2023-284-Minutes for Meeting July 26,2023 Recorded 9/11/2023T ES COG��
Q
BOARD OF
COMMISSIONERS
1300 NW Wall Street, Bend, Oregon
(541) 388-6570
9:00 AM
Recorded in Deschutes County CJ2023-284
Steve Dennison, County Clerk
Commissioners' Journal 09/11 /2023 1 :53:42 PM
L ,Z
Q 2023-284
FOR RECORDING STAMP ONLY
BOCC MEETING MINUTES
WEDNESDAY July 26 2023
Barnes Sawyer Rooms
Live Streamed Video
Present were Commissioners Tony DeBone, Patti Adair and Phil Chang. Also present were Nick Lelack,
County Administrator; Dave Doyle, County Counsel; and Brenda Fritsvold, BOCC Executive Assistant.
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 9:00 a.m.
PLEDGE OF ALLEGIANCE
CITIZEN INPUT:
Doug Hoschek stated that after removing lodgepole pine trees in Sunriver which
were highly susceptible to wildfire, he was fined $17,000 because evidence of the
permission he had been granted was lost. He added that FEMA requires a 30-foot
buffer of flammable material from structures to maintain homeowners insurance.
Ron Boozell encouraged the adoption of enforceable Code regulations to address
dangerous dogs and suggested a public information campaign on dog licensing and
leashing. He said meth culture is at the center of the homeless population and
urged that resources be directed to addressing this situation.
Carl Shoemaker referred to people who harbored Jews in Nazi Germany and others
who assisted enslaved persons to escape via the underground railroad to illustrate
that sometimes, laws must be broken.
BOCC MEETING JURY 26, 2023 PAGE 1 OF 12
CONSENT AGENDA: Before the Board vvas CarAsIdera,tion of the Consent Agenda.
Consideration of Board Signature on letter appointing Duncan Atwood for service
on the Deschutes County Four Rivers Vector Control District Board.
2. Consideration of Board Signature on letter thanking Cindy Van Patten for her
service on the Four Rivers Vector Control District Board
3. Consideration of Board Signature on letter appointing Matt Muchna for service
on the Deschutes County Bicycle -Pedestrian Advisory Committee.
4. Consideration of Board Signature on letter thanking Kenneth Piarulli for service
on the Deschutes County Bicycle -Pedestrian Advisory Committee.
5. Approval of the minutes of the June 14, 2023 BOCC meeting
ADAIR: Move approval of the Consent Agenda as presented
CHANG: Second
VOTE: ADAIR: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
ACTION ITEMS:
6. Public Hearing on Senate Bills 391 and 644 - Rural Accessory Dwelling Unit
Legislative Amendments
Kyle Collins, Associate Planner, presented a staff report on the County -initiated
effort to adopt local provisions for rural accessory dwelling units (ADUs), noting
the first required public hearing was held before the Planning Commission on
September 22, 2022. Collins provided an overview of recent State legislative
changes, the proposed amendments to Deschutes County Code, public
comments received to date, and recommendations from the Planning
Commission.
Collins said while some State -imposed standards and restrictions relevant to
rural ADUs cannot be amended by counties --including those related to minimum
lot size, sanitation, square footage and water supply —local flexibility remains
with respect to interpreting the term "useable floor area" and how to measure
the 100-foot siting distance. Collins noted that the proposed amendments to
BOCC MEETING JULY 26, 2023 PAGE 2 OF 12
DCC include language 4.., clarify that an ADU may be constructed simultaneously
with a primary dvveiling, and specific that a previously constructed primary
dwelling may be converted to a lawful ADU, provided all relevant criteria are
met.
Collins explained that in the interest of protecting vulnerable groundwater, the
Onsite Wastewater Division recommends that the minimum lot size for rural
ADUs be five acres in southern Deschutes County. The Division also
recommends limiting all properties constructed with ADUs from future
residential development —including medical hardship dwellings, temporary
dwellings within recreational vehicles, or similar uses.
Collins concluded that because the Oregon Department of Forestry has not yet
released a Statewide Wildfire Hazard map, it is not yet known which properties
will be classified as high hazards and subject to additional development
regulations due to wildfire risk.
Commissioner Chang noted that property owners can already construct
accessory buildings which would have the same impact comparatively as ADUs
on wildlife habitat fragmentation, and accessory buildings are not prohibited in
the wildlife combining zone. He asked if property owners would be able to relate
a new ADU to other accessory buildings, even if detached from them.
Responding that this would be up to the Board's discretion to allow or prohibit,
Collins added that DCC requires that accessory buildings be subordinate to the
residential use of the property.
The public hearing was opened at 9:58 am.
• Tyler Neese, Government Affairs Director for the Central Oregon
Association of Realtors, reiterated COAR's support for permitting ADUs in
rural Deschutes County.
Katie Cramer said after buying a tiny house, she was told it could not be
allowed on a single family residential property even with the permission
of the property owner.
Noting that the Legislature recently approved a bill allowing rural property
owners to host an RV on their property for residential purposes and that staff is
working to draft local rules to authorize this use in Deschutes County,
Commissioner Chang said it may be possible to classify a mobile tiny house as
an RV.
Nancy Grulke said the use of ADUs is different from sheds and other
accessory buildings because the presence of human life affects wildlife in
BOCC MEETING JULY 26, 2023 PAGE 3 OF 12
a different :,jjay. She said the draft wildfire hazard inap is highly flawed
and has not been properly vetted.
Commissioner DeBone said due to hot, dry and windy conditions, all of
Deschutes County is a high wildfire risk area.
In response to Commissioner Chang, Collins said converting an existing non-
residential structure into an ADU would be allowed if all necessary standards
were met. Also, an existing ADU could be permitted under the same conditions.
• Nona (no last name given) shared her interest in converting an existing
structure into an ADU and asked about obtaining a variance for locating
an ADU beyond 100 feet of the primary residence.
Commissioner Chang explained that the State imposes the 100-foot distance
limitation and therefore a variance from this standard is not possible.
Clifford Evelyn asked how the County will hold people accountable for
having unpermitted ADUs.
The public hearing was closed at 10:17 am.
Chair DeBone noted the consensus of the Board to conduct deliberations on this
issue on Wednesday, August 9tn and leave the written record open until 9 am on
that date.
7. Deliberations and possible first reading of an ordinance amending
Deschutes County Code relative to camping and other sleeping associated
activity on public property
County Counsel Dave Doyle summarized that in response to the proposal from
the Deschutes County Sheriff's Office (DCSO) to add new subsections to
Deschutes County Code Title 11.04 regarding camping on public property, Legal
has drafted code revisions amending Title 11.04 of Deschutes County Code
relative to camping and other sleeping -associated activity on public property for
the Board's consideration.
Commissioner DeBone supported the proposed text revisions as drafted. With
respect to federally -owned land, he supported the federal government seeking
assistance from DCSO to enforce desired regulations.
Commissioner Chang also supported the draft text revisions and stated he was
not in favor of the original proposal brought forward by DCSO. While he agreed
BOCC MEETING JULY 26, 2023 PAGE 4 OF 12
that unsanctioned ca rnping -vhi h (;ccu; s for longer than 14 Gays on federal land
needs to be addressed, he .etas concerned about exacerbating the situation and
said efforts must be focus-d on offering places with facilities and wraparound
services/pathways out of homelessness --only then would it be acceptable to
utilize a law enforcement approach to unauthorized camping.
Commissioner Adair said the text revisions put forth by Legal do not seem
adequate but are the best that can be enacted at this time. She spoke to ongoing
dangerous activity at China Hat, said the Forest Service needs to be aware what is
happening, and believed that Sheriff Nelson is negotiating with the federal
government to be able to enforce camping restrictions on federal lands.
Commissioner DeBone clarified that the proposed text revisions applies only to
County -owned and -controlled property. He hoped that Senator Wyden will help
facilitate a partnership with the federal government on this issue.
Commissioner Chang said clearing people from places where they are not
authorized to be without offering relocation options is not effective in reducing
homelessness.
County Counsel Doyle emphasized that the proposed restrictions could not be
enforced unless and until alternate shelter site(s) that people could move to are
established. County Administrator Nick Lelack said if the Board accepts the text
revisions and adopts the ordinance, staff will work to identify/develop alternate
shelter sites to enable enforcement.
ADAIR: Move approval of first reading of Ordinance No. 2013-013 amending
Title 11 .04, Public Use, of the Deschutes County Code by title only
CHANG: Second
VOTE: ADAI R: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
Chair DeBone read the title of the ordinance into the record.
8. Amendment to the Intergovernmental Agreement with the Oregon
Department of Transportation for the US97: Lower Bridge Way -NW 10t"
Street project
Chris Doty, Road Department Director, explained that the amendment
acknowledges the County's additional financial contribution of $1,493,000 to
ODOT, $1,300,000 of which is for work on the Terrebonne sanitary sewer
BOCC MEETING JULY 26, 2023 PAGE 5 OF 12
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component of thi project and $193,000 of which is for addi Jon:ai paving on Old
Bend Redmond Highway as part of the US20: Turnalo to Cooley Road project.
The amendment will also change the timing of the County's remaining payment
to ODOT to coincide with completion of the preliminary engineering phase which
is anticipated in late August 2023.
CHANG: Move approval of Board signature of Document No. 2023-724,
Amendment No. 1 to the Intergovernmental Agreement with the
Oregon Department of Transportation for the US97: Lower Bridge
Way -NW 10th Street Project
ADAIR: Second
VOTE: ADAI R: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
COIC Grant Application Request for Broadband Action Team Funding
Tania Mahood, IT Director, presented a request for authorization to apply for a
State grant to continue the Deschutes County Broadband Action Team (BAT),
which has been working to develop a Strategic Broadband Needs Assessment
and Action Plan since last year. This effort is being coordinated and overseen by
COIC.
Scott Aycock, COIC Community and Economic Development Director, said BAT's
membership includes representatives from Deschutes County, COIC, EDCO,
Business Oregon, utility and internet service providers, Chambers of Commerce,
education partners, health partners, and cities.
Shelby Knight, COIC Resilience Planner, said areas in Deschutes County with
insufficient or unaffordable high speed internet service include north of Sisters,
south of La Pine, Terrebonne, and various remote rural locations.
Aycock said if the Board authorizes COIC to apply for State funds on the County's
behalf to continue these planning efforts, another question is whether COIC
should take a regional approach to the grant application in coordination with
Crook and Jefferson counties.
Seth Thompson, project coordinator for Business Oregon, explained that those
who don't have access to a high speed internet connection cannot take classes
remotely or receive medical care via telehealth appointments. Thompson noted
that the capability to do certain things online can be especially important to
persons who have mobility issues or lack transportation options.
BOCC MEETING JULY 26, 2023 PAGE 6 OF 12
Aycock added that fede al funds which will be distributed via the Rural Digital
Opportunity Fund will leverage private investment in the extension of high speed
internet to unserved and underserved communities. He confirmed that BAT's
final report will be brought to the Board for its review and discussion.
CHANG: Move to approve COIC applying for State funds for the Broadband
Action Team on the County's behalf
ADAIR: Second
VOTE: ADAI R: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
Additionally, the Board was in consensus to support a regional approach to the
application should partners at Jefferson, Crook and/or Klamath counties agree.
10. Deliberations: Destination Resort Text Amendments
Tarik Rawlings, Senior Transportation Planner, reviewed the background of the
proposed text amendments to Deschutes County's Destination Resort (DR)
Combining Zone which were brought forward to align the County's rules with
State regulations which limit residential uses at any new destination resort within
24 air miles of an urban growth boundary population of at least 100,000 to those
necessary for staff and management.
Rawlings said two main issues are before the Board at this time, the first of which
is to determine whether the subject application requires a Map/Plan Amendment
to lawfully address ORS 197.455.
In response to Commissioner DeBone, Rawlings said the Planning Commission
did not consider this question, which is being addressed due to an assertion that
a resort overlay mapping amendment is required. Rawlings added that County
Counsel has verified that the proposed text amendment can be approved and
take effect without changing the resort overlay map.
Commissioner Chang said it is clear that the County is not revising the resort
overlay map, and in fact, destination resorts will continue to be allowed where
they are currently.
A majority of the Board was in consensus that the subject application does not
require a Map/Plan Amendment to comply with ORS 197.455.
BOCC MEETING JULY 26, 2023 PAGE 7 OF 12
Commissioner DeBone stated that he did riot support the text arendment.
Commissioner Chang said the text arendment kvill not prohibit destination
resorts, which will continue to be allowed absent non -staff residences.
Continuing, Rawlings said the second decision before the Board is whether to
modify the proposed text amendment to include language responsive to
economic concerns from representatives of destination resorts. Commissioner
Adair noted that four options have been proposed for the Board's consideration.
Commissioner Chang said while none of these revisions are necessary as the
proposed text amendment would apply only to new resorts, he was comfortable
with stating this restriction explicitly if desired.
Commissioner DeBone said the resort overlay map identifies properties which
are eligible for development as destination resorts. He said the County is not
acting contrary to state law by following the required procedures for this
legislative matter. He viewed the proposed text amendments as a shortcut to
preventing future opportunities and thus did not support them.
Commissioner Chang said Deschutes County is not economically blighted, and
the developed resorts have had their intended economic effects.
Commissioner DeBone moved to deny approval of file no. 247-22-000835-TA.
The motion died for lack of a second.
CHANG: Move approval of file no. 247-22- 000835-TA relating to proposed text
amendments for destination resorts, as modified to include language
requested by Caldera Springs Real Estate clarifying that the restriction
on residential uses shall apply only to newly proposed resorts seeking
Conceptual Master Plan approval under DCC 18.113.050 or expansion
proposals of existing developments under DCC 18.113.025
ADAIR: Second
VOTE: ADAIR: Yes
CHANG: Yes
DEBONE: Chair votes no. Motion Carried 2 - 1
Rawlings said staff will return on August 9" for first reading of an ordinance to
implement the amendments.
BOCC MEETING JULY 26, 2023 PAGE 8 OF 12
11. 10-year Ground Lease with City of Redmond
Kristie Bollinger, Property Manager, introduced the proposed lease with the City
of Redmond for 12 acres at 1002 NE 27tr' Street in Redmond to be used to
address homelessness.
Cat Zwicker, Redmond City Councilor, said two of the acres will be used to
develop the Oasis Village project and the remainder will be utilized for a safe
parking program. She asked that language in the lease which refers to a potential
transfer of all or any part of the site be removed as the partnership which will be
developed for the safe parking program has not yet been identified.
ADAIR: Move approval of Board signature of Document No. 2023-636, a
ground lease with the City of Redmond for third -party development of
Oasis Village and like projects to support homeless persons, as
amended to remove section B1.2 on page 2 regarding a possible
future transfer of all or any part of the site
CHANG: Second
VOTE: ADAIR: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
A break was announced at 12:14 pm; the meeting resumed at 12:17 pm.
12. Bend Downtown Campus Parking Project
Lee Randall introduced consultants Nicholas Speros and Joe Bessman who
shared information on work to be done in the second phase of the downtown
campus parking project in the areas of campus signage, parking management,
accessible routes, and Traffic Demand Management (TDM) options and
strategies.
With respect to the recommendation to add parking spots north of Worrell Park,
Bessman confirmed that these would not alter the current configuration of the
park. Commissioner Chang suggested that in the interest of transparency and
clarity, persons who advocated against altering Worrell Park be made aware of
the proposal to add these parking spaces.
County Administrator Nick Lelack asked if these additional spaces would be
roped off during election time due to the large amount of traffic which accesses
the ballot box. Randall agreed that to ensure safety, staff will regularly evaluate
whether this precaution may be needed while ballots are being returned.
BOCC MEETING JULY 26, 2023 PAGE 9 OF 12
Commissioner Adair said the Box Factory area lacks sufficient parking and asked
if the County can help address that need. Randall said staff and the City of Bend
are engaging in discussions regarding the benefits of allowing off -hours parking
around the Deschutes Services Building for various events and businesses.
CHANG: Move to direct staff to proceed with Phase 2 of the Downtown Bend
Campus Parking Project as presented
ADAIR: Second
VOTE: ADAIR: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
13. Subrecipient Agreement with Central Oregon Intergovernmental Council
for Emergency Housing Funds from Governor's Executive Order 23-02
Trevor Stephens, Community Justice Business Manager, reminded that the Board
authorized Community Justice to apply for a grant to address short-term shelter
and longer -term housing needs of individuals who are required to register as a
sexual offender and/or who have conditions that restrict their proximity to
minors, noting this population can experience significant difficulty in securing
housing. The department was awarded a grant of $1,078,518 to purchase and
renovate a five -plus bedroom property which will provide shelter for up to 24
individuals annually. Stephens explained that a request for proposals will be
issued to evaluate and select a private provider which will purchase suitable
property and manage this program on behalf of the County.
ADAIR: Move approval of Chair signature of Document No. 2023-690, a
Subrecipient agreement with the Central Oregon Intergovernmental
Council for State emergency housing funds
CHANG: Second
VOTE: ADAIR: Yes
CHANG: Yes
DEBONE: Chair votes yes. Motion Carried
OTHER ITEMS:
• Erik Kropp, Deputy County Administrator, relayed a request to use the
County's parking lot for an upcoming weekend event. Chair DeBone said as
BOCC MEETING JULY 26, 2023 PAGE 10 OF 12
the County already offers this lot for public parking on the weekends, no
Board action is required.
Anthony Raguine, Principal Planner, asked if the Board wishes to initiate
review of a recent Hearings Officer decision regarding File No. 247-23-
000125-DR as discussed at the Board's meeting on Monday.
County Counsel Dave Doyle summarized that the question is whether actions
and expenditures taken after a land use is applied for but before it is
approved constitute a good faith effort to establish the desired use.
Discussion ensued regarding the precedence that may be established and
what type of review the Board may elect to conduct on this matter.
ADAIR: Move approval of Board Order No. 2023-032, initiating review of the
Hearings Officer's decision in File No. 247-23-000125-DR and
specifying that the review be heard de novo
DEBONE: Second
VOTE: ADAI R: Yes
CHANG: (abstain)
DEBONE: Chair votes yes. Motion Carried 2 - 0 - 1
Raguine stated that the hearing will be scheduled for August 9, 2023.
• The Board reviewed draft materials which will be presented at the Chamber's
"What's Brewing" event on August 8t"
• Commissioner DeBone said he will attend a pre -event function at the Fair
later today.
• Commissioner Adair hoped that local media outlets will help publicize the 4H
program.
EXECUTIVE SESSION: None
*I_
Being no further items to come before the Board, the meeting was adjourned at 1:13 pm.
DATED this day of 2023 for the Deschutes County Board of
Commissioners.
