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2019-342-Minutes for Meeting July 01,2019 Recorded 7/31/2019TES 0 BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541) 388-6570 Recorded in Deschutes County CJ2019-342 Nancy Blankenship, County Clerk Commissioners' Journal 07/31/2019 8:43:50 AM 121)1111111111111111111111111111 FOR RECORDING STAMP ONLY BOCC MEETING MINUTES 1:00 PM MONDAY July 1, 2019 ALLEN CONFERENCE ROOM Present were Commissioners Patti Adair, Anthony DeBone and Phil Henderson. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; David Doyle, County Counsel; and Sharon Keith, Board Executive Assistant. Several citizens and identified representatives of the media were in attendance. CALL TO ORDER: Chair Henderson called the meeting to order at 1:01 p.m. ACTION ITEMS 1. Victims of Crime Act Grant Funding Application Ashley Beatty, Program Manager of Victims Assistance Program presented two grant opportunities to fund advocate staff for two to three years. The VOCA non-competitive grant funds the victim's impact program for a two year period and has been awarded in the past. Since this grant is non- competitive it was not a part of the budget discussions. The match is a 25% that is covered through general fund/volunteers. The second grant opportunity is a VOCA Competitive grant and covers three years of funding. Discussion held on the grant application and reporting process. As a BOCC MEETING JULY 1, 2019 PAGE 1 OF 5 requirement of the grant application, a letter signed by the Board of Commissioners was presented for approval. The Board recommended to revise the letter to clarify the two separate grant applications. Ms. Beatty will revise and present two separate letters for Commissioner signatures. DEBONE: Move approval of grant applications for Victims of Crime Act ADAIR: Second VOTE: DEBONE: Yes ADAIR: Yes HENDERSON: Chair votes yes. Motion Carried 2. Wildfire Hazard Zone Next Steps Discussion Community Development Department staff Zechariah Heck, Chris Gracia, Nick Lelack and County Forester Ed Keith presented the continued discussion on the wildfire hazard zone. The current mapping show a wildfire hazard zone that encompasses the entire county. The new state building codes division rules address the wildfire hazard zone and each new provision refers to the new criteria. Several maps were designed to review wildfire risk throughout Deschutes County. Based on the Board's direction maps can be created to show the wildfire hazard zones of Deschutes County. Options include considering the selection of a landscape approach and scoring methodology to update the current countywide Wildfire Hazard Zone map. Commissioner Adair spoke on potential impacts of insurance companies not covering homes built in wildfire prone areas. Commissioner Henderson suggested a work group to focus on the approach. Mr. Lelack will form a concept of the scope of a work group and bring it back to the Commissioners for consideration. Staff will also create a map showing areas that are not inhabitable as well as an overlay map of historical fires. BOCC MEETING JULY 1, 2019 PAGE 2 OF 5 3. Potential Appeal of Marijuana Processing Operation at 62870 Johnson Ranch Road and Consideration of Order No. 2019-028 Kyle Collins, Community Development Department presented this item for discussion. The original proposal submitted on April 23, 2019 was for a processing facility of 2100 square foot. The applicant has requested to modify the application to reduce the size of the facility from 2100 to 480 square feet. The Board will serve as the hearings body should an appeal be filed. DEBONE: Move approval of Order No. 2019-028 ADAIR: Second VOTE: DEBONE: Yes ADAIR: Yes HENDERSON: Chair votes yes. Motion Carried 4. Presentation Review for State of the County Address Laura Skundrick, Administrative Assistant presented the revised draft of the State of the County Address presentation. The Bend Chamber of Commerce State of the County Address is scheduled for Tuesday, July 9, 2019. The Board directed several revisions. County Administrator Anderson has promotional swag for this year's Fair celebration for the Board to hand out during this event. OTHER ITEMS: • County Administrator Anderson reported the OLCC is presenting a Local Government Listening session (concerning MJ rules) on July 9 at the Riverhouse from 4:00 - 5:30. • Community Development Director Nick Lelack presented a draft press release for the Marijuana Text Amendments Public Hearing of July 3. BOCC MEETING JULY 1, 2019 PAGE 3 OF 5 COMMISSIONER UPDATES • The Board attended the Upper Deschutes River Coalition meeting on June 27, 2019. • Commissioner Henderson attended the Water in the West event at the High Desert Museum. • Commissioner Adair attended the Crooked River Roundup last weekend. • Commissioner DeBone scheduled a site visit at Community Justice last week and the Cascades East planning update on Friday. • County Administrator Anderson reported on the Terrebonne Sewer concept and CDD staff will provide information to the Board regarding the consideration of the sewer study. Individual meetings will be scheduled with the Board in the next two weeks. • Commissioner Adair has been invited to participate in the Sisters Country Vision project and reported on a request for Deschutes County staff support for the committee. EXECUTIVE SESSION: At the time of 3:21 p.m., the Board went into Executive Session under ORS 192.660 (2) (e) Real Property Negotiations. The Board came out of Executive Session at 4:11 p.m. At the time of 4:15 p.m., the Board went into Executive Session under ORS 192.660 (2) (h) Litigation. The Board came out of Executive Session at 5:12 p.m. At the time of 5:15 p.m., the Board went into Executive Session under ORS 192.660 (2) (d) Labor Negotiations. The Board came out of Executive Session at 5:29 p.m. BOCC MEETING JULY 1, 2019 PAGE 4 OF 5 ADJOURN Being no further items to come before the Board, the meeting was adjourned at 5:29 p.m. DATED this Day of Commissioners. RECORDING SECRETARY BOCC MEETING 2019 for the Deschutes County Board of rfk PHILIP G. H DERSON, CHAIR t -k --- 9—AL-- PATTI ADAIR, VICE CHAIR ANTHONY DEBONE, COMMISSIONER JULY 1, 2019 PAGE 5 OF 5 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 - www.deschutes.org BOCC MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:00 PM, MONDAY, JULY 1, 2019 Allen Conference Room - Deschutes Services Building, 2ND Floor - 1300 NW Wall Street - Bend This meeting is open to the public, and allows the Board to gather information and give direction to staff. Public comment is not normally accepted. Written minutes are taken for the record Pursuant to ORS 192.640, this agenda includes a list of the main topics that are anticipated to be considered or discussed. This notice does not limit the Board's ability to address other topics. Meetings are subject to cancellation without notice. Item start times are estimated and subject to change without notice. CALL TO ORDER ACTION ITEMS 1. 1:00 PM Victims of Crime Act Grant Funding Application - Ashley Beatty, Program Coordinator 2. 1:15 PM Wildfire Hazard Zone Next Steps Discussion - Zechariah Heck, Associate Planner 3. 2:15 PM Potential Appeal of Marijuana Processing Operation at 62870Johnson Ranch Road, and Consideration of ORDER No. 2019-028 - Kyle Collins, Assistant Planner 4. 2:30 PM Presentation Review for State of the County Address COMMISSIONER'S UPDATES OTHER ITEMS Board of Commissioners BOCC Meeting Agenda Monday, July 1, 2019 Page 1 of 2 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. EXECUTIVE SESSION Executive Session under ORS 192.660 (2) (h) Litigation and ORS 192.660 (2) (e) Real Property Negotiations At any time during the meeting, an executive session could be called to address issues relating to ORS 192.660(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. This event/location is accessible to people with disabilities. If you need accommodations to make participation possible, please call (department Admin contact) (541) 617-4747. FUTURE MEETINGS: Additional meeting dates available at www.deschutes.or:/meetin:calendar Meeting dates and times are subject to change. If you have questions, please call (541) 388-6572. Board of Commissioners BOCC Meeting Agenda Monday, July 1, 2019 Page 2 of 2 DATE: 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 BOCC Monday Meeting of July 1, 2019 FROM: Ashley Beatty, District Attorney's Office, TITLE OF AGENDA ITEM: Victims of Crime Act Grant Funding Application AGENDA REQUEST & STAFF REPORT For Board Business Meeting of ASAP DATE: June 27, 2019 FROM: Ashley Beatty Victims Assistance 541-317-3186 TITLE OF AGENDA ITEM: Consideration of Board Approval to Apply for Victims of Crime Act Grant Funding. PUBLIC HEARING ON THIS DATE? N/A BACKGROUND AND POLICY IMPLICATIONS: Deschutes County Victims Assistance currently receives grant funding through the Victims of Crime Act. Victims Assistance would like permission to apply for two grants that would assist the Victims Assistance Program in meeting their statutory obligation provide services to victims of crime. FISCAL IMPLICATIONS: There are two VOCA grants that Victims Assistance is requesting permission to apply for: 1) VOCA Non -Competitive Grant- this is a formula grant that is determined based on crime rate and population. This funding is increasing in amount. It currently funds 2.75 FTE. With the increase in funding, it would fund 3.75 FTE. This grant will provide funding for 2 years for the 3.75 FTE. We are required to provide match and this will be met through existing county dollars. There is no additional impact to the general fund budget. 2) VOCA Competitive Grant- this is a funding opportunity to increase capacity of Victims Assistance Programs through VOCA projects. Victims Assistance has previously had project -related funding through VOCA which has been successful. This opportunity would fully fund an additional advocate, their training requirements and services for victims. There is a match requirement that would be met through volunteer hours. There is no impact to the general fund budget. RECOMMENDATION & ACTION REQUESTED: Please provide BOCC support to Victims Assistance in applying for VOCA funding. ATTENDANCE: Ashley Beatty will be attending the meeting DISTRIBUTION OF DOCUMENTS: No documents required. Let me know if you think I should attach the solicitations. June 26, 2019 Deschutes County Board of County Commissioners 1300 NW Wall Street Bend, OR 97703 CVSSD Fund Coordinator Oregon Department of Justice Crime Victim and Survivor Services Division 1162 Court Street NE Salem, OR 97301 Dear CVSSD Fund Coordinator: This letter is to inform you that, on behalf of the Deschutes County Board of County Commissioners for Deschutes County Oregon, John Hummel, District Attorney, is hereby given authority to sign Victim of Crime Act Grant Application award documents and reporting forms on behalf of the Deschutes County Board of County Commissioners for the award period of October 155, 2019 to September 30, 2022. Please contact me should you have questions or require additional information. Sincerely, Deschutes County Board of County Commissioners STATEMENT OF COMPLIANCE Statement of Compliance with Eligibility By submitting an Application, the Applicant certifies the ability to meet the common eligibility requirements described in the Request for Applications. Statement of Compliance with Applicable State and Federal Laws By submitting an application, the Applicant certifies the intent to comply with all relevant federal, state, and local laws and regulations, including, but not limited to, Title VI of the Civil Rights Act, Section 504 of the Rehabilitation Act, Title II of the Americans with Disabilities Act, Federal Funding Accountability and Transparency Act, Services to Limited English -Proficient Persons, and the terms and conditions contained in the Grant Agreement, including the following incorporated as Exhibits A through F, accessible on the VOCA webpage: Initials To the best of my knowledge and belief, all data in this Application is true and correct, the document has been duly authorized by the governing body of the Applicant, and the Applicant accepts all of the requirements contained in this Request for Applications. i Authorized Person's Name (Please print) Title Authorized Pe'rson's Signature Date 007 Certifications Regarding Lobbying; Debarment, Suspension And Other Responsibility Matters; And Drug -Free Workplace Requirements &L,A Standard Assurances i'. Single Audit Certification Letter ea Certification of Compliance With Regulations Office For Civil Rights, Office of Justice Programs for Sub -grants Issued by the Oregon Department Of Justice al- Victims of Crime Act Special Conditions To the best of my knowledge and belief, all data in this Application is true and correct, the document has been duly authorized by the governing body of the Applicant, and the Applicant accepts all of the requirements contained in this Request for Applications. i Authorized Person's Name (Please print) Title Authorized Pe'rson's Signature Date 007 OREGON DEPARTMENT OF JUSTICE Crime Victims' Services Division Certification - Whistleblower Protection (41 U.S.C. §4712) Congress has enacted several whistleblower protection statutes to encourage employees to report fraud, waste, and abuse. The latest statute (41 U.S.C. §4712) went into effect on July 1, 2013, and applies to all employees working for contractors, grantees, subcontractors and sub - grantees on federal grants and contracts. The statute states that an "employee of a contractor, subcontractor, grantee [or sub -grantee] may not be discharged, demoted, or otherwise discriminated against as a reprisal for "whistleblowing." In addition, whistleblower protections cannot be waived by any agreement, policy, form or condition of employment. This statute requires all grantees and their subcontractors to: 1. Inform their employees working on any Federal award that they are subject to the whistleblower rights and protection; 2. Inform their employees in writing of employee whistleblower protections under 41 U.S.C. §4712 in the predominant native language of the workforce. Whistleblowing is defined as making a disclosure "that the employee reasonably believes" is evidence of any of the following: 1. Gross mismanagement of a Federal contract or grant; 2. A gross waste of Federal funds; 3. An abuse of authority relating to a Federal contract or grant; 4. A substantial and specific danger to public health or safety; or, 5. A violation of law, rule, or regulation related to a Federal contract or grant (including the competition for, or negotiation of, a contract or grant). To qualify under the statute, the employee's disclosure must be made to: 1. A Member of Congress, or a representative of a Congressional Committee; 2. An Inspector General; 3. The Government Accountability Office; 4. A federal employee responsible for contract or grant oversight or management at the relevant agency; 5. A court or grand jury; or, 6. A management official or other employee of the contractor, subcontractor, grantee, or sub- grantee who has the responsibility to investigate, discover or address misconduct. INITIALS en Applicant has read and understands 41 U.S.C. §4712, including the prohibitions on reprisal and notification to employees. Applicant understands that employees may not be discharged, demoted, or Ch otherwise discriminated against as a reprisal for "whistleblowing." Applicant understands that whistleblower protections cannot be waived by any agreement, policy, form or condition of employment. Applicant will inform employees of whistleblower rights and protections including to whom disclosures must be made, what to do if they believe retaliation has occurred, and how to report a wrongdoing. Applicant ensures that any subcontractors will be informed of their requirements under 41 U.S.C. §4712 and will require that subcontractors inform any employees workingunder a federal award of their whistleblower rights and protections. Page 1 of 2 By initialing the boxes above and signing below, the Applicant accepts all of the requirements contained in the Whistle -blower protection statute (41 U.S.C. §4712). Grantee Name iG5C /Iiut CB COun 51"1' L: i 1 `L Hoff 1)t, f uk; u447 Nr(rn fni s 7;94,6y Authorized Person's Name (please print) Title Uu.( 3, 2oli Authorized Person's Signature Date Please print, initial, sign, and upload into E -Grants under My Organization, Organization Details, Certifications, Whistleblower Certification. 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 BOCC Monday Meeting of July 1, 2019 DATE: June 25, 2019 FROM: Zechariah Heck, Community Development, 541-385-1704 TITLE OF AGENDA ITEM: Wildfire Hazard Zone Next Steps Discussion BACKGROUND AND POLICY IMPLICATIONS: This meeting is a continuation of the June 12 Wildfire Hazard Zone Map presentation and discussion. Staff will seek Board direction on next steps at the July 1 meeting. ATTENDANCE: Nick Lelack, CDD Director; Chris Gracia, Assistant Building Official; Ed Keith, County Forester; Zechariah Heck, Associate Planner; et al. MEMORANDUM DATE: June 25, 2019 TO: Board of County Commissioners ("Board") FROM: Nick Lelack, CDD Director Ed Keith, County Forester Chris Gracia, Assistant Building Official Zechariah Heck, Associate Planner RE: Wildfire Hazard Zone Map - Follow-up Discussion COMA UNi,.TY, r This meeting is a continuation of the June 12 Wildfire Hazard Zone Map presentation and discussion. Please reference the same meeting materials. I. BOARD DIRECTION Staff seeks Board direction on next steps. Potential options and questions for the Board's consideration are listed below. Wildfire Hazard Zone Map R-327 1. Select a landscape approach and scoring methodology to update the current, Countywide Wildfire Hazard Zone map?1 Initiate a process to adopt the new zone / map. 2. Direct staff to prepare additional landscape approaches and/or scoring methodologies for the Board's consideration. 3. Direct staff to establish a workgroup to further consider appropriate landscape approaches and scoring methodologies. If this option is selected, staff will be prepared to summarize workgroup options. 4. Do not proceed with updating the County -wide Wildfire Hazard Zone map. 1. Direct staff to schedule a Board work session to present the decision points and options within R-327 as a starting point for the Board's consideration at subsequent meetings. 1 The entire county is currently considered within the Wildfire Hazard Zone, per Ordinance 2001-024. 117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 Q(541) 388-6575 @ cdd@deschutes.org ( www.deschutes.org/cd 2. Direct staff to establish a workgroup to identify the decision points and options within R-327, and then present the decision points and options to the Board. 3. Postpone consideration of R-327 until the Board approves the Wildfire Hazard Zone map. 4. Postpone consideration of R-327 until Southern Oregon jurisdictions have adopted R-327. 5. Do not proceed with consideration of R-327. Land Use Standards 1. Direct staff to schedule a Board work session to present the decision points and options for new wildfire hazard mitigation land use standards as a starting point for the Board's consideration at subsequent meetings. 2. Direct staff to establish a workgroup (potentially the same as R-327 above if this option is selected) to identify the decision points and options, and then present the decision points and options to the Board. 3. Postpone consideration of wildfire mitigation land use standards until the Board approves the Wildfire Hazard Zone map. 4. Do not proceed with consideration of wildfire hazard mitigation land use standards. Page 2 of 2 ROM 0 E E O U >, 0 0 ro ca w LI) 113 0,) v, LA r -l• in n a, C (D - - n 130 in o < m rD (D P Q (/t cj T - n n, rD D - v D S ( G T T T T (D (D S2° (D (D (D 0 0 0 0 0 -' -s_ -1' - r-nt rrt- N (D rnt rr rr--t Cl. 01 0) 01 O 01 Ul 01 P 4 W W J N co - (01 1 0 W Wildfire Hazard Fire District Weighted Average Risk kWFlo" 44 smat s o. 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Nersmiuneays. / 14,\ 40,11 Via mes, ,474,k InMI httUnnnlIIUHN ion MHO III IOIIMMIlli VIII MU�=e MInIIIID__ � = .044 �✓��a..���1\1��. gid► .�� 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 BOCC Monday Meeting of July 1, 2019 DATE: June 24, 2019 FROM: Kyle Collins, Community Development, 541-383-4427 TITLE OF AGENDA ITEM: Potential Appeal of Marijuana Processing Operation at 62870 Johnson Ranch Road On April 23rd, 2019, an application was filed for a Modification of Conditions (MC) to alter a previously approved marijuana and farm crop processing facility at 62870 Johnson Ranch Road, Bend (reference land use file nos. 247 -17 -000742 -AD and 247 -17 -000743 -SP). The applicant requested approval to alter certain physical characteristics for the previously approved marijuana and farm crop processing facility in the Exclusive Farm Use (EFU) Zone. The proposal is to reduce the marijuana and farm crop processing facility from 2,100 square feet to 480 square feet, and to modify the required noise and odor control systems for the new structure. All siting and access requirements will remain unchanged from the previous approval. Per DCC 22.36.040(C), staff reviewed only the criteria applicable to that particular aspect of the proposal which was proposed for modification, namely the square footage reduction, the odor mitigation system, and the noise mitigation system. Additionally, staff finds the proposed modification is not a substitute for an appeal or a substantially new proposal. ATTENDANCE: Kyle Collins, Assistant Planner STAFF MEMO TY, DEVELOPMENT Date: July 1St, 2019 To: Board of County Commissioners From: Kyle Collins, Assistant Planner Re: Administrative Decision (File No. 247 -19 -000335 -MC) to Hear Potential Appeal The Board of County Commissioners (Board) will conduct a work session on July 1St at 1:30 PM and will consider hearing a potential appeal of an administrative decision (File No. 247 -19 -000335 -MC) approving a modification to a previously approved marijuana processing operation. I. Application On April 23rd, 2019, an application was filed for a Modification of Conditions (MC) to alter a previously approved marijuana and farm crop processing facility at 62870 Johnson Ranch Road, Bend (reference land use file nos. 247 -17 -000742 -AD and 247 -17 -000743 -SP). The applicant requested approval to alter certain physical characteristics for the previously approved marijuana and farm crop processing facility in the Exclusive Farm Use (EFU) Zone. The proposal is to reduce the marijuana and farm crop processing facility from 2,100 square feet to 480 square feet, and to modify the required noise and odor control systems for the new structure. All siting and access requirements will remain unchanged from the previous approval. 11. Decision The Planning Division issued an administrative decision for a modification to marijuana and farm crop processing on June 21St, 2019, determining the applicant met the applicable criteria. Notice of the decision was sent to neighboring property owners. No public comments have been received. The decision becomes final if not appealed by 5:00 PM on July 3rd, 2019. III. Appeal No appeal has been filed as of the date of this memo, and staff considers an appeal is unlikely based on receiving no public comments. i 1 7 NW Lafayette Avenue, Bend, Oregon 97703 P.o. Box 6005, Bend, OR 97708-6005 (54 i) 388-6575 e cdd(vdeschu es .org E www.devt 00.--?s.org/cd IV. 150 -day Issuance of a Final Local Decision The 150 -day period for issuance of a final local decision is October 20th, 2019. V. Board Options Section 22.28.050 of the Deschutes County Code authorizes the Board of County Commissioners to initiate a review of any administrative action or a Hearings Body's decision within 12 days of the date of mailing of the final written decision of the Planning Director or lower Hearings Body. The 12th day (including weekends) following the mailing date of this decision is Monday, July 8th, 2019. A Board Order (2019-028) to initiate review is attached to this memo. The Board may set reasonable time limits on oral testimony at public hearings, pursuant to DCC 22.24.070. If the Board hears a potential appeal and sets time limits for testimony, staff will include those time limits in the notice of public hearing. The entire record as of June 24th, 2019, is attached to this memo and is presented with the most recent items first. Table of Contents: 1. 2019-06-24 Board Order 2019-028 (unsigned) 2. 2019-06-24 Findings & Decision 3. 2019-06-24 Notice of Decision 4. 2019-06-19 Amended Mechanical Engineers Report 5. 2019-06-19 P Horton Email re Amended Mechanical Engineers Report 6. 2019-06-17 CEC Will -Serve dated 2019-06-17 7. 2019-06-17 P Horton Email re CEC Will -Serve dated 2019-06-17 8. 2019-06-13 Land Use Action Sign Affidavit 9. 2019-05-13 Senior Transportation Comments 10. 2019-05-10 COID Comments 11. 2019-05-03 Building Division Comments 12. 2019-05-03 Notice of Application 13. 2019-05-01 Land Use Sign Email 14. 2019-04-24 Land Use Application & Burden of Proof 15. 2019-04-24 Burden of Proof - Exhibit 1 - Deed 16. 2019-04-24 Burden of Proof - Exhibit 2 - Site Plan 17. 2019-04-24 Burden of Proof - Exhibit 3 - Floor Plan 18. 2019-04-24 Burden of Proof - Exhibit 4 - OWRD Water Rights Transfer Order 19. 2019-04-24 Burden of Proof - Exhibit 5 - COID Irrigation Agreement 20. 2019-04-24 Burden of Proof - Exhibit 6 - OLCC Marijuana Cultivation Plan 21. 2019-04-24 Burden of Proof - Exhibit 7 - CEC Will -Serve dated 2016-11-03 22. 2019-04-24 Burden of Proof - Exhibit 8 - Mechanical Engineers Report 247 -19 -000335 -MC Page 2 of 2 NOTICE OF DECISION The Deschutes County Planning Division has approved the land use application(s) described below: FILE NUMBERS: LOCATION: APPLICANT/OWNER: SUBJECT: 247 -19 -000335 -MC The subject property has an assigned address of 62870 Johnson Ranch Road, Bend and is further identified on County Assessor's Map 17-14- 23 as Tax Lot 1300. J Pat Horton The Deschutes County Planning Division has approved a modification of conditions associated with a marijuana processing operation approved under land use file nos. 247 -17 -000742 -AD and 247 -17- 000743 -SP. The alteration will not increase the footprint of the structure. The applicant proposes to reduce the marijuana and farm crop processing facility from 2,100 square feet to 480 square feet, and modify the required noise and odor control systems for the new structure. All siting and access requirements will remain unchanged from the previous approval. STAFF CONTACT: Kyle Collins, Assistant Planner Kyle.Collins@deschutes.org, (541) 383-4427 APPLICABLE CRITERIA: The Planning Division reviewed this application for compliance against criteria contained in Chapters 18.16, 18.116, and 18.124, in Title 18 of the Deschutes County Code (DCC), the Deschutes County Zoning Ordinance, as well as against the procedural requirements of Title 22 of the DCC. DECISION: Staff finds that the application meets applicable criteria, and approval is being granted subject to the following conditions: CONDITIONS OF APPROVAL: A. This approval is based upon the application, site plan, specifications, and supporting documentation submitted by the applicant. Any substantial change in this approved use will require review through a new land use application. 117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 (541) 388-6575 @ cdd@deschutes.org ; www.deschutes.org/cd B. All conditions of approval associated with the following land use decisions remain in effect: o 247 -16 -000525 -AD o 247 -16 -000526 -AD o 247 -16 -000527 -SP o 247 -17 -000742 -AD o 247 -17 -000743 -SP C. The applicant will discontinue any processing operations in the existing buildings on site once processing operations are transferred to the new proposed building. D. The applicant shall assure that at least one-quarter of the farm crops processed at the facility in any calendar year, measured by weight, are produced at the farm operation on the subject property. In addition, the applicant shall provide to the Planning Division written documentation of compliance with the requirement in paragraph DCC 18.16.025(1) by submitting processed crop summaries to the Planning Division on request, and no less frequently than on an annual basis by January 31 of each year. E. The odor and noise control plan described in the April 18th, 2019 letter from ColeBreit Engineering, must at all times prevent unreasonable interference of neighbors' use and enjoyment of their property. The odor control system shall be maintained in working order and shall be in use. F. Sustained noise including ambient noise levels shall not be detectable beyond the applicant's property line above 45 dB(A) in total between 10:00 pm and 7:00 am the following day. G. A copy of the required maintenance activities and dates described in the April 18th, 2019 letter from ColeBreit Engineering shall be posted onsite at all times and a test -activation of all exhaust fans and fogger systems shall be performed every three months to ensure proper working conditions. H. The uses listed in DCC 18.116.330(20) shall be prohibited on the subject property so long as Marijuana Production and/or Processing are conducted on the site. I. The annual reporting requirements of DCC 18.116.330(D) shall be met. 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: Land use decision and permits. ii. Fire, health, safety, waste water, and building codes and laws. iii. State of Oregon licensing requirements. b. An optional statement of annual water use. 247 -19 -000335 -MC Page 2 of 3 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. The applicant must consent in writing to allow Deschutes County to, randomly and without prior notice, inspect the premises and ascertain the extent and effectiveness of the odor control system(s), compliance with the Deschutes County Code, and applicable conditions of approval. Inspections may be conducted by the County up to three (3) times per calendar year, including one inspection prior to the initiation of use. K. Prior to issuance of the building permits for the modified marijuana processing facility, the applicant shall sign and record, in the deeds records for the County, a Conditions of Approval Agreement to ensure compliance with Conditions A -J above. This decision becomes final twelve (12) days after the date mailed, unless appealed by a party of interest. To appeal, it is necessary to submit a Notice of Appeal, the appeal fee of $250.00 and a statement raising any issue relied upon for appeal with sufficient specificity to afford the Hearings Body an adequate opportunity to respond to and resolve each issue. Copies of the application, all documents and evidence submitted by or on behalf of the applicant and applicable criteria are available for inspection at no cost. Copies can be purchased for 25 cents per page. NOTICE TO MORTGAGEE, LIEN HOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST BE PROMPTLY FORWARDED TO THE PURCHASER. 247 -19 -000335 -MC Page 3 of 3 [Tole MAP WAS PREPAREO FOR i ASSESSMENT PURPOSE ONLv 2/18,2015 SECTION 23 T.17S. R.14E. W.M. DESCHUTES COUNTY 1" =4O(:). SEE MAP IV to 11 a 13 22 101 24 PARCEL2 &0 2-45' .