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2023-354-Ordinance No. 2023-014 Recorded 11/6/2023REVIEWED Cd'A LE6AT COUNSEL Recorded in Deschutes County CJ2O23-354 Steve Dennison, County Clerk commissioners' ,journal 11 /06/2023 11:52:35 AM 2023-354 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Deschutes County Code Title 18, Zoning Ordinance, Title 19, Bend Urban Area Zoning Ordinance, and Title 22, Procedures * ORDINANCE NO. 2023-014 Ordinance, to Adopt Provisions for Rural Accessory Dwelling Units. WHEREAS, the Board of County Commissioners directed Deschutes County Community Development Department staff to initiate amendments (Planning Division File No. 247-22-000671-TA) to Deschutes County Code ("DCC"), Chapter 18.32 — Multiple Use Agricultural Zone, Chapter 18.60 — Rural Residential Zone, Chapter 18.116 — Supplementary Provisions, Chapter 18.132 — Variances, Chapter 19.12 — Urban Area Reserve Zone, Chapter 19.20 — Suburban Low Density Residential Zone, Chapter 19.22 — Westside Transect Zone, Chapter 19.76 — Site Plan Review, Chapter 19.92 — Interpretations and Exceptions, Chapter 19.108 — Variances, Chapter 22.04 - iiltruuucLivi►S auu vc11111LIMIN, aiiu WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on September 22, 2022 and forwarded to the Deschutes County Board of County Commissioners ("Board") a 4-2 recommendation of approval; and WHEREAS, the Deschutes County Planning Corn mission reviewed new edits to the proposed changes on and July 13, 2023, and forwarded to the Deschutes County Board of County Commissioners (`Board") a 5-0 recommendation of approval; and WHEREAS, the Board considered this matter after a duly noticed public hearing on July 26, 2023 and concluded that the public will benefit from the proposed changes to the Deschutes County Code Titles 18, 19, and 22; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. Deschutes County Code Chapter 18.32, Multiple Use Agricultural Zone, 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 stt:ikethr-augh. Section 2. AMENDMENT. Deschutes County Code Chapter 18.60, Rural Residential Zone, is amended to read as described in Exhibit "B", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stri'- gh. PAGE 1 OF 3 - ORDINANCE NO.2023-014 Section 3. AMENDMENT. Deschutes County Code Chapter 18.116, Supplementary Provisions, is amended to read as described in Exhibit "C", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in str4'�. Section 4. AMENDMENT. Deschutes County Code Chapter 18.132, Variances, is amended to read as described in Exhibit "D", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in str-ik�gh . Section 5. AMENDMENT. Deschutes County Code Chapter 19.12, Urban Area Reserve Zone, is amended to read as described in Exhibit "E", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strike. Section 6. AMENDMENT. Deschutes County Code Chapter 19.20, Suburban Low Density Residential Zone, is amended to read as described in Exhibit "F", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in st+i r ffgh. Section 7. AMENDMENT. Deschutes County Code Chapter 19.22, Westside Transect Zone, is amended to read as described in Exhibit "G", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strilethrotigh. Section 8. AMENDMENT. Deschutes County Code Chapter 19.76, Site Plan Review, is amended to read as described in Exhibit "H", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stri'-e gh. Section 9. AMENDMENT. Deschutes County Code Chapter 19.92, Interpretations and Exceptions, is amended to read as described in Exhibit "I", attached hereto and by this reference incorporated herein, with new Language under! tn.,u a..0 ."nguag„ �v v., Section 10. AMENDMENT. Deschutes County Code Chapter 19.108, Variances, is amended to read as described in Exhibit "J", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in str4l��gh. Section 11. AMENDMENT. Deschutes County Code Chapter 22.04, Introductions and Definitions, is amended to read as described in Exhibit "K", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strik gh . Section 12. FINDINGS. The Board adopts as its findings Exhibit "L", attached and incorporated by reference herein. Section 13. EMERGENCY. This Ordinance being necessary for the public peace, health, and safety, an emergency is declared to exist, and this Ordinance becomes effective thirty (30) days after adoption and after final acknowledgement by the Oregon Department of Land Conservation and Development, unless this Ordinance is appealed. PAGE 2 OF 3 - ORDINANCE NO.2023-014 Dated this ' of AI W , 2023 Recording Secretary BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ANTHONY DEBONE, Chair PATTI ADAIR, Vice Chair PHILIP CHANG Date of 1st Reading: D day ® C+ • , 2023. � Y of � Date of 2nd Reading: I day of Na V • 2023. Record of Adoption Vote: Commissioner Yes No Abstained Excused Anthony DeBone Patti Adair Philip Chang Effective date: ' �� day of 2023. PAGE 3 OF 3 - ORDINANCE NO.2023-014 Exhibit A. CHAPTER 18.32 MULTIPLE USE AGRICULTURAL ZONE; MUA 18.32.020 Uses Permitted Outright 18.32.020 Uses Permitted Outright The following uses and their accessory uses are permitted outright: A. Agricultural uses as defined in DCC Title 18. B. A single family dwelling, or a manufactured home subject to DCC 18.116.070. C. Propagation or harvesting of a forest product. D. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards and criteria established by DCC 18.116.230. E. Class III road or street project. F. Noncommercial horse stables, excluding horse events. G. Horse events, including associated structures, involving: 1. Fewer than 10 riders; 2. Ten to 25 riders, no more than two times per month on nonconsecutive days; or 3. More than 25 riders, no more than two times per year on nonconsecutive days. Incidental musical programs are not included in this definition. Overnight stays by participants, trainers or spectators in RVs on the premises is not an incident of such horse events. H. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. I. Type 1 Home Occupation, subject to DCC 18.116.280. J. Historic Home 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 112711.993 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. 2023-014 §1 on 111112023 Exhibit B 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. i- I'lon .,..,......ercial L.. rse stables defined ;n nrr Title 1 4 xcl ding horse events. %J IV VII�.VInn�C�l.�a� iiv�ac awvic� as ucn�icu n� v".�, Title iv, en�,i �a%,11 .1 �c L 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 Home 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 by Ord. 2023-014 §2 on 111112023 Exhibit C CHAPTER 18.116 SUPPLEMENTARY PROVISIONS 18.116.350 Historic Home Accessory Dwelling Units In The RR-10 And MUA Zones 18.116.355 Residential Accessory Dwelling Units In The RR-10 And MUA Zones 18.116.350 Historic Howie Accessory Dwelling Units In The RR-10 And MUA Zones A. As used in this section: 1. "Historic AGGessery-accessory dwelling unit" 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 single- family dwelling on the property, and located on the same lot as the single-family dwelling. 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 (RR=10 and MUA Zones) may construct a new single-family dwelling or place a manufactured home on the lot or parcel, provided: 1. The lot or parcel is not located in an area designated as an urban reserve as defined in ORS 195.137; 2. The lot or parcel is at least two acres in size; 3. A historic home is sited on the lot or parcel; 4. The owner converts the historic home to aff historic accessory dwelling unit upon completion of the new single-family dwelling or placement of a manufactured home; and S. The historic accessory dwelling unit maybe required to comply with all applicable laws and regulations relating to sanitation and wastewater disposal and treatment. C. The construction of a+� historic 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 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 historic accessory dwelling unit. 2. Alter, renovate or remodel the historic accessory dwelling unit so that the square footage of the historic 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 historic 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 manufactured home placed under this section may be required to be served by the same water supply source as the historic accessory dwelling unit. F. Owner occupancy of either the historic accessory dwelling unit or the new single-family dwelling is not required. However, the historic accessory dwelling unit and the new single-family dwelling placed under this section @Rd the ep. ^' chin^ , Rit 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. 2023-014 §3 on 111112023 18.116.355 Residential Accessory Dwelling Units In The RR-10 And MUA Zones A. As used in this section: 1. "Accessory dwelling unit" 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 single-family dwelling on the property, and located on the same lot as the single-family dwelling. 2. "Accessory dwelling unit structure" means all areas of an accessory dwelling unit inclusive of garages, carports, decks, and porch covers. 3. "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. 4. "Safe evacuation plan" means an identifiable route on a right(s)-of-way and any onsite driveways from the accessory dwelling unit to a staged evacuation area. 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. 6. "Staged evacuation area" means a public or private location that occupants of the accessory dwelling unit may evacuate to reorganize. 7. "Useable floor area" means all areas of an accessory dwelling unit included within the surrounding exterior walls, exclusive of garages, carports, decks, and porch covers. 8. "Vacation occupancy" means occupancy in a dwelling unit, not including transient occupancy in a hotel or motel, that has all of the following characteristics: a. The occupant rents the unit for vacation purposes only, not as a principal residence; and b. The occupant has a principal residence other than at the unit; and c. The period of authorized occupancy does not exceed 45 days. B. One accessory dwelling unit is permitted outright on a lot or parcel zoned RR-10 or MUA-10, provided all of the following standards are met: 1. One single-family dwelling is sited on the lot or parcel: a. As used in this section, "sited" means established onsite or applied for prior to issuance of any building or land use permits for an accessory dwelling unit. b. An existing single-family dwelling meeting all other criteria in this section may be converted to an accessory dwelling unit during construction of a new primary single- family dwelling. 2. There is no guest house, temporary residence as identified in DCC 18.116.090, or additional dwelling units except the primary single-family dwelling established on the subject property. a. An existing lawfully established guest house, temporary residence as identified in DCC 18.116.090, or an additional dwelling unit meeting all other criteria in this section may be converted to an accessory dwelling unit. 3. The lot or parcel is not located within an Urban Reserve Area, consistent with ORS 195.137. 4. No portion of the lot or parcel is within the Metolius Area of Critical State Concern, as defined in ORS 197.416. 5. The lot area is at least two acres in size, with the exception of those unsewered areas between Sunriver and the Klamath County border, defined as those unincorporated portions of Deschutes County contained in Townships 195, 205, 215, and 22S and Ranges 9E, 10E and 11E. Within these exception areas, the lot area is at least five acres in size. 6. The accessory dwelling unit structure will have a minimum setback of 100 feet from adjacent properties zoned F-1, F-2, or EFU and meet any other minimum setback requirements of the underlying zone and combining zones. 7. The accessory dwelling unit will not include more than 900 square feet of useable floor area. 8. The accessory dwelling unit will be located no farther than 100 feet from the existing single-family dwelling, measured from a wall of the existing single-family dwelling to the nearest part of the useable floor area of the accessory dwelling unit. a. An existing structure converted to an accessory dwelling unit must be located no farther than 100 feet from the existing single-family dwelling, measured from the existing single-family dwelling to the nearest part of the accessory dwelling unit structure. For the purposes of this section, "existing" means the structure was lawfully established on or before November 1, 2023. 9. Prior to application, the accessory dwelling unit receives approval from a sewer authority or the Deschutes County Onsite Wastewater Division for onsite wastewater disposal and treatment. 10. 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. 11. 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 11(a)i and 11(a)(ii), or section 11(a)(iii): i. A continuous, minimum 20-foot width rights) -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 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 12-foot width onsite driveway with an unobstructed horizontal clearance of not less than 20 feet and 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 lbs as certified by a Professional Engineer, registered in Oregon; iii. Written confirmation from afire 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. For private properties utilized as staged evacuation areas, 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. 12. 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 to the accessory dwelling unit structure: i. For areas designated as high wildfire hazard that are identified pursuant to ORS 477.490: 1. The Wildfire Hazard Mitigation building code standards as described in section R327 of the Oregon Residential Specialty Code. b. If the Statewide Wildfire Hazard Map described in ORS 477.490 has not been approved, the following requirements shall apply to the accessory dwelling unit structure: i. The Wildfire Hazard Mitigation building code standards as described in section R327 of the Oregon Residential Specialty Code. 13. 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 13(b)(i) or 13(b)(ii) requirements shall apply: i. Prior to issuance of building permits, the property owner(s) shall construct and maintain the following firebreaks on land surrounding the accessory dwelling unit that is owned or controlled by the owner: 1. Primary Firebreak. 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; 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. �Ji. Prior to issuance of building permits, the property owner(s) shall construct and maintain defensible space and fuel breaks as developed in consultation with local fire protection service providers who have received training or certification described in ORS 181A.410. Applicable defensible space and fuel breaks shall be on land surrounding the accessory dwelling unit on land that is owned or controlled by the owner. 14. 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. 15. 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 adiustment 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 dwelling unit, guest house, or any other temporary residence as identified in DCC 18.116.090. 16. 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. 17. At the time of application, 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. 18. An existing single-family dwelling and an accessory dwelling unit allowed under this section are considered a single unit for the purposes of calculating ground water right exemptions under ORS 537.545(1). 19. 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. 20. Prior to issuance of building permits, the applicant shall sign and record with the County Clerk, a restrictive covenant stating an accessory dwelling unit allowed under this section and the primary single-family dwelling cannot be used for vacation occupancy, as defined in DCC 18.116.355(A)(8) and consistent with ORS 90.100. HISTORY Adopted by Ord. 2023-014 §3 on 111112023 Exhibit D CHAPTER 18.132 VARIANCES 18.132.020 Authority Of Hearings Body 18.132.025 Minor Variances 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. 2023-014 §4 on 111112023 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. 5. As used in this sub -section, "long-standing" means in excess of ten (10) years. 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 913011991 Amended by Ord. 2004-013 §15 on 912112004 Amended by Ord. 2010-003 §1 on 71612010 Amended by Ord. 2023-014 §4 on 111112023 Exhibit E 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 Home Accessory Dwelling Units, subject to DCC 19.92.150. u RNesiCA'en+L1; I n �� „ Dwelling i in +� � h o�++ nr� � o a� � tin I]. 1\GJI6ICI IUQI P9l.cessor 9 -nits, J1.1biecI t 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. 2023-014 §5 on 111112023 Exhibit F 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 Home 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 Repealed & 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. 