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2021-46-Minutes for Meeting January 27,2021 Recorded 2/16/2021
Q ES BOARD OF COMMISSIONERS 1300 NW Wall Street, Bend, Oregon (541) 388-6570 TI Recorded in Deschutes County CJ2021-46 Nancy Blankenship; County Clerk Commissioners' Journal 02/16/2021 4:11:52 PM _ 96, TES I2Ioj.jj6111 IIIIiIIIIIIII 111 1111 FOR RECORDING STAMP ONLY 10:00 AM Wsday, January 27, 2021 BARNES & SAWYER ROOMS VIRTUAL MEETING PLATFORM Present were Commissioners Patti Adair, Anthony DeBone, and Phil Chang. Also present were Tom Anderson, County Administrator; David Doyle (Via Zoom), County Counsel; and Samantha Pepper, BOCC Administrative Assistant (Via Zoom). Attendance was limited due to Governor's Virus Orders. This meeting was audio and video recorded and can be accessed at the Deschutes County Meeting Portal website http://deschutescountyor.igm2.com/Citizens/Default.aspx CALL TO ORDER: Chair DeBone called the meeting to order at 10:00 a.m. PLEDGE OF ALLEGIANCE: CITIZEN INPUT: Patrick MacCrone, a local restaurant owner, voices his concerns for the state COVID mandates on local businesses. CONSENT AGENDA: Before the Board was Consideration of Approval of the Consent Agenda. ADAIR: Move approval of Consent Agenda CHANG: Second BOCC MEETING JANUARY 27, 2021 PAGE 1 OF 8 VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 1. Approval of Minutes of the January 13 2021 BOCC Meeting ACTION ITEMS: 2. COVID19 Update County Public Health Director Nahad Sadr- Azodi and County Health Director Dr. George Conway update Commissioners on the COVID19 virus. Presentation is attached to the record. Commissioner Adair asked how many people tested positive at the testing event at the fairgrounds a few weeks ago. About 6% of persons tested were positive. This was a no barrier testing opportunity meaning that a person did not have to be systematic. As of two days ago, 12, 684 people have been vaccinated. Commissioner Adair asked if people from other counties are being vaccinated here. Dr. Conway mentions that due to OHA rules, folks from outside the area can in fact receive vaccinations in Deschutes County. Vaccine throughput is high and getting people vaccinated is top priority. He mentions that 7 local long term care facilities are yet to be vaccinated but are working on getting scheduled. The goal is to vaccinate 70% of the community. Mr, Sadr- Azodi mentions the Community Coalitions work helping educate the community when the vaccine rollout to the general public happens. 3. CARES Act Funding Update County Treasurer and Chief Financial Officer Greg Munn briefly mentions that revenues to expenses related to the Cares Funding is relatively small. County Finance is working to find other funding sources at the State level. A small business fund loan was repaid back to COIC. Greg asked what the Board would like to do. Commissioner Chang mentions to use those funds to a future pool of the similar loan program. Commissioner Adair asked what BOCC MEETING JANUARY 27, 2021 PAGE 2 OF 8 the EDCO fund balance is right now. Administrator Anderson mentioned that the fund is about $150,000. 4. Consideration of Board Signature of Order No. 2021- 003, Establishing Franchised Solid Waste Collection Rates County Solid Waste Director Timm Schimke explains the franchise solid waste collection rate increase request. The request is from several local garbage collection businesses. ADAIR: Move approval of Board Signature of Order No. 2021-003. CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 5. Public Safety Campus Master Plan Progress Update County Facilities Director Lee Randall explains the Public Safety Campus Master Plan and updates. The presentation is attached to the record. Commissioner Adair asked if the P&P project has been reviewed by the County Project Review Committee. Commissioner DeBone asked what parking B was to accommodate. Mr. Randall explains that Parking B would be part of the community service shop. Captain Michael Shults mentions the need for expansion at the jail. The Board supports preceding with the Community Service Shop and Parking B project. LUNCH RECESS: At the time of 12:11 p.m., the Board went into lunch recess and reconvened the meeting at 1:30 p.m. CONVENE AS THE GOVERNING BODY OF THE DESCHUTES COUNTY 911 SERVICE DISTRICT BOCC MEETING JANUARY 27, 2021 PAGE 3 OF 8 6. Consideration of Chair Signature of Document No. 2021-018, Radio Communications Systems Equipment by L3Harris Technologies Inc. 9-1-1 Service District Director Sara Crosswhite briefed the Board on upgrade of the P25 Communication System Equipment. Commissioner Chang asked what the difference is between the different radio systems. Commissioner Adair asked what the call volume was 2019 compared to 2020. ADAIR: Move approval of Chair Signature of Document No. 2021-018. CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 7. Consideration of Board Approval for Deschutes County 9-1-1 Staff Signature of Document No. 2021-104, MOU for State Master Switches Update 9-1-1 Service District Director Sara Crosswhite explained the Master Switches MOU. This MOU is a partnership with the state- ODOT and OSP. This MOU is a placeholder until the Master Agreement is significantly revised. ADAIR: Move approval of Staff Signature of Document No. 2021-104. CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried RECONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY 8. SECOND READING: Consideration of Board Signature of Ordinance No. 2021- 002- Plan Amendment and Zone Change from Agriculture/ Exclusive Farm Use to Rural Industrial (Aceti) BOCC MEETING JANUARY 27, 2021 PAGE 4 OF 8 County Associate Planner Matthew Martin notes corrected errors in Exhibit E from the first reading to the second reading. ADAIR: Move approval of Second Reading of Ordinance No. 2021-002 by title only. DEBONE: Second VOTE: ADAIR: Yes CHANG: Abstain DEBONE: Chair votes yes. Motion Carried ADAIR: Move adoption of Ordinance No. 2021-002. DEBONE: Second VOTE: ADAIR: Yes CHANG: Abstain DEBONE: Chair votes yes. Motion Carried 9. Preparation for Public Hearing: Hwy 97 campground Conditional Use and Site Plan Review Appeal County Associate Planner Cynthia Smidt briefs Commissioners on the Hwy 97 Campground Conditional Use and Site Plan Review which is set for a Public Hearing next week. Commissioners are supportive of time blocks for speakers during the public hearing. 10.Marijuana Licensee Status Update County Senior Planner Tanya Saltzman updates the Board on all aspects of Marijuana planning in Deschutes County. There are 32 production and 6 processing sites in the county. Commissioner Chang asked when the 2 year time clock starts for pending applications. There have been two citizen initiated text amendments proposed. The first request is to remove the annual reporting and inspecting process. The second request was to increase retail business hours to those operating in rural Deschutes County. There is one staff initiated text amendment recommendation regarding the BOCC MEETING JANUARY 27, 2021 PAGE 5 OF 8 Marijuana Opt out and the carrying over of permits including the land use approval and approved OLCC licenses. It is unknown how the county and state will work together in the future to resolve this issue. Commissioners directed staff to proceed working on draft text amendments. 11.Code Enforcement Overview, Draft Update & Schedule County Community Development Director Nick Lelack introduces Community Development staff Angie Havniear, John Griley and Dan Smith. Mr. Griley explains the Code Enforcement Overview. The presentation is included in the record. Mr. Griley notes the key issues in code enforcement: Increased case volume, Increasing number of contested cases, Housing Affordability and Increasing relevance of respondent limitations and COVID. Commissioner Chang asks if the housing affordability is contributing to RV occupancy. Mr. Smith states that RV Occupancy resulted in 23% of Code Enforcement complaints in 2020. Commissioner Chang mentions that there is suspicions that there are illegal marijuana grows in the county. Mr. Smith states that there were 7 cases in 2019 and 4 in 2020 reported to CDD. Discussion will follow to a future meeting. RECESS: At the time of 3:44 p.m., the Board went into recess and reconvened the meeting at 3:48 p.m. 12.FY21 Q3 Discretionary Grant Review County Communication Director Whitney Hale explains the county's discretionary grant program. Commissioner Chang has a slightly smaller allocation pool left over from the previous Commissioner seat. Ms. Hale asked the Board how they would like to fund the 2nd payment to Treehouse Therapies. Commissioner Adair agreed to $500, Commissioner DeBone $500 and Chang $416.90. Commissioners allocate the following amounts: Bicycle Resources of Bend- Commissioner DeBone $500 Commissioner Chang $750 and Commissioner Adair $500. BOCC MEETING JANUARY 27, 2021 PAGE 6 OF 8 Council on Aging- Commissioner DeBone $0, Commissioner Chang $500 and Commissioner Adair $0. Destination Rehab- Commissioner DeBone $0, Commissioner Chang $0 and Commissioner Adair $0. Fences for Fido- Commissioner DeBone $500, Commissioner Chang $0 and Commissioner Adair $0. Furnish Hope- Commissioner DeBone $500, Commissioner Chang $750 and Commissioner Adair $500. La Pine Community Kitchen- Commissioner DeBone $1000, Commissioner Chang $1000 and Commissioner Adair $500. Sunriver Stars- Commissioner DeBone $300, Commissioner Chang $0 and Commissioner Adair $250. The Shield- Commissioner DeBone $0, Commissioner Chang $0 and Commissioner Adair $500. Boys and Girls Club- Commissioner DeBone $350, Commissioner Chang $500 and Commissioner Adair $350. Hunger Prevention Coalition- Commissioner DeBone $350, Commissioner Chang $0 and Commissioner Adair $350. From fundraising account: Sunriver Women's Club- Commissioners agree to allocate $2,000. RECESS: At the time of 4:25 p.m., the Board went into recess and reconvened the meeting at 4:29 p.m. EXECUTIVE SESSION: At the time of 4:30 p.m., the Board went into Executive Session under ORS 192.660 (2) (h) Litigation. The Board came out of Executive Session at 5:07 p.m. Staff to proceed as discussed. At the time of 5:07 p.m., the Board went into Executive Session under ORS 192.660 (2) (e) Property Negotiations. The Board came out of Executive Session at 5:25 p.m. Staff to proceed as discussed. BOCC MEETING JANUARY 27, 2021 PAGE 7 OF 8 ADJOURN Being no further items to come before the Board, the meeting was adjourned at 5: 27 p.m. DATED this Day of Commissioners. TTES RECORDING S TARY 2021 for the Deschutes County Board of ANTHONY DEBONE, CHAIR PHIL CHANG, VICE CHAIR PATTI ADAIR, COMMISSIONER BOCC MEETING JANUARY 27, 2021 PAGE 8 OF 8 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 10:00 AM, WEDNESDAY, JANUARY 27, 2021 Barnes Sawyer Rooms - Deschutes Services Center - 1300 NW Wall Street - Bend This meeting is open to the public, usually streamed live online and video recorded. To watch it online, visit www.deschutes.org/meetings. 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. Item start times are estimated and subject to change without notice. CALL TO ORDER MEETING FORMAT In response to the COVID-19 public health emergency, Oregon Governor Kate Brown issued Executive Order 20-16 directing government entities to utilize virtual meetings whenever possible and to take necessary measures to facilitate public participation in these virtual meetings. Beginning on May 4, 2020, meetings and hearings of the Deschutes County Board of Commissioners will be conducted in a virtual format. Attendance/Participation options include: Live Stream Video: Members of the public may still view the BOCC meetings/hearings in real time via the Public Meeting Portal at www.deschutes.org/meetings. Citizen Input: Citizen Input is invited in order to provide the public with an opportunity to comment on any meeting topic that is not on the current agenda. Citizen Input is provided by submitting an email to: citizeninput@deschutes.org or by leaving a voice message at 541-385-1734. Citizen input received before the start of the meeting will be included in the meeting record. Zoom Meeting Information: Staff and citizens that are presenting agenda items to the Board for consideration or who are planning to testify in a scheduled public hearing may participate via Zoom meeting. The Zoom meeting id and password will be included in either the public hearing materials or through a meeting invite once your agenda item has been included on the agenda. Upon entering the Zoom meeting, you will automatically be placed on hold and in the waiting room. Once you are ready to Board of Commissioners BOCC Meeting Agenda of 4 Wednesday, January 27, 2021 Page 1 present your agenda item, you will be unmuted and placed in the spotlight for your presentation. If you are providing testimony during a hearing, you will be placed in the waiting room until the time of testimony, staff will announce your name and unmute your connection to be invited for testimony. Detailed instructions will be included in the public hearing materials and will be announced at the outset of the public hearing. PLEDGE OF ALLEGIANCE CITIZEN INPUT (for items not on this Agenda) [Note: Because COVID-19 restrictions may limit or preclude in person attendance, citizen input comments may be emailed to citizeninput@deschutes.org or you may leave a brief voicemail at 541.385.1734. To be timely, citizen input must be received by 9:OOam on the day of the meeting.] CONSENT AGENDA 1. Approval of Minutes of the January 13 2021 BOCC Meeting ACTION ITEMS 2. COVID19 Update 3. CARES Act Funding Update 4. Consideration of Board Signature of Order No. 2021-003, Establishing Franchised Solid Waste Collection Rates - Timm Schimke, Director of Solid Waste 5. Public Safety Campus Master Plan Progress Update - Lee Randall, Facilities Director LUNCH RECESS CONVENE AS THE GOVERNING BODY OF THE DESCHUTES COUNTY 911 SERVICE DISTRICT 6. Consideration of Chair Signature of Document No. 2021-018, Radio Communications Systems Equipment by L3Harris Technologies Inc. - Sara Crosswhite, 9-1-1 Operations Director Board of Commissioners BOCC Meeting Agenda Wednesday, January 27, 2021 of 4 Page 2 7. Consideration of Board Approval for Deschutes County 9-1-1 Staff Signature of Document No. 2021- 104, MOU for State Master Switches Update - Sara Crosswhite, 9-1-1 Operations Director RECONVENE AS THE GOVERNING BODY OF DESCHUTES COUNTY 8. SECOND READING: Consideration of Board Signature of Ordinance No. 2021-002 - Plan Amendment and Zone Change from Agriculture/Exclusive Farm Use to Rural Industrial (Aceti) - Matthew Martin, Associate Planner 9. Preparation for Public Hearing: Hwy 97 Campground Conditional Use and Site Plan Review Appeal - Cynthia Smidt, Associate Planner 10. Marijuana Licensee Status Update - Tanya Saltzman, Senior Planner 11. Code Enforcement Overview, Draft Update & Schedule - Nick Lelack, Community Development Director 12. FY21 Q3 Discretionary Grant Review - Whitney Hale, Communications Director OTHER ITEMS These can be any items not included on the agenda that the Commissioners wish to discuss as part of the meeting, pursuant to ORS 192.640. EXECUTIVE SESSION 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. Executive Session under ORS 192.660 (2) (e) Property Negotiations and ORS 192.660 (2) (h) Litigation ADJOURN Board of Commissioners BOCC Meeting Agenda Wednesday, January 27, 2021 of 4 Page 3 To watch this meeting on line, go to: www.deschutes.org/meetings Please note that the video will not show up until recording begins. You can also view past meetings on video by selecting the date shown on the website calendar. ir 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 (541) 617-4747. FUTURE MEETINGS: Additional meeting dates available at www.deschutes.org/meetingcalendar (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. 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CD o co fD Q prq' rn — 0 a _8 in rD r--rin O y• A fD o (D cr A — _. -0 o n o o : =. < D- CD D n Q -1 n_ C D CD fD _. fil r+ fD xx\j\.ES 0 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 Wednesday Meeting of January 27, 2021 DATE: January 21, 2021 FROM: Lee Randall, Facilities, 541-617-4711 TITLE OF AGENDA ITEM: Public Safety Campus Master Plan Progress Update RECOMMENDATION & ACTION REQUESTED: This is an opportunity to review progress to date on near -term projects at the Public Safety and discuss upcoming opportunities. BACKGROUND AND POLICY IMPLICATIONS: In 2017 the County undertook a master planning effort for the Public Safety Campus. This presentation and memo provide a progress update on projects completed to date and next steps.. FISCAL IMPLICATIONS: None at this time. ATTENDANCE: Lee Randall, Dan Hopper, Ken Hales, Tanner Wark, Mike Shults Date: To: From: Re: January 20, 2021—for January 27, 2021 BOCC Meeting Board of County Commissioners Lee Randall, Facilities Director Public Safety Campus Master Plan: Progress Update and Next Steps Master Plan Background and Development In November of 2017, work began on a master plan for the public safety campus, home to 9-1-1 Dispatch, Community Justice Department, Sheriffs Office, Health Services Department, and Oregon State Police. By that time, in relation to their particular mission and operations, each stakeholder had separately expressed the need for additional facility space for staff and operations. Additionally, support by the Board of County Commissioners for establishing a crisis stabilization center raised the need to evaluate the feasibility of establishing a new type of facility on the public safety campus. The central aims of the project were to create a long term plan that would utilize the remaining acreage in an efficient manner, and to address near -term space and operational needs. Through the winter and spring of 2018, the team met with stakeholders to identify individual and shared needs. The team prepared near, mid, and long-term options, and created draft site plans. In May of 2018, the Board received a progress update and on October 24, 2018 the Board approved the near -term option concepts which were presented as part of the plan. The Board directed the public safety campus near -term stakeholders (Sheriffs Office, Community Justice, Health Department, and Facilities Department) to further develop the following near -term components of the plan: • Adult Parole & Probation/Sheriffs Office Work Center: expand and remodel P & P offices and remodel the Work Center to improve efficiency and utilization of the 15t floor. • Community Service Shop: construct new shop and associated parking lot. • Stabilization Center: remodel the Programs Building and repurpose for crisis stabilization. • Parking Expansion: additional secure parking for the Sheriffs Office and for the Stabilization Center. Mid-term components of the plan which addressed other Sheriffs Office and Community Justice needs included the following: • Jail: additional space and capacity to meet increased booking, visitation, and housing needs. • Sheriffs Office Administrative Space: meet increased space needs for Administrative, Patrol, and Detective divisions. • Expanded space for Search and Rescue and Emergency Services. •__Lncreased space for vehicle evidence storage. 14 NW Kearney Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 ▪ (541) 330-4-686 Page 1 of 4 www.de;Chutes.org • Juvenile Detention: reconfiguration/remodel of former "Shelter Space" to better serve current operations. Identified long-term options included: • Construct a shared "CORE" building to include parking and multi -purpose occupied space. • Future Jail Expansion/Work Center. • Future combined Stabilization and Sobering Center. • Possible expansion of campus footprint for future needs. Progress and Milestones Since October of 2018, the Board has taken additional actions and several milestones have been met: • March 2019: design contract awarded to Pinnacle Architecture for the Stabilization Center. • June 2019: Board approved Findings of Fact for use of Construction Manager/General Contractor for Adult Parole & Probation expansion and remodel. • June 2019: Board approved design contract with Ascent/PIVOT Architecture team for $398,270 for design of the Adult P & P remodel and expansion utilizing a CM/GC procurement process for construction. • October 2019: Board approved contract with Kellcon Construction for Stabilization Center remodel. • December 2019: Board approved notice of intent to award CM/GC contract to Skanska USA Building for expansion of Adult Parole & Probation and the Work Center remodel. • December 2019: Stabilization Center construction began. • April 2020: Adult Parole & Probation expansion options presented to Board. Board directed further review of available options. • June 1, 2020: Deschutes County Stabilization Center soft opening. Grand opening on July 1. • Present: design is complete for the Community Service Shop and associated Parking "B" expansion. We are ready to solicit bids for construction. Funding —Campus Improvements Fund 463 In FY 2020, the Budget Committee approved $6,500,000 to be transferred from General County Reserve Fund 060 to Campus Improvements Fund 463 for projects that had been identified through the public safety campus master plan. For FY 2021, the Budget Committee approved appropriation within Fund 463, specifically allocated to the Community Service Shop and Parking "B" expansion. Additionally, funds were allocated through the FY 2021 budget process for the 1st year of a potential multi -year Adult Parole & Probation expansion. Next Steps There are specific opportunities for advancement and further development of projects identified to date in the master plan. In order to update the master plan, other interim tasks could include the review of the major agency operational functions on the public safety campus. Other near -term projects are already fully developed and ready to be undertaken. Page 2 of 4 Community Service Shop and Parking This project is "shovel -ready". Funding was approved by the Budget Committee and is allocated within Campus Improvements Fund 463 for FY 2021. Next steps include: • Solicit bids for construction • Proceed with construction with completion as early as late summer 2021 Page 3 of 4 Adult Parole & Probation Expansion With the CM/GC project delivery model having been approved by the Board, BLRB Architects, Skanska USA Building, and County staff developed two specific concepts. Option A consists of renovating existing space on the second floor of the Adult Parole & Probation building and adding 7,200 square feet over the existing Work Center. Option B consists of a two-story 8,150 square foot addition to the building. Those concepts were brought to the Board in April of 2020. Possible next steps could include: • Review of the expansion concepts by the Facility Projects Review Committee as directed by the Board. • Move forward with the design and permit process of one of the proposed expansion options. • Prepare a Guaranteed Maximum Price (GMP) for the option selected by the Board. Once construction documents are complete, finalize the GMP for contract amendment approval by the Board. Master Plan and Sheriffs Office Near -Term Needs • Update and revise the master plan in collaboration with consultant • Utilize staff and operational needs assessment provided by the Sheriff's Office to revise and update the master plan. • Establish Rough Order of Magnitude conceptual cost estimates for project development and planning purposes. Page 4 of 4 1 1 rs 1, c it rP 0 hams 'awl 0 MEM rip misim CTA -O 0 n M 0 n oq j tI Clt_O.= to e m (� r l ri • 0 'Cl ?-9 o E 019 Ov S 2 . D s u1 CI a' en I-. rii 2Or vi I. � O O ry SJ (D i O s cu ra Q. E V VY I aJ c o c w a' ' V _ c 03 au o O` i 7.5 ra c o 0 o w .> o > (13 a i in < w di v u > co a, c > til a- .E w ra"o tn c ac, - a) CC >+ c5 u ,_u =cc.)c >, o y ' RS a) a,.,' a ) Q� 0a,(S u CU u c QW— CC o v�FS .V E vas' au —1E u•uo u u 4- i c •i O a) ra o o VI c V) E*c r„' �� O _c 0. CU ra V� Vftfa _..� Oregon u EXISTING CONDITIONS CI 0- v) '13 D "ri (A %.0 C(1) 0 ° C C -C3 a) rD o rD LI Du rD rD < 0 = r) 0... v) LD = 0_ r-t 0 0_ rD < -41 ,P= 0.)DrDM ]?.).(utDO r-t MI e-t- rD = rD 0 rt v) a) R -IA R° --1 0_, ro (-.) rD n rD "171 (1) -0 m M 0 ri- 0 cu rD 2 0 a -.2. i r-i- D -0 C n ..„,‘, 0 r-+ -1-1 0 * 0_ a) co 5. 0 r-t VI' r-t- rt) 7, • :-..) cu '-' 1/1 tf) n D rD rn (J) apliod alES uo2a.io se3Imas; tpleaH a3nsrlf alnuaArif uopeciloid alond w b.O a, 175 .c c) E ra u c a� L. LLJ aJ-J i L H cu Q1 v) U v, E u o - m 0 LE N QJ C a) El.)) C N rD N > u o 4 7.) C v (DC to i- w� G. V-0 ®as> O°v;CU 0 v u rZ w aD!JJ.O 5,iivaLIS a mla Om CU c 0 u E a) ta a o J .13 C ga 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 Wednesday Meeting of January 27, 2021 DATE: January 20, 2021 FROM: Cynthia Smidt, Community Development, 541-317-3150 TITLE OF AGENDA ITEM: Preparation for Public Hearing: Hwy 97 Campground Conditional Use and Site Plan Review Appeal BACKGROUND AND POLICY IMPLICATIONS: Before the Board of County Commissioners is an appeal of the Hearings Officer's decision denying a conditional use and site plan review for a private campground proposed by property owner Shawn Kormondy. Mr. Kormondy filed a timely appeal of the Hearings Officer's decision. The Board accepted review of the Hearings Officer's decision on November 30, 2020 via Order No. 2020-014. The Board is conducting a work session on January 27, 2021 in preparation for a public hearing on February 3. See attached staff memorandum for further background information. FISCAL IMPLICATIONS: None ATTENDANCE: Cynthia Smidt, Associate Planner MEMORANDUM TO: Board of County Commissioners FROM: Cynthia Smidt, Associate Planner DATE: January 20, 2021 RE: Work Session on Appeal of Hearings Officer Decision on a Conditional Use and Site Plan review for a Campground (file 247-20-000206-A) The Board of County Commissioners (Board) is conducting a work session on January 27, 2021 in preparation for a public hearing on February 3 to consider an appeal, filed by the property owner, Shawn Kormondy. The appeal was submitted in response to a Deschutes County Hearings Officer's decision denying the applicant and owner's request for a private campground. File nos. 247-19- 000361-CU, 247-19-000362-SP, 247-19-000363-LM, 247-19-000583-MA, and 247-19-000879-MA). I. BACKGROUND Erik Huffman with BECON Civil Engineering and Land Surveying, on behalf of the property owner, Shawn Kormondy, submitted a request for a Conditional Use and Site Plan review for a private campground. The 9.53-acre subject property is located at 64061 N. Highway 97, which is just north- northwest of Bend city limits and associated Urban Growth Boundary (UGB).1 Refer to vicinity map below in Figure 1. The request includes establishing a 15-site campground with ten sites for tents, campers or trailers, and five for yurts2. All 15 spaces are for overnight use. None of the campsites will provide utility hook- ups, however. The campground will include two flush toilets but no shower facility, potable water supply, parking spaces at each campsite, access road, outdoor amenity and recreational use (e.g. natural canyon and trails), yurts, enclosed trash area, and communal area with gazebo. The existing residence is proposed for a camp caretaker or proprietor residence. No intensely developed 1 At its closest reach, the Bend city limits and UGB are both located approximately 680 feet to the southeast of the subject property. 2 The applicant modified their proposal throughout the proceedings with its original request being for a 28-30 space campground, which included 9-10 RV sites, 10 tent sites, 9-10 yurts, temporary and/or permanent restroom/shower - facilities, shower facilities, check -in kiosk, and caretaker RV site. In addition, the proposal changed from having a non - water carried wastewater system to a septic system. 117 NW Lafayette Avenue, Bend, Oregon 97703 P.O. Box 6005, Bend, OR 97708 6005 "e, (541) 388-6575 @ cdd@deschutes .org www.deschutes.org/cd recreational or commercial uses or activities such as swimming pools, tennis courts, retail stores, roadside stands, or gas stations associated with the campground use are proposed. The zoning of the property is Multiple Use Agricultural (MUA-10) and Landscape Management (LM) Combining Zone. Figure 1 - Vicinity Map II. HEARINGS OFFICER DECISION The Hearings Officer denied the campground because the applicant did not: 1. Propose a shower facility as required in Deschutes County Code (DCC) 18.128.320(D)(3); 2. Propose adequate sanitary facilities (also referred to as lavatories), which includes two hand washing stations as required in OAR 918-650-0050(1) (see also DCC 18.128.320(C)); 247-20-000206-A and 247-20-000788-MA Page 2 of 5 3. Demonstrate: a. There was adequate water available at the site to serve the campground (DCC 18.128.320(C)); b. Adequacy of the septic feasibility analysis; c. Lot coverage compliance (DCC 18.128.320(D)); and 4. These evidentiary deficiencies resulted in the Hearings Officer findings that several other criteria were also not met including the following: a. DCC 18.128.015, General Standards Governing Conditional Uses; b. DCC 18.124.060, Site Plan Approval Criteria; c. OAR 918-650-0025, Coordinating Regulation; d. OAR 918-650-0035, Plans and Specifications; e. OAR 918-650-0045, General Construction Requirements; and f. OAR 918-650-0050, Toilets III. SHAWN KORMONDY APPEAL The owner/appellant, Shawn Kormondy, appeals the Hearings Officer decision, and describes two assignments of error in their notice of appeal. The following summarizes their concerns: Appellant concurs with a majority of the Hearings Officer's decision in these proceedings. However, Appellant asserts that the decision is in error for the following reasons: 1. The Hearings Officer effectively denied the application because of an erroneous interpretation of DCC 18.128.320(D)(3), which provides as follows: Campgrounds shall provide potable water, toilet and shower facilities, lighting, picnic tables and garbage collection sites for the convenient use of campers as specified in OAR 918-650. Water and electric lines shall be placed underground. The Hearings Officer, in violation of ORS 174.0101, interpreted this provision in a manner that rendered the "as specified in OAR 918-650" language meaningless. OAR Chapter 918, Division 650 establishes the minimum requirements for campgrounds and does not include any requirement for showers... 2. A secondary basis for the denial is that the Hearings Officer erroneously concluded that the applicant did not meet the requirements for hand -washing facilities. The applicant proposed installing non -watered hand washing facilities in each bathroom (i.e. hand sanitizer stations) and providing a watered hand -washing station within the communal kitchen area. The Hearings Officer did not address this proposal in the decision. Rather, the Hearings Officer's decision erroneously concluded "no lavatories have been proposed". 247-20-000206-A and 247-20-000788-MA Page 3 of 5 IV. MODIFICATION OF APPLICATION To allow the Board to review the above noted appeal and its relationship to showers, handwashing facilities, and adequate water supply, the applicant submitted a third Modification of Application, file no. 247-20-000788-MA, on November 23, 2020. Through this modification, the applicant addresses the Hearing Officer's concerns, which include the following: • Change the toilet (2-seater) building to a toilet/shower/lavatory building. • Additional details describing the scale of the proposed septic system necessary to treat wastewater from toilet/shower/lavatory facilities for the campground. • Additional details describing the scale of the scale of the water demand and water supply system for toilet/shower/lavatory facilities and other campground uses. Supplemental application materials for modification file 247-20-000788-MA are included with the memorandum (Attachments 2 - 5). V. 150-DAY LAND USE CLOCK The applicant submitted land use applications 247-19-000361-CU, 247-19-000362-SP, and 247-19- 000363-LM on May 2, 2019 and requested a modification on July 24, 2019. The modification of application, file no. 247-19-000583-MA, reduced the number of campsites and changed other ancillary aspects of the proposed campground including removal of a proposed RV site for the caretaker. On December 10, 2019, the applicant submitted a second request to modify, file no. 247- 19-000879-MA, to change the proposed non -water carried system to a septic system.' After the submission of a timely appeal, file no. 247-20-000206-A, the applicant extended the 150-day clock for 215 days, the maximum allowed per DCC 22.20.040, which extended the day 150th day on which the County had to issue a final local land use decision to December 9, 2020. On November 30, 2020, the Board accepted review of the proposal (Board Order 2020-014), which included the November 23, 2020 submission of the third Modification of Application. Pursuant to DCC 22.20.055(B), a modification of an application restarts the 150-day land use clock (Attachment 1). Based on Board Order 2020-014, this third modification of application restarts the 150-day land use review clock for the overall proposal. The 150th day on which the County must take final action on this application is April 22, 2021. VI. RECORD Background information on the record to date is available for inspection at the Planning Division and at the following link: https://dial.deschutes.org/Real/DevelopmentDocs/113027. Moreover, the Board held a work session to consider this matter during the November 30, 2020 meeting. The record for the appeal was introduced at that time.4 3 The Hearings Officer incorrectly notes this date at December 13, 2019. 4 November 30, 2020 Board Meeting: https://deschutescountyor.igm2.com/Citizens/Detail Meeting.aspx?ID=2610 247-20-000206-A and 247-20-000788-MA Page 4 of 5 VI1. NEXT STEPS A public hearing is scheduled for February 3, 2021. Attachments: 1. 