\1 )3 62870 Johnson Ranch Road File No. 247 -19 -000335 -MC 1100 25 17 14 23 Canceled Nos. 200 601 900 1000341 1102M1 17 14 23 FINDINGS AND DECISION FILE NUMBER: 247 -19 -000335 -MC APPLICANT: J Pat Horton OWNER: Elite Soil LLC REQUEST: The applicant requests a modification of conditions associated with a marijuana processing operation approved under land use file nos. 247- 17 -000742 -AD and 247 -17 -000743 -SP. The proposed alteration will not increase the footprint of the structure. The applicant proposes to reduce the marijuana and farm crop processing facility from 2,100 square feet to 480 square feet, and modify the required noise and odor control systems for the new structure. All siting and access requirements will remain unchanged from the previous approval. STAFF CONTACT: Kyle Collins, Assistant Planner I. APPLICABLE CRITERIA: Title 18 of the Deschutes County Code, the County Zoning Ordinance: Chapter 18.16, Exclusive Farm Use Zone (EFU) Chapter 18.116, Supplementary Provisions Chapter 18.124, Site Plan Review Title 22 of the Deschutes County Code, the County Development Procedures Ordinance Chapter 22.36. Limitations on Approvals I1. BASIC FINDINGS: A. LOCATION: The subject property has an assigned addresses of 62870 Johnson Ranch Road, Bend, OR 97701, and is identified on County Assessor Tax Map 17-14-23, as Tax Lot 1300. B. LOT OF RECORD: The subject property was found to be a legal lot of record in land use decision 247 -16 -000525 -AD. 117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 (541) 388-6575 @cdd@deschutes.org d www.deschutes.org/cd C. ZONING: The subject property is zoned Exclusive Farm Use - Alfalfa Subzone (EFUAL). D. SITE DESCRIPTION: The subject property is approximately 19.2 acres in size, is generally rectangular in shape, and fronts on Johnson Ranch Road to the west. Most of the topography is relatively level and cleared of vegetation. The subject property is currently developed with an existing 8,000 square -foot agricultural building and several greenhouses for an approved recreational marijuana production and processing facility approved pursuant to land use file numbers 247 -16 -000525 -AD, 16 -526 -AD, 16 -527 -SP, 17 -742 -AD, and 17 -743 -SP. Proposed Location of Modified Marijuana Processing Building v, • MC, OREE.C.111 r pagan OW L�. scnun.. vxisuc NOI F ORCCNS'RUC CN EXISTING CONDITIONS { AND PROPOSED IMPROVEMENTS E. SURROUNDING LAND USES: The subject property is located in the Exclusive Farm Use Zone and is surrounded by agricultural and low density residential uses to the east, west, north, and south. Properties to the southeast across Willard Road are within the Rural Service Center Residential and the Rural Service Center Commercial/Mixed Use Zones and are primarily developed with single family dwellings and the rural Alfalfa Store. F. PROPOSAL: The applicant proposes to modify an administrative determination and site plan approval for a marijuana and farm crop processing facility approved under land use file numbers 247 -17 -000742 -AD and 247 -17 -000743 -SP. Specifically, the applicant proposes to 247 -19 -000335 -MC Page 2 of 33 EC1.0 reduce the size of the originally proposed processing building from 2,100 square feet to 480 square feet, and to alter the associated odor and noise control systems. No changes to the originally approved siting of the processing structure and no changes to the marijuana production facilities onsite are included in the current proposal. G. PUBLIC NOTICE: Notice of the subject application was mailed to the owners of record of all property located within 750 feet of the subject property, and to affected public agencies. The applicant submitted a Land Use Sign Affidavit indicating the land use action sign was posted on the property on May 2', 2019. I. PUBLIC AGENCY COMMENTS: The Planning Division requested and received comments from the following agencies: Deschutes County Building Safety Division, Randy Scheid: The Deschutes County Building Safety Divisions code mandates that Access, Egress, Setbacks, Fire & Life Safety, Fire Fighting Water Supplies, etc. must be specifically addressed during the appropriate plan review process with regard to any proposed structures and occupancies. Accordingly, all Building Code required items will be addressed, when a specific structure, occupancy, and type of construction is proposed and submitted for plan review Deschutes County Senior Transportation Planner, Peter Russell: / have reviewed the transmittal materials for 247 -19 -000355 -MC to reduce the size of a marijuana production facility from 2,100 square feet to 480 square feet in the Exclusive Farm Use (EFU) zone at 62870 Johnson Ranch Road, aka 17-14-23, Tax Lot 1300. The processing building was originally approved under 247-17-000742-AD/743-SP. (Staff notes the burden of proof sometimes cites 2,100 square feet being previously approved and other times states it was 1,200 square feet.) The Institute of Traffic Engineers (ITE) Trip Generation Manual has no category for marijuana production. With Board consent, the County as a practice has used Manufacturing (LU 140) as the closest analogous use, which produces 3.93 weekday trips per 1,000 square feet. At 480 square feet, the proposed processing site would produce 1.89 weekday trips (0.480 X 3.93). Deschutes County Code (DCC) at 18.116.310(C)(3)(a) states no traffic analysis is required for any use that will generate less than 50 new weekday trips. The proposed land use will not meet the minimum threshold for additional traffic analysis. Johnson Ranch Road is a collector maintained by the County. The applicant will need to either provide a copy of an access permit from Deschutes County or be required as a condition of approval to obtain one for each parcel to comply with DCC 17.48.210(A). Board Resolution 2013-020 sets a transportation system development charge (SDC) rate of $4,240 per p.m. peak hour trip. However, the applicant is already paying SDCs via a 10 year payment plan based 247-17-000742-AD/743-SP and 247-16-000525-AD/526-AD/527-SP. No further SDCs are required as the reduction of the processing square footage means the site will generate fewer p.m. peak hour trips. 247 -19 -000335 -MC Page 3 of 33 Central Oregon Irrigation District (COID), Kelley O'Rourke: Please be advised that Central Oregon Irrigation District (COID) has reviewed the provided Notice of Application received via mail on May 3, 29, 2019 for the above referenced project located in the 17-14-23, as tax lot 1300. The property address is 62870 Johnson Ranch Road, Bend, Oregon 97701. The applicant proposes to shrink the marijuana production facility from 2,100 square feet to 480 square feet, and modify the required noise and odor control system for the new structure. All siting and access requirements will remain unchanged from the previous approval. COID serves this property with 14.0 acres of irrigation water issued on certificates 83571 and 76714. Our understanding is that the 1-3-8 Lateral runs along the northern property boundary. Listed below are COIDs conditions of approval based on the provided schematics. All development affecting irrigation facilities shall be in accordance with COID's Development Handbook and/or as otherwise approved by the District. • Any irrigation conveyance, District or private, which passes through the subject property shall not be encroached upon without written permission from this office. • No structures of any kind, including fences, are permitted within COID property/easement/right of way. • COID serves this property with 14.0 acres of irrigation water issued on certificates 83571 and 76714. A portion of these water rights are appurtenant to land where greenhouses were constructed. Property owner must allow COID staff annual access to greenhouses to document beneficial use of the water. If water is no longer utilized in the greenhouses for purposes of producing crop, water rights should be removed or otherwise put to beneficial use through programs offered by COID. Property owner should contact COID to write a plan to protect and maintain the water rights. Our comments are based on the information provided which we understand to be schematic in nature at this time. Our comments are subject to change and additional requirements may be made as site planning progresses and additional information becomes available. Please provide updated documents for review as they become available. Irrigation infrastructure and rights-of-way are required to be identified on all maps and plans. Policies, standards and requirements set forth in the COID Developer Handbook must be complied with. A pre -development review meeting with COID staff is recommended. The following agencies either had no comment or did not respond to the notice: Deschutes County Assessor, Deschutes County Environmental Soils Division, Deschutes County Road Department, Deschutes County Environmental Health Division, Oregon Liquor Control Commission, Oregon Deputy State Fire Marshall, Alfalfa Fire District, and the Oregon Department of Agriculture. PUBLIC COMMENTS: The Planning Division mailed written notice of these actions to property owners within 750 feet of the subject property on May 3rd, 2019. No comments were received. 247 -19 -000335 -MC Page 4 of 33 K. REVIEW PERIOD: The application was submitted on April 23rd, 2019. Staff deemed the application complete and accepted it for review on May 23rd, 2019. The 150th day on which the County must take final action on the application is October 20th, 2019. III. FINDINGS: Title 22, Deschutes County Development Procedures Ordinance A. Chapter 22.36. Limitation on Approvals 1. Section 22.36.040. Modification of Approval. A. An applicant may apply to modify an approval at any time after a period of six months has elapsed from the time a land use action approval has become final. FINDING: This criterion has been met because the applicant has applied to modify the approval for 247 -17 -000742 -AD and 247 -17 -000743 -SP approximately 15 months after the time the approval became final. Staff approved the administrative determination and site plan permit for the marijuana and farm crop processing facility by the written decision mailed January 11th, 2018, which became final on January 23rd, 2018, once the 12 -day appeal period had lapsed. B. Unless otherwise specified in a particular zoning ordinance provision, the grounds for filing a modification shall be that a change of circumstances since the issuance of the approval makes it desirable to make changes to the proposal, as approved. A modification shall not be filed as a substitute for an appeal or to apply for a substantially new proposal or one that would have significant additional impacts on surrounding properties. FINDING: Based on the submitted application materials, the applicant is proposing to reduce the square footage and the corresponding odor and noise mitigation system for a previously approved marijuana and farm crop processing operation onsite. The proposed modification is not a substitute for an appeal or a substantially new proposal. As addressed below, staff finds the proposed modification will not have significant additional impacts on surrounding properties. This criterion is met. C. An application to modify an approval shall be directed to one or more discrete aspects of the approval, the modification of which would not amount to approval of a substantially new proposal or one that would have significant additional impacts on surrounding properties. Any proposed modification, as defined in DCC22.36.040, shall be reviewed only under the criteria applicable to that particular aspect of the proposal. Proposals that would modify an approval in a scope greater than allowable as a modification shall be treated as an application for a new proposal. 247 -19 -000335 -MC Page 5 of 33 FINDING: As stated above, the applicant is proposing to reduce the square footage and the corresponding odor and noise mitigation system for a previously approved marijuana and farm crop processing operation onsite. Staff finds that these alterations are discrete aspects of the original approval as defined above. No other changes to the use of the processing facility are proposed and the altered structure itself will be located in same location as the previous approval. No additional structures are proposed under the current application. Under the current application, staff will review only the criteria applicable to that particular aspect of the proposal which is proposed for modification, namely the square footage reduction, the odor mitigation system, and the noise mitigation system. As the original structure will be reduced in size, staff finds the proposed modification will not have significant additional impacts on surrounding properties. This criterion is met. D. An application for a modification shall be handled as a land use action. FINDING: The proposed modification is being handled as a land use action. Notice of decision will be mailed to property owners within 750 feet of the subject property. Title 18, Deschutes County Zoning Ordinance A. Chapter 18.16. Exclusive Farm Use Zones 1. Section 18.16.025. Uses Permitted Subject to the Special Provisions Under DCC Section 18.16.038 or DCC Section 18.16.042 and a Review Under DCC Chapter 18.124 where applicable. A facility for the processing of farm crops, or for the production of biofuel as defined in ORS 315.141, if the facility is located on a farm operation that provides at least one-quarter of the farm crops processed at the facility, or an establishment for the slaughter, processing or selling of poultry or poultry products pursuant to ORS 603.038. FINDING: The applicant has proposed to modify a previously approved facility for the processing of blueberries, raspberries, strawberries, hemp, and marijuana as farm crops. Staff notes the primary farm crop being processed onsite will be marijuana. Any additional farm crops proposed for processing will be complementary and incidental to the primary processing use. As a condition of approval, the applicant shall assure that at least one-quarter of the farm crops processed at the facility in any calendar year, measured by weight, are produced at the farm operation on the subject property. In addition, the applicant shall provide to the Planning Division written documentation of compliance with the requirement in paragraph DCC 18.16.025(1) by submitting processed crop summaries to the Planning Division on request, and no less frequently than on an annual basis by January 31 of each year: 1. If a building is established or used for the processing facility or establishment, the farm operator may not devote more than 10,000 square 247 -19 -000335 -MC Page 6 of 33 feet of floor area to the processing facility or establishment, exclusive of the floor area designated for preparation, storage or other farm use. FINDING: Staff notes the following finding from land use decisions 247 -17 -000742 -AD and 247 -17- 000743 -SP: "The applicant is proposing up to 2,100 square feet of the building area to be used for processing farm crops. This proposal includes discontinuation of processing in the existing building once processing operations are transferred to the new building. A condition of approval has been added to ensure compliance." Staff finds that the current application proposes to modify the above referenced 2,100 square -foot building by reducing the size to 480 square feet and altering the required odor and noise mitigation systems. No other changes are proposed for the previously approved processing facility and the current proposal will continue to include discontinuation of processing in the existing building once processing operations are transferred to the new building. This criterion will be met. 2. A processing facility or establishment must comply with all applicable siting standards but the standards shall not be applied in a manner that prohibits the siting of the processing facility. FINDING: No changes to the siting standards addressed in land use decisions 247 -17 -000742 -AD and 247 -17 -000743 -SP are proposed under the current application. As such, staff notes that the smaller processing facility can continue to comply with all applicable siting standards identified in this decision and that these applicable standards have not been be applied in a manner that prohibits the siting of the processing facility. 3. The County shall not approve any division of a lot or parcel that separates a processing facility or establishment from the farm operation on which it is located. FINDING: No division of a lot or parcel is proposed L. Marijuana processing, subject to the applicable provisions of DCC 18.16.025(1) and 18.116.330. FINDING: The applicant is proposing to modify a previously approved marijuana processing facility on the subject property, a use permitted subject to compliance with the applicable provisions of DCC 18.16.025(1), 18.116.330, additional sections of 18.16 identified below, and relevant sections 18.124. Compliance with these provisions is addressed in this decision. 3. Section 18.16.060. Dimensional Standards. E. Building height. No building or structure shall be erected or enlarged to exceed 30 feet in height, except as allowed under DCC 18.120.040. 247 -19 -000335 -MC Page 7 of 33 FINDING: The proposed building will be approximately 9.5 feet in height. This criterion will be met 4. Section 18.16.070. Yards. A. The front yard shall be a minimum of:: 40 feet from a property line fronting on a local street, 60 feet from a property line fronting on a collector street, and 100 feet from a property line fronting on an arterial street. B. Each side yard shall be a minimum of 25 feet, except that for a nonfarm dwelling proposed on property with side yards adjacent to property currently employed in farm use, and receiving special assessment for farm use, the side yard shall be a minimum of 100 feet. C. Rear yards shall be a minimum of 25 feet, except that for a nonfarm dwelling proposed on property with a rear yard adjacent to property currently employed in farm use, and receiving special assessment for farm use, the rear yard shall be a minimum of 100 feet. D. In addition to the setbacks set forth herein, any greater setbacks required by applicable building or structural codes adopted by the State of Oregon and/or the County under DCC 15.04 shall be met. FINDING: No changes to the setbacks of the previously approved processing facility are proposed in the current application. The modified processing building will be located in the same location approved under land use files 247 -17 -000742 -AD and 247 -17 -000743 -SP. B. Chapter 18.116. Supplementary Provisions 1. Section 18.116.020. Clear Vision Areas A. In all zones, a clear vision area shall be maintained on the corners of all property at the intersection of two streets or a street and a railroad. A clear vision area shall contain no planting, fence, wall, structure, or temporary or permanent obstruction exceeding three and one-half feet in height, measured from the top of the curb or, where no curb exists, from the established street centerline grade, except that trees exceeding this height may be located in this area provided all branches and foliage are removed to a height of eight feet above the grade. B. A clear vision area shall consist of a triangular area on the corner of a lot at the intersection of two streets or a street and a railroad. Two sides of the triangle are sections of the lot lines adjoining the street or railroad measured from the corner to a distance specified in DCC 18.116.020(8)(1) and (2). Where lot lines have rounded corners, the specified distance is measured from a point determined by the extension of the lot lines to a point of intersection. The third side of the triangle is the line connecting the ends of the measured sections of the street lot lines. The following measurements shall establish clear vision areas within the County: 1. In an agricultural, forestry or industrial zone, the minimum distance shall be 30 feet or at intersections including an alley, 10 feet. 247 -19 -000335 -MC Page 8 of 33 2. In all other zones, the minimum distance shall be in relationship to street and road right of way widths as follows: Right -of -Way Width Clear Vision 80 feet or more 20 feet 60 feet 30 feet 50 feet and less 40 feet FINDING: No changes to the clear vision areas of the previously approved processing facility are proposed in the current application. The modified processing building will be located in the same location approved under land use files 247 -17 -000742 -AD and 247 -17 -000743 -SP. 2. Section 18.116.030. Off -Street Parking and Loading A. Compliance. No building or other permit shall be issued until plans and evidence are presented to show how the off-street parking and loading requirements are to be met and that property is and will be available for exclusive use as off-street parking and loading. The subsequent use of the property for which the permit is issued shall be conditional upon the unqualified continuance and availability of the amount of parking and loading space required by DCC Title 18. B. Off -Street Loading. Every use for which a building is erected or structurally altered to the extent of increasing the floor area to equal a minimum floor area required to provide loading space and which will require the receipt or distribution of materials or merchandise by truck or similar vehicle, shall provide off-street loading space on the basis of minimum requirements as follows: 1. Commercial, industrial and public utility uses which have a gross floor area of 5,000 square feet or more shall provide truck loading or unloading berths subject to the following table: Sq. Ft. of Floor Area No. of Required Berths Less than 5,000 0 5,000-30,000 1 30,000-100,000 2 100,000 and Over 3 2. Restaurants, office buildings, hotels, motels, hospitals and institutions, schools and colleges, public buildings, recreation or entertainment facilities and any similar use which has a gross floor area of 30,000 square feet or more shall provide off-street truck loading or unloading berths subject to the following table: 247 -19 -000335 -MC Page 9 of 33 Sq. Ft. of Floor Area No. of Required Berths Less than 30,000 0 30,000-100,000 1 100,000 and Over 2 3. A loading berth shall contain space 10 feet wide, 35 feet long and have a height clearance of 14 feet. Where the vehicles generally used for loading exceed these dimensions, the required length of these berths shall be increased: FINDING: No changes to the loading berth of the previously approved processing facility are proposed in the current application. The modified processing building will be located in the same location approved under land use files 247 -17 -000742 -AD and 247 -17 -000743 -SP. 4. If loading space has been provided in connection with an existing use or is added to an existing use, the loading space shall not be eliminated if elimination would result in less space than is required to adequately handle the needs of the particular use: FINDING: No elimination of a loading space is proposed. 5. Off-street parking areas used to fulfill the requirements of DCC Title 18 shall not be used for loading and unloading operations except during periods of the day when not required to take care of parking needs. FINDING: No changes to the off-street parking areas of the previously approved processing facility are proposed in the current application. The modified processing building will be located in the same location approved under land use files 247 -17 -000742 -AD and 247 -17 -000743 -SP. C. Off -Street Parking. Off-street parking spaces shall be provided and maintained as set forth in DCC 18.116.030 for all uses in all zoning districts. Such off-street parking spaces shall be provided at the time a new building is hereafter erected or enlarged or the use of a building existing on the effective date of DCC Title 18 is changed. FINDING: As stated above, no changes to the off-street parking areas of the previously approved processing facility are proposed in the current application. The modified processing building will be located in the same location approved under land use files 247 -17 -000742 -AD and 247 -17 -000743 - SP. 3. Section 18.116.031. Bicycle Parking New development and any construction, renovation or alteration of an existing use requiring a site plan review under DCC Title 18 for which planning approval is applied for 247 -19 -000335 -MC Page 10 of 33 after the effective date of Ordinance 93-005 shall comply with the provisions of DCC 18.116.031 A. Number and Type of Bicycle Parking Spaces Required. 1. General Minimum Standard. a. All uses that require off-street motor vehicle parking shall, except as specifically noted, provide one bicycle parking space for every five required motor vehicle parking spaces. 4. Section 18.116.035. Bicycle Commuter Facilities FINDING: No changes to the bicycle parking areas or bicycle commuter facilities of the previously approved processing facility are proposed in the current application. The modified processing building will be located in the same location approved under land use files 247 -17 -000742 -AD and 247 -17 -000743 -SP. 5. Section 18.116.330. Marijuana Production, Processing, and Retailing A. Applicability. Section 18.116.330 applies to: 1. Marijuana Production in the EFU and RI zones. 2. Marijuana Processing in the EFU, TeC, TeCR, TuC, Tul, RI, and SUBP. 3. Marijuana Retailing in the RSC, TeC, TeCR, TuC, Tul, RC, RI, SUC, SUTC, and SUBP zones. 4. Marijuana Wholesaling in the RSC, TeC, TeCR, TuC, RC, SUC, and SUBP zones. FINDING: The applicant has proposed to alter a previously approved marijuana processing facility in an EFU Zone. Per DCC 22.36.040(C), under the current application staff will review only the criteria applicable to that particular aspect of the proposal which is proposed for modification, namely the square footage, the odor mitigation system, and the noise mitigation system. All other aspects of the marijuana processing operation will remain unchanged from the previous approval. 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 zone, the subject legal lot of record shall have a minimum lot area of five (5) acres FINDING: The subject property is 20 acres in size, which includes in gross lot areas' all streets, roads, and easement of access to other property that would accrue to that lot if the road, street or easement were vacated. 1 DCC 18.04.030 - "Lot area" means the total horizontal area contained within the lot lines. Said area shall be computed as gross area for lots larger than 2.5 acres and net area for lots 2.5 acres and smaller. The total horizontal net area within lot lines of a lot is that square footage of a lot that is free from roads, streets, rights of way or easements of access to other property. Provided, however, that the Planning Director or Hearings Body shall include in gross lot areas all streets, roads, and easement of access to other property that would 247 -19 -000335 -MC Page 11 of 33 2. Indoor Production and Processing. 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. FINDING: Staff notes that the current proposal will modify the square footage, the odor mitigation system, and the noise mitigation system of the originally approved processing structure. All processing activities will continue to be located inside a building. This criterion will be met. 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. FINDING: As noted previously, the current proposal is to modify a previously approved marijuana and farm crop processing structure. No marijuana production is included in this proposal. 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) registered medical marijuana grow site shall be allowed per legal parcel or lot. accrue to that lot if the road, street or easement were vacated, and shall treat the gross area of lots that have never been previously described of record as other than fractions of a section as if the section contained 640 acres, in cases where a lot is sought to be partitioned. 247 -19 -000335 -MC Page 12 of 33 FINDING: As noted previously, the current proposal is to modify a previously approved marijuana and farm crop processing facility. No marijuana production is included in this proposal. 5. Setbacks. The following setbacks shall apply to all marijuana production and processing areas and buildings a. Minimum Yard Setback/Distance from Lot Lines: 150 feet. b. Setback from an off-site dwelling: 400 feet. c. Setback from Federal public lands: 300 feet. d. 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 Exception: Any reduction to these setback requirements may be granted by the Planning Director or Hearings Body provided the applicant demonstrates the reduced setbacks afford equal or greater mitigation of visual, odor, noise, lighting, privacy, and access impacts FINDING: No changes to setbacks of the previously approved processing facility are proposed in the current application. The modified processing building will be located in the same location approved under land use files 247 -17 -000742 -AD and 247 -17 -000743 -SP. 6. Separation Distances. Minimum separation distances shall apply as follows: a. The applicant property line shall be located a minimum of 1,320 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; 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; v. State, local, and municipal parks, including land owned by a parks district; vi. Redmond Urban Reserve Area; vii. The boundary of any local jurisdiction that has opted out of Oregon's recreational marijuana program; and 247 -19 -000335 -MC Page 13 of 33 viii. Any other lot or parcel approved by Deschutes County for marijuana production. b. For purposes of DCC 18.116.330(8)(6), all distances shall be measured from the lot line of the affected properties listed in DCC 18.116.330(B)(6)(a) to the closest point of the applicant's property 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(8)(6) shall not result in the marijuana producer or marijuana processor being in violation of DCC 18.116.330(8)(6) if the use is: i. Pending a local land use decision; ii. Licensed or registered by the State of Oregon; or Lawfully established. FINDING: No changes to the separation distances of the previously approved processing facility are proposed in the current application. The modified processing building will be located in the same location approved under land use files 247 -17 -000742 -AD and 247 -17 -000743 -SP. 7. Access. Marijuana production sites shall comply with the following standards. a. Have frontage on and legal direct access from a constructed public, county, or state road; or FINDING: The subject property has frontage on, and legal direct access from, Johnson Ranch Road, a constructed public road. 8. 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 sunset to sunrise. 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. FINDING: No changes to the lighting requirements of the previously approved processing facility are proposed in the current application. The modified processing building will be located in the same location approved under land use files 247 -17 -000742 -AD and 247 -17 -000743 -SP. 9. Odor. 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. As used in DCC 18.116.330(8)(9), building means the 247 -19 -000335 -MC Page 14 of 33 building, including greenhouses, hoop houses, and other similar structures, used for marijuana production or marijuana processing. Odor produced by marijuana production and processing shall comply with the following: a. Odor control plan. To ensure that the standard stated in DCC 18.116.330(8)(9) is 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 mitigation systems; ii. A detailed analysis of the methodology, including verified operational effectiveness, that will be relied upon to effectively control odor on the subject property; 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(8)(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; b. Modifications. Significant modifications to the odor control plan, including but not limited to replacement of one system for another or a change in odor control methodology shall be approved in the same manner as a modification to a land use action pursuant to DCC 22.36.040. c. The system shall at all times be maintained in working order and shall be in use. FINDING: Staff notes the modified processing building will be located in the same location approved under land use files 247 -17 -000742 -AD and 247 -17 -000743 -SP. Per DCC 22.36.040(C), the following changes to the odor control system are evaluated as an alteration to a discrete criteria of the original land use decision. The applicant submitted an updated engineering letter dated April 18th, 2019 from Registered Professional Mechanical Engineer Robert James (Certificate Number 65108 PE), of ColeBreit Engineering, which outlines the modified odor mitigation system proposed for the subject development. This report includes engineering drawings showing the proposed 480 -square -foot extraction building which contains one processing room, one 5 -ton wall -hung AC unit, and two exhaust fans. 247 -19 -000335 -MC Page 15 of 33 Processing Building Floor Plans IXES,C•T I' v-irlE M.EALA,E.E.Lt IEJFE.A. 0..111"MLINIE AhlEf $.0 I- .1 $ EASEEE,P,A r WV:4$ $ E;,,E0 »EA, E• 0 ,:–•:4.0,ES, ro.tiEE K9v *MI cArm,,E: 2.1,;r4ITICEEE. 0v$1 EEEEEE-EtE4 wEE Lf. LABEL SCHEDULE rE,Er 7 77-; r,,k. • CD ., :„,.,. 7 -,..„..;.,„:;—c2) • 0 0 4:4:yEE 0.4 Et$EE • ., ,,„ cy • Qi LABEL SCHEDULE ET. .0 E EAThrT—E—EIEMAE.E.,1 ,E$9-, ! 1 Atrf;.