— z� �\X,_-__
ANTHONY DEBONE, CHAIR
BOCC MEETING JULY 26, 2023 PAGE 11 OF 12
ATTEST:
-6 ��Alv-)'tyw
RECORDING SECRETARY
PATTI ADAIR, VICE CHAIR
PHIL CHANG, COMMISSIONER
BOCC MEETING JULY 26, 2023 PAGE 12 OF 12
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BOARD OF
COMMISSIONERS
BOARD OF COUNTY COMMISSIONERS MEETING
9:00 AM, WEDNESDAY, JULY 26, 2023
Barnes Sawyer Rooms - Deschutes Services Building - 1300 NW Wall St - Bend
(541) 388-6570 1 www.deschutes.org
REVISED 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.ly/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.
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 agendo items are es rotates cnl . Generally, items will be heard in
sequential order and items, including public heorings, racly be heard before or after their listed times.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
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.
CONSENT AGENDA
Consideration of Board Signature on letter appointing Duncan Atwood for service on the
Deschutes County Four Rivers Vector Control District Board.
2. Consideration of Board Signature on letter thanking Cindy Van Patten for her service on
the Four Rivers Vector Control District Board
3. Consideration of Board Signature on letter appointing Matt Muchna for service on the
Deschutes County Bicycle -Pedestrian Advisory Committee.
4. Consideration of Board Signature on letter thanking Kenneth Piarulli for service on the
Deschutes County Bicycle -Pedestrian Advisory Committee.
5. Approval of the minutes of the June 14, 2023 BOCC meeting
ACTION ITEMS
6. 9:10 AM Public Hearing on Senate Bills 391 and 644 - Rural Accessory Dwelling Unit
Legislative Amendments
7. 9:40 AM Deliberations and possible first reading of an ordinance amending Deschutes
County Code relative to camping and other sleeping associated activity on
public property
8. 9:55 AM Amendment to the Intergovernmental Agreement with the Oregon
Department of Transportation for the US97: Lower Bridge Way -NW 101"
Street project
9. 10:05 AM COIC Grant Application Request for Broadband Action Team Funding
July 26, 2023 BOARD OF COUNTY COMMISSIONERS MEETING Page 2 of 3
10. 10:30 AM Deliberat cns: st:;:-iatiori Resort Text .Arnendinents
11. 10:55 AM 10-year Ground Lease: with City of Redmond
12. 11:15 AM Bend Downtown Campus Parking Project
13. Subrecipient Agreement with Central Oregon Intergovernmental Council for Emergency
Housing Funds from Governor's Executive Order 23-02
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 26, 2023 BOARD OF COUNTY COMMISSIONERS MEETING Page 3 of 3
JJ dU90
November 11, 2019
Request for Tree Removals per Sunriver Ladder fuels Program Criteria and Sunriver CWPP
dated 2015 and HB 2222 new Oregon law in 2019 for Wildfire public safety for all property
owners in the State of Oregon
T0: HUGH PALCIC general manager SROA
FROM: Doug Hoschek & Tina Machuca
Owner Location: 7 Tournament Lane, Sunriver, Oregon,
Dear Hugh,
At your agreed request I am sending this letter to outline our request in detail for the removal
of lodgepole trees in the Arbor 1 Tree Service Estimate #12486
We are requesting a permit be granted made out in Tina Machuca 7 Tournament Lane Sunriver
Oregon. We are not going to use Arbor I because of his excessive price quotes. We will have the
removals done by Brent as soon as he has time to do so since he is very busy with SROA
projects at this time.
This letter follows the listed tree removals and asks SROA and the Natural Resources Dept, you
manage to not review this request based on tree heath,
Rather we request the permit accept the Sunriver Ladder Fuels program and HB 2222 and
Sunriver CWPP (2015) for the criteria's for approval.
(1) Removal One large lodgepole pine near the NE corner of house (subject to SROA)
This tree will create a locking of us in our home should the tree blown down as happened to
thousands of lodgepole trees earlier this year. Crashing into our home and garage and blocking
our only means to drive out of the garage without our car to safety. In a wildfire the tree will
ignite the home as it is within 20 feet or less in the canopy of very large branches to our home
including our front entry and front deck.
The tree was presented in our live testimony to the Oregon Legislature Senate committee
Environment and Natural Resources to support the enforcement now ordered in HB 2222 with
a clear photo explaining what is written here. A member of the Senate committee said he
believes a `Home is more important than a tree" and the five other Senators on the Committee
all agreed. We request the home safety be used not the tree health as SROA currently uses
for this tree.
(2) Removal Two largest lodgepole pine near the north side of Winners Circle. This tree has
a younger lodgepole tree fairly close to it within approx.. 8 feet in my space difference.
The canopy of both trees is with the 6-8 feet required space in Sunriver CWPP dated 2015.
Page 35. Actually crossing into each others canopy.
For at least 2/3 rd's of both tree canopies. Height from the canopy start.
The larger tree requested to be removed will in a wind storm crash into our deck and home and
if on fire would be hitting the deck and house igniting both.
"Clearly the reason why the Senate Committee presented hearing HB 2222 said quite " a home
is more important than a tree' under live recorded testimony. In the HB 2222 testimony
recorded documents.
Again for Removal Two we request tree heath criteria not be used and thus removal approved
based on this presentation. At this time. We agree with Arbor 1 Tree Service the tree is on
SROA common property and agree to pay for the removal in full including chip haul all material.
Removal 3 "removal of 2 lodgepole pines near the golf course cart path." " 1 is near the out
of bounds stake and the other is near to house of the 2 that are close together"
Lodgepole 1 is near the cart path has its canopy growing into a SROA common property
lodgepole. Clearly entangled not spaced 6-8 feet apart. The SROA lodgepole is within two
feet of the 7 Tournament Lane owners home.
The golf course has requested a permit for this tree and it was denied based on health
criteria. Resort ownership Director and golf course manager has agreed to pay removal cost
and chip haul.
Again CWPP page 35 dated 2015 is not followed. The testimony of the Senate Committee
shared in this letter again clearly stated "a home is more important than a tree" Should this
tree ignite in a wildfire its canopy will ignite the SROA tree closer to the home 7
Tournament Lane and both canopies together in fire will easily ignite the home.
Proof of this is CWPP page 35 requiring spacing of 6-8 feet for canopies of trees including
pine trees. Permit requests tree health not be used for removal of this lodgepole pine tree.
As previously approved the Sunriver Resort golf course will pay for removal and chip haul of
materials. Once the 7 Tournament owner has the permit approval to present to them.
Lodgepole 2 stated as close together with another lodgpole is within 6 feet of their
respected trunks per the present Sunriver Ladder Fuels program criteria, Thus the removal
should be approved and not follow the tree health criteria.
Furthermore lodgepole 2 is totally grown into the canopy of the adjoining lodgepole to
intimate to have to write about. Except to quote and reference CWPP page 35 dated 2015
Sunriver CWPP.
For further support the statement during verbal testimony of the Senate Committee
identified during the hearing for HB 2222. "A home is more import than a tree" and
supported by all 5 other Senators on the Committee at that time. The Sunriver Resort and
golf course have applied for a previous permit and agreed to pay all the costs of removal
and chip haul away materials.,
Thus the new permit issued to owners of 7 Tournament wil be taken to the Sunriver Resort
golf course for payment in full for this tree along with tree 1.
As shared the bid for Arbor 1 Tree Service will not be used and Brent will do all the removals
once the permit is issued to Tina Machuca 7 Tournament Lane Sunriver Oregon.
Further review in person with SROA is encouraged to be sure the proper trees are
permitted at this time.
Tina Machuca
DougHoschek
7 Tournament Lane
Sunriver, Oregon 97707
Subject: RE: marked tree removal
Hello Doug,
I have spoken with the Natural Resources Department and received the following
summary of their site visit and evaluations (Please see their summary and next steps
below). If you wish to proceed with obtaining a permit for performing the work, please be
sure to let me know and I will instruct the Natural Resources Department to prepare the
necessary paperwork for you to complete/sign. Should you have any follow up
questions, please do not hesitate to contact me again.
Thank you,
Hugh
Summary of results:
• The two flagged trees near the rear property line did not meet the
removal criteria. I removed the flagging. However, two other
lodgepoles within that group did meet the removal criteria due to
forest health issues. I marked the two other trees with green
paint.
The one flagged
tree near the
left property
line did meet the
removal criteria
due to forest
health issues.
I marked the tree with
green paint.
Next steps:
• A Forest Management Permit can be issued to 7Tournament for
the removal of the three green -marked trees on commons,
However, the work must be pet -formed by an SROA approved
contractor (SROA listed as additionally insured on their Certificate
of Liability) and the cost covered by 7 Tournament.
J- removed during the next
• If the three trees remain, they will be ret-n
tree thinning/ladder fuels reduction cycle.
Hugh Palcic
J-TeS c
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SUBMIT COMPLETED REQUEST TO
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BOARD • _._
rei#11411TIA • '
MEETING DATE: July 26, 2023
SUBJECT: Public Hearing on Senate Bills 391 and 644 - Rural Accessory Dwelling Unit
Legislative Amendments
BACKGROUND AND POLICY IMPLICATIONS:
The Board will conduct a public hearing concerning local provisions for rural accessory
dwelling units (ADUs) as identified in Senate Bill 391 (file no. 247-22-000671-TA). The first
of two required public hearings on this matter was held before 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
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 Public Hearing - Rural Accessory Dwelling Unit (ADU)
Legislative Amendments
I. OVERVIEW & RECENT CHANGES
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) 391' (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
' https://olisoregonlegislature.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-1 7
3 See Deschutes County Planning Commission October 27, 2022 Agenda for more information:
https://www.deschutes.org/bc-pc/page/planning-commission-21
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.org/adu.
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
Applies to Rural Residential (RR10), Multiple Use Agricultural (MUA10), Urban Area
1.
Rural Residential
Reserve (UAR-10), Suburban Residential (SR 2.5), and Westside Transect (WTZ) zones.
Exception Areas,
Minimum Lot Size, and
a Lot or parcel must be at least two (2) acres in size.
Dwelling Requirements
One (1) single-family dwelling must be sited on the lot or parcel.
2.
Existing Dwelling
• The existing single-family dwelling is not subject to an order declaring it a nuisance
Nuisance
or pending action under ORS 105.550 to 105.600.
3.
ADU Sanitation
0 The ADU must comply with all applicable laws and regulations relating to
Requirements
sanitization and wastewater disposal and treatment.
4.
ADU Square Footage
The ADU cannot include more than 900 square feet of useable floor area.
Requirements
S.
ADU Distance
The ADU is required to be located no farther than 100 feet from the existing single
Requirements
family dwelling.
6.
<ADU Water Supply
If the ADU is relying on a domestic well, no portion of the lot or parcel can be within
Requirements
new or existing ground water uses restricted by the Water Resource Commission.
4 Within the proposed amendments, added language is shown underlined and deleted shown as strikethrough.
Page 2 of 7
Eligibility
Restrictions
A county may require that an ADU be served by the same water supply source or
7. ADU Water Supply Source
water supply system as the existing single-family dwelling, provided such is allowed
Option
by an existing water right or a use under ORS 537.545 (exempt uses).'
8. ADU / MetoliusArea of
Critical State Concern
0 No portion of a lot or parcel can be within a designated area of critical state concern.
Limitations
9. ADU Setback
0 The ADU is required to have adequate setbacks from adjacent lands zoned Exclusive
Requirements
Farm Use (EFU) or Forest Use (F1 or F2).
• 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
10. ADU / Statewide Wildfire
mapped area (R327.4).
Map Requirements
. 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-
0If the ADU is not subject to ORS 477.015 to 477.061 (i.e. outside of the newly -defined
Urban Interface (WUI)
WUI), local jurisdictions can impose supplemental defensible space and fuel break
Area Requirements
standards.
12. ADU Adequate Access
and Evacuation for
a Local regulations must ensure the ADU has adequate access for firefighting
Firefighting
equipment, safe evacuation, and staged evacuation areas
Requirements
13. ADU Occupancy
ADUs cannot be allowed for vacation occupancy, as defined in ORS 90.100.
Requirements
14. ADU Land Division
0 If an eligible property with an ADU is divided, the single-family dwelling and ADU
Requirements
cannot be situated on a different lot or parcel.
15. ADU / Additional Units
• A second ADU is not allowed.
' 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 SIB 391/SB 644
Draft County Interpretation
Standard
• Means the living space area of the accessory dwelling unit included within the
Useable Floor Area
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
100-Foot Siting Distance
dwelling, measured from a wall of the single-family dwelling to the nearest part of
the "useable floor area" of the accessory dwelling unit.
• "Safe evacuation plan" means an identifiable route on a right(s)-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
Adequate Access and
13.5 feet, connecting an accessory dwelling unit with a fire protection service
Evacuation for Firefighting
provider with professionals who have received training or certification described in
Requirements
ORS 181A.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
Further details are included as part of the attached Commission
Memo (Attachment 2).
presented include this provision.
Recommendation and Discussion
Page 5 of 7
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.' 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 staffs 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 Legislatures. 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)
' https://oregonexplorer.info/tools
8 See Board of County Commissioners November 14, 2022 Agenda for more information:
https://www deschutes.org/bcc/gage/board-county-commissioners-meeting-71
9 https•//olis oregonlegislature gov/liz/2023Rl/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
At the conclusion of the public hearing, the Board may:
Continue the hearing to a date certain;
Close the hearing and leave the written record open to a date certain; or
Close the hearing, and commence deliberations.
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
10 https://olis oregonle.gislature gov/liz/2023Rl/Downloads/MeasureDocument/SB80/Enrolled
Page 7 of 7
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.' 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/1 iz/2021 R1/Downloads/MeasureDocument/SB391
117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005
Q, (5,11) 388-6575 a@cdd@deschutes.org ®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.3 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.
Z House Bill 3012 (2017).
3 https://olis.oregonlegislature.gov/liz/2023Rl /Downloads/MeasureDocument/SB644/Enrolled
4 https://olis.oregonlegislature.gov/liz/2021 R1 /Down loads/Measu reDocu ment/SB762/En ro [led
5 SB 1533 (2022) corrected broken links in SB 762 related to wildfire mapping.
247-22-000671 JA 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
SB 644 Section 1(2)(c) requires one single-family
DCC 18.116.355(B)(1) and DCC
Single Family Dwelling
dwelling to be located on the lot or parcel.
19.92.160(B)(1) are consistent with
SB 391 /SB 644.
SB 644 Section 1(2)(a) requires that the lot or
DCC 18.116355(B)(2) is consistent
parcel is not located within an area designated as
with SB 391/SB 644. Redmond's
Urban Reserve Area
an urban reserve as defined in ORS 195.137. in
Urban Reserve Areas is not near
Deschutes County, the Redmond Urban Reserve
lands zoned in Title 19, therefore it
Area is the only urban reserve that meets this
is not cited in DCC 19,92.160.
definition. '
SB 644 Section 1(1)(b) requires that "Area zoned
for rural residential use" has the meaning given
that term in ORS 215.501.
Pursuant to DLCD, Acknowledged
ORS 215.501(1)(b), "Area zoned for rural
nonresource plan amendments
residential use" means land that is not located
and zone changes from Exclusive
Nonresource Lands
inside an urban growth boundary as defined in
Farm Use (EFU) to RR-10 or MUA-
ORS 195.060 (Definitions) and that is subject to an
10 are eligible for an ADU.
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.
SB 644 Section 1(2)(i) requires that no portion of
DCC 18.116.355(B)(3) is consistent
the lot or parcel is within a designated area of
with SB 391/SB 644. The Metolius
Areas of Critical State
critical state concern. Areas of critical state
Area of Critical State Concern is
Concern
concern are generally defined in ORS 197.405 and
not near lands zoned in Title 19, '
apply to the Metolius Area of Critical State
therefore if is not cited in DCC
Concern in ORS 197,416.
19,92,160.
DCC 18.116.355(B)(4) and DCC
19.92.160(B)(2) are consistent with
SB 391 /SB 644.
Minimum Lot Size
SB 644 Section 1(2)(b) requires the subject lot or
DCC 18.116.355(B)(4) requires a
parcel be at least two acres in size.
p
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
DCC 18.116,355(B)(5) and DCC
SB 644 Section 1(2)(m)(A) requires that the ADU
19,92.160(B)(3) are consistent with
Setbacks
has adequate setbacks from adjacent lands
SB 391. Both require a minimum
setback of 100 feet between the
zoned for resource use,
ADU and adjacent EFU and Forest
Use zoned (F-1, F-2),properties.
DCC 18.116.355(B)(6) and DCC
19.92.160(B)(4) are consistent with
SB 391/SB 644.
SB 644 Section 1(2)(f) limits the size of the ADU to
Usable floor area is defined as,
ADU Size
900 square feet of useable floor area.
"the area of the accessory dwelling
unit included within the
surrounding insulated exterior
walls, exclusive of garages,
carports, decks and porch covers."
DCC 18.116355(B)(7) and DCC
19.92.160(B)(5) are consistent with
SB 391/SB 644.
SB 644 Section 1(2)(g) requires the ADU to be
Both require the ADU be located
Distance from Dwelling
located no farther than 100 feet from the single
no farther than 100 feet from the
family dwelling.6
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.
SB 644 Section 1(2)(e) requires the ADU to comply
DCC 18.116.355(B)(8) and DCC
Sanitation and
with applicable sanitation and wastewater
19.92.160(B)(6) are consistent with
Wastewater
regulations.
SB 391/SB 644.
SB 644 Section 1(2)(j) requires the lot or parcel be
DCC 18.116.355(B)(9) and DCC
Fire Protection District
served by a fire protection' service provider with
19.92.160(B)(7) are consistent with
Service
professionals who have received training or
SB 391 /SB 644.
certification described in ORS 181A.410.
DCC 18.116.355(B)(10) and DCC
19.92.160(B)(8) are consistent with
SB 391 /SB 644.
SB 644 Section 1(2)(m)(B) requires that the ADU
As an alternative standard, both
Access and Evacuation
has adequate access for firefighting equipment
sections allow certification of
and safe evacuation and staged evacuation areas.
