can provide the information you are requesting, it will do so. In the meantime, OHA will continue to comply with the confidentiality and grow site verification provisions in the Oregon Medical Marijuana Act, as it has historically. OHA can verify the registration status of a particular medical marijuana grow site address to designated representatives of counties and cities under ORS 475B.879, using a telephone hotline. OHA may also verify grow site addresses for law enforcement officers using the dedicated phone number and LEDS system. OHA is also exploring ways to coordinate with the Deschutes County District Attorney that do not conflict with the current interpretation of the law. Included is the most current Snapshot (April 2018), which provides a breakdown of all data by patient, caregiver, grower and grow site for all counties. As the report is completed quarterly, the most current numbers Deschutes Co. county as of June 12, 2018 are: Patients 2,231 Caregivers 1,047 Growers 974 Grow Sites 805 Thank you for your understanding as we wait for guidance from the Attorney General on this matter and for your willingness to work with OHA to provide the information that you need. Sincerely, NAQL VMq---' Carole Yann Section Manager OREGON MEDICAL MARIJUANA PROGRAM APRIL, 2018 (REVISED 04/06/2018) 1J, lvg()l I alth PUBLIC HEALTH DIVISION Oregon Medical Marijuana Program Analysis Unit PO Box 14450 Portland, OR 97293-0450 www.healthore og n.org/ommp OREGON MEDICAL MARIJUANA PROGRAM STATISTICAL SNAPSHOT APRIL 2018 TABLE OF CONTENTS Patients, Caregivers, Growers and Grow Sites...................................................................................................... 2 Patients, Caregivers, Growers and Grow Sites by Oregon County....................................................................... 2 Patients, Caregivers and Growers Outside of Oregon........................................................................................... 3 Patientsby Age Range.......................................................................................................................................... 3 Patients, Caregivers and Growers by Gender........................................................................................................ 3 Patientsby Condition ..................................... ....................................................................................................... 4 MinorPatients........................................................................................................................................ 4 MinorPatients by Condition................................................................................................................................. 4 Caregiverswith Multiple Patients......................................................................................................................... 5 Growerswith Multiple Patients............................................................................................................................. 5 Patientsper Grow Site Address............................................................................................................................. 6 PhysiciansAssociated with Patients...................................................................................................................... 6 Physicians by Total Patient Applications.............................................................................................................. 6 Reduced Card Application Fee Eligibility by Year............................................................................................... 6 Annual Card Participant Fluctuation..................................................................................................................... 7 Dispensariesby Oregon County............................................................................................................................ 7 Dispensary Applications Received by Year.......................................................................................................... 7 ProcessingSites by Oregon County...................................................................................................................... 7 Processing Site Applications Received by Year................................................................................................... 7 Card Applications Received by Year.................................................................................................................... 9 DataNotes: .............. ........................................................................................................................................... 10 Oregon Health Authority • Public Health Division • Oregon Medical Marijuana Program Statistical Snapshot, 01/2018— Page t Patients, Caregivers, Growers and Grow Sites' Patients Caregivers Growers Grow Sites Marling Address in OR 45,165 17,593 22,777 18,099 Mailing Address Outside OR 45 129 33 N/A Total 45,210 17,722 22,810 18,099 Patients, Caregivers, Growers and Grow Sites by Oregon County' Oregon Health Authority 0 Public Health Division • Oregon Medical Marijuana Program Statistical Snapshot, 01/2018- Page 2 Patients Caregivers Growers Grow Sites BAKER 198 81 127 105 BENTON 589 292 255 208 CLACKAMAS 2,926 1,406 1,479 1,291 CLATSOP 412 160 168 150 COLUMBIA 457 216 294 259 COOS 669 261 406 339 CROOK 291 129 141 136 CURRY 410 134 207 161 DESCHUTES 2,379 1,116 1,069 863 DOUGLAS 1,750 621 1,206 982 GRANT 98 53 < 50 < 50 HARNEY <50 < 50 < 50 < 50 HOOD RIVER 190 103 114 87 JACKSON 6,741 1,682 3,650 21,530 JEFFERSON 238 116 117 110 JOSEPHINE 5,544 1,172 3,520 2,435 KLAMATH 871 331 505 427 LAKE 83 <50 < 50 < 50 LANE 4,686 1,670 2,320 1,956 LINCOLN 973 485 271 232 LINN 1,242 642 685 579 MALHEUR 413 195 273 211 MAR10N 2,135 1,049 946 817 MORROW < 50 < 50 <50 < 50 MULTNOMAH 6,189 2,781 2,279 1,870 POLK 717 349 360 302 TILLAMOOK 332 149 147 134 UMATILLA 328 170 213 178 UNION 336 136 149 130 WALLOWA 70 < 50 < 50 < 50 WASCO 233 133 165 151 WASHINGTON 2,721 1,384 1,060 888 YAMHILL 719 342 366 319 Combined total for GILLIAM, SHERMAN, & WHEELER < 50 < 50 <50 < 50 Outside of Oregon 1 45 129 33 N/A County Not Reported88 97 53 38 Oregon Health Authority 0 Public Health Division • Oregon Medical Marijuana Program Statistical Snapshot, 01/2018- Page 2 Patients, Caregivers and Growers Outside of Oregon State Patients Caregivers Growers AK 0 0 1 AL 1 0 0 AR 0 1 0 AZ 2 5 0 CA 13 17 10 CO 0 1 0 FL 2 4 7 HI 1 0 1 ID 2 17 3 IL 1 1 0 KS 0 1 0 KiA7 1 0 0 State Patients Caregivers Growers MD 0 1 0 MI 0 1 0 MO 0 1 0 MT 2 0 1 NV 3 5 1 OH 0 1 1 PA 0 1 0 TN 0 1 0 TX 1 1 1 VA 1 1 0 WA 15 69 7 Total 45 129 33 Patients by Age Range (not all are 5 -year increments) Patient Age Range Count Percentage 0-10 88 0.2% 11— 15 88 0.2% 16-17 60 0.1% 18-20 658 1.5% 21-24 1,493 3.3% 25-29 3,099 6.90/1 30 — 34 4,016 8.9% 35-39 4,349 9.6% 40-44 3,834 8.5% Patient Age Range Count Percentage 45-49 3,820 8.4% 50-54 3,865 8.5% 55-59 5,323 11.8% 60-64 5,708 12.6% 65-69 4,897 10.8% 70-74 2,543 5.6% 75-79 902 2.0% 80+ 467 1.0% Total 45,210 100% Patients, Caregivers and Growers by Gender Patients Caregivers Growers Male 57% 52% 65% Female 43% 48% 35% Non Binary <0.1% < 0.1% < 0.1% Oregon Health Authority 6 Public Health Division • Oregon Medical Marijuana Program Statistical Snapshot, 01!2018— Page 3 Patients by Condition Condition Count of Reporting Patients Percentage of Reporting Patients Severe Pain 40,415 89.4% Spasms 9,263 20.5% Nausea 4,747 1 10.5% PTSD 4,509 10,0% Cancer 2,864 6.3% Neurological 1,759 3.9% Seizures 1,220 2.7% Glaucoma 688 1.5% Cachexia 635 1.4% HIV AIDS 397 0.9% Minor Patients Minor Patient Age Range Count 0-10 88 11-15 88 16-17 60 Total 236 Minor Patients by Condition Condition Count of Reporting Minor Patients Percentage of Reporting Minor Patients Seizures 94 39.8% Severe Pain 83 35.2% Neurological 46 19.5% Nausea 32 13.6% Spasms 28 11.9% PTSD 20 8.5% Cancer 14 5.9% Cachexia 6 