2018-497-Minutes for Meeting October 01,2018 Recorded 12/12/2018vTES C
BOARD OF
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541 ) 388-6570
10:00 AM
Recorded in Deschutes County CJ2018_497
Nancy Blankenship, County Clerk
Commissioners',Journal 12/12/2018 12:41:44 PM
MONDAY, October 1, 2018 BARNES & SAWYER ROOMS
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 Laura Skundrick, Board Administrative Assistant. One identified representatives of the
media were in attendance.
This meeting was audio and video recorded and can be accessed at the Deschutes County
Meeting Portal website http://deschutescountyor.igm2.com/Citizens/Default.aspx
CALL TO ORDER: Chair DeBone called the meeting to order at 10 a.m.
PLEDGE OF ALLEGIANCE
CITIZEN INPUT: None was offered.
CONSENT AGENDA:
None
Consent Agenda Items:
None.
BOCC BUSINESS MEETING OCTOBER 1, 2018 PAGE 1 OF 3
ACTION ITEMS
1. DELIBERATIONS: Marijuana Text Amendments -Tanya Saltzman, Associate
Planner
Ms. Saltzman provided an updated matrix regarding medical marijuana with
proposed changes. The Board determined they will discuss medical marijuana
regulations at a later date.
Chair DeBone guided the Board through the recreational marijuana matrix by
category as provided in the meeting materials.
RECESS: At the time of 11:50am Chair DeBone called for a short recess and
reconvened the meeting at 11:59am.
The Board continued working through the matrix and provided direction to CDD
staff for revisions.
Mr. Lelack confirmed he will revise the ordinance given the Board direction and will
return in October for a first reading.
OTHER ITEMS: None were offered.
Being no further items to come before the Board, the meeting was adjourned at I2:46pm.
fflrlffm���* No
BOCC BUSINESS MEETING OCTOBER 1, 2018 PAGE 2 OF 3
DATED this h (� Day of 2018 for the Deschutes County Board of
Commissioners.
BOCC BUSINESS MEETING OCTOBER 1, 2018 PAGE 3 OF 3
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - www.deschutes.org
BUSINESS MEETING AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
10:00 AM, MONDAY, OCTOBER 1, 2018
Barnes Sawyer Rooms - Deschutes Services Center - 1300 NW Wall Street - Bend
This meeting is open to the public. To watch it online, visit www.deschutes.org/meetings. Business Meetings are
usually streamed live online and video recorded.
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
PLEDGE OF ALLEGIANCE
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. Please complete a sign-up card (provided), and give the card to the
Recording Secretary. Use the microphone and clearly state your name when the Board Chair calls on you to
speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject of a public hearing not
being conducted as a part of this meeting will NOT be included in the official record of that hearing.
If you offer or display to the Board any written documents, photographs or other printed matter as part of your
testimony during a public hearing, please be advised that staff is required to retain those documents as part of the
permanent record of that hearing.
CONSENT AGENDA
ACTION ITEMS
1. DELIBERATIONS: Marijuana Text Amendments -Tanya Saltzman, Associate Planner
Board of Commissioners Business Meeting Agenda Monday, October 1, 2018 Page 1 of 2
OTHER ITEMS
These can be any items not included on the agenda that the Commissioners wish to discuss as part of
the meeting, pursuant to ORS 192.640.
At any time during the meeting, an executive session could be called to address issues relating to ORS
192.660(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 media.
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/meetingcalendar
Meeting dates and times are subject to change. If you have question, please call (541) 388-6572.
Board of Commissioners Business Meeting Agenda Monday, October 1, 2018 Page 2 of 2
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 Business Meeting of October 1, 2018
DATE: September 26, 2018
FROM: Tanya Saltzman, Community Development,
TITLE OF AGENDA ITEM:
DELIBERATIONS: Marijuana Text Amendments
Deliberations for Ordinance 2018-012, a series of text amendments pertaining to the regulation
and enforcement of marijuana on rural lands in Deschutes County.
L?
441
(C I . f m [L) N 111 11F 1,L)", i., \1 11",-, i Uz P ;�,4 E N T�
MEMORANDUM
TO: Deschutes County Board of Commissioners
FROM: Tanya Saltzman, Associate Planner
DATE: September 26, 2018
SUBJECT: Marijuana Text Amendments - Deliberations
I. OVERVIEW
The Board of County Commissioners (Board) conducted a public hearing on August 28, 2018 to
consider Ordinance 2018-012, a series of text amendments pertaining to the regulation and
enforcement of marijuana on rural lands in Deschutes County. Public comments received during
the open record period, August 29 through September 14, 2018, were provided to the Board for
a work session held on September 24, 2018 to review options for next steps.'
The Board is scheduled to begin deliberations on the proposed amendments on October 1,
2018. The decision matrix provided as Attachment 1 provides the basis for deliberations.
II. NEXT STEPS
Staff seeks Board direction and offers the following approach for next steps after this session:
1. Close deliberations, revise Ordinance 2018-012 in accordance with deliberations, and
propose to return to the Board for consideration of first reading on October 17, 2018;
2. Continue deliberations on the proposed amendments until a date and time certain;
3. Other action as determined by the Board.
Attachments:
1. Decision Matrix
2. Ordinance No. 2018-012
1 https:Hdeschutescountyor.igm2.com/Citizens/FileOpen.aspx?Type=1&ID=1934&Inline=True
Attachment 1:
Decision Matrix
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Attachment 2:
Ordinance No. 2018-012
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending DCC Titles 9, 18, and
22 to Refine Standards for the Regulation and * ORDINANCE NO. 2018-012
Enforcement of Marijuana Production on Rural
*
Lands.
WHEREAS, the Board of County Commissioners directed the Deschutes County Community
Development Department staff to initiate amendments (Planning Division File No. 247 -18 -000540 -TA) to
Deschutes County Code (DCC) Title 9, Chapter 9.12, Right to Farm; Title 18, Chapter 18.24, Redmond Urban
Reserve Area Combining Zone; Chapter 18.116, Supplementary Provisions; Chapter 18.124, Site Plan Approval
Criteria; Title 22, Chapter 22.24, Land Use Action Hearings; and Chapter 22.32, Appeals, refining standards for
the regulation and enforcement of marijuana production on rural lands; and
WHEREAS, the Board of County Commissioners considered this matter after a duly noticed public
hearing on August 28, 2018 and concluded that the public will benefit from the changes to the Deschutes County
Code; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 9.12, Right to Farm, is amended to read as described in Exhibit "A,"
attached and incorporated by reference herein, with new language underlined and deleted language set forth in
strikethfough.
Section 2. AMENDMENT. DCC 18.24, Redmond Urban Reserve Area Combining Zone, is amended
to read as described in Exhibit `B," attached and incorporated by reference herein, with new language underlined
and deleted language set forth in strik g .
Section 3. AMENDMENT. DCC 18.116, Supplementary Provisions, is amended to read as described
in Exhibit "C," attached and incorporated by reference herein, with new language underlined and deleted language
set forth in stri _ = g .
Section 4. AMENDMENT. DCC 18.124, Site Plan Review, is amended to read as described in Exhibit
"D," attached and incorporated by reference herein, with new language underlined and deleted language set forth
in r,wi.�g;r.
Section 5. AMENDMENT. DCC 22.24, Land Use Action Hearings, is amended to read as described in
Exhibit "E," attached and incorporated by reference herein, with new language underlined and deleted language
set forth in strik�g .
PAGE 1 OF 2 - ORDINANCE NO. 2018-012
Section 6. AMENDMENT. DCC 22.32, Appeals, is amended to read as described in Exhibit "F,"
attached and incorporated by reference herein, with new language underlined and deleted language set forth in
Section 7. FINDINGS. The Board adopts as its findings Exhibit "G," attached and incorporated by
reference herein.
Dated this of , 2018 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
Recording Secretary
Date of 1 s` Reading:
Date of 2nd Reading:
Commissioner
Anthony DeBone
Phil Henderson
Tammy Baney
Effective date:
ANTHONY DeBONE, Chair
PHIL HENDERSON, Vice Chair
TAMMY BANEY, Commissioner
day of 12018.
day of 12018.
Record of Adoption Vote:
Yes No Abstained Excused
day of , 2018.
PAGE 2 OF 2 - ORDINANCE NO. 2018-012
Chapter 9.12. RIGHT TO FARM
9.12.020. Purpose and Scope.
9.12.020. Purpose, And Scope.
A. It is the purpose of DCC 9.12 to protect farm and forest -based economically productive activities of
Deschutes County in order to assure the continued health, safety and prosperity of its residents. Farm and
forest uses sometimes offend, annoy, interfere with or otherwise affect others located on or near farm and
forest lands. Deschutes County has concluded in conformance with ORS chapter 30 that persons located
on or near farm and forest lands must accept resource uses and management practices.