2023-014 §6 on 111112023 Exhibit G CHAPTER 19.22 WESTSIDE TRANSECT ZONE; WTZ 19.22.020 Permitted Uses 19.22.020 Permitted Uses The following uses and their accessory uses are permitted outright: A. Single-family dwelling. B. Home occupation subject to DCC 19.88.140. C_Other accessory uses and accessory buildings and structures customarily appurtenant to a permitted use subject to DCC 19.92.020. D. Residential Accessory Dwelling Units, subject to DCC 19.92.160. HISTORY Adopted by Ord. 2019-001 §8 on 411612019 Amended by Ord. 2023-014 §7 on 11/1/2023 Exhibit f x CHAPTER 19.76 SITE PLAN REVIEW 19.76.070 Site Plan Criteria 19.76.020 Site Plan Requirements In all zones, except for a single-family, duplex or triplex unit, or an accessory dwelling unit, on one lot, all new uses, buildings, outdoor storage or sales areas and parking lots or alterations thereof shall be subject to the provisions of DCC 19.76.020. Site plan approval shall not be required where a proposed alteration of an existing building does not exceed 25 percent of the size of the original structure unless the Planning Director finds the original structure or proposed alteration does not meet the requirements of DCC Title 19 or other ordinances of the County. HISTORY Adopted by Ord. PL-11 on 711111979 Repealed & Reenacted by Ord. 90-038 §1 on 101311990 Amended by Ord. 2023-014 §8 on 111112023 Exhibit I CHAPTER 19.92 INTERPRETATIONS AND EXCEPTIONS 19.92.150 Historic Home Accessory Dwelling Units In The UAR-10 And SR-2 1/2 Zones 19.92.160 Residential Accessory Dwelling Units In The UAR-10, SR-2 %, And WTZ Zones 19.92.150 Historic Home Accessory Dwelling Units In The UAR-10 And SR-2 1/2 Zones A. As used in this section: 1. "Historic AeeessoFy accessory dwelling unit" 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 single- family dwelling on the property, and located on the same lot as the single-family dwelling. 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 sZones) 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 a44 historic -accessory dwelling unit upon completion of the new single-family dwelling; and 5. The historic 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 aR historic 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: 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 historic accessory dwelling unit. 2. Alter, renovate or remodel the historic accessory dwelling unit so that the square footage of the historic 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. Rebuild the historic 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 historic accessory dwelling unit. Owner occupancy of either the historic accessory dwelling unit or the new single-family dwelling is not required. However, the historic accessory dwelling unit and the new single-family dwelling placed under this section the new single family dwelling and the a dwelliRg LlRit may not be used simultaneously for short-term rentals of thirty (30) consecutive days or less. HISTORY Adopted by Ord. 2019-009 §6 on 91312019 Recorded by Ord. 2019-009 §6 on 91312019 Amended by Ord. 2023-014 §9 on 111112023 19.92.160 Residential Accessory Dwelling Units In The UAR-10, SR-2 %, And WTZ Zones A. As used in this section: 1. "Accessory dwelling unit" 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 single-family dwelling on the property, and located on the same lot as the single-family dwelling. 2. "Accessory dwelling unit structure" means all areas of an accessory dwelling unit inclusive of garages, carports, decks, and porch covers. 3. "Rural residential use" means a lot or parcel located in the UAR-10, SR-2 %, or WTZ Zones consistent with the definition in ORS 215.501. 4. "Safe evacuation plan" means an identifiable route on a right(s)-of-way and any onsite driveways from the accessory dwelling unit to a staged evacuation area. 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. 6. "Staged evacuation area" means a public or private location that occupants of the accessory dwelling unit may evacuate to reorganize. 7. "Useable floor area" means all areas of an accessory dwelling unit included within the surrounding exterior walls, exclusive of garages, carports, decks, and porch covers. 8. "Vacation occupancy" means occupancy in a dwelling unit, not including transient occupancy in a hotel or motel, that has all of the following characteristics: a. The occupant rents the unit for vacation purposes only, not as a principal residence; and b. The occupant has a principal residence other than at the unit; and c. The period of authorized occupancy does not exceed 45 days. B. One accessory dwelling unit is permitted nl Itriaht nn a Int nr narral 7nnarl I IAR-ln SR-9 nr WTZ provided all of the following standards are met: 1. One single-family dwelling is sited on the lot or parcel: a. As used in this section, "sited" means established onsite or applied for prior to issuance of any building or land use permits for an accessory dwelling unit. b. An existing single-family dwelling meeting all other criteria in this section may be converted to an accessory dwelling unit during construction of a new primary single- family dwelling. 2. There is no guest house, temporary residence as identified in DCC 19.88.090, or additional dwelling units except the primary single-family dwelling established on the subject property. a. An existing lawfully established guest house, temporary residence as identified in DCC 19.88.090, or an additional dwelling unit meeting all other criteria in this section may be converted to an accessory dwelling unit. 3. The lot or parcel is not located within an Urban Reserve Area, consistent with ORS 195.137. 4. No portion of the lot or parcel is within the Metolius Area of Critical State Concern, as defined in ORS 197.416. 5. The lot area is at least two acres in size, with the exception of those unsewered areas between Sunriver and the Klamath County border, defined as those unincorporated portions of Deschutes County contained in Townships 19S, 20S, 21S, and 22S and Ranges 9E, 10E and 11E. Within these exception areas, the lot area is at least five acres in size. 6. The accessory dwelling unit structure will have a minimum setback of 100 feet from adjacent properties zoned F-1, F-2, or EFU and meet any other minimum setback requirements of the underlying zone and combining zones. 7. The accessory dwelling unit will not include more than 900 square feet of useable floor area. 8. The accessory dwelling unit will be located no farther than 100 feet from the existing single-family dwelling, measured from a wall of the existing single-family dwelling to the nearest part of the useable floor area of the accessory dwelling unit. a. An existing structure converted to an accessory dwelling unit must be located no farther than 100 feet from the existing single-family dwelling, measured from the existing single-family dwelling to the nearest part of the accessory dwelling unit structure. For the purposes of this section, "existing" means the structure was lawfully established on or before November 1, 2023. 9. Prior to application, the accessory dwelling unit receives approval from a sewer authority or the Deschutes County Onsite Wastewater Division for onsite wastewater disposal - - l and J i aisp�sai aria treatment. 10. 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. 11. 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 11(a)i and 11(a)(ii), or section 11(a)(iii): i. A continuous, minimum 20-foot width right(s)-of-way with an unobstructed vertical clearance of not less than 13.5 feet. For the purposes of this section right(s)-of-way are defined as: 1. Public roads with maintenance responsibility accepted by a unit of local or state government or assigned to landowners or homeowners association by covenant or agreement; or 2. Private roads, as permitted by DCC Title 19, with maintenance responsibility assigned to landowners or homeowners associations by covenant or agreement pursuant to ORS 105; and ii. A continuous, minimum 12-foot width onsite driveway with an unobstructed horizontal clearance of not less than 20 feet and 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 afire 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. For private properties utilized as staged evacuation areas, 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. 12. 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 to the accessory dwelling unit structure: i. For areas designated as high wildfire hazard that are identified pursuant to ORS 477.490 1. The Wildfire Hazard Mitigation building code standards as described in section R327 of the Oregon Residential Specialty Code. b. If the Statewide Wildfire Hazard Map described in ORS 477.490 has not been approved, the following requirements shall apply to the accessory dwelling unit structure: i. The Wildfire Hazard Mitigation building code standards as described in section R327 of the Oregon Residential Specialty Code. 13. 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 13(b)(i) or 13(b)(ii) requirements shall apply: i. Prior to issuance of building permits, 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. 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. nine, d I w ll ti d; d vcau iueis siiaii ve reii�oveu, aiiu 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. Prior to issuance of building permits, the property owner(s) shall construct and maintain defensible space and fuel breaks as developed in consultation with local fire protection service providers who have received training or certification described in ORS 181A.410. Applicable defensible space and fuel breaks shall be on land surrounding the accessory dwelling unit that is owned or controlled by the owner. 14. The existing single-family dwelling property on the lot or parcel is not subject to an order declaring it a nuisance or subject to any pending action under ORS 105.550 to 105.600. 15. 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 dwelling unit, guest house, or any other temporary residence as identified in DCC 19.88.090. 16. 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. 17. At the time of application, 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. 18. An existing single-family dwelling and an accessory dwelling unit allowed under this section are considered a single unit for the purposes of calculating ground water right exemptions under ORS 537.545(1). 19. 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. 20. Prior to issuance of building permits, the applicant shall sign and record with the County Clerk a restrictive covenant stating an accessory dwelling unit allowed under this section and the primary single-family dwelling cannot be used for vacation occupancy, as defined in DCC 19.92.160(A)(8) and consistent with ORS 90.100. HISTORY Adopted by Ord. 2023-014 §9 on 111112023 Exhibit J CHAPTER 19.108 VARIANCES 19.108.020 Criteria 19.108.020 Criteria No variance shall be granted pursuant to the provisions of DCC 19.108.010 unless the applicant can establish: A. That special conditions exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, buildings or structures in the same zone; and B. That strict interpretation of the provisions of DCC Title 19 would deprive the applicant of rights commonly enjoyed by other properties in the same zone under the terms of DCC Title 19; and C. That the special conditions and circumstances do not result from the actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience; and D_That granting the variance will be in harmony with the objectives of DCC Title 19 and not injurious to the neighborhood or otherwise detrimental to the public welfare. 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. 2023-014 §10 on 111112023 Exhibit K CHAPTER 22.04 INTRODUCTION AND DEFINITIONS 22.04.040 Verifying Lots of Record 22.04.040 Verifying Lots of Record A. Purpose; scope. Concurrent with or prior to the issuance of certain permits, a lot or parcel shall be verified pursuant to this section to reasonably ensure compliance with the zoning and land division laws in effect on the date the lot or parcel was created. Not all permits require verification. If required, verifying that the lot or parcel was lawfully created is a threshold issue that should be addressed before the permit may be issued, but does not supersede or nullify other permit requirements. This section 22.04.040 provides an applicant the option to concurrently verify a lot or parcel as part of applying for a permit that requires verification, or preliminarily apply for a declaratory ruling to thereby determine the scope of available permits. B. Permits Requiring Verification. 1. Unless an exception applies pursuant to subsection (B)(2) below, verifying a lot or parcel pursuant to subsection (C) shall be required prior to the issuance of the following permits: a. Any land use permit for a unit of land in the Exclusive Farm Use Zones (DCC Chapter 18.16), Forest Use Zone — F1 (DCC Chapter 18.36), or Forest Use Zone — F2 (DCC Chapter 18.40); b. Any permit for a lot or parcel that includes wetlands as shown on the Statewide Wetlands Inventory; c. Any permit for a lot or parcel subject to wildlife habitat special assessment; d. In all zones, a land use permit relocating property lines that reduces in size a lot or parcel; e_In all zones, a land use, structural, or non -emergency on -site sewage disposal system permit if the lot or parcel is smaller than the minimum area required in the applicable zone; f. In all zones, a permit for a Historic Home Accessory Dwelling Unit as defined in DCC 18.116.350 or 19.92.150; e B. In all zones, a permit for a Residential Accessory Dwelling Unit as defined in DCC 18,116.355 or 19.92.160. Exceptions. Verification shall not be required if one of the following exceptions apply: a. The lot or parcel was created by a subdivision plat, partition plat, condominium plat, or town plat so long as the plat was recorded and approved by the County, another political subdivision of the State of Oregon, or the State of Oregon; b. The lot or parcel was previously validated by the County and an applicable partition plat was subsequently recorded within 365 days as required by ORS 92.176(S); c. The lot or parcel was previously determined to be a lot of record in a formal decision issued by the County or a finding in a land use action prior to November 1, 2017; d. The lot or parcel was previously verified pursuant to subsection (C) and a finding was issued to that effect in a land use action or declaratory ruling; or e. For permits listed in subsection (13)(1)(e) only, the lot or parcel previously received a land use or building permit prior to November 1, 2017, a structural permit after November 1, 2017, or a non -emergency on -site sewage disposal permit. f. Notwithstanding DCC 22.04.040(B)(2)(b), if a unit of land has been validated by a city or county under ORS 92.176 before January 1, 2022, such unit of land becomes a lawfully established parcel, provided that the owner of the unit of land caused a partition plat to be recorded on or before December 31, 2022. 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 (13)(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. 2023-014 §11 on 111112023 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/liz/202lRl /Down loa ds/MeasureDocu ment/SB391 1 1 7 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 (541) 388-6575 @cdd@deschutes.org ® www.deschutes.org/cd 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. Priorto the adoption of SB 391, state law allowed counties to permit an additional dwelling on a property containing a house built prior to 1945.' 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 7621 prior to adoption of any local administering rural ADU standards. SB 644 decouples adoption of the Statewide Map of Wildfire Risk (Statewide %AliIrlflro Wn nnM NAnn1 frnm thn arinntinn of anv InrnI riiIor nIIrwlina n irnI An Ic ni irina anv intarim vvnwn c i iu�uI u 1viuNi 11 vI.. a I.. u�..v�.,�.—, — N..y ....,.,. �..a ..'.......b u J ........... period where a local jurisdiction has adopted rules allowing ADUs and prior to the release of the final map, any constructed ADUs will be subject to the home hardening building codes as described in section R327 of the Oregon Residential Specialty Code. C. Deschutes County Rural ADU Ordinance In addition to only applying to lands recognized as rural residential exception areas, SB 391 also contains minimum criteria that must be met for a lot or parcel to qualify for an ADU. Many of those criteria are general in nature and therefore require counties to provide their own interpretations or definitions. At the same time, SB 391 contains several provisions related to wildfire hazard mitigation, which relied on and referred to actions at the state level as directed by the passage of SB 762, a comprehensive wildfire hazard mitigation bill.' While wildfire requirements were being created at the state level, staff worked with the Board of County Commissioners to "translate" the language of SB 391 into the local code presented in these amendments. 2 House Bill 3012 (2017). 