2021-01-15 G. Chrostek Letter -Restart of Clock 20-788-MA 2. 2020-11-30 Application Materials Supplemental Cover Letter & BOP 20-788-MA 3. 2020-11-24 Application Materials Supplemental Septic System Information 20-788-MA 4. 2020-11-24 Application Materials Supplemental Water Supply Information 20-788-MA 5. 2020-11-23 Application Materials Supplemental Site Plan 20-788-MA 247-20-000206-A a nd 247-20-000788-MA Page 5 of 5 From: Garrett Chrostek To: Cynthia Smidt Subject: 247-20-000206-A Date: Friday, January 15, 2021 11:30:58 AM Attachments: image001.onq [EXTERNAL EMAIL] Cynthia, This email is to confirm that the applicant agrees to reset the 150 day processing clock effective as of November 23, 2020, the date the modification application was filed. If the County anticipates needing more time, let us know as we are amenable. Thanks, Garrett Chrostek Attorney & Shareholder I5 chrostekPbljlawyers.com P 541-382-4331 i F 541-389-3386 1 591 SW Mill View Way, Bend, OR 97702 I www.bijlawyers.com BLJ 1 RYANT, LC>VLIEN & TARVI5 NOTICE: This communication may contain privileged or other confidential information. if you are not the intended recipient or believe that you may have received this communication in error, please reply to the sender indicating that fact and delete the copy you received. In addition, you should not print, copy, retransmit, disseminate, or otherwise use this information. Cynthia Smidt Deschutes County Community Development 117 NW Lafayette Ave. Bend, OR 97703 Re: Modification of 247-19-000361-CU;-000362-SP;-000363-LM;-000583-MA; & 000879-MA Cynthia, Please find enclosed materials for a modification of application for 247-19-000361-CU;-000362-SP; - 000363-LM; -000583-MA; & 000879-MA. The purpose of the modification is to add handwashing facilities, to add showers, to add floor drains, and to otherwise allow for a campground in the design shown on the revised site plan. The criteria for a modification are addressed below. In support of the modification please find enclosed a revised burden of proof, revised site plan, and depictions of the shower/toilet facilities. The criteria for a modification area addressed below. 22.20.055. Modification of Application. A. An applicant may modify an application at any time during the approval process up until the close of the record, subject to the provisions of DCC 22.20.052 and DCC 22.20.055. Response: Applicant timely filed an appeal (247-20-000206-A) of the Hearings Officer's decision in the above -referenced application with a request to open the record. If the County Commissioners agree to hear the appeal and open the record, the modification request will be consistent with the foregoing criterion. DCC 22.20.052 is not applicable to the requested modification and the other provisions of DCC 22.20.055 are addressed below. B. The Planning Director or Hearings Body shall not consider any evidence submitted by or on behalf of an applicant that would constitute modification of an application (as that term is defined in DCC 22.04) unless the applicant submits an application for a modification, pays all required modification fees and agrees in writing to restart the 150-day time clock as of the date the modification is submitted. The 150- day time clock for an application, as modified, may be restarted as many times as there are modifications. Response: Applicant has submitted all of the required materials/fees and agrees to restart the 150-day time clock as of the date the modification is submitted. C. The Planning Director or Hearings Body may require that the application be re -noticed and additional hearings be held. Response: It is appropriate for the modified application to be re -noticed. If the County Commissioners agree to hear the appeal, an additional hearing will be held and notice provided. Respectfully, Garrett Chrostek {19400001-01275812;2} Revised Burden of Proof: Files 247-19-000361-CU;-000362-SP;-000363-LM; - 000583-MA; 000879-MA; 247-20-000206-A Date: Owner/Appellant: Engineer: Consultant: Consultant: Proposal: December 10, 2019 (Replaces the July 17, 2019, May 2, 2019, and September 11, 2019 BOPs) Shawn Kormondy IRA 7095 Hollywood Blvd #776 Los Angeles, CA 90028 Erik Huffman, Becon Civil Engineering & Land Surveying 549 SW Mill View Way, Suite 100 Bend, OR 97702 Joe Bessman, Transight Consulting, LLC Office: 458-202-5565 Bend, OR Douglas White, Oregon Planning Solutions 60762 River Bend Drive Bend, OR 97702 A conditional use and site plan review to develop a campground facility in the Multiple Use Agriculture (MUA-10) Zone and Landscape Management Combining (LM) Zone. Location: The subject property is located at 64061 N. Highway 97 Bend, Oregon 97701, and described as Map 17-12-04, Tax Lot 800. Lot of Record: Yes (File # 247-17-000113-LR) Site Description: The subject property is 9.58 -acres in size, is mostly level and partially visible from Highway 97. The subject property is accessed from Highway 97 and is developed with a dwelling and accessory structures. Portions of the property are densely covered with trees. Except for the access and homesite, the eastern 6-acres of the subject property have Swalley mapped irrigation water rights. Applicable Review Criteria: Title 18, Deschutes County Code: a. Chapter 18.32 Multiple Use Agriculture Zone — MUA-10; b. Chapter 18.124.060 Site Plan Review; c. Chapter 18.128.015 General Standards Governing Conditional Uses & 18.128.320 Campgrounds; Chapter 18.84 Landscape Management Combining (LM) Zone; and Chapter 18.116 Supplemental Provisions for Clear Vision Areas (.020), Off- street Parking and loading (030) & Bicycle Parking (.036). d. e. {19400001-01275832;2} 1 f. OAR 333, Division 31 Operating Recreation Park and Division 61 Drinking Water g. OAR 918, Division 650 Recreation Parks and Organizational Camps Exhibits: a. Preliminary Site Plan for 15 campsites (Revised 12/9/19)1 b. Site Traffic Report from Transight Consult. (June 25, 2019) c. Water Supply Well Log e. Irrigation Map (already submitted) f. Map of Natural & Vegetation Preservation Area and Hwy Photo View Locations (already submitted) g. Expanded Study Area Tax Lot Map h. Area Zoning Map j. Five Photos of On -Site Features & Views (already submitted) k. Acoustical Study from Solera Engineering I. Well water test results from Umpqua Research m. Color Charts for Toilet/Shower Facility Siding and Yurts (revised with respect to toilet design 11/18/2020) n. Septic feasibility analysis o. Procedural History: On May 2, 2019, the applicant submitted a conditional use application to the Community Development Department (CDD) for a 30-space campground. On May 8, a revised submittal for a 28-space campsite was submitted. On May 8, 2019, the CDD issued notice of the proposed application to neighboring properties and applicable agencies and divisions. On May 15, 2019, the CDD received a written comment from the landowner located to the south of the subject property. The owner of the subject property contacted the neighbor's attorney and landowner in order to discuss the proposal and the concerns raised. On May 31, 2019, the applicant received a letter from CDD indicating that the May 2nd, submittal was incomplete with respect to twelve items. The applicant responded to each of the items with the following additional findings and with the findings presented after the applicable standards discussed further in this report: 1. Response to CDD Comment 1, page 1: The applicant revised the burden of proof (7/17/19 BOP) and Site Plan to address DCC 18.116.020, .030 and .031, and to include enough details to address the parking and maneuvering needs for the proposed use. Response to CDD Comment 2, page 2: The site plan and additional sheets were revised (7/17/19) to illustrate all applicable aspects of the property and project, both existing and proposed. Specifically, all existing structures, the pond, well, fences, toilets, septic tank/drain-field, house, and natural features. The Google image and topo base map further illustrates existing uses. All of the uses associated with the proposed campground, consisting of access road with vehicle turnaround, campsite parking pads, yurt parking pads with footpaths to yurts, trail -to -canyon, tent areas, gazebo/social gathering area, trash receiving area, toilets, and the ADA yurt paved parking and 1 The revised site plan shows a septic system and location of drain fields. {19400001-01275832;2} 2 wheelchair path accessing toilets, are also mapped. The applicant believes it has drawn or described all of the features applicable in these site plan drawings. Response to CDD Comment 3, page 3: See the Applicant's Response to DCC 18.124.060(A), below, regarding the surface water drainage system. Response to CDD Comment 4, page 3: The BOP and site plan was revised (7/17/19) to clarify all structures and facilities being proposed. The uses associated with the proposed uses are listed in the Response to CDD Comment 2, above. The amount of ground disturbance (with pervious gravel surface) associated with the proposed access road, 10 camp parking pads and 4 yurt parking pads is .9 acres. The amounts of impervious surfaces for the ADA yurt parking pad and access, toilet pad, trash receiving pad, roofs of five yurts and a gazebo is less than 3,000 square feet. See the attached Site Plan for location of and the square footage breakdown of the impervious surfaces, along with discussion later in this report regarding surface drainage. Response to CDD Comment 5, page 3: The CDD states the submitted application does not provide enough detail regarding the required minimum standards, under DCC 18.124.070. see the Applicant's Response to DCC Site Plan Review 18.24.070 Required Minimum Standard, below. Response to CDD Comments 6 and 7 page 4: The CDD indicated, when addressing the suitability standard in DCC 18.128.015(A), that the BOP lacked adequate information, including operational characteristics of the proposed campground. Staff also questioned whether the size of the study area was sufficient when addressing compatibility. The applicant has revised the BOP (7/17/19) to further explain the operating characteristics of the use, and respond to the discussion presented by staff. Because of its length, the analysis can now be found in the attached Attachment A, included as part of this Burden of Proof. The applicant has also increased the size of the Study Area, and has added additional reasons (based on the relevant factors and others) as to why the proposed use will be compatible with existing and projected uses on surrounding properties, thus, satisfying this general review standard for conditional uses. Response to CDD Comment 8, page 4: Applicant is proposing a toilet (2-seater) on a septic system as shown on the revised site plan. The location and general dimensions are shown on the site plan. The exterior of the shower/toilet facility will be on the general appearance shown on Exhibit M. No shower facility or caretaker RV site (with sewer/water/electric hook-up) is proposed under this conditional use permit for a campground. A caretaker will reside in the existing dwelling. The water supply serving the proposed campground from the existing well will be constructed and licensed with the Oregon Health Authority in accordance with the rules for Public Drinking Water Systems under OAR 333, Division 031-0004. See below for further discussion of the water supply serving the proposed campground. Response to CDD Comment 9, page 5: The BOP and Site Plan were revised (7/17/19) to respond to each of the standards of OAR 918 Division 650 that are applicable totheproposeduse(See--below--towards end of report). Many of these provisions are similar to those required by the DCC. {19400001-01275832;2} 3 Response to CDD Comment 10, page 5: The site plan includes an additional drawing showing the size of each of the required tent areas needed for 10 spaces (1,600 sf X 10 = 16,000 sf total). The site plan was previously revised (9/11/19) to show the required tent area for each of the tent sites. Response to CDD Comment 11, page 5: A toilet, with locking doors, and sinks, on a septic system is proposed for waste management. A potable water supply will be provided for cooking and drinking by way of the existing well located on the subject property. All sinks will be connected to the septic system. No electrical service is being extended into the campground. Response to CDD Comment 12, page 5: The site plan was revised (7/17/19) to show the required 20-foot campground service road to Highway 97, with the initial portion of the road using the existing driveway and access that currently serves the existing residence. Both uses will use the same access. The access road from the highway to the turn -around is about 940-feet in length and 20-feet wide. The road will consist of clean %" minus gravel. Speeds will be kept to less than 5-miles/hour on the camp road. These two measures alone will keep the dust to a minimum. Vegetation within the campground will also be watered from the irrigation system to help keep dust to a minimum. Water on -site will also be available for any additional dust control measures that need to take place at the campground. Given the 100-foot required setback for the campground use, intervening vegetation, and the dust controls measures mentioned above, airborne dust will not migrate to neighboring properties. Response to CDD Comment 13, page 6: The applicant is not seeking a waiver to locate any developed portion of the campground within the required 100-foot setback (except to the extent that the drain field constitutes a "developed portion of the campground" under DCC 18.128.320(D)(10)). None of the camp sites, parking spaces, or developed amenities are within the setback. The trail leading to the existing pond has been deleted from the site plan. The only portion of the project within the 100-foot setback is the proposed drain -field. A drain -field is not a structure and thus not subject to any setback requirements. To the extent the drain filed is subject to the setback as a developed portion of the campground, it is not visible to adjacent properties and thus sufficiently screened from neighboring properties. Response to CDD Comment 14, page 6: The BOP and site plan was revised (7/17/19) to exclude an RV site for the caretaker. The caretaker will utilize the existing dwelling located on -site as the caretaker residence for the campground. All 10 spaces will be used for overnight tent or RV camping and 5 yurts for overnight use. The following responses are to the additional comments that were received by the applicant on May 31, 2019: Response to Building Safety Division Comment: The email from the Division included the full text of ORS 455.680 regarding plan approval and permits from Oregon Department of Consumer and Business Services (CBS) and from Oregon Health Authority (OHA) that are needed prior to construction of campground. A_ copy OAR 918, Division 650 regarding minimum standards relating to campground under {19400001-01275832;2} 4 state rules was also included. As also requested by CDD, the applicant has included and addressed all applicable standards in OAR 918-650 below. The applicant will obtain approvals and permits, as needed, from CBS, OHA, and Deschutes County Building Division prior to any construction. Response to CDD Senior Transportation Planner Comment: The CDD wrote that the May 2, 2019 traffic analysis and study for a 28-space campground meets the Site Traffic Report (STR) requirements in DCC 18.116.310(C)(3)(b). Staff agrees with the analysis, conclusions and recommendations of the submitted traffic report. With the 7/17/19 revised application and Site Plan for only 15 campsites, the trip generation from the proposed use will be less than the ODOT Change of Use thresholds. A revised Site Traffic Report prepared by Transight Consulting, LLC, dated 6/25/2019, for 15 campsites is included in this revised application. Response to City of Bend Fire Department Comment: A list of 2014 Oregon Fire Codes (OFC) was included in the email. A permanent vehicle access road and turnaround, sized for emergency vehicles, is proposed. The road will extend through the campground, accessing each campsite, to the proposed communal area. The access will be about 25-feet from the proposed communal area where emergency vehicles can easily reach the area. The proposed fire apparatus road will have a width of at least 20-feet and adequate head clearance as required by DCC. The road will be designed and maintained to support loads for emergency vehicles (60,000 GVW) and will be surfaced with an approved gravel all-weather material. A key vault will be provided at the electric gate entrance as required. A water supply is available by use of the irrigation pond located just to the south of the proposed use and water from the on -site well that is connected to a 2,500-gallon cistern tank at pump house. The applicant will work with Bend Fire to assure that all required fire safety measures are taken and maintained. As a result of the input from the neighbor, CDD and others, a third revision to the site plan, proposing 15-campsites, was submitted to the county on July 17, 2019.The revised Burden of Proof, Site Plan, and attachments, included herein, reflect those changes. In response to the modified application, on July 25, 2019, the applicant received a second letter from Cramer Farms that identified over 18 issues of concern relating to the proposed campground. On August 21, 2019, the applicant submitted a letter for inclusion into the record to the CDD responding to each of the points raised by Cramer Farms. In response to the CDD's staff report findings (dated 9/5/2019) the 4th revision to the Burden of Proof and site plans were submitted to the Hearings Officer for consideration and inclusion into the record. After the close of the record, the CDD determined that non -water carried systems are actually not permitted under the DCC. The hearings officer opened the re -opened the record to hear this evidence and subsequently determined that changing from a non -water carried system to a regular septic system constituted a modification of application. This 5th revision to the Burden of Proof modifies the proposal to propose that the toilets be supported by a septic system: {19400001-01275832;2} 5 On February 26, 2020, the Hearings Officer issued her decision on the matter. The Land Use History contained in the Hearings Officer's decision accurately summarizes the remainder of the procedural history up to the appeal. Applicant filed an appeal on March 9, 2020. Although Applicant maintains the basis for its appeal, Applicant files a modification in an abundance of caution and because applicant now desires to expand its shower/toilet facilities to enhance the camping experience for visitors of the campground. Applicant's Response to Applicable Review Criteria: a. 18.32 Multiple Use Agriculture Zone — MUA 18.32.010 Purpose The purposes of the Multiple Use Agricultural Zone are to preserve the rural character of various areas of the County while permitting development consistent with that character and with the capacity of the natural resources of the area; to preserve and maintain agricultural lands not suited to full-time commercial farming for diversified or part-time agricultural uses; to conserve forestlands for forest uses; to conserve open spaces and protect natural and scenic resources; to maintain and improve the quality of air, water and land resources of the County; to establish standards and procedures for the use of those lands designated unsuitable for intense development by the Comprehensive Plan, and to provide for an orderly and efficient transition from rural to urban land use. Applicant's Response: Although this statement does not constitute approval criteria, the proposed use is consistent with purpose of the MUA Zone by preserving the rural character and natural resources in this area of Deschutes County. The proposal is for a 15-space campground -10 spaces for tents or small RVs and 5 yurt spaces. The total developed area is about one acre of land and is located generally near the center of a 9.53-acre parcel. All sites are back -in parking onto a 20-foot graveled dust free surface. A toilet, two-seater, will be provided. Yurt Site 5 will have paved ADA parking and access to restroom. Plans for the property also include upgrading the sprinkler system and increasing irrigation capacity and efficiency so as to continue current irrigated acres, while maintaining vegetation and habitat through parts of the proposed campground. Currently, Swalley Irrigation District water flows into the subject property to irrigate 6-acres of certified senior water rights from the south through a small open secondary canal that follows the southern fence -line heading east until reaching the pond on the south side of the property.2 Water is then pumped from the pond into metal surface irrigation pipes. On April 18, 2019, the applicants' land use planner met with the district to go over the proposal and any applicable district and state water right requirements that need to be considered at this time. A May 13.2019, email and attachment from Swalley Irrigation noted the proposed development overlapped the mapped water rights and the owner will need to have the property "formally re -mapped on the property or legally quitclaimed back to District should these proposals be authorized." The owner has been in contact with the District before and during the application process, and will work with the District regarding any required re -mapping or quitclaiming of the water rights. 2 Piping of this smaller open canal is currently not in the works as it is not part of the districts' main canal. {19400001-01275832;2} 6 There are no commercial forest uses or practices occurring on the subject property or adjacent properties. Only the occasional maintenance of the juniper trees located throughout the area. The canyon and rock features located on the property will be conserved as open space with a short trail for campers to walk and explore. The campground is for the most part self-contained and will not place a demand on (or negatively impact) the quality of air, water or land resources of Deschutes County. The subject property is situated in an area of the county that is between urban uses of Bend, to the south, and rural uses to the north, east and west. The proposed campground provides for an orderly and efficient transition from rural to urban land uses by having camping in a semi -rural setting that is near Bend and is on the states' transportation system. Therefore, the proposed use meets the purpose of the MUA Zone. 18.32.030. Conditional Uses Permitted The following uses may be allowed subject to DDC 18.128: "(I) Private parks, playgrounds, hunting and fishing preserves, campgrounds, motorcycle tracks and other recreational uses." Applicant's Response: The proposed campground is listed as one of the conditional uses under subsection (I) of DDC 18.32.030 of the MUA Zone. 18.04, Definitions, includes the following definition: "Campground" means an area devoted to overnight, temporary use for vacation, recreational or emergency purposes, but not for residential purposes and is established on a site or is contiguous to lands with a park or other outdoor amenity that is accessible for recreational use by the occupants of the campground. It is also where facilities are provided to accommodate camping for two or more tents, travel trailers, yurts or recreational vehicles. A campground shall not include campsite utility hook-ups, intensely developed recreational uses such as swimming pools or tennis courts or commercial activities such as retail stores or gas stations. A private campground may provide yurts for overnight camping. The yurt shall be located on the ground or on a wood floor with no permanent foundation. No more than one-third or a maximum of 10 campsites, whichever is smaller, may include a yurt. Overnight temporary use in the same campground by a camper or camper's vehicle shall not exceed a total of 30 days during any consecutive 6 month period." Applicant's Response: The proposed campground will be for overnight, temporary use for vacation, recreational, or possible emergency purposes, but not for residential purposes. An outdoor amenity is available to camping patrons on the proposed site by way of a natural canyon, located on top of lava rocks and other features located in the western portion of the property. The rock features and natural canyon will be"accessible for -recreational -use by- the _occupants" for short_ walks and exploring through the development of a trail system. County Code does not define or {19400001-01275832;2} 7 describe an on -site outdoor amenity. The applicant asserted and the Hearings Officer concurred that the natural rock features and formations, along with the vegetation, and views immediately adjacent to the proposed campground will provide an added comfort, convenience, or enjoyment to the campers. Hiking and rock climbing are plainly recreational activities that take place in the outdoors. The subject property is unique in the provision of this outdoor amenity because rock formations of this magnitude are not common in Deschutes County. Photos showing some examples of the natural rock features and views located on the subject property are included in the exhibits submitted with this application. Another outdoor amenity proposed is a communal area, including central fire enclosure and community gazebo that will be available to campers. The developer describes the proposal as a place to provide a unique curated social camping experience, bringing campers together in a communal family friendly setting under the Central Oregon sky, in hopes of inspiring new relationships amongst the guests as they explore Bend or pass through to other destinations. The proposed campground will provide overnight spaces for 10 small recreational vehicles or for tent camp sites and 5 yurts. A toilet (two-seater) will be provided well within 500-feet of all camp sites. The yurts will be located on wood floors with no permanent foundations. The proposal for 5 yurts, out of a total of 15 camp sites, is consistent with definitions' ratio standard. One of the campsites will be paved for ADA access. None of the campsites will provide for utility hook-ups, and there will be no intensely developed recreational or commercial uses or activities such as swimming pools, tennis courts, retail stores, roadside stands or gas stations associated with the proposed use. Under this section of the DCC, overnight temporary use in the same campground by a camper or camper's vehicle is not to exceed a total of 30 days during any consecutive 6-month period. However, under 18.128.320(D)(11) "Tent campers and recreational vehicles shall not remain in the campground for more than 30 days in any 60-day period." Since they both describe a 30-day overnight limit - one during any 60-day period and one during any consecutive 6-month period - the applicant will defer to the Hearings Officer to determine the appropriate time limit allowance for campers. Therefore, the proposal meets the County's code definition standards for a campground. 18.32.040 Dimensional Standards In an MUA Zone, the following dimensional standard shall apply: D. Building height. No building or structure shall be erected or enlarged to exceed 30 feet in height, except as allowed by DCC 18.120.040. Applicant's Response: No building or structure proposed will not exceed height limit and a condition of approval was added by the Hearings Officer to ensure compliance. 18.32.050 Yards {19400001-01275832;2} 8 A. The front yard setback from the property line shall be a minimum of 20 feet from property fronting a local street right of way, 30 feet from a property line fronting on a collector right of way, and 80 feet from an arterial right of way unless other provisions for combining accesses are provided and approved by the county. B. Each side yard shall be a minimum of 20 feet. For parcels or lots created before November 1,1979, which are on -half acre or less in size, the side yard may be reduced to a minimum of 10 feet. For parcels or lots adjacent to property receiving special assessment for farm use, the adjacent side yard for a dwelling shall be a minimum of 100 feet. C. Rear yards shall be a minimum of 25 feet. Parcels or lots with rear yards adjacent to property receiving special assessment for farm use, the rear yard for a dwelling shall be a minimum of 100 feet. D. The setback from the north lot line shall meet the solar setback requirements of DCC 18.116.180. E. 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. Applicant's Response: The subject property has frontage on Highway 97, which is designated as a primary highway (arterial) requiring an 80-foot front yard setback. The proposed campground facility, including the closest campsite, is about 740-feet from the highway right-of-way. A minimum setback buffer of 100-feet from both the north and south side yards and the west rear yard (required for all campgrounds) is proposed for all proposed structures, including camp and yurt spaces, tent sites, camp access road, toilets, enclosed trash area and gazebo (See Site Plan). The proposal meets all of the zone setback requirements. b. Site Plan Review 18.124.040 Content and Procedures A. Any site plan shall be filed on a form provided by the Planning Department and shall be accompanied by such drawings, sketches and descriptions necessary to describe the proposed development. A plan shall not be deemed complete unless all information requested is provided. D. The site plan shall indicate the following: 1. Access to site from adjacent rights of way, streets and arterial. 2. Parking and circulation areas. 3. Location, dimensions (height and bulk) and design of buildings and signs. 4. Orientation of windows and doors. 5. Entrances and exits. 6. Private and shared outdoor recreation spaces. 7. Pedestrian circulation. 8. Public play areas. 9. Service areas for uses such as mail delivery, trash disposal, above ground utilities, loading and delivery. 10. Areas to be landscaped. 11. Exterior lighting. 12. Special provisions for disabled persons. 13. Existing topography of the site at intervals appropriate to the site, but in {19400001-01275832;2} 9 no case having a contour interval greater than 10 feet. 14. Signs. 15. Public improvements. 16. Drainfield locations. 17. Bicycle parking facilities, with location of racks, signage, lighting, and showing the design of the shelter for long term parking facilities. 18. Any required bicycle commuter facilities. 19. Other site elements and information which will assist in the evaluation of site development. E. The landscape plan shall indicate: 1. The size, species and approximate locations of existing natural plant materials proposed to be retained and new plant materials proposed to be placed on site. 2. Proposed site contouring. 3. An explanation of how drainage and soil erosion is to be dealt with during and after construction. Applicant's Response: The attached site plan has been revised to illustrate all applicable aspects of the property and proposed use. Items from the list above are either not proposed or are not applicable to the proposed use. Site Plan Review, 18.124.060. Approval Criteria. Approval of a site plan shall be based on the following criteria: A. The proposed development shall relate harmoniously to the natural and man-made environment and existing development, minimizing visual impacts and preserving natural features including views and topographical features. Applicant's Response: The Board of County Commissioners have previously interpreted this provision as follows: Specifically, the Board interprets DCC 18.124.060(A) to mean that an applicant must demonstrate that the site plan has arranged the development in a way that evaluates the natural environment and existing development in the area and in the process has minimized visual impacts and reasonably preserved natural features including views and topographic features. Minimizing visual impact, as with this case, may include introduced landscaping, design layout, and specific design elements such as siding and roofing color and material. In doing so, this enables the County decision maker to find that the site plan's impacts create no more disharmony than other uses allowed by right or conditionally in the MUA Zone. The proposed campground and related facilities have been designed to avoid and minimize development that would negatively impact the natural landscape and existing rock features located on the subject property, which are the primary draw to the property. The size and location of the proposed use, in the center of the property, eliminates or minimizes the view from the highway and surrounding properties, while preserving the natural topographical features and views located on the property. This carefully designed small- scale development does not create more {19400001-01275832;2} 10 disharmony than other uses in the MUA-10 Zone such as dog kennels, exploration for minerals, personal use landing strips, golf courses, landfills, public schools, and manufactured dwelling parks. Thus, the project relates harmoniously to the natural and man-made (highway) environment. B. The landscape and existing topography shall be preserved to the greatest extent possible, considering development constraints and suitability of the land scope and topography. Preserved trees and shrubs shall be protected. Applicant's Response: As previously discussed, existing junipers and rock features located of the subject property, including the natural canyon area, are not going to be disturbed to the greatest extent possible as they are the primary attraction for this property. 