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
SB 644 Section 1(2)(k) requires that if the lot or
DCC 18.116.355(B)(12) and DCC
parcel is in an area identified on the statewide
19.92.1 60(B)(1 0) are consistent
map, of wildfire risk described in ORS 477.490 as
with SB 391/SB 644.'
within the wildland-urban interface, the lot or
Wildland Urban Interface
parcel and accessory dwelling unitcomply, with
Consistent with SB 644, the code
(WUI) Defensible Space
any applicable minimum defensible space
sections identify alternatives for
Requirements
requirements for wildfire risk reduction
properties wishing to develop
established by the State Fire Marshal under ORS
rural ADUs prior to and after the
476.392 and any applicable local requirements
adoption of the State Map of
for defensible space established by a local
Wildfire Risk identified in SB 762.
government pursuant to ORS 476.392
SB 644 Section 1(2)(1)(A) requires that if the lot or
parcel is in an area identified on the statewide
DCC 18.116.355(B)(11) and DCC
map of wildfire risk described in ORS 477.490, the
19.92.160(B)(9) are consistent with
ADU must comply with R327 (fire hardening
SB 391 /SB 644.
standards) in the Oregon Residential Specialty
Wildland Urban Interface
Code.
Consistent with SB 644, the code
(WUI) Fire Hardening
sections identify alternatives for
SB 644 Section 1(2)(1)(B) requires that if no
properties wishing to develop
statewide map of wildfire risk has been adopted,
rural ADUs prior to and after the
the ADU must comply with R327 (fire hardening
adoption of the State Map of
standards) in the Oregon Residential Specialty
Wildfire Risk identified in SB 762.
Code
SB 644 Section 1(2)(d) requires the existing single-
family dwelling property on the lot or parcel is not
DCC 18.116.355(B)(13) and DCC
Nuisance
subject to an order declaring it a nuisance or
19.92.160(B)(11) are consistent
subject to any pending action under ORS 105.550
with SB 391/SB 644.
to 105.600.
SB 644 Section 1(2)(m)(C)(4)(a) and (b) preclude a
Subdivision and Other
subdivision, partition or other division of the lot
DCC 18.116.355(B)(14) and DCC
Accessory Dwelling
or parcel so that the existing single-family
19.92.160(B)(12) are consistent
Unit Limitations
dwelling is situated on a different lot or parcel
with SB 391/SB 644.
than the ADU; and precludes construction of an
additional ADU on the same lot or parcel.
DCC 18.116.355(B)(15) and DCC
SB 644 Section 1(2)(m)(C)(5) allows a county to
19.92.1 60(B)(1 3) are consistent
require that the ADU be served by the same
with SB 391/SB 644.
water source or water supply system as the
existing single-family dwelling. if the ADU is
While not requiring the same
Water Supply
served by a well, the construction of the ADU
water source, DCC
shall maintain all setbacks from the well required
18.116.355(B)(15) and DCC
by the Water Resources Commission or Water
19.92.160(B)(13) require setbacks
Resources Department.
from the well to be maintained
from an ADU.
247-22-000671-TA Page 5 of 43
Topic
SB 391/SB 644 Requirements
Comment
SB 644 Section 1(2)(m)(C)(6) recognizes that a
single-family dwelling and an ADU are considered
DCC 18.116.355(B)(17) and DCC
Water Right Exempt Use
a single unit and therefore do not require a
19.92.1 60(B)(1 5) are consistent
groundwater permit from the Oregon Water
with SB 391/SB 644.
Resources Department.
SB 644 Section 1(2)(h) requires that no ADUs be
permitted in areas if the water supply source for
the accessory dwelling unit or associated lands or
gardens will be a well using water under ORS
DCC 18.116.355(B)(18) and DCC
Water Right Restrictions
537545 (1)(b) or (d), no portion of the lot or
19.92.160(B)(16) are consistent
parcel is within an area in which new or existing
with SB 391/SB 644,
ground water uses under ORS 537.545 (1)(b) or
(d) have been restricted by Water Resources
Commission'.
DCC 18.116.355(B)(19) and DCC
SB 644 Section 1(2)(m)(C)(3) prevents an ADU
19.92.1 60(B)(1 7) are consistent
Vacation Occupancy
from being used for vacation occupancy as
with SB 391 /SB 644.
defined in ORS 90.100,
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 rnet 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 Appendix 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 lots 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
lots 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
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
Chapter4: Impact Areas........................................................................................................19
Chapter5: ESEE Analysis........................................................................................................20
Chapter6: 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).
S. 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.$ 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 19.12, Urban Area Reserve Zone
. DCC Chapter 18.32, Multiple Use Agricultural . DCC Chapter 19.20, Suburban Low Density
Zone Residential Zone
. DCC Chapter 18.60, Rural Residential Zone . DCC Chapter 19.22, Westside Transect Zone
s 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 JA 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
"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 MUM 0 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 MUM 0 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
Personal use airstrip
Agricultural uses
Golf course
Single family dwelling or
Type 2 or 3 Home occupation
manufactured home
Destination resorts
Harvesting a forest product
Planned developments
Class I and II road or street projects
Cluster developments
subject to land division standards
Landfills
MUA-10
Class III road or street project
Timeshare
Noncommercial horse stables
Hydroelectric facility
Horse events
Storage, crushing and processing of minerals
Operation, maintenance and piping of
Bed and breakfast inn
canals
Excavation, grading and fill
Type I Home occupation
Religious institutions
Historic accessory dwelling units
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
subject to land division standards
Bed and breakfast inn
RR-10
Class III road or street project
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." 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.
" 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 - Impact Area 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 92
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 Goal 5 resource. The ESEE
analysis must consider any applicable statewide goal or acknowledged plan requirements,
including the requirements of Goal S. 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 (8) - 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 JA 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 recreationa lists.
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 JA 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 JA 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 JA Page 27 of 43
Scenario LQ 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
recreationa lists.
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 Goals. 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 MUM 0
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
Support habitat
Support
Support
Preserves Rural
functions
Affordable
Recreational
Character
Transportation
ESEE Factors
(Environmental,
Housing
Economy
(Social,
(Energy)
economic,
(Social,
(Economic,
economic)
social)
economic)
Social)
Prohibit conflict
0
_
0
0
0
(No code change)
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
Flood Plain
Conflicts
Comments
Relevant
Resource
Relationship
Ordinances
Major conflicts are
Floodplain zone recognized as
program to achieve the goal to
removal of riparian
conserve fish habitat (Ordinance
vegetation, fill and
Nos. 88-030, 88-031, 89-009).
Ordinance Nos.
Fish Habitat
removal activities
86-018, 86-053,
(Inventory — Ord.
within the bed and
Others include: fill and removal
86-054, 86-056,
No. 92-041, page
Yes
banks of streams or
permits, wetland removal
88-030, 88-031,
creeks, rivers
wetlands,
regulations, hydro prohibitions,
89-009, 92-040,
and lakes)
an
hydroelectric, rural
rimrock setbacks, 100' setback
92-041
residential
from OHW, conservation
development and
easements and restrictions on
water regulation
boats and docks.
Floodplain zone recognized as a
program to achieve the goal to
protect deer winter range
Major conflicts are
(Ordinance Nos.'88-030, 88-031,
Deer Winter Range
dwellings, roads, and
89-009).
(Inventory - Ord.
dogs. Activities which
Ordinance Nos.
No. 92-041, page
cause deterioration of
Others include Wildlife Area
88-030, 88-031,
22; Metolius,
Yes
forage quality and
Combining Zone. Requires 40-acre
89-009, 92-040,
Tumalo, North
quantity or cover are
minimum lot size for all new
92-041, 92-042,
Paulina, and Grizzly
conflicting uses.
residential land divisions.
92-046
ranges identified by
Fences which impede
Underlying zoning in most of the
ODFW
safe passage are also
deer winter range is: EFU, Forest,
a conflicting use. '-
and Floodplain. These zones
provide for large lot sizes and limit
uses that are not compatible with
farm or forest zones.
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
Deer Migration
Major conflicts are
land divisions in the RR-10 zone in
Corridor
dwellings, roads, and
the Bend/La Pine migration
(Inventory — Ord.
dogs. Fences which
corridor (92-042). A 20-acre parcel
Ordinance Nos.
No. 92-041, page
Yes
impede safe passage
is the minimum size required for a
92-040, 92-041,
26; Bend -La Pine
are also a conflicting
cluster development. Siting and
92-042, 92-046
migration corridor
fencing standards also apply in the
identified by ODFW)
use.
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.
247-22-000671-TA Page 32 of 43
Inventoried
Flood Plain
Conflicts
Comments
Relevant
Resource
Relationship
Ordinances
Wildlife Area Combining Zone was
recognized as the only program to
achieve the goal to protect the elk
habitat.
Major conflict is the
It was amended to require a 160-
loss of habitat due to
acre minimum lot size for areas
increased residential
identified as significant elk habitat.
densities in the
Siting standards are required to
habitat areas,
minimize conflicts of residences
Elk Habitat
Increased human
with habitat protection.'
Ordinance Nos.
(Inventory - Ord.
disturbance can cause
88-030, 88-031,
No. 92-041- page
Yes
conflict with elk. The
Underlying zoning in the elk habitat
89-009, 92-040,
32; identified by
use of land which
areas is either Floodplain, Forest, or
92-041, 92-042,
USES and ODFW)
necessitates the
Open Space and Conservation.
92-046
removal of large
These resource zones restrict high
amounts of vegetative
density residential development
cover can also alter
and prohibit industrial and
the quality of elk `
commercial uses.
habitat.
* Some lands are zoned RR10,
including lots that are split zoned
with flood plain. They are already
parcelized, preventing future land
divisions.
Land use or
To achieve the goal to conserve
development
antelope habitat, uses conflicting
Antelope Habitat
activities which would
with antelope habitat are limited to
(Inventory — Ord.
result in the loss of
the Wildlife Area Combining Zone.
Ordinance Nos.
No. 92-041— page
No
habitat, and animal
In antelope range, the minimum lot
92-040, 92-041,
38; identified by
harassment and
size is 320 acres. Except for rural
92-042, 92-046
ODFW)
disturbance
service centers, the antelope
associated with
habitat is zoned EFU or F1.
human activity.
Nest sites are found in
Forest, EFU and Open
Space and
Habitat for
Conservation zones.
Sensitive Birds
Uses that could
(Inventory - Ord.
conflict with the
No. 92-041— page
habitat site are
41 and Table 5;
surface mining,
identified by ODFW,
residential use,
The Sensitive Bird and Mammal
Ordinance Nos.
ODF, OSU, Oregon
No
recreation facilities,
Combining Zone achieves the goal
92-040, 92-041,
Natural Heritage
roads, logging, and air
to protect sensitive bird sites.
92-042, 92-046
Data Bases).
strips.
The area required
Any activity which
for each nest site
would disturb the
varies between
nesting birds,
species.
including intensive
recreational use or
removal of trees or
247-22-000671-TA Page 33 of 43
Inventoried
Flood Plain
Conflicts
Comments
Relevant
Resource
Relationship
Ordinances
vegetation could
conflict with the
habitat site.
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
(UPDATE-
the nest from conflict varies
Inventory —Ord. No.
between species. it's called
94-004 —pages 3 to
"sensitive habitat area."
Ordinance Nos.
140 Site specific
No
See above.
94-004, 94-005 '
ESEE analysis and
Note: Northern bald eagle, osprey,
and 94-021
decisions follow
golden eagle, prairie falcon, and
each site,
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. '
Floodplain zone recognized as
program to achieve the goal to
Waterfowl Habitat
Future resort and
conserve waterfowl habitat
(Inventory — Ord.
vacation home
(Ordinance Nos. 88-030, 88-031,
No. 92-041— page
development, human
89-009).
56; includes all
activity associated
rivers, streams,
lakes and perennial
with recreation along
Others include: fill and removal
Ordinance Nos.
wetlands and ponds
rivers and lakes,
permits, wetland removal
86-018, 86-054,
identified on the
timber -cutting around
regulations, rimrock setbacks, 100'
86-056, 88-030,
1990 US Fish and
Yes
sensitive habitats, fill
setback from OHW, conservation
88-031, 89-009,
Wildlife Wetland
and removal of
easements, restrictions on boats
92-040, 92-041,
Inventory Maps;
material in wetlands
and docks, landscape management,
92-042- 92-045,
ODFW provided lists
and within the bed
state and federal scenic water
92-046
and banks of rivers
regulations. In addition, the Forest
of all bird species;
and streams, and
and EFU zones require large
Co/City of Bend
removal of riparian
minimum lot size which limits the
River Study
vegetation are
potential density of development in
provides additional
conflicting uses.
the areas adjacent to many of the
information)
rivers, streams, wetlands, and
ponds used for waterfowl habitat.
247-22-000671-TA Page 34 of 43
Inventoried
Resource
Flood Plain
Relationship
Conflicts
Comments
Relevant
Ordinances
Pheasant and quail
are affected
whenever agricultural
For all of the upland game birds
land is taken out 0f
except sage grouse, the habitat is
production through
adequately protected by the
Upland Game Bird
urban sprawl, road
existing EFU and, Forest zoning and
Habitat
construction,
the provisions to protect wetlands
(Inventory -Ord.
industrial
and riparian areas to achieve the
No. 92-041-page
development and
goal of protecting upland game
60; ODFW did not
other land clearing
birds.
identify critical
activities.
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-
species except for
Yes
existing agricultural
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
impact. Fence row,'
04, 92-041, 92-
game birds is
woodlots,!and riparianhabitat.
042, 92-046
dispersed
vegetation are
Note: conflicts with sage grouse are
throughout the
:
constantlybeing
limited by EFU zoning with a 320
county in riparian,
removed at the
acre minimum parcel size.
forest, agricultural,'
expense of upland
Sensitive Bird and Mammal
and rangeland
bird use.
Combining Zone pertaining to sage
areas)
grouse and leks have been
Chapter of
repealed due to LCDC enacted rules
County/City of Bend
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 JA Page 35 of 43
Inventoried
Flood Plain
Conflicts
Comments
Relevant
Resource
Relationship
Ordinances
Furbearer habitat is adequately
protected by the existing EFU and
The conflicting uses
Forest zoning and the provisions to
are those activities or
protect farm use and forest zoning,
Furbearer Habitat
development which
and the provisions to protect
(Inventory — Ord.
would degrade or
wetlands and riparian areas to
Ordinance Nos.
9page
destroy habitat, or
achieve the goal to protect
86-018, 86-
65; 5; ODFW FW has not
disturb the animals
furbearers.
053,86-054, 86-
identified any
specific habitat sites
Yes
causing them to
056, 88-030, 88-
other than riparian
relocate.
The farm and forest zones require
031, 89-009, 92-
and wetland areas
large minimum lot sizes and many
040, 92-041
Conflicts between
uses are permitted only as
that are critical for
furbearers and other
conditional uses. The measures to
the listed species.
land uses are minimal
protect riparian and wetland
in the county.
habitat are detailed in this plan in
the Riparian and Wetland Habitat
section.
Caves located in EFU
Habitat Areas for
zones. Uses permitted
Townsend's Big-
in those zones that
Eared Bats
could conflict with the
(Inventory - Ord.
habitat site are
Program to achieve the goal is
Ordinance No.
No. 92-041- page
No
surface mining,
Sensitive Bird and Mammal
92-041 and 042
69; identified by
recreation facilities
Combining Zone
ODFW, ODF, OSU,
including golf courses
Oregon Natural
and destination
Heritage Data
resorts, roads,
Bases)
logging, and air strips.
UPDATE - Inventory
Habitat areas for Townsend Bats,
—Ord. No. 94-004-
adopted in No. 92-041 is repealed
pages 140 to 155
and replaced and further amended
Ordinance Nos.
Site specific ESEE
No
See above.
in Exhibit 2. The'ESEE for
94-004 and 94-
analysis and
Townsend's big -eared bats is
021
decisions follow
amended for additional bat sites in
each site.
Exhibit 3.
247-22-000671-TA Page 36 of 43
Inventoried
Resource
Flood Plain
Relationship
Conflicts
Comments
Relevant
Ordinances
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.
Floodplain zone recognized as
program to achieve the goal to
Structural
conserve wetland and riparian
Wetlands and
development in
habitat (Ordinance Nos. 88-030, 88-
Ordinance Nos.
Riparian Areas
wetlands or riparian
031, 89-009).
86-018, 86-054,
(Inventory — Ord.
Yes
areas would reduce
the habitat and the
Others include: fill and removal
86-0 , 88-0,
No. 92-041—page
use of the structure
permits, wetland removal
88-031, 89-009,
identified on
could cause conflicts
regulations, hydro prohibitions,
92-0492 041,
USFWS NWI)
such as harassment or
100' setback from OHW,
92-045
disturbance or wildlife
conservation easements,
dependent on the
restrictions on boats and docks,
habitat. Cutting of
and landscape management.
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.
247-22-000671-TA Page 37 of 43
Inventoried
Resource
Flood Plain
Relationship
Conflicts
Comments
Relevant
Ordinances
Conflicting uses:
Locating septic
systems in riparian
Riparian Areas inventory and ESEE
UPDATE — Riparian
area could cause
analysis adopted by Ordinance No.
inventory — Ord.
pollution of ground
92-041 is deleted and replaced by
No. 94-007;
and surface water
an inventor and ESEE contained in
y
Significant riparian
systems. The potential
Exhibit A.
for this conflict
habitat is located in
depends on the
three areas:
characteristics of the
New parcels meeting the minimum
lot size in the resource zones (EFU,
Area within 100' of
soil.
Forest, non -exception flood plain)
OHW of an
Locating structural
will not cause an increase in
inventoried stream
development in
residential density that would
or river;
conflict with riparian habitat
riparian areas can
values.
reduce the habitat
Area adjacent to an
and the use of
inventoried river or
structures could cause
In RR10, MUA-10, and Floodplain
stream and located
conflicts such as
zones found adjacent to
within a flood plain
harassment or
inventoried riparian areas, the
Ordinance Nos.
mapped by FEMA
Yes
disturbance of wildlife
creation of new 10 acre parcels
94-007
and zoned
dependent on habitat.
Would not significantly increase the
Floodplain by the
overall density of residential use
county (Deschutes
Recreational use of
adjacent to riparian areas because
River, Little
the riparian area
the areas where new parcels could
Deschutes River,
including boat landing
be created, with the exception of
Paulina Creek, Fall
areas, formal and
Tumalo Creek, are already divided
River, Indian Ford
informal trails, and
into lots considerably smaller than
Creek, Tumalo
10 acres.
Creek, Squaw
camping areas can
(Whychus) Creek,
alter soil composition
Program to achieve Goal 5 for
and Crooked River
and cause destruction
Riparian Habitat: fill and removal
of vegetation.
regulations to protect wetlands,
Area adjacent to a
Increase in density of
100' setback from OHW, Floodplain
river or stream and
residential lots in or
zone (regulates docks too),
inventoried as a
adjacent to riparian
Landscape Management zone,
wetland on the NWI
areas could result in a
Conservation easements, State
decrease of habitat
Scenic Waterway
effectiveness because
of disturbance to
wildlife.