3 https://olis.oregonlegislature.gov/liz/2023Rl /Downloads/MeasureDocument/SB644/Enrolled 4 https://olis.oregonlegislature.gov/liz/2021 R1/Downloads/MeasureDocument/SB762/Enrolled 5 SB 1533 (2022) corrected broken links in SB 762 related to wildfire mapping. 247-22-000671 JA Page 2 of 43 111. 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 parcel is not located within an area designated as DCC 18.116.355(B)(2) and DCC Urban Reserve Area an urban reserve as defined in ORS 195.137. In 19.92.160(B)(2) are consistent with Deschutes County, the Redmond Urban Reserve SB 391/SB 644. Area is the only urban reserve that meets this 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 DL.CD, Acknowledged ORS 215.501(1)(b), "Area zoned for rural nonresource plan amendments residential use" means land that is not located Nonresource Lands inside an urban growth boundary as defined in dnU tune Uidf %(2e> HUM CXIIU�,IVU 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 the lot or parcel is within a designated area of DCC 18.116.355(B)(4) and DCC Areas of Critical State critical state concern. Areas of critical state 19.92.160(B)(4) are consistent with Concern concern are generally defined in ORS 197,405 and SB 391/SB 644. apply to the Metolius Area of Critical State Concern in ORS 197.416. DCC 18,116.355(B)(5) and DCC 19.92.160(B)(5) are consistent with SB 391/SB 644. DCC 18.116.355(B)(5) and DCC Minimum Lot Size SB 644 Section 1(2)(b) requires the subject lot or 19.92.160(B)(5) also require a parcel be at least two acres in size. 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)(6) and DCC 19.92.160(B)(6) are consistent with SB 644 Section 1(2)(m)(A) requires that the ADU I SB 391/644. Both require a Setbacks = has adequate setbacks from adjacent lands minimum setback of 100 feet zoned for resource use, between the ADU and adjacent EFU and Forest Use zoned (F-1, F- 2) properties. DCC 18.116.355(B)(7) and DCC 19.92.160(B)(7) 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 18.116.355(B)(8) and DCC 19.92.160(B)(8) are consistent with SB 391/SB 644. Both require the ADU be located no farther than 100 feet from the existing single-family dwelling, SB 644 Section 1(2)(g) requires the ADU to be measured from a wall of the Distance from Dwelling located no farther than 100 feet from the single- single-family dwelling to the family dwelling.6 nearest part of the useable floor area of the ADU. An exception to this standard has been provided for pre-existing structures converted to ADUs by allowing measurements to be taken from non -useable floor area portions of the ADU. SB 644 Section 1(2)(e) requires the ADU to comply DCC 18.116.355(B)(9) and DCC Sanitation and with applicable sanitation and wastewater 19.92.160(B)(9) are consistent with Wastewater regulations. SB 391/SB 644, SB 644 Section 1(2)0) requires the lot or parcel be DCC 18.116.355(B)(10) and DCC Fire Protection District served by a fire protection service provider with 19.92.160(B)(10) are consistent Service professionals who have received training or with SB 391 /SB 644. certification described in ORS 181A.410. 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 i I Comment DCC '18.116.355(8)(11) and DCC 19.92.160(B)(11) 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 plans and staged evacuation areas. SB 644 Section 1(2)(k) requires that if the lot or DCC 18.116.355(B)(13) and DCC parcel is in an area identified on the statewide 19.92.160(B)(13) 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 Consistent with SB 644, the code Wildland Urban Interface parcel and accessory dwelling unit comply with sections identify alternatives for (WUI) Defensible Space any applicable minimum defensible space properties wishing to develop Requirements requirements for wildfire risk reduction rural ADUs prior to and after the established by the State Fire Marshal under ORS adoption of the Statewide Wildfire 476,392 and any applicable local requirements Hazard Map identified in SB for defensible space established by a local 762/SB 80. 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)(12) and DCC map of wildfire risk described in ORS 477.490, the 19,92.1 60(B)(1 2) are consistent ADU must comply with R327 (fire hardening with SB 391/SB 644. standards) in the Oregon Residential Specialty Consistent with SB 644, the code Wildland Urban Interface Code. sections identify alternatives for (WUI) Fire Hardening properties wishing to develop SB 644 Section 1(2)(1)(B) requires that if no rural ADUs prior to and after the statewide map of wildfire risk has been adopted, adoption of the Statewide Wildfire the ADU must comply with R327 (fire hardening Hazard Map identified in SB standards) in the Oregon Residential Specialty 762/SB 80. 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)(14) and DCC Nuisance subject to an order declaring it a nuisance or 19.92.160(B)(14) 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)(15) and DCC Accessory Dwelling or parcel so that the existing single-family 19.92.160(6)(15) 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. 247-22-000671-TA Page 5 of 43 Topic SB 391/SB 644 Requirements Comment DCC 18.116.355(8)(16) and DCC SB 644 Section 1(2)(rn)(C)(5) allows a county to 119.92 160(B)(16) 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)(16) and DCC by the Water Resources Commission or Water 19.92.160(B)(16) require setbacks Resources Department. from the well to be maintained from an ADU. SB 644 Section 1(2)(m)(C)(6) recognizes that a single-family dwelling and an ADU are considered DCC 18.116.355(B)(18) and DCC Water Right Exempt Use a single unit and therefore do not require a 19,92.1 60(B)(1 8) 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 537.545 (1)(b) or (d), no portion of the lot or 19.92.160(B)(18) 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 the Water Resources Commission'. DCC 18.116.355(B)(20) and DCC 19.92.160(B)(20) are consistent with SB 391 /SB 644. Additional SB 644 Section 1(2)(m)(C)(3) prevents an ADU standards prohibit the primary Vacation Occupancy from being used for vacation occupancy as single-family dwelling onsite from defined in ORS 90.100. use as a vacation rental after construction of a lawful ADU 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. I Deschutes County does not contain any critical groundwater areas as defined by the Water Resources Commission. 247-22-000671-TA Page 6 of 43 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. FINDING: This criterion will be met as notice was published in the Bend Bulletin newspaper for the Planning Commission public hearing, and the Board of County Commissioners' public hearing. B. Posted Notice. Notice shall be posted at the discretion of the Planning Director and where necessary to comply with ORS 203.045. FINDING: Posted notice was determined by the Planning Director not to be necessary. C. Individual notice. Individual notice to property owners, as defined in DCC 22.08.010(A), shall be provided at the discretion of the Planning Director, except as required by ORS 215.503. FINDING: Given the proposed IopoJed legislative amendments do not apply to any specific property,, I io 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. 247-22-000671-TA Page 7 of 43 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. 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. 2023-014 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, Accessory Dwelling Units (ADUs), 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. 247-22-000671-TA Page 8 of 43 However, to the extent that it does, local goverr)men!:s apply Goal 5 to a PAPA when the amendment allows a new use and the neVII use "could be" a conflicting use 14,•ith a particular Goal 5 resource site on an acknowledged resource list. Certain areas in rural Deschutes County, zoned MUA-10 and RR- 10 contain Goal 5 resources because they are overlaid with a Wildlife Area Combining Zone. Two zoning codes are being amended to allow Rural ADUs and are therefore subject to an ESEE Analysis. No other changes to the code warrant specific ESEE Analysis as they are not adding new uses that conflict with Goal 5 resources. The ESEE analysis is included in AppendixA which is attached to this document. Goal 6: Air Water and Land Resources Quality: The proposed text amendments do not propose changes to the County's Comprehensive Plan policies or implementing regulations for compliance with Goal 6, and therefore are in compliance. However, it is worth noting that the amendments preclude citing an ADU south of Sunriver on lots or parcels less than 5 acres. In the eligible zones 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 Statewide Wildfire Hazard Map, 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, Accessory Dwelling Units (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. 247-22-000671-TA Page 9 of 43 To the extent that the Transpoi tation Planning Rule at JAR 660-012-0060 does apply, staff notes the following comments from thIe 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 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. 247-22-000671-TA Page 10 of 43 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 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 o1 a ion or parcel wiuun 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 247-22-000671-TA Page 12 of 43 Deschutes County Community Development September 27, 2023 247-22-000671-TA Page 13 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 14 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' '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. Setback Protections: 100-foot structural setback from the ordinary high water mark (OHWM) of rivers and streams. 247-22-000671-TA Page 15 of 43 2. Scenic Protections: Development near rivers in the Landscape Management Combining Zone must be reviewed for aesthetic compatibility. 3. Wetland Protections: Prohibition of fill or removal of any material or wetland vegetation, regardless of the amount, within the bed and banks of any stream or river or in any wetland unless approved as a conditional use. 4. Mitigation Protections: Impacts to any wetland or riverbank impacts to be fully mitigated, as evaluated by Oregon Department of Fish and Wildlife (ODFW). 5. Flood Plain Protections: All new construction, expansion or substantial improvement of an existing dwelling, an agricultural related structure, a commercial, industrial or other non-residential structure, or an accessory building in a designated Flood Plain must obtain a conditional use permit. 6. Combining Zone Requirements: Deer Migration Corridor, Deer Winter Range, Elk Habitat, and Sensitive Bird and Mammal Habitat have site specific requirements including development setbacks and/or seasonal construction requirements to prevent impacts to sensitive species and habitat. Required Steps and Discretionary Review Local governments are required to comply with Goal 5 when a PAPA allows a new use and the new use "could be" a conflicting use with a particular Goal 5 resource site on an acknowledged resource list.$ Deschutes County is amending the MUA-10, RR-10, SR 2.5, UAR-10 and WTZ zoning chapters to allow ADUs consistent with SB 391 (2021) and SB 644 (2023). ADUs have the potential to generate a certain level of noise and habitat alteration. As this new use could potentially impact Goal 5 resources, Deschutes County is conducting an ESEE Analysis to identify potential consequences and protections related to the amendments. ADUs will be added as a new permitted use in the MUA-10, RR-10, SR 2.5, UAR-10 and WTZ zones. As shown below, only two of those zones, MUA-10 and RR-10 contain Goal 5 resources and are being reviewed as part of this ESEE analysis. Table 2: Zones Containing Goal 5 Resources • DCC Chapter 18.32, Multiple Use Agricultural Zone • DCC Chapter 18.60, Rural Residential Zone 8 OAR 660-023-0250(3)(b) DCC Chapter 19.12, Urban Area Reserve Zone DCC Chapter 19.20, Suburban Low Density Residential Zone DCC Chapter 19.22, Westside Transect Zone 247-22-000671-TA Page 16 of 43 ESEEs are meant to be analytical tools. Thia 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 (E!S) under the National Environmental Policy Act (NEPA), Additionally, Goal 5 explains "the ESEE analysis need not be lengthy or complex, but should enable reviewers to gain a clear understanding of the conflicts and the consequences to be expected." 9 In utilizing this analytical tool, there are a few steps jurisdictions must include and address in accordance with OAR 660-023 - Procedures and Requirements for Complying with Goal 5: 1. Identify Conflicting Uses - Does the land use or activity negatively impact natural resources? 2. Determine Impact Area - What is the geographic extent to which land uses or activities adjacent to natural resources could negatively impact those resources? 3. Analyze ESEE Consequences - What are the positive and negative consequences (both for development and natural resources) of a decision to fully protect natural resources, fully allow conflicting uses, or limit conflicting uses? 4. Develop a program - How and to what extent will the natural resources be protected based on the ESEE analysis? A response to each of these steps is included throughout this report. The relevant page and chapter can be found in the table of contents. 9 OAR 660-023-0040(1) 247-22-000671-TA Page 17 of 43 Chapter 2: Deschutes County Goal 5 Inventory and Methodology 660-23-0030 - Inventory Goal S 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.90 Ordinance 92-041 stated the following additional Goal 5 resources depend on riparian corridors for habitat: furbearer, waterfowl, and upland game bird habitat. As the extent of the habitat locations for these species are not detailed in a boundary description or on a map, staff assumes the species habitat is found entirely inside the Riparian Area boundary shown in Attachment 2. Wildlife Area Combining Zone: The WA Combining Zone was adopted as a protection measure for antelope, deer, and elk in Deschutes County. As an overlay zone, the mapped area conservatively identified typical habitat and migration areas and provided additional development requirements to ensure impacts to wildlife are properly mitigated alongside the underlying base zone regulations. The zone encompasses the previously inventoried area for Antelope Range, Deer Migration 10 There are 386 RR-10 tax lots, two acres or greater that abut the Little Deschutes River or Deschutes River and 505 tax lots that are split -zoned RR-10 or MUM with the Flood Plain Zone. The Flood Plain Zone is not recognized as a rural residential exception area. RR-10 and MUA-10 split zoned properties will be required to contain the minimum lot or parcel area to qualify for an ADU. 247-22-000671-TA Page 18 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 19 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 Agricultural uses Personal use airstrip Single family dwelling or Golf course manufactured home Type 2 or 3 Home occupation Harvesting a forest product Destination resorts Class I and II road or street projects Planned developments subject to land division standards Cluster developments MUA-10 Class III road or street project Landfills 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 20 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 21 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 22 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 likelyto be affected bythe proposed amendments. The impact area forthis 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 12 Z....., nnnr 11Ainrarinn ncnr Winrcr Fllr 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 23 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 24 of 43 This step is discretionary. The purpose of an ESEE analysis is to provide a qualitative exercise for local governments to weigh the positive and negative consequences of three scenarios in order to determine a preferred outcome. Governments may choose to use quantitative data as necessary, but are not required to gather new information or hire wildlife biologists, economists, sociologists, or energy consultants. ESEE Scenario Descriptions Scenario (A) - Allow the Conflicting Use In this scenario, the local government may decide that a conflicting use should be allowed fully, without any restrictions, no matter the potential impacts on the inventory site(s). In this instance, the Goal 5 rule would require the government to determine the conflicting use is of such importance compared to the site that the use should be allowed without any protections or limitations. In choosing this scenario, the local government could still use other tools to protect the inventories that are currently in place. Scenario (B) - Prohibit the Conflicting Use In this scenario, the local government may decide that the inventory site is of such importance or the conflicting use has the potential to be so detrimental to the inventory site(s), that the conflicting use should be entirely prohibited. Scenario (C) - Limit the Conflicting Use In this scenario, the local government may decide that the inventory site and the conflicting use are l_ _il_ .,.} ...6..,... ...-! �.� . h ..