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. Applicant's Response: As previously discussed, the proposed campground layout has been designed to provide a safe environment for vehicles accessing, parking and leaving campground, and by limiting the use of open campfires. Our designers have balanced the need to make each campsite as private as possible, including minimizing headlights shinning into other campsites and neighboring residences, against the need for safety, convenience and being compatible with surrounding land uses. The proposed 20-foot camp access road will be accessible for emergency vehicles and the applicant will work with Bend Fire & Rescue to meet all access requirements for emergency vehicles. The substantial setbacks and retained vegetation provide sufficient screening from adjacent uses as shown in the pictures of the property. If the hearings officer finds there are portions of the property that require additional screening, applicant is willing to provide sections of solid fencing to cover any gaps. D. When appropriate, the site plan shall provide for the special needs of disabled persons, such as ramps for wheelchairs and Braille signs. Applicant's Response: The attached site plan shows location of ADA yurt site (#5) with a paved pad and trail accessing the toilets. Braille signage as necessary will be installed. 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. Applicant's Response: The proposed site plan shows location of existing uses and access to the site from Highway 97, along with the proposed use consisting of the 15 camp and yurt sites, 20-foot wide camp access road, gathering area with gazebo and fire ring, natural features with trail to canyon, toilets and trash receiving area. F. Surface drainage systems shall be designed to prevent adverse impacts on neighboring properties, streets, or surface and subsurface water quality. Applicant's Response: The applicant found that neighboring property to the south, streets and surface and subsurface water quality (in this case, the private canal serving Swaney irrigation watertothe subject parcel only) will not be adversely impacted by any surface drainage resulting from the {19400001-01275832;2} 11 proposed campground or its construction. This is because of the small amount of ground disturbance and paving being proposed, soil in the area and location of the proposed use in relation to neighboring properties and highway. The "impervious surface" (cement or asphalt) areas and square footages associated with the proposed campground are mapped and described in the attached Site Plan. The total area of the impervious surface is not only small in size (less than 3,100 square feet in total area), but is scattered through -out the proposed campground area and in the center, generally, of a 10-acre parcel. The total area is also below the threshold for stormwater management under the guidelines published by the Central Oregon Stormwater Manual (COSM). The amount of pervious "ground disturbance" area that is associated with the proposed graveled camp road, turnaround and 14 camp and yurt parking spaces is approximately .9-acres, or 39,204 square feet.' Given the location of this elongated gravel surface, in an area where stormwater will drain into the soil, the applicant finds that stormwater mitigation is not required under the COSM. Nevertheless, best management practices (BMP) will be taken during construction of the proposed access road. 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. Applicant's Response: There is no proposed area, structure or facility that will be used for the storage of anything relating to the proposed campground. Any equipment or materials relating to the maintenance of the campground facilities, including extra road material or small watering tank, will be located and buffered or screened to minimize adverse impacts on the site and neighboring properties. No additional structures will be needed, as the existing residence will be used as the caretakers' residence which has indoor storage available for such items as toilet paper and cleaning supplies needed to maintain the campground. To minimize impacts, the proposed trash receiving area is located at the east end of the campground and screened from residences located on surrounding properties. To minimize impacts, the proposed toilets and trash enclosure will be of wood and or similar to the surrounding earth tone colors required by DCC. The toilets are also located at the west end of the campground near the communal area and turnaround, and in an area where there is a large concentration of trees situated between it and the existing residential dwelling located south of the subject property (See Site Plan with Google image). To minimize impacts, the 5 yurt coverings will be made of or dyed with similar earth tones, as well as buffered and or screened by the natural vegetation, rock features and terrain that is located between the proposed use and surrounding neighboring properties. The wooded gazebo will also be screened from neighboring properties by these features. The proposed access road and location of campsites has been designed to minimize visual, tree removal and ground disturbance impacts to the site and neighboring properties. 3 For the 15th space (Yurt #5) the parking and toilet access will be paved. {19400001-01275832;2} 12 H. All above -ground utility installations shall be located to minimize adverse visual impacts on the site and neighboring properties. Applicant's Response: No new above -ground utility installations are being proposed as part of the campground. 1. Specific criteria are outlined for each zone and shall be a required part of the site plan (e.g. lot setbacks, etc.). Applicant's Response: See the attached Site Plan for the location of the property setback lines. J. All exterior lighting shall be shielded so that direct light does not project off -site. Applicant's Response: Only minimal outdoor solar lighting associated with the campground is proposed, including but not limited to the entrance to the toilets. Any such lighting will be directed downward and or shielded so that direct light does not project off -site. K. Transportation access to the site shall be adequate for the use. 1. Where applicable, issues including, but not limited to, sight distance, turn and acceleration/deceleration lanes, right-of-way, roadway surfacing and widening, and bicycle and pedestrian connections, shall be identified. Applicant's Response: The Site Traffic Report was prepared by Joseph Bessman, PE, specializing in transportation engineering and licensed in the State of Oregon. The STR shows that AASHTO sight distance requirements are met and turn lanes are not warranted for this level of use. A narrow median refuge area is available on US 97 and wide shoulders are present for southbound traffic. The traffic study recommends adequate shoulder widening to allow full separation of turning and through highway traffic. 2. Mitigation for transportation -related impacts shall be required. Applicant's Response: The STR addresses relevant Deschutes County and ODOT transportation requirements. The proposal does not trigger ODOT's Change of Use thresholds and does not meet the County's requirements for a Transportation Impact Analysis. Permits will be required from ODOT for any work within the ROW. As part of this permit, extension of a paved approach into the property and wider corner radii may be required to support the needs of larger recreational vehicles. 3. Mitigation shall meet applicable County standards in DCC 18.116.310, applicable Oregon Department of Transportation (ODOT) mobility and access standards, and applicable American Association of State Highway and Transportation Officials (AASHTO) standards. Applicant's Response: The developer will require a permit from ODOT for work within the highway right-of-way. As part of this permit, the design of the access point will comply with any ODOT requirements for vegetation clearing within sight distance areas, or for improvements to the driveway surfacing and entry radius at the point of access (See the attached Site Traffic Report for specific improvement recommendations). {19400001-01275832;2} 13 Site Plan Review 18.124.070 Required Minimum Standard Applicant's Response: The CDD's May 31, 2019, letter indicates the submitted application does not provide enough detail regarding the required minimum standards, under DCC 18.124.070, for the proposed campground. According to staff, the proposed campground is considered "commercial" for the purposes of this criterion. The applicant believes it has met, will meet, or that certain sections of code do not apply to the proposed use, as follows: 1. Subsection B.1, Required Landscaping: More than 15% of the property will be landscaped as native vegetation (See Site Plan). This criterion will be met; 2. Subsection 2.a through h: a. Additional Landscaping Requirements: Significantly more than 375 square feet of area, including around the parking spaces for each campsite, will be landscaped as retained vegetation. Subsection 2.a will be met. b. The proposed parking spaces will not be located adjacent to any property or street. Subsections 2.b and 2.c(1-3) do not apply to the proposed use. c. If determined necessary, the retained landscaping will be located in defined areas, between and around all parking spaces, and will have a width of at least 5 feet. Subsections 2.d and 2.e will be met. d. Regarding Subsections 2.f and 2.g, given the spaces between campsite parking spaces the applicant does not believe that additional landscaping (plantings) is necessary. However, as a condition of approval, the applicant agrees to maintain continuously and keep alive and attractive all landscaping for the required "landscaping area" located on the subject property. As defined under Subsections 2.d and 2.e, the required landscaping area is "between and around all parking spaces and will have a width of at least 5-feet." e. No trees are proposed under overhead utility lines and therefore Subsection 2.h is met. 2. Subsection C: The provisions for bicycle parking in DCC 18.116.031 and bicycle commuter facilities in DCC 18.116.035 are discussed under those sections, below. 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 surfaced 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 orother---. similar improvements are provided which prevent parked vehicles from obstructing the walkway. {19400001-01275832;2} 14 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 walkways must be clearly identifiable through the use of elevation 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. Applicant's Response: To the extent this development qualifies as commercial, there are no buildings or planned transit facilities requiring walkway connections under subsection 2(b). Reference to walkways in Sections 2(c) through (e) all refer to the walkways required under subsection 2(b). Accordingly, applicant need only provide "internal pedestrian circulation" that can be achieved through "clustering of buildings, hard surfaced walkways, and similar techniques" pursuant to subsection 2(a). To the extent "hard surface" means pavement, paved walkways are not required, but are simply one option for providing pedestrian circulation. The campground provides sufficient pedestrian circulation through the clustering of the campsites and facilities supporting the campground and the use of gravel drives and the hardened trail system. Pavement will be used in the ADA yurt site to achieve compliance with the ADA, or as otherwise directed by the hearings officer. There are few if any crossings of the driveway, but striping can be added near potential crossings such as the trash enclosure and bathroom. c. 18.128.015 General Standards Governing Conditional Uses In addition to the standards in the MUA Zone and specific use standards, the proposed conditional use is to comply with the following general standards (A-C): A. The site under consideration shall be determined to be suitable for the proposed use based on the following factors: 1. Site, design and operating characteristics of the use; 2. Adequacy of transportation access to the site; and 3. The natural and physical features of the site, including, but not limited to, general topography, natural hazards and natural resource values. Applicant's Response: The site of the proposed conditional use is ideally suited for a campground. It's on a property with a unique outdoor amenity, along a major state highway, and remote from traffic and congestion. The site is also ideally suited for the proposed use as demonstrated by this application by showing it meets or can meet all of site characteristics to operate as a campground in the MUA and LM zones. Specifically, the campground adheres to stringent setback requirements, is designed to preserve vegetative buffers between adjacent properties, and must adhere to County requirements for noise. The proposed locations of the campground spaces, yurts, access road, and facilities have been designed to minimize, if not avoid, any permanent disturbance to natural and physical features located on the site. The operating characteristics or the ability for vehicles to "maneuver the campground" while retaining the on -site natural features-and--trees,-along with campsite_ and neighbors' privacy, all had to be balanced with the need for adequate access for emergency vehicles. {19400001-01275832;2} 15 Traffic volumes generated from the proposed 15 space campground is expected to include 31 to 81 additional weekday daily site trips (3 to 8 weekday p.m. peak hour trips). Discussions with ODOT staff and documentation within the STR have indicated that this does not meet ODOT Change of Use criteria, indicating the "adequacy of the transportation access to the site." The natural and physical feature of the site is ideal for the proposed campground by providing for short walks and a communal area near a dry canyon feature located on -site. There are no known natural hazards present on the subject property. The proposed use will not have a negative impact on any natural resources that may be present in this area. The Hearings Officer found the property sufficient size to accommodate the proposed campground, but denied because no showers were proposed and without sufficient information that the proposed drain field is of adequate sized. Applicant has proposed showers, which are shown on the revised site plan. Memo's from Applicant's engineer shows that the water facilities are sufficient for the proposed use and the County has approved the location and size of the drain field. B. The proposed use shall be compatible with existing and projected uses on surrounding properties based on the factors listed in DC 18.128.015(A). Applicant's Response: See Attachment A to this BOP for the complete response to this Subsection B, "Compatibility with Existing and Projected Uses on Surrounding Properties Analysis." C. These standards and any other standards of DC 18.128 may be met by the imposition of conditions calculated to insure that the standard will be met. Applicant's Response: Applicant believes it has designed the site in a manner that does not require any conditions of approval beyond compliance with applicable provisions on the County Code. However, the applicant is comfortable with the imposition of reasonable conditions should the Hearings Officer reasonably find such conditions necessary to achieve applicable standards. 18.128.320. Campgrounds A conditional use permit for a campground may be issued only when the following criteria (A-D) are met: A. Campgrounds shall provide patrons with opportunities for outdoor recreation that are compatible with the natural setting of the area. Outdoor recreation activities include fishing, swimming, boating, hiking, bicycling, horseback riding and other similar activities. Outdoor recreation does not include commercial uses such as miniature golf courses, go-cart tracks or rental of equipment or animals. Applicant's Response: The proposed campground will provide patrons with an opportunity to walk and explore the on -site natural features, including a raised natural canyon and a to be constructed trail system. This unique geologic feature provides "opportunities for outdoor recreation compatible with the natural setting of the area" including hiking and rock -climbing. The campground facility has been carefully placed near and amongst some of the rock features present on the property. The attached site -plan -shows the natural rock features (shaded light green) that are to be preserved, along with the natural canyon area. {19400001-01275832;2} 16 The Hearings Officer found that this criterion is met. B. Street access shall be provided as follows: 1. The campground shall obtain direct access from a street or road designated as an arterial or collector by the Deschutes County Comprehensive Plan. Applicant's Response: The proposed campground will have direct access from Highway 97. Highway 97 is designated in the Comprehensive Plan as a primary highway (arterial). 2. Access to the campground shall be adequate to handle the anticipated traffic generated by the use. Applicant's Response: The developer has provided a site traffic report indicating that trips generated from the proposed use will be less than the ODOT Change of Use thresholds. ODOT staff have preliminarily indicated that the volume of traffic and the existing conditions do not warrant mitigation on Highway 97. The developer will apply to ODOT for use of the access point and will comply with any ODOT requirements for vegetation clearing within sight distance areas or for improvements to the driveway surfacing and entry radius at the point of access (See the attached Site Traffic Report for specific improvement recommendations). 3. The Deschutes County Public Works Department or the State Highway Division may require refuge lanes for left-hand turns and deceleration lanes for right-hand turns where necessary for public safety. Applicant's Response: See the applicant's response to Subsection 2, immediately above. C. Water supply and sewage disposal shall be provided as follows: 1. Applicant shall demonstrate that there is adequate potable water available at the site to serve the campground. When the water is to be supplied from a well, a well log is required to show that an ample supply of water will be available for the campground it will serve. Applicant's Response: The proposed campground includes the use of one toilet for men and one for women. At least one centralized campground water faucet (for drinking and cooking) will provide potable water from an existing well located on the subject property. The well will also continue to provide water to the existing dwelling located on the property. See attached Site Plan for general location of the proposed water line. The final plans for water supply improvement serving the campground will be approved by the State Health Division. A 1996 water supply well report noted an estimated flow rate of 18 GPM (See attached Well Supply Report). Applicant's engineer has also reviewed the existing well and finds it sufficient to meet the water supply needs of the campground. {19400001-01275832;2} 17 2. Plans for water supply and sewage disposal improvements must be approved by the State Health Division and the Department of Environmental Quality. Applicant's Response: See previous discussion regarding water supply. A toilet on a septic system will be provided and maintained. Applicant has obtained a septic feasibility analysis for the proposed system. 3. Evidence shall be provided to demonstrate that the campground will be eligible for a certificate of sanitation as required by the Oregon Department of Environmental Quality. Applicant's Response: The residence located on the subject property site is served by the existing septic system under Permit #: 247-14-001029. A septic system to serve the proposed campground has received a septic feasibility analysis from the County, which administers sanitation approvals on behalf of the state. D. A campground shall conform to state standards specified in OAR Chapter 918, Division 650 and the following: 1. Sixty-five percent of a parcel developed as a campground shall be retained as open space. Natural vegetation shall be maintained in open space areas to the fullest extent possible. Walkways, roadways, parking spaces, structures, service areas and campsites shall not be considered open space. Applicant's Response: See the Applicant's Response below regarding compliance with OAR 660, Division 650 for Recreation Parks and Organizational Camps. Only about 9% of the subject property is proposed as a campground. Even including the residence, substantially more than 65% of the property is open space being retained as open space. The natural vegetation of mostly juniper and sage will be maintained in open space areas to the fullest extent possible. The proposed gravel (and one paved) paths to yurts, roadway, structures, and campsites with parking are not included in the open space (See Site Plan). 2. The space provided for each campsite shall be not less than 1600 square feet exclusive of any space used for common areas such as roadways, general use structures, walkways, landscaped areas and parking spaces other than those assigned to particular campsites. Applicant's Response: See the attached site plan information on each of the 1,600 square feet required for each camp site, exclusive of the proposed access road, general use structures and common area, in this case, the communal area located near lava rock feature. Adequate tent space is available even when the assigned campsite parking space is included in this square footage. The yurt sites are also greater than 1,600 square feet.' 4 Tent areas for yurts are: Yurt #1: 1,775 sf; Yurt #2: 2,100 sf; Yurt #3: 2,070 sf; Yurt #4: 4,000 SF; and Yurt #5 (ADA): 1,940 sf (See Site Plan). {19400001-01275832;2} 18 3. Campgrounds shall provide potable water, toilet and shower facilities, lighting, picnic tables and garbage collection sites for the convenient use of campers as specified in ORS 918.650.5 Water and electric lines shall be placed underground. Applicant's Response: The proposed campground will include station for drinking water, toilets, some solar lighting, picnic tables associated with a communal area, and trash receiving area for the convenient use of campers. See also the Applicant's Response to OAR 918, Division 650 below. No showers are proposed. Applicant believes this provision intends to impose a requirement that campground proposals comply with OAR 918, Division 650 and not to impose requirements above and beyond OAR 918, Division 650. As discussed below, OAR 918, Division 650 does not mandate that campgrounds have showers (just that any shower must be compliant with the building code). If the hearings officer disagrees, a condition of approval should be imposed and specifically a condition that would allow for use of solar showers or similar facilities that could be provided through water tanks as opposed to facilities affixed to the plumbing system. 4. Campgrounds shall not provide campsite hookups for sewage disposal or electricity. A centralized sewage dump station that meets state standards may be provided. Applicant's Response: None of the proposed campsites will be hooked -up to any sewage disposal or electrical service. The project will include a potable water station, drywell for dishwater disposal, toilets, and trash receiving area. No sewage dump station is being proposed. 5. Roadways permitting one-way traffic shall be not less than 10 feet wide and those permitting two-way traffic shall not be less than 20 feet wide. Where parking is allowed on the margin of the road, an additional 10 feet shall be added for each parking lane. Roadways shall be improved with an all-weather, dustless surface. Applicant's Response: Access from the highway to the campground and through it to the turnaround will be for two-way traffic on a 20-foot graveled surface. The roadway surface will be improved with an all-weather clean % inch minus graveled surface. This level of graveling will allow for access in all- weather conditions and prevent dust. No parking is proposed on the margin of the road. A posted vehicle speed of 5-miles per hour will prevent damage to the gravel surface thereby further ensuring there is no dust. A gravel road is better equipped to deal with dust than a paved surface because the porous nature of gravel allows dust originating from off of the road to settle whereas such dust would remain on surface of a paved drive and be pushed into the air from vehicles. This position is supported by statements from Applicant's engineer who is experienced in dust -control matters. 6. Except for the access roadway serving the campground, no vehicular or pedestrian access shall be allowed out of the campground. Fences shall be provided which prevent trespass to property not under the control of the campground owner. Applicant's Response: The subject property is currently enclosed in a livestock fence and gated. No vehicles or pedestrians will be allowed onto the neighboring private properties located to the north, 5 ORS Chapter 918 does not exist in state law. The Code is referring to OAR 918, Division 650 governing recreation parks. {19400001-01275832;2} 19 west and south. There are no accessible public lands located near the subject property. The closest public land is Deschutes County property, located on the north side of Fort Thompson Lane to the north. Applicant will make repairs as needed to the existing fencing to ensure it prevents trespass. 7. Each campsite shall be provided with at least one parking space which shall be paved or covered with crushed gravel and designed to promote drainage of surface runoff. Applicant's Response: Each campsite includes a parking space which will be covered with crushed gravel and designed to drain off water if not already absorbed into the soil. 8. Campgrounds shall be surrounded by buffer strips of existing vegetation or landscaping. Applicant's Response: The proposed campground footprint is about .9-acres in size, located near the center of the property, and outside the required 100-foot campground setback. The proposed trash receiving area (closest use to Highway 97) is about 740-feet from the highway right-of-way. These setback buffers, along with tree cover east and south of the proposal and natural area/canyon to the west, nearly surround the entire proposed campground with vegetation screening. 9. To promote privacy and preserve the integrity of the natural setting, campgrounds shall retain existing vegetation to the fullest extent practical. Applicant's Response: The location of the camp access road, number of campsites, yurts and facilities were carefully sited to retain the existing vegetation (mostly juniper trees), natural setting, and rock features to the maximum degree practical. The design had to make sure vehicle accessing and parking into spaces and exiting the campground can do so safely, while maximizing campsite privacy. 10. Yards and Setbacks. a. Campsites or parking spaces shall not be located within the yard and setback areas required by the County for permanent buildings in the zone in which the campground is located. Applicant's Response: None of the proposed campsite pads, yurts, camp parking spaces, toilets, communal area, caretaker residence, or trash receiving area will be located within the setbacks required for permanent buildings in the MUA Zone. b. No developed portion of the campground shall be located within 100 feet of the right of way of any road or property line of a lot not part of the campground. Applicant's Response: As stated above, none of the "developed portion" (i.e. those features identified in subsection 10(a) above) of the proposed campground or tent sites will be located within 100-feet of a property line or road right-of-way. c. No developed portion of the campground shall be located closer than 300 feet from a road in a Landscape Management overlay zone. Applicant's Response:_ None__ of the proposed campground_ will be located within 300-feet of the Highway 97 right-of-way. A 300-foot setback is shown on the site plan. { 19400001-012 7 58 3 2; 2 } 20 d. Setback requirements in DCC 18.128.320(D)(10)(b) and (c) may be waived upon a finding by the Planning Director or Hearings Body that the developed portion of the campground will be sufficiently screened and buffered from neighboring properties or the protected landscape area. Applicant's Response: To the extent the drain field, or any other item not addressed in subsection 10(a) constitutes a "developed portion" of the campsite, a waiver is appropriate. A drain field is subterranean and thus not visible to adjacent properties. The vegetation to be retained is sufficient to screen all elements of the proposed campground from adjacent properties. To the extent the hearings officer finds the existing vegetation insufficient, applicant is willing to include segments of solid wood fencing to ensure sufficient screening. 11. Tent campers and recreational vehicles shall not remain in the campground for more than 30 days in any 60-day period. Applicant's Response: Current code provisions provide that no tent or yurt campers or recreational vehicles will be allowed to remain anywhere in the campground for more than 30 days in any 60-day period, as well as the 6-month duration limit included in the codes' definition of Campground. The applicant will defer to the Hearings Officer to clarify what the applicable time limit is for staying no more than 30-days at the proposed campground. 12. The campground shall be licensed as a tourist facility by the State Department of Health as specified in ORS 446, unless operated by a public entity, timber company or private utility. Applicant's Response: Prior to the issuance of any building permit, the owner will have the campground licensed as a tourist facility by the State Department of Health as specified in ORS 446. 13. One dwelling may be allowed for a resident caretaker or proprietor. Applicant's Response: The proposed use will utilize the existing residence located on the subject property as the camp caretaker or proprietor residence. d. 18.84 Landscape Management Combining - LM Zone 18.84.020 Application of Provisions The provisions of this chapter shall apply to all areas within one-fourth mile of roads identified as landscape management corridors in the Comprehensive Plan and the County Zoning Map. The provisions of this chapter shall also apply to all areas within the boundaries of a State scenic waterway or Federal wild and scenic river corridor and all areas within 660 feet of rivers and streams otherwise identified a landscape management corridors in the comprehensive plan and the County Zoning Map. The distance specified above shall be measured horizontally from the centerline of designated landscape management roadways or from the nearest ordinary high water mark of a designated landscape management river or stream. The limitation in this section shall not unduly restrict accepted agricultural practices. {19400001-01275832;2} 21 18.84.040. Uses Permitted Conditionally. Uses permitted conditionally in the underlying zone with which the LM Zone is combined shall be permitted as conditional uses in the LM Zone, subject to the provisions in DCC 18.84. Applicant's Response: The subject property is within the LM Combining Zone that is applied to properties adjacent to Highway 97. Under the LM Zone, uses permitted conditionally in the MUA Zone are permitted conditionally in the LM Zone. 18.84.050 Use Limitations A. Any new structure or substantial alteration of a structure requiring a building permit, or an agricultural structure, within an LM Zone shall obtain site plan approval in accordance with DCC 18.84 prior to construction. As used in DCC 18.84 substantial alteration consists of an alteration, which exceeds 25 percent in the size or 25 percent of the assessed value of the structure. B. Structures which are not visible from the designated roadway, river or stream and which are assured of remaining not visible because of vegetation, topography or existing development are exempt from the provisions of DCC 18.84.080 (Design Review Standards) and DCC 18.84.090 (Setbacks). An applicant for site plan review in the LM Zone shall conform with the provisions of DCC 18.84, or may submit evidence that the proposed structure will not be visible from the designated road, river or stream. Structures not visible from the designated road, river or stream must meet setback standards of the underlying zone. Applicant's Responses: Regarding Subsection (A), a site plan review is included as part of this proposal. Furthermore, all required state and county permits and licensing will be obtained prior to any excavation or construction of the project. Regarding Subsection (B), the applicant believes that the proposed campground will not be visible from Highway 97 and that Design Review (18.84.080(A) — (I)) findings are not required. This is because of the amount of existing vegetation and rocky features present on the property that provide a natural visible screen from the highway. The applicant believes that the revised site plan shows that none of the proposed structures or campground uses will be visible from the highway on account of the substantial distance and intervening vegetation between the Highway and the campgorund. However, as a precaution and to further demonstrate compliance with the use limitations, the applicant has responded to the Design Review criteria, below. 18.84.080, Design Review 18.84.080(A), Except as necessary, retain existing trees and shrub cover ... Applicant's Response: The proposed campground is located in an area that is densely covered in trees. The locations of the campsites, access road and facilities have been careful placed as to retain as many trees as possible as they are an asset to the campground and create screening from adjacent uses. All existing trees and shrubs, located within the control of the landowner (subject property) that provide a visual screen of the proposed campground from Highway 97, will be retained and {19400001-01275832;2} 22 maintained in a healthy manner. The exception would be for the maintenance or removal of dead, diseased or hazardous vegetation. A Google Earth image showing the vegetation areas, outlined in blue, that contribute to visual screening of the proposed use has been included in the application materials. 