= 1 T • ir FL€X MOD A-201 247 -19 -000335 -MC Page 16 of 33 Each of the exhaust fans will be filtered via two (2) BioWorld vapor -phase odor control systems. The submitted engineering report is supplemented by case studies and testimony from other municipal jurisdictions demonstrating the effectiveness of vapor -phase systems in mitigating cannabis odors as well as farm odors associated with milk production. Specifically, in summarizing the "Final Environmental Impact Report for the Cannabis Land Use Ordinance and Licensing Program," staff notes the engineer made the following finding: "Effective technologies exist to suppress cannabis malodors. Activated carbon filtration systems have been proved to be effective for indoor cannabis facilities by Denver's Department of Environmental Health. Vapor -phase systems have been proven to be effective for outdoor odor mitigation by the City of San Diego's Department of Environmental Services, Air Pollution Control District, and Solid Waste Local Enforcement Agency, as well as greenhouse cultivation by established greenhouse growers in Carpinteria. These technologies could be implemented to effectively reduce cannabis malodors in Santa Barabara County..." Furthermore, in the study titled "Managing Milk Plant Odors," staff notes the following finding: "With vapor -phase odor neutralization, gaseous odor -neutralizing compounds react or interfere with odor molecules to change their structure and render them inodorous. Since this technology works in a vapor phase, the need to transfer gaseous odor into a liquid phase, such as with the scrubber or biofilter, is eliminated. Vapor -phase reactions are nearly instantaneous; therefore, the residence time is short... ...The technology that satisfied our criteria was the internal vapor -phase misting system. It provided effective odor treatment, limited construction, low operating expense, and low maintenance. This is the system that H.P. Hood installed. A single high-pressure pump (500 psi) and misting nozzles and piping at the flow equalization system made up the installed system. An inverted 3 -ft diameter by 5 -ft high vent stack was installed beneath the existing vent of each FET. Two misting nozzles were installed in each tank's headspace under the existing dome -style covers, and a third nozzle was installed in the stack. The stacks minimizes short-circuiting of untreated air and provides redundant treatment by channeling exhausted air through the mist created by the center -mounted conical -spray pattern nozzle. We recommended an essential oil based odor neutralizing solution because it is neither hazardous nor corrosive. To date, the system has proven to be effective and reliable. Odors released by the facility have been eliminated." To further support the efficacy of odor control systems, the engineer cities the odor control requirements of four additional jurisdictions, all of which focus on treatment of exhausted air, similar to the odor control proposal for the current development. The four cited jurisdictions are: - Happy Valley, OR Estacada, CA 247 -19 -000335 -MC Page 17 of 33 - Kalamazoo County, MI - Spokane County, WA Robert James states the following in regards to the design of modified processing facility and the proposed odor control system: "The processing method within the facility will be closed-loop hydrocarbon extraction. Under normal, intended operation, cannabis materials will typically be entirely contained within the extraction equipment, and the finished product will not contain the terpenes responsible for cannabis odor. The only expected odors will be from raw materials being transferred into the equipment or otherwise exposed to the room. A closed, sealable container shall be used for transporting raw materials from greenhouses to this structure. Air will primarily exit the structure via two exhaust fans, with BioWorld tank -mounted fogging equipment aimed at the exhaust outlets. These will be wired to automatically activate in tandem with either exhaust fan, chemically neutralizing odors in the airstream as air is exhausted. Foggers spray a vaporous odor neutralizer that chemically binds to odor particles, neutralizing them and making them undetectable. ColeBreit has reviewed a Material Safety Data Sheet (MSDS) describing any potential risks of handling or releasing this substance and has seen nothing to indicate harmful effects to people or the environment. If installing an equivalent system from another brand, ensure that the system neutralizes odors, as some products only mask with a stronger scent." The engineering report states the following regarding maintenance of the proposed odor control system: "The main components of an odor fogger are a drum containing neutralizer solution, a misting nozzle mounted to the top of the drum, and some form of electronic control. In this case, the misting nozzle will be wired to automatically turn on whenever either exhaust fan activates. To ensure this, the maintenance expectations below shall be followed, and a log of maintenance activities and dates shall be kept on site. It will be the responsibility of Ruby Farms (i.e. - subject applicant) to meet the following expectations, and to ensure the system is always able to function as described in this report." The proposed odor control system has the following maintenance schedule: Maintenance Expectation Frequency, if applicable Test -activate exhaust fans and fogger Once every three months Do not open structure doors with exposed cannabis materials in room At all times Foggers directly aimed into exhaust inlets At all times Solution stored in accordance with manufacturer instructions At all times Solution and nozzle freeze -protected At all times Spare, full drum of odor neutralizer shall be kept on site At all times 247 -19 -000335 -MC Page 18 of 33 Finally, staff notes that "closed-loop" nature of the processing facility will prevent all odors onsite from exiting the facility until odor mitigation activities have been performed. This closed loop - system will provide controlled timing and targeted mitigation of all exhaust air, which constitutes the primary source of any offsite odor impacts. Staff finds that based on the submitted engineering report and supplemental background materials, the proposed odor control system will prevent unreasonable interference of neighbors' use and enjoyment of their property. As a condition of approval, an effective odor control system must at all times prevent unreasonable interference of neighbors' use and enjoyment of their property. The odor control system shall be maintained by the applicant in working order and shall be in use at all times. The annual reporting requirements discussed below will ensure that compliance with these conditions is achieved. As an additional a condition of approval, the applicant will be required to keep a posted copy of all maintenance activities and dates as described above onsite at all times and perform a test - activation of all exhaust fans and fogger systems every three months to ensure proper working conditions. 10. Noise. Noise produced by marijuana production and marijuana processing shall comply with the following: a. Standard. To prevent unreasonable interference of neighbors' use and enjoyment of their property, sustained noise including ambient noise levels shall not be detectable beyond the applicant's property line above 45 dB(A) in total between 10:00 pm and 7:00 am the following day: i. For purposes of DCC 18.116.330(8)(10), "sustained noise" shall mean noise lasting more than five continuous minutes or five total minutes in a one hour period from mechanical equipment used for heating, ventilation, air condition, odor control, fans and similar functions associated with marijuana production and processing; b. Noise control plan. To ensure that the standard stated in DCC 18.116.330(8)(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. 1. The mechanical engineer's qualifications and experience with system design and operational audit of effective noise control and mitigation systems; ii. A detailed analysis of the methodology that will be relied upon to effectively control noise on the subject property; 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(8)(10) is not met v. Testing protocols and intervals; and 247 -19 -000335 -MC Page 19 of 33 vi. Identification of the responsible parties tasked with implementing each aspect of the noise control plan c. Modifications. Significant modifications to the noise control plan, including but not limited to replacement of one system for another or a change in noise control methodology shall be approved in the same manner as a modification to a land use action pursuant to DCC 22.36.040. FINDING: Staff notes the modified processing building will be located in the same location approved under land use files 247 -17 -000742 -AD and 247 -17 -000743 -SP. Per DCC 22.36.040(C), the following changes to noise control system are evaluated as an alteration to a discrete criteria of the original land use decision. The applicant submitted an updated engineering letter dated April 18th, 2019 from Registered Professional Mechanical Engineer Robert James (Certificate Number 65108 PE), of ColeBreit Engineering outlining the modified noise mitigation system proposed for the subject development. Robert James states the following in regards to the design of modified processing facility and the associated noise impacts: "A site visit was conducted on April 17th, 2019 by ColeBreit Engineering. Noise levels were recorded around the wooden fence enclosing the entire facility2, while existing greenhouse equipment was in operation. Noise levels, reading locations, and time of readings are pictured below. It should be noted that it is not possible to control ambient noise, such as road traffic, wind, canals, animal noise, or neighboring irrigation systems. The structure includes three pieces of exterior mechanical equipment that will produce noise during operation, shown below. This section will address noise as if all equipment were to operate simultaneously. Sounds rating for AC -1 is not available; 80 dBA is the high end of typical noise levels on similar equipment, and is used here instead. Most are rated for 70 -75 - dB, or lower. This equipment, and the facility as a whole, will not operate at all between the hours of 10:00 pm and 7:00 am, and will not generate any noise during this time. By not operating at night, this is in accordance with DCC 18.116.330(B)(10). Although not explicitly required by Deschutes County Code, ColeBreit's assessment of expected day time noise follows:" Equipment Tag Equipment Description Sound Rating EF -1 1400 CFM Exhaust Fan, TCB -2-13 67 EF -2 5000 CFM Exhaust Fan, TCB -2-16 77 AC -1 5 -Ton Bard Heat Pump, T6oH1-B15WXXXXE 80 2 Staff notes that the referenced fence did not exist at the time of previous land use approvals on the subject property. Additionally, it appears that based on recent aerial photos that the fence is actually associated with two separate properties and two separate marijuana land use approvals. The two properties include the subject property and the adjacent property to south identified as map and Tax Lot: 17-14-23, 1400. 247 -19 -000335 -MC Page 20 of 33 Staff notes that due to a multitude of variables and external conditions which affect the way sound travels outward in an exterior space (i.e. - existing structures, vegetation, atmospheric conditions, etc.), the engineers report utilizes a software called DBmap to calculate the projected noise impacts at various point around the subject property. The engineers report states the DBmap software performs noise calculations in accordance with ISO 9613, Parts 1 & 2. Staff notes the following language from the engineers report regarding ISO 9613 and the associated noise measurement calculations: 'These equations are an internationally accepted set of calculation methods that can be applied to any typical outdoor space. By manually inputting data into this software, placing buildings and equipment, manually placing receivers at the loudest points along each property line, and adjusting settings to best match the site in question, this simulation gives an accurate approximation of noise levels, with all major factors considered, at this specific site. Ground hardness factor is a scale of noise absorption from flat pavement at 0.0 to freshly fallen snow at 1.0. Grassy field and lawns typically range from 0.6 to 0.8. A ground hardness factor of 0.5 was assumed to reflect a combination of flat, packed earth, and moderate grass coverage. DBmap notes a margin of error of +/- 3dBA. To reflect this, 3 dBA will be added to each resulting value before total noise is calculated." Staff notes the engineer combined the ambient noise readings from the above referenced site visit with peak expected equipment noise to arrive at the following probably noise levels at each property line during typical facility operation. Property Line Property Line Distance Simulated Equipment Noise, dBA Existing Equipment and Ambient Noise Recorded During Site Visit, dBA Expected Total Noise During Daytime Operation, dBA North 205' 31.3 -> 34.3 43.8 44.3 West 800' 19.0 -> 22.0 42.4 42.4 South 600' 18.7 -> 21.7 38.6 38.7 East 420' 25.1 -> 28.1 37.8 38.2 247 -19 -000335 -MC Page 21 of 33 Anticipated Noise Levels at Property Lines GridheigM'15m(A-wrgbte59 ,;;a, • masenv.co.uWdbmap Based on the findings above, staff finds that the projected noise levels onsite will not create unreasonable interference of neighbors' use and enjoyment of their property. Additionally, while not included in the calculations above, staff finds that the previously referenced fence onsite which encloses the entire operation will provide further sound dampening to all surrounding property lines. The application materials state that no HVAC equipment onsite will operate at night, in compliance with the criteria above. Staff includes this requirement as a condition of approval. 11. 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. 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 DCC 18.84, Landscape Management Combining Zone approval. b. Fencing and screening shall be finished in a muted earth tone that blends with the surrounding natural landscape and shall not be constructed of 247 -19 -000335 -MC Page 22 of 33 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. FINDING: No changes to the fencing requirements of the previously approved processing facility are proposed in the current application. The modified processing building will be located in the same location approved under land use files 247 -17 -000742 -AD and 247 -17 -000743 -SP. 12. Water. Applicant shall state the anticipated amount of water to be used, as stated on the water right, certificate, permit, or other water use authorization, 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. An Oregon Water Resources Department (OWRD) Certificate(s), permit, or other water use authorization proving necessary water supply of proper classification will be available for intended use during required seasons, regardless of source; or b. A source water provider Will Serve statement referencing valid Water Right to be utilized, if any, as well as a Will Haul statement, including the name and contact information of the water hauler; or. c. In the alternative to (a) and (b) above, proof from Oregon Water Resources Department that the water supply to be used does not require a Water Right for the specific application use classification, volume, and season of use (i.e., roof -collected water). d. If the applicant is proposing a year-round production facility, the water right, certificate, permit, or other water use authorization must address all permitted sources of water for when surface water is unavailable. e. In the event that the water source for the facility changes from the use of an OWRD certificate, permit, or other water use authorization to the use of a water hauler, or from the use of a water hauler to another source, a modification to a land use action pursuant to DCC 22.36.040 is required. FINDING: No changes to the water use requirements of the previously approved processing facility are proposed in the current application. 13. 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. 247 -19 -000335 -MC Page 23 of 33 FINDING: The subject property is within the boundaries of the Alfalfa Fire Protection District. 14. Utility Verification. Utility statements identifying the proposed operation, or operational characteristics such as required electrical load and timing of such electrical loads and a 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 that it has reviewed the new service or additional load request and determined if existing capacity can serve the load or if a system upgrade is required. Any new service request or additional load request requiring an upgrade shall be performed per the serving utility's stated policy. FINDING: The Central Electric Cooperative provided a revised "will -serve" letter dated June 17th, 2019 which states: "In response to your inquiry, please be advised that the property located at T.17S., R. 14e., W.M., Section 23, Tax Lot 1300 in Deschutes County, Oregon, is within the service area of Central Electric Cooperative, Inc. Central Electric Cooperative has reviewed the provided load information (New 400 amp Three phase 120/208 volt service) associated with the submitted Marijuana & Hemp Processing Facility and is willing and able to serve this location in accordance with the rates and policies of Central Electric Cooperative." Based on the comments above, staff finds this criterion has been met. 15. 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. FINDING: No changes to the security camera requirements of the previously approved processing facility are proposed in the current application. 16. 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. Wastewater generated during marijuana production and/or processing shall be disposed of in compliance with applicable federal, state, and local laws and regulations. FINDING: No changes to the secure waste disposal requirements of the previously approved processing facility are proposed in the current application. 18. Prohibited Uses. a. In the EFU zone, the following uses are prohibited: 247 -19 -000335 -MC Page 24 of 33 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; 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. In the EFU and Rural Industrial zones, the following uses are prohibited on the same property as marijuana production. i. Guest Lodge. ii. Guest Ranch. 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. FINDING: As a condition of approval, the uses listed in DCC 18.116.330(18) shall be prohibited on the subject property so long as Marijuana Production and/or Processing are conducted on the site. 19. Compliance. a. Odor. On-going compliance with the odor control plan is mandatory and shall be ensured with a permit condition of approval. The odor control plan does not supersede required compliance with the standard set forth in DCC 18.116.330(8)(9). If provided in applicable state statutes, private actions alleging nuisance or trespass associated with odor impacts are authorized. b. Noise. On-going compliance with the noise control plan is mandatory and shall be ensured with a permit condition of approval. The noise control plan does not supersede required compliance with the standard set forth in DCC 18.116.330(8)(10). If provided in applicable state statutes, private actions alleging nuisance or trespass associated with odor impacts are authorized. FINDING: Ongoing compliance with the submitted odor control plan and noise control plan have been included as conditions of approval. D. Inspections and Annual Reporting. 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. 247 -19 -000335 -MC Page 25 of 33 ii. Fire, health, safety, waste water, and building codes and laws. State of Oregon licensing requirements. b. An optional statement of annual water use. c. Other information as may be reasonably required by the Planning Director to ensure compliance with Deschutes County Code, applicable State regulations, and to protect the public health, safety, and welfare. d. As a condition of approval, the applicant must consent in writing to allow Deschutes County to, randomly and without prior notice, inspect the premises and ascertain the extent and effectiveness of the odor control system(s), compliance with the Deschutes County Code, and applicable conditions of approval. Inspections may be conducted by the County up to three (3) times per calendar year, including one inspection prior to the initiation of use. e. Conditions of Approval Agreement to be established and maintained by the Community Development Department. f. Documentation that System Development Charges have been paid. g. This information shall be public record subject to ORS 192.502(17). h. Failure to timely submit the annual report, fee, and Consent to Inspect Premises form or to demonstrate compliance with DCC 18.116.330(D)(1)(a) shall serve as acknowledgement by the real property owner and licensee that the otherwise allowed use is not in compliance with Deschutes County Code; authorizes permit revocation under DCC Title 22, and may be relied upon by the State of Oregon to deny new or license renewal(s) for the subject use. FINDING: The applicant has acknowledged the above requirements. As conditions of approval, the applicant will be C. Chapter 18.124, Site Plan Review 1. Section 18.124.030. Approval Required. A. No building, grading, parking, land use, sign or other required permit shall be issued for a use subject to DCC 18.124.030, nor shall such a use be commenced, enlarged, altered or changed until a final site plan is approved according to DCC Title 22, the Uniform Development Procedures Ordinance. B. The provisions of DCC 18.124.030 shall apply to the following: 1. All conditional use permits where a site plan is a condition of approval; 2. Multiple family dwellings with more than three units; 3. All commercial uses that require parking facilities; 4. All industrial uses; 5. All other uses that serve the general public or that otherwise require parking facilities, including, but not limited to, landfills, schools, utility facilities, 247 -19 -000335 -MC Page 26 of 33 churches, community buildings, cemeteries, mausoleums, crematories, airports, parks and recreation facilities and livestock sales yards; and 6. As specified for Flood Plain Zones (FP) and Surface Mining Impact Area Combining Zones (SMIA). FINDING: Marijuana Processing is an industrial use3, however the proposed processing represents a small fraction of the total use at the site, which is dominated by Marijuana Production. Therefore, staff finds that the use of land is not primarily for the manufacture, processing, storage or wholesale distribution of products, goods or materials. The use is not a commercial use4. However, since the proposed processing is a use that requires parking facilities, site plan review is required. 2. Section 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 environment and existing development, minimizing visual impacts and preserving natural features including views and topographical features. FINDING: No changes to the site plan associated with the previously approved processing facility are proposed in the current application. The modified processing building will be located in the same location approved under land use files 247 -17 -000742 -AD and 247 -17 -000743 -SP. Additionally, staff notes that the proposed smaller footprint will reduce any potential visual impact and will further preserve natural 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. FINDING: No changes to the site plan associated with the previously approved processing facility are proposed in the current application. The modified processing building will be located in the same location approved under land use files 247 -17 -000742 -AD and 247 -17 -000743 -SP. Additionally, staff notes that the proposed smaller footprint will further preserve the landscape and existing topography onsite. 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. FINDING: No changes to the site plan associated with the previously approved processing facility are proposed in the current application. The modified processing building will be located in the same location approved under land use files 247 -17 -000742 -AD and 247 -17 -000743 -SP and will continue to provide a safe environment, while offering appropriate opportunities for privacy and transition from public to private spaces. 3 DCC 18.04.030 - "Industrial use" means the use of land primarily for the manufacture, processing, storage or wholesale distribution of products, goods or materials. It does not include commercial uses. 4 DCC 18.04.030 - "Commercial use" means the use of land primarily for the retail sale of products or services, including offices. It does not include factories, warehouses, freight terminals or wholesale distribution centers. 247 -19 -000335 -MC Page 27 of 33 D. When appropriate, the site plan shall provide for the special needs of disabled persons, such as ramps for wheelchairs and Braille signs. FINDING: At the time of plan check for the building permit, the applicant will be subject to any applicable ADA requirements. 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. FINDING: No changes to the location and number of points of access to the site, interior circulation patterns, separations between pedestrians and moving and parked vehicles associated with the previously approved processing facility are proposed in the current application. The modified processing building will be located in the same location approved under land use files 247 -17- 000742 -AD and 247 -17 -000743 -SP. F. Surface drainage systems shall be designed to prevent adverse impacts on neighboring properties, streets, or surface and subsurface water quality. FINDING: No changes to the surface drainage systems associated with the previously approved processing facility are proposed in the current application. 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. FINDING: No changes to the any 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 associated with the previously approved processing facility are proposed in the current application H. All above ground utility installations shall be located to minimize adverse visual impacts on the site and neighboring properties. FINDING: No changes to the utility installations associated with the previously approved processing facility are proposed in the current application. 1. Specific criteria are outlined for each zone and shall be a required part of the site plan (e.g. lot setbacks, etc.). FINDING: No changes to the setbacks associated with the previously approved processing facility are proposed in the current application. The modified processing building will be located in the same location approved under land use files 247 -17 -000742 -AD and 247 -17 -000743 -SP. 247 -19 -000335 -MC Page 28 of 33 Additionally, staff notes that the proposed smaller processing building will have a reduced height from the previous proposal and will continue to meet the height requirements of DCC 18.16. J. All exterior lighting shall be shielded so that direct light does not project off site. FINDING: No changes to any exterior lighting associated with the previously approved processing facility are proposed in the current application. 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. FINDING: No transportation infrastructure deficiencies or requirements were identified by the Deschutes County Road Department or the Deschutes County Transportation Planner. 3. Section 18.124.070. Required Minimum Standards. A. Private or shared outdoor recreation areas in residential developments. FINDING: No residential units are proposed. This criterion is not applicable. 8. Required Landscaped Areas. 1. The following landscape requirements are established for multi family, commercial and industrial developments, subject to site plan approval: a. A minimum of 15 percent of the lot area shall be landscaped. b. All areas subject to the final site plan and not otherwise improved shall be landscaped. 2. In addition to the requirement of DCC 18.124.070(8)(1)(a), the following landscape requirements shall apply to parking and loading areas: a. A parking or loading area shall be required to be improved with defined landscaped areas totaling no less than 25 square feet per parking space. b. In addition to the landscaping required by DCC 18.124.070(8)(2)(a), a parking or loading area shall be separated from any lot line adjacent to a roadway by a landscaped strip at least 10 feet in width, and from any other lot line by a landscaped strip at least five feet in width. c. A landscaped strip separating a parking or loading area from a street shall contain: 1) Trees spaced as appropriate to the species, not to exceed 35 feet apart on the average. 247 -19 -000335 -MC Page 29 of 33 FINDING: 2) Low shrubs not to reach a height greater than three feet zero inches, spaced no more than eight feet apart on the average. 3) Vegetative ground cover. d. Landscaping in a parking or loading area shall be located in defined landscaped areas which are uniformly distributed throughout the parking or loading area. The landscaping in a parking area shall have a width of not less than five feet. Provision shall be made for watering planting areas where such care is required. Required landscaping shall be continuously maintained and kept alive and attractive. Maximum height of tree species shall be considered when planting under overhead utility lines. e. f. g• h. No changes to the required landscaping associated with the previously approved processing facility are proposed in the current application. C. Non -motorized Access. 1. Bicycle Parking. The development shall provide the number and type of bicycle parking facilities as required in DCC 18.116.031 and 18.116.035. The location and design of bicycle parking facilities shall be indicated on the site plan. FINDING: Compliance with DCC 18.116.031 and 18.116.035 is discussed in findings for those sections, above. 2. Pedestrian Access and Circulation: a. Internal pedestrian circulation shall be provided in new commercial, office and multi family residential developments through the clustering of buildings, construction of hard surface pedestrian walkways, and similar techniques. b. Pedestrian walkways shall connect building entrances to one another and from building entrances to public streets and existing or planned transit facilities. On site walkways shall connect with walkways, sidewalks, bikeways, and other pedestrian or bicycle connections on adjacent properties planned or used for commercial, multi family, public or park use. c. Walkways shall be at least five feet in paved unobstructed width. Walkways which border parking spaces shall be at least seven feet wide unless concrete bumpers or curbing and landscaping or other similar improvements are provided which prevent parked vehicles from obstructing the walkway. Walkways shall be as direct as possible. d. Driveway crossings by walkways shall be minimized. Where the walkway system crosses driveways, parking areas and loading areas, the walkway must be clearly identifiable through the use of elevation 247 -19 -000335 -MC Page 30 of 33 changes, speed bumps, a different paving material or other similar method. e. To comply with the Americans with Disabilities Act, the primary building entrance and any walkway that connects a transit stop to building entrances shall have a maximum slope of five percent. Walkways up to eight percent slope are permitted, but are treated as ramps with special standards for railings and landings. FINDING: No changes to the pedestrian access and circulation associated with the previously approved processing facility are proposed in the current application. D. Commercial Development Standards: FINDING: The proposed facility is not a commercial development. These criteria do not apply. 4. Section 18.124.090. Right of Way Improvement Standards. Any dedications or improvements to the road right of way required under DCC 18.124 shall meet the standards for road right of way improvements set forth in DCC Title 17 and any standards for right-of-way improvements set forth in DCC Title 18 for the particular zone in question. FINDING: No transportation infrastructure deficiencies or requirements were identified by the Deschutes County Road Department or the Deschutes County Transportation Planner. IV. CONCLUSION: Based on the foregoing Findings, staff finds the proposed modified marijuana and farm crop processing building can comply with the applicable standards and criteria of the Deschutes County zoning ordinance if conditions of approval are met. Other permits may be required. The applicant is responsible for obtaining any necessary permits from the Deschutes County Building Division, the Deschutes County Environmental Soils Division and the Deschutes County Road Department, as well as any required state and federal permits. V. DECISION: APPROVAL, subject to the following conditions of approval. 247 -19 -000335 -MC Page 31 of 33 VI. CONDITIONS OF APPROVAL: A. This approval is based upon the application, site plan, specifications, and supporting documentation submitted by the applicant. Any substantial change in this approved use will require review through a new land use application. B. All conditions of approval associated with the following land use decisions remain in effect: o 247 -16 -000525 -AD o 247 -16 -000526 -AD o 247 -16 -000527 -SP o 247 -17 -000742 -AD o 247 -17 -000743 -SP C. The applicant will discontinue any processing operations in the existing buildings on site once processing operations are transferred to the new proposed building. D. The applicant shall assure that at least one-quarter of the farm crops processed at the facility in any calendar year, measured by weight, are produced at the farm operation on the subject property. In addition, the applicant shall provide to the Planning Division written documentation of compliance with the requirement in paragraph DCC 18.16.025(1) by submitting processed crop summaries to the Planning Division on request, and no less frequently than on an annual basis by January 31 of each year. E. The odor and noise control plan described in the April 18th, 2019 letter from ColeBreit Engineering, must at all times prevent unreasonable interference of neighbors' use and enjoyment of their property. The odor control system shall be maintained in working order and shall be in use. F. Sustained noise including ambient noise levels shall not be detectable beyond the applicant's property line above 45 dB(A) in total between 10:00 pm and 7:00 am the following day. G. A copy of the required maintenance activities and dates described in the April 18th, 2019 letter from ColeBreit Engineering shall be posted onsite at all times and a test -activation of all exhaust fans and fogger systems shall be performed every three months to ensure proper working conditions. H. The uses listed in DCC 18.116.330(20) shall be prohibited on the subject property so long as Marijuana Production and/or Processing are conducted on the site. The annual reporting requirements of DCC 18.116.330(D) shall be met. 