B. DCC 9.12 is intended to limit the availability of remedies based on nuisance or trespass, rights of action
and claims for relief and issuance of citations for violations over which Deschutes County has jurisdiction,
when they otherwise would either have an adverse impact on farm and forest uses that Deschutes County
seeks to protect, or would impair full use of the farm and forest resource base within Deschutes County.
B C. Scone. DCC Chapter 9.12 (The Deschutes _(ounty Right To Farm Ordinance) does_ not apply to
marijuana production _mpg ti us whether permitted by Deschutes County, Oregon Liquor Control
Commission, Oregon Health Authority, or otherwise.
(Ord. 20188011 _2018 Ord. 2003-021 §21,2003; Ord. 95-024 §2,1995)
Page 1 of 1 - EXHIBIT A TO ORDINANCE NO. 2018-012
Chapter 18.24 REDMOND URBAN RESERVE AREA COMBINING ZONE
18.24.030. Conditional Uses Permitted; Prohibition.
18.24.030. Conditional Uses Permitted; Prohibition.
A. Subiect to the prohibitions provided for in DCC 18.24.030(B), uses permitted conditionally in the
AURA Combining Zone shall be those identified as conditional uses in the underlying zoning districts.
Conditional uses shall be subject to all conditions of those zones as well as the requirements of this
chapter.
B. The following uses are prohibited and not permitted in the RURA Combining Zone:
1. Marijuana production; and
2. Marijuana processing.
f OQE . 2018-012,_ 2, 20,18
Page 1 of 1 - EXHIBIT B TO ORDINANCE NO. 2018-012
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, M-' 1 —O and RI zones.
2, Marijuana Processing in the EFU, WW�t---W; TeC, TeCR, TuC, Tul, 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 aiRlJA-14-zone:;, the subject legal lot of record shall have a minimum
lot area of five (5) acres.
2. Indoor Production and Processing.
1+i-MUA-44ze neA,-in-ai*hfl a-p-e4oft--�p�3 4�all k l a rfii �y
itl�i �r f 11 10 ed 1>uilcl��3 s i �-cE �t1€ 1 - m -d-c pacfue9
a11'& reof +-figio
est-r�etu�cg i7 ���kr<1;it.
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.
4-:--MaxmuB -BtH4,&g-Pke f-A-rea-lfl4--M-1-JA—
k,. 1'>t�clra� toail3�i� 1 g aero-E)£ld� �c}trate-feat:
-�4. 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)
Page 1 of 13 - EXHIBIT C TO ORDINANCE NO. 2018-012
registered medical marijuana grow site shall be allowed per legal parcel or lot.
€ 5. Setbacks. The following setbacks shall apply to all marijuana production and processing
areas and buildings:
a. Minimum Yard Setback/Distance from Lot Lines: 24700 feet.
b. Setback from an off-site dwelling: 5300 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.
noise,e. Exeeption: Any re&efien to these setback requirements may be gmnted by the
>
anda
70. Separation Distances. Minimum separation distances shall apply as follows:
a. The use-a�plicant a crtyjiLi1q shall be located a minimum of 1000 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; and
v. National monuments and state parks.-
vi. P-444�Federal lands; ffnd
vii. Redmond Urban Reserve Area
viii. Th_e boun&y of any ocal jurisdiction that has opted out Oregon's recreational
piaLi'uana pro trgm; and
ix_ Ani otier.lot ora -cel. approved by Deschutes County for.- n�araana
production_
b. For purposes of DCC 18.116.330(B)(76), 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 hui c iii s land ap licaw s. op _line of land occupied by the
marijuana producer or marijuana processor.
c. A change in use of another property to those identified in DCC 18.116.330(B)(-76) shall
not result in the marijuana producer or marijuana processor being in violation of DCC
18.116.330(13)(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.
87. Access. Marijuana production over-5,000-s-qtvaro-1e-e4
1,-4,mts-sites 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:
Page 2 of 13 - EXHIBIT C TO ORDINANCE NO. 2018-012
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.
q. 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
sums
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.
4-09. Odor. As used in DCC 18.116.330(B)(94-0), building means the building, including
greenhouses, hoop houses, and other similar structures, used for marijuana production or
marijuana processing. Odor produced by marihuana production and processing shall comply
with the following:
a. Standard. To prevent unreasonable interference of neighbors' use and enjoyment of
their property no adverse or noxious odors shall be detectable beyond the applicant's
propei1y line.
b. Odor control plan. To ensure that the standard stated in DCC 18.116.330(B)(9
continuously met the applicant shall submit an odor control plan prepared and stamped
by a mechanical engineer licensed in the State of Oregon that includes the following:
i. The mechanical engineer's qualifications and experience with system design and
operational audits of effective odor control and mitigations std
ii. A detailed analysis of the methodology, which has been independgntly t esear(JIe i
and tested, that will be relied upon to effectively control odor on the subL
ro e
iii. A detailed description of any odor control systems that will be utilized, including
operational schedules and maintenance intervals;
iv. Contingence measures if any aspect of the odor control plan fails or is not
followed or if it is otherwise shown that the standard stated in DCC
18.116.330(B)(9) is not met;
v. Testing protocols and intervals; and
vi. Identification of the responsible parties tasked with implementing each aspect of
the odor control plan.
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he—gtisuied- wi h-a-pem: i� een-d h4she- = lM
-l-�r-1-1-€�-�3�1�3(3--1-f-pta��-itY-sl�h�--s-tai-e �tat�tes�tatc-a�t�k:�
c. Modifications. Modifications to the odor control plan shall be approved in the same
manner as a modification to a land use action pursuant to DCC 22.36.040.
a. The building shall be equipped with an eff-eetive eder eontrol systeam- vihieah must at all
r--
vent tmreasonable inter-fer-enee of neighbors' use and enjoymeat of theirp
b. An odor- eontrol system is deemed permitted enly after- the applieapA submits a
Page 3 of 13 - EXHIBIT C TO ORDINANCE NO. 2018-012
„tl�,..•:�e.l
nab
.eta„, will eff et;
ly inte .fi ,.e ,,.;tb,
.,ent-el .,der se ., ofufl
„�.,b,b or -s ' , and enjoyment of their- , repert
y.
.tb,erize.l if at
C-iYV VdV-Ge1trel
i. Consist of
all as provided
system jbRII•
ene er- mefe fans.
; pheab.le state state
The fan(s) shall be sized fer etibie feet per- ffiifi�ate
(f''1~'T.4) e
multiplied
EFNI', 6�
mitigation
,ale, -,t to the volume
by height) divided
than p ide,l by
of the b.,.;l. ing (length, multiplied by ,,.;.ltb,
by 4wee. The filter(s) shall b- e, mated- the Fequired
/;l above.
44-10. Noise. Noise produced by marijuana production and marijuana processing shall comply
with the following:
eder- eentfol, fans and similar fenetions shall not exeeed 30 dB(A) Measered at afl�
pr-epe,•t,, lire b.et,,,ee., 10:00 p.m. and 7•nn a the f llowin amt
b, Sustained noise &em mar�uana pr-oduetion is vwmpt from pr-eteetions of DGG 9.12
and ORS 30.395, Right to Fafm. intefmittent noise for- aeoepted faFffling pr-aetioes i -s
permit4ed.
a. Standard. To prevent unreasonable interference of neighbors' use and enjoyment of
their property, sustained noise shall not be detectable beyond the applicant' s propeLly
line above 30 dB(A) between 10:00 pm and 7:00 am the following da.
i. For purposes of DCC 18.116.330(B)(10), "sustained noise” shall mean noise
lasting more than two continuous minutes or two total minutes in a one hour period
from mechanical equipment used for heating, ventilation, air condition, odor
control, fans an similar functions associated with marijuana production and
processing_
b. Noise control plan. To ensure that the standard stated in DCC 18.116.330(B)(10) is
continuously met, the applicant shall submit a noise control plan prepared and stamped
by a mechanical engineer licensed in the State of Oregon that includes the following:
i. The mechanical engineer's qualifications and experience with system design and
operational audit of effective noise control and mitigationsystems,
ii. A detailed analysis of the methodology that will be relied upon to effectively
control noise on the subject property,
iii. A detailed description of any noise control systems that will be utilized, including
operational schedules and maintenance intervals,
iv. Contingence measures if any aspect of the noise control plan fails or is not
followed or if it is otherwise shown that the standard stated in DCC
18.116.330(B)(10) is not met,
v. Testing protocols and intervals; and
vi. Identification of the responsible parties tasked with implementing each aspect of
the noise control plan.