247-22-000671 JA Page 38 of 43
Inventoried
Resource
Flood Plain
Relationship
Conflicts
Comments
Relevant
Ordinances
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
Wetlands Inventory and ESEE
conflicts such as
analysis adopted by Ordinance No.
harassment or
92-041 is deleted and replaced by
disturbance of wildlife
an inventory and ESEE contained in
dependent on the
Exhibit B, Wetlands.
habitat.
UPDATE — Wetland
Program to achieve Goal 5 for
Inventory Ord.
Inv ntory
Inv
Draining wetlands for
Wetland Habitat:
Ordinance Nos.
,Exhibit
Yes
agriculture of other
94-007
B — inventory is NWI
development
• Fill and removal
(Ord. No. 92-045)
purposes destroys the
regulations to protect
hydrological function
wetlands
of the wetland and
9 100' setback from OHW
alters the habitat
• Flood plain zone (regulates
qualities that certain
docks too)
wildlife depend on.
• DSL Removal / Fill law
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.
247-22-000671-TA Page 39 of 43
Inventoried
Resource
Flood Plain
Relationship
Conflicts
Comments
Relevant
Ordinances
Ecologicallyand
Scientifically
Significant Natural
Programs for resource protection
Areas * Little
include the zoning of the property,
Deschutes River /
the provisions of the flood plain,
Deschutes River
wetlands and the river corridor.
Confluence
(Inventory - Ord.
The implementing measures which
No. 92-052, Exhibit
Resort and vacation
protect and regulate development
B, Page 1;
home development,
in the confluence area are: EFU
Ordinance Nos.
identified by
recreational
zoning, Floodplain zoning,
86-018, 86-054,
Oregon Natural
Yes
uses,livestock grazing,
conservation easements, and fill
86-056, 88-030,
Heritage Program);
and fill and removal in
and removal permits.
88-031, 89-009,
Analysis of Pringle
wetlands are
92-040, 92-041,
Falls and Horse
conflicting uses.
The confluence area is located in
92-045
Ridge Research
the undeveloped open space area
Areas, West
of the Sunriver development
Hampton Butte and
(Crosswater). 80% of the property
Davis Lakes;
is retained as open space.
excluded b/c
they're on federal
Today, zoning is Floodplain and
land and/or not
Forest Use.
related to flood
plains.
Landscape
Management
Uses conflicting with
Rivers and Streams
open space and scenic
(Inventory — Ord.
resources along the
No. 92-052, Exhibit
designated Landscape
C, Page 3;
Management rivers
identified by state
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
habitat loss or
restrictions, fill and removal
86-0 86-053,
within 660' of OHW
development within
permits, wetland removal
86-0 54, 86-0,
of portions of
Yes
river or stream
regulations, hydro prohibitions,
88-031,
88-0 30,
Deschutes River,
corridors which would
rimrock setbacks, conservation
,
89-009, 92 033,
Little Deschutes
excessively interfere
easements, restrictions on boats
93 034
River, Paulina
with the scenic or
and docks, and landscape
Creek, Fall River,
natural appearance of
management.
Spring river, Tumalo
the landscape as seen
Creek, Squaw
from the river or
(Whychus) Creek,
stream or alteration
and Crooked River
of existing natural
not on the state or
landscape by removal
federal scenic
of vegetative cover.
designations)
247-22-000671-TA Page 40 of 43
Inventoried
Flood Plain
Conflicts
Comments
Relevant
Resource
Relationship
Ordinances
Conflicting uses with
the open space and
scenic values of the
land adjacent to the
inventoried lakes
Lakes and
include development
Reservoirs
which would cause a
Conflicting uses around Tumalo
(Inventory Ord.
loss of open space or
Reservoir are specifically limited by
No. , , Exhibit
a decrease in the
Title 18.48, Open Space `
Ordinance No.
C, Paggee 10;0; includes
No
aesthetic and scenic
Conservation Zone and a 100'
91-020
Upper Tumalo
resources, and land
setback for any structure from
Reservoir;
management
OHW.
remaining are on
activities resulting in
federal land
the removal of natural
vegetation which
provides wildlife
habitat and scenic
value.
Program for resource protection
State Scenic
es:
includes:
Waterways and
See County / City of
lain zone and restrictions, fill
Floodp86-018,
Ordinance Nos.
Federal Wild and
Bend River Study and
and removal permits, wetland
86-053,
Scenic Rivers
Yes
1986 River Study Staff
removal regulations, hydro
86-054, 86-056,
(Inventory —Ord.
Report. Both
prohibitions, rimrock setbacks,
88-030, 88-031,
No. 92-052, Exhibit
referenced in Ord. 92-
conservation easements,
89-009, 92-033,
E, Page 1;
005, Exhibit E.
restrictions on boats and docks,
93 034
and landscape management.
Wilderness Areas,
Areas of Special
Concern, Energy
Sources (Ord. No
92-052), and
Groundwater
No
N/A
N/A
N/A
Resources (Ord. No.
94-003) not
analyzed because
they're on federal
land or don't relate
to flood plains.
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 - Elk Range
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 2S 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.
K. Residential Accessory Dwelling Units, subject to DCC 18.116.355,
HISTORY
Adopted by Ord. PL-15 on 111111979
Amended by Ord. 91-002 §6 on 21611991
Amended by Ord. 91-005 §18 on 31411991
Amended by Ord. 91-020 §1 on 512911991
Amended by Ord. 91-038 §1 on 913011991
Amended by Ord. 93-001 §1 on 112711993
Amended by Ord. 93-043 §4 on 812511993
Amended by Ord. 94-008 §10 on 61811994
Amended by Ord. 2001-016 §2 on 312812001
Amended by Ord. 2001-039 §2 on 1211212001
Amended by Ord. 2004-002 §3 on 412812004
Amended by Ord. 2019-009 §1 on 91312019
Recorded by Ord. 2019-009 §1 on 91312019
Amended by Ord. 2023-0 x §x on (datel
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 III road or street project.
G. Noncommercial horse stables as defined in DCC Title 18, excluding horse events.
H. 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.
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 111111979
Amended by Ord. 91-005 §§30 & 31 on 31411991
Amended by Ord. 91-020 §1 on 512911991
Amended by Ord. 93-043 §8 on 812511993
Amended by Ord. 94-008 §12 on 61811994
Amended by Ord. 2001-016 §2 on 312812001
Amended by Ord. 2001-039 §5 on 1211212001
Amended by Ord. 2004-002 §7 on 412812004
Amended by Ord. 2019-009 §2 on 91312019
Recorded by Ord. 2019-009 §2 on 91312019
Amended bV Ord. 2023-00x §x on fdatel
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
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. "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
z- Zones) may constructs 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-family dwelling constructed or a manufacturedhome 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 aeeesseFy dwelling "^`+ may not be used simultaneously for short-term
rentals of thirty (30) consecutive days or less.
HISTORY
Adopted by Ord. 2019-009 §3 on 91312019
Recorded by Ord. 2019-009 §3 on 91312019
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-familV 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 maV evacuate to reorganize.
�
a
9.11IIIIIIIIIAME
rea"means all areas ofthe aocessorydwelling uni
ndine insulated exterior walls, exclu
"Vacation occupancy" means occupancy in a dwelling unit, not including transient
and
b. The occupant has a principal residence other than at the unjV and
�essor dwelling unit (ADU) is
1 nnp -,inpIp-fpmi|vdm/P||inoissiteJonthe lot oroaoe|:
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 accessorV dwelling unit during construction of a new primarV single-familV
2. The lot or parcel is not located within the Redmond Urban Reserve \rea, consistent Mith
ORS 195.137.
Area of Critical State Concern,,qs
defined in ORS 197,416.
4. The lot area is at least two acres in size, with the exc�����
between Sunriver and the
RanRes 9E, 10E and 11E. Within these exception areas, the lot area is at least five acres
5 The accessory dwelling unit will have a minimum setback of 100 feet from adjacent land
zoned F-1 F-2 ar 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 na 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.
r oarcel is
cert
reJ
ory dwelling unit provides for all of the following:
ate access connecting an accessory dwelling unit with a I
nals who have received training or certification described
ORS 181A.410. Adeauate access is met by demonstrating compliance with section
)r section 10(a)(iii):
inimum 20-foot width right(s)-of-wav with an unobstru
n`13.5 feet.
Public roads with maintenance responsibility acce
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:
J. For areas designated as high wildfire hazard that are identified pursuant to ORS
1. Primary Firebreak. Prior to use, a primary firebreak, not less than 10
shall be constru
Is. 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 adiacent 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 I e-family dwelling property on the lot or parcel is not subject to an
order declaring it a nuisance or sub1ect to any pending action under ORS 105.550 to
105.600.
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 existing single-family dwelling_and an accessory dwellinunit allowed under this
section are considered a single unit for the purposes of calculating ground water right
exemptions under ORS 537.545 11.
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
J�~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)(7)
and consistent with ORS 90.100.
HISTORY
Adopted by Ord. 2023-00x §x on (datel
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 111111979
Repealed & Reenacted by Ord. 91-020 41 on 512911991
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.
3. 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.
4. 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 111111979
Repealed & Reenacted by Ord. 91-020 §1 on 512911991
Amended by Ord. 93-043 §24 on 812511993
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;
2. The long-standing occupation area is different than the legal description in the deed for
the subject property;
3.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.
S. 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 91..3011991
Amended by Ord. 2004-013 §15 on 912112004
Amended by Ord. 2010-003 §1 on 71612010
Amended by Ord. 2023-00x §x on idatel
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 111111979
Repealed & Reenacted by Ord. 91-020 §1 on 512911991
18.132.040 Variance Procedure
The variance application shall be processedaccording to the terms of DCC Title 22, the Uniform
Development Procedures Ordinance.
HISTORY
Adopted by Ord. PL-15 on 111111979
Repealed & Reenacted by Ord. 91-020 §1 on 512911991
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 711111979
Amended by Ord. 88-042 §4 on 1211911988
Repealed & Reenacted by Ord. 90-038 §1,2 on 101311990
Amended by Ord. 91-001 §2 on 112811991
Amended by Ord. 2008-014 §3 on 313112008
Repealed & Reenacted by Ord. 2009-002 §1,2 on 211112009
Amended by Ord. 2019-009 §4 on 91312019
Recorded by Ord. 2019-009 §4 on 91312019
Amended by Ord. 2023-00x 4x on [date]
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 711111979
Amended by Ord. 88-042 §6 on 1211911988
Revealed & Reenacted by Ord. 90-038 §1,2 on 101311990
Amended by Ord. 91-001 §4 on 112811991
Amended by Ord. 93-018 §3 on 511911993
Repealed & Reenacted by Ord. 2009-002 §1,2 on 211112009
Amended by Ord. 2019-009 §5 on 91312019
Recorded by Ord. 2019-009 §5 on 91312019
Amended by Ord. 2020-001 §20 on 412112020
Amended by Ord. 2020-010 §9 on 71312020
Amended by Ord. 2023-00x §x on jdatel
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
Amende
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
Historic Accessory Dwelling Units In UAR-10
A. As used in this section:
"Historic Accessory dwelling unit 'ADU' "
connection with or that is auxiliary to a sii
"auxiliarv" means a
ans a residential structure that is used in
-family dwelling. For the purposes of this
ncidental and subordinate to the main w
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
z&ResZones) 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
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 anew 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 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-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 130),consecutive days or less.
HISTORY
Adopted by Ord. 2019-009 §6 on 91312019
Recorded by Ord. 2019-009 §6 on 91312019
Amended by Card. 2023-00x §x onMotel
-M
in this section:
"Arcessnry dwelline unit UADU'Y' 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. "auxiliarv" means a use or structure incidental and subordinate to the main use
of the oroperty, and located on
2 "Rural residential use" means a lot or parcel located in the UAR-10, SR 2 %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 all 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.
and
:�011T
nts the unit for vacation purposes onlv, not as a prin
rincipal residence other than at the unit; and
c. I ne perioa oT auinorizea occupancy aces nuL exceeu
B. One accessory dwellingunit (ADU) is permitted outright on a lot
2 %Zl or WTZ, provided:
1. One single-family dwelling is sited on the lot or parcel:
IN
1; ThP nrrPccnry dwelling unit will be located no farther than 100 feet from the existing
si
measured
-familv dwell
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.
S. 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,
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
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 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.
11. The existing single-family dwelling property on the lot or parcel is not subject to an
order declaring it a nuisance or subiect 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
HISTORY
Adopted by Ord. 2023-00x §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 711111979
Repealed & Reenacted by Ord. 90-038 §1 on 101311990
19.108.020 Criteria
No variance shall be granted pursuant to the p
establish:
A. That special conditions exist which are pecul
ns of DCC 19,108.010 unless the applicant can
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.
9.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 711111979
Repealed & Reenacted by Ord. 90-038 §1 on 101311990
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 711111979
Repealed & Reenacted by Ord. 90-038 §1 on 101311990
Under
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 711111979
Repealed & Reenacted by Ord. 90-038 §1 on 101311990
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 711111979
Amended by Ord. 88-042 §42 on 1211911988
Repealed & Reenacted by Ord. 90-038 §1,2 on 101311990
Amended by Ord. 95-050 §9'on; 612811995
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 (13)(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 (
Chapter 18.16), Forest Use Zon
F2 (DCC Chapter 18.40);
b. Any permit fora lot or parcel ti
Wetlands Inventory;
in the Exclusive Farm Use Zones (DCC
(DCC Chapter 18.36), or Forest Use Zone —
at includes wetlands as shown on the Statewide
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
a Historic Accesso
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.
DCC
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
(13)(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"
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 (I3)(2). If an applicant is applying for a
permit listed in subsection (13)(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. If the 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 (13)(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 (13)(2).
HISTORY
Adopted by Ord. 2017-015 §3 on 111111979
Amended by Ord. 2023-00x §x on date]
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) 391' (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/202IR1 /Down loads/Measu re Document/S130391/A-Engrossed
z See Deschutes County Planning Commission September 22, 2022 Agenda for more information:
https://www.deschutes.org/bc-pc/page/planning-commission-1 7
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 staffs 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 staffs 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.
IL 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 staffs 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 staffs 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 staffs 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 staffs 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.
Ill. 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
completed'.
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 6 of 8
• 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)18.886 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
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
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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 - 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, 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
https://olis.oregonlegisiature.gov/liz/2O2lRl /Download s/M ea sure Document/SB0391/A-Engrossed
Z See Deschutes County Planning Commission September 22, 2022 Agenda for more information:
https://www..deschutes.orR/bc-pc/page/planning-commission-1 7
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
BOARD OF
COMMISSIONERS
MEETING DATE: July 26, 2023
SUBJECT: Deliberations and possible first reading of an ordinance amending Deschutes
County Code relative to camping and other sleeping associated activity on public
property
RECOMMENDED MOTION:
Move approval of first reading of Ordinance No. 2023-013, amending Deschutes County
Code Title 11.04 relative to camping and other sleeping associated activity on public
property.
BACKGROUND AND POLICY IMPLICATIONS:
In June, the Deschutes County Sheriff's Office submitted a proposal to add a new section to
Deschutes County Code with respect to camping on public property.
County Legal Counsel has drafted an ordinance amending Title 11.04 of Deschutes County
Code relative to camping and other sleeping associated activity on public property.
BUDGET IMPACTS:
N/A
ATTENDANCE:
Erik Kropp, Deputy County Administrator
Dave Doyle, County Counsel
11.04.06(TBD by BOCC)
Camping on Publicly Owned land
1. Camping on publicly owned land is allowed with the restrictions provided in this County Code.
A. Definitions
The terms "camp", "campsite or "encampment" shall mean a location on publicly
owned land within Deschutes County, where one or more tents, awnings, lean-tos,
sleeping or bedding materials, cooking implements or materials, or other items or
structures have been erected, constructed, or placed including vehicles and recreational
vehicles, and appear to be used for human habitation, including but not limited to
sleeping, preparing cooking or warming fires, storing personal belongings, and urinating
or defecating.
B. Restrictions on camping on publicly owned land within Deschutes County may be suspended
during periods of extreme weather or other emergency situations.
2. Individuals who are camping are prohibited from camping on publicly owned land except as
noted below, and are required to comply with these time, place and manner regulations.
A. Time.
1. Camping on publicly owned land where allowed is subject to a 14-day stay limitation.
2. Campers must move no less than 2.5 miles from their original campsite at the
conclusion of this 14-day limit.
3. Enforcement of time restrictions may be suspended when an individual does not have
access to shelter and when an individual is engaged in case management or behavioral
health services, or when necessary or appropriate to respond to an individual's
disability.
B. Place.
Camping is not allowed at any time in any of the following places:
1. In or one mile from the boundary of any private property line.
2. Camping on publicly owned land and open to the public within the county, within
one mile of an Urban Growth Boundary on the Deschutes County Zoning Map in
effect at the time, unless at a posted, designated and developed campground. (16
U.S.C. 551A provides that States or political subdivisions thereof, such as Deschutes
County, shall retain their rights to exercise civil and criminal jurisdiction within or on
lands which are a part of the national forest system. 43 CFR 8365.1-7 provides the
same protections regarding Bureau of Land Management lands).
3. Any place where camping, a camp, or camp materials create a physical impediment
to emergency or nonemergency ingress, egress, or access to property, whether
private or public, or on public sidewalks or other public rights -of -way, including but
not limited to driveways providing access to vehicles, and entrances or exits from
buildings and/or other real property.
4. Camping on publicly owned land within 1000 feet of a school or park.
C. Manner.
Camping, when and where allowed, is subject to all of the following:
1. Open Fires are prohibited on publicly owned land within one mile of the Urban
Growth Boundary and within one mile of private property lines, including campfires,
charcoal fires, cooking fires and warming fires.
2. Local, State, and Federal fire regulations shall be followed.
3. Individuals may not accumulate, discard, or leave behind garbage, debris, unsanitary
or hazardous materials, or other items of no apparent utility in public rights -of -way,
on publicly owned land.
4. Dumping of gray water (i.e., wastewater from baths, sinks, and the like) or black
water (i.e., sewage) into any facilities or places not intended for gray water or black
water disposal is prohibited. This includes but is not limited to storm drains or onto
open ground, which are not intended for disposal of gray water or black water.
5. Individuals may not build or erect structures, whether by using plywood, wood
materials, pallets, or other materials. Items such as tents and similar items used for
shelter that are readily portable are not structures for purposes of this section.
6. Storage of personal property such as vehicle tires, bicycles or associated
components (except as needed for an individual's personal use), gasoline,
generators, lumber, household furniture, extra propane tanks, combustible
material, lumber, or other items or materials is prohibited, other than what is
related to camping, sleeping, resting or keeping warm and dry.