�4...Y .,.J fhn chn �Irl hn-�Iln�ninrJ -lith Iimitntinne to ► othi III Ipor tan t w ICI I col l Ipar red to ea cl I of ICI, al Ill t1 e use JI1ou ld be ally Vved vV la I III l nLuuvi lJ tv 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 MUM 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 25 of 43 and species that rely on the riparian area for habitat inciuding fish, furbearers, upland game birds, and waterfowl. Allowing for AF)Us dear 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 o express concerns I Is regarding the loss of fish and VV IId I IfC I Ia1JJ i tat due tv tl Ic r cgivI I _c 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 26 of 43 As previously stated, the following Goal 5 ;protections established during the rreation 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 iviammal r-rabit.at crave site specific requiremeits 111UUunrr, 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 or an upgraded 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 27 of 43 Scenario (8) Prohibit the Con i,:tin-a Use in this scenario, Deschutes County would not allow ADUs in the MUA-10 and RR10 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 testimonyfrom 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 leadto 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 28 of 43 Scengrio Q Limit tine Con tictEng_.Ur In this scenario, Deschutes County would allow AD'Us in the I iiUA-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 JA Page 29 of 43 negative consequences due to increased hus-nan ;presence and infl astructure near or within the inventoried Goal 5 resources, which could lead to a reduced level of access and enjoyment for recreationalists. Environmental Consequences: ADUs could present negative consequences as they have the potential to increase activity, noise, and light near fish and wildlife habitats, and in turn cause distress to inventoried Deer Migration Corridor, Deer Winter Range, and Significant Elk Habitat. Development of an ADU would likely require removal of upland vegetation, grading, and soil compaction that could alter drainage and runoff patterns. This could increase peak runoff, cause bank erosion, flooding, or increase the flow of sediment into water bodies. The removal of upland vegetation could also reduce tree canopy and understory vegetation which could be utilized by fish and wildlife species, outside of their primary habitat. Permitting ADUs could result in further negative impacts to the Deer Migration Corridor, Deer Winter Range, and Significant Elk Habitat. Based on recent testimony from ODFW, mule deer populations have declined up to 70% since 2000. Their testimony identified other elements contributing to reductions in mule deer populations tied to human caused habitat reduction, fragmentation, and disturbance on winter range. Existing protections in place today (discussed above) would prevent Goal 5 riparian areas from being developed when ADUs are nearby. The establishment of ADUs in these areas would likely be neutral. n., i:.,...,:+:,^„� +L. ,. +i�... Afll I .i+hir. 'I !1!1 fn of nF 4L-.n r-+ir„r rl,n nllir� fH.n -nt i�in nr��iirn r�mnr�t,l 6�/ 1111II111I� U IC el Illl C /wv with i a i vv icc� vi a is exixn 16 uvvcnn ig, a is negauvc ci lull vi ii i ici i�ai 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 30 of 43 Chapter 6: ESEE Decision 660-023-0040(5): Develop a program to achieve Goal S. Localgovernments 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 31 of 43 Chapter 7: Program to Achieve Goal S 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 non discretionary 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 32 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 removal of riparian program to achieve the goal to vegetation, fill and conserve fish habitat (Ordinance 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, an and lakes) 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 88-0, 88-0, 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 33 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, USFS 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 ,_,__._ ,__ _ 1O dcnieve the goaI w cuiiSerVe 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 92-04092-041 , ' 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 34 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. 888 030, 48-031, 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 gg_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 35 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 of 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, habitat. 040, 92-041, 92- game birds is woodlots, and riparian 042, 92-046 dispersed - vegetation are Note: conflicts with sage grouse are throughout he constantly being 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 Zonepertaining to sage areas) grouse and leks have been Chapter 6 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-TA Page 36 of 43 Inventoried Flood Plain Relevant Resource Relationship Conflicts Comments Ordinances Furbearer habitat is adequately i 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 No. 9page destroy habitat, or achieve the goal to protect Ordinance Nos, 65; ODFW FW has not disturb the animals furbearers. 86-018, 86- identified any Yes causing them to 053,86-054, 86- specific habitat sites relocate. The farm and forest zones require 056, 88-030, 88- other than riparian large minimum lot sizes and many 031, 89-009, 92- and wetland areas Conflicts between uses are permitted only as 040, 92-041 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 No. 92-041- page No surface mining, Sensitive Bird and Mammal Ordinance No. 69; identified by recreation facilities Combining Zone 92-041 and 042 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 37 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. areas would reduce 86-0 , 88-0, No. 92-041—page Yes the habitat and the Others include: fill and removal 88-031, 89-009, use of the structure permits, wetland removal 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 38 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 inventory and ESEE contained in 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 he createfl mith 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 100' setback from OHW, Floodplain river or stream and r residential lots or zone (regulates docks too), inventoried as a ran adjacent to ripari 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-TA Page 39 of 43 Inventoried Resource Flood Plain Relationship Conflicts Comments Relevant Ordinances Conflicting uses include fi!I 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 ory is NWI inventoryis B — invent development . Fill and removal (Ord. No. purposes destroys the regulations to protect hydrological function wetlands of the wetland and • 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 JA Page 40 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 uses, zoning, Floodplain zoning, 86-018, 86-054, Oregon Natural Yes livestock grazing, and conservation easements, and fill 86-056, 88-030,'_ Heritage Program); 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 of portions of Yes river or stream regulations, hydro prohibitions, 86-0 54, 86-0, Deschutes River, corridors which would rimrock setbacks, conservation 88-0 , 88-031, 30, Little Deschutes excessively interfere easements, restrictions on boats 89-009, 92 033, River, Paulina with the scenic or and docks, and landscape 93 034 Creek, Fall River, 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 41 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 , Exhibit No. ge a decrease in the Title 18.48, Open Space Ordinance No. 10;,incl C, Page 10; includes No aesthetic and scenic Conservation Zone and a 100' 91-020 Upper resources, and land setback for any structure from ir; 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 includes: es: Waterways and See County / City of Floodplain zone and restrictionsfill , Ordinance Nos. Federal Wild and Bend River Study and and removal permits, wetland 86-018, 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 89-009, 92-033, E, Page 1; 005, Exhibit E. conservation easements, 93 034 restrictions on boats and docks, 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 42 of 43 Attachment 2 - Inventory Site Maps 247-22-000671-TA Page 43 of 43 Exception Area Taxiots Meeting ADU Criteria - Elk Range 4 mi. w Legend Wildlife Area - Elk Range Exception Area Taxiots Meeting Criteria Flood Plain Wetland November 4, 2022 REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Ordinance Amending Deschutes County Code Title 18, Zoning Ordinance, Title 19, Bend Urban Area Zoning Ordinance, and Title 22, Procedures * ORDINANCE NO. 2023-014 Ordinance, to Adopt Provisions for Rural Accessory Dwelling Units. WHEREAS, the Board of County Commissioners directed Deschutes County Community Development Department staff to initiate amendments (Planning Division File No. 247-22-000671-TA) to Deschutes County Code ("DCC"), Chapter 18.32 — Multiple Use Agricultural Zone, Chapter 18.60 — Rural Residential Zone, Chapter 18.116 — Supplementary Provisions, Chapter 18.132 — Variances, Chapter 19.12 — Urban Area Reserve Zone, Chapter 19.20 — Suburban Low Density Residential Zone, Chapter 19.22 — Westside Transect Zone, Chapter 19.76 — Site Plan Review, Chapter 19.92 — Interpretations and Exceptions, Chapter 19.108 — Variances, Chapter 22.04 _1 T_C__'a'____ .__t — introductions and Definitions; aiiu WHEREAS, the Deschutes County Planning Commission reviewed the proposed changes on September 22, 2022 and forwarded to the Deschutes County Board of County Commissioners ("Board") a 4-2 recommendation of approval; and WHEREAS, the Deschutes County Planning Commission reviewed new edits to the proposed changes on and July 13, 2023, and forwarded to the Deschutes County Board of County Commissioners ("Board") a 5-0 recommendation of approval; and WHEREAS, the Board considered this matter after a duly noticed public hearing on July 26, 2023 and concluded that the public will benefit from the proposed changes to the Deschutes County Code Titles 18, 19, and 22; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as follows: Section 1. AMENDMENT. Deschutes County Code Chapter 18.32, Multiple Use Agricultural Zone, 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 strike Section 2. AMENDMENT. Deschutes County Code Chapter 18.60, Rural Residential Zone, is amended to read as described in Exhibit "B", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strik�„�ough. PAGE 1 OF 3 - ORDINANCE NO.2023-014 Section 3. AMENDMENT. Deschutes County Code Chapter 18.116, Supplementary Provisions, is amended to read as described in Exhibit "C", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in str-ik�. Section 4. AMENDMENT. Deschutes County Code Chapter 18.132, Variances, is amended to read as described in Exhibit "D", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in stfikethfough. Section 5. AMENDMENT. Deschutes County Code Chapter 19.12, Urban Area Reserve Zone, is amended to read as described in Exhibit "E", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in st -ik gh . Section 6. AMENDMENT. Deschutes County Code Chapter 19.20, Suburban Low Density Residential Zone, is amended to read as described in Exhibit "F", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strike. Section 7. AMENDMENT. Deschutes County Code Chapter 19.22, Westside Transect Zone, is amended to read as described in Exhibit "G", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strikethrough. Section 8. AMENDMENT. Deschutes County Code Chapter 19.76, Site Plan Review, is amended to read as described in Exhibit "H", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in str4'�. Section 9. AMENDMENT. Deschutes County Code Chapter 19.92, Interpretations and Exceptions, is amended to read as described in Exhibit "I", attached hereto and by this reference incorporated herein, with new language underlined Yu1U 1d11r UdrU LV VV UGIVLGU ut �. Section 10. AMENDMENT. Deschutes County Code Chapter 19.108, Variances, is amended to read as described in Exhibit "J", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strik�crnccthr-vcrgh. Section 11. AMENDMENT. Deschutes County Code Chapter 22.04, Introductions and Definitions, is amended to read as described in Exhibit "K", attached hereto and by this reference incorporated herein, with new language underlined and language to be deleted in strike . Section 12. FINDINGS. The Board adopts as its findings Exhibit "L", attached and incorporated by reference herein. PAGE 2 OF 3 - ORDINANCE NO.2023-014 Dated this of 2023 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: Recording Secretary Date of 1" Reading: Date of 2" d Reading: Commissioner Anthony DeBone Patti Adair Philip Chanjz Effective date: ANTHONY DEBONE, Chair PATTI ADAIR, Vice Chair PHILIP CHANG day of , 2023. day of , 2023. Record of Adoption Vote: Yes No Abstained Excused day of , 2023. PAGE 3 OF 3 - ORDINANCE NO.2023-014 Exhibit A CHAPTER 18.32 MULTIPLE USE AGRICULTURAL ZONE; MUA 18.32.020 Uses Permitted Outright 18.32.020 Uses Permitted Outright The following uses and their accessory uses are permitted outright: A. Agricultural uses as defined in DCC Title 18. B. A single family dwelling, or a manufactured home subject to DCC 18.116.070. C. Propagation or harvesting of a forest product. D. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards and criteria established by DCC 18.116.230. E. Class III road or street project. F. Noncommercial horse stables, excluding horse events. G. Horse events, including associated structures, involving: 1. Fewer than 10 riders; 2. Ten to 25 riders, no more than two times per month on nonconsecutive days; or 3. More than 25 riders, no more than two times per year on nonconsecutive days. Incidental musical programs are not included in this definition. Overnight stays by participants, trainers or spectators in RVs on the premises is not an incident of such horse events. H. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. I. Type 1 Home Occupation, subject to DCC 18.116.280. J. Historic Home 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 +; J%%j993 Amended by Ord. 93-043 §4 on 812511993 Amended by Ord. 94-008 §10 on 61811.994 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. 2023-014 §1 on 111112023 Exhibit P 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. V. I Vonco11IttICtdo horse stau CJ QJ UCI Ii1CU 111 U%.,%.DrC I ILICTitle L01 eAI.l UU 11 IS IIUI JC CVeiIIJ. 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 Home 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 o;r 312511993 Amended by Ord. 94-008 §12 on 61811.994 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 by Ord. 2023-014 §2 on 111112023 Eyhibii C CHAPTER 18.116 SUPPLEMENTARY PROVISIONS 18.116.350 Historic Home Accessory Dwelling Units In The RR-10 And MUA Zones 18.116.355 Residential Accessory Dwelling Units In The RR-10 And MUA Zones 18.116.350 Historic Home Accessory Dwelling Units In The RR-10 And MUA Zones A. As used in this section: 1. "Historic A eGessery-accessory dwelling unit" 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 single- family dwelling on the property, and located on the same lot as the single-family dwelling. 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. An owner of a lot or parcel within an area zoned for rural residential use (RR_10 and MUA r&&Zones) may construct a new single-family dwelling or place a manufactured home on the lot or parcel, provided: 1. The lot or parcel is not located in an area designated as an urban reserve as defined in ORS 195.137; 2. The lot or parcel is at least two acres in size; 3. A historic home is sited on the lot or parcel; 4. The owner converts the historic home to atf historic accessory dwelling unit upon completion of the new single-family dwelling or placement of a manufactured home; and 5. The historic accessory dwelling unit maybe required to comply with all applicable laws and regulations relating to sanitation and wastewater disposal and treatment. C. The construction of a+4 historic 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 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 historic accessory dwelling unit. 2. Alter, renovate or remodel the historic accessory dwelling unit so that the square footage of the historic 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 historic 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 anv 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 manufactured home placed under this section may be required to be served by the same water supply source as the historic accessory dwelling unit. F. Owner occupancy of either the historic accessory dwelling unit or the new single-family dwelling is not required. However, the historic accessory dwelling unit and the new single-family dwelling placed under this section and the aGGe« r„ dwel!;Rg u it 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. 