18.84.080(B), Muted earth tones, blend with and reduce contrast with surrounding vegetation and landscape ... Applicants Response: All new campground structures will be sided, finished or painted in muted earth tone colors that blend with and reduce contrast with the surrounding vegetation (junipers and sage) and landscape (lava rock) around each of the building sites. The only campground structures being proposed are the toilet/shower facility and enclosed fenced trash receiving area, and the five yurts and gazebo. The roofs and sides of the yurts, toilet/shower facility, and gazebo will be in muted earth tone colors or non -painted wood that blend with surrounding features and trees. The trash area will be enclosed with wooden repurposed juniper fence materials. Proposed colors/design for the toilet/shower facility, and yurts are attached as Exhibit M. Applicant agrees with the Hearing Officer's imposition of a condition of approval to ensure compliance with this criterion. 18.84.080(C), Nonreflective and blended roofing materials ... Applicant's Response: As shown in the exhibits, these materials are not being proposed. The applicant agrees to a condition of approval that any new campground roofing of buildings and structures will not be finished in white, bright or reflective materials and will be of a color which blends with surrounding vegetation and landscape. This includes the material used for the proposed yurts and gazebo being of an appropriate native earth tone as well. 18.84.080(E), Structures shall not exceed 30 feet in height measured ... Applicant's Response: None of the structures being proposed will exceed this height limit. 18.84.080(F), Consolidation of driveway accesses ... Applicant's Response: Both the existing dwelling and the proposed campground will utilize the same existing driveway in compliance with this criterion. 18.84.080(G), New residential exterior lighting to be sited/shield downward and ... Applicant's Response: This criterion only applies to residential use, which is not proposed in this application. Nonetheless, with the exception of some minimal solar battery lighting at the communal area and toilets, the applicant is proposing a campground environment without the use of outdoor or street lighting. In those instances, the location and direction of said lighting will be sited and shield so that light is directed downward and is not directly visible from Highway 97 or neighboring properties. 18.84.080(H), The Planning Director or Hearings Body may require the establishment of introduced landscape material {19400001-01275832;2} 23 Applicant's Response: As noted previously, the location of the proposed campground is in a dense stand of trees. Because of the partial vegetation located next to the highway, road direction, and the distance from the proposed use, views of the proposed use from Highway 97 are almost completely eliminated. See the Applicant's Response to DCC 18.124.070, above, regarding the required landscaping area that is "between and around all parking spaces and will have a width of at least 5- feet." The Hearings Officer found that the existing vegetation is sufficient to screen the campground from adjacent uses and did not require any additional landscaping. Rather, the Hearings Officer required that any vegetation introduced to the property be native species. 18.84.080(1), No signs... Applicant's Response: The subject property is not adjacent to or near a landscape management river or stream. The Hearings Officer found this criterion is not applicable to outdoor advertising signs used for the proposed campground. Applicant is proposing a campground sign near the driveway entrance off of the highway. Applicant will work with ODOT and Consumer and Business Services to assure the sign complies with all highway and travelers' regulations for signage. Applicant will obtain all required sign permits for any such signage. 18.84.090 Setbacks Applicant's Response: The underlying zone for the building site is MUA-10. Minimum setbacks in the underlying zone are addressed in foregoing findings. Special use setbacks for campground development in the LM Zone under DCC 18.128.320(D)(10)(c) are addressed below. The subject property is adjacent to Highway 97 along its eastern boundary. Highway 97 is a designated landscape management corridor. Structures that are proposed with the campground will be set back over 300 feet from the highway. The subject property is not adjacent to or near a river. 18.116 Supplementary Provisions 18.116.020. Clear vision areas. Applicant's Response: Based on the submitted site plan, no clear vision area will be obstructed with the existing access point. The Hearings Officer found this criterion was met. 18.116.030 Off-street Parking & Loading Applicant's_ Response: Existing and proposed development will be less than 30,000 square feet of floor area. The Hearings Officer found that no loading berth is required. { 19400001-01275 83 2; 2 } 24 The existing residence requires two parking spaces, which currently exist. The residence is proposed to become the campground caretaker's residence. Two separate parking spaces currently exist for the residence. DDC 18.116.030(9) provides for other uses not specifically listed, and the required number of spaces for a campground use "shall be provided adequate parking as required by the Planning Director or Hearings Body." The applicant believes that the specific use standards governing campgrounds under DCC 18.128.320 includes provisions for the required number of parking spaces for campgrounds. Pursuant to Subsection (9), the applicant is proposing one parking space per campsite based on having only one vehicle per site. The proposed campground is for 15 campsites, which therefore requires 15 parking spaces for the campground use. Only 15 new parking spaces are proposed. The Hearings Officer found the proposed parking sufficient. The 100-foot buffers with preserved vegetation is more than sufficient to screen any parking areas. This is confirmed in submitted photographs. However, to the extent the hearings officer finds additional screening is required, applicant is willing to provide sections of solid fencing to cover any gaps. Any such fencing would be of natural materials. Applicant qualifies for an exception to paving requirements under Section 18.116.030(F)(4)(b) because the subject property is outside of an unincorporated community and the applicant is proposing gravel (and not dirt) roadways. Gravel controls dust because the porous nature allows for dust to settle within the gravel as opposed to the surface (as happens with paved surfaces). Moreover, a 5 mph speed limit will preserve the integrity of the gravel and its dust abatement characteristics. E. General Provisions. Off -Street Parking. 1. More Than One Use on One or More Parcels. 2. Joint Use of Facilities. Applicant's Response: The applicant is proposing two uses on a single 9.53-acre parcel — in this case an existing sing -family dwelling and a campground. Adequate parking is already available to both the residential use and the proposed campground use, based on the total requirement for off-street parking. The Hearings Officer found that the proposed parking is sufficient. 3. Location of Parking Facilities. Applicant's Response: See the attached Site Plan Map for location of all campsites and yurt parking spaces. The applicant believes it has met the burden of proving the existence of off-street parking that will meet County Code provisions. 4. Use of Parking Facilities Applicant's Response: None of the proposed campground parking spaces will be used for the storage of vehicles or materials or for the parking -of -trucks or any -other _ vehicle used in _conducting campground business. {19400001-01275832;2} 25 5. Parking, Front Yard Applicant's Response: No parking is being proposed within the required front -yard setback facing Highway 97. F. Development and Maintenance Standards for Off -Street Parking Areas. Applicant's Response: The proposed campground will be centrally located on the subject property. The campground is over 300 feet from Highway 97 to the east. Residential uses may be found to the north, south, and west of the subject property. The closest residential use is just over 100 feet south of the campground use. Beyond that, the next closest residential uses are approximately 350 feet to the north and south. Each camp site, including yurts, will have its own parking space for tent or yurt campers, or small trailer or RV. No parking lot area is proposed. The applicant will retain native vegetation, including trees and shrubs that provide screening and buffering of the parking areas. The applicant is agreeable to a condition of approval requiring construction of sections of solid fencing, constructed of natural materials, to cover any gaps to block views of the parking area to surrounding properties. The Hearings Officer found this sufficient and imposed a condition of approval accordingly. Other than indirect lighting used for other campground amenities, no lighting will be used to illuminate off-street parking areas. The lighting proposed will be sited and shielded so that light is directed downward and is not directly visible neighboring properties. The Hearings Officer imposed a condition of approval to ensure compliance. The proposed campground does not include more than two parking spaces grouped together. Moreover, parking is not located near a street right-of-way. Applicant qualifies for an exception to paving requirements because the subject property is outside of an unincorporated community, the subject property is not within an area that has a high water table and the subject property does not fall within a Rural Industrial Zone. The applicant is proposing gravel, and not dirt, roadways. Gravel controls dust because the porous nature allows for dust to settle within the gravel as opposed to the surface (as happens with paved surfaces). Moreover, the applicant proposes a 5 mph speed limit to preserve the integrity of the gravel and its dust abatement characteristics. The applicant proposes to apply water and/or magnesium chloride as dust abatement. The roadways and parking areas will be improved with clean % inch minus gravel surface. Based on this information, the Hearings Officer found that the applicant qualifies for an exception to the paving requirements and imposed conditions of approval, which applicant accepts. G. Off -Street Parking Lot Design. { 19400001-012 7 583 2; 2 } 26 Applicant's Response: Each of the proposed vehicular parking spaces meet or exceed the minimum 9- foot wide by 20-foot long parking and stall dimensions in Table 1. As discussed in the findings above, the 20-foot access aisle meets the minimum width for two-way traffic specific to campgrounds. This criterion is met. 18.116.031 Bicycle Parking Applicant's Response: The proposed use would qualifies for an exception to the general minimum standards for number and type of bicycle parking spaces, when off-street motor vehicle parking is required, and to the bicycle parking design standards. Both staff and the Hearings Officer concurred. There is already an extensive set of specific use standards for campground parking. The applicant proposes to include the use of 3-wheel bicycles and lockable bike rack for camper use on -site. Campers toting bicycles will be free to access the highway through the locked gate. 18.116.035 Bicycle Commuter Facilities Applicant's Response: A bicycle commuter facility is not required for the proposed campground or, alternatively, an exception to this provision is warranted. 18.116.310 Traffic Impact Studies Applicant's Response: The applicant's traffic engineer met with County staff in a pre -application conference on October 3, 2018, to discuss study requirements. See the attached Site Traffic Report for the required study. The Hearings Officer found the submittal to be sufficient. Title 15, Deschutes County Buildings and Construction Ordinance CHAPTER 15.08. SIGNS Applicant's Response: Applicant will obtain permits as required under this section for any signage that applicant might install on the property. Such signage will comply with the requirements of this section. OAR 333, Division 31 Operating Recreation Park and Division 61 Drinking Water Applicant's Response: The proposed campground has been designed so that the layout will meet general and special rules for overnight campgrounds under OAR 660-031. Applicant will secure an operating license from the Oregon Health Authority (OHA) before opening the campground facility to public use. {19400001-01275832;2} 27 The general rules applicable to all establishments provide that water supply systems serving traveler's accommodations and hostels shall comply with administrative rules for Public Water Systems, OAR 333-061-0005 through -0095. They must also be regulated: (a) as a Public Water System under division 061; or (b) for those water systems serving traveler's accommodations and hostels that are not regulated under division 061 must meet a set of rules for unregulated systems under OAR 333-061-0004(3) (OAR 333-061-0004(2)). The applicant will be applying for an "Unregulated Small Drinking Water System" that is licensed under OAR 333-061 (OAR 333-031-0002(17)). On June 11, 2019, the applicant had Umpqua Research test the on -site groundwater well for E.coli and Total Coliform. The results showed the water was absent of these substances. As further specified under OAR 333-031-0004(4), (5) and (6), the water distribution system will be designed, constructed, approved and maintained in compliance with the requirements of the Oregon Department of Consumer and Business Services, Building Codes Division, including the 2000 Oregon Plumbing Specialty Code. The owner or operator of the proposed campground covered by these regulations will not supply the campers with common drinking cups or vessels. If a drinking fountain is provided, the owner will install an approved angle jet type with adequate water pressure at all times while it is in use. As a condition of approval, the applicant will submit the final plan for the water supply system serving the proposed campground to the OHA prior to construction or major modification of the water system. Quarterly sampling as defined by rule will be taken for year-round facility in accordance with OAR 333-031-0004(3)(a)-(f). An operating license will be secured from OHD before opening the campground facility to the public, and will provide authorities with a pre -opening inspection. The Hearings Officer found this sufficient. Wastewater from the toilets, showers, and sinks will be disposed of in a through the septic system, which will meet all of the DEQ requirements and has sufficient capacity for the use proposed. OAR 918, Division 650 Recreation Parks and Organizational Camps OAR 918-650-0020. Permit Required. No person may establish or enlarge the facilities of any recreation park or organizational camp or do any construction within the recreation park or organizational camp or cause the same to be done without first obtaining all required permits from the building official and paying the prescribed permit fees. Multiple permits may be required when the proposed work involves two or more code areas (i.e., structural, electrical, plumbing, or mechanical). EXCEPTION: Applications for permits, submission of plans and payment of fees are not required for additions, alterations, relocation and maintenance of picnic tables, play equipment, fire pits and similar facilities in existing parks. Applicant's Response: The Hearings Officer found this criterion had not been satisfied because the Hearings Officer found that showers required and that applicant had proposed disposal of sink water through "drill holes" or dry wells. Applicant is now proposing showers. All toilets, sinks, and showers will be connected to a septic system that will comply with all DEQ standards and is of sufficient capacity -to- meet -the _ needs_ of the proposed use. { 19400001-01275832; 2 } 28 OAR 918-650-0025 Coordinating Regulations Permit Issuance: (1) The application, plans, specifications, computations and other data filed by an applicant must be reviewed by the building official. Such plans may be reviewed by other departments or agencies to verify compliance with any applicable laws under their jurisdiction. If the building official finds that the work described in the application for a permit and the plans, specifications and other data filed conform to the requirements of these rules and other pertinent laws and ordinances, and that the fees have been paid, the building official must issue a permit to the applicant. Regulations that also apply to recreation parks and organizational camps are: (a) Land Use. Land use must comply with the regulations of the unit of government which has planning authority over the proposed construction site; (b) Flood Zones. Buildings or areas used within a flood zone must be approved by the agency having jurisdiction prior to the issuance of permits; (c) Water Supply. Water supply systems must comply with regulations under the Department of Human Services Oregon Health Authority; (d) Sewage Disposal. Sewage treatment and disposal facilities, including, but not limited to, on -site facilities, solid waste container wash -down facilities, gray water waste disposal systems, pit privies, vaults and chemical toilets, must comply with regulations under the Oregon Department of Environmental Quality; (e) Solid Waste Disposal. Solid waste disposal must comply with regulations under the Department of Human Services Oregon Health Authority and such waste must be disposed of in a manner that complies with regulations under the Oregon Department of Environmental Quality; (f) Eating and Drinking Establishments. Eating and drinking establishments must comply with regulations under the Department of Human Services Oregon Health Authority; (g) Ice Machines. Ice machines must comply with regulations under the Oregon State Department of Agriculture; (h) State Building Code. Buildings and structures must comply with the State Building Code and where applicable to rules adopted thereunder; (i) Highway, Street and Driveway Permits. Access must comply with the regulations of the city, county or State Highway Division having jurisdiction over access to the public roads; (j) Fire Protection. Fire protection facilities must comply with the requirements of the appropriate jurisdiction's fire protection regulations; (k) Liquefied Petroleum Gas (LPG). Liquefied petroleum gas installations must comply with the regulations of the Oregon State Fire Marshal; {19400001-01275832;2} 29 (IJ Swimming Pools and Spas. Swimming Pools and spas must comply with regulations under the Department of Human Services Oregon Health Authority; (m) Hostels. Hostels must comply with the Oregon State Building Code and with regulations under the Department of Human Services Oregon Health Authority; (n) Engineers/Architects Design. When required, park and camp designs must be prepared by a registered design professional. Applicant's Response: See previous discussions regarding Subsections (a) land use, (c) water supply, (d) sewage disposal, (e) solid waste disposal, (i) highway permit, and (j) fire protection. Regarding Subsection (b), the subject property is outside the flood zone. Regarding Subsections (f) and (I), no eating or drinking establishments, swimming pools or spas are being proposed, nor are they allowed under DCC. Any ice machine provided to campers will comply with ODA regulations as required by Subsection (g). All buildings and campground structures will comply with State Building Code and applicable rules under Subsection (h). No LPG station is being proposed under subsection (k), and no hostel is being proposed at the campground under Subsection (m). When required, the applicant will have all park and camp design plans be prepared by a registered design professional as required by Subsection (n). The Hearings Officer denied the application because she found that showers required and that applicant had proposed to "drill holes". Applicant is now proposing showers. All wastewater will be connected to the septic system, which will meet DEQ standards and is sufficient for the proposed use. The Hearings Officer reasoned that this standard may be met with a condition of approval that requires the campground water supply system to comply with applicable regulations in OAR 333-031 and 333-061 and applicant accepts such a condition. Similarly, applicant will accept a condition of approval requiring that the septic system comply with applicable requirements. With respect to lavatories, the Hearings Officer found that Table 3-RV requires both toilets and lavatories. Applicant is now proposing to have washing stations in the restroom with running water with wastewater directed to the septic system that complies with all applicable regulations. Applicant has already received approval for a septic system and the applicants engineer has provided additional information and to the sufficiency and feasibility of that septic system. The Hearings Officer also found that additional information is required to determine that the toilets will comply with ADA requirements. It is highly unusual to require building plans at the land use stage and it is unclear why compliance with building codes cannot be required as a condition of approval as that evaluation is technical in nature. As discussed below, Applicant will comply with the requirements of OAR 918-650-0050. (2) Recreation Park and Organizational Camp Operating License Approved parks and camps must comply with any operating license requirements established by the Department of Human Services Oregon Health Authority. Applicant's Response: See the applicant response to OAR 333, Division 31 Operating Recreation Park and Division 61 Drinking Water, above. { 19400001-0127583 2; 2 } 30 OAR 918-650-0035 Plans and Specifications (1) Plans. With each application for a plan review the applicant must submit two sets of construction plans and specifications. Plans and specifications must be drawn to scale, of sufficient clarity to indicate the nature and extent of the work proposed and to show in detail that the construction will conform to all relevant laws, rules and regulations of the State of Oregon pertaining to recreation parks and organizational camps. NOTE: The construction shown on these plans may contain construction details required by other rules or regulations in order to aid other agencies in determining compliance with their coordinating regulations. (2) Design. All plans must be designed in accordance with the requirements of the various codes and administrative rules and, where required, must be designed by a registered design professional. (3) Plan Format and Sequence. The following plan format and sequence specification are guidelines for both the designer and the plan reviewer. Deviations are permitted from strict compliance with the plan format and sequence specifications when such deviation will produce the same result: (a) The cover sheet of each set of plans must give the following: (A) The name of the recreation park or organizational camp and the location (vicinity map); (B) The name of the owner; (C) The name of the operator; (D) The name of the person who prepared or submitted the plans; (E) The symbols used; and (F) The design maximum occupancy load for organizational camps. (b) The plot plan (on a separate sheet) must include: (A) Both proposed and existing construction; and (8) A scale drawing of the general layout of the entire recreation park or organizational camp showing property survey monuments in the area of work and distances from park or camp boundaries to public utilities located outside the park or camp (indicated by arrows without reference to scale). EXCEPTION: When the work involves an addition to, or a remodeling of, an existing recreation park or organizational camp, the plot plan must show the facilities related to the addition and/or the facilities to be remodeled. (4)(a) The following features must be clearly shown and identified: {19400001-01275832;2} 31 (A) The permanent buildings (dwellings, mobile homes, washrooms, recreation buildings, and similar structures); (8) The fixed facilities in each space (fire pits, fireplaces or cooking facilities); (C) The property line boundaries and survey monuments in the area of work; (D) The location and designation of each space by number, letter or name; and (E) Plans for combination parks must also show which portions of the parks are dedicated to camp ground, organizational camp, mobile home park, picnic park, recreational vehicle park and joint use. (b) Park and organizational camp utility systems must be clearly shown and identified on a separate sheet: (A) Location of space sewer connections, space water connections and service electrical outlets; (8) Location and source of domestic water supply; (C) Location of water and sewer lines (showing type, size and material); (D) Park or camp street layout and connections to public street(s); (E) Disposal systems, such as septic tanks and drain fields, recreational vehicle dump stations, gray water waste disposal sumps, washdown facilities, sand filters, and sewer connections; (F) Fire protection facilities, such as fire hydrants, fire lines, tanks and reservoirs, hose boxes and apparatus storage structures; (G) Solid waste disposal system and solid waste collection features, such as refuse can platforms and supports, and wash -down facilities; and (H) Liquid Petroleum Gas (LPG) tanks and gas lines. (c) Park Topography. Park topography must be shown in the area of work when any existing grade or slope exceeds five percent. Applicant's Response: See the attached Site Plan, drawings and related sheets addressing information required by this rule. The Hearings Officer denied the application because the plans did not show a shower. Applicant is now proposing shower facilities. OAR 918-650-0045 General Construction Requirements General: (1) Combination Parks. The portions of combination parks which are dedicated to campground, organizational camp, picnic park, mobile home park or recreational vehicle park use must be identified { 19400001-01275 83 2; 2 } 32 and each use must comply with the applicable regulations. Jointly used areas must be designated accordingly. Applicant's Response: The applicant is proposing only a campground. (2) Space Separation and Designation. Building or space separation and space designation must be as follows: (a) The distance between buildings must be as required in the Oregon Structural Specialty Code; (b) The distance between spaces must be as provided in OAR 918-650-0055(1); (c) Spaces must be identified by signs or markings corresponding to the letters, numbers or names indicated on the approved plans. Applicant's Response: See Site Plan for distances between spaces and corresponding space and yurt numbers. (3) Access. Each space designed for vehicular use within a recreation park or organizational camp must have direct access to a park, street or road. The access may not be obstructed by grade or vertical clearance. The entrance to roads with impaired clearance must be provided with warning signs. Applicant's Response: See previous discussions and the attached Site Plan regarding park access to camp sites and yurts. The access to the proposed campground is not obstructed by grade or vertical clearance and the existing access entrance to the residence and proposed campground will be improved, as necessary, to meet ODOT standards, including vision clearance. (4) Street Width. Park streets intended for use by the public must be of adequate width to accommodate the planned parking and traffic load. Each traffic lane must be ten feet minimum width. Where parking is permitted on park streets, each parking lane must be ten feet minimum width. All two-way streets without parking must be 20 feet minimum width. Applicant's Response: The proposal includes a 20-foot dust free graveled road. No parking is proposed along the camp access road. (5) Connection to a Public Way. The park street system must have direct connection to a public way. Applicant's Response: The proposed campground access has direct connection to Highway 97, a public way. (6) Park Roads and Streets. Roads and streets intended for use by the public must be designed for minimum nine -ton gross loads and streets and walkways must be well drained. The street surface may be asphaltic -concrete, portland cement concrete, crushed rock, gravel or other approved surface material. Applicant's Response: The first portion of the camp access road is an existing driveway serving the residence currently located on the subject property. This portion of the proposed camp access road {19400001-01275832;2} 33 will be improved, as necessary, for minimum nine -ton gross load, with crushed rock, gravel or another approved surface material added, and for proper drainage. The remaining portion of the proposed camp access road is new and will be designed to be well drained, for minimum nine -ton gross load, and made of crushed rock, gravel, or other approved surface material. (7) Cleanable Construction. Fireplaces, fire pits or cooking facilities must be of cleanable construction and designed to permit easy removal of ash and other waste. Applicant's Response: The proposed communal gathering area will include a fireplace and a propane grills that are made of cleanable construction and designed to permit easy removal of ash and other waste. No campfires or BBQs pits/stands will be allowed at camp sites or yurts, except for small propane camp stoves, and propane range, stoves or grills that are licensed to be attached to camper, trailer or motor home, or as licensed for inside a yurt. (8) Screens. All openings, except doors with self -closing devices, into the outer air of permanent kitchens, dining rooms, toilets and shower facilities must be effectively screened. Screens may not be less than sixteen mesh per inch, and all screen doors must be equipped with a self -closing device. Applicant's Response: Applicant will install compliant screens in any openings on permanent facilities. (9) Solid Waste Containers. Solid waste containers must be in place at the time of final inspection. Solid waste containers or bins must: (a) Have tight fitting lids, covers or closable tops; and (b) Be durable, rust -resistant, water tight, rodent -proof and washable; (c)(A) Containers in recreational vehicle parks must be provided at a rate of one 30-gallon container for each four recreational vehicle parking spaces and be located within 300 feet of each recreational vehicle parking space. Containers may be grouped; (B) Containers in picnic parks, campgrounds and organizational camps must be provided at a rate of one 30-gallon container for each 20 occupants or fraction thereof that the camp or park is designed to accommodate. Containers may be grouped. EXCEPTION: The requirement for solid waste containers in picnic parks, campgrounds and organizational camps may be waived by the regulating authority for areas not accessible by road. Applicant's Response: A trash receiving area for solid waste is proposed as part of the campground, and will include a 3-yard dumpster, which will exceed this standard container size. A container for recycling will also be provided. (10) Water Systems in Flood Zones. Potable water systems located in, or partially in flood zones, must be provided with valves to isolate that portion of the system in the flood zone from the rest of the system, { 19400001-0127 583 2; 2 } 34 and fittings must be installed to permit flushing and treatment of the flood zone portion of the water system. Applicant's Response: The subject property is not within the flood zone and this rule does not apply. OAR 918-650-0050 Toilets (1) Toilet facilities must be provided in every recreation park or organizational camp. They must be convenient and accessible and must be located within 500 feet of any recreational vehicle space or camping site not provided with an individual toilet facility or sewer connection. EXCEPTION: The requirement for toilets in picnic parks, campgrounds and organizational camps may be waived by the regulating authority for areas not accessible by road. Applicant's Response: The applicant is proposing a toilet facility with a floor drain connected to the septic system that will be within 500-feet of all camp spaces and yurt sites. Convenient access from all campsites, along with ADA access from Yurt #5, will also be provided. Applicant will provide directional signage to facilitate travel to the toilet facility. (2)(a) Sanitary facilities must be as required in Table 3-RV; (b) Toilet Bowls. Toilet bowls for public use must be elongated bowls with open front seats. Any room with flush toilets must be provided with a floor drain as required in the Oregon Plumbing Specialty Code; (c) Signs. Toilets must either be marked for the designated sex or be provided with a privacy lock. If not apparent, the location of toilets must be indicated by appropriate direction signs; (d) Flush Toilets and Showers. Flush toilets and showers and the buildings containing them must be constructed in accordance with the State Building Code; (e) Unisex Toilets. Toilet facilities designed to serve an occupant load of 15 persons or less may serve both sexes. Such toilet facilities must be equipped with a urinal. Applicant's Response: While only toilets must be provided pursuant to OAR 918-650-0050(1) (OAR 918-650-0050(2)(d) simply states that if showers are provided, they must meet the state building code), Applicant is nonetheless proposing shower facilities that will meet all building code requirements and provide two sperate shower stalls to enhance the visitor experience. Consistent with Table 3-RV for 15 campsites, Applicant is proposing a toilet (2-seater). The toilets, showers, and sinks will all connect to the septic system. The rooms will be marked for the designated sex and provided with a privacy lock and will have hand washing facilities. The toilets will have sinks within the facility as well as floor drains. Applicant will provide appropriate directional signage and otherwise comply with the plumbing code. OAR 918-650-0055 Special Rules for Organizational Camps Applicant's Response: The applicant is not proposing an organizational camp as part of the campground. This rule for sleeping spaces does not apply. {19400001-01275832;2} 35 OAR 918-650-0065 Temporary Recreation Parks Applicant's Response: The applicant is not proposing a temporary park. This rule does not apply. OAR 918-650-0070 Alternate, Materials and Interpretations; Appeals Applicant's Response: The applicant will work with the local building officials if the use of any alternate material, design, or method of construction for the proposed use that is considered that the rules do not specifically prescribe, and will seek building official approval of such alternative(s). Applicant's Overall Conclusion: The proposed meets or exceeds all applicable approval criteria for proposed use. The Applicant concurs with the conditions of approval recommended by the Hearings Officers. 