2.5% Glaucoma, HIV/AIDS 0 1 0.0% Oregon Health Authority • Public Health Division • Oregon Medical Marijuana Program Statistical Snapshot, 01/2018— Page 4 Caregivers with Multiple Patients A caregiver must be 18 years or older and one individual may be designated by multiple patients. There are 17,719 caregivers designated by 19,332 patients. Caregivers per Patient3 16,873 1 539 2 158 3 64 4 27 5 15 6 15 7 7 8 4 9 4 10 5 11 1 12 1 14 1 15 2 16 1 17 2 22 17,719 19,332 "There are 16,873 caregivers with one patient each, 539 caregivers with two patients each ... there is one caregiver with 17 patients, and two caregivers with 22 patients." Growers with Multiple Patients A grower must be 21 years or older and one individual may grow for a maximum of four patients concurrently. There are 22,702 growers designated by 29,143 patients. Growers p.Sr Patient3 18,962 1 1,844 2 1,091 3 805 4 22,702 29,143 "There are 18,962 growers growing for one patient each, 1,844 growers growing for two patients each, 1,091 growers growing for three patients each, and 805 growers growing for four patients each." Oregon Health Authority 0 Public Health Division • Oregon Medical Marijuana Progmm Statistical Snapshot, 01/2018— Page 5 Patients per Grow Site Address' There are 18,140 grow site addresses designated by 29,159 patients. Patients era Grow Site Address 1 12,931 2 2,908 3 870 4 524 5 338 6 229 7 179 8 122 9 17 Patients 10 11 12 13 15 16 17 19 ,159 Grow Site Address 10 5 1 2 1 1 1 1 18,140 Physicians Associated with Patients "There are 12,931 grow site addresses with one registered patient, there are 2,908 grow site addresses with two registered patients ... there is one grow site address with 17 registered patients, and one grow site address with 19 registered patients." On 04/03/2018, there were 1,620 physicians associated with patients. There were 395 patients exempt from submitting medical documentation under ORS 475B.787 (11)5 Physicians by Total Patient Applications6 Patient Count of Patient SNAP Application Applications in Physicians Ran a Count Range 32% 1-449 12,063 1,595 > 450 33,531 25 "There are 1,595 physicians who are currently associated with between one and 449 patient applications, and account for 12,063 (26%) of applications. There are 25 physicians currently associated with 450 or more patient applications, and account for 33,531 (74%) of applications." Reduced Card Application Fee Eligibility by Year' Oregon Health Authority I Public Health Division I Oregon Medical Marijuana Program Statistical Snapshot, 01/2018-- Page 6 No Reduced Fee Eligibility SNAP OHP SSI VET 2012 60% 32% 2% 6% NIA 2013 62% 28% 5% 6% N/A 2014 56% 14% 22% 7% 1% 2015 56% 12% 25% 6% 1 1% 2016 52% 10% 25% 5% 8% 2017 49% 9% 25% 5% 12% rnenla o0 agosnsl 49% 7% 24% 6% 14% Oregon Health Authority I Public Health Division I Oregon Medical Marijuana Program Statistical Snapshot, 01/2018-- Page 6 Annual Card Participant Fluctuation8 Dispensaries by Oregon Counw CLACKAMAS Patients Caregivers Growers Grow Sites 04/2015 71,191 - 35,633 - 46,037 - 34,903 - 04/2016 73,715 1 +4% 33,489 -6% 43,291 -6% 28,774 -18% 04/2017 61,839 1 -16% 26,067 -22% 33,764 -22% 25,228 -12% 04/2018 45,210 � -27% 17,722 -32% 22,810 -32% 18,099 -28% Dispensaries by Oregon Counw CLACKAMAS 1 CROOK 1 GRANT 1 JACKSON 2 JOSEPHINE 1 KLAMATH 1 LANE 1 LINCOLN 2 LINN 1 MULTNOMAH 1 UNION 2 WASHINGTON 1 TOTAL 15 Processing Sites by Oregon County" MARION 1 MULTNOMAH 1 POLK 1 TILLAMOOK 1 WASHINGTON 2 TOTAL 6 Dispensary Applications Received by Year" New Renewal Total 2014 623 0 623 Partial (3/14 -12/14) 322 Partial (4/16 -12/16) 2015 522 229 751 2016 118 328 446 2017 10 18 28 2018 0 2 2 Partial (1/18-3(18) Processing Site Applications Received by Year10 Oregon Health Authority • Public Health Division " Oregon Medical Marijuana Program Statistical Snapshot, 01/2018- Page 7 New Renewal Total 2016 322 0 322 Partial (4/16 -12/16) 2017 17 1 18 2018 0 1 1 Partial (1/18-3/18) Oregon Health Authority • Public Health Division " Oregon Medical Marijuana Program Statistical Snapshot, 01/2018- Page 7 A ghunf .3 tn�� f Lro°p M' ® LI9°o niR LI -00S: AP P LlatV t-mr lr m' e { oa L•t°W Iii3`r�' L19^tl "Iaiw: � 91•h°N ;I sr �P ' 9190p a idt. ®®� 9I�]OS .,� �1.�V vn1 R.U• ® E 91-X.yq 9I -AV 91.0°1N it n:', B� 9I•S^I r� @�s sI -0°p 7MiT �P v ` 51 vo � •n � s L9n V g37 i F! SI•Inf y. shunt r � sh�dv ® SI- V4 W 1':- ®% 91.4^11 v=. op � f� •J Ik 61900 0•✓~..�; ve 01•P0r 8�7:y1 in m bl• V qR: % bt•+°W df 23 � � ® � fl•J^s ��s P tl fl w • 33 C Y P o m ZR EI-Inr � flauir GI S.:/! �4 EI -+JV O Data Notes: 1 Participant counts are based on unique combinations of person, role (patient, caregiver, grower) and mailing address county. If one person is the caregiver for three patients and has a mailing county of Multnomah on all three patient applications, he or she would be counted once as a caregiver in Multnomah County. If one person is a caregiver for three patients and has Multnomah as a mailing address on one patient application and Clackamas on the other two patient applications, he or she would be counted once as a caregiver in Multnomah County, and once as a caregiver in Clackamas County. Data source changed beginning in 04/2018. Grow site address counts are based on unique addresses. If one address is designated as the grow site for three patients, it will be counted once. 2 Conditions are not mutually exclusive; one patient may report one or more conditions. Used Patients by Age Range total to obtain percentage. s Patient count obtained by multiplying the number of patients by the number of caregivers, growers or grow site addresses, as applicable, and summing up the total. Used Patient by Age Range total to obtain patients without caregivers or growers. Count may contain duplicate grow site addresses. OMMP Grow site addresses were migrated to a new database (OMMG) in 02/2016. An initial deduplication of addresses was deployed in 10/2016 which consolidated exact duplicate addresses and patient counts. s Renewing patients are not required to submit medical documentation if they are a US service disabled veteran who has been assigned a total and permanent disability rating for compensation that rates the veteran as unable to secure or follow a substantially gainful occupation as a result of service connected disability or has a USVA total disability rating of 100% and received an honorable discharge. See ORS 475B.797(11). 6 Count may contain duplicate patients if a patient has both active cards and a pending renewal application. 7 OMMP application fee types and current amounts are as follows: • "No Reduced Fee": No reduced fee proof is submitted with the application. Fee is $200. • "SNAP": Acceptable Oregon Supplemental Nutrition Assistance Program proof is submitted with the application. Fee is $60. • "OHP": Acceptable Oregon Health Plan proof is submitted with the application. Fee is $50. ■ "SSI": Acceptable Supplemental Security Income proof is submitted with the application. Fee is $20. • "VET": Proof of having served in the US armed forces is submitted with the application. Fee is $20. Percentages from 2012 through 2015 rounded beginning with the 01/2018 Snapshot. s Shows an annual increase/decrease from the prior year time frame for all participant -types. 'Compiled 04/03/2018 from: littp://www.oi-egon.gov/oha/1111-1/DiscasesCOtldlilOtlS/Cl7ronicDiseaselMedicalMariivanaProt*ram/!'aees/dispentar� directory.aSpX to Count includes all applications received with payment. Not all received applications are approved. 11 Compiled 04/03/18 from: littp://www.orec,,oti.goN,/olia/Pil/DISEASESCONDII'lONS/Cl-I RON ICDISEASE/M EDICALM AR IJ U AN APROGR AM/Payes/processors.a 9A Statistics compiled 04/03118 There will be natural fluctuations in statistical totals due to workflow and timing of compilation. Oregon Health Authority • Public Health Division ° Oregon Medical Marijuana Program Statistical Snapshot, 04/2018 — Page 9 Attachment B -5- Chapter 18.116. SUPPLEMENTARY PROVISIONS 18.116.330 Marijuana Production, Processing, and Retailing 18.116.340 Marijuana Production Registered by the Oregon Health Authority (OHA) 18.116.330. Marijuana Production, Processing, and Retailing A. Applicability. Section 18.116.330 applies to: 1. Marijuana Production in the EFU, T 4 Tom^ -10, and RI zones. 