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: 247 -19 -000335 -MC Page 32 of 33 Land use decision and permits. ii. Fire, health, safety, waste water, and building codes and laws. iii. State of Oregon licensing requirements. b. An optional statement of annual water use. c. Other information as may be reasonably required by the Planning Director to ensure compliance with Deschutes County Code, applicable State regulations, and to protect the public health, safety, and welfare. The applicant must consent in writing to allow Deschutes County to, randomly and without prior notice, inspect the premises and ascertain the extent and effectiveness of the odor control system(s), compliance with the Deschutes County Code, and applicable conditions of approval. Inspections may be conducted by the County up to three (3) times per calendar year, including one inspection prior to the initiation of use. K. Prior to issuance of the building permits for the modified marijuana processing facility, the applicant shall sign and record, in the deeds records for the County, a Conditions of Approval Agreement to ensure compliance with Conditions Ad above. VII. DURATION OF APPROVAL: The current proposal is for a modification of conditions from a previous approval. All conditions of approval and initiation of the use must occur within two (2) years from the date the initial land use decision became final, or an extension of time pursuant to Section 22.36.010 of the County Code obtained, or this approval shall be void. Staff notes that the original land use decisions, 247 -17- 000742 -AD and 247 -17 -000743 -SP, became final on January 23rd, 2018, once the 12 -day appeal period had lapsed. This decision becomes final twelve (12) days after the date of mailing, unless appealed by a party of interest. DESCHUTES COUNTY PLANNING DIVISION Written by: Kyle Collins, Assistant Planner Reviewed by: Peter Gutowsky, Planning Manager 247 -19 -000335 -MC Page 33 of 33 THIS MAP 4VA5 PURPOSED FOR ASSESSMENT PURPOSE ONLv 2/18/2015 SECTION 23 T.17S. R.14E. W.M. DESCHUTES COUNTY 1" = 4001 SEE HAP 1> 1414 24 62870 Johnson Ranch Road File No. 247 -19 -000335 -MC SE6146, 1> 1424 25 17 14 23 Canoe,. Nos. 200 601 900 100061 110261 17 14 23 Kyle Collins From: PK Horton <patandkelly@gmail.com> Sent: Wednesday, June 19, 2019 9:23 AM To: Kyle Collins Subject: Fwd: Corrected Ruby Farms Report Attachment available until ,Jul 19, 2019 Begin forwarded message: From: Nick Evano <nickevanoacolebreit.com> Subject: Corrected Ruby Farms Report Date: June 17, 2019 at 1:39:08 PM PDT To: kyle.collinsadeschutes.orq Cc: Rob James <robjames a(�,colebreit.com>, PK Horton <patandkelly(gmail.com> Hello Kyle, Pat brought it to our attention that in our report dated April 19th 2019, we erroneously listed the Ruby Farms facility at 62800 Johnson Ranch Road. Attached is a stamped PDF of our report with the address corrected to 62870. Thank you, Nick Nicholas Evano C©LEBREI C R• 1 M•• R I M• i SO/Industrial Way, < u[0., i0 I Bem, Y/(02 6895 { colebreit.com Click to Download NickEvano(a�colebreit.com j c; 541 728 3293 c: 541 844 20190617 Pat Horton Odor & Noise Report.pcif 22.5 MB 1 Ru3y Farms Cannabis Odor and Noise Report To: Pat Horton From: Rob James, PE Date: June 17, 2019 SUMMARY The subject of this report is a 12' x 40', single -story structure, located at 62870 Johnson Ranch Road, Bend, OR, 97701, in Deschutes County. The structure will be owned and operated by Ruby Farms for cannabis processing. Mechanical equipment serving the structure consists of a 5 -ton wall -hung AC unit and two exhaust fans, equipped with a BioWorld vapor -phase odor control system. See Appendix A, B, & Cfor structure's interior floor plan, equipment information, and site photos. This report will demonstrate how this structure and its operation will comply with Deschutes County's cannabis odor and noise regulations through calculations, references to case studies, and through the described judgement of a professional mechanical engineer licensed in the state of Oregon, #65108PE. 1 EXPIRES 6/30/21 Fig. 1: Ruby Farms' Processing Structure COLE BREIT ENGINEERING_ 721 SW Industrial Way, Suite 110 Bend, 0I2 97702 0:541 729 3293 coo hle:it.coni Kyle Collins From: PK Horton <patandkelly@gmail.com> Sent: Monday, June 17, 2019 10:17 AM To: Kyle Collins Subject: T17 R14 S23 TL 1300-Dilzer.pdf Attachments: T17 R14 S23 TL 1300-Dilzer.pdf; ATT00001.txt [EXTERNAL EMAIL] Good morning Kyle: please find attached they will serve letter from the CEC If you need anything else please let me know. Thank you for all your assistance. Pat 1 CENTRAL ELECTRIC COOPERATIVE, INC. www.cec.coop • P.O. Box 846, Redmond, OR 97756 • Office: 541.548.2144 • Fax: 541.548.0366 June 17, 2019 Elite Soil LLC DBA Golden Jasmine LLC 915 SW Rimrock Way #201-186 Redmond, OR 97756 RE: Will Serve Letter for 62870 Johnson Ranch Rd In response to your inquiry, please be advised that the property located at T.17S., R. 14e., W.M., Section 23, Tax Lot 1300 in Deschutes County, Oregon, is within the service area of Central Electric Cooperative, Inc. Central Electric Cooperative has reviewed the provided load information (New 400 amp Three phase 120/208 volt service) associated with the submitted Marijuana & Hemp Processing Facility and is willing and able to serve this location in accordance with the rates and policies of Central Electric Cooperative. Sincerely, Christy Ward Engineering Service Representative COMMUNITY DEVELOPMENT LAND USE ACTION SIGN AFFIDAVIT STATE OF OREGON ) ss. COUNTY OF DESCHUTES ) FILE NUMBER(S) 0-147-4 q-O0b33S`►Mc. 1, MQ. 5L3 SQA' , being first duly sworn, depose and state as follows: (name) I placed a Notice of Land Use Action sign on the Applicant's property on ff (date) 2019, where it can be clearly seen from �6 �.. IR t�.,. • (name of road) If the land use sign notices a hearing, the hearing is to be held on , 2019. (date) Dated this 'day of j (;A►.- , 2019. Subscribed and sworn to before me this OFFICIAL ASHLEY K WILLIAMS NOTARY PUOUC•OREGON COMMISSION NO. 975937 MY COMMISSION EXPIRES JUNE 24, 2022 'clay of , 2019. 4 4lAdithlq7 Notary Publicjor Oregon My Commission Expires: (p 2 a Updated 1/19 1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 I P.O. Box 6005, Bend, OR 97708-6005 V„4(541) 388-6575 @cdd@deschutes.org : www.deschutes.org/cd Kyle Collins From: Peter Russell Sent: Monday, May 13, 2019 12:58 PM To: Kyle Collins; Chris Doty; Cody Smith Cc: Peter Russell Subject: Reducing size of MJ processing off of Johnson Ranch (19 -355 -MC) Kyle, I have reviewed the transmittal materials for 247 -19 -000355 -MC to reduce the size of a marijuana production facility from 2,100 square feet to 480 square feet in the Exclusive Farm Use (EFU) zone at 62870 Johnson Ranch Road, aka 17- 14-23, Tax Lot 1300. The processing building was originally approved under 247-17-000742-AD/743-SP. (Staff notes the burden of proof sometimes cites 2,100 square feet being previously approved and other times states it was 1,200 square feet.) The Institute of Traffic Engineers (ITE) Trip Generation Manual has no category for marijuana production. With Board consent, the County as a practice has used Manufacturing (LU 140) as the closest analogous use, which produces 3.93 weekday trips per 1,000 square feet. At 480 square feet, the proposed processing site would produce 1.89 weekday trips (0.480 X 3.93). Deschutes County Code (DCC) at 18.116.310(C)(3)(a) states no traffic analysis is required for any use that will generate less than 50 new weekday trips. The proposed land use will not meet the minimum threshold for additional traffic analysis. Johnson Ranch Road is a collector maintained by the County. The the applicant will need to either provide a copy of an access permit from Deschutes County or be required as a condition of approval to obtain one for each parcel to comply with DCC 17.48.210(A). Board Resolution 2013-020 sets a transportation system development charge (SDC) rate of $4,240 per p.m. peak hour trip. However, the applicant is already paying SDCs via a 10 -year payment plan based 247-17-000742-AD/743-SP and 247-16-000525-AD/526-AD/527-SP. No further SDCs are required as the reduction of the processing square footage means the site will generate fewer p.m. peak hour trips. If you have any further questions, please let me know. Thanks. Peter Russell I Senior Transportation Planner 117 NW Lafayette Avenue 1 Bend, Oregon 97703 PO Box 6005 1 Bend, Oregon 97708 Tel: (541) 383-6718 1 www.deschutes.org/cd 000 Disclaimer: Please note that the infonnation in this email is an informal statement made in accordance with DCC 22.20.005 and shall not be deemed to constitute final County action effecting a change in the status of a person's property or conferring any rights, including any reliance rights, on any person. 1 Kyle Collins From: Kelley O'Rourke <landuse@coid.org> Sent: Friday, May 10, 2019 10:10 AM To: Kyle Collins Subject: File Numbers: 247 -19 -000742 -AD ad 247 -000743 -SP May 10, 2019 Deschutes County Planning 117 NW Lafayette Avenue Bend, Oregon 97703 Attn: Kyle Collins, Assistant Planner RE: File Numbers: 247 -19 -000742 -AD ad 247 -000743 -SP Please be advised that Central Oregon Irrigation District (COID) has reviewed the provided Notice of Application received via mail on May 3, 29, 2019 for the above referenced project located in the 17-14-23, as tax lot 1300. The property address is 62870 Johnson Ranch Road, Bend, Oregon 97701. The applicant proposes to shrink the marijuana production facility from 2,100 square feet to 480 square feet, and modify the required noise and odor control system for the new structure. All siting and access requirements will remain unchanged from the previous approval. COID serves this property with 14.0 acres of irrigation water issued on certificates 83571 and 76714. Our understanding is that the I- 3-8 Lateral runs along the northern property boundary. Listed below are COIDs conditions of approval based on the provided schematics. All development affecting irrigation facilities shall be in accordance with COID's Development Handbook and/or as otherwise approved by the District. • Any irrigation conveyance, District or private, which passes through the subject property shall not be encroached upon without written permission from this office. • No structures of any kind, including fences, are permitted within COID property/easement/right of way. • COID serves this property with 14.0 acres of irrigation water issued on certificates 83571 and 76714. A portion of these water rights are appurtenant to land where greenhouses were constructed. Property owner must allow COID staff annual access to greenhouses to document beneficial use of the water. If water is no longer utilized in the greenhouses for purposes of producing crop, water rights should be removed or otherwise put to beneficial use through programs offered by COID. Property owner should contact COID to write a plan to protect and maintain the water rights. Our comments are based on the information provided which we understand to be schematic in nature at this time. Our comments are subject to change and additional requirements may be made as site planning progresses and additional information becomes available. Please provide updated documents for review as they become available. Irrigation infrastructure and rights-of-way are required to be identified on all maps and plans. Policies, standards and requirements set forth in the COID Developer Handbook must be complied with. A pre -development review meeting with COID staff is recommended. If you have any questions, please contact me at 541-548-6047. Sincerely, Kelley O'Rourke Central Oregon Irrigation District 1055 SW Lake Court Redmond OR 97756 Phone: 541-548-6047 1 NOTICE: The Deschutes County Building Safety Divisions code mandates that Access, Egress, Setbacks, Fire & Life Safety, Fire Fighting Water Supplies, etc. must be specifically addressed during the appropriate plan review process with regard to any proposed structures and occupancies. Accordingly, all Building Code required items will be addressed, when a specific structure, occupancy, and type of construction is proposed and submitted for plan review. Randy Scheid June 21, 2019 NOTICE OF APPLICATION The Deschutes County Planning Division has received the proposed land use application described below: FILE NUMBERS: 247 -19 -000335 -MC OWNER: Elite Soil LLC APPLICANT: Pat Horton PROPOSAL: The applicant requests a modification of conditions associated with a marijuana processing operation approved under land use file nos. 247- 17 -000742 -AD and 247 -17 -000743 -SP. The applicant proposes to shrink the marijuana production facility from 2,100 square feet to 480 square feet, and modify the required noise and odor control systems for the new structure. All siting and access requirements will remain unchanged from the previous approval. LOCATION: The subject property has an assigned address of 62870 Johnson Ranch Road, Bend, OR 97701; and is further identified on County Assessor Tax Map 17-14-23 as Tax Lot 1300. STAFF CONTACT: Kyle Collins, Assistant Planner, (541) 383-4427, Kyle.Collins@deschutes.org DOCUMENTS: Can be viewed and downloaded from: www.buildingpermits.oregon.gov and http://dial.deschutes.org STANDARDS AND APPLICABLE CRITERIA Deschutes County Code (DCC) Title 18, Deschutes County Zoning Ordinance Chapter 18.16. Exclusive Farm Use Zone (EFU) Chapter 18.116. Supplementary Provisions Chapter 18.124. Site Plan Review Title 22, Deschutes County Development Procedures Ordinance 117 NW Lafayette Avenue, Bend, Oregon 97703 I P.O. Box 6005, Bend, OR 97708-6005 (541) 388-6575 @cdd@deschutes.org g www.deschutes.org/cd DOCUMENT SUBMISSION Any person may submit written comments on a proposed land use action. Documents may be submitted to our office in person, U.S. mail, or email. In Person U.S. Mail We accept all printed documents. Email Deschutes County Community Development Planning Division, Nether Ward P.O. Box 6005 Bend, OR 97708-6005 Email submittals must comply with the following guidelines: • Submission is 20 pages or less • Documents can be printed in black and white only • Documents can be printed on 8.5" x 11" paper Any email submittal which exceeds the guidelines provided above, must be submitted as a paper copy. Limitations • Deschutes County does not take responsibility for retrieving information from a website link or a personal cloud storage service. It is the submitter's responsibility to provide the specific information they wish to enter into the record. We will print the email which includes the link(s), however, we will not retrieve any information on behalf of the submitter. • Deschutes County makes an effort to scan all submittals as soon as possible. Recognizing staff availability and workload, there is often a delay between the submittal of a document to the record, and when it is scanned and uploaded to Accela Citizen Access (ACA) and Deschutes County Property Information (DIAL). For this reason, the official record is the file that resides in the Community Development office. The electronic record in ACA and DIAL is not a substitute for the official record. • To ensure your submission is entered into the correct land use record, please specify the land use file number(s). • PLEASE SUBMIT WRITTEN TESTIMONY WITHIN TEN (10) DAYS FROM THE DATE OF MAILING. • IF YOU WISH TO BE NOTIFIED OF ANY DECISION OR PUBLIC HEARING RELATED TO THIS APPLICATION, YOU MUST PROVIDE A MAILING ADDRESS. Failure to raise an issue in person at a hearing or in writing precludes appeal by that person to the Land Use Board of Appeals (LUBA), and that failure to provide statements or evidence sufficient to afford the decision maker an opportunity to respond to the issue precludes appeal to LUBA based on that issue. 247 -19 -000335 -MC Page 2 of 3 Copies of the application, all documents and evidence submitted by or on behalf of the applicant and applicable criteria are available for inspection at no cost. Copies can be purchased for 25 cents per page. Notice of the decision will be provided by a separate mailing. For more information or to request copies of the findings and decision, contact the assigned planner. NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST PROMPTLY BE FORWARDED TO THE PURCHASER. This Notice was mailed pursuant to Deschutes County Code Chapters 22.20 and 22.24. 247 -19 -000335 -MC Page 3 of 3 I 1 1 p 1 1 A 9 i 1 1 i 1 / 1 1 i 1 1 1 1. 1 1 [THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSE ONLv,i 211SII05 SECTION 23 T17S. R.14E. W.M. DESCHUTES COUNTY SEE MAP;1] 1414 PARCEL 2 00 RA. 13 24 2-45 62870 Johnson Ranch Road File No. 247 -19 -000335 -MC 1100 1416 26 Canceled Nus. 200 601 900 100061 1102M1 Kyle Collins From: Ashley Williams Sent: Wednesday, May 1, 2019 10:07 AM To: Kyle Collins Subject: FW: 247 -19 -000335 -MC FYI Ashley Williams I Administrative Assistant 117 NW Lafayette Avenue 1 Bend, Oregon Mail: PO Box 6005 1 Bend, Oregon 97708 Tel: (541) 617-47071 www.deschutes.org/cd 000 Disclaimer: Please note that the information in this email is an informal statement made in accordance with DCC 22.20.005 and shall not be deemed to constitute final County action effecting a change in the status of a person's property or conferring any rights, including any reliance rights, on any person. From: Ashley Williams Sent: Wednesday, May 1, 2019 10:07 AM To: 'patandkelly@gmail.com' <patandkelly@gmail.com> Subject: 247 -19 -000335 -MC Dear J Pat Horton, Your application has been received by the Deschutes County Planning Division and requires the posting of a Proposed Land Use Sign. Planning Staff will prepare the sign, which includes a brief description of the application, and it will be ready for pickup by Wednesday, May 1st, 2019. It is the applicant's responsibility to post this sign at least ten (10) days before the date set for receipt of comments. Please note the following information and refer to it when making any inquiries: Application Number: 247 -19 -000335 -MC Request: Modification of Conditions (File No. 247-17-000742-AD/743-SP) Planner Assigned: Kyle Collins Sign Posting Instructions: There will be a "Land Use Action Sign Affidavit" stapled to the sign attesting to the fact that this sign has been posted. This Affidavit can be notarized at our office and must be returned to Kyle Collins. The sign should be posted so that it is clearly visible along the most traveled street. The sign should be mounted on a sturdy backing, such as plywood, and posted within ten (10) to fifteen (15) feet of the street so that it is visible from the street. Please do not attach the sign to a tree. It is advisable to cover the sign with protective material such as plastic wrap to protect it from inclement weather. It is the applicant's responsibility to post this sign at least ten (10) days before the date set for receipt of comments. Failure to post a sign will delay the review. Land Use Review Process: Your application is first being reviewed for completeness by staff. Notice of an incomplete application will be made within 30 days of submittal. A decision to review your application administratively or to send it to the Hearings Officer will be made within 30 days of the date the application is accepted as complete. Pursuant to state law, the County must take final action, including resolution of appeals, within 150 days after the application is deemed complete. 1 If you have any questions or concerns, please call Kyle Collins at 541-383-4427 or email, Kyle.Collins@deschutes.org Ashley Williams I Administrative Assistant 117 NW Lafayette Avenue I Bend, Oregon Mail: PO Box 6005 I Bend, Oregon 97708 Tel: (541) 617-47071 www.deschutes.org/cd Disclaimer: Please note that the information in this email is an informal statement made in accordance with DCC 22.20.005 and shall not be deemed to constitute final County action effecting a change in the status of a person's property or conferring any rights, including any reliance rights, on any person. 2 Ruby rarer Cannabis Odor and Noise Report To: Pat Horton From: Rob James, PE Date: April 18, 2019 1 SUMMARY The subject of this report is a 12' x 40', single -story structure, located at 62800 Johnson Ranch Road, Bend, OR, 97701, in Deschutes County. The structure will be owned and operated by Ruby Farms for cannabis processing. Mechanical equipment serving the structure consists of a 5 -ton wall -hung AC unit and two exhaust fans, equipped with a BioWorld vapor -phase odor control system. See Appendix A, 8, & Cfor structure's interior floor plan, equipment information, and site photos. This report will demonstrate how this structure and its operation will comply with Deschutes County's cannabis odor and noise regulations through calculations, references to case studies, and through the described judgement of a professional mechanical engineer licensed in the state of Oregon, #65108PE. Fig. 1: Ruby Farms' Processing Structure COLE ENGINEERING 2 CANNABIS ODOR ANALYSIS AND CALCULATION Applicable Standard The Deschutes County code DCC 18.116330(8)(9) reads: Odor. 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. As used in DCC 18.116.330(8)(9), building means the building, including greenhouses, hoop houses, and other similar structures, used for marijuana production or marijuana processing. Odor produced by marijuana production and processing shall comply with the following: a. Odor control plan. To ensure that the standard stated in DCC 18.116.330(B)(9) is 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: The mechanical engineer's qualifications and experience with system design and operational audits of effective odor control and mitigation systems; ii. A detailed analysis of the methodology, including verified operational effectiveness, that will be relied upon to effectively control odor on the subject property; 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(8)(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. b. Modifications. Significant modifications to the odor control plan, including but not limited to replacement of one system for another or a change in odor control methodology shall be approved in the same manner as a modification to a land use action pursuant to DCC 2236.040. c. The system shall at all times be maintained in working order and shall be in use. Odor Mitigation Technology Review Fogging, or vapor -phase odor control, is utilized in several industries, and is considered a proven technology. See Appendix D for information gathered, including: A. Material Safety Data Sheet B. Vapor -phase odor control in cannabis C. Vapor -phase odor control in agriculture Many jurisdictions require only the exhaust air of cannabis facilities to be treated. See Appendix E for examples of odor control requirements of other jurisdictions. COLE E N G 1 N E E R 1 N G 3 Proposed Odor Mitigation Design The processing method within the facility will be closed-loop hydrocarbon extraction. Under normal, intended operation, cannabis materials will typically be entirely contained within the extraction equipment, and the finished product will not contain the terpenes responsible for cannabis odor. The only expected odors will be from raw materials being transferred into the equipment or otherwise exposed to the room. A closed, sealable container shall be used for transporting raw materials from greenhouses to this structure. Air will primarily exit the structure via two exhaust fans, with BioWorld tank -mounted fogging equipment aimed at the exhaust outlets. These will be wired to automatically activate in tandem with either exhaust fan, chemically neutralizing odors in the airstream as air is exhausted. Fig. 2: BioWorld Tank -Mounted Fogger Foggers spray a vaporous odor neutralizer that chemically binds to odor particles, neutralizing them and making them undetectable. ColeBreit has reviewed a Material Safety Data Sheet (MSDS) describing any potential risks of handling or releasing this substance and has seen nothing to indicate harmful effects to people or the environment. If installing an equivalent system from another brand, ensure that the system neutralizes odors, as some products only mask with a stronger scent. COLE ENGINEERING 4 Fogger System Maintenance The main components of an odor fogger are a drum containing neutralizer solution, a misting nozzle mounted to the top of the drum, and some form of electronic control. In this case, the misting nozzle will be wired to automatically turn on whenever either exhaust fan activates. To ensure this, the maintenance expectations below shall be followed, and a log of maintenance activities and dates shall be kept on site. It will be the responsibility of Ruby Farms to meet the following expectations, and to ensure the system is always able to function as described in this report. Maintenance Expectation Frequency, if applicable Test -activate exhaust fans and fogger Once every three months Do not open structure doors with exposed cannabis materials in room At all times Foggers directly aimed into exhaust inlets At all times Solution stored in accordance with manufacturer instructions At all times Solution and nozzle freeze -protected At all times Spare, full drum of odor neutralizer shall be kept on site At all times Table. 1: Fogger System Maintenance Odor Mitigation Conclusion This odor control system will satisfy the requirements of DCC 18.116.330(B)(9), and prevent unreasonable interference of neighbors' use and enjoyment of their property. NOISE ANALYSIS AND CALCULATION Applicable Standard The Deschutes County code DCC 18.116.330(8)(10) reads: Noise. Noise produced by marijuana production and marijuana processing shall comply with the following: a. Standard. To prevent unreasonable interference of neighbors' use and enjoyment of their property, sustained noise including ambient noise levels shall not be detectable above 45 dB(A) in total between 10:00 pm and 7:00 am the following day. beyond the applicant's property line COLE ENGINEERING 5 a. For purposes of DCC 18.116.330(6)(10), "sustained noise" shall mean noise lasting more than five continuous minutes or five total minutes in a one hour period from mechanical equipment used for heating, ventilation, air condition, odor control, fans and similar functions associated with marijuana production and processing. b. Noise control plan. To ensure that the standard stated in DCC 18.116.330(6)(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: a. The mechanical engineer's qualifications and experience with system design and operational audit of effective noise control and mitigation systems; b. A detailed analysis of the methodology that will be relied upon to effectively control noise on the subject property; c. A detailed description of any noise control systems that will be utilized, including operational schedules and maintenance intervals; d. 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(6)(10) is not met; e. Testing protocols and intervals; and f. Identification of the responsible parties tasked with implementing each aspect of the noise control plan. c. Modifications. Significant modifications to the noise control plan, including but not limited to replacement of one system for another or a change in noise control methodology shall be approved in the same manner as a modification to a land use action pursuant to DCC 22.36.040, Noise Calculation and Analysis A site visit was conducted on April 17th, 2019, by ColeBreit Engineering. Noise levels were recorded around the wooden fence enclosing the entire facility, while existing greenhouse equipment was in operation. Noise levels, reading locations, and time of readings are pictured below. It should be noted that it is not possible to control ambient noise, such as road traffic, wind, canals, animal noise, or neighboring irrigation systems. COLE ENGINEERING 6 Fig. 3: Ambient noise data from 4/17/19 site visit This structure includes three pieces of exterior mechanical equipment that will produce noise during operation, shown below. This section will address noise as if all equipment were to operate simultaneously. Sound rating for AC -1 is not available; 80 dBA is the high end of typical noise levels on similar equipment, and is used here instead. Most are rated for 70-75 dB, or lower. This equipment, and the facility as a whole, will not operate at all between the hours of 10:00 pm and 7:00 am, and will not generate any noise during this time. By not operating at night, this is in accordance with DCC 18.116.330(B)(10). Although not explicitly required by Deschutes County Code, ColeBreit's assessment of expected daytime noise follows. Equipment Tag Equipment Description EF -1 1400 CFM Exhaust Fan, TCB -243 EF -2 AC -1 5000 CFM Exhaust Fan, TCB -2-16 5 -Ton Bard Heat Pump, T60H1-B15WXXXXE Sound Rating 67 77 80 Table 2: HVAC Equipment Noise Ratings COLE ENGINEERING 7 Sound will propagate from each piece of equipment out towards the edges of the property. As the sound waves travel, they disperse and become less powerful. Sound is also partially absorbed and deflected by ground, trees, vegetation, fences, and structures, and is affected by atmospheric conditions and other noise. There are many factors that affect how noise propagates across an outdoor space, far exceeding what could be presented with simple, easily interpreted equations in this report. Due to this complexity, rather than being calculated by hand, noise is simulated with computer software called "DBmap". This software automates all of these calculations in accordance with ISO 9613, Parts 1 & 2. ISO 9613 has been in place since 1996, and is an international standard for calculating outdoor sound propagation. Appendix Fshows the equations and general calculation process described by ISO 9613 Part 2 in detail.. ISO 9613 Part 1 further details atmospheric effects on propagation, and can be provided upon request. These equations are an internationally accepted set of calculation methods that can be applied to any typical outdoor space. By manually inputting data into this software, placing buildings and equipment, manually placing receivers at the loudest points along each property line, and adjusting settings to best match the site in question, this simulation gives an accurate approximation of noise levels, with all major factors considered, at this specific site. Ground hardness factor is a scale of noise absorption from flat pavement at 0.0 to freshly fallen snow at 1.0. Grassy fields and lawns typically range from 0.6 to 0.8. A ground hardness factor of 0.5 was assumed to reflect a combination of flat, packed earth, and moderate grass coverage. DBmap notes a margin of error of +/- 3 dBA. To reflect this, 3 dBA will be added to each resulting value before total noise is calculated. A site plan with marked distances to property lines, as well as site photos demonstrating geography and ground conditions, can be found in Appendix C. Additionally, a wooden fence encloses all structures on the property, which will further dampen noise, although this has not been included in this simulation. COLE E NGINEERIN G 8 •;j! 4I1IIiIi Fig. 4: Simulated peak sound levels at property lines with all equipment operating COLE E N01NEERIN 0 9 Fig. 5: Equipment locations at structure (zoomed -in view) Combining noise readings from ColeBreit's site visit with peak expected equipment noise shows the probable noise levels at each property line during typical facility operation. Property Line Property line distance Simulated equipment noise, dBA Existing equipment and ambient noise recorded during site visit, dBA Expected total noise during daytime operation, dBA North 205' 31.3 -> 34.3 43.8 44.3 West 800' 19.0 -> 22.0 42.4 42.4 South 600' 18.7 -> 2L7 38.6 38.7 East 420' 25.1-> 28.1 37.8 38.2 l Table 3: Expected daytime noise during typicaoperation Noise Mitigation Conclusion As no HVAC equipment serving this facility will operate at night, compliance with DCC 18.116.330(8)(10) will be met. COLE ENO/PIN ER 1 N O \GIVLRED STANDARD EQUIPMENT , ••.,----,- -Ty • OPTIDN.M.: ECU PMENT ELECTRICAL REDUIRELV,RTS L -LL ' LLAJL.L. ' F1,820CB Appendix B Specific; tions Advanced BioTech D. Pow -R -Fog Pius DT 8246 Controllable Drum Mounted Fogger/Mlater Tho Pow -R -Fog Plus DT 8246 is rnochanically identical to the durable 9236 model, but includes a one -turn control valve to allow you to adjust liquid output (0-10 ozimin) and droplet size (intermediate fog to heavy wet fog), Higher flows produce larger droplets. The dispensing rate can be calibrated in the field so you get predictable output for all fogging solutions, despite Changes in viscosity and density. And, since the Pow-R•Fog Plus DT is a "cold" logger, using shear turbulence, it handles both water- and oil-based liquids. Barns, restaurants, greenhouses, dairies and warehouses are a few examples of larger application sites rotying on this product for everyday use. Motor ,oggiig Nozzle Particle Size Chemicals Liquid Flow Rate Capacity Materials of Construction Dimensions Shipping Weight Warranty Period SeECIFICATIONs 1 Hp., 120VAC 50/60HZ, 7 amp. Optional: 240V, 3.5 amp Motor saver brushes (protect commutator when worn) High -shear, vortex design nozzle 0 micron VMD. adjustable Weter- and oil-based solutions 0-10 uzirnin [0.300 mllminl, adjustable with one -tum valv Mounts to chemical drum (not included) Power head, drum adapter - aluminum Tubing - fuel and oil resistant vinyl Fittings and control valve - brass Nozzle - Celcon HxLxDia: 15,4x10.4x8.6in[39v26x22cm] 12 pounds One year a yy(yudhiocen• • rrtnifr,atibir4 ring • 655.654.5085 Intxrnnrlr,nar Nnadqusrlant - 5750 • Manutt_tt,rrng - rlrrOibullon Contnr 5244 w Nlllsdela Cf • PO Box 7559 • Vrxnile Orlltorolrr 95256.79799 • United Stet. of America ['.n,j+it^.nf c° 1U9t zg1t1 5'r�ca.r, Irrtc•vi� COLE ENO !NEER IN 0 11 /3GREENHECK &dlding Value in Air. Model: CUBE -121-5 Beit Drive Upblast Centrifugal Roof Exhaust Fan Dimensional Quantity Welch' w%o Aa:01Ib) Weigh! W1 Acc'0 flb) Max T Solar Flame Si. K 01)80.1 Dan1pol (in.J 72 2:12 .010090) 1450145 Performance f';84,8!',01800010830 ;C) --M) 1,4C clued Vol.., ((FM) 1,400 aural SP (in. wp) 11.11 1 pail 513 (In. wI) 0 Fan RPM 0pnraf ng. P5we+ (Ilp) Elevet1101, (6) 513151r T rrn p.