119400001-012 7 583 2; 2 } 36 Attachment A The following is the Applicant's Response to DCC 18.128.015 General Standards Governing Conditional Uses. "In addition to the standards in the MUA Zone and specific use standards, the proposed conditional use is to comply with the following general standards: B. The proposed use shall be compatible with existing and projected uses on surrounding properties based on the factors listed in DC 18.128.015(A). In order to show that the proposed use is "compatible with ... surrounding properties," the applicant identified a study area that includes all abutting properties, along with some immediately adjacent properties. The applicant used State Highway 97, Ft. Thompson Lane, Suzanne Lane and portion of Harris Way, generally, as the boundary of the study area. The total study area (see table below) is approximately 102-acres in size, including the subject property. The following Table A lists each of the tax Tots within the <original> study area, existing use, any projected use, the approximate distance from the existing use or nearest property line of vacant parcels, and other factors that show why the proposed use is compatible with existing and projected uses on surrounding properties: Table A, Original Study Area: Tax Map Size / location from subject property Existing use Projected use Approximate distance from proposed use Other Relevant Factors 1712040000700 10.86 ac / directly north Residence- 64089 N Hwy 97 355 ft from residence Partial screening from subject trees and residence's vehicle parking area and accessory structures 1712030000115 & 47.28 ac / north vacant Approved 430 ft from south Proposed use will not impede the 1712040000601 dude Ranch (247-16- property line of future dude ranch property ability to develop the dude ranch 000057-SP / 58-CU) 1712030000101 3.22 ac / north Kennel- 64155 N Hwy 97 1,480 ft from kennel Partial screening from subject trees, kennel parking area and neighbor's residence. Future dude ranch is to be sited between campground and kennel 1712040000600 6.68 ac / north Residence- 20755 Thompson 1,335 ft from residence Partial screening from subject trees. Future dude ranch is to be sited between campground and use Ln 171204000900 4.76 ac / south Residence- 64025 N Hwy 97 345 ft from residence Partial screening from subject trees and neighbor's residence, vehicle parking area and accessory structures 171204000901 5 ac / directly south Residence- 64023 N 494 ft from residence Partial screening from subject trees and residences' accessory structure Hwy 97 { 19400001-01275 8 3 2; 2 } 37 171204000902 4.71 ac / directly south Residence- 64024 N Hwy 97 120 ft from residence Partial screening from subject trees and residences' vehicle parking area and accessory structures 171204000515 4.62 ac / west Vacant Residence 100 ft from tax lot 5155 east property line Screening provided by subject trees, 100' setback, and rocky terrain in area 171204000514 5.28 ac / west Vacant Residence 100 ft from tax lot 514 east property line Screening provided by subject trees, 100' setback and rocky terrain in area 171204000512 4.71 ac / northwest Residence- 641110 Harris Way 655 ft from residence Screening from subject trees and terrain 171204000511 4.96 ac / northwest Residence- 64120 Harris Way 940 ft from residence Screening from subject trees and terrain N/A Hwy 97 / directly east Highway arterial Highway arterial 340+ feet from R/W Proposed use meets LM Zone Size of Study Area Sufficient For the reasons described below, including increased distances between uses, topography and vegetation present in the area, establishing a larger study would not alter the results of the required analysis. In response to this point, the CDD writes in the review of the application that the burden of proof: "... provides a limited study area when addressing compatibility. Although some aspects of the project are addressed here, it does not address all factors identified under DCC 18.128.015(A). Please address these code sections with more detail as they pertain to the project." (Page 4 CDD 5/31/19 letter). The May 31st letter from CDD refers the applicant to other cases in the county, one involving a campground and one involving a park, and the operating characteristics from those uses, "which included noise and view impacts." However, the contrast between those two proposals and the proposed campground herein is huge, particularly since there are no "view impacts" raised or associated with the view of the subject 64061 N. Highway 97 property. The subject property is not located near or adjacent to a state or local park or trailhead. Noise impacts are evaluated and mitigation measures set based on site characteristics, the noise being generated, and distance(s) from noise sensitive uses. A noise study was performed and is included as attachment to address potential noise impacts and whether any mitigation measures are required. None of these factors identified by staff warrant a larger study area to properly evaluate compatibility than the one described above in Table A for 102-acres. Nevertheless, for the sake of showing even further compliance with applicable criteria, the study of existing and projected uses on surrounding properties has been expanded to include a much larger land area. It's important to note that DCC doesn't specify a specific size of a study area in these situations, but rather they are to be determined based on the specific situation and area, including operating characteristics of the proposed use, and the level of noise and other potential negative impacts associated with the proposed use and activities. Expanded Study Area The following table lists each of the tax Tots within the "expanded" study area only and not those lots located within the original study area boundary described in Table A, above. Table B, below, includes {19400001-01275832;2} 38 for each property the size, location, existing use, any projected use, and the approximate distance from the existing use or the nearest property line of vacant parcels. Other relevant factors that show why the proposed use is compatible with existing and projected uses on surrounding properties are also listed: Table B, Expanded Study Area: Tax Map Size / location from subject property Existing use Projected use Approximate distance from proposed use Other Relevant Factors 1712040000205 9 ac / Northwest Residence 20690 Fort Thompson Ln 2,145 feet from residence 1712040000202 1 ac / Northwest Residence 20680 Fort Thompson Ln 1,900 feet from residence 1712040000506 9.12 ac / Northwest Residence 64130 Harris Way 1,570 feet from residence 1712040000503 6.2 ac / Northwest Residence 64115 Harris Way 1,400 feet from residence 1712040000505 7.36 ac/ West Vacant Residence 850 feet from east property line of Tax Lot 500 1712040000500 10.96 ac / West Vacant Residence 800 feet from east property line of Tax Lot 500 1712040000501 16.16 ac / West Residence 20620 Bowery In 1,520 feet from residence 171209A001100, 001200, 001300 & 001400 3.75 ac / Southwest Vacant, except accessory structure on TL 1200 Residence 850 feet from the NE corner of Tax Lot 1300 171209A000900 4.28 ac / South Residence and accessory structures 20710 Bowery In 910 feet from residence 171209A001000 1.32 ac / South Residence 20730 Bowery Ln 1,028 feet from residence 1712030000500 13.6 ac / Southeast Vacant Residence 665 feet from the west property line of Tax Lot 500 Property is located on the opposite side of Highway 97 1712030000400 6.77 ac / Southeast Residence 64040 N Hwy 97 637 feet from the residence Property is located on the opposite side of Highway 97 from project, with home site located close to the highway's east right-of-way. 1712030000401 8.10 ac / East 2,500 sf metal pole building 64054 N Hwy 97 Residence 730 feet from the pole building Property is located on the opposite side of Highway 97 from project, with pole building about 100 feet from the highway's east right -of - way. 1712030000202 4.49 ac / East Residence 64070 N Hwy 97 950 feet from residence Property is located on the opposite side of Highway 97 from project. { 19400001-01275832; 2) 39 1712030000200 4.72 ac / East Residence/ Taxidermy 64090 N Hwy 97 1,400 feet from residence Property is located on the opposite side of Highway 97 from project. 1712030000102 12.65 ac / Northeast Mobile Home Park 64100 N Hwy 97 1,190 feet from the closet MH Property is located on the opposite side of Highway 97 from project. 1712030000106 .94 ac / Northeast Residence and accessory structure 64134 N Hwy 97 1,649 feet from residence Property is located on the opposite side of Highway 97 from project. 1712030000100 1.14 ac / Northeast Residence and accessory structure 64130 N Hwy 97 1,807 feet from residence Property is located on the opposite side of Highway 97 from project. 1712030000108 4.61 ac / Northeast Storage buildings Residence 1,584 feet from SW corner of Tax Lot 108 Property is located on the opposite side of Highway 97 from project. 1712030000107 1.72 ac / Northeast Residence and accessory structures 64176 N Hwy 97 2,210 feet from residence Property is located on the opposite side of Highway 97 from project. 1712030000103 8.01 ac / Northeast Residence 64190 N Hwy 97 2,498 feet from residence Property is located on the opposite side of Highway 97 from project. NOTE: Land owned by Deschutes County (1712040000100 & 30000800), located on the north side of Fort Thompson Lane, is over 187-acres in size and extends east to west on both sides of Highway 97. Given the distance from the subject property, operating characteristics of the proposal, terrain, existing and projected uses located between these lands and lack of any current use, these county - owned lands are not included within the expanded study area boundary. Table C, Summary of Existing and Projected Uses within both Study Areas of Surrounding Properties Use Original Study Area Expanded Study Area Total from Both Study Areas Existing Residences 7 14 21 Other Existing Uses Kennel, accessory structures and highway R/W MH Park, Taxidermy, vehicle storage, and accessory structures NA Projected Residences 3 6 9 Other Projected MUA Uses Approved (not yet built) dude ranch. Other uses permitted outright included farm, forest, road and irrigation related uses and Type 1 home occupations Other uses permitted outright under MUA Zone include farm, forest, road and irrigation related uses and Type 1 home occupations NA Projected Uses Beyond Current Zoning Highway related and or big -box commercial uses and high -density residential uses if land is included in UGB In order to show that the proposed use is compatible with existing and projected uses on surrounding properties, the applicant must consider the following "general conditional use factors" listed in DCC 18.128.015(A). { 19400001-01275 83 2; 2 } 40 Factor 1, Site, design and operating characteristics of the use: Based on the location and layout of the proposed use, camp management and rules, and how people and vehicles might typically behave in a dry -campground setting, the Operating Characteristics associated with the proposed campground include: a. Being open year-round, although the developer anticipates low use during winter months. b. This is a dry campground (no utilities/RV hook ups on individual sites). Toilets (M/F), potable water faucet for drinking and washing dishes, grease drain for dishwater, and trash area will be provided in a nice setting. c. Along with shorts walks to reach the natural canyon feature and viewpoints, there will be a social gathering area with gazebo and the only designated and allowed fireplace in the entire campground. The attached Site Plan shows the communal area's location and how it is partially enclosed by the 20' lava rock feature located to the north and west. d. There will be no large group campouts and no services offered to non -guest. e. Parking is limited to one vehicle for each of the 15 spaces. No parking off of access road. f. Quiet hours will be from 10pm to 6am. g. No delivery or catering vehicles will be entering the campground. Those authorized for maintenance and or repair work at the campground will have access by way of the caretaker. The proposed campground footprint site is .9-acres in size and near the center of a 9.53-acre parcel, where 80% will be open space. The applicant designed the camp access, spaces and structures to minimize ground disturbance with a 20-foot graveled road, only 15 spaces, no parking lot, avoiding trees, whenever possible, while meeting DCC for proper access. For the reasons discussed further, considering the site, design and list of operating characteristics of the use, the proposed 15-space no hook-up campground (with communal area) is compatible with the existing and projected uses on the surrounding properties listed above in Tables A and B, above. The distance of the proposed use from existing residences and the nearest property line of vacant parcels in the expanded study area (Table B) is over 800 feet. Many are on the opposite side of Highway 97 from the subject property. The other projected uses, besides dwellings, allowed within the study areas would be those permitted outright in the MUA-10 Zone under DCC 18.32.020. The proposed campground is compatible with these uses being related to farm, forest, road and irrigation uses. Any Type 1 home occupation existing or permitting, would not be negatively impacted by the proposed use due to distance from existing dwellings and vacant parcels, and the nature (definition) of type 1 home occupations being indistinguishable from a residence. The applicant does not believe the code calls for evaluating compatibility with 36 land uses listed as conditional uses in the MUA-10 Zone under 18.32.030, particularly those that are not in existence or likely to exist. Likewise, any proposed conditional uses within the study area will have to show compatibility with existing and projected uses on surrounding properties. Any Incompatibility of land uses will be evaluated at the time an application is made for a conditional use on a study area parcel. Under state land use standards, projected uses beyond the current MUA-10 Zone would most likely be the results of a Bend UGB expansion north along the highway. Projected uses would most likely be similar to the land uses -already -along -Highway 97, including big box_ retail,building supplies, shopping mall, restaurants, road services, and high -density residential development, and would most likely {19400001-01275832;2} 41 result an expansion of the UGB. A dry campground, if push comes to shove, could easily be redeveloped to an urban use.' Factor 2, Adequacy of transportation access to the site: Because the transportation access to the site is more than adequate, the proposed use is compatible with the existing and projected uses on the surrounding properties listed above. Factor 3, Natural and physical features of the site...: Because the site terrain is relatively flat, dense with trees, and scattered with lava rock features (some buffering uses), and the lack of natural hazards, the proposed use is compatible with the existing and projected uses on the surrounding properties listed above. The natural terrain and trees located on the property, and limited number of campsites, help to isolate or screen the site from surrounding uses. The factors listed under DCC 18.128.015(A) and summarized above, alone, support the conclusion that that the proposed use is compatible with existing and projected uses on surrounding properties located within the Study Area under Table A and B. These and other factors (listed below) interrelate to the required factors to consider and further support this conclusion: 1. Distance Factor: Often excessive noise is a basis for neighbors to find the use is not compatible with surrounding use. The proposed use is setback and separated from existing uses reducing potential noise that may possible reach these uses. Noise from highway traffic generally would further mask any potential noise generated by the proposed use. The closest residence being to the south of the proposed use a distance of about 120 feet. All other existing uses being over 300 yards from the proposed use. 2. Terrain Factor: View of a use is another basis one may find for a use not to be compatible. The topography of the study area is relatively flat to gentle slopes, which helps minimize the amount of view seen from surrounding uses and highway. This is especially true with the established tree canopy on the property, maximum height of parked RVs (below 11'6") and limited campground structures being proposed. The rocky features located on the property and in this general area also provided additional screening of the proposed use from surrounding uses. 3. Visual Screening Factor: Partial or full visual screening will be maintained from the existing and potential uses within the study area with the campground being proposed in the center of the subject property amongst the trees and rocky features that will be maintained. See discussion under LM Zone regarding how existing vegetation and location of the campground within the densely covered canopy eliminates or nearly eliminates any view from surrounding uses. 4. Limit on Intensive Use Factor: The proposed use is further rendered compatible by the codes' limit placed on a "campground" not to include "intensely developed recreational uses such as swimming pools or tennis courts or commercial activities such as retail sales or gas stations." (DCC 18.04, Definitions). 6 Cities are required to plan for projected growth consistent with state law. Bend is growing and the transportation system is evolving. It's not a matter of if, but when. It is another possibility that state land use regulators could provide other opportunities for urban development within the Study Area based on economic and or affordable housing policies, similar to recent legislation on streamlining affordable housing. {19400001-01275832;2} 42 5. Harmony with Known Projected Use Factor: In 2017, a large dude ranch development was approved north of the subject property within the original Study Area, in Table A, above. The approval of this large development is a good indication of the carrying capacity of this area of the county to accommodate additional tourist related developments. The proposed 1-acre campground with only 15 spaces is compatible with this approved use, and could serve as nearby camping for friends/family staying at the dude ranch. The proposed use will also not infringe the ability of the neighbor's further north to fully develop the dude ranch as approved. 6. Low Noise Factor: An acoustical engineer walked the property and indicated in the attached report that, based on the operation of the campground "the noise level estimates indicate that the DEQ noise standards would not be exceeded at nearby residential property lines. This is an important factor demonstrating that the proposed use is compatible with existing use surrounding the subject property." This has been considered previously by the county an important factor to consider when reviewing outdoor activities and uses, mass gatherings, weddings, and campground proposals. The applicant has presented the required documentation to show compliance with DEQ noise standards and this standard. Applicant will be required to comply with DEQ and County noise standards. 7. Neighbor Factor: In response to the neighbor, the developer made considerable revisions to the project and has chosen to reduce the number of campsites from 28 to 15 so as to retain all, if not most, of the natural features and trees located on -site. This will help to blend the proposed use with surrounding uses and reduce any potential negative conflicts with neighboring lands. Conversations with some of the land owners in the area in support of the proposal note the project will be good for the local economy and properties by the improvements being proposed and by the acting as a catalyst for other small economic development projects in the area. Therefore, the proposed use is compatible, or calculated to be compatible, with existing and projected uses on "surrounding properties" based on the factors listed in DC 18.128.015(A). These factors relate to site, design and operating characteristics, transportation access being adequate for the use, the on -site natural features, terrain of the area, and the lack of any known natural hazards on the property. Compatibility is further demonstrated by the lack of any DEQ noise issues and by the redesigning of the project based on the initial concerns and questions expressed from the closest neighbor and county departments. {19400001-01275832;2} 43 BECON, LLC Civil Engineering and Land Surveying 549 SW Mill View Way, Suite 100 • Bend OR, 97702 • 541.633.3140 • beconeng.com WATER SUPPLY MEMORANDUM Project: Roadhouse Ranch Campground Project Address: 64061 N Hwy 97, Bend, OR 97701 Date: November 24, 2020 To: Deschutes County From: Erik Huffman, PE, PLS To whom it may concern, This memo is intended to address water use and supply infrastructure for the proposed campground at 64061 N Hwy 97 in Deschutes County, Oregon (Tax Lot 1712040000800). This memo describes the scale of the water demand and water supply system for shower/restroom facilities and other campground uses. Existing System: The original State of Oregon "Water Supply Well Report" dated 2/25/1996 shows that the site is served by a rotary air drilled well providing 18 gal/min. A conservative pump size of 5 gal/min is assumed adding an additional safety factor to the calculations. Additionally, an existing water reservoir cistern that is proposed to be connected to the system adds approximately 2,500 gallons of water capacity on -site. Design Criteria: System Demand: System demand is calculated based on average daily design flows recommended in "Water Use in Forest Service Recreation Areas: Guidelines for Water System Designers" (Kathleen Snodgrass. USFS. September 2007). Per Table 6: Camping Facility (With flush toilets and showers) = 20-40 gallons per day per person Based on the absence of utility hookups and proposed use of low flow, water saving toilets, showers, and other fixtures, water demand of 30 gal/day/person is used for the following calculations. 50 person total -campground -capacity -X_30-gallons per person _per .day =1,500 gallons per day ._ (Proposed) Page I 1 BECON Roadhouse Ranch .and Car tip Findings: The existing water supply system (well, pump, cistern) on -site is sufficiently sized to accommodate the proposed campground use based on the design criteria and calculations shown above. If, at peak usage, demand exceeds the well pumping capacity, water held in the cistern can handle any short-term flow needs for the site. If you have further questions please contact me. Sincerely, Erik Huffman, PE, PIS (541) 633-3140 ehuffman@beconeng.com Attachments: A) Water Use in Forest Service Recreation Areas: Guidelines for Water System Designers (Kathleen Snodgrass. USFS. September 2007). BECON Page 12 I RN BECON, LLC BECONCivil Engineering and Land Surveying 549 SW Mill View Way, Suite 100 • Bend OR, 97702 • 541.633.3140 • beconeng.com SEPTIC SYSTEM MEMORANDUM Project: Roadhouse Ranch Campground Project Address: 64061 N Hwy 97, Bend, OR 97701 Date: November 24, 2020 To: Deschutes County From: Erik Huffman, PE, PLS This memo is intended to address upcoming alterations to the property at 64061 N Hwy 97 in Bend, Oregon (Tax Lot 1712040000800). This memo describes the scale of the proposed septic expansion necessary to treat wastewater from shower and restroom facilities for the campground. Existing System: The site is served by one septic tank 1,000 gallons in size. The original tank was installed in 2014. The tank flows to a distribution box that leads a drainfield consisting of three 100 foot sections of 4" drain line constructed in 2014. Drop boxes are used between drainfield pipes to accommodate the unlevel drainfield. The existing system is designed for 450 gallons per day per Deschutes County septic permit 247-14- 001029-SEP, dated June 2014. Design Criteria: System Flow: System wastewater flow is calculated based on average daily design flows recommended in "Water Use in Forest Service Recreation Areas: Guidelines for Water System Designers" (Kathleen Snodgrass. USFS. September 2007). Per Table 6: Camping Facility (With flush toilets and showers) = 20-40 gallons per day per person Based on the absence of utility hookups and proposed use of low flow, water saving toilets, showers, and other fixtures, wastewater flow of 30 gal/day/person is used for the following calculations. 50 person total camp capacity X 30 gallons per person per day = 1,500 gallons per day (Proposed) House = 450 gallons per day (Existing) Total Calculated Flow = 1,950 gallons per day Page I 1 BECON Septic Tank Sizing Criteria: The site is proposed to be used as a campground, while retaining the existing house. The campground is designed with 15 spaces, each limited to 4 people, with a 50 person total capacity for the entire campground. Septic tank size guidelines indicate that tanks are to be sized at twice the average daily flow. For the added flow of 1,500 gallons per day, the minimum septic tank size is 2 X 1,500 gallons per day = 3,000 gallons for the proposed new use. The existing 1,000 gallon septic tank for the residence is to remain. Findings: Septic Approval: Test pits were excavated in multiple areas of the subject property to determine septic feasibility. Deschutes County issued Commercial Septic Site Approval 11/07/2019 (247-19-001217-EVAL). The site was approved with a capacity of 1,500 gal/day, meeting the design system flow as shown above, and requiring 1,000 lineal feet of standard drainfield. Drainfield location and required replacement area are shown on the Site Plan (Sheet C-02 07/30/2020). In addition to the proposed and approved system serving the campground facilities, the existing system serving the residence is to remain in place as currently functioning. If you have further questions please contact me. Sincerely, Erik Huffman, PE, PLS (541) 633-3140 ehuffman@beconeng.com Attachments: A) Water Use in Forest Service Recreation Areas: Guidelines for Water System Designers (Kathleen Snodgrass. USFS. September 2007). BECON Page 12 BECON, LLC Civil Engineering and Land Surveying 549 SW Mill View Way, Suite 100 • Bend OR, 97702 • 541.633.3140 • beconeng.com SEPTIC SYSTEM MEMORANDUM Project: Roadhouse Ranch Campground Project Address: 64061 N Hwy 97, Bend, OR 97701 Date: November 24, 2020 To: Deschutes County From: Erik Huffman, PE, PLS This memo is intended to address upcoming alterations to the property at 64061 N Hwy 97 in Bend, Oregon (Tax Lot 1712040000800). This memo describes the scale of the proposed septic expansion necessary to treat wastewater from shower and restroom facilities for the campground. Existing System: The site is served by one septic tank 1,000 gallons in size. The original tank was installed in 2014. The tank flows to a distribution box that leads a drainfield consisting of three 100 foot sections of 4" drain line constructed in 2014. Drop boxes are used between drainfield pipes to accommodate the unlevel drainfield. The existing system is designed for 450 gallons per day per Deschutes County septic permit 247-14- 001029-SEP, dated June 2014. Design Criteria: System Flow: System wastewater flow is calculated based on average daily design flows recommended in "Water Use in Forest Service Recreation Areas: Guidelines for Water System Designers" (Kathleen Snodgrass. USFS. September 2007). Per Table 6: Camping Facility (With flush toilets and showers) = 20-40 gallons per day per person Based on the absence of utility hookups and proposed use of low flow, water saving toilets, showers, and other fixtures, wastewater flow of 30 gal/day/person is used for the following calculations. 50 person total camp capacity X 30 gallons per person per day = 1,500 gallons per day (Proposed) House = 450 gallons per day (Existing) Total Calculated Flow = 1,950 gallons per day Page ( 1 BECON )adhouse Ranch and C,arrip Septic Tank Sizing Criteria: The site is proposed to be used as a campground, while retaining the existing house. The campground is designed with 15 spaces, each limited to 4 people, with a 50 person total capacity for the entire campground. Septic tank size guidelines indicate that tanks are to be sized at twice the average daily flow. For the added flow of 1,500 gallons per day, the minimum septic tank size is 2 X 1,500 gallons per day = 3,000 gallons for the proposed new use. The existing 1,000 gallon septic tank for the residence is to remain. Findings: Septic Approval: Test pits were excavated in multiple areas of the subject property to determine septic feasibility. Deschutes County issued Commercial Septic Site Approval 11/07/2019 (247-19-001217-EVAL). The site was approved with a capacity of 1,500 gal/day, meeting the design system flow as shown above, and requiring 1,000 lineal feet of standard drainfield. Drainfield location and required replacement area are shown on the Site Plan (Sheet C-02 07/30/2020). In addition to the proposed and approved system serving the campground facilities, the existing system serving the residence is to remain in place as currently functioning. If you have further questions please contact me. Sincerely, Erik Huffman, PE, PLS (541) 633-3140 ehuffman@beconeng.com Attachments: A) Water Use in Forest Service Recreation Areas: Guidelines for Water System Designers (Kathleen Snodgrass. USFS. September 2007). BECON Page 12 BECON, LLC Civil Engineering and Land Surveying 549 SW Mill View Way, Suite 100 • Bend OR, 97702 • 541.633.3140 • beconeng.com WATER SUPPLY MEMORANDUM Project: Roadhouse Ranch Campground Project Address: 64061 N Hwy 97, Bend, OR 97701 Date: November 24, 2020 To: Deschutes County From: Erik Huffman, PE, PLS To whom it may concern, This memo is intended to address water use and supply infrastructure for the proposed campground at 64061 N Hwy 97 in Deschutes County, Oregon (Tax Lot 1712040000800). This memo describes the scale of the water demand and water supply system for shower/restroom facilities and other campground uses. Existing System: The original State of Oregon "Water Supply Well Report" dated 2/25/1996 shows that the site is served by a rotary air drilled well providing 18 gal/min. A conservative pump size of 5 gal/min is assumed adding an additional safety factor to the calculations. Additionally, an existing water reservoir cistern that is proposed to be connected to the system adds approximately 2,500 gallons of water capacity on -site. Design Criteria: System Demand: System demand is calculated based on average daily design flows recommended in "Water Use in Forest Service Recreation Areas: Guidelines for Water System Designers" (Kathleen Snodgrass. USFS. September 2007). Per Table 6: Camping Facility (With flush toilets and showers) = 20-40 gallons per day per person Based on the absence of utility hookups and proposed use of low flow, water saving toilets, showers, and other fixtures, water demand of 30 gal/day/person is used for the following calculations. 50-person total -campground .-capacity X30_gallons _per .person per day=__1.5OO_gallons per day (Proposed) Page I 1 BECON I .%N D St 1,1,1 S1. 1A/atSupply Memo Findings: The existing water supply system (well, pump, cistern) on -site is sufficiently sized to accommodate the proposed campground use based on the design criteria and calculations shown above. If, at peak usage, demand exceeds the well pumping capacity, water held in the cistern can handle any short-term flow needs for the site. If you have further questions please contact me. Sincerely, Erik Huffman, PE, PLS (541) 633-3140 ehuffman@beconeng.com Attachments: A) Water Use in Forest Service Recreation Areas: Guidelines for Water System Designers (Kathleen Snodgrass. USFS. September 2007). BECON Page 12 NO'J9HO'AJ.Nf1O0 SaUlHOS30 NVId 31I8 AMVNIWI138d L6 AMH N 1.90V9 AGNOV JO>I NMVHS t DNIAIIMIS eccscww ci Oe . 