2, Marijuana Processing in the EFU, Tor Tom^ 10, TeC, TeCR, TuC, TuI, RI, and SUBP zones 3. Marijuana Retailing in the RSC, TeC, TeCR, TuC, TuI, RC, RI, SUC, SUTC, and SUBP zones. 4. Marijuana Wholesaling in the RSC, TeC, TeCR, TuC, RC, SUC, and SUBP zones. B. Marijuana production and marijuana processing. Marijuana production and marijuana processing shall be subject to the following standards and criteria: 1. Minimum Lot Area. a. In the EFU a -ad 1 A 10 zones, the subject legal lot of record shall have a minimum lot area of five (5) acres. 2. Indoor Production and Processing. within one or more fully enelosed buildings with eefwentienal or post ffamed opaquej rigid walls and reef eevering. Use of greenhouses, heap houses, and similaf non rigid - a. In the EFU zone, marijuana production and processing shall only be located in buildings, including greenhouses, hoop houses, and similar structures. b. In all zones, marijuana production and processing are prohibited in any outdoor area. 3. Maximum Mature Plant Canopy Size. In the EFU zone, the maximum canopy area for mature marijuana plants shall apply as follows: a. Parcels from 5 acres to less than 10 acres in lot area: 2,500 square feet. b. Parcels equal to or greater than 10 acres to less than 20 acres in lot area: 5,000 square feet. The maximum canopy area for mature marijuana plants may be increased to 10,000 square feet upon demonstration by the applicant to the County that: i. The marijuana production operation was lawfully established prior to January 1, 2015; and ii. The increased mature marijuana plant canopy area will not generate adverse impact of visual, odor, noise, lighting, privacy or access greater than the impacts associated with a 5,000 square foot canopy area operation. c. Parcels equal to or greater than 20 acres to less than 40 acres in lot area: 10,000 square feet. d. Parcels equal to or greater than 40 acres to less than 60 acres in lot area: 20,000 square feet. e. Parcels equal to or greater than 60 acres in lot area: 40,000 square feet. n M u ild L'1eer- &e in the N4U 10 zone, b the maximum 1.,,;1. ing fleet -area � a. Par -eels from 5 aeres to less than 10 aeres in lot area: 2,500 square feet. b. Par -eels equal -to or greater --than 10 aeres: 5,000 n,., a fe feet. -54. Limitation on License/Grow Site per Parcel. No more than one (1) Oregon Liquor Control Commission (OLCC) licensed marijuana production or Oregon Health Authority (OHA) Chapter 18.116 registered medical marijuana grow site shall be allowed per legal parcel or lot. 65. Setbacks. The following setbacks shall apply to all marijuana production and processing areas and buildings: a. Minimum Yard Setback/Distance from Lot Lines: _2100 feet. b. Setback from an off-site dwelling: 5-300 feet. For the purposes of this criterion, an off-site dwelling includes those proposed off-site dwellings with a building permit application submitted to Deschutes County prior to submission of the marijuana production or processing application to Deschutes County. e. for Airy rcd� tier tl - 1 1�- eq��i e� � y t b d-by-die 121aiB3iing4) fees ar--m--14em iugs-Body-f tcs-he—ile eed 76. Separation Distances. Minimum separation distances shall apply as follows: a. The use shall be located a minimum of 1000 2,640 feet from: i. A public elementary or secondary school for which attendance is compulsory under Oregon Revised Statutes 339.010, et seq., including any parking lot appurtenant thereto and any property used by the school; ii. A private or parochial elementary or secondary school, teaching children as described in ORS 339.030(1)(a), including any parking lot appurtenant thereto and any property used by the school; iii. A licensed child care center or licensed preschool, including any parking lot appurtenant thereto and any property used by the child care center or preschool. This does not include licensed or unlicensed child care which occurs at or in residential structures; iv. A youth activity center; aiid v. National monuments and state parks;... vi. P434eFederallands.;_a vii.. Redmond Urban fte�ve l�rca; viii. The boundM of an l� jurisdiction that has opted out of Oregon's recreational marijuana program; and ix. Any other lot or parcel alTroved by_ escl_Zutes County- fbr- marijuana production. b. For purposes of DCC 18.116.330(B)(; 6), all distances shall be measured from the lot line of the affected properties listed in DCC 18.116.330(13)(76)(a) to the closest point of the buildings and land area occupied by the marijuana producer or marijuana processor. c. A change in use of another property to those identified in DCC 18.116.330(13)(76) shall not result in the marijuana producer or marijuana processor being in violation of DCC 18.116.330(B)(76) if the use is: i. Pending a local land use decision; ii. Licensed or registered by the State of Oregon; or iii. Lawfully established. .97. Access. Marijuana production over 5,000 square feet of canopy area for mature marijuana plants shall comply with the following standards. a. Have frontage on and legal direct access from a constructed public, county, or state road; or b. Have access from a private road or easement serving only the subject property. c. If the property takes access via a private road or easement which also serves other properties, the applicant shall obtain written consent to utilize the easement or private road for marijuana production access from all owners who have access rights to the private road or easement. The written consent shall: i. Be on a form provided by the County and shall contain the following information; Chapter 18.116 ii. Include notarized signatures of all owners, persons and properties holding a recorded interest in the private road or easement; iii. Include a description of the proposed marijuana production or marijuana processing operation; and iv. Include a legal description of the private road or easement. 98. Lighting. Lighting shall be regulated as follows: a. Inside building lighting, including greenhouses, hoop houses, and similar structures, used for marijuana production shall not be visible outside the building from-sundown to f--�llowia? day. _ b. Lighting fixtures shall be fully shielded in such a manner that all light emitted directly by the lamp or a diffusing element, or indirectly by reflection or refraction, is projected below the horizontal plane through the lowest light-emitting part. c. Light cast by exterior light fixtures other than marijuana grow lights shall comply with DCC 15. 10, Outdoor Lighting Control. 109. Odor. As used in DCC 18.116.330(B)(91F1), building means the building, including greenhouses, hoop houses, and other similar structures, used for marijuana production or marijuana processing. Qdor r aduce i hy_r11a10u nna_ rocdcdonl ar?d. processing cor�1 with the following: a_Standard. _To prevent unreasonable of nei zhbors-'_useand eniovnlent of the rr pt<?k?erd no adverse or noxious odors shall be detectable tvond the,plolle, ty line. b,Odor _control plan To._e1sure that the standard stated. in DC__t' 18,I._16JN0 i1)Jq)is c ontinuously..mct,tthe anolicaot shall submit an odor contrOljAan_Mpp i(d aild_stanlpeci by a r ec,hanic.al engine er_licenscd in the State; of Oregon that includes the followiri i.__'I'he mechailucal_en�iseez-'s qua] ifications and._exgeric!-L(Leith.systonl hess n rra operatianal audits of effective odor control and 111iti ation systcros; ii. A detailed analysts of the rnethodo-logy, which has been independently researched and tested, that will be relied upon to effectively control odor on the sul�tcct y�r_o erty. iii. detailed deseri DY 1 of any odor control stems that will ._17e_uti.Iize d rticluding ppieri ational schedules andrnaintenance intervals, tv. � ontis?