2021-388-Ordinance Recorded 10/5/2021REVIEWED
1
LEGAL COUNSEL
Recorded in Deschutes County CJ2021-388
Steve Dennison, County Clerk
Commissioners' ,journal 10/05/2021 3:58:37 PM
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2021-388
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
Title 18, Deschutes County Zoning, to Modify
Marijuana Annual Reporting Requirements.
* ORDINANCE NO. 2021-012
WHEREAS, the Deschutes County Community Development Department (CDD) initiated amendments
(Planning Division File No. 247-21-000579-TA) to the Deschutes County Code (DCC) Title 18, Chapter 18.116,
Supplementary Provisions, to modify marijuana annual reporting requirements; and
WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on July 22,
2021 and forwarded to the Deschutes County Board of County Commissioners ("Board") a unanimous
recommendation of approval pending minor clarifications to the proposed language; and
WHEREAS, the Board considered this matter after a duly noticed public hearing on August 25, 2021 and
concluded that the public will benefit from the proposed changes to the Deschutes County Code Title 18; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 18.116. Supplementary Provisions, is amended to read as described in
Exhibit "A", attached hereto and by this reference incorporated herein, with new language underlined and
language to be deleted in stele
PAGE 1 OF 2 - ORDINANCE NO.2021-012
Section 2. FINDINGS. The Board adopts as its findings, Exhibit "B" attached and incorporated by
reference herein.
Dated this � of , 2021
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
PHILIP(!HANG, Vice Chair
PA Tl ADAIR
Date of 1st Reading: day of , 2021.
Date of 2nd Reading: �1 day o )L4 , 2021.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Anthony DeBone
Philip Chang 9C _
Patti Adair
Effective date: day of �"9 , 2021.
PAGE 2 OF 2 - ORDINANCE NO.2021-012
Chapter 18.116. SUPPLEMENTARY PROVISIONS
18.116.330 Marijuana Production, Processing, Retailing, and Wholesaling
D. Annual Reporting
1. Aii animal rCi o t is rc_catiii-e _i_rtiiless the ai)i)ra\ c_d a[)p caiit li zs 00 ,scci rcd a 11cc rise fi_c>-rti dic
OLC ;_(W oper_ited diroi gli at least ()11csc<tsoii: an(i(c;) obtailied a ��a.sEtr7 > itiSI)eCtic>>t
ft-ojii fh ;.Coinrji a ity Develoiriifciit_flc f:^ix-ti7icat. I'licreaCter, toaji ited aiiinial I-CD0�111112 is 1101_
atiliitnlc°_sue tlac iicn5c is Iriodificd,. iti \vlCclit _C sC an,nii<l istccc �ritiiltT}q�t?)
aii d .(c) are once_ a ( airy s it l sf is d._An annual report shall be submitted to the Community
Development Department by the real property owner or licensee, if different, each February 1,
documenting all of the following as of December 31 of the previous year, including the applicable
fee as adopted in the current County Fee Schedule and a fully executed Consent to Inspect Premises
form:
a. Documentation demonstrating compliance with the:
i. Land use decision and permits.
ii. Fire, health, safety, waste water, and building codes and laws.
iii. State of Oregon licensing requirements.
b. Failure to timely submit the annual report, fee, and Consent to Inspect Premises form or to
demonstrate compliance with DCC 18.116. 330(C)(1)(a) shall serve as acknowledgement by
the real property owner and licensee that the otherwise allowed use is not in compliance with
Deschutes County Code; authorizes permit revocation under DCC Title 22, and may be relied
upon by the State of Oregon to deny new or license renewal(s) for the subject use.
c. Other information as may be reasonably required by the Planning Director to ensure
compliance with Deschutes County Code, applicable State regulations, and to protect the public
health, safety, and welfare.
d. Marijuana Control Plan to be established and maintained by the Community Development
Department.
e. Conditions of Approval Agreement to be established and maintained by the Community
Development Department.
f. This information shall be public record subject to ORS 192.502(17).
(Qr& 2021 -01 ,i i ,')02 1:, Ord. 2021-004 §7, 2021; Ord. 2020-007 § 16, 2020; Ord. 2019-012, 2019; Ord.
2018-012 §3, 2018; Ord. 2016-015 § 10, 2016)
Chapter 18.116 -1- (9/2021)
EXHIBIT A to ORDINANCE NO. 2021-012
FINDINGS
I. PROPOSAL
This is a legislative text amendment to Deschutes County Code (DCC), Title 18, County Zoning. The changes are as
follows:
DCC 18.116.330(D)(1): Adds text to state "An annual report is required unless the approved applicant has
(a) secured a license from the OLCC; (b) operated through at least one growing season; and (c) obtained a
passing inspection from the Community Development Department. Thereafter, mandated annual
inspection is not applicable unless the license is modified, in which case annual inspection is required until
(a), (b), and (c) are once again satisfied. An annual report shall be submitted to the Community
Development Department..." (new text indicated in bold type).