2023-014 §3 on 111112023 18.116.355 Residential Accessory Dwelling Units In The RR-10 And MUA Zones A. As used in this section: 1. "Accessory dwelling unit" 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 single-family dwelling on the property, and located on the same lot as the single-family dwelling. 2. "Accessory dwelling unit structure" means all areas of an accessory dwelling unit inclusive of garages, carports, decks, and porch covers. 3. "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. 4. "Safe evacuation plan" means an identifiable route on a rights) -of -way and any onsite driveways from the accessory dwelling unit to a staged evacuation area. 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. 6. "Staged evacuation area" means a public or private location that occupants of the accessory dwelling unit may evacuate to reorganize. 7. "Useable floor area" means all areas of an accessory dwelling unit included within the surrounding exterior walls, exclusive of garages, carports, decks, and porch covers. 8. "Vacation occupancy" means occupancy in a dwelling unit, not including transient occupancy in a hotel or motel, that has all of the following characteristics: A The nccunant rents the unit for vacation nurooses onlv. not as a orincioal residence: and b. The occupant has a principal residence other than at the unit; and c. The period of authorized occupancy does not exceed 45 days. B. One accessory dwelling unit is permitted outright on a lot or parcel zoned RR-10 or MUA-10, provided all of the following standards are met: 1. One single-family dwelling is sited on the lot or parcel: a. As used in this section, "sited" means established onsite or applied for prior to issuance of any building or land use permits for an accessory dwelling unit. b. An existing single-family dwelling meeting all other criteria in this section may be converted to an accessory dwelling unit during construction of a new primary single- family dwelling. 2. There is no guest house, temporary residence as identified in DCC 18.116.090, or additional dwelling units except the primary single-family dwelling established on the sublect property. a An existing lawfully established guest house, temporary residence as identified in DCC 18.116.090 or an additional dwelling unit meeting all other criteria in this section may be converted to an accessory dwelling unit. 3. The lot or parcel is not located within an Urban Reserve Area, consistent with ORS 195.137. 4 No portion of the lot or parcel is within the Metolius Area of Critical State Concern, as defined in ORS 197.416. 5 The lot area is at least two acres in size, with the exception of those unsewered areas between Sunriver and the Klamath County border, defined as those unincorporated portions of Deschutes County contained in Townships 19S, 205, 21S, and 22S and Ranges 9E 10E and 11E. Within these exception areas, the lot area is at least five acres in size. 6 The accessory dwelling unit structure will have a minimum setback of 100 feet from adiacent properties zoned F-1, F-2, or EFU and meet any other minimum setback requirements of the underlying zone and combining zones. 7 The accessory dwelling unit will not include more than 900 square feet of useable floor area. 8. The accessory dwelling unit will be located no farther than 100 feet from the existing single-family dwelling measured from a wall of the existing single-family dwelling to the nearest part of the useable floor area of the acr.essory dwelling unit. a. An existing structure converted to an accessory dwelling unit must be located no farther than 100 feet from the existing single-family dwelling, measured from the existing single-family dwelling to the nearest part of the accessory dwelling unit structure. For the purposes of this section, "existing" means the structure was lawfully established on or before November 1, 2023. 9 Prior to application the accessory dwelling unit receives approval from a sewer authority or the Deschutes County Onsite Wastewater Division for onsite wastewater disposal and treatment. 10. 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. 11. The accessory dwelling unit provides for all of the following: a Adequate access connecting an accessory dwelling unit with afire 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 11(a)i and 11(a)(ii), or section 11(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 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 12-foot width onsite driveway with an unobstructed horizontal clearance of not less than 20 feet and 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. For private properties utilized as staged evacuation areas, 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. 12. 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 to the accessory dwelling unit structure: i. For areas designated as high wildfire hazard that are identified pursuant to ORS 477.490: 1. The Wildfire Hazard Mitigation building code standards as described in section R327 of the Oregon Residential Specialty Code. b. If the Statewide Wildfire Hazard Map described in ORS 477.490 has not been approved the following requirements shall apply to the accessory dwelling unit structure: i. The Wildfire Hazard Mitigation building code standards as described in section R327 of the Oregon Residential Specialty Code. 13. 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: L 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 13(b)(i) or 13(b)(ii) requirements shall apply: i. Prior to issuance of building permits, the property owner(s) shall construct and maintain the following firebreaks on land surrounding the accessory dwelling unit that is owned or controlled by the owner: 1. Primary Firebreak. 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; 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. i-.ii. Prior to issuance of building permits, the property owner(s) shall construct and maintain defensible space and fuel breaks as developed in consultation with local fire protection service providers who have received training or certification described in ORS 181A.410. Applicable defensible space and fuel breaks shall be on land surrounding the accessory dwelling unit on land that is owned or controlled by the owner. 14. 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. 15. 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 dwelling unit, guest house, or any other temporary residence as identified in DCC 18.116.090. 16. 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. 17. At the time of application, 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. 18. An existing single-family dwelling and an accessory dwelling unit allowed under this section are considered a single unit for the purposes of calculating ground water right exemptions under ORS 537.545(1). 19. 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. 20. Prior to issuance of building permits, the applicant shall sign and record with the County Clerk, a restrictive covenant stating an accessory dwelling unit allowed under this section and the primary single-family dwelling cannot be used for vacation occupancy, as defined in DCC 18.116.355(A)(8) and consistent with ORS 90.100. HISTORY Adopted by Ord. 2023-014 §3 on 111112023 Exhibit D CHAPTER 18.132 VARIANCES 18.132.020 Authority Of Hearings Body 18.132.025 Minor Variances 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. 2023-014 §4 on 111112023 18.132.025 Minor Variances A variance seeking to depart from on -site requirements of DCC Title 1.8, 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. 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. 5. As used in this sub -section, "long-standing" means in excess of ten (10) years. D. Statutory Provisions. 1. Notwithstanding the provisions of this section, a variance may not be granted which amends any standards mandated by the Oregon Revised Statues (ORS) or Oregon Administrative Rules (OAR). HISTORY Adopted by Ord. 91-038 §3 on 913011991 Amended by Ord. 2004-013 §15 on 912112004 Amended by Ord. 2010-003 §1 on 71612010 Amended by Ord. 2023-014 §4 on 111112023 Exhibit E 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 Home Accessory Dwelling Units, subject to DCC 19.92.150. _:J_._i:_1 n__..,......... n....,n:__ 11—:a ,...L.:.._.+ _ Mrf- an n� �cn H. RCJIUCIIUdI HIICJJVI y VVVCIIIIIK VIIIIJ, JUVICI l lV 17. 7c.t VV 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. 2023-014 §5 on 111112023 Exhibit F 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 Home 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 Repealed & 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. 2023-014 §6 on 11/1/2023 E ilibit G CHAPTER 19.22 WESTSIDE TRANSECT ZONE; WTZ 19.22.020 Permitted Uses 19.22.020 Permitted Uses The following uses and their accessory uses are permitted outright: A. Single-family dwelling. B. Home occupation subject to DCC 19.88.140. C_Other accessory uses and accessory buildings and structures customarily appurtenant to a permitted use subject to DCC 19.92.020. D. Residential Accessory Dwelling Units, subject to DCC 19.92.160. HISTORY Adopted by Ord. 2019-001 §8 on 411612019 Amended by Ord. 2023-014 §7 on 111112023 Exhibit H CHAPTER 19.76 SITE PLAN REVIEW 19.76.070 Site Plan Criteria 19.76.020 Site Plan Requirements In all zones, except for a single-family, duplex or triplex unit, or an accessory dwelling unit, on one lot, all new uses, buildings, outdoor storage or sales areas and parking lots or alterations thereof shall be subject to the provisions of DCC 19.76.020. Site plan approval shall not be required where a proposed alteration of an existing building does not exceed 25 percent of the size of the original structure unless the Planning Director finds the original structure or proposed alteration does not meet the requirements of DCC Title 19 or other ordinances of the County. HISTORY Adopted by Ord. PL-11 on 711111979 Repealed & Reenacted by Ord. 90-038 §1 on 101311990 Amended by Ord. 2023-014 §8 on 111112023 Exhibit I CHAPTER 19.92 INTERPRETATIONS AND EXCEPTIONS 19.92.150 Historic Home Accessory Dwelling Units In The UAR-10 And SR-2 1/2 Zones 19.92.160 Residential Accessory Dwelling Units In The UAR-10, SR-2 %, And WTZ Zones 19.92.150 Historic Home Accessory Dwelling Units In The UAR-10 And SR-2 1/2 Zones A. As used in this section: 1. "Historic AeeesseFy accessory dwelling unit" 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 single- family dwelling on the property, and located on the same lot as the single-family dwelling. 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. S. "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 -ze�esZones) 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 a44 historic -accessory dwelling unit upon completion of the new single-family dwelling; and 5. The historic accessory dwelling unit maybe required to comply with all applicable laws and regulations relating to sanitation and wastewater disposal and treatment. C. The construction of aff historic 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 historic accessory dwelling unit. 2. Alter, renovate or remodel the historic accessory dwelling unit so that the square footage of the historic 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. Rebuild the historic 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 historic accessory dwelling unit. F. Owner occupancy of either the historic accessory dwelling unit or the new single-family dwelling is not required. However, the historic accessory dwelling unit and the new single-family dwelling placed under this section the Rew single family d welliRg and the arzeesseFy dwelliRg WRit may not be used simultaneously for short-term rentals of thirty (30) consecutive days or less. HISTORY Adopted by Ord. 2019-009 §6 on 91312019 Recorded by Ord. 2019-009 §6 on 91312019 Amended by Ord. 2023-014 §9 on 111112023 19.92.160 Residential Accessory Dwelling Units In The LIAR-10, SR-2 %:, And VVTZ Zones A. As used in this section: 1. "Accessory dwelling unit" 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 single-family dwelling on the property, and located on the same lot as the single-family dwelling. 2. "Accessory dwelling unit structure" means all areas of an accessory dwelling unit inclusive of garages, carports, decks, and porch covers. 3 "Rural residential use" means a lot or parcel located in the UAR-10, SR-2 %, or WTZ Zones consistent with the definition in ORS 215.501. 4 "Safe evacuation plan" means an identifiable route on a right(s)-of-waV and any onsite driveways from the accessory dwelling unit to a staged evacuation area. 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. 6 "Staged evacuation area" means a public or private location that occupants of the accessory dwelling unit may evacuate to reorganize. 7 "Useable floor area" means all areas of an accessory dwelling unit included within the surrounding exterior walls exclusive of garages, carports, decks, and porch covers. 8 "Vacation occupancy" means occupancy in a dwelling unit, not including transient occupancy in a hotel or motel that has all of the following characteristics: a The occupant rents the unit for vacation purposes only, not as a principal residence; and b. The occupant has a principal residence other than at the unit; and c. The period of authorized occupancy does not exceed 45 days. u One accessory dwelling unit is permitted outright on a lot nr narral 7nnarl I IAR-10 CR-2 1/ nr WTZ provided all of the following standards are met: 1. One single-family dwelling is sited on the lot or parcel: a. As used in this section "sited" means established onsite or applied for prior to issuance of any building or land use permits for an accessory dwelling unit. b An existing single-family dwelling meeting all other criteria in this section may be converted to an accessory dwelling unit during construction of a new primary single- family dwelling. 2. There is no guest house temporary residence as identified in DCC 19.88.090, or additional dwelling units except the primary single-family dwelling established on the subiect property a An existing lawfully established guest house, temporary residence as identified in DCC 19.88.090 or an additional dwelling unit meeting all other criteria in this section may be converted to an accessory dwelling unit. 3 The lot or parcel is not located within an Urban Reserve Area, consistent with ORS 195.137. 4 No portion of the lot or parcel is within the Metolius Area of Critical State Concern, as defined in ORS 197.416. 5. The lot area is at least two acres in size with the exception of those unsewered areas between Sunriver and the Klamath County border, defined as those unincorporated portions of Deschutes County contained in Townships 19S, 20S, 21S, and 22S and Ranges 9E 10E and 11E. Within these exception areas, the lot area is at least five acres in size. 6. The accessory dwelling unit structure will have a minimum setback of 100 feet from adiacent properties zoned F-1, F-2, or EFU and meet any other minimum setback requirements of the underlying zone and combining zones. 7. The accessory dwelling unit will not include more than 900 square feet of useable floor area. 8. The accessory dwelling unit will be located no farther than 100 feet from the existing single-family dwelling, measured from a wall of the existing single-family dwelling to the nearest part of the useable floor area of the accessory dwelling unit. a. An existing structure converted to an accessory dwelling unit must be located no farther than 100 feet from the existing single-family dwelling, measured from the existing single-family dwelling to the nearest part of the accessory dwelling unit structure. For the purposes of this section, "existing" means the structure was lawfully established on or before November 1, 2023. 9. Prior to application, the accessory dwelling unit receives approval from a sewer authority or the Deschutes County Onsite Wastewater Division for onsite wastewater disposal and treatment. 10. 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. 11. 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 11(a)i and 11(a)(ii), or section 11(a)(iii): i. A continuous, minimum 20-foot width rights) -of -way with an unobstructed vertical clearance of not less than 13.5 feet. For the purposes of this section, right(s)-of-way are defined as: 1. Public roads with maintenance responsibility accepted by a unit of local or state government or assigned to landowners or homeowners association by covenant or agreement; or 2. Private roads, as permitted by DCC Title 19, with maintenance responsibility assigned to landowners or homeowners associations by covenant or agreement pursuant to ORS 105; and ii. A continuous, minimum 12-foot width onsite driveway with an unobstructed horizontal clearance of not less than 20 feet and 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 afire 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. For private properties utilized as staged evacuation areas, 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. 12. 