-enceineasut es_if any aspect of the aclot�c,oatrol plan_f. rigs or is n,ot follTyed,or if it is otherwise shove? that the standard stated in QQQ 1 .116_ � �. isnot .r?let; - --- - — — y_'I'c,stinl�_.protoq(As afld_inter-_v_al_szand vi. Identification of the responsibleparties_tasked sx>>th_ir ?ictllent rl each aspect of the odor control olan.- c__,_,_ ConT iarr_ce. On—oing compliance with the odor control Flan is J-Da1_dator andaall be ensured with a t)erinit condition of 'I rovai _hut cow-oliance with the odorcontrol plaadoes not supersede required co npiiance with the standard set forth—in DCC 18.11(3 0f1- 9i._lf ovicled ri livable state statutes, private actions allc6n nuisance, or_tre-soass_associated withodor inn7�acts are authorized. d. _ Modifications. Modifications to the odor control planshall be roved in the same znaone_r as a modification to_a land use action}.pursuant to DCC 22._36 040. time-s �:n n1 C E i?a 31 - 1 t£ i=f ren�c 6 r3( �1?r Lam i2d tii��E 13?E r? f3f tl?eli= lyroi ft�' 1��--�r�-edor=-€;or?t��l-s�:;te-r�r?-is-d<�r??4:-rr??lite-d-or?lye-afte-r-tl?�-appliczai?�s�-its--a ref�or=t by r??e ?ar?real er ii r l r?sed in-tl?e--State--6f0re�n denm— ,A+,,,"i uutl?c�ri�d.7�sicr�r���ill-�ffc��ti���1�-and�o�drtuaa��ly-czar?tr=oll-odor=����� �?ot- t�� Chapter 18.116 are d: --The- kCA-'­M-Yeq-A­ent­ -w4-dtl-i muI44pkad +a"e-rated-for-the-required mil Fgati off e ----The 441 O.Noise. Noise produced by marijuana production and marijuana processing shall comply with the following: (-)dor-e6rai2ol-44ffi. -ai%Lsiiii Uffl41-me ti ons b- 2 a. Standard. To prevent unreasonable interference of neiO)bors' use and eniovinent of y, sustained noise shall not be detectable beyond the property line above 30 dH%AJkqtw 10:00t)jiiand 7:00aiiitl)ef'ollowiI day. i. For purposes of DQQ 18.116.330f�.)flq _)su.s... .....tained noise" shall nuc noise .... lastingnIopie than two continuous ininutes or two total innrutes in a one hou jr _d froze rnechanicaleqjjrl2njgn use _c _or qAtL 1 _g i_l_tQt_L6r_conditionodor control, fans similar functions associated with ma uana production and 11 _pIoA1 _ ProeqsSi .17Lg- b. Noise control olanj'o ensure that the standard stated in DCC 18.I16J30(L3).(ITis continuously inet, the anplicant shall submit a noise control _j��In -L veam pared and Stamped by ALIucl mi I I ca I c nj 1IL(Ledicei sed in the State of Oregon that includes the follo i. The mechanical en ineer's q qlLifica6ns o and experience with Systedesi.—n----a- -nd 9_pSEdt or�al audit of effectivenose control and­niti­ ati­o­n sy-S--e ms� ii. AdqqflqAijqlysis ofthe ri-icthodologyIlat N, IIJI ctjygly l control noise on Ithe.s We­c�, 2ropwyt - -, -- -.-I -Im _ iii. A detailed descrit)tion of anv noise control systems_that will be,utilized ,-including q 2crational -se ' hedule - I s and in ' ainteriance - interva,1,S iv- . Cgqnce owin ineasures if any aspect of the noise control olan fails or is not _­._ __ ---- followed, or if it is otherwise shown that the standard stated in DCC 1-8.110, 3 3_Q(B)Jj 0)_is notniet, v, T s e _L000lsaiLcl inlervaK and vi. Identification of the resoonsible parties tasked. with iniplm ientinig eq t f the noise controlplaan. SL_QLIIxPjIancc. g�-g2illty _coonliance with the noise control plan is mandat(my andshall -_ 1 g__ be ensured with a Derinit condition kn_cc_wi&th the. noise control .. . . . ...... plandoes not supersede required cqmL)Liance_ with the standard set forth in DQQ 18.11 O(B 6.33 -9).. I[prqKLdedLnI aoolicable state statutes, private actions alle izz nuisance or trespass associated with odor in-wacts are authorized. d. Modifications. Modifications to the noise contro1 Flan oshAll be aWL--yed in the same i-nanner as a inodif ication to a land use action pursuant to DCC 22_36.040_ 4-21 l.Screening and Fencing. The following screening standards shall apply to greenhouses, hoop houses, and similar non -rigid structures and land areas used for marijuana production Chapter 18.116 and processing: a. All marijuana uses,buildin s structures,.. fences, and storageand marl lm� caste whether a buitdizng_I crl»it is required or not, in the LandscaFe Maim lent Cor ibminr_ Zof1e,_shall comp with apd_i_gqi re -Suhjea+e-DCC 18.84, Landscape Management Combining Zone approval;-if-applieabh--. b. Fencing shall be finished in a muted earth tone that blends with the surrounding natural landscape and shall not be constructed of temporary materials such as plastic sheeting, hay bales, tarps, etc., and shall be subject to DCC 18.88, Wildlife Area Combining Zone, if applicable. c. Razor wire, or similar, shall be obscured from view or colored a muted earth tone that blends with the surrounding natural landscape. d. The existing tree and shrub cover screening the development from the public right-of- way or adjacent properties shall be retained to the maximum extent possible. This provision 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. 4-312. Water. Water use from az7y_source _fgzrnaz_ijuaz7a__prroduction_shall__cornpl_ _w th all apLAicablestate statutes and regulations. The applicant shall provide: a. A copy of a water right permit, certificate, or other water use authorization from the Oregon Water Resource Department; or b. A will, serve statement that water is supplied from a public or private water provider, along with a will haul statement lncludim2 the name and contact information of the water preA4&rhauler; or c --Proof from the Oregon Water Resources Department that the water to be used is from a source that does not require a water right. e-.d.If multir?le sources ofwater are bcins _I roPoscci dutin;7_the year, I e applicant_ shall provide proof from the controlling entity that theavater_c�an tx a��i_m__a ed to lijualta roduction. -113.Fire protection for processing of cannabinoid extracts. Processing of cannabinoid extracts shall only be permitted on properties located within the boundaries of or under contract with a fire protection district. -1-514.Utility Verification. Utilitv. statements idezttifyin the_pr_oI�gs(Ld -op ciation_,_or_c�I�c zatiol7al characteristics such as requ7red electrical load. and tinning„of such_ electrical loads and Aa statement from each utility company proposed to serve the operation, stating that each such company is able and willing to serve the operation, shall be provided. 4-615. Security Cameras. If security cameras are used, they shall be directed to record only the subject property and public rights-of-way, except as required to comply with requirements of the OLCC or the OHA. 4716. Secure Waste Disposal. a_Marijuana waste shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee or OHA Person Responsible for the Grow Site (PRMG). hWA statement is also reauiz_ed describizluhow anv water runoff is beimaddressed_ 18 Resideney. in the TAT T A 1 nf � tt F 11 ide in e' o o b shall dwelling uflit , the ,b.; et prop"-. a. An owner of the s„b jeet p,-eY eA! - b. n holder of an OLGG 1 e ear-ijuana ad etip provided 4; -At the, lieemiapplies to the stlt�eet se 0 e. A personr-egste ed with the nun as a per -son designated t, pr-e,l,marijua-na1.. t« -y ide«.tit;....t: u.,ri.ei e:, Y•.,ided_tha4 the .gib.str»t...applies t, the .1jeet pr-opei4y. Chapter 18.116 4-917.-Nonconformance. All medical marijuana grow sites lawfully established prior to June 8, 2016 by the Oregon Health Authority shall comply with Ordinance_2016-010 and-w4h the provisions of DCC 18.116.330(B)(9) by September 8, 2016 and with the provisions of DCC 18.116.330(B)(10-12, 16, 17) by December 8, 2016. 2918. Prohibited Uses. a. In the EFU zone, the following uses are prohibited: i. A new dwelling used in conjunction with a marijuana crop; ii. A farm stand, as described in ORS 215.213(1)(r) or 215.283(1)(0), used in conjunction with a marijuana crop; iii. A commercial activity, as described in ORS 215.213(2)(c) or 215.283(2)(a), carried on in conjunction a marijuana crop; and i-,—Agri-tourism and other commercial events and activities in conjunction with a marijuana crop. b. in the N4 r n 10 Zone, the following uses are prohibited: with eb. In the EFU, "'�T—=.