(F ) As 0,8188y (IbI13) 6.0 Deva L451 ('5) 3 7 Tip Speed (Nntin) 73 . hale EP. 12 Printed Date: 8/24/2017 Job: 35250MLQ FlexMod Privateer Holdin s Mark: 1400 CJ M Model: CUBE -121-5 0401343).0 l/03GNT MAY il0 GREATS 1 5 12 :P€:NDING ON MOTOR 08 Motor 0108.3 Mounted Sin (alp) !olingP!CYclo1Pha4C 001101030 Moloy f2PFA WI143040 _. 1300 ETA' (Amps) 112 Sound S'ol'd 11\' 0)00111' 0.0 0 2 4 6 8 10 12 14 16 18 20 Volume (CFM) 5 100 0.2 0 14e1'4889 fihp pint Fxlernal Si' Cipei<ting (,tient at iota) 8 a 55 Damper c 0 0otlnp 500) at (x1(en83 51 inial SP ----(433)1434Note. Ur: n0 Cxl -mall 5P On) !Ito tan woo) SySfeill 01154! 51441 Incott 1'339 oledo t 311. • 13r o be 00017)5011331 curve _ 1412 RPM 0 28 hp 0 5 in 0 0 117 In. wl) Notes: 6000rateci by: chri,Ifnap0?clmccmpaoy.c0m CAPS 424.1283 M'IUu11EC0501et35250Ml 0 FlaxMod Parvalent!1_)4,!30)35250MLO 5)3.x301,31Puvateer 0014,7548o1 COLE ENGINEERING armCA 0401111t0 1OW)D- Tomhiji Paneln15 0GREENHECK Building Value in Air. 13 job Name: TCB 7 10 Cut Sheet Tag: MCI Quantity; 1 Printed Date: April 10, 7019 Model: TCB -2-16 Tubular Centrifugal Inline Fan Standard Construction Features: Tubular painted steel housing (optional aluminum). Centrifugal backward inclined aluminum wheel. Beit driven motor mounted out of the air stream. Fan Configuration Drive type 1 (telt Performance !Won ed Volume ((TM) 5,000 Actual Volume (GM) 5,000 Total External SP fin. wO) 0.5 fan RPM 2.080 Drive Less 1%) 7 Operating Power (bhp) 2.9 Startup Power (bhp) 2.0 Air Stream 'Fermi (8) 70 Start.up'temp (8) 70 Air Density (Ib5/(t"3) (1.066 Elevation (ft) 3000 Stab,. EHlriency (00) 15 Outlet Velocity (tt/min) 1,543 Motor Enclosure ODP Size (hP) 3 VIC/P 460/60/3 NEC FLA (Amps) 4:8 COLE ENGINEERING 59353 ) • r r-rr r i 1`t I ( IT"r'rT"rt"r 1-)"'1-1 -"0 2 3 4 5 G Volume (0191) x 1000 (7 __T n curve .. - -- 199.9e horsepower cul ( 050,9509 tont 9P Oper,Iin9 (111 Paint ,ano -. - Svstern calve in ainCQ WORLDWIDE,/! CERTIFIED> RRT1flC1 ''$000 flIR wmPRAIA AC( ort 11000011111 Mrocallot 0001/0011$1 Vorsion 2.2.0. January 2019 Oci lvl. tlanck (3M) LwA (18A 00,9e7, 62.5 125 250 500 1000 2000 4000 8000 Inlet 89 a5 137 68 84 79 75 70 89 7 78 ainCQ WORLDWIDE,/! CERTIFIED> RRT1flC1 ''$000 flIR wmPRAIA AC( ort 11000011111 Mrocallot 0001/0011$1 Vorsion 2.2.0. January 2019 THE WALL-MOUNTrm "QUIET CLIMATE" HEAT PUMPS Models: T24H to TOM Up to 11.2 EER Heating Capacities: 22,200 to 54,000 BTUH Cooling Capacities: 22,400 to 57,500 13TUH The BaT1l,:z1I-Mouot 1-1r.,1( pumr, /0 1elf -contained ene,p,,,, ,1111a 13e0g000 (.0 one, 1r30l,,11,111 todew (.01ffinit flll0IIfl1 03,1 vothout V01000,e. 10000, WK,03otS101,:lOor01 1 1,11 ioeal prodmt vcO; 4.7 ;01,o icM on", sooli 0, now troAor,:t ttot-toot 001013'q1ti0n, le,,00re0unic0,or ;00111310 :Aroctolos 03 cove(!r,,,M 0.0i1,601 1"3,1c,•,., 010 av::olabit ;0 tottot 1313011,0 tott otoottootoott3 GREEN REFRIGERANT R -410A ',..77:7777.77777;777577777,73777777,7777777.77.77.7 Copper Tube,/ Alitminutn Fin Co!!.,: 1o7 /71171,..77 7740/71,77 7,1,7771,77/7177,7,177 /777,17.1 atld M oo iyowt1,;, fio ,51C Tom Mt,aws.: 111 I 0' 'l 1711,0 ,77,71177'77 7,77, 0.77,7 .07/7777. p/7,71,77 7771.771,77,1 7777,177,7.71,77. 717,,,1.77/771 or, 71177,C,1, ECM fodoor Motor, 17,7 So717,73 1,07, ot. 11011 s1.1,1 ape,t,rcc, ;7,11 7,,177,1:7, ,00pk, I, 31, ,13033coc,:ct,y 117 1.1 o 7.17,1111n,07. 7,1,7771 ,77777 77:17,71/107,1 177 11.1 Pump Coropth,t, o, 2 to 5 for twl,l‘,11177,11/47 i,i1f0St.. 1,00,1,g 0:0o0cl 1,7 7,1,77p71 7,1,17.7 ,/.777.71, 1/77e1 P/7.”47 /17.47,1/741 M//,1,t077, ttt,,,, watt, pt,,tq t /71 77,777oly 77.717/777c7/771 ft 41(14 tiotrige,rant R 3') '1 FC1,y,orAnt 7o,7717,/ o eiLtri 11777 Vc7/7,71:3 'O,:., 33/ ijr37/171/71/, 11,10, thw, 0 '0131or; 1 7377:17 1(01Cf,7.7777717/7/, 71011,1 6,h7.777i177e7i titiug, '3 I/O( StrO 0,binet Utt,t,eAtud ,od Ho, (,11tit,:d30. LIked r, ,pfai 17,1s 1,or A'M 0:t 17/77/?77'e17777/',770317n771V7077/7777;77; Fell Face! hoculation: 51,od,r0 Mt :old, Electric,/ Cornitomtol$, Aft.11 fo, .:+1777 1,171/7,7,377, 1177,70 0 7,7171 ,7771,7, 01,77o, p717771 , iW•kAN,. 3,ir,311,11 MCeSS tyoo',7, Electric' Heal StriPs, ,77) 77,1,7,70K 11/0,177od 77:1,7/m1 /,1-7,17 ,777,77, 77,1o, 31//,71er 17,170E/77 4777 1.77C1777,77,71 000 7,177/117711777 7. 2 0,0,0, ,10,1 ootpul, PO1,00M5£1 rzn .and Nolo Shotol.4,sorn*: ,11 lot 7,777y 7,7,, StP,MP 54',, (1.1 01...),d0. fof iltet ttnv itch, Disost,tte Air Aff' Hlet, 30.3''. 3113 r,k, .,nm' .31141,,,1 of 2 ;31,0, 1o71d /71,01,7,1 Solal StAtt Ett,titamc 1 -POM POMP (01,//o! 1,1 o!licolo A), 60 OF 90 7;f7 177/ii,7,117.7, s1777,7, ,1117; 7:101,61 High ,Low hes,firm Switchet ditto, Posef: 1or: rcso', fro:, e00,, 11..1,1/,'13/7710(71,1,7 1/177 1117u/1771.777.70/ Pi,' Minute C010503,01 IMP, 100y; 7717.7wd 8,,111 313' pori, /70711701 L77.0,771;ewy3,177771- Ci14-77it: of P.,reariettle ft,,,,N 40 ft,o,pe, .717. ;7117,o7 (1- 3,103 ,,, Not o:sfo,o 0 .7,7/7,37 7,777O 77777:17,77, 777.7/717773 0:00trgws vrilh offICio:Cy ie1/0i5e1'ien1s 1011FiRAKIIESNA 90 1 2010. t•cc.:0,1,,,,i to, 0/40/10R t3t.voi,i,,ot 1390-20.01 /c, 30010 i30ot2,10 P:tckage. Voittcal Utittt;). • 1110.1020. 1.r.0f.e, 010,0,13/0 /01 Solt tletttio7,3oi Eqwpro,v! ANsiniL 99Y1SA 22 2 No. :???6,1),,', 1701717h EAtio, tteotnotoottat Prootott Not i1,100d0d 10, F0,Sident,O1 Appitca/lOo. COLE 11,01* 1/0.7 ENGINEERING Otlillfri Cfrolit 0'egkets: 771,71//7 7,77,7,17.777773/o77,7; 777 '.23020g ,777771p/Ileot f77,71ary 1117,7,77111i77,177 771;17,71.7ic? /7(1 071711//7 1,77,7 kdiSir V0Fri Slope /0/ Sio0d3rei 1/77 ,7711'l ro/ 331. Fut) Lnotttly Mountins flmckel, boat ;oit. capit,itt 0. '1'. 0,1 1..(7,11,t/77, NOTE: 0.7,11Q717 7.71,7117770 ,171,17777 7,7,1 717 ,777.7117)71,7. Yop. i4:4to flattrimet trttiieR 1,17M-tt3mm ,,pltortS :=re 3Vailable. f`t, ior OloSe op000 14 Appendix C Site Photos Wooden fence enclosing entire facility Structure Exhaust Fans COLE ENGINEERING 15 • Structure heat pump & electrical equipment COLEE ENGINEERING ,E4 Typical terrain surrounding facility 16 Appendix D Odor Technology Review A. BON -CC -41 (BioWorld Odor Neutralizer) Material Safety Data Sheet Advanced ioT'ech MATERIAL SAFETY DATA SHEET BioWorld Odor Neutralizer Concentrate Formerly BON -CC -41 1: Company Identification Advanced 1410 [ och 8244 W Hillsdale Ct Visalia, CA 93290.7899 (559)651.5050 (559)583-9041 Fox tvww.adhio.cors 2: Hazard Identification Potential Health Effects: Eye - Maximum mean irritation score of 4.0 10.0 in unwashed eyes, classifying the product in Toxicity Category III Skin - Toxicity Category IV for Skin Effects ingestion - Toxicity Category IV for Oral LD50 lnhatatian - Toxicity Category IV for inhalation LC50 In oxlrernely rare conditions, individuals with asthma or severe allergies should avoid direct inhalation of product mist or fog. Et-'A-FIFRA Irritation Test Toxicity Ratings: Category I - Dariytlw - C Oiloswe (ioevt!rtiblo doSINClron 0100110f 1101010 01 C0111001inv01V6R00`• 01 irritation persisting I0 more than 21 days.; Category II - Warning •- Corneal lnvolvemen1 of ivilation clearing in 21 days or Ios1 Category III - Caution -Corneal Invnlvement of Irritation cloaring ur 7 Jaye or lass Category IV -- Canton -- etfecN clearing in loss than 24 110015 Chronik (Cancer) Information - unlikely to present a cancer hazard to humans, 3: Composition / Information On Ingredients Formulation includes 1003/4 all natural materials - Esters, Process Extracts, Product Stabilizers, Odor Neutralizers and kite. 4: First Aid Measures Inhalation • Seek fresh air tocailom If breathing is difficult, look for primary cause of breathing problem. (BON is non-toxic) Oxygen may be given, preferably with a physician's advice. If not breathing, give mouth-to•mouth ar9ticlai respiration. Get medical attention. Skin or Fye Contact - No known effects. In extremely rare cases, wash with running water, Ingestion - General precautionary measures suggest giving several glasses of water. Do not give anything to an unconscious or convulsing person. Contact physician it condition persists. 5: Fire Fighting Measures Non-flammable Extinguishing Media - Use media proper for primary cause of lire. 6: Accidental Release Measures Safeguards - Review fire -fighting measures and handling personnel sections before proceeding with clean-up. Use appropriate personal protective equipment during clean-up. www bio ram • .ntau cam • S'>465t SO50 A,1v.+n ,, i ala )o n) - 00 00, 3001 VI>.,il0 Coutonri, '1210 USA COLE ENGINEERING 17 Advanced BioTech Contain spill. Flush spill area with water. Mop up or vacuum. Dispose of liquid waste in accordance with Federal, Stale and local regulations. 7: Handling and Storage Handling - No known effects. Storage - Avoid storing below 321F or above 120"F Keep Container sealed. May be stored outside. 8: Exposure Control / Personal Protection Engineering Controls - IJse adequate ventilation to kenp employee exposure to airborne concentrations below exposure limits. Personal Protective Equipment • May wear rubber gloves d desired. In routine operation, no respiratory prute.clion is needed with good ventilation Use NIOSH approved respirator if adequate ventilation cannot be provided. Other Precautions - Avoid deodorizing enclosed environments where flammable/explosive (natural gas, LPG methane, petroleum fuels), toxic and carcinogenic substances are or could he present. Do not use BON with toxic or dangerous materials whore odor from such materials is the only warning of their presence. 9: Physical and Chemical Properties Boiling Point • 212`F / 100'C Vapor Pressure Not volatile Vapor Density - NIA Solubility in Water - 100% Specific Gravity - 1.0028 Melting Point - N/A Evaporation Rale - N/A Water Reactive - No Freezing Point - 14°F 1 -roc pH Range - G to 8 Appearance and Odor - Cloudy White with Fresh Scent 10: Stability and Reactivity Cherrtrcel Stability - Stable Incompatibility with Other Materials - Incompatible with strong oxidizing compounds or reducing agents Polymerization -- Will not. occur. 11: Toxicological Information Mixture not tested but, based on components, may cause slight irritation to mucous membranes, sneezing or watery eyes. None of the components of this material are listed by IARC, NTP, OSHA or ACGIH as carcinogens. 12: Ecological Information Biodegradable, iron -toxic, non -hazardous, noncorrosive, non-pathogenic. 13: Disposal Considerations Waste Disposal • Treatment storage, transportation and disposal must bo in accordance with applicable federal, slatolprovincial, and local regulations. Can pour into sewer system or applied to open field. 14: Transport Information Shipping - Class 55 UN 11 - NIR DOT Label - NIR Oxidizer - No Poison - No Flammable - No Corrosive - No 15: Regulatory Information Not classified as hazardous to users or for transport. US Federal Regulations - CERCLA and SARA Regulations (40 CFR 355, 370 and 3372); Does not contain any chemicals subject to the reporting requirements of SARA 313. ww . iblo wrr - mangy,adoto COM • 55.3 655,5050 AthoorAd ewaTech • P09a'e 7594 • Vleoll,, Calltomia 95790 USA COLE ENGINEERING 18 Advanced 1 Tech De k.`(;iiiii3'c33`,If BioW rld Product's 16: Other Information NPCA-HMIS Rating Health - 0 Flammability - 0 Reactivity - 0 Personal protection rating to be supplied by user depending on use conditions. State Right•to-Know Laws • No substances on the slate hazardous substances list are used In the manufacture of products on this Material Safely Data Sheet. While we have not specifically analyzed these products, the raw materiels used In their manufacture, to the best of oar knowledge, the products on this MSDS contain no such substances except for those specifically listed, Warning - Substances known to the state of California to cause cancer, birth defects or other reproductive harm do poi exist In the product. The information is furnished greluitously, Independent of any sale, end for your independent vonfictatioI Although we believe Iho date to be correct as of 155 dale indicated, we make no representation As to the accuracy and web information may net be valid When the product i'; used in any process or txxntxned9 with other materials No represontatmn5, outwit -Octets, or warranty, either expresoed. implied. or or any nature, are made MIS respect to the product or dole provided. www aribto, tour rnplri{,adneocom - 115.051.5050 AAvanend eloIecri • PO Box 7699 • Oienlio CallIoenlo 13200 USA COLE ENGINEER ING 19 20 B. From "Final Environmental Impact Report for the Cannabis Land Use Ordinance and Licensing Program" County of Santa Barbara, California. December 2017. Appendix F: Cannabis Odor Control: Supplemental Odor Control Technology Research Summary. Introduction and Overview Effective technologies exist to suppress cannabis malodors. Activated carbon filtration systems have been proved to be effective for indoor cannabis facilities by Denver's Department of Environmental Health. Vapor -phase systems have been proven to be effective for outdoor odor mitigation by the City of San Diego's Department of Environmental Services, Air Pollution Control District, and Solid Waste Local Enforcement Agency, as well as greenhouse cultivation by established greenhouse growers in Carpinteria. These technologies could be implemented to effectively reduce cannabis malodors in Santa Barbara County. [removed for abbreviation] A grower in Carpinteria was contacted by phone on November 19, 2017. The grower utilizes vaporphase technology (discussed below) to mitigate cannabis odors from his greenhouse in Carpinteria. He had considered carbon filtration, but stated that he did not use it because he would not have been able to control the internal environment of his greenhouse. The grower noted that carbon filtration would be appropriate for manufacturing, indoor grows, drying rooms, and packaging. A Code Compliance Officer for the Portland Cannabis Program (Portland Officer), stated that there is no specific odor requirement for the City of Portland. If odor complaints are made, then an action plan is required to reduce odors. Portland's Zoning Code Section 33.262.070 simply states that "continuous, frequent, or repetitive odors may not be produced" (City of Portland 2017a). Portland's code guide for cannabis businesses states that "all exhaust and relief air should be filtered or scrubbed" in order to comply with the zoning code (Portland Bureau of Development Services 2017). The Portland Officer stated that retailers, wholesalers, and processors use countertop carbon systems in order to mitigate odors. Large ventilation systems with activated carbon filters are used for indoor cultivation. These systems are scaled proportionately to the size of the facility. However, Portland does not currently have any greenhouses and the Portland Officer does not know of any odor mitigation strategies for greenhouses. COLE E P1 G 1 N E E R 1 N 0 21 B. From "Managing Milk Plant Odors Nicholas J. Pinto, PE, Richard A. Straut, PE, and Eric A. Pond, PE H.P. Hood pasteurizes, processes, and packages milk and nondairy products at its plant in Oneida, New York. The operation discharges wastes from processing, cleaning, and sanitizing operations. Wastewater is treated at the Plant's pretreatment facilities and then discharged to the city's sanitary sewer. Pretreatment facilities comprise two covered and aerated 149,000 -gal flow equalization tanks (FETs), pH adjustment, flow control, spill recovery system, and a submersible effluent pump station. Air is released through a vent located atop each FET and from the spill tank and pump station adjacent to the FETs. The FETs at Hood Shortly after the FETs were put in service, neighbors began to complain about odors. The plant's operators responded by adding chlorine and increasing aeration, but their actions resulted only in minimal odor reduction. It became clear that an odor control system was necessary. Barton & Loguidice Engineers was asked to find an odor control system. Working closely with Jim Sylvester of H.P. Hood, B&L developed a plan. Source of odors Organic compounds, primarily, were responsible for the odors, and they were mostly generated by the accelerated chemical decomposition of lactose in the caustic/acid high-temperature sanitizing processes. Since the FETs were aerated to maintain dissolved oxygen, hydrogen sulfide odors were essentially absent. Complaints about odor coincided with elevated tank pH and late summer afternoons when neighbors were likely to be outdoors. Control technologies and complications B&L investigated technologies that were proven to remove organic -based odors. Although the pretreatment facilities were originally designed to accommodate odor control systems (generally considered to be accomplished by scrubbing or adsorption), available space was limited. Any solution would have to fit in an existing small control room along a small strip of land adjacent to the existing building. Two added complications were the known build-up of a gelatin -like material that would plug the vent screens and the formation of milkstone (milk -product minerals) on surfaces exposed to the wastewater or wastewater aerosols. Four odor control technologies were evaluated for treating the air released from the pretreatment system: COLE T T. E N 6 1 N H @ R I N 0 22 • Biofilters • Adsorption and activated media • Packed bed scrubbers with oxidizers • Vapor -phase neutralization. [sections omitted for abbreviation] Neutralization With vapor -phase odor neutralization, gaseous odor -neutralizing compounds react or interfere with odor molecules to change their structure and render them inodorous. Since this technology works in a vapor phase, the need to transfer gaseous odors into a liquid phase, such as with the scrubber or biofilter, is eliminated. Vapor -phase reactions are nearly instantaneous; therefore, the residence time is short. Internal vapor -phase neutralization uses the existing covered tank headspace as a "reaction vessel," thus eliminating need for construction of an external contact vessel. For applications with insufficient headspace, an external contact vessel can be constructed. External contact vessels are similar to traditional scrubber systems but are typically smaller because of the faster reaction rates. Odor neutralizing compounds vary depending on the application; many operators prefer products from essential plant oils not only for their effectiveness but also because they are generally nonhazardous and benign to the environment. High-pressure chemical feed system Decision-making Although packed bed scrubber systems and biofiltration systems would remove odorous compounds from the air stream, their high cost and the probable build-up of organic material and milkstone in air handling equipment and treatment vessels made them less desirable for this application. We similarly dismissed media adsorption; adsorption would have had the added liability of costly media regeneration or replacement. The technology that satisfied our criteria was the internal vapor -phase misting system. It provided effective odor treatment, limited construction, low operating expense, and low maintenance. This is the system that H.P. Hood installed. A single high-pressure pump (500 psi) and misting nozzles and piping at COLE. ENGINEERING 23 the flow equalization system made up the installed system. An inverted 3 -ft diameter by 5 -ft high vent stack was installed beneath the existing vent of each FET. From High Pressure Pump /l C� Treated Exhaust Atomizing Nozzel -Head Space-- r'J' Malodorous Air - Wastewater - Air 1 (5 total. 2 not shown) 7 Eguaii7atton Storage — _ •� — — Aeration H eader 0 0 0 Q O 0 O P 0 tl 0 0 U U !!I Odor control system Two misting nozzles were installed in each tank's headspace under the existing dome -style covers, and a third nozzle was installed in the stack. The stack minimizes short-circuiting of untreated air and provides redundant treatment by channeling exhausted air through the mist created by the center -mounted conical -spray pattern nozzle. We recommended an essential oil based odor neutralizing solution because it is neither hazardous nor corrosive. To date, the system has proven to be effective and reliable. Odors released by the facility have been eliminated. At Barton & Loguidice, PC in Syracuse, Nicholos..l. Pirirp is a senior vice president, h1Richard.A. Stfallr l'E is a senior managing engineer, and L J Errr !L Pond.l'& is a project engineer. Jim Sylvester was H.P. Hood's Project Engineer and oversaw installation. COLE ENGINEER 1 11 0 24 Appendix E — Odor Control Requirements of Other Jurisdictions A. From Happy Valley Municipal Code 16.49.030 Happy Valley Municipal Code 16.49.030 (D & E): D. Odor. As used in Section 16.49.030, building means the building, or portion thereof, used for marijuana production or processing and shall be regulated as follows: 1. The building shall be equipped with an activated carbon filtration system for odor control to ensure that air leaving the building through an exhaust vent first passes through an activated carbon filter; 2. The filtration system shall consist of one or more fans and activated carbon filters. At a minimum, 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 applicable CFM; 3. The filtration system shall be maintained in working order and shall be in use. The filters shall be changed a minimum of once every three hundred sixty-five (365) days; 4. Negative air pressure shall be maintained inside the building; 5. Doors and windows shall remain closed, except for the minimum length of time needed to allow people to ingress or egress the building; 6. The filtration system shall be designed by a mechanical engineer licensed tin the State of Oregon. The engineer shall stamp the design and certify that it complies with this subsection (D); and 7. An alternative odor control system is permitted if the applicants submits a report by a mechanical engineer licensed in the State of Oregon demonstrating that the alternative system will control odor as well or better than the activated carbon filtration system otherwise required. E. Noise. The applicant shall submit a noise study by an acoustic engineer licensed in the State of Oregon. The study shall demonstrate that generators as well as mechanical equipment used for heating, ventilating, air conditioning, or odor control will not produce sound that, when measured at any lot line of the subject property, exceeds fifty (50) dB(A). B. From Estacada Ordinance Series of 2016, No. 005, 16.07.010 (C) C. Odor. As used in subsection 16.65.020 (C), building means the building, or portion thereof, used for marijuana retailing. 1. The building shall be equipped with an activated carbon filtration system for odor control to ensure that air leaving the building through an exhaust vent first passes through an activated carbon filter. COLE I E N 6 1 N E E R 1 N 6 25 2. The filtration system shall consist of one or more fans and activated carbon filters. At a minimum, 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 applicable CFM. 3. The filtration system shall be maintained in good working order and shall be in use. The filters shall be changed a minimum of once every 365 days. 4. Negative air pressure shall be maintained inside the building. 5. Doors and windows shall remain closed, except for the minimum length of time needed to allow people to ingress or egress the building. 6. The filtration system shallbe designed by a mechanical engineer licensed in the State of Oregon. The engineer shall stamp the design and certify that it complies with subsection 16.65.020 (C). 7. An alternative odor control system is permitted if the applicant submits a report by a mechanical engineer licensed in the State of Oregon demonstrating that the alternative system will control odor as well or better than the activated carbon filtration system otherwise required. C. From Kalamazoo County, Michigan, Ordinance N. 595 d. Odor. It is the intent of this ordinance that no odor shall be detectable outside of any building where marijuana is present. As used in this subsection, building means the building, or portion thereof, used for marijuana production or marijuana processing. The building shall be equipped with an activated carbon filtration system for odor control to ensure that air leaving the building through an exhaust vent first passes through an activated carbon filter. ii. The filtration system shall consist of one or more fans and activated carbon filters. At a minimum, 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 applicable CFM. The filtration system shall be maintained in working order and shall be in use. The filters shall be changed a minimum of once every six (6) months or as manufacturer recommended. iv. Negative air pressure shall be maintained inside the building. v. Doors and windows shall remain dosed, except for the minimum length of time needed to allow people to ingress or egress the building. vi. An alternative odor control system is permitted if the special use permit applicant submits and municipality accepts a report by a mechanical engineer licensed in the state of Michigan demonstrating that the alternative system will control odor as well or better than the activated carbon filtration system otherwise required. The municipality may hire an outside expert at the applicant's expense, to review the alternative system design and advise as to its comparability and whether in the opinion of the expert it should be accepted. COLE E M O I M E E 11 1 M 0 26 D. From Regulatory Guidance for Licensed 1-502 Operations in Spokane County Air Quality and Odor Controls: Odor — All businesses must comply with Spokane Clean Air's odor regulation. Odor control measures may include, but are not limited to: use of carbon adsorption media or other controls at all exhaust air discharge points, use of vertical exhaust vents or stacks, and/or completely enclosing the operation and recirculating ventilation air within the enclosure. COLE E 14 GINEERING Appendix F - ISO 9613, Part 2: General Method of Calculation INTERNATIONAL STANDARD ISO 9613-2 First edition I 996•12- 15 Reviewed and confirmed in 2017 Acoustics — Attenuation of sound during propagation outdoors — Part 2: General method of calculation AcoustOue Art6nuatIon du StIPI fors de sa propHgetion d rau hbre, — Portie 2: M6thocle rienerele rfe calcul ISO COLE ENCI1NEER1N0 R0111,(Ntce 01.itnt,p ISO 9513-2:1906C 27 ISO 9613-2:19961E) Foreword !S0 (the International Organization for Standardizationl is a worldwide foci, eratiun u( national standards bodies (ISO member bodiesl. The work 01 preparing International Standards is normally carried out through ISO technical committeeo. Each member body interested in a subject for which a technical committee has boon established has the right to be represented on that committee, International organizations, governmental and nongovernmental, in liaison with ISO. also take part in the work. ISO collaborates closely with the International Electrotechnical Commission (IEC( on all matters of electrotechnical standanli,cation Draft International Standards adoptod by the technical committees are circulated to the member bodies for voting. Publication as an International Standard rrrpeires approval by at least /5 % of the fret -ober bodies casting. a vote. International Standard 130 9013.2 was prepared by Technical Committee ISO/TC 43, Acoustics, Subcommittee SC 1, Noise, ISO 9613 consists of the following parts, under the general title Acous- tins — Attenuation of sound during f>rorrogniinn outdoors -- Part 1, Calculation of the absorption of sound by the atrnosphers Part 2; General rnethod of calculation Parti is a detailed treatment restricted to the attonuation by atmospheric absorption processes. Part 2 is a more approximate and empirical treat- ment of e wider subject — the attenuation by all physical mechanisms Annexes A and 13 of this part of ISO 9313 ale lot iufunneLk/110111y. (b Iso 15156 MI rights ro ervod. Unless othonvi€a specrtied, no part of this oobliciition ropy 00 reproduced or utlilzed In any form or by any oceans, elactronrc or ntecttantcal, India/too photocopying and miaofilm, without pormission in writing from tho publiphor. Intornaiionai Orgarrzation for Starxiardhation Case Postale 56 e CH.1211 Geneva 25 o- Switzerland muted In Swltzenand COLE ENGINEERING 28 0150 ISO 9613-2:19961E) Introduction The ISO 1998 series of standards specifies rrielbuds fur the description uf noise outdoors in community envimnments. Other standards. on the othel hend, specify methods for determining the sound power levels omitted by various noise sources, (loch es machinery and specified equipment (ISO 3740 series), or industrial plants ((SO 8297). This part of 150 9613 is intended to bridge She gap betWeen these two types of standard, to en- able noise levels In the community to be predicted from sources of known sound emission. The method described in this part of 150 9013 i$ general in the sense that it may be applied to a wide variety of noise sources, and covors moat of tho major muchaniurns of attenuation. Thero aro, howovor, constraints on its use, which arise principally from the description of en- vironmental noise in the ISO 1996 series ot standards COLE Atea„ ENGINEERING 29 721 Intiustho Way, Bcfnd, OR 9;7102 ,:):541 ?t 23 I hm page Intentionally lett blank COLE .sme tq' ENGINEER 1 N G IJI 30 ;71w indi110 Bend, OR R7702 o:SCI 728 3293 31 INTERNATIONAL STANDARD t' ISO ISO 9613-2:1996(E) Acoustics — Attenuation of sound during propagation outdoors — Part 2: General method of calculation 1 Scope This part of 180 9613 specifics an engineering method for calculating the attenuation of sound during propa- gation outdoors In order to predict the levels of en- vironmerltal noise at a distance front a variety of 3001c00. The method predicts the equivalent Contin& pus A-vazaighted sound pr c sure level (as described in parts 1 to 3 of I80 19961 under meteorological con- ditions favourable to propagation Torn sources of known sound emission, These conditions aro for downwind pi0pngotion, es specified in 5.4 .3 3 of 15011996..2:1987 01, equivalently, propagation smiler a weal-devotnfod moderate ground- based temperature inversion, Such as commonly 0C - cot s rcots at :11011) IirVri1sinn uoi htions uvtn water surfaces are riot covered and may result in higher sound press- ure levels than predicted from ;his port of 150 0613 The ofelh0d also predicts s long -151n; average .9- weightne sound pressure level as specified in ISO 1996-1 and 15O 19962. Tho long-term average A - weighted sound pressure level encompasses lovely fora wide variety of meteorological conditions. The Tnothod specified in this part of ISO 9613 consists Specifically of octave band oigerrthrns (with neroiri19 midband frequencies from 63 fail to 8 kHz) for calculat- ing alculating the attenuation of sound which originates from a point snood sown°, or an assembly of point sierras The source for sourcos1 rosy be moving or stationary. Specific teens ate provided in lira dlCiuiithrus fui lite; following physical effects: geometrical divergence; — atmospheric absorption: ground effect; reflection from surfaces; screening by obstacles. COLE ENGINEER 1 N 0 Additional information concerning propagation throufah housing, foliage and industrial sites is given in an. 1300 A. This method i5 applicable in practice to a groat variety of noise soutanes and environments. It is applicable, directly 01 indirectly. to most situations 1 ont:0 rung road or rail traffic, industrial noise sources, construc- tion activities, and many utlei groand-based noise sources. 'a does not apply to sound from aircraft in flight, 01 to blast wave: from mining_ , military or similar operations, To apply the method of this part of (50 9613, 5eve�at paranlefers need to be known with respect to the ge- ometry of tho source and of the onv,mnmenl, the ground surface characteristics, and the 500(0e strength in 1000s 39 octave -band sound power Irwixls for diroctions relevant to the propagation. ROTE 1 if only A•wo-tiyhted sound powvi levels: of the Sources are known, the attenuation !R(InS for 58!) 97 may be used to estirnate tale insu!;ing anenuaii4ni The apeman,/ of ihn method and Phe lirrtitatinns to its use in practice are described in clause 9. 2 Normative references The following standards contain provisions which, through reference in °his text, constitute provisions of this ;cart of 990961:4 Ar the 1300 of pilh6cniinn, the editions indicated were valid. Al standards are subject to revision, and parties to syiet;isienis L,,ised un flu; part of ISO 9613 are encouraged to investigate the possibility of applying tho iro>f !esprit editions of tho standards indicated below. Members of IEC and ISO maintain registers of cur,ently vali0 international Stan- dards. 150 1996.1:1982, Acoustics Description and a1eas urel)1ent of rSnvirpnmenf9l 310)09 -- Part 7: 930)0 orrartiticas and proredunas 1 ISO 9613-2:1996(E) os 130 150 1906-2:1987, Acoustics --- Onocription and maas- uremen( of environmental noise — Parr 2: Acquisition of data pertinent to land use. ISO 1996.3:1987. Acoustics --- Description and meas- urement of enviturenental noise -- Pard 3: Application to noise limtrs. ISO 9613-1:1993, Acoustics Attenuation of sound durin11 monapa(iurt outdoors - - Rif( 1. CalG0I8lipn of the absorption of sound by tho atmosphere. IEC 651:1979, Sound leve/ meters, and Amend- ment 1:1993. 3 Definitions For the purposes oI this part of ISO 9613, the defi- nitions prone In ISO 1096.1 and the following defi- nitions apply. (See table 1 for symbols and units.) 