------Gm=haiiee el-}Affin--is-n+and -aW-4ra11
k�e-en �u-�d-�v itl�a-pet-mi-t-c o� i� ap�f ��=a1-;-1��1-�l iala ccs--wi €1-�- tlre-aa�ijy<�-��-r cel
t,lan-doc-s-��e;-t�-cic re-gtaited e�,rnpl-i�lr�e-with-d�sta�la:�1�t->�t=t1� i:�C:C
i an tte pas as-,ewi-ai-d- ittl c� il3r aet a uthc i c d:
c. Modifications. Modifications to the noise control plan shall be approved in the salve
manner as a modification to a land use action pursuant to DCC 22.36.040.
1-211. Screening and Fencing. The following screening standards shall apply to
Page 4 of 13 - EXHIBIT C TO ORDINANCE NO. 2018-012
greenhouses, hoop houses, and similar non -rigid structures and land areas used for
marijuana production and processing:
a. All marijuana uses, buildings, structures, fences, and storage and parkin areas
reas,
whether a building permit is required or not, in the Landscape Management Combining
Zone, shall comply with and require Stib3eet to DCC 18.84, Landscape Management
Combining Zone approval, if applieab4e.
b. Fencing acid scvicenin 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.
43, Water. A1112 e. ant, shall state the, anticii)ated arnount_of water to be used on an annual
basis. Water use from any source for marijuana production shall comply with all applicable
state statutes and regulations. The applicant shall provide:
a. ezy c�vrea r:il�terr��3t € rtifr� aka ; .�t1 rtr att1�r ii f: rn t13
ei�a r° l our 1 a�=tn r t; �rClr°v< gn /q or Resources Department (C}VKgl?)
crtificateis�,_per_init, or_other� watter_use au_thorizatiortt�r-ovzz� ���cessarYyvatcr su���,
of eK classification will be available for intended use during required seasons,
regardless of source.
b. il1r 8asrx%lr�t� i srli do -a Kiri ate atter prca it
ak��� �vid3-r�,vil-l-l3�rl-statc�l�-rpt;-ire-l�:r�-tlscr��r���d-� ar�tac;t� i��k�r�na�i��r�-€�f=-the
Maier-provides+u4ef -oiz Source Water provider Will Serve statement refct_c_ac'1
Ceer_tificated,Water lZiglit to hs utilirnd,._if areas �� ell as a_Will .11aul statement,
includinL) the rank and contact information of the. water hauler..
c: l'rf f-f-onq-the-Ore-goriAWIe l e r p str t thattl� avert used i f1�rr
s r 4hatdoes rpt r it a q t r a i l t.I^n the; alternative to a and �bl above,_oroof
from OreGon Water Resourccs D�,t�ar tnzcrit that the vatc tll
suy to be used does. not
require a Certificated Water g for the L)qiryiatiaa-usclssficatt ion,
volurnc and season of use (i.e., roof -collected wam-) - -- -
d l _production sites Willi 5,000 square: feet or_rnore of mature canopy, water mcter_for
all on-site con-imercial wells shall be required_ _
e-..-- tf-n-fultpl W--ee�-if=- va1er aze-beir-i�_):- opcas e-arit-,halt
ffoduC4+ rn:
-141.3. 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---x,14. Utility Verification. Utility statements identifying the proposed operation, or operational
characteristics such as required electrical load and timing 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. The utility, shall -state
whether system upgracies_wili be re-quir'ed__to_serve the proposed use, _a-nd that the, use -Will
not be served until suchu.l�gtacics are )1c -i
tootcct existing service to ner<7hlxrri7<
uses This niav be included as a condition of avoroval if a�7lsr�r late . rnswrirlg
Page 5 of 13 - EXHIBIT C TO ORDINANCE NO. 2018-012
ajVlict_tic rpation in up lade costs.
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.
1-716. 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).
b. A statement is also required describing how any water runoff is being addressed.
d��llinLx-rx�it ���r-tl3c;-s-t�l�}�et-���crt
b A-folder fan Ol € lircen e-fear rnn rnr a prc�drrcti rn g�rf �d d that the limns
A erse�i� ist� eel itl3 t13 �311A-a,,-a c i �i r�aEe�l c3 educ�r��a�ijuz �a ley u
r i4 idatio3-eZ� -ff idol tl��t t1 ilie� t� tic-s��
4-917.-Nonconformance. All medical marijuana grow sites lawfully established prior to June 8,
2016 by the Oregon Health Authority shall comply with Ordinance 2016-015 ander 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.
-201 8.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)(o), 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.. - 1 �-t1�e 1l IJA 1 -tl Lf640 - es - -1�z lail
eb. In the EFU;-M-U-,-14 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.
19.C,omplianc�_
- a (}dor_. 0 iiLg c qAi )liance with the odor control lan is mandatory and sha-11 be
ensured with a permit condition ofdai�i)roval_The odor control1p an does not supersede
rcguired conlpliance,�yith the standard set forth in DCC" 18.116.330 I3 9)_ If provided
iIl applicgAe -Yale sggges,. irivate actions al_Ie n misance or.tr___espass associated with
odor imnacts_are authorized.
Page 6 of 13 - EXHIBIT C TO ORDINANCE NO. 2018-012
b. Noise. On oin�, eggij fiance with the noise control plan is mandatory shall be
— ensured with pet_mit condition of approval. The noiseControol plan does not sugpen de
required coLq��lialee with the standard set forth in QQQ l8.l_l6.330J11)-( Q).
ovided_zn apt�licabic state_statutes�private actions alleging nuisance or trespass
associated with odor impacts are_authorized.
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;
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(CB)(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(CB)(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(CB)(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(CB)(7).
D. Inspections and Annual Reporting.
Page 7 of 13 - EXHIBIT C TO ORDINANCE NO. 2018-012
1. 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. A statement of annual water use.
13----1'iiilui� tf3-t-�S-i2e"-1�-s-�kl3i3�Tt-t-lliJ-z'3i?s1%ka^1-£'�c�1't� �9'ui1E�-�-i3l-ks-t-tat-t=ti-l�3s�u'E-t-1=rC-33�i,si,7-iv.i��f'rk'
t�-��o1��=a€c-�-11ia1-��=it1�-1�.=� 1-8:1-i-�':��O�f�-)(-1=➢¢�-��at-1�i-wc-a�
h e-1 &� renew-aR } ft�l i13c ul �i u��y
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 condition of approval, the applicant must consent in writing to allow Deschutes
Coupto randomlyand without prior notice, ins ect the_pretnises and ascertain the
extent and effectiveness tress gf the oclox° cgntrol_ vstem(0-conqpliancc.with the Deschutes
Count odeapmi app icable (ogp litions of approval. Inspections npay,l�,� coticluctgd by
the Countv ui) to four (4) times per calendare�-includiw4 one inspection�riol to the
initiation of use. 4efinsw-/e"Y:`t ai d to e r ai rtl�� x ct�t a ct
(ii$till--SNs-t 3ii`=�iMar-;;.,an ControlPlan to be established .,...1
e. Conditions of Approval Agreement to be established and maintained by the
Community Development Department.
e-. f. Documentation that System Development Charees have been paid.
g.___This information shall be public record subject to ORS 192.502(17).
h Failure to firne1v submit the <tnrival-re grt, lec,m1d_UDsent to Inspect Premises form or
to demonstrate compliance with QCC 18.116 33 1a� shall serve as
lcicnciwledame tt by_the real rc c rty owner and licensee that the _otherwise _allowed
use; isnot in compliance _with _Deschutes CountvCCodc, authorizes i,)ermit revocation
under I CC: Title 22, and inav be, relied a oon by_the State of Oregon to deny new or
license rena✓&s) for the sut� ect_use_
(Qr . 2Q18 Q 12 3, 201& Ord. 2016-015 § 10, 2016)
18.116.340. Marijuana Production Registered by the Oregon Health Authority (ORA)
A. Applicability. Section 18.116.340 applies to:
1. All marijuana production registered by OHA prior to June 1, 2016; and
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.
B. 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:
Page 8 of 13 - EXHIBIT C TO ORDINANCE NO. 2018-012
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,+n-
to-74,0 .sundown to sunup-en-tl-c-4o�4ow,*ig-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.
C. 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 18.116.34-30(CR)(1-0), 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,
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
Page 9 of 13 - EXHIBIT C TO ORDINANCE NO. 2018-012
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).
''/T fns _c ctigns_ and -Annual�tijuarl���ocluction_r sterecl by 011A prior to
June 1 2016 shall cozXzply Ivith DCC 18.116.340(��� �n h�n.s�te_locations. arc idexitified,
-- -_ — - ---- -.-. - ---
or otli_era se_disclose-d by the State of_Qrc�,o :_
D. All new marijuana production registered by OHA on or after June 1, 2016 shall comply with
DCC 18.116.3430(A-BE) and the following standards:
1. Shall only be located in the following zones
a. EFU;_pr
b. N4UA 10; or
e--.b. Rural Industrial in the vicinity of Deschutes Junction.