� ^�0� and Rural Industrial zones, the following uses are prohibited on the same property as marijuana production: i. Guest Lodge. ii. Guest Ranch. iii. Dude Ranch. iv. Destination Resort. v. Public Parks. vi. Private Parks. vii. Events, Mass Gatherings and Outdoor Mass Gatherings. viii. Bed and Breakfast. ix. Room and Board Arrangements. C. Marijuana Retailing. Marijuana retailing, including recreational and medical marijuana sales, shall be subject to the following standards and criteria: 1. Hours. Hours of operation shall be no earlier than 9:00 a.m. and no later than 7:00 p.m. on the same day. 2. Odor. The building, or portion thereof, used for marijuana retailing shall be designed or equipped to prevent detection of marijuana plant odor off premise by a person of normal sensitivity. 3. Window Service. The use shall not have a walk-up or drive-thru window service. 4. Secure Waste Disposal. Marijuana waste shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee or OHA registrant. 5. Minors. No person under the age of 21 shall be permitted to be present in the building, or portion thereof, occupied by the marijuana retailer, except as allowed by state law. 6. Co-Location of Related Activities and Uses. Marijuana and tobacco products shall not be smoked, ingested, or otherwise consumed in the building space occupied by the marijuana retailer. In addition, marijuana retailing shall not be co-located on the same lot or parcel or within the same building with any marijuana social club or marijuana smoking club. 7. Separation Distances. Minimum separation distances shall apply as follows: a. The use shall be located a minimum of 1,000 feet from: i. A public elementary or secondary school for which attendance is compulsory under Oregon Revised Statutes 339.010, et seq., including any parking lot appurtenant thereto and any property used by the school; ii. A private or parochial elementary or secondary school, teaching children as described in ORS 339.030(1)(a), including any parking lot appurtenant thereto and any property used by the school; Chapter 18.116 iii. A licensed child care center or licensed preschool, including any parking lot appurtenant thereto and any property used by the child care center or preschool. This does not include licensed or unlicensed family child care which occurs at or in residential structures; iv. A youth activity center; v. National monuments and state parks; and vi. Any other marijuana retail facility licensed by the OLCC or marijuana dispensary registered with the OHA. b. For purposes of DCC 18.116.330(CI3)(7), distance shall be measured from the lot line of the affected property to the closest point of the building space occupied by the marijuana retailer. For purposes of DCC 18.116.330((-'H)(7)(a)( vi), distance shall be measured from the closest point of the building space occupied by one marijuana retailer to the closest point of the building space occupied by the other marijuana retailer. c. A change in use to another property to a use identified in DCC 18.116.330(014)(7), after a marijuana retailer has been licensed by or registered with the State of Oregon shall not result in the marijuana retailer being in violation of DCC 18.116.330(1 1 )(7). D. Infections app Annual Reporting L An annual report shall be submitted to the Community Development Department by the real property owner or licensee, if different, each February 1, documenting all of the following as of December 31 of the previous year, including the applicable fee as adopted in the current County Fee Schedule and a fully executed Consent to Inspect Premises form: a. Documentation demonstrating compliance with the: i. Land use decision and permits. ii. Fire, health, safety, waste water, and building codes and laws. iii. State of Oregon licensing requirements. b. Failure to timely submit the annual report, fee, and Consent to Inspect Premises form or to demonstrate compliance with DCC 18.116.330(l)C)(1)(a) shall serve as acknowledgement by the real property owner and licensee that the otherwise allowed use is not in compliance with Deschutes County Code; authorizes permit revocation under DCC Title 22, and may be relied upon by the State of Oregon to deny new or license renewal(s) for the subject use. c. Other information as may be reasonably required by the Planning Director to ensure compliance with Deschutes County Code, applicable State regulations, and to protect the public health, safety, and welfare. d. As a cOnditioal of ap oroval" the al?-�licant mi ust consent_ in writing to allow Deschutes Coin tom randnlly_and_without.prior notice inspect the premises and ascertain the extent and effectiveness of the odor controlsystem(s). Inspections may be conducted by the Countyupto %urAorl tunes per calendar year, including one inspection prior to the initiation of use. _ __^ g7d�tffemjses afldto aseet4aip t'Q o eff-eetiveness ^r^a^r-, ..tre r.�,or���.>4 j C 1 �11�1a3tc�ko tahii l dnod c.. --.-Conditions of Approval Agreement to be established and maintained by the Community Development Department. e:f Docunientation_that _Systc1j Qev lop n t llarges_have; been paid_ f..g.This information shall be public record subject to ORS 192.502(17). (Ord. 2018-xxx fix, 2018; Ord. 2016-015 §10, 2016) 18.116.340. Marijuana Production Registered by the Oregon Health Authority (OHA) A. Applicability. Section 18.116.340 applies to: 1. All marijuana production registered by OHA prior to June 1, 2016; and Chapter 18.116 C C. 2. All marijuana production registered by OHA on or after June 12016 until the effective date of Ordinances 2016-015, 2016-16, 2016-17, and 2016-18, at which time Ordinances 2016- 015 through Ordinance 2016-018 shall apply. All marijuana production registered by OHA prior to June 1, 2016 shall comply with the following standards by September 15, 2016: 1. Lighting. Lighting shall be regulated as follows: a. Inside building lighting, including greenhouses, hoop houses, and similar structures, used for marijuana production shall not be visible outside the building from 7:00 p.m. to 7:00 a.m. on the following day. b. Lighting fixtures shall be fully shielded in such a manner that all light emitted directly by the lamp or a diffusing element, or indirectly by reflection or refraction, is projected below the horizontal plane through the lowest light -emitting part. c. Light cast by exterior light fixtures other than marijuana grow lights shall comply with DCC 15. 10, Outdoor Lighting Control. All marijuana production registered by OHA prior to June 1, 2016 shall comply with the following standards by December 15, 2016: 1. Odor. As used in DCC 18.116.34�0(C' )(4-0), building means the building, including greenhouses, hoop houses, and other similar structures, used for marijuana production or marijuana processing. a. The building shall be equipped with an effective odor control system which must at all times prevent unreasonable interference of neighbors' use and enjoyment of their property. b. An odor control system is deemed permitted only after the applicant submits a report by a mechanical engineer licensed in the State of Oregon demonstrating that the system will control odor so as not to unreasonably interfere with neighbors' use and enjoyment of their property. c. Private actions alleging nuisance or trespass associated with odor impacts are authorized, if at all, as provided in applicable state statute. d. The odor control system shall: i. Consist of one or more fans. The fan(s) shall be sized for cubic feet per minute (CFM) equivalent to the volume of the building (length multiplied by width multiplied by height) divided by three. The filter(s) shall be rated for the required CFM; or ii. Utilize an alternative method or technology to achieve equal to or greater odor mitigation than provided by i. above. e. The system shall be maintained in working order and shall be in use. 2. Noise. Noise produced by marijuana production and marijuana processing shall comply with the following: a. Sustained noise from mechanical equipment used for heating, ventilation, air condition, odor control, fans and similar functions shall not exceed 30 dB(A) measured at any property line between 10:00 p.m. and 7:00 a.m. the following day. b. Sustained noise from marijuana production is not subject to the Right to Farm protections in DCC 9.12 and ORS 30.395. Intermittent noise for accepted farming practices is however permitted. 