3.1 equivalent continuous A-wolghted sound pressure level, /.AT: Sound pressure lovul, in decibels, defined by equation (11: =1019{ wnere PA'(r)dtVpoi d8 (1) pair) is the instantaneous A vveighiod sound pressure, in pascals: po i3 the reference sound pressure I- 20 x 1043 Po): is a specified time interval, in seconds. The A frequency weighting is that specified for sound level meters in IEC 651_ NOTE 2 The time infer -vat '1' should be: sero( enough lu average the effects of varying meteorological parnrnctcrc. two different situations arra r.nnsidered in this part nl ISO 9613, namely shoe Reno downwind and )00q- ern- 0001311 ((03reg03 Table 1— Symbols and units Symbol Definition Unit 4 nrl903-hand attenuation (19 Cant meteorological correction dB A dislenae from point source to receiver (see figure 3) m de distance horn point source to receives projected unlu the grooms pane (see fiyure 1) nr dyv distance between source and point of reflection on the reflect eg obstacle (see figure 8) m dor distance between point of reflection 011 lite Io)lecilug obstacle and le eivsi (see fiyole. 8) in d„ distance from source to (fest) diffraction edge (see figures 6 and 7) mi d,, Dl disldnce (Juni (second) di)Iraclien edge to lecei001 (SSU (n (((35 6 and 7) directivity index of the point sound source 111 0, r scieunnlg anent oboe distance between the first and second diffraction edge Ise o figure 7) -- m 0 ground tactor - 1, moan height of source and receiver ni 3, hr neighs of point 501E30 above (31001)(1 iso© fiqure 11 height of receiver shove ground (000 figure 1) 10 ix, 16 mean height 01 the 5(0995ati09 path above the ground (see figure 3) m Hmai( largest dimension of the seurcet rn 4,,, minimum dimension uen910 or height) of the reflecting plane isee iigur0 8) m L sound prossuro level d8 n atmospheric attenuation coefficient t1E8ikrn {3 angle of incidt:nee rad p Sound reflection coefficient .,_ 2 COLE ENGINEERING 32 33 n ISO ISO 9613-2:19960) 3,2 equivalent continuous downwind octave - band sound pressure level, L/11DWIi Sound pressure !oval, in docihals, dofinod by equation i2): Llr(DW)=10lq JI] pt20)111 /pool dB 12) where p1(r) ,g the instantaneous octavo -hand sound pressure downwind, is pascals, and the subscript .1 represents a nominal midbarld frequency of an octave- band 13101. NOTE 3 The oloctrical cheraciori otice, of the octavo bond • Niers should comply a1 'oast with the- class 7 requirements of 150 12010 3.3 insertion togs (of a harrier): Difference, in deci- bels, between the sound pressure levels at a receiver in a s)ecilied position under (s a t.:01 'curs: a) with tho barrier removed, and b) with the barrier present (inserted), and no other sigrnticant changes that affect the propagation of sound. 4 Source description The equations to be used are for the attenuation of sou1iti frbrn point sources. Extended moist; s0010es, therefore„ such as road and rail traffic, or an industrial silo Which may include several installations or planta, together with traffic moving ori the site) shall be rep- resented by a set of sections (cells), each having a certain sound power and direetivify. Attenuation calcu- lated fo sound hone a replusun(alive point within d Seutibn :s used to represent t5i attenudliun of SQui td from the entire section. A line source may be divided into lino sections, an area source into arca sections, each represented by a point source at its centre. Howav0r. a group of point sources may ho drscrihnrl by an equivalent point sound source situated In the middle of the group, in particular if e) the sources have approximately the some strength and height above the Iota' ground plane, 5) flan same propagation conditions exist from the stain:re; to the point 111 reception. and 0) the distance (.1 (burn the sinyler equivalent point Sour0e to the receiver exceeds twice the }Brues), dimension 1-1,„, of the sources id: COLE ENGCNEERING If the distanced is smaller Id 211,1,,,), 01 11 the propagation conditions for the component point sources aro difforont (o,g- duo to screening), the total sound source shall bo divided into its component point sources. NOTE4 'n addition to the real sources described above, image 50111005 will ho introduced to dersoree the reflection of sound from walls and ceilings ;but not by the ground), as described in 7.0 5 Meteorological conditions Downwind propagation conditions for the method specified in this part of 1909613 aro as specified in h 4 3 of 190 1995-7•1be9/. namely wind direction within an angle of 45" of the di- rection connecting the cootie of the dimlinant sound source and the centre of the specified re- cover region, with the wind blowing from >ourec to receiver, and wind speed hetwer-:n approximately 1 m/s and 51)11x, rneaswed et a height of 3 nl to 11 m above the ground. The equations for calculating the average downwind sound pressure level L01)DW) in this part of (90 9613, including the equations for attenuation 0:50)1 sn clause 7, are the ,Vera 5910 for feeteortllneica) con- ditions within theSe limits. The term average nore means the average over a short time interval, as de- fined in 3.1. Those equations also hold, equivalently, for sverage propagation under a we(1-developed moderate ground- based temperature inversion, such as commonly or - curs on clear, calm nights. 6 Basic equations The eg01000eni cont(nuo00 downwind soave -hand wound pressure level of a receiver location, 1.,3[)W), shall ha calculated for each point source, and its im- age sources, and nor the eight octave bands with nominal midband frequencies 5orn (13 Ho to h from equation (31: L». 1- 0, 3 .13) whoa. Lrt, is the octave -band sound power level, in decibels, produced by the point sound source rotative to a referonr.e soling pnwnr 1e) 1:)111 nioowa11 (1 OW), ISO 9613.2:1996(E) D, is the directivity correction, in decibels, that describes the extent by which the equivalent continuous sound pressure level from the point sound source doviates In a spocifiod di rection from the luvol of an omnidirectional pent snland SOuree p108001l9 sound power level Lty; De equals the directivity Index Di of the point sound Source plus an index D0 that accounts for sound propagation into solid ;angles leas than An sterediono; for on 01011- dirootional point sound source radiating into Iroe space, !)c = 0 dB: A is the octave -band attenuation, in decibels, that occurs during propagation from the point sound 800100 t0 1110 receiver. NOTES 5 1 he letter symbol A lin italic typal SiQnilies attenuation in Ihis part of 150 9013 except in subscripts, whore it desig- nates the A-)requoncy weighting (in roman typo). 6 Sound power levels in equation (3) may be determined from measurements. for example as described in the 150 3740 series dor machinery) or In 150 0297 (for indus- trial pla1110! 'ho atlenuatiun term A in €1qu811011 13) is given by equation (4)r A __ Aa, 1. Anon + A0, f Ar:„ t Amity where Ray 0 160 point sound source, for each of their Image sources, and (01 00011 octave hand, as specified by equation (5): Lor(DW)=1019 wI10le 0Q1�Ln (+1}+At) )1 d8 151 rr is the number of contributions i (sources and oaths;); is ars index indicating the eight standard octave -band midband frequencies from 03 1-11 to 8 khz; AJ denotes the standard A -weighting (see IEC 651) The Ion) -terry; average A-weightod sound pressure !eve! Lr,ttl..1) shall be calculated according to 60r.11_T) `= LAT (0)8') - t -n,1 .. (6! where (me, is the meteorological correction described in clause 8. The calculation and signil1cance rt the vaunus rerrns . . (4) in equations (1) to (6) are explained in Rua following clauses. For a more detailed iroatine.nl of 111e at- tenuation terr113, see the literature ref etencoa given in annex is the attenuation due t0 geometrical diver - pence (see 7.1): Aatm is the alleuuattou due to atmospheric ab- sorption (see 7.2); An, is 515 attenuation due to the ground effect lava 7.31: Am in the attenuation due to a harrier (soo 7.4); Amiss is the attenuation due to miscellaneous other effects (see annex n). General methods for calculating the first tour terms In equation (4) are specified in this part of 150 9613. In- formation on three contributions to the last 118101, Amiss: (lis attenuation due to propagation through foliage, industrial sites end areas of houses), is given in en - !lox A. The equivalent continuous A -weighted downwind sound pressure level shall be obtained by summing the contributing time -mean -square sound pressures calculated according to equations (31 and (4) for each 4 COLE ENGINEERING 7 Calculation of the attenuation terms 7.1 Geometrical divergence (Ads) Tho geometrical divergence accn alts for spherical spreading in the Tree field from a point sound source, making the attenuation, in decibels, equal to Ado, =t201g(d/da)+ 1 1 (18 ... (7) where d is the distance from the source to receiver, vi metres; do is the reference distance (= i mL NOTE 1 INC 0£0151510 in equate@n til :or power lev0l to the sound prosure 081 at tanc1 dr, which is 1 m from an ornnidiroctiol source s the sound eterence 1115- ( point sound 34 35 ® ISO ISO 96134:1996{E) 7.2 Atmospheric absorption (A"„) the attenuation due to atmospheric 9h9,or)1ti0n Aol0, in decibels, (luting propagation through a distance d. in metres. is given by trot/Kinn t8k Aatm = ad/1000 ... (8) whore a is tho atmospheric attenuation coefficient, in decibels per kilometre, for each octave hand at the rnidband frequency (see table 7) for values of a at atmospheric conditions not covered in table 2, see ISO 9613 1. NOTS0 8 The atniospheric attenwItion c(104luer,t depends strongly on the frequency of the sound, the ambient tern- DwAto1e anti re1il9ve humi945 of the air. but only w 39935 On the an tbitm; 3.n 1;9913)1. 9 For calculation of environmental nni9 (covets:, the at- rhospheriC atten99ti0)3 coefficient should be 6990(1 on aver- age values determined by the range of ambient weather which IS relevant 3o th93 Inrahty. 7.3 Ground effect {Awl 7.3.1 General method of calculation Ground attenuation, Ay,. Is mainly the result 01 Sound reflected by the ground surface interfering with the sound blop0yatinrl directly (tool source to Ieceivel. the downward -curving propagation path (downwind) ensures that this attenuation is determined primarily by the ground surfaces near the suuice and lied' the receiver. This method of calculating the ground effect is applicable only to ground which io approximutoly flat, either horizontally or with a constant slope. 11110 distinct region, for ground attenuation are specilIed Nee (393)39 1): a) the source region, stretching over a distance from the Source towards the receiver of 304,, with o maximum distance of dr, Os is the source (1933.391, anti dr, the distance from source to receiver, 99 projected on the ground )33900), h) the receiver region, stretching over a dislsnce from the receiver back towards the 300)90 of 30h,, with a maximum, distance of 113, 19 is the re- ceiver height); o) a middle region, strratc1iny over the distance be- tween the source and 1ec9vrr regions If deo (30h1 + 30(19), the 1100100 and receiver regions will overlap, and thou) is no riddle region. According to this scheme, the ground 1110nuanon does not increase with the size of the 1) Sddici 36903)). but is mostly dependent on the 9(0999tie5 of Source and receiver regions_ the acoustical properties of each ground region are taken into account through a ground (actor G Three categories of teflecting surface are soecilied as fol- lows. Table 2 -- Atmospheric attenuation coefficient a for octave bands of noise Tempera- wee Relative humidity Atmoepheric attenuation coefficient a, d8/km ^--� Nominal midhond frequency, M7 '6 `1'0 03 125 250 500 1 000 2 000 4 000 8 000 10 70 0,1 0,4 1,0 1,9 3,7 9,7 32.9 117 20 70 0.1 0,3 1.1 2,6 5.0 9,0 22,9 76,6 30 70 0,1 0,3 I,0 3,3 7,4 12,7 . 23,1 69,3 l fi 20 0.3 :1,)) 1.2 2,1 - 8.2 '2(17 338.8 2(12 15 50 0,1 0.5 1.2 2,2 4,2 10,0 36,2 329 tri (10 0,1 0.3 11 2.4 4,1 8.3 23,/ 82,8 COLE ENGINEERING 359, a)- SOU('CC reyt�.�n 111 1 Figure 1 — Three distinct regions for determination of ground attenuation 5 36 ISO 9813 2:1996(E) a) Hard ground, which includes paving, water, ire, concrete and all other ground surfacer; having a low porosity. Tamped ground, for example, as of- ten occurs around industrial silos, can be con- sidered hard. For hard ground G — 0. NOTE 10 11 should he recalled that inversion con (Minn0 ever walnr are rel onvsned by this hart o1 IS0 9013. bl Porous ground, which includes ground coverers by giess, trees ur ulhur vegetation, and all Diner ground surfaces suitable for the growth of veg- etation, such as forming land. bur porous ground G = 1. c) Mlxod ground: it the surface consists 01 both hard and porous ground, than C takes en values 1 f � 20 SO 125 250 500 1 000 2 000 1 ;60112 Oisfanre rir m Cm, r c 5,0111 20 00 125 250 500 1 000 9 non 01s1anm d,. m (2 ISO ranging from 0 to 1, the value being the fraction nt the region that is porous fa oakG11510 the grrlurin attenuation for A Specific oc- tavo band. first calculate the component attenuations A, for the source region spueilied by lite ground facto! G5 (for that region), A, for the receiver region specified by the, ground factor Gr, and A,,, for the middle region specified by the ground factor G,,,, using tho expres- sions in fable 9. (Alternatively, the functions u', and 1' in table 3 may he obtained dirnrtly f iorn rhr. cloves in figura 2.1 The total ground attenuation for that octave band shall be obtained fruit' equation (91. Arr, _. As d 3, r Arn 191 Nt1lO 11 in 11231005 o 1h 11ui1,1�ngs, the intla1 ((' (1 ihe gwurvd 011 suut.d InupcgrGun uray be chiroged iso.!. A.31 20 50 120 2`,0 000 Diutanca d...m 20 50 125 250 500 1000 0lsfa0c0 dr. m 000 Figure 2 — Functions a', W, r and r1' roprosonting the influonco of the source-to•rocc(vor distance J,; and the source or receiver height h, respectively, on the ground attenuation Ay, (cornput0d from nonillions in table 3) 8 COLE E NCI 1 N ICE R IN CI ID ISO 37 ISO 9613.2:1996(E) Table 3 — Expressions to be used for calculating ground attenuation contributions A, Ar and Am in octave bands Nominal midband frequency Hz A,_ nr 3,0 013 e,,, 013 e3 -1,5 3,191 125 -1,5 + (: xdlhi 2..............__......_....._._._,_..,_..._._,...��.__.r.___,1..,._._.___".__"__.__ ._.�............. 500 -1,5+Gxel th) w_ .,...,.._..�...�..___a 000 .._..__... 1 - 1,5 e G x d00._..__._._____,_ .. 3411 - C;,,,) 2 000 1,511 - G) ._®...._,..,e....,._.. 003..7,_.....�....m_____-_.�� (0 ____ ___....____.__...._.. ......... 0 0 _. 1.5) 1 -. Gl 00056 S r„150 0.09(2! �.p x IC ° ❑`(It) -^1,`.i L�3A ><o•-°•12(11- 1 11-�tl" l +i,7 xe� i\9�t; ff(h)= 1,K t- 8,6 v cs'u•sol,ttt_ e' -d:) na r'(h)- 1,5 .+14,nxn-0.483=1(1_0'r/I'I ) ri'(h)= 1.0+w,.[339..0=Or<r(1 _t' dpi8C,1 5 1) Fe) calculating 4y, take 10 - (13 And 1, x h,. For calculating 3,, lake (: ' c, and h = hr, Soo 7.3.1 for 00003 of G fot various °found sutlac.09 21 y 0 when du .; 30th, .s 5,) 5 P11,1) <t 1- a---=- ------ whondr,>30(8. +h,) 1111 wh,',r'. 0„ IS the. Cnilr('R-tr3-ior;1lv93 11s)anne, Al ril9Pr09. i1rol9r 03)!.1330 the /1 on a lanes. 7.3.2 Alternative method of calculation for A -weighted sound pressure levels Undor th0 following 1pecific condihono -- only She A -weighted sound pr090lIr level at the r0c4?iv@r 1)0S0iCn is of 111361est. -- 1110 sowd pl0pb3a) Orl 0(31113 00(?; 00rous (jlaUllli or mixed ground 111031 of which is porous (see 7.3.1), — the sound Is nota pure tone, and far ground Sulleces of any shape, the ground at- tenuation may be; calculated from equation (10). Ao, '4.8–(28,9/d)117+(300/0)) a0 dB 01 where d is the distance from the source to 10coiv01. in mon e5. The mean ha(Oht 1,,, may he evaluated by the method shown in figure 3. Ner3ative values (or Ay, from eguat10r1 (101 shall be 1 wJ133ed by 061313. NOTE 12 For short distances rt, equation 1101 11red1Cts nn attenuation anJ 19000011 10) Indy Ire nlulr aci;wate. When the ground attenuation is calculated using eitusfiun (101, the directivity coueclicrl Fly in e1)35)1on (3) shall include a terra Url, in riecihels, count for the apparent increase in sound power level of the source dos to reflections from the ground near the source. cin - 10 Ig {1 + [a2 + (r,5 - 11, (2 `In7 (h; s,)3J } cin (11) 101 ir0l12 h,,, is the 111990 height of the propagation path h, is the height of the source above tho ground, above rho 'Ouwnd, in 001311)15; in rnetre5; COLE e N Q 1 N S C R I N a 7 ISO 9673-2:1996(E) Q I5t h is the height of the rocoivor above tho ground, in metres; du is the buuice-to-!ee IV l distance projected onto the ground plane, in metres. 7.4 Screening (Ap8,I An object shall be taken into account as a screening obstacle Cotten called a harrier) if it meets the follow- ing requirements: — the Surface density i3 at (east 10 kghna; tho object has a closed surface without large cracks or gaps (consequently process installations in chemical plants, for example, are ignored); the horizontal dimension of the objoct normal to the source -receiver line is larger than the acoustic wavelength w. at the nominal midband frequency for the octave band of interest; in (Aber WOWS 1, + 1, > A. (sue figure 4). f- ch object that fulfils those requirements shall he represented by a barrier with vertical edges The top edge, of the balder is a straight line that may be slop• ing. litecQiver • hm = Fld, where F is the area Figure 3 — Method for evaluating the mean height hm 0 H NOTE — pn object is only considered to be a screening obstacle when its horizontal dimension perpendicular to the source receiver line 3R is larger than the wavelength; fl, ♦ I,) > d Figure 4 — Pian view of two obstacles between the source (Si and the receiver (R) 8 COLE ENGINEERING 38 m Iso For the purposes of this part of ISO 9613, the Venn - alio!! by a bailie!, Ah., shall be given) by the insertion loss. Diffraction over the lop edge and around a vorti- cal edge of 3 barrier may both be important. (Soo fig oro 5.) For downwind sound propagation, the effect of rhttreetInn (!n decibels) eye! the lop edge shall be ca!- culated by Ah„ = 11 - A01 > and for ditfrncfiOn around o vertical edge by Aria X11,70 where COLE ..(12) .. ((3) 11., in the barrier attenuation for each octave band (see equation (141), q, is the ground attenuation in the absence of the barrier (i.e. with the screening obstacle removed) (see 7.3). Figure 3 — Different sound propagation paths at a barrier Nt)1FS 13 When A1;y,, 63 defined by equation (121 is substituted in equation (41 to find the total attenuation 4, rho two Aa, terms in equation 14) will cancel. "rhe barrier attenuation 0, in equation (12) then Includes the effect of the ground in Mc presence of the heftier. 1450r large o st500es and hl011 haulers, the insertion loss calculated by aquoticn 1121 is not sufficiently confirmed by measurements. 15 In calculation of the insertion Loss for ntultlsource in- dusfriai plants by high holdings 0eure than 10 m above tit: groundl, and also for 11(180/55 sources within the plant, equation ; 13) should be used in both cases for determining the longterm average sound pressure level fusing equation (6)1. 16 For sound from a depressed highway, there rosy b9 attenuation in addition to that indicated by equation (121 along a ground surface outside the Depression, due to that ground surface ENGINEERING 39 130 9613-2:1996(E) To calculate the harrier attenuation 1),, sSsnre that only one significant Sound -propagation path exiSts from the sound source lu ilia ieoeivei. If this ossuil5!' tion is not vnlid, separate, calculations are required for other propagation paths las illustrated in figure, 6) and the contributions from the various paths to the 4111iared sound pressrrrr at the receive, are srhmmec The baffle! attenuation 1,, in decibels, shall he calcu- lated (01 this oath by equation 114): 1), = 1013 3 .a (Cy/%) c36K;(1 dB ... (141 whets) C2 is equal to 20, and includes the effect of ground refiretionc; if in 5peci8( ca309 ground reflections are taken into account separately by :mage sources. C2 - 40: C3 s equal to 1 tot single. diffraction (see fly• ore 6); for double difilac(iun lave (iyurr: 7), Is the wavelength nt sound of the notnlnal midband frequency of the octave band. in I lel! es; !s fha difference between the pslhiangths of diffracted and direct sound. as calculated by euluatiut(5 116) and (17), in metros, Kr„, is the cnrrr?rtinntac(nr for metenrolnplcal efteetS, given by equation rib): is the distance between the two diffraction redoes 111 the case nt rfniihir; Attraction (see figure 71. For single diffraction. 85 shown in figure 6. the path- , length difference z shall be calculated by Myons of equation (181: (d,, + rizr wherre 112 1181 d3s !s the distance from the solace to the hast/ diffraction edge. in metres: d;! is the distance from the (second) diffraction a_rro to 11)5 receiver, in moires: a is (ho component distance parallci to the barr;er edge between Source 1311(1 receiver, to metres 9 ISO 9613-21906IE) Figure 8 — Geometrical quantities for determining the pathlength difference for single diffraction 0 Flame 7 — Geometrical quantities for determining the pathlength difference for double diffraction II tho line Of eight botwoon the ,Jourco and receiver R passes above the top odge of the battier, ir, given negative stgn Vol- double dittrachon, as showr 0 figure 7, tho path length difference 7 Shall (7o A10( ilAtOd by .1(4s t 0);1 +0] _ d The cOrroCvion tactor tino, for metcorologicol con- ritinn5 in e.gotalinn (1A) shall be calculated using eauation ((8): exp I- (1/2000).1a„rr,„,i/()1 +or z s 0 (1(4) f171 10 COLE Kam), 0, 1 for < 0 r0 ENG I N E E R 1N 0 IGO ror laterol diffraoiun diuund obstacles, ii he as- .sumod Mel fin,o1 - 1 (see figure 0). NOTES 17 Era snuree-Io-recaiver distances l(cs )1,3n 100 al, (h0 calcolalion using equarlon 1(4) shows Mgt K, may ho as• •AJniod enol to 1.10 00 accur0cy l 1 dB. 1F1 Equation 11(7) proy,do$ o conttnuout ttan0tion from the case of single Pirfraclion lo = 01 where r'.'3 = 1, In thAt nf a wall se rote( double (Effraction 0 3o Al W(rrOO C1 = 3 19 0 baffler may be less of1Qc10.4) than colculorcd by NU3111.MS (121 10 11131 as 3 result (4 rniindinrA irnm 0,1110, tiCousticzlhy hard surfer -cos nedi the uvuiuJ p0II1 nom me sourca 10 1110 roceiver or by rnolliplo rclIcchon•.) botween an 0000.51k:H110 nAld name: anrl the Nnnr0.0, 40 v (GO The barrier attenuation 17t, in any octave band, should not he taken to be Uleatei than 20 dB in the case of single diffraction 8.e. thin barriers) and 25 d6 in the corn of double diffraction (i o. thick bsrriors). The barrier attenuation for two barriers is calculated using equation f14) for double diffraction, as indicated in the lower owl of figure 7. The barrier attenuation for more than two barriers may also be calculated approximately using equation 114), by choosing the two 101001 off achy() barrier;:, neglecting the cffocta of the others. 7.5 Reflections Reelections are considered here in terms of image suwces. 'hese 1e(luetiuns ale hun, oulJuui ceilings and more or less vertical surfaces, such as the fa- cados of buildings, which can incroaso the sound pressure levels at the receiver. The effect of roflee- tions horn the ground are not included because they enter into the calculation of A0. Thu raflucti,..s fto] t, do ubstauit .)tall ba cah;ulaled fu, all octave bands for which all the following require- ments equirementa aro mot: a specular reflection can be constructed, as shown in lignre N; the magnitude of the sound reflection coefficient for the surface of the obstacle is gieater than 0,2; the .111)000 is large enough for trio norninal mid- band wavelength A (in metres) for the octave hand under consideration 10 (they the relationshmp 1/A, 42/0, cos 11)' j [dr.t,do.rAd" do, )] (14) where ISO 9613-2:19961E) A. is the wavelength of sound (in metres) at the nominal midhand frequency f (in hertz) u( the 001000 band !` A — 340 f n1s ds.a is the distance between the source and the point of refluction on flat ubslacle.; ,i r is the distance between the point of re- flection on uric obstacle and tho roccivcrr f..) is the angle of incidence, in radians (see figure if): is the minimum dimension (length or height) of the reflecting surface (see fig- ure U). II any of these conditions is nor 11101 for a giv band, then reelections st-,ell los neglected. The real source and source image are handled sepa- ,emely. The sound power level of the source image t -win, shall be calculated from Lw + 10 Ig (p) d(3 1 Dp octave (20) where, p io the sound reflection coefficient st angle (1 on the surface of the obstacle (0 0,2) (see figure 8), Ulr i; the directivity index of the source in the di- rection of the receiver imago. If apecific date for the sound reflection coefficient ore not available, the value may be estimated using table 4. For the sound source image, the attenuation terms of equation (4), an well at; p and Dry in oquation (20), shale be determined according to the propagation path of the reflected sound. N1)TF --- 0015 d, , + ri� ,'e;P.nr•:rting 1 i1) iecie.rC', 1011tauQ! 111 alit rile{.Ile 110 COLE ENGINEERING 0011(01' ; anrt reenivrtr 11 by rr lie',tint, imam ,he obstacle exst; m wr,ith J.,, tl tion. The lefiee10d soled appears to come from the sourc0 iInOun peculer reflection from an ohs, acle 1-1 41 ISO 9613.21996(E) rabic 4 -- Estimates of the sound reflection coefficient p 5ISO Ohfeet p Flat hard walls Walls of building with windows and small additions or bay 0,0 Factory walls with 50 % of the surface consisting of open - rugs, installations or pipes 0,4 ..__._......,.o.�..d.._.— 1) s)r(s/2) °)____._�_,. WhorC u is the diameter of the cylinder. dsc is the distance from the unun;e to the centre, C of 151. cylinti9t: 0 is the supplement of the angle hniwaen linty; S1' and CO. Cylinders with hard siinacras (tanks, silos) Orlin insPallntinns (pipes. towers, etc} • _ ..-_. g °) This expression applies only Jr tie distend, d,,. burn the source S 10 cylinder C is much smaller r than the d,SlanCcs d,r horn the cylindor to 1.0a(1ivor; 115 figura 0. Figure 9 — Estimation of sound reflection coefficient for a cylinder 8 Meteorological correction (Cn,N1) Use of oquation (3) load:- directly to an couivafont continuous A•wvlghted sound pressure level L,, at the receiver for meteorological Conditions which( aro favourable for propagation from the sound sources In that 18(8i561, 55 deScriberd in clause 5. This may 00 the appropriate condition for meeting a specific cin'r�• munity noise limit, i.e. a love) which is seldom ex- ceeded (see ISO 19953). Ofton, however, a long term average A -weighted sound pressure level Ln1.(LT) is required. where, the limo interval Tis several months uta yea', Suth a period will normally include a variety ofmeteorological conditions, built 'avowable and un• favourable to propagation. A value for L,- (LT) may be obtained in this situation from that calculated for 1.51(DW) via equation (3), by using tho meteorological correction rum In equation (6). 4 value (in decibels) for C111U1 in equation (6) may ho calculated i.isinj equations (21) and (22! for rho case of a point sound 5011)1.0 wilh an pulpit which tS effec- tively constant with limo: - Cmm =0 d ill 101/), + hr l 12 COLE E N GI N EERING (71) - I0(/11 1 -hr )/1Ip] i/71 if rip : 10(l/5 I whlale h; iS the sourc<r height, in moves; h, is the IOCeiver height, in metre5; du is the distance between the source and re- ceiver prnjneted to the homontal ground plane, in metres; Co is a factor, in decibels, which depends on local meteorological statistics for wind epoed any dirt3Ction, and tranlr1Rratl ire gradients The of foots of meteorological conditions on sound propagation are small for short distances 1 , and for longer distances et greater source and we:Giver heights htiUations (2)) rind 172) account alpprnxl- Illalely for those factors, as shown in figure 10. 42 No ISO 9613-2:1996(E) 0,6 0.6 0.4 0,7 t. 40 100 000 400 i 000 0 000 aistao014 (4,111 Figure 10 -- Meteorological correction Cmoi 5015S GGA A value for Co in eguatluns (21) and (22) may be esti- mated from an elementary analysis of the local meteoro- logical statistics. Fel example, if the meteorological conditions favourable to propagation described in Clause b die Mond to 00G144 for 50 % 01 the time period of interest, and the attenuation during the other 50 % is highs- tly (1)1(1 or more, Phan the sound energy which arnvns for meteorological conditions unfavourable to propagation may be negleotcd, and Cu will be approximately e 3(10. 21 The meteorological conditions for evaluating Co may be established by tho local authorities. 22 Cxperioncc Indicates that voluoo of Cu in pra0tic0 ora Iim110(1 to the (04100 ((Orn /WO 10 approximately e $ 110. ,and values in excess 00 2118 am exceptional- Thus only very elementeuy statistics of the focal meteorology are n60d60{ fora 3: 1 d3 accuracy in CO. For a source that is composed of several component point sources, h in equations (21) and (221 represents the predominant source height, ,and d the distance horn the centre of that source to the receiver. 9 Accuracy and limitations of the method The attenuation of sound propagating outdoors be - )ween e fixed 410(4)4444 and 100)6601 IluutualCS due to variations in the meteorological conditions along the propagation path. Restricting attention to moderate downwind conditions of propagation, as specified in clause 5, limits the effect of variable meteorological conditions on attenuation to reasonable values. COLE ENGINEER 1 N 0 1114411()4, !here is information to support the method of calcula- tion given in clauses 4 to 14 (see annex (1) for broad- band noise Sources. The agreement between calculated and rneasuleci vahr4S of 1)10 666(0913 A weighted sound pressure level for downwind propa- gation; 50 ((OW), supports the estimated accuracy of calculation shown in table 5. Those estimates of accu- racy are restricted to the range of conditions Spgcdired for the validity of the equations in clauses 3 10 8 and are independent of uncertainties in sound powei de- termination. NOTE 24 Tho estimaros of accuracy in 135)0 15 aro for (10vanwinn conditions averaged rivet independent situations as specified iu clause 5). Tha,y 1111130)1) nut necussarlly ba oxpoctcd to awn() with Iho, variation in measurement, made 0t a -given Site On a jlvnn day The falter can he Ex- oacted to h6 considerably larger than the values in table 5. The estimated errors in calculating the average downwind octave band sound pressure levels, a; well as pure -tone sound pressure levels, under the same conditions, may be somewhat iar(Jer than the esti- mated errors given tot A -weighted 500013 pressure levels of broad -band sources in table 5. 101 table 5, an estimate of accuracy is not provided in thin part of ISO 0613 for distances r/ greater flim the 1 000 n1 upper limit. 1hroughnut this part el ISO 9615 the mntenrnlo(ical conditions tinder C0I1SId0(aNOn are limited 10 0)11y two Cases: a) moderate downwind conditions of propagation, or their equivalent, as defined in clause 5; b) a variety of meteorological conditions es they exist (/al months or years. 13 43 (11 ((flh ISO 9613-2;1996(E) V IS( Tho use of equations (11 to (0) and (7) to (70) land in the use of individual equations. Equation (9) is, for therefore also table 5) is limited to case a): meteoro- example, limited to approximately flat terrain. These logical conditions only. Case b) is relevanl only to the specific limitations are descrihed in VIA taxi ar- uso of equations 46), (21) and 42.2). 'hare are also a cornpanyiny the ielevent equation substantial numbor of limitations )non meteorological) Table 5 — Estimated accuracy for broadband noise of LAr(DW) calculated using equations (1) to (10) Height. h 0<dc-100m (rtrtnea, d 100m<d<1000m 0<0<0 co rim chr30t h s the mean height of the srUice and receiver. rl is tar distance )r 0ovroir t the suoicu nr<i receiver t 3 (Ili 1 1 dB t3dB _.c<9 NOTE ---These estirnates have soon rnatlo from situations when, those ere no offer 10 9010eninq. due to re tion or attenv 14 COLE ENOINEERINO 44 fG ISO ISO 9613-21996(E) Annex A (informative) Additional types of attenuation (Amisc) The term An.,,,, in equation (4) covers contributions to the allernrdtiun from miscellaneous effects OW dc- ce551810 by the general methods of calculating the at. tcnuation spocifiod in rlau.^,e 7. Theo° contributions include Ar„ 1, the attenuation of sound during propagaliun through foliage, the ettAnuatron during oropaw4o through an industrial site, and Are„s, the attenuation during propagation through a huat-up rs8(.) C0 of houses, ,nrhic8 are ail 0Onsid4red in 0115 011r08 For calculating these ariddinnar rentrihullnns to the attenuation. the Curved downwind propagation path may uu aleauxinldlatl by do x11. ul a Circle of radius 5 km, as shown in figure A. A.1 Foliage (Atoll The foliage of troos and shrubs provides a small amount of attenuation. but only if it is sufficiently dense to completely block the view! along the propa- gation path, i.e. when it is impossible to see n short distance through the f01rag0. The attenuation may no by vegetation close to tho source, or close to the to, r:eiver, nr by hath S1 188008. 25 itlustratOd to figura A_1. Alternatively, the oath for the distances dl and die nay he taken es tailing alwttf hues al ptouapaliun an- gles of 1 b to the ground 1 h first iine in table A.1 gives the attenuation to h0 expected from dense, foliage if the total path length fhttwgh the foliage i5 between 111 m and 70 m, Ann Me second line if it is between 20 m and 200 rn. For path lengths yieater than 200111 thiuegli dense foli- age, the attenuation for 200 rn should be used. :AACTAkr,(ma cfc?'