7. Vehicles used for camping purposes must be operational, i.e., capable of being
started and driven under their own power, or ready to be towed if designed to be
towed and may not be discarded or left inoperable in public rights -of -way or on
publicly owned land.
8. Digging, excavation, terracing of soil, alteration of ground or infrastructure, or
damage to vegetation or trees is prohibited.
3. A citation for a violation of this chapter will be a civil infraction (TBD by BOCC).
4. Campsites in violation of this ordinance will be addressed in accordance with the law.
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESC1 UTES COUNTY, OREGON
An Ordinance Amending Title 11.04, Public Use, of
the Deschutes County Code. * ORDINANCE NO. 2023-013
WHEREAS, the Deschutes County Code (DCC) contains rules and regulations duly enacted through
ordinance by Deschutes County and the Deschutes County Board of Commissioners; and
WHEREAS, from time -to -time the need arises to make amendments, including new enactments to the
DCC; and
WHEREAS, upon direction from the Board of Commissioners, County Legal drafted revisions to DCC
11.04 to specifically address homeless camping issues raised by the Sheriff at a public work session on June 7,
2023; and
WHEREAS, the Board of County Commissioners of Deschutes County considered this matter at a duly
noticed public hearing during the Board meeting on July 19, 2023, and determined that DCC 11.04 should be
amended; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 11.04 is amended to read as described in Exhibit "A," attached hereto
and by this reference incorporated herein, with new language underlined and language to be deleted in
Section 2. ADOPTION. This Ordinance takes effect 90 days after second reading.
1H
PAGE 1 OF 2 - ORDINANCE NO.2023-013
Dated this of '2023 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DeBONE, Chair
PATTI ADAIR, Vice Chair
ATTEST:
Recording Secretary PHIL CHANG, Commissioner
Date of 1 st Reading: day of , 2023.
Date of 2nd Reading: day of , 2023.
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Patti Adair
Phil Chang
Anthony DeBone
Effective date: day of , 2023.
PAGE 2 OF 2 - ORDINANCE NO.2023-013
(To Ordinance No. 2023-013)
CHAPTER 11.04 PUBLIC USE
11.04.010 Purpose
11.04.020 Definitions
11.04.030 Policies
11.04.040 Justice Building; Searches
11.04.050 Road Closures
11.04.060 Prohibited Activities
11.04.070 Alienation
11.04.080 Violation; Penalty
11.04.010 Purpose
Public use regulations are adopted for the purpose of protecting public property.
HISTORY
Adopted by Ord. 96-013 §1 on 512211996
11.04.020 Definitions
For the purposes of DCC 11.04, unless otherwise apparent from the context, certain words and phrases
used in DCC 11.04 are defined and as set forth in DCC 1.04 and DCC 11.04.020.
"Alternate shelter" means an outdoor location that provides access for -sleeping and/or camping through
the use of a vehicle, a recreational vehicle a tent, or some other structure which offers some protection
from the outdoor elements, provided that any alternate shelter shall not be located: 1 in a manner
that will create a physical impediment to emergency or nonemergency ingress egress or access to public
or private property, including but not limited to driveways, sidewalks and entrances or exits from
buildings and/or other real property; and/or (2) within 1000 feet of a school or public park.
"Bed" means an item(s) utilized for sleeping.
"Bedding" means the collective term for the articles which compose a bed.
"Camping" means any form of sleeping or use of a bed to include bedding materials, whether outdoors
or through use of a vehicle recreational vehicle` tent or other structure which can offer some protection
from the outdoor elements.
"Campsite" means the location where camping is occurring.
11IndwstF;a1 land" means aRy Fe4-r-ea4r ,
azed.
"Park" means any County owned real property designated by resolution of the Board as a County park,
pursuant to ORS 275.320.
"Parking lot" means an area consisting of one or more parking spaces grouped.
"Program Administrator" means the Board, the County Property and Real Estate Manager, Deschutes
County department head or designees.
"Public places" means Ccounty-owned or controlled real property that is open and available for use by
the public. It does not include "vacant count land" or any Ceount -owned or controlled real propert
desi Hated b the Count Administrator as not o en for ublic use or as use limited.
"Public service facility" means any real property that is owned or leased by County where public services
are provided or conducted and shall include, but not be limited to, buildings, facilities, or real property
which is fenced, enclosed or otherwise developed and any associated grounds.
"Right of way" means the area between the boundary lines of a street, road or other public easement.
"Shelter" means an indoor location that provides access for sleeping.
"Sleeping" means,.sitting, lying and/or emploving rudimentary forms of protection from outdoor
elements.
"Vacant county land" means all County owned land which does not qualify as a"public lace" "public
service facility," "park" or "right of way." Unless specifically authorized by Order of the Board of
Commissioners sleeping camping taking shelter or taking alternate shelter is at all times prohibited on
vacant county land.
HISTORY
Adopted by Ord. 96-013 §1 on 512211996
Amended by Ord. 2023-013 §1 on 7/26/2023
11.04.030 Policies
A. Real Property. Except as otherwise provided in this section 11.04, phublic use of County --owned
or controlled real property, not including vacant county land, shall be limited to day use (dawn to
dusk) except as permitted herein or otherwise permitted by adoption of resolution of the Board.
1. Any County owned real property leased by authority of the Board of Commissioners to
other public agencies or private parties shall be governed by the terms and provisions of
such leases.
2. County -owned or controlled real property may be posted closed, not open for public
use,. or use limited, upon direction ofby the County Administrator.C�t�r�ty Prepewty
Manat., 0- - .4 DepaFtment, D W Fecter of Solid Waste, eF Risk Manager-,
3. County shall not accept conveyance or transfer of real property except upon recording of
a written acceptance from the Board of Commissioners.
4. Exclusive or other special use of County owned or controlled real property by private
entities or other agencies shall only be granted pursuant to a written lease or license
authorized by the Board of Commissioners.
B. County Owned/Occupied Buildings. The open common areas of County public service facilities
and other buildings occupied by County employees are open to members of the public who have
business with County employees. However, these buildings are also places where County
employees do their work. That work often involves sensitive and confidential issues. County
employees require work areas that are quiet, free from unnecessary foot traffic and where they
may discuss sensitive or confidential matters without being overheard by persons not employed
by the County.
Each department or other program occupying a building shall where feasible, establish a
waiting area which is, to the extent possible, located near the department or program
receptionist and outside the department's or program's work area. Members of the
public are to wait in this area until the person they are waiting to see is available. Each
waiting area shall be clearly posted as such.
2. Areas other than open common areas and designated waiting areas are open to visitors
by invitation only. County department heads and staff are responsible for their offices,
and may request (or order) visitors to leave their offices at their discretion. County
department heads and department support staff supervisors are responsible for support
staff work areas, and may, in their discretion, ask visitors to leave those areas.
C. Public Service Facilities.
Public service facilities which provide services beyond the hours of dawn to dusk shall
operate in a manner deemed appropriate by the Program Administrator. Public access
may be restricted by the Program Administrator, on the basis of public safety or
administrative efficiency to those areas deemed by the Program Administrator to be
necessary for provision of the intended services.
D. Parking Lots
2. ---County parking lots may be posted with time and use restrictions, and unless otherwise_ posted,
are not available for overnight use to include but not limited to sleeping camping or taking alternate
shelther. Violations may be cited as authorized by this section 11.04.
Ad_MinistrateF design - The recommended penalty foF the citatio - ()f, MC 11.04 .,;hall be 35
dollars, which shall double each 2,lhoUrs to fou, .
HISTORY
Adopted by Ord. 96-013 §1 on 5/22/1996
Amended by Ord. 2020-005 §1 on 11112021
Amended by Ord. 2023-013 §1 on 7/2612023
11.04.040 Justice Building; Searches
Except for on -duty law enforcement personnel, and individually designated county staff, every person
entering through the public entrances of the Courthouse facility, District Attorney facility, Community
and Juvenile Justice facilities, and all other Deschutes County Justice / Law Enforcement facilities,
including any annex thereto, is subject to search of his or her possessions and must pass through metal
detectors.
HISTORY
Adopted by Ord. 97-046 §1 on 61411997
Amended by Ord. 2020-005 §1 on 11112021
11.04.050 Read -Property Closures
Where vacant cCounty property, not generally open for public use, is or has been used by automobiles,
motorcycles and other off -road vehicles or bicycles for recreation, or for other purposes including
sleeping camping or taking alternate shelter as defined in this section 11.04, and the County has a need
to close and discontinue the property to these is uses, the County will notify the general public of the
intent to close in a local paper of general circulation in addition to the notification procedures outlined in
applicable County Encampment Removal Policy-. The design of and the closure shall be in accordance
with applicable County Encampment Removal Policy and also the requirements of the Manual on
Uniform Traffic Control Devices, published by the Federal Highway Administration, in terms of signing
and barricading. Any person..who refuses to leave after implementation of applicable County Ecam ment
Removal Policy may be cited charged as authorized by this section 11.04. Permanent closures sh"Tay,
to the extent directed by the County Administrator, consist of appropriate berms, ditches and
obliteration of existing roads. The closure design shall be in written form and approved by the County
Engineer or County Traffic Engineer. In no case shall ropes or cables be used to close the road or area.
HISTORY
Adopted by Ord. 96-013 §1 on 5/22/1996
Amended by Ord. 2023-013 §1 on 71261ZO23
11.04.060 Prohibited Activities
A. Excepti for site -specific authorization by Order of the Board of Commissioners, No person
shall construct, install, er-encroach, sleep camp, or obtain shelter or alternate shelter upon
County --owned or controlled real property.
A.B.No person shall sever, excavate, damage, vandalize, burn, litter, remove materials from or cause
other site disturbing activity upon or to County owned or controlled real property4a446 without
obtaining an appropriate permit or license authorizing such activity, from the Beard, Property
Manager, Director of Road Department or Director of Solid Waste. Open fires are strictly
prohibited at all times on County --owned or controlled real property.
B-CI No person shall cut or remove weed vegetation or trees on or from County --owned or controlled
real property except upon first obtaining a wood cutting permit from the County Property
Manager or County Forester.
G D.Exce ti for site -specific authorization b Order of the Board of Commissioners mMotor
vehicles (operable and inoperable)including but not limited to R.V's, trailers and personal use
vehicles, shall be limited to existing parking lots during business hours, ubiect to iim
_and manneF and operation on established roads. Motor vehicles
are prohibited on dedicated public pedestrian/bicycle trails.
01. Discharge of firearms is prohibited in and on public service facilities and Ccounty-owned or
controlled real property except as may be provided by Orderrese4die44 of the Board of
Commissioners.
&F. No person or group shall exclude any other member of the public from County --owned or
controlled real property that is open for public uselaed, except as provided by lease, license or
Orderfe ofby-the Board of Commissioners.
RG. No person shall engage in any conduct in or on property where public services are provided
which hinders, interferes with or prevents those employees from performing their duties.
HHNo person shall smoke or carry any lighted or electronic smoking instrument in any Deschutes
Countyowned, controlled or occupied building, except as permitted by the Deschutes County
Smoke Free Policy.
I No person shall discharge or dump any sewage or wastewater from baths, sinks and
showers on or adjacent to County -owned or controlled real property.
X. No person shall cause or contribute to the accumulation of solid waste materials on County -
owned or controlled real property.
HISTORY
Adopted by Ord. 96-013 §1 on 5/22/1996
Amended by Ord. 97-057 §1 on 101811997
Amended by Ord. 2020-005 §1 on 11112021
Amended by Ord. 2023-013 §1 on 12V2023
11.04.070 Alienation
Excepting conveyances signed by the County Property Manager upon written authorization of the
County Commissioners or the County Administrator, no County —owned real property shall be sold,
leased, dedicated, licensed, donated, exchanged, encumbered or otherwise alienated except upon
signature, authorization, order or ratification of the Board.
HISTORY
Adopted by Ord. 96-013 §1 on 512211996
Amended by Ord. 2020-005 §1 on 1/1/2021
11.04.080 Violation;Penalty
Any violation or failure to comply with any provision of DCC 11.041 may be prosecuted in Justice Court as
a Class A violation or ma be char ed and rosecuted in Circuit Court as Tres ass ursuant to ORS
164.205 et sees are not timely
paid upon application by the County a warrant may be issued by the Circuit Court to the violator.
HISTORY
Adopted by Ord. 96-013 §1 on 512211996
Amended by Ord. 2003-021 §24 on 41912003
Amended by Ord. 2023-013 §1 on 7/2612023
1�3
'C E S CO
C. G
2< BOAR® OF
COMMISSIONERS
MEETING DATE: July 26, 2023
SUBJECT: COIC Grant Application Request for Broadband Action Team Funding
RECOMMENDED MOTIONS:
1. Approve COIC applying for State funds for the Broadband Action Team on the
County's behalf, and
2. Approve a regional approach to the application should partners at Jefferson and
Crook counties also agree.
BACKGROUND AND POLICY IMPLICATIONS:
COIC has been overseeing a consultant team in the development of a Strategic Broadband
Needs Assessment and Action Plan for Deschutes County since early 2022. They have
convened a Broadband Action Team (BAT) to oversee the plan development process and to
ensure that all relevant partners understand and embrace the findings, and are well -
positioned to support implementation. BAT includes representatives from Deschutes
County, COIC, EDCO, Regional Solutions, Internet Service Providers, Business Oregon, utility
providers, chambers of commerce, education partners, health partners, and cities. COIC
has also maintained regular engagement with statewide entities such as the State of
Oregon Broadband Office, LinkOregon, and Oregon Economic Development Districts
(OEDD) to ensure that Central Oregon's priorities are understood by key partners and to
align their work with best practices happening across the state. This plan will assist COIC in
determining the optimal systems that will serve the existing and future connection
demands into and out of Deschutes County. The consultants have delivered a final draft of
the Needs Assessment and Action Plan and COIC is in the process of reviewing it and
providing final input. COIC anticipates a formal presentation of the report and its findings
at the BOCC meeting near the end of the summer.
The next steps for COIC and the BAT are to begin firming up partnerships, preliminary
design and engineering, and identifying infrastructure funding opportunities for priority
projects that were identified through this process. The state of Oregon is working on final
rules and guidelines for the Broadband Technical Assistance Program (BTAP), which will
support COIC moving into this next phase through funding by:
Keeping a Broadband Action Team going to oversee efforts, engage partners, etc.;
• "Preliminary design/engineering" work that is required to apply for specific grants to
develop/extend new infrastructure; and
Grant writing (in partnership with private ISPs, stakeholders/communities, etc.)
COIL has had some preliminary conversations with partners at all three counties in the
region about submitting a regional application with COIC as the main applicant and has
received feedback that there is interest. While final rules are still pending, COIC has
received preliminary feedback that there is a preference for collaborative/regional
applications. Additionally, each county can apply for up to $150,000 through the program, a
regional application would allow for a maximum ask/award of $450,000.
BUDGET IMPACTS:
No budget impact is anticipated.
ATTENDANCE:
Tania Mahood, Deschutes County, IT Director
Jen Patterson, Deschutes County, Strategic Initiatives Manager
Scott Aycock, COIC, Community and Economic Development Director
Shelby Knight, COIC, Resilience Planner
vT E S COG2�
BOARD OF
Mqwpe COMMISSIONERS
MEETING DATE: July 26, 2023
SUBIECT: 10-year Ground Lease with City of Redmond
RECOMMENDED MOTION:
Move approval of Document Number 2023-636, Ground Lease with City of Redmond
BACKGROUND AND POLICY IMPLICATIONS:
In the Fall of 2021, the Board of County Commissioners reserved ten acres (which later
increased to twelve acres) of County -owned property in East Redmond for third -party
development of Oasis Village (OV) and like projects to help support those in the community
experiencing homelessness. The OV project will span approximately two acres and will
initially consist of 15 shelter units with future expansion up to 40 units. The remaining
acres are still in the visioning process, but it is anticipated the area will be developed for
managed vehicle camping.
The County and the City of Redmond (City) have agreed to enter into a 10-year Ground
Lease for the development of the 12 acres. Earlier this year the City received $975,000 in
State funding to assist with utility infrastructure to extend water, sewer, and electrical
under Highway 126 to the 12 acres at an estimated cost of $525,000. The remaining
$450,000 is allocated to construct a community building with restrooms, showers, laundry,
kitchen, common room, and meeting space. Previously, the County granted the non-profit
entity Oasis Village $32,050 of ARPA funds to support a contract with Rogue Retreat to
assess the needs of and capacity for serving those experiencing houselessness in
Redmond. Further, the County also allocated $367,500 in ARPA funds for construction costs
specific to OV, and assisted with a grant application, which resulted in $350,000 in State
funding.
The terms of the Ground Lease include:
10-year initial term to lease +/-12-acres of County -owned property in East Redmond
with 10-year extension options upon mutual agreement
Zero consideration lease
■ City's commitment to proving utility infrastructure to service the 12-acres and the
development of the community building
■ The City's commitment to utilize the 12-acres for initiatives specific to homelessness;
■ The City's intent to sublease the 12-acres to community services provider(s) that
specialize in houseless projects and services; and
• The City's intent to work with sub-lessee(s) to raise additional capital funds.
It is anticipated that the initial phase of the Oasis Village project will open early January
2024.
BUDGET IMPACTS:
$367,500 in allocated ARPA funds, plus an additional $32,050 in ARPA funds previously
expended.
ATTENDANCE:
Kristie Bollinger, Property Manager
Cat Zwicker, Redmond City Councilor
Keith Witcosky, Redmond City Manager
Keith Leitz, Redmond City Attorney
REVIEWED
LEGAL COUNSEL
GROUND LEASE AGREEMENT
THIS GROUND LEASE AGREEMENT ("Agreement") is made as of the date of the
last signature affixed hereto ("Commencement Date") by and between DESCHUTES
COUNTY, a political subdivision of the State of Oregon ("Lessor"), and THE CITY OF
REDMOND an Oregon municipal corporation, hereinafter referred to as ("Lessee"). Lessor
and Lessee are referred to herein as "Party" or "Parties."
A. RECITALS
1. Lessor owns certain real property located at 1002 NE 17t" Street, Redmond, OR,
97756. It contains +/- 1,750-acres as shown on Exhibit A, attached hereto and
incorporated herein by reference. ("Property").
2. Lessee is a municipal corporation who owns and operates certain municipal utilities
(sewer and water) that will be used to provide services to the Property.
3. Subject to the terms and conditions of this Agreement, the Parties desire to enter into
this Agreement to lease a portion of the Property containing +/- 12-acres, more or less,
as described on Exhibit B1 and as shown on Exhibit B2 and also described in Exhibit
C1 and shown on Exhibit C2, attached hereto and incorporated herein by reference
("Site").