2. Minimum Lot Area.
a. In the EFU an 4A- W-zones, the subject property shall have a minimum lot area of
five (5) acres.
---Mf-a4n9-ui3+- i-lding-ftl,of._Am aiAn buil-ding-440o r-are a
used-ftv-alll-�eta�Fiti r sa at �� ifil� x� iea �3 rii�i n >dt�cti � - tl� s {l;eet r lser �
shall-lie:
43. Setbacks. The following setbacks shall apply to all marijuana production areas and
buildings:
a. Minimum Yard Setback/Distance from Lot Lines: 4-200 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, Exeeptiew Reduetions to these setheek requir-ements may be granted a4 the diseretia
redueed setbaeks afford equal or greater- mitigation of visual, odor, , jightkig>
54. Indoor Production and Processing.
uovCTin-g::-U-Se-of-ffecDhOusc-s; l-houses-,� i�i�ila��c� ril id 5trtke� is
pxoh-ibated.
a. In the EFU zone, marijuana production shall only be located in buildings, including
greenhouses, hoop houses, and similar structures.
Page 10 of 13 - EXHIBIT C TO ORDINANCE NO. 2018-012
b. In all zones, marijuana production is prohibited in any outdoor area.
65. 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.
76. Separation Distances. Minimum separation distances shall apply as follows:
a. The use shall be located a minimum of 1-09-2-6);40 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. F4&—,,Ficdcral lands; and
vii. Redmond Urban Reserve Area;
viii. The houudary_ of anv local ittrisd_iction that has, opted of Oreg obi's reercational
mail uana ios
in, and
ix. Any ot7se z lot o_arcel approved by Deschutes Count- n1a1_i1uanaroduc�ioti.
b. For purposes of DCC 18.116.3430(1214)(76)), all distances shall be measured from the
lot line of the affected properties listed in DCC 18.116.3430(DH)('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(DH)( 6)
shall not result in the marijuana producer or marijuana processor being in violation of
DCC 18.116.330(13)(7-§) if the use is:
i. Pending a local land use decision;
ii. Registered by the State of Oregon; or
iii. Lawfully established.
37. Access. Marijuana productions 004i�t �f cam-r��aa
plrantssitcs 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.
Page 11 of 13 - EXHIBIT C TO ORDINANCE NO. 2018-012
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.
dwe� ll-ixg-uni%€ tl�e aa�t j i 1 t
a.--caa����tlie �ul��i-�rer�er•�y`; �r
lb--- ... Q lit d tl I leas a 1, c derif ate d t �clu c i �a j�aa y a
stF-ic�ti#� ti z llx�lcie tx�� i€1 41 at tl�c izegisla4ion,Wli€ .,-to-the-s*'e-ct
ffop_e ty
4-08. Inspections and Annual Reporting. An annual report shall be submitted to the Community
Development Department by the real property owner or licensee, if different, of marijuana
production registered by OHA, 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.
h. A statement of annual water use.
to
uses-rF� i et�xal liana rvit a l nese'rtes C€�urt� od€ zritlaeia��it-rc� octic>�
13ee c vat )-I �r tl e �l se.
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. Marijuana Centre! nr.,., te be established and ,,. ntai ed by the r,..,,., ufAt„
Development Depa ._As a ccotldition_of approyat hapilt�licaznust_consent in e
writing to allow Deschutes _Counto randoniiy an withoutriot.notice, inspect the
,jimnises and ascertain the extent and effectiveness_ of the. odor control systel7(s)_,
cor�hance.. with the Deschutes County Code and a licablc cap4itions ofapproval.,
luspections may be conducted by the County uo to four (4) tunes_per calendar.._ year,
includirlaorrcT in
§17pLipr to the initiatiorz_of use. As-aond+ ori e r &N -=al the
ul l-�PA-rust—c-owelit-illA'V4'4+H4t_'-to-a 4o-I-)eseh-t%tes-Gak'i4y-offl lora y $r ktl3�it
�ri€�=notic„e7-up-to-four=-f �)- tirncs�-tel erld-��;ar-i�c�t-ihcpr�n�is�s--to-asc�F� irr-tl�
er�t-a,l€�--�ffc-cti��-encs e��r=-oelor���-trot-
Conditions of Approval Agreement to be established and maintained by the Community
Development Department.
e. Documentation that System Development Charles have been paid.
f. This information shall be public record subject to ORS 192.502(17).
__ Failure.to timely subjuit_the _annual report fee, and Consent to inspect Premises fonts or
to dernonstratc cornpliance with—DCS t 8.116.340f _serve as
Page 12 of 13 - EXHIBIT C TO ORDINANCE NO. 2018-012
acknowledgement by the Kal pro erty owner and licensee that the othcr-wisc_allowed
use is not in compliance with Deschutes County Code;_authorizes Set7nit revocation
under 1) ""fide 22, and r11ay be rolied_up_on 17y_t11e State; of Oregon to deny. tYeNy off_
license renewals for the subfect_me.
11-9.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)(o), 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
marijuana crop.
b. fall -rwi -useq -a -lwo ibi4ed
i— - Cc�r txr is aetiVitie.- in7-clon, Utiea -wiih farts rz r l a yrs d o irrcc� j�rrre�ior
eb. In the EFU;- 4UA--40,_. 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. 2018-0123 2018 :_Ord. 2016-019 §1, 2016)
Page 13 of 13 - EXHIBIT C TO ORDINANCE NO. 2018-012
Chapter 18.124. SITE PLAN REVIEW
18.124.060. Approval Criteria.
18.124.060. Approval Criteria.
Approval of a site plan shall be based on the following criteria:
A. The proposed development shall relate harmoniously to the natural and man-made environment and
existing development, minimizing visual impacts and preserving natural features including views and
topographical features.
B. The landscape and existing topography shall be preserved to the greatest extent possible, considering
development constraints and suitability of the landscape and topography. Preserved trees and shrubs shall
be protected.
C. The site plan shall be designed to provide a safe environment, while offering appropriate opportunities
for privacy and transition from public to private spaces.
D. When appropriate, the site plan. shall provide for the special needs of disabled persons, such as ramps for
wheelchairs and Braille signs.
E. The location and number of points of access to the site, interior circulation patterns, separations between
pedestrians and moving and parked vehicles, and the arrangement of parking areas in relation to buildings
and structures shall be harmonious with proposed and neighboring buildings and structures.
F. Surface drainage systems shall be designed to prevent adverse impacts on neighboring properties, streets,
or surface and subsurface water quality.
G. Areas, structures and facilities for storage, machinery and equipment, services (mail, refuse, utility wires,
and the like), loading and parking and similar accessory areas and structures shall be designed, located
and buffered or screened to minimize adverse impacts on the site and neighboring properties.
H. All above -ground utility installations shall be located to minimize adverse visual impacts on the site and
neighboring properties.
I. Specific criteria are outlined for each zone and shall be a required part of the site plan (e.g. lot setbacks,
etc.).
J. All exterior lighting shall be shielded so that direct light does not project off-site.
K. Transportation access to the site shall be adequate for the use.
1. Where applicable, issues including, but not limited to, sight distance, turn and
acceleration/deceleration lanes, right-of-way, roadway surfacing and widening, and bicycle and
pedestrian connections, shall be identified.
2. Mitigation for transportation -related impacts shall be required.
3. Mitigation shall meet applicable County standards in DCC 17.16 and DCC 17.48, applicable Oregon
Department of Transportation (ODOT) mobility and access standards, and applicable American
Association of State Highway and Transportation Officials (AASHTO) standards.
(Ord. 2018-O12.42018;_Ord. 2010-018 §2, 2010, Ord. 93-043 §§21, 22 and 22A, 1993; Ord. 91-038 §1,
1991; Ord. 91-020 §1, 1991)
Page 1 of 1 - EXHIBIT D TO ORDINANCE NO. 2018-012
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 Urban Area,
the initial Hearings Body for Declaratory Rulings and revocations of land use approvals may, at the
Page 1 of 3 - EXHIBIT E TO ORDINANCE NO. 2018-012
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 100_ feetoft l�e,j}t�opert t is_sul�ject afa maxi uaf�a rocii�etio3� of tocessi �,otice
where the sub ect o romity is witlun_a farni 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.
h. 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.
Page 2 of 3 - EXHIBIT E TO ORDINANCE NO. 2018-012
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. 2018-017& 2018; Ord. 99-031 §6,1999; Ord. 96-071 §11), 1996; Ord. 95-071 §1, 1995; Ord. 95-045
§ 12, 1995; Ord. 91-013 §7-8, 1991; Ord. 90-007 § 1, 1990)
Page 3 of 3 - EXHIBIT E TO ORDINANCE NO. 2018-012
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;. Unlessa rqlcl est, fc�r _ -econsiderationhas leen filed fol =a marijuana . production or_17racessm
administrative decision, the notice of at)-oeal_and a�_pc al fc_cmust be received at the offices of the
Jae sclnitcs i�ounty__Core_r�zurrit _I?ev lg17n1ent_Department,no_later than 00 1'M on the fiifteezltlr day
followin- mailin�of_the _decision.