-ictlik, NOTE --41=41+417 For calculating dr 458 d7, Ole Curved path radius may be assumed t0 b0 5 km. Figure A.1 — Attenuation due to propagation through foliage increases linearly with propagation distance d1 through tho foliage Table A.1 — Attenuation of an octave band of noise due to propagation a distance d1 through dense foliage Propagation distance rlr Nominal midband fraquancy ft 03 12 25 250 500 1 000 2 000 4 000 8 000 Altnnuat:on, dB - to xi: dr -=2l) 0 I (3 3 1 1 2 3 AttartrSlion. d8/m' 20 3 8, 200 0.02 f ((03 0.04 0.08 0.06 0 (30 0,09 0,12 15 COLE ENGINEERING 45 ISO 9613-2:1996(E) A,2 Industrial sites 1Asool At industrial sites, an attenuation con occur due to scattering from installations (and other objects), which may ha described) as 4,;rr, un)Pss accounted for under Ate,,, or the sound source radiation specification The teirn installations includes tnisuellaneous pipes. valves, Usxos, 5tNC;Ura1 elements, etc. As the valise of 4,,d(pencis strongly on the type of site, it is recommended that it is detemained by measureine;nts. Nuweve,, fur 3111 estimate of this at- tenuation, the values in table A.2 may be used. The attenuation increases linearly with the length of the curved oath 0, through Tho inetaliationo (sec fig are A 2), with a maximum of 10 d8. A.3 Hnusing (Ahous) A.3.1 when either me source or receiver, or both are situated in a burls -up region of houses, an afl0n113- 1)01 ,vitt Deco, title 10 screening 07 the h008615. HOW - ever, this offeca may largely be Compensated by propogatinn between houses and by reflections from other houses in the vicinity. This combined effect o` screening and reflebtirons that constitutes .4nrn,, can be calculated for a sp0citle situahrn, at roast In principle, by applying the procedures for both An„ and reflec- tions described in 7.4 and 7.5. because the value of very situation -dependent, swab a calculation may be justified in practice. A. more uaeful alternative, particularly for the case of multiple reflections whcro the accuracy 01 calculation sutlers, May be to measure the effect, either in the field or by modelling A.2.2 An approximate value for the A -weighted cm tenuatron ,4i,L11,, which should not exceed 10 dB, may also be estirnahorl AS follows 1 here 310 twc separat0 cu(Uibutinns Ahpus ArtoUS.? A.3,3 An average valve MI AMu,,,., On 0301 els) be calculated 1.35ing the equation t't =0,144 OR (A.2) where y 13 is the density of the buildings along that path, given by tate total pian area of the houses di- vided by the total {)round area (including 10x1 0.lw;lv611,y the Iwuses), dl, r5 the Ienclth of the sound path, in metros, through the hudt•up region of houses, de- termined by a procedure anniegous to mat shown ill figure A.1 the Bath length d„ may include a portion d, near the SOUYC:8 And a portion d2 110131 1hk receiver. as Indicated n figure A.1. Tho voice of A, shall bo yet corral to zero in the Case of a small 8ou100 with a direct, unobstructed line of aioht 10 rhe 11)1(013011 down 3 crlrndor gap between Lousing Structures. NOTE 20 ihv so,Jrld p.s',u= 10,T1 (1 r.gcafi1. in0,vidoal i r,S16Gr1s ,„ a 102('11)7 P1 113111ses, m11)' mH,.r (13 on In o tip from the 1)301,190 valor p_t.liL100 011{1 <,xlu,tiurls (A 1) and (A.2) Table A.2 — Attenuation coefficient of an octave band of noise during propagation through installations at industrial plants Nominal midband froquoncy, Hz 63 126 260 500 1 0)00 0,1)? 2 000 0.02 4 000 00(5 8 000 i1 U.Ulb Aso,d(a/m 0 0,015 0,025 (7.025 Figure A.2 — Tho attenuation A,,to increases linearly with the propagation distance i/, through the installations at industrial plants 16 COLE ENGINEERING 46 0 ISO A.3.4 If there are well-defined rows of buildings near a road, a railway, or o similar corridor, an additional tum Annas may bo included (provided this term is Ions than too insertion loss of a barrio( at the same position with the moan height ot the buildings): Amus,l 10 Ig(1 - (p/1001) dB ... (A.3) where p Oho percentage of the length of the facades relative to the total length ot the road or railway in the vIcinIty) is ,- 90 %. A.3.5 In a built-up region of houses, the value of Antuti. 1 les calculated by equation IA 211 rnlernrt9 09 follows with the value for t ,, the attenuation duo 10 COLE ENGINEERING 47 100 9813-2:19981E) tyle ground las calculated by equation (9) or equa- tion (10)I. Lot A,1, 1i tro the wound attenuation in the. boils op re 01011, and Ago he Ihu ground attenuation if the houses were removed 11.0 as Oaleolnterl Iry equation (0) or equation 00)1. For propagation through the built-up region in general, Ah i5 ,isyunu(d to 113 ,Rau in Nytla- tion (d). If, however, the value of ,111, 0 s Tearer than that of Abut.;then the influence of Aho;rs is 1900red and only the value of Ay, �, is included in equation {41 The interaction above Is essentially to allow for a range of housing density 9. Fur luwtlensity housing, the value of Ao, is dominant, while for high•der sity housing Ahoos dominator,. 17 ISO 9613.2:1996(E) 0 ISO Annex 8 (informative) Bibliography 111 150 280:-- I`, Acoustics --_ Preferred (,eguen cies. 121 190 2204:1979, Acoustics — Guide to Intenla- 1ional St4ndords on the measurement of airborne acoustical noiso and evaluation of its cfloct on human beings. (31 180:1740:1960. Acoustics -- Determination of sound power levels of nose sources — Guide- lines for the iso of haw standards and ter The preparation of noise test codes. 141 158, 3744.1994, Acor191/99 --- Determrnol,nn nt sound power levels of noise sources using sound pressurra -- Engineering method in en es9Hrlrially free field over a reflecting plane. 151 180 8297:1994, Acoustics -- Dafrnninahon of sound power levels of muilisource industrial plants for the evaluation of sound pressure levels in the environment — Enginooring method. I8) IOC 004:1886, Integrating averaging sound love/ meters, and Amendrnenl 1:1989 and Amend- rnent 2:1993 11 To be published. (Revision of 100 266;19751 18 COLE ENGINEER 1 N 0 171 18C 1260:1995, Flectroscousrics — Octave -band and tractional -octavo -bard filters. 191 ANSI 51 26:1978, Method for the calculation of the ,absorption of sound by the etmncphere (A!lrelican national standard) 191 BFIACKENHC* H.E.A et el. Guidolinos for tho mea urpmant and prediction of environmental noise from indir,stry. Interdepartmental (:nmmrc- siun on Health, Report 1 -IR -II --13-01, 00111, April 1981. (In 00190) 11!I) KHAGH ,I. nt al. knvuonmentel No,se from Indus- rrial P10111s: General PrLdiction Method. I)Anish Acoustical Institute Retort No. 32, Lyngby, 1982. (In English[ 1111 VDI 1/14'1988, Gu,dolinns: Sound prooagatron Outdoors. Vere/n Deutsche( Ingenieure IIn Gor- man) [12) VDI 2720-1:1996, Guidel,nos, Outdoor noise con fret by means of eureen,ng. Vorein Ll81.il0c%t r 6,I. genleure. (In German) 1131 Engineering Equipment Material Uyers Associa- tion, Publication 140, Loddon, 1985. 48 CENTRAL ELECTRIC 1 COOPERATIVE, INC. November 3,2016 Ralf Di lzer 64130 Johnson Ranch Road Bend, OR 97701 RE: Service at 62870 Johnson Ranch Road In response to your inquiry, please be advised that property located in T.17S., R.14E, W.M., Section 23, Tax Lot 1300, Deschutes County, Oregon, is within the service area of Central Electric Cooperative, Inc. Central Electric Cooperative is prepared to serve this location in accordance with the rates, policies and available system capacity of the Cooperative. CEC currently serves this property with a 3phase, 277/480v service with a 500kVA transformer. The highest demand to date for this service is 219kW. Sincerely, C. - Tim Barrans Distribution Engineer OREGON LIQUOR CONTROL COMMISSION Supplemental Form: Marijuana Cultivation Plan Section 5 - Water Access Applicants must demonstrate legal access to water that will be used for the cultivation of recreational marijuana by either: • Holding a water right permit or certificate for the proposed premises; or • Demonstrating that water will be provided by a public or private supplier; or • Providing proof from the Oregon Water Resources Department that the water to be used for production does not require a water right. Check at (east one of the three sections and provide additional information as listed under the applicable section. 1. I have one or more water right permits or certificates and have listed all such permits or certificates below. Permit(s) or certificate(s) attached to license application as a separate upload. Water Right Number Type of Use Listed on Water Right (Ex. Irrigation, Nursery, etc.) Place of Use Listed on Water Right (Township, Range, Quarter- Quarter, Tax Lot) 17S, 14E, SWSW-23 Quantity of Water Listed on Water Right (Rate in cfs and Duty in AF or gallons) Is this a storage, surface water, or groundwater right? surface 83571 IR,PM,IM,DA 0.3875 cfs, 93 AF 76714 IS,PM,IM,DA IR 17S, 14E, SWSW-23 supplemental storage T-12106 FO 17S, 14E, SWSW-23 0.039 cfs, 9.3 AF groundwater T-12214(90952) NU 17S, 14E, SWSW-23 0.073 cfs, 12.0 AF groundwater Ap G-18175 NU,CM 17S, 14E, SWSW-23 0.5 cfs, 365.0 AF groundwater Continued on following page [FORM Mi 15-2001] mj_app_producer cultivation_plan (12/31) Page 6 of 7 DocuSign Envelope ID: 96770859-78A2.4CA8-891A-A596F6B959AB IRRIGATION AGREEMENT SB 267 TEMPORARY WATER TRANSFER PARTIES: Property Owner and Water Right User ("User"): Elite Soil LUC 915 SW Rimroek Way Ste 201-186 Redmond, OR 97756 Irrigation District: Central Oregon Irrigation District ("COID") 1055 SW Lake Court Redmond, OR 97756 RECITALS The User, as referenced above, proposes to temporarily transfer 3.25 acres of COLI) water right ("Water") onto the subject real property ("Property") commonly known as -Fax Map#: 17-14-23 00 01300. Where proposed Water on the Property is mapped as noted on the transfer "Map", Exhibit A, attached and incorporated by this reference requires compliance with the rules of the Oregon Water Resources Department (the "OWRI)"). Now therefore, the Parties agree as follows: AGREEMENT Incorporating the above recitals and exhibits as if set forth herein; 1, COID agrees to provide Map for proposed Water use on the Property as specified on Temporary District Transfer Application ("Application") and file the Map with the OWRD District 11 Watermaster, 2, User agrees to beneficially use Water as Mapped and pursuant to state law and rules of OWRD during the 2019 irrigation season. "Beneficial Use" is defined as noted below and as presented and may be amended in the future by state law, rules and statute, 3. On October 31, 2019 the Water will revert back to the lands from which it came. The Application shall be terminated and User must cease irrigation of the Property where Water was Mapped. 4. By signing this Agreement, User acknowledges that District staff or its designated Agents may periodically and without notice complete physical inspections of the Property to determine beneficial use of the water right as specified in the Application. The inspections may include walking the Mapped area, reviewing established crop and the delivery system, 5. Failure to fully use the Water as transferred may cause denial of future transfer requests to this property. 6. By signing this Agreement, each party represents he/she has the requisite authority to sign on behalf of the entity represented if any. Some Rules Regarding Beneficial Use: Beneficial use of Irrigation Right is the application of water to produce a crop, grass or landscape areas. Irrigation water shall be used on land that has been designated for this purpose -- irrigable land, not a rock pile and not on driveways, roadways or under structures. If you hold 1 acre of water, you must produce a crop or grass on exactly 1 acre of land. One acre equals 43,560 square feet. Landscape areas such as lawn or shrub beds or a comntercial crop such as shrubs, trees or growing of plants for resale is allowed. The land must be under production to qualify as beneficial use. The placement of water on land that is not cleared, seeded or under some type of production is not beneficial use. The use of irrigation water for dust abatement is not beneficial use. The use of irrigation water on anything that would grow naturally without the benefit of irrigation water is not beneficial use. OnceSign Envelope IP: 96770859-78A2-4CA8-891A-A596FGB959AB 00.90 314W by: 1-/ Rtisti ingerktelober, Elite Soil LLC y - i C. lark, Director of Water Rights ,Feb -11-2019 10:44 PST Date Date ) 9 BEFORE THE WATER RESOURCES DEPARTMENT OF THE STATE OF OREGON In the Matter of Transfer Application T-12106, Deschutes County FINAL ORDER APPROVING TEMPORARY CHANGES IN PLACE OF USE AND POINT OF APPROPRIATION Authority. Oregon Revised Statute (ORS) 537.705 and 540.505 to 540.580 establish the process in which a water right holder may submit a request to temporarily transfer the place of use and, if necessary to convey the water to the temporary place of use, the point of appropriation authorized under an existing water right. Oregon Administrative Rule (OAR) Chapter 690, Division 380 implements the statutes and provides the Department's procedures and criteria for evaluating transfer applications. Applicant ELITE SOIL LLC 62870 JOHNSON RANCH RD BEND, OR 97701 Findings of Fact 1. On July 20, 2015, ELITE SOIL LLC filed an application to temporarily change the place of use and change the point of appropriation to serve the proposed place of use under Certificate 75843 for a period of 3 years. The Department assigned the application number T-12106. 2. Notice of the application for transfer was published on July 28, 2015, pursuant to OAR 690- 380-4000. No comments were filed in response to the notice. 3. The portion of the right to be transferred is as follows: Certificate: Use: Priority Date: Rate: Limit/Duty: 75843 in the name of HERBERT J. and JACUELINE M. HESTER, JERRY JONES and JOE QUINN, DRY CANYON FARMS, and DWAYNE ROSEBROOK (perfected under Permit 0-7360) IRRIGATION of 3.1 ACRES DECEMBER 15, 1976 0.039 CUBIC FEET PER SECOND The amount of water used for irrigation, together with the amount secured under any other right existing for the same lands, is limited to a diversion of ONE -EIGHTIETH of one cubic foot per second, or its equivalent for each This is a final order in other than a contested case. This order is subject to judicial review under ORS 183.484. Any petition for judicial review must be filed within the 60 -day time period specified by ORS 183.484(2). Pursuant to ORS 536.075 and OAR 137-004-0080, you may petition for judicial review or petition the Director for reconsideration of this order, A petition for reconsideration may be granted or denied by the Director, and if no action is taken within 60 days following the date the petition was tiled, the petition shall be deemed denied. T-12106.jms Page 1 of 4 Special Order Volume 96, Page _ 91 acre irrigated, and shall be further limited to a diversion of not to exceed 3.0 acre-feet per acre for each acre irrigated during the irrigation season of each year. Source: WELL 4 in the DEEP CANYON CREEK BASIN Authorized Point of Appropriation: Twp Rng Mer Sec Q -Q Measured Distances 14 S 12 E WM 20 SW SW WELL 4-1050 FEET NORTH AND 170 FEET EAST FROM THE SW CORNER OF SECTION 20 Authorized Place of Use: Twp Rng Mer Sec Q -Q Acres 14S 12E WM 20 SE SW 3.10 4. Temporary Transfer Application T-12106 proposes to temporarily change the place of use of the right to: Twp Rng Mer Sec Q -Q Acres 17 S 14E WM 23 SW SW 3.10 5. A change in point of appropriation is necessary to convey the water to the proposed temporary place of use. Temporary Transfer Application T-12106 proposes to move the authorized point of diversion approximately 23 miles southeast to: Twp Rng Mer Sec Q -Q Measured Distances 17S 14 E WM 23 SW SW 680 FEET NORTH AND 780 FEET EAST FROM THE SW CORNER OF SECTION 23 6. Temporary Transfer Application T-12106 proposes to temporarily transfer a water right within the boundaries of Central Oregon Irrigation District. The District was notified of the proposed temporary transfer and did not provide any comments or concerns about the ability of the district to serve the right at the proposed new location. 7. The District rights Certificate 83571 and 76714, will not be exercised during the term of this Temporary Transfer. Temporary Transfer Review Criteria 8. Water has been used within the last five years according to the terms and conditions of the right. There is no evidence available that would demonstrate that the right is subject to forfeiture under ORS 540.610. 9. A pump, pipeline, and sprinkler system sufficient to use the full amount of water allowed under the existing right are present. 10. The proposed change would not result in enlargement of the right, T-12106jms Page 2 of 4 Special Order Volume 96, Page CW7 11. The proposed change would not result in injury to other water rights. This finding is made through an abbreviated review recognizing that the transfer may be revoked under ORS 540.523(5) if the Department later finds that the transfer is causing injury to any existing water right. Conclusions of Law The temporary changes in place of use and point of appropriation to serve the temporary place of use proposed in Temporary Transfer Application T-12106 are consistent with the requirements of ORS 540.523 and OAR 609-380-8000. Now, therefore, it is ORDERED: 1. The temporary changes in place of use and point of appropriation to serve the temporary place of use proposed in Temporary Transfer Application T-12106 are approved. 2. The former place of use shall not be irrigated as part of this water right during the 2015, 2016, and 2017 irrigation seasons. 3. The use shall revert to the authorized place of use at the end of the 2017 irrigation season. The authorization to use the temporary point of appropriation shall be terminated concurrently. 4. For the term of this Temporary Transfer for the portion referred to as the "to Lands" District Certificates 83571 and 76714 will not be exercised. 5. The approval of this temporary transfer may be revoked or modified if the Department finds the changes cause injury to any existing water right. 6. A subsequent application for permanent transfer of Certificate 75843 shall be subject to a full and complete review to determine consistency with the requirements of OAR Chapter 690, Division 380. Approval of this temporary transfer does not establish a precedent for approval of a subsequent application filed for a permanent transfer. 7. The use of water at the temporary place of use authorized by this transfer shall be in accordance with the terms and conditions of Certificate 75843. 8. The time during which water is used under this approved temporary transfer does not apply toward a finding of forfeiture under ORS 540.610. 9. Water use measurement conditions: a. Before water use may begin under this order, the water user shall install a totalizing flow meter, or, with prior approval of the Director, another suitable measuring device at each new point of appropriation. b. The water user shall maintain the meter or measuring device in good working order. c. The water user shall allow the Waterrnaster access to the meter or measuring device; provided however, where the meter or measuring device is located within a private structure, the Watermaster shall request access upon reasonable notice. T-12106.jms Page 3 of 4 Special Order Volume 96, Page ci,2/ 10. The use of the remaining water right described by Certificate 75843 shall continue to be in accordance with the terms and conditions of Certificate 75843. Dated at Salem, Oregon this 1 S day of f Dwightt/Right Services Administrator, for Thoma . Byler, Director Oregon ater Resources Department Mailing Date: SEP 16 2015 2015. T-12106 jms Page 4 of 4 Special Order Volume 96, Page "Tr (21 MAIN DISTRIBUTION PANEL "MDP1" SCHEDULE '04 - FLEX MOD F-101 LABEL SCHEDULE LABEL SCHEDULE ,f 4<f LEX MOD A-202 LABEL SCHEDULE .xr LABEL SCHEDULE it FLEX #SCJD A-201 FINISH SCH(DULE AV -4,1 I SN : . • ov IONS DESIGN CR nfRIN • f111,1131,101)1?1,:F1,1111,111,,,L1,?,11.1,S(11-.1111- DRAWING INDEX 1,1111/1.7 S?-11T11T DESCfl,1,1,0N -- .... ,074.1C.,,,,P.01-1C51..f: PAR, iC:7...12,1, e, -...,...s 1 A•7.,:: i ARCH ,,,r -E7.,,, e.,,,,,,,,,,,, [ • IN77F.,,,,71,51,1. £7.,..,; ,I,V.,. (7,-..,:..7 ,IiliC,' (1,1101: 11111,11,?141,,, PAINT CRITERIA 1.1011,,,??1111,11,77,AC,2 COA,011 p..775,,:i• GREY, M.'7.7,C7,1A2, 00• HOC,. 10,t • • E,Ski, COAT PR11.111.11,1,1,77.4, • COAI: `1,:11.t+11..14141744 ELECTRICAL REQUIREMENTS RV11111. RI1C1,111111.1E1,1 r?„1 I L 1 41, 4'n7447..V. 2'112 ..g? PHYSICAL SPECIFICATIONS 11007.111,111,1 4:7! 1-11•01.1.1101-: 000 G-001 etflf EXISTING CONDITIONS AND PROPOSED IMPROVEMENTS EC1.0 Atter recording return to: First American Title 395 SW Bluff Drive, Suite 100 Bend, OR 97702 After recording return to: Elite Soil, LLC 6601 N, 14th St., Suite 3 Plantation, FL 33313 Until a change is requested all tax statements shall be sent to the following address: Elite Soil, LLC 6601 N, 14th St., Suite 3 Plantation, FL 33313 File No.: 7061-2364452 (CS) Date: December 19, 2014 THIS SPACE RESERVED FOR RECORDER'S USE Deschutes County Official Records 2015-001647 Stn=3 01/16/2015 01:37:42 PM Stn JS $15 00 $11.00 $10.00 $6.00 $21 00 $63.00 1, Nancy Blankenship, County Clerk for Deschutes County, Oregon, certify that the Instrument identified herein was recorded In the Clerk records. Nancy Blankenship - County Clerk STATUTORY WARRANTY DEED Nadine Waltman Harmon, Lucinda Beth Ann Harmon Remington, and Gwen Leigh Remington, not as tenants in common, but with rights of survivorship, Grantor, conveys and warrants to Elite Soil, LLC, an Oregon limited liability company , Grantee, the following described real property free of liens and encumbrances, except as specifically set forth herein: LEGAL DESCRIPTION: Real property in the County of Deschutes, State of Oregon, described as follows: THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER (N1/2 SW1/4 SW1/4) OF SECTION TWENTY-THREE (23), TOWNSHIP SEVENTEEN (17) SOUTH, RANGE FOURTEEN (14), EAST OF THE WILLAMETTE MERIDIAN, IN DESCHUTES COUNTY, OREGON. NOTE: This legal description was created prior to January 1, 2008. Subject to: 1. Covenants, conditions, restrictions and/or easements, if any, affecting title, which may appear in the public record, including those shown on any recorded plat or survey. The true consideration for this conveyance is $100,000.00. (Here comply with requirements of ORS 93.030) Page 1 of 2 APN:131815 Statutory Warranty Deed Fife No.: 7061-2364452 (CS) -continued BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE 111 LE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SEL 1 IONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215,010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DE i ERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SEC1 IONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. Dated this / day of a--r2,,.Lr7.,--c7.• adine W-ltm rfH mon i ington Gwen Leigh STATE OF Oregon County of Deschutes )ss. This instrument was acknowledged before me on this by Nadine Waltman Harmon and Lucinda Beth Ann Har Refaingten. ,20/S--. ucinda Beth Ann Harmon Remington /;2 day ofy4le 20 /S Remington Snd -Gwen--Leigh OFFICIAL STAMP CHERYL J HANSEN NOTARY PUBLIC -OREGON COMMISSION NO. 930670 MY COMMISSION EXPIRES JULY 21. 2018 Notary Public for Oregon My commission expires: 7- 2/_„2.9/?' Page 2 of 2 NOTARY ACKNOWLEDGEMENT ATTACHED TO DOCUMENT Warranty Deed File No: 7061-2364452 (CS) Date: January 12, 2015 STATE OF Oregon County of Deschutes )ss. ) This instrument was acknowledged before me on this by Gwen Leigh Remington. OFFICIAL STAMP CHERYL J HANSEN NOTARY PuBLIC•OREOOa COMMISSION NO, MY COMMISSION EXPIRES JULY 21. 2018 day o 20l. - My commission expires: 7.2/-2_ )/g' DocuSign Envelope ID: 9D4OAEA8-D4E4-49A6-BD3B-5F06C58FABE2 LAND USE APPLICATION INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED 1. Complete the application font and provide appropriate original signatures. To ensure timely processing of your application, all materials must he submitted on single -sided, 8.5" x 11" paper. Do not use hinders, tabs/dividers, staples or tape. 2.This application shall include one full-sized plan sct(to scale) and one plan set reduced to no larger than 11"x17".fncludcaplotplanthatshowsallpropertylinesandexistingandproposedstructures, parking, landscaping, lighting, etc. 3. Include acopy of the current deed showing the property owners. 4. Attach correct. tee. 5. All applicable standards and criteria must be addressed in writing prior to acceptance of the application. Detailed descriptions, mapsand ot:herrelevant i_ lionnation must be attached to the application. _ 00 TYPE OF APPLICATION (check one): FEE: 1 s 6g Administrative Determination (AD) X Partition (MP) _ ConditionalUse(CU) Subdivision(TP) T Declaratory Ruling (DR) Temporary Use(TU) — SitePlan(SP) _ Variance (V) Setback Exception (SE) Other Applicant'sNamc(print): J Pat Horton MailingAddress: 915 SW Rimrock Way Suite 201-186, Redmond, Or. 97756 Applicant'sEmailAddress: 915 SW Rimrock Wily Suite 201-186 Redmond OR. 97756 Phone: (541)410-092_ PropertyOwner/sName: Elite Soil LLC Phone: ( 541.410-0922 Mai ling Address: 915 SW Rimrock Way Suite 201-186, Redmond. OR. 977.56 1. Request: Modification or Administrative Determination of Dile Number 247 17 000742A1) and 743 -SP for Odor and Noise Only 2. PropertyDescription: Township 17 Range 14Section 23 Tax Lot 1300 3. Property'Lone(s): E FU-AlfaIfa Suhzonc Property Size(acresorsq. ft.): 19.20 approximately .—....._ 4. Lot ofR ecord? (State reason): The stjj eet property was created by decd on Sept. 9 1973 by a Warranty Deed recorded at Volume 198 Page647 Creation otp a elsb}: decal greater than 5 tieres in ,lie was allowed until the adoption of PL_"/ on April 5 1977. The subject property is a lot of record under the definition provided in DCC 18.04.030____,__ 5. Property Address: 62870 Johnson Ranch Rd. Bend. OR 97701 (over) 117 NW Lafayette yette Avenue, Bend, Oret7on 97703 1 '.0. Box 6005, Cirznit CSFs 97708. .0 '1, 1N (.`541) 388 6575 (Yi r_dd)6drschut ee ownw,desshrtPes.orr;/cci Rev 5/18 DocuSign Envelope ID: 9D4OAEA8-D4E4-49A6-BD38-5FD6C58F48E2 6. Present Use of Properly: Farming 7. Existing Structures: Greenhouses, storage containers. commercial bldg„ modular bldg.. 8. Propertywillheservedhy: Sewer 9. Domestic Water Source: Well.CGID Onsite DisposalSystem X Tot he best ofmy knowledge, theproposal complies with allprevious conditions ofapproval and all other applicable local, state, and federal laws. By signing this application, I acknowledge that Deschutes County planning staffmay make a site visit(s) to the address(es) listed on this application in order to evaluate the property(ies) with the Deschutes County Code criteria applicable to the land userequest(s) submitted. Please describe any specialcircumstances regarding a potential site visit: r,t_.PD' Applicant's Signature: Date:4/19/2019 1 4:32 PM Date:4/20/2019 ( 10:48 AM Pt Property Owner' sSignature(ifdifferent)*:%,;'s t Agent's Name(ii`applii:;ible): Mai lingAddress:____, Phone: ( ) ,„City/State/Zip:. Agent'sEmailAddress:_ *If this application is not signed by the property owner, a letter authorizing signature by the applicant must be attached. By signing this application, the applicant understands and agrees that Deschutes County may require a deposit for hearings officers' fees prior to the application being deemed complete. If the application is heard by a hearings officer, the applicant will be responsible for the actual costs of the hearings officer. :117 NW 1.8 ayetic Avenue, Bend, Or ogon 9110 ( 0.(7 Sox 6005, Bond, 00 )7'/08 )5 (,; r41) 1) :388 6575 fid) csi irudeschutes .org (; www,desr huter..org/cd APPLICANT: OWNERS: REQUEST: PENDING CURRENT CODE — SUBJECT TO CHANGE J Pat Horton 915 SW Rimrock Way Suite 201-186 Redmond, OR. 97756 Elite Soil 62870 Johnson Ranch Rd Bend, OR. 97701 The Applicant is seeking a modification of the Findings and Decision to File Number 247- 17 -000742 -AD and 743 -SP submitted on Sept. 5, 2017. This modification is based on a reduction of size of the processing building from the original approved size of' 2100 sq. ft. to a new sized building of 480 sq. ft. on the same site location as the previous approved building. Applicant also requests a modification of the odor control system and noise control ONLY. All other submitted responses in the original Site Plan Review Application on Sept.5, 2017 are the same and will be reflected in the RESPONSE as "No Change" or "Previously approved in Findings and Decision in File # 247 -17 -000742 -AD and 743 -SP". This Modification is in 2 parts. This application is made pursuant to the "Pending Current Code which may be Subject to Change." Attached hereto is a Modification made pursuant. to the original code Chapter 18.1 16. Chapter 18.116. SUPPLEMENTARY PROVISIONS 18.116.330 18.116.340 Marijuana Production, Processing, and Retailing Marijuana Production Registered by the Oregon Health Authority (OHA) 18.116.330. Marijuana .Production, Processing, and Retailing A. Applicability, Section 18,116.331) applies to: 1. Marijuana Production in the MU and RI zones. 2. Marijuana Processing in the EFL, TeC, TeCR, TuC, Tul, RI, and SUBP zones 3. Marijuana Retailing in the RSC, TeC, TeCR, TuC, Tul, RC, RI, SUC, SUTC, and SUBP zones. 4. Marijuana. Wholesaling in the RSC, TeC, TeCR,'FuC, RC, SUC, and SUBP zones. RESPONSE: No Change B. Marijuana production and marijuana processing. Marijuana production and marijuana processing shall be subject to the following standards and criteria: 1. Minimum Lot Arca. Page 1 of 11 - EXHIBIT C TO ORDINANCE NO. 2018-012 PENDING CURRENT CODE — SUBJECT TO CHANGE RESPONSE: No Change a. In the ETV zone, the subject legal lot of record shall have a minimum lot arca of five (5) acres. Indoor Production and Processing, 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. RESPONSE: The processing building size has been reduced from the original approved size of 1200 sq. ft. to 480 sq. ft. and is located on the same site. See attached site plan and floorplans of new building. 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: 2,50( 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 hamar), 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 toot 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,. c. Parcels equal to or greater than 60 acres in lot area: 40,000 square feet. RESPONSE: No Change 4. Limitation on License/Grow Site per Parcel. No more than one (I) Oregon Liquor Control Commission (OLCC) licensed marijuana production or Oregon Health Authority- (OHA) registered medical marijuana. grow site shall be allowed per legal parcel or lot, RESPONSE: No Change Setbacks. The following setbacks shall apply to all marijuana production and processing areas and buildings: a. Minimum Yard Setback/Distance from Lot Lines: 150 feet. b. Setback from an off-site dwelling: 400 feet. c. Setback from Federal public lands: 300 feet. d. For the purposes of this criterion, an off-site dwelling includes those proposed off-site dwellings with a building permit application submitted to Deschutes Country prior to submission of the marijuana production or processing application to Deschutes County. Exception: Any reduction to these setback requirements may be granted by the Planning Director or Hearings Body provided the applicant demonstrates the reduced Page 2 of 11 - EXHIBIT C TO ORDINANCE NO. 2018-012 PENDING CURRENT CODE — SUBJECT TO CHANGE setbacks afford equal or greater mitigation of visual, odor, noise, lighting, privacy, and access impacts. RESPONSE: Previously approved in Findings and Decision in File # 247 -17 -000742 -AD and 743 -SP 6. Separation Distances.,Minimum separation distances shall apply as -follows: a. The applicant property line shall be located a minimum of 1,320 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; M. A licensed child care writer 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 stmctures; iv. A youth activity center; v. State, local, and municipal parks, including land owned by a parks disnict; vi. Redmond Urban Reserve Area; vii. The boundary orally local jurisdiction that has opted out of Oreuen's recreational marijuana program; and viii. Any other lot or parcel approved by Deschutes County for marijuana production. b. For purposes of DCC 1.8.1 16.330(13)(6), all distances shall be measured from the lot line of the affected properties listed in DCC 18.1 16.330(13)(6)(a) to the closest point. of the applicant's property line of land occupied by the marijuana producer or marijuana processor. c. A change in u.sc of another property to those identified in DCC 18.116.330(B)(6) shall not result in the marijuana producer or marijuana processor being in violation of DCC 18. 116.330(f3)(6) if the use is: i. Pending a local land use decision; ii. Licensed or registered by the State of Oregon; or iii. Lawfully established. RESPONSE: Previously approved in Findings and Decision in File # 247 -17 -000742 -AD and 743 -SP 7. Access. Marijuana production sites shall comply with the following standards. a. Have frontage on and legal direct access front a constructed public, county. or state road; or h. 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 mynas 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 tbllowing information; Page 3 of 11 - EX. iBIT C TO ORDINANCE NO. 2018-012 PENDING CURRENT CODE -- SUBJECT TO CHANGE iii. Include a description of the proposed marijuana production or marijuana processing operation; and iv. Include a legal description of the private road or casement. RESPONSE: No Change 8. 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 sunset to sunrise. b. Lighting fixtures shall be hilly 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 Tight -emitting part. c. Light east by exterior light fixtures other than marijuana grow lights shall comply with DCC 15.10, Outdoor Lighting Control, RESPONSE: No Change 9. Odor. 