3'N..ID ZUM NO9380ON39 AtlMM3N IIra6V5 N 0 D 39 OZOZICZIL 3 V° BiL L n4 H NOV :SONMVd8 HOV -AB 03N0538 0 4 co LL N A yy� n4� U oag lia z a >- 1- cc z J w cc a. 0 1 0 w w w -J MI ICI 8 L-�J�._ g LL. / r 1 / v '--1- 3 z z 0 J m m 0 cc ih V I 0 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 Wednesday Meeting of January 27, 2021 DATE: January 21, 2021 FROM: Nick Lelack, Community Development, 541-385-1708 TITLE OF AGENDA ITEM: Code Enforcement Overview, Draft Update & Schedule BACKGROUND AND POLICY IMPLICATIONS: Community Development Department 2020-21 Annual Work Plan for Code Enforcement Projects. FISCAL IMPLICATIONS: None. ATTENDANCE: Nick Lelack, CDD Director; Angie Havniear, CDD Administrative Manager; John Griley, Code Enforcement; Dan Smith, Code Enforcement -DES 1U 0 Deschutes County Community Development Department Planning Building Safety Environmental Soils Code Enforcement -� P.O. Box 6005 117 NW Lafayette Ave., Bend, OR 97703 Telephone: 541-388-6575 www.deschutes.org/cd MEMORANDUM TO: Board of County Commissioners FROM: Nick Lelack, AICP, Director Angela Havniear, Coordinated Services Manager Code Enforcement Team DATE: January 21, 2021 SUBJECT: Code Enforcement Overview, Draft Update & Schedule Summary The Community Development Department 2020-21 Annual Work Plan includes the following Code Enforcement project: Evaluate and update the Code Enforcement Policy and Procedures Manual to: a. Implement BOCC direction on marijuana complaints and procedures which were not previously included; b. Align and implement the land use planning procedures with Deschutes County Code 22.20.015; c. Update based on other jurisdiction's best practices; and d. Clearly describe proactive enforcement actions such as tracking temporary use permits, replacement dwellings, and unpermitted second dwellings. The purpose of this agenda item is to initiate this evaluation and update by: 1. Providing a Code Enforcement program overview and answering Board questions about the program to provide a foundation for the evaluation and update; 2. Seeking Board direction in early February on the major Code Enforcement program elements and next steps; and 3. Presenting a decision matrices for discussion in February, including: a. Matrix 1-Major-program-elements. b. Matrix 2: Initial staff recommended program minor updates & Redline edit of 2014 Manual c. Matrix 3: Potential program amendments. Code Enforcement Program Overview Staff will provide a presentation summarizing the current Code Enforcement program: 1. History as summarized on page 3 in the attached Code Enforcement Policy and Procedures Manual, adopted October 20, 2014, as well as program changes since then, including: a. In 2014, the Board adopted amendments to DCC 1.08.025 Code Enforcement Powers to expand the list of authorized County officials to issue and prosecute citations for violations of the DCC. b. In 2015, the Board adopted amendments to DCC 22.20.15 (attached), amended in 2019 and 2020, to bring properties into compliance with Deschutes County land use regulations and/or prior land use approvals prior to approving any application for land use development or similar regulations or issuing a building permit. c. In 2016, CDD changed from primarily citing violations to Circuit Court to citing to a County Hearings Officer. The reasons were that state law changed to require citations to Hearings Officers for building violations prior to Circuit Court, so CDD cited all types of violations to a County Hearings Officer for consistency. CDD discovered that Hearings Officers are faster and more familiar with County Codes to hear and resolve cases. d. In 2016, the Board adopting a policy to accept anonymous complaints regarding potential unpermitted marijuana grows. e. In 2020, during the Building Code Update amendment process, the Board adopted amendments to DCC 1.16.034 Right of Entry to remain consistent with state law. This amendment allows code enforcement staff or the building official to make inspections or enforce DCC. f. In 2020 (effective January 1, 2021), housekeeping amendments to DCC 1.16. 2. CDD Team, including partners with the Legal Department, Solid Waste Department, Sheriff's Office, and Department of Environmental Quality, and contracts with and for services. Deschutes County Forester administers noxious weed Code Enforcement Program. 3. Jurisdiction; 4. Mission; 5. Purpose; 6. Philosophy / Operating Principles; 7. Priorities; 8. Basic process and resolution; 9. Number of cases by year and by discipline (building, planning, etc.); 10. Performance Measures; 11. Connection between and among Board policy, the Code Enforcement Policy and Procedures Manual, and DCC; and 12. Key issues. The Code Enforcement team will present current trends and issues. -2- Board Direction in February In February, staff will schedule a second Board work session to review and potentially seek direction on the attached matrices and seek direction on next steps. Board options for next steps (to be discussed in early February): 1. If the Board supports the program's mission, purpose, philosophy/operating principles, priorities, and basic process and resolution, or only minor amendments to these elements (Matrix 1), the process to update and amend the Code Enforcement Policy and Procedures Manual and Code (Matrices 2 and 3) may consist of staff -Board work sessions to draft the changes, followed by a public hearing, and adoption.1 If the Board selects this option, staff will schedule a third work session in early March to propose and discuss the draft amendments to be initiated for public review and public hearing(s) in early April, followed by Board adoption in late April. Project Timeline: January to April 2. If the Board supports amending the program's major elements, other significant changes (Matrices 1 and 3), or prefers a larger public process, the Board may decide to: a. Initiate the process in 1. above with public comments at each work session and in writing throughout the process, including the public hearing process; This process would follow a schedule similar to 1. with public outreach and scheduled time for public comments before the Board during the Code Enforcement Update work session agenda item. Project Timeline: January to April b. Direct CDD to establish a work group of stakeholders and citizens (unless the Board wishes to appoint members) to review and recommend revisions to the Board, followed by Board public hearing(s) and adoption;2 This process would consist of: • Establish a work group and conduct 2-4 meetings; • Conduct one Board update during the process, and seek Board direction if necessary on issue(s) where consensus is not reached; • Conduct a Board work session to present the work group's recommendations and seek direction to initiate the work group's proposed amendments; and • Conduct the public hearing, followed by Board adoption. Project Timeline: January to June 1 CDD completed this process during the 2014 Code Enforcement Policy & Procedures Manual Update. 2 CDD completed this process in developing and recommending amendments to DCC 22.20.015 in 2015. -3- c. Initiate another process. Project Timeline: To Be Determined. MATRIX 1: Major Code Enforcement Program Elements (FEBRUARY 2021) a i O o X H H a) a O+ = - o E~ , c m c u ,,, O -O C' c ra .� 6. 0.: • 0 - `c 0) ,,,,,.- vi E o. ' O ° 'o o c o m o- ° o E ao oE c o 'O Lo. H u is o. c o - O : m > m E re o' . m co o a `m 0 a :. o. w" D 3 a `-' •> E ac i a) a u 0 L ). a) 0 7 5 l6 C a _ O O- � N C � H u O E O d E O _52 'VI I: a) y L-. '. .' N C= a a Q u n c 3 c d :. C 'co 3 a T ,{->' C c N C .,L.. N C aL+ +L+ 0 GI'T c c> c c 9 m C ao m y E m V' 6^ v° a 3 0. v v • c o o E o, o Oil a c -0 Y 0 E 00 O Y ° a u ao + O r0 ra r0 C r0 N m 0 O L O N 0 O L O N CO u m L v u u N .--1 N ni V 0 4 > 2 d o w v c v j m a 'v .2 ., ,4 >o o r E v_ n v .. a a m ' '> E 5 o m 'o 0 '^ v C U �' o o O > a E N« '� a m o > .c0 v ,*v o r- o nE my N tt= +' O. c o . a a'o 0 E v 2 . m a C.'a «va c'mc .. cYwm c $ c a,O E v v� a E E .`o_ c. p m i i F- > 8 E' - iE E '7, 8a` v u° > 00 0. o. • 11'0m c d"dla3 v = L0 u .n 5 a °-' N m c Y .0 ;' 2 m M 11" u a O`d'riC` 5' 2 d ovoocC o. 3 ,. c>I,:9� 3 d C v 0 - a u 7= v m u vO S V c cz o E 1of; mu 5 ,'"-NZ o cvc00 E ' r t E a� v E c� �' o« uo m 01 E o 0 o r v -. E m s OO °u ,.n n a O Y 0 0 How we differ... Thy • • • • • = o � o v a E - O N w e L c o v o o c o 0 m 0 m 5 u c o aci ° u -a' 0 E t o E o> 9 ` E o .c `o_ o d d •m n ,t 'n O Y Y O. <Z V y 1 d 0 C �' L v y a� E o u Y N 0 c E ua '^oar nT. .'v'a w a u v v u.o 11 ,, v 0 v 0 v o n `w .i w o E v m «0 o voi $ 2 5', v n m m "£ `0 m L m E m ._ a n t� .. o • • a d • 2 d w0, vc v Ti 'Qv o m v Y c g c O m a 0 0 OI ` N ._ •T d 9 E c 0 1O L' E E. `^ a .- d +c T �n N �0 - d Y d 0. - C 'w 0 o E« m v 0 E 0 d E a a o E of 9 a a' % o E a: .d, x u .o y o o N a- u«` c .0 a O 0I o vroi I I 1 I 1 Y - I I c oPEI 9 2 N d E d • • ,n aci r u - 3 a) y oa ,L., E a O C C O O O � VI C oU a v v 0 _ (0 tl00 (0 0) C m 7 c o u o E E R v o > a k C > .0 C C > f0 v 0) rya o ' E '� f0 v c 3 0 3 o o .� v aci c o o is o c 2 c c 5 o a_ o is o m 5 i0 2 '(a ca O y ':,_2 m u O E> E E E E E ob a) a) 0) {O N ou {N 8 Ou u 11 2 C 7 O •U O0 N o •0 o 'a v cO O O E > > u +� L r0 c v E 5 op a6 on o 6 • c 0. m u o 4 U U 0 > > E C '10 C tO f0 W C C>« 0 U C C O r0 E 2 V 11 5 L m -p o .fl O 7 N •� "O : O. f7. • E a d o Eo ° E w E Q m>> cc p N '" c u u (a N al - •to a+ C T c 2 u u �� o Y t -E E y i, 'o o a d a o ra "E E c a w E `o 0 o f 0 L N IC u -O C C O. O N a) O C O '0 C v U , jEuOwawa2msU V p O u•N� x s• O C x 7 7 W ii0- 0 0 0 0 0 0 0 U 3 °..L 0. • 00 m r0 c c 5 •6•no 0. u°. Y.. @ E to a` a` u° a 0) o' 0 N�a E a0 a. n• .2 }• !0 --.al 0-..-0 E d 0 Lc c m N g 0) > u u 4= 10 r0 Cons of the confidentiality proce MATRIX 1: Major Code Enforcement Program Elements (FEBRUARY 2021) 0. u1 d oC r ,0 m 0 O *aim .0 o 3 E 0 - v c v m y u E c 2 ;a Or; a v O o y, O - c w .0 c u E t O o° c 0 n \O'^ O ,C2 E a' co t H L.i Q E N 0 6 > O 0 0 o.o E nco = o .0 `-1 c c m m 0 0 t 0° '- aci P• v O N Q �i U N [a u N N O a> Q v « C N CO0.)v -0 . C 0 3 > E c• o/ m yN yN Pros of defined tim V m N v V N a'' 0 E a c 'L : E N . - m U C ..0 O 3 : T U o V O '--. u c. or L,, _u m N pIII ww tO E i C o .J `1 _ C .« m o b. ° 0 3 w>> • 2 v a 00 E E v 0 . • Hoy Not CE effort is a balance of C 0 J n E o E a` 0 N m s a` 00 o 13 n m • YI 7 d C m .(11 a •U E Q O C u ar E 413 o O c E > W W f0 C ❑ 7 O Timelines for Injunction as a last resort Staff Comments Other Jurisdictions 0 0 0. a 0) c 0 bD C m o. C •v8 C E E if;•—E o 0'0 oB fo E c m c O m LL C O io Q '> 0 a a o E 3 0 c o v > 0 00 0_ m t. C m > - 0 C Oau C c O v O N 0 u n- 0 • • • C • 0 u Should fine schedule be progressive? 0 0 a. a U fma m L C « N O N v V j N E. x ar Z'" c a1L a g a m y E `0 v m m~ 0) ( 0 w E m a ._ .� a m a 9 1 U o C E >> 0 :o m, eu 2> N ` u .� '' c E T. m s t r v i' u' al Y i5 0 0) i' N m c E U `! io O u v a Z a p m « v c a v p > Z' m N O v� �^ CI p� ._ �> w C O a u p v U U a N° N '- c a' v v 3 c> °1 m y m o o f" v f0 t v v m a t o 'oo in 3 > m 0 ¢ ro 3 0o 00 a° 3 a io F' c ai .c 0 H of > 0 io To > vs c 77 0 O. 0 c > E 0 m y1 V a m 2 0 O L.0) mmz � •0t0 How we differ... enalty and Fines • 0 O m > v 0 0 01.1 0 on v., C t0 -13 K w 0 0 i c. ° - c 0 � 0 } . � co Other Jurisdictions ode Enforcement Program Elements (FEBRUARY 2021) MATRIX 1: Majo BOCC decision How we differ... § O. 443 n t ID 4E' c U Remove the policy and code MATRIX 2: Staff Recommended Program Minor Updates to Align Policy, Manual and Code (FEBRUARY 2021) ci N Pros and Cons 0 O {/i ' Q. Oo 4 E c C m • O c ;c � m ‘„00 3 a..a O. ' •O tDa O c v m N a on.X E w v o -o m m c O m a) m - E • Cons of this policy: • O O m Q „ N 0) 4' a o U c Y O •o o m To (0 s c o a m To 0 2 c a m m c • E w c v ccO E u E Q • N 2+ To ro C .. y a•+ On c t C N a) Eto Y W a) •fl N 7 • F_ , c FA v c c a, o 0 _C+ L 6 c a) o o ff •a o 4c y auia D To u O 'O 0) V y c o c m u E m O O N m U c c '° m o f0 0) N �1 7 0 C 'o u a 0. W c o a 'u o ( ar E ,Ym v _ a p° m o U° ° E Y o E- o FL,o ._ a, a o _c U "O 0 a) a) c •.� c O 2 0 U m m u 7 t 0 4- N E C 'O O. C O Existing Manual text is out of date. D u j O G )0 c i0 u O N cc O C O v. N 0J coC O .f] > •O c 'C O O o_ C (a '3 - a) 0) O. C 0 0) O. ai v S 01i m u S > > y >, N yo 2 c. y Y a 3 o c u) c •H v o . a o a .? N .4 c. > O 6 u 3 u o_ Cs 7 h u o_ c Y a) U 0) v7, _ 2O O m Y 0) E ▪ 5 3 o a) a c m O ▪ o u w c v E N do c O C a) • - EEoa) 0uQ w v E w 5 U m I- U > W become liens. MATRIX 3: Potential Program Amendments (FEBRUARY 2021) N c v O O Y (il Cu a a ac, O. cYo V O E O N O U O `a a) c •i�'n O 2 a U > f� C v y N '-' -o cn C �a C V1 E =' c9 ow O m o fO c m E a-p y E N N'o c :III s°o UU oN NmIO U Z O O Z N2W` O u In O a Staff Commen Other Jurisdictions Pros for Board BOCC decision BOCC decision > nen "c o u o C 2t22 ;v o — a c E o. o E> E > t/°1 a .4" Jurisdictions report mixed results. A. 0) II°. w c CU m w a, ° C a, i > E c a, a! C •N y > an d al Ol ••-' D U O a v cvam cat vOi « m E ,�' 01 > p a, a m ° :° °° n °6'' 3 a o$ E m° ci u o c e 14 ) 82822.0X m � C m =:2Ea,EEw It c 32« a, dm 2 NNYNU a W 1"ZO c V MATRIX 3: Potential Program Amendments (FEBRUARY 2021) BOCC Decisions and Options Staff Comments Other Jurisdictions Existing Procedures • Unknown Y w 0) N Y Y 3 • a 2. g • m 3 X C R a O •N O v1 co In... c. 5 = ., m >, O O)/A c> >` c 'Ou a L !' p gY 0V NN o ap__ i E t i « :al E' c -o c 3 E t, a :. u N ....I,: ' c w ' o 5 .� `o '_ O •O u 0 O O .� (p 9 O VLI N u (u0 G (Le) a W c N G. Cons of amendment to Solid Waste Code: • Deschutes County Community Development Department Code Enforce ent Policy and Procedures anual Adopted October 20, 2014 TABLE OF CONTENTS PREFACE 3 I. MISSION 4 II. PURPOSE 4 III. INTERPRETATION 5 IV. CODE ENFORCEMENT PHILOSOPHY 5 A. Enforcement Levels 5 B. Sequence of Enforcement 5 C. Criteria for Choosing Level of Enforcement 5 V. PRIORITIES FOR CODE ENFORCEMENT 6 A. Priority Cases 6 B. Lower Priority Cases 6 C. Solid Waste 7 VI. APPLICABILITY 7 VII. INITIATION OF CODE ENFORCEMENT 7 A. Citizen Complaints 7 B. Observation by Code Enforcement Staff 8 C. Proactive Code Enforcement 9 D. Permit/Approval Condition Monitoring by CDD Staff 9 E. Report by County Staff 9 F. Report by County Commissioner 10 G. Information from Official County Records 10 Vill. RECORDING COMPLAINTS 10 IX. NOTICE OF INVESTIGATION 10 X. INVESTIGATION 11 A. Preliminary Matters 11 B. Establishing the Elements of a Violation 11 C. Assignment of Investigation and Enforcement Responsibility 12 D. Field Investigation 12 E. Report of Field Investigation 13 XL ENFORCEMENT PROCEDURES 14 A. Voluntary Compliance 14 B. Notice of Violation 15 C. Citation and Complaint 16 D. Injunctions 17 E. Permit Revocation 18 F. Nuisance Abatement 19 G. Dangerous Building Abatement 19 H. Investigative Fees 19 I. Assisting Enforcement by Other Regulatory/Licensing Agencies 19 J. Civil Penalties 20 K. County Cost Recovery 20 L. Liens 21 XII. RESOLUTION OF CODE COMPLAINTS 21 XIII. AMENDMENTS ................... Exhibit A to Order No. 2014-026 - Code Enforcement Procedures Manual, Page 2 of 22 PREFACE Code enforcement in Deschutes County is a high priority for the Board of County Commissioners ("Board"). The Board believes the policies and procedures in this manual will enhance code enforcement and thereby the quality of life in Deschutes County. In August 1994, the Board established the Deschutes County Code Enforcement Task Force to study County Code Enforcement,- to recommend improvements to the program and to identify statutory or County Code changes that may be required to increase the effectiveness of County Code enforcement. The task force included citizens, representatives of the construction and real estate industries, representatives of the state court system and law enforcement, County Legal Counsel, managers of the County's Community Development Department ("CDD") and the County's Code Enforcement staff. The task force met three times during 1994. In January of 1995, they presented a report to the Board containing their recommendations. The Board accepted those recommendations, and directed County staff to begin to implement them. Among the recommendations was the development of a County Code Enforcement policy and procedures manual. The key task force recommendation in 1995 was the implementation of a more "proactive"" or County -initiated, Code Enforcement program. Such a program would begin simultaneously with adoption of the manual and would apply to County Code violations occurring on or after the effective date of the manual. This recommendation effectively created a two -pronged approach to code enforcement — somewhat different policies and procedures for violations occurring before, and after, the effective date of the manual. The intent of this approach was both to increase code enforcement after giving the community ample notice of the County's new, "tougher" enforcement policy, as well as to set enforcement priorities and manage the County's Code Enforcement workload in a manner that is realistic, clear and credible to the community. The original policies and procedures manual reflected this new approach. The County amended the manual in 1997 to reprioritize the criteria in Section IV and to reclassify and add enforcement staff. Since then, the County added Deschutes County Code ("DCC") Chapter 1.17 to adopt the required administrative hearings process required by ORS 455.157 adopted by the State Legislature in 2009 for building and specialty code violations. The County also amended Chapter 1.16 to add an additional injunctive remedy once a violation is cited into Circuit Court. In 2014, CDD staff reviewed the manual and suggested changes to the Board, which reviewed the staff -proposed changes and made additional revisions. Prior to the 1995 manual, code enforcement was primarily reactive, generated by complaints. However, the complaint -driven system was not effective by itself in stemming the tide of County Code violations in the County. With the adoption of the original manual, CDD staff, with the assistance of County Legal Counsel, law enforcement and the court system, and within available resources, was able to undertake more proactive efforts to identify County Code violations and to obtain compliance as well as respond to citizen complaints. Exhibit A to Order No. 2014-026 - Code Enforcement Procedures Manual, Page 3 of 22 Similar to the 1995 manual, the proactive efforts under this 2014 manual will focus on the following areas: A Timely monitoring and enforcement by County staff of permit and approval conditions; A Revocation of permits for non-compliance; A Abatement of nuisances and dangerous buildings; A Assisting in related code enforcement by other agencies; and A Civil procedures to obtain compliance and to recover the County's code enforcement costs I. MISSION The mission of Code Enforcement in Deschutes County is to protect the health and safety of the County's residents and visitors, and the livability of the community, by assuring compliance with the County's land use, environmental and construction codes. The County will assure County Code compliance both by encouraging voluntary compliance and by sanctioning code violators who do not comply. Ile PURPOSE The purpose of the Deschutes County Code Enforcement Policy and Procedures Manual (hereafter "manual") is to provide written guidelines for: A. The prioritization of code enforcement cases; B. Initiation and investigation of code violation complaints; C. Enforcement of the County Code through voluntary compliance; D. Prosecution of code violators who do not comply; E. Sanctioning of code violators and the assessment of fines and penalties; and F. Recovery of the County's investigation and enforcement costs. These written guidelines are intended to increase consistency and predictability within the County's Code Enforcement program, and to educate the County's citizens and property owners about code enforcement and the consequences of violating the County Code. Exhibit A to Order No. 2014-026 - Code Enforcement Procedures Manual, Page 4 of 22 Ille INTERPRETATION This manual describes the standard policies and procedures for code enforcement, and should be interpreted so as to maximize both the efficiency of County Code enforcement and compliance with County Code. This manual should be followed unless otherwise directed by the CDD Director, Director's Designee,Director of the CDD or the Board of County Commissioners ("Board"). IV. C•DE ENFORCEMENT PHILOSOPHY ,..�.,,�.t .,..s;smazwav: rt. ,'.: .-mi l a `.." 5 Policy. The County's policy is to enforce compliance with County Code in all cases of reported and verifiable code violations. However, the County has limited code enforcement resources. Consequently, the County has established, through this manual, both a priority ranking for code enforcement and procedures designed to maximize available code enforcement resources. Code Enforcement should follow the priority ranking set forth in Section V of this manual. It also should be flexible enough to allow the level of enforcement that best fits the type and circumstances of the code violation(s), within clear and objective criteria set forth in this manual and consistent with the priorities. A. Enforcement Levels. The levels of enforcement available to the County are: 1. Mediated settlement of code violation complaints; 2, i of sie io Pre -Er forcement Notice (hereafter "NOVPEN"); B. Dell-lede-fee-pefmitslnvestigative fees on perm its required for code compliance; 4. Obtaining voluntary compliance; 5. Warnin letters Sher1 s-Offie -vvr1 if ; 6. Permit revocation; 7. Citation and prosecution of violation in state court or Notice of Viola tion and ProposedCivil Penalty_jhereafter "NOV" )ihCount administrative hearings; --C-i-vil_pe-nclitdes-throu'gh-C-e ntuy-admi-n stratIve--erar"-'Xgsi a -i1ange'"-ou&b'�i•Fddrifl''- t�-?menxi ., Petition for injunction in circuit court; :14,--A si&ting-ln-e fefcefe dt-lay.ether.x .ta4a-n.',...d{ e$15+n .ua C nC S 2 9. Nuisance ordan erous huildingabatement; 1-3e--C-c&unatye-osr..rree-o e-ry, B. Sequence of Enforcement. The levels of enforcement are not mutually exclusive, and may be used alone or in sequence or combination with other levels. However, in most code violation cases, the County will use the code enforcement levels in the sequence they appear in Paragraph A. C. Criteria for Choosing Level of Enforcement. Some code violation cases may have aggravating circumstances requiring a different sequence for enforcement activity than that set forth in Paragraph A. She County may choose a different sequence if one or more of the following circumstances is present: Exhibit A to Order No. 2014-026 - Code Enforcement Procedures Manual, Page 5 of 22 1. The code violation is severe (e.g., deviates greatly from the Code); 2. The violation poses a significant threat to public health and safety, or to the environment; 3. The violation may cause economic harm to individuals or to the County as a whole; 4. The physical size or extent of the violation is significant; 5. The violation has existed uncorrected for a significant period; 6. There is a previous history of complaints and code enforcement on the subject property and/or with the alleged code violator; 7. There is good potential for combining enforcement action on the violation with other violations; ter,! e-relative- tefi e ode s fare e-rt- t-w i s-co , --There-is dpotentia i taon ;a-lae t s ee -May prosecutedra B.There is little likelihood of obtaining voluntary compliance. V. PRISRITlES FOR CODE ENFORCE ENT Policy. County staff shall attempt to investigate and resolve all code violations within budget and staffing restraints. However, because of limited code enforcement resources, there may be times when all code violations cannot be given the same level of attention and some code violations may receive no attention at all. In circumstances where not all code violations can be investigated, the most serious violations, as determined under the priorities set forth in this section and the criteria for enforcement in Section IV(C) of this manual, should be addressed before the less serious violations are addressed, regardless of the order in which the complaints are received. However, complaints alleging both priority and non -priority violations should be processed together to maximize efficiency. A. Priority Cases. The Board has established the following priorities for CDD code violations: 1. Violations that present an imminent threat to public health and safety; 2. Violations affecting rivers, streams and/or adjacent riparian areas; 3. Solid Waste Code violations, Environmental Soils violations, —and Building Code violations consisting of ongoing non -permitted construction or failure to obtain permits for construction started after the effective date of this manual; 4. Land use violations. B. Lower Priority Cases Policy. Complaints alleging code violations that do not fall within the priority ranking above should be processed in the order in which the complaints are received, and as Code Enforcement resources allow. Exception. At the discretion of Code Enforcement staff, complaints may be processed in any order that maximizes the efficiency of enforcement. Exhibit A to Order No. 2014-026 - Code Enforcement Procedures Manual, Page 6 of 22 Procedure. All complaints concerning a particular type of code violation (e.g., non -permitted manufactured homes in manufactured home parks), or all complaints of violations occurring in a particular geographic area, may be processed together, regardless of the order in which the complaints are received. C. Solid Waste, The County Solid Waste Department may engage any other County Department/ Office to administer its Code Enforcement program for County solid waste code violations. VI. APPLICABILITY Policy. This manual applies to all code enforcement carried out by CDD, its employees and agents. Except as otherwise provided, the policies and procedures in this manual apply to all alleged code violations whether or not they existed or were known by the County on the effective date of this manual. The policies and procedures in this manual supersede any conflicting County policies and procedures. Non -Applicability to Covenants, Conditions and Restrictions. Many subdivisions and planned communities are subject to private, recorded covenants, conditions and restrictions (CC & Rs). The County's policy is not to enforce private CC & Rs. Non -Applicability to Private Legal Action. Citizens may undertake private legal action to enforce County Code, including civil litigation against the alleged code violator, as well as personally filing citations and prosecuting County Code violations in court. The policies and procedures in this manual do not apply to private legal action to abate violations. Neither should they be interpreted to suggest that the County will participate in such private legal action. VII. INITIATION OF CODE ENFORCEMENT Code enforcement may be initiated by any of the following methods: A. Citizen Complaints. Any person may make a complaint to the County alleging one or more code violations. 1, Form. A citizen may initiate a complaint by submitting a letter to CDD, completing the complaint form approved by the County and available online, or by contacting CDD. If a citizen submits a complaint by phone or written communication other than a completed complaint form, County staff shall complete the complaint form. If the County receives a written complaint other than the County -approved complaint form, the written complaint shall be attached to a complaint form completed by County staff. To be investigated, a citizen complaint must contain all information required on the complaint form. Exhibit A to order No. 2014-026 - Code Enforcement Procedures Manual, Page 7 of 22 2. AnonymousComplaints Policy. The County's policy is to not accept anonymous County Code violation complaints. The County believes that anonymous complaints are not as reliable as those made by complainants who are willing to identify themselves. In addition, in many cases, the complainant's identification and testimony in court may be necessary for successful prosecution of Code violators and Code Enforcement. Exceptions. The County recognizes there may be cases justifying an exception to this policy. These are cases where the nature of an anonymous complaint reliably suggests the existence of code violations presenting an imminent threat to public health and safety or to the environment, which threat easily may be verified by County staff. In such cases, as determined by the CDD Director or designee, County staff shall accept the anonymous complaint and investigate it. 3. Confidentiality Policy. The County's policy is to maintain the confidentiality of Code Enforcement complaint files and computer records, including the identity of the complainant, to the extent legally possible. The County believes it is important to maintain this confidentiality to assure effective investigation and prosecution of code violations. In addition, the County recognizes that some complainants do not want their names disclosed to the alleged code violator for fear of retaliation. However, in some cases it may be necessary for successful prosecution and enforcement for the complainant to be identified and to testify in court. Exceptions. In cases where the County chooses to cooperate with, or defer to, federal or state agencies for code enforcement, the contents of the file may be disclosed, as necessary, to the other agency. Procedure. In order to maintain the confidentiality of Code Enforcement complaint files and the identity of the complainants, while assuring effective prosecution and enforcement and compliance with state law, the following procedures apply. a. Code Enforcement files will be maintained as confidential files throughout investigation, violation prosecution and/or other types of code enforcement to the extent legally permissible. b. The contents of Code Enforcement files will not be disclosed to anyone other than County staff who have a reason to know about and who are involved in the investigation, or to similar staff of an agency with which the County is cooperating. The contents of the file will not be disclosed to any other person absent court order, until: 1) the investigation is complete and a citation discovery request is made; or 2) the file is closed and disclosure is made pursuant to the public records law. B. Sbservation by Code- Enforcement- Staff. Code- Enforcement- staff -often- observe additional potential County Code violations while conducting complaint investigations. Such observations may form the basis for additional investigation and enforcement action. Policy. The County's policy is that Code Enforcement staff document any potential code violations the staff observes on property that is the subject of their current investigation. Code Enforcement staff shall investigate documented additional potential violations. If substantiated, staff may address noted additional violations. Staff may also document and address code violations observed on any property adjacent to the subject property, which violations are observable from the subject property. Exhibit A to Order No. 2014-026 - Code Enforcement Procedures Manual, Page 8 of 22 C. Proactive Code Enforcement. Within available code enforcement resources, the County may undertake a number of County -initiated procedures for proactive code enforcement. These procedures may include: 1. Investigations and prosecutions of code violations in particular geographic areas; 2. Investigations and prosecutions of code violations of a particular type throughout the County; 3. Timely and regular follow-up by CDD staff for compliance with conditions and requirements for permits and approvals; 4. Reporting by County staff of code violations observed while conducting County business; 5. Examination and comparison of County files for evidence of code violations; 6. Revocation of permits and approvals for failure to comply with requirements or conditions; 7. Cooperation with code enforcement by other regulatory and licensing agencies; and 8. Cooperation with utility companies to terminate service, to the extent authorized by law, to non -permitted uses on property. D. Permit/Approval Condition Monitoring by CDD Staff. The County routinely issues land use, environmental and construction permits with a variety of requirements and conditions, and timelines for meeting them. For example, a land use approval may require landscaping the site by a certain date, and building permits expire if construction progress and inspections are not made within periods set by state law. Code violations occur when these permit and approval conditions are not timely met. Policy. The County's policy is that CDD staff may conduct timely and regular monitoring of conditions of approval and similar permit requirements for all permits and approvals. Procedure 1. All persons issued permits or approvals shall be given written notice of the consequences of failure to comply with requirements and conditions, including potential code enforcement. 2. If any permits and approvals are found not to be in compliance with conditions of approval or other permit requirements, staff in the appropriate CDD division assigned to the permit or approval monitoring shall undertake appropriate action to obtain compliance. 3. If the assigned CDD staff are unable to obtain compliance within a reasonable time established for that purpose, they shall report the violation a and any enforcement action already_ taken to Code Enforcement-- -and -s-halt----r tfy--Cede-Enfar-c u at --sue oy e.nfarc v ePtaate 24re- y,-talg2 for further code compliance_ action. 