II. REVIEW CRITERIA
Deschutes County lacks specific criteria in DCC Titles 18, 22, or 23 for reviewing a legislative plan amendment.
Nonetheless, since Deschutes County is initiating one, the County bears the responsibility for justifying that the
amendments are consistent with Statewide Planning Goals and its existing Comprehensive Plan.
A. Statewide Planning Goals and Guidelines
Goal 1: Citizen Involvement: The amendments do not propose to change the structure of the County's citizen
involvement program. Notice of the proposed amendments were provided to the Bulletin for the Board public
hearing.
Goal 2: Land Use Planning: This goal is met because ORS 197.610 allows local governments to initiate post
acknowledgments plan amendments (PAPA). An Oregon Land Conservation and Development Department 35-day
notice was initiated on June 9, 2021. The Planning Commission held a public hearing on July 22, 2021 and the
Board of County Commissioners will hold a public hearing on August 25, 2021. The Findings document provides
the adequate factual basis for the amendments.
Goal 3: Agricultural Lands: The proposed amendments do not make changes regarding marijuana's status as a
farm crop, or the appropriate location of commercial grow sites and processing operations, and therefore
continue to support Statewide Goal 3, to preserve and maintain agricultural lands. The proposed amendments to
the County Code are consistent with these provisions of state law and are therefore consistent with Goal 3.
Goal 4: Forest Lands: The proposed text amendments do not propose to change the County's Plan policies or
implementing regulations for compliance with Goal 4, and therefore are in compliance.
Goal 5: Open Spaces, Scenic and Historic Areas, and Natural Resources: Complies because the text amendment
does not propose to change the County's Plan policies or implementing regulations for Goal 5 open spaces, scenic
and historic areas, and natural resources.
Goal 6: Air, Water and Land Resources Quality: The proposed text amendments do not propose to change the
County's Plan policies or implementing regulations for compliance with Goal 6, and therefore are in compliance.
Page 1 of 3 - EXHIBIT B TO ORDINANCE NO. 2021-012
Goal 7: Areas Subject to Natural Disasters and Hazards: The proposed text amendments do not propose to change
the County's Plan or implementing regulations regarding natural disasters and hazards; therefore, they are in
compliance.
Goal 8: Recreational Needs: Complies because the text amendment does not propose to change the County's Plan
or implementing regulations regarding recreational needs.
Goal 9: Economy of the State: Goal 9 and its implementing regulations focus on economic analysis and economic
development planning required in urban Comprehensive Plans. The proposed amendments apply to rural lands
but do not propose to amend the Comprehensive Plan. Nevertheless, changing the reporting requirements will
not have a direct effect on the economy of the state.
Goal 10: Housing: This goal is not applicable because, unlike municipalities, unincorporated areas are not obligated
to fulfill certain housing requirements.
Goal 11: Public Facilities and Services: Complies because the text amendments do not propose to change the
County's Plan or implementing regulations regarding public facilities and services.
Goal 12: Transportation: The proposed text amendments do not propose to change the County's Plan or
implementing regulations regarding the Transportation System Plan; therefore, they are in compliance.
Goal 13: Energy Conservation: Complies because the text amendments do not propose to change the County's
Plan or implementing regulations regarding energy conservation.
Goal 14: Urbanization: Complies because the text amendments do not propose to change the County's Plan or
implementing regulations regarding urbanization.
Goals 15 through 19 are not applicable to the proposed text amendments because the County does not contain
these types of lands.
D. Deschutes County Comprehensive Plan
Chapter 1, Comprehensive Planning: This chapter sets the Goals and Policies of how the County will involve the
community and conduct land use planning. As described above, the proposed regulations will be discussed at
work sessions with the Board of County Commissioners, as well as to the Planning Commission, which is the
County's official committee for public involvement. Both will conduct separate public hearings.
These actions also satisfy the Goals and relevant Policies of Section 1.3, Land Use Planning Policies. Goal 1 of this
section is to "maintain an open and public land use process in which decisions are based on the objective
evaluation of facts." Staff, the Planning Commission, and the Board reviewed the text amendments.
Chapter 2, Resource Management: This chapter sets the Goals and Policies of how the County will protect
resource lands, including but not limited to, Agriculture and Forest as well as Water Resources and Environmental
Quality.
Section 2.2, Agricultural Lands Policies, states that Goal 1 is to "preserve and maintain agricultural lands and
the agricultural industry." Changing annual reporting requirements for existing marijuana production and
processing businesses will not have a direct effect on the agricultural lands they may operate on.
Page 2 of 3 - EXHIBIT B TO ORDINANCE NO. 2021-012
Goal 2 promotes a diversified, sustainable, revenue -generating agricultural sector. Policy 2.2.10 calls for the
promotion of economically viable opportunities and practices while Policy 2.2.11 encourages small farming
enterprises including but not limited to, niche markets and organic farming and valued -added projects. The
proposed text amendments do not change existing marijuana businesses' ability to operate as a revenue
generating agricultural businesses.