3. Screening and Fencing. The following screening standards shall apply to greenhouses, hoop houses, and similar non -rigid structures and land areas used for marijuana production and processing: a. Subject to DCC 18.84, Landscape Management Combining Zone approval, if applicable. b. Fencing shall be finished in a muted earth tone that blends with the surrounding natural landscape and shall not be constructed of temporary materials such as plastic sheeting, Chapter 18.116 hay bales, tarps, etc., and shall be subject to DCC 18.88, Wildlife Area Combining Zone, if applicable. c. Razor wire, or similar, shall be obscured from view or colored a muted earth tone that blends with the surrounding natural landscape. d. The existing tree and shrub cover screening the development from the public right-of- way or adjacent properties shall be retained to the maximum extent possible. This provision 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. 4. Water. The applicant shall provide: a. A copy of a water right permit, certificate, or other water use authorization from the Oregon Water Resource Department; or b. A statement that water is supplied from a public or private water provider, along with the name and contact information of the water provider; or c. Proof from the Oregon Water Resources Department that the water to be used is from a source that does not require a water right. 5. Security Cameras. If security cameras are used, they shall be directed to record only the subject property and public rights-of-way, except as required to comply with requirements of the OLCC or the OHA. 6. Secure Waste Disposal. Marijuana waste shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee or OHA Person Responsible for the Grow Site (PRMG). 7. Inspections and Annual Reporting. All mariivana production registered by OHA prior to June 1 2016 shall comply with DCC 18.116.340(D)(8) when site locations are released by the State of Oregon. D. All new marijuana production registered by OHA on or after June 1, 2016 shall comply with DCC 18.116.3430(A-B3C-) and the following standards: 1. Shall only be located in the following zones a. EFU; or b-.-.-M-J-A---i-0; - e b_Rural Industrial in the vicinity of Deschutes Junction. 2. Minimum Lot Area. a. In the EFU and N4UA 10 zones, the subject property shall have a minimum lot area of five (5) acres. 3. Maximum Bttildi+ig Floor- Afea. in the NIUA 10 e, Wilding floor- area shall be� D 1 ffem Gaer-es t less than 10aer-es2afea�,500 square feet.-. b--reels equal to or-greater-than 10 aeres: 5,000 squife feet. 43. Setbacks. The following setbacks shall apply to all marijuana production areas and buildings: a. Minimum Yard Setback/Distance from Lot Lines: -1-200 feet. b. Setback from an off-site dwelling: 5400 feet. For the purposes of this criterion, an off-site dwelling includes those proposed off-site dwellings with a building permit application submitted to Deschutes County prior to submission of the marijuana production or processing application to Deschutes County. tiers4e-4h se--: etbaek-feq rirei�ne*-s ,,ay-be &fai d-ll1_t e-4 se-le14on a4fl 1'1,mnin inns-Boy ie&44c&he—applie-aat,d�*0-as lmtce t-dle- f feduaed-wtlxie4l s-a-f=ftp=€1-equ-a,-,)r- seater-n-iidigati(mi� of -54. Indoor Production and Processing. Chapter 18.116 65. 76. a-. in the N4UA 10 zene, mar-ijea-na prediiefien shall be leeated enfirely within one or mere fully enelesed buildings with conventional or- post framed opaque, rigid walls and voe . ag. Use of greenhouses, heop houses, and similar nan rigid stf:ble�ures is pFehibife a. In the EFU zone, marijuana production shall only be located in buildings, including greenhouses, hoop houses, and similar structures. b. In all zones, marijuana production is prohibited in any outdoor area. Maximum Mature Plant Canopy Size. In the EFU zone, the maximum canopy area for mature marijuana plants shall apply as follows: a. Parcels from 5 acres to less than 10 acres in lot area: 2,500 square feet. b. Parcels equal to or greater than 10 acres to less than 20 acres in lot area: 5,000 square feet. The maximum canopy area for mature marijuana plants may be increased to 10,000 square feet upon demonstration by the applicant to the County that: i. The marijuana production operation was lawfully established prior to January 1, 2015; and ii. The increased mature marijuana plant canopy area will not generate adverse impact of visual, odor, noise, lighting, privacy or access greater than the impacts associated with a 5,000 square foot canopy area operation. C. Parcels equal to or greater than 20 acres to less than 40 acres in lot area: 10,000 square feet. d. Parcels equal to or greater than 40 acres to less than 60 acres in lot area: 20,000 square feet. e. Parcels equal to or greater than 60 acres in lot area: 40,000 square feet. Separation Distances. Minimum separation distances shall apply as follows: a. The use shall be located a minimum of 4OW2, 440 feet from: i. A public elementary or secondary school for which attendance is compulsory under Oregon Revised Statutes 339.010, et seq., including any parking lot appurtenant thereto and any property used by the school; ii. A private or parochial elementary or secondary school, teaching children as described in ORS 339.030(1)(a), including any parking lot appurtenant thereto and any property used by the school; iii. A licensed child care center or licensed preschool, including any parking lot appurtenant thereto and any property used by the child care center or preschool. This does not include licensed or unlicensed child care which occurs at or in residential structures; iv. A youth activity center; and v. National monuments and state parks,• vi. , Federal lands and vii. Redmond _Urban Rcs i vei�gq; viii. The boundary of any local jurisdiction that has opted out of Oregon's recreational marijuana program; and ix. Any other lot or parcel app _rg-vLcdy-j2g5 7utes_Couni for- marijuana production. b. For purposes of DCC 18.116.3-30(1`;1-3)(76), all distances shall be measured from the lot line of the affected properties listed in DCC 18.116.3430(1 4)(76)(a) to the closest point of the buildings and land area occupied by the marijuana producer or marijuana processor. c. A change in use of another property to those identified in DCC 18.116.3430(S2li)(-76) shall not result in the marijuana producer or marijuana processor being in violation of DCC 18.116.330(B)(76) if the use is: i. Pending a local land use decision; ii. Registered by the State of Oregon; or Chapter 18.116 10 iii. Lawfully established. 97. Access. Marijuana production over 5,000 square feet of canopy area for mature marijuana plants shall comply with the following standards. a. Have frontage on and legal direct access from a constructed public, county, or state road; or b. Have access from a private road or easement serving only the subject property. c. If the property takes access via a private road or easement which also serves other properties, the applicant shall obtain written consent to utilize the easement or private road for marijuana production access from all owners who have access rights to the private road or easement. The written consent shall: i. Be on a form provided by the County and shall contain the following information; ii. Include notarized signatures of all owners, persons and properties holding a recorded interest in the private road or easement; iii. Include a description of the proposed marijuana production or marijuana processing operation; and iv. Include a legal description of the private road or easement. 9.Resideney. 7 the N4 T A 10 z o ..........1-1- of ane afthe following shall reside ill dwelling ;t o the „b.