4. ti--reeei, t-o€-staff Rti€ica ion--of--no-n-conlp4iance--the-rage-r ay-be-fir-vw riled-- eft O ;icy-E -cata ciop-w rstanV -S tier--X-l:E> thi-s mawat E. Report by County Staff. In many cases, County staff may be in a unique position to observe potential code violations. For example, a property appraiser in the Assessor's office may be the only person able to observe new construction for which there is no permit. Policy. Any County staff member may report to Code Enforcement staff possible Code violations observed while conducting County business. Exhibit A to Order No. 2014-026 - Code Enforcement Procedures Manual, Page 9 of 22 Procedure. Reports by County staff under this subsection shall be made on a complaint form provided by CDD Code Enforcement Staff. F. Report by County Commissioner. A member of the Board may report a potential code violation, or may request that Code Enforcement staff investigate a citizen report of a potential code violation. The commissioner may complete a complaint form or report the alleged violation in any other written form. If a Board member submits a written report other than a complaint form, that report shall be attached to a complaint form completed by Code Enforcement staff. G. Information from Official County Records. Potential code violations may be discovered by examining the County's own official records. For example, cross-referencing between the Assessor's records and CDD's records may reveal construction or land use activity without necessary permits or approvals. CDD staff- may also discover code violations by comparing the County's own land use, environmental health and construction permit records with each other. Policy. CDD staff may regularly compare all pertinent County records to identify potential Code violations. Procedure. Code violations discovered through comparison of information in County files shall be reported to Code Enforcement on a complaint form. VIII. RECORDING C® PLAINTS All complaints received by Code Enforcement shall be recorded in CDD's computer system. The Complaint Record is the official record of the complaint and its investigation and resolution. The Complaint Record shall include the following minimum information: 1. An assigned complaint number; 2. The tax map number and tax map for the subject property; 3. Which Code Enforcement staff is assigned to the case; 4. The complaint form; S. Documentation of investigation; 6. Assessor's information on the subject property. IX. N NICE OF INVESTIGATION Sf RI, When Code Enforcement initiates investigation, it may provide notice to any CDD division, other County department, or federal or state agency that may have an interest in the alleged code violation. Exhibit A to Order No. 2014-026 - Code Enforcement Procedures Manual, Page 10 of 22 X. INVESTIGATION A. Preliminary Matters. At the beginning of each investigation, the following shall be established: 1. Jurisdiction. The property upon which the alleged code violation has occurred must be land over which the County has code enforcement jurisdiction. 2. Zoning. The zoning of the subject property shall be determined. 3. Permit Status. The status of any land use, environmental health, construction or other similar permits on the subject property shall be determined. 4. Property Ownership. All persons with a recorded legal interest in the subject property should be identified. These persons should include the owners, contract purchasers, lessees and lienholders or other security interest holders. 5. Other Potentially Responsible Persons. In addition to the persons listed in subparagraph 4 of this paragraph, any other persons potentially responsible for the alleged code violation(s) should be identified. These persons could include tenants, construction and landscape contractors and excavators. 6. Identification of Applicable Code Provisions. The Code Enforcement staff, with the assis- tance of other CDD staff and County Legal Counsel as necessary, shall identify the pertinent provisions of the County Code that may have been violated according to the complaint. 7. Prior Complaint History. The Code Enforcement staff shall examine CDD records to determine the existence and status of any prior or existing code violation complaints on the subject property or concerning the alleged violator. B. Establishing the Elements of a Violation. Before a Notice- o;-Vloch,r ,Pre -Enforces entNotice ("NQVPEN") is sent, it must be determined whether the complaint, if true, establishes a code violation. If it does not, the case should be resolved by file closure as provided in Section XII of this manual. Code Enforcement staff may, in some instances, make mediation referrals where such referral is anticipated to protect safety or livability. The Code Enforcement staff, with the assistance of other CDD staff and County Legal Counsel as necessary, and after any necessary field investigation, shall determine if the following elements have been established. 1. Responsible Person. The person or persons who are reasonably believed to have committed the code violation, or who are or may be legally responsible for the alleged code violation, have been identified. 2. -alleged Violation Occurred or is Occurring. A complaint may allege a code violation that occurred in the past (e.g., construction without a permit) or that occurs only intermittently (e.g., surfacing sewage from a drain field, or periodic non -permitted commercial activity in a residential zone). Code Enforcement staff shall determine whether there are reasonable grounds to believe the alleged violation occurred or is occurring. Such grounds may be established either by personal observation by Code Enforcement staff or by reliable evidence from a complainant. If Code Enforcement staff determines that reasonable grounds do not exist, no enforcement action__ should be taken until the complainant or the Code_ Enforcement staff has had_a reasonable opportunity to develop such grounds. If no reasonable grounds are developed o .E forcem Orderl0ia iP 4 026 - Code Enforcement Procedures Manual, Page 11 of 22 1 within a reasonable period, the case should be resolved by file closure- as provided in Section XII of this manual. Exhibit A to Order No. 2014-026 - Code Enforcement Procedures Manual, Page 11 of 22 3. Relevance of Statute. In some instances, a complaint may allege a code violation on property subject to other protections. A common example is the State's prohibition on local laws governing forest and farm practices (ORS 30.934 and 30.935). Code Enforcement staff shall, with the assistance of other CDD staff and County Legal Counsel as necessary, consider the relevance of statutes in substantiating a County Code violation. If Code Enforcement staff verifies conflicting relevance under the law, the case should be resolved by file closure as provided in Section XII of this manual. C. Assignment of Investigation and Enforcement Responsibility Policy. The responsibility for field investigation and code enforcement should be assigned to the CDD staff most able and qualified to conduct the investigation and undertake appropriate enforcement action. For example, alleged violations of environmental health codes may best be investigated and resolved by County Sanitarian. However, all code enforcement activity should be coordinated with Code Enforcement staff and all N \•••'s;--PEN's_and Voluntary Compliance Agreements (VCA's) will be drafted by Code Enforcement staff. Procedure 1. Assignment. Assignment of field investigation and Code Enforcement responsibility shall be made by the CDD Director, on a case -by -case basis or pursuant to standing policies in this manual or elsewhere. The following criteria shall be used for assignment of responsibility: a. The nature of the code violation(s) alleged in the complaint; b. The knowledge and expertise needed to investigate the alleged violation; c. The history of prior code enforcement on the subject property or with the alleged violator; d. The status of permits and approvals on the subject property; and e. the workload of the relevant CDD division staff and the projected timeline for investigation and resolution of the complaint. 2. Coordination. Whenever responsibility for Code Enforcement activity is assigned to CDD staff other than Code Enforcement staff, such staff shall consult with Code Enforcement staff and keep them advised of their activities. When CDD staff other than Code Enforcement staff is assigned to investigate a code violation complaint for which a Complaint Record has been created, such staff shall enter into the record a report of any action undertaken to investigate or to obtain compliance. D. Field Investigation 1. Purpose. The purposes of Code Enforcement field investigation are: a. to verify the existence and severity of code violations; b. to document code violations by means of written notes, photographs, witness interviews, etc., c. to obtain supporting evidence such as photographs, measurements, names and statements of potential witnesses, etc. 2. Coordination. Whenever responsibility for field investigation is assigned to CDD staff other than Codes Enforcement staff, the coordination and notification described in Paragraph C(2) of this section shall occur. Exhibit A to Order No. 2014-026 - Code Enforcement Procedures Manual, Page 12 of 22 3. Preparations and Precautions Policy. Code Enforcement staff and other assigned CDD staff, as well as members of the public, should not be exposed to unreasonable risks of violent confrontation or injury during the course of field investigations. Code Enforcement staff and other assigned CDD staff shall take whatever actions are reasonable and necessary to minimize the known risk of violent confrontation or injury to themselves or others in conducting their field investigations. Procedure a. Law Enforcement- Assistance. When appropriate, Code Enforcement staff or other assigned CDD staff should contact the Sheriffs Office to determine if there have been previous criminal complaints or investigations concerning the subject property or alleged code violator, and whether, in the opinion of the Sheriff's Office, a field investigation would present any threat to the safety of Code Enforcement staff, other staff, the alleged code violator or other persons present during a field investigation. Code Enforcement staff or another assigned CDD staff person- may request law enforcement assistance in conducting the field investigation, and may postpone such investigation until law enforcement assistance is available. b. Announced/Unannounced Field Visits. At the discretion of Code Enforcement staff or other assigned CDD staff, a field visit to the vicinity of the subject property may be conducted with or without prior notice to the property owner, occupant or alleged code violator. The determination of whether or not to give prior notice shall be made on the basis of the following criteria: 1. The nature of the alleged violation; 2. Whether or not prior notice will make detection and documentation of the alleged violation more difficult; and 3. Whether or not prior notice will unnecessarily increase the known risk of violent confrontation or injury to Code Enforcement staff or other assigned CDD staff. c. Entering Upon Property or Premises Policy. it is the County's policy that Code Enforcement staff and other assigned CDD staff shall not enter upon private property or premises to conduct a field investigation without authority to enter. Procedure. Code Enforcement staff may enter unposted property to seek permission to investigate on the premises. Unless permission is granted, the investigation shall be conducted from public roads or property where permission to enter has been granted. If Code Enforcement staff or other assigned CDD staff- does- not have permission or other authority to enter upon property or premises, and entry upon the property or premises is necessary to conduct the investigation, Code Enforcement staff or other assigned CDD staff shall consult with County Legal Counsel about obtaining a search warrant. E. Report of field Investigation 1. Report. Upon completion of the foie -;initial investigation, Code Enforcement staff or other assigned CDD staff shall complete a report of investigation in the Case Record. The report shall include the following information: Exhibit A to Order No. 2014-026 - Code Enforcement Procedures Manual, Page 13 of 22 a. Name of investigator; b. Date, time and place of field visit; c. Code violation(s) observed; d. If no code violation(s) observed, an explanation; e. Witnesses, if any, interviewed; f. Evidence, if any, obtained (e.g., photographs); g. Discussion, if any, of violation with owner, occupant or other responsible person; h. Action necessary, if known, to correct violation; and i. Recommended enforcement action. 2. Complainant Notification. Upon completion of the f fd---initial investigation, Code Enforcement staff shall notify all citizen and cOer_a pncy complainants of the status of complaint investigation. This notification should include information on whether a case will be opened, the reason a case will or will not be opened, and name and contact information of the staff member assigned the Code Enforcement case. XL ENFORCEMENT PROCEDURES A. Voluntary Compliance Policy. The primary objective of CDD Code Enforcement is voluntary compliance. Staff encourages voluntary code compliance by providing code violators and other responsible persons with information about the County Code and an opportunity to comply with the County Code within reasonable timeframes and with little or no penalty. The County believes that voluntary compliance generally is less expensive for all parties and of a more satisfactory and lasting nature than involuntary compliance. Notwithstanding this objective, the County believes that allowing Code violators the opportunity to voluntarily comply any time during code enforcement, or outside reasonable time limits for such compliance, may actually result in abuse of this opportunity in order to delay compliance. Therefore, it is the County's policy to limit the time frame during which Code violators may come into voluntary compliance with little or no penalty. Procedure The following procedure shall apply whenever a code violator brings his or her property into compliance during the code enforcement process: 1. Compliance Timing and Staff Response Timing of Compliance Disposition After complaint/ before citation or NOV. File closed. Application of permit investigative fees where applicable. After citation/before trial or hearing before hearings officer CDD recommends dismissal of citation, no cost recovery, application of permit investigative fees where applicable. At time of trial or hearing before hearings officer CDD recommends prosecution, conviction or guilty plea, ,raac;rxa-u;1; fine or civil penalty, injunction, cost recovery, application of permit investigative fees where applicable. Exhibit A to Order No. 2014-026 - Code Enforcement Procedures Manual, Page 14 of 22 2. Limited Time Frames. Opportunities for voluntary compliance, where provided, shall be of limited duration. The facts in each case differ. Therefore, Code Enforcement staff shall consider the appropriate time frame for compliance on a case -by -case basis. 3. Time Extended by Voluntary Compliance Agreement. Following the issuance of a NOVPEN, if the alleged violator admits the violation(s) and requests extended time for voluntary compliance, the alleged violator shall sign a "Voluntary Compliance Agreement in a form acceptable to the County." The agreement shall provide that, in exchange for the extended time for voluntary compliance, the alleged violator agrees to abate the violation(s) by a specified time, and, if voluntary compliance is not obtained during this extended time, to waive hearing in any subsequent violation proceeding and consent to entry of judgment and imposition of penalties, costs, injunction, and/or such other relief as is deemed appropriate. R. I ce-ofViLlat Pre EnforNcpmeft Notice (PEN) 1. When Sent. When Code Enforcement staff or other assigned CDD staff determines there are reasonable grounds to believe a violation did or does occur, based upon the information in the complaint and any field investigation, an .NOV-PEN shall be sent on a standard form approved by the CDD Director or in a letter or notice sent by the appropriate CDD division staff. 2. To Whom Sent. A NOV pEN_shall be sent to all persons liable for the violation under Deschutes County Code. 3. How Sent. ,NOVs-PEN's shall be sent by certified mail or_by other_rnethod of delivery as approvedby the CDD Director or Designee to the best available address for the persons described in Subsection 2 above. 4. Follow Up. If, within 15 days of the mailing of the k UNI, the liable persons have not contacted Code Enforcement staff, Code Enforcement staff shall determine the next step in the code enforcement process, including warning and/or citation. 5. Compliance. If the Code Enforcement staff determines that the required corrections have been made or the liable persons have provided evidence that no violation exists, the date and method of compliance shall be noted in the Complaint Record and the case shall be resolved by file closure pursuant to section XII of this manual. 6. Corrective Action. In some cases, corrective action may consist of both applying for and obtaining necessary permits or approvals. In such cases, the permit or approval application alone will not be sufficient to assure compliance. The liable person must complete the application process, including all appeals, within a reasonable time and not allow the application to expire. Once permit approval is obtained, the liable person must complete all permit conditions prior to the expiration of any permit approval. Policy. All code violation cases shall remain open until all permit conditions and other required corrective measures are completed. Procedure 1. Where the required corrective action consists of both applying for and obtaining permits or approvals, Code Enforcement staff, in consultation with other appropriate CDD staff, shall determine a reasonable time frame for applying for and obtaining the necessary permits or approvals. forceme&*66delOrderFli<don/Fdp-026 - Code Enforcement Procedures Manual, Page 15 of 22 2. If at any time during the process for obtaining necessary permits or approvals the alleged violator fails to meet the reasonable timelines established by Code Enforcement and such failure does not result from the actions of others, Code Enforcement staff shall cite the alleged violator pursuant to Paragraph C of this section. 3. If the alleged code violator is not granted the necessary permits or approvals, Code Enforcement staff shall cite the alleged violator pursuant to Paragraph C of this section unless (a) the alleged code violator enters into a written agreement with the County to comply with the County Code within a time frame established by Code Enforcement staff, or (b) a lender has begun foreclosure proceedings and, in the opinion of Code Enforcement staff, is likely to address the violation within a reasonable time after the foreclosure. C. Citation and Complaint 1. Non -Compliance. Where voluntary compliance cannot be obtained by CDD within a reasonable time -frame, Code Enforcement staff may cause a citation to issue or may issuea otice___©f Violation and Proposed Civil Penalty_ (NOV.),and initiate administrative enforcement hearing proceedings in accordance with County Code. 2. f4eI4--Investigation Required. No citation to state court or �i e r tae fog ad- i ast-rarive- n ee t-kieari;ag-pro€eed gIVOV shall be prepared unless and until an field -investigation has verified the existence of a Code violation. 3, Form. All citations to state court shall be on a uniform citation which conforms to ORS 153.045 through ORS 153.051. Citataons--eF-„oticesNOV's for administrative enforcement hearing proceedings shall be on the form required by County Code. 4. Issuance of Citation. Any person authorized by County Code Section 1.08.025 may issue a citation or_.,NOV. The person issuing the citation or NOV must personlay-olasepweverify_ the conduct or circumstances constituting a violation. 5. Service. All citations to state court shall be served in accordance with ORS 153.154. gtatioTis o; °tie-es---f -ad �Pist;a ive-- feree eat,-hea g--pr-oc- ing-s QV's shall be served in accordance with County Code. 6. Setting Arraignment/Administrative Hearings. For citations to state court, the officer serving the citation shall set the date for arraignment. For cut s-sr-,notices-for-admirisrat4ve e-n-forpe-rnepi-e-arin-proceedin sNOV's, Code Enforcement Staff shall set the date for the hearing in accordance with the County Code. 7. Arraignment in State Court a. Purposes. The purposes of arraignment are to: 1. Allow the defendant to enter a plea to the citation; 2. Resolve any jurisdictional issues; 3. Set a trial date if the plea is not guilty; and 4. If the plea is guilty, allow the defendant, the Sheriff's Office Deputy and other County Code Enforcement staff the opportunity to provide information to the court regarding penalties and related matters. b. Appearance by County Legal Counsel. County Legal Counsel shall not represent the County at arraignment unless the defendant has legal counsel at arraignment. Exhibit A to Order No. 2014-026 - Code Enforcement Procedures Manual, Page 16 of 22 R. Failure to Appear at Arraignment in State court. If the defendant fails to appear at arraignment, Code Enforcement staff may request that the court enter a default judgment in favor of the County and impose penalties against the defendant. 9. Trial, If -the defendant pleads not guilty to the allegations in the citation, Code Enforcement staff shall request that the court set the matter for trial at the earliest available date. a. Burden of Proof. The County has the burden of proving at trial, by a preponderance of the evidence, the allegations in the citation. b. Responsibility of Code Enforcement Staff. At trial, the responsibility of Code Enforcement staff is to prosecute the case by presenting evidence, calling witnesses and offering any relevant documents and other exhibits in support of the citation. c. Appearance by County Legal Counsel. County Legal Counsel shall not represent the County at trial unless the defendant is represented by legal counsel at trial. 10. Fines a. Schedule. The schedule of maximum fines for County Code violations is set forth in DCC 1.16.010. b. Amount. If the defendant is convicted, Code Enforcement staff shall request that the court impose a fine in an amount consistent with the County Code. 11. Suspension of Fines. The Circuit Court has authority to suspend the imposition of all or a portion of a fine. In some cases, the court may wish to suspend imposition of a fine or a part thereof on the condition that the defendant comply with County Code within a specified time period. a. Policy. It is the County's policy to increase the effectiveness of code enforcement activity and the incentives for code compliance by discouraging any suspension of fines in County Code violation cases. b. Procedure. If a defendant is convicted, Code Enforcement staff and/or County Legal Counsel shall advise the court of the County's policy against fine suspension and shall ask the court not to suspend imposition of fines. 12. Collection and Distribution of Fines. Fines imposed by the state court for County Code violations are collected by the State Court Administrator and are remitted in part to the County. Fines iinnosedfrom civil penalty_hearingsare remitted to. the County Treasurer. a. Policy. It is the County's policy that all fines imposed for County Code violations and remitted to the County should be used to pay the costs of County Code enforcement. b. Procedure. All fines imposed by the court or the Code Enforcement H9earings Officer for County Code violations and remitted to the County shall be deposited in the € ,u my n the CDD Revenue Fund for budgeting and expenditure in the Code Enforcement program. D. Injunctions Policy. Code Enforcement staff shall seek injunctions from the court in cases where other forc emeEminRiibts 026 - Code Enforcement Procedures Manual, Page 17 of 22 methods of code enforcement may be inadequate or have been unsuccessful. Exhibit A to Order No. 2014-026 - Code Enforcement Procedures Manual, Page 18 of 22 Procedure 1. When Sought. Code Enforcement staff may contact County Legal Counsel to obtain/ coordinate injunctions in any case in which: Code violation(s) present an imminent threat to the public health and safety or to the environment; or Code violations have not been corrected within a reasonable time after a defendant was found by the court or County Hearings Officer to be guilty of a code violation. 2. By Whom. Pursuant to DCC 1.16.040, Code Enforcement staff (or County Legal Counsel if appearing in the case) may request that the court order injunctive relief and/or abatement as part of the penalty in a code enforcement proceeding. Alternatively, County Legal Counsel may initiate a separate legal action for injunctive relief and/or abatement of a violation. 3. How Enforced. After issuance of an injunction, if the defendant fails to comply within the time period specified in the injunction, the Sheriff's Office or CDD staff shall request that County Legal Counsel initiate civil contempt proceedings against the defendant. E. Permit Revocation. Certain County Codes authorize the revocation of permits or approvals for failure to comply with their requirements or conditions. Policy. To maximize code compliance, the County shall revoke permits and approvals to the extent authorized by law in appropriate cases. Revocation of permits are particularly appropriate in cases in which corrective action may not be effective in bringing the subject property into code compliance due to the nature of the violation and the deliberateness of the code violator's actions in violating the Code. Procedure 1. Report to Code Enforcement Staff. If the County staff responsible for monitoring and/or reviewing a particular type of permit determines that the conditions or requirements of a permit or approval have not been met, that staff member shall inform Code Enforcement staff of such violation, and Code Enforcement staff shall enter the information in the Code Enforcement electronic files. 2. Revocation Procedure. The County staff responsible for monitoring and/or reviewing a particular type of permit shall determine whether to undertake permit revocation proceedings as authorized under the applicable County Code provisions. The following factors shall be considered: a. Whether the criteria for permit revocation set forth in the applicable County Code provisions exist; b. The severity of the deviation from the permit or approval requirements or conditions; c. The deliberateness of the deviation from the permit or approval requirements or conditions; and d. Whether compliance can be achieved more effectively through other code enforcement methods. Exhibit A to Order No. 2014-026 - Code Enforcement Procedures Manual, Page 19 of 22 F. Nuisance Abatement. Chapter 13.36 of the Deschutes County Code (hereafter "Code") authorizes the abatement of County Code violations that are defined as "public nuisances." Policy. County Code violations constituting public nuisances may be abated -pursuant to Chapter 13.36 of the Code and within available resources. Procedure. When County staff discovers or receives a verified complaint of a code violation that may constitute a "public nuisance," staff shall provide the information to Code Enforcement staff who shall enter the information into the Code Enforcement file. Code Enforcement staff or other assigned CDD staff may consult County Legal Counsel to initiate nuisance abatement proceedings pursuant to Chapter 13.36 of the Code. G. Dangerous Building Abatement. Chapter 15.04 of the Code authorizes the abatement of buildings containing violations rendering them "dangerous buildings" as defined in the Code. Policy. County Code violations that may render a structure a "dangerous building" shall be abated pursuant to Chapter 15.04 of the Code and within available resources. Procedure. When Code Enforcement staff or other CDD staff discovers or receives a verified complaint of code violations in a structure that may render the structure a "dangerous building," the staff shall provide the information to Code Enforcement staff, who shall enter in the information into a Complaint Record. The Deschutes County Building Official (hereafter "building official") shall be notified and shall promptly consult with County Legal Counsel to initiate abatement proceedings under chapter 15.04 of the code. H. Investigative Fees. Certain provisions of the state building code allow municipalities administering and enforcing a building inspection program to charge investigative fees for work commencing without the required permit. Policy. To maximize the incentives to comply with County Code, the County shall charge investigative fees, to the extent authorized with law, for permits sought for non -permitted construction or installation. Procedure. Whenever County staff discovers or receives a verified complaint of non -permitted construction or installation, the information shall be submitted to Code Enforcement staff, who shall enter the information into the Code Enforcement Complaint Record. To the extent allowed by law, the County shall charge investigative fees for the permit(s) necessary to comply with the County Code. 1. Assisting Enforcement by Other Regulatory/Licensing Agencies. In some cases, County Code violations -also may constitute violations of federal and/or state statutes or administrative rule. For example, surface mining without County land use approval may also violate state statutes and administrative rules governing mining, and performing building construction without necessary permits may also constitute violations of state statutes and administrative rules governing the conduct of licensed contractors. foreemVibes r -026 - Code Enforcement Procedures Manual, Page 20 of 22 Policy. To maximize code enforcement and the incentives for compliance, County staff shall promptly advise the appropriate federal and/or state agency of County Code violations reported or discovered that may also violate the statutes or administrative rules of that agency. The County shall also cooperate with federal or state agencies, to the extent authorized or required by law or by intergovernmental agreement, to obtain voluntary compliance or to punish violations. The County may defer investigation and prosecution to the appropriate federal or state agency in cases in which, as determined by the CDD Director or designee, the federal or state agency enforcement procedure will result in more effective correction of the violation(s). Procedure 1, Reporting. Whenever County staff discovers or receives a verified complaint regarding a County Code violation that may also constitute a violation of federal or state statute or administrative rule, the staff shall advise the appropriate federal or state agency. 2. Cooperation. To the extent authorized or required by law or by intergovernmental agreement, County staff shall cooperate with the federal or state agency to obtain voluntary compliance or to prosecute and punish violations. That cooperation may include sharing information, conducting joint investigations, appearing as witnesses and/or providing evidence in enforcement proceedings, and coordinating the timing of investigations and/or enforcement proceedings to maximize their effectiveness. 3. Deferral to Other Agency. The County may defer some or all code enforcement to a federal or state agency, and forego County Code enforcement, where the Board, CDD Director or the Director's designee determines that the federal or state enforcement activity will be more effective than County Code enforcement. In making the determination to defer to other agencies, the following factors shall be considered: The nature of the violation and necessary corrective action; The comparative severity of the penalties available to the federal or state agency and to the County; and The comparative time frames required for enforcement by the federal or state agency and by the County. ff=o pruse,sut4o-n-of-Goui1ty Cad—e--vi l-a-'iien-s-ii?- (}Fact: P43-ky-,--Te--113-sreasa-The-i-nean-trives-fa-r-ee,-m-p11,3-n-e-e-a y .. Ek. mn _ { x ti....ki� 6 Er t j il°fSt�cliNd2 t {Yid° 6=0 { C- " ass-'n-g-----catlestin-g-siv-11 pe alt+e, agains- C-2. *y-Sod-eA lat ar5: '"^ -hen-n--th-a epic- an-_aftiofftee-En-for-c'e-rne ii �fcr� � -: h—c�--i3 i�fiE-e��'?f-fH=$-_�o�b'�c➢t-Ica-�r1^U'i^L?