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 to the accessory dwelling unit structure: i. For areas designated as high wildfire hazard that are identified pursuant to ORS 477.490: 1. The Wildfire Hazard Mitigation building code standards as described in section R327 of the Oregon Residential Specialty Code. b. If the Statewide Wildfire Hazard Map described in ORS 477.490 has not been approved, the following requirements shall apply to the accessory dwelling unit structure: i. The Wildfire Hazard Mitigation building code standards as described in section R327 of the Oregon Residential Specialty Code. 13. 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 13(b)(i) or 13(b)(ii) requirements shall apply: i. Prior to issuance of building permits, 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. 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; 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. Prior to issuance of building permits, the property owner(s) shall construct and maintain defensible space and fuel breaks as developed in consultation with local fire protection service providers who have received training or certification described in ORS 181A.410. Applicable defensible space and fuel breaks shall be on land surrounding the accessory dwelling unit that is owned or controlled by the owner. 14. The existing single-family dwelling property on the lot or parcel is not subject to an order declaring it a nuisance or subject to any pending action under ORS 105.550 to 105.600. 15. 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 dwelling unit, guest house, or any other temporary residence as identified in DCC 19.88.090. 16. 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. 17. At the time of application, 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. 18. An existing single-family dwelling and an accessory dwelling unit allowed under this section are considered a single unit for the purposes of calculating ground water right exemptions under ORS 537.545(1). 19. 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. 20. Prior to issuance of building permits, the applicant shall sign and record with the County Clerk a restrictive covenant stating an accessory dwelling unit allowed under this section and the primary single-family dwelling cannot be used for vacation occupancy, as defined in DCC 19.92.160(A)(8) and consistent with ORS 90.100. HISTORY Adopted by Ord. 2023-014 §9 on 111112023 Exhibit J CHAPTER 19.108 VARIANCES 19.108.020 Criteria 19.108.020 Criteria No variance shall be granted pursuant to the provisions of DCC 19.108.010 unless the applicant can establish: A. That special conditions exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, buildings or structures in the same zone; and B. That strict interpretation of the provisions of DCC Title 19 would deprive the applicant of rights commonly enjoyed by other properties in the same zone under the terms of DCC Title 19; and C. That the special conditions and circumstances do not result from the actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience; and D_That granting the variance will be in harmony with the objectives of DCC Title 19 and not injurious to the neighborhood or otherwise detrimental to the public welfare. P-.E.Notwithstanding the provisions of this section, a variance may not be granted which amends any ctnnrlarric mnnrlatarl by the Oregon Reviser) .Statues (ORS) or Oregnn Administrative Rules (OARI. HISTORY Adopted by Ord. PL-11 on 711111979 Repealed & Reenacted by Ord. 90-038 §1 on 101311990 Amended by Ord. 2023-014 §10 on 111112023 Exhibit K 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 of land in the Exclusive Farm Use Zones (DCC Chapter 18.16), Forest Use Zone — F1 (DCC Chapter 18.36), or Forest Use Zone — F2 (DCC Chapter 18.40); b. Any permit for a lot or parcel that includes wetlands as shown on the Statewide Wetlands Inventory; c. Any permit for a lot or parcel subject to wildlife habitat special assessment; d. In all zones, a land use permit relocating property lines that reduces in size a lot or parcel; e_In all zones, a land use, structural, or non -emergency on -site sewage disposal system permit if the lot or parcel is smaller than the minimum area required in the applicable zone; f. In all zones, a permit for a Historic Home Accessory Dwelling Unit as defined in DCC 18.116.350 or 19.92.150; e-.g. In all zones, a permit for a Residential Accessory Dwelling Unit as defined in DCC 18.116.355 or 19.92.160. Exceptions. Verification shall not be required if one of the following exceptions apply: a. The lot or parcel was created by a subdivision plat, partition plat, condominium plat, or town plat so long as the plat was recorded and approved by the County, another political subdivision of the State of Oregon, or the State of Oregon; b. The lot or parcel was previously va!idated by the County and an applicable partition plat was subsequently recorded within 365 days as required by ORS 92.176(5); c. The lot or parcel was previously determined to be a lot of record in a formal decision issued by the County or a finding in a land use action prior to November 1, 2017; d. The lot or parcel was previously verified pursuant to subsection (C) and a finding was issued to that effect in a land use action or declaratory ruling; or e. For permits listed in subsection (13)(1)(e) only, the lot or parcel previously received a land use or building permit prior to November 1, 2017, a structural permit after November 1, 2017, or a non -emergency on -site sewage disposal permit. f. Notwithstanding DCC 22.04.040(B)(2)(b), if a unit of land has been validated by a city or county under ORS 92.176 before January 1, 2022, such unit of land becomes a lawfully established parcel, provided that the owner of the unit of land caused a partition plat to be recorded on or before December 31, 2022. 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 (13)(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. 2023-014 §11 on 111112023 UJ E S C 0G� Exhibit L COMMUNITY DEVELOPMENT STAFF REPORT FILE NUMBER: 247-22-000671-TA APPLICANT: Deschutes County Community Development 117 NW Lafayette Avenue Bend, Oregon 97703 PROPERTY OWNER: N/A REQUEST: Pursuant to Senate Bills (SB) 391 and 644, Text Amendments to allow an owner of a lot or parcel within a rural residential exception area to construct one accessory dwelling unit (ADU) subject to certain restrictions and limitations. STAFF CONTACT: Kyle Collins, Associate Planner 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/liz/202lRl /Downloads/MeasureDocument/SB391 117 NW Lafayette Avenue, Bend, Oregon 97703 1 P.O. Box 6005, Bend, OR 97708-6005 `,(541)388-6575 @cdd@deschutes.org ®www.deschutes.org/cd from the state's resource land (farrn 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 VVIIUI II C natal l.1 IVId'.1) fro UI I I U IC dUVI.JlIu11 VI aI ly IVl.al I UICJ aI1VVVII Ig I oral /'1LJVs. VUI 111g al ly II IICI 1111 period where a local jurisdiction has adopted rules allowing ADUs and prior to the release of the final map, any constructed ADUs will be subject to the home hardening building codes as described in section R327 of the Oregon Residential Specialty Code. C. Deschutes County Rural ADU Ordinance In addition to only applying to lands recognized as rural residential exception areas, SB 391 also contains minimum criteria that must be met for a lot or parcel to qualify for an ADU. Many of those criteria are general in nature and therefore require counties to provide their own interpretations or definitions. At the same time, SB 391 contains several provisions related to wildfire hazard mitigation, which relied on and referred to actions at the state level as directed by the passage of SB 762, a comprehensive wildfire hazard mitigation bill.' While wildfire requirements were being created at the state level, staff worked with the Board of County Commissioners to "translate" the language of SB 391 into the. local code presented in these amendments. 2 House Bill 3012 (2017). 3 https•//olis oregonlegislature.gov/liz/2023Rl/Downloads/MeasureDocument/SB644/Enrolled 4 https://olis.oregonlegislature.gov/liz/2021 R1/Downloads/MeasureDocument/SB762/Enrolled 5 SB 1533 (2022) corrected broken links in SB 762 related to wildfire mapping. 247-22-000671 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 parcel is not located within an area designated as DCC18.116.355(B)(2) and DCC Urban Reserve Area an urban reserve as defined in ORS 195.137. In 19.92.160(B)(2)are consistent with Deschutes County, the Redmond Urban Reserve SB 391/SB 644. Area is the only urban reserve that meets this 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. ORS 215.501(1)(b), "Area zoned for rural Pursuant to DLCD, Acknowledged residential use" means land that is not located nonresource plan amendments Nonresource Lands inside an urban growth boundary as defined in -A -,-h-..-- - -P ow. al iu "'nIe LI Ia[ 16�' I � ORS 195.060 (Definitions) and that is subject to an Farm Use (EFU) to RR-10 or MUA- acknowledged exception to a statewide land use 10 are eligible for an ADU. 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 the lot or parcel is within a designated area of DCC 18.116.355(B)(4) and DCC Areas of Critical State critical state concern. Areas of critical state 19.92.160(B)(4) are consistent with Concern concern are generally defined in ORS 197.405 and SB 391/SB 644. apply to the Metolius Area of Critical State Concern in ORS 197.416. DCC 18.116.355(B)(5) and DCC 19.92.160(8)(5) are consistent with SB 391/SB 644. SB 644 Section 1(2)(b) requires the subject lot or DCC 18.116.355(B)(5) and DCC Minimum Lot Size parcel be at least two acres in size. 19.92.160(B)(5) also require a minimum lot or parcel to be at least 5 acres in size south of Sunriver due to groundwater protection. 247-22-000671-TA Page 3 of 43 Topic SB 391/SB 644 Requirements Comment DCC 18,116.355(B)(6) and DCC 19.92.160(B)(6) are consistent with SB 644 Section 1(2)(m)(A) requires that the ADU SB 391/644. Both require a Setbacks has adequate setbacks from adjacent lands minimum setback of 100 feet zoned for resource use. between the ADU and adjacent EFU and Forest Use zoned (F-1, F- 2) properties. DCC 18.116.355(B)(7) and DCC 19.92.160(B)(7) 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 18.116.355(B)(8) and DCC 19.92.160(B)(8) are consistent with SB 391/SB 644. Both require the ADU be located no farther than 100 feet from the `. existing single-family dwelling, SB 644 Section 1(2)(g) requires the ADU to be measured from a wall of the Distance from Dwelling located no farther than 100 feet from the single- single-family dwelling to the family dwelling.6 nearest part of the useable floor area of the ADU. An exception to ` this standard has been provided for pre-existing structures converted to ADUs by allowing measurements to be taken from non -useable floor area portions of the ADU. SB 644 Section 1(2)(e) requires the ADU to comply DCC 18.116.355(B)(9) and DCC Sanitation and with applicable sanitation and wastewater 19,92.160(B)(9) are consistent with Wastewater regulations. SB 391/SB 644. SB 644 Section 1(2)0) requires the lot or parcel be DCC 18.1 16.355(B)(1 0) and DCC Fire Protection District served by a fire protection service provider with 19.92.160(B)(10) are consistent Service professionals who have received training or with SB 391 /SB 644. certification described in ORS 181A.410. 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 JA Page 4 of 43 Topic SB 391/SB 644 Requirements Comment DCC 18.116.355(B)(11) and DCC 19.92.1 60(B)(1 1) 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 plans and staged evacuation areas. SB 644 Section 1(2)(k) requires that if the lot or DCC 18.116.355(B)(13) and DCC parcel is in an area identified on the statewide 19.92.160(B)(13) 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 Consistent with SB 644, the code Wildland Urban Interface parcel and accessory dwelling unit comply with sections identify alternatives for (WUI) Defensible Space any applicable minimum defensible space properties wishing to develop Requirements requirements for wildfire risk reduction rural ADUs prior to and after the established by the State Fire Marshal under ORS adoption of the Statewide Wildfire 476.392 and any applicable local requirements Hazard Map identified in SB for defensible space established by a local 762/SB 80. 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)(12) and DCC map of wildfire risk described in ORS 477.490, the 19.92.1 60(B)(1 2) are consistent ADU must comply with R327 (fire hardening -ith QQ 2Q1 /CR FAA standards) in the Oregon Residential Specialty Consistent with SB 644, the code Wildland Urban Interface Code. sections identify alternatives for (WUI) Fire Hardening properties wishing to develop SB 644 Section 1(2)(1)(B) requires that if no rural ADUs prior to and after the statewide map of wildfire risk has been adopted, adoption of the Statewide Wildfire the ADU must comply with R327 (fire hardening Hazard Map identified in SB standards) in the Oregon Residential Specialty 762/SB 80. 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)(14) and DCC Nuisance ` subject to an order declaring it a nuisance or 19.92.160(B)(14) 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)(15) and DCC Accessory Dwelling or parcel so that the existing single-family 19.92.160(B)(15)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. 247-22-000671-TA Page 5 of 43 Topic SB 391/SB 644 Requirements Comment DCC 18.116.355(8)(16) and DCC SB 644 Section 1(2)(m)(C)(5) allows a county to 19.92.1 60(B)(1 6) 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)(16) and DCC by the Water Resources Commission or Water 19.92.160(B)(16) require setbacks Resources Department. from the well to be maintained from an ADU. SB 644 Section 1(2)(m)(C)(6) recognizes that a single-family dwelling and an ADU are considered DCC 18.11 6.355(B)(I 8) and DCC Water Right Exempt Use a single unit and therefore do not require a 19.92.1 60(B)(1 8) 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 537.545 (1)(b) or (d), no portion of the lot or 19.92.1 60(B)(1 8) 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 the Water Resources Commission'. DCC 18.116.355(B)(20) and DCC 19.92.160(B)(20) are consistent with SB 391 /SB 644. Additional SB 644 Section 1(2)(m)(C)(3) prevents an ADU standards prohibit the primary Vacation Occupancy from being used for vacation occupancy as single-family dwelling onsite from defined in ORS 90.100. use as a vacation rental after construction of lawful ADU 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, 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 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. FINDING: This criterion will be met as notice was published in the Bend Bulletin newspaper for the Planning Commission public hearing, and the Board of County Commissioners' public hearing. B. Posted Notice. Notice shall be posted at the discretion of the Planning Director and where necessary to comply with ORS 203.045. FINDING: Posted notice was determined by the Planning Director not to be necessary. C. Individual notice. Individual notice to property owners, as defined in DCC 22.08.010(A), shall be provided at the discretion of the Planning Director, except as required by ORS 215.503. FIPJDING: %-J1 the proposed iegisiu'tive arnendments 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. 247-22-000671-TA Page 7 of 43 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. 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. 2023-014 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, Accessory Dwelling Units (ADUs), 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. 247-22-000671-TA Page 8 of 43 However, to the extent that it does, local governments apply Goal S to a PAPA when the amendment allows a new use and the new use "could be" a conflicting use with a particular Goal S 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. In the eligible zones 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 Statewide Wildfire Hazard Map, 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, Accessory Dwelling Units (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. 247-22-000671-TA Page 9 of 43 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 • 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. 247-22-000671 JA Page 10 of 43 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 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 or 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 JA Page 11 of 43 Appendix A: ESEE Analysis Document to File No. 247-22-000671-TA 247-22-000671-TA Page 12 of 43 Deschutes County Community Development September 27, 2023 247-22-000671-TA Page 13 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 14 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. r%...... L......... %. Coun..., Goal 5-D..., ...,m Ill 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 15 of 43 2. Scenic Protections: Development near rivers in the Landscape Management Combining Zone must be reviewed for aesthetic compatibility. 