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. As used in DCC 18.1 16.330(E3)(9), building means the building, including greenhouses, hoop houses, and other similar structures, used fbr marijuana production or marijuana. processing. Odor produced by marijuana production and processing shall comply with the following: a. Odor control plan. To ensure that. the standard stated in UCC 18.116.330(13)(9) is 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 mitigation systems; ii. A detailed analysis of the methodology, including verified operational effectiveness, that: will be relied upon to effectively control odor on Use subject property; 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 t:he responsible parties tasked with implementing each aspect, of the odor control plan. b. Modifications. Significant modifications to the odor control plan, including but not limited to replacement of one system for another or a change in odor control methodology shall be approved in the same manner as a modification to a land use action pursuant to DCC 22.36.040. c. The system shall at all times be maintained in working order and shall be in use. RESPONSE: Applicant will comply with these code provisions. See attached Mechanical Engineers Report from Colcbrcit Engineering. 10. Noise. Noise produced by marijuana production and marijuana processing shall comply with the following: Page 4 of 11 - EXHIBIT C TO ORDINANCE NO. 2018-012 PENDING CURRENT CODE — SUBJECT TO CHANGE a. Standard. To prevent unreasonable interference of neighbors' use and enjoyment of their property, sustained noise including ambient noise levels shall not be detectable beyond the applicant's property line above 45 dB(A.) in total between 10:00 pm and 7:00 am the following day. i. For purposes of DCC 18.1 16.330(B)(10), "sustained noise" shall mean noise lasting more than five continuous minutes or five total minutes in a one hour period from mechanical equipment used for heating, ventilation, air condition, odor control, Buis and similar fiunctions 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 Slate of Oregon that includes the following: i. `tire mechanical engineer's qualifications and experience with system design and operational audit of effective noise control and mitigation systems; ii. A detailed analysis oldie 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 tails or is not followed, or if it is otherwise shown that the standard stated in DCC 18.116,330(13)(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. c. Modifications. Significant modifications to the noise control plan, including but not limited to replacement. of one system for another or a change in noise control methodology shall he approved in the same manner as a modification to a land use action pursuant to DCC 22.36.04(.). RESPONSE: Applicant will comply with these provisions. See attached report from Mechanical Engineers report from Colebreit Engineers. 11. 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. All marijuana uses, buildings, stnicturcs, fences, and storage aid parking areas, whether a building permit is required or not, in the Landscape Management Combining Zone, shall comply with and require DCC 18.84, Landscape Management Combining Zone approval. b. Fencing and screening 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 UCC:' 18.88, Wildlife Area Combining Zone, ifapplicablc. 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 aid 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. Page 5 of 11 - EMI C'i'() ORDINANCE NO. 2018-012 PENDING CURRENT CODE — SUBJECT TO CHANGE RESPONSE: Previously approved in Findings and Decision in File t# 247 -17 -000742 -AD and 743 -SP 12. Water. Applicant shall state the anticipated amount of water to be used, as stated on the water right, certificate, permit, or other water use authorization, 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. An Oregon Water Resources Department (OVdRD) Certificate(s), permit, or other water use authorization proving necessary water supply of proper classification will be available for intended use during required seasons, regardless of source; or b. A source water provider Will Serve statement referencing valid Water Right to be utilized, if any, as well as a Will Haul statement, including the name and contact infonnation of the water hauler; or c. In the alternative to (a) and (b) above, proof from Oregon Water Resources Department that the water supply to be used does not: require a Water Right for the specific application use classification, volunmc, and season ofusc (i.e., roof -collected water). d. If the applicant is proposing; a year-round production facility, the water right, certificate, permit, or other water use authorization must address all permitted sources of water for when surface water is unavailable. e. In thc event that the water source for the facility changes from the use of an OWRD certificate, pennit, or other water use authorization to the use of a water hauler, or from thc use of a water hauler to another source, a modification to a land use action pursuant to DCC 22.36.040 is required. RESPONSE: Previously approved in Findings and Decision in File Ii 247 -17 -Q00742 -AD and 743 -SP 13. Fire protection for processing of cannabinoid extracts. Processing of cannabinoid extracts shall only be pcnu Med on properties located within the boundaries of or under contract with a fire protection district.. RESPONSE: No Change 14. Utility Verification. Utility statements identifying the proposed operation, or operational characteristics such as required electrical load and timing of such electrical Toads and a 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 that it has reviewed the new service or additional load request and determined if existing capacity can serve the load or if a system upgrade is required. Any new service request or additional load request requiring an upgrade shall be performed per the serving utility's stated policy. RESPONSE: No Change 15. 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 MCC or the OH A. RESPONSE: No Change Page 6 of 11 - EXHIBIT C TO ORDINANCE NO. 2018-012 PENDING CURRENT CODE — SUBJECT TO CHANGE 16. 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 ODA Person Responsible for the Grow Site (PRMG). b. Wastewater generated during marijuana production and/or processing shall he disposed of in compliance with applicable federal, state, and local laws and regulations. RESPONSE: No Change 17. Nonconfonnance. All medical marijuana grow sites lawfully established prior to June 8, 2016 by the Oregon Health Authority shall comply with Ordinance 2016-015 and the provisions of DCC 18.1 16.330(13)(9) by September 8, 2016 and with the provisions of DCC 18.116.330(B)(10-12, 16, 17) by December 8, 2016. RESPONSE: No Change 18. 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 215283(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 arnarijuana crop; and iv. Agri -tourism and other commercial events and activities in conjunction with a marijuana crop. b. In the CFU 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 13reakfast. ix. Room and Board Arrangements. RESPONSE: No Change 19. Compliance. a. Odor. On-going compliance with the odor control plan is mandatory and shall be ensured with a pemait condition of approval. The odor control plan does not supersede required compliance with the standard set forth in DCC 18.116,330(B)(9). If provided in applicable state statutes, private actions alleging nuisance or trespass associated with odor impacts are authorized. b. Noise. On-going compliance with the noise control plan is mandatory and shall he ensured with a permit condition of approval. The noise control plan does not supersede required compliance with the standard set forth in DCC 18.1 16.330(B)(10). If provided in applicable state statutes, private actions alleging nuisance or trespass associated with odor impacts are authorized. Page 7 of 11 - EXHIBIT C TO ORDINANCE NO. 2018-012 PENDING CURRENT CODE — SUBJECT TO CHANGE RESPONSE: Applicant agrees to on-going compliance with odor and noise provisions. 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 Tater 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 -thin window service. 4. Secure Waste Disposal. Marijuana waste shall be stored in a scarred waste receptacle in the possession of and under the control of the OLCC licensee or 011A registrant. Minors. No person under the age of 21 shall be pemritted 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 appurtemmt 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 appurt:cna t thereto and any property used by the child care center or preschool. 'Ibis 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 011. b. For purposes of' DCC 18.116,330(C)(7), distance shall be ]treasured 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 18.1 16.330(C)(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 nmarijuana retailer. c A change in use to another property to a use identified in DCC; 18.1 16.330(C)(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(C)(7). RESPONSE: Applicant is not engaged in Retailing or Sales. 1). Inspections and Annual Reporting. I. An annual report shall be submitted to the Commwmity 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: Page 8 of 1 1 - EXHIBIT C TO ORDINANCE NO. 2018-012 PENDING CURRENT CODE — SUBJECT TO CHANGE a. Documentation demonstrating compliance with thc: i. Land use decision and permits. ii. Fire, health, safety, waste water, and building codes and laws. State of Oregon Licensing requirements. b. An optional statement of annual water use. c, Other information as may be reasonably required by the Planning Director to ensure compliance with Deschutes County Code, applicable State regulations, and to protect the public health, safety, and welfare. d. As a condition of approval, the applicant must consent in writing to allow Deschutes County to, randomly and without prior notice, inspect the premises and ascertain the extent and effectiveness of the odor control system(s), compliance with the Deschutes County Code, and applicable conditions of approval. Inspections may be conducted by the County up to three (3) times per calendar year, including one inspection prior to the initiation of use. e. Conditions of Approval Agreement to be established and maintained by the C'onummity Development Department. f. Documentation that System Development Charges have been paid. g. This information shall be public record subject to ORS 192.502(17). h. Failure to timely submit the annual report, fee, and Consent to Inspect Premises form or to demonstrate compliance with DCC 18.1 1 6.330(D)(1)(a) shall serve as acknowledgement by the real property owner and licensee that the otherwise allowed use is not in compliance with Deschutes County Code; authorizes permit revocation under DCC Title 22, and may be relied upon by the State of Oregon to deny new or license renewal(s) for the subject use. (Ord. 2018-012 §3, 2018; Ord. 2016-015 § 10, 2016) RESPONSE: Previously approved in Findings and Decision in File if 247 -17 -000742 -Ai) and 743 -SP 18.116.340. Marijuana Production Registered by the Oregon Health Authority (OHA) A. Applicability. Section 18.116.340 applies to: I . All marijuana production registered by OHA prior to June 1, 2016; and 2. All marijuana production registered by O1IA on or after June 1 2016 until the effective date of Ordinances 2016-015, 2016-16, 2016-17, and 2016-18, at. which time Ordinances 20 16- 015 through Ordinance 2016-018 shall apply. 13. All marijuana production registered by ORA prior to June 1, 2016 shall comply with the following standards by September 15, 2016: I. 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 sunset to sunrise. 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 east by exterior light fixtures other than marijuana grow lights shall comply with DCC 15.10, Outdoor Lighting Control. C. All marijuana production registered by OI -IA prior to June 1, 2016 shall comply with the following standards by December 15, 2016: I . Odor, -As used in DCC 18.116.340(C), building means the building, including greenhouses, hoop houses, and other similar structures, used for marijuana production or marijuana processing. Page 9 of 11 - I1XJ-fIBIT C TO ORDINANCE NO. 2018-012 PENDING CURRENT CODE — SUBJECT TO CHANGE 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 nuisnice 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. Tire fan(s) shall be sized tier 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. 'IIIc system shall be maintained in working order and shall be in use. 2. Noise. Noise produced by marijuana. production :rid marijuana processing shall comply with the following: a. Sustained noise from mechanical equipment used for heating, ventilation, air condition, odor control, fans quid 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 liom marijuana production is not subject to the Right to Farm protections in DCC 9.12 and ORS 30.395. Intennittent noise for accepted fanning 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 m a nutted earth tone that blends with thc surrounding natural landscape and shall not be constn►cted'oftemporary 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 netted 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 mainten,uiee 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. ?. 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. Pare 10 of 11 - EXHIBIT C TO ORDINANCE NO. 2018-012 PENDING CURRENT CODE — SUBJECT TO CHANGE 6. Secure Waste Disposal. Marijuana waste shall be stored in a secured waste receptacle in thc possession of mid under the control of the OLCC licensee or 01-1A Person Responsible for the Grow Site (PRMG). 7, Inspections and Annual Reporting. All marijuana production registered by OHA prior to June 1, 2016 shall comply with DCC 18.116.340(D)(8) when site locations are identified or otherwise disclosed by the State of Oregon. D. All new marijuana production registered by OHA on or after June 1, 2016 shall comply with DCC 18.1 16.330(A, B, and D). (Ord. 2018-012 §3, 2018; Ord. 2016-019 §1, 2016) RESPONSE: Applicant is not engaged in Medical Marijuana production. Page 1.1 of 11 - EXHIBIT C TO ORDIN.ANCE NO. 2018-012 APPLICANT: .1 Pat Horton 915 SW Rimrock Way Suite 201-186 Redmond, OR. 97756 OWNERS: REQU EST: Elite Soil 62870 'Johnson Ranch Rd Bend, OR, 97701 The Applicant is seeking a modification of the Findings and Decision of File Number 247 -17 -000742 -AD and 743 -SP submitted on Sept. 5, 2017. This modification is based on a reduction of size of the processing building from the original approved size of 2100 sq. ft. to a new sized building of 480 sq. ft. on the same site location as the previous approved building. Applicant also requests a modification of the odor control system and noise control. All other submitted responses in the original Site Plan Review Application on Sept.5, 2017 are the same and will be reflected in the RESPONSE as "No Change" or modified accordingly. Chapter 18.116. SUPPLEMENTARY PROVISIONS 18.116.330. Marijuana Production, Processing, and Retailing A. Applicability. Section 18.116.330 applies to: 1. Marijuana. Production in the EFU, MUA-10, and RI zones. 2, Marijuana Processing in the EFU, MUA-10, TeC, TeCR, TuC, Tuf, RI, and SUBP zones 3. Marijuana Retailing in the RSC, TeC, TeCR, TuC, Tul, RC, RI, SUC, SUTC, and SUBP zones. 4. Marijuana Wholesaling in the RSC, TeC, TeCR, TuC, RC, SUC, and SUBP zones. RESPONSE: No Change 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 and MUA-10 zones, the subject legal lot of record shall have a minimum lot area of five (5) acres. RESPONSE: No Change 2. Indoor Production and Processing. a. In the MUA-10 zone, marijuana production and processing shall be located entirely within one or more fully enclosed buildings \vith conventional or post framed opaque, rigid walls and roof covering. Use of greenhouses, hoop houses, and similar non -rigid structures is prohibited. (21111)ter I g I 16 (2/2(117) b. In the EFU zone, marijuana production and processing shall only be located m buildings, including greenhouses, hoop houses, and similar structures. c. In all zones, marijuana production and processing are prohibited in any outdoor area. RESPONSE: The building size has been reduced from 12.00 sq. ft. to 480 sq. ft.. and located on the same site. See attached site plan and floorplans anew building. 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 he 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 arca 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 arca: 20,000 square feet. e. Parcels equal to or greater than 60 acres in lot arca: 40,000 square feet. RESPONSE: No Change 4. Maximum Building Floor Area. In the MUA-10 zone, the maximum building floor area used for all activities associated with marijuana production and processing on the subject property shall be: 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: 5,000 square feet. REPONSE: The processing building is 480 sq. ft. 5. 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) registered medical marijuana grow site shall he allowed per legal parcel or lot, RESPONSE: No change 6. Setbacks. 'The following setbacks shall apply to all marijuana production and processing areas and buildings: a. Minimum Yard Setback/Distance from Lot Lines: 100 feet. b. Setback from an off-site dwelling: 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 Chapter 18.116 (2/2017) County prior to submission of the marijuana production or processing application to Deschutes County. c. Exception: Any reduction to these setback requirements may be granted by the Planning Director or Hearings Body provided the applicant demonstrates the reduced setbacks afford equal or greater mitigation of visual, odor, noise, lighting, privacy, and access impacts. RESPONSE: No Change 7, Separation Distances. Minimum separation distances shall apply as follows: a. The use shall be located a minimum of 1000 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 elementaiy 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. b. For purposes of DCC 18.116.330(B)(7), all distances shall be measured from the lot line of the affected properties listed in DCC 18.1 16.330(B)(7)(a) to the closest point of the buildings and land area occupied by the marijuanaproducer or marijuana processor. c. A change in use of another property to those identified in DCC 18.116.330(B)(7) shall not result in the marijuana producer or marijuana processor being in violation of DCC 18.116,330(B)(7) if the use is: i. Pending a local land use decision; ii. Licensed or registered by the State of Oregon; or iii. Lawfully established. RESPONSE: No Change 8. Access. Marijuana production over 5,000 square feet of canopy area for mature marijuana plants shall comply with the Wowing standards. a. Have frontage on and legal direct access from a constricted public, county, or state road; or b. Have access from a private road or easement serving only the subject property. c. lithe property takes access via a private road or easement which also serves other properties, the applicant shall obtain written consent to utilize the easement or private road for marijuana production access from all owners who have access rights to the private road or easement. The written consent shall: i. Be on a form provided by the County and shall contain the following information; Chapter 15 1 16 (2/201 7) 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. v. RESPONSE: No Change 9, Lighting. Lighting shall be regulated as follows: a. Inside building lighting, including greenhouses, hoop houses, and similar structures, used for marijuana production shall not be visible outside the building from 7:00 p.m. to 7:00 a.m. on the following day. b. Lighting fixtures shall be fully shielded in such a manner that all light emitted directly by the lamp or a diffusing element, or indirectly by reflection or refraction, is projected below the horizontal plane through the lowest. light - emitting part. c. Light cast by exterior light fixtures other than marijuana grow lights shall comply with DCC 15.10, Outdoor Lighting Control. RESPONSE: No Change 10. Odor. As used in DCC 18.1 I 6.330(B)(10), 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. d. The system shall he maintained in working order and shall he in use. RESPONSE: Applicant will comply with these provisions. See attached report from Colebreit Engineers. 11. Noise. Noise produced by marijuana production and marijuana processing shall comply with the. following: Chapter 18.11(> (2/2017) a. Sustained noise from mechanical equipment used for heating, ventilation, air condition, odor control, fans arid similar functions shall not exceed 30 d13(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 exempt from protections of DCC 9.12 and ORS 30.395, Right to Farm. Intermittent noise for accepted farming practices is permitted. RESPONSE: Applicant will comply with these provisions. See attached report from Colebriet Engineers. 12. 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 hales, tarps, etc., and shall be subject to DCC 18.88, Wildlife Area Combining Zone, if applicable. c. Razor wire, or similar, shall he 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. RESPONSE: No Change 13. 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. RESPONSE: No Change 14. Fire protection for processing of cannabinoid extracts. Processing of cannabinoid extracts shall only he permitted on properties located within the boundaries of or under contract with a fire protection district. RESPONSE: No Change (Thapter 18.1 16 (2/2017) 15. Utility Verification. A 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. RESPONSE: No Change 16. 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 ORA. RESPONSE: No Change 17. 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). RESPONSE: No Change 18. Residency. In the MUA-10 zone, a minimum of one.of the following shall reside in a dwelling unit on the subject property: a. An owner of the subject property; b. A holder of an OLCC license for marijuana production, provided that the license applies to the subject property; or c. A person registered with the OMA as a person designated to produce marijuana by a registry identification cardholder, provided that the registration applies to the subject property. RESPONSE: No Change 19. Nonconformance. All medical marijuana grow sites lawfully established prior to June 8, 2016 by the Oregon Health Authority shall comply with the provisions of DCC 18.116.330(B)(9) by September 8, 2016 and with the provisions of DCC 18.1.16.330(8)0 O-12, 16, 17) by December 8, 2016. RESPONSE: No Change 20. 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 2.15.213(I.)(r) or 215.283(1)(o), used in conjunction with a marijuana erop; 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. h. In the MA- I 0 Zone, the following uses are prohibited: Chapter 18.116 (2/2017) i. Commercial activities in conjunction with farm use when carried on in conjunction with a marijuana. crop. c. In the EFU, MUA-10, quid 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. RESPONSE: No Change 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 ()land under the control of the OI..,CC licensee or OIIA 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 he 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; Chapter 15.1 1.6 (2/2017) 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(B)(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(13)(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(13)(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(B)(7). RESPONSE: No Change D. Annual Reporting 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. Failure to timely submit the annual report, fee, and Consent to Inspect Premises form or to demonstrate compliance with DCC 18.11 6.330(C)(1)(a) shall serve as acknowledgement by the real property owner and licensee that the otherwise allowed use is not in compliance with Deschutes County Code; authorizes permit revocation under DCC Title 22, and may be relied upon by the State of Oregon to deny new or license renewal(s) for the subject use. c. Other information as may be reasonably required by the Planning Director to ensure compliance with Deschutes County Code, applicable State regulations, and to protect the public health, safety, and welfare. d. Marijuana Control Plan to be established and maintained by the Community Development Department. e. Conditions of Approval Agreement to be established and maintained by the Community Development Department. fi This information shall be public record subject to ORS 192.502(17). (Ord. 2016-015 §10, 2016) RESPONSE: No Change 18.116.340. Marijuana Production Registered by the Oregon Health Authority (01-1A) Ckiptcr 15.11( (2/2017) RESPONSE: Applicant is not registered by the Oregon Health Authority for Marijuana. Production 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 1 2016 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: e. Inside building lighting, including greenhouses, hoop houses, and similar structures, used for marijuana production shall not be visible outside the building from 7:00 p.m. to 7:00 a.m. on the following day. £ 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. g. Light cast by exterior light fixtures other than marijuana grow lights shall comply with DCC 1.5.10, 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 18.116.330(B)(10), 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 filler(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 Chapter 18.116 (2/2017) 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: e. Subject to DCC 18.84, .Landscape Management Combining Zone approval, if applicable. 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. g. Razor wire, or similar, shall be obscured from view or colored a muted earth tone that blends with the surrounding natural landscape. h. The existing tree and shrub cover screening the development from the public right -or -way or adjacent properties shall be retained to the maximum extent possible. This provision does not prohibit maintenance of existing lawns, removal of dead, diseased or hazardous vegetation; the commercial harvest of forest products in accordance with the Oregon Forest Practices Act; or agricultural use of the land. 4. Water. The applicant shall provide: d. A copy of a water tight permit, certificate, or other water use authorization from the Oregon Water Resource Department; or e. 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 f. Proof from the Oregon Water Resources Department that the water to he used is from a source that does not require a water right. 5. Security Cameras. 11 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). D. All new marijuana production registered by OHA on or after June 1, 2016 shall comply DCC 18.1 16.340(A -C) and the following standards: 1. Shall only be located in the following zones a. EFU; b. MUA-I0; or c. Rural Industrial in the vicinity of Deschutes Junction. 2. Minimum Lot Area. b. In the EFU and MIJA-1 0 zones, the subject property shall have a minimum lot area of five (5) acres. 3. Maximum Building Floor Area. In the MUA-10 zone, the maximum building floor Chapter 18.1 16 (2/2017) area used for all activities associated with medical marijuana production on the subject property shall be: a. Parcels from 5 acres to less than 10 acres in area: 2,500 square feet. b. Parcels equal to or greater than 10 acres: 5,000 square feet. 4., Setbacks. The following setbacks shall apply to all marijuana production areas and buildings: d. Minimum Yard Setback/Distance from Lot Lines: 100 feet. c. Setback from an off-site dwelling: 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. c. Exception: Reductions to these setback requirements may be granted at the discretion of the Planning Director or Hearings Body provided the applicant deinonstrates that the reduced set -backs afford equal or greater mitigation of visual, odor, noise, lighting, privacy, and access impacts. 5, Indoor Production and Processing. d. In the NTUA-1.0 zone, marijuana production shall be located entirely within one or more fully enclosed buildings with conventional or post framed opaque, rigid walls and roof covering. Use of greenhouses, hoop houses, and similar non -rigid structures is prohibited. c. In the EFU zone, marijuana production shall only be located in buildings, including greenhouses, hoop houses, and similar structures. f. In all zones, marijuana production is prohibited in any outdoor area. 6. Maximum Mature Plant Canopy Size. In the EFU zone, the maximum canopy area for mature marijuana plants shall apply as follows: f Parcels from 5 acres to less than 10 acres in lot area: 2,500 square feet. g. Parcels equal to or greater than 10 acres to less than 20 acres in lot area: 5,000 square feet. The maxitmun canopy, arca 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 2015; and u. "Ilte 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. h. Parcels equal to or greater than 20 acres to less than 40 acres in lot area: 10,000 square feet. i. Parcels equal to or greater than 40 acres to less than 60 acres in lot area: 20,000 square feet.. j. Parcels equal to or greater than 60 acres in lot area: 40,000 square tect. 7. Separation Distances. Minimum separation distances shall apply as follows: a. The use shall he located a minimum of 1000 feet from: i. A public elemental)/ 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 Chapter 18.116 (2/2017) 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. b. For purposes of DCC 18,116.330r), ali distances shall be measured from the lot line of the affected properties listed in DCC 18.11.6.330(B)(7)(a) to the closest point of the buildings and land area occupied by the marijuana producer or marijuanaprocessor. c. A change in use of another property to those identified in DCC 18.116.330)(7) shall not result in the marijuana producer or marijuana processor being in violation of DCC 18.116.330)(7) if the use is:. iv. Pending a local land use decision; v. Registered by the State of Oregon; or vi. Lawfully established. 8, Access. Marijuana production over 5,000 square feet of canopy area for mature marijuana plants shall comply with the following standards. d. Have frontage on and legal direct access from a constructed public, county, or state road; or e. Have access from a private road or easement serving only the subject property. f. lf the property takes access via a private road or easement which also serves other properties, the applicant shall obtain written consent to utilize the casement or private road for marijuana production access from all owners who have access rights to the private road or easement. The written consent shall: vi. Be on a form provided by the County and shall contain the following information; vii. Include notarized signatures of all owners, persons and properties holding a recorded interest in the private road or easement; viii. Include a description of the proposed marijuana production or marijuana processing operation; and ix. Include a legal description of the private road or casement. 9. Residency. In the ML/A-1.0 zone, a minimum done of the following shall reside in a dwelling unit on the subject property: a. An owner olthe subject property; or b. A person registered with the OHA as a person designated to produce marijuana by a registry identification cardholder, provided that the registration applies to the subject property. 10. Annual Reporting. 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: iv. Land use decision and permits. v. Fire, health, safety, waste water, and building codes and laws. vi. State of Oregon licensing requirements. b. Failure to timely submit- the annual report, fee, and Consent to Inspect Premises form or to demonstrate compliance with DCC 18.116.330(C)(1)(a) shall serve as acknowledgement by the real property owner and licensee that the otherwise Chapter 18.116 (2/20 1 7) allowed use is not in compliance with Deschutes County Code; authorizes permit revocation under DCC Title 22, and may be relied upon by the State of Oregon to deny new or license renewal(s) for the subject use. c. Other information as may be reasonably required by the Planning Director to ensure compliance with Deschutes County Code, applicable State regulations, and to protect the public health, safety, and welfare. d. Marijuana Control Plan to he established and maintained by the Community Development Department. e. Conditions of Approval Agreement to be established and maintained by the Community Development Department. f This information shall be public record subject to-ORS 192.502(17). 11 .Prohibited Uses. a. • In the EFU zone, the following uses are prohibited: v, A new dwelling used in conjunction with a marijuaria crop; vi, A farm stand, as described in ORS 215.213(1)(r) or 215.283(1)(o), used in conjunction with a marijuana crop; vii. A commercial activity, as described in ORS 215.213(2)(c) or 215.283(2)(a), carried on in conjunction a marijuana crop; and and other commercial events and activities in conjunction with a marijuana crop. b. In the MtJA-10 Zone, the following uses are prohibited: i. Commercial activities in conjunction with farm use when carried on in conjunction with a marijuana crop. c. in the EFU, IVILJA-10, 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. (Ord. 20 I 6-019 §1, 2016) Chaptcr 15.116 (2(2017)