Goal 3 specifies the Exclusive Farm Use (EFU) policies, classifications, and codes are consistent with local and
emerging agricultural conditions and markets. As noted above, the proposed amendments only impact
reporting aspects of marijuana recreational production and processing businesses, not agricultural conditions
and markets.
Page 3 of 3 - EXHIBIT B TO ORDINANCE NO. 2021-012
COMMISSIONERSBOARD OF
MEETING DATE: 9/29/2021
SUBJECT: Consideration of Second Reading: Ordinance No. 2021-012 - Marijuana Annual
'�a
RECOMMENDED MOTION:
Conduct second reading of Ordinance No. 2021-012, Marijuana Annual Reporting.
BACKGROUND AND POLICY IMPLICATIONS:
The Board of County Commissioners will conduct a second reading of Ordinance No. 2021-
012 on September 29, 2021. The Board held a public hearing on August 25 concerning
Ordinance No. 2021-011, legislative amendments to 1) extend the permitted hours for
marijuana retail businesses and 2) modify marijuana annual reporting requirements.
During deliberations, the Board chose to decouple the two components of Ordinance No.
2021-011. The amendments addressing the extension of marijuana retail hours were
maintained in Ordinance No. 2021-011 (adopted on September 8). The other half of the
original text amendment package concerning marijuana annual reporting was repackaged
into a new ordinance (Ordinance No. 2021-012) for the Board's separate consideration. The
new ordinance contained requested changes to the language to reflect the Board's desired
annual reporting requirements once following OLCC licensure, as outlined in the attached
proposal. On September 8, 2021, the Board voted to approve new Ordinance No. 2021-012
and conducted first reading.
BUDGET IMPACTS:
None.
ATTENDANCE:
Tanya Saltzman, Senior Planner, Community Development
MEMORANDUM
TO: Deschutes County Board of Commissioners
FROM: Tanya Saltzman, AICP, Senior Planner
DATE: September 23, 2021
SUBJECT: Second Reading: Marijuana Annual Reporting Text Amendments (Ordinance No.
2021-012)
The Board of County Commissioners (Board) will conduct a second reading of Ordinance No. 2021-
012 on September 29, 2021. The Board held a public hearing on August 25 concerning Ordinance No.
2021-011, legislative amendments to 1) extend the permitted hours for marijuana retail businesses
and 2) modify marijuana annual reporting requirements.'
During deliberations, the Board chose to decouple the two components of Ordinance No. 2021-011.
The amendments addressing the extension of marijuana retail hours were maintained in Ordinance
No. 2021-011 (adopted on September 8). The other half of the original text amendment package
concerning marijuana annual reporting was repackaged into a new ordinance (Ordinance No. 2021-
012) for the Board's separate consideration. The new ordinance contained requested changes to the
language to reflect the Board's desired annual reporting requirements once following OLCC licensure,
as outlined in the proposal below. On September 8, 2021, the Board voted to approve new Ordinance
No. 2021-012 and conducted first reading.
Desired outcome: Conduct second reading of Ordinance No. 2021-012, Marijuana Annual Reporting.
I. BACKGROUND
Staff submitted a 35-day Post -Acknowledgement Plan Amendment (PAPA) notice to the Department
of Land Conservation and Development (DLCD) on June 9, 2021. Staff initially brought these issues to
the Planning Commission for a preliminary discussion on May 13,2 and had a subsequent discussion
with the Board of County Commissioners on May 24,3 at which time the Board directed staff to initiate
1 https://www.deschutes.org/bcc/page/board-county-commissioners-meeting-4
z https://deschutescountyor.igm2.com/Citizens/Detail_Meeting.aspx?ID=2770
a https://deschutescountyor.igm2.com/Citizens/Detail_Meeting.aspx?ID=2701
the text amendment process. Staff held a public hearing before the Planning Commission on July 22,
2021, at which time the Planning Commission recommended approval of the amendments
addressing annual reporting, with requested clarifications to the language. A summary of the
proposed amendments and background information was provided to the Board in the packet
submitted for its August 18, 2021 work session.4
11. PROPOSAL
The proposed text amendments are as follows:
• DCC 18.116.330(D)(1): Adds text to state "An annual report is required unless the approved
applicant has (a) secured a license from OLCC; (b) operated through at least one growing
season; and (c) obtained a passing inspection from the Community Development
Department. Thereafter, mandated annual reporting is not applicable unless the license
is modified, in which case annual reporting is required until (a), (b), and (c) are once again
satisfied. An annual report shall be submitted to the Community Development Department..."
(new text indicated in bold type).
Attachments:
1. Ordinance No. 2021-012
2. Corresponding Exhibits to Ordinance No. 2021-012:
Exhibit A - DCC Chapter 18.116, Supplementary Provisions
Exhibit B - Findings
a https://www.deschutes.org/bcc/page/board-county-commissioners-meeting-40
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