CUM 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.
DE. The appeal fee shall be paid by method that is acceptable to Deschutes County.
Page 1 of 2 - EXHIBIT F TO ORDINANCE NO. 2018-012
(Ord. 2018-012 6 2018, 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)
Page 2 of 2 - EXHIBIT F TO ORDINANCE NO. 2018-012
FdriMMU4"
I. BACKGROUND
A. Deschutes County Process
Following the passage of Ballot Measure 91 (2014), legalizing the sale and recreational use of marijuana, and HB
3400 (2015), refining the implementation of marijuana legalization, the Deschutes County Board of
Commissioners adopted marijuana regulations in June 2016 (Ordinance Nos. 2016-013, 2016-014, 2016-015,
2016-017, 2016-018, and 2016-019). Throughout the adoption process, the Board committed to evaluating the
regulations after they had been in place for a 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 eight work sessions to discuss 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
considered substantive changes to certain sections of Deschutes County Code (DCC), specific to marijuana
production. The proposed amendments are more restrictive than Deschutes County's existing marijuana regulations.
B. Deschutes County Distinguishing Land Use Characteristics
As summarized in the findings to the 2016 ordinances listed above, agricultural land in Deschutes County has a
history of challenges unique to the area, owing to its low rainfall, high elevation, relatively poor soil quality, short
growing season, and distance to major markets. As a result, Deschutes County utilizes smaller lot size
requirements for agricultural land than the general State requirement; this unique set of farm sub -zones has been
acknowledged by the Land Conservation and Development Commission (DLCD). Nevertheless, the inherent
difficulties of commercial farming in Deschutes County combined with rapid population growth make for
considerable pressure to convert agricultural land to residential or other uses when possible.
The introduction of marijuana production into these agricultural lands—particularly those areas of smaller lotting
patterns—highlights the compatibility concerns expressed by both farm and nonfarm property owners. The
unique conditions and development patterns present in Deschutes County only amplify the challenge of balancing
the mitigation of potential impacts with the "reasonable time, place, and manner" regulation of marijuana
production.
111. PROPOSAL
This is a legislative text amendment to Deschutes County Code (DCC), Title 9, Public Peace and Welfare, Title 18,
County Zoning, and Title 22, Development Procedures. The proposal clarifies the regulation and enforcement of
marijuana production in Deschutes County based on work sessions with the Board of County Commissioners.
The proposed amendments are to:
• DCC Chapter 9.12, Right to Farm;
• DCC Chapters 18.24, Redmond Urban Reserve Area Combining Zone, 18.116, Supplementary Provisions,
and 18.124, Site Plan Review;
Page 1 of 10 - EXHIBIT G TO ORDINANCE NO. 2018-012
• DCC Chapters 22.24, Land Use Action Hearings, and 22.32, Appeals.
Substantive elements of the proposal:
• Excludes marijuana production and processing in the Multiple Use Agricultural Zone.
• Increases minimum separation distances to one-half mile from federal lands, local governments that opted
out of regulating marijuana, Redmond Urban Reserve Area, and other approved marijuana production sites.
• Increases requirements for odor and noise mitigation.
• Increases requirements for documentation of water usage.
List of Preliminary Modified Amendments
The following list summarizes amendments to Deschutes County Code (DCC) Chapter 9.12, Right to Farm, DCC Chapter
18.24, Redmond Urban Reserve Area Combining Zone, DCC Chapter 18.116, Supplementary Provisions, DCC Chapter
18.124, Site Plan Review, DCC Chapter 22.24, Land Use Action Hearings, and DCC Chapter 22.32, Appeals. The full text
amendments will be available in their entirety at www.deschutes.org/marijuana.
DCC Chapter 9.12, Right to Farm
DCC 9.12.020 - Clarified the scope of the Right to Farm Ordinance does not apply to marijuana production
operations whether permitted by Deschutes County, Oregon Liquor Control Commission, Oregon Health
Authority, or otherwise.
DCC Chapter 18.24, Redmond Urban Reserve Area Combining Zone
DCC 18.24.030 — Prohibited marijuana production and processing in the Redmond Urban Reserve Area
Combining Zone.
DCC 18.116.330. Marijuana Production, Processing, and Retailing
DCC 18.116.330(A)(1) and (2) — Removed MUA-10 zone from zones permitting marijuana production and
processing.
DCC 18.116.330(8)(1) — Removed MUA-10 zone from marijuana production and processing standards.
DCC 18.116.330(B)(2) — Removed MUA-10 zone from indoor production and processing standards.
DCC 18.116.330(B)(4) — Removed Maximum Building Floor Area standards for MUA-10 zone.
DCC 18.116.330(B)(5)(a) - Increased setback distances from lot lines for marijuana production and processing
from 100 feet to 200 feet.
DCC 18.116.330(B)(5)(b) - Increased setback distances from an off-site dwelling for marijuana production and
processing from 300 feet to 500 feet.
DCC 18.116.330(B)(5)(c) - Removed setback exception.
DCC 18.116.330(B)(6)(a) - Applied a %Z mile separation distance from Redmond Urban Reserve Area, federal
lands, local governments that have opted out of regulating marijuana and approved marijuana production
sites. Separation distances are to be measured from the applicant's property line.
DCC 18.116.330(B)(8)(a) - Clarified indoor lighting shall not be visible outside a building from sundown to
sunup.
Page 2 of 10 - EXHIBIT G TO ORDINANCE NO. 2018-012
DCC 18.116.330(B)(9) - Strengthened odor control measures, requiring odor control methodology to be
independently researched and tested.
DCC 18.116.330(B)(10) - Strengthened noise control measures.
DCC 18.116.330(B)(11)(a) — Clarified all marijuana uses, buildings, structures, fences, and storage and parking
areas, whether a building permit is required or not, in the Landscape Management Combining Zone, shall
comply with and require Landscape Management Combining Zone approval.
DCC 18.116.330(B)(12) - Strengthened water use requirements.
DCC 18.116.330(B)(14) - Strengthened utility requirements.
DCC 18.116.330(B)(16) — Added a requirement to Secure Waste Disposal for a statement describing how any
water runoff is being addressed.
DCC 18.116.330(B)(18) — Removed subsection outlining residency requirements for MUA-10 zone.
DCC 18.116.330(B)(18)(b) and (c) — Removed references to MUA-10 in Prohibited Uses.
DCC 18.116.330(D) — Added Inspections to Annual Reporting.
DCC 18.116.330(D)(1)(b) — Added statement of annual water use to requirements for annual reporting.
DCC 18.116.330(D)(1)(d) — Added condition of approval that an applicant must consent in writing to allow
Deschutes County to randomly and without prior notice, up to four (4) times per calendar year, inspect the
premises to ascertain the extent and effectiveness of odor control and compliance with applicable conditions
of approval. One of the four allowable inspections must be prior to initiation of use.
DCC 18.116.330(D)(f) —Added documentation that System Development Charges have been paid.
DCC 18.116.340. Marijuana Production Registered by OHA
DCC 18.116.340(B)(a) —Clarified indoor lighting shall not be visible outside a building from sundown to sunup.
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 18.116.340(D) — Referenced the requirements of DCC 18.116.330(A -B) for new marijuana production
registered by OHA on or after June 1, 2016.
DCC 18.116.340(D)(3) - Removed Maximum Building Floor Area standards for MUA-10 zone.
DCC 18.116.340(D)(3)(a) - Increased setback distances from lot lines for marijuana production and processing
from 100 feet to 200 feet.
DCC 18.116.340(D)(3)(b) - increased setback distances from an off-site dwelling for marijuana production and
processing from 300 feet to 500 feet.
DCC 18.116.340(D)(3) - Removed setback exception.
DCC 18.116.340(D)(4)(a) - Removed MUA-10 zone from indoor production and processing standards
DCC 18.116.340(D)(6)(a) - Applied a % mile separation distance from Redmond Urban Reserve Area, federal
lands, local governments that have opted out of regulating marijuana and approved marijuana production
sites. Separation distances are to be measured from the applicant's property line.
DCC 18.116.340(D)(8) — Added Inspections to Annual Reporting.
DCC 18.116.340(D)(8)(b) — Added statement of annual water use to requirements for annual reporting.
DCC 18.116.340(D)(8)(d) — Added condition of approval that an applicant must consent in writing to allow
Deschutes County to randomly and without prior notice, up to four (4) times per calendar year, inspect the
Page 3 of 10 - EXHIBIT G TO ORDINANCE NO. 2018-012
premises to ascertain the extent and effectiveness of odor control and compliance with applicable conditions
of approval. One of the four allowable inspections must be prior to initiation of use.