3. Wetland Protections: Prohibition of fill or removal of any material or wetland vegetation, regardless of the amount, within the bed and banks of any stream or river or in any wetland unless approved as a conditional use. 4. Mitigation Protections: Impacts to any wetland or riverbank impacts to be fully mitigated, as evaluated by Oregon Department of Fish and Wildlife (ODFW). 5. Flood Plain Protections: All new construction, expansion or substantial improvement of an existing dwelling, an agricultural related structure, a commercial, industrial or other non-residential structure, or an accessory building in a designated Flood Plain must obtain a conditional use permit. 6. Combining Zone Requirements: Deer Migration Corridor, Deer Winter Range, Elk Habitat, and Sensitive Bird and Mammal Habitat have site specific requirements including development setbacks and/or seasonal construction requirements to prevent impacts to sensitive species and habitat. Required Steps and Discretionary Review Local governments are required to comply with Goal 5 when a PAPA allows a new use and the new use "could be" a conflicting use with a particular Goal 5 resource site on an acknowledged resource list.$ Deschutes County is amending the MUA-10, RR-10, SR 2.5, UAR-10 and WTZ zoning chapters to allow ADUs consistent with SB 391 (2021) and SB 644 (2023). ADUs have the potential to generate a certain level of noise and habitat alteration. As this new use could potentially impact Goal 5 resources, Deschutes County is conducting an ESEE Analysis to identify potential consequences and protections related to the amendments. ADUs will be added as a new permitted use in the MUA-10, RR-10, SR 2.5, UAR-10 and WTZ zones. As shown below, only two of those zones, MUA-10 and RR-10 contain Goal 5 resources and are being reviewed as part of this ESEE analysis. Table 2: Zones Containing Goal 5 Resources • DCC Chapter 18.32, Multiple Use Agricultural Zone • DCC Chapter 18.60, Rural Residential Zone 8 OAR 660-023-0250(3)(b) DCC Chapter 19.12, Urban Area Reserve Zone DCC Chapter 19.20, Suburban Low Density Residential Zone DCC Chapter 19.22, Westside Transect Zone 247-22-000671 JA Page 16 of 43 ESEEs are meant to be analytical tools. The content of the ESEE is discretionary and is intended to be conducted by planning staff using existing information. An ESEE is not meant to focus exclusively on environmental impacts such as an Environmental Impact Statement (EIS) under the National Environmental Policy Act (NEPA). Additionally, Goal 5 explains "the ESEE analysis need not be lengthy or complex, but should enable reviewers to gain a clear understanding of the conflicts and the consequences to be expected." 9 In utilizing this analytical tool, there are a few steps jurisdictions must include and address in accordance with OAR 660-023 - Procedures and Requirements for Complying with Goal 5: 1. Identify Conflicting Uses - Does the land use or activity negatively impact natural resources? 2. Determine Impact Area - What is the geographic extent to which land uses or activities adjacent to natural resources could negatively impact those resources? 3. Analyze ESEE Consequences - What are the positive and negative consequences (both for development and natural resources) of a decision to fully protect natural resources, fully allow conflicting uses, or limit conflicting uses? 4. Develop a program - How and to what extent will the natural resources be protected based on the ESEE analysis? A response to each of these steps is included throughout this report. The relevant page and chapter can be found in the table of contents. 9 OAR 660-023-0040(1) 247-22-000671-TA Page 17 of 43 Chapter 2: Deschutes County Goal 5 Inventory and Methodology 660-23-0030 - Inventory Goal 5 resources Stemming from periodic review, Deschutes County adopted inventories for a variety of Goal 5 natural resources (Attachment 1). Some of these resources have mapped geographic boundaries such as Deer Winter Range, whereas others are described as being located in general areas - such as furbearer habitat in riparian corridors. The inventories were produced at a countywide scale, with additional detail for the Deschutes River and its tributaries through the Deschutes County/City of Bend River Study. County staff digitized these habitat boundaries into Geographic Information Systems (GIS) shape files in the 2000s for public awareness. The shape files were created from hard copy maps and descriptions found in the ordinances establishing the County's Goal 5 program, in consultation with the Oregon Department of Fish and Wildlife (ODFW). Maps provided in this document include inventoried habitat that spatially overlaps with the MUA- 10 and RR-10 zones impacted by the proposed text amendments (Attachment 2). The habitat areas include: deer migration corridor, deer winter range, elk habitat, flood plain, and wetlands. Staff utilized the County's WA Combining Zone layers to determine the general extent of habitat for big game species as the Combining Zone was designed to cover a larger area than the habitat itself (Ordinance 92-046). Inventoried streams and rivers are shown on the map, as well as wetlands and flood plains. Goal 5 Riparian areas (flood plain, wetlands and 100 feet measured from ordinary high water mark) associated with these water bodies is also the habitat area for fish, furbearers, waterfowl, and upland game birds (Ordinance 92-041, 94-007). As the proposed text amendments are legislative and do not impact any specific properties, staff did not review Goal 5 impacts on an individual parcel level basis. Instead staff identified the following potential resource sites in which the allowance of ADUs could potentially intersect with Goal 5 resources: Riverine Resources: Some properties in the MUA-10 and RR-10 zones are located in relative proximity to the Deschutes River, Little Deschutes River, Paulina Creek, and Whychus Creek and its associated Goal 5 Riparian Area.10 Ordinance 92-041 stated the following additional Goal 5 resources depend on riparian corridors for habitat: furbearer, waterfowl, and upland game bird habitat. As the extent of the habitat locations for these species are not detailed in a boundary description or on a map, staff assumes the species habitat is found entirely inside the Riparian Area boundary shown in Attachment 2. Wildlife Area Combining Zone: The WA Combining Zone was adopted as a protection measure for antelope, deer, and elk in Deschutes County. As an overlay zone, the mapped area conservatively identified typical habitat and migration areas and provided additional development requirements to ensure impacts to wildlife are properly mitigated alongside the underlying base zone regulations. The zone encompasses the previously inventoried area for Antelope Range, Deer Migration 10 There are 386 RR-10 tax lots, two acres or greater that abut the Little Deschutes River or Deschutes River and 505 tax lots that are split -zoned RR-10 or MUA-10 with the Flood Plain Zone. The Flood Plain Zone is not recognized as a rural residential exception area. RR-10 and MUA-10 split zoned properties will be required to contain the minimum lot or parcel area to qualify for an ADU. 247-22-000671-TA Page 18 of 43 Corridor, Deer Winter Range, and Significant Elk Habitat. The proposed amendments add a conflicting use, ADUs which affect three habitat ranges in f\iUA-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 19 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 Agricultural uses Personal use airstrip Single family dwelling or Golf course manufactured home Type 2 or 3 Home occupation Harvesting a forest product Destination resorts Class I and II road or street projects Planned developments subject to land division standards Cluster developments MUA-10 Class III road or street project Landfills 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 20 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 JA Page 21 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 22 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 12 Zon-e Deer Miaration Deer Winter Flk 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 23 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 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 24 of 43 This step is discretionary. The purpose of an ESEE analysis is to provide a qualitative exercise for local governments to weigh the positive and negative consequences of three scenarios in order to determine a preferred outcome. Governments may choose to use quantitative data as necessary, but are not required to gather new information or hire wildlife biologists, economists, sociologists, or energy consultants. ESEE Scenario Descriptions Scenario (A) - Allow the Conflicting Use In this scenario, the local government may decide that a conflicting use should be allowed fully, without any restrictions, no matter the potential impacts on the inventory site(s). In this instance, the Goal 5 rule would require the government to determine the conflicting use is of such importance compared to the site that the use should be allowed without any protections or limitations. In choosing this scenario, the local government could still use other tools to protect the inventories that are currently in place. Scenario (B) - Prohibit the Conflicting Use In this scenario, the local government may decide that the inventory site is of such importance or the conflicting use has the potential to be so detrimental to the inventory site(s), that the conflicting use should be entirely prohibited. Scenario (C) - Limit the Conflicting Use In this scenario, the local government may decide that the inventory site and the conflicting use are h..th important when compared to cash nthar nnrl tho I Ic n Ckni IIA ho n1inlninA Iniith limitations to U III 1pVlL L VVI III 1_%J 11 IFCAI U L%J C:L%—II VU 1C1, QI II/ UIC. %.4_1l JI IVUIU "J GIIVVVIU VVlll1 III I IIL LIVI IJ LV 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 MUM 0 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 25 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 �.. di the I of fishl � 4 � i[Alifn h-�hi+ + A �n +n +hn rn rtinn�c� rnnirl lUl lUI IUC lV express concerns I IJ regarding Ig the IoJJ VI I IJI 1 al lu vvllull Ie I �auitat uuc tv tl Ic I C&%Jl i J I UVIU 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 26 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 haoltat anU JeI151lIVe 0 1: r U aU IV[ dI11111dI rldlJlldl I IdVC site spell) ll I CI,UII CI I ICI 1tJ II II IUUII Ir:, 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 or an upgraded 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 27 of 43 Scenario B) Prohibit the Conflictingr Used 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 ICdU to further ICI 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 28 of 43 Scenario (C) Limit the Conflicting Use In this scenario, Deschutes County would allow ADUs in the MUA-10 and RR-10 zones, with additional limitations to protect the inventoried resources, outside of existing protections. For example, a limitation requiring the entire ADU to be within a 100 feet of the existing dwelling. Economic Consequences: Permitting ADUs would have positive consequences by allowing a second dwelling on a property. Deschutes County is experiencing a housing shortage. Allowing ADUs, which are limited to 900- square-feet of livable floor area and cannot be used as vacation rentals, could help address work force housing shortages in the region. It could reduce commuting costs for those workers that live in adjoining Crook, Jefferson and Klamath counties and coupled with other work force housing strategies, attract businesses and employment opportunities in Central Oregon. Compared to scenario (a) in which only a portion of the ADU must be within a 100 feet of the existing dwelling, the addition of limitations could lessen the impact by minimizing the buildable footprint and ultimately, the number of eligible properties, recognizing that some may not have enough area to accommodate an ADU. This could positively impact the hunting and wildlife viewing economy in Central Oregon, valued at $50 million annually. While such measures could lessen impacts, the overall burden caused by allowing ADUs nevertheless may still overall impact wildlife and thereby impact revenue generated from the recreation economy. In comparison to scenario (a), which would allow the use outright, Deschutes County finds that this scenario would provide a limitation to reduce the amount of impacts, even if those impacts still exist. Social Consequences: The positive social consequences in this scenario are very similar to scenario (a). Permitting ADUs could have positive consequences by allowing property owners with an existing single family dwelling to build an ADU that accommodates aging parents or family members, farm help for those that are working on MUA-10 zoned agricultural properties or nearby Exclusive Farm Use zoned properties. By providing affordable housing, it could help lift people out of poverty and increase economic mobility. It could bring a positive impact on the surrounding community, encouraging social connections and lowering crime rates. Adding a limitation requiring the entire ADU to be within a 100 feet of the existing dwelling (or others), could establish a negative consequence of ADUs in rural areas with inadequate access to employment, schools, food markets, medical facilities and parks. This could lead to higher automobile -dependence and vehicle emissions caused by more people driving to and from rural areas. Based on previous testimony from ODFW, there could also be negative impacts due to the potential loss of wildlife habitat stemming from the possible removal of habitat areas and construction of structures and their associated human presence. Many residents, advocacy organizations, and wildlife agencies continue to express concerns regarding the loss of fish and wildlife habitat due to the region's rapid growth and development. There is a recognition that increases in human activity, especially in rural areas, displace habitat and diminish, incrementally, Deschutes County's rural character and quality of life. The proposed amendments could have 247-22-000671 JA Page 29 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. Bn.. 1:�..,.:�:...� 4.1.... -;re AMI I ithin, 1000 feet f the vi—i— r41-1linn the neptive nniiirnnmontnl limiting iti g LIIC eI l I C /-%UV VViu It I a I vv IccL of a Ic eAI.3uI 16 uvvcnn Ib, a It. 11� i5 LIv� LI lull vi �. Iaul 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 30 of 43 Chapter 6: ESEE Decision 660-023-0040(5): Develop a program to achieve Goals. Localgovernments 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 31 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 32 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 removal of riparian program to achieve the goal to vegetation, fill and conserve fish habitat (Ordinance Fish Habitat removal activities Nos. 88-030, 88-031, 89-009). Ordinance Nos. (Inventory — Ord. within the bed and Others include: fill and removal 86-018, 86-053, 86-054, 86-056, No. 92-041, page Yes banks of streams or permits, wetland removal 88-030, 88-031, 18; creeks, rivers wetlands, regulations, hydro prohibitions, 89-009, 92-040, and lakes) 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 88-0, 88-0, 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 conflictinguses. 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 33 of 43 Inventoried Resource - Ord. I 32; identified by USFS and ODFW) Flood Plain Relationship I, Conflicts an n cause k. The ich e' �e cover can also alter the quality of elk habitat. Land use or development Antelope Habitat activities which would (Inventory — Ord. result in the loss of No. 92-041— page No habitat, and animal 38; identified by harassment and ODFW) disturbance associated with 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, ODF, OSU, Oregon ` No recreation facilities, Natural Heritage roads, logging, and air 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 Comments Relevant Ordinances Wildlife Area Combining Zone was recognized as the only program to achieve the goal to protect the elk habitat. It was amended to require a 160- acre minimum lot size for areas identified as significant elk habitat. Siting standards are required to minimize conflicts of residences' with habitat protection. Ordinance Nos. 88-030, 88-031, Underlying zoning in the elk habitat 89-009, 92-040, areas is either Floodplain, Forest, or 92-041, 92-042, Open Space and Conservation. 92-046 These resource zones restrict high density residential development and prohibit industrial and commercial uses. * Some lands are zoned RR10, including lots that are split zoned with flood plain. They are already parcelized, preventing future land divisions. To achieve the goal to conserve antelope habitat, uses conflicting with antelope habitat are limited to Ordinance Nos. the Wildlife Area Combining Zone. 92-040, 92-041, In antelope range, the minimum lot 92-042, 92-046 size is 320 acres. Except for rural service centers, the antelope habitat is zoned EFU or F1. I The Sensitive Bird and Mammal Ordinance Nos. Combining Zone achieves the goal 92-040, 92-041, to protect sensitive bird sites. 