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2023-277-Minutes for Meeting July 24,2023 Recorded 8/30/2023Steve Dennison, County Clerk Commissioners' Journal Recorded in Deschutes County CJ2023-277 08/30/2023 12:36:34 PM IIIIIIIIIIIIIIIIIIIIIIIIIIII ZII Do not remove this page from original document. Deschutes County Clerk Certificate Page BOARD OF COMMISSIONERS BOARD OF COUNTY COMMISSIONERS MEETING 1:00 PM, MONDAY, JULY 24, 2023 Allen Room Deschutes Services Building - 1300 NW Wall St - Bend (541) 388-6570 I www.deschutes.org AGENDA MEETING FORMAT: In accordance with Oregon state law, this meeting is open to the public and can be accessed and attended in person or remotely, with the exception of any executive session. Members of the public may view the meeting in real time via YouTube using this link: http://bit.ly/3mminzy. To view the meeting via Zoom, see below. Citizen Input: The public may comment on any topic that is not on the current agenda. Alternatively, comments may be submitted on any topic at any time by emailing citizeninput@deschutes.org or leaving a voice message at 541-385-1734. When in -person comment from the public is allowed at the meeting, public comment will also be allowed via computer, phone or other virtual means. Zoom Meeting Information: This meeting may be accessed via Zoom using a phone or computer. • To join the meeting via Zoom from a computer, use this link: http://bit.Iy/3h3ogdD. • To join by phone, call 253-215-8782 and enter webinar ID # 899 4635 9970 followed by the passcode 013510. • If joining by a browser, use the raise hand icon to indicate you would like to provide public comment, if and when allowed. If using a phone, press *6 to indicate you would like to speak and *9 to unmute yourself when you are called on. eg 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, call (541) 388-6572 or email brenda.fritsvold@deschutes.org. Time estimates: The times listed on agenda items are estimates only. Generally, items will be heard in sequential order and items, including public hearings, may be heard before or after their listed times. CALL TO ORDER CITIZEN INPUT: Citizen Input may be provided as comment on any topic that is not on the agenda. Note: In addition to the option of providing in -person comments at the meeting, 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 noon on Tuesday in order to be included in the meeting record. AGENDA ITEMS 1. 1:00 PM Deschutes County Medical Examiner Update 2. 1:20 PM Emergency Management Performance Grant Application 3. 1:30 PM Senate Bills 391 and 644 Work Session - Rural Accessory Dwelling Unit (ADU) Legislative Amendments 4. 1:50 PM Greater Sage -Grouse - 2023 Mapping Update 5. 2:10 PM Treasury Report for June 2023 6. 2:25 PM Finance Report for June 2023 - Preliminary 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. ADJOURN July 24, 2023 BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 2 1300 NW Wal BOARD OF COMMISSIONERS I Street, Bend, Oregon (541) 388-6570 FOR RECORDING STAMP ONLY BOCC MEETING MINUTES 1:00 PM MONDAY July 24, 2023 Allen Room Live Streamed Video Present were Commissioners Anthony DeBone, Patti Adair and Phil Chang. Also present were Deputy County Administrator Erik Kropp; Assistant County Counsel Kim Riley; and BOCC Executive Assistant Brenda Fritsvold. This meeting was audio and video recorded and can be accessed at the Deschutes County Meeting Portal website www.deschutes.org/meetings. CALL TO ORDER: Chair DeBone called the meeting to order at 1:00 p.m. CITIZEN INPUT: None AGENDA ITEMS: Due to some technical difficulties, Agenda Item #2 was heard before Agenda Item #1. 2. Emergency Management Performance Grant Application Sgt. Nathan Garibay explained the request of the Deschutes County Sheriffs Office to apply for an Emergency Management Performance Grant from the Oregon Office of Emergency Management for planning, coordination and oversight of the County's emergency management program. Approximately $92,616 is expected to be awarded; the required matching funds will be provided from the Sheriff's Office budget and other local, state and federal funds. ADAIR: Move to authorize the Deschutes County Sheriff's Office to submit an BOCC MEETING JULY 24, 2023 PAGE 1 OF 7 application for an Emergency Management Performance Grant to support Deschutes County's emergency management program CHANG: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried 1. Deschutes County Medical Examiner Update Dr. Anne Onishi presented an update on the medical examiner services provided to the County by herself and Maureen McCaffrey as independent contractors, saying that the volume of cases handled has increased tremendously in the recent past in part because the State's Medical Examiner's Office has ceased to perform certain functions. Other factors contributing to the growth in case volume include the aging population and the increasing number of drug -related deaths. Onishi explained that a team of eight to ten nurse investigators cover Deschutes as well as Crook County and described the actions undertaken in a death investigation, which take an average of four to six hours per case to process. Continuing, Onishi said the office investigates between 600 and 700 cases each year, and an additional 1000-1200 calls are received regarding other deaths which are not investigated. She spoke to the need for more persons who are certified by the American Board of Medicolegal Death Investigators and said it is necessary to have a full-time office manager to handle administrative duties. Other expenses are incurred to compensate the nurse investigators, including their travel costs and cell phones. Commissioner Chang asked about the cost of bringing this function in-house. Onishi offered to put together an in-house staffing model for the County's consideration. Responding to Commissioner DeBone, Onishi said the office is in the process of relocating and would prefer to have office space in Bend of approximately 200 to 300 square feet in size. Deputy County Administrator Erik Kropp acknowledged Dr. Onishi's request to adjust the services contract to cover the following increases: contracted staff expenses ($18,000), administrative expenses ($12,000), travel reimbursement ($3,500) and education and training ($2,500), and to raise the medical investigation fee from $150 to $200 per case. In FY 2023, the maximum compensation under the Medical Examiner contract, including allowable reimbursements, was $365,000. BOCC MEETING JULY 24, 2023 PAGE 2 OF 7 Commissioner Chang said the County should commit to exploring the external vs. internal structure question and also identify alternate office space opportunities as described by Dr. Onishi. 3. Senate Bills 391 and 644 Work Session - Rural Accessory Dwelling Unit (ADU) Legislative Amendments Kyle Collins provided an overview of the proposed amendments to Deschutes County Code to implement local provisions for accessory dwelling units (ADUs) following the recent adoption of State legislation to allow these in rural areas. Collins noted public comments received on this issue and recommendations to the Board from the Planning Commission. The Commissioners posed questions in advance of the public hearing to be held on July 26t", including on the status of private wells in the south county. In response to Commissioner Chang, Collins said as currently drafted, the local regulations would not prohibit an accessory dwelling unit in addition to accessory buildings that are already allowed in association with a primary dwelling (a detached garage, for example), subject to lot coverage conditions, required building separations, and other applicable restrictions. Collins confirmed there is no limit on the number of accessory buildings that can be built on a property so long as all applicable conditions are met. Referring to the draft economic, social, environmental, and energy (ESEE) analysis, Commissioner DeBone commented on proposed language regarding possible social consequences of allowing ADUs. He noted that in rural areas, these are not likely to be constructed near parks. Responding to Commissioner Chang, Collins said the Planning Commission recommended that if an ADU is built, neither the primary residence nor the ADU be allowed to be used as a short-term rental. Commissioner DeBone questioned if the prohibition on using the primary residence as a short-term rental would constitute removing an existing right. Collins confirmed that if the recommendation of the Planning Commission is approved, anyone wanting to build an ADU would have to agree to not use their primary residence as a short-term rental. 4. Greater Sage -Grouse - 2023 Mapping Update Nicole Mardell, Senior Planner, said the Oregon Department of Fish and Wildlife (ODFW) is working to update the State's Greater Sage -Grouse Conservation Assessment and Strategy which was adopted following a determination in 2010 that Sage -Grouse are a candidate species for the Endangered Species Act. Mardell BOCC MEETING JULY 24, 2023 PAGE 3 OF 7 reviewed actions taken in 2015, including the County's establishment of a Greater Sage -Grouse Combining Zone, and distributed a map showing the existing Sage Grouse habitat area and the revised habitat area as drafted by ODFW. ODFW is accepting comments on the updated map through September 22, 2023; staff anticipates County review of associated combining zone amendments in 2024-2025. Mardell concluded that the County cannot opt out or alter the State's final regulations but rather will be required to implement them once those are approved. In response to Commissioner Adair, Mardell said the Roth ranch property is not expected to be affected by the map amendments as it lies within the low -density area. 5. Treasury Report for June 2023 Bill Kuhn, County Treasurer, provided the Treasury Report for June 2023. 6. Finance Report for June 2023 - Preliminary Robert Tintle, Chief Financial Officer, presented the Finance Report for June 2023. OTHER ITEMS: • Anthony Raguine, Principal Planner, reported that last week, the Hearings Officer issued a decision on an initiation of use application associated with a marijuana production i facility in the 26200 block of vVilla'r d Road. Raguine explained that 80% of the expenditures made by the property owner in association with the desired land use were made before the land use was approved. Saying that initiation of use is governed by Deschutes County Code (DCC) 22.36.020, Raguine described the criteria by which development action is determined to be initiated. While the applicant submitted an application about four months before the decision, he did not wait to receive approval before beginning work on the project. The applicant testified that in initiating the work, he had relied on information conveyed by staff at the pre - application stage. Continuing, Raguine described possible negative consequences of allowing development actions in advance of land use approvals. He said that the process of seeking land use actions allows for public participation, but this could be circumvented or rendered moot if land use action is allowed to happen before approval is obtained. Additionally, the County could see an increase in Code violation cases, and/or property owners could expend BOCC MEETING JULY 24, 2023 PAGE 4 OF 7 significant resources on a desired use, only for the project to be denied. Raguine said the Board has discretion to "call up" an administrative or Hearings Officer decision. However, this particular appeal has timing limitations and the time frame for the Board to hear this particular appeal is very limited. He added that the same applicant has a second pending initiation of use case which involves an adjacent property and that matter is pending a decision before the same Hearings Officer. Staff anticipates that the same issue will arise on the second appeal and that appeal would not have the same timing constraints. Commissioner DeBone noted that the applicant risked the denial of the land use application. Raguine said staff is concerned that allowing development action before land use approval could set an undesirable precedent. Responding to Commissioner Chang, Raguine said while decisions of the Hearings Examiner do not create precedence for the Board or the County, these decisions are public information and it is common for them to be referenced by land use attorneys in subsequent cases. Commissioner Chang asked what the cure is for a situation when development action proceeds a land use approval. Raguine said although the land use approval is the cure, the concern is that applicants will start work before that is obtained. The consensus was to not call up the first appeal due to timing constraints; rather, the Commission will call up the second appeal once a decision is issued if the same issue is presented as outlined in the first appeal. • Deputy County Administrator Erik Kropp distributed a draft letter from the Board to Governor Kotek responding to the governor's request for additional information about the County's desire for flexibility to site managed homeless camps on rural lands outside of Urban Growth Boundaries (UGBs). Kropp said the draft letter has been reviewed by the Coordinated Houseless Response Office and COIC. Commissioner Adair said the letter should note that the County donated land in Redmond valued at $399,550 for the Oasis Village project and also include a reference to the County's contribution of $2 million to the Cleveland Commons permanent supportive housing project. Commissioner Chang relayed his conversation with Governor Kotek on this subject, saying the governor agrees with the need to provide a continuum of BOCC MEETING JULY 24, 2023 PAGE 5 OF 7 care and recognizes that funding for ongoing shelter operations is a challenge. He said he shared with the governor the unique advantages of using the Gales property for a managed camp and also had explained the difficulty experienced in efforts to establish outdoor shelter in Bend over the past two years. The Commissioners requested minor changes to the draft letter. CHANG: Move approval of Board signature of a letter to Governor Tina Kotek with revisions as discussed ADAIR: Second VOTE: ADAIR: Yes CHANG: Yes DEBONE: Chair votes yes. Motion Carried • Commissioner Adair reported that Chief United States District Court Judge Marco Hernandez is interested in the possibility of using part of the County's courthouse expansion for operations of the 9th Circuit Court. • Commissioner DeBone attended the FairWell Festival pre -event open house and the Chamber breakfast on Friday morning in La Pine: • Commissioner Chang attended the Fairwell Festival on Saturday and Sunday. • Commissioner Adair attended Coffee Clatter in Redmond on Friday and a J Bar J event on Saturday. • Commissioner missioner Chang asked for information on the Fair's proceeds from the FairWell Festival. EXECUTIVE SESSION: None ADJOURN: Being no further items to come before the Board, the meeting was adjourned at 4:08 p.m. DATED this Day of U-S4- 2023 for the Deschutes County Board of Commissioners. ANTHONY DEBONE, CHAIR ATTEST: PATTI ADAIR, VICE CHAIR reAkaik.:47cimaii RECORDING SECRETARY PHIL CHANG, COMMISSIONER BOCC MEETING JULY 24, 2023 PAGE 6 OF 6 BOARD OF COMMISSIONERS AGENDA REQUEST & STAFF REPORT MEETING DATE: July 24, 2023 SUBJECT: Emergency Management Performance Grant RECOMMENDED MOTION: Move to authorize the Deschutes County Sheriff's Office to submit an application for an Emergency Management Performance Grant to support Deschutes County's emergency management program. BACKGROUND AND POLICY IMPLICATIONS: The Sheriff's Office will utilize the Emergency Management Performance Grant (EMPG) to fund the County's emergency management program. The Deschutes County Sheriff's Office will be allocated funds pursuant to a successful grant application to the Oregon Military Department, Office of Emergency Management. The rest of the program (no less than 50%) will be funded from the Sheriff's Office budget and other local, state and federal funds. The Deschutes County Sheriff's Office Emergency Services Manager is delegated day-to-day operations of the Deschutes County Emergency Management Program and is responsible for all planning, coordination and oversight for the Emergency Services functions. These functions are mandated by Oregon Revised Statute and Deschutes County Code. Emergency Services Coordinators assist in the implementation of the program, primarily assisting in planning, public education and projects. Emergency management includes preparedness, mitigation, response and recovery. Some of the activities required of the Emergency Services Manager include either creating or updating the county -wide Emergency Operations Plan (EOP), the Threats and Hazards Identification and Risk Assessment, and a Natural Hazard Mitigation Plan. Additionally, the Emergency Services Manager and Coordinators must participate in certain training requirements. BUDGET IMPACTS: Approximately $92,616 is expected to be awarded. Matching funds will be provided in an amount at least equal to the grant award. The grant period is from July 1, 2023 through June 30, 2024. ATTENDANCE: Sergeant Nathan Garibay, DCSO BOARD OF COMMISSIONERS AGENDA REQUEST & STAFF REPORT MEETING DATE: July 24, 2023 SUBJECT: Deschutes County Medical Examiner Update BACKGROUND AND POLICY IMPLICATIONS: In 2022, the County contracted with Dr. Anne Onishi, MD, and Maureen McCaffrey, PA-C, to provide medical examiner services. Dr. Onishi and staff will provide the Board with an update on their first year of operations. Dr. Onishi and Ms. McCaffrey are proposing an adjustment to their contract in FY 2024. Proposed adjustments to the contract include increases in contracted staff expenses (proposed to increase by $18,000), medical investigation fees (proposed to increase from $150 to $200 per case), administrative expenses ($12,000 increase), travel reimbursement ($3,500 increase to cover an increase in miles traveled to complete death investigations and fuel costs) and education and training ($2,500 increase). In FY 2023, the maximum compensation under the Medical Examiner contract, including allowable reimbursements, was $365,000. The Medical Examiner manages investigations of deaths for the purposes of determining cause and manner of death and producing death certificates in accordance with ORS 146 and in line with the recommendations and requirements of the State Medical Examiner's Office. This includes deaths due to injuries, those occurring under suspicious circumstances, and those of individuals not under the care of a physician. BUDGET IMPACTS: Proposed adjustments will require a contract amendment and subsequent budget adjustment. ATTENDANCE: Dr. Anne Onishi, MD Maureen McCaffrey, PA-C La'Nette Mason, Chief Medicolegal Death Investigator Deschutes County Who Are We? (..) Iti 13- w 4- C75 U 0 2 c a) 2 z C13 2 La'Nette Mason c 0 cu c < Homicide & Suicide 4-1 a--+ - vY N - c N o_ C Cl.)O CU -C C bA 4-0 al c6 CO - .0 L.)- O > •� O 4-1 U_ f0 a)cn 'V •C/; in U`- S 4--0 Q }, N 0 = N •0) CO N V 4- i U �' � 4—, N O v U U —O o_ v U ,CO CO V i v fa dJ E E a-+ O LE>E-0 a- U N 0 U c.O i = O c' E LE-0 O 73 •N N OV ,7 C .� C _CU •� CO N -o • O U • ca d. • .— ca f0 = .0 O • U NI�O iJ C 4-0 4-1 4-▪ -+ 4▪ -1 +-' i - +-1 .1--0 a--+ 4-0 CO CO CO CO CO .1-I CO CO C0 f0 00000�0000 f0 N - N U C.).� . . . . . . . . . . . i cu c (0 E C N CU CU 0 N E c/) c ..c 0-- >. 4-' cu N = C p (1) U QD. N prg CD a--+ S CO U ..0 N CD CD The authorities or medical involved call one of Someone dies or a decedent is found a 0- O.. a (p d-.+ C i 0 a j qA a No > c a) c G t f0 _ a I -0 ( tlo — N >• °- I a 4• < and determines whether it's an ME case Head to toe body exam Retrieval of bodily fluids Obtain and review medical records Prepare a report Average of 4-6 hours per case Occasionally 50-60 miles round tri • o • o tlp L y- 0fte L t( / C7,3 0 CU c 4) CO 0 CU c O •2 (5 05 0 endent contractors We are inde • • We investigate 600-700 cases a year We get called about another 1000-1200 deaths per year • • +▪ a C6 Q) p Ca 4A CU O U la N 2 4- 0 C6 O CO c CO U d) E Q 0) ▪ J ID CU ▪ i 0) . N 1 4— s- O O N CO c 4A O +P > N _ v O • State medical examiners are signing 1000 death certificates a year State ME office is 10 physicians short CIJ CO i 0 a-+ ll Ca CU N co w u i 4-+ w to CO Higher volume case Toad More responsibility We need funding for official training & certification • • Maureen and Annie are too busy i N bO CO C CO 2 N v 4- 0 0 CO s_ +., .E -a 4— CD LE w E 0 4— ID aw > 0 +J CO N N 0 aJ >- 4J n 0 N SD • • Cost of fuel Value of our investigators' time • • We cannot use our personal devices for this work • Deschutes County Medical Examiner 2023-2024 Budget Request • • Mortuary Services 001-1200-412.33-25 **$120,000 annual salary Medical Examiner/Deputy ME 001-1200-412-33-52 $75 per day/$2250 mo./$27,000 yr. Medical Death Investigator 001-1200-412-33-80 **$90,000.00 annual salary Office Manager/Lead Death investigator ******* $5,000.00 Annually Education/Training 001-1200-412-55-10 Travel Reimbursement 001-1200-412.58-70 $2,500.00 mo./$30,000.00 Annually Utilities, Office/Medical Supplies 001-1200-412-61-55 **$200 per case - $133,000 estimate annually Death Investigation State Reporting ********* **Request office space ($500.00 current) Office Space Rental Reimbursement ******** C C 0 0 C Y Y C C 430625, 430628, 430630, 430631 County Finance Charges Office space costs • 3 3 3 This country is short 500 forensic pathologists Medical examiners should be forensic pathologists _N Q cu 0 O O O O i O O O O N v O 4- X a1 [6 cu E N 0 s ® This is a triple board certification sub -speciality Average salary would be in the $275,000 range i 0. z 0. E w 1) L c O L 0 co QJ O 1- CO 0. 2 Q 0. cts GJ O E cu •- -0 .� O ▪ > aJ L.� o O 41) BOARD OF COMMISSIONERS AGENDA REQUEST & STAFF REPORT MEETING DATE: July 24, 2023 SUBJECT: Senate Bills 391 and 644 Work Session - Rural Accessory Dwelling Unit (ADU) Legislative Amendments BACKGROUND AND POLICY IMPLICATIONS: The Board will conduct a work session concerning local provisions for rural accessory dwelling units (ADUs) as identified in Senate Bill 391 (file no. 247-22-000671-TA). This work session is in preparation for a public hearing on July 26, 2023. The first of two required public hearings on this matter was held with the Deschutes County Planning Commission (Commission) on September 22, 2022. Staff will provide an overview of the proposed amendments, recent state legislative changes, public comments received on the proposal to date, and recommendations from the Commission. BUDGET IMPACTS: None ATTENDANCE: Kyle Collins, Associate Planner Will Groves, Planning Manager COMMUNITY DEVELOPMENT MEMORANDUM TO: Board of County Commissioners FROM: Kyle Collins, Associate Planner Will Groves, Planning Manager DATE: July 19, 2023 SUBJECT: Senate Bills (SBs) 391 and 644 Work Session - Rural Accessory Dwelling Unit (ADU) Legislative Amendments I. OVERVIEW & RECENT CHANGES The Board of County Commissioners (Board) will conduct a work session on July 24, 2023 concerning local provisions for rural ADUs as identified in Senate Bill (SB) 3911 (file no. 247-22-000671-TA). This work session is in anticipation of a public hearing on July 26, 2023, and will be the third work session with the Board on these proposed amendments following previous actions during fall 2022 and spring 2023. Staff submitted an initial 35-day Post -Acknowledgement Plan Amendment (PAPA) notice to the Department of Land Conservation and Development (DLCD) on August 17, 2022. A public hearing was held with the Deschutes County Planning Commission (Commission) on September 22, 20222. The Commission held deliberations on October 27, 20223 and the recommendations from that meeting are discussed within provided attachments. Since the Commission's initial public hearing on this proposal, legislation was passed by the Oregon Legislature which requires several changes to the original proposed amendments to maintain compliance with state standards. Specifically, SB 644 was recently passed which provides direction to local jurisdictions looking to adopt rural ADU standards prior to formal release of the Statewide Wildfire Hazard Map required by SB 762. Additionally, SB 80 was passed which alters the original standards and terminology used within the forthcoming Statewide Wildfire Hazard Map. Further details regarding SB 644 and SB 80 are discussed in following sections. 1 https://olis.oregonlegislature.gov/liz/2021R1/Downloads/MeasureDocument/SB0391/A-Engrossed 2 See Deschutes County Planning Commission September 22, 2022 Agenda for more information: https://www.deschutes.org/bc-pc/page/planning-commission-17 3 See Deschutes County Planning Commission October 27, 2022 Agenda for more information: https://www.deschutes.org/bc-pc/page/planning-commission-21 Given the passage of SB 644 and SB 80, along with the necessary amendment changes required by the bills, staff conducted a work session with the Board on June 5, 2023 to understand preferred steps on the ADU proposal moving forward. During that work session, the Board directed staff to reinitiate PAPA notice proceedings with DLCD to capture the newest version of the amendments and provide the Commission with an opportunity to review the revised amendments. Per Board direction, staff submitted a revised 35-day PAPA notice to DLCD on June 7, 2023 and held a new work session with the Commission on July 13, 2023. Attached to this memorandum are: • Staff Report and Draft Amendments (Attachment 1)4 • Memo Summarizing Planning Commission Recommendations, Public Comments, and Agency Comments (Attachment 2) • Memo Summarizing Anticipated Property Eligibility for Rural ADU Development (Attachment 3) II. RECORD The full record is available for inspection at the Planning Division and at the following website: https://www.deschutes.orgiadu. III. STATE REGULATIONS SB 391 and SB 644 contain several provisions related to properties eligible for rural ADUs which cannot be amended by counties. Those criteria and restrictions are highlighted in the table below: Table 1: SB 391 & SB 644 — Rural Accessory Dwelling Unit Standards Eligibility Restrictions 1. Rural Residential Exception Areas, Minimum Lot Size, and Dwelling Requirements • • • Applies to Rural Residential (RR10), Multiple Use Agricultural (MUA10), Urban Area Reserve (UAR-10), Suburban Residential (SR 2.5), and Westside Transect (WTZ) zones. Lot or parcel must be at least two (2) acres in size. One (1) single-family dwelling must be sited on the lot or parcel. 2. Existing Dwelling Nuisance • The existing single-family dwelling is not subject to an order declaring it a nuisance or pending action under ORS 105.550 to 105.600. 3. ADU Sanitation Requirements • The ADU must comply with all applicable laws and regulations relating to sanitization and wastewater disposal and treatment. 4. ADU Square Footage Requirements • The ADU cannot include more than 900 square feet of useable floor area. 5. ADU Distance Requirements • The ADU is required to be located no farther than 100 feet from the existing single - family dwelling. 4 Within the proposed amendments, added language is shown underlined and deleted shown as strikethrough, Page 2 of 7 Eligibility Restrictions 6. ADU Water Supply Requirements ' • If the ADU is relying on a domestic well, no portion of the lot or parcel can be within new or existing ground water uses restricted by the Water Resource Commission. 7. ADU Water Supply Source Option • A county may require that an ADU be served by the same water supply source or water supply system as the existing single-family dwelling, provided such is allowed by an existing water right or a use under ORS 537.545 (exempt uses).5 8. ADU / Metolius Area of Critical State Concern / Limitations • No portion of a lot or parcel can be within a designated area of critical state concern. 9. ADU Setback Requirements • The ADU is required to have adequate setbacks from adjacent lands zoned Exclusive Farm Use (EFU) or Forest Use (F1 or F2). 10. ADU / Statewide Wildfire Map Requirements • • • • Applies to properties identified as high hazard and/or located within a designated wildland urban interface (WUI) on the statewide wildfire hazard maps established per SB 762 and SB 80. ADUs on properties identified as high hazard are required to comply with the Oregon Residential Specialty Code relating to wildfire hazard mitigation for the mapped area (R327.4). ADUs identified within a designated WUI on the statewide wildfire hazard maps are required to comply with the minimum defensible space requirements for wildfire risk reduction established by the State Fire Marshal under ORS 476.392. Per SB 644, prior to release of the statewide wildfire hazard maps, all ADUs, regardless of future hazard classification, are required to comply with the Oregon Residential Specialty Code relating to wildfire hazard mitigation (R327.4). 11. ADU / Outside Wildland- Urban Interface (WUI) Area Requirements • If the ADU is not subject to ORS 477.015 to 477.061 (i.e. outside of the newly -defined WUI), local jurisdictions can impose supplemental defensible space and fuel break standards. 12. ADU Adequate Access and Evacuation for Firefighting Requirements • Local regulations must ensure the ADU has adequate access for firefighting equipment, safe evacuation, and staged evacuation areas 13. ADU Occupancy Requirements • ADUs cannot be allowed for vacation occupancy, as defined in ORS 90.100. 14. ADU Land Division Requirements • If an eligible property with an ADU is divided, the single-family dwelling and ADU cannot be situated on a different lot or parcel. 15. ADU / Additional Units • A second ADU is not allowed. 5 https://oregon.public.law/statutes/ors_537.545 Page 3 of 7 IV. DESCHUTES COUNTY INTERPRETATIONS Numerous portions of the SB 391 language were not defined during the legislative process and thus were left open to interpretation by local jurisdictions that elect to allow rural ADUs. Specifically, the following items were not explicitly defined: • "Useable Floor Area" as related to the 900-square-foot size limitation for rural ADUs. • The specific standards of the 100-foot site distance requirements for rural ADUs. • Adequate access for firefighting equipment, safe evacuation, and staged evacuation areas. As summarized in Table 2, staff drafted the proposed amendments to address these areas in the following manner: Table 2: Draft Interpretations Undefined SB 391/SB 644 Standard Draft County Interpretation Useable Floor Area • Means the living space area of the accessory dwelling unit included within the surrounding insulated exterior walls, exclusive of garages, carports, decks and porch covers. 100-Foot Siting Distance A unit must be located no farther than 100 feet from the existing single family dwelling, measured from a wall of the single-family dwelling to the nearest part of the"useable floor area" of the accessory dwelling unit. Adequate Access and Evacuation for Firefighting Requirements • • • "Safe evacuation plan" means an identifiable route on a rights) -of -way and any onsite driveways from the rural accessory dwelling unit to the staged evacuation area. "Staged evacuation area" means a public or private location that occupants of the rural accessory dwelling unit may evacuate to reorganize. "Adequate access" will be met be demonstrating a continuous, minimum 20-foot width right(s)-of-way and any onsite driveways with a minimum vertical clearance of 13.5 feet, connecting an accessory dwelling unit with a fire protection service provider with professionals who have received training or certification described in ORS 1 81A.410. Any onsite driveways providing access to an accessory dwelling unit must be improved and composed of an all-weather surface including asphalt or concrete. o Alternatively, property owners may demonstrate adequate access by providing written certification from a fire protection service provider with professionals who have received training or certification described in ORS 181A.410, on a form prepared by Deschutes County, that access to the property meets minimum fire district requirements to provide emergency services to the property. Page 4 of 7 The following items describe supplemental development standards to ensure efficient operations for County staff and safe operations for any ADUs constructed within Deschutes County. Miscellaneous Code Changes These edits are broadly unrelated to updates from SB 644 or SB 80, but were completed based on recommendations from agency partners, direction from County Legal Counsel, and to provide for clear and objective standards. These supplementary edits are as follows: • Updated the "adequate access" requirements for ADUs to provide a clear and objective option for compliance, along with a more discretionary standard based on fire protection district review. • Included language to clarify that an ADU may be constructed simultaneously with a primary dwelling. • Included language to clarify that a previously constructed primary dwelling may be converted to a lawful ADU, provided all relevant criteria are met. • Included requirements confirming that any supplier of water is "Willing and Able to Serve" the accessory dwelling unit shall be provided if the accessory dwelling unit is to be served by any water source other than an onsite domestic well. • Included language clarifying that any standards mandated by the Oregon Revised Statutes (ORS) or the Oregon Administrative Rules (OAR) are not subject to the local variance provisions of Deschutes County. This includes several components of the proposed ADU legislation. Groundwater Protection Due to vulnerable groundwater characteristics in southern Deschutes County, the Onsite Wastewater Division recommends increasing the minimum lot or parcel size for rural ADUs to be at least five (5) acres in size in this specific geographic area. The draft amendments as presented include this provision. Additionally, in consultation with the Onsite Wastewater Division, staff has explored the possibility of requiring advanced wastewater treatment systems for ADU development in southern Deschutes County. Further details are included as part of the attached Commission Recommendation and Discussion Memo (Attachment 2). Additional Dwelling Units Due to concerns regarding failing treatment systems and wastewater impacts, the Onsite Wastewater Division recommends limiting properties constructed with ADUs from all future residential dwelling development, including additional ADUs, medical hardship dwellings, temporary dwellings within recreational vehicles, or similar uses. The draft amendments as presented include this provision. Further details are included as part of the attached Commission Recommendation and Discussion Memo (Attachment 2). Page 5of7 V. WILDFIRE STANDARDS Senate Bill 762 Certain properties in rural Deschutes County will likely be subject to new wildfire mitigation measures as approved under SB 762.6 One of the primary pieces of SB 762 is the creation of a comprehensive Statewide Wildfire Hazard Map to guide new wildfire regulations for development. The initial hazard map was made available on June 30, 2022.7 However, based on significant concern from citizens and interest groups through the state, the Oregon Department of Forestry (ODF) withdrew the initial map to provide more time for additional public outreach and refinement of hazard classification methodologies. At this time, it is staff's understanding that ODF anticipates releasing new draft hazard maps in late 2023 or early 2024. Due to the current unavailability of the wildfire hazard maps, staff cannot provide specific estimates on the number of properties which may be subject to additional wildfire mitigation standards. Additionally, per direction from County Legal Counsel (discussed in detail during a November 14, 2022 work session with the Board), the specific language of SB 391 originally mandated that no properties would be eligible for rural ADUs, despite adoption of County standards which approve said use within the County Comprehensive Plan and zoning ordinances, until such time as a new iteration of a Statewide Wildfire Hazard Map is formally released by ODF. The following discussion is specific to the effects of SB 762, prior to modification by SB 644. This discussion is provided for reference, but the statute has been modified in important ways, as discussed below. Under SB 762, once these hazard maps are finalized, properties included in both a designated Wildland Urban Interface (WUI) boundary and classified as high hazard will be subject to additional development regulations. SB 762 requires that, at minimum, local governments ensure that properties meeting both of these standards will be subject to: 1) Home hardening building codes as described in section R327 of the Oregon Residential Specialty Code. 2) Defensible space standards as determined by the Oregon State Fire Marshal. At present, the State Fire Marshal has yet to develop final statewide defensible space requirements. Senate Bill 644 SB 644 was recently passed by the Oregon State Legislature9. SB 644 temporarily decouples the Statewide Wildfire Hazard Map from the adoption of any local rules allowing rural ADUs. During any 6 SB 762 (2021) 7 https://oregonexplorer.info/tools 8 See Board of County Commissioners November 14, 2022 Agenda for more information: https://www.deschutes.org/bcc/page/board-cou my-com missi oners-meeting-71 9 https://olis.oregonlegislature.gov/liz/2023R1/Downloads/MeasureDocument/SB644/Enrolled Page 6 of 7 interim period where a local jurisdiction has adopted rules allowing rural ADUs and prior to the release of the final hazard map, any constructed ADUs will be subject to the home hardening building codes as described in section R327 of the Oregon Residential Specialty Code. Additionally, SB 644 requires that any ADUs constructed within a designated WUI shall meet the minimum defensible space rules established by the State Fire Marshal. SB 644 does not identify defensible space standards for ADUs constructed prior to the release of the Statewide Wildfire Hazard Map. At the urging of County Legal Counsel, and to provide for clear and objective standards, staff has proposed supplemental defensible space rules for all ADU development which occurs prior to adoption and release of the Statewide Wildfire Hazard Map. The proposed defensible space standards are based on existing rules within the Forest Use Zones (F1 and F2) and would be effectively removed after final adoption of the hazard map. Senate Bill 80 SB 80 was recently passed by the Oregon State Legislature10. SB 80 is still awaiting final signature from the Governor, however staff believes final adoption is likely to occur in the coming weeks. SB 80 alters several components of the wildfire hazard map mandated by SB 762. As it relates to rural ADU standards, SB 80 changes the name of the "Statewide Map of Wildfire Risk" to the "Statewide Wildfire Hazard Map." Additionally, the bill reduces the number of hazard classifications from five to three: high, moderate, and low. The currently proposed ADU amendments reflect these changes where appropriate. VI. NEXT STEPS As discussed above, the Board will hold a public hearing on the proposed amendments July 26, 2023. Attachments: 1. Staff Report and Draft Amendments 2. Memo Summarizing Planning Commission Recommendations, Public Comments, and Agency Comments 3. Memo Summarizing Anticipated Property Eligibility for Rural ADU Development 70 https://olis.oregonlegislature.gov/liz/2023R1/Downloads/MeasureDocument/SB80/Enrolled Page7of7 COMMUNITY DEVELOPMENT STAFF REPORT FILE NUMBER: 247-22-000671-TA APPLICANT: Deschutes County Community Development 117 NW Lafayette Avenue Bend, Oregon 97703 PROPERTY OWNER: N/A REQUEST: Pursuant to Senate Bills (SB) 391 and 644, Text Amendments to allow an owner of a lot or parcel within a rural residential exception area to construct one accessory dwelling unit (ADU) subject to certain restrictions and limitations. STAFF CONTACT: Kyle Collins, Associate Planner I. APPLICABLE CRITERIA: Deschutes County lacks specific criteria in DCC Titles 18, 19, 22, or 23 for reviewing a legislative text amendment. Nonetheless, since Deschutes County is initiating a legislative text amendment, the County bears the responsibility for justifying that the amendments are consistent with Statewide Planning Goals and its existing Comprehensive Plan II. BASIC FINDINGS: A. Senate Bill 391 On June 23, 2021, the Oregon Legislature adopted Senate Bill (SB) 391, which authorizes counties to allow an owner of a lot or parcel within a rural residential exception area to construct one accessory dwelling unit (ADU) subject to certain restrictions and limitations.1 SB 391 does not obligate a county to allow ADUs, nor does it prohibit a county from imposing any additional restrictions beyond what is mandated in state law. Rural residential exception areas and their corresponding zones exist throughout Oregon. By definition, rural residential zones exist outside urban growth boundaries (UGBs), but are excluded 1 https://olis.oregonlegislature.gov/liz/2021R1/Downloads/MeasureDocument/SB391 117 NW Lafayette Avenue, Bend, Oregon 97703 P.O. Box 6005, Bend, OR 97708-6005 `$,'(541) 388-6575 @cdd@deschutes.org sc: www.deschutes.org/cd from the state's resource land (farm and forest zone) protections. While the protections afforded to resource lands allow residential uses only in conjunction with a farm or forest use, rural residential zones allow a dwelling as a primary use of the land. Prior to the adoption of SB 391, state law allowed counties to permit an additional dwelling on a property containing a house built prior to 1945.2 However, unlike urban zones, rural residential zones did not have other by -right accessory dwelling options, making inter -generational and alternative housing options difficult to achieve. SB 391 only authorizes ADUs on lands zoned for rural residential use. Areas zoned for rural residential use are defined by ORS 215.501 to mean "land that is not located inside a UGB as defined in ORS 195.060 (Definitions) and that is subject to an acknowledged exception to a statewide land use planning goal relating to farmland or forestland and planned and zoned by the county to allow residential use as a primary use." The applicable zoning designations in Deschutes County for these lands are Multiple Use Agricultural (MUA-10), Rural Residential (RR-10), Suburban Low Density Residential (SR 2.5), Urban Area Reserve (UAR-10), and Westside Transect Zone (WTZ). B. Senate Bill 644 On May 8, 2023, the Oregon Legislature adopted Senate Bill (SB) 644, which amends requirements relating to wildfire hazard mitigation for development of accessory dwelling units on lands zoned for rural residential use.' Prior to adoption of SB 644, counties were required to wait for final adoption of the Statewide Map of Wildfire Risk (Statewide Wildfire Hazard Map) from the Oregon Department of Forestry (ODF) as identified in SB 7624 prior to adoption of any local administering rural ADU standards. SB 644 decouples adoption of the Statewide Map of Wildfire Risk (Statewide Wildfire Hazard Map) from the adoption of any local rules allowing rural ADUs. During any interim period where a local jurisdiction has adopted rules allowing ADUs and prior to the release of the final map, any constructed ADUs will be subject to the home hardening building codes as described in section R327 of the Oregon Residential Specialty Code. C. Deschutes County Rural ADU Ordinance In addition to only applying to lands recognized as rural residential exception areas, SB 391 also contains minimum criteria that must be met for a lot or parcel to qualify for an ADU. Many of those criteria are general in nature and therefore require counties to provide their own interpretations or definitions. At the same time, SB 391 contains several provisions related to wildfire hazard mitigation, which relied on and referred to actions at the state level as directed by the passage of SB 762, a comprehensive wildfire hazard mitigation bill.' While wildfire requirements were being created at the state level, staff worked with the Board of County Commissioners to "translate" the language of SB 391 into the local code presented in these amendments. 2 House Bill 3012 (2017). 3 https://olis.oregonlegislature.gov/liz/2023R1/Downloads/MeasureDocument/SB644/Enrolled 4 https://olis.oregonlegislature.gov/liz/2021 R1 /Downloads/MeasureDocument/SB762/Enrolled 5 SB 1533 (2022) corrected broken links in SB 762 related to wildfire mapping. 247-22-000671-TA Page 2 of 43 III. PROPOSAL: This is a legislative text amendment to Deschutes County Code (DCC), Title 18, County Zoning, and Title 19, Bend Urban Growth Boundary Zoning Ordinance. The primary purpose of the amendments is to allow rural ADUs per the adoption of SB 391 and SB 644. The proposal creates two new subsections (effectively the same, but pertaining to different zones in Titles 18 and 19) that govern the criteria for rural ADUs. Table 1 provides a summary of each provision of the amendments. Table 1 - SB 391 & SB 644 Requirements Topic SB 391/SB 644 Requirements Comment Single Family Dwelling SB 644 Section 1(2)(c) requires one single-family dwelling to be located on the lot or parcel. DCC 18.116.355(B)(1)cnd DCC 19.92.160(B)(1) are consistent with SB 391/SB 644. Urban Reserve Area SB 644 Section 1(2)(a) requires that the lot or parcel is not located within an area designated as an urban reserve as defined in ORS 195.137. In Deschutes County, the Redmond Urban Reserve Area is the only urban reserve that meets this definition. DCC 18.116.355(B)(2) is consistent with SB 391/SB 644. Redmond's Urban Reserve Areas is not near {ands zoned in Title 19therefore it , is not cited in DCC 19.92.160. Nonresource Lands SB 644 Section 1(1)(b) requires that "Area zoned for rural residential use" has the meaning given that term in ORS 215.501. ORS 215.501(1)(b), "Area zoned for rural residential use" means land that is not located inside an urban growth boundary as defined in ORS 195.060 (Definitions) and that is subject to an acknowledged exception to a statewide land use planning goal relating to farmland or forestland and planned and zoned by the county to allow residential use as a primary use. Pursuant to DLCD, Acknowledged nonresource plan amendments and zone changes from Exclusive Farm Use (EFU) to RR 10 or MUA 10 are eligible for an ADU. Areas of Critical State Concern SB 644 Section 1(2)(i) requires that no portion of the lot or parcel is within a designated area of critical state concern. Areas of critical state concern are generally defined in ORS 197.405 and apply to the Metolius Area of Critical State Concern in ORS 197.416. DCC 18.116.355(6)(3) is consistent with SB 391/SB 644. The Metolius Area of Critical State Concern is not near lands zoned in Title 19, therefore it is not cited in DCC 19.92.160, Minimum Lot Size SB 644 Section 1(2)(b) requires the subject lot or parcel be at least two acres in size. DCC 18.116.355(B)(4) and DCC 19.92.160(B)(2) are consistent with SB 391/SB 644. DCC 18.116.355(6)(4) requires a minimum lot or parcel to be at least 5 acres in size south of Sunriver due to groundwater protection. 247-22-000671-TA Page 3 of 43 Topic SB 391/SB 644 Requirements Comment Setbacks SB 644 Section 1(2)(m)(A) requires that the ADU has adequate setbacks from adjacent lands zoned for resource use. DCC 18.116.355(B)(5) and DCC 19,92.160(B)(3)are consistent with SB 391. Both require a minimum setback of 100 feet between the ADU and adjacent EFU and Forest Use zoned (F-1, F-2) properties. ADU Size SB 644 Section 1(2)(f) limits the size of the ADU to 900 square feet of useable floor area. DCC 18.116.355(B)(6) and DCC 19.92.160(B)(4) are consistent with SB 391/SB 644. Usable floor area is defined as, "the area of the accessory dwelling unit included within the surrounding insulated exterior walls, exclusive of garages, carports, decks and porch covers." Distance from Dwelling SB 644 Section 1(2)(g) requires the ADU to be located no farther than 100 feet from the single family dwelling.6 DCC 18.116.355(6)(7) and DCC 19.92.160(B)(5) are consistent with SB 391 /SB 644, Both require the ADU be located no farther than 100 feet from the existing single family dwelling, measured from a wall of the single-family dwelling to the nearest part of the useable floor area of the ADU. Sanitation and Wastewater SB 644 Section 1(2)(e) requires the ADU to comply with applicable sanitation and wastewater regulations. DCC 18.116.355(6)(8) and DCC 19.92.160(B)(6) are consistent with SB 391/SB 644. Fire Protection District Service SB 644 Section 1(2)(j) req• uires the lot or parcel be served by a fire protection service provider with professionals who have received training or certification described in ORS 181A.410. DCC 18.116.355(B)(9)and DCC 19 92.160(8)(7) are consistent with SB 391/SB 644. Access and Evacuation SB 644 Section 1(2)(m)(B) requires that the ADU has adequate access for firefighting equipment and safe evacuation and staged evacuation areas. DCC 18.116.355(B)(10) and DCC 19.92.160(B)(8) are consistent with SB 391/SB 644. As an alternative standard, both sections allow certification of access by the applicable fire protection district and that there are evacuation plan and authorized staged evacuation areas. 6 The bill language and legislative history are unclear if the entire ADU must be entirely within 100 feet of the dwelling or just a portion. Local governments are therefore granted deference to interpret this provision. 247-22-000671-TA Page 4 of 43 Topic SB 391/SB 644 Requirements Comment Wildland Urban Interface (WUI) Defensible Space Requirements SB 644 Section 1(2)(k) requires that if the lot or parcel is in an area identified on the statewide map of wildfire risk described in ORS 477.490 as within the wildland-urban interface, the lot or parcel and accessory dwelling unit comply with any applicable minimum defensible space requirements for wildfire risk reduction established by the State Fire Marshal under ORS 476.392 and any applicable local requirements for defensible space established by a local government pursuant to ORS 476.392 DCC 18:116:355(B)(12)dnd DCC 19.92,160(B)(10) are consistent with SB 391/SB 644. Consistent with SB 644, the code sections identify alternatives for properties wishing to develop rural ADUs prior to and after the adoption of the State Map of Wildfire Risk identified in SB 762. Wildland Urban Interface (WUI) Fire Hardening SB 644 Section 1(2)(I)(A) requires that if the lot or parcel is in an area identified on the statewide map of wildfire risk described in ORS 477.490, the ADU must comply with R327 (fire hardening standards) in the Oregon Residential Specialty Code. SB 644 Section 1(2)(I)(B) requires that if no statewide map of wildfire risk has been adopted, the ADU must comply with R327 (fire hardening standards) in the Oregon Residential Specialty Code DCC 18.116.355(B)(11) and DCC 19.92.160(B)(9) are consistent with SB 391/SB 644. Consistent with SB 644, the code sections identify alternatives for properties wishing to develop rural ADUs prior to and after the adoption of the State Map of Wildfire Risk identified in SB 762. Nuisance SB 644 Section 1(2)(d) requires the existing single- family dwelling property on the lot or parcel is not subject to an order declaring it a nuisance or subject to any pending action under ORS 105.550 to 105.600. DCC 18.116.355(B)(13) and DCC 19.92.160(B)(11) are consistent with SB 391/SB 644. Subdivision and Other Accessory Dwelling Unit Limitations SB 644 Section 1(2)(m)(C)(4)(a) and (b) preclude a subdivision, partition or other division of the lot or parcel so that the existing single-family dwelling is situated on a different lot or parcel than the ADU; and precludes construction of an additional ADU on the same lot or parcel. DCC 18.116.355(6)(14) and DCC 19.92.160(B)(12) are consistent with SB 391/SB 644. Water Supply SB 644 Section 1(2)(m)(C)(5) allows a county to require that the ADU be served by the same water source or water supply system as the existing single-family dwelling. If the ADU is served by a well, the construction of the ADU shall maintain all setbacks from the well required by the Water Resources Commission or Water Resources Department. DCC 18.116.355(B)(15) and DCC 19.92.160(6)(13) are consistent with SB 391/SB 644. While not requiring the same water source, DCC 18.116.355(B)(15) and DCC 19.92.160(6)(13) require setbacks from the well to be maintained from an ADU. 247-22-000671-TA Page 5 of 43 Topic SB 391/SB 644 Requirements Comment Water Right Exempt Use SB 644 Section 1(2)(m)(C)(6) recognizes that a single-family dwelling and an ADU are considered a single unit and therefore do not require a groundwater permit from the Oregon Water Resources Department. DCC 18.116.355(B)(17) and DCC 19.92.160(B)(15) are consistent with SB 391 /SB 644. Water Right Restrictions SB 644 Section 1(2)(h) requires that no ADUs be permitted in areas if the water supply source for the accessorydwelling unit or associated lands or gardens will be a well using water under ORS 537.545 (1)(b) or (d), no portion of the lot or parcel is within an area in which new or existing ground water uses under ORS 537.545 (1)(b) or (d) have been restricted by the Water Resources Commission'. DCC 18.116.355(B)(18) and DCC 19.92.160(B)(16) are consistent with SB 391/SB 644. Vacation Occupancy SB 644 Section 1(2)(m)(C)(3) prevents an ADU from being used for vacation occupancy as defined in ORS 90.100. DCC 18.116.355(6)(19) and DCC 19.92.160(6)(17) are consistent with SB 391/SB 644, Both require a restrictive covenant be recorded to ensure compliance. IV. FINDINGS: CHAPTER 22.12, LEGISLATIVE PROCEDURES Section 22.12.010. Hearing Required FINDING: This criterion will be met because a public hearing was held before the Deschutes County Planning Commission and Board of County Commissioners. Section 22.12.020, Notice Notice A. Published Notice 1. Notice of a legislative change shall be published in a newspaper of general circulation in the county at least 10 days prior to each public hearing. 2. The notice shall state the time and place of the hearing and contain a statement describing the general subject matter of the ordinance under consideration. 7 Deschutes County does not contain any critical groundwater areas as defined by the Water Resources Commission. 247-22-000671-TA Page 6 of 43 FINDING: This criterion will be met as notice was published in the Bend Bulletin newspaper for the Planning Commission public hearing, and the Board of County Commissioners' public hearing. B. Posted Notice. Notice shall be posted at the discretion of the Planning Director and where necessary to comply with ORS 203.045. FINDING: Posted notice was determined by the Planning Director not to be necessary. C. Individual notice. Individual notice to property owners, as defined in DCC 22.08.010(A), shall be provided at the discretion of the Planning Director, except as required by ORS 215.503. FINDING: Given the proposed legislative amendments do not apply to any specific property, no individual notices were sent. D. Media notice. Copies of the notice of hearing shall be transmitted to other newspapers published in Deschutes County. FINDING: Notice was provided to the County public information official for wider media distribution. This criterion is met. Section 22.12.030 Initiation of Legislative Changes. A legislative change may be initiated by application of individuals upon payment of required fees as well as by the Board of County Commissioners. FINDING: The application was initiated by the Deschutes County Planning Division at the direction of the Board of County Commissioners, and has received a fee waiver. This criterion is met. Section 22.12.040. Hearings Body A. The following shall serve as hearings or review body for legislative changes in this order: 1. The Planning Commission. 2. The Board of County Commissioners. B. Any legislative change initiated by the Board of County Commissioners shall be reviewed by the Planning Commission prior to action being taken by the Board of Commissioners. FINDING: The Deschutes County Planning Commission held the initial public hearing on September 22, 2022 and subsequently reviewed the proposed amendments on July 13, 2023. The Board then held a public hearing on July 26, 2023. These criteria are met. 247-22-000671-TA Page 7 of 43 Section 22.12.050 Final Decision All legislative changes shall be adopted by ordinance FINDING: The proposed legislative changes will be implemented by Ordinance No. [number TBD] upon approval and adoption by the Board of County Commissioners. This criterion will be met. B. 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 was 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 August 17, 2022. An Oregon Land Conservation and Development Department 35-day notice was reinitiated on June 7, 2023 to capture amendments required by state legislative action. The Planning Commission held a public hearing on September 22, 2022 and the Board of County Commissioners held a public hearing on July 26, 2023. The Findings document provides the adequate factual basis for the amendments. Goal 3: Agricultural Lands: No changes related to agricultural lands are proposed as part of the text amendments. This goal does not apply. Goal 4: Forest Lands: No changes related to forest lands are proposed as part of the text amendments. This goal does not apply. Goal 5: Open Spaces, Scenic and Historic Areas, and Natural Resources: By adopting SB 391 in 2021 and SB 644 in 2023, the Oregon Legislature added a new use, ADU, to rural residential exception areas. Local governments can choose to allow this use by: 1) amending their zoning codes and complying with SB 391 /SB 644's development standards. Goal 5 does not apply. However, to the extent that it does, local governments apply Goal 5 to a PAPA when the amendment allows a new use and the new use "could be" a conflicting use with a particular Goal 5 resource site on an acknowledged resource list. Certain areas in rural Deschutes County, zoned MUA-10 and RR- 10 contain Goal 5 resources because they are overlaid with a Wildlife Area Combining Zone. Two zoning codes are being amended to allow Rural ADUs and are therefore subject to an ESEE Analysis. No other changes to the code warrant specific ESEE Analysis as they are not adding new uses that conflict with Goal 5 resources. The ESEE analysis is included in AppendixA which is attached to this document. Goal 6: Air, Water and Land Resources Quality: The proposed text amendments do not propose changes to the County's Comprehensive Plan policies or implementing regulations for compliance with Goal 6, and therefore are in compliance. However, it is worth noting that the amendments preclude citing an ADU south of Sunriver on Tots or parcels less than 5 acres. The eligible lot or parcel 247-22-000671-TA Page 8 of 43 size in this area of the County is 5 acres or larger. In the RR-10 zone south of Sunriver, there are 1,129 tax lots between 2 acres or larger, and 319 tax lots 5 acres or larger. Goal 7: Areas Subject to Natural Disasters and Hazards: The proposed text amendments do not propose to changes the County's Comprehensive Plan or implementing regulations regarding natural disasters and hazards; therefore, they are in compliance. Eligible properties subject to SB 762/SB 644 and those constructed prior to adoption of the State Map of Wildfire Risk, will be required to comply with Oregon Residential Specialty Code (R327) to fire harden the ADU and coordinate with the Oregon State Fire Marshal or local fire protection districts to ensure the property has defensible space. Goal 8: Recreational Needs: Accessory Dwelling Units are not a recreational use or need. This goal does not apply. Goal 9: Economic Development: Accessory Dwelling Units are not primarily economic in nature. This goal does not apply. 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: Accessory Dwelling Units in the rural county typically rely on domestic wells and onsite wastewater treatment systems. A Goal 11 exception would be required for a centralized sewer system and would need to be applied on a property specific, needs related basis. This goal does not apply. Goal 12: Transportation: By adopting SB 391 in 2021 and SB 644 in 2023, the Oregon Legislature added a new use, ADUs, to rural residential exception areas. Local governments can choose to allow this use by amending their zoning codes and complying with SB 391/SB 644's development standards. ADUs will still be subject to Transportation System Development Charges (SDCs) prior to the issuance of a building permit. To the extent that the Transportation Planning Rule at OAR 660-012-0060 does apply, staff notes the following comments from the County's Senior Transportation Planner: The Transportation Planning Rule (TPR) at OAR 660-012-0060 requires a determination if a new land use regulation will significantly affect a transportation facility. Approximately 9,831 Tots could be eligible for a rural accessory dwelling unit (ADU) based on zoning and size of the tax lot with roughly 3,000 tax lots being eligible immediately. The remaining roughly 6,000 tax lots' eligibility will need to be determined based on the wildfire rules and requirements in development based on Senate Bill (SB) 763 [sic]. The potential lots for a rural ADU are geographically spread out: • Bend area: 3,876 lots 247-22-000671-TA Page 9 of 43 • Redmond area: 2,886 lots • Sisters area: 1,576 lots • South County: 1,123 lots The County is currently updating its 2010-2030 Transportation System Plan (TSP) to 2020- 2040. The analysis of future traffic volumes only indicated a few intersections that would not meet County performance standards. Both were tied to the Deschutes Junction interchange at US 97/Deschutes Market Road-Tumalo. The TSP has planned improvements to mitigate the deficiencies at those intersections. The geographic distribution of the lots, the adequate reserve capacity on the County system, the low trip generation of each home, an average of nine daily trips, including one p.m. peak hour trip, and the fact the lots will develop over years and years, means the road system is adequate to handle the traffic volumes generated by rural ADUs. The rural ADUs do not result in any changes to the County's functional classifications or access management policies. The County collects transportation system development charges (SDCs) for all new developments, including single-family homes. The SDC rate is indexed to construction costs and resets every July 1. As a rural ADU is essentially a second home on the property, the County would collect SDCs as each rural ADU develops. The current SDC rate for a single-family home is $4,115. If the SDC rate remained unchanged, which is highly unlikely, the 9,831 lots would generate $38.6 million dollars in SDCs. The addition of a second rural ADU on approximately 9,381 lots will not create a significant nor adverse effect to the County transportation system and thus complies with the TPR. Goal 13: Energy Conservation: Any future site -specific application for an ADU will be required to incorporate energy conservation measures through the Oregon Building Code. This goal does not apply. Goal 14: Urbanization: The purpose of Goal 14 is to direct urban uses to areas inside UGBs. As the proposed amendments do not seek to allow urban uses on rural land, nor do they seek to expand an existing urban growth boundary, this goal does not apply. Goals 15 through 19: Deschutes County does not contain any of the relevant land types included in Goals 15-19. Therefore these goals do not apply. C. Deschutes County Comprehensive Plan Chapter 3, Rural Growth Section 3.3, Rural Housing 247-22-000671-TA Page 10 of 43 3.3.5 Maintain the rural character of the County while ensuring a diversity of housing opportunities, including initiating discussions to amend State Statute and/or Oregon Administrative Rules to permit accessory dwelling units in Exclusive Farm Use, Forest and Rural Residential zones. FINDING: Implementing SB 391 and SB 644, which allows ADUs to be sited in rural residential exception areas, is consistent with Policy 3.3.5. V. CONCLUSION: Based on the information provided herein, the staff recommends the Board of County Commissioners approve the proposed text amendments to allow an owner of a lot or parcel within a rural residential exception area to construct one accessory dwelling unit (ADU) subject to certain restrictions and limitations. 247-22-000671-TA Page 11 of 43 ural Accessory i welling Unit Text end ent Appendix A: ESEE Analysis Document to File No. 247-22-000671-TA Deschutes County Community Development July 5, 2023 247-22-000671-TA Page 12 of 43 Table of Contents Chapter 1: Overview of Goal 5 and ESEE Analyses 11 Chapter 2: Deschutes County Goal 5 Inventory and Methodology 14 Chapter 3: Conflicting Use Analysis 16 Chapter 4: Impact Areas 19 Chapter 5: ESEE Analysis 20 Chapter 6: ESEE Decision 27 Chapter 7: Program to Achieve Goal 5 28 References Attachment 1 - Deschutes County Goal 5 Inventory Summary Table Attachment 2 - Inventory Site Maps 247-22-000671-TA Page 13 of 43 Chapter 1: Overview of Goal 5 and ESEE Analyses Introduction This appendix report was prepared to supplement the findings document associated with File No. 247-22-000671-TA. Deschutes County is amending Deschutes County Code (DCC), Titles 18 and 19 to allow Rural Accessory Dwelling units (ADUs) consistent with Senate Bill (SB) 391 (2021) and SB 644 (2023) in Multiple Use Agricultural (MUA-10), Rural Residential (RR-10), Suburban Low Density Residential (SR 2.5), Urban Area Reserve (UAR-10), and Westside Transect Zones (WTZ). DCC Chapter 18.88 is the Wildlife Area (WA) Combining Zone, which recognizes four Goal 5 inventories: Antelope Range, Deer Migration Corridor, Deer Winter Range, and Significant Elk Habitat. Certain areas in rural Deschutes County, zoned MUA-10 and RR-10, are overlaid with a Deer Migration Corridor, Deer Winter Range, and/or Significant Elk Habitat. In addition, there are some areas zoned MUA-10 and RR-10 that contain Goal 5 riparian resources and their associated fish, furbearer, waterfowl, and upland game bird habitat. Recognizing that an ADU is a new conflicting use in the WA Combining Zone, Deschutes County is applying Goal 5 in consideration of this Post Acknowledgment Plan Amendment (PAPA). The full findings document provides additional detail and background information regarding the intent of the amendments and compliance with other applicable local and state regulations outside of Statewide Land Use Planning Goal 5 - Natural Resources, Scenic and Historic Areas, and Open Spaces. Deschutes County Goal 5 Program The purpose of Goal 5 is "to protect natural resources and conserve scenic and historic areas and open spaces." Local governments, as part of the Comprehensive Planning process, are required to inventory the extent, location, quality, and quantity of significant natural resources within their jurisdictional boundaries. Following this inventory, local governments then conduct an economic, social, environmental, and energy (ESEE) analysis to determine the extent to which land uses should be limited in order to adequately protect significant resources. Following an ESEE analysis, governments then establish a program to protect significant natural resources. Deschutes County established its initial Goal 5 natural resource inventory, ESEE analyses, and protection programs between the years of 1988-1994, as part of periodic review. In reviewing this document, it is important to acknowledge there are six policies and development standards within the Deschutes County Comprehensive Plan and DCC that were established through ESEEs over time that could still limit the development of ADUs near inventoried Goal 5 resources. Deschutes County finds the proposed amendments do not alter the following existing protections. 1. Setback Protections: 100-foot structural setback from the ordinary high water mark (OHWM) of rivers and streams. 247-22-000671-TA Page 14 of 43 2. Scenic Protections: Development near rivers in the Landscape Management Combining Zone must be reviewed for aesthetic compatibility. 3. Wetland Protections: Prohibition of fill or removal of any material or wetland vegetation, regardless of the amount, within the bed and banks of any stream or river or in any wetland unless approved as a conditional use. 4. Mitigation Protections: Impacts to any wetland or riverbank impacts to be fully mitigated, as evaluated by Oregon Department of Fish and Wildlife (ODFW). 5. Flood Plain Protections: All new construction, expansion or substantial improvement of an existing dwelling, an agricultural related structure, a commercial, industrial or other non-residential structure, or an accessory building in a designated Flood Plain must obtain a conditional use permit. 6. Combining Zone Requirements: Deer Migration Corridor, Deer Winter Range, Elk Habitat, and Sensitive Bird and Mammal Habitat have site specific requirements including development setbacks and/or seasonal construction requirements to prevent impacts to sensitive species and habitat. Required Steps and Discretionary Review Local governments are required to comply with Goal 5 when a PAPA allows a new use and the new use "could be" a conflicting use with a particular Goal 5 resource site on an acknowledged resource list.8 Deschutes County is amending the MUA-10, RR-10, SR 2.5, UAR-10 and WTZ zoning chapters to allow ADUs consistent with SB 391 (2021) and SB 644 (2023). ADUs have the potential to generate a certain level of noise and habitat alteration. As this new use could potentially impact Goal 5 resources, Deschutes County is conducting an ESEE Analysis to identify potential consequences and protections related to the amendments. ADUs will be added as a new permitted use in the MUA-10, RR-10, SR 2.5, UAR-10 and WTZ zones. As shown below, only two of those zones, MUA-10 and RR-10 contain Goal 5 resources and are being reviewed as part of this ESEE analysis. Table 2: Zones Containing Goal 5 Resources • DCC Chapter 18.32, Multiple Use Agricultural Zone • DCC Chapter 18.60, Rural Residential Zone • DCC Chapter 19.12, Urban Area Reserve Zone • DCC Chapter 19.20, Suburban Low Density Residential Zone • DCC Chapter 19.22, Westside Transect Zone 8 OAR 660-023-0250(3)(b) 247-22-000671-TA Page 15 of 43 ESEEs are meant to be analytical tools. The content of the ESEE is discretionary and is intended to be conducted by planning staff using existing information. An ESEE is not meant to focus exclusively on environmental impacts such as an Environmental Impact Statement (EIS) under the National Environmental Policy Act (NEPA). Additionally, Goal 5 explains "the ESEE analysis need not be lengthy or complex, but should enable reviewers to gain a clear understanding of the conflicts and the consequences to be expected." 9 In utilizing this analytical tool, there are a few steps jurisdictions must include and address in accordance with OAR 660-023 - Procedures and Requirements for Complying with Goal 5: 1. Identify Conflicting Uses - Does the land use or activity negatively impact natural resources? 2. Determine Impact Area - What is the geographic extent to which land uses or activities adjacent to natural resources could negatively impact those resources? 3. Analyze ESEE Consequences - What are the positive and negative consequences (both for development and natural resources) of a decision to fully protect natural resources, fully allow conflicting uses, or limit conflicting uses? 4. Develop a program - How and to what extent will the natural resources be protected based on the ESEE analysis? A response to each of these steps is included throughout this report. The relevant page and chapter can be found in the table of contents. 9 OAR 660-023-0040(1) 247-22-000671-TA Page 16 of 43 Chapter 2: Deschutes County Goal 5 Inventory and Methodology 660-23-0030 - Inventory Goal 5 Resources Stemming from periodic review, Deschutes County adopted inventories for a variety of Goal 5 natural resources (Attachment 1). Some of these resources have mapped geographic boundaries such as Deer Winter Range, whereas others are described as being located in general areas - such as furbearer habitat in riparian corridors. The inventories were produced at a countywide scale, with additional detail for the Deschutes River and its tributaries through the Deschutes County/City of Bend River Study. County staff digitized these habitat boundaries into Geographic Information Systems (GIS) shape files in the 2000s for public awareness. The shape files were created from hard copy maps and descriptions found in the ordinances establishing the County's Goal 5 program, in consultation with the Oregon Department of Fish and Wildlife (ODFW). Maps provided in this document include inventoried habitat that spatially overlaps with the MUA- 10 and RR-10 zones impacted by the proposed text amendments (Attachment 2). The habitat areas include: deer migration corridor, deer winter range, elk habitat, flood plain, and wetlands. Staff utilized the County's WA Combining Zone layers to determine the general extent of habitat for big game species as the Combining Zone was designed to cover a larger area than the habitat itself (Ordinance 92-046). Inventoried streams and rivers are shown on the map, as well as wetlands and flood plains. Goal 5 Riparian areas (flood plain, wetlands and 100 feet measured from ordinary high water mark) associated with these water bodies is also the habitat area for fish, furbearers, waterfowl, and upland game birds (Ordinance 92-041, 94-007). As the proposed text amendments are legislative and do not impact any specific properties, staff did not review Goal 5 impacts on an individual parcel level basis. Instead staff identified the following potential resource sites in which the allowance of ADUs could potentially intersect with Goal 5 resources: Riverine Resources: Some properties in the MUA-10 and RR-10 zones are located in relative proximity to the Deschutes River, Little Deschutes River, Paulina Creek, and Whychus Creek and its associated Goal 5 Riparian Area.10 Ordinance 92-041 stated the following additional Goal 5 resources depend on riparian corridors for habitat: furbearer, waterfowl, and upland game bird habitat. As the extent of the habitat locations for these species are not detailed in a boundary description or on a map, staff assumes the species habitat is found entirely inside the Riparian Area boundary shown in Attachment 2, Wildlife Area Combining Zone: The WA Combining Zone was adopted as a protection measure for antelope, deer, and elk in Deschutes County. As an overlay zone, the mapped area conservatively identified typical habitat and migration areas and provided additional development requirements to ensure impacts to wildlife are properly mitigated alongside the underlying base zone regulations. The zone encompasses the previously inventoried area for Antelope Range, Deer Migration 10 There are 386 RR-10 tax lots, two acres or greater that abut the Little Deschutes River or Deschutes River and 505 tax lots that are split -zoned RR-10 or MUA-10 with the Flood Plain Zone. The Flood Plain Zone is not recognized as a rural residential exception area. RR-10 and MUA-10 split zoned properties will be required to contain the minimum lot or parcel area to qualify for an ADU. 247-22-000671-TA Page 17 of 43 Corridor, Deer Winter Range, and Significant Elk Habitat. The proposed amendments add a conflicting use, ADUs which affect three habitat ranges in MUA-10 and RR-10: Deer Migration Corridor, Deer Winter Range, and Significant Elk Habitat. These habitat ranges are shown in Attachment 2. The maps include federal land. However, these properties are not subject to Deschutes County land use regulations. The Deschutes County Goal 5 inventory also includes scenic and open space sites such as Landscape Management Rivers and Streams, State Scenic Waterways and Federal Wild and Scenic Rivers, and Ecologically and Scientifically Significant Natural Areas - Little Deschutes River / Deschutes Confluence (Attachment 1). As these are resources associated with mitigating visual impacts and do not impact development potential, they are not impacted by the proposed amendments and therefore are not reviewed in this document. 247-22-000671-TA Page 18 of 43 Chapter 3: Conflicting Use Analysis 660-023-0040(2): Identify conflicting uses. Local governments shall identify conflicting uses that exist, or could occur, with regard to significant Goal 5 resource sites. To identify these uses, local governments shall examine land uses allowed outright or conditionally within the zones applied to the resource site and in its impact area. Local governments are not required to consider allowed uses that would be unlikely to occur in the impact area because existing permanent uses occupy the site. Deschutes County is proposing to add ADUs in the MUA-10 and RR-10 zones in the WA Combining Zone. ADUs could be a conflicting use to significant Goal 5 resources as they generate vehicle trips, buildable footprints, and noise. Other uses that are allowed in the two zones are shown below. Table 3: Allowed Uses Zoning Outright Uses Conditional Uses Public use Semipublic use Dude ranch Kennel and/or veterinary clinic Guest house Manufactured home as a secondary accessory farm dwelling Exploration for minerals Private parks Agricultural uses Personal use airstrip Single family dwelling or Golf course manufactured home Type 2 or 3 Home occupation Harvesting a forest product Destination resorts Class I and II road or street projects Planned developments subject to land division standards Cluster developments MUA-10 Class 111 road or street project Landfills Noncommercial horse stables Timeshare Horse events Hydroelectric facility Operation, maintenance and piping of Storage, crushing and processing of minerals canals Bed and breakfast inn Type I Home occupation Excavation, grading and fill Historic accessory dwelling units Religious institutions Private or public schools Utility facility Cemetery Commercial horse stables Horse events Manufactured home park or RV park Wireless telecommunication facilities Guest lodge Surface mining in conjunction with operation and maintenance of irrigation system 247-22-000671-TA Page 19 of 43 Zoning Outright Uses Conditional Uses Public park Dude ranch Personal use airstrip Planned developments Single family dwelling or Cluster developments manufactured home Recreation -oriented facility Utility facility Landfills Community center Cemetery Agricultural use Timeshare Class I and II road or street projects Hydroelectric facility RR-10 subject to land division standards Class III road or street project Bed and breakfast inn Golf course Noncommercial horse stables Excavation, grading and fill Horse events Religious institutions Operation, maintenance and piping of Public use canals Semipublic use Type I Home occupation Commercial horse stables Historic accessory dwelling units Private or public schools Manufactured home park or RV park Wireless telecommunication facilities Surface mining in conjunction with operation and maintenance of irrigation system General Impacts of Conflicting Uses The proposed amendments would allow ADUs in inventoried Goal 5 resources. As part of the ESEE review "a local government may conduct a single analysis for two or more resource sites that are within the same area or that are similarly situated and subject to the same zoning".11 In reviewing the proposed amendments, Deschutes County finds that the impacts from ADUs in the MUA-10 and RR-10 zones as they relate to Deer Migration Corridor, Deer Winter Range, and Significant Elk Habitat are of such a similar nature that the impacts for these areas may be reviewed together via the general impacts described below. • Noise and Light ADUs as a secondary dwelling may distress inventoried wildlife, as they seek to avoid noise and light. • Habitat Removal ADUs would likely require removal of upland vegetation, grading, and soil compaction that could alter drainage and runoff patterns. This could increase peak runoff, cause bank erosion, flooding, or increase the flow of sediment into water bodies. The removal of upland vegetation could also reduce tree canopy and understory vegetation which could be utilized by wildlife, outside of their primary habitat. 11 OAR 660-023-0040(4) 247-22-000671-TA Page 20 of 43 • Introduction of Invasive, Nonnative Plants ADUs may contribute to the spread of invasive, nonnative plants which could replace and degrade native vegetation of which many species depend. • Habitat Fragmentation Additional human development may result in fences, roads, traffic and other barriers to the movement of terrestrial wildlife that is critical to their survival. Greater detail on these potential conflicts and their consequences are provided below. 247-22-000671-TA Page 21 of 43 Chapter 4: Impact Areas 660-023-0040(3): Determine the impact area. Local governments shall determine an impact area for each significant resource site. The impact area shall be drawn to include only the area in which allowed uses could adversely affect the identified resource. The impact area defines the geographic limits within which to conduct an ESEE analysis for the identified significant resource site. This step is discretionary and allows for the local jurisdiction to define which areas are the most vulnerable and/or most likely to be affected by the proposed amendments. The impact area for this ESEE analysis are properties that are within the Deer Migration Corridor, Deer Winter Range, and Significant Elk Habitat in the MUA-10 and RR-10 zones. As this ESEE is not for any specific property, but instead reflects changes to the code generally, there is no individual property specific data. Properties in this impact area can be found in Attachment 2 - ImpactArea Maps Impact Area Methodology To understand the impact of the proposed amendments, an estimate of the number of parcels is shown in Table 4 below. Table 4: Number of Affected Non -Federal Properties in impact Area 12 Zone Deer Migration Deer Winter Elk Multiple Use Agricultural Zone 0 9 0 Rural Residential Zone 1,293 446 39 Total 1,293 455 39 12 See footnote #8. 247-22-000671-TA Page 22 of 43 Chapter 5: ESEE Analysis 660-023-0040(4): Analyze the ESEE consequences. Local governments shall analyze the ESEE consequences that could result from decisions to allow, limit, or prohibit a conflicting use. The analysis may address each of the identified conflicting uses, or it may address a group of similar conflicting uses. A local government may conduct a single analysis for two or more resource sites that are within the same area or that are similarly situated and subject to the same zoning. The local government may establish a matrix of commonly occurring conflicting uses and apply the matrix to particular resource sites in order to facilitate the analysis. A local government may conduct a single analysis for a site containing more than one significant Goals resource. The ESEE analysis must consider any applicable statewide goal or acknowledged plan requirements, including the requirements of Goal 5. The analyses of the ESEE consequences shall be adopted either as part of the plan or as a land use regulation. Background Deschutes County is choosing to conduct a single analysis for all resource sites as the impacts from ADUs could have very similar impacts to both riparian areas and fish and wildlife that depend on the riparian for their habitat, and for big game including deer and elk. As described above, the potential impacts fall into four general areas: • Noise and Light ADUs as a secondary dwelling may distress inventoried wildlife, as they seek to avoid noise and light. • Habitat Removal ADUs would likely require removal of upland vegetation, grading, and soil compaction that could alter drainage and runoff patterns. This could increase peak runoff, cause bank erosion, flooding, or increase the flow of sediment into water bodies. The removal of upland vegetation could also reduce tree canopy and understory vegetation which could be utilized by wildlife, outside of their primary habitat. • Introduction of Invasive, Nonnative Plants ADUs may the spread of invasive, nonnative plants which could replace and degrade native vegetation of which many species depend. • Habitat Fragmentation Additional human development may result in fences, roads, traffic and other barriers to the movement of terrestrial wildlife that is critical to their survival. 247-22-000671-TA Page 23 of 43 This step is discretionary. The purpose of an ESEE analysis is to provide a qualitative exercise for local governments to weigh the positive and negative consequences of three scenarios in order to determine a preferred outcome. Governments may choose to use quantitative data as necessary, but are not required to gather new information or hire wildlife biologists, economists, sociologists, or energy consultants. ESEE Scenario Descriptions Scenario (A) - Allow the Conflicting Use In this scenario, the local government may decide that a conflicting use should be allowed fully, without any restrictions, no matter the potential impacts on the inventory site(s). In this instance, the Goal 5 rule would require the government to determine the conflicting use is of such importance compared to the site that the use should be allowed without any protections or limitations. In choosing this scenario, the local government could still use other tools to protect the inventories that are currently in place. Scenario (B) - Prohibit the Conflicting Use In this scenario, the local government may decide that the inventory site is of such importance or the conflicting use has the potential to be so detrimental to the inventory site(s), that the conflicting use should be entirely prohibited. Scenario (C) - Limit the Conflicting Use In this scenario, the local government may decide that the inventory site and the conflicting use are both important when compared to each other, and the use should be allowed with limitations to balance the impacts to the inventory site(s). Accessory Dwelling Unit ESEE Analysis Scenario (A) Allow the Conflicting Use in this scenario, Deschutes County would allow ADUs in MUA-10 and RR-10 zones without any additional requirements to protect the inventoried resources. Economic Consequences: Permitting ADUs would have positive consequences by allowing a second dwelling on a property. Deschutes County is experiencing a housing shortage. Allowing ADUs, which are limited to 900- square-feet of useable floor area and cannot be used as vacation rentals, could help address work force housing shortages in the region. It could reduce commuting costs for those workers that live in adjoining Crook, Jefferson and Klamath counties, and coupled with other work force housing strategies, attract businesses and employment opportunities in Central Oregon. Allowing ADUs could also have negative consequences. The development of ADUs in MUA-10 and RR-10 zones could significantly increase land value, which could price out low and middle -income residents from the opportunity to own a home. Previous testimony from ODFW estimates that hunting and wildlife viewing contributed more than $50 million to the Deschutes County economy annually. Deschutes County is proposing to allow ADUs in some areas that contain riparian areas 247-22-000671-TA Page 24 of 43 and species that rely on the riparian area for habitat including fish, furbearers, upland game birds, and waterfowl. Allowing for ADUs near these areas could reduce income associated with wildlife viewing and hunting of these species. In some parts of the county, mule deer populations have declined up to 70% since 2000 as a result of human caused habitat reduction, fragmentation, and disturbance on winter range. By allowing ADUs in Deer Migration Corridor, Deer Winter Range, and Significant Elk Habitat, there is the potential for greater disturbance of deer and elk populations that could reduce hunting and viewing opportunities. Social Consequences: Permitting ADUs could have positive consequences by allowing property owners with an existing single family dwelling to build an ADU that accommodates aging parents or family members, farm help for those that are working on MUA-10 zoned agricultural properties or nearby Exclusive Farm Use zoned properties. By providing affordable housing, it could help lift people out of poverty and increase economic mobility. It could bring a positive impact on the surrounding community, encouraging social connections and lowering crime rates. It could also have negative consequences by allowing ADUs in rural areas with inadequate access to employment, schools, food markets, medical facilities and parks. This could lead to higher automobile -dependence and vehicle emissions caused by more people driving to and from rural areas. Based on previous testimony from ODFW, there could also be negative impacts due to the potential loss of wildlife habitat. Many residents, advocacy organizations, and wildlife agencies continue to express concerns regarding the loss of fish and wildlife habitat due to the region's rapid growth and development. There is a recognition that increases in human activity, especially in rural areas, displace habitat and diminish, incrementally, Deschutes County's rural character and quality of life. The proposed amendments could have negative consequences due to increased human presence and infrastructure near the inventoried Goal 5 resources, which could lead to a reduced level of access and enjoyment for recreationalists. Environmental Consequences: In this scenario, ADUs would be permitted outright. As stated previously, ADUs could present negative impacts as they have the potential to increase noise and light near fish and wildlife habitats, and in turn cause distress to inventoried Goal 5 species. Developing an ADU would likely require removal of upland vegetation, grading, and soil compaction that could alter drainage and runoff patterns. This could increase peak runoff, cause bank erosion, flooding, or increase the flow of sediment into water bodies. The removal of upland vegetation could also reduce tree canopy and understory vegetation which could be utilized by wildlife, outside of their primary habitat. Permitting ADUs could create negative impacts to designated habitat for Deer Migration Corridor, Deer Winter Range, and Significant Elk Habitat. Based on previous testimony from ODFW, mule deer populations have declined up to 70% since 2000. Their testimony identified other elements contributing to reductions in mule deer populations tied to human caused habitat reduction, fragmentation, and disturbance on winter range. 247-22-000671-TA Page 25 of 43 As previously stated, the following Goal 5 protections established during the creation of the initial inventory would remain in place: 1. Setback Protections: 100-foot structural setback from the ordinary high water mark of rivers or streams. 2. Scenic Protections: Development near rivers in the Landscape Management Combining Zone must be reviewed for aesthetic compatibility. 3. Wetland Protections: Prohibition of fill or removal of any material or wetland vegetation, regardless of the amount, within the bed and banks of any stream or river or in any wetland unless approved as a conditional use. 4. Mitigation Protections: Impacts to any wetland or riverbank impacts to be fully mitigated, as evaluated by ODFW. 5. Flood Plain Protections: All new construction, expansion or substantial improvement of an existing dwelling, an agricultural related structure, a commercial, industrial or other non- residential structure, or an accessory building in a designated Flood Plain shall obtain a conditional use permit. 6. Combining Zone Requirements: Deer Migration Corridor, Deer Winter Range, Significant Elk Habitat and Sensitive Bird and Mammal Habitat have site specific requirements including development setbacks and seasonal construction requirements to prevent impact to sensitive species and habitat. Existing protections would prevent riparian areas from being developed with ADUs established near them. As the existing Goal 5 measures in place today protect riparian areas and the fish and wildlife within that habitat area, the addition of ADUs near these areas will be neutral. Energy Consequences: ADUs are unlikely to cause any major energy consequences. Per SB 391 and SB 644, the ADU must be within 100 feet of the existing dwelling. It must utilize the existing onsite system if there is no pre-existing centralized wastewater treatment system. It can also rely on an existing domestic well. A potential negative consequence of the proposed amendments could be additional development in rural Deschutes County. Depending on the location of the ADU, it could lead to additional Vehicle Miles Traveled and greater congestion on county owned roads for employment, education, and basic services. 247-22-000671-TA Page 26 of 43 Scenario (8) Prohibit the Conflicting Use In this scenario, Deschutes County would not allow ADUs in the MUA-10 and RR-10 zones associated with the WA Combining Zone and Deer Migration Corridor, Deer Winter Range, and Significant Elk Habitat. Economic Consequences: Prohibiting ADUs could have negative economic consequences, as it prevents certain property owners from using their land and building a secondary dwelling unit. This could contribute to work force housing deficiencies in the region and compel residents to commute from adjoining areas in Crook, Jefferson, and Klamath counties. It could also have neutral consequences based on previous testimony from ODFW. Prohibiting ADUs could contribute to stabilizing mule deer populations, thereby maintaining economic benefits from wildlife viewing or hunting. Wildlife viewing, hunting, and fishing experiences in Deschutes County is a major economic asset to the region. Continuing with the current regulations could minimize further habitat fragmentation and help maintain wildlife viewing, hunting, and fishing revenues in Deschutes County. Social Consequences: Prohibiting ADUs could have negative consequences. Many residents and multi -generational families in Deschutes County need affordable housing and are rent -burdened. Limiting the potential supply of ADUs could exacerbate Central Oregon's housing crisis by forcing some residents to pay higher rents, commute longer distances for basic services, or relocate. Those circumstances could lead to further mental and physical stress. It could also have positive consequences. Many residents express their appreciation for undisturbed landscapes because they contribute to Deschutes County's rural character and quality of life. Prohibiting ADUs, which generate noise and light would continue to limit disturbance to existing fish and wildlife habitats. Environmental Consequences: There are 386 RR-10 tax lots, two acres or greater that abut the Little Deschutes River or Deschutes River and 505 tax lots that are split -zoned RR-10 or MUA-10 with Flood Plain. These properties contain a Goal 5 Riparian Area which is also the habitat for Goal 5 inventoried waterfowl, upland game bird, furbearers, and fish. The WA Combining Zone contains Deer Migration Corridor, Deer Winter Range, and Significant Elk Habitat. By prohibiting ADUs and maintaining the status quo, these species will continue to be protected against habitat fragmentation and distress from second dwellings. The environmental consequences are therefore neutral. Energy Consequences: Energy consumption would have neutral consequences as this scenario maintains the status quo. Development associated with ADUs may be displaced to other areas of rural Deschutes County, which could still have demands on utilities. 247-22-000671-TA Page 27 of 43 Scenario (C) Limit the Conflicting Use In this scenario, Deschutes County would allow ADUs in the MUA-10 and RR-10 zones, with additional limitations to protect the inventoried resources, outside of existing protections. For example, a limitation requiring the entire ADU to be within a 100 feet of the existing dwelling. Economic Consequences: Permitting ADUs would have positive consequences by allowing a second dwelling on a property. Deschutes County is experiencing a housing shortage. Allowing ADUs, which are limited to 900- square-feet of livable floor area and cannot be used as vacation rentals, could help address work force housing shortages in the region. It could reduce commuting costs for those workers that live in adjoining Crook, Jefferson and Klamath counties and coupled with other work force housing strategies, attract businesses and employment opportunities in Central Oregon. Compared to scenario (a) in which only a portion of the ADU must be within a 100 feet of the existing dwelling, the addition of limitations could lessen the impact by minimizing the buildable footprint and ultimately, the number of eligible properties, recognizing that some may not have enough area to accommodate an ADU. This could positively impact the hunting and wildlife viewing economy in Central Oregon, valued at $50 million annually. While such measures could lessen impacts, the overall burden caused by allowing ADUs nevertheless may still overall impact wildlife and thereby impact revenue generated from the recreation economy. In comparison to scenario (a), which would allow the use outright, Deschutes County finds that this scenario would provide a limitation to reduce the amount of impacts, even if those impacts still exist. Social Consequences: The positive social consequences in this scenario are very similar to scenario (a). Permitting ADUs could have positive consequences by allowing property owners with an existing single family dwelling to build an ADU that accommodates aging parents or family members, farm help for those that are working on MUA-10 zoned agricultural properties or nearby Exclusive Farm Use zoned properties. By providing affordable housing, it could help lift people out of poverty and increase economic mobility. It could bring a positive impact on the surrounding community, encouraging social connections and lowering crime rates. Adding a limitation requiring the entire ADU to be within a 100 feet of the existing dwelling (or others), could establish a negative consequence of ADUs in rural areas with inadequate access to employment, schools, food markets, medical facilities and parks. This could lead to higher automobile -dependence and vehicle emissions caused by more people driving to and from rural areas. Based on previous testimony from ODFW, there could also be negative impacts due to the potential loss of wildlife habitat stemming from the possible removal of habitat areas and construction of structures and their associated human presence. Many residents, advocacy organizations, and wildlife agencies continue to express concerns regarding the loss of fish and wildlife habitat due to the region's rapid growth and development. There is a recognition that increases in human activity, especially in rural areas, displace habitat and diminish, incrementally, Deschutes County's rural character and quality of life. The proposed amendments could have 247-22-000671-TA Page 28 of 43 negative consequences due to increased human presence and infrastructure near or within the inventoried Goal 5 resources, which could lead to a reduced level of access and enjoyment for recreationalists. Environmental Consequences: ADUs could present negative consequences as they have the potential to increase activity, noise, and light near fish and wildlife habitats, and in turn cause distress to inventoried Deer Migration Corridor, Deer Winter Range, and Significant Elk Habitat. Development of an ADU would likely require removal of upland vegetation, grading, and soil compaction that could alter drainage and runoff patterns. This could increase peak runoff, cause bank erosion, flooding, or increase the flow of sediment into water bodies. The removal of upland vegetation could also reduce tree canopy and understory vegetation which could be utilized by fish and wildlife species, outside of their primary habitat. Permitting ADUs could result in further negative impacts to the Deer Migration Corridor, Deer Winter Range, and Significant Elk Habitat. Based on recent testimony from ODFW, mule deer populations have declined up to 70% since 2000. Their testimony identified other elements contributing to reductions in mule deer populations tied to human caused habitat reduction, fragmentation, and disturbance on winter range. Existing protections in place today (discussed above) would prevent Goal 5 riparian areas from being developed when ADUs are nearby. The establishment of ADUs in these areas would likely be neutral. By limiting the entire ADU within a 100 feet of the existing dwelling, the negative environmental consequences associated with ADU could be mitigated to a certain extent. Energy Consequences: The energy consequences in this scenario are the same as in scenario (a). Limiting the entire ADU to within a 100 feet of the existing dwelling could decrease the amount of energy used to operate the ADU. 247-22-000671-TA Page 29 of 43 Chapter 6: ESEE Decision 660-023-0040(5): Develop a program to achieve Goal 5. Local governments shall determine whether to allow, limit, or prohibit identified conflicting uses for significant resource sites. This decision shall be based upon and supported by the ESEE analysis. A decision to prohibit or limit conflicting uses protects a resource site. A decision to allow some or all conflicting uses for a particular site may also be consistent with Goal 5, provided it is supported by the ESEE analysis. One of the following determinations shall be reached with regard to conflicting uses for a significant resource site: (c) A local government may decide that the conflicting use should be allowed fully, notwithstanding the possible impacts on the resource site. The ESEE analysis must demonstrate that the conflicting use is of sufficient importance relative to the resource site, and must indicate why measures to protect the resource to some extent should not be provided, as per subsection (b) of this section. The graphic below is meant to be a simplified representation to balance each of the ESEE factors. As stated in the ESEE analysis, there are a variety of positive, negative, and neutral consequences associated with each scenario. Deschutes County finds that the issue of allowing an ADU in MUA-10 and RR-10 zones are both a social and economic issue that outweighs the other ESEE consequences. The County considered allowing the use with limitations by limiting the entire ADU within a 100 feet of the existing dwelling, but this practice could limit the number of affordable housing opportunities. Therefore the County is choosing scenario (a) which will allow the use fully notwithstanding the possible impacts on the resource sites. Table 5: ESEE Factors ESEE Factors Support habitat functions (Environmental, economic, social) Support Affordable Housing (Social, economic) Support Recreational Economy (Economic, Social) Preserves Rural Character (Social, economic) Transportation (Energy) Prohibit conflict (No code change) 0 - 0 0 0 Allow conflict Allow ADUs with no additional requirements - + - - - Limit conflict Allow ADUs with additional limitation - + - - - 247-22-000671-TA Page 30 of 43 Chapter 7: Program to Achieve Goal 5 660-023-0050(1): For each resource site, local governments shall adopt comprehensive plan provisions and land use regulations to implement the decisions made pursuant to OAR 660-023- 0040(5). The plan shall describe the degree of protection intended for each significant resource site. The plan and implementing ordinances shall clearly identify those conflicting uses that are allowed and the specific standards or limitations that apply to the allowed uses. A program to achieve Goal 5 may include zoning measures that partially or fully allow conflicting uses (see OAR 660-023-0040(5)(b) and (c)). 660-023-0050(2): When a local government has decided to protect a resource site under OAR 660- 023-0040(5)(b), implementing measures applied to conflicting uses on the resource site and within its impact area shall contain clear and objective standards. For purposes of this division, a standard shall be considered clear and objective if it meets any one of the following criteria: (a) It is a fixed numerical standard, such as a height limitation of 35 feet or a setback of 50 feet; (b) It is a nondiscretionary requirement, such as a requirement that grading not occur beneath the dripline of a protected tree; or ... Deschutes County has determined that allowing ADUs within the MUA-10 and RR-10 zones and within the Deer Migration Corridor, Deer Winter Range, and Significant Elk Habitat should be allowed fully, notwithstanding the possible impacts on the inventoried resources. The implementing measures do not include alternative, discretionary procedures for compliance. 247-22-000671-TA Page 31 of 43 Attachment 1- Deschutes County Significant Goal 5 Resources Inventoried Resource Flood Plain Relationship Conflicts Comments Relevant Ordinances Fish Habitat (Inventory — Ord. No. 92 041, page 18; creeks, rivers and lakes) Yes Major conflicts are removal of riparian vegetation, fill and removal activities within the bed and banks of streams or wetlands, hydroelectric, rural residential development and water regulation Floodplain zone recognized as program to achieve the goal to conserve fish habitat (Ordinance Nos. 88-030, 88-031, 89-009). Others include: fill and removal permits, wetland removal regulations, hydro prohibitions, rimrock setbacks, 100' setback from OHW, conservation easements and restrictions on boats and docks. Ordinance Nos. 86-018, 86-053, 86-054, 86-056, 88-030, 88-031, 89-009, 92-040, 92-041 Deer Winter Range (Inventory -Ord. No, 92-041, page 22; Metolius, Tumalo, North Paulina, and Grizzly ranges identified by ODFW Yes Major conflicts are dwellings, roads, and dogs. Activities which cause deterioration of forage quality and quantity or cover are conflicting uses. Fences which impede safe passage are also a conflicting use. Floodplain zone recognized as a program to achieve the goal to protect deer winter range (Ordinance Nos. 88-030, 88-031, 89-009). Others include Wildlife Area Combining Zone. Requires 40-acre minimum lot size for all new residential land divisions. Underlying zoning in most of the deer winter range is: EFU, Forest, and Floodplain. These zones provide for large lot sizes and limit uses that are not compatible with farm or forest zones. Ordinance Nos. 88_030, 88 031, 59-009, 92-040, 92 041, 92 042, 92 046 Deer Migration Corridor (Inventory — Ord. No. 92-041, page 26; Bend -La Pine migration corridor identified by ODFW) Yes Major conflicts are dwellings, roads, and dogs. Fences which impede safe passage are also a conflicting use. Wildlife Area Combining Zone was recognized as the only program to achieve the goal to protect the deer migration corridor. Underlying zoning is RR-10. It was amended to require cluster development for all land divisions in the RR-10 zone in the Bend/La Pine migration corridor (92-042). A 20-acre parcel is the minimum size required for a cluster development. Siting and fencing standards also apply in the deer migration corridor. Migration corridor includes some EFU, Forest, and Floodplain zoned land. These resource zones provide for large lot sizes and limit uses that are not compatible with farm or forest zones. Ordinance Nos. 92-040, 92-041, 92-042, 92-046 247-22-000671-TA Page 32 of 43 Inventoried Resource Flood Plain Relationship Conflicts Comments Relevant Ordinances Elk Habitat (Inventory — Ord. No. 92-041- page 32; identified by USFS and ODFW) Yes Major conflict is the loss of habitat due to increased residential densities in the habitat areas. Increased human disturbance can cause conflict with elk. The use of land which necessitates the removal of large amounts of vegetative cover can also alter the quality of elk habitat. Wildlife Area Combining Zone was recognized as the only program to achieve the goal to protect the elk habitat. It was amended to require a 160- acre minimum lot size for areas identified as significant elk habitat. Siting standards are required to minimize conflicts of residences with habitat protection. Underlying zoning in the elk habitat areas is either Floodplain, Forest, or Open Space and Conservation. These resource zones restrict high density residential development and prohibit industrial and commercial uses. * Some lands are zoned RR10, including lots that are split zoned with flood plain. They are already parcelized, preventing future land divisions. Ordinance Nos. 88-030, 88-031, 89-009, 92-040, 92-041, 92-042, 92-046 Antelope Habitat (Inventory — Ord. No. 92-041— page 38; identified by ODFW) No Land use or development activities which would result in the loss of habitat, and animal harassment and disturbance associated with human activity. To achieve the goal to conserve antelope habitat, uses conflicting with antelope habitat are limited to the Wildlife Area Combining Zone. In antelope range, the minimum lot size is 320 acres. Except for rural service centers, the antelope habitat is zoned EFU or F1. Ordinance Nos. 92-040, 92-041, 92-042, 92-046 Habitat for Sensitive Birds (Inventory -Ord. No. 92-041- page 41 and Table 5; identified by ODFW, ODF, OSU, Oregon Natural Heritage Data Bases). The area required for each nest site varies between species. No Nest sites are found in Forest, EFU and Open Space and Conservation zones. Uses that could conflict with the habitat site are surface mining, residential use, recreation facilities, roads, logging, and air strips. Any activity which would disturb the nesting birds, including intensive recreational use or removal of trees or The Sensitive Bird and Mammal Combining Zone achieves the goal to protect sensitive bird sites. Ordinance Nos. 92-040, 92-041, 92-042, 92-046 247-22-000671-TA Page 33 of 43 Inventoried Resource Flood Plain Relationship Conflicts Comments Relevant Ordinances vegetation could conflict with the habitat site. (UPDATE - Inventory — Ord. No. 94-004 —pages 3 to 140 Site specific ESEE analysis and decisions follow each site. No See above. Habitat areas for sensitive birds of the Fish and Wildlife Element, adopted in No. 92-041 is repealed and replaced by inventories in Exhibit 1. Area required around each nest site needed to protect the nest from conflict varies between species. It's called "sensitive habitat area." Note: Northern bald eagle, osprey, golden eagle, prairie falcon, and great blue heron rookeries are located on federal land. Classified as "2A"Goal 5 Resources. Great Grey owl site no longer exists. Some bald eagle, golden eagle sites are controlled by the Sensitive Bird and Mammal Combining Zone. Ordinance Nos. 94-004, 94-005 and 94-021 Waterfowl Habitat (Inventory — Ord. No. 92 041—page 56; includes all rivers, streams, lakes and perennial wetlands and ponds identified on the 1990 US Fish and Wildlife Wetland Inventory Maps; ODFW provided lists of all bird species; Co/City of Bend River Study provides additional information) Yes Future resort and vacation home development, human activity associated with recreation along rivers and lakes, timber -cutting around sensitive habitats, fill and removal of material in wetlands and within the bed and banks of rivers and streams, and removal of riparian vegetation are conflicting uses. Floodplain zone recognized as program to achieve the goal to conserve waterfowl habitat (Ordinance Nos. 88-030, 88-031, 89-009). Others include: fill and removal permits, wetland removal regulations, rimrock setbacks, 100' setback from OHW, conservation easements, restrictions on boats and docks, landscape management, state and federal scenic water regulations. In addition, the Forest and EFU zones require large minimum lot size which limits the potential density of development in the areas adjacent to many of the rivers, streams, wetlands, and ponds used for waterfowl habitat. Ordinance Nos. 86 018, 86 054, 86 056, 88 030, 88 031, 89 009, 92 040, 92 041, 92 042 92 045, 92-046 247-22-000671-TA Page 34 of 43 Inventoried Resource Flood Plain Relationship Conflicts Comments Relevant Ordinances Pheasant and quail are affected whenever agricultural land is taken out of production through For all of the upland game birds except sage grouse, the habitat is adequately protected by the Upland Game Bird urban sprawl, road existing EFU and Forest zoning and Habitat (Inventory - Ord. No. 92 041-page 60; ODFW did not construction, industrial development and other land clearing the provisions to protect wetlands and riparian areas to achieve the goal of protecting upland game identify critical activities. birds. Ordinance Nos. habitat for any of County provisions to protect 86-018, 86- the upland game Farming practices on riparian areas and wetlands protect 053,86-054, 86 Yes one of the most significant 056, 88-030, 88- the sage grouse; " lands also have an components of upland game 031, 89-009, 92- habitat for upland game birds is impact. Fence row, woodlots, and riparian habitat. 040, 92-041, 92- 042, 92-046 dispersed vegetation are Note: conflicts with sage grouse are throughout the county in riparian, forest, agricultural, and rangeland areas) constantly being removed at the expense of upland bird use. Chapter 6 of County/City of Bend limited by EFU zoning with a 320 acre minimum parcel size. Sensitive Bird and Mammal Combining Zone pertaining to sage grouse and leks have been repealed due to LCDC enacted rules in OAR 660, Division 23. River Study identifies conflicting uses with upland bird habitat. Habitat areas for Upland Game Bird Habitat, adopted in No. 92-041 is repealed and replaced and further amended in Exhibit 4 with the ESEE Analysis and inventory for upland game bird habitat. Conflicts with sage grouse are reduced by the limitations on uses UPDATE - Inventory in the EFU and Floodplain zone, by Ordinance Nos. - Ord. No. 94-004 — Yes - See above. the 320 acre minimum lot size and 94-004 and 94- pages 156-201. predominance of BLM lands. 021 Note: conflicts with sage grouse are limited by EFU zoning with a 320 acre minimum parcel size. Sensitive Bird and Mammal Combining Zone pertaining to sage grouse and leks have been repealed due to LCDC enacted rules in OAR 660, Division 23. 247-22-000671-TA Page 35 of 43 Inventoried Resource Flood Plain Relationship Conflicts Comments Relevant Ordinances Furbearer Habitat (Inventory — Ord. No. 92 041—page 65; ODFW has not identified any specific habitat sites other than riparian and wetland areas that are critical for the listed species. Yes The conflicting uses are those activities or development which would degrade or destroy habitat, or disturb the animals causing them to relocate. Conflicts between furbearers and other land uses are minimal in the county. Furbearer habitat is adequately protected by the existing EFU and Forest zoning and the provisions to protect farm use and forest zoning, and the provisions to protect wetlands and riparian areas to achieve the goal to protect furbearers. The farm and forest zones require large minimum lot sizes and many uses are permitted only as conditional uses. The measures to protect riparian and wetland habitat are detailed in this plan in the Riparian and Wetland Habitat section. Ordinance Nos. 86-018, 86- 053,86-054, 86- 056, 88-030, 88- 031, 89 009, 92 040, 92-041 Habitat Areas for Townsend's Big- Eared Bats (Inventory - Ord. No. 92-041- page 69; identified by ODFW, ODF, OSU, Oregon Natural Heritage Data Bases) No Caves located in EFU zones. Uses permitted in those zones that could conflict with the habitat site are surface mining, recreation facilities including golf courses and destination resorts, roads, logging, and air strips. Program to achieve the goal is Sensitive Bird and Mammal Combining Zone Ordinance No. 92-041 and 042 UPDATE - Inventory — Ord. No. 94-004 - pages 140 to 155 ` Site specific ESEE analysis and decisions follow each site. No See above. Habitat areas for Townsend Bats, adopted in No. 92-041 is repealed and replaced and further amended in Exhibit 2. The ESEE for Townsend's big -eared bats is amended for additional bat sites in Exhibit 3. Ordinance Nos. 94-004 and 94- 021 247-22-000671-TA Page 36 of 43 Inventoried Resource Flood Plain Relationship Conflicts Comments Relevant Ordinances Wetlandsand Riparian Areas (Inventory — Ord. No. 92 041—page 73; identified on USFWS NWI) Yes Conflicting uses include fill and removal of material, including vegetation which could cause a reduction in the size or quality or function of a wetland, or cause destruction or degradation of the riparian habitat and vegetation. Structural development in wetlands or riparian areas would reduce the habitat and the use of the structure could cause conflicts such as harassment or disturbance or wildlife dependent on the habitat. Cutting of riparian vegetation can remove important shade for streams, eliminate habitat for various waterfowl, furbearers, and nongame bird species, and can increase the potential for erosion or bank instability in riparian areas. Floodplain zone recognized as program to achieve the goal to conserve wetland and riparian habitat (Ordinance Nos. 88-030, 88- 031, 89-009). Others include: fill and removal permits, wetland removal regulations, hydro prohibitions, 100' setback from OHW, conservation easements, restrictions on boats and docks, and landscape management. Ordinance Nos. 86-018, 86-054, 86 056, 88 030, 88 031, 89 009, 92 040, 92 041, 92-045 247-22-000671-TA Page 37 of 43 Inventoried Resource Flood Plain Relationship Conflicts Comments Relevant Ordinances Conflicting uses: Locating septic systems in riparian area could cause Riparian Areas inventory and ESEE UPDATE — Riparian analysis adopted by Ordinance No. inventory — Ord. pollution of ground 92-041 is deleted and replaced by No. 94-007; and surface water The an inventory and ESEE contained in Significant riparian habitat is located in systems. potential for this conflict depends on the Exhibit A. three areas: Area within 100' of characteristics of the soil. New parcels meeting the minimum lot size in the resource zones (EFU, Forest, non -exception flood plain) OHW of an will not cause an increase in inventoried stream or river; Area adjacent to an Locating structural development in riparian areas can reduce the habitat and the use of residential density that would conflict with riparian habitat values. inventoried river or In RR10, MUA-10, and Floodplain stream and located structures could cause conflicts such as zones found adjacent to within a flood plain harassment or inventoried riparian areas, the Ordinance Ordinance Nos. mapped by FEMA Yes disturbance of wildlife creation of new 10 acre parcels94-007 and zoned Floodplain by the dependent on habitat. would not significantly increase the overall density of residential use county (Deschutes Recreational adjacent to riparian areas because River, Little use of the areas where new parcels could Deschutes River, Paulina Creek, Fall River, Indian Ford Creek, Tumalo Creek, Squaw the riparian area including boat landing areas, formal and informal trails, and camping areas can alter soil composition be created, with the exception of Tumalo Creek, are already divided into lots considerably smaller than 10 acres. (Whychus) Creek, and Crooked River Area adjacent to a and cause destruction of vegetation. Increase in density Program to achieve Goal 5 for Riparian Habitat: fill and removal regulations to protect wetlands, 100' setback from OHW, Floodplain river or stream and inventoried as a wetland on the NWI of residential lots in or adjacent to riparian areas could result in a decrease of habitat effectiveness because of disturbance to wildlife. zone (regulates docks too), Landscape Management zone, Conservation easements, State Scenic Waterway 247-22-000671-TA Page 38 of 43 Inventoried Resource Flood Plain Relationship Conflicts Comments Relevant Ordinances UPDATE — Wetland Inventory — Ord. No. 94-007, Exhibit B —inventory is NWI (Ord. No. 92-045) Yes Conflicting uses include fill and removal of material, including vegetation, which could cause reduction in the size, quality or function of a wetland. Locating structural development in wetlands could reduce the habitat and the use of the structure could cause conflicts such as harassment or disturbance of wildlife dependent on the habitat. Draining wetlands for agriculture of other development purposes destroys the hydrological function of the wetland and alters the habitat qualities that certain wildlife depend on. Cutting wetland vegetation adjacent to streams can remove important shade for streams, eliminate habitat for various waterfowl, furbearers, and nongame bird species, and can also increase the potential for erosion or bank instability in riparian areas. Wetlands Inventory and ESEE analysis adopted by Ordinance No. 92-041 is deleted and replaced by an inventory and ESEE contained in Exhibit B, Wetlands. Program to achieve Goal 5 for Wetland Habitat: • Fill and removal regulations to protect wetlands • 100' setback from OHW • Flood plain zone (regulates docks too) • DSL Removal / Fill law Ordinance Nos. 94-007 247-22-000671-TA Page 39 of 43 Inventoried Resource Flood Plain Relationship Conflicts Comments Relevant Ordinances Ecologically and Scientifically Significant Natural Areas * Little Deschutes River / Deschutes River Programs for resource protection include the zoning of the property, the provisions of the flood plain, wetlands and the river corridor. Confluence (Inventory - Ord. No. 92-052, Exhibit The implementing measures which protect and regulate development B, Page 1; Resort and vacation home development, in the confluence area are: EFU Ordinance Nos. identified by recreational zoning, Floodplain zoning, 86-018, 86-054, Oregon Natural conservation easements, and fill 86-056, 88-030, Heritage Program); Yes uses,livestock grazing, and fill and removal in and removal permits. 88-031, 89-009, Analysis of Pringle wetlands are 92-040, 92-041, Falls and Horse Ridge Research Areas, West conflicting uses. The confluence area is located in the undeveloped open space area of the Sunriver development 92-045 Hampton Butte and Davis Lakes excluded b/c they're on federal land and/or not related to flood plains. (Crosswater). 80% of the property is retained as open space. Today, zoning is Floodplain and Forest Use. Landscape Management Rivers and Streams (Inventory — Ord. No. 92-052, Exhibit Uses conflicting with open space and scenic resources along the designated Landscape C, Page 3; identified by state Management rivers and streams include and federal wild land management Program for resource protection and scenic activities that result in includes: Floodplain zone and Ordinance Nos. corridors; and within 660' of OHW habitat loss or development within restrictions, fill and removal permits, wetland removal g6 018, 86 053, of portions of Yes river or stream regulations, hydro prohibitions, 86 054, 86 056, Deschutes River, corridors which would rimrock setbacks, conservation 88 030, 88 031, Little Deschutes excessively interfere easements, restrictions on boats 89 009, 92-033, River, Paulina with the scenic or and docks, and landscape 93-034 Creek, Fall River, Spring river, Tumalo Creek, Squaw (Whychus) Creek, and Crooked River not on the state or federal scenic designations) natural appearance of the landscape as seen from the river or stream or alteration of existing natural landscape by removal of vegetative cover. management. 247-22-000671-TA Page 40 of 43 Inventoried Resource Flood Plain Relationship Conflicts Comments Relevant Ordinances Lakes and Reservoirs (Inventory — Ord. No. 92-052, Exhibit C, Page 10; includes Upper Tumalo Reservoir; remaining are on federal land No Conflicting uses with the open space and scenic values of the land adjacent to the inventoried lakes include development which would cause a loss of open space or a decrease in the aesthetic and scenic resources, and land management activities resulting in the removal of natural vegetation which provides wildlife habitat and scenic value. Conflicting uses around Tumalo Reservoir are specifically limited by Title 18.48, Open Space Conservation Zone and a 100' setback for any structure from OHW. Ordinance No. 91-020 State Scenic Waterways and Federal Wild and Scenic Rivers (Inventory — Ord. No. 92-052, Exhibit E, Page 1; Yes See County / City of Bend River Study and86-018, 1986 River Study Staff Report. Both referenced in Ord. 92- 005, Exhibit E. Program for resource protection includes: Floodplain zone and restrictions, fill and removal permits, wetland removal regulations, hydro prohibitions, rimrock setbacks, conservation easements, restrictions on boats and docks, and landscape management. Ordinance Nos. 86-053, 86-054, 86-056, 88-030, 88-031, 89-009, 92-033, 93-034 Wilderness Areas, Areas of Special Concern, Energy Sources (Ord. No 92-052), and Groundwater Resources (Ord. No. 94-003) not analyzed because they're on federal land or don't relate to flood plains. No N/A N/A N/A 247-22-000671-TA Page 41 of 43 Attachment 2 - Inventory Site Maps 247-22-000671-TA Page 42 of 43 Exception Area Taxlots Meeting ADU Criteria - Deer Migration Range 1' = 10,000' Legend Wildlife Area - Deer Migration Range Exception Area Taxlots Meeting Criteria Flood Plain Wetland November 4, 2022 ANN rfe eiAP N.\Custom\County\C DO\Planning \PeterG\Goal5Resources\2022 Exception Area Taxlots Meeting ADU Criteria - Deer Winter Range 1"= 6 mi. Wildlife Area - Deer Winter Range Exception Area Taxlots Meeting Criteria N:\Custom \County\COD \Planning \ PeterG \ Goal5Resources\ 2022 Exception Area Taxlots Meeting ADU Criteria - Elk Range Exception Area Taxlots Meeting Criteria Flood Plain Wetland N:\Custom\County\COD \ PIan ni ng\PeterG\Goal5ResourcesV2022 Attachment 3 - Proposed Text Amendments 247-22-000671-TA Page 43 of 43 CHAPTER 18.32 MULTIPLE USE AGRICULTURAL ZONE; MUA 18.32.020 Uses Permitted Outright 18.32.020 Uses Permitted Outright The following uses and their accessory uses are permitted outright: A. Agricultural uses as defined in DCC Title 18. B. A single family dwelling, or a manufactured home subject to DCC 18.116.070. C. Propagation or harvesting of a forest product. D. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards and criteria established by DCC 18.116.230. E. Class III road or street project. F. Noncommercial horse stables, excluding horse events. G. Horse events, including associated structures, involving: 1. Fewer than 10 riders; 2. Ten to 25 riders, no more than two times per month on nonconsecutive days; or 3 More than 25 riders, no more than two times per year on nonconsecutive days. Incidental musical programs are not included in this definition. Overnight stays by participants, trainers or spectators in RVs on the premises is not an incident of such horse events. H. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. I. Type 1 Home Occupation, subject to DCC 18.116.280. J. Historic Accessory Dwelling Units, subject to DCC 18.116.350. Residential Accessory Dwelling.Units, subject to DCC 18.116.355. HISTORY Adopted by Ord. PL-15 on 11/1/1979 Amended by Ord. 91-002 §6 on 2/6/1991 Amended by Ord. 91-005 §18 on 3/4/1991 Amended by Ord. 91-020 §1 on 5/29/1991 Amended by Ord. 91-038 §1 on 9/30/1991 1 Amended by Ord. Amended by Ord. Amended by Ord. Amended by Ord. Amended by Ord. Amended by Ord. Amended by Ord. Recorded by Ord. Amended by Ord. 93-001 §1 on 1/27/1993 93-043 §4 on 8/25/1993 94-008 §10 on 6/8/1994 2001-016 §2 on 3/28/2001 2001-039 §2 on 12/12/2001 2004-002 §3 on 4/28/2004 2019-009 §1 on 9/3/2019 2019-009 §1 on 9/3/2019 2023-00x §x on [date] CHAPTER 18.60 RURAL RESIDENTIAL ZONE; RR-10 18.60.020 Uses Permitted Outright 18.60.020 Uses Permitted Outright The following uses and their accessory uses are permitted outright. A. A single-family dwelling, or a manufactured home subject to DCC 18.116.070. B. Utility facilities necessary to serve the area including energy facilities, water supply and treatment and sewage disposal and treatment. C. Community center, if shown and approved on the original plan or plat of the development. D. Agricultural use as defined in DCC Title 18. E. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards and criteria established by DCC 18.116.230. F. Class Ili road or street project. G. Noncommercial horse stables as definedin DCC Title 18, excluding horse events. H. Horse events, including associated structures, involving: 1. Fewer than 10 riders; Ten to 25 riders, no more than two times per month on nonconsecutive days; or More than 25 riders, no more than two times per year on nonconsecutive days. Incidental musical programs are not included in this definition. Overnight stays by participants, trainers or spectators in RVs on the premises is not an incident of such horse events. I. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. J. Type 1 Home Occupation, subject to DCC 18.116.280. K. Historic Accessory Dwelling Units, subject to DCC 18.116.350. L. Residential Accessory Dwelling Units, subject to DCC 18.116.355. HISTORY Adopted by Ord. PL-15 on 11/1/1979 Amended by Ord. 91-005 §§30 & 31 on 3/4/1991 Amended by Ord. 91-020 §1 on 5/29/1991 Amended by Ord. Amended by Ord. Amended by Ord. Amended by Ord. Amended by Ord. Amended by Ord. Recorded by Ord. Amended by Ord. 93-043 §8 on 8/25/1993 94-008 §12 on 6/8/1994 2001-016 §2 on 3/28/2001 2001-039 §5 on 12/12/2001 2004-002 §7 on 4/28/2004 2019-009 §2 on 9/3/2019 2019-009 §2 on 9/3/2019 2023-O0x §x on [date) CHAPTER 18.116 SUPPLEMENTARY PROVISIONS 18.116.350 Historic Home Accessory Dwelling Units In The RR10 And MUA Zones 18.116.355 Residential Accessory Dwelling Units In The RR10 And MUA 10 Zones 18.116.350 Historic Home Accessory Dwelling Units In The RR10 And MUA Zones A. As used in this section: 1. "Historic Accessory dwelling unit ('ADU')" means a residential structure that is used in connection with or that is auxiliary to a single-family dwelling. For the purposes of this section, "auxiliary" means a use or structure incidental and subordinate to the main use of the property, and located on the same lot as the main use. 2. "Area zoned for rural residential use" means land that is not located inside an urban growth boundary as defined in ORS 195.060 and that is subject to an acknowledged exception to a statewide land use planning goal relating to farmland or forestland and planned and zoned by the county to allow residential use as a primary use. 3. "Historic home" means a single-family dwelling constructed between 1850 and 1945. 4. "New" means that the dwelling being constructed did not previously exist in residential or nonresidential form. "New" does not include the acquisition, alteration, renovation or remodeling of an existing structure. "Place a manufactured home" means the placement of a manufactured home that did not previously exist on the subject lot of record; it may include the placement of a manufactured home that was previously used as a dwelling on another lot and moved to the subject lot of record. 6. "Single-family dwelling" means a residential structure designed as a residence for one family and sharing no common wall with another residence of any type. B. An owner of a lot or parcel within an area zoned for rural residential use (RR10 and MUA zonesZones) may construct a new single-family dwelling or place a manufactured home on the lot or parcel, provided: 1. The lot or parcel is not located in an area designated as an urban reserve as defined in ORS 195.137; 2. The lot or parcel is at least two acres in size; 3. A historic home is sited on the lot or parcel; 4. The owner converts the historic home to an accessory dwelling unit upon completion of the new single-family dwelling or placement of a manufactured home; and 5. The accessory dwelling unit may be required to comply with all applicable laws and regulations relating to sanitation and wastewater disposal and treatment. C. The construction of an accessory dwelling unit under subsection (B) of this section is a land use action subject to DCC 22.20. D. An owner that constructs a new single-family dwelling or places a manufactured home under subsection (B) of this section may not: 1. Subdivide, partition or otherwise divide the lot or parcel so that the new single-family dwelling or manufactured home is situated on a different lot or parcel from the accessory dwelling unit. 2. Alter, renovate or remodel the accessory dwelling unit so that the square footage of the accessory dwelling unit is more than 120 percent of the historic home's square footage at the time construction of the new single-family dwelling commenced. 3. Rebuild the accessory dwelling unit if the structure is deemed a dangerous building due to fire or other natural disaster, pursuant to the Uniform Code for the Abatement of Dangerous Buildings, which defines "dangerous building" as "Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location." 4. Construct an additional accessory, dwelling unit on the same lot or parcel. E. A new single-familydwelling constructed or a manufactured home placed under this section may be required to be served by the same water supply source as the accessory dwelling unit. F. Owner occupancy of either the accessory dwelling unit or the new single-family dwelling is not required. However, the accessory dwelling unit and the new single-family dwelling placed under this section and the accessory dwelling unit may not be used simultaneously for short-term rentals of thirty (30) consecutive days or less. HISTORY Adopted by Ord. 2019-009 §3 on 9/3/2019 Recorded by Ord. 2019-009 §3 on 9/3/2019 Amended by Ord. 2023-00x §x on [date' 18.116.355 Residential Accessory Dwelling Units In The RR-10 And MUA Zones A. As used in this section: 1. "Accessory dwelling unit ('ADU')" means a residential structure that is used in connection with or that is auxiliary to a single-family dwelling. For the purposes of this section, "auxiliary" means a use or structure incidental and subordinate to the main use of the property, and located on the same lot as the main use. 2. "Rural residential use" means a lot or parcel located in the RR-10 or MUA-10 zones, consistent with the definition in ORS 215.501. 3. "Safe evacuation plan" means an identifiable route on a right(s)-of-way and any onsite driveways from the accessory dwelling unit to the staged evacuation area. 4. "Single-family dwelling" means a residential structure designed as a residence for one family and sharing no common wall with another residence of any type. 5. "Staged evacuation area" means a public or private location that occupants of the accessory dwelling unit may evacuate to reorganize. 6. "Useable floor area" means all areas of the accessory dwelling unit included within the surrounding insulated exterior walls, exclusive of garages, carports, decks and porch covers. "Vacation occupancy" means occupancy in a dwelling unit, not including transient occupancy in a hotel or motel, that has all of the following characteristics: a. The occupant rents the unit for vacation purposes only, not as a principal residence; and b. The occupant has a principal residence other than at the unit; and c. The period of authorized occupancy does not exceed 45 days. B. One accessory dwelling unit (ADU) is permitted outright on a lot or parcel zoned RR-10 or MUA- 10, provided: 1. One single-family dwelling is sited on the lot or parcel: a. As used in this section, "sited" means established onsite or applied for prior to issuance of any building or land use permits for an accessory dwelling unit. b Existing dwelling units meeting all other criteria in this section may be converted to an accessory dwelling unit during construction of a new primary single-family dwelling. 2. The lot or parcel is not located within the Redmond Urban Reserve Area, consistent with ORS 195.137. 3. No portion of the lot or parcel is within the Metolius Area of Critical State Concern, as defined in ORS 197.416. 4. The lot area is at least two acres in size, with the exception of those unsewered areas between Sunriver and the Klamath County border, defined as those unincorporated portions of Deschutes County contained in Townships 19S, 20S, 21S, and 22S and Ranges 9E, 10E and 11E. Within these exception areas, the lot area is at least five acres in size. 5. The accessory dwellin unit will have a minimum setback of 100 feet from ad'acent land zoned F-1, F-2, or EFU and meet any other minimum setback requirements of the underlying zone and combining zones. 6. The accessory dwelling unit will not include more than 900 square feet of useable floor area. 7. The accessory dwelling unit will be located no farther than 100 feet from the existing, single-family dwelling, measured from a wall of the existing single-family dwelling to the nearest part of the useable floor area of the accessory dwelling unit. 8. The accessory dwelling unit receives approval from a sewer authority or Deschutes County Environmental Soils for onsite wastewater disposal and treatment. 9. The lot or parcel is served by a fire protection service provider with professionals who have received training or certification described in ORS 181A.410. 10. The accessory dwelling unit provides for all of the following: a. Adequate access connecting an accessory dwelling unit with a fire protection service provider with professionals who have received training or certification described in ORS 181A.410. Adequate access is met by demonstrating compliance with section 10(a)i and 10(a)(ii), or section 10(a)(iii): i. A continuous, minimum 20-foot width right(s)-of-way with an unobstructed vertical clearance of not Tess than 13.5 feet. For the purposes of this section, rights) -of -way are defined as: 1. Public roads with maintenance responsibility accepted by a unit of local or state government or assigned to landowners or homeowners association by covenant or agreement; or 2. Private roads, as permitted by DCC Title 18, with maintenance responsibility assigned to landowners or homeowners associations by covenant or agreement pursuant to ORS 105; and ii. A continuous, minimum 20-foot width onsite driveway with an unobstructed vertical clearance of not less than 13.5 feet, designed and maintained as follows: 1. Composed of an all-weather surface including asphalt or concrete; or 2. Designed and maintained to support a minimum gross vehicle weight (GVW) of 75,000 Ibs as certified by a Professional Engineer, registered in Oregon; iii. Written confirmation from a fire protection service provider with professionals who have received training or certification described in ORS 181A.410, on a form prepared by Deschutes County, that access to the property meets minimum fire district requirements to provide emergency services to the property; b. A safe evacuation plan; and c. Written authorization from the property owner(s) of the staged evacuation area that the occupants of the accessory dwelling unit may evacuate to the staged evacuation area. 11. Wildfire Hazard Mitigation Building Code Standards: a. If the Statewide Wildfire Hazard Map described in ORS 477.490 has been approved, the following requirements shall apply: i. For areas designated as high wildfire hazard that are identified pursuant to ORS 477.490: 1. The Wildfire Hazard Mitigation building code standards as described in section R327 of the Oregon Residential Specialty Code. b. If the Statewide Wildfire Hazard Map described in ORS 477.490 has not been approved, the following requirements shall apply: i. The Wildfire Hazard Mitigation building code standards as described in section R327 of the Oregon Residential Specialty Code. 12. Wildfire Hazard Mitigation Defensible Space Standards: a. If the Statewide Wildfire Hazard Map described in ORS 477.490 has been approved, the following requirements shall apply: i. For all wildfire hazard designations in the wildland-urban interface that are identified pursuant to ORS 477.490: 1. The minimum defensible space rules established by the State Fire Marshal as described in ORS 476.392. b If the Statewide Wildfire Hazard Map described in ORS 477.490 has not been approved, then either the section 12(b)(i) or 12(b)(ii) requirements shall apply: i. The property owner(s) shall construct and maintain the following firebreaks on land surrounding the accessory dwelling unit on land that is owned or controlled by the owner: 1. Primary Firebreak. Prior to use, a primary firebreak, not less than 10 feet wide, shall be constructed containing nonflammable materials. This may include lawn, walkways, driveways, gravel borders or other similar materials; and 2. Secondary Firebreak. A secondary firebreak of not less than 20 feet wide shall be constructed outside the primary firebreak. This firebreak need not be bare ground, but can include a lawn, ornamental shrubbery or individual or groups of trees separated by a distance equal to the diameter of the crowns adjacent to each other, or 15 feet, whichever is greater. All trees shall be pruned to at least eight feet in height. Dead fuels shall be removed; and 3. Fuel Break. A fuel break shall be maintained, extending a minimum of 100 feet in all directions around the secondary firebreak. Individual and groups of trees within the fuel break shall be separated by a distance equal to the diameter of the crowns adjacent to each other, or 15 feet, whichever is greater. Small trees and brush growing underneath larger trees shall be removed to prevent spread of fire up into the crowns of the larger trees. All trees shall be pruned to at least eight feet in height. Dead fuels shall be removed. The fuel break shall be completed prior to the beginning of the coming fire season; and 4. No portion of a tree or any other vegetation shall extend to within 15 feet of the outlet of a stovepipe or chimney. ii. The accessory dwelling unit has defensible space and fuel break standards as developed in consultation with local fire protection service providers who have received training or certification described in ORS 181A.410. 13. The existing sin gle-family dwelling property on the lot or parcel is not subject to an order declarin 105.600. action under ORS 105.550 to 14. A lot or parcel with an accessory dwelling unit approved under this section is ineligible for: a. A subdivision, partition, other division of the lot or parcel, or a property line adjustment where the result of such application would be to situate the existing single-family dwelling on a different lot or parcel than the accessory dwelling unit; and b Placement or construction of any additional accessory dwelling unit or any other permanent or temporary structure or dwelling unit designed or used for residential purposes, including medical hardship dwellings. 15. If the accessory dwelling unit is served by a well, the construction of the accessory dwelling unit shall maintain all setbacks from the well required by the Water Resources Commission or Water Resources Department. 16. A letter confirming that the supplier of water is "Willing and Able to Serve the accessory dwelling unit shall be provided if the accessory dwelling unit is to be served by any water source other than an onsite domestic well. 17. An existin• single-family dwelling and an accessory dwelling unit allowed under this section are considered a single unit for the purposes of calculating ground water right exemptions under ORS 537.545(1). 18. If the water supply source for the accessory dwelling unit or associated lands or gardens will be a well using water under ORS 537.545 (1)(b) or (d), no portion of the lot or parcel is within an area in which new or existing ground water uses under ORS 537.545 (1)(b) or (d) have been restricted by the Water Resources Commission. 19. The applicant shall sign and record with the County Clerk, prior to the issuance of a building permit a restrictive covenant stating an accessory dwelling unit allowed under this section cannot be used for vacation occupancy, as defined in DCC 18.116.355(A)(71 and consistent with ORS 90.100. HISTORY Adopted by Ord. 2023-OOx §x on [date/ CHAPTER 18.132 VARIANCES 18.132.010 Variance Application 18.132.020 Authority Of Hearings Body 18.132.025 Minor Variances 18.132.030 Hearings Body Action On Variance 18.132.040 Variance Procedure 18.132.010 Variance Application The Planning Director or Hearings Body may authorize area or use variance from the requirements of DCC Title 18. Application for a variance shall be made by petition stating fully the grounds of the application and the facts relied upon by the petitioner. HISTORY Adopted by Ord. PL-15 on 11/1/1979 Repealed & Reenacted by Ord. 91-020 §1 on 5/29/1991 18.132.020 Authority Of Hearings Body A variance may be granted unqualifiedly or may be granted subject to prescribed conditions, provided that the Planning Director or Hearings Body shall make all of the following findings: A. Area variance. 1. That the literal application of the ordinance would create practical difficulties resulting in greater private expense than public benefit. 2. That the condition creating the difficulty is not general throughout the surrounding area but is unique to the applicant's site. That the condition was not created by the applicant. A self-created difficulty will be found if the applicant knew or should have known of the restriction at the time the site was purchased. That the variance conforms to the Comprehensive Plan and the intent of the ordinance being varied. B. Use variance. 1. That the literal application of the ordinance would result in unnecessary hardship to the applicant. An unnecessary hardship will be found when the site cannot be put to any beneficial use under the terms of the applicable ordinance. 2. Each of the findings listed in DCC 18.132.020(A)(1), (2) and (4). C. Statutory Provisions. 1. Notwithstanding the provisions of this section, a variance may not be granted which amends any standards mandated by the Oregon Revised Statues (ORS) or Oregon Administrative Rules (OAR). HISTORY Adopted by Ord. PL-15 on 11/1/1979 Repealed & Reenacted by Ord. 91-020 §1 on 5/29/1991 Amended by Ord. 93-043 §24 on 8/25/1993 Amended by Ord. 2023-00x §x on (date] 18.132.025 Minor Variances A variance seeking to depart from on -site requirements of DCC Title 18, such as setbacks and area requirements, by no greater than 10 percent of the required distance or area may be granted by the Planning Director or Hearings Body in conformance with DCC 18.132.025. A. In the case of a setback or size variance, the applicant shall show that the approval will result in: 1. More efficient use of the site; 2. Preservation of natural features where appropriate; 3. Adequate provision of light and privacy to adjoining properties; and 4. Preservation of topographic, vegetative and drainage features which would be adversely affected by application of the standards otherwise required by DCC Title 18. B. A parcel that is smaller than the minimum lot size at the time of application may not be reduced by more than 10 percent from its current size without a variance. C. Notwithstanding B, above, a property may be reduced by more than 10 percent of its current size without a variance if : 1. The property is located outside of a Farm (EFU) or Forest (F) zone; The long-standing occupation area is different than the legal description in the deed for the subject property; The purpose of the property line adjustment is to correct the deed description to match the long-standing occupation lines of the properties; and 4. The discrepancy between the deed lines and the occupation lines is documented by submittal of a narrative and maps prepared by an Oregon Licensed Professional Surveyor. 5. As used in this sub -section, "long-standing" means in excess of ten (10) years. D. Statutory Provisions. 1. Notwithstanding the provisions of this section, a variance may not be granted which amends any standards mandated by the Oregon Revised Statues (ORS) or Oregon Administrative Rules (OAR). HISTORY Adopted by Ord. 91-038 §3 on 9/30/1991 Amended by Ord. 2004-013 §15 on 9/21/2004 Amended by Ord. 2010-003 §1 on 7/6/2010 Amended by Ord. 2023-00x §x on [datel 18.132.030 Hearings Body Action On Variance In granting or denying a variance, the Planning Director or Hearings Body shall make a written record of his findings and the facts in connection therewith, and shall describe the variance granted and the conditions designated. The Planning Department shall keep the findings on file, and a copy of the variance granted and the condition thereof shall be recorded with the County Clerk. HISTORY Adopted by Ord. PL-15 on 11/1/1979 Repealed & Reenacted by Ord. 91-020 §1 on 5/29/1991 18.132.040 Variance Procedure The variance application shall be processed according to the terms of DCC Title 22, the Uniform Development Procedures Ordinance. HISTORY Adopted by Ord. PL-15 on 11/1/1979 Repealed & Reenacted by Ord. 91-020 §1 on 5/29/1991 CHAPTER 19.12 URBAN AREA RESERVE ZONE UAR-10 19.12.020 Permitted Uses * * 19.12.020 Permitted Uses The following uses are permitted: A. Farm uses as defined in DCC Title 19. B. Single-family dwelling. C. Home occupation subject to DCC 19.88.140. D. Other accessory uses and accessory buildings and structures customarily appurtenant to a permitted use subject to DCC 19.92.020. E. Day care center facilities subject to site review, DCC 19.76 and DCC 19.88.160. F. Farm stands subject to DCC 19.76 and DCC 19.88.290. G. Historic Accessory Dwelling Units, subject to DCC 19.92.150. H. Residential Accessory Dwelling Units, subject to DCC 19.92.160 HISTORY Adopted by Ord. PL-11 on 7/11/1979 Amended by Ord. 88-042 §4 on 12/19/1988 Repealed & Reenacted by Ord. 90-038 §1,2 on 10/3/1990 Amended by Ord. 91-001 §2 on 1/28/1991 Amended by Ord. 2008-014 §3 on 3/31/2008 Repealed & Reenacted by Ord. 2009-002 §1,2 on 2/11/2009 Amended by Ord. 2019-009 §4 on 9/3/2019 Recorded by Ord. 2019-009 §4 on 9/3/2019 Amended by Ord. 2023-00x §x on jdatel CHAPTER 19.20 SUBURBAN LOW DENSITY RESIDENTIAL ZONE; SR 2 1/2 19.20.020 Permitted Uses 19.20.020 Permitted Uses The following uses are permitted: A. Single-family dwelling. B. Agriculture, excluding the keeping of livestock. C. Home occupations subject to DCC 19.88.140. D. Other accessory uses and accessory buildings and structures customarily appurtenant to a permitted use subject to DCC 19.92.020. E. Historic Accessory Dwelling Units, subject to DCC 19.92.150. F_Child care facility and/or preschool. G. Residential Accessory Dwelling Units, subject to DCC 19.92.160. HISTORY Adopted by Ord. PL-11 on 7/11/1979 Amended by Ord. 88-042:§6 on 12/19/1988 Repealed & Reenacted by Ord. 90-038 §1,2 on 10/3/1990 Amended by Ord. 91-001 §4 on 1/28/1991 Amended by Ord. 93-018 §3 on 5/19/1993 Repealed & Reenacted by Ord. 2009-002 §1,2 on 2/11/2009 Amended by Ord. 2019-009 §5 on 9/3/2019 Recorded by Ord. 2019-009 §5 on 9/3/2019 Amended by Ord. 2020-001 §20 on 4/21/2020 Amended by Ord. 2020-010 §9.on 7/3/2020 Amended by Ord. 2023-00x §x on [date/ CHAPTER 19.22 WESTSIDE TRANSECT ZONE; WTZ 19.22.020 Permitted Uses 19.22.020 Permitted Uses The following uses and their accessory uses are permitted outright: A. Single-family dwelling. B. Home occupation subject to DCC 19.88.140. C. Other accessory uses and accessory buildings and structures customarily appurtenant to a permitted use subject to DCC 19.92.020. D. Residential Accessory Dwelling Units, subject to DCC 19.92.160. HISTORY Adopted by Ord. 2019-001 §8 on 4/16/2019 Amended by Ord. 2023-00x §x on [date/ CHAPTER 19.92 INTERPRETATIONS AND EXCEPTIONS 19.92.150 Accessory Dwelling Units In UAR-10 And SR-2 1/2 Zones 19.92.160 Residential Accessory Dwelling Units In UAR-10, SR-2%, And WTZ Zones 19.92.150 Historic Accessory Dwelling Units In UAR-10 And SR-2 1/2 Zones A. As used in this section: 1. "Historic Accessory dwelling unit ('ADU')" means a residential structure that is used in connection with or that is auxiliary to a single-family dwelling. For the purposes of this section, "auxiliary" means a use or structure incidental and subordinate to the main use of the property, and located on the same lot as the main use. 2. "Area zoned for rural residential use" means land that is not located inside an urban growth boundary as defined in ORS 195.060 and that is subject to an acknowledged exception to a statewide land use planning goal relating to farmland or forestland and planned and zoned by the county to allow residential use as a primary use. 3. "Historic home" means a single-family dwelling constructed between 1850 and 1945. 4. "New" means that the dwelling being constructed did not previously exist in residential or nonresidential form. "New" does not include the acquisition, alteration, renovation or remodeling of an existing structure.' 5 "Single-family dwelling" means a residential structure designed as a residence for one family and sharing no common wall with another residence of any type. B. An owner of a lot or parcel within an area zoned for rural residential use (UAR-10 and SR-2 1/2 zonc:,Zones) may construct a new single-family dwelling on the lot or parcel, provided: 1. The lot or parcel is not located in an area designated as an urban reserve as defined in ORS 195.137; 2. The lot or parcel is at least two acres in size; 3. A historic home is sited on the lot or parcel; 4. The owner converts the historic home to an accessory dwelling unit upon completion of the new single-family dwelling; and 5. The accessory dwelling unit may be required to comply with all applicable laws and regulations relating to sanitation and wastewater disposal and treatment. C. The construction of an accessory dwelling unit under subsection (B) of this section is a land use action subject to DCC 22.20. D. An owner that constructs a new single-family dwelling under subsection (B) of this section may not: 1. Subdivide, partition or otherwise divide the lot or parcel so that the new single-family dwelling is situated on a different lot or parcel from the accessory dwelling unit. 2. Alter, renovate or remodel the accessory dwelling unit so that the square footage of the accessory dwelling unit is more than 120 percent of the historic home's square footage at the time construction of the new single-family dwelling commenced. 3. Rebuild the accessory dwelling unit if the structure is deemed a dangerous building due to fire or other natural disaster, pursuant to the Uniform Code for the Abatement of Dangerous Buildings, which defines "dangerous building" as "Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is Tess than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location." 4. Construct an additional accessory dwelling unit on the same lot or parcel. E. A new single-family dwelling constructed under this section may be required to be served by the same water supply source as the accessory dwelling unit. F. Owner occupancy of either the accessory dwelling unit or the new single-family dwelling is not required. However, the new single-family dwelling and the accessory dwelling unit may not be used simultaneously for short-term rentals of thirty (30) consecutive days or less. HISTORY Adopted by Ord. 2019-009 §6 on 9/3/2019 Recorded by Ord. 2019-009 §6 on 9/3/2019 Amended by Ord. 2023-00x §x on (dates 19.92.160 Residential Accessory Dwelling Units In UAR-10, SR-2 %2, And WTZ Zones A. As used in this section: 1. "Accessory dwelling unit ('ADU')" means a residential structure that is used in connection with or that is auxiliary to a single-family dwelling. For the purposes of this section, "auxiliary" means a use or structure incidental and subordinate to the main use of the property, and located on the same lot as the main use. 2. "Rural residential use" means a lot or parcel located in the UAR-10, SR 2 1/2, or WTZ zones, consistent with the definition in ORS 215.501. 3. "Safe evacuation plan" means an identifiable route on a right(s)-of-way and any onsite driveways from the accessory dwelling unit to the staged evacuation area. 4. "Single-family dwelling" means a residential structure designed as a residence for one family and sharing no common wall with another residence of any type. 5. "Staged evacuation area" means a public or private location that occupants of the accessory dwelling unit may evacuate to reorganize. 6. "Useable floor area" means all areas of the accessory dwelling unit included within the surrounding insulated exterior walls, exclusive of garages, carports, decks and porch covers. 7. "Vacation occupancy" means occupancy in a dwelling unit, not including transient occupancy in a hotel or motel, that has all of the following characteristics: a. The occupant rents the unit for vacation purposes only, not as a principal residence; and b. The occupant has a principal residence other than at the unit; and c. The period of authorized occupancy does not exceed 45 days. B. One accessory dwelling unit (ADU) is permitted outright on a lot or parcel zoned UAR-10, SR- 2 % or WTZ provided: 1. One single-family dwelling is sited on the lot or parcel: a. As used in this section, "sited" means established onsite or applied for prior to issuance of any building or land use permits for an accessory dwelling unit. b. Existing dwelling units meeting all other criteria in this section may be converted to an accessory dwelling unit during construction of a new primary single-family dwelling. 2. The lot area or parcel area is at least two acres in size. 3. The accessory dwelling unit will have a minimum setback of 100 feet from adjacent land zoned F-1, F-2, or EFU and meet any other minimum setback requirements of the underlying zone and combining zones. 4. ° The accessory dwelling unit will not include more than 900 square feet of useable floor area. 5. The accessory dwelling unit will be located no farther than 100 feet from the existing single-family dwelling, measured from a wall of the existing single-family dwelling to the nearest part of the useable floor area of the accessory dwelling unit. 6. The accessory dwelling unit receives approval from a sewer authority or Deschutes County Environmental Soils for onsite wastewater disposal and treatment. 7. The lot or parcel is served by a fire protection service provider with professionals who have received training or certification described in ORS 181A.410. 8. The accessory dwelling unit provides for all of the following: a. Adequate access connecting an accessory dwelling unit with a fire protection service provider with professionals who have received training or certification described in ORS 181A.410. Adequate access is met by demonstrating compliance with section 8(a)i and 8(a)(ii), or section 8(a)(iii): i. A continuous, minimum 20-foot width right(s)-of-way with an unobstructed vertical clearance of not less than 13.5 feet. For the purposes of this section, right(s)-of-way are defined as: 1. Public roads with maintenance responsibility accepted by a unit of local or state government or assigned to landowners or homeowners association by covenant or agreement; or 2. Private roads, as permitted by DCC Title 18, with maintenance responsibility assigned to landowners or homeowners associations by covenant or agreement pursuant to ORS 105; and ii. A continuous, minimum 20-foot width onsite driveway with an unobstructed vertical clearance of not Tess than 13.5 feet, designed and maintained as follows: 1. Composed of an all-weather surface including asphalt or concrete; or 2. Designed and maintained to support a minimum gross vehicle weight (GVW) of 75,000 Ibs as certified by a Professional Engineer, registered in Oregon; iii. Written confirmation from a fire protection service provider with professionals who have received training or certification described in ORS 181A.410, on a form prepared by Deschutes County, that access to the property meets minimum fire district requirements to provide emergency services to the property; b. A safe evacuation plan; and c. Written authorization from the property owner(s) of the staged evacuation area that the occupants of the accessory dwelling unit may evacuate to the staged evacuation area. 9 Wildfire Hazard Mitigation Building Code Standards: a If the Statewide Wildfire Hazard Map described in ORS 477.490 has been approved, the following requirements shall apply: i. For areas designated as high wildfire hazard that are identified pursuant to ORS 477.490: 1. The Wildfire Hazard Mitigation building code standards as described in section R327 of the Oregon Residential Specialty Code. b. If the Statewide Wildfire Hazard Map described in ORS 477.490 has not been approved, the following requirements shall apply: i. The Wildfire Hazard Mitigation building code standards as described in section R327 of the Oregon Residential Specialty Code. 10. Wildfire Hazard Mitigation Defensible Space Standards: a. If the Statewide Wildfire Hazard Map described in ORS 477.490 has been approved, the following requirements shall apply: i. For all wildfire hazard designations in the wildland-urban interface that are identified pursuant to ORS 477.490: 1. The minimum defensible space rules established by the State Fire Marshal as described in ORS 476.392. b. If the Statewide Wildfire Hazard Map described in ORS 477.490 has not been approved, then either the section 10(b)(i) or 10(b)(ii) requirements shall apply: i. The property owner(s) shall construct and maintain the following firebreaks on land surrounding the accessory dwelling unit on land that is owned or controlled by the owner: 1. Primary Firebreak. Prior to use, a primary firebreak, not Tess than 10 feet wide, shall be constructed containing nonflammable materials. This may include lawn, walkways, driveways, gravel borders or other similar materials; and 2. Secondary Firebreak. A secondary firebreak of not less than 20 feet wide shall be constructed outside the primary firebreak. This firebreak need not be bare ground, but can include a lawn, ornamental shrubbery or individual or groups of trees separated by a distance equal to the diameter of the crowns adjacent to each other, or 15 feet, whichever is greater. All trees shall be pruned to at least eight feet in height. Dead fuels shall be removed; and 3. Fuel Break. A fuel break shall be maintained, extending a minimum of 100 feet in all directions around the secondary firebreak. Individual and groups of trees within the fuel break shall be separated by a distance equal to the diameter of the crowns adjacent to each other, or 15 feet, whichever is greater. Small trees and brush growing underneath larger trees shall be removed to prevent spread of fire up into the crowns of the larger trees. All trees shall be pruned to at least eight feet in height. Dead fuels shall be removed. The fuel break shall be completed prior to the beginning of the coming fire season; and 4. No portion of a tree or any other vegetation shall extend to within 15 feet of the outlet of a stovepipe or chimney. ii. The accessory dwelling unit has defensible space and fuel break standards as developed in consultation with local fire protection service providers who have received training or certification described in ORS 181A.410. 11. The existing single-family dwelling property on the lot or parcel is not subject to an order declaring it a nuisance or subject to any pending action under ORS 105.550 to 105.600. 12. A lot or parcel with an accessory dwelling unit approved under this section is ineligible for: a. A subdivision, partition, other division of the lot or parcel, or a property line adjustment where the result of such application would be to situate the existing single-family dwelling on a different lot or parcel than the accessory dwelling unit; and b. Placement or construction of any additional accessory dwelling unit or any other permanent or temporary structure or dwelling unit designed or used for residential purposes, including medical hardship dwellings. 13. If the accessory dwelling unit is served by a well, the construction of the accessory dwelling unit shall maintain all setbacks from the well required by the Water Resources Commission or Water Resources Department. 14. A letter confirming that the supplier of water is "Willing and Able to Serve" the accessory dwelling unit shall be provided if the accessory dwelling unit is to be served by any water source other than an onsite domestic well. 15. An existing single-family dwelling and an accessory dwelling unit allowed under this section are considered a single unit for the purposes of calculating ground water right exemptions under ORS 537.545(1). 16. If the water supply source for the accessory dwelling unit or associated lands or gardens will be a well using water under ORS 537.545 (1)(b) or (d), no portion of the lot or parcel is within an area in which new or existing ground water uses under ORS 537.545 (1)(b) or (d) have been restricted by the Water Resources Commission. 17. The applicant sha!l sign and record with the County Clerk, prior to the issuance of a building permit, a restrictive covenant stating an accessory dwelling unit allowed under this section cannot be used for vacation occupancy, as defined in DCC 19.92.160(A)(7) and consistent with ORS 90.100. HISTORY Adopted by Ord. 2023-OOx §x on [date/ CHAPTER 19.108 VARIANCES 19.108.010 Authorization To Grant Or Deny Variances 19.108.020 Criteria 19.108.030 Authorization To Grant Or Deny Variances To On -Site Requirements 19.108.040 Criteria For Variances Granted Under DCC 19.108.030 19.108.050 Application For A Variance 19.108.010 Authorization To Grant Or Deny Variances Except as provided in DCC 19.108.030, the Planning Director or Hearings Body may authorize variances from the standards of DCC Title 19 where it can be shown that, owing to special and unusual circumstances related to a specific piece of property, the literal interpretation of DCC Title 19 would cause an undue or unnecessary hardship; except that no variance shall be granted to allow the use of the property for purposes not authorized within the pertinent zone or to alter any procedural requirements of DCC Title 19. In granting a variance, the Planning Director or Hearings Body may attach conditions necessary to protect the best interest of the surrounding property or neighborhood and to otherwise achieve the purposes of DCC Title 19. HISTORY Adopted by Ord. PL-11 on 7/11/1979 Repealed & Reenacted by Ord. 90-038 §1 on 10/3/1990 19.108.020 Criteria No variance shall be granted pursuant to the provisions of DCC 19.108.010 unless the applicant can establish: A. That special conditions exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, buildings or structures in the same zone; and B That strict interpretation of the provisions of DCC Title 19 would deprive the applicant of rights commonly enjoyed by other properties in the same zone under the terms of DCC Title 19; and C. That the special conditions and circumstances do not result from the actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience; and D. That granting the variance will be in harmony with the objectives of DCC Title 19 and not injurious to the neighborhood or otherwise detrimental to the public welfare. D E. Notwithstanding the provisions of this section, a variance may not be granted which amends any standards mandated by the Oregon Revised Statues (ORS) or Oregon Administrative Rules (OAR). HISTORY Adopted by Ord. PL-11 on 7/11/1979 Repealed & Reenacted by Ord. 90-038 §1 on 10/3/1990 Amended by Ord. 2023-00x §x on [date! 19.108.030 Authorization To Grant Or Deny Variances To On -Site Requirements The Planning Director or Hearings Body may authorize a variance from the standards of DCC Title 19 relating to on -site requirements (e.g. yards, parking, etc.), provided that no variance under DCC 19.108.030 shall be greater than 25% of the setback, parking or other similar area requirement from which the variance is sought. HISTORY Adopted by Ord. PL-11 on 7/11/1979 Repealed & Reenacted by Ord. 90-038 §1 on 10/3/1990 19.108.040 Criteria For Variances Granted Under DCC 19.108.030 In the case of a yard variance, the applicant shall show the approval will result in: A. More efficient use of the site; and B. Preservation of natural features, where appropriate; and C. Adequate provision of light and privacy to adjoining properties; and D. Preservation of natural features of the site (topography, vegetation and drainage) which would be adversely affected by application of required parking standards, where appropriate. HISTORY Adopted by Ord. PL-11 on 7/11/1979 Repealed & Reenacted by Ord. 90-038 §1 on 10/3/1990 19.108.050 Application For A Variance A property owner or his agent, authorized in writing, may initiate a request for a variance by filing an application with the Planning Director. The application shall be accompanied by a plan, drawn to a suitable scale, showing the condition to be varied and the dimensions and arrangements of the proposed development. The application shall be reviewed in the manner provided for in the County's land use procedures ordinance. HISTORY Adopted by Ord. PL-11 on 7/11/1979 Amended by Ord. 88-042 §42 on 12/19/1988 Repealed & Reenacted by Ord. 90-038 §1,2 on 10/3/1990 Amended by Ord. 95-050 §9 on 6/28/1995 CHAPTER 22.04 INTRODUCTION AND DEFINITIONS 22.04.040 Verifying Lots of Record 22.04.040 Verifying Lots of Record A. Purpose; scope. Concurrent with or prior to the issuance of certain permits, a lot or parcel shall be verified pursuant to this section to reasonably ensure compliance with the zoning and land division laws in effect on the date the lot or parcel was created. Not all permits require verification. If required, verifying that the lot or parcel was lawfully created is a threshold issue that should be addressed before the permit may be issued, but does not supersede or nullify other permit requirements. This section 22.04.040 provides an applicant the option to concurrently verify a lot or parcel as part of applying for a permit that requires verification, or preliminarily apply for a declaratory ruling to thereby determine the scope of available permits. B. Permits Requiring Verification. 1. Unless an exception applies pursuant to subsection (B)(2) below, verifying a lot or parcel pursuant to subsection (C) shall be required prior to the issuance of the following permits: a. Any land use permit for a unit of land in the Exclusive Farm Use Zones (DCC Chapter 18.16), Forest Use Zone - F1 (DCC Chapter 18.36), or Forest Use Zone — F2 (DCC Chapter 18.40); b. Any permit for a lot or parcel that includes wetlands as shown on the Statewide Wetlands Inventory; Any permit for a lot or parcel subject to wildlife habitat special assessment; d. In all zones, a land use permit relocating property lines that reduces in size a lot or parcel; e_In all zones, a land use, structural, or non -emergency on -site sewage disposal system permit if the lot or parcel is smaller than the minimum area required in the applicable zone; f. In all zones, a permit for a Historic Accessory Dwelling Unit as defined in DCC 18.116.350 or 19.92.150; e:g. In all zones, a permit for an Accessory Dwelling Unit as defined in DCC 18.116.355 or 19.92.160. C. Verified Lots of Record. Permits that require verification shall only be issued to lots or parcels that meet the "lot of record" definition in 18.04.030. D. Findings; Declaratory Ruling. If an applicant is applying for a land use permit listed in subsection (B)(1), the County shall include a finding verifying that the lot or parcel meets the "lot of record" definition in 18.04.030, a finding noting that the lot or parcel does not meet the "lot of record" 1 definition in 18.04.030, or a finding noting that verification was not required because the lot or parcel qualified for an exception pursuant to subsection (B)(2). If an applicant is applying for a permit listed in subsection (B)(1) that does not require public notice, or prior to applying for any permit, an applicant may request a declaratory ruling pursuant to DCC Chapter 22.40. lithe lot or parcel meets the "lot of record" definition in 18.04.030, the County shall issue the declaratory ruling determining that the lot or parcel qualifies for all permits listed in subsection (B)(1). If the lot or parcel does not meet the "lot of record" definition in 18.04.030, the County shall not issue the declaratory ruling and instead shall provide the applicant information on permit options that do not require verification and information on verification exceptions that may apply pursuant to subsections (B)(2). HISTORY Adopted by Ord. 2017-015 §3 on 11/1/1979 Amended by Ord. 2023-00x §x on [date] COMMUNITY DEVELOPMENT MEMORANDUM TO: Deschutes County Planning Commission FROM: Kyle Collins, Associate Planner Will Groves, Planning Manager DATE: July 19, 2023 SUBJECT: Rural Accessory Dwelling Unit (ADU) Legislative Amendments - Planning Commission Recommendations, Public Comments, and Agency Comments The Board of County Commissioners (Board) will conduct a public hearing on July 26, 2023 concerning local provisions for rural ADUs as identified in Senate Bill (SB) 3911 (file no. 247-22-000671-TA). Staff submitted an initial 35-day Post -Acknowledgement Plan Amendment (PAPA) notice to the Department of Land Conservation and Development (DLCD) on August 17, 2022. A public hearing was held with the Deschutes County Planning Commission (Commission) on September 22, 20222. The Commission held deliberations on October 27, 20223 and the recommendations from that meeting are discussed within provided attachments. Since the Commission's initial public hearing on this proposal, legislation was passed by the Oregon Legislature which requires several changes to the original proposed amendments to maintain compliance with state standards. Specifically, SB 644 was recently passed which provides direction to local jurisdictions looking to adopt rural ADU standards prior to formal release of the Statewide Wildfire Hazard Map required by SB 762. Additionally, SB 80 was passed which alters the original standards and terminology used within the forthcoming Statewide Wildfire Hazard Map. Further details regarding SB 644 and SB 80 are discussed in following sections. Given the passage of SB 644 and SB 80, along with the necessary amendment changes required by the bills, staff conducted a work session with the Board on June 5, 2023 to understand preferred steps on the ADU proposal moving forward. During that work session, the Board directed staff to reinitiate PAPA notice proceedings with DLCD to capture the newest version of the amendments and provide the Commission with an opportunity to review the revised amendments. Per Board direction, staff 1 https://olis.oregonlegislature.gov/liz/2021R1/Downloads/MeasureDocument/SB0391/A-Engrossed 2 See Deschutes County Planning Commission September 22, 2022 Agenda for more information: https://www.deschutes.org/bc-pc/page/planning-commission-17 3 See Deschutes County Planning Commission October 27, 2022 Agenda for more information: https://www.deschutes.org/bc-pc/page/planning-commission-21 submitted a revised 35-day PAPA notice to DLCD on June 7, 2023 and held a new work session with the Commission on July 13, 2023. I. FIRST PLANNING COMMISSION RECOMMEDATIONS As noted above, a public hearing was held with the Commission on September 22, 2022. The Commission held deliberations on October 27, 2022 and made recommendations concerning the proposed amendments. Many of these recommendations correspond with staff's initial draft amendments while others would require new language and modifications to the proposed amendments: • Recommendation #1 (approved 4 to 2): The Commission recommended adoption of the proposed amendments, with changes to the initial proposal as discussed herein. • Recommendation #2 (approved 5 to 1): "Useable floor area" is undefined within SB 391 and the administering statutes. The Commission recommends "Useable Floor Area" be defined as "the area of the accessory dwelling unit included within the surrounding exterior walls, including garages and other accessory components." To clarify, the 900 square -foot size limitation for rural ADUs would apply to the entire ADU structure, including garages and accessory components. • Recommendation #3: A unit must be located no farther than 100 feet from the existing single family dwelling, measured from a wall of the single-family dwelling to the nearest part of the "useable floor area" of the accessory dwelling unit. This recommendation was unchanged by the Commission from staff's initial proposal and thus no approval vote was taken. • Recommendation #4: Due to vulnerable groundwater characteristics in southern Deschutes County, the Commission recommends the minimum lot or parcel size for rural ADUs to be at least five (5) acres in size. The boundaries of this recommendation were defined by the upper Deschutes watershed area studied during the La Pine Demonstration Project, US Geological Survey report 2007-5237, USGS Fact Sheet 2007-3103. This recommendation was unchanged by the Commission from staff's initial proposal and thus no approval vote was taken. • Recommendation #5 (approved 5 to 1): The Commission recommends prohibiting rural ADU development in designated Goal 5 resource areas (i.e. - Wildlife Area Combining Zone, Greater Sage -Grouse Area Combining Zone, and the Sensitive Bird and Mammal Habitat Combining Zone). • Recommendation #6 (approved 6 to 0): Pursuant to SB 762, the Commission recommends delaying the adoption of any local rural ADU legislation until such time as the final Statewide Map of Wildfire Risk (Statewide Wildfire Hazard Map) has been released by the Oregon Department of Forestry (ODF). o This recommendation was made prior to adoption of SB 644 and the corresponding impacts on SB 391 and the Statewide Map of Wildfire Risk (Statewide Wildfire Hazard Map). Page 2 of 8 o SB 644 effectively decouples the Statewide Map of Wildfire Risk (Statewide Wildfire Hazard Map) from the adoption of any local rules allowing rural ADUs. During any interim period where a local jurisdiction has adopted rules allowing ADUs and prior to the release of the final risk map, any constructed ADUs will be subject to the home hardening building codes as described in section R327 of the 2021 Oregon Residential Specialty Code. • Recommendation #7 (approved 6 to 0): The Commission recommends prohibiting rural ADU development the Westside Transect Zone (WTZ) Zone. • Recommendation #8 (approved 6 to 0): The Commission recommends prohibiting both the existing single-family dwelling and the ADU for vacation occupancy use, as defined in DCC 18.116.370(A)(8) and consistent with ORS 90.100. Outside of the explicit recommendations above, the Commission engaged in numerous discussion points relevant to the proposed amendments. A number of Commissioners expressed concern that the rural ADU amendments were being presented prior to completion of other ongoing long range planning initiatives which may have significant bearing on the proposal. Specifically, some Commissioners highlighted the importance of the ongoing state wildfire mitigation efforts and SB 762, the ongoing Deschutes County Comprehensive Plan update (Deschutes 2040), and the ongoing Goal 5 habitat inventory update for mule deer (Wildlife Inventory Update)4. Of these items, only the SB 762 mapping and wildfire mitigation efforts received a majority vote recommending delay of the proposed amendments. Should the Board elect to follow the Commission's recommendation to delay adoption of the proposed amendments until release of the final Statewide Map of Wildfire Risk (Statewide Wildfire Hazard Map) by ODF, it is unclear when these maps will be formally released and may delay adoption and implementation of any local ADU standards. II. SECOND PLANNING COMMISSION RECOMMEDATIONS As noted above, a second work session was held with the Commission on July 13, 2023. The Commission made recommendations concerning the proposed amendments during the same meeting. This work session was held before a different Commission composition, as two previous Commissioners ended their terms prior to July 2023. Many of these recommendations correspond with staff's initial draft amendments while others would require new language and modifications to the proposed amendments: • Recommendation #1 (approved 5 to 0): The Commission recommended adoption of the proposed amendments, with changes to the initial proposal as discussed herein. • Recommendation #2: "Useable floor area" is undefined within SB 391 and the administering statutes. For the purposes of Deschutes County Code, "Useable Floor Area" currently means "the area of the accessory dwelling unit included within the surrounding insulated exterior 4 As of June 26, 2023, the Board elected to withdraw the proposed Goal 5 habitat inventory update for mule deer. Page 3 of 8 walls, exclusive of garages, carports, decks and porch covers." This recommendation was unchanged by the Commission from staff's initial proposal and thus no approval vote was taken. • Recommendation #3: A unit must be located no farther than 100 feet from the existing single family dwelling, measured from a wall of the single-family dwelling to the nearest part of the "useable floor area" of the accessory dwelling unit. This recommendation was unchanged by the Commission from staff's initial proposal and thus no approval vote was taken. • Recommendation #4: Due to vulnerable groundwater characteristics in southern Deschutes County, the Commission recommends the minimum lot or parcel size for rural ADUs to be at least five (5) acres in size. The boundaries of this recommendation were defined by the upper Deschutes watershed area studied during the La Pine Demonstration Project, US Geological Survey report 2007-5237, USGS Fact Sheet 2007-3103. This recommendation was unchanged by the Commission from staff's initial proposal and thus no approval vote was taken. • Recommendation #5 (approved 3 to 2): The Commission recommends prohibiting rural ADU development in designated Goal 5 resource areas (i.e. - Wildlife Area Combining Zone, Greater Sage -Grouse Area Combining Zone, and the Sensitive Bird and Mammal Habitat Combining Zone). • Recommendation #6 (approved 3 to 2): The Commission recommends prohibiting rural ADU development in the Westside Transect Zone (WTZ) Zone. • Recommendation #8 (approved 4 to 0, 1 abstain): The Commission recommends prohibiting both the existing single-family dwelling and the ADU for vacation occupancy use, as defined in DCC 18.116.370(A)(8) and consistent with ORS 90.100. Ultimately, all the previous recommendations from the Commission were maintained, with the exception of the previously proposed "useable floor area" definition. During the second round of deliberations, the Commission ultimately agreed with the draft proposal as initially drafted by staff. Outside of the explicit recommendations above, the Commission engaged in numerous discussion points relevant to the proposed amendments. Some Commissioners expressed possible options to mitigate the groundwater impacts in southern Deschutes County without imposing acreage standards for new ADU development. However, ultimately no supplementary recommendation on this point was proposed. Additionally, some Commissioners expressed support for allowing ADU development within the WTZ Zone, given existing requirements for wildlife habitat protection and wildfire mitigation. III. WRITTEN TESTIMONY & DISCUSSION To date, a total of seventeen (17) comments from sixteen (16) members of the public have been received by staff concerning the initially proposed amendments. Page 4 of 8 Eight (8) of the submitted comments generally expressed support for the proposed ADU amendments, citing the following items: • Opportunities for a general increase in housing supply, particular given ongoing housing shortages and burdensome rental costs in Central Oregon. • Increased opportunities for intergenerational living as many aging parents and family members pursue housing with other family members on existing developed properties. • Increased economic activity from rural ADU development. • In conjunction with the initially proposed County standards, the existing requirements in SB 391 will serve to limit the effects of increased development in rural areas of the county. Alternatively, nine (9) of the submitted comments expressed general disapproval of the proposed ADU amendments, citing the following items: • Negative impacts from increased traffic. • Additional risk from adding residential development in high wildfire risk areas. • Impacts to pre-existing water resources from adding additional exempt, private residential wells in the rural county. • Loss of open space and rural quality of life expected from increased rural density. • Impacts to wildlife populations and habitat related to increased development density. • General skepticism around the impact that rural ADUs would have on housing availability and affordability in the region. • Concerns that certain restrictions, such as the limitation of utilizing rural ADUs for short term vacation rental purposes, can be accurately tracked and enforced by county staff. Among those comments expressing general disapproval, not all requested a full denial of the proposed amendments. Certain commenters suggested additional actions or details that should accompany any ADU program if ultimately approved by the Board: • Delaying the amendment process until final versions of the Statewide Wildfire Hazard Map required by Senate Bill (SB) 762 has been released by the Oregon Department of Forestry. • Prohibit ADUs in all Goal 5 inventories captured by Deschutes County, including the Wildlife Area Combining Zone, Greater Sage -Grouse Area Combining Zone, and the Flood Plain Zone. • Prohibit ADUs in the Westside Transect Zone. Page 5 of 8 • Delay the amendment process until the County's proposed Goal 5 inventory update is completed5. IV. PLANNING COMMISSION HEARING TESTIMONY & DISCUSSION During the public hearing before the Commission, nine (9) individuals provided testimony. Some testimony expressed dissatisfaction regarding the proposed text amendments in general. These comments focused primarily on the following items: • Negative impacts to wildlife populations. • Negative impacts on ground water supplies. • Potential code compliance issues, specifically related to the required prohibition on vacation rentals. • Additional wildfire risk from increased development in the rural county. • A lack of compatibility between the proposed amendments, the statewide land use goals, and the Deschutes County Comprehensive Plan. Some testimony expressed support for the proposed text amendments in general. These comments focused primarily on the following items: • Opportunities for a general increase in housing supply, particular given ongoing housing shortages and burdensome rental costs in Central Oregon. • Increased opportunities for intergenerational living as many aging parents and family members pursue housing with other family members on existing developed properties. • Increased economic activity from rural ADU development. V. AGENCY COMMENTS & DISCUSSION As part of the record, ten (10) comments have been included from several state and local agencies with an interest in the proposed ADU amendments. Staff will attempt to highlight some of those specific comments that are particularly pertinent: Deschutes County Environmental Soils Division Due to concerns regarding failing treatment systems and groundwater impacts, the Onsite Wastewater Division recommends the following: 5 As noted above, the Board elected to withdraw the proposed Goal 5 habitat inventory update for mule deer. Page 6of8 • Increasing the minimum lot or parcel size for rural ADUs to be at least five (5) acres in size in this specific geographic area. Additionally, in consultation with the Onsite Wastewater Division, staff has explored the possibility of requiring advanced wastewater treatment systems for ADU development in southern Deschutes County. • Limiting properties constructed with ADUs from all future residential dwelling development, including additional ADUs, medical hardship dwellings, and temporary dwellings within recreational vehicles or similar uses. Oregon Department of Fish and Wildlife The Oregon Department of Fish and Wildlife (ODFW) has requested certain mitigation standards for any ADUs that may be developed within the Wildlife Area (WA) Combining Zone. Specifically, ODFW has requested the following: • The siting and fencing standards of Deschutes County Code (DCC) 18.88' be maintained for all rural ADU development in the WA Combining Zone. • A specific size limitation be instituted for all accessory components (i.e. - garages, storage structures, etc.) of any developed ADU not included in the 900 square -foot "useable floor area" required by SB 391. • Access to properties should utilize existing roads and driveways for all rural ADU development. Staff believes that the siting and fencing standards of DCC 18.88 would apply to all rural ADU development, regardless of specific language included in the proposed text amendments. To maintain clarity, should rural ADUs be allowed within the Wildlife Area Combining Zone, staff could modify the proposed amendment language to explicitly state the referenced standards from DCC 18.88 will apply to any future ADU development. Options for specific size limitations have been proposed and discussed by the Commission regarding accessory components of an ADU. As discussed above and within the attached Recommendation Matrix (Attachment 1), the Commission initially recommended limiting the definition of "useable floor area" to encompass both living areas and accessory components of an ADU. As recommended, the total footprint of any proposed ADU, including components such as garages or storage areas, would be limited to 900 square feet. Finally, staff notes that construction of new roads is typically reviewed through a subdivision or partition process against the standards of DCC Title 17. These proposals are generally distinct from specific physical development on an individual property, such as the construction of an ADU. Additionally, driveway permits are issued and reviewed through the Road Department primarily for 6 https://deschutescounty.municipalcodeonline.com/book?type=ordinances#name=CHAPTER 18.88 WILDLIFE AREA COMB INING ZONE; WA Page 7 of 8 compliance with clear sighting and other safety requirements. If driveway access to rural ADUs is required to be consolidated to existing access points, it is unclear how this specific standard would be reviewed or enforced over time. Oregon Association of Water Utilities The Oregon Association of Water Utilities has requested certain permitting standards for properties pursuing ADU development. Specifically, the Association notes there are many different types of water systems serving portions of rural Deschutes County, and not all of these systems have the ability to add new demand. While any one ADU may not be problematic, the cumulative additional demand of multiple new ADU's in portions of a system without available capacity will result in a degradation of service to existing customers. In order to avoid legal battles from all involved and/or existing utility customers, the Association has requested that a letter of approval to proceed from a county is provided only after or upon such letters of capacity and capability from utilities are received, otherwise known as a "Willing and Able to Serve Letter." After review of this request, staff notes that the proposed draft amendments were altered to require the submittal of a "Willing and Able to Serve Letter" from any property owner looking to develop an ADU if the unit is to be served by any water source other than an onsite domestic well. Attachments: 1. Planning Commission Recommendation Matrix Page 8 of 8 z 2 �4 X w X < Q 2 O L911— a zz o' W W Q 2o 0 c� L) Ems, t O CAICe Vi ZO L� Z N •Z' 2 2 Q o cc Z J Z Z J LO 0 t7� m co N CO Q Z; ton w Second Recommendation • Approve rural ADU development in Deschutes County • Recommended by Planning Commission 5 to 0 cc •E 4- C In G' 0 3 0 v .c 3 N. ac aN' as 3 rj > w 0 m 0 U N N a.` N C a) v c nn ax' •C c 5 o a' 4'c,, a-. E 0 a m >. ._m c—or o_, m E a E a o a N i on 2 N 0 0 C H O. To N N E N O On c a) E >O ,vn ar d d 'a u N c'ci E Y a -c 3 Y `m o Z c 0• a o :'' a a' on aI— c U F. CO • • • A unit must be located no farther than 100 feet from the existing single family dwelling, measured from a wall of the single-family dwelling to the nearest part of the "useable floor area" of the accessory dwelling unit. • This recommendation was unchanged by the Commission from staffs initial proposal and thus no approval vote was taken. First Recommendation • Approve rural ADU development in Deschutes County • Recommended by Planning Commission 4 to 2 on a Io ) A u W o ,o O ch a1 i 2 E a' Lc, c .9, D o`0n O c o - o on N �N N •£ Q c 0 E N a, N E E 0- Y O U O E C' 9. N L N= U • • o N 0 N E N w c Y Y O c, aJ c m a' '00 U E N N d c o 3 O c TA 2 c +0+ 7 N Y a' .... - a) �n m c E a' 5 w - E a o a >> 0 c• +"ce 0 a' O E bfl on w on u— N_ . ,. a' x E o t o° c. 0 E a o c •c a' a) - a' i+ f0 N N U E j: it. Q 42 Y '30 '30 0 (0 'O F- 7 U g N • • Possible Alternatives 1. Prohibit rural ADU development in Deschutes County. 1. Require the 900 square -foot limit to apply to the entire ADU structure, including garages and accessory components. 2. Set a maximum size limit to accessory components of ADUs such as garages. 3. Additional requirements for permitting standards on habitable versus non -habitable space (i.e. — Group R-3 building permits for habitable space and Group U permits for non -habitable space). 1. Requiring the entire footprint of an ADU to be located within 100 feet of the existing single-family dwelling. Draft Amendment Standards Allows an owner of a lot or parcel within an area zoned for rural residential use to construct one accessory dwelling unit' on the lot or parcel. Applies to Rural Residential (RR10), Multiple Use Agricultural (MUA10), Urban Area Reserve (UAR-10), Suburban Residential (SR 2.5), and Westside Transect (WTZ) zones. Additional local standards are proposed. "Useable floor area" is undefined within SB 391 and the administering statutes. For the purposes of Deschutes County Code, "Useable Floor Area" currently means "the area of the accessory dwelling unit included within the surrounding insulated exterior walls, exclusive of garages, carports, decks and porch covers." A unit must be located no farther than 100 feet from the existing single family dwelling, measured from a wall of the single-family dwelling to the nearest part of the "useable floor area" of the accessory dwelling unit. SB 391/644 Criterion v O Z v -0 v u.o c = od o v c a u c D Y? ¢ o co L O O1 `1 - E aw' 0 v c o no =0v v °' 'N 3 o tiD a 0 0 on > o Ncc o a' co v TO O t v 0 Y m 3 L E> L 'c t' O E w Issue Area m s p r. a 2 a 3 N 2). a v o m p ,a t ro Q Q as ia m 0 '0 LL o v o' r• ..cm-0-0 vc o 2� Q0 u r = 0 0+ N a 0 o, N E Y in o ill n oNc •— wY t, a' 2 nv> ti N m ti 247-22-000671-TA PC Recommendation Matri PLANNING COMMISSION RECOMMENDATION MATRIX SENATE BILLS (SBs) 391 & 644 RURAL ACCESSORY DWELLING UNIT (ADU) TEXT AMENDMENTS Land Use File No. 247-22-000671-TA Second Recommendation 0 C ' t• -, Lo >. u) t n G t • 1 — F.:3 .F- ' 2 I' 0 E a gb.° 4-• 0 0 .. 4-' 4-) .2 4: •V 'I:: 8 g.I.,.r2 t,..-!' ....,>. 75 ,....,,, 2- 'E 7. ,Sige,w.,AuE•p- a. c 8 ai-g58.:E.f.t • • ' I cbi, 0 CU -0 , CW ) I , -° M. • . • . . , MC Y', -...-.2 (-7 2 = T. ft • ,, ,E' "-: - : - 9cu ":- 'E ' r-t: 7ec-c . I:75: -154 - '.. s - :442 , 31 3. i :: MN I _. :15'aLog‘9 ._8gElE •E ]E 15 — =64'0`4EES E 2. r g => g g! 2 000 • • First Recommendation t 0 ..... _c ...•c a) E < ye c 0 .,.9 4-, m 5 -- a) ,,.-..-, .cEE't.34owEo',:c3 & '6 ......tr' Ew ,c,>+ ,6,,,, .c • 173 ....) uc,"0.> 0 c0 3 w . -5 C 0 0. +1,7 i- = 0 • M • • '0 I tli -C '2 c ..71b4C 2" : El" 6-, cw-oE —07 a, ,r, ,T, .'-'10 301.,-,14."...uaJE,--EE a. •as W P.1 ...L. ...) • • Possible Alternatives sc a) o c 6 a) 0 w E 5 L, -0 , E a, •'::71 4-' E .2 Ew (0 W 4" C ' a c (11 Si 0 ,e, c,_ 4, '.. T., 0 -ES - .c2 ;) P'o2 4'1' . g- . . E to =- E E 0 0 Tui -, ci_ )-- = c, ..c ,,.; .- --G-., c > G., D - = >, C) = ,-- < '1.72 2 Fo 1,.' -21' ?," ,r`f3 .—c,,, .n.,.< • -...c 2 „„S -C9. . '. tn g T2 r° 7 M D (% ' '''' bi-) " "w C) 2 w 'E' 0 2 ' - , ,a , =a. . 2 ,:, 3 ,..T, ,Te , „, ,_ .0 a ,,- . 47- _ g i nc < -2 7,' =,_ ED E B ,2 —a, E 112 $2 It g,, 72 2 _' 'g . eil ,2 22 L2 .>_- r, .,1' _2 ‘.-'• :77, E 0210 ) o w g -a, ,.. cr ‘, 48 2 ..E.., 0 a = o - ni 4 1. Prohibit rural ADU development in designated Goal 5 resource areas (i.e. — Wildlife Area Combining Zone, Greater Sage -Grouse Area Combining Zone, and the Sensitive Bird and Mammal Habitat Combining Zone) 2. Prohibit rural ADU development in some, but not all, designated Goal 5 resource areas. 3. Develop additional restrictions in coordination with the Oregon Department of Fish and Wildlife (ODFW) for rural ADU development in designated Goal 5 resources areas such as minimum parcel sizes, driveway access consolidation, etc. Current Amendment Standards Due to vulnerable groundwater characteristics in southern Deschutes County, the Onsite Wastewater Division recommends increasing the minimum lot or parcel size for rural ADUs to be at least five (5) acres in size. The boundaries of this recommendation were defined by the upper Deschutes watershed area studied during the La Pine Demonstration Project, US Geological Survey report 2007-5237, USGS Fact Sheet 2007-3103. Allows rural ADU development in designated Goal 5 areas such as the Wildlife Area Combining Zone, subject to existing standards and requirements. Any development within Goal 5 sites such as the Flood Plain Zone or jurisdiction wetlands requires a Conditional Use Permit and review by local, state, and federal agencies to ensure compliance with environmental and natural hazard mitigation regulations. However, as presently drafted, the proposed amendments do not allow ADU development within the Flood Plain Zone (DCC 18.96). SB 391/644 Criterion w c o z cu c o z Issue Area ,,, E :a,' rs• .— vl 0 a) 0 a) C 15 g .22 iE 11,1 .2 :i == 3 42 c (J CD C. en,.. Cli c >• c 0 '77, 711 ea E to a) owl. u,"L' o ,..) ea ro co ea in 0. en z cc en 247-22-000671-TA PC Recommendation Matrix PLANNING COMMISSION RECOMMENDATION MATRIX Second Recommendation , al to c >. S2 6 _, -° C o ° .1) c) . 2 C . i. , .0) ....; .3 2 .2 .., c u, • 3 > 0 12 0 0. 'to 0 , 0 C to c . 2 , .:, ' 7, + - ' . .0) > •_ ? E „TA 0 0 ,.,, cl 752-.. • • First Recommendation g tr, IF. ''' 0," C 0 U - L.. • ' E , . F, c Ta "p_. "a .- -o o 0 .F.. ,-0 "0 0 CU tC. 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Prohibit rural ADU development in the WTZ. 2. Develop additional restrictions for rural ADU development in the WTZ such as siting standards, etc. 1. Prohibit both the existing single- family dwelling and the ADU for vacation occupancy use, as defined in ORS 90.100. Current Amendment Standards Rural ADUs would be allowed on properties within the Westside Transect Zone (WTZ). All existing requirements related to development within the WTZ including subdivision and property scale, fuel treatments, wildfire mitigation building code standards, and maintenance of designated open space corridors would be unaffected by the proposed amendments. The applicant shall sign and record with the County Clerk, prior to the issuance of a building permit, a restrictive covenant stating an accessory dwelling unit allowed under this section cannot be used for vacation occupancy, as defined in ORS 90.100. SB 391/644 Criterion a) 0 Z A county may not allow an accessory dwelling unit allowed under this section to be used for vacation occupancy, as defined in ORS 90.100. Issue Area Q 7 3 O voiu.0.0i-N N O N N n. C N G1 CO C C C .0. U fl. X N t.. 7 N p .0 N ;O _ O D U O N V1 O) O vL> 0 cc 3 Q 247-22-000671-TA PC Recommendation Matr ES 0 MEMORANDUM TO: Deschutes County Planning Commission FROM: Kyle Collins, Associate Planner Will Groves, Planning Manager DATE: July 19, 2023 COMMUNITY DEVELOPMENT SUBJECT: Rural Accessory Dwelling Unit (ADU) Legislative Amendments - Anticipated Property Eligibility The Board of County Commissioners (Board) will conduct a public hearing on July 26, 2023 concerning local provisions for rural ADUs as identified in Senate Bill (SB) 3911 (file no. 247-22-000671-TA). Staff submitted an initial 35-day Post -Acknowledgement Plan Amendment (PAPA) notice to the Department of Land Conservation and Development (DLCD) on August 17, 2022. A public hearing was held with the Deschutes County Planning Commission (Commission) on September 22, 20222. The Commission held deliberations on October 27, 2022' and the recommendations from that meeting are discussed within provided attachments. Since the Commission's initial public hearing on this proposal, legislation was passed by the Oregon Legislature which requires several changes to the original proposed amendments to maintain compliance with state standards. Specifically, SB 644 was recently passed which provides direction to local jurisdictions looking to adopt rural ADU standards prior to formal release of the Statewide Wildfire Hazard Map required by SB 762. Additionally, SB 80 was passed which alters the original standards and terminology used within the forthcoming Statewide Wildfire Hazard Map. Further details regarding SB 644 and SB 80 are discussed in following sections. Given the passage of SB 644 and SB 80, along with the necessary amendment changes required by the bills, staff conducted a work session with the Board on June 5, 2023 to understand preferred steps on the ADU proposal moving forward. During that work session, the Board directed staff to reinitiate PAPA notice proceedings with DLCD to capture the newest version of the amendments and provide the Commission with an opportunity to review the revised amendments. Per Board direction, staff https://olis.oregonlegislature.gov/liz/2021R1/Downloads/MeasureDocument/SB0391/A-Engrossed 2 See Deschutes County Planning Commission September 22, 2022 Agenda for more information: https://www.deschutes.org/bc-pc/page/planning-commission-17 3 See Deschutes County Planning Commission October 27, 2022 Agenda for more information: https://www.deschutes.org/bc-pc/page/planning-commission-21 submitted a revised 35-day PAPA notice to DLCD on June 7, 2023 and held a new work session with the Commission on July 13, 2023. I. ANTICIPATED PROPERTY ELIGBILITY This proposal amends Deschutes County Code (DCC), Titles 18 and 19 to allow Rural ADUs consistent with SB 391 in the Multiple Use Agricultural (MUA-10), Rural Residential (RR-10), Suburban Low Density Residential (SR 2.5), Urban Area Reserve (UAR-10), and Westside Transect (WTZ) Zones. Eligibility criteria will be incorporated in DCC Chapters 18.116, Supplementary Provisions and 19.92, Interpretations and Exceptions. Based on initial review of the qualifying characteristics, approximately 8,660 tax lots in Deschutes County could potentially qualify for a rural ADU. This includes properties which do not currently have a single-family dwelling onsite, but otherwise meet the qualifying standards. Additionally, this includes parcels which the Commission has recommended be prohibited from rural ADU development. However, staff notes the following limitations and revisions to that initial estimate: • The estimate is only based on general requirements from SB 391 and SB 644, and does not evaluate properties on an individual level. Specific properties may have unique lot boundaries, geographic features, onsite wastewater limitations, or other characteristics which make the establishment of a rural ADU more challenging or impossible. • Property owners may encounter additional costs and challenges when constructing a rural ADU above and beyond specific land use standards. It is likely that numerous properties will need to incorporate significant upgrades to onsite wastewater treatment systems prior to establishment of rural ADUs. • This estimate includes 765 potentially eligible tax lots in the Wildlife Area Combining Zone (includes Deer Migration Corridor, Deer Winter Range, and Significant Elk Habitat). There are no potentially eligible tax lots within the Greater Sage Grouse Area Combining Zone. • This estimate includes 120 potentially eligible parcels in the Westside Transect Zone. • This estimate is based on a 5-acre minimum parcel size in southern Deschutes County. There are approximately 319 potentially eligible tax lots in southern Deschutes County based on a 5-acre minimum parcel size. There are approximately 1,129 potentially eligible tax lots in this area based on a 2-acre minimum parcel size. Attachments: 1. Map of Potentially Eligible Properties Page 2 of 2 Parcels Meeting Initial Criteria for Rural ADUs per SB 391 Parcel Meeting Criteria for Rural ADU per SB 391 Approximately 8,660 Parcels • Zone must be RR10, MUA10, SR2.5, UAR10 or WTZ • Parcel size must be 2 Acres or larger • In South Deschutes County, parcel size must be 5 Acres or larger • Outside of Metolius Area of Critical State Concern N.\Custom\ County \CDD\ Planning \KyleCollins\56391_RuraIADU September 27, 2022 BOARD OF COMMISSIONERS AGENDA REQUEST & STAFF REPORT MEETING DATE: July 24, 2023 SUBJECT: Greater Sage -Grouse - 2023 Mapping Update RECOMMENDED MOTION: N/A - Informational Update BACKGROUND AND POLICY IMPLICATIONS: Staff will conduct a work session with the Board to discuss the Oregon Department of Fish and Wildlife's effort to update the Greater Sage -Grouse Conservation Assessment and Strategy for Oregon, and associated habitat maps. BUDGET IMPACTS: None. ATTENDANCE: Nicole Mardell, AICP, Senior Planner - Long Range Peter Gutowsky, AICP, Community Development Director COMMUNITY DEVELOPMENT MEMORANDUM TO: Deschutes County Board of County Commissioners ("Board") FROM: Nicole Mardell, AICP, Senior Planner - Long Range Peter Gutowsky, AICP, Community Development Director DATE: July 24, 2023 SUBJECT: Greater Sage -Grouse - 2023 Mapping Update Staff will conduct a work session with the Board on July 24, 2023 to discuss the Oregon Department of Fish and Wildlife (ODFW)'s effort to update the Greater Sage -Grouse Conservation Assessment and Strategy for Oregon, and associated habitat maps. I. BACKGROUND In 2015, the Oregon Land Conservation and Development Commission (LCDC) adopted new rules' addressing potential conflicts between large-scale development and sage -grouse habitat. The rules applied to seven eastern Oregon counties with significant sage -grouse habitat, based on data and maps approved by the Oregon Fish and Wildlife Commission in 2011. Shortly after this rulemaking, the Board of County Commissioners adopted Ordinance Nos. 2015-010 and 2015-011, incorporating sage -grouse habitat maps and regulations into the Deschutes County Code and Comprehensive Plan. This is implemented through Chapter 18.89 of the Deschutes County Code, the Greater -Sage Grouse Area Combining Zone. The Greater -Sage Grouse Area Combining Zone includes three habitat areas: • Core Area, also known as Priority Areas for Conservation (PACs): mapped sagebrush types or other habitats that support sage -grouse annual life history requirements 1 OAR 660-23-0015 including Ieks2. This area has the greatest limitations and mitigation requirements for large-scale' development. • Low Density Habitat: mapped sagebrush types or other habitats that support sage - grouse. This area has limitations and mitigation requirements for large-scale development, although at a lesser tier than in core areas. • General habitat: occupied (seasonal or year-round) habitat outside core and low - density habitats. The Greater -Sage Grouse Combining Zone only applies to areas that are within 3.1 miles of a lek and apply to lands protected under Statewide Planning Goals 3 and 4. Privately owned property in the Alfalfa, Horse Ridge East, and Bend-Tumalo-Redmond Exclusive Farm Use (EFU subzones) are included in these areas, as well as one property that is split zoned and includes land zoned for Forest Use (F-1). Federal lands are exempt from County land use requirements, although several federally owned properties are included within the boundary of this zone. II. 2023 UPDATE PROCESS ODFW staff initiated the process to update the Sage -Grouse Conservation Assessment and Strategy for Oregon (CAAS) in March 2022. Through this process, ODFW is also updating the sage -grouse habitat maps that were completed in 2011 and used to establish the sage - grouse rules in OAR 660-023-0115 and the county's Greater Sage -Grouse Combining Zone in 2015. Staff received mapping data representing the updated draft core and low -density habitat layers on Thursday, July 13, 2023, and is currently analyzing this information for its impact on properties in Deschutes County. Staff will present this information during the work session. ODFW is seeking comments on the updated maps from property owners and participating agencies through September 22, 2023. Suggested changes will then be brought to the 2 "Lek" means an area where male sage -grouse display during the breeding season to attract females (also referred to as strutting -ground). 3 "Large-scale development" means uses that are: over 50 feet in height; have a direct impact in excess of five acres; generate more than 50 vehicle trips per day; or create noise levels of at least 70 dB at zero meters for sustained periods of time. Uses that constitute large-scale development also require review by county decision makers and are listed in one of the following categories identified in the table attached to OAR 660-033-0120. A. Commercial Uses. B. Mineral, Aggregate, Oil and Gas Uses. C. Transportation Uses. D. Utility/Solid Waste Disposal Facilities. E. Parks/Public/Quasi-Public. Page 2 of 3 Oregon Fish and Wildlife Commission in December during their review of the updated CAAS and associated habitat maps. Ultimately, updated maps will be brought forth to LCDC to amend OAR 660-023-0115, which will then require an amendment to the boundary of the County's Greater -Sage Grouse Combining Zone. The agency is conducting outreach to property owners in the impacted area through a series of open houses. Planning staff will be in attendance at the Brothers area open house, tentatively scheduled for August 2023. Staff will provide more information on this open house to the Board as it becomes available. III. IMPACT OF GREATER SAGE -GROUSE COMBINING ZONE The combining zone aims to regulate activities potentially harmful to sage grouse habitats. Development projects within specified areas near occupied sage -grouse breeding sites, or leks, require County and ODFW review to ascertain if they pose a conflict. There are two main types: large-scale and smaller developments. Large-scale developments are subject to a two-step analysis, evaluating their size, potential impact area, traffic generation, height, and noise levels. Examples include solar projects and aggregate quarries. Meanwhile, smaller -scale developments in mapped sage -grouse habitat areas, like a two -acre guest ranch, would require evaluation from the Oregon Department of Fish and Wildlife (ODFW) for potential threats to the habitat. The regulation and mitigation guidelines differ based on the area type - Core Area, Low Density Area, or General Habitat. These regulations detail allowable disturbances, mitigation measures, and consultations required with ODFW, ensuring the protection and conservation of the sage grouse habitat. The applicable regulations are discussed in greater detail in Attachment A. IV. NEXT STEPS Staff will return in late August or early September to provide a subsequent update and discuss the need to submit formal comments to ODFW. ATTACHMENTS A. Ordinance No. 2015-010 and 2015-010 Findings - Establishment of Greater Sage - Grouse Combining Zone Page 3 of 3 FINDINGS The Deschutes County Planning Commission held a public hearing on October 8, 2015 in Brothers to consider legislative plan amendments and to Deschutes County Comprehensive Plan and legislative amendments to Deschutes County Code (DCC) Title 18.1 The Planning Commission closed the hearing but left the written record open until October 23, 2015. On November 12, they forwarded a recommendation of adoption to the Board of County Commissioners (Board). They also asked the Board to consider adding an amendment to County Code requiring bonding and reclamation for renewable energy facilities. The Board held a hearing on December 2, 2015. 1. BACKGROUND The Greater Sage Grouse is a species common to the western United States. Over time, much of the sagebrush ecosystem needed to maintain a healthy population has suffered. Habitat has eroded as a consequence of the introduction of invasive weeds, juniper encroachment, large-scale development, wildland fire, and intensive agriculture. Strong concerns about the future of the species have resulted in the United States Fish and Wildlife Service (USFWS) receiving multiple petitions to list the Greater Sage Grouse under the federal Endangered Species Act (ESA). In April 2010, the USFWS determined that protection of Greater Sage Grouse under the ESA was warranted. The USFWS did not list sage grouse at that time in order to address other species facing greater risk of extinction, but stated its intent to revisit its "Warranted but Precluded" decision. The USFWS must still make a determination whether the species should be proposed for ESA listing or be removed from the candidate list, which would result in no further consideration by this fall. Sage grouse habitat in Oregon includes about 11 million acres distributed across five Bureau of Land Management (BLM) management districts in seven central and eastern Oregon counties (Baker, Crook, Deschutes, Harney, Lake, Malheur and Union). Private lands account for about 21 percent of this total while BLM controls about 70 percent. The remaining lands are made up of other public agencies including the Oregon Department of State Lands. Last January, Governor Kitzhaber requested the Oregon Land Conservation and Development Commission (LCDC) initiate a rulemaking to address potential conflicts between "large-scale development" and sage grouse habitat. The purpose is to address a potential federal listing of the Greater Sage Grouse under the ESA. The Governor's request follows the work of an interagency group called "SageCon," begun in 2012. SageCon's goal is to demonstrate that Oregon can put together a plan of action that will demonstrate that the federal listing for sage grouse in Oregon is unnecessary. 1 A public notice will be published in the Bulletin on September 20, 2015. PAGE 1 OF 6 — EXHIBIT F TO ORDINANCE 2015-010 LCDC agreed and appointed a Sage Grouse Rules Advisory Committee (Committee) in March to assist the Oregon Department of Land Conservation and Development (DLCD) in drafting proposed rules. The Committee met four times. The rulemaking amends Oregon Administrative Rule (OAR) chapter 660, division 23, often referred to as the "Goal Five rule." The rule applies to non-federal lands in eastern Oregon that constitute approximately 30 percent of sage grouse habitat. LCDC held a public hearing on July 23 and 24 in Burns, OR and after closing the hearing on the 24th, adopted the rules (OAR 660-024-0115).2 They became effective on August 13, 2015. State law, ORS 197.646(3) requires the seven eastern Oregon counties, including Deschutes, to implement them.3 As a result, staff is initiating two ordinances. Ordinance 2015-010 contains the following amendments: • Exhibit A: Amendment to DCC 23.010.010, Introduction; • Exhibit B: Comprehensive Plan map adopting Oregon Department of Fish and Wildlife's (ODFW) Greater Sage -grouse Habitat Area Inventory Map (Core Area, Low Density Area, and General Habitat, including occupied and occupied - pending lek locations); • Exhibit C: Comprehensive Plan map amendment removing Deschutes County's 1990 sage -grouse inventory and lek locations from the Sensitive Bird and Mammal Habitat Inventory; • Exhibit D: Amendment to Comprehensive Plan Chapter 2, Resource Management, Section 2.6 — Wildlife; • Exhibit E: Amendment to Comprehensive Plan Chapter 5, Supplemental Sections, Section 5.12 — Legislative History; and, • Exhibit F: Findings. Ordinance 2015-011 contains the following amendments: • Exhibit A: Zoning code amendment to Deschutes County Code (DCC), adopting Chapter 18.89, Greater Sage -Grouse Area Combining Zone (mirrors Oregon Administrative Rule 660-024-0115); and, • Exhibit B: Zoning code amendment to DCC 18.90, Sensitive Bird and Mammal Habitat Combining Zone, removing outdated references to sage -grouse and Ieks. II. REVIEW CRITERIA ORS 197.646(3) requires Deschutes County to implement OAR 660-023-0115. Subsection 4 of the rule underscores this requirement as well: 2 http://www.oregon.goy/LCD/Pages/SageGrouseRulemaking;,aspx 3 ORS 197.646(3). https://www.oregonleglslature.gov/bills Laws/lawsstatutes/2013ors197.html PAGE 2 OF 6 — EXHIBIT F TO ORDINANCE 2015-010 "Local governments may develop a program to achieve consistency with this rule by following the standard process in OAR 660-023-0030, 660- 023-0040 and 660-023-0050 and submitting the amendment to the commission in the manner provided for periodic review under ORS 197.628 to 197.650 and OAR 660-025-0175. Until the commission has acknowledged a county amendment to its comprehensive plan and land use regulations to be in compliance with Goal 5 and equivalent to this rule with regard to protecting sage -grouse habitat, sections (5) to (12) shall apply directly to county land use decisions affecting significant sage - grouse habitat" [emphasis added]. The changes to the Comprehensive Plan and new regulations in DCC Chapter 18.89 mirror the state rules. Therefore, the new chapter and the revisions to DCC 18.90 are consistent with the County's Comprehensive Plan 1I. SUMMARY To supplement the overview below, attached with the findings are also a DLCD rule - making summary and the rules themselves, OAR 660-023-0115 (Attachments 1 and 2). A. New Sage Grouse Inventories Deschutes County is now designating core areas, low density areas, and general habitat within 3.1 miles of a lek as significant sage grouse habitat. These designations under OAR 660-023-0115(6) only apply to lands protected under Statewide Planning Goals 3 and 4, which in Deschutes County's case are located in the Alfalfa, Horse Ridge East, and Bend-Tumalo-Redmond, Exclusive Farm Use (EFU) subzones and Forest Use Zone (F-1). All of the non-federal properties, except one, which is split zoned, are located in EFU. B. Regulatory Thresholds There are two types of development that require County review to determine if it creates a conflicting use to sage -grouse. 1. Large-scale development in core areas, low density areas, and lands within a general habitat area located within 3.1 miles of an occupied or occupied -pending lek.4 Large-scale development goes through a two-part analysis: • First, is it a use listed in the OAR 660-033-0120 table (Attachment 3) that requires review? If yes, than, 4 "Large-scale development" means uses that are: over 50 feet in height; have a direct impact in excess of five acres; generate more than 50 vehicle trips per day; or create noise levels of at least 70 dB at zero meters for sustained periods of time. Uses that constitute large-scale development also require review by county decision makers and are listed in one of the following categories identified in the table attached to OAR 660-033-0120. A. Commercial Uses. B. Mineral, Aggregate, Oil and Gas Uses. C. Transportation Uses. D. Utility/Solid Waste Disposal Facilities. E. Parks/Public/Quasi-Public. PAGE 3 OF 6 — EXHIBIT F TO ORDINANCE 2015-010 • Does the use meet qualifying feature(s)? Is the use over 50 feet in height; have a direct impact in excess of five acres; generate more than 50 vehicle trips per day; or create noise levels of at least 70 dB at zero meters for sustained periods of time? If yes, it is subject to review. Examples: A commercial photovoltaic solar project is a candidate to be considered large- scale development because it requires review by local government and is identified in category D — Utility/Solid Waste Disposal Facilities. However, it would only be determined to be a large-scale development if it covers more than five acres. Alternatively, a three -acre aggregate quarry that requires review and is identified in category B — Mineral, Aggregate, Oil and Gas Uses — would likely be considered a large-scale development because of it noise and not because of its size. 2. Smaller levels of development may jeopardize the future of the species if a proposal is in close proximity of a lek. Land uses that do not qualify as "large- scale development" would still be evaluated if they require review pursuant to the OAR 660-033-0120 table and are proposed in: a. Core area within 4.0 miles of an occupied or occupied -pending lek; b. Low density area within 3.1 miles of an occupied or occupied -pending lek; or c. General habitat within 3.1 miles of an occupied or occupied -pending lek. Examples: Farm use and other buildings provided in conjunction with farm use are exempt since they do not require review. Alternatively, a two -acre guest ranch proposed in any of the areas referenced in subsection 2 above, would require confirmation from ODFW. The agency would determine if the use poses a threat to sage -grouse habitat or the way sage - grouse use that habitat. They could also condition the approval based on certain recommendations, including minimization techniques and compensatory mitigation, if necessary, to resolve threats to significant sage -grouse habitat (See DCC 18.89.080(B), 18.89.090(B), 18.89.100 (B)). C. Large Scale Development Regulation / Mitigation Core Area Core areas are also known as Priority Areas for Conservation (PACs). These two terms are synonymous. Core areas/PACs are subject to disturbance thresholds that limit the direct impact of large-scale development to one percent of the total delimitated area of a PAC over 10 year increments and a maximum total of three percent. These percentages must be taken into account when a county considers a large-scale development proposal. A proposal that would exceed either threshold may not be allowed. PAGE 4 OF 6 - EXHIBIT F TO ORDINANCE 2015-010 In addition to limiting the amount of allowable anthropogenic disturbance in each core area/PAC, a proposal for large-scale development is subject to the full mitigation hierarchy, which includes a rigorous avoidance test, minimization requirements and compensatory mitigation (offsets) responsibility. Applying the avoidance test and minimization requirements are the purview of local government. Should any negative impacts to the species remain after these items are satisfied the applicant will be responsible to offset those impacts through compensatory mitigation. Compensatory mitigation must be consistent with ODFW's rule. Low Density Areas The regulatory arrangement for low density areas differs from core areas/PACs in two ways. First, low density areas are not subject to disturbance thresholds such as the one percent over 10 year increments or three percent total that apply to core areas/PACs. Second, while large-scale development proposals in low density areas do require application of the full mitigation hierarchy, a different, somewhat more lenient avoidance test applies to these areas. In other words, it will be easier to site large-scale development in low density areas. General Habitat General habitat is essentially sagebrush habitat used by sage -grouse that is not included in a core or low density area. In these areas the rules apply only to lands within 3.1 miles of a lek. Rather than directly applying the mitigation hierarchy, large-scale development proposal in general habitat within 3.1 miles of a lek would be subject to a "consultation" with ODFW. However, consideration for avoidance, in addition to minimization, is included and the ordinary obligations for compensation mitigation remain intact. D. Non -Large Scale Development Regulation / Mitigation Core Area Non -large-scale development activities may also constitute a conflicting use if proposed within 4.0 miles of a lek in a core area. Under these circumstances, a pre -application conference will be followed by a discussion between the applicant and ODFW. Through this discussion, which will likely involve a site visit, the local ODFW biologist will assess the facts and may conclude the given situation does not pose a threat to sage -grouse and no further consideration is needed. The ODFW biologist may also conclude that minimization activities such as sharing a driveway, locating on a specific portion of the property or limiting hours of operation would be necessary. In extreme cases it may be found that compensatory mitigation is needed. ODFW would forward these comments to the county who would then include them in the decision document. This approach is not expected to result in the denial of any proposal. Instead the conversation and requirements will be about how the proposal is carried out. PAGE 5 OF 6 - EXHIBIT F TO ORDINANCE 2015-010 Low Density Areas As with core areas/PACs, non -large-scale development activities may constitute a conflicting use in low density areas. However, for low density areas the distance is 3.1 miles from a lek rather than 4.0 miles. General Habitat Non -large-scale development may constitute a conflicting use in general habitat within 3.1 miles of a lek. These instances will be treated consistent with the provisions for core and low density areas. Attachments: 1. DLCD Sage -Grouse Rule -making Report 2. OAR 660-023-0115 3. OAR 660-033-0120 Table PAGE 6 OF 6 - EXHIBIT F TO ORDINANCE 2015-010 -ira a 0 L. .• u co co L 0 V) U CU � V) C6 � -0 C6 C u.— LL ct3 aU >, CUQ 0 U D a) O bi0 -0 Cb a) rD V) b-0 O c6 r--O O C N w a) 4— cii. 73 * § U-0 b.0c3 13) C6 .V) V) r -0 O C b.0 C6 -O aU E 1) l -0 a) a) V) 0_ ti) O Q -0 O 0 0_ C6 co o E-1-) vi • • rIC3 E -0 E O C O N c0 U Photos Courtesy of ODFW Background c oC co .o < . ?. -V) w a) O c-0 O cts U c -0 O v "1 / E ® O cvl U 4-1 0 0 w 0 seven eastern co v 1 L cu co 4J (13 c c o o U a� C C E u O U 1 a �/ 1ss O N l9 0 0 0 cu r nz a) a_ LL E ODFW Update Process U O 4U -C3 r (13 (6 ru E O .0 V) w CO R3 .E E O ro O D C:\1 O (73 U July 10, 2023: Release of draft maps August 2023: Planned open house in Brothers September 22, 2023: Deadline for Comments ODFW Update Process c (0 0 (0 4U 0 U -0 c co ca •- E E •> U cu DC c E 0_c) N O > a) > co 4) W Ln OAR 660=023=0 rti E 0 4J w OE a) O N b.° E O U 4- O 4) 4?)' 0 U .� Cri N O N ® E N co bOIv, p W CU co > 0 n habitat boundary (-26,573 acres) and in habitat boundary Non-federa cu n3 c ro w U c 4J 0 X ro 4- 0 0 cu J V O O L Q Q Q Q (13 Ci (13 tia) CI= ra 4J L eu o_ o_ To cu cu -o o tN >k C 0 U in w a+ 3 t u In 0) CI C 0 H a+ u CI. E a) 4-) ra 0 n 0 4 ) 0 0 0 c c U a) .0 c a) > c To kJ 0 owing rule adoption Required to implement fo Opportunity to provide comments within parameters 0 0 U +-) E E 0 U L m a) 0 c a) 0 0 CU 5 0 co c LL 0 0 L E 0 CU CU bl,) a) 4—) ca c c CU subsequent update L CU c C r3 0 L 0 cu u 0 N Ln 03 rn 2 a U Ln 1"=4.25Mi. N:Custom\County\CD D\Planning\PeterG\O DFWSageGrouse\2023Update... DRAFT 2023 ODFW Sage Grouse Habitat Area DRAFT ODFW Sage Grouse Habitat Area DRAFT ODFW Sage Grouse Core Habitat Area DRAFT ODFW Sage Grouse Low Density Habitat Area Existing Sage Grouse Habitat Area Sage Grouse Core Habitat Area Sage Grouse Low Density Habitat Area Sage Grouse General Habitat Area July 20, 2023 BOARD OF COMMISSIONERS AGENDA REQUEST & STAFF REPORT MEETING DATE: June 24, 2023 SUBJECT: Treasury Report for June 2023 ATTENDANCE: Bill Kuhn, County Treasurer DATE: TO: FROM: SUBJECT: July 11, 2023 Board of County Commissioners Bill Kuhn, Treasurer Treasury Report for June 2023 MEMORANDUM Following is the unaudited monthly treasury report for fiscal year to date (YTD) as of June 30, 2023. Treasury and Investments • The portfolio balance at the end of June was $274.1 million, a decrease of $15.6 million from May and an decrease of $8.8 million from last year (June 2022). • Net investment income for June was $170,157 approximately $355K less than last month and $41K greater than June 2022. YTD earnings of $4,859,799 are $3.3 million more than the YTD earnings last year. • All portfolio category balances are within policy limits. • The LGIP interest rate remained at 4.05% during the month of June. Benchmark returns for 24-month and 36- month treasuries are up from the prior month by 47 basis points and 45 basis points respectively. • Average portfolio yield is 2.36% which is higher than the prior month's average of 2.28%. • The portfolio weighted average time to maturity is 1.13 years, down from 1.16 years in April. Deschutes County Total Investment Portfolio As Of 6/30/2023 olio Breakdown: Par Value by Investment Type Municipal Debt Corporate Notes Tme Certificates U.S. Treasuries Federal Agencies LGIP First Interstate (Book Balance) Total Investments $ 43,675,000 39,321,000 1,245,000 53,000,000 99,795,000 23,695,495 13,361,396 $ 274,092,891 15.9% 14.3% 0.5 % 19.3% 36.4% 8.6% 4.9% 100.0% $20 $7.7 DA Davidson Portfolio by, Broker. $32.2 Robert W Baird & Co $41.0 $41.7 $43.7 $70.8 Moreton Great Pacific Piper Castle Oak Capital Securities Sandler Markets nvestment Income Total Investment Income Less Fee: $5,000 per month Investment Income - Net Prior Year Comparison Jun-23 $ 175,157 (5,000) $ 170,157 Jun-22 $ 128,854 Y-T-D $ 4,919,799 (60,000) 4,859,799 1,540,517 Category Maximums: U.S. Treasuries LGIP ($56,763,000) Federal Agencies Banker's Acceptances Time Certificates Municipal Debt Corporate Debt 100% 100% 100% 25% 50% 25% 25% Maturity (Years) Max 3.38 Weighted Average 1.13 FIB/ LGIP Investments Average Yield Percentages Current Month 4.05% 2.10% 2.36% Prior Month 4.05% 2.03% 2.28% Benchmarks 24 Month Treasury LGIP Rate 36 Month Treasury 4.87% 4.05% 4.49% Term Minimum Actual 0 to 30 Days Under 1 Year Under 5 Years 10% 25% 100% 17.0% 45.5% 100.0% Other Policy Actual Corp Issuer Callable Weighted Ave. 5% 25% AA2 2.4% 17.8% AA1 investment Activity Purchases in Month Sales/Redemptions in Month $ $ 17,135,000 5.50% 5.00% 4.50% 4.00% 3.50% 3.00% 2.50% 2.00% 1.50% 1.00% 0.50% 0.00% Jun Aug Oct County Rate 400,000,000 350,000,000 300,000,000 250,000,000 200,000,000 150,000,000 100,000,000 50,000,000 20,000,000 18,000,000 16,000,000 14,000,000 12,000,000 10,000,000 8,000,000 6,000,000 4,000,000 2,000,000 24 Month Historic Investment Returns Dec Feb Apr Jun Aug Oct Dec 2 Year Treasury Rate « Corporate Bond Rate Three Year Portfolio Balance Feb Apr Jun LGIP Rate ti9 00 0tititititititititi� ti� titi titii" c c •� c' Oe�>JP0OePQ>J� Five Year Maturity Distribution Schedule Jul-23 Nov-23 Mar- Jul-24 Nov-24 Mar- Jul-25 Nov-25 Mar- Jul-26 Nov-26 Mar- Jul-27 24 25 26 27 Y U p Y U Ora O m 7 Q) Y W � m 13 N 2 C O 6 � O � U L U LL CA N O N NCO N (0 T 00 2 N g > m M 2 i a 7 j0 2 0 L +U' m 7 Y m (0 N NN COCO O N CO M M M' O O O 01 N N N co N N N.N N N NN: 0000000 NN N NN N N N. rn. 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N O:O o 0 0 0 CO ▪ 0 7 0 N CO CO 00 o 0 0 0 H U 10 cn cn 0 0 0 U Un 10 0 U Z ZZ Z.. 000D' 22',22 O': (AD 0-- 0) N COO M (0 0. CO CO CO N` O 0) r O W N- CO h 0- N` r r 0 0000000000 CO O N c N tYl c a) cn } (n re K K K BOARD OF COMMISSIONERS AGENDA REQUEST & STAFF REPORT MEETING DATE: July 24, 2023 SUBJECT: Finance Report for June 2023 - Preliminary ATTENDANCE: Robert Tintle, Chief Financial Officer MEMORANDUM DATE: July 24, 2023 TO: Board of County Commissioners FROM: Robert Tintle, Chief Financial Officer SUBJECT: Finance Report for June 2023 Following is the unaudited monthly finance report for fiscal year to date (YTD) as of June 30, 2023. Budget to Actuals Report General Fund • Revenue YTD in the General Fund is $42.4M or 96.9% of budget. By comparison, last year revenue YTD was $40.3 and 98.8% of budget. • Expenses YTD are $43.4M and 95.4% of budget. By comparison, last year expenses YTD were $41.5M and 95.3% of budget. • Beginning Fund Balance is $13.8M or 106.7% of the budgeted $12.9M beginning fund balance. County Wide Financial Dashboard Fund Select all (Blank) 001 - General fund 010 - Assmt-Clerk... 020 - Code Abate... 030 - Community .,. 040 - Court Techn_. 050 - Economic D-.. 060 Goner -al Co,... 070 - General Co... 090 _ Project De•v... 120 - taw Library 130 - Park Acquisi... 132 - Park Develo.. Monthly GL Period 0 13 $11.2M (Blank) All Major Funds Requirements 95.4% Resources 96.9% Monthly Expenditures Last Year Actgals •Current Year Act 001 - General Fund Budget to Actuals Beginning Working Capital Budget to Actuals by Category •Actaals •Budget 6Projectton 95.3% ear budoet 12 100.0% Year Complete Monthly Revenues 98.9% % of last year budoet • Last Year Actuals •Current Year Actuals 10 106.7% Projected Ending Working Capital 511 2M • Budget • Projection 64 !sr Approved FTE 121.86 VACANT 2145', 1411) FILLED 78 55% On the attached pages you will find the Budget to Actuals Report for the County's major funds with actual revenue and expense data compared to budget through June 30, 2023. Position Control Summary Position Control Summary FY23 Org Jul Aug Sep Oct Nov Dec Jan Feb Mar April May June July -June Percent Unfilled Assessor Filled 33,26 31.00 32,00 31.00 31.00 33,26 32.26 32.26 32.26 32.26 32.63 32.26 Unfilled 2,00 4.26 - 3.26 4.26 4,26 . `2,00 3.00 3.00 .. 3,00, 3.00 2.63 3.00 8.90% Clerk Filled 9.48 9.48 10.48 10.48 10.48 10.48 10.48 9.48 9,48. 10.48 9.48 9.48 Unfilled 1.00 1.00 1.00 1.00 1,00 1.00 4.77% BOPTA -Filled 0.52 0.52 0.52 0,52 0.52 0.52 0.52 0.52 0.52 0.52 0.52 0.52 Unfilled 0,00% DA Filled 57.40 58.40 59.20 61.20 61,20 59.80 58.30 58.80 58.00 59.00 59.00 59.00 Unfilled 3.20 2.20 1.40 0.40 0.40 1.30 - 2.80 2.80 3.60 2.60 2.60 2.60 3.52% Tax Filled 5.50 5.50 6,50 6.50 6.50. 6.50 6.50 6.50 6.50 5.50. 5,50 5.50 Unfilled 1.00 1.00 - - - .- - - 1.00 1.00 1.00 6.41% Veterans' Filled 5.00 5.00 5.00 4.00 4.00 4.00 5.00 5.00 5,00 5.00 5.00 5.00 Unfilled . - - - 1.00 1.00 1.00 - - - - - - 5.00% Property Mgmt Filled 2.00 2.00 2.00 2.00 2.00 2.00 2,00 2.00 2.00 3.00 3.00 3.00 Unfilled 1.00 1,00 1.00 1,00 1,00 1.00 1.00 1.00 1.00 - - - 25.00% Total General Fund Filled 113.16 111.90 115.70 115.70 115.70 116.56 115.06 114.56 113.76 115.76 115.13 115.13 Unfilled 8.20 9.46 5.66 6.66 - 6.66 5.30 6.80 7.80 8,60 6.60 7,23 7.23 5.89% Justice Court Filled 4.60 4.60 4.60 4.60 4.60 4.60 4.60 4.60 4.60 4.60 4.60 4,60 Unfilled 0.00% Community Justice Filled 45.20 45.20 45.90 44.90 44.90 45.90 45.90 45.90 47,00 45.00 44.00 44.00 Unfilled 2.70 2.70 2.00 3.00 3.00 2.00 2.00 2.00 2.00 4.00 5.00 5.00 6.11% Sheriff Filled 218.25 232.25 230.25 230.25 231,75 229.75 228.75 235.75 233.75 232.25 231.25 230,75 Unfilled 44.75 30.75 32.75 32.75 31.25 33,25 36.25 29,25 31.25 32.75 33.75 34.25 12.72% Houseless Effort Filled - - 1.00 1.00 1.00 1.00 1.00 1.00 1.00 2.00 2.00 1.00 Unfilled 2.00 2.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 - - 1.00 50.00% Health Srvcs Filled 355.80 357.50 368.30 371.30 374.55 380.20 380.10 383.30 383.95 376.10 375,30 377.10 Unfilled 49.55 47.85 48.25 46.25 44.25 39,60 39.70 38.50 37.85 44.70 45.50 43.70 10.49% CDD Filled 59.80 58.80 59.80 58.80 59.80 57.80 57.80 58.80 58.80 57.80 56.80 57.80 Unfilled 12.20 13.20 12.20 13.20 12.20 14.20 6.20 5.20 5,20 6.20 7.20 6.20 13.90% Road Filled 55.00 55.00 58.00 57.00 58,00 58.00 57,00 57.00 58.00 56.00 57.00 56.00 Unfilled 6.00 6.00 3.00 4.00 3.00 3.00 4.00 4.00 3.00 5.00 4.00 5.00 6,83% Adult P&P Filled 35.55 35.55 35.85 34.85 34.85 34.85 34.85 33.85 33.75 33.75 33.75 32.75 Unfilled 5.30 5.30 5.00 6.00 6.00 6.00 6.00 7.00 6.00 6.00 6.00 7.00 14.74% Solid Waste Filled 27.00 26.00 28.00 26.00 27.00 28.00 27.00 28.00 30.00 30.00 30.00 30.00 Unfilled 3.00 4.00 2.00 4.00 3.00 2.00 3.00 2.00 - - - - 6.39% Victims Assistance Filled 8.00 8.00 8.00 8.50 8.50 8.50 7.50 7.50 7.50 7.50 8.00 7.50 Unfilled - - - - - - 1.00 2.00 2.00 2.00 1.50 2.00 9.95% GIS Dedicated Filled 2.30 2.30 2.30 2,30 2.30 2.30 2.30 2.30 2.30 2.30 . 2,30 2.30 Unfilled 0.00% Fair & Expo Filled 9.75 9.75 9.75 10.75 10.75 10.75 10.75 11.75 11.75 11.75 11.75 11.75 Unfilled 3.75 3.75 3.75 2.75 2.75 2.75 2.75 1.75 1.75 1.75 1.75 1.75 19.13% Natural Resource filled 1.00 - 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 Unfilled 1.00 2.00 2.00 2.00 - - - - - - - - 29.17% ISF-Facilities Filled 20.75 21.75 20.75 21.75 21.75 19.75 19.75 21.75 23.75 23.75 23.75 23.75 Unfilled 4.25 3.25 4.25 3.25 3.25 5.25 5.25 3.25 1.25 1.25 1.25 1.25 12.33% ISF -Admin Filled 8.75 8.75 9.75 10.75 10.75 10.75 9.75 9.75 9,75 9.75 9.75 8.75 Unfilled 2.00 2.00 1.00 - - - - - - - - 1.00 4.88% ISF - BOCC Filled 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 Unfilled - - - - - - - - - - - - 0.00% ISF - Finance Filled 10.00 8.00 10.00 10.00 10.00 12.00 12.00 12.00 12.00 12.00 12.00 12.00 Unfilled 1.00 3.00 1.00 1.00 1.00 - - - - - - - 5.04% ISF - Legal Filled 7.00 7.00 7.00 7.00 7.00 7.00 7.00 7.00 7.00 7.00 7.00 7.00 Unfilled - - - - - - - - - - - - 0.00% ISF -HR - Filled 9.00 9.00 9.00 9.00 9.00 9.00 9.00 9.00 9.00 9.00 8.80 9,00 Unfilled 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.20 1.00 10.17% ISF - IT Filled 16.70 16.70 16.70 16.70 16.70 15.70 15.70 16.70 15.70 15.70 15.70 15.70 Unfilled - - - - - 1.00 1.00 - 1.00 1.00 1.00 1.00 2.99% ISF - Risk Filled 2.25 2.25 2.25 2.25 2.25 2.25 3.25 3.25 3.25 3.25 3.25 3.25 Unfilled - - - - - - - - - 0.00% 911 Filled 52.00 51.00 49.57 50.57 51.57 52.10 50.10 52.10 52.10 52.10 51.10 52.57 Unfilled 8.00 9.00 10.43 9.43 8.43 7.91 9.91 7.91 7.91 7.91 8.91 7.43 14.33% Total: Filled 1,064.86 1,074.30 1,095.47 1,096.97 1,107.72 1,111.76 1,104.16 1,120.86 1,123.71 1,112.36 1,108.23 1,107.70 Unfilled 154.70 145.26 135.29 136.29 126.79 124.26 125.86 112.66 109.81 120.16 124.29 124.81 Total 1,219.56 1,219.56 1,230.76 1,233.26 1,234.51 1,236.01 1,230.01 1,233.51 1,233.51 1,232.51 1,232.51 1,232.51 A %Unfilled 12.68% 11.91% 10.99% 11.05% 10.27% 10.05% 10.23% 9.13% 8.90% 9.75% 10.08% 10.13% 10.43% A No FTE changes Budget to Actuals - Countywide Summary All Departments FY23 YTD June 30, 2023 (unaudited) RESOURCES 001 - General Fund 030 - Juvenile 160/170 - TRT 200 - American Rescue Fund 100.0% Year Complete Fiscal Year 2022 Fiscal Year 2023 Budget Actuals Budget Actuals 40,504,168 40,047,506 99% 901,143 1,007,843 112% 12, 578,435 13, 029,089 104% 19,000,000 14,281,402 75% 43,472,708 42,118,614 97% 1,010,203 937,248 93% 13,631,282 12,748,688 94% 105,186 26,783,955 999% Projection 43,159,671 99% 1,097,363 109% 12,748,691 94% 26,783,955 999% 220 - Justice Court 550,832 494,676 90% : 525,032 518,001 99% : 525,513 100% 255 - Sheriffs Office 44,947,745 45,776,980 102% ; 49,577,055 50,344,759 102% ; 50,344,761 102% 274 - Health Services 48,727,400 48,848,440 100% ; 57,787,985 58,746,905 102% ; ; 55,575,740 96% 295 - CDD 9,580,316 10,542,434 110% ; 11,675,519 9,456,744 81% ; 9,455,063 81% 325 - Road 22,629,649 24,768,506 109% ; 24,889,063 24,827,381 100% ; 25,939,057 104% 355 - Adult P&P 5,840,250 6,178,356 106% ; 6,134,018 6,246,168 102% ; 6,256,056 102% 465 - Road CIP 2,471,190 1,124,832 46% ; 1,943,063 377,583 19% ; 644,689 33% 610 - Solid Waste 13,350,600 13,930,834 104% ; 14,503,499 13,899,592 96% ; 13,899,597 96% 615 - Fair & Expo 1,395,724 1,779,723 128% ; 1,738,534 2,205,398 127% ; 2,211,799 127% 616 -Annual County Fair 1,560,500 1,922,671 123% 1,969,380 2,359,715 120% ; 2,378,277 121% 617 - Fair & Expo Capital 8,544 8,012 94% ; 7,414 239,492 999% ; 317,270 999% Reserve ' s e E 618 - RV Park 517,524 584,713 113% ; 642,252 577,636 90% ; 578,546 90% 619 - RV Park Reserve 7,546 6,354 84% ; 6,298 21,589 343% ; 21,589 343% 670 - Risk Management 3,146,973 4,409,440 140% ; 3,311,477 3,297,596 100% ; 3,395,547 103% 675 - Health Benefits 23,027,177 25,070,639 109% ; 23,658,700 24,657,721 104% ; 24,762,484 105% 705 - 911 12,019,306 12,896,533 107% ; 13,744,678 13,590,611 99% ; 14,094,706 103% 999 - Other ; 50,071,869 34,055,652 68% ; 58,702,131 58,761,299 100% ; 58,724,745 100% TOTAL RESOURCES ; 312,836,891 300,764,634 96% : 329,035,478 352,716,694 107% ; : 352,915,119 107% ; Fiscal Year 2022 1 Fiscal Year 2023 REQUIREMENTS Budget 001 - General Fund 030 - Juvenile 160/170 - TRT 200 - American Rescue Fund 220 - Justice Court Actuals Budget Actuals OA 21,298,809 19,383,248 91% 24,337,373 22,279,529 92% 7,496,355 6,674,328 89% 7,928,538 7,243,196 91% 4,010,388 3,826,539 95% ; 13,123,218 11,614,199 89% 38,000,000 14,187,441 37% 23,129,361 14,354,838 62% 736,142 690,802 94% ; 766,183 Projection 23,749,439 98% 7,542,683 95% 11,823,834 90% 14,378,936 62% 724,677 95% 756,088 99% Budget to Actuals - Countywide Summary =r; All Departments FY23 YTD June 30, 2023 (unaudited) 255 - Sheriff's Office 274 - Health Services 295 - CDD 325 - Road 355 - Adult P&P 465 - Road CIP 610 - Solid Waste 615 - Fair & Expo 616 - Annual County Fair 617 - Fair & Expo Capital Reserve 618 - RV Park 619 - RV Park Reserve 670 - Risk Management 675 - Health Benefits 705 - 911 999 - Other TOTAL REQUIREMENTS 54,162,360 58,872,642 9,978,889 15,024,128 7,079,915 29,722,691 9,709,991 2,504,877 1,468,131 568,000 552,188 100,000 6,427,292 29,424,393 14,563,007 86,872,890 51,382,461 51,718,597 8,963,943 13,771,124 6,392,578 8,106,117 8,792,122 2,626,480 1,352,783 7,670 95% 88% 90% 92% 90% 27% 91% 105% 92% 1% 466,135 84% 885 1% 4,982,451 78% 29,294,027 100% 10,896,900 75% 41,149,853 47% 60,415,533 70,979,127 11,233,304 16,188,996 7,575,910 28,387,166 11,754,672 3,098,054 1,972,030 870,000 594,181 100,000 5,887,806 31,769,217 17,709,497 108,784,843 57,010,514 94% 60,829,476 86% 9,250,859 82% 13,310,980 82% 6,570,928 87% 16,038,873 57% 10,311,468 88% 3,254,426 105% 2,041,776 104% 461,107 53% 489,585 82% 5,532 6% 2,890,281 49% 28,609,182 90% 13,123,775 74% 57,287,079 53% 398,573,088 284,666,484 71% 446,605,009 337,702,279 76% 100.0% Year Complete 58,851,716 97% 63,481,445 89% 9,481,591 84% 15,572,519 96% 6,927,314 91% 22,913,621 81% 10,944,421 93% 3,275,145 106% 2,061,769 105% 870,000 100% 504,209 85% 6,000 6% 3,018,090 51% 31,293,967 99% 17,078,981 96% 97,607,097 90% 402,138,864 90% `��TES`°GZ Budget to Actuals - Countywide Summary ,-� All Departments FY23 YTD June 30, 2023 (unaudited) TRANSFERS 001 - General Fund 030 - Juvenile 160/170 - TRT 220 - Justice Court 255 - Sheriffs Office 274 - Health Services 295 - CDD 325 - Road 355 - Adult P&P 465 - Road CIP 610 - Solid Waste 615 - Fair & Expo 616 - Annual County Fair 617 - Fair & Expo Capital Reserve 618 - RV Park 619 - RV Park Reserve 670 - Risk Management 705 - 911 999 - Other TOTAL TRANSFERS 100.0% Year Complete Fiscal Year 2022 1 Fiscal Year 2023 I Budget Actuals OA Budget Actuals % Projection (21,952,604) (21,807,006) 99% (20,871,416) (20,849,145) 100% ; 6,223,387 6,223,387 100% ; 6,452,997 6,452,988 100% ; (6,024,574) (5,916,413) 98% ; (6,021,446) (6,031,404) 100% ; 240,956 196,126 81% ; 263,217 263,208 100% ; 3,500,737 3,501,246 100% ; 3,448,587 3,449,098 100% ; 6,122,830 6,122,830 100% ; 8,007,942 6,902,640 86% ; (270,622) (1,159,207) 428% ; (911,585) (884,997) 97% ; (11,757,547) (11,757,547) 100% ; (12,330,136) (12,330,136) 100% ; 471,072 471,071 100% ; 267,532 267,516 100% ; 12,193,917 10,672,113 88% ; 14,230,313 9,778,721 69% ; (6,029,323) (6,029,323) 100% ; (5,299,665) (3,453,956) 65% ; 962,736 918,804 95% ; 704,127 704,124 100% ; (75,000) (75,000) 100% ; (156,706) (156,696) 100% ; 798,901 779,502 98% ; 1,149,827 1,149,804 100% ; 47,958 47,958 100% ; (81,566) (81,572) 100% ; 132,042 132,042 100% ; 261,750 261,564 100% ; (3,500) (3,500) 100% ; (3,500) (3,492) 100% ; - 0% ; (59,900) (59,900) 100% ; ; 15,418,726 17,682,916 115% ; 10,959,373 14,691,635 134% 91 0 9,745 70,000 7.18% % (19,678,572) 94% 6,452,997 100% (6,031,444) 100% 263,217 100% 3,448,587 100% 6,106,609 76% (830,050) 91% (12,330,136) 100% 267,532 100% 14,131,212 99% (3,453,962) 65% 704,126 100% (156,706) 100% 1,149,827 100% (81,566) 100% ; 261,566 100% ; (3,500) 100% ; (59,900) 100% ; 9,840,163 90% ; 1 0% eTESQG2� Budget to Actuals - Countywide Summary =�,,2 All Departments FY23 YTD June 30, 2023 (unaudited) 100.0% Year Complete Fiscal Year 2022 1 Fiscal Year 2023 ENDING FUND BALANCE Budget 001 - General Fund 030 - Juvenile 160/170 - TRT 200 - American Rescue Fund 220 - Justice Court 255 - Sheriffs Office 274 - Health Services 295 - CDD 325 - Road 355 - Adult P&P 465 - Road CIP 610 - Solid Waste 615 - Fair & Expo 616 - Annual County Fair 617 - Fair & Expo Capital Reserve 618 - RV Park 619 - RV Park Reserve 670 - Risk Management 675 - Health Benefits 705-911 999 - Other Actuals % Budget Actuals 10,723, 375 13,847,827 129% 596,681 1,522,125 255% 8,433,816 9,475,532 112% 108,098 999% 55,646 0% 12,160,633 15,162,285 125% 6,011,534 13,942,649 232% 763,172 2,168,956 284% 2,231,806 7,806,356 350% 1,971,182 3,238,905 164% 5,316,460 27,223,832 512% 583,520 3,066,662 526% 604,256 995,519 165% 17,369 385,854 999% 1,341,108 1,809,440 135% 11,239,637 12,837,768 634,663 1,669,165 4,000,000 4,578,617 12,537,215 22,066 56,532 7,024, 650 11,945,627 6,045,519 18,762,717 1,627,134 1,489,844 2,262,898 6,992,622 1,925,640 3,181,660 12,334,484 21,341,263 556,359 3,200,831 315,960 650,615 225,358 547,098 1,587,183 2,737,630 13,294 166,536 999% ; 82,920 173,015 824,054 1,191,937 145% ; 1,340,766 1,469,557 5,045,296 8,944,938 177% ; 5,107,351 9,348,762 8,375,402 11,304,191 135% ; 3,815,139 7,352,730 9,307,082 12,708,705 137% ; 8,926,080 13,115,641 55,322,038 95,096,396 172% ; 56,596,539 115,128,055 TOTAL FUND BALANCE : 129,697,724 230,166,744 177% : 125,670,346 249,116,963 Projection 0/0 13,579,488 121% 1,529,802 241% ; 4,368,944 109% 12,513,118 999% 32,642 148% ; 10,103,917 144% 12,143,553 201% ; 1,312,379 81% ; 5,842,758 258% 2,835,179 147% ; 19,086,112 155% ; 2,567,876 462% 636,300 201% 545,656 242% ; 2,406,537 152% ; 159,307 192% ; 1,469,092 110% ; 9,318,895 182% ; 4,772,707 125% ; 9,664,529 108% ; 69,903,950 124% ; 184,792,742 147% ; Vj( ES Budget to Actuals Report General Fund - Fund 001 FY23 YTD June 30, 2023 (unaudited) RESOURCES Property Taxes - Current Property Taxes - Prior Other General Revenues Assessor Clerk BOPTA District Attorney Tax Office Veterans Property Management TOTAL RESOURCES REQUIREMENTS Assessor Clerk BOPTA District Attorney Medical Examiner Tax Office Veterans Property Management Non -Departmental TOTAL REQUIREMENTS TRANSFERS Transfers In Transfers Out TOTAL TRANSFERS FUND BALANCE Beginning Fund Balance Resources over Requirements Net Transfers - In (Out) A B c D E F 6 H J K TOTAL FUND BALANCE 100.0% Year Complete Fiscal Year 2022 Fiscal Year 2023 Budget Actuals Budget Actuals • Projection 32,410,716 460,000 2,689,926 987,411 2,741,215 14,588 448,201 341,004 259,107 152,000 32,791,880 337,612 2,880,344 886,514 2,225,591 13,216 258,776 321,554 182,018 150,000 101% 73% 107% 90% 81% 91% 58% 94% 70% 99% 34,467,173 301,000 3,591,874 964,246 2,298,566 14,588 1,183,942 221,483 214,836 215,000 34,606,785 100% 330,065 110%! 4,029,904 112% 9 , 519,417 54% 1,283,257 56% 6,725 46% 1,045,245 90,645 41% 136,514 64% 70,058 33% 88% 40,504,168 40,047,506 99% 43,472,708 42,118,614 97% Budget Actuals Budget Actuals 5,454,784 2,080,739 82,911 9,715,707 242,652 932,570 795,189 380,061 1,614,196 5,157,534 1,735,214 77,147 8,677,696 241,582 886,019 762,328 360,274 1,485,453 95% 83% 93% 89% 100% 95% 96% 95% 92% 5,910,478 2,432,710 92,177 10,979,839 438,702 905,262 809,390 508,359 2,260,456 5,281,086 89% 2,062,334 85% 80,668 10,330,370 94% 320,660 73% 816,137 90% 742,661 92% 409,820 81% 2,235,794 88% 99% 21,298,809 19,383,248 91% 24,337,373 22,279,529 92% Budget Actuals • Budget Actuals % $ Variance 34,606,786 100% 330,066 110% B 4,029,905 112% A 964,246 100% , 1,378,819 60% 1 14,588 100% 9 1,183,942 100% 221,483 100% 214,836 100% 215,000 100% 139,613: A 29,066, 438,031 I e B (919,747)'t C D t E 43,159,671 99% (313,037): Projection % $ Variance 5,533,248 2,345,190 88,553 11,065,160 371,702 863,152 805,680 440,959 2,235,795 23,749,439 94% 96% s 96% , 101% 85% 95% 100% 87% 99% 7 98% 377,230: F 87,520. G 3,624: (85,321); H 67,000. 42,110: G 3,710; G 67,400; G 24,661 8 587,934: • Projection % $ Variance 260,000 260,000 100% , 260,000 260,436 100% : : 260,439 100% : 439: J (22,212,604) (22,067,006) 99% , (21,131,416) (21,109,581) 100% . (19,939,011) 94% , 1,192,405, K o a s (21,952,604) (21,807,006) 99% ; (20,871,416) (20,849,145) 100% ; :(19,678,572) 94% ; 1,192,844; Budget Actuals • Budget Actuals • Projection % $ Variance 13,470,620 14,990,575 111% : 12,975,718 13,847,828 107% 19,205,359 20,664,258 19,135,335 19,839,085 o (21,952,604) (21,807,006) ; (20,871,416) (20,849,145) ; $ 10,723,375 $ 13,847,828 129% ; $ 11,239,637 $ 12,837,768 114% ; 13,847,828 107% i B c 19,410,233 (19,678,572) 872,110: 274,898' 1,192,844' $ 13,579,488 121% ; $2,339,851: Preliminary reports - Actuals are not final until year-end is complete. Current year taxes received primarily in November, February and May; actual FY22-23 TAV is 5.50% over FY21-22 vs. 5.55% budgeted PILT payment of $500,000 received in July 2022; includes -$585K for a State Grant that will be passed through to Neighborlmpact for domestic well assistance Recording fees expected to be lower than budget due to decreased loan origination volume from rising interest rates Oregon Dept. of Veteran's Affairs grant reimbursed quarterly Interfund land -sale management revenue recorded at year-end Projected savings based on vacancy and other personnel cost reductions to date Projected savings based on vacancy and other personnel cost reductions to date Projected Personnel overage related to retirement vacation pay -out and payroll alignment accruals Includes $100K loan to Alfalfa Fire District Repayment to General Fund from Finance Reserves for ERP Implementation Estimating Behavioral Health will return approximately $1.2M of County General Funds in FY23 v1ES Budget to Actuals Report Juvenile - Fund 030 FY23 YTD June 30, 2023 (unaudited) RESOURCES OYA Basic & Diversion ODE Juvenile Crime Prev Gen Fund -Crime Prevention Leases Inmate/Prisoner Housing DOC Unif Crime Fee/HB2712 Miscellaneous OJD Court Fac/Sec SB 1065 Food Subsidy Contract Payments Interest on Investments TOTAL RESOURCES REQUIREMENTS 100.0% Year Complete Fiscal Year 2022 Fiscal Year 2023 Budget Actuals Budget Actuals 432,044 100,517 89,500 88,000 80,000 49,339 7,500 20,000 12,000 8,000 14,243 500,765 117,184 89,500 89,154 92,400 50,462 29,113 10,291 11,380 9,947 7,647 116% 117% 100% 101% 116% 102% 388% 51% 95% 124% 54% 525,049 123,000 89,500 86,000 55,000 49,339 42,500 15,000 10,000 8,000 6,815 407,250 74,385 89,500 90,228 127,050 37,847 51,809 13,074 12,342 4,322 29,441 901,143 1,007,843 112% ; 1,010,203 937,248 78% s 60% 100% 105% 231% 77% a 122% 87% 123% 54% 432% 93% Budget Actuals Budget Actuals Personnel Services 6,082,895 5,411,118 89% : 6,292,271 5,842,883 Materials and Services 1,363,409 1,249,983 92% , 1,527,992 1,371,686 Capital Outlay 50,051 13,226 26% ! 108,275 28,627 c s TOTAL REQUIREMENTS ; 7,496,355 6,674,328 89% : 7,928,538 7,243,196 91% ; TRANSFERS 93% 90% 26% , s Projection % $ Variance 525,049 100% 107,720 89,500 90,228 105% a 128,000 233% I , 43,271 88% 51,810 122% 15,000 100% 12,343 123% 5,000 63% 29,442 432% 88% _ 100% a (15,280) A 4,228, B B 73,000! C (6,068); D 0 9,310; E 2,343! F (3,000); G 22,627T H 1,097,363 109% ; 87,160; Projection % $ Variance 6,026,726 96% ; 1,407,682 92% 108,275 100% 7,542,683 95% 265,545:1 120,310;s J 385,855: Budget Actuals Budget Actuals Transfers In- General Funds 6,304,397 Transfers Out-Veh Reserve (81,010) TOTAL TRANSFERS 6,223,387 FUND BALANCE Beginning Fund Balance Resources over Requirements Net Transfers - In (Out) A B C D E F G H J TOTAL FUND BALANCE 6,304,397 100% (81,010) 100% 6,223,387 100% 6,529,064 (76,067) 6,452,997 Projection % $ Variance 6,529,044 100% es (76,056) 100% c i 6,452,988 100% Budget Actuals Budget Actuals 968,506 (6,595,212) 6,223,387 965,223 100% ; (5,666,485) 6,223,387 1,100,001 (6,918,335) 6,452,997 6,529,064 100% (76,067) 100% 6,452,997 100% Projection % $ Variance 1,522,125 138% s s (6,305,949) ; ; 6,452,988 $ 596,681 $ 1,522,125 255% $ 634,663 $ 1,669,165 263% 1,522,125 138%; 422,125: (6,445,320) 473,015; 6,452,997 e $ 1,529,802 241% ; $895,139: Preliminary reports - Actuals are not final until year-end is complete. Two year grant adjusted amount based on 2022 spending. New lease payment for JBarJ. Out of county utilization for last two months is higher than anticipated based on original projection. Can shift daily based on intake activity. Department of Corrections expecting a reduction in final payment. Expungement revenue higher than originally projected and received additional funding from JCP/ODE. Reimbursement for meals through Oregon Department of Education higher than anticipated. Fewer contracted community service projects. Investment Income projected to come in higher than budget. Projected savings based on vacancy and other personnel cost reductions to date Savings based on current expense trends for materials and services. 'TES Budget to Actuals Report TRT - Fund 160/170 FY23 YTD June 30, 2023 (unaudited) RESOURCES Room Taxes Interest on Investments Miscellaneous TOTAL RESOURCES REQUIREMENTS Grants & Contributions COVA Interfund Charges Administrative Software TOTAL REQUIREMENTS TRANSFERS Transfer Out - RV Park Transfer Out - Annual Fair Transfer Out - Justice Court Transfer Out - Health Transfer Out - F&E Reserve Transfer Out - F&E Transfer Out - Sheriff TOTAL TRANSFERS FUND BALANCE Beginning Fund Balance Resources over Requirements Net Transfers - In (Out) TOTAL FUND BALANCE 100.0% Year Complete Fiscal Year 2022 Fiscal Year 2023 Budget Actuals Budget Actuals 12,519,987 58,448 12,977,205 104% 51,884 89% e 1 13,580,874 50,408 Projection % $ Variance 12,652,871 93% 1 e 95,656 190% 1 1 161 12,652,872 93% :(928,002): A 95,657 190% . 45,249. 1 1 161 161. 12,578,435 13,029,089 104% : 13,631,282 12,748,688 94% ; , 12,748,691 94% : (882,591): Budget Actuals • Budget Actuals 3,660,659 239,526 15,203 95,000 3,512,891 96% 239,526 100% 9,365 62% 64,758 68% 5,600,000 3,675,886 3,574,573 225,508 47,251 Projection % $ Variance 4,600,000 82% 1 ! 3,215,451 87% 3,574,573 100% B 178,050 79% ; s 1 46,125 98% . 4,600,000 82% 3,413,271 93% 3,574,573 100% 188,739 84% 47,251 100% 1,000,000: B 262,615; C D 36,769; 4,010,388 3,826,539 95% ; 13,123,218 11,614,199 89% ; : 11,823,834 90% ; 1,299,384: Budget Actuals Budget Actuals % (20,000) (75,000) (240,956) (444,417) (498,901) (1,093,513) (3,651,787) (6,024,574) (20,000) 100% (75,000) 100% (196,126) 81% (444,417) 100% (479,502) 96% (1,049,581) 96% (3,651,787) 100% (5,916,413) 98% (20,000) (75,000) (263,217) (418,417) (501,683) (1,091,342) (3,651,787) (6,021,446) (19,992) (75,000) (263,208) (418,416) (501,672) (1,101,336) (3,651,780) (6,031,404) Projection % $ Variance 100% 100% B I 100% . 100% 11 100% 101% 100% 100% (20,000) (75,000) (263,217) (418,417) (501,683) (1,101,340) (3,651,787) 100% 100% 1 100% 100% 100% 101% 100% 1 E (9,998); F (6,031,444) 100% ; (9,998): Budget Actuals • Budget Actuals 5,890,343 8,568,047 (6,024,574) 6,189,395 105% 9,202,550 (5,916,413) 9,513,382 508,064 1 (6,021,446) Projection % $ Variance 9,475,532 100% 1,134,490 (6,031,404) ; o $ 8,433,816 $ 9,475,532 112% ; $ 4,000,000 9,475,532 100% 924,857 (6,031,444) . (37,850). 416,793; (9,998); $ 4,578,617 114% ; $ 4,368,944 109% ; $368,944: Preliminary reports - Actuals are not final until year-end is complete. A Room tax projection reflects actuals through June g Includes contributions of $4M to Sunriver Service District and $600K to Deschutes Trail Coalition; $1 M budgeted for Mt. Bachelor will be paid in FY24 C Payments to COVA based on a percent of TRT collections D Includes -$3.5M for Interfund Payments to the General County Reserve Fund E The balance of the 1 % F&E TRT is transferred to F&E reserves F Transfer projected to be lower based on decreased Room Tax revenue Budget to Actuals Report ARPA — Fund 200 FY23 YTD June 30, 2023 (unaudited) RESOURCES Interest on Investments Local Assistance & Tribal Consistency State & Local Coronavirus Fiscal Recovery Funds 100.0% Year Complete Fiscal Year 2022 Fiscal Year 2023 Budget Actuals Budget Actuals 93,961 19, 000, 000 14,187,441 75% 105,186 293,106 279% 2,311,073 24,179,776 TOTAL RESOURCES 19,000,000 14,281,402 75% REQUIREMENTS Services to Disproportionately Impacted Communities Administrative Infrastructure Negative Economic Impacts Public Health TOTAL REQUIREMENTS FUND BALANCE Beginning Fund Balance Resources over Requirements Net Transfers - In (Out) TOTAL FUND BALANCE 105,186 26,783,955 999% Projection % $ Variance 293,106 279% 2,311,073 24,179,776 187,920: A 2,311,0731 B 24,179,776 26,783,955 999% 26,678,769: Budget Actuals % Budget Actuals % Projection % $ Variance 20,650,098 5,242,251 25% 15,394,824 11,526,527 75% 5,281,005 143,079 3% 4,317,328 141,035 3% 2,050,000 527,275 26% 1,634,710 777,699 48% 6,285,840 5,488,685 87% 899,577 927,155 103% 3,733,057 2,786,152 75% 882,922 982,422 111% 1 9 1 38,000,000 14,187,441 37% : 23,129,361 14,354,838 62% ; , Budget Actuals Budget Actuals 19,000,000 14,137 0% (19,000,000) 93,961 23,024,175 108,098 0% (23,024,175) 12,429,117 11,536,994 75% 3,857,830 145,125 3% 4,172,203 E 777,700 48% 857,010! F 927,156 103% ; (27,579); G 991,961 112% ; 1 1 (109,039); H 14,378,936 62% ; 8,750,425: Projection % $ Variance 108,098 0% (22,916,077j 12,405,020 35,429,195i o � - $ 108,098 999% ; - $ 12,537,215 999% ; , $ 12,513,118 999% :$12,513,118: Preliminary reports — Actuals are not final until year-end is complete. A Investment Income projected to come in higher than budget g A budget adjustment for additional Local Assistance & Tribal Consistency funds is forthcoming c The revenue received in FY22, but unspent at 06.30.22, was recorded as Deferred Revenue and recognized in FY23 D Includes $6.77M in childcare/early education funding, $6.9M in housing support for unhoused persons and over $7.3M in affordable housing projects E Administration holds the balance of the ARPA funds, as well as an approved Management Analyst for ARPA reporting and administration F Consists of modernization of irrigation systems, Terrebonne wastewater system, and a regional broadband infrastructure needs and assessment G Majority of funding is for food programs, $2.5 million in small business assistance and additional funding for Ronald McDonald House and an Apprenticeship jobs program H Approved ARPA funding consists of Isolation Motel Liability Insurance, COVID-19 testing done by Dr. Young, UV sanitizer for the jail to prevent COVID-19 in congregate settings and various Health Services expenses such as temporary staffing costs to support the COVID-19 response Budget to Actuals Report Justice Court - Fund 220 FY23 YTD June 30, 2023 (unaudited) RESOURCES Court Fines & Fees Interest on Investments Miscellaneous 100.0% Year Complete Fiscal Year 2022 Fiscal Year 2023 Budget Actuals Budget Actuals 550,000 95 737 494,265 90% 45 48% 365 50% 525,000 517,489 99% 32 513 999% B B Projection % $ Variance 525,000 100% 513 999% 481! A TOTAL RESOURCES 550,832 494,676 90% 525,032 518,001 99% ; , 525,513 100% ; 481: REQUIREMENTS Budget Actuals Budget Actuals OA Projection % $ Variance Personnel Services 577,209 541,792 94% : 604,648 576,361 95% : : 594,553 98% = 10,095: B Materials and Services 158,933 149,011 94% ! 161,535 148,316 92% e ° 161,535 100% : C TOTAL REQUIREMENTS : 736,142 690,802 94% : 766,183 724,677 95% : : 756,088 99% : 10,095: TRANSFERS Transfers In - TRT TOTAL TRANSFERS Resources over Requirements Net Transfers - In (Out) TOTAL Budget Actuals % Budget Actuals % Projection % $ Variance 240,956 196,126 81% 240,956 196,126 81% 263,217 263,208 100% : : 263,217 100% e � o 263,217 263,208 100% ; ; 263,217 100% (185,310) (196,126) 240,956 196,126 $ 55,646 - 0% (241,151) (206,676) 263,217 263,208 $ 22,066 $ 56,532 256% (230,575) 10,576i 263,217 $ 32,642 148% ; $10,576: Preliminary reports - Actuals are not final until year-end is complete. A Investment Income projected to come in higher than budget g Projected overage related to payroll alignment accruals c One time yearly software maintenance fee paid in July for entire fiscal year uTES Budget to Actuals Report Sheriff's Office - Fund 255 FY23 YTD June 30, 2023 (unaudited) RESOURCES LED #1 Property Tax Current LED #2 Property Tax Current Sheriffs Office Revenues LED #1 Property Tax Prior LED #2 Property Tax Prior LED #1 Interest LED #2 Interest LED #2 Foreclosed Properties LED #1 Foreclosed Properties TOTAL RESOURCES REQUIREMENTS Digital Forensics Concealed Handgun Licenses Rickard Ranch Sheriffs Services Civil/Special Units Automotive/Communications Detective Patrol Records Adult Jail Court Security Emergency Services Special Services Training Other Law Enforcement Non - Departmental TOTAL REQUIREMENTS TRANSFERS Transfer In - TRT Transfer In - General Fund Transfers Out - Debt Service TOTAL TRANSFERS FUND BALANCE Beginning Fund Balance Resources over Requirements Net Transfers - In (Out) TOTAL FUND BALANCE 100.0% Year Complete Fiscal Year 2022 Fiscal Year 2023 Budget Actuals Budget Actuals 28,448,529 11,813,562 3,993,964 330,000 145,000 147,416 69,274 28,828,746 101% 11,962,302 101% 4,407,029 110% 288,862 88% 118,145 81% 96,152 65% 24,356 35% 15,070 36,317 30,282,049 13,400,541 5,307,630 330,000 145,000 89,119 22,716 30,451,623 101% 13,403,306 100% 5,740,594 108% 277,442 84% e 114,469 79% 283,971 319% 73,353 323% 44,947,745 45,776,980 102% 49,577,055 50,344,759 102% Budget Actuals Budget Actuals 4,002,499 1,154,204 3,576,342 3,029,130 14,015,461 1,025,023 21,033,697 444,617 789,912 1,775,588 1,626,207 1,389,684 299,998 4,208,992 105% 1,112,473 96% 3,738,777 105% 3,013,632 99% 13,440,565 96% 735,218 72% 18,807,184 89% 431,758 97% 543,303 69% 2,053,196 116% 1,786,439 110% 1,510,925 109% - 0% 808,610 335,044 264,871 5,863,885 1,168,300 3,765,888 3,583,825 14,880,315 904,493 22,809,320 424,769 829,997 2,047,792 1,907,588 820,836 826,989 335,654 275,289 5,101,925 1,077,547 3,616,827 4,011,584 14,532,420 670,912 20,347,151 604,582 535,139 2,313,279 1,907, 586 853,630 102% 100% 104% 87% 92% 96% 112% 98% 74% 89% 142% 64% 113% o 100% , i 104% i 0% 54,162,360 51,382,461 95% 60,415,533 57,010,514 94% Budget Actuals Budget Actuals 3,651,787 121,950 (273,000) 3,500,737 3,651,787 100% 121,950 100% (272,491) 100% 3,501,246 100% 3,651,787 70,000 (273,200) 3,448, 587 Projection % $ Variance 30,451,623 101% e 13,403,307 100% I 5,740,595 108% 277,442 84% 114,469 79% 283,971 319% 73,353 323% 169,574: A 2,766; B 432,964; C (52,558); i (30,531); 194,852, C 50,637: D 50,344,761 102% ; 767,705: Projection % $ Variance 848,604 337,165 275,988 5,169,133 1,101,522 3,632,423 4,100,855 15,455,676 684,284 20,844,367 618,473 545,542 2,368,143 1,943,399 926,141 105% 101% 104% 88% e 94% I 96% 114% 104% 76% 91% 1 146% i 66% 116% 102% 113% 100% (39,994) (2,121); (11,117); 694,752; I 66,778; I 133,465; (517,030) (575,361); 220,209 1,964,953 (193,704); 284,455 (320,351); (35,811) I (105,305); 58,851,716 97% 1,563,818: Projection % $ Variance 3,651,780 100% e 69,996 100% (272,678) 100% i 3,449,098 100% Budget Actuals Budget Actuals 17,874,511 17,266,520 97% : 14,414,541 (9,214,615) (5,605,481) ; (10,838,478) 3,500,737 3,501,246 ; 3,448,587 $ 12,160,633 $ 15,162,285 125% ; $ 7,024,650 $ 11,945,627 170% 15,162,285 105% (6,665,756) 3,449,098 3,651,787 100% 70,000 100% (273,200) 100% 3,448,587 100% Projection % $ Variance 15,162,285 105% (8,506,955) 747,744: 2,331,523; 3,448,587 $ 10,103,917 144% ; $3,079,267: Preliminary reports - Actuals are not final until year-end is complete. A Current year taxes received primarily in November, February and May; actual FY22-23 TAV is 5.50% over FY21-22 vs. 5.55% budgeted B Current year taxes received primarily in November, February and May; actual FY22-23 TAV is 4.79% over FY21-22 vs. 5.45% budgeted c Investment Income projected to come in higher than budget D Investment Income projected to come in higher than budget Budget to Actuals Report Health Services - Fund 274 FY23 YTD June 30, 2023 (unaudited) RESOURCES State Grant OHP Capitation State Miscellaneous OHP Fee for Service Federal Grants Local Grants Environmental Health Fees Other State - Medicaid/Medicare Patient Fees Medicaid State - Medicare Vital Records Liquor Revenue Divorce Filing Fees Interfund Contract- Gen Fund State Shared- Family Planning Interest on Investments CCBHC Grant TOTAL RESOURCES , 48,727,400 48,848,440 100% ; 57,787,985 58,746,905 102% ; 55,575,740 96% ; (2,212,245): 100.0% Year Complete Fiscal Year 2022 Fiscal Year 2023 Budget Actuals OA Budget Actuals 17,641,302 16,634,837 94% 0 22,223,536 23,154,252 104% , 8,947,837 11,776,144 132% , 12,882,624 12,030,341 93% 4,129,465 3,518,729 85% a 8,901,719 7,000,596 79% 1 3,627,151 4,032,343 111% 3,232,620 4,954,746 153% 4,303,483 4,090,251 95% 2,615,634 1,997,745 76% I 1,936,838 3,350,227 173% 2,332,031 2,289,905 98% 1,086,019 1,213,172 112% 1,238,499 1,323,280 107% e i 884,036 866,362 98% 1,169,317 2,034,486 174% , 843,050 777,348 92% 807,530 1,139,397 141% 468,415 538,392 115% 615,644 703,246 114% 1,014,100 750,524 74% 430,863 709,547 165% 172,200 194,470 113% = 337,614 223,177 66% , 280,000 342,960 122% 300,000 335,790 112%, 157,000 199,100 127% 177,574 134,751 76% I 173,030 178,331 103% a 173,030 63,178 37% 127,000 127,000 100% 127,000 127,000 100% 152,634 118,228 77% 125,000 134,688 108% 1 156,549 101,438 65% 97,750 390,781 400% I 2,627,291 38,587 1% , Projection % $ Variance 18,839,403 85% (3,384,133): 12,088,181 94% (794,443); 7,739,241 87% (1,162,478) 1 I 5,229,014 162% , 1,996,394; 2,409,154 92% (206,480); 1 1,705,858 73% I (626,173); 1,336,937 108% , 98,438, I 1,973,976 169% i = 804,659: 1,234,325 153% : 426,795 755,466 123% ; 139,822. 768,716 178% ; 337,853 241,776 72% (95,838) 346,472 115% 46,472 177,574 100% o , I 63,178 37% _ (109,852); 127,000 100% a 1 148,688 119% 23,688; 390,781 400% 293,031 REQUIREMENTS Budget Actuals Budget Actuals Administration Allocation Personnel Services Materials and Services Capital Outlay TOTAL REQUIREMENTS TRANSFERS 43,994,358 39,393,426 90% 14,721,284 12,243,043 83% 157,000 82,128 52% 58,872,642 51,718,597 88% 50,658,752 46,935,239 19,393,800 13, 488, 657 926,575 405,580 70,979,127 60,829,476 0% 93% 70% 44% 86% Projection % $ Variance I P - 0% 48,248,254 95% 14,556,970 75% 676,221 73% 63,481,445 89% 2,410,498, 4,836,831 250,354 9 7,497,683: Budget Actuals % Budget Actuals Projection % $ Variance Transfers In- General Fund 5,909,168 5,909,168 100% : 6,608,245 6,608,136 100% : ; 5,435,840 82% : (1,172,405): Transfers In- OHP Mental Health ! 1 1,473,586 368,382 25% ; ' 744,658 51% ' (728,928); Transfers In - TRT 444,417 444,417 100% = 418,417 418,416 100% . ' 418,417 100% Transfers Out 1 (230,755) (230,755) 100% ! (492,306) (492,294) 100% ! : (492,306) 100% 7 I ; , 1 TOTAL TRANSFERS 6,122,830 6,122,830 100% : 8,007,942 6,902,640 86% : : 6,106,609 76% : (1,901,333): FUND BALANCE Budget Actuals Budget Actuals % Projection % $ Variance Beginning Fund Balance 10,033,946 10,689,975 107% : 11,228,719 13,942,649 124% o : 13,942,649 124% : 2,713,929: Resources over Requirements ; (10,145,242) (2,870,157) ; (13,191,142) (2,082,571) ; ; (7,905,705) ; 5,285,438; Net Transfers - In (Out) 6,122,830 6,122,830 8,007,942 6,902,640 1 1 6,106,609 ; (1,901,333); 1 I I I 1 TOTAL FUND BALANCE $ 6,011,534 $ 13,942,649 232% ; $ 6,045,519 $ 18,762,717 310% e ; $ 12,143,553 201% ; $6,098,034: Budget to Actuals Report Health Services - Admin - Fund 274 FY23 YTD June 30, 2023 (unaudited) RESOURCES Federal Grants State Grant OHP Capitation Other Interest on Investments CCBHC Grant Patient Fees TOTAL RESOURCES REQUIREMENTS 100.0% Year Complete Fiscal Year 2022 Fiscal Year 2023 Budget Actuals Budget Actuals % 1,438,843 769,319 9,200 156,549 486,804 1,183,981 82% 493,270 64% 436,443 12,146 132% 101,438 65% 6,938 1% 1,124 454,405 379,180 367,074 160,495 97,750 563,115 124% t 452,399 119% 367,074 100% 159,374 99% 390,781 400% 6 2,860,715 2,235,340 78% : 1,458,904 1,932,742 132% Projection % $ Variance 594,451 148,085 367,074 40,647 390,781 131% = 140,046: A 1 I 39% (231,095); B I 100% I I 25% (119,848); i 400% 293,031; 1 i 1 1,541,038 106% ; 82,134: Budget Actuals Budget Actuals Personnel Services 6,904,224 Materials and Services 6,580,649 Capital Outlay - Administration Allocation . (10,188,902) TOTAL REQUIREMENTS ; 3,295,971 TRANSFERS 5,832,219 84% : 6,738,820 6,134,705 93% f 6,998,683 1 12,000 (10,188,901) 100% (11,228,846) 1,778,023 54% ; 2,520,656 5,930,028 88% 95% 0% (8,296,441) 74% 4,306,080 171% 6,672,493 Projection % $ Variance 6,099,389 91% 6,792,403 97% - 0% (11,228,846) 100% I 1,662,946 66% 639,431: C 206,280 12,000; 857,711: Budget Actuals Budget Actuals Transfers In- OHP Mental Health Transfers Out (219,794) TOTAL TRANSFERS ; (219,794) FUND BALANCE Beginning Fund Balance Resources over Requirements Net Transfers - In (Out) TOTAL FUND BALANCE (219,794) 100% (219,794) 100% 80,771 (230,635) (149,864) Projection % $ Variance 20,190 25% (230,628) 100% 1 : 1 (210,438) 140% 80,771 100% (230,635) 100% (149,864) 100% Budget Actuals Budget Actuals 3,552,000 (435,256) (219,794) • 3,769,942 106% 457,317 0 (219,794) I 3,884,332 (1,061,752) (149,864) Projection % $ Variance 4,007,465 103% : 1 P (2,373,338) (210,438) $ 2,896,950 $ 4,007,465 138% $ 2,672,716 $ 1,423,689 53% 4,007,465 103% : 123,133: F 1 (121,908) 939,845; (149,864) 1 I $ 3,735,694 140% ; $1,062,978: Preliminary reports - Actuals are not final until year-end is complete. A Projection includes unbudgeted FEMA carryforward from FY22 for vaccine clinics and outreach. g Projected revenue is less than actuals received because the projection excludes unearned revenue. c Personnel projections based on year to date vacancy savings D Transfers In from OHP Mental Health Reserves will occur at end of year. No funds are currently projected to be transferred to Admin Services. D Budget to Actuals Report Health Services - Behavioral Health - Fund 274 FY23 YTD June 30, 2023 (unaudited) RESOURCES State Grant OHP Capitation State Miscellaneous OHP Fee for Service Federal Grants Local Grants Other Patient Fees Medicaid State - Medicare Liquor Revenue Divorce Filing Fees Interfund Contract- Gen Fund CCBHC Grant TOTAL RESOURCES REQUIREMENTS 100.0% Year Complete Fiscal Year 2022 Fiscal Year 2023 Budget Actuals Budget Actuals 11,907,014 8,947,837 1,934,643 3,627,151 2,725,623 1,093,055 682,180 372,115 1,014,100 172,200 157,000 173,030 127,000 2,140,487 12,160,202 11,339,701 1,712,171 4,009,351 2,781,433 1,378,335 668,038 431,526 750,524 194,470 199,100 178,331 127,000 31,649 102% 127% 89% 111% 102% 126% 98% 116% 74% 113% 127% 103% 100% 1% 15,718,843 12,515,550 8,027,373 3,214,360 2,017,169 1,475,139 719,670 519,344 430,863 337,614 177,574 173,030 127,000 16,509,713 105% 11,663,267 6,540,679 81% 4,924,869 153% I , 1,326,496 66% !I 1,301,799 88% 730,675 102% 568,341 109% 709,547 165% I 223,177 66% 134,751 76% 63,178 37% , 127,000 100% 1 93% Projection $ Variance 12,885,625 82% ! (2,833,218): A 11,721,107 94% 7,080,951 88% 5,197,891 162% 1,642,227 81% 912,148 62% 722,688 100% 610,927 118% 1 768,716 178% 241,776 72% 177,574 100% 1 63,178 37% 127,000 100% 1 , (794,443); B I (946,422); I 1,983,531; B 9 (374,942); (562,991); C 3,018, I 91,583: 337,853! (95,838); (109,852)< D 1 35,073,435 35,961,830 103% ; 45,453,529 44,823,491 99% ; : 42,151,808 93% : (3,301,721): Budget Actuals Budget Actuals Administration Allocation 7,523,855 Personnel Services 26,606,065 I Materials and Services 4,882,963 Capital Outlay I 80,000 7,523,855 100% 24,513,386 92% 3,690,305 76% 54,752 68% 8,265,132 32,453,031 9,948,652 497,443 6,121,080 74% 30,491,448 94% I , 5,005,059 50% f 216,305 43% TOTAL REQUIREMENTS ; 39,092,883 35,782,298 92% ; 51,164,258 41,833,892 82% ; Projection % $ Variance 8,265,132 100% 31,349,868 97% 5,781,886 58% 476,005 96% 1,103,163, E 4,166,766! 21,438. 45,872,891 90% ; 5,291,367; TRANSFERS Budget Actuals Budget Actuals Transfers In- General Fund 2,278,087 Transfers In- OHP Mental Health Transfers Out (10,961) TOTAL TRANSFERS 2,267,126 FUND BALANCE Beginning Fund Balance Resources over Requirements Net Transfers - In (Out) TOTAL FUND BALANCE 2,278,087 100% (10,961) 100% I 2,267,126 100% ; 2,231,439 1,392,815 (152,921) 3,471,333 Projection % $ Variance 2,231,388 100% 348,192 25% 1 � (152,916) 100% 1 f 2,426,664 70% ; 1,227,695 55% _ (1,003,744); F 663,887 48% ; (728,928) G (152,921) 100% f 1 1,738,661 50% : (1,732,672): Budget Actuals Budget Actuals 3,612,014 (4,019,448) 2,267,126 3,870,664 107% 179,532 2,267,126 4,788,795 (5,710,729) 3,471,333 6,317,144 132% 2,989,598 2,426,664 1 $ 1,859,692 $ 6,317,322 340% ; $ 2,549,399 $ 11,733,406 460% ; Projection % $ Variance 6,317,144 132% : 1, 528, 349: f I (3,721,083) ; 1,989,646; 1,738,661 ; (1,732,672); I $ 4,334,722 170% : $1,785,323; Preliminary reports - Actuals are not final until year-end is complete. A Increase of $1.1 M related to new funds for Aid & Assist ($431 K), a cost of living adjustment ($358K), and carryforward revenue from FY22 ($455k). Projected revenue is less than actuals received because the projection excludes unearned revenue. B A new System of Care wraparound payment was budgeted as part of OHP Capitation, but is coming in as OHP Fee for Service. C Projected revenue is less than actuals received because the projection excludes unearned revenue. D Mediation Program will no longer be managed within Health Services, so funds are transferred out of Health Services E Personnel projections based on year to date vacancy savings F Estimating Behavioral Health will return approximately $1M return of County General Funds in FY23. G Transfers In from OHP Mental Health Reserves will occur at end of year. Fewer funds are currently projected to be transferred to Behavioral Health than budgeted. u1ES Budget to Actuals Report Health Services - Public Health - Fund 274 FY23 YTD June 30, 2023 (unaudited) RESOURCES 100.0% Year Complete Fiscal Year 2022 Fiscal Year 2023 Budget Actuals Budget Actuals Projection ok $ Variance State Grant 4,964,969 3,981,365 80% : 6,125,513 6,192,140 101% : 5,805,693 95% : (319,820): A Environmental Health Fees { 1,086,019 1,213,172 112% 1,238,499 1,323,280 107% : 1,336,937 108% 98,438. State Miscellaneous { 2,194,822 1,806,557 82% 874,346 459,917 53% . 658,290 75% ; (216,056): Local Grants { 843,783 1,971,892 234% 856,892 988,106 115% : 793,710 93% a (63,182); B State - Medicaid/Medicare { 843,050 777,348 92% e 807,530 1,139,397 141% ° 1,234,325 153% ° 426,795. C Vital Records { 280,000 342,960 122% : 300,000 335,790 112% ° 346,472 115% 46,472 Other { 192,656 186,177 97% 289,152 1,144,437 396% . 1,210,641 419% 921,489; D Federal Grants { 139,017 124,837 90% 144,060 108,134 75% : 172,476 120% a 28,416; State Shared- Family Planning 152,634 118,228 77% I 125,000 134,688 108% . 148,688 119% : 23,688. Patient Fees { 96,300 105,742 110% 96,300 134,905 140% : 144,539 150% : 48,239: OHP Fee for Service - 22,993 { 18,260 29,877 164% . 31,123 170% ; 12,863; { { { { { TOTAL RESOURCES 10,793,250 10,651,270 99% : 10,875,552 11,990,672 110% : 11,882,894 109% ; 1,007,342: REQUIREMENTS Budget Actuals % Budget Actuals % Projection % $ Variance Administration Allocation 2,665,047 2,665,046 100% : 2,963,714 2,175,361 73% : : 2,963,714 100% Personnel Services { 10,484,069 9,047,822 86% ! 11,466,901 10,513,763 92% . 10,798,997 94% . 667,904; E Materials and Services { 3,257,672 2,418,033 74% '• 2,446,466 1,811,105 74% i . 1,982,681 81% 1 463,785; F Capital Outlay { 77,000 27,376 36% : 417,132 189,275 45% • 200,216 48% • 216,916 { . i ! 9 TOTAL REQUIREMENTS : 16,483,788 14,158,277 86% : 17,294,213 14,689,503 85% : : 15,945,608 92% : 1,348,605: TRANSFERS Budget Actuals Budget Actuals Projection % $ Variance Transfers In -General Fund 3,631,081 3,631,081 100% : 4,376,806 4,376,748 100% : : 4,208,145 96% : (168,661): G Transfers In -TRT 444,417 444,417 100% 0 418,417 418,416 100% . . 418,417 100%• Transfers Out - (108,750) (108,750) 100% • • (108,750) 100% : TOTAL TRANSFERS 4,075,498 4,075,498 100% : 4,686,473 4,686,414 100% : : 4,517,812 96% : (168,661): FUND BALANCE Beginning Fund Balance Resources over Requirements Net Transfers - In (Out) TOTAL FUND BALANCE Budget Actuals % Budget Actuals % Projection % $ Variance 2,869,932 3,049,370 106% : 2,555,592 3,618,039 142% : : 3,618,039 142% : 1,062,447: (5,690,538) (3,507,006) (6,418,661) (2,698,831) (4,062,714) . 2,355,947; 4,075,498 4,075,498 4,686,473 4,686,414 4,517,812 . (168,661); { {{ { $ 1,254,892 $ 3,617,861 288% ; $ 823,404 $ 5,605,622 681% ; ; $ 4,073,137 495% ; $3,249,733: Preliminary reports - Actuals are not final until year-end is complete. A Carryforward of unbudgeted funds are related to vacancies in COVID Team and Public Health Modernization; Includes additional funds for Problem Gambling g Carryforward from FY22 of appx. $40K for Living Well and Diabetes Prevention Programs, as well as reclassifying $60K from Jefferson County for disease investigation. Projected revenue is less than actuals received because the projection excludes unearned revenue. C Medicaid revenue trending more than budgeted for the Family Support Services - Nurse Home Visiting Programs D Revenue over budget is related to receipt of additional Opioid Settlement funds for years 1-3 of two settlements. Currently the resources are not obligated, and will fall to fund balance. E Personnel projections based on year to date vacancy savings F Increase in expenditures related to additional funds in Prevention Services, including Tobacco Prevention, Diabetes Prevention, and Alcohol and Drug Prevention. Also includes an increase in MAC/TCM match amounts. G Due to Health Officer vacancy, anticipate returning associated County General Fund ($168K). Budget to Actuals Report .�` Community Development - Fund 295 FY23 YTD June 30, 2023 (unaudited) RESOURCES Admin - Operations Code Compliance Building Safety Electrical Onsite Wastewater Current Planning Long Range Planning TOTAL RESOURCES REQUIREMENTS Admin - Operations Code Compliance Building Safety Electrical Onsite Wastewater Current Planning Long Range Planning TOTAL REQUIREMENTS TRANSFERS Transfers in - General Fund Transfers In - CDD Electrical Reserve Transfers Out Transfers Out - CDD Reserve TOTAL TRANSFERS FUND BALANCE Beginning Fund Balance Resources over Requirements Net Transfers - In (Out) TOTAL FUND BALANCE 100.0% Year Complete Fiscal Year 2022 Fiscal Year 2023 Budget Actuals Budget Actuals 138,716 842,906 3,819,940 914,750 1,056,678 1,980,521 826,806 153,688 111% 995,865 118% 4,325,818 113% 979,129 107% 983,462 93% 2,223,570 112% 880,902 107% 153,445 1,171,592 4,821,160 1,022,005 1,017,678 2,425,334 1,064,305 154,469 101 917,142 4,118,192 85% 769,054 75% 718,263 71% 1,966,872 81% 812,752 76% 78% 9,580,316 10,542,434 110% ; 11,675,519 9,456,744 81% Projection $ Variance 154,095 100% : 650: � a 917,248 78% (254,344); A 4,119,285 85% _ (701,875);e A 769,455 75% (252,550); A 719,718 71% (297,960); A � 1,967,434 81% (457,900); A 807,828 76% (256,477); A 9,455,063 81% ; (2,220,456): Budget Actuals Budget Actuals 3,137,795 617,012 2,284,444 556,531 765,935 1,769,333 847,839 9,978,889 2,960,981 94% 618,343 100% 2,022,820 89% 553,223 99% 643,079 84% 1,589,882 90% 575,615 68% 8,963,943 90% 3,432,980 805,614 2,538,721 641,837 753,369 2,062,044 998,739 11,233,304 3,032,822 698,568 1,813,765 523,409 733,069 1,573,377 875,849 9,250,859 88% 87% 71% 82% 97% 76% 88% 82% Budget Actuals Budget Actuals 290,000 170,661 59% (99,360) (99,360) 100% (461,262) (1,230,508) 267% (270,622) (1,159,207) 428% 160,000 (112,619) (958,966) (911,585) 139,904 87% 93,505 Projection % $ Variance 3,093,189 90% 718,299 89% 1,864,634 73% 537,446 84% 754,753 100% 1,611,251 78% 902,019 90% 339,791: B 87,315; B 674,087; B 104,391 B (1,385); 450,793, B 96,720! 9,481,591 84% ; 1,751,713: Projection % $ Variance (112,584) 100% (1,005,822) 105% 7 (884,997) 97% 140,000 88% 115,064 (112,619) 100% (972,494) 101%; (830,050) 91% (20,000); C 115,064: D (13,528) E 81,535: Budget Actuals % Budget Actuals 1,432,367 (398,573) (270,622) 1,749,673 122% 1,578,491 1 (1,159,207) 1 2,096,504 442,215 (911,585) Projection % $ Variance 2,168,956 103% 205,885 , (884,997) $ 763,172 $ 2,168,956 284% $ 1,627,134 2,168,956 103% : 72,452: (26,528) ; (468,743); (830,050) 81,535. $ 1,489,844 92% ; ; $ 1,312,379 81% ; ($314,755): Preliminary reports - Actuals are not final until year-end is complete. A YTD revenue collection is lower than anticipated due to application volume decrease g Projections reflect unfilled positions c $40K to Current Planning will be transferred as needed D Transfer in from reserves anticipated due to revenue collection less than anticipated E Transfer out projection increased due to reduced expenditures related to unfilled FTE Budget to Actuals Report Road - Fund 325 FY23 YTD June 30, 2023 (unaudited) RESOURCES Motor Vehicle Revenue Federal - PILT Payment Other Inter -fund Services Forest Receipts Sale of Equip & Material Cities-Bend/Red/Sis/La Pine Miscellaneous Interest on Investments Mineral Lease Royalties Federal Reimbursements State Miscellaneous Assessment Payments (P&I) TOTAL RESOURCES REQUIREMENTS Personnel Services Materials and Services Capital Outlay TOTAL REQUIREMENTS TRANSFERS 100.0% Year Complete Fiscal Year 2022 Fiscal Year 2023 Budget Actuals Budget Actuals % 17,485,000 2,096,751 1,221,632 627,207 449,150 560,000 67,340 59,109 60,000 3,460 19,740,504 2,195,918 1,254,413 792,420 341,833 155,269 68,747 55,083 148,267 16,052 113% : 19,483,147 105% . 2,200,000 103% 1,311,901 126% , 882,502 76% 426,000 28% 403,731 102% 77,610 93% 54,172 247% 50,000 464% 20,563,619 106% 2,239,616 102% 483,949 350,482 969,028 65,246 105,203 17,422 7,641 20,000 5,175 371 % 0% 82% 240% 84% 194% 35% 22,629,649 24,768,506 109% ; 24,889,063 Projection $ Variance 20,563,619 2,239,616 1,300,901 467,192 1,094,274 84,410 105,203 50,000 7,641 20,000 6,200 106% 1 102% 991 % 0% 110% 271% , c 109% . 1 194% 100% 1,080,472: A 39,616; B 1 (11,000); (882,502); 41,192, 690,544 1 6,800. 51,0311 C 7,641 20,000! 6,200! D 24,827,381 100% ; ; 25,939,057 104% ; 1,049,994: Budget Actuals Ok Budget Actuals % 6,916,229 7,843,400 264,500 6,751,810 98% 6,877,560 88% 141,754 54% 7,802,271 8,246,700 140,025 15,024,128 13,771,124 92% ; 16,188,996 Projection % $ Variance 7,155,698 92% 1 6,054,877 73% 100,404 72% 9 1 7,395,588 95% 8,039,823 97% 1 137,109 98% 406,683: E 206,877 2,917! 13,310,980 82% ; , 15,572,519 96% ; 616,477: Budget Actuals Budget Actuals • Projection % $ Variance Transfers Out : (11,757,547) (11,757,547) 100% (12,330,136) (12,330,136) 100% a m (12,330,136) 100% e TOTAL TRANSFERS ; (11,757,547) (11,757,547) 100% ; (12,330,136) (12,330,136) 100% ; ; (12,330,136) 100% FUND BALANCE Budget Actuals Budget Actuals • Projection % $ Variance Beginning Fund Balance 6,383,832 8,566,521 134% : 5,892,967 1 Resources over Requirements . 7,605,521 10,997,382 8,700,067 Net Transfers - In (Out) , (11,757,547) (11,757,547) 1 (12,330,136) TOTAL FUND BALANCE $ 2,231,806 $ 7,806,356 350% ; $ 2,262,898 7,806,356 11,516,401 (12,330,136) 132% 1 7,806,356 132% : 1,913,390: 10,366, 538 1,666,470; (12,330,136) 1 1 $ 6,992,622 309% ; ; $ 5,842,758 258% ; $3,579,860: Preliminary reports - Actuals are not final until year-end is complete. A Updated fall projection per AOC/CRP g Actual payment higher than budget c Investment Income projected to come in higher than budget D Updated based on YTD actuals trending higher than budgeted E Projected savings based on vacancy and other personnel cost reductions to date Budget to Actuals Report Adult P&P - Fund 355 FY23 YTD June 30, 2023 (unaudited) RESOURCES DOC Grant in Aid SB 1145 CJC Justice Reinvestment DOC Measure 57 State Miscellaneous Interfund- Sheriff Gen Fund/Crime Prevention Oregon BOPPPS Interest on Investments Electronic Monitoring Fee Miscellaneous DOC-Family Sentence Alt Probation Work Crew Fees Probation Supervision Fees TOTAL RESOURCES REQUIREMENTS 100.0% Year Complete Fiscal Year 2022 Fiscal Year 2023 Budget Actuals Budget Actuals 4,202,885 4,734,453 113% : 4,734,453 4,734,453 100% 781,597 892,038 114% ° 892,038 943,172 106% / 255,545 244,606 96% 244,606 271,606 111% 138,000 96,068 70% 123,453 130,326 106% a 50,000 55,000 110% 50,000 50,000 100% 50,000 50,000 100% = 50,000 50,000 100% I 24,281 20,318 84% 20,318 - 0% 45,193 19,125 42% 18,151 63,625 351% 1 2,500 280 11% 500 889 178% I 500 3,904 781% 500 2,099 420% i 118,250 58,958 50% - - 1 1,500 - 0% , 1 170,000 3,606 2% Projection $ Variance 4,734,453 100% 943,172 106% 271,606 111% I . 140,000 113% I 50,000 100% 50,000 100% I 0% s 63,625 351% 1,000 200% I 2,200 440% I 51,134! A I 27,000! B 16,548; C I (20,318): D 45,474. E I 500! G 1,700; F I 5,840,250 6,178,356 106% : 6,134,018 6,246,168 102% ; : 6,256,056 102% ; 122,038: Budget Actuals Budget Actuals % Projection % $ Variance Personnel Services 5,379,503 4,864,354 90% : 5,683,822 4,899,350 86% : = 5,060,828 89% : 622,994: H Materials and Services I 1,700,412 1,528,224 90% 1,883,614 1,663,103 88% : = 1,858,011 99% : 25,603:1 Capital Outlay - 8,475 8,475 100% 8,475 100% 1 i I I I 7 TOTAL REQUIREMENTS : 7,079,915 6,392,578 90% : 7,575,910 6,570,928 87% : : 6,927,314 91% ; 648,596: TRANSFERS Budget Actuals % Budget Actuals % Projection % $ Variance Transfers In- General Funds 662,046 662,045 100% : 536,369 536,352 100% : : 536,369 100% 1 1 Transfer to Vehicle Maint (190,974) (190,974) 100% _ (69,277) (69,276) 100% 1 : I : (69,277) 100% Transfers Out - , (199,560) (199,560) 100% p ' (199,560) 100% TOTAL TRANSFERS 471,072 471,071 100% : 267,532 267,516 100% : : 267,532 100% ; FUND BALANCE Beginning Fund Balance Resources over Requirements Net Transfers - In (Out) A B C D E G H TOTAL FUND BALANCE Budget Actuals % Budget Actuals Projection % $ Variance 2,739,775 2,982,055 109% : 3,100,000 3,238,905 104% : a 3,238,905 104%: 138,904: (1,239,665) (214,221) • (1,441,892) (324,760) (671,258) 770,634 471,072 471,071 267,532 267,516 ' ' 267,532 1 1 1 1 1 $ 1,971,182 $ 3,238,905 164% ; $ 1,925,640 $ 3,181,660 165% ; ; $ 2,835,179 147% ; $909,539: Preliminary reports - Actuals are not final until year-end is complete. Received additional JRI funding for training, equity plan, and community engagement. DOC has increased funds for M57. Deschutes County received an additional $27K for housing and curriculum training. Close out of Adult Treatment Court. No longer accepting new clients. Hearings officer agreement with board of supervision is payment in even year. Payment will come next year. Investment Income projected to come in higher than budget Hosted a training and Counties helped provide funding. Received additional electronic monitoring restitution payments. Projected savings based on vacancy and other personnel cost reductions to date Adult Treatment Court Closure and based on other expense trends. 31ES Road CIP - Fund 465 Budget to Actuals Report FY23 YTD June 30, 2023 (unaudited) RESOURCES State Miscellaneous Interest on Investments Miscellaneous TOTAL RESOURCES REQUIREMENTS 100.0% Year Complete Fiscal Year 2022 Fiscal Year 2023 Budget Actuals Budget Actuals % 2,191,461 • 1,000,000 46% : 1,818,500 279,729 124,832 45% Projection % $ Variance - 0% ie 124,563 337,583 271% 40,000 267,106 15% _ (1,551,394); A 337,583 271% ! 213,020! B 40,000 40,000: 2,471,190 1,124,832 46% 0 1,943,063 377,583 19% ; , 644,689 33% ; (1,298,374): Budget Actuals Budget Actuals Materials and Services Capital Outlay TOTAL REQUIREMENTS ; TRANSFERS Transfers In TOTAL TRANSFERS FUND BALANCE Beginning Fund Balance Resources over Requirements Net Transfers - In (Out) TOTAL FUND BALANCE 109,870 29,612,821 Projection % $ Variance 109,870 100% : 127,640 127,640 100% : 127,640 100% _ 7,996,247 27% 28,259,526 15,911,233 56% 22,785,981 81% 5,473,545. 29,722,691 8,106,117 27% : 28,387,166 16,038,873 57% : : 22,913,621 81% ; 5,473,545: Budget Actuals Budget Actuals Projection % $ Variance 12,193,917 10,672,113 88% : 14,230,313 9,778,721 69% : 0 14,131,212 99% ; (99,101); t [ 9 1 f 6 12,193,917 10,672,113 88% ; 14,230,313 9,778,721 69% : , 14,131,212 99% ; (99,101); Budget Actuals Budget Actuals 20,374,044 I (27,251,501) 12,193,917 Projection % $ Variance 23,533,004 116% : 24,548,274 27,223,832 111% : : 27,223,832 111% (6,981,285) (26,444,103) (15,661,290) ! ! (22,268,932) 10,672,113 14,230,313 9,778,721 ! 14,131,212 [ I [ 1 2,675,558: 4,175,171; (99,101) $ 5,316,460 $ 27,223,832 512% : $ 12,334,484 $ 21,341,263 173% : ; $ 19,086,112 155% ; $6,751,628: Preliminary reports — Actuals are not final until year-end is complete. A $1M was budgeted in FY23, but received in FY22 Investment B Income projected to come in higher than budget Budget to Actuals Report Road CIP (Fund 465) - Capital Outlay Summary by Project 100.0% FY23 YTD June 30, 2023 (unaudited) Year Completed Terrebonne Refinement Plan US 20 at Tumalo Tumalo Road / Tumalo Place Old Bend Rdm/Tumalo Rd Inter NE Negus and 17TH Hunnel Rd: Loco Rd to Tumalo Rd Transportation System Plan Update Gribbling Rd Bridge Terrebonne Wastewater Feasibility St. Rickard Rd: Groff Rd to US 20 Paving Powell Butte Hwy Smith Rock Way Bridge Replace Deschutes Mkt Rd/Hamehook Round Paving Cottonwood: Us 97 To BSNF RR Paving Desch Mkt Rd: Yeoman Hamehoo Paving Alfalfa Mkt Rd: Mp 4 Dodds Paving Of Hamby Rd: Us 20 To Butler Powell Butte Hwy/Butler Market RB Wilcox Ave Bridge #2171-03 Replacement US 20: Tumalo Multi -Use Path Crossing Highway Warning Systems 2021 Tumalo Wastewater Feasibility Study Paving Tumalo Rd/Deschutes Mkt Rd Slurry Seal 2022 Paving of Rosland Rd: US 20 to Draf Intersection Safety Improvements Hamehook Rd Bridge #16181 Rehabilitation NW Lower Bridge Way: 43rd St to Holmes Rd Northwest Way: NW Coyner Ave to NW Altmeter Wy Slurry Seal 2023 Terrebonne Wastewater System Phase 1 Tumalo Reservoir Rd: OB Riley to Sisemore Rd Local Road Pavement Preservation Paving Butler Market - Hamehook to Powell Butte Old Bend Rdm Hwy - US 20 to Tumalo FY 22 Guardrail Improvements FY 23 Guardrail Improvements Redmond District Local Roads Bend District Local Roads Sidewalk Ramp Improvements Signage Improvements TOTAL CAPITAL OUTLAY Fiscal Year 2023 Actuals oA Projection $ Variance $ 2,200,000 30% 6,700,000 100% 2,289,081 54% 44,603 133,876 16% 118,301 12% 773,379 47% 0% 1,788,826 149% 999,285 300% 212,299 27°/ 0% 32,693 13°/ 337,183 1,500 0% 0% 227 0% 155 0% 0% 0% 0% 0% 0% 0% 182,670 365% 97,156 $ 2,200,000 30% 6,700,000 100% 4,017,815 94% 77,100 267,106 33% 256,699 26% 2,305,294 139% 1,788,826 149% 999,286 300% 306,153 39% 0% 32,693 13% 337,183 393,000 103% 0% 40,000 41 °/ 60,000 60% 815,000 100% 300,000 100% 0% 35,000 35% 0% 1,000,000 500,000 75,000 50% 182,670 365% 97,156 $ 5,119,310 247,401 (77,100) 551,394 728,301 (642,294) 443,000 (588,826) (666,286) 478,847 160,000 213,308 (337,183) (13,000) 150,000 56,500 40,000 1,000,000 65,000 200,000 75,000 (132,670) (97,156) 15,911,233 56% $ 22,785,981 81% $ 6,973,546 A Budgeted in FY 22 in project US 20: Cook Ave/OB Riley Rd (Tumalo) B This project will be moved to FY 24 C These projects were re -named to Local Road Pavement Preservation Budget to Actuals Report Solid Waste - Fund 610 FY23 YTD June 30, 2023 (unaudited) RESOURCES Franchise Disposal Fees Private Disposal Fees Commercial Disp. Fee Franchise 3% Fees Yard Debris Miscellaneous Interest on Investments Special Waste Recyclables Leases 100.0% Year Complete Fiscal Year 2022 Fiscal Year 2023 Budget Actuals Budget Actuals 7,124,000 2,827,000 2,686,000 290,000 300,000 55,000 41,599 15,000 12,000 1 6,891,500 3,191,189 3,075,123 337,878 268,060 88,470 27,916 37,718 12,980 1 97% 113% 114% 117% 89% 161% 67% 251% 108% 100% 7,210,000 3,337,000 3,234,000 305,000 290,000 70,000 30,498 15,000 12,000 1 7,006,324 97% , 2,944,368 88% 3,026,283 94% 363,105 119% 305,516 105% 140,837 201% 43,342 142% 62,756 418% 7,060 59% 1 100% s TOTAL RESOURCES 13,350,600 13,930,834 104% ; 14,503,499 13,899,592 96% REQUIREMENTS Personnel Services Materials and Services Capital Outlay Debt Service Projection % $ Variance 7,006,325 2,944,369 3,026,283 363,105 305,516 140,838 43,342 62,757 7,061 1 97% 88% 94% 119% e 105% 8 201% i 142% , 418% 59% 100% (203,675)i A (392,631); A (207,717); A 58,105. B 15,516: C 1 70,838. D 0 12,844: E 47,757: F (4,939); G 13,899,597 96% (603,902): Budget Actuals 0/0 Budget Actuals 2,754,132 5,651,103 53,141 1,251,615 2,694,834 98% 5,192,786 92% 76,304 144% 828,197 66% 3,277,684 6,473,358 264,000 1,739,630 3,058,485 93% 5,340,362 82% 181,603 69% 1,731,017 100% o TOTAL REQUIREMENTS ; 9,709,991 8,792,122 91% TRANSFERS Projection % $ Variance 3,135,687 96% : 141,997: 5,887,500 91% ! 585,858. H 181,604 69% . 82,396 1,739,630 100% 11,754,672 10,311,468 88% ; , 10,944,421 93% ; 810,251: Budget Actuals 0/0 Budget Actuals SW Capital & Equipment (6,029,323) (6,029,323) 100% Reserve (5,299,665) (3,453,956) 65% TOTAL TRANSFERS ; (6,029,323) (6,029,323) 100% FUND BALANCE Beginning Fund Balance Resources over Requirements Net Transfers - In (Out) A B c D E F G H J TOTAL FUND BALANCE (5,299,665) (3,453,956) 65% Projection % $ Variance (3,453,962) 65% 1,845,703 (3,453,962) 65% 1,845,703: Budget Actuals Budget Actuals 0/0 2,972,234 3,640,609 (6,029,323) 3,957,273 133% 5,138,712 a (6,029,323) e 3,107,198 2,748,827 (5,299,665) Projection % $ Variance 3,066,662 99% ; , 3,588,124 I 8 (3,453,956) e a $ 583,520 $ 3,066,662 526% 3,066,662 99% i 2,955,176 1 (3,453,962) (40,535): 206,349; 0 1,845,703; $ 556,359 $ 3,200,831 575% ; ; $ 2,567,876 462% ; $2,011,517: J Preliminary reports - Actuals are not final until year-end is complete. With the completion of some large disposal projects such as the Stevens Ranch Section 11 and decrease in general private usage, YTD total disposal volumes have tapered and are -1.4% less than the prior year end. Annual fees due April 15, 2023; received year-to-date monthly installments from Republic and the annual payment from Cascade Disposal Revenue is seasonal with higher utilization in summer months; there is a 14% increase when comparing this fiscal YTD to the abnormally low volumes of last year-to-date Proceeds from cell 9 rock excavation have positively impacted miscellaneous revenue Investment Income projected to come in higher than budget Revenue source is unpredictable and dependent on special clean-up projects of contaminated soil and asbestos (i.e. gas station remediation) Recycling material values have dropped Projecting to spend less than anticipated due to the timing of services (waste characterization study, mulch grinding, etc.), adding Site Attendants versus using temporary labor, environmental and general repair and maintenance costs. Supplier delays and project postponements for the pick-up and Negus kiosks move costs to early next fiscal year; Negus push box included in the purchase of the loader in Fund 614 Projection reflects a reduction to the Fund 613 Capital Projects contribution in FY23 to offset reduced revenues and ensure adequate coverage for FY24 requirements. Budget to Actuals Report Fair & Expo - Fund 615 FY23 YTD June 30, 2023 (unaudited) RESOURCES Events Revenue Food & Beverage Rights & Signage Storage Horse Stall Rental Camping Fee Interest on Investments Miscellaneous Interfund Payment TOTAL RESOURCES REQUIREMENTS 100.0% Year Complete Fiscal Year 2022 Fiscal Year 2023 Budget Actuals Budget Actuals 578,000 513,500 105,000 77,500 71,500 19,500 474 250 30,000 786,724 136% 792,639 154% ! 38,192 36% d 46,525 60% 66,636 93% 11,675 60% 5,301 999% 2,032 813% 30,000 100% ! 745,759 745,000 105,000 65,000 49,000 20,000 5,221 3,554 938,737 1,047,575 97,159 45,551 53,880 3,475 15,485 3,536 126% e 141% P 93% 70% 110% 17% 297% ; 99% 1,1 1,395,724 1,779,723 128% ; 1,738,534 Projection % $ Variance 938,738 126% ; 1,047,576 141% 100,000 95% 46,000 71% 56,000 114% 4,000 20% 15,485 297% 4,000 113% ; 192,979: a 302,576; a (5,000); (19,000); 7,000; a (16,000); 10,264, A a 446! 2,205,398 127% ; ; 2,211,799 127% ; 473,265: Budget Actuals % Budget Actuals Personnel Services Personnel Services F&B Materials and Services Materials and Services - F&B Debt Service TOTAL REQUIREMENTS TRANSFERS Transfers In - Room Tax Transfers In - Park Fund Transfers In - County Fair Transfers Out TOTAL TRANSFERS FUND BALANCE 1,118,980 181,593 818,804 282,500 103,000 1,129,821 101% 200,062 110% ! 848,922 104% 345,876 122% 101,799 99% 1,256,902 170,247 965,684 603,950 101,270 2,504,877 2,626,480 105% ; 3,098,054 1,273,921 101 84,521 50% 1,150,697 119% 644,020 107% 101,267 100% ; Projection % $ Variance 1,275,482 101% 92,393 54% 1,151,000 119% 655,000 108% ; 101,270 100% (18,580): B 77,855, C (185,316); a (51,050); 3,254,426 105% ; ; 3,275,145 106% ; (177,091); Budget Actuals % Budget Actuals 1,093,513 30,000 150,000 (310,777) 962,736 1,049,581 96% : 1,101,342 30,000 100% ! 30,000 150,000 100% (310,777) 100% ; (427,215) 918,804 95% ; 704,127 1,101,336 100% 30,000 100% ; (427,212) 100% e 704,124 100% Projection % $ Variance 1,101,341 100% 30,000 100% (427,215) 100% 704,126 100% Budget Actuals % Budget Actuals Beginning Fund Balance Resources over Requirements Net Transfers - In (Out) TOTAL FUND BALANCE 750,673 (1,109,153) (846,757) 962,736 923,473 123% 918,804 971,352 (1,359,520) 704,127 Projection % $ Variance 995,519 102% as (1,049,028) ; 704,124 $ 604,256 $ 995,519 165% ; $ 315,960 $ 650,615 206% Preliminary reports - Actuals are not final until year-end is complete. A Investment Income projected to come in higher than budget g Projected overage related to payroll alignment accruals c Projected savings based on vacancy and other personnel cost reductions to date D Transfers expected to be higher than budget due to increased Room Tax revenue 995,519 102% : 24,167: t a ) ,063,346 (296,174; 1 704,126 (1); $ 636,300 201% ; $320,340: Budget to Actuals Report Annual County Fair - Fund 616 FY23 YTD June 30, 2023 (unaudited) RESOURCES Gate Receipts Concessions and Catering Carnival Commercial Exhibitors Fair Sponsorship State Grant Rodeo R/V Camping/Horse Stall Rental Livestock Entry Fees Merchandise Sales Interest on Investments TOTAL RESOURCES 100.0% Year Complete Fiscal Year 2022 Fiscal Year 2023 Budget Actuals Budget Actuals 550,000 385,000 330,000 110,000 83,500 52,000 20,000 25,500 4,500 738,029 526,737 415,716 86,200 51,035 53,167 24,050 19,815 5,239 2,683 134% 137% i 126% 78% 61% 102% 120% 78% 0% 710,000 625,000 385,000 80,000 61,000 53,167 24,000 20,000 5,000 3,500 2,713 782,364 815,458 433,682 117,100 99,655 53,167 22,430 17,520 1,925 3,245 13,169 110% 130% , 113% 146% 163% 100% 93% 88% 39% 93% 485% 1,560,500 1,922,671 123% 1,969,380 2,359,715 120% Projection $ Variance 782,424 815,461 433,682 117,100 109,370 53,167 30,970 17,520 2,169 3,245 13,170 110% 130% , 113% 146% 179% 100% 129% 88% 43% 93% 485% 72,424: 190,461, 48,682: 37,100! 48,370: 6,970, (2,480) (2,831); (255); 10,457; A 2,378,277 121% ; 408,897: REQUIREMENTS Budget Actuals Budget Actuals Personnel Services Materials and Services TOTAL REQUIREMENTS 155,959 1,312,172 1,468,131 36,681 24% 1,316,102 100% 1,352,783 92% Projection % $ Variance 169,445 180,403 106% 1,802,585 1,861,373 103% i 1 1,972,030 2,041,776 104% TRANSFERS Budget Transfer In - TRT 1% Transfer Out - Fair & Expo Transfers Out TOTAL TRANSFERS Actuals Budget Actuals 75,000 (150,000) (75,000) 75,000 100% (150,000) 100% (75,000) 100% 75,000 (231,706) 75,000 100% i (231,696) 100% (156,706) (156,696) 100% 184,184 109% i 1,877,585 104% i 2,061,769 105% (14,739): i (75,000); (89,739): Projection % $ Variance 75,000 100% (231,706) 100% ! (156,706) 100% ; FUND BALANCE Budget Beginning Fund Balance Resources over Requirements Net Transfers - In (Out) TOTAL FUND BALANCE Actuals Budget Actuals 92,369 (75,000) (109,033) 999% 569,888 (75,000) 384,715 (2,650) (156,706) 385,854 100% 317,939 1 (156,696) $ 17,369 $ 385,854 999% ; $ 225,358 $ 547,098 243% Projection % $ Variance 385,854 100% : 1,139: 316,508 319,158 i 1 (156,706) , $ 545,656 242% ; $320,298: Preliminary reports - Actuals are not final until year-end is complete. A Investment Income projected to come in higher than budget Budget to Actuals Report Annual County Fair - Fund 616 RESOURCES Gate Receipts Carnival Commercial Exhibitors Livestock Entry Fees RN Camping/Horse Stall Rental Merchandise Sales Concessions and Catering Fair Sponsorship TOTAL FAIR REVENUES OTHER RESOURCES State Grant Interest Miscellaneous TOTAL RESOURCES REQUIREMENTS Personnel Materials & Services TOTAL REQUIREMENTS TRANSFERS Transfer In - TRT 1% Transfer Out - F&E Reserve Transfer Out - Fair & Expo TOTAL TRANSFERS Net Fair Beginning Fund Balance on Jan 1 Ending Balance Fair 2022 Fair 2023 Actuals to Date 2023 Projection $ 782,364 433,682 436,292 1,925 17,392 3,245 497,366 126,300 $ 2,298,566 53,167 5,794 $ 2,357,526 102,763 1,722,703 $ 1,825,466 68,750 (96,540) 3,385 2,083 $ 778,385 432,083 433,200 2,000 17,250 2,500 475,000 (6,345) 58,480 (877) $ 2,198,898 53,167 7,136 13,136 6,259 $ 2,265,201 86,555 158,363 442,314 2,255,921 528,869 $ 2,414,284 37,500 (115,848) 75,000 (231,696) $ (27,790) $ (78,348) $ (156,696) $ 504,270 $ (600,959) $ (305,779) $ 448,151 $ 952,421 $ 952,421 $ 952,421 $ 351,463 $ 646,642 \j,Es`�2 Budget to Actuals Report Fair & Expo Capital Reserve - Fund 617 FY23 YTD June 30, 2023 (unaudited) RESOURCES Interest on Investments Local Government Payments TOTAL RESOURCES REQUIREMENTS 100.0% Year Complete Fiscal Year 2022 Fiscal Year 2023 Budget Actuals Budget Actuals 8,544 8,012 94% Projection % $ Variance 7,414 39,492 533% : 39,493 533% = 32,079: A i I 1 1 200,000 277,777 e 277,777, B 8,544 8,012 94% ; 7,414 239,492 999% ; ; 317,270 999% ; 309,856: Budget Actuals % Budget Actuals Materials and Services Capital Outlay TOTAL REQUIREMENTS TRANSFERS 180,000 388,000 8,564 5% : 495,000 (894) 0% I , 375,000 568,000 7,670 1% ; 870,000 Projection % $ Variance 129,640 26% 220,000 44% : 275,000: 1 1 1 1 331,467 88% 650,000 173% a ; (275,000); C 1 i 1 461,107 53% ; ; 870,000 100% ; Budget Actuals % Budget Actuals % Projection % $ Variance Transfers In -TRT 1% 498,901 479,502 96% : 501,683 501,672 100% : ; 501,683 100% Transfers In - Fair& Expo 300,000 300,000 100% ; 416,437 416,436 100% 416,437 100% Transfers In -Annual County Fair; - - 231,706 231,696 100% 231,706 100% TOTAL TRANSFERS 798,901 779,502 98% ; 1,149,827 1,149,804 100% ; ; 1,149,827 100% FUND BALANCE Budget Actuals % Budget Actuals % Projection % $ Variance Beginning Fund Balance 1,101,663 1,029,596 93% : 1,299,942 1,809,440 139% : = 1,809,440 139% = 509,498: Resources over Requirements (559,456) 342 a (862,586) (221,615) (552,730) 309,856; Net Transfers - In (Out) 798,901 779,502 1,149,827 1,149,804 1,149,827 1 i I t TOTAL FUND BALANCE $ 1,341,108 $ 1,809,440 135% ; $ 1,587,183 $ 2,737,630 172% ; ; $ 2,406,537 152% ; $819,354: Preliminary reports - Actuals are not final until year-end is complete. A Investment Income projected to come in higher than budget B Awarded a grant for 278k which will help offset the budgeted HVAC replacement expenses c Capital Outlay appropriations are a placeholder should viable projects be recommended and approved for construction D Transfers expected to be lower than budget due to decreased Room Tax revenue D \NIEs o% Budget to Actuals Report RV Park - Fund 618 FY23 YTD June 30, 2023 (unaudited) RESOURCES 100.0% Year Complete Fiscal Year 2022 Fiscal Year 2023 Budget Actuals Budget Actuals Projection % $ Variance RV Park Fees < 31 Days 495,000 551,683 111% : 605,000 546,626 90% = 546,627 90% _ (58,373): A Cancellation Fees 15,725 14,000 8,533 61% 8,533 61% a (5,467); RV Park Fees > 30 Days 10,500 8,499 81% 13,000 10,249 79% 11,000 85% ' (2,000); B Washer / Dryer 5,000 3,476 70% ! 4,200 5,560 132% a 5,600 133% ' 1,400, Miscellaneous 2,500 3,731 149% : 3,750 2,412 64% 2,522 67% ° (1,228): Vending Machines 2,500 1,021 41% ' 1,750 1,492 85% ! 1,500 86% (250); Interest on Investments 2,024 578 29% 0 552 2,764 501% . 2,764 501% a 2,212; C TOTAL RESOURCES 517,524 584,713 113% : 642,252 577,636 90% ; , 578,546 90% ; (63,706): REQUIREMENTS Budget Actuals % Budget Actuals % Projection % $ Variance Personnel Services 19,456 1,643 8% : 111,153 79,498 72% : : 82,719 74% : 28,434: D Materials and Services 1 310,805 242,863 78% = 259,755 186,815 72% : : 198,217 76% = 61,538 Debt Service 1 221,927 221,629 100% : 223,273 223,272 100% ° ; 223,273 100% 1 i s s l s TOTAL REQUIREMENTS : 552,188 466,135 84% ; 594,181 489,585 82% ; , 504,209 85% ; 89,972: TRANSFERS Transfers In - Park Fund Transfers In - TRT Fund Transfer Out - RV Reserve TOTAL TRANSFERS FUND BALANCE Budget Actuals % Budget Actuals % Projection % $ Variance 160,000 160,000 100% : 160,000 160,000 100% : : 160,000 100% 20,000 20,000 100%: 20,000 19,992 100% : : 20,000 100% : , (132,042) (132,042) 100% _ (261,566) (261,564) 100% : (261,566) 100% f : I 8 47,958 47,958 100% ; (81,566) (81,572) 100% ; ; (81,566) 100% ; -: Budget Actuals % Budget Actuals 0/0 Projection % $ Variance Beginning Fund Balance - 116,415 166,536 143% : = 166,536 143% ; 50,121: ! 1 I I 1 1 Resources over Requirements (34,664) 118,578 48,071 88,051 . . 74,337 26,266; 1 0 1 1 ! I Net Transfers - In (Out) 47,958 47,958 (81,566) (81,572) . , (81,566) 1 l i 1 1 $ 13,294 $ 166,536 999% ; $ 82,920 $ 173,015 209% ; ; $ 159,307 192% ; $76,387: TOTAL FUND BALANCE Preliminary reports - Actuals are not final until year-end is complete. A Expecting less volume due to higher fuel prices and economic concerns g Expecting less volume due to new RV park in Redmond offering stays longer than 45 days c Investment Income projected to come in higher than budget D Projected savings based on vacancy and other personnel cost reductions to date Budget to Actuals Report RV Park Reserve - Fund 619 FY23 YTD June 30, 2023 (unaudited) RESOURCES 100.0% Year Complete Fiscal Year 2022 Fiscal Year 2023 Budget Actuals Budget Actuals Projection % $ Variance Interest on Investments 7,546 6,354 84% : 6,298 21,589 343%:: 21,589 343% : 15,291: A ! 8 0 a a 9 TOTAL RESOURCES 7,546 6,354 84% 6,298 21,589 343% ; ; 21,589 343% ; 15,291: REQUIREMENTS Budget Actuals Budget Actuals % Projection % $ Variance Capital Outlay TOTAL REQUIREMENTS TRANSFERS Transfer In - RV Park Ops TOTAL TRANSFERS FUND BALANCE 100,000 885 1% : 100,000 5,532 6% : 6,000 6% : 94,000: B 100,000 885 1% ; 100,000 5,532 6% ; 6,000 6% ; 94,000: Budget Actuals Budget Actuals % Projection % $ Variance 132,042 132,042 100% : 261,750 261,564 100% : : 261,566 100% : (184): a a s a a 132,042 132,042 100% ; 261,750 261,564 100% ; ; 261,566 100% ; (184); Budget Actuals Budget Actuals Projection % $ Variance Beginning Fund Balance 784,466 1,054,426 134% 0 1,172,718 1,191,937 102% a : 1,191,937 102% = 19,219: Resources over Requirements (92,454) 5,469 (93,702) 16,056 . . 15,589 109,291 Net Transfers - In (Out) 132,042 132,042 ! 261,750 261,564 ' . 261,566 m (184) ! a ! e a TOTAL FUND BALANCE $ 824,054 $ 1,191,937 145% ; $ 1,340,766 $ 1,469,557 110% ; ; $ 1,469,092 110% ; $128,326: Preliminary reports - Actuals are not final until year-end is complete. A Investment Income projected to come in higher than budget Capital B Outlay appropriations are a placeholder 7�uTES ��G� Budget to Actuals Report Risk Management - Fund 670 FY23 YTD June 30, 2023 (unaudited) RESOURCES Workers' Compensation General Liability Unemployment Property Damage Vehicle Interest on Investments Claims Reimbursement Skid Car Training Process Fee- Events/ Parades Miscellaneous TOTAL RESOURCES REQUIREMENTS 100.0% Year Complete Fiscal Year 2022 Fiscal Year 2023 Budget Actuals Budget Actuals 1,120,766 944,278 323,572 393,546 227,700 101,111 25,000 10,000 1,000 1,164,543 104% : 1,234,761 940,773 100% a 892,681 334,147 103% I : 430,179 409,593 104% i 419,566 227,700 100% t : 248,764 50,142 50% , 49,346 1,280,876 999% a 25,000 0% 1 a 10,000 1,485 149% a 1,000 180 180 1,226,486 892,681 344,950 419,566 248,764 148,514 6,476 8,899 1,260 99% 100% 80% 100% 100% 301% 26% 89% o I 126% 0% 3,146,973 4,409,440 140% ; 3,311,477 3,297,596 100% Projection $ Variance 1,234,761 100% 892,681 100% i 430,179 100% 419,567 100% , 248,764 100% 148,515 301% 10,000 40% 8,900 89% 2,000 200% 1 180 100% a 0 A 10 f 99,169 B (15,000)! (1,100); C 1,000; 1 i 3,395,547 103% ; 84,070: Budget Actuals Budget Actuals OA General Liability 3,600,000 2,706,359 75% ' 3,000,000 Workers' Compensation 1,580,000 953,365 60% 1,580,000 Insurance Administration 547,047 491,393 90% 607,558 Property Damage 300,245 604,926 201% 300,248 Vehicle 200,000 137,356 69% 200,000 Unemployment 200,000 89,053 45% , 200,000 TOTAL REQUIREMENTS ; 6,427,292 4,982,451 78% 5,887,806 TRANSFERS Transfers Out - Vehicle Replacement TOTAL TRANSFERS FUND BALANCE Beginning Fund Balance Resources over Requirements Net Transfers - In (Out) TOTAL FUND BALANCE 494,896 1,485,319 591,016 99,913 194,089 25,047 Projection % $ Variance 16% 94% 97% 1 33% 97% 13% 500,000 17% 1,500,000 95% i 658,090 108% ; 110,000 37% 200,000 100% 50,000 25% 2,500,000: D 80,000; E (50,532) 190,248; F I E 150,000; 1 2,890,281 49% ; , 3,018,090 51% ; 2,869,716: Budget Actuals Budget Actuals (3,500) (3,500) 100% (3,500) (3,492) 100% (3,500) (3,500) 100% (3,500) (3,492) 100% Budget Actuals Budget Actuals 8,329,115 (3,280,319) (3,500) 9,521,450 114% (573,012) (3,500) 7,687,180 (2,576,329) (3,500) Projection % $ Variance (3,500) 100% (3,500) 100% Projection % $ Variance 8,944,938 116% I I 407,316 i 6 (3,492) I 1 $ 5,045,296 $ 8,944,938 177% ; $ 5,107,351 8,944,938 116% : 1,257,758: 1 1 377,457 2,953,786: (3,500) 1 $ 9,348,762 183% ; $ 9,318,895 182% ; $4,211,544: Preliminary reports - Actuals are not final until year-end is complete. A Unemployment collected on first $25K of employee's salary in fiscal year g Investment Income projected to come in higher than budget c Skid Car training resuming; there will be revenue from public participation D Claims are trending lower than budget E Claims are trending higher than budget F FY22 had abnormally high property damage; anticipating less in FY23 ?��TESoGIA Budget to Actuals Report V Health Benefits - Fund 675 FY23 YTD June 30, 2023 (unaudited) RESOURCES Internal Premium Charges COIC Premiums Employee Co -Pay Retiree / COBRA Premiums Prescription Rebates Interest on Investments Claims Reimbursement & Other TOTAL RESOURCES REQUIREMENTS 100.0% Year Complete Fiscal Year 2022 Fiscal Year 2023 Budget Actuals Budget Actuals 18,767,900 19,164,548 102% : 19,908,221 19,815,619 100% o 1,589,000 1,255,305 79% 1,547,778 1,797,727 116%. 1 1,200,000 1,238,034 103% 1,282,015 1,247,607 97% i 1,060,000 1,438,217 136% 595,000 982,424 165% 128,000 396,119 309% 175,000 528,990 302% , 200,277 90,816 45% 95,686 176,071 184% 82,000 1,487,600 999% . 55,000 109,282 199% E 23,027,177 25,070,639 109% ; 23,658,700 24,657,721 104% Projection % $ Variance 19,908,221 100% 1,797,728 116% 249,950, 1,253,038 98% i (28,977)1 982,425 165% 387,425; 530,000 303% , 355,000; A 176,072 184% i 80,386. B 1 115,000 209% , 60,000! 24,762,484 105% ; 1,103,784: Budget Actuals % Budget Actuals % Projection % $ Variance Health Benefits 25,140,847 24,583,764 98% :26,597,563 23,920,016 90% Deschutes On -Site Pharmacy 2,970,575 3,381,197 114% , 3,779,608 3,427,422 91% Deschutes On -Site Clinic 1,141,829 1,190,855 104% , 1,212,497 1,112,295 92% Wellness 171,142 138,211 81% , 179,549 149,449 83% s � oI so TOTAL REQUIREMENTS ; 29,424,393 29,294,027 100% : 31,769,217 28,609,182 90% FUND BALANCE Beginning Fund Balance Resources over Requirements Net Transfers - In (Out) TOTAL FUND BALANCE Budget Actuals 26,183,599 98% a 413,964 C 3,781,941 100% (2,333); C 1,178,590 97% ; 33,907; C 149,837 83% , 29,712; C 0 31,293,967 99% ; 475,250: Budget Actuals % Projection % $ Variance 14,772,618 15,527,580 105%: 11,925,656 11,304,191 95% _ : 11,304,191 95% : (621,465): (6,397,216) (4,223,389) , (8,110,517) (3,951,461) , , (6,531,483) 1,579,034; i & t 1 1 $ 8,375,402 $ 11,304,191 135% ; $ 3,815,139 $ 7,352,730 193% ; $ 4,772,707 125% ; $957,568: Preliminary reports — Actuals are not final until year-end is complete. A Budget estimate is based on claims which are difficult to predict g Investment Income projected to come in higher than budget c Healthcare costs are increasing overall. The impacts of inflation, supply chain disruptions, historic labor shortages, and rebounds in care demand are creating economic challenges for the entire healthcare sector. Invoices are paid in arrears. FINANCE Budget to Actuals Report 911 - Fund 705 and 710 FY23 YTD June 30, 2023 (unaudited) RESOURCES Property Taxes - Current Yr Telephone User Tax State Reimbursement Police RMS User Fees Contract Payments User Fee Data Network Reimbursement Property Taxes - Prior Yr Interest on Investments Property Taxes - Jefferson Co. Miscellaneous TOTAL RESOURCES REQUIREMENTS Personnel Services Materials and Services Capital Outlay TOTAL REQUIREMENTS TRANSFERS 100.0% Year Complete Fiscal Year 2022 Fiscal Year 2023 Budget Actuals Budget Actuals • Projection 9,803,579 9,931,743 101% 1,106,750 1,815,283 164% 60,000 123,282 205% 236,576 237,221 100% 147,956 157,552 106% 233,576 140,986 60% 162,000 244,799 151% 115,000 92,601 81% 96,867 69,988 72% 38,344 37,525 98% 18,658 45,553 244% 10,402,834 1,668,000 810,000 237,221 153,292 140,445 120,874 80,000 67,515 39,497 25,000 10,492,810 101% 1,382,552 83% I 622,177 244,437 103% 161,644 105% 122,383 87% 158,228 131% e 90,291 113% e 237,842 352% a ° 38,104 96% 40,144 161% 77% a % $ Variance 10,493,062 101% 1,668,000 100% 810,000 100% 244,437 103% 165,000 108% e 140,445 100% 165,985 137% 90,292 113% I 237,844 352% 39,497 100% 40,144 161% 90,228: A B I C a 7,216 D I 11,708: 45,111 10,292= I 170,329: E 15,144: , 12,019,306 12,896,533 107% ; 13,744,678 13,590,611 99% ; , 14,094,706 103% ; 350,027; Budget Actuals • Budget Actuals % 8,005,795 3,582,212 2,975,000 7,462,327 93% 2,915,749 81% 518,824 17% 8,606,196 4,088,201 5,015,100 14,563,007 10,896,900 75% ; 17,709,497 7,668,920 3,203,470 2,251,384 Projection % $ Variance 89% 78% 45% ! a t 7,915,780 92% 4,088,201 100% 5,075,000 101% a 13,123,775 74% 17,078,981 96% 690,416: F (59,900); 9 630,516: Budget Actuals Budget Actuals • Projection % $ Variance Transfers In i 4,804,813 Transfers Out i (4,804,813) TOTAL TRANSFERS FUND BALANCE 4,804,813 100% : 1,750,000 1,750,000 100% : a 1,750,000 100% (4,804,813) 100% : (1,809,900) (1,809,900) 100% o (1,809,900) 100% a I - 0% ; (59,900) (59,900) 100% ; (59,900) 100% Budget Actuals • Budget Actuals Beginning Fund Balance 11,850,783 Resources over Requirements I (2,543,701) Net Transfers - In (Out) 10,709,072 90% 1,999,633 _ s 12,950,799 (3,964,819) (59,900) 12,708,705 98% 466,836 I (59,900) TOTAL FUND BALANCE ° $ 9,307,082 $ 12,708,705 137% $ 8,926,080 $ 13,115,641 147% Projection % $ Variance 12,708,705 98% o (242,094); (2,984,275) , 980,543; (59,900) .i $ 9,664,529 108% ; $738,449: Preliminary reports - Actuals are not final until year-end is complete. A Current year taxes received primarily in November, February and May; actual FY22-23 TAV is 5.50% over FY21-22 vs. 5.55% budgeted g Telephone tax payments are received quarterly c State GIS reimbursements are received quarterly D Invoices are mailed in the Spring E Investment Income projected to come in higher than budget F Projected savings based on vacancy and other personnel cost reductions to date **STAFF DRAFT** 7-22-23 Governor Tina Kotek Office of the Governor 900 Court Street, Suite 254 Salem, OR 97301-4047 Dear Governor Kotek - Thank you for your response to our letter regarding the request from Deschutes County for flexibility to site managed homeless camps on rural lands outside Urban Growth Boundaries (UGBs). Your response requested additional information covering several topics. Listed below are answers to these questions. 1. How does the request align with the work of the Multi -Agency Coordinating (MAC) group? While managed homeless camps are not eligible for MAC funds, managed camps compliment the work of the MAC group and help provide a complete continuum of shelter and transitional housing facilities in our community. Deschutes County has a large number of people who are unsheltered and houseless living on public lands owned by the State of Oregon, Deschutes County, the City of Bend, the City of Redmond, United States Forest Service, and the Bureau of Land Management. For this sub - population of people, many will not be eligible for a high barrier shelter and others will not access low barrier shelters for a variety of reasons. In addition, if all of the people living unsheltered in Deschutes County sought indoor shelter space at the same time, we would be hundreds of beds short. For the people who are houseless and unwilling or unable to access indoor shelter, the first step to ending houselessness could start with a managed camp. 2. Has Deschutes County ensured that all existing shelter capacity is maintained with necessary on -going operations funding? The County recognizes the importance of shelter capacity to reducing homelessness and has made substantial investments to expand that capacity in the past 3 years. Like you, we are concerned about ongoing funding to operate existing shelter capacity, but we have limited resources available to cover this need. Beyond a few projects, such as the Veteran's Village and the Cleveland Commons Permanent Supportive Housing project, we are not in a position to make many long term commitments for shelter operating funds right now. Deschutes County has been supporting local shelters starting with spending more than $2 million to help purchase the Econolodge, which became the Bethlehem Inn in 2006. In addition to providing the City of Bend $1.5 million to operate the Franklin Street Shelter, Deschutes County has supported the following local shelters: • Bethlehem Inn (Redmond) — Deschutes County provided $900,000 in ARPA funds to support the conversion of a motel to a shelter. • Bend Warming Shelter — Deschutes County's Sheriffs Office provided the space for a warming shelter from December 2019 — March 2020 and Deschutes county provided $50,000 in ARPA funds to help operate the shelter. • Central Oregon Veterans Village — located on County property at no charge, Deschutes County funded $100,000 for the construction of Veterans Village, comprised of 15 cabins, $300,000 to add 7 more cabins, and provides $100,000 annually in operational funding (for 10- years). • St. Vincent's Place alternative shelter (Bend) and the Shepherd's House shelter kitchen project (Redmond) - Deschutes County provided $425,000 in ARPA funds to support both these projects. • Saving Grace - Deschutes County awarded $450,000 in ARPA funds to Saving Grace, a local non-profit that provides shelter and services to victims of domestic violence and sexual assault. • Oasis Village (Redmond) — Deschutes County has supported this tiny home project with $932,000 in ARPA funds. • Deschutes County provided $200,000 in ARPA funds to support a Safe Parking program in the City of Redmond. • Furnish Hope - Deschutes County Commissioners awarded $81,000 in ARPA funds to Furnish Hope, a local non-profit that furnishes homes at no cost to families in need. 3. Options Within the UGB — Q. Has the County exhausted all other options within the UGB to site a shelter? A. The County is not seeking authorization to site a shelter in the UGB as this authority currently exists. But, multiple attempts to site outdoor shelter within the City of Bend have not been successful. The County is seeking flexibility to site a supported camp outside, but in close proximity to, the UGB given the large number of individuals that need temporary placement while the infrastructure to address the growing population is developed. The County's inability to provide an alternative location outside the UGB that could accommodate the large numbers of houseless people coupled with limitations created by case law from the Ninth Circuit Court of Appeals results in unmanaged, unsafe houseless populations dispersed camping throughout resource lands in the County. Not only is it resulting in unsafe living conditions for the houseless population but it results in safety concerns, such as wildfires and water contamination, for our housed community. As a side, the Board of Commissioners is evaluating a safe parking program within UGBs (currently allowed). A draft proposal will come for Board consideration next month. In sum, the County is developing a variety of options but a critical missing component is the ability to relocate dispersed campers currently scattered throughout resource land to a confined area providing basic necessities that is large enough to accommodate our houseless population. Q. What were the specific reasons the Murphy Road site was not used? A. Proximity to concerned neighbors and relative proximity to China Hat Road, a US Forest Service location with a large number of people camping and living unsheltered and houseless, would have exacerbated the issues that are already occurring there. . Q. Did the County ask the MAC what strategies they would recommend in order to provide shelter or housing for the people living at Juniper Ridge before the County decided to pursue an alternative shelter site outside of the UGB? A. The MAC is focused on expanding indoor shelter capacity and homelessness prevention. As discussed above, we believe there is a need to increase outdoor shelter/managed camp capacity to round out the continuum of shelter and transitional housing facilities in order to effectively reduce homelessness. While the indoor shelter and rehousing projects supported by the MAC are certainly needed for our houseless neighbors currently at Juniper Ridge, we also need to expand outdoor shelter capacity. 4. Plan for Operating an Alternative Shelter Site — what is the County's plan to develop and operate an alternative shelter site outside of the UGB? A. There is a willing land owner with property within a mile of the Bend UGB. The County's goal is to have a path forward for this land (commonly referred to as the Gales' property) to be used as a managed camp. Specifically we seek flexibility to allow such a use within one -mile of an UGB and/or Urban Reserve, excluding high value farmland, productive forests, and all State Land Use Goal 5 protected resources. It is yet to be determined who would operate the camp and pay for it, but there are many interested parties supporting the concept and the County intends to play a role in the partnership to develop and operate this facility. As this partnership develops, we will be better able to answer your specific questions about the budget, fund sources, division of labor, services offered, and scale. When Deschutes County was discussing a supported camp at Murphy Road, the Coordinated Houseless Response Office (CHRO) developed a high level model of a supported camp (see attached). This model can serve as a starting point for future managed camps. Board of County Commissioners, Anthony DeBone Patti Adair Phil Chang Chair Vice Chair Commissioner