DCC 18.116.330(D)(8)(f) – Added documentation that System Development Charges have been paid.
DCC 18.116.340(D)(9) - Removed subsection outlining residency requirements for MUA-10 zone.
DCC 18.116.340(D)(9)(b) and (c) - Removed references to MUA-10 in Prohibited Uses.
DCC Chapter 18.124. Site Plan Review
DCC 18.124.060 –Added a provision that proposed development shall relate harmoniously to the natural and
man-made environment and existing development, minimizing visual impacts and preserving natural features
including views and topographical features.
DCC Chapter 22.24. Land Use Action Hearings
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
DCC 22.32.015(C) – Added provision allowing 15 days for an appeal of a marijuana production or
processing decision.
Ill. REVIEW CRITERIA
Deschutes County lacks specific criteria in DCC Titles 18, 22, or 23 for reviewing a legislative plan amendment.
Nonetheless, since Deschutes County is initiating one, the County bears the responsibility for justifying that the
amendments are consistent with Statewide Planning Goals and its existing Comprehensive Plan.
A. HB 3400 and ORS 4756
Following the 2014 adoption of Measure 91, legalizing the production, possession, distribution, and use of
recreational marijuana in certain amounts, in 2015 the Oregon State Legislature passed HB 3400, which allows
local governments to adopt reasonable regulations on the production, processing, and wholesale and retail sale
of marijuana. Subsequently, this bill, along with several others, have been codified into ORS 4756 and OAR 845-
025-2000 to 845-025-2080.
In 2016, the Legislature clarified that both medical and recreational marijuana are farm crops, which allows
marijuana to be grown on land zoned for exclusive farm use (EFU), subject to local time place and manner
restrictions.' ORS 4756.340 (since renumbered to ORS 4756.486) specifies that cities or counties may impose
restrictions on elements such as hours of operation, location, public access, and manner of operation. The OLCC
(Oregon Liquor Control Commission), which controls the licensing of recreational marijuana, does place some
limited restrictions on the location of recreational production sites—for example, on federal property or at the
same address as a liquor license. Ultimately, however, the source of authority to operate a marijuana production
business derives from state law; local code—and the proposed text amendments—is the mechanism by which the
county may impose reasonable restrictions and conditions on the operator.
1 https://www.orcities.org/Portals/17/Library/2016LocaIReguIationofMarijuanAinOregon12-09-16.pdf
Page 4 of 10 - EXHIBIT G TO ORDINANCE NO. 2018-012
B. Local Restrictions
The Deschutes County Board of County Commissioners adopted marijuana regulations in June 2016. Throughout
the adoption process, however, the Board committed to evaluating the regulations after they had been in place
for a year to determine if they were working as intended. The Board reiterated this commitment to the 2017
Legislature. Based on its experience with the ensuing proposals, applications, and hearings, the Board concluded
that further refinements to the regulation and enforcement of marijuana production were needed. The proposed
amendments acknowledge that marijuana production is authorized, but additional restrictions are necessary to
maintain compatibility with neighboring land uses. In light of the inability to regulate and mitigate the potential
impacts of medical marijuana under the current law, Deschutes County seeks to regulate the impacts of
recreational marijuana, which by law, it is permitted to do in a "reasonable time, place, and manner."
Contributing factors include:
Parcel Size. As noted above, the unique conditions of Deschutes County's rural agricultural land have resulted in
smaller than average parcels zoned for Exclusive Farm Use: As such, landowners have the potential to be exposed
to the effects of neighboring uses more than they would if minimum lot sizes were larger. Light, noise, and odor
all have the potential to be more noticeable at closer distances. The proposed amendments address this in two
ways: by strengthening and clarifying the light, noise, and odor mitigation requirements, as well as increasing
setbacks and separation distances from certain types of uses.
Oversaturation of Market. As with any newly emerging industry, the marijuana market has not always been
predictable. The market has shifted since regulations were first introduced, and it has become oversaturated,
resulting in lower prices and in some cases, difficulty for smaller growers to survive. This could be attributed to a
number of factors: the complexities of the ever-changing state and local laws; the manner in which lawmakers
first structured the program, allowing businesses to apply for multiple licenses, with low fees and no caps on
licenses;' the ability of jurisdictions to opt out of the program entirely, thereby concentrating the industry into
certain areas; and the inability to move or distribute marijuana across state lines all are contributors to an
oversaturation of the marijuana production market in Oregon.3 With the oversaturation of product comes the
potential of the surplus being sold into the illegal market (for instance, to out-of-state sales channels), thereby
exacerbating the problems that the creation of a legal market was intended to avoid.
Medical Marijuana. According to the Oregon Health Authority's (OHA) Medical Marijuana Statistical Snapshot
from July 2018, Deschutes County currently contains 791 medical marijuana grow sites.4 By current law, these
are all sites that are not subject to local land use regulations, nor can a list of grow site locations be provided to
local law enforcement, as discussed in correspondence between OHA and the Deschutes County Sherriff's Office,
dated April 19, 2018 (see Attachment A). In correspondence dated June 12, 2018 (see Attachment B), the Oregon
Health Authority has acknowledged that of the 18,000 medical grow sites across the state, approximately 6,000
of these are registered for two or more patients; OHA is in the process of determining priority of compliance
inspections. For sites serving fewer than two patients, inspections are complaint -based only. In light of the
County's inability to regulate or inspect these medical grow sites—which greatly outnumber the recreational grow
sites in Deschutes County—it is necessary to ensure that adequate regulations are utilized to mitigate the
potential impacts of recreational grow sites.
' https://www.denverpost.com/2018/05/31/easy-entry-into-oregons-legal-pot-market-means-huge-surplus/
3 https:Horegoneconomicanalysis.com/2018/02/08/marijuana-falling-prices-and-retailer-saturation/
4https://www.oregon.gov/oha/PH/DISEASESCONDITIONS/CHRON ICDISEASE/MEDICALMARIJUANAPROGRAM/Documents/O
MM P-Statistic-Snapshot-07-2018_Final.pdf
Page 5 of 10 - EXHIBIT G TO ORDINANCE NO. 2018-012
C. Statewide Planning Goals and Guidelines
Goal 1: Citizen Involvement: The amendments do not propose to change the structure of the County's citizen
involvement program. Notice of the proposed amendments were provided to the Bulletin for the Board public
hearing. Since the release of the Marijuana Regulatory Assessment on April 2, 2018, the Board conducted seven
work sessions open to the public to discuss programmatic changes to the regulation and enforcement of marijuana
production on rural lands.
In addition, In the November 1998 general election, Oregon voters approved Ballot Measure 56 (BM 56). The measure
requires cities and counties to provide affected property owners with notice of a change in zoning classification;
adoption or amendment of a comprehensive plan; or adoption or change of an ordinance in a manner that limits or
prohibits previously allowed uses. Amendments to Deschutes County's marijuana regulations triggered BM 56 notice
to approximately 5,000 property owners with properties larger than five acres in the Exclusive Farm Use and Multiple
Use Agricultural zones. A notice was sent to those property owners on August 8, 2018. To supplement the information
provided in the Measure 56 notice, a dedicated website and phone line were created to provide opportunities for the
County to answer questions or issue clarifications to the public concerning the regulations.
Goal 2: Land Use Planning: This goal is met because ORS 197.610 allows local governments to initiate post
acknowledgments plan amendments (PAPA). An Oregon Land Conservation and Development Department 35 -day
notice was initiated on July 24, 2018. The Board of County Commissioners will hold a public hearing on August 28,
2018. The Findings document provides the adequate factual basis for the amendments.
Goal 3: Agricultural Lands: House Bill 3400 specifies that marijuana is a crop for purposes of the definition of farm
use in ORS 215.203 and clearly permits the production and small-scale processing of marijuana in Exclusive Farm
Use zones. House Bill 3400 also prohibits marijuana -related farm dwellings, farm stands and commercial activities
in conjunction with farm use. The proposed amendments to the County Code are consistent with these provisions
of state law and are therefore consistent with Goal 3.
Goal 4: Forest Lands: House Bill 3400 specifies that marijuana is a crop for purposes of the definition of farm use
in ORS 215.203 and explicitly provides for marijuana production on land zoned for farm or forest use in the same
manner as the production of marijuana is allowed in exclusive farm use zones. The proposal prohibits marijuana
related uses in the forest use zones (F-1, F-2).
Goal 5: Open Spaces, Scenic and Historic Areas, and Natural Resources: Complies because the text amendment
does not propose to change the County's Plan policies or implementing regulations for Goal 5 open spaces, scenic
and historic areas, and natural resources.