•eet p eA `J ZZ- Ain 'C/l'Av'xx . of ...... s;I lbjeet Y. ..Y... ..J, O. b. n per-senregistered with the nun a designated to ~ e"ee _..» ;,tan > .. » �op"�p Y' rty. 448.jLispections _and Annual Reporting. An annual report shall be submitted to the Community Development Department by the real property owner or licensee, if different, of in ituana P q&o tion.reeistered byQHleach February 1, documenting all of the following as of December 31 of the previous year, including the applicable fee as adopted in the current County Fee Schedule and a fully executed Consent to Inspect Premises form: a. Documentation demonstrating compliance with the: i. Land use decision and permits. ii. Fire, health, safety, waste water, and building codes and laws. iii. State of Oregon licensing requirements. b. Failure to timely submit the annual report, fee, and Consent to Inspect Premises form or to demonstrate compliance with DCC 18.116.3430(C)(8) shall serve as acknowledgement by the real property owner and licensee that the otherwise allowed use is not in compliance with Deschutes County Code; authorizes permit revocation under DCC Title 22, and may be relied upon by the State of Oregon to deny new or license renewal(s) for the subject use. c. Other information as may be reasonably required by the Planning Director to ensure compliance with Deschutes County Code, applicable State regulations, and to protect the public health, safety, and welfare. d. Nzl­ar�J�d ina- €rnaii_ taina, 4-l; — lre-Gafii t+t i€t f a condition of Approval, elle afplicalitmust consent in writing to allow Deschutes ountv_to rraandool_y and withouti-ior notice, _uF_to four (4) tit7lestalc radaryearzlsccitpeeph _ to ascertain the extent and effectiveness of for odor control.. e. Conditions of Approval Agreement to be established and maintained by the Community Development Department. f. Docurnentation that System Develo n1( ipt Charges have teen laid. e.g.This information shall be public record subject to ORS 192.502(17). 449.Prohibited Uses. a. In the EFU zone, the following uses are prohibited: Chapter 18.116 11 i. A new dwelling used in conjunction with a marijuana crop; ii. A farm stand, as described in ORS 215.213(1)(r) or 215.283(1)(0), used in conjunction with a marijuana crop; iii. A commercial activity, as described in ORS 215.213(2)(c) or 215.283(2)(a), carried on in conjunction a marijuana crop; and iv. Agri -tourism and other commercial events and activities in conjunction with a manjuana crop. b. in the N4UA 10 Zone, the fellowin uses are prohibitedi i. Commercial aetivities in eonjunetien with farm use when eaffied an in 001��etio with eb. In the EFU, "STA -1-0-,_ and Rural Industrial zones, the following uses are prohibited on the same property as marijuana production: Guest Lodge. i. Guest Ranch. ii. Dude Ranch. iii. Destination Resort. iv. Public Parks. v. Private Parks. vi. Events, Mass Gatherings and Outdoor Mass Gatherings. vii. Bed and Breakfast. viii. Room and Board Arrangements. (Ord. 2018-xxx §x, 2018; Ord. 2016-019 §1, 2016) Chapter 18.116 12 Attachment C 01 Chapter 22.24. LAND USE ACTION HEARINGS 22.24.010. Filing of Staff Report for Hearing. 22.24.020. Hearings Body. 22.24.030. Notice of Hearing or Administrative Action. 22.24.040. Contents of Notice. 22.24.050. Burden of Proof. 22.24.060. Nature of Evidence. 22.24.070. Limitation on Oral Presentations. 22.24.080. Standing. 22.24.090. Record. 22.24.100. Disclosure of Ex Parte Contacts. 22.24.105. Disclosure of Personal Knowledge. 22.24.110. Challenge for Bias, Prejudgment of Personal Interest. 22.24.120. Hearings Procedure. 22.24.125. Setting the Hearing. 22.24.130. Close of the Record. 22.24.140. Continuances or Record Extensions. 22.24.150. Objections to Jurisdiction, Procedure, Notice or Qualifications. 22.24.160. Reopening the Record. 22.24.010. Filing of Staff Report for Hearing. A. At the time an application that in the judgment of the Planning director requires a hearing is deemed complete, a hearing date shall be set. B. A staff report shall be completed seven days prior to hearing. If the report is not completed by such time, the hearing shall be held as scheduled, but any party may at the hearing or in writing prior to the hearing request a continuance of the hearing to a date that is at least seven days after the date the initial staff report is complete. Pursuant to DCC 22.24.140(A)(3), grant of a continuance under these circumstances shall be discretionary. C. A copy of the staff report shall be mailed to the applicant, shall be made available to such other persons who request a copy and shall be filed with the Hearings Body. D. Oral or written modifications and additions to the staff report shall be allowed prior to or at the hearing. (Ord. 96-071 § 1 D, 1996; Ord. 95-045 § 11, 1995; Ord. 90-007 § 1, 1990) 22.24.020. Hearings Body. A. The following shall serve as the hearings body: 1. Hearings Officer. 2. Planning Commission, as specified by DCC 22.24.020(C). 3. Board of County Commissioners, except where an applicable joint management agreement within an acknowledged urban growth boundary specifies a city governing body as the final appeals body. B. The Hearings Body order shall be as set forth in DCC 22.24.020(A), except that the Board may call up an administrative decision for review without the necessity of an application going before the Hearings Officer. C. Where the Hearings Officer declines to hear a matter on the grounds of a conflict of interest, the Planning Commission shall substitute for the hearings officer. In the Redmond Urban Area, the initial Hearings Body for a quasi-judicial plan amendment or zone change may at the discretion of the Planning Director be either the Planning Commission or the Hearings Officer. Additionally, in the Redmond Chapter 22.24 Urban Area, the initial Hearings Body for Declaratory Rulings and revocations of land use approvals may, at the discretion of the Planning Director, be the Hearings Officer, the Redmond Urban Area Planning Commission or the Redmond City Council. (Ord. 2001-045 §1, 2001; Ord. 2000-003 §1, 2000; Ord. 99-031 §5, 1999; Ord. 98-019 §3, 1998; Ord. 96- 071 § 1 D, 1996; Ord. 95-045 § 11 A, 1995; Ord. 90-007 § 1, 1990) 22.24.030. Notice of Hearing or Administrative Action. A. Individual Mailed Notice. 1. Except as otherwise provided for herein, notice of a land use application shall be mailed at least 20 days prior to the hearing for those matters set for hearing, or within 10 days after receipt of an application for those matters to be processed administratively with notice. Written notice shall be sent by mail to the following persons: a. The applicant. b. Owners of record of property as shown on the most recent property tax assessment roll of property located: 1. Within 100 feet of the property that is the subject of the notice where any part of the subject property is within an urban growth boundary; 2. Within 250 feet of the property that is the subject of the notice where the subject property is outside an urban growth boundary and not within a farm or forest zone, except where greater notice is required under DCC 22.24.030(A)(4) for structures proposed to exceed 30 feet in height; or 3. Within 750 feet of the property that is the subject of the notice where the subject property is within a farm or forest zone, except where greater notice is required under DCC 22.24.030(A)(4) for structures proposed to exceed 30 feet in height. 4 Within 1000 feet of the property that is subject of a marijuana production or processing notice where the subject property is within a farm zone. c. For a solar access or solar shade exception application, only those owners of record identified in the application as being burdened by the approval of such an application. d. The owner of a public use airport if the airport is located within 10,000 feet of the subject property. e. The tenants of a mobile home park when the application is for the rezoning of any part or all of a mobile home park. f. The Planning Commission. g. Any neighborhood or community organization formally recognized by the board under criteria established by the Board whose boundaries include the site. It. At the discretion of the applicant, the County also shall provide notice to the Department of Land Conservation and Development. 