4. Lessor agrees to lease to Lessee the Site.
5. Lessee agrees to provide infrastructure and utilities to the Site as outlined below. A series
of infrastructure improvements will be required to serve the East Redmond Campus
(ERC) and allow it to be operational. The project recently received $975,000 in state
funding through Central Oregon Intergovernmental Council for the project. The Lessee
and Sublessee(s) plan to raise additional capital for the project. :
a. Utilities (water, sewer, and electrical) under Highway 126 and to the ERC for provision
of homelessness services. In addition to serving the first 2-acres, utilities will allow
future homeless services to be provided on the adjoining 10 acres of the Site
(currently projected to serve as a managed vehicle camping area operated by
Mountain View Community Development). This project has a current estimate of
approximately,$525,000.
b. Community Building comprised of restrooms, showers, laundry, kitchen, common
room, meeting space, etc. to support a village of up to 40 shelters. In the first years
of operation, the community building will also be able to offer space for other
homelessness services operating at the ERC. This project has a current estimate of
approximately $450,000.
c. If the actual cost exceeds the $975,000 estimate, Lessee or Sublessee agrees to pay
the full cost of the above improvements, subject to the following:
i. Lessee shall retain full control of the Utilities and Community Building
project(s) scope and authority, and value engineering decisions.
Page 1 of 20 — GROUND LEASE: CITY OF REDMOND
Deschutes County Document No. 2023-636
Prior to construction, if the RFP estimate(s) exceeds the City
Engineer's estimate, the Lessee retains the option to terminate the
lease.
6. The ERC will initially consist of 15 or more individual shelter units and supportive
structures. Shelters will house one to two individuals for an expected occupancy of 20
people. It is intended that a full-time director will oversee the Shelters and offer onsite
case management and peer support. Staff will be supported by trained volunteers,
partner service agencies, and an advisory group of residents.
B. WITNESSETH
NOW, THEREFORE, in consideration of the mutual covenants and obligations contained
in this Agreement, and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the Parties do hereby agree as follows:
1. TERM. The initial term of this Agreement shall be effective as of the date of the last
signature affixed hereto(" Effective Date"), and shall expire June 30, 2033, unless
sooner terminated in accordance with this Agreement,'` including that either party may
terminate this Lease for any reason or no reason, with one hundred eighty (180) days in
advance of term expiration and as further described and provided in Section B.20 of this
Agreement.
1.1 Upon no less that one hundred eighty (180) days, Lessee may submit a
request in writing to Lessor to extend the Agreement. Any extension must be
agreed upon by both parties in writing.
1.2 In the event the Lessee requests that the Lessor transfer (whether directly,
indirectly, voluntarily, involuntarily, or by operation of law) all or any part of the Site
to Mountain View Community Development, Lessee agrees to cooperate in an
orderly termination of the Lease and transfer of the Site to Mountain View
Community Development.
1.3 In the event Lessor intends to transfer (whether directly, indirectly,
voluntarily, involuntarily, or by operation of law) all or any part of Lessor's interest in
the Site, other than as included in 81.2, Lessee will have a right of first refusal to
provide a qualifying offer to purchase the Site.
2. RENT. Except as otherwise provided elsewhere in this Agreement, in recognition of the
public benefit rendered by Lessee's activities, the annual lease rate is zero ($00.00) for
the term of this Agreement.
3. POSSESSION. Lessee's right to exclusive possession of the Site and obligations under
the Agreement shall commence as of the Effective Date of this Agreement, except as
otherwise provided herein. Lessee shall have all rights associated with possession of
the Site, including the right to control, limit, revoke or restrict access to the Site.
Page 2 of 20 — GROUND LEASE: CITY OF REDMOND
Deschutes County Document No. 2023-636
4. CONDITION OF PROPERTY AND SITE. Lessor has made no warranties or
representations regarding the condition of the Property or Site, including, without
limitation, the sustainability of the Property or Site for intended uses, except as may be
expressly set forth herein. Lessor has no obligation to repair, alter, and/or construct any
improvements on the Property. Lessee has inspected and accepts the Site in its "AS IS"
condition upon taking possession, except as otherwise expressly set forth herein. Lessor
will have no liability to Lessee, and Lessee will have no claim against Lessor, for any
damage or injury or loss of use caused by the condition of the Property or Site, except as
expressly set forth herein. Lessee is solely responsible for thoroughly inspecting the Site
and ensuring that it is in compliance with all Legal Requirements (as defined below),
except as expressly set forth herein.
5. PERMITTED USE. Site shall be used for homeless services as described in Section A,
subsections 5 and 6 above.
6. RESTRICTIONS ON USE. In terms of use of the Site, Lessee shall:
6.1 Maintain improvements, structures and fences on the Site, if any, to standards
of repair and safety reasonably acceptable to Lessor.
6.2 Except as undertaken in the ordinary course of conducting its Permitted Use
and in compliance with applicable local, state and federal law, refrain from the
disposal, spilling or discharging of any oil, gasoline, diesel fuel, chemicals, or other
pollutants on the or Site. In the event of such spills, Lessee shall undertake any and
all necessary actions to contain and remove from the Property or Site as provided by
law.
6.3 Conform to all applicable Legal Requirements of any public authority affecting
the Site and Lessee's specific use of Site, and correct at Lessee's own expense any
failure of compliance created by Lessee or by reason of Lessee's specific use of the
Site, except as expressly set forth in this Agreement. For purposes of this Agreement,
the term "Legal Requirement(s)" means any and all rules, regulations, covenants,
conditions, restrictions, easements, declarations, laws, statutes, liens, ordinances,
orders, codes, rules, and regulations applicable to the Property and/or Lessee's
specific use thereof of the Site, including, without limitation, the Americans with
Disabilities Act of 1990, as amended (and the rules and regulations promulgated
thereunder), all as now in force and/or which may hereafter be amended, modified,
enacted, or promulgated.
6.4 Refrain from any use which would create a nuisance either on the Property or
Site or offsite or damage the Property or Site, including but not limited to, creating
offensive odors, excessive dust or noise on the Property or Site or maintaining a fire
on the Property or Site. Nothing herein shall be construed to prohibit normal activities
necessary to utilize the Site for its Permitted Use.
6.5 Refrain from making any unlawful use of said Property or Site.
Page 3 of 20 — GROUND LEASE: CITY OF REDMOND
Deschutes County Document No. 2023-636
7. LESSEE'S OBLIGATIONS. The following shall be the responsibility of the Lessee at
Lessee's sole cost:
7.1 Arrangement for and deliver to the Site, as necessary, of all water, sanitary
sewer, gas, electrical, and other utility services deemed necessary by Lessee.
7.2 Structural repairs and maintenance of any screening, fences, buildings, water,
sanitary sewer, gas and electrical services, and other utility services to the Site, as
deemed necessary by Lessee.
7.2.1 Lessee at its sole discretion may require subsequent sub -lessee perform
structural repairs and maintenance as described in Section 7.2.If sub -lessee
fails to perform structural repairs and maintenance, Lessee shall provide said
work.
7.3 All repairs necessitated by the activities or negligence of Lessee, its agents,
employees, volunteers, sublessees or invitees on or in connection with the Property
or Site.
7.4 All repairs or alterations required under Lessee's obligation to comply with
Legal Requirements and regulations as set forth in"Restrictions on Use" above.
7.5 All landscape maintenance to ensure vegetation remains tidy and viable,
including replacement of any plantings as necessary as well as all irrigation repairs
and maintenance to help ensure landscape viability.
7.5.1 Lessee at its sole discretion may require subsequent sub -lessee to
performlandscape maintenance as described in Section 7.5. If sub -lessee
fails to perform landscape maintenance, Lessee shall provide said work.
7.6 All ad valorem tax and other real property assessments, bonds, levies or the
like for the leased Site except as for provided and further described in Section B.B.
7.6.1 If applicable, Lessee at its sole discretion may require subsequent sub-
lessee to pay any ad valorem tax or other assessments as described in
Section 7.6. If sub -lessee fails to pay any ad valorem tax or other
assessments, Lessee shall pay said ad valorem taxes or other assessments.
7.7 All taxes and assessments upon Lessee's personal property located on the
Site.
7.8 The cost of any property and liability insurance maintained by Lessee as
outlined in Section B.16 of this Agreement.
7.9 All utility charges associated with the operation for the Permitted Use of the
Site, including but not limited to electricity, natural gas, water, sanitary sewer, and
other such services as necessary.
Page 4 of 20 — GROUND LEASE: CITY OF REDMOND
Deschutes County Document No. 2023-636
7.10 All other costs, operations, or future improvements deemed necessary by
Lessee associated with the Permitted Use of the Site.
8. TAXES AND ASSESSMENTS. After execution of this Agreement, Lessee shall apply
within fifteen (15) days for a property tax exemption status based on Lessee's nonprofit
status. If the property tax exemption application is denied and the taxing authority
assesses real property tax and assessments for the Property, Site or Site Improvements,
Lessee shall pay before delinquency, all assessments and levies against the portion of
the Property and Lessee may invoice the County annually for the amount equal to the
assessment. Lessee shall pay before delinquent, all personal property taxes on Lessee's
fixtures, equipment, inventory and other personal property in or about the portion of the
Property subject to taxation.
9. INSPECTION OF SITE. During the term of
inspect the Site in the Lessee's presence v
10. REPAIRS. Lessee accepts the Site in its "AE
herein. Lessee will at all times keep the
condition of the Site on the Effective Date
Agreement necessary to maintain the Site in
11. MUTUAL INDEMNIFICATION
parties:
s Agreement, Lessor shall have the right to
reasonable notice by Lessor.
IS" condition, except as expressly set forth
ite in good condition consistent with the
id make all `repairs during the term of the
indemnification provisions shall apply to the
11.1 Except to the extent caused by the gross negligence or willful misconduct of
Lessor, Lessee will indemnify, defend, and hold Lessor and Lessor's current and
future elected officials, officers, employees, contractors, agents and volunteers
(collectively, "Lessor's Agents") harmless for, from, and against any and all claims,
losses, damages, and/or liabilities arising out of or related to, whether directly or
indirectly, the following: (a) any negligence or misconduct of Lessee and/or Lessee's
members, managers, officers, employees, agents, contractors, sublessees, and
volunteers (collectively, "Lessee's Agents") on or at the Site; (b) any condition of the
Site ,(including, without limitation, any improvements constructed thereon) that is
caused solely by Lessee and/or Lessee's Agents while the Site is in the possession
or under the control of Lessee; and/or (c) Lessee's breach and/or failure to perform
any Lessee obligation, covenant, representation, and/or warranty under this
Agreement. Lessee's indemnification obligations under this Section B.11.1 will
survive the expiration or termination of this Agreement.
11.2 Except to the extent caused by the gross negligence or willful misconduct of
Lessee, Lessor will indemnify, defend, and hold Lessee and Lessee's current and
future elected officials, officers, employees, contractors, agents and volunteers
(collectively, "Lessee's Agents") harmless for, from, and against any and all claims,
losses, damages, and/or liabilities arising out of or related to, whether directly or
indirectly, the following: (a) any negligence or misconduct of Lessor and/or Lessor's
members, managers, officers, employees, agents, contractors and volunteers
(collectively, "Lessor's Agents") on or at the Property; (b) any condition of the Site
(including, without limitation, any improvements constructed thereon) that is caused
Page 5 of 20 — GROUND LEASE: CITY OF REDMOND
Deschutes County Document No. 2023-636
solely by Lessor and/or Lessor's Agents while the Site is in the possession or under
the control of Lessee; and/or (c) Lessor's breach and/or failure to perform any Lessor
obligation, covenant, representation, and/or warranty under this Agreement. Lessor's
indemnification obligations under this Section B.11.2 will survive the expiration or
termination of this Agreement.
12. PARTIAL TAKING. If a portion of the Site is condemned and Section B.12 TOTAL
TAKING does not apply, the Agreement shall continue on the following terms:
12.1 Lessor shall be entitled to all of the proceeds of condemnation and Lessee shall
have no claim against Lessor as a result of the condemnation.
12.2 Lessor shall proceed as soon as r
alterations to the Site as reasonably
existing at the time of the condemnati
repairs in excess of condemnation proc
Lessor may, but shall not be required tc
after the portion to be taken has been i
extent the Site is untenable during the
12.3 After the date on which title
on which alterations or repairs a
the Site in anticipation of tal
commensurately with the reducti
on account of the partial taking. li
the reduction of rent, the amount
;onably possible to make such repairs and
cticable to return the Site to its condition
but in no event shall Lessor be liable for
is awarded to and received by Lessor. The
erform alterations prior to the actual taking
Ily determined. Rent shall be abated to the
riod of alteration and repair.
vests in the
re comment
g, the rent, i,
in value of the
e parties are ur
all be'determirn
mning authority or an earlier date
Lessor to restore the balance of
applicable, shall be reduced
leased Site as an economic unit
able to agree upon the amount of
:d by arbitration.
12.4 If a portion of the Lessor's Property not included in the leased Site is taken and
severance damages are awarded on account of the leased Site, or an award is made
for detriment to the leased Site as a result of change of grade of adjacent streets or
other activity by a public body not involving a physical taking of any portion of the
land, this shall be regarded as a partial ',condemnation of which subparagraphs (A)
and (C) of "Partial Taking" above apply, and the rent, if applicable, shall be reduced
to the extent of diminution of value of the Site as though a portion had been physically
taken.
13. TOTAL TAKING. If a condemning authority takes all of the Site or a portion sufficient to
render the Site reasonably unsuitable for the use which the Lessee was then making of
the Site, the Agreement shall terminate as of the date the title vests in the condemning
authority. Lessor shall be entitled to all of the proceeds of condemnation and the Lessee
shall have no claim against Lessor as a result of the condemnation.
14. SALE IN LIEU OF CONDEMNATION - DEDICATION TO THE PUBLIC. Sale of all or part
of the Site to a purchaser with the power of eminent domain in the face of a threat or
probability of the exercise of the power shall be treated for the purpose of this Section
B.14 as a taking by condemnation. Dedication to the public, sale, or transfer of all or a
portion of the Site to the State of Oregon, its political subdivisions or United States of
America, shall be treated as a Total Taking or Partial Taking, as applicable.
Page 6 of 20 — GROUND LEASE: CITY OF REDMOND
Deschutes County Document No. 2023-636
15. LIENS.
15.1 Except with respect to activities for which the Lessor is responsible, the Lessee
shall pay as due all claims for work done on and for services rendered or material
furnished to the Site and shall keep the Property free from any liens.
15.2 Lessee may withhold payment of any claim in connection with a good faith
dispute over the obligation to pay, so long as Lessor's Property interests are not
jeopardized. If a lien is filed as a result of nonpayment, Lessee shall, within thirty (30)
days after knowledge of the filing, secure the discharge of the lien or deposit with
Lessor cash or a sufficient corporate surety bond or other surety satisfactory to Lessor
in an amount sufficient to discharge the lien plus any costs, attorney fees and other
charges that could accrue as a result of a foreclosure or sale under a lien.
15.3 If Lessee fails to pay any such claims or to discharge any lien, or bond over any
such lien, within thirty (30) days after written notice of such lien, Lessee shall remedy
any lien. If Lessee fails to remedy any liens, Lessee will be in default and such default
may be remedied or exercised in accordance to Section B.18.
16. INSURANCE.
16.1 Lessee shall keep the Site improven
insured at its own expense against fire ar
insurance policy with an endorsement for
be responsible for and shall not provide fi
improvements or personal property; or
written on an occurrence basis and'be
Policies written on a "claims made" ba
Deschutes County Risk Management.
only if applicable) ❑ App
cents and personal property of the Lessee
d other risks covered by a standard fire
extended coverage. The Lessor shall not
re or extended coverage on the Site
Lessee. All insurance policies shall be
effect for the term of this Agreement.
must be approved and authorized by
County ❑ Not Approved by County
16.2 Liability Insurance: Lessee shall procure and during the term of the Agreement
shall continue to carry and maintain commercial general liability insurance including
fire legal liability and automobile liability insurance at Lessee's cost issued by a
responsible company with limits of not less than $1,000,000 for each occurrence
and $2,000,000 in the aggregate for commercial general liability insurance and
$1,000,000 combined single limit for automobile liability insurance. The limits of the
insurance shall be subject to statutory changes as to maximum limits of liability
imposed on municipalities of the State of Oregon during the term of this Agreement.
Such insurance shall protect Lessee against the claims of Lessor on account of the
obligations assumed by Lessee under this Agreement, and shall name, as
additional insureds, Lessor and its elected officials, officers, agents, and employees.
It is an affirmative obligation on the Lessee to advise the Lessor within ten (10)
business days of any substantive change of any insurance policy or endorsement
set out herein, and failure to do so may be construed to be a breach of this
Agreement. If the insurance is canceled or terminated prior to termination of the
Agreement, Lessee shall provide a new policy with the same terms. Lessee agrees
Page 7 of 20 — GROUND LEASE: CITY OF REDMOND
Deschutes County Document No. 2023-636
to maintain continuous, uninterrupted coverage for the duration of the Agreement.
16.2.1 Certificates evidencing such insurance and bearing endorsements
requiring 30 days' written notice to Landlord prior to any change or
cancellation shall be furnished to Lessor prior to Lessee's occupancy of the
Site. Lessee shall maintain, on file with Lessor, a certificate of insurance
certifying the coverage required as outlined. The adequacy of the insurance
shall be subject to the approval of the Lessor's Risk Manager or Attorney.
Failure to maintain liability insurance required by this paragraph shall be
cause for immediate termination of this Agreement by Lessor.
16.3 Workers' Compensation Insurance: If Lessee is a subject employer under the
Oregon Workers' Compensation law, it shall comply with ORS 656.017, by
providing workers' compensation coverage for all its subject workers for the duration
of this Agreement. The employer's liability limits shall have minimum limits of
$500,000 each accident; $500,000 for disease, each employee and $500,000
disease, policy limits.
16.3.1 The policy coverage shall include a waiver of subrogation in
Deschutes County's_favor. A certificate of insurance, or copy thereof, shall
be attached to this Agreement, if applicable, and shall be incorporated
herein and made a term and part of this Agreement. The adequacy of the
insurance shall be subject to the, approval of Lessor's Risk Manager or
Attorney.
16.3.2 In the event the Lessee's workers compensation insurance coverage
is due to; expire during the term of this Agreement, the Lessee agrees to timely
renew its insurance, either' as a carrier -insured employer or a self -insured
employer, as provided by Chapter'656 of the Oregon Revised Statutes, before
its expiration, and the Lessee agrees to provide the Lessor such further
r.Prtifiratinn of workers' compensation insurance as renewals of said
IIIJNI GI.IVV VVVMI.