92-042, 92-046 247-22-000671-TA Page 34 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. No. 92-041—page .�;, 1.,,-- VaI.QUVII runic rnrA;..-.nce Nos 00 030 00 031 wi uiiianw ��w. uo-w u, uu-vai, development, human 89-009). 56; includes all activity associated rivers, streams, with recreation along Others include: fill and removal lakes and perennial rivers and lakes, permits, wetland removal Ordinance Nos. wetlands and ponds timber -cutting around regulations, rimrock setbacks, 100' 86-0 , 86-0, identified on the sensitive habitats, fill setback from OHW, conservation 86-056, 88-030 , 1990 US Fish and Yes and removal of easements, restrictions on boats 88-031, 89-009, Wildlife Wetland material in wetlands and docks, landscape management, 92-040, 92-041, Inventory Maps; and within the bed state and federal scenic water 92-0492-045, ODFW provided lists and banks of rivers regulations. In addition, the Forest 92 046 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 35 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 of except sage grouse, the habitat is production through adequately protected bythe , 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 an areas and wetlands protect riparian 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, habitat. 040, 92-041, 92- game birds is woodlots, and riparian 042, 92-046 dispersed vegetation are Note: conflicts with sage: grouse: are throughout the constantly being 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 6 of County/City of Bend repealed due to LCDC enacted rules River Study identifies in OAR 660, Division 23. conflictinguses with upland bird habitat. Habitat areas for Upland Game Bird Habitat, adopted in No. 92-041 is repealed and replaced and further amended in Exhibit 4 with the ESEE Analysis and inventory for upland game bird habitat. Conflicts with sage grouse are reduced by the limitations on uses UPDATE - Inventory in the EFU and Floodplain zone, by Ordinance Nos. — Ord. No. 94-004 - Yes See above. the 320 acre minimum lot size and 94-004 and 94- pages 156-201. predominance of BLM lands. 021 Note: conflicts with sage grouse are limited by EFU zoning with a 320 acre minimum parcel size. Sensitive Bird and Mammal Combining Zone pertaining to sage grouse and leks have been repealed due to LCDC enacted rules in OAR 660, Division 23. 247-22-000671-TA Page 36 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, FuHabitat development which and the provisions to protect y — Ord. (Inventory would degrade or wetlands and riparian areas to No. 9page destroy habitat or achieve the goal to protect Ordinance Nos. 65; ODFW FW has not disturb the animals furbearers. 86-018, 86- identified any Yes causing them to 053,86-054, 86- specific habitat sites relocate. The farm and forest zones require 056, 88-030, 88- other than riparian large minimum lot sizes and many 031, 89-009, 92- and wetland areas Conflicts between uses are permitted only as 040, 92-041 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 ` No. 92-041-page surface mining, Sensitive Bird and Mammal Ordinance No. 69;No identified recreation facilities Combining Zone 92-041 and 042 OD FW, 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 JA Page 37 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. areas would reduce 86-0 88-0, No. 92-041— page Yes the habitat and the Others include: fill and removal 31, 89-0, 09 88-040, identified on use of the structure permits, wetland removal 92 041, 92-0FWS could cause conflicts regulations, hydro prohibitions, US 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 38 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 inventory and ESEE contained in 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 (EFLI, 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, MLIA-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 wildlife creation of new 10 acre parcels 94 007 and zoned dependent on n 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 r)c k,,,io Pktor including boat landing ha rreatpci With the exceptinn 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 or zone (regulates docks too), inventoried as a ran adjacent to ripari 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-TA Page 39 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 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 • 1UU' setback from UHW 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 40 of 43 Inventoried Resource Flood Plain Relationship Conflicts Comments Relevant Ordinances Ecologically and 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 uses, zoning, Floodplain zoning, 86-018, 86-054, Oregon Natural Yes livestock grazing, and conservation easements, and fill 86-056, 88-030, ' Heritage Program); 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, 88-0 , 88-031, 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 41 of 43 Inventoried Flood Plain Relevant Resource Relationship Conflicts Comments 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 resources, and land setback for any structure from ir; 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 Floodplain zone and restrictions fill Ordinance Nos. Federal Wild and Bend River Study and and removal permits, wetland 86-018, 86-053, Scenic Rivers Yes 1986 River Study Staff bons, removal regulations, hydro 86-054, 86-056, (Inventory — Ord. Report. Both prohibitions, r 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 42 of 43 Attachment 2 - Ire eotory Site Maps 247-22-000671-TA Page 43 of 43 Exception Area Taxiots Meeting A®U Criteria - Elk Range BOARD OF II • • MEETING DATE: November 1, 2023 SUBJECT: Ordinance No. 2023-014 - Rural Accessory Dwelling Unit Text Amendments RECOMMENDED MOTIONS: Staff recommends the Board conduct second reading of Ordinance No. 2023-014. With a unanimous vote, the Board can adopt the proposed amendments by emergency, with an effective date of 30 days after adoption. Should the Board choose to identify a different emergency adoption timeline, staff can modify the proposed ordinance based on Board direction. Alternatively, the Board can choose to follow standard procedure with an atef yfavptivnofleCtive UoYU das ateu. BACKGROUND AND POLICY IMPLICATIONS: The Board held first reading of Ordinance 2023-014 on October 18, 2023. If adopted by emergency with a 30-day effective date, the new amendments would become effective December 1, 2023. If adopted by standard procedure with a 90-day effective date, the new amendments would become effective January 30, 2024. BUDGET IMPACTS: None ATTENDANCE: Will Groves, Planning Manager Kyle Collins, Associate Planner T, MT, rGIT-1191-1111 IT, TO: Deschutes County Board of Commissioners FROM: Kyle Collins, Associate Planner DATE: October 24, 2023 SUBJECT: Consideration of Second Reading - Rural Accessory Dwelling Unit (ADU) Amendments On November 1, 2023, staff will present Ordinance No. 2023-014 to the Board of County Commissioners (Board) for consideration of second reading. The Board conducted first reading on October 18, 2023' following deliberations on August 9, 20232. Ordinance No. 2023-014 outlines legislative text amendments concerning local provisions for rural accessory dwelling units (ADUs) as identified in Senate Bills (SBs) 3913 and 6444 (file no. 247-22-000671-TA). The ordinance provided here reflects the decisions made during the Board's deliberations and subsequent work sessions. 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, 20225. The Commission held deliberations and provided recommendations on October 27, 20226. Subsequently, legislation was passed by the Oregon Legislature which required several changes to the original proposed amendments to maintain compliance with state standards. Specifically, SB 644 was passed in May 2023 and provides direction to local jurisdictions looking to adopt rural ADU standards prior to formal release of the Statewide Wildfire Hazard Map required by SBs 762 and 80. Additionally, SB 807 was passed which alters the original standards and terminology used within the forthcoming Statewide Wildfire Hazard Map. 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, 20238. 1 See Deschutes County Planning Commission October 18, 2023 Agenda for more information: https://www.deschutes.org/bcc/page/board-county-commissioners-meeting 132 2 See Deschutes County Planning Commission August 9, 2023 Agenda for more information: https://www.desch utes.org/bcc/page/boa rd-county-commissioners-meeting-118 3 https://olis.oregonlegislature.gov/liz/2021R1/Downloads/MeasureDocument/SB0391/A-Engrossed 4 https://olis.oregonlegislature.gov/liz/2023Rl/Downloads/MeasureDocument/SB644/Enrolled 5 https://olis oregonlegislature.gov/liz/2023Rl/Downloads/MeasureDocument/SB80/Enrolled 6 See Deschutes County Planning Commission October 27, 2022 Agenda for more information: https://www.deschutes.org/bc- pc/page/planning-commission-21 7 https://olis.oregonlegislature,gov/liz/2023Rl/Downloads/MeasureDocument/SB80/Enrolled 8 See Deschutes County Planning Commission July 13, 2023 Agenda for more information: https://www.deschutes.org/bc- pc/page/planning-commission-29 Following a Board work session on July 24, 2023' and public hearing on July 26, 202310, the Board voted to keep the written record open until Wednesday August 91", 2023 with deliberations scheduled for the same day. I. RECORD The record, which contains all memoranda, notices, and written testimony received, is available at the following website: https://www.deschutes.org/adu II. OVERVIEW OF ORDINANCE During deliberations, staff presented several decision points for Board consideration. A brief summary of the Board decisions and subsequent modifications to the draft amendments is provided below. For a more in-depth overview of each of these issues, please refer to the staff memorandum from deliberations on August 9, 2023.11 Primary Modifications 1. How should "Useable Floor Area" be defined? "Useable floor area" is defined as "the area of the accessory dwelling unit included within the surrounding exterior walls, exclusive of garages, carports, decks and porch covers." • Based on staffs understanding of the Board's legislative intent and discussions during deliberations, language has been removed from the "useable floor area" definition to clarify that accessory components of ADUs such as garages can also be insulated without counting towards the 900 square -foot size limitation. 2. How should the 100-Foot Siting Distance requirement be interpreted? 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. Based on Board direction, staff has added the following exception language to the siting distance standard: "An existing structure converted to an accessory dwelling unit must be located no farther than 100 feet from the existing single-family dwelling, measured from existing single-family dwelling to the nearest part of the accessory dwelling unit structure. For the purposes of this section, "existing" means the structure was lawfully established on or before 9 See Board of County Commissioners July 24, 2023 Agenda for more information: https://www.deschutes.org/bcc/page/board- county-commissioners-meeting-115 10 See Board of County Commissioners July 26, 2023 Agenda for more information: https://www.deschutes.org/bcc/page/board-county-commissioners-meeting-116 11 See Board of County Commissioners August 9, 2023 Agenda for more information: https://www.deschutes.org/bcc/page/board-county-commissioners-meeting-118 -2- November 1, 2023." As currently defined, the "accessory dwelling unit structure" can include any portion of an ADU, including garages and any other components not included in the "useable floor area" definition. 3. To maintain Southern Deschutes County Groundwater Protection efforts, should rural ADUs in Southern Deschutes County be limited to properties 5 acres or larger? • Based on Board direction during first reading of the proposed Ordinance, staff has modified the code to only allow ADU development on qualifying properties 5 acres or larger in Southern Deschutes County. All remaining qualifying properties must be 2 acres or larger based on state statue. 4. Should rural ADU development be allowed in designated Goal 5 areas such as the Wildlife Area Combining Zone, subject to existing standards and requirements? • The code allows ADU development in designated Goal 5 areas subject to existing standards and requirements. 5. Do the current amendments adequately address Senate Bill 762, Senate Bill 80, and Wildfire Mitigation? • Based on concerns from Community Development staff and local fire protection officials, certain features of the wildfire mitigation standards have been slightly modified. These modifications do not appreciably alter the original proposal, but rather provide greater direction and clarity for implementation purposes. • For example, the dimensional standards for adequate access and onsite driveways have been modified from requiring a "20-foot minimum width, with minimum vertical clearance of 13.5 feet" to a I2-foot minimum width, a minimum horizontal clearance of 20 feet, and a minimum vertical clearance of 13.5 feet." These standards align with best practices from other jurisdictions and minimum standards from several fire protection districts. All other components of the adequate access standards remain unchanged from the original proposal. • Additionally, based on further discussion with Community Development staff, it has been concluded that "staged evacuation areas" are formally determined during specific emergency situations and thus it may be unnecessary or misleading to have potential future applicants identify specific evacuation sites prior to development of an ADU. Based on this interpretation and nuance, the code has been modified to only require formal "written authorization from the property owner(s) of the staged evacuation area" in the event that property owners would rather identify private parcels as staged evacuation areas instead of formal sites identified during a specific emergency event. All other applicants will be notified at the time of application that staged evacuation areas will be identified by emergency services personnel during an evacuation event -3- and applicants will be directed to emergency notification networks in Deschutes County such as Deschutes Alerts'Z. 6. Should ADUs be allowed in the Westside Transect Zone? • Based on Board direction, staff has modified the amendments to allow ADU development within the Westside Transect Zone. 7. Should Vacation Occupancy be prohibited in the existing residence, as well as the ADU? • Based on Board direction, staff has modified the amendments to prohibit vacation occupancy within the ADU as well as the primary dwelling. Secondary Modifications After discussions with Community Development staff, a number of minor modifications have been made to the previous amendments which are intended to facilitate implementation of the ADU program and provide clear direction for both staff and applicants. These minor modifications do not change the legislative intent of the previous amendments, but add clarifying standards or new definitions when previous language may have offered competing interpretations. These changes can be summarized as follows: • Several amendments have been modified to clarify when application or verification materials are required during a formal ADU application process. For example, language has been included to require applicants to receive approval from a sewer authority or the Deschutes County Onsite Wastewater Division for onsite wastewater disposal and treatment, prior to an application for an ADU. • A new definition for "accessory dwelling unit structure" has been added to provide guidance for standards which may affect areas of a proposed ADU outside of the "useable floor area," such as setbacks or wildfire mitigation building standards. This new definition is as follows: "Accessory dwelling unit structure" means all areas of an accessory dwelling unit inclusive of garages, carports, decks, and porch covers. • A clarification has been added to ensure that all structures which serve a primarily residential dwelling use, such as additional ADUs, guest houses, or temporary residences such as medical hardship dwellings will be disallowed on properties containing an approved ADU. II. NEXT STEPS & STAFF RECOMMENDATION Staff has prepared two versions of Ordinance No, 2023-014. The first version would allow the Board to adopt the ordinance by emergency, with an effective date of 30 days and after final acknowledgement 92 https://www.deschutes.org/91 1/page/sign-deschutes-alerts -4- by the Department of Land Conservation and Development (DLCD), on December 1, 2023. The second version would follow standard adoption procedure, rather than by emergency. This means that the ordinance will be effective 90 days after the date of adoption and after final acknowledgement by the Department of Land Conservation and Development (DLCD), on January 30, 2024. Attachments: 1. Ordinance No. 2023-014 and Corresponding Exhibits - Emergency 2. Ordinance No. 2023-014 and Corresponding Exhibits - Non -Emergency -5-