--l'�.f% '—� ,u4t-fir e0-dti-C-OrY i Ear{-V'iin-Py--'-an-f Amery -ant-coi-st rec-avepy� KJ. County Cost Recovery, The County incurs costs investigating code violations and enforcing codes. They include the cost of personnel and equipment, legal advice and representation,- service of citation, and administrative expenses. Exhibit A to Order No. 2014-026 - Code Enforcement Procedbs -'v-Prbcedures., Policy. It is the policy of the County to maximize code enforcement and to increase the incentives for code compliance by recovering its reasonable code enforcement costs from code violators. Procedurre., In determining whether to cite a code violator to court or to engage in the administrative hearings process, code enforcement staff may consider which process willz-r-e-ralt inpforpiot code compliance andiarresult in the maximum cost recovery to the CDD. I.K, Liens. In many cases, the most effective way for the County to recover its code enforcement costs, as well as to collect any civil penalties assessed through administrative hearings, is to file a legal claim for those costs or penalties against the property subject to code enforcement, or against other property owned by the code violator. Poky, It is the County's policy to assure recovery of its costs, as well as the collection of civil pen- alties assessed through administrative hearings, by filing claims for those costs and penalties in the form of liens on property subject to code enforcement, or upon other property owned by code violators. Procedure, In the appropriate cases, the County staff will explore with County Legal Counsel the means by which liens may be placed against the real property of the code violator for the collection of code enforcement costs and civil penalties assessed through County administrative hearings. Policy. It is the County's policy to attempt to reach final, satisfactory resolution of all code violation complaints. However, the County recognizes that not all complaints may be resolved successfully, due to factors outside the County's control. These factors can include the indigence of the code violator, the lack of County or other resources to assist the violator, statutory limitations on potential fines or other penalties for code violations, and the large number of complaints to be resolved. Therefore, the County shall focus its code enforcement resources on the code violations that meet the priorities set forth in Section V of this manual, and attempt to resolve those violations within a reasonable period. It is the County's policy not to close a case until it is resolved. Procedure A. File Closure. A code violation complaint will be resolved by file closure in the following cases: 1. When no code violation is found after investigation; 2. After there is voluntary compliance; 3. After the property owner and/or other responsible person has been found guilty of a violation and has corrected the violation(s); 4. After an injunction has been issued and the property owner or other responsible person has corrected the violation(s); 5. After investigation and prosecution of the violation(s) have been completed by a federal or state agency to which the County deferred code enforcement; 6. When the property on which the violation exists is sold or transferred and a new Code Enforcement case is opened in the name of the new owner. Exhibit A to Order No. 2014-026 - Code Enforcement Procedures Manual, Page 21 of 22 B. Notice of Resolution. The- County shall- notify send written notice to the complainant when the complaint is resolved, describing the resolution. C. Alternate ! ethods of Resolution, The County may explore alternate methods to resolve Code violations including mediation. XIII. AMENDMENTS This manual may be amended when deemed necessary.- by the CDD Director and the Board. Amendments may be proposed by County staff, Board members and other interested persons. Exhibit A to Order No. 2014-026 - Code Enforcement Procedures Manual, Page 22 of 22 REVI EWED LEGA For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Adopting the Community Development Department Code Enforcement Policy and Procedures Manual * * ORDER NO. 2014-026 WHEREAS, Deschutes County Commun ity Development Department ("COD") Code Enforcement staff in itated revisions to the COD Code Enforcement Policy and Procedures Manual to update the manual that was developed in 1995, adopted 1996, and amended in 1997; and WHEREAS, the Board of County Commissioners ("Board") held a public hearing on August 27, 2014 and directed COD staff to make further revisions to the manual; and WHEREAS, the Board finds that the updates to the COD Code Enforcement Pol icies and Procedures Manua I to be in the best interest of the public because the upd ated pol icies and procedures wi I I prov ide for a more efficient and clear code enforcement program; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY ORDERS as follows: Section 1. The Community Development Department Code Enforcement Pol icies and Procedures Man ua I , attached as Exhibit "A" and i ncorporated by reference herein, is ad opted . Section 2. A II prior Com m un ity Development Department Code Enforcement Po I icies and Proced ures Manuals are no longer in effect. Dated this JoIIIIII of October, 2014 ATTEST: Recording Secretary BOARD OF COUNTY COMMISSI ONERS OF DESCHUTES COUNTY, OREGON TAMMY BANEY, Chair aroe.fg„ ANTHONY DEBONE, Vice Chair a, arte--- ALAN UNGER, Commissioner PAGE I of I -ORDER No. 2014- 026 6 =EOM anuary 27, 2021 • 4,) • 0 w V) 0 ro c E E w w Li 0 rtf 4J 2 LL 0 U MI co 1- 04-J 0- C 0 0 CU 0_ WO CI, 0 • C ro 4(.1.3 c b,0cL rt5 E • o ® u4- u c a) a) uo> • L.) • Ld 2 2,4c2 • 2 4- J 4-d WV) ro u u w a)L- a)2 O F-0' 4-1 U 4-J --- C CU D(W a) 0 4 Er 0C t?3° U tj C U a) r0 0Vi L-- tn o • u — a) o cu E • *5 02 E o 0- c) a, 1-- W �U10 c cuoc w o — 4--J -2 E c o E-3 (c.,1 5 0 o > u • 0 kJ 0 u OP EBRO u ®! _ 0.0 0 ra �0 i > OQ 7p3 • a) a1 5 -u- E ® ttO CU O C_ in 0 o� u c RI® , u 4-4 o ,� 4.44 _ U ® a� M � � TOo c a) • a® r:3 u• : ® c ® cam a CD ® C i i • ` 0 0 ( C • + 0 ®0°is: ro a • NJ i ® •*475 — U co C 0 w ro o n i V a) r0 to cn 0 o� E D 0 V V1 ea c ma "am ® 2 'a ® uC) E VI "§" .E.42 ,1sJ my 3 MEM EINENEN :CMSMEE Pri iation ra A c ievin ; voluntary co Iliance 'rosecution of violations en necessary ra ra n3 . EMIR ROOM Lill 9 MEN d Services 113 0 0 0 0 J 0 VI a> 0 QM fanning Division 0002003 0000001 w a) 0 cu CL sp CI) CU o u s- w c ® CU X o Z v) u 0 c ro 2. 4J MO= v r iic--.),• trea rn rOLr CO 0 ro 0 1/1 py , nforcement Correction from: initial fines of up to $2,000 o S.3 c 0 O - L.fi rn N LA N ; Lr1 00 N al to O s N % -1 N 00 011I. m %-1 O rl r-I 00 N 00 % -1 0 m 0 00I f rl LO LA �N ri N O O! %-1 N N N 01 N Solid Waste Zoning Total Cases Environmental Soils U � s— (13 ro o — E To 0 U (0 c 0_ 0 a) u 117.5 > CU LO ro 3WCOO u exo sD 0 w E :3 cu 0 Wc0 rr3 Lu ro 4-j 0 E E e--1„ , a) a) w ro u > Da) a) 0 a) r0 L2 un E>o„, u co -0 0.) j) Ef) 0 (11 0 kr) 0 Ca` rN 0 Go Go Go rsi 0 r•J o 0 o o o o CD 0 0 0 0 0 0 IN 0 GO Go '-J C`.1 ---I .1 >1 V) -0 r0 u _E 4-.- -- t (i) rt5 C E C-) a) tTr)) --C E CD- a) cu -05 a c (CIO rt5 '13 u a) Closed Case Disposition Percentage ,....4 -, C. r0 rlk ,- 'Ti 0 (--) ,... J ..-.'" 0 ;7-5 0 0 CLD Cji C C.D O 0 r N LJ 00rN - r-I previous years® wWWww www tfir 'ow -)WWWwW 3 C S' v.gyml I cr -•S - VI Vi r fi f c•4 t- st-£ teem e wee Lel Sews 0 0 EMEMCISE 0160114 ro e Keene vif 647.2,3 ro ra MIMES o U 4- Code Enforcement Manual 202 (gn 4-0 O Anonymous IMIKI E rcl ro o ro ode Enforcement Manual 202 o — 63485=1:1 ®• - 1 • " i 11.i co o 0 a o 16666061 0 8 0- " 0 LL 6 126.6602 c 6 1=E159 16671626E02 c 6 16662662 0 063066 ro > .. — 0 61.6664 E 0 _ 0 o 03 o e Enforcement Team 0 Q) Chapter 22.20. REVIEW OF LAND USE ACTION APPLICATIONS 22.20.005. Effect of Determinations Made Outside of Established Processes. 22.20.010. Action on Land Use Action Applications. 22.20.015. Code Enforcement and Land Use 22.20.020. Administrative Land Use Decisions With Prior Notice. 22.20.030. Administrative Decision Without Prior Notice. 22.20.040. Final Action in Land Use Actions. 22.20.050. Temporary Approval. 22.20.052. Supplementation of Application Within First 30 Days of Submittal. 22.20.055. Modification of Application. 22.20.060. Repealed. 22.20.070. Availability of Administrative Decisions. 22.20.005. Effect of Determinations Made Outside of Established Processes. Any informal interpretation or determination, or any statement describing the uses to which a property may be put, made outside the declaratory ruling process (DCC 22.40) or outside the process for approval or denial of a land use permit (DCC 22.20 - 22.28) shall be deemed to be a supposition only. Such informal interpretations, determinations, or statements 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. (Ord. 95-045 §SA, 1995) 22.20.010. Action on Land Use Action Applications. A. Except for comprehensive plan amendments and zone changes and other instances where a hearing is required by state law or by other ordinance provision_ the Planning Director may decide upon a land use action application administratively either with prior notice, as prescribed under DCC 22.20.020 or without prior notice, as prescribed under DCC 22.20.030 or he may refer the application to the Hearings Body for hearing. The Planning Director shall take such action within 30 days of the date the application is accepted or deemed accepted as complete. This time limit may be waived at the option of the applicant. B. The Planning Director's choice between or among administrative or hearing procedures to apply to a particular application or determination shall not be an appealable decision. C. Zone change and plan amendment applications shall be referred to a hearing before the Hearings Body. (Ord. 96-071 § 1 C, 1996; Ord. 95-045 §6, 1995; Ord. 91-013 §2, 1991; Ord. 90-0(17 §1, 1990) 22.20.015 Code Enforcement and Land Use A. Except as described in (D) below, if any property is in violation of applicable land use regulations, and/or the conditions of approval of any previous land use decisions or building permits previously issued by the County, the County shall not: 1. Approve any application for land use development: 2. Make any other land use decision, including land divisions and/or property line adjustments; 3. Issue a building permit. B. As part of the application process, the applicant shall certify: 1. Thal to the best of the applicant's knowledge, the property in question, including any prior development phases of the property, is currently in compliance with both the Deschutes County Code and any prior land use approvals for the development of the property: or That the application is for the purpose of -bringing the property into compliance with the Deschutes County land use regulations and/or prior land use approvals. Chapter 22.20 1 (10/20) C. A violation means the property has been determined to not be in compliance either through a prior decision by the County or other tribunal, or through the review process of the current application, or through an acknowledgement by the alleged violator in a signed voluntary compliance agreement ("VCA"). D. A permit or other approval, including building permit applications, may be authorized if 1. It results in the property coming into full compliance with all applicable provisions of the federal, state, or local laws, and Deschutes County Code, including sequencing of permits or other approvals as part of a voluntary compliance agreement; 2. It is necessary to protect the public health or safety; 3. 1t is for work related to and within a valid easement over, on, or under the affected property; or 4. It is for emergency repairs to make a structure habitable or a road or bridge to bear traffic. E. Public Health and Safety. I. For the purposes of this section, public health and safety means the actions authorized by the permit would cause abatement of conditions found to exist on the property that endanger life, health, personal property, or safety of the residents of the property or the public. 2. Examples of that situation include, but are not limited to issuance of permits to replace faulty electrical wiring, repair or install furnace equipment; roof repairs; replace or repair compromised utility infrastructure for water. sewer, fuel or power; and actions necessary to stop earth slope failure. (Ord. 2020-007 §20, 2020; Ord. 2015-019, § 1, 2015) 22.20.020. Administrative Land Use Decisions With Prior Notice. A. Notice of the application shall be sent within 10 days of submittal of the application to persons entitled to notice under DCC 22.24.030. Such notice shall include all the information specified under DCC 22.24.040(A) except for the information specified in DCC 22.24.040(A)(7) and (10). B. Any person may comment in writing on the application within 10 days from the date notice was mailed or a longer period as specified in the notice. C. The Planning Director's decision to approve, deny or send to a hearing shall be made within 30 days after an application is accepted as complete. This time limit may be waived by the written consent of the applicant. D. Notice of the Planning Director's decision and the appeal period shall be sent to all persons entitled to notice under DCC 22.24.030, to all persons who commented and to all members of the Planning Commission. The notice shall contain the applicable information required under DCC 22.24.040. E. The applicant. all persons entitled to notice under DCC 22.24.030 and all other persons commenting as provided in DCC 22.20.020 constitute parties to the administrative decision. Any party can appeal the decision in accordance with DCC 22.32. (Ord. 96-071 § 1 C, 1996; Ord. 95-045 §7, 1995; Ord. 91-013 §3, 1991; Ord. 90-007 § l , 1990) 22.20.030. Administrative Decision Without Prior Notice. The procedures for administrative decisions without prior notice shall be the same as those set forth in DCC 22.20.020, except that no prior notice shall be given. (Ord. 96-071 § 1 C, 1996; Ord. 90-007 § I , 1990) 22.20.040. Final Action in Land Use Actions. A. Except as otherwise provided, the County shall take final action, including consideration ofappeals to the Board, in land use actions within 150 days after the application is deemed complete. B. The periods set forth in DCC 22.20.040 during which a final decision on an application must be made may be extended for a specified period of time at the written request of the applicant. C. The total of all extensions may not exceed 21.5 days. Chapter 22,20 (10f'20) D. Applications for the following determinations or approvals are exempt from the 1 SO -day time limit established by DCC 22.20.040: I. Quasi-judicial comprehensive plan amendments; 2. Revocation proceedings; 3. Lot of record determinations; 4. Initiation of approval determinations; and 5. Consideration of remanded applications, the time limit for which is as set forth in DCC 22.34.030. (Ord. 2008-027 § 2, 2008; Ord. 99-031 §3. 1999; Ord. 96-071 § IC 1996; Ord. 95-045 §8, 1995; Ord. 90-007 §l, 1990) 22.20.050. Temporary Approval. A. The purpose of temporary land use approval is to allow an applicant in certain hardship or emergency situations to proceed without notice to those ordinarily entitled to notice with a lane) use action proposed in an application made to the Planning Division before the Division completes its review of the proposed use. In all cases, an applicant receiving temporary approval must obtain final approval on the submitted application pursuant to the procedures specified in DCC Title 22. B. Subject to DCC 22.20.050(E), the Board of County Commissioners or the Planning Director may authorize a temporary land use approval. provided: 1. An application for the land use approval has been accepted as complete. 2. A fee for review of the temporary approval has been paid. 3. The applicant has demonstrated good and sufficient cause for such a temporary approval. 4. It appears that the application will be given final approval in substantially the form submitted by the applicant. 5. The applicant accepts each and every risk of loss and damage that may result if the application is denied, and further agrees in writing to hold County, its officers, agents and employees harmless from such loss and damage. 6. Applicant agrees in writing to restore the site to its original condition if the application for the land use approval is denied. C. For the purposes of DCC 22.20.050, "good cause" shall include only hardship or emergency situations arising due to factors that, through the exercise of ordinary diligence, the applicant could not have foreseen. "Good cause" does not include an applicant's request for a temporary permit for reasons of convenience only. D. A temporary use approval shall not be granted for variances, zone changes or plan amendments. E. The scope of the temporary approval shall be limited to allow the applicant to proceed only with that portion of the proposed use justifying the applicant's claim of hardship or emergency. F. A temporary use approval shall expire as follows: I. Six months from the date of approval, if no decision has been reached on the underlying application. 2. On the date the appeal period runs on the decision on the underlying application. 3. On the date that all appeals of the decision on the underlying application are decided and final. G. A decision to approve a temporary use application is not appealable. (Ord. 96-071 § I C. 1996: Ord. 95-045 §9, 1995; Ord. 91-013 §4-6. 1991: Ord. 90-007 § I , 1990) 22.20.052. Supplementation of Application Within First 30 Days of Submittal. An applicant shall not submit any evidence to supplement its application during the 30 days following submittal of its application_ except to submit the affidavit of posting required by DCC 22.08.010 or to respond to a request for additional information made under DCC 22.08.030. Any evidence submitted by an applicant in violation of DCC 22.20.052 will not be considered in determining whether the application is complete and will be returned to the applicant. (Ord-. 96-07 I -§ IC1996) Chapter 22.20 (10/20) 22.20.055. Modification of Application. A. An applicant may modify an application at any time during the approval process up until the close of the record, subject to the provisions of DCC 22.20.052 and DCC 22.20.055. B. The Planning Director or Hearings Body shall not consider any evidence submitted by or on behalf of an applicant that would constitute modification of an application (as that term is defined in DCC 22.04) unless the applicant submits an application for a modification, pays all required modification fees and agrees in writing to restart the 150-day time clock as of the date the modification is submitted. The 150- day time clock for an application, as modified, may be restarted as many times as there are modifications. C. The Planning Director or Hearings Body may require that the application be re -noticed and additional hearings be held. D. Up until the day a hearing is opened for receipt of oral testimony. the Planning Director shall have sole authority to determine whether an applicant's submittal constitutes a modification. After such time, the Hearings Body shall make such determinations. The Planning Director or Hearings Body's determination on whether a submittal constitutes a modification shall be appealable only to LUBA and shall be appealable only after a final decision is entered by the County on an application. (Ord. 99-031 §§4, 1999; Ord. 96-071 § I C, 1996) 22.20.060. (Repealed by Ord, 96-071. 1996) 22.20.070. Availability of Administrative Decisions. All administrative decisions for the preceding month shall be made available for public review at a location to be designated by the Planning Director. In addition, the Planning Director shall maintain for public inspection a registry of administrative decisions for the previous 12-month period. (Ord. 90-007 § 1, 1990) (10'20) Chapter 22.20 4 SES Q -< 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 Wednesday Meeting of January 27, 2021 DATE: January 20, 2021 FROM: Whitney Hale, Administrative Services, 541-330-4640 TITLE OF AGENDA ITEM: FY21 Q3 Discretionary Grant Review RECOMMENDATION & ACTION REQUESTED: Review applications and determine awards for discretionary grant applications submitted for the third quarter of 2020-21. BACKGROUND AND POLICY IMPLICATIONS: Each quarter, the Board of Commissioners reviews applications submitted to the Deschutes County Discretionary Grant Program and makes awards accordingly. On January 27, 2021, the Board will consider requests made for activities to take place beginning on or about the third quarter of 2020-21. ATTENDANCE: Whitney Hale, Communications Director L'. l - r r '<;?. x"- 7.'Pi lls.s, .rt. 'T. / Y'SF, ,,rS.. a;.F s.✓ rl i 4 r. :$''Y'_.. .a4 7;,�. .! .ft �t ,. s . P i . r '�.. I .. .rt �' � 3 3. J2,: �.,.0 ,�n2 er h. f < J 9 .t : .. 1 - ! -. F _ 5 h.. Sub. k 1r,.,.3 � S 9 �i n .� £+ j rr� l,s.l:s. .s �'r '�`5 .� 'u .;fi. a' ,r1,�rZs?z�s� �F ,m. r„ �'r. .: hz..h,,. Y �;l ;� �'.,. , .... -�U, ,,,, rrN ,,: .i>s:< -,� �.. � .N .4,e.�..z!; ���:- �r�.vr . ,, T 1Z.. a ..,a...,.0 5,.r „� Healthy Lifestyles Program Dedicated Heat Source for Outside Meals Empower Cycling Program Central Oregon Fence Build Transportation - Cargo Trailer Purchase Hot Meals Program Theater Production Video Camera 2021 Veterans Counseling zr�?k C� 3 f �L 4c Z4 � s � - > O O Ln (- O O LID N O O Ln N O O o N O O 0 Da- O O 0 d- O O 0 000`Z$ uolo w 1 n '� r'ptvA `�'t i �` ,. z +, r Nr tr t f 2 W ARMOSMOYMMONOMMO Bicycle Resource of Bend • Council on Aging Destination Rehab Fences for Fido Furnish Hope La Pine Community Kitchen Sunriver Stars The Shield f.F y e >s, TN.`fJf. �r aY e�it Slt DISCRETIONARY GRANT Q3 PROGRAM STATUS O 0 N z O 6 424 O O LT Lfl 4A- z O Lri b9- 0 _O J C 0 u LIl \)TES 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 Wednesday Meeting of January 27, 2021 DATE: January 21, 2021 FROM: Tanya Saltzman, Community Development, TITLE OF AGENDA ITEM: Marijuana Licensee Status Update This agenda item provides an overview of recent and ongoing developments pertaining to marijuana in Deschutes County. MEMORANDUM TO: Deschutes County Board of Commissioners FROM: Tanya Saltzman, AICP, Senior Planner Adam Smith, Assistant Legal Counsel DATE: January 21, 2021 SUBJECT: Marijuana Update I. OVERVIEW Staff recognizes that the issues surrounding marijuana land use in Deschutes County have been dynamic and complex since the inception of the County's recreational marijuana program in 2015. This agenda item aims to provide an overview of recent and ongoing developments pertaining to marijuana in Deschutes County. Some topics are summarized briefly below and shall be discussed by staff in the Board of County Commissioners (Board) public meeting on January 27, 2021, and several additional issues may be addressed during Executive Session. II. RECENT MARIJUANA ITEMS Marijuana Business Totals - Existing and Projected Table 1 illustrates the current and potential number of marijuana businesses in Deschutes County, with further explanations below. Table 1, Current and Potential Marijuana Businesses in Deschutes Coun Currently Operating in Deschutes County (Valid Land Use Permit & Active OLCC License) Potential to Operate in Deschutes County (Valid Land Use Permit; Pending OLCC License) Total (Existing plus potential) Producers 19 13 32 Processors 4 2 __ 6 Wholesalers 1 1 n/a Retailers 1 1 n/a • Owing to the passage of Ballot Measure 9-134 in November 2020, which prohibits new marijuana production and processing businesses in Deschutes County, the potential number of production and processing businesses is finite. However, there are no such restrictions on wholesale and retail businesses and as such the potential number of these businesses is uncertain. • Table 1 represents active, valid approvals only: o Several properties (4 production, 1 processing, and 1 wholesale) that received Oregon Liquor Control Commission (OLCC) production or processing licenses subsequently cancelled their license with OLCC or had it suspended. o Several applicants (12 total) who received their County land use approval for marijuana production or processing but who were still waiting for their OLCC license let their local approval expire either intentionally (leaving the business) or unintentionally. Additional discussion of expiration appears below. • Two denied marijuana production applications that were recently appealed and reversed by LUBA with the Court of Appeals then subsequently affirming LUBA's decision are included in Table 1 in the "Potential to Operate" category. Ballot Measure 9-134 (Opt Out) and Code Amendments As noted above, the passage of Ballot Measure 9-134 in November 2020 prohibits the establishment of new marijuana production and processing businesses in Deschutes County. However, existing businesses may continue to operate pursuant to the conditions of approval under which they were approved. These provisions are codified in Deschutes County Code (DCC) Chapter 18.116.330.1 Staff suggests that the Board direct the preparation of code amendments to clarify that DCC 18.116.330 applies to existing production and processing businesses only, and that no new applications for these uses will be accepted by the County. Those amendments may also clarify that the sections of code governing marijuana retail and wholesale remain applicable to both new and existing applications. Annual Reporting As outlined in an email to the Board on December 1, 2020, Planning Division staff conducted annual reporting and site visits for reporting year 2020 successfully despite logistical complications from the COVID-19 pandemic. Deschutes County Code requires annual reporting documents to be submitted by the applicant or licensee by February 1st of each year to report on the previous calendar year. The annual reporting form, which is mailed at the end of December to all property owners/applicants/licensees with land use approval(s) for marijuana production, processing, or retail, requires the applicant to document items including approval date, OLCC license and status, mature canopy size, System Development 1 https://weblink.deschutes.org/Public/DocView.aspx?id=92490&dbid=0&repo=LFPUB Page 2 of 5 Charge (SDC) payment status, and verification of noise and odor systems and water supply. Upon receipt of this form (and fee when applicable), the Community Development Department (CDD) schedules a site visit, utilizing a checklist that was revised by the Board in the spring of 2019. This checklist verifies the observed conditions of land use approval, including setbacks, structure type, mature canopy size, lighting, and odor and noise control systems. For sites that have County land use approval but the OLCC license is still pending, staff performs site visits to verify that the use has not yet been initiated. As with reporting year 2019, staff observed 100 percent compliance with observable conditions of approval, and for those with local approval but in the queue for their OLCC license, staff verified that none of them were producing marijuana. The primary difference between this year and last year's inspections was a reduction in site visit numbers —in other words, applicants have either left the marijuana business and cancelled their OLCC license or, for those not yet licensed, have decided not to pursue the marijuana business and have either sold their property or let their local land use approval lapse. In 2020, the COVID-19 pandemic affected the site visit schedule and visit protocol. Inspections were pushed to late summer and fall as staff assessed the continually -changing environment with respect to County/CDD operations, staffing, and general health precautions. Ultimately, the final site visits were completed on November 24, 2020. In previous years, site visits were conducted with two staff members from the Planning Division. This year, site visits were conducted by a single staff member at a time due to COVID precautions; staff utilized proper mask and social distancing protocols and asked property owners/managers to do so as well (and all complied). Staff aimed to be flexible with applicants' schedules who were either isolating or who themselves had been exposed to COVID-19. Requests for Modifications to the Deschutes County Marijuana Program Over the last few months, two property owners have reached out to CDD proposing changes to DCC. These proposals are only summarized below, but may be discussed in more detail as part of the development and approval of CDD's annual work plan. • One business requested a work plan item for FY 21-22 to remove the annual reporting and inspecting process, which would entail a text amendment to DCC 18.116.330(D). The business' arguments for this amendment note that 1) all businesses have been in compliance for the duration of the annual reporting process; 2) these businesses are already regularly inspected by OLCC; and 3) the county's process is both expensive and time consuming for everyone involved. Instead, the business argues that CDD should rely on its current code enforcement process to address the properties and businesses not in compliance (the process utilized for all other businesses) rather than subjecting marijuana businesses to the current process and fees. It should be noted that Deschutes County charges $796 per annual report review/inspection for licensed marijuana businesses and the administrative work and staff time for the annual reporting and site visit coordination is significant. • A marijuana retail business has requested Deschutes County amend the code as part of the FY 21-22 work plan to increase the hours that retail businesses may operate in the rural Page 3 of 5 county. Currently, the County allows retailers to be open from 9 a.m. to 7 p.m., whereas OLCC permits hours of 7 a.m. to 10 p.m. Correspondence and Clarification with Oregon Liquor Control Commission (OLCC) Throughout the last two years as the County has undergone changes to its marijuana program, culminating in Ballot Measure 9-134 (Opt Out), County staff has attempted to coordinate with OLCC regarding these changes. Highlights are as follows: Expiration Per DCC 22.36.010(B)(1), and as noted in the applicant's Conditions of Approval, a land use permit is void two years after the date the discretionary decision becomes final if the approved use is not initiated within that two-year time period, or if the applicant does not file for an extension prior to the expiration date. After that date, if the applicant takes no action, he or she is no longer permitted by Deschutes County to produce, process and/or sell marijuana per the conditions of the land use approval. Due to numerous factors, including high demand and later, the COVID-19 pandemic, OLCC experienced a backlog of applicants, resulting in multi -year waits for those who had local land use approval to receive their OLCC license. This waiting period has resulted in the need for applicants to file for extensions to their local marijuana land use permit; it has also resulted in some applications expiring, whether intentionally or unintentionally, meaning that the use would now be prohibited. Deschutes County and OLCC should both be self -interested in forging a close partnership when it comes to regulating marijuana business in the County because all such businesses are predicated on both a land use permit (issued by the County) and a license (issued by OLCC). As such, staff attempted to develop a shared process with OLCC to communicate, prior to OLCC issuing a license, when our land use permits have expired. OLCC staff insisted, however, that the only way they will revoke or stop processing a license application is if Deschutes County issues a new Land Use Compatibility Statement (LUCS) even though previously -issued LUCSs were predicated on now -expired land use permits. However, under current practice the County does not create a new LUCS without it being initiated and signed by the applicant so this is not a viable option within County procedures. Ultimately, staff was not able to establish a mutually agreed -upon procedure with OLCC. Instead, for each local expiration, staff will send a letter to OLCC (also copying the applicant), noting that the LUCS in question has expired. If OLCC continues to issue a license to an applicant with an expired local land use permit and if that applicant attempts to establish the marijuana businesses based on the OLCC license alone, the County's only recourse will then be to initiate code enforcement proceedings against the marijuana business. Hopefully, that code enforcement action will eventually also trigger OLCC action. Change of Ownership/Location Staff coordinated with OLCC to share interpretations of a change of ownership scenario and how it relates to the County's opt -out ordinance. Page 4 of 5 At the outset, it should be noted this issue is speculative only as the scenario described below has not come to fruition. The concern stems from a marijuana business owner with a valid local land use permit and an OLCC license selling the property and business. In that scenario, the County land use permit would automatically transfer to the new owner as land use permits generally "run with the land." OLCC, however, considers a change in ownership a new license application, and OLCC staff informed the County that they interpret the County's opt out ordinances as prohibiting even a change of ownership license application. County staff repeatedly explained that the opt out ordinances were drafted to address the County's authority to issue land use permit, and OLCC's interpretation is contrary to the County's repeatedly -stated intention. Further, OLCC's interpretation is primarily based on nuanced language that OLCC asked to be included in the County's "clarification" ordinance adopted to resolve OLCC's prior interpretation dispute. If this issue comes to fruition, an aggrieved marijuana business could force OLCC to litigate its strained interpretation of the County's opt out ordinance. County staff informed OLCC that its interpretation is clearly contrary to the County's clearly -stated intention and arguably contrary to the express language of the opt out ordinances and other supporting documents explaining those ordinances as part of the general election process. Notably, OLCC did not raise this issue with County staff until after the general election, thereby precluding the County from easily resolving the issue with a second "clarification" ordinance. Similarly, if a property with a valid local land use permit for marijuana but no OLCC license is sold, the County considers this to remain a valid land use approval and as such may proceed with the OLCC licensing process. For the reasons stated above, OLCC appears to disagree A third scenario —still speculative, as with those above —concerns a marijuana business owner with a valid local land use permit and an OLCC license who wants to change locations. A change in location would require a new land use permit from the County, which, owing to the opt out, can no longer be obtained. OLCC, however, does not consider a change in location to be a new license application. It is unclear if OLCC would require a new LUCS in that situation. If OLCC does require a new LUCS, the County would be unable to provide this and therefore OLCC would not be able to license the new location. However, if OLCC does not require a new LUCS, the situation would then become similar to the scenario above, in which OLCC issues a license to an applicant who Tacks a valid land use permit, requiring the County to address the situation through code enforcement proceedings. III. NEXT STEPS Staff can provide additional information on any of these topics upon request by the Board. Additional items may be discussed at a subsequent Executive Session. Page 5 of 5