Goal 6: Air, Water and Land Resources Quality: The proposed text amendments do not propose to change the
County's Plan policies or implementing regulations for compliance with Goal 6, and therefore are in compliance.
In addition, the proposed amendments serve to strengthen criteria regarding reporting of water usage as well as
water runoff as they relate to marijuana production on rural lands.
Goal 7: Areas Subiect to Natural Disasters and Hazards: The proposed text amendments do not propose to change
the County's Plan or implementing regulations regarding natural disasters and hazards; therefore, they are in
compliance.
Goal 8: Recreational Needs: Complies because the text amendment does not propose to change the County's Plan
or implementing regulations regarding recreational needs.
Goal 9: Economy of the State: Goal 9 and its implementing regulations focus on economic analysis and economic
development planning required in urban Comprehensive Plans. The proposed amendments apply to rural lands
but do not propose to amend the Comprehensive Plan. Goal 9 does identify land use controls and ordinances as
one of a suite of economic development tools. The proposed text amendments continue to allow marijuana
Page 6 of 10 - EXHIBIT G TO ORDINANCE NO. 2018-012
production in certain rural zones; however, these uses are already permitted in these zones as part of other more
general use categories (e.g., farming). Therefore, the text amendments comply with Goal 9.
Goal 10: Housing: This goal is not applicable because, unlike municipalities, unincorporated areas are not obligated
to fulfill certain housing requirements.
Goal 11: Public Facilities and Services: Complies because the text amendments do not propose to change the
County's Plan or implementing regulations regarding public facilities and services.
Goal 12: Transportation: Goal 12 is implemented by Oregon Administrative Rules Chapter 660, Division 12. Local
governments are required to adopt a Transportation System Plan and land use regulations to implement the TSP.
This proposal does not include amendments to the County's TSP or transportation -related land use regulations.
However, Plan and land use regulation amendments must be evaluated under OAR 660-012-0060. The proposal
includes allowing specified marijuana related uses in certain zones; however, these uses are already permitted in
these zones as part of other more general use categories (e.g., growing of crops). There is no greater impact to
the transportation system by more specifically identifying these uses in the zones where they are permitted. The
text amendments do not propose any changes to the functional classifications, performance standards, or access
management standards of any County roads or State highways. The text amendments are consistent with Goal
12.
Goal 13: Energy Conservation: Complies because the text amendments do not propose to change the County's
Plan or implementing regulations regarding energy conservation.
Goal 14: Urbanization: Complies because the text amendments do not propose to change the County's Plan or
implementing regulations regarding urbanization.
Goals 15 through 19 are not applicable to the proposed text amendments because the County does not contain
these types of lands.
D. Deschutes County Comprehensive Plan
Chapter 1, Comprehensive Planning: This chapter sets the Goals and Policies of how the County will involve the
community and conduct land use planning. As described above, the proposed regulations were discussed at
several work sessions with the Board of County Commissioners, as well as presented to the Planning Commission,
which is the County's official committee for public involvement. The Board of County Commissioners will receive
oral and written testimony. County staff also created and updated a webpage specifically for the proposed
marijuana text amendments. As part of the required Measure 56 notice, described above, County staff created
and mailed a flyer summarizing the proposed amendments as well as the public process to all landowners within
the affected districts. All of these actions demonstrate compliance with Section 1.2, Community Involvement.
Goal 1 of this section, Community Involvement, is to maintain an active open community involvement program
and are consistent specifically with Policies 1.2.3 through 1.2.5.
These actions also satisfy the Goals and relevant Policies of Section 1.3, Land Use Planning Policies. Goal 1 of this
section is to "maintain an open and public land use process in which decisions are based on the objective
evaluation of facts." Staff, the Planning Commission, and the Board reviewed state rules and regulations as well
as those of other local governments when refining the County's reasonable regulations for time, manner, and
place of marijuana production. The above work sessions, staff reports, and public hearings comply with Section
1.3, Goal 1, but also its policies, specifically 1.3.1-1.3.4, and 1.3.6.
Chapter 2 Resource Management: This chapter sets the Goals and Policies of how the County will protect
resource lands, including but not limited to, Agriculture and Forest as well as Water Resources and Environmental
Quality.
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Section 2.2, Agricultural Lands Policies, states that Goal 1 is to "preserve and maintain agricultural lands and the
agricultural industry." Marijuana is considered an agricultural crop, grown on land zoned for farm use. The
proposed amendments strive to achieve balance between maintaining agricultural lands—by allowing marijuana
production—and mitigating any negative impacts, such as odor and noise.
Goal 2 promotes a diversified, sustainable, revenue -generating agricultural sector. Policy 2.2.10 calls for the
promotion of economically viable opportunities and practices while Policy 2.2.11 encourages small farming
enterprises including but not limited to, niche markets and organic farming and valued -added projects. The
proposed text amendments continue to diversify agriculture in the County by adding a revenue -generating crop.
By definition, the marijuana grown for recreational uses is a niche market.
Goal 3 specifies the Exclusive Farm Use (EFU) policies, classifications, and codes are consistent with local and
emerging agricultural conditions and markets. The regulation of time, place, and manner of growing marijuana
are consistent with this goal. The County has spent extensive staff time, reviewed testimony of experts in the
industry and concerned citizens, irrigation districts, and State agencies to arrive at reasonable regulations to
ensure the viability of this emerging agricultural crop while mitigating potential land use conflicts.
Section 2.3 addresses Forest Land, which includes the F-1 and F-2 zones, neither of which are proposed as possible
locations for any marijuana -related land use activities. In terms of resource -zoned lands, the marijuana -related
land uses are only permitted in the EFU zone. Therefore, the Goals and Policies of this section are inapplicable.
Section 2.4 addresses Goal 5 (Natural Resources, Scenic and Historic Areas, Open Spaces, and Aggregate, i.e.,
surface mining) resources. Goal 1 of this section of the Comprehensive Plan is to protect Goal 5 resources. The
County has an acknowledged list of significant and protected Goal 5 properties and sites. The proposed
amendments would not repeal those protections or Goal 5 listings, therefore the text amendment is consistent
with this portion of the Comprehensive Plan.
Section 2.5 concerns Water Resources; Goal 1 is to develop regional, comprehensive water management policies
while balancing the diverse needs of water users and recognize Oregon water law. Policy 2.5.1 calls for working
cooperatively with stakeholders. Goal 6 of this section calls for coordinating land use and water policies. Oregon
Water Resources Department (OWRD) will be invited to share its perspective on the proposed amendments to
DCC 18.116.330 and DCC 18.116.340, which addresses the reporting of annual water usage as well as the source
of the water to be utilized. Furthermore, applicants will continue to be required to demonstrate that they have a
legal source of water under State law. Thus, the proposed regulations comply with the relevant Comprehensive
Plan policies.
Section 2.6 addresses Wildlife goals and policies. The proposed regulations will not modify the County's Goal 5
inventory, its various wildlife area combining zones, nor its seasonal travel restrictions. Thus, the proposed
amendments are consistent with the goals and policies of this section.
Section 2.7 focuses on Open Spaces, Scenic Views, and Sites. The proposed regulations will not modify the Goal
5 inventory nor lands zoned for Open Space and Conservation (OSC). Any property used for marijuana production
must conform to the setback, screening, lighting, and allowable colors of building and fencing materials
requirements. In many cases, the proposed amendments increase the setback distances from the previous
iteration of the code. Thus, the proposed amendments are consistent with the relevant goals and policies of this
section.
Section 2.8 devotes its energy to Energy Policies. Goal 1 is to promote energy conservation and applicable Policies
2.8.2 and 2.8.4 look at reducing energy demand through efficiency and conservation, respectively. Goal 2
promotes affordable, efficient, reliable, and environmentally sound energy systems for individual home and
business consumers. In terms of growing operations, the combination of Central Oregon's numerous sunny days,
greenhouses, and modern building technologies make for highly energy efficient operations. Utilities serving the
Page 8 of 10 - EXHIBIT G TO ORDINANCE NO. 2018-012
county's recreational production sites will be invited to share their perspective on the proposed amendments,
which requires that a statement from each utility company proposed to serve the operation be provided, stating
that each such company is able and willing to serve the operation, and noting if upgrades to the system will be
necessary to serve the proposed use. Taken together, the marijuana regulations thus comply with these goals and
their relevant policies.
Section 2.9 consists of Environmental Quality Policies. Goal 1 is to maintain and improve the quality of air, water,
and land with Policy 2.9.2 to maintain County noise and outdoor lighting codes and revise as needed. The
marijuana amendments will not repeal the County's applicable ordinances regarding noise and lighting. Goal 2
promotes sustainable building practices and Goal 3 encourages recycling. Marijuana waste continues to be
required to 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. Additionally, modern greenhouses are energy efficient and thus
sustainable and the unused portions of marijuana can be recycled under a secured system. Finally, the proposed
amendments require applicants to document the manner in which water runoff will be addressed. Taken together,
the proposed amendments comply with the applicable goals and policies.