16.4 Subrogation: Neither party shall be liable to the other (or to the other's
successors or assigns) for any loss or damage caused by fire or any of the risks
enumerated in a standard fire insurance policy with an extended coverage
endorsement, and in the event of insured loss, neither Party's insurance company
shall have a subrogated claim against the other. This waiver shall be valid only if the
insurance policy in question expressly permits waiver of subrogation or if the
insurance company agrees in writing that such a waiver will not affect coverage
under the policies. Each Party agrees to use best efforts to obtain such an
agreement from its insurer, if the policy does not expressly permit a waiver of
subrogation.
17. ASSIGNMENT AND SUBLEASE. Lessee will not sell, assign, mortgage, sublet, lien,
convey, encumber, and/or otherwise transfer (whether directly, indirectly, voluntarily,
involuntarily, or by operation of law) all or any part of Lessee's interest in this Agreement
and/or in the Site (collectively, "Transfer") without Lessor's prior written consent.
Notwithstanding anything to the contrary set forth in this Agreement, Lessee shall have
the right to assign or transfer its interest in this Agreement to any affiliate of Lessee or
Page 8 of 20 — GROUND LEASE: CITY OF REDMOND
Deschutes County Document No. 2023-636
subsidiary of Lessee's ultimate parent, without Lessor's consent but with written notice to
Lessor. Upon any approved Transfer, (a) the terms and conditions of this Agreement will
in no way be deemed to have been waived or modified, (b) consent will not be deemed
consent to any further Transfer, (c) the acceptance of Rent by Lessor from any other
person will not be deemed to be a waiver by Lessor of any provision of this Agreement,
and (d) no Transfer relating to this Agreement, whether with or without Lessor's consent,
will modify, relieve, or eliminate any liability or obligations Lessee or any guarantor of this
Agreement may have under this Agreement. Any Transfer which does not comply with
this Agreement will be void and will constitute a breach of this Agreement.
17.1 Parties recognize Lessee will sublet or sublease all or a portion of the Site for
the purposes outlined in Section A, subsections 5 and 6 above. Parties further
recognize Lessee's intent to sublet or sublease all or a portion of the Site to a third
party(s) for the purpose(s) of constructing and/or operating individual shelter units,
supportive structures, recreational and vehicle camping, congregate shelter space,
and/or other shelter options to provide housing options. Lessor consents to Lessee's
sublet or sublease for the purpose(s) contained in Section B.17.1 of this Agreement.
18. DEFAULT. Each of the following will constitute an "Event of Default" and a breach of this
Agreement:
18.1 Failure of Lessee to pay taxes or assessments as applicable, utilities or any
other charge. If Lessor is notified of any such amounts related to the Site or Lessee's
operations specific to the Site, said amounts must be paid by Lessee within ten (10)
business days after written notice from Lessor.
18.2 Failure of Lessee to perform or comply with any term, condition, and/or covenant
or fulfill any obligation of the Agreement (other than the payment of rent or other
charge, cost, and/or expense) within thirty (30) days after written notice is received
by Lessee from Lessor specifying the nature of the default with reasonable
particularity. If the failure is in such a nature that it cannot be completely remedied
within the thirty (30) day period, the failure will not be a default if Lessee begins
correction of the failure within the thirty (30) day period and thereafter proceeds with
reasonable diligence and in good faith to effect the remedy as soon as practicable,
so long as a full cure of said default is made within ninety (90) days of the original
written notice.
18.3 Attachment, execution, levy, and/or other seizure by legal process of any right
or interest of Lessee under this Agreement if not released within thirty (30) days.
18.4 Lessee becomes insolvent within the meaning of the United States Bankruptcy
Code, as amended from time to time; an assignment by Lessee for the benefit of
creditors; the filing by Lessee of a voluntary petition in bankruptcy; an adjudication
that Lessee is bankrupt or the appointment of a receiver of the properties of Lessee;
the filing of any involuntary petition of bankruptcy and failure of Lessee to secure a
dismissal of the petition within thirty (30) days after filing; attachment of or the levying
of execution on the leasehold interest and failure of Lessee to secure discharge of
the attachment or release of the levy of execution within ten (10) days.
Page 9 of 20 — GROUND LEASE: CITY OF REDMOND
Deschutes County Document No. 2023-636
19. REMEDIES ON DEFAULT.
19.1 Upon the happening of an Event of Default, the Agreement may be terminated
at the option of the Lessor or Lessee by notice in writing to Lessee or Lessor. The
notice may be given at any time after any grace period for default given under Section
B.20. All of Lessee's rights in relation to the Site and in all improvements on the Site
will terminate as of the date of termination and/or expiration. Promptly after such
notice, unless agreed upon by the Parties in writing, Lessee will surrender and vacate
the Site and all improvements in good condition. Lessor may reenter and take
possession of the Site and of all improvements and eject some or all parties in
possession except any sub -lessee qualifying under any non -disturbance agreement
by Lessor. Lessor and Lessee will have all rights and remedies available to Lessor
and Lessee under this Agreement, at law, and in equity. Termination under this
Section will not relieve Lessee from the payment of any sum then due to Lessor or
from any claim for damages previously accrued or then accruing against Lessee.
Termination under this Section will not relieve Lessor from the payment of any sum
then due to Lessee or from any claim for damages previously accrued or then
accruing against Lessor. If the Site is abandoned by Lessee in connection with a
default, termination shall be automatic and without notice.
19.2 In the event Lessor terminates this Lease, the Lessor, or those having the
Lessor's estate in the Site, lawfully at its option, may enter into and upon said demised
Site and every part thereof, and repossess the same of Lessor's former estate, and
expel said Lessee and those claiming by and through or under Lessee, and remove
Lessee's effects at Lessee's expense, forcibly, if necessary, and store the same,
without being deemed guilty of trespass and without, prejudice to any remedy which
otherwise might be used for arrears of rent or preceding breach of covenant. If Lessor
terminates the Agreement, Lessor will be entitled to recover immediately, without
waiting until the due date of any future rent or until the date fixed for expiration of this
Agreement, and in addition to any other damages recoverable by Lessor, the
reasonable costs of reentry and reletting including, without limitation, the cost of any
clean-up, refurbishing, removal of Lessee's property and fixtures, and/or any other
expense occasioned by Lessee's failure to quit the Site upon termination and to leave
the Site in the required condition, including, without limitation, any remodeling costs,
attorney fees, court costs, broker commissions, and advertising costs.
19.3 The foregoing remedies shall be in addition to, and shall not exclude, any other
remedy available to Lessor under applicable law.
20. TERMINATION AND SURRENDER.
20.1 Upon expiration, abandonment, termination, revocation or cancellation of this
Agreement, the Lessee shall surrender the Site to Lessor in the same condition as
the Site was on the date of possession, except, that nothing in this Agreement shall
be construed as to relieve Lessee of Lessee's affirmative obligation to surrender said
Site in a condition which complies with all Legal Requirements. Upon Lessor's written
approval, Lessee may leave Site improvements authorized by any land use permit.
Lessee's obligation to observe and perform this covenant shall survive the expiration
or the termination of the Agreement.
Page 10 of 20 — GROUND LEASE: CITY OF REDMOND
Deschutes County Document No. 2023-636
20.2 Termination on Default. In the event of a default, the Agreement may be
terminated at the option of the non -defaulting Party by notice in writing to the
other(s). The non -defaulting Party(s) shall be entitled to any remedies available to
that Party under applicable law.
20.3 Termination (Convenience) of Agreement. It is the intent of the Parties hereto
that the Site shall be used during said term as outlined in Section A.
Notwithstanding this intent, Parties have the right to terminate this Agreement at
any time upon giving the other Parties one hundred eighty (180) days written notice
and in accordance with Section B.22 of this Agreement.
21. PERSONAL PROPERTY.
21.1 All personal property placed upon the leased Site during the term of this
Agreement by Lessee shall remain the property of "Lessee except as otherwise
provided herein.
21.2 Unless agreed upon in writing by the Parties, upon abandonment, expiration,
termination, revocation, or cancellation of this Agreement, Lessee shall remove from
the Site all site improvements and personal property of Lessee on or prior to the date
of such termination. If Lessee fails to remove all or part of such personal property on
the expiration or termination of this Agreement then all such personal property shall
become the property of Lessor.
22. NOTICES. Any notice by Lessee to Lessor or Lessor to Lessee must be mailed first class
by the United States Postal Service (USPS), postage prepaid, addressed to the other at
the address given' below or at such other address as either may designate by written
notice. Notice shall be deemed effective three (3) calendar days following posting at a
USPS location as herein described.
)OR: LESSEE:
hutes County City of Redmond
tion: Property Manager Attn: City Manager
Box 6005 411 SW 9t" Street
, Oregon 97708-6005 Redmond, Oregon 97753
Bend OR 97703
541-385-1414 Office
541-317-3168 Fax
Kristie. Bollinger@deschutes.org
541-923-7710 Office
Admin@RedmondOregon.gov
23. NONWAIVER. Waiver by either party of strict performance of any provision of this
Agreement shall not be a waiver of or prejudice the party's right to require strict
performance of the same provision in the future or of any other provision.
24. PARTNERSHIP. Lessor is not by virtue of this Agreement a partner or joint venture with
Lessee in connection with activities carried on under this Agreement, and shall have no
obligation with respect to Lessee's debts or any other liabilities of each and every nature.
Page 11 of 20 — GROUND LEASE: CITY OF REDMOND
Deschutes County Document No. 2023-636
25. LESSEE NOT AN AGENT OF LESSOR. It is agreed by and between the Parties that
Lessee is not carrying out a function on behalf of the Lessor, and that Lessor does not
have the right of direction or control of Lessee's operation under this Agreement or to
exercise any control over the activities of Lessee.
26. LAND USE PERMIT. This Agreement does not constitute a land use permit, nor does
acceptance of this Agreement by Lessor constitute approval of any legislative or quasi-
judicial action required as a condition precedent to use of the land for the intended
purpose.
27. LESSOR'S RIGHT TO CURE DEFAULTS. If Lessee fails to perform any obligations
under this Agreement, Lessor shall have the option, but not the obligation, to do so after
thirty (30) days' written notice to the Lessee. All of Lessor's actual and reasonable
expenditures to correct the default shall be reimbursed by Lessee on demand with
interest at the rate of nine percent (9%) per annum from the date of expenditure by
Lessor. In the event that Lessee, upon using Lessee's best efforts, is unable to obtain all
required land use permits, Lessee may terminate this Agreement upon written notice to
Lessor. Lessee shall remain liable to Lessor following termination for all unpaid lease
payments, charges and damages due prior to termination and any damages, expenses,
costs or losses suffered by Lessor due to Lessee's termination of this Agreement.
28. NON-DISCRIMINATION: No person shall be subject to discrimination in the receipt of
any services or benefits made possible by, or resulting from this Agreement on the
grounds of sex, race, color, religion, creek, marital status, age, national origin, or
disability. Any violation of this provision may be considered a material breach of this
Agreement and grounds for termination by Lessor.
29. TIME IS OF THE ESSENCE. Time is of the essence of each and every provision of this
Agreement.
30. SEVERABILITY. The Parties agree that if any term or provision of this Agreement is
declared by a court of competent jurisdiction to be void, invalid or unenforceable, the
validity of the remaining terms and provisions shall not be affected, and the rights and
obligations of the parties shall be construed and enforced as if this Agreement did not
contain the particular term or provision held to be void, invalid or unenforceable.
31. AUTHORITY. Lessee covenants that it possesses the legal authority to bind its principals
to the terms, provisions and obligations contained within this Agreement. If it is
determined that Lessee does not have authority to enter into this Agreement, Lessor may
terminate this Agreement by providing written notice to Lessee.
32. MEDIATION and ARBITRATION.
32.1 Mediation. Before any party to this Agreement initiates Arbitration and/or
litigation in Circuit Court, the parties must first attempt non -binding mediation. The
parties shall split the cost of the mediator. If the parties are unable to agree on
selection of the mediator, then the Director at Central Oregon Mediation shall
choose. The mediation shall last no more than four (4) hours in duration.
Page 12 of 20 — GROUND LEASE: CITY OF REDMOND
Deschutes County Document No. 2023-636
32.2 Disputes for Arbitration. If any dispute arises between the Parties and the
dispute cannot be resolved, the Parties shall submit the same to binding arbitration.
If the Parties are unable to agree upon an arbitrator, then either party may apply to
the presiding judge of Deschutes County to appoint the required arbitrator.
32.3 Procedure for Arbitration. The arbitration shall proceed according to the
Oregon statutes governing arbitration, and the award of the arbitrator shall have the
effect therein provided. The arbitration shall take place in Deschutes County.
Common costs of the arbitration shall be shared equally by the Parties, but each
Party shall pay its own attorney fees incurred in connection with the arbitration.
33. ENTIRE AGREEMENT. This Agreement and attached Exhibits, if any, constitute the
entire agreement between the Parties concerning the subject matter of the Agreement
and supersede any and all prior or contemporaneous negotiations and/or agreements
between the Parties, whether written or oral, concerning the subject matter of this
Agreement which are not fully expressed herein. This Agreement may not be modified
or amended except by a writing signed by all Parties to this Agreement.
34. LESSOR DEFAULT. No act or omission of Lessor will be considered a default under this
Agreement until Lessor has received thirty (30) days' prior written notice from Lessee
specifying the nature of the default with reasonable particularity. Commencing from
Lessor's receipt of such default notice, Lessor will have thirty, (30) days to cure or remedy
the default before Lessor will be deemed in default of this Agreement; provided, however,
that if the default is of such a nature that it cannot be completely remedied or cured within
the twenty -day cure period, there will not be a default by Lessor under this Agreement if
Lessor begins correction of the default within the thirty -day cure period and thereafter
proceeds with reasonable diligence to effect the remedy as soon as practical.
35.
deemed to refer to the
of the parties may 'req
singular. The word "or
are not limiting. The to
ire
company, partnership, joi
government or ;governm(
titles, captions, or head
reference only and are
interpretation of this AgrE
>ronouns contained herein and any variations thereof will be
sculine, feminine, or neutral, singular or plural, as the identity
. The singular includes the plural and the plural includes the
not exclusive. The words "include," "includes," and "including"
person" means any natural person, corporation, limited liability
t venture, firm, association, trust, unincorporated organization,
ital agency or political subdivision, or any other entity. The
igs of the sections herein are inserted for convenience of
not intended to be a part of or to affect the meaning or
36. SEVERABILITY/SURVIVAL. If any of the provisions contained in this Agreement are
held illegal, invalid or unenforceable, the enforceability of the remaining provisions shall
not be impaired. All provisions concerning the limitation of liability, indemnity and
conflicts of interest shall survive the termination or expiration of this Agreement for any
cause.
[SIGNATURE PAGES FOLLOW]
Page 13 of 20 — GROUND LEASE: CITY OF REDMOND
Deschutes County Document No. 2023-636
IN WITNESS WHEREOF, the Parties have caused this Agreement to be effective for
all purposes as of the Effective Date.
LESSOR:
DATED this day of 2023 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ANTHONY DEBONE, Chair
PATTI ADAIR, Vice -Chair
Recording Secretary PHIL CHANG, Commissioner
STATE OF OREGON
ss.
County of Deschutes )
Before me, a Notary Public, personally appeared ANTHONY DEBONE, PATTI ADAIR, and
PHIL CHANG, the above -named Board of CountyCommissioners of Deschutes County,
Oregon and acknowledged the foregoing instrument on behalf of Deschutes County,
Oregon.
DATED this day of 2023
My Commission Expires:
Notary Public for Oregon
Page 14 of 20 — GROUND LEASE: CITY OF REDMOND
Deschutes County Document No. 2023-636
LESSEE:
DATED this day of 2023 City of Redmond, Oregon
Keith Witcosky, City Manager
STATE OF OREGON )
) ss.
COUNTY OF DESCHUTES )
The foregoing instrument was acknowledged before me this day of ,
2023, by , as of City
of Redmond, Oregon, an Oregon municipal corporation, on behalf of said City of Redmond,
Oregon.
Notary Public for Oregon
My commission expires:
Page 15 of 20 — GROUND LEASE: CITY OF REDMOND
Deschutes County Document No. 2023-636
EXHIBIT A
Overall TaxLot
DESCHUTES COUNTY VICINTY MAP
Ntapk�x # 1513000000103 �t
Exhibit A 1
7,1-�iojir fir •s:n�ai t',�. iylgis, -
Page 16 of 20 — GROUND LEASE: CITY OF REDMOND
Deschutes County Document No. 2023-636
EXHIBIT B1
Site Description
■
A portion of Marcel 2 of Partition flat 2022-17, located in the Southwest One -Quarter of the.
Southwest One: -Quarter of Section W, Township 15 South, Range 13 East, Willamette Meridian,
City of Redmond, Deschutes County. Oregon, being more particularly described as follows:
Commencing at a brass cap at the Sontli% est comer of said Section 14; "Thence along the West
Iine of said Section 14 North 0°25'21 " West 164.84 feet to a 5YS" iron rod with a yellow plastic
cap marked " FI WA" at the Southeast corner of Parcel 3 of Partition? Plat 2009-21 and the West
line of said Parcel 2 of Partition Plat 2022-17; "Thence North 11129' 19" East 193.80 feet to the
TRUE POINT OF BEGINNING; Thence parallel with and 40 feet Easterly of said 'West line of
Section 14 North 0"25'21" West 530.53 feet; Thence North 90"00'00" East 713.35 feet; Thence
South 0"25'21" East 630.45 feet, Thence North 90"00'00" West 217.53 feet; Thence North
40"12'03"West 134.75 feet; Thence South 89°34'49" West 409.60 feet to the TRUE POINT OE
BEGINNING.
The Basis of Bearings is North 0'25'21" West along the West line of Section 14.
The above described land contains 9.27 acres, more or less.
REGISTERED
PROFESS10NAL
LAND SURVEYOR
OREGO l '
NOVEMBER 10. 2009
JASON L. SIMES
832E6fts
EXPIRES 6/30/24
Page 17 of 20 — GROUND LEASE: CITY OF REDMOND
Deschutes County Document No. 2023-636
EXHIBIT B2
Site Depiction
EXHIBIT B2
A PORTION OF PARCEL 2, PARTITION PLAT 2022.17,
LOCATED IN THE SOUTHWEST ONE-QUARTEP OF THE SOUTHWEST ONE -QUARTER OF
SECTION 14, TOWNSHIP 15 SOLITIA, RANGE 13 E-ASVI*, WILLAMETTE MERIDIAN,
CITY OF REDMOND, DESCHUTES COUNTY, OREGON.