2. Notwithstanding DCC 22.24.030(A)(1) (b)(1), all owners of property within 250 feet of property that is the subject of a plan amendment application or zone change application shall receive notice. 3. The failure of a property owner to receive mailed notice shall not invalidate any land use approval if the Planning Division can show by affidavit that such notice was given. 4. For structures proposed to exceed 30 feet in height that are located outside of an urban growth boundary, the area for describing persons entitled to notice under DCC 22.24.030(A)(1)(b) shall expand outward by a distance equal to the distance of the initial notice area boundary for every 30 foot height increment or portion thereof. B. Posted Notice. 1. Notice of a land use action application for which prior notice procedures are chosen shall be posted on the subject property for at least 10 continuous days prior to any date set for receipt of comments. Such notice shall, where practicable, be visible from any adjacent public way. Chapter 22.24 2. Posted notice of an application for a utility facility line approval shall be by posting the proposed route at intervals of not less than one-half mile. The notice shall be posted as close as practicable to, and be visible from, any public way in the vicinity of the proposed route. 3. Notice of a solar access application shall be posted as near as practicable to each lot identified in the application. C. Published Notice. In addition to notice by mail and posting, notice of an initial hearing shall be published in a newspaper of general circulation in the County at least 20 days prior to the hearing. D. Media Notice. Copies of the notice of hearing shall be transmitted to other newspapers published in Deschutes County. (Ord, ?Ol =x2a 2018. Ord. 99-031 6, 1999; Ord. 96-071 1D, 1996; Ord. 95-071 1, 1995; Ord. 95-045 §12, 1995; Ord. 91-013 §7-8, 1991; Ord. 90-007 §1, 1990) Chapter 22.24 Attachment D M Chapter 22.32. APPEALS 22.32.010. Who May Appeal. 22.32.015. Filing Appeals. 22.32.020. Notice of Appeal. 22.32.022. Determination of Jurisdictional Defects. 22.32.024. Transcript Requirement. 22.32.025. Consolidation of Multiple Appeals. 22.32.027. Scope of Review. 22.32.030. Hearing on Appeal. 22.32.035. Declining Review. 22.32.040. Land Use Action Hearings on Appeal From the Hearings Officer. 22.32.050. Development Action Appeals. 22.32.060. Rehearing. 22.32.070. Remands. 22.32.080. Withdrawal of an Appeal. 22.32.010. Who may appeal. A. The following may file an appeal: 1. A party; 2. In the case of an appeal of an administrative decision without prior notice, a person entitled to notice, a person adversely affected or aggrieved by the administrative decision, or any other person who has filed comments on the application with the Planning Division; and 3. A person entitled to notice and to whom no notice was mailed. A person who, after such notices were mailed, purchases property to be burdened by a solar access permit shall be considered a person to whom notice was to have been mailed; and 4. A city, concerning an application within the urban area for that city, whether or not the city achieved party status during the proceeding. B. A person to whom notice is mailed is deemed notified even if notice is not received. (Ord. 95-071 §2, 1995; Ord. 95-045 §31, 1995; Ord. 90-007 § 1, 1990) 22.32.015. Filing appeals. A. To file an appeal, an appellant must file a completed notice of appeal on a form prescribed by the Planning Division and an appeal fee. B. Unless a request for reconsideration has been filed, the notice of appeal and appeal fee must be received at the offices of the Deschutes County Community Development Department no later than 5:00 PM on the twelfth day following mailing of the decision. If a decision has been modified on reconsideration, an appeal must be filed no later than 5:00 PM on the twelfth day following mailing of the decision as modified. Notices of Appeals may not be received by facsimile machine. C Unless a request for reconsideration has been filed for a marijuana production or processing administrative decision the notice of appeal and appeal fee must be received at the offices of the Deschutes County Community Development Department no later than 5:00 PM on the fifteenth day following mailing of the decision. ED.If the Board of County Commissioners is the Hearings Body and the Board declines review, a portion of the appeal fee may be refunded. The amount of any refund will depend upon the actual costs incurred by the County in reviewing the appeal. When the Board declines review and the decision is subsequently appealed to LUBA, the appeal fee may be applied toward the cost of preparing a transcript of the lower Hearings Body's decision. Chapter 22.32 DE. The appeal fee shall be paid by method that is acceptable to Deschutes County. (Qrd.2018-xxx �x, i01& Ord. 2015-017 §3, 2015; Ord. 99-031 §15, 1999; Ord. 98-019 §2, 1998; Ord. 96- 071 §1G, 1996; Ord. 95-045 §32, 1995; Ord. 94-042 §2, 1994; Ord. 91-013 §11, 1991; Ord 90-007 §1, 1990) Chapter 22.32 Attachment E -8- Deschutes Marijuana Text Amendments •' The Deschutes County.oard cif commisrs add ppte marijuana regulations� 2016 Thouhtutflthe adoption process, the Boardcommitted fti evallat�ng the regulations after they had been in place" fora,,year, to determine if they were working as intended. The-�Board reiterated this commitment to the 2017 Legislature. Since the release of the Marijuana Regulatory Assessment on April 2, 2018, the Board conducted six work sessions to discuss programmatic changes to the regulation and enforcement of marijuana production on rural lands. Based on the issues discussed during the work sessions, the Planning Commission and the Board of Commissioners will consider substantive changes to certain sections of Deschutes County Code (DCC), specific to marijuana production. The proposed amendments are more restrictive than Deschutes Countys existing marijuana regulations. Board of Commissioners Hearing When: Wednesday, August 22, 2018, xx:00 a.m. Where: Deschutes Service Center Barnes & Sawyer Rooms, 1300 Wall Street, Bend View the Text Amendments at: www.websitehere.org Deschutes County Community Development Department 117 NW Lafayette Ave. Bend, OR 97703 Contact: Planner Name, Planning Title (541) 385-xxxx NOTICEO A PROPOSED D USE REGULATION DESCHUTES COUNTY MARIJUANA TEXT AMENDMENTS PROPOSAL Amend Deschutes County Code: Chapter 9.12, Right to Farm Chapter 18.24, Redmond Urban Reserve Area Combining Zone Chapter 18.116, Supplementary Provisions Chapter 18.124.060, Site Plan Approval Criteria Chapter 22.24, Land Use Action Hearings Chapter 22.32, Appeals WHY AM I RECEIVING THIS NOTICE? to law (Oregon Revised Statute 215.503) requires a notice -his one be mailed to landowners when a change in land haws might limit the use of their property. The law uses this wort(t#g and wording below in all such notices. the cauttoary lauage, not all property owners in Cntes Countyivl be affects �y the proposed notice. This is to ntitify you that Des,htites County has proposed a land use regulatJ, #"that may affect the permissible use of your,,", -,',,property and other properties. NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST PROMPTLY BE FORWARDED TO THE PURCHASER. MEETING LOCATION The meetings will take place at the Deschutes Services Center, Barnes & Sawyer Rooms (first floor) at 1300 NW Wall Street, Bend. Although this notice has been mailed to landowners whose land is zoned EFU or MUA-10 whoserho ep rties are larger than five acres, any interested person may attend, be represented by counsel, or submit written signed comments (testimony). \) IES eo� Deschutes County encourages persons with disabilities to participate in all programs and activities. 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