Section 2.10 regards Surface Mining Policies. As the regulations will not change the Goal 5 inventory of surface
mining sites and the County code requires properties with a quarter -mile of an SM zone to sign a waiver of non -
remonstrance, the regulations are consistent with the applicable goals and policies of this section.
Section 2.11 focuses on cultural and historic resources. The proposed regulations will not modify the County's
Goal 5 inventory for cultural and historic resources. Thus, the proposed amendments are consistent with the
relevant goals and policies of this section.
Chapter 3, Rural Growth Management: This chapter sets the goals and policies on who the County will manage
the development of the lands outside of urban unincorporated communities such as Terrebonne and Tumalo.
Section 3.3 consists of Rural Housing Policies. Given the regulations are for non-residential uses, the goals and
policies of this section are not applicable.
Section 3.5 is Natural Hazards with Goal 1 being to protect people, property, infrastructure, the economy and the
environment from natural hazards. The goals and policies are not directly applicable with the possible exception
of Policy 3.5.3, which requires coordination with emergency service providers when new development is
proposed. When a property is proposed to develop, the County sends a transmittal notice to the fire agency that
would respond in an emergency. As the marijuana land uses cannot occur in F-1 or F-2 zoned lands, wildfire is not
an issue. The County code does not allow development in the 100 -year floodplain, which is consistent with Policy
3.5.10. The amendments comply with the applicable goal and policies of this section.
Section 3.6 addresses Public Facilities and Services; Goal 1 is to support the orderly, efficient, and cost-effective
siting of rural public facilities and services. As these proposed regulations are for private development, the goal
and policies of this section do not apply.
Section 3.7 is Transportation and is covered under the findings for Goal 12.
Section 3.8 is Rural Recreational Policies, which deal with access to public lands, planning for public parks and
recreation, trail design, etc. The goal and policies are not applicable.
Section 3.9 is Destination Resort Policies and is not applicable as the regulations will not amend the County's
Destination Resort Overlay map nor change the criteria for siting a Goal 8 destination resort.
Section 3.10 Area Specific Policies describe the following geographic areas: South Deschutes County (which was
completed and ultimately became the following Section 3.11), Oregon Military Site south of the fairgrounds,
Page 9 of 10 - EXHIBIT G TO ORDINANCE NO. 2018-012
Crooked River Ranch, and Deschutes Junction. The underlying zoning in these areas remains unchanged and these
proposed amendments will not change the zoning.
Section 3.11 Newberry Country: A Plan for Southern Deschutes County. The vast majority of this area is zoned
either F-1, F-2, RR -10, or Flood Plain, which are not being amended by this proposal.
Chapter 4, Urban Growth Management: These policies deal with urban, rural and resort unincorporated
communities of Sunriver, Terrebonne, and Tumalo, Black Butte Ranch and Inn of the 7th Mountain/Widgi Creek,
and various Rural Service Centers, which are not being amended by this proposal.
Section 4.3, Unincorporated Communities, has no goals or objectives, with the exception of Tumalo and
Terrebonne, which are discussed in Sections 4.5 and 4.6 below. The proposed text amendments comply with OAR
660-022, which identifies and lists the types of unincorporated communities in the State, including those in
Deschutes County, and the uses allowed in each type. The proposed regulations are consistent with OAR 660-
022.
Page 10 of 10 - EXHIBIT G TO ORDINANCE NO. 2018-012
C. Scope. DCC Chapter 9.12 (The Deschutes County Right To Farm Ordinance) does not apply
Refer to state law specifically when noting carve -out for erati ,,
ns whetheF rFmitte d by Deschutes tCounty, Oregon Liquor i or ContF
Right to Farm 9.12.020(C) ��rr,rV.i .�� nr�„�n Option for consideration
marijuana in Right to Farm . applies to all crops, notwithstanding ORS 475B.486,
Local time place and manner regulations.
Redmond Urban Reserve Remove this subsection? Potentially redundant with n/a Need to measure if separation distances
18.24.030(6) separation'distances. accomplish this --ma
Area Combining Zonep p•
Removal of MUA-10 from
18.116.330 (multiple
allowable production references) Proposed changes OK n/a No related testimony
Separation Distances
18.116.330(B)(5)(a) Minimum yard setback: 100 feet or 200 feet? a. Minimum Yard Setback/Distance from Lot Lines. 190;200 [or 100?] feet Options for
18.116.330(6)(5)(b) Minimum off-site dwelling setback: 400 or 500 feet? b. Setback from an off-site dwelling: 890 500 [or 400?] feet. Options for
18.116.330(6)(5)(c) Removal of setback exception option OK No related t
Change wording from "Federal lands" to "Federal public
18.116.330(B)(5) and lands," and move from Separation Distances to Setbacks Add (c) Federal public lands: XXX feet Option for c
18.116.330(B)(6)(vi) section
18.116.330(B)(6)(a)
18.116.330(B)(6)(v)
18.116.330(B)(7)
Change separation distance to one-quarter mile (1,320
a. The use applicant property line shall be located a minimum of 3000-1,320 feet from:
feet)
Change language to include local and municipal parks;
,ts and State, local, and municipal parksl
remGVe redundant refer2nC^c to natlOna) monUmentS iv.
Proposed changes OK (removal of 5,000 feet of mature
canopy threshold for access standards to apply) n/a
Option for consideration. Previous proposed
change was 2,640 feet.
Per BLM. In addition, consider clarifying types
of parks (approved parks only, any land
owned by a parks department, other
options?).
No related testimony
i. A detailed analysis of the methodology, which has been independently researched anal tested
Change "independently researched and tested" to '
Odor 18.116.330(13)(9)(b)(ii) "verified operational effectiveness" for clarity including verified operational effectiveness, that will be relied upon to effectively control odor on the Option for consideration
subject property;
a. Standard'. To prevent unreasonable interference of neighbors' use and enjoyment of their property,
B
For clarification of noise source add "attributable to the .. `
Noise 18.116.330 10 a .. , sustained noise attributable to the marijuana production and/or processing shall not be detectable Option for consideration
( )( )O marijuana production and/or processing
beyond the applicant's property line above 30 dB(A) between 10:00 pm and 7:00 am the following day.
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Marijuana production registered by OHA prior to June 1, 2016
Require nonconforming use verification for pre 2016 B. All marijuana production registered by OHA prior to June 1, 2016 shall be required to apply for a
Staff proposed option during the open record
period to verify legally established medical
Nonconformity use medical marijuana production subject to existing Verification of Nonconformity Use asset forth in DCC 18.120.010 B and F .Failure for a lawful p � g Y
Nonconforming 18.116.340 new (B) J p J impose
.! .; g : < O O mar'uana `row sites in the ruraLCount and
verification nonconforming use verification standards and impose nonconforming marijuana production site to obtain a Verification of Nonconforming Use within [time?] of g y,
time limit for compliance the effective date of Ordinance 2018-012 shall deem the nonconforming use unlawful. potentially require annual reporting to
demonstrate ongoing compliance '
Change "sundown" and "sunup" to "sunrise' and
a. Inside building lighting, including greenhouses, hoop houses, and similar structures, used for
Lighting 18.116.340(B)(1)(a) sunset" marijuana production shall not be visible outside the building from sunset to sunrise No related testimony
"
n the fell.,. ing lay.
Marijuana production registered by OHA on or after June 1, 2016
Removal of MUA-10 from
18.116.340(D) (multiple
allowable production references)
18.116.340(D)(3)(a)
18.116.340(D)(3)(b)
ks 18.116.340(D)(3)(c)
18.116.340(D)(3) and
18.116.340(D)(6)(vi)
Proposed changes OK In/a
Minimum yard setback: 100 feet or 200 feet? la
ana oroductior
Minimum Yard Setback/Distance from Lot Lines: 489 200 [or 100?] feet
Minimum off-site dwelling setback: 400 or 500 feet? b. Setback from an off-site dwelling: 399 500 [or 400?] feet.
G. ExGeptien. Any reduction to these setback FecluiFements may be gFanted by the Planning DiFecter er
Removal of setback exception option OK HeaFings Body pFevided the applicant clemenstrates the reduced setbacks affoFd equal or gFeater
w4i=gatian of visual, odor, noise, lighting, privacy, and access impaGts.
Change wording from "Federal lands" to "Federal public
lands," and move from Separation Distances to Setbacks Add (c) Federal public lands: 100, 300, 500 or other feet from lot line
section
Page 1
The cannabis industry raised concerns in
written testimony
Options for consideration
Options for consideration
No related testimony
Option for consideration
Z @Sed