PARCEL 3
PARTITION PLAT 2009-21
TAX LOT t02
MAP 151315
ED
PROPOSED BOUNDARY
S.F. COR, PARCEL 'q - --,
Cv
b
9.27 ACRES
PARTITION PLAT 209-21
b
50IRON ROD WIT14
YPC NIARKED'HWA'
49 N40' 12'031V 134.76'-
869, 04' 49w 409.601
POINT OF BEGINNING
N90'00-00-4V
19189
2t7-53'
TAX LOT 300
MAP 151315
----OCHOOO HIGHWAY (013 1 2216' ,
-------------- ------
SW COR, SEC. 14
BRASS CAP
TAX LOT 100, TAX LOT 1500
MAP 151,922 MAP 151300
H.A. MTOY
ENGINEERING & SURVLYING LLC
1180 SW LAKE ROAD SMTE 201
REDMOND, OR 97756
0A0 R"-7554
SCALE: I"= 200'
0 1 C40f 2M'
lldl
PROJECT! EAST REDMOND MASTFR PLAN - DRAWN BY: JJW I GATE; 06,e01f2023 1 PAGE I OF I P;OJ=FCT4=,22:170j
Page 18 of 20 — GROUND LEASE: CITY OF REDMOND
Deschutes County Document No. 2023-636
PARCEL 2
PARTITION PLAT 2022-17
TAX LOT im
MAP 151300
REGISTERED
PROFESSIONAL
LAND SURVEYOR
OREGON t--..
NOVEMBER 10, 2000
JASON L. SIMES
83250PLS
EXPIRES 6/30/24
EXHIBIT Cl
Site Description
A porlion or Parcel 2 of Pirtilions 11ltat 2022-17. loc fted In thc. Southwesit One-i uatr er of llae
Southm-cst One-Quarler ofSaPctiort 14, "I'oa� nship 1.5 South, Range 13 F st,'�'�rilllKua�cttl'�1cri�li{ats,
City of Itedinond, Deschutes C OLIJut�', Oregon. being more particul trl�;' al�:sa;ribccl a s ,follows:
Coiaa'ate ac.itw a'al au bross cap ait the oughwcst Corner or sclial Seelion l 4; Thence i,,dong iheWest
list4 of slid Section 1=4 North 0°2.5P21" 'cs.t 164_84 feet to as 1 " 'tuts rod with a yellow plastic
vlap omrk.ed "ElWA- al the Swilliewst darner of Ilareel 3 of l'anlitiort flat 209721 and 111.West
line oaf stsicl 1'atrcel 2 of I'ajrtition flat 022-17', 'i'hence- Scalds 87"1826" East 40,06 feet to tlic:
TRIJIj 1101NT OF BEGrIi' NING; '1"hest:ce parallel will) !lard 401'�t I Wterly 4Wsaid. West lilac of
Section 11 North 0 '25'21." \Vest 191.. 1 feet; hencc Nc rlh 89 '3 4'49" l atst 409.60 Ie t Tt7ence.
Sotalt 40"12'03" }-a'tswst 3 1133 33 fleol� 'l.henco Soups 0t 01'53" West 50.32 f et; :Thea ce parallel with and 40 Jet Northerly a�f'thQ North right oaf %w ay line of lhc. Ochoco I lighNvIn• the Fol.lowiil�a
courses: North 89"iK j 7" Wosl 272.77 fCet; 0113 as t:urve to the right with, a ra dhis of 6,55,00 feet, to
I,Q-n tla of 53,25 figo, da 4: eroratl awle c11 0'5 4"02".. 4atacl a chord heal lavers Norlla 74" 11'07" Wesl
, 48.09 feet to t1w "1'1tUI POINT OF BEGINNING.
l'iae.Basis of Bearings is North 0"22S'21" Wept zalong, tho \ 'e.st line (A'Soolion 14,
The abo\',A dcs ribed kwd ca utaainas 3,23 k(,re:s, trove or Iess�
NOVEMBER 10. 2000
JASONLYq.pry �SIMES
q�q
EXPIRES 6/30/2.4
Page 19 of 20 - GROUND LEASE: CITY OF REDMOND
Deschutes County Document No. 2023-636
EXHIBIT C2
Site Depiction
EXHIBIT C2
A PORTION or PARCEL 2, PARTITION PLAT 2022-17,
LOCATED IN THE SOUTHWEST ONE -QUARTER OF THE SOUTHWEST ONE-QUARTFIF OF
SECTION 14, TOWNSHIP 15 SOUTH, RANGE 13 EAST, WILLAMETT E MERIDIAN,
CITY OF REDMOND, EYESCHUTES COUNTY, OREGON.
PARCEL
PARTITION PLAT 2009-21
TAX LOT 102
MAP 151315
SE COR. PARCEL 3
PARTITION PLAT 22OW-21
501 RON ROD WITH
YPC MARKED "HWA'
TAX LOT 300
MAP 151315
b 7
SW CDR, SEC. 14
BRASS CAP
PARCEL 2
PARTITION PLAT 2022-11
TAX LOT 103
MAP 1513M
CURVE TABLE
cull%E
HAUIRS
LENGTH
I orl.
1
oil ORD
C" I
GF,50',V
30!rAW
I N'14 �Nll OTW
3AUIT
W20E 49aC6'
40-
- POINT OF BEGINNING
PROPOSW80UNDARY
123 ACRES
\ S0'0I'53
%fy 50.3
2'
4- N89'50'07'W 272.77'
f- - ----------- - - - --------- --- ------------------- - - -
- OCHOCO HIGHWAY JOR 126J
cr)
TAX LOT 10 TAX LOT 1-900
r,?IAP 151322 MAP 15131XJ
PrGISTERED
II.A. Mc-C.O.Y. PROFESSIONAL
LNGINELRING &SURVEYING LLC SCALE1" = 200' LAND SURVEYOR
-R 8. 5 xi V SHEETS
1180 SW IAKE R0AD SUrrF- 2DI 6jw-v=M-d- - �-- ,
RE13MON13, OR 9T756 c 10T 2W
(540923-7554 OREO&
NOVEMBER tO. 2099
JASON L. $IMES
PROJECT: EAST REDMOND MASTER PLAN 8525SPI-S —
DRAWN UY,',JXPi I DATE. W0 012�_1PAUE1 or I I PRZJECT#: 22.1 ?0 EXPIRES 6/30/24
Page 20 of 20 — GROUND LEASE: CITY OF REDMOND
Deschutes County Document No. 2023-636
T E S CcG
BOARD OF
COMMISSIONERS
MEETING DATE: July 26, 2023
SUBJECT: Deliberations: Destination Resort Text Amendments
RECOMMENDED MOTION:
The Deschutes County Planning Commission recommends approval of file no. 247-22-
000835-TA.
BACKGROUND AND POLICY IMPLICATIONS:
The Board will deliberate in relation to a request for applicant -initiated legislative text
amendments to Deschutes County's Destination Resort (DR) Combining Zone (File No. 247-
22-000835-TA). The proposed amendments would add language from Oregon Revised
Statute (ORS) 197.455(1)(a), which would limit residential uses to those necessary for the
staff and management of the resort at any new destination resort allowed within 24 air
miles of an urban growth boundary population of at least 100,000. The full record is
located on the project webpage: https://www.deschutescounty.gov/cd/page/247-22-
000835-ta-destination-resort-text-amendment
BUDGET IMPACTS:
N/A
ATTENDANCE:
Tarik Rawlings, Senior Transportation Planner
MEMORANDUM
TO: Deschutes County Board of Commissioners (Board)
FROM: Tarik Rawlings, Senior Transportation Planner
DATE: July 19, 2023
SUBJECT: Deliberations - Destination Resort Text Amendments
On July 26, 2023, the Board of County Commissioners (Board) will conduct deliberations on an
applicant -initiated legislative text amendment to Deschutes County's Destination Resort (DR)
Combining Zone (file no. 247-22-000835-TA), following a public hearing that was held on July 12, 2023.
The record is available for inspection on the project website:
https•//www deschutescounty gov/cd/page/247-22-000835-ta-destination-resort-text-amendment
!. BACKGROUND
In October 2022, the applicant Central Oregon LandWatch (COLW), applied for a legislative
amendment to Deschutes County's Destination Resort (DR) Combining Zone. The proposed
amendments would add language from Oregon Revised Statute (ORS) 197.455(1)(a), which would
limit residential uses to those necessary for the staff and management of the resort at any new
Destination Resort allowed within 24 air miles of an urban growth boundary population of at least
100,000. This proposed amendment would only apply to newly proposed Destination Resorts and
would not apply to existing or approved Destination Resorts. The applicable language from ORS
197.455(1)(a) is provided below:
(1) A destination resort may be sited only on lands mapped as eligible for destination resort siting
by the affected county. The county may not allow destination resorts approved pursuant to ORS
197.435 (Definitions for ORS 197.435 to 197.467) to 197.467 (Conservation easement to protect
resource site) to be sited in any of the following areas:
(a) Within 24 air miles of an urban growth boundary with an existing population of 100,000
or more unless residential uses are limited to those necessary for the staff and
management of the resort.
Staff submitted a 35-day Post -Acknowledgement Plan Amendment (PAPA) notice to the Department
of Land Conservation and Development on January 11, 2023. Agency notice was sent to relevant
agency partners on January 18, 2023, and several agency comments were received. Notice of the
proposal was sent to all property owners within Deschutes County who are within the DR Zone on
January 23, 2023. The Notice explained the scope of the proposal, provided a project -specific website
related to the application, and gave meeting information for the initial Planning Commission public
hearing held on February 23, 20231. The Planning Commission held a continued public hearing on
March 9, 20232 and deliberated on the matter on March 23, 20233. The Planning Commission
ultimately recommended approval of the proposal with three (3) Commissioners voting in favor and
one (1) Commissioner voting against the proposal (two (2) Commissioners recused themselves from
deliberations). Following a Board work session on July 10, 20234 and public hearing on July 12, 2023s,
the Board voted to keep the written record open until Friday July 141" at 5pm with deliberations
scheduled for July 26, 2023.
II. BOARD DELIBERATIONS
On July 26, 2023, the Board will deliberate on the proposed legislative text amendment request. If the
Board finds that additional deliberations are necessary, the Board may schedule a future date for
continued deliberations. If the Board finds no additional deliberations are necessary, the Board may
then vote on the proposal.
The record is available for inspection at the Planning Division and at the following link:
https://www deschutescounty.gov/cd/page/247-22-000835-ta-destination-resort-text-amendment
Board Decision Matrix
A more thorough review and discussion of the subject proposal's compliance with the applicable
approval criteria and issues is provided in Attachment 1 - Board Decision Matrix, prepared in
conjunction with this deliberation memorandum.
Appendix - Proposed Text Modifications
Staff has included the four (4) proposed text modifications submitted on behalf of Caldera Springs
Real Estate, Juniper Preserve (formerly known as Pronghorn Resort), Kenneth Katzaroff, and Garrett
Chrostek as Attachment 2 attached to this memorandum for the Board's review.
III. NEXT STEPS
If the Board determines that additional deliberations are necessary, staff will work with the Board to
schedule a future meeting for continued deliberations. If the Board concludes their deliberations
during the July 26, 2023 meeting, the Board may then vote on whether to approve the proposal. If
the Board renders a vote during the July 26, 2023 meeting, staff will coordinate with the Board to
1 https://www.deschutescounty.gov/cd/page/247-22-000835-ta-destination-resort-text-amendment
Z https://www.deschutes.org/bc-pc/page/planning-commission-24
s https://www.deschutes.org/bc-pc/page/planning-commission-28
4 https://www.deschutes.org/bcc/page/board-county-commissioners-meeting-113
5 https://www.deschutes.org/bcc/page/board-county-commissioners-meeting-114
Page 2 of 3
return for a future meeting during which a draft ordinance and relevant exhibits will be presented
and a first reading of the ordinance initiated.
ATTACHMENTS:
1. Board Decision Matrix
2. Appendix - Proposed Text Modifications
Page 3 of 3
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ATTACHMENT 2 -APPENDIX
On July 26, 2023, the Board of County Commissioners (Board) will conduct deliberations on an
applicant -initiated legislative text amendment to Deschutes County's Destination Resort (DR)
Combining Zone (file no. 247-22-000835-TA), following a public hearing that was held on July 12, 2023.
In response to the four (4) total proposed text modifications submitted to record on behalf of Caldera
Springs Real Estate, Juniper Preserve, Kenneth Katzaroff, and Garrett Chrostek, staff has provided a
collection of the proposed texts within this Appendix as a single reference. These comments and text
proposals are responsive to the economic concerns of the existing Destination Resorts in Deschutes
County and seek to provide clarification around how the proposed amendment would apply to new
resort proposals.
If the Board elects to include language modifications to the proposal, County staff and legal counsel
recommend utilizing the language proposed by Caldera Springs Real Estate based on its specificity
and compliance with ORS 197.455(1)(a). Additionally, Garrett Chrostek has indicated that he sees no
issues with the language proposed by Caldera Springs Real Estate should the Board opt to
incorporate their proposed text modification.
I. Caldera Springs Real Estate - Steve Hultberg Quly 11, 2023)
"Within 24 air miles of an urban growth boundary with an existing population of 100,000 or more,
residential uses are limited to those necessaryfor the staff and management of the resort,
provided that this provision shallapply only to newly proposed resorts seeking Conceptual Master
Plan approval under DCC 18.113.050 or expansion proposals of existing developments under DCC
18.113.025. "
II. Garrett Chrostek (July 12, 2023)
"I wanted to advocate for some clarifying edits to the above referenced text amendment. 1 think it
is very awkward and confusing to insert the proposed language into Section 18.113.030 and
19.106.030 if the intent is to be narrowly focused on new resorts. A better approach is to include
language in Sections 18.113.070 and 19.106.070 that essentially makes the limitation a
mandatory condition of approval for new resort approvals."
III. Kenneth Katzaroff (March 14, 2023)
'I. Within 24 air miles of an urban growth boundary with an existing population of 100,000 or
more, except for destination resorts with conceptual master plan approval as of the Ldate of
adoptionl, new residential uses are limited to those necessaryfor staff and management of the
resort."
IV. Juniper Preserve (formerly Pronghorn Resort) - Alex Berger/Corinne Celko (February
13, 2023)
"Within 24 air miles of an urban growth boundary with an existing population of 100,000 or more,
residential uses are limited to those necessaryfor the staff and management of the resort,
provided that this provision applies only to new proposed destination resorts and not to existing
develo-pments approved as destination resorts."
Page 2 of 2
MEETING DATE: July 26, 2023
SUB ECT: Bend Downtown Campus Parking Project
RECOMMENDED MOTION:
Move to direct staff to proceed with Phase 2 of the Downtown Bend Campus Parking
Project as presented.
BACKGROUND AND POLICY IMPLICATIONS:
Staff and project consultants will report to the Board on the proposed projects and
updated work plan that have developed out of the preliminary parking analysis conducted
during Phase 1 of the project. Those preliminary findings were presented to the Board in
December of 2022.
Based on Board direction and in response to the preliminary parking analysis prepared as
part of Phase 1, the project team further developed four related tasks for Phase 2 of the
project:
1. Campus Signage
2. Parking Management
3. Accessible Routes and Parking Improvements
4. Campus Traffic Demand Management (TDM) Options and Strategies
A full scope of work for each task for Phase 2, has now been developed including four
specific conceptual plans for Task 3. The team will present these proposed tasks and
conceptual plans.
Through the FY 24 budget process, funds were allocated for the downtown parking
improvement project. The team seeks Board direction to proceed with the tasks outlined
above as presented. If so directed, the staff will return in two weeks for approval of the full
design contract.
ATTENDANCE:
Nicolas Speros, HHPR
Joe Bessman, Transight Consulting
Henry Alaman, Otak CPM
Eric Nielsen, Capital Improvement Manager
Lee Randall, Facilities Director
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COLW Destination Resort TEXT AMENDMENT
Land Use File No. 247-22-000835-TA_
Issue Area
Applicable Approval
Criterion
Applicant and Oppositional Responses
Planning Commission / Legal
Counsel
Staff Comment
The Board must determine whether the subject
application requires a Map/Plan Amendment to
lawfully address ORS 197.455.
The opposition asserts that
The Applicant asserts that ORS 197.455(1)(a)
The Deschutes County Planning
If the Board agrees with the Applicant's response, they
destination resort mapping
only allows for its implementation through a
Commission did not raise the issue of
may make findings that the subject application does
is part of the County's
Text Amendment process and that ORS
whether a Map/Plan Amendment is
not require a Map/Plan Amendment in order to comply
Comprehensive Plan and
197.455(1)(a) does not wholly prohibit all
required for the subject application and
with ORS 197.455.
Is the proposed Text
may only be amended
destination resorts. A Map/Plan Amendment
ultimately recommended approval of
Amendment
through a Plan
would only be necessary if the implementing
the proposal.
If the Board disagrees with the Applicant, they may find
unlawful under ORS
Amendment. Opposition
language of ORS 197.455(1)(a) explicitly
that a Map/Plan amendment is required and that the
197.455 such that
cites ORS 197.455(1-2) and
prohibited destination resorts within the
Deschutes County Legal Counsel has
proposed Text Amendment is unlawful under ORS
amendment of the
the map amendment
identified 24-airmile radius.
offered that all DR -mapped properties
197.455.
1
County's
process outlined under ORS
in the County will retain their authority
Comprehensive
197.610-625 as basis for
Oppositional comments assert that destination
to potentially develop a new
If the Board finds that no Map/Plan Amendment is
Plan's designation
denial of the subject
resort mapping is part of the County's
destination resort, provided the
required for the subject proposal, the Board may
resort for resort
application. The Applicant
Comprehensive Plan and may only be amended
development limitations outlined in
proceed to the next item in this decision matrix.
overlaymapping
pp g
cites case law at Central
through a Plan Amendment. Opposition cites
g pp
ORS 197.455 1 a apply. LUBA's rulings
()() pp y� g
first required?
Oregon LandWatch v.
ORS 197.455(1-2) and the map amendment
in LUBA No. 2020-095 (Gould v.
If the Board determines that a Map/Plan
Deschutes County as
process outlined under ORS 197.610-625 as
p
Deschutes Count and LUBA No. 2022-
y)
Amendment is required for the subject proposal,
q � p p
a Plan
reasoning for why a Plan
basis for rejecting the proposed amendment.
013 (Gould v. Deschutes County) do not
they may reject the proposed amendment for
Amendment is not required
require the County to first adopt new or
being unlawful under ORS 197.455. The applicant
for the subject application.
amended DR overlay maps.
or other interested parties may consider
submitting an application for Map/Plan
Amendment pursuant to ORS 197.455(2) in the
next 30-month cycle for consideration by